California Special District by California Special Districts Association

CA SPECIAL

DISTRICT Publication of the California Special Districts Association

Volume 10, Issue 3, May - June 2015

2015 Buyers Guide

FEATURE

Interview with Paul Danczyk, USC Sol Price School of Public Policy

Understanding the 4 “Ps” before the P3 (Public-Private Partnership)

This issue of CA Special District has your complete list of CSDA’s Business Affiliates.

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Volume 10, Issue 3 • May - June 2015

Contents

2015 Buyers Guide A complete list of CSDA’s Business Affiliates.

Executive leadership development Interview with Paul Danczyk

Understanding the 4 “Ps” before the P3 (Public-Private Partnership)

4 CEO’s Message CSDA Business Affiliates – Partners to special districts

Solutions & Innovations

Costa Mesa Sanitary District uses technology to improve wastewater collection system

5 Professional Development GM Leadership Summit; Calendar

12 In Brief Filling the boots for charity; District’s lake becomes family playground; Agencies join forces to build aquatic center; Districts partner to clean up lake; and more

6 CSDA news Newly formed public affairs team to serve District Networks; CSDA Annual Conference and Exhibitor Showcase Keynote Speakers Announced

34 Community Connections Disruptive behavior at board meetings: Balancing the constitutional rights of citizens with the duty to conduct meetings in an orderly manner

8 Grassroots Action Update Oppose letters needed; Voter turnout; CSDA submits formal response to high risk local agency audit draft regulations

36 Legal Brief New case could impose restrictions on Mello-Roos

California Special District – May-June 2015

These companies provide the valuable services and products your district needs.

38 SDLF Wells Fargo Foundation funds “Access to Excellence” grant for special district general managers 42 Managing Risk Summertime blues 44 Money Matters Moving forward with design-build in California 46 What’s So Special Water leaders of the future Palmdale Water District Printed on recycled paper.

CA SPECIAL

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

CEO’s message

CSDA Business Affiliates – Partners to special districts

Members of the Board Joel Bauer, West Side Cemetery District Stanley Caldwell, Mt. View Sanitary District Elaine Freeman, Rancho Simi Recreation & Park District Peter Kampa, Saddle Creek Community Services District Jo MacKenzie, Vista Irrigation District Shane McAffee, Greater Vallejo Recreation District Ginger Root, Country Club Sanitary District Timothy Ruiz, P.E., East Niles Community Services District Sherry Sterrett, Pleasant Hill Recreation and Park District Fred Ryness, Burney Water District Arlene Schafer, Costa Mesa Sanitary 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 Nick Clair, Legislative Analyst Bernice Creager, Public Affairs Specialist Nicole Dunn, Editor Sharon Foster, Professional Development Assistant Dillon Gibbons, Legislative Representative Monica Greenberg, Business Development Specialist Jess Lima, Legislative Assistant Christina Lokke, Senior Legislative Representative Charlotte Lowe, Executive Assistant Jimmy MacDonald, Associate Legislative Representative Chris Palmer, Public Affairs Field Coordinator Koy Saeteurn, Receptionist Cassandra Strawn, Member Services Specialist Dane Wadlé, Public Affairs Field Coordinator James Wilfong, Senior Designer Rick Wood, Finance & Administration Director 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.

Neil McCormick

you aren’t aware of them just yet, CSDA Business Affiliate members are companies that provide products and/or services to all types of special districts. Since this is the Buyers Guide edition of California Special District, which includes a comprehensive listing of these CSDA members, I thought it would be appropriate to highlight the significant value that these companies bring to both CSDA and our district members. Personally, I see these companies as partners. While not necessarily in the formal or traditional sense in all cases, they are companies that ultimately help to support and contribute to the success of many special districts statewide. How do these Business Affiliates contribute? • They specialize in special districts. • They are recognized leaders in their field(s) of expertise. • They can serve as an extension to existing district staff. • They support your association (CSDA) by joining and lending their expertise. • They take time to understand your needs and areas of concern. • They are trusted advisors and product suppliers. • They are involved and engaged on issues important to districts.

1112 I Street, Suite 200 Sacramento, CA 95814 t: 916.442.7887 f: 916.442.7889 toll-free: 877.924.2732 www.csda.net A proud California Special Districts Alliance partner

Over the years, I’ve seen many districts realize high levels of synergy by working with Business Affiliates that know and understand their operations, opportunities and challenges.

Over the years, I’ve seen many districts realize high levels of synergy by working with Business Affiliates that know and understand their operations, opportunities and challenges. Results have included new and unique service delivery models, achieving significant operational efficiencies, rethinking the approach to governance and strategic planning, and many instances of saving the district and, ultimately, constituents money. I appreciate all that these companies do each day for special districts and encourage you to take a look and give these Business Affiliates a chance to work with your district when that next opportunity arises.

Highlight

July

General Manager Leadership Summit: Meeting the needs of special district leaders The General Manager Leadership Summit returns to the Hyatt Regency Newport Beach July 14-16 with all new content and material. The entire summit is geared to help special district leadership keep current on skills and trends while networking with peers to take home ideas you can immediately apply in your district. Attendees will benefit from keynote presentations by two nationally known speakers: John Spence, one of the top 100 business thought leaders, presenting on the “Leader of the Future” and Matt Tenney, with “Serve to Be Great: Leadership John Spence Matt Tenney Lessons from a Prison, a Monastery and a Board Room.” Special district staff will also be able to choose from 15 breakout session options covering hot topics such as new board member orientations, difficult employees, disruptive behavior at board meetings, the Public Records Act, closed session meetings, succession planning, the GM performance evaluation process, and negotiations. The closing session will feature important legislative updates for special districts from CSDA’s Advocacy and Public Affairs Director Kyle Packham. New this year, attendees can participate in CSDA’s popular “So You Want to Be a General Manager?” pre-conference workshop. GMs and other district leaders can also take advantage of our “Ask the Legal Experts” session where they can drop in for an informal opportunity to chat with attorneys and get no-cost legal advice. Visit www.csda.net/conferences for hotel information and to register online.

California Special District – May-June 2015

July 12-14

SUMMIT

General Manager Leadership Summit, Newport Beach

July 12

WORKSHOP

So You Want to Be A General Manager?, Newport Beach

July 22

SDLA

Special District Leadership Academy: Setting Direction/ Community Leadership, Sacramento

July 23

SDLA

Special District Leadership Academy: Board’s Role in Human Resources, Sacramento

July 30

WEBINAR

Legislative Round-Up

August August 6

WEBINAR

Maximize Your CSDA Membership – Website Resources

August 12

WEBINAR

Board Member & District Liability Issues

August 18

SDLA

Special District Leadership Academy: Board’s Role in Finance & Fiscal Accountability, Sacramento

August 20

WEBINAR

Understanding the Brown Act: Beyond the Basics

Bythe

Numb3rs 10 gallons of water saved per 10 minute shower, after installing a water-efficient shower head.

CSDA NEWS Newly Formed Public Affairs Team is Ready to Serve District Networks CSDA is proud to announce the hiring for two new positions. In Chris Palmer Dane Wadlé support of the District NetWorks initiative, CSDA has created two public affairs field coordinator positions. The new public affairs field coordinators will support the work of the District NetWorks initiative and, together with CSDA’s delegates, connect with special districts throughout the state at a local level. Chris Palmer will be the new public affairs field coordinator for Southern California and Dane Wadlé joins the association as the new public affairs field coordinator for Northern California. Both have extensive experience in public service and government. Under the leadership of Advocacy & Public Affairs Director Kyle Packham, Palmer and Wadlé will coordinate communications throughout California at a statewide and local level to assist in advancing the policy goals for the association and its members. As an integral part of CSDA’s District NetWorks, Palmer and Wadlé will enhance direct contact with local special districts, share knowledge of local issues, promote peer-to-peer collaboration, strengthen grassroots action, deliver CSDA resources, and better unify the special district voice.

Bythe

Numb3rs 19 gallons – water saved per person, per day after installing a high-efficiency toilet

CSDA Annual Conference & Exhibitor Showcase: Keynote Speakers Announced CSDA is pleased to announce it has secured an impressive line-up of keynote presenters for the CSDA Annual Conference & Exhibitor Showcase in Monterey, September 21 – 24, 2015. Attendees will be treated to an opening keynote by Peter Sheahan “FLIP! Creative Strategies for Turning Challenges into Opportunity, and Change into Advantage.” This session will help attendees embrace change and break free from the thinking that made you successful in the past, but could undermine your success in the future. Peter is known internationally for inspiring innovative business thinking and creating lasting behavior change. The second keynote, sponsored by the Special District Risk Management Authority (SDRMA) will be held on Wednesday, September 23 and will feature Michael Bazzell, computer security specialist and privacy consultant. Michael has spent 18 years as a government computer crime Due to Michael’s full-time job investigator. During the majority with the FBI, he is not allowed to have any photos published. of that time he was assigned to the FBI’s Cyber Crimes Task Force where he focused on “hackers” and various computer crime investigations. He has trained thousands of individuals employed by state and federal agencies, as well as the private sector, in the use of his investigative techniques. Make plans now to attend the CSDA Annual Conference & Exhibitor Showcase in Monterey, September 21 – 24. In addition to these great keynote speakers, attendees will benefit from a large variety of breakout sessions tailored to special districts, networking opportunities and much more! Visit www.csda.net/conferences for registration and hotel information.

California Special Districts Association Districts Stronger Together

A leadership conference for general managers and other management staff in special districts

July 12-14, 2015

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Hyatt Regency Newport Beach

update

Oppose Letters Needed on Fire Service Bill This legislative session we are asking CSDA members to take action on Senate Bill 239 by Senator Bob Hertzberg. This measure would set a precedent that would greatly threaten local control.

SB 239 places agreements between public agencies to provide fire protection services under the purview of local agency formation commissions (LAFCos). Local boards are elected by the communities that receive and pay for local services. It is the fiduciary duty of board members to make these local fiscal decisions. Removing the decision making process from the board would shift such governance decisions to individuals who do not directly represent the residents who receive the services. Secondly, this bill requires the contracting fire protection agency to receive written permission from the recognized employee organization to extend fire services outside its service area. SB 239 would preempt the contracting process entirely to the extent that it would allow the recognized employee organization to unilaterally veto an agreement for services. Allowing employee organizations to approve service decisions is a dangerous precedent, and would effectively eliminate the ability of a community and its representatives to decide how fire protection is governed. Please join CSDA in submitting an oppose letter regarding Senate Bill 239. Help CSDA advocacy efforts by downloading a sample letter that you may submit to your legislator. Visit CSDA’s Grassroots Action Center at www.csda.net to download a sample letter today.

Working to Provide Flexibility and Increase Voter Turn Out As costs continue to rise, many of CSDA’s members have identified funding elections as a significant challenge.

In an effort to save local agencies money, time and resources, the Advocacy and Public Affairs Team at CSDA has taken the lead on sponsoring provisions in the 2015 Elections Omnibus Bill. The first proposal would allow all special districts to consolidate their election into a November even-year general election. The second proposal would allow districts interested in conducting all-mail ballots the opportunity to consolidate their elections with other agencies within the same jurisdiction. Either proposal would be at the discretion of each special district’s board of directors. The flexibility in these proposals will help maximize election budgets and potentially increase voter turnout during election time. Find out how your district may benefit from the added flexibility by contacting CSDA Associate Legislative Representative Jimmy MacDonald at jimmym@csda.net with any questions or concerns.

CSDA Submits Formal Response to High-Risk Local Agency Audit Draft Regulations The first public hearing on the High Risk Local Agency Audit Program was held on April 13, 2015. Thanks to the invaluable input from many of our members, CSDA was able to compose and submit a comprehensive formal letter with recommendations to the California State Auditor.

In this letter we stressed the importance of allowing special districts the opportunity to respond to and clarify audit claims before final assessments are made. CSDA also recommended that the unique revenue authority and financial powers of special districts not be combined with all district types and or city and county authorities. CSDA members played a crucial role in establishing a position on these important regulations. Consider joining one of CSDA’s ten Expert Feedback Teams by visiting our website and selecting “Get Involved” under the “Advocacy” tab. These teams are comprised of district staff, management, directors and business affiliates.

Take Action: You can always visit the Grassroots Action Center at www.csda.net for the latest critical issues affecting special districts.

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 Member FDIC. California Special District – May-June 2015

Ask theExperts Achieving Brown Act Success: What are the top five “Dos and Don’ts” for closed session?

The Ralph M. Brown Act, Government Code section 54950, et seq., commonly referred to as the “Brown Act,” is a staple of public governance in California. Although enacted back in 1953, the Brown Act continues to evolve and change. The Brown Act generally requires that meetings of governing bodies of local public agencies be open and public. While there are exceptions to open and public meetings that allow for an agency to conduct some business in “closed session,” such exceptions are limited and construed narrowly. Navigating the Brown Act to determine when a closed session is lawful is a challenge for all public agencies, including special districts. These top five “dos and don’ts” relating to closed sessions are intended to provide districts with a roadmap to avoid unintentional violations of the Brown Act. Do you have a question for any of our CSDA experts? If so, send your question to Nicole Dunn, editor, at nicoled@csda.net.

1. DO reference the applicable Government Code section for all closed session items in the agenda for the meeting. In order to properly discuss an item in closed session, the item must be placed on the agenda for the meeting. Next to the description of the closed session item on the agenda, the applicable Government Code section that corresponds to the item should be referenced (e.g. Conference with Legal Counsel pursuant to Government Code section 54956.9(d) (1)). Government Code section 54954.5 provides descriptions for the various types of closed session items that can lawfully be held. 10

2. DON’T include the name of the employee when describing a closed session item for “Public Employee Discipline/Dismissal/Release.” For the closed session agenda item, Public Employee Discipline/Dismissal/Release, do not state the name of the employee in the agenda item description. No additional information should be stated other than “Closed session pursuant to Government Code section 54957, Public Employee Discipline/Dismissal/Release.” This differs from going in to closed session to discuss the appointment, employment or evaluation of a public employee. In those instances, the position to be filled or reviewed must be specified on the agenda, but that is not true for discipline/ dismissal/release. 3. DO allow for public comment before recessing into closed session. Government Code section 54954.3 requires that the governing body allow for members of the public to directly address them before they discuss the item. Therefore, districts should be careful to ensure that public comment occurs before the governing body recesses into closed session. 4. DON’T allow unnecessary individuals to attend closed session. Closed session usually only involves the governing body members, and the governing body may not conduct a “semi-closed” session by permitting some members of the public to attend the meeting while excluding others. It may, however, allow additional district staff required or witnesses who have an official or essential role to play in the closed session meeting. Individuals not necessary to the closed session should be excluded. Continued on page 40

MOVERS & SHAKERS San Mateo County Mosquito and Vector Control District welcomes Dr. Chindi Peavey as district manager. Peavey previously served as district manager of Alameda County Mosquito Abatement District. The Contra Costa Water District Board of Directors unanimously approved Constance Holdaway to fill the board vacancy left by the passing of Director Karl Wandry. Castro Valley Sanitary District announces they were recently awarded the California Water Environment Association’s Wastewater Collection System of the Year award for the San Francisco Bay Area. Central Contra Costa Sanitary District welcomes Ann Sasaki as deputy general manager. Sasaki previously worked as assistant director for City of San Diego Public Utilities Department. The Silicon Valley Water Conservation Awards Coalition announced Alameda County Water District (ACWD) as one of the winners in its 2015 contest to reward creative and technological approaches to conserving water in the San Mateo, Santa Clara and southern Alameda counties. ACWD won in the water utility category for providing free water conservation devices and installation to low-income customers. Dublin San Ramon Services District has hired two senior managers to oversee engineering and administration. It welcomes Daniel McIntyre as engineering services manager and John Archer as administrative services manager. California Special District – May-June 2015

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!

Coachella Valley Mosquito and Vector Control District was one of only three organizations to receive the 2014 Integrated Pest Management Innovator Award from the California Department of Pesticide Regulation. The award is considered the department’s highest honor, and organizations are chosen for the award each year based on their work in finding innovative ways to solve pest problems while reducing the use of pesticides. Retired General Manager Steve Visconti will return to manage Chico Area Recreation and Park District until a permanent replacement is found. He returns to the district after General Manager Jerry Haynes submitted his resignation. Ed Smith, general manager of Palo Verde Irrigation District, has retired. Smith managed the district since 2000. Anthony Araiza, general manager of West Valley Water District, has retired after reaching his 52nd year as an employee of the water district.

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In Brief District’s Lake Becomes Family Playground

Filling the Boots for Charity Firefighters with Rancho Santa Fe Fire Protection District banded together with other area fire agencies for charity this spring. As part of the Firefighter Boot Drive, firefighters stand in busy intersections holding out their boots, asking for monetary donations. These donations go to support Burn Institute programs, like its Camp Beyond the Scars. Camp Beyond the Scars is a retreat where hundreds of children with burn injuries, ages five to 17, can get together, have fun, and enhance their selfesteem among others who have experienced similar injuries. The camp offers a three-day winter retreat and a week-long summer camp. The firefighters stand in the busiest intersections in their communities, usually during rush-hours.

After many years of restricting certain recreational activities in its Lake Hemet, Lake Hemet Municipal Water District has allowed for the building of Splash Island II. Splash Island II is a fleet of eleven floating, inflatable play structures, located in the lake, where children can climb bobbing structures and go down inflatable slides. Splash Island II “could really change the perception of the lake,” says Thomas Wagoner, water district general manager. The district wants attendance increased at the lake and its campgrounds and Splash Island II will offer families a place to get away from the heat at an affordable price. Six lifeguards will be on duty at the structure and participants will be required to wear life vests.

Sources: CBS SF Bay Area, Contra Costa Times, Pomerado News, Tahoe Daily Tribune, Tehachapi News, The Press-Enterprise, UTSanDiego.com

Agencies Join Forces to Build Aquatic Center The town of Truckee, Truckee Tahoe Airport District and Truckee-Donner Recreation and Park District (TDRPD), along with a private donation, have contributed to close an almost $1 million shortfall for TDRPD’s proposed aquatic center. TDRPD received four bids for the project, with the lowest coming in at over $6.5 million. The district’s budget for the project was $5.7 million. To close the shortfall, the Truckee Town Council approved $125,000 to cover the traffic and facilities fees TDRPD would pay, Truckee Tahoe Airport District approved over $405,000 to cover costs associated with building safety requirements enforced by the Airport Land Use Commission, and a private donation of $200,000 was made. “I believe in building community, and this is an example of agencies using community dollars to build community,” says Truckee Tahoe Airport District Director Mary Hetherington. To further close the gap, the TDRPD board approved transferring over $326,000 in reserves for the project. In addition, the airport board approved $525,000 in matching funds toward the installation of a warm water pool and party room, should TDRPD raise the difference of just over $468,000. The district is seeking donations from the community to raise those funds. Should sufficient funds not be raised, an indoor turf field will be installed in place of the pool.

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.

Districts Partner to Clean Up Lake Golden Hills Community Services District (GHCSD) is exploring a partnership with Tehachapi Resource Conservation District (TRCD) to clean up GHCSD’s recentlyacquired Tom Sawyer Lake. The lake is home to an invasive species of shrub called Tamarisk, which grows in dense clumps and soaks up water with its deep roots, stunting the growth of other plants in the process. TRCD would perform the work at no cost to GHCSD, as they are funded by residents’ tax dollars. Going forward the partnership to clean up the lake could open the two agencies up for future partnerships - part of GHCSD’s newly purchased property may be appropriate for conservation easements.

Life-Saving Technology Purchased Thanks to Facebook Menlo Park Fire Protection District used money from Facebook to order thermal cameras used for finding people trapped in burning buildings. The money for the equipment was available through the district’s development impact agreement for Facebook’s new West Campus in Menlo Park. The cameras, through a screen, show heat signatures and make it possible to locate victims when zero visibility is possible due to smoke. “This is so different from what we experienced 10 years ago,” says Fire Chief Harold Schapelhouman. “I used to crawl through buildings and close my eyes and focus on other senses, because vision wasn’t a good one.” The cameras also allow users to pinpoint hot spots in walls and ceilings, and have a digital video recorder that will allow firefighters to play back their experiences and learn with post-incident analysis.

California Special District – May-June 2015

Possible Public-Private Partnership for Ambulance Services Contra Costa County Fire Protection District and American Medical Response (AMR) are working on an agreement that would improve the service delivery of ambulance services. The agreement, if finalized, would be the first of its kind and will aim to find efficiencies in both service to the public and internal operations. “Ultimately, AMR submitted the best proposal that called for new innovations and identified efficiencies between both entities that will strengthen the delivery of emergency ambulance and advanced life support care to the residents of Contra Costa county while bringing the best value to the system,” according to Fire Chief Jeff Carman. The goal is for the public not to notice any of the changes should the joint service go forward. If approved, the contract will last five years, with options for another five.

Helix Water District Performs Upgrades Helix Water District is in the process of upgrading its computer hardware and software programs to make the way it does business more efficient. The district had previously used the same system for 30 years. The updated software programs will automate repetitive tasks, make paper-based processes digital, streamline record keeping and modernize customer account information. It will increase efficiency in the way the district manages customer information, schedules services orders, and creates payment schedules. “Technology is rapidly evolving and the best organizations excel by updating and integrating new technology to provide the best possible service to their customers,” says Helix Water Board Trustee Kathleen Hedberg. “These new Helix programs will assist us in meeting the needs of the organization for our customer’s now and in the future.” Helix is also upgrading its backflow prevention program, which will better protect drinking water systems from contamination.

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Executive leadership development Interview with Paul Danczyk, USC Sol Price School of Public Policy Where does leadership start and end? What does effective leadership entail? According to Paul Danczyk, Director of Executive Education at the USC Sol Price School of Public Policy, leadership happens at all levels within the organization. Danczyk works extensively with executive leadership development, which he defines as a form of development that transforms organizational culture and impact. California Special District asked Danczyk to explain what executive leadership is, what it entails, and how it can benefit organizations. Tell us about the USC Sol Price School of Public Policy. What is its mission? Our school’s mission is to “improve the quality of life for people and their communities, here and abroad.” We have two campuses and Los Angeles is our primary location. In 1971, USC opened a Sacramento campus to be a resource for the state policy-making community. This is my home base. At the USC State Capital Center, we take three different approaches to meet the school’s mission. First is our intensive Master of Public Administration degree program. The applied coursework is specifically designed for working professionals, both within the Sacramento vicinity and from locations farther away. It’s not unusual to have students from the Los Angeles area or as far away as Washington, D.C.

Paul Danczyk

Our second focus is on policy outreach which bridges the academic and professional communities. Public forums, which address a variety of contemporary topics, are hosted every few months.

Leadership programs have many components that are tailored towards the overall goal and are influenced by structural parameters like time and financial resources.

The third focus is executive education. That’s my bailiwick. In partnership with sponsoring organizations, we design and deliver high-quality leadership programs that foster professional growth and shape organizational culture.

What is your role with the organization? I am the director of executive education in Sacramento, overseeing non-degree professional development and training programs. Our team-based, collaborative approach impacts over 600 public-sector executives from across California with programs including the County of Los Angeles Executive Leadership Development Program, and, nationally, with our partnership with the National Conference of State Legislatures.

What, exactly, is executive leadership development? Quite simply, it’s professional development that transforms organizational culture and impact. As individual employees, we contribute to what our organization does and its reputation—for good or bad. Leadership development happens either at the individual level with coaching—not mentoring or counseling—or training programs. Both help participants identify their roles in shaping this culture and develop attitudes, awareness, and empathy to increase performance. Although we typically default to identifying leaders based on title, leadership happens at all levels within the organization. Our experience has shown that trainings make a greater contribution when participants have complementary experiences either based on position or scope of responsibility. For example, a leadership program for senior executives would be designed differently than a leadership program for entry-level positions. It’s not to say that one level is superior to another. Instead, it is a matter of relating past experiences to shape future behavior.

Explain the importance of executive leadership development and its significance in transforming workplaces. Fundamentally, organizations are people. The relationships fostered with internal and external stakeholders determine success. Yes, public organizations address a societal need. However, if they are not close to their customers, broadly defined, or lose an entrepreneurial spirit, the impact is compromised. Leadership development facilitates strategy between relationships and need.

Leadership programs have many components that are tailored towards the overall goal and are influenced by

We have three flagship programs that meet over at least eight days. Other trainings range from a half-day session to multiple days. Experiential learning is at the heart of each program design. What excites me most about our approach is that we are making tangible differences in individual lives and within organizations. Training programs do a good job transferring knowledge. Where we stand out is tackling how to shape behaviors and change attitudes.

structural parameters like time and financial resources. When done properly, programs create a safe environment to test new ideas either through a large group setting with simulation exercises or individually with executive coaching.

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California Special District – May-June 2015

Continued on page 16

Paul Danczyk [continued] In what ways do you advise special district leaders implement leadership development? Planning is critical. Ask a few initial questions: what are you trying to accomplish and why? Having a specific goal supported by need allows programs to be tailored, including the possible use of executive coaching, as opposed to a stock program based on general leadership traits. The second question is whether the program can be designed, delivered, and evaluated in whole or in part internally, and to what extent an external provider is required. In each consideration, the reputation, experience, and formal training backgrounds (degrees and certifications of the provider) are important. There is value, for example, in having an external evaluator measure the programâ&#x20AC;&#x2122;s impact.

The third line of questions focus on structure: what are the ideal timeframes? How much stakeholder support do we have? What are the financial parameters? Once you have a starting point and some initial answers to these questions, bring others who have experience in individual and/or group trainings into the conversationâ&#x20AC;&#x201D;again, depending on your organization, it may either be internal or external experts, or a combination of both. This may be a current practice within your organization, for example, how you conduct the RFP process, or it may be new territory where you invite potential providers to help you think through different, viable approaches. As you make any strategic decision within the organization, you base it off the best possible information with stakeholder participation. Tackling leadership development approaches takes similar tactics.

See Paul Danczyk cover this topic in the “Transforming Organizations through Executive Leadership Development” session at the General Manager Leadership Summit, July 12-14 in Newport Beach. Special districts are seeing newer generations of workers coming in as other generations are retiring. How does this impact leaders and what do you recommend leaders do to adapt and address this change? By most estimates, 75 percent of the workforce will be Millenials by 2025. This provides great opportunity to foster energies around innovation and societal contribution—something which may have become stagnant in recent years. It’s true that the only thing constant is change. Yet, the perception of technological, cultural and social change is accelerating. Along with our organizations, we must keep pace. It’s not that we must jump on the latest fad and dedicate huge financial and human capital to meet every demand. But, we must keep current with our environments and professional standards. The anticipation of greater numbers of newer generations joining our organizations necessitates a renewed focus.

You have said workplace challenges occur in one of two spheres: organizational and individual. What are some examples of each? At the organizational level, challenges largely revolve around systems—organizational structures, resource acquisitions and allocations, community engagement, and formal and informal policies. Individual challenges fall more in line with attitudes and aptitudes. So, organizational challenges could be around program funding, whether there are enough staff members working on a specific project to respond in a timely fashion, or if a hierarchical or networked structure is best to meet a specific goal. Individual challenges could be whether your employees are trained to meet the formal job requirements or if they bring the right amount of know-how and enthusiasm to create positive impacts. In many cases, there is not one good solution, rather many reasonable ones. Perceived realities are important considerations.

How does executive leadership development address those challenges? Leadership happens within five different levels: individual, group/ team, organization, community and society. Knowing yourself—your skills, attitudes, reactions to situations, emotional range—and the impact on others is core to professional growth. Leadership development typically starts here, either through group trainings exploring different personality or leadership types or through executive coaching. At this stage, critical reflection generates and deepens learning to challenge an individual’s perceived realities, biases, and perceptions and opens the door to see situations through alternative lenses. Topics at the other levels vary depending on need. For example, the group/team level could address leading under stress, problem solving, decision-making, or group dynamics; at the organizational level—culture, quality improvement, diversity, internal stakeholder relationships; at the community level—

California Special District – May-June 2015

cultural awareness, strategic planning, collaboration, networks, external stakeholder relationships, political acumen; and at the society level, these are the “rules of the game”—laws and regulation, societal norms and values, and our role in shaping our society. Then, there are topics that happen at each level, such as communication, influence, negotiation, and change leadership. Most leadership development focuses on the here-and-now to shape future outcomes, expanding into the different levels based on where need is most identified. The quality of the applied impacts is dependent on the commitment of the individual, organizational support, and expertise of those designing, delivering, and evaluating the programs or coaching sessions.

Understanding the 4 “Ps” Before the P3 (Public-Private Partnership) By Seth Merewitz, Partner, Best Best & Krieger, LLP, Chair of the Public-Private Partnership/Joint Venture Group

When Edmund G. “Pat” Brown, Sr. was the governor of California (1959 to 1967), major infrastructure projects were being constructed throughout the state. Today, under Governor Jerry Brown, communities are struggling to fund needed capital expenditures and required upgrades from new state and federal regulations. New infrastructure investment is falling further and further behind the needs of our local communities. Aging and inadequate infrastructure, required upgrades and scarce public financial resources to pay for construction of new facilities is fostering a new spirit of innovation — out of necessity, rather than desire. We can do better!

The National Council for Public-Private Partnerships defines a “public-private partnership” as a “contractual arrangement between a public agency (federal, state or local) and a private sector entity. Through this agreement, the skills and assets of each sector (public and private) are shared in delivering a service or facility for the use of the general public. In addition to the sharing of resources, each party shares in the risks and rewards potential in the delivery of the service and/or facility.”

Public-private partnership (P3) is a tool that is being considered and implemented in California and elsewhere for economic development, real estate asset monetization and regional- and local-serving infrastructure. The P3 term can refer to any or all of the following: procurement, project delivery (including design, construction, operation, maintenance or any portion of project delivery), a method of financing or mechanism for risk transfer.

To meet the local and regional needs of our communities, there is renewed interest in P3, but this is not a new mechanism. In 1652, the Water Works Company of Boston was the first private firm in America created to meet a public need by providing drinking water to the community. However, the American experience took us in a different direction. While in Europe, the vast majority of local serving public infrastructure, water and wastewater is privately-owned and operated, in America and, specifically California, we see most local-serving infrastructure municipallyowned and operated.

P3 is not only a financing mechanism! In a successful P3, the public agency and the private investor function as “partners” pursuant to a contractual relationship throughout project development, financing, construction and even operation and maintenance.

P3s utilize many different deal structures and financing techniques to deliver projects that each allow for a certain amount of “risk shifting” from the public to the private entity. The public agency can also benefit from the expertise of the private provider, receive a project quicker than the normal procurement methods (for example, using authority found in California Government Code section 5956 et seq. for a P3 project or the recently expanded design-build authority) and, in return, the private entity receives a steady cash flow from the improvement with user fees or other payments. Professor Stephen Goldsmith, director of the Innovations in Government Program at the Harvard Kennedy School, recently wrote an informative “5-Part Test” on how to get a P3 project to the finish line (Governing Magazine, Dec.17, 2014). He provides a very thoughtful short list: (1) political will; (2) a belief in private-sector value creation; (3) underlying quality of assets; (4) commercially reasonable contract terms; and (5) a willingness to pay transaction costs. However, in California and elsewhere, many excellent P3 opportunities are lost as local officials fail to get the potential P3 to the starting line. Before a public agency is prepared to discuss if a public-private partnership arrangement is appropriate, consideration must be paid to the major steps required prior to the start of any P3 proposal, negotiation or implementation. In short, an agency should first consider and agree upon the 4Ps: Problem, Project, Priorities and Politics.

1. What is the Problem to solve? While it may seem obvious when an element of a local agency infrastructure is in need of repair or upgrade, it is not always apparent what is holding up the fix. Is it simply a lack of resources, insufficient taxing authority or a stifling regulatory environment? Or maybe it is a credit rating downgrade, debt or pension obligations? Maybe the agency seeks operating efficiencies, capital cost reductions or rate stability? Whatever the local issue is, it is best to get the problem well defined (and any other internal issues in order) before trying to entice a P3 partner to assist or even consider any particular fix, whether P3 or not.

2. What Project is needed to solve the problem? Many opportunities may exist to solve an identified problem. But without arriving at a defined project, it can be difficult to efficiently identify and evaluate potential partners. It is critical for the public agency to take time to analyze the various alternatives, educate elected officials and members of the public on the nature of the problem and the various approaches to fixing it, and then develop a vision for the desired project. P3 is only one approach that can be utilized to deliver a project and should be considered along with other traditional approaches.

3. What are the Priorities of the community? Where there can be clearly identified problems and projects, a community must also assess how this project and this problem compare

California Special District – May-June 2015

To get a P3 proposal to the starting line, public officials need to make sure that there is clarity and agreement on basic issues and priorities.

with many other pressing needs. More than just prioritization of the project, agencies must look deeper and consider the various economic and risk factors for a given project. It is important to work with all parties to generate a common expectation and understanding of the process and timing of the negotiation and project delivery. Sometimes, agency staff or private parties can have expectations that do not match, which can lead to unnecessary challenges.

4. What is the Political environment for such a venture? It is critical upfront to understand the political environment and various parties in and around a public-private partnership transaction — their goals, level of sophistication, risk tolerance, biases, etc. Some of the significant interested parties include: public agency elected officials, public agency staff / legal counsel, investors/developers, members of the public, special interest groups and regulators at the regional, state and federal levels. Moreover, many public agencies need to confront and overcome institutional bias from various outside consultants (financial, engineering, etc.) that may not have worked in a P3 context. Finally, as the public-private proposal is being structured before being made public, make sure to prepare for success and build in elements to maintain transparency, keep open communication and regular interaction — as this is a marriage and every healthy marriage is based on open communication! Moreover, prepare for the P3 by making sure that the public agency has clarity on all required regulatory processes required for project approval (e.g. CEQA, NEPA, etc.) and an identified and secure revenue stream. Addressing these issues prior to the announcement of a P3 can also increase the amount of interest from investors and potential partners. The 4Ps can help the public agency prepare for the private investor/developer to work more cooperatively on the publicprivate partnership. Understanding the 4Ps can also assist in the evaluation of the potential opportunity, working through the structure of the deal and then to implementation. Without a grounding in all these issues, parties can waste time and inflict great frustration on one another. We can do better! Our communities are counting on it. Seth Merewitz is a partner in the Los Angeles office of Best Best & Krieger LLP, and leads the Public-Private Partnership/Joint Venture Group. Seth provides advisory and transactional services to land developers, government agencies and private investors. His practice focuses on project development, land use and municipal law. Seth can be reached at seth.merewitz@bbklaw. com or (213) 787-2567. A portion of this article first appeared on PublicCEO.com on Feb. 18, 2015. Republished with permission.

ISTRICTS • T •D

LEADERSH IP

ONFERENC E •C

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S OR • PECIAL •F

september 21-24

Monterey, CA

California Special Districts Association Districts Stronger Together Ingredients: 100% California Special Districts Association Annual Conference, keynote speakers, breakout sessions, networking, large exhibit hall, receptions, beautiful location, many learning opportunities, no preservatives

Sept. 21-24, 2015 • Monterey

The Leadership Conference for Special Districts

2015 SPECIAL DISTRICT

Accounting

Bartlett, Pringle & Wolf, LLP 1123 Chapala Street Santa Barbara, CA 93101 (805) 963-7811 www.bpw.com Audits, Accounting/Bookkeeping, Consulting Bartlett, Pringle & Wolf, LLP offers a full suite of services dedicated to special districts. With a combination of professionalism, technical skills and industry knowledge, our team of auditors will provide a thorough assessment of your accounting procedures and deliver a comprehensive analysis to enhance quality, transparency and best practices. Blomberg & Griffin Accountancy Corporation 1013 N. California Street Stockton, CA, 95202 (209) 466-3874 www.blombergcpa.com Accounting/Bookkeeping, Audits Blomberg & Griffin provides a wide range of services to individuals and businesses in a variety of industries. At Blomberg & Griffin, we strive to meet each clientâ&#x20AC;&#x2122;s specific needs in planning for the future and achieving their goals in an everchanging financial and regulatory environment. Brown Armstrong Accountancy Corporation 4200 Truxtun Avenue, Suite 300 Bakersfield, CA 93309 (661) 324-4971 www.bacpas.com Accounting/Bookkeeping, Audits, Benefits/ Retirement, Consulting Brown Armstrong is headquartered in the Central Valley and has five locations throughout the state. We provide audit, tax and consulting services. Our audit services include: federal and state compliance audits, financial statement audits, financial health analysis and consulting, and organizational audits for efficiency/functionality. CWDL, Certified Public Accountants 5151 Murphy Canyon Road, Suite 135 San Diego, CA 92123 (858) 565-2700 www.cwdlcpa.com Accounting/Bookkeeping, Audits The partners of CWDL, CPAs have conducted audits for over 100 governmental agencies ranging from small municipalities to multi-billion dollar county investment funds. We specialize in attestation, tax, and management consulting services and uphold independence and outstanding client service.

Daniells Phillips Vaughan & Bock 300 New Stine Road Bakersfield, CA 93309 (661) 834-7411 www.dpvb.com Accounting/Bookkeeping, Audits Serving clients for more than 55 years, we are best known for our non-traditional approach to services in accounting, tax and strategic business planning. With the highest level of customer service, we have been helping clients plan, build and preserve their businesses in pursuit of success. Eadie & Payne, LLP 1839 W. Redlands Boulevard Redlands, CA 92373 (909) 793-2406 www.eadiepaynellp.com Accounting/Bookkeeping, Audits, Consulting Eadie & Payne, LLP is committed to providing the highest quality services for our clients. We know the specialized reporting requirements governmental entities must meet, and our audit and compliance expertise is unparalleled. Finley & Cook, PLLC 601 N. Broadway Shawnee, OK 74801 (405) 275-1650 www.finley-cook.com Accounting/Bookkeeping, Computer Hardware, Computer Software Finley & Cook, a Microsoft Certified Partner, implements and supports the Microsoft Solution Stack, including Microsoft Dynamics AX, NAV, CRM and Cloud Solutions. These solutions are designed and developed specifically for the public sector, providing a unique solution to improve revenue management, meet compliance requirements, and take control over costs.

James Marta & Company

Certified PubliC ACCountAnts Accounting, Auditing, Consulting and Tax

GASB 45 Solutions

James Marta Company LLP, LOW COST&alternative to a full actuarial report. Certified Public Accountants 701 Howe Avenue, Suite E3 (916) 993-9494 n www.jpmcpa.com Sacramento, CA 95825 (916) 993-9494 www.jpmcpa.com Accounting/Bookkeeping, Audits, Consulting We are a certified public accounting firm providing specialized services to special districts, including audit, accounting, tax services, bonded debt and arbitrage calculations, and GASB 45 Alternative Measurement Method calculations. We take the time to understand your needs and provide the personal attention to meet them.

JG Davidson & Company 13950 Milton Avenue Suite 300 Westminster, CA 92683 (714) 898-2116 www.jgdandco.com Accounting/Bookkeeping, Audits, Consulting JG Davidson and Company is a full-service accounting firm providing accounting, financial statement audits, and consulting services to government entities, including California special districts. We are certified public accountants, certified government financial managers, and certified fraud examiners. Mann, Urrutia, Nelson CPAs & Associates, LLP 2515 Venture Oaks Way, Suite 135 Sacramento, CA 95833 (916) 929-0540 www.muncpas.com Accounting/Bookkeeping, Audits, Consulting Mann, Urrutia, Nelson CPAs & Associates is an established and respected full-service accounting and auditing firm offering audit, tax, consulting, litigation support, business valuations, and forensic accounting services. We specialize in government, non-profit, retirement plans, and small business audits and accounting services. Nigro & Nigro, PC 25220 Hancock Avenue, Suite 400 Murrieta, CA 92562 (951) 698-8783 www.nncpas.com Accounting/Bookkeeping, Audits Nigro & Nigro is a Southern California based CPA firm that specializes in governmental accounting. We pride ourselves in providing a personalized and highly customer-oriented approach. Our services include audits, accounting services and consulting. Robert Johnson, CPA 6234 Birdcage Street Citrus Heights, CA 95610 (916) 723-2555 Accounting Robert Johnson CPA audits over 50 special districts. Reasonable rates and will travel. Rogers, Anderson, Malody & Scott, LLP 735 E. Carnegie Drive, Suite 100 San Bernardino, CA 92408 (909) 889-0871 www.ramscpa.net Accounting/Bookkeeping, Audits, Consulting Rogers, Anderson, Malody & Scott, LLP is a fullservice accounting firm providing audit, accounting support and consulting services to the government sector, including California special districts.

Teaman, Ramirez & Smith, Inc. 4201 Brockton Avenue, Suite 100 Riverside, CA 92501-3431 (951) 274-9500 www.mytrsinc.com Accounting/Bookkeeping, Audits, Consulting As a full-service CPA firm, we have provided accounting, auditing and consulting services to California governments for over 80 years. Our services also include tax preparation, management consulting and fraud examinations and prevention work.

The Pun Group, LLP 200 E. Sandpointe Suite 600 Santa Ana, CA 92707 (949) 777-8821 www.pungroup.com Accounting/Bookkeeping, Audits, Consulting The Pun Group, LLP is a full-service accounting and advisory public accounting firm providing core services of audit and assurance and tax services to governmental and not-for-profit organizations. Vasquez & Company LLP 801 South Grand Avenue, Suite 400 Los Angeles, CA 90017 (213) 873-1700 www.vasquezcpa.com Accounting/Bookkeeping, Audits Our firm provides audit, consulting, tax, financial advisory, review and compilation services. Our audit services include financial statement audits of companies in private and public sectors, audits of federal grants under OMB A-133 and compliance examination audits.

California Special District â&#x20AC;&#x201C; May-June 2015

Architecture

Ward-Young Architecture & Planning 12010 Donner Pass Road, Suite 201 Truckee, CA 96161 (530) 587-3859 www.wyarch.com Architecture, Planning Design excellence, personal attention, cost awareness, and high level of professional integrity are the foundations upon which client relationships are built at Ward-Young Architecture and Planning. RRM Design Group 3765 South Higuera Street, Suite 102 San Luis Obispo, CA 93401 (805) 543-1794 www.rrmdesign.com Architecture, Engineering, Landscape Architecture RRM is an award-winning, multidiscipline design firm of over 100 professionals, including architects, civil engineers, landscape architects, planners, surveyors and LEED accredited professionals who fill offices in San Luis Obispo, San Clemente and Santa Maria.

Banking Bank of the West Government Banking ENDORSED AFFILIATE 500 Capitol Mall, Suite 1200 Sacramento, CA 95814 (866) 588-1358 www.bankofthewest.com/commercialbanking/ industry/government.html Broker/Dealer Investment Services, Cash Management, Corporate and Commercial Card At Bank of the West, we get to know your organization, understand your short and long-term strategic and financial goals and identify potential solutions that will help you improve operational efficiencies, optimize cash flow, finance projects and manage funds more effectively. BNY Mellon Trust Company, N.A. 100 Pine Street San Francisco, CA 94111 (415) 263-2418 www.bnymellon.com Corporate Trust, Investment Management, Custodial Services With core capabilities including trustee, administration and agency services, BNY Mellon is a recognized leader in the U.S. public finance market.

Citizens Business Bank 701 North Haven Avenue Ontario, CA 91764 (909) 980-4030 x 7133 www.cbbank.com Bank Accounts Citizens Business Bank is committed to creating and maintaining public entity relationships by meeting and exceeding our customer expectations. U.S. Bank 621 Capitol Mall, Suite 800 Sacramento, CA 95814 (916) 498-3439 www.usbank.com Bank Accounts, Benefits/Retirement, Investments For more than 30 years, U.S. Bank has met the financial needs of special districts and public sector organizations with tailored products and services and knowledgeable government banking relationship managers. Union Bank, N.A. 200 Pringle Avenue, Suite 250 Walnut Creek, CA 94596 (925) 947-3047 www.unionbank.com Bank Accounts, Financing, Investments Union Bank is a premier financial institution committed to providing the highest quality corporate trust, tax-exempt lending, cash management and investment services to the public sector. Wells Fargo Bank 333 S. Market Street, 16th Floor San Francisco, CA 94105 (415) 371-3955 www.wellsfargo.com Bank Accounts, Benefits/Retirement, Insurance Banking services for public and municipal agencies.

Benefits/ Retirement Bartel Associates, LLC 411 Borel Avenue, Suite 101 San Mateo, CA 94402 (650) 377-1601 www.bartel-associates.com Benefits/Retirement, Consulting Bartel Associates, LLC is a California-based actuarial consulting firm. We prepare OPEB (GASB 45) and pension plan actuarial valuations and also provide general CalPERS pension, retiree healthcare and other pension plan consulting and review services.

Buyers Guide

RT Dennis Accountancy 12223 Highland Avenue, Suite 106-625 Rancho Cucamonga, CA 91739 (909) 689-8219 Accounting We are a full-service accounting firm specializing in assurance services of government and notfor-profit agencies. Since we specialize in governmental and not-for-profit entities, all of our practice aids, audit manuals, accounting manuals and research materials are geared to governmental standards and practices.

Nationwide Retirement Solutions 4962 Robert J. Mathews Parkway, Suite 100 El Dorado Hills, CA 95762 (916) 939-2131 www.nrsforu.com Benefits/Retirement Nationwide is the largest provider of 457 deferred compensation plans for public employees in the country by number of plan sponsors and participants served. A 457 plan is a voluntary, supplemental, pre-tax, defined contribution program. Nationwide also provides 401(a) and OBRA services; as well as, health reimbursement accounts through our proprietary Post-Employment Health Plan (PEHP). PARS ENDORSED AFFILIATE 4350 Von Karman Avenue, Suite 100 Newport Beach, CA 92660 (800) 540-6369 www.pars.org Benefits/Retirements PARS provides customized retirement plans for public agencies including, the Special District’s GASB 45 Trust Program, alternatives to social security for part-time employees, and customized defined contribution plans.

Cell Tower Consultants Sunkay Associates 1770 Morgans Avenue San Marcos, CA 92078 (760) 213-8511 www.sunkayassociates.com Cell Site Amendments/Upgrades, Lease prepayments, Site Audits Sunkay Associates is a team of industry experts that works exclusively on behalf of property owners who receive rents from major wireless carriers. Our 25-plus years of specialized wireless experience and industry connections ensures our clients are educated and protected so they can make significantly better business decisions for any wireless transaction.

Consulting Barber & Gonzales Consulting Group 8035 South Lake Circle Granite Bay, CA 95746 (916) 786-4368 www.paradigmpilgrim.com Human resources, Labor Relations and Contract Facilitation, Training We specialize in the development of organizational effectiveness, collaborative labor relations and multi-party negotiations/decisionmaking of all types.

BHI Management Consulting 2459 Neptune Court, Suite 110 Tracy, CA 95304 (209) 740-6779 www.bhiconsulting.com Consulting, Recruiting, Training BHI Management Consulting has been providing for the organizational health of public agencies since 1999. Currently, BHI specializes in strategic planning for special districts in California. The firm is owned and operated by Brent Ives.

Contractor Compliance & Monitoring, Inc. Contractor Compliance and Monitoring, Inc. 635 Mariners Island Boulevard, Suite 200 San Mateo, CA 94404 (650) 522-4403 www.ccmilcp.com Labor Compliance Consulting Contractor Compliance and Monitoring, Inc. offers prevailing wage expertise on projects requiring labor compliance: Federal Davis-Bacon, Proposition 84 and State Bond funded projects. Do not jeopardize your funding. CCMI can help your agency comply with all mandatory labor compliance requirements. Economic & Planning Systems, Inc. 2295 Gateway Oaks Drive, Suite 250 Sacramento, CA 95833 (916) 649-8010 www.epsys.com Consulting, Financing, Planning EPS provides consulting services to public agencies in the area of public finance, infrastructure financing, financing district formations, fiscal impact analysis, development impact fee nexus studies, and other related fields. HdL Coren & Cone 1340 Valley Vista Drive, Suite 200 Diamond Bar, CA 91765 (909) 861-4335 www.hdlcompanies.com Property Tax Consulting Revenue Estimates and Forecasting, Audits, and Successor Agency Dissolution Support.

Kampa Community Solutions, LLC PO Box 3221 Sonora, CA 95370 (209) 591-7100 www.kampaCS.com Consulting, HR/Staffing, Planning Kampa Community Solutions provides general management consulting services at an affordable cost exclusively for special districts. Not just planning - doing! We contract as on-call, interim or regular general manager and/or advisors to districts to ensure delivery of the highest quality services.

NBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 (800) 676-7516 www.nbsgov.com Financial Consulting, Special Assessment Engineering/Special Tax Consulting, Utility Rate Consulting NBS supports special districts with a variety of revenue tools, including utility rate studies, user fee studies, cost allocation plans and other financial analyses. NBS has the expertise in developing new special assessment, tax, or fee districts, and provides comprehensive ongoing support services for existing financing districts. Nichols Consulting 1857 44th Street Sacramento, CA 95819 (916) 455-3939 www.nichols-consulting.com Consulting With 20 years of experience in SB 90/State Mandated Cost Reimbursement (14 years for special districts), Nichols Consulting is the special district leader. We have presented as an expert at over 30 statewide workshops and are “The Home of California Public Records Act Reimbursement.” Project Resource Specialists 1620 Candlelight Glen Escondido, CA 92029-3121 (760) 415-6148 Consulting, LAFCo MSR/SOI Studies, Training With over 40 years of service experience, Harry Ehrlich provides consulting support services to local government agencies for program and project management, training and organizational studies, legislative research and policy formulation.

Engineering

SCI Consulting Group 4745 Mangels Boulevard Fairfield, CA 94534-4175 (707) 430-4300 www.sci-cg.com Consulting, Continue Disclosure Reporting, Rate Studies Serving California special districts since 1985, SCI provides services including local funding measure feasibility analysis and public opinion surveys, district-wide revenue measures, special tax and assessment district formation and annual administration, Proposition 218 compliance, development impact fee nexus studies, utility rate studies and LAFCo formation and annexation applications.

Willdan Financial Services 27368 Via Industrial, Suite 200 Temecula, CA 92590 (951) 587-3500 www.willdan.com Water/Wastewater Rate and Financial Studies, Special District (CFD, Assessments) Formation and Administration, Municipal Bond Compliance (IRS and SEC) Willdan Financial Services is a diversified financial consulting firm, providing an array of financial and economic consulting services to public agencies throughout California. We provide water and wastewater rate and financial consulting services, and services related to the formation and administration of special financing districts such as CFDs and assessments.

California Special District â&#x20AC;&#x201C; May-June 2015

Harris & Associates 1401 Willow Pass Road, Suite 500 Concord, CA 94520-1214 (925) 827-4900 www.weareharris.com Construction Management, Engineering Services, Assessment/Special Tax Administration Harris is a 100 percent employee-owned company focused on solving the challenges of public agencies and institutions located in California, Nevada and Washington. Service areas include financial engineering, civil engineering, and construction and asset management. Keller/Wegley Engineering 209 South Locust Street Visalia, CA 93291 (559) 732-7938 Engineering Engineering 2.5 W x 2.55firm IN that H bwrepresents special districts with their irrigation, drinking water, wastewater, and water supply needs.

Financing/ Investments

FINANCIAL PLANNING UBartle T I L I T YWells R AT E Associates ST U D I E S E N E R GY CO N SAvenue U LT I N G 1889 Alcatraz BOND MARKETING

Berkeley, CA 94703 BARTLE WELLS ASSOCIATES (510) 653-3399 www.bartlewells.com www.bartlewells.com Consulting, Financing Bartle Wells Associates is a public finance consulting firm with over 45 years of experience providing independent, objective financial advice to public agencies throughout California and the western United States. I N DE PE N DE N T P U BL IC F I N A NC E A D V I S ORS

California Infrastructure and Economic Development Bank (I-Bank) 980 9th Street, Suite 900 Sacramento, CA 95814 (916) 322-1399 www.ibank.ca.gov Consulting, Financing The I-Bank, a State of California financing authority, provides long-term, low-interest loans to municipal entities for a wide variety of public infrastructure. The I-Bank is also a conduit revenue bond issuer of industrial development bonds for manufacturing and processing businesses to finance buildings and equipment, and 501(c)(3) revenue bonds for nonprofit entities to finance facilities.

CSDA Finance Corporation ENDORSED AFFILIATE 1112 I Street, Suite 200 Sacramento, CA 95814 (916) 442-7887 www.csdafinance.net Tax-Exempt Financing, Financial Services CSDA Finance Corporation is a non-profit public benefit corporation established to help special districts and other public agencies with cost-effective financing programs for capital improvements, equipment purchases, land acquisitions and the refinancing of prior debt. First Southwest Company 1620 26th Street, Suite 230S Santa Monica, CA 90404 (310) 401-8050 www.firstsw.com Financial Consulting First Southwest provides financial advisory services to California municipalities. Our staff assists clients with raising capital by issuing lease and debt instruments. We also have experience in public finance-related analyses for debt capacity, capital planning and the evaluation of derivative products. (Member FINRA/SIPC)

Buyers Guide

Rauch Communications Consultants, Inc. 936 Old Orchard Road Campbell, CA 95008 (408) 391-3117 www.rauchcc.com Facilitation, Public Involvement, Strategic Planning Rauch Communication Consultants has served special districts for 40-plus years. Services include public involvement: building community support through focused and effective outreach programs; strategic planning: helping resolve clientsâ&#x20AC;&#x2122; critical challenges and developing overall direction and action plans; facilitating and mediation: helping resolve difficult management problems.

Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 (951) 686-1070 www.webbassociates.com Engineering, Planning Albert A. Webb Associates has provided highquality civil engineering services throughout Southern California.

Brandis Tallman, LLC 22 Battery Street, Suite 500 San Francisco, CA 94111 (415) 912-5633 www.brandistallman.com Financing Brandis Tallman LLC is an investment banking firm specializing in public finance. We are a fullservice broker dealer providing municipal bond underwriting and placement agent services to California communities.

Kosmont Companies 865 S. Figueroa Street, Suite 3500 Los Angeles, CA 90017 (213) 417-3300 www.kosmont.com Public Finance Advisory Services, Real Estate Services/Asset Management, Public Private Transactions/P3 Kosmont Companies was founded in 1986 and provides professional services to public agencies within the nexus of finance, real estate and economic development. Services include taxable and tax-exempt bonds and COP financings, project finance, real estate transactions, financial analysis, asset management and project implementation. Municipal Finance Corporation 2945 Townsgate Road, Suite 200 Westlake Village, CA 91361 (805) 267-7141 www.munifinance.com Financing Tax-exempt private placement financing of equipment, facilities and infrastructure. Prager & Co., LLC One Maritime Plaza, Suite 1000 San Francisco, CA 94111-3404 (415) 403-1900 www.prager.com Financing, Legal Prager & Co., LLC provides strategic financial advice and debt funding solutions to California special districts and is the investment banker to the CSDA Finance Corporation. Wells Capital Management/CalTRUST ENDORSED AFFILIATE 400 Capital Mall, Suite 702 Sacramento, CA 95814 (916) 440-4890 www.caltrust.org Investments CalTRUST provides local agencies with three professionally-managed pooled investment options – Money Market, Short-Term and Medium-Term – for agency general funds, bond proceeds and reserve funds. Governance and oversight is provided by local finance directors and treasurers.

Wells Fargo Advisors, LLC 1160 Marsh Street, Suite 200 San Luis Obispo, CA 93401 (805) 783-7942 home.wellsfargoadvisors.com/sandra.wheeler Investment Policy Reviews, Investment Advice, Portfolio Management for Special Districts With over 20 years of experience as a WFA Financial Advisor and backed by the vast resources of Wells Fargo Advisors, Sandra Wheeler is dedicated to working with special districts. Services include investment policy reviews, investment advice and portfolio management.

USC Sol Price School of Public Policy 1800 I Street Sacramento, CA 95814 (916) 442-6911 www.usc.edu/schools/price Higher Education The University of Southern California (USC) Sol Price School of Public Policy offers its signature degree in Sacramento - the Master of Public Administration (MPA). Students in the MPA Sacramento program can complete all of their coursework at the USC State Capital Center, located just a few blocks from the California State Capitol.

Health Care

Human Resources

Kaiser Permanente 1950 Franklin St, 3rd Floor Oakland, CA 94612 (510) 987-1247 www.thrive.kp.org Health Care Kaiser Permanente provides integrated health care to 7.6 million members in California. Our organization is committed to helping shape the future of health care. Kaiser Permanente’s mission is to provide high-quality, affordable health care services and to improve the health of our members and the communities we serve.

Bob Murray & Associates 1677 Eureka Road, Suite 202 Roseville, CA 95661 (916) 784-9080 www.bobmurrayassoc.com Human Resources Bob Murray & Associates brings a personal approach to providing quality executive recruitment services. Our clients include cities, counties, special districts and other governmental organizations, both large and small.

Education Rural Community Assistance Corporation (RCAC) 3120 Freeboard Drive, Suite 201 West Sacramento, CA 95691 (916) 447-9832 xt.1007 www.rcac.org Community Facilities Loans, Infrastructure Loans, Technical Assistance RCAC is a private, nonprofit organization dedicated to assisting rural communities achieve their goals and visions by providing training, technical assistance and access to resources to drinking water operators, owners and board members throughout the state. University of La Verne 1950 Third Street La Verne, CA 91750 (909) 448-4719 laverne.edu Academic Quality, Commitment of Faculty and Staff, Term Flexibility The University of La Verne was founded in 1891 and offers high-quality undergraduate and graduate programs. Our graduate programs are within the College of Arts and Sciences, the College of Education, and the College of Business and Public Management.

CPS HR Consulting 241 Lathrop Way Sacramento, CA 95815 (916) 263-3614 www.cpshr.us Consulting, Human Resources, Recruiting CPS HR Consulting is a self-supporting public agency providing a full range of integrated HR solutions to government clients. We have expertise in the areas of organizational strategy, recruitment and selection, classification and compensation, and training and development. Koff & Associates 2835 7th Street Berkeley, CA 94710 (510) 658-5633 www.koffassociates.com Human Resources Consulting, Executive Recruitment, Organizational Development Koff & Associates is a full-service human resources consulting firm specializing in the public sector. Our work includes class and comp studies, executive recruitment, organizational development, HR compliance, and performance management programs.

Legal Services Aleshire & Wynder, LLP 18881 Von Karman Avenue, Suite 1700 Irvine, CA 92612 (949) 223-1170 www.awattorneys.com Consulting, Environmental Consulting, Legal Aleshire & Wynder, LLP is a law firm that focuses specifically on public agency representation throughout all of California. A number of our attorneys have represented public agencies for over 35 years, and many of our attorneys have served public interests in various ways. We enjoy public service and working with elected officials and professional staff. AlvaradoSmith, A Professional Corporation 1 MacArthur Place, Suite 200 Santa Ana, CA 92707 (714) 852-6800 www.alvaradosmith.com Consulting, Environmental Consulting, Legal Our team of attorneys has significant experience in providing advice and handling litigation involving major public and private improvement projects, environmental assessment and remediation actions, and natural resources development. Atkinson, Andelson, Loya, Ruud & Romo 12800 Center Court Drive, Suite 300 Cerritos, CA 90703 (562) 653-3200 www.aalrr.com Legal Over the last two decades, Atkinson, Andelson, Loya, Ruud & Romo has earned a strong reputation as one of California’s most widely respected law firms.

California Special District – May-June 2015

Bartkiewicz, Kronick & Shanahan 1011 22nd Street Sacramento, CA 95816-4907 (916) 446-4254 www.bkslawfirm.com Legal We are a Sacramento law firm founded in 1989 to represent local agencies and private clients on matters concerning water resource, land use, governmental and related issues.

Bergman Dacey Goldsmith 10880 Wilshire Boulevard, Suite 900 Los Angeles, CA 90024 (310) 470-6110 www.bdgfirm.com Legal Since 1983, Bergman Dacey Goldsmith has been litigation counsel to numerous California public entities. When litigation arises, having experienced counsel on your side can often be the deciding factor. We have earned our reputation as a “no surprises” law firm.

Best Best & Krieger LLP 3390 University Avenue, 5th Floor Riverside, CA 92501 (951) 686-1450 www.bbklaw.com Legal A law firm focused on the legal needs of California special districts. BB&K attorneys have extensive experience in water supply and quality, environmental, renewable energy and construction law, public finance, rates and fees, labor and litigation. Brownstein Hyatt Farber Schreck LLP 1020 State Street Santa Barbara, CA 93101 (805) 963-7000 www.bhfs.com Consulting, Legal Brownstein Hyatt Farber Schreck LLP has a public agency practice that has particular expertise in water law and environmental quality. The firm represents public agencies throughout California as general and special counsel.

Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, CA 90071 (213) 236-0600 www.bwslaw.com Consulting, Legal With nine offices throughout California, Burke represents special districts, cities and other public agencies. We excel at general counsel services and litigation, including writs, trials, appeals, regulatory compliance, labor negotiations, employment, CEQA/other environmental challenges, construction disputes, eminent domain, and transactional matters. Carmel & Naccasha LLP 1410 Marsh Street San Luis Obispo, CA 93401 (805) 546-8785 www.CarNacLaw.com Legal Services Carmel & Naccasha’s experienced team of attorneys are knowledgeable and dedicated to providing quality legal services to our public agency clients, specifically to the many CSDs we represent. Our firm offers a high level of responsiveness and attention to our clients’ individual needs combined with decades of work representing public agencies on a wide range of matters.

Churchwell White LLP 1201 K Street, 3rd floor Sacramento, CA 95814 (916) 468-0949 churchwellwhite.com General Counsel Legal Services, Special Counsel Legal Services Churchwell White LLP attorneys represent special districts throughout California providing general counsel and special counsel legal services in areas related to environmental and natural resources, water, employment, real estate and land use, litigation and more. Cihigoyenetche, Grossberg & Clause 8038 Haven Avenue, Suite E Rancho Cucamonga, CA 91730 (909) 483-1850 www.cgclaw.com Legal We are a general practice law firm offering a wide variety of legal services: litigation, wrongful death, personal injury, construction defect, real estate, appellate, municipal law, water and wastewater and representation of special districts.

Buyers Guide

Regional Government Services/Local Government Services PO Box 1350 Carmel Valley, CA 93924 (650) 587-7300 www.rgs.ca.gov Consulting, Staffing Services Regional Government Services Authority provides services only to other local governments. Our highly experienced staff have solutions to operational or workload challenges, including employer services and employee benefits, sharing staff to reduce costs, payroll, and HR and financial consulting (e.g. training, classification, recruitment and operational reviews).

Collinson & LaChance, Attorneys at Law 9709 Highway 267, Suite A Truckee, CA 96161-0348 (530) 587-9233 www.bcollinsonlaw.com Legal Full-service law firm emphasizing the representation of special districts, business, corporation, landlord/tenant issues, wills/trust/ probate, family law and adoptions. Cota Cole LLP 2261 Lava Ridge Court Roseville, CA 95661 (916) 780-9009 www.cotalawfirm.com Legal Our comprehensive public and private law practice provides our clients with the extensive experience of skilled attorneys with a proven record of success. With decades of experience, and the energy and enthusiasm of a growing and dynamic legal team, Cota Cole LLP provides personalized service and achieves superior results. Gallery & Barton, A Professional Law Corporation 1112 I Street, Suite 240 Sacramento, CA 95814 (916) 444-2880 www.gallerybartonlaw.com Legal Legal services associated with water rights, environmental and public agency law. Gresham Savage 3750 University Avenue, Suite 250 Riverside, CA 92501 (951) 684-2171 www.greshamsavage.com Legal Gresham Savage is the widely-recognized leader for special districts in employment, litigation, real estate, environmental and land use law in Southern California. Gresham Savage offers expertise in CEQA, Brown Act, Public Records, FPPC, natural resources, and transactions, as well as many other areas. Griffith & Masuda, A Professional Law Corporation PO Box 510 Turlock, CA 95381 (209) 667-5501 www.calwaterlaw.com Legal Our mission is to provide responsive, effective, and efficient legal services. Our challenge is to provide creative solutions to complex problems. Roger Masuda is a member of the CSDA Legal Advisory Working Group.

Hanson Bridgett LLP 425 Market Street, 26th Floor San Francisco, CA 94105 (415) 777-3200 www.hansonbridgett.com Legal We practice areas of law such as general business and corporate law, litigation, and probate and estate planning, healthcare, construction, intellectual property, labor and employment, insurance coverage and public sector law. Jackson, DeMarco, Tidus, Peckenpaugh 2030 Main Street, 12th Floor Irvine, CA 92614 (949) 752-8585 www.jdtplaw.com CEQA, Development Entitlements, Litigation Jackson, DeMarco, Tidus, Peckenpaugh is a full-service law firm providing practical legal advice and representation in a wide range of legal practice areas, including: business and corporate, labor and employment, litigation, real estate, common interest subdivision, land use development, energy, environmental, construction and tax and estate planning. Kidman Law LLP 2030 Main Street, Suite 1300 Irvine, CA 92614 (714) 755-3100 www.kidmanlaw.com Legal Kidman Law LLP offers unsurpassed advice and representation in legal matters, with a specialty in water, environmental and governmental law. We stand for prompt, reliable and accurate legal services with a proven track record of success for our clients. Kronick, Moskovitz, Tiedemann & Girard 400 Capitol Mall Floor 27 Sacramento, CA 95814-4416 (916) 321-4500 www.kmtg.com Legal Kronick Moskovitz Tiedemann & Girard (KMTG) is a full-service law firm providing legal services to special districts, cities and counties throughout California. For 50 years, KMTG has provided legal expertise in all areas of public agency law.

Liebert Cassidy Whitmore 6033 West Century Boulevard, 5th Floor Los Angeles, CA 90045 (310) 981-2000 www.lcwlegal.com Legal, Consulting, Human Resources Liebert Cassidy Whitmore is a public sector employment and labor law firm representing management for more than 30 years. LCW provides general counsel, labor and litigation advice and assistance to special districts in all matters including representation, litigation services, negotiations, local government law and employment relations, construction, and business and facilities.

FIRM

Offering Innovative Solutions

McMurchie Law for Special Districts for 35 Years 2130 East Bidwell Street, Suite 2 Folsom, Providing CA 95630 a Full Range of Legal Services in: (916) 983-8000 • CSDA Legal Counsel www.mcmurchie.com • Public Agency Law • Estate Planning and Probate Legal • Employment The •firm is proud to have served as CSDA’s Insurance Small Business and Non-Profits legal• counsel since its formation in 1969. The n n firm specializes inn representing a wide variety 983-8000 districts, n dmcmurchie@mcmurchie.com of(916) special joint powers authorities and nonprofit corporations by providing legal consultation, board and staff training, and investigative services. 2130 East Bidwell Street

Suite 2

Folsom, California

95630

Meyers Nave 555 12th Street, Suite 1500 Oakland, CA 94607 (510) 808-2000 www.meyersnave.com Legal We are a full-service law firm focused on serving the legal needs of California’s special districts including fees and assessments; elections and political law; public works contracting; employment issues; and real property acquisition.

Richards, Watson & Gershon 355 S. Grand Avenue, 40th Floor Los Angeles, CA 90071 (213) 626-8484 www.rwglaw.com Legal Richards, Watson & Gershon is a premier full-service law firm. RWG’s team of leading attorneys have been solving problems and creating solutions for local governments for over 60 years. We represent school districts, community service districts, water districts, airports, joint powers authorities, special districts, and successor agencies of former redevelopment agencies, as well as cities.

Nossaman LLP 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 (949) 833-7800 www.nossaman.com Consulting, Legal Whether it is working to build public infrastructure, provide healthcare services, entitle private development, manage natural resources, complete real estate transactions, or increase business profitability, clients count on Nossaman to get the job done.

Stradling Yocca Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 (949) 725-4100 www.sycr.com Legal Our attorneys specialize in areas as diverse as corporate transactions, securities and complex business litigation, tax, intellectual property, employment, real estate, public law and municipal finance. This enables us to represent some of California’s leading companies and municipalities in a broad array of complex and sophisticated matters.

Orrick Herrington & Sutcliffe LLP 405 Howard Street San Francisco, CA 94105 (415) 773-5480 www.orrick.com Legal Providing bond counsel and disclosure counsel services to cities, counties and special districts throughout California. Renne Sloan Holtzman Sakai LLP 350 Sansome Street Suite 300 San Francisco, CA 94104 (415) 678-3800 www.publiclawgroup.com Government, Human Resources, Legal Dedicated to providing effective, innovative legal representation, policy advice, and human resources/labor relations consulting to meet the distinctive needs of local governments and nonprofit organizations.

California Special District – May-June 2015

PR/Marketing Communication Advantage PO Box 189573 Sacramento, CA 95818 (916) 930-0445 www.martyboyer.com Crisis Management, Strategic Communications Planning, Training Communication Advantage is an independent communications consulting firm serving its members with a variety of public engagement and communications services.

Purchasing U.S. Communities ENDORSED AFFILIATE 2999 Oak Road, Suite 710 Walnut Creek, CA 94597 (949) 769-4184 www.uscommunities.org Cooperative Purchasing Contracts U.S. Communities Government Purchasing Alliance is a government purchasing cooperative that reduces the cost of goods and services by aggregating the purchasing power of public agencies nationwide.

Risk Management

Special District Risk Management Authority ENDORSED AFFILIATE 1112 I Street, Suite 300 Sacramento, CA 95814 (916) 231-4141 www.sdrma.org Risk Management, Coverages Our member-focused mission is to provide renewable, efficiently-priced risk financing and risk management services for public agencies. Coverages include property and liability, workers’ compensation and health benefits.

Buyers Guide

Neumiller & Beardslee PO Box 20 Stockton, CA 95201-3020 (209) 948-8200 www.neumiller.com Legal Neumiller & Beardslee is a law firm that provides services to all types of special districts, cities, and counties, including as general counsel, litigation services, Proposition 218 procedures, construction contracts, and personnel matters.

Probolsky Research 3990 Westerly Place Suite 185 Newport Beach, CA 92660 (949) 855-6400 www.probolskyresearch.com Polling, Focus Groups, Opinion Research Polling, focus groups and other opinion research on aviation, annexation, budget prioritization, cemetery, customer service, health care, infrastructure projects, parks, public safety, rate structures, recycling, taxation, transportation, trash, water, wastewater, stormwater and vectors.

Technology Solutions

Black Mountain Software, Inc. 145 Southlake Crest, Suite 1 Polson, MT 59860 (800) 353-8829 www.blackmountainsoftware.com Computer Software Black Mountain Software provides fund accounting, utility billing, payroll, and cash receipting solutions specifically designed for local governments and special districts. Rely on our easy-to-use software products to ensure regulatory compliance and improve operational efficiency. California CAD Solutions, Inc. ENDORSED AFFILIATE PO Box 4779 Modesto, CA 95352-4779 (209) 578-5580 www.calcad.com GIS Technology California CAD Solutions, Inc. specializes in GIS implementations that are deemed impossible. CCS maintains a highly qualified staff of GIS professionals providing cost effective, “down-toearth” approaches to GIS. Digital Deployment ENDORSED AFFILIATE 2321 P Street, 1st Floor Sacramento, CA 95816 (916) 238-1800 www.digitaldeployment.com Web Design, Content Management Systems, Internet Digital Deployment is a web development company specializing in content management systems where ease-of-use and scalability are required. From design to implementation, Digital Deployment is a one-stop-shop. We build beautiful websites that can be updated in minutes.

LaserFiche 3545 Long Beach Boulevard Long Beach, CA 90807 (562) 988-1688 www.laserfiche.com Technology Solutions, Document Management Since 1987, Laserfiche has used its Run Smarter philosophy to create simple and elegant enterprise content management (ECM) solutions. California special districts use Laserfiche software to manage records, documents and workflow. ParcelQuest 193 Blue Ravine Rd. Suite 120 Folsom, CA 95630 (888) 217-8999 www.parcelquest.com Computer Software, Technology Solutions ParcelQuest works directly with all of the county assessors in California to provide daily updated parcel data and APN maps online. Tyler Technologies 5519 53rd Street Lubbock, TX, 79414 (800) 646-2633 www.tylertech.com Computer Hardware, Computer Software, Document Management Tyler Technologies is the largest company in the U.S. exclusively focused on providing integrated software and technology services to the public sector and specializes in financial management, payroll/HR, document management, citizen services and utility billing.

Translation Services Avantpage ENDORSED AFFILIATE 1138 Villaverde Lane Davis, CA 95618 (530) 750-2040 www.avantpage.com Translation Services Avantpage provides translation, localization, language technology workflow, and multilingual DTP services. We create successful client partnerships and have earned multiple certifications. Our online systems and advanced language technology provides responsive, quality, and efficient translation services.

Utility Cost Control Utility Cost Management LLC ENDORSED AFFILIATE 6475 N Palm Avenue, Suite 105 Fresno, CA 93704 (559) 261-9230 www.utilitycostmanagement.com Consulting, Energy, Utility Cost Control Utility Cost Management LLC is a firm that seeks to reduce clients’ electricity, gas, water, sewer and solid waste charges through the informed application of utility regulations.

BUSINESS AFFILIATE special acknowledgements

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

Kaiser Permanente Health Coverages www.thrive.kp.org

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

Meyers Nave Legal www.meyersnave.com

California CAD Solutions, Inc. GIS Implementations 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

Tyler Technologies Software Technology Services www.tylertech.com

Hanson Bridgett LLP Legal www.hansonbridgett.com

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

Jackson, DeMarco, Tidus, Peckenpaugh Legal www.jdtplaw.com

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

highlight

California CAD Solutions California CAD Solutions, Inc. (CCS) specializes in GIS implementations and maintains a highly qualified staff to provide special districts and other local agencies with cost effective, “down-to-earth” solutions. As a special offer to CSDA members, CCS offers the creation of digitized district boundary maps from the best available public data sources at the discounted flat rate of $500 – at least half off the regular non-member price. For districts that already have digital data, CCS offers members the same discounted $500 flat rate to perform a data “checkup” to cross reference your mapping data with your database information and ensure your service connections, district assets and other critical records are matched. Contact California CAD Solutions at 800.617.4447 or visit www.calcad.com.

California Special District – May-June 2015

[Solutions & Innovations]

Costa Mesa Sanitary District uses tablet technology to improve wastewater collection system By Scott Carroll, General Manager

Brandon Joseph, MWI and Alex Arreola, MW II reviewing work orders on a tablet.

In 2011, the Costa Mesa Sanitary District (CMSD) implemented a paperless agenda program by using iPad tablets to enhance board of directors meetings (read an article detailing that project at www. csda.net). Four years later, tablet technology has evolved and is now suited to support field activities. CMSD took advantage of the latest technology by expanding tablet use for asset management.

tablet because it appeared to be the best suited for field use and is compatible with Windows-based software. Through the field tablets, maintenance crews can securely access electronic maps, work orders and other CMSD network resources. CMSD’s fleet was equipped with mounting hardware that enables the tablets to be safely and securely fastened in vehicles while field staff conduct their tasks.

CMSD reviewed many tablets and platforms and decided to deploy the Microsoft Surface Pro3

Field staff no longer need to thumb through large sewer and storm drain atlas maps or carry large binders of

work orders. With the tablets and access to CMSD’s Cityworks asset management system, powered by Esri’s ArcGIS, all the information they need is at their fingertips. The crew cleans over 100 miles of pipeline a year, so access to CMSD’s asset management system gives them important information such as last cleaning date, notes about obstructions (if any), pipeline length and material, pipeline and manhole conditions, and CCTV observations. Cityworks empowers the crews to access work orders, maintenance history, and key

For more information or to ask questions about CMSD’s tablet program, attend the “Saving Time & Money in Your District” session at the General Manager Leadership Summit, July 12-14 in Newport Beach.

Read an article on Costa Mesa’s paperless agenda program, “Costa Mesa Sanitary District Promotes Zero Waste, Saves Money through Use of Paperless Agendas” at www.csda.net.

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.

performance indicators. With a click of a button staff can query specific data in the field such as pipeline condition, maintenance history, photos, lift station run times, and asset lifecycles. The tablets can be removed from CMSD field staff used to review wastewater inside vehicle cabs and collection system on large paper map. used in the field to take pictures, open and close work orders, take notes, send emails, search for reports, or log inspections, among other things.

The cost to design, procure, install and maintain a mobile data network, which includes three field tablets was $65,100 for the first year and $13,000 annually for general support. We believe this investment has, and will Now maps are reviewed in a digital format continue to improve and can be transferred from tablet to desktop. operational efficiencies and help to prevent sanitary sewer overflows and costly repairs in the future.

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

California Special District â&#x20AC;&#x201C; May-June 2015

[Community Connections]

Disruptive behavior at board meetings: Balancing the constitutional rights of citizens with the duty to conduct meetings in an orderly manner By Sean D. De Burgh, Cota Cole LLP

Acceptable Constraints on Public Conduct/Public Comment

Sean De Burgh will cover this topic in a session with the same title at the General Manager Leadership Summit, July 12-14 in Newport Beach. During the course of their public service, many board members and staff will encounter the displeased citizen who often seems more intent on disrupting the governmental process than contributing to it in any meaningful way. When this scenario is encountered, board members and staff will naturally desire to take steps to control the situation and ensure that the People’s business is not impeded. Notwithstanding this natural inclination, board members and staff must be careful not to infringe upon the Constitutional and statutory rights of citizens. This requires the conscientious balance of these two seemingly competing interests. What legally defensible options are available to districts to preserve order and decorum? What options should districts avoid?

Under Article I, section 2, of the California Constitution and the First Amendment of the United States Constitution, citizens enjoy wideranging rights to free speech at public meetings. However, legislative bodies are authorized to confine the discussion at public meetings to those matters within their subject matter jurisdiction.1 From a statutory standpoint, the Brown Act explicitly authorizes members of the public to “directly address the legislative body on any item of interest to the public ... that [are] within the subject matter jurisdiction of the legislative body....”2 Therefore, boards can limit public comment to those matters that are within the confines of the district’s business.3 Additionally, boards are authorized to restrict a citizen’s speech if it becomes repetitious or irrelevant,4 but should be careful not to restrict the speech simply because they disapprove of the viewpoint being expressed.5 When considering acceptable constraints on public comment or conduct, it is imperative to understand that the law envisions board members enduring personal attacks from time to time. Citizens who express discontent (even extreme discontent) with board policies or board members’ viewpoints should not be curtailed. Indeed, the Brown Act affirms that the “[t]he legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.”6 Notwithstanding these legal maxims, when a citizen’s attacks approach the realm of irrelevancy, obscenity, and/or vulgarity, then the remarks may be ruled out of order. Moreover, the Brown Act further provides that if the board determines that individuals are willfully interrupting the meeting by means that prevent the meeting from proceeding in an orderly manner, the board may order the room cleared and continue in session.7 Boards may prohibit conduct or comment that disrupts a board meeting, and citizens may be ejected and/or arrested for willfully disrupting meetings.8

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.

The overall consensus of courts that have addressed these issues is that speakers may be restricted when their actual conduct, as opposed to their words, cause an actual disruption of the public meeting. For example, in Norse v. City of Santa Cruz,9 the Ninth Circuit held that a citizen’s offensive Nazi salute after public comment had closed did not constitute an actual disruption of the meeting justifying his ejectment and arrest. In comparison, the same Ninth Circuit recently held in Acosta v. City of Costa Mesa10 that an actual disruption of a city council meeting occurred when a citizen attempted to get members of the public who agreed with his viewpoint to stand, despite the mayor’s order to cease doing so. As another example, discarding a substantial amount of garbage on the schoolroom floor where a school board meeting was being held constituted an actual disruption, not protected speech.11 The use of profanity in and of itself will usually not constitute an actual disruption unless it rises to the level of being irrelevant and repetitious.12

should thoughtfully craft rules of order and procedure that comply with established Constitutional and statutory law, and stay attuned to the ever-developing jurisprudence, which endeavors to balance these important issues. 1 White v. City of Norwalk (9th Cir. 1990) 900 F.2d 1421, 1424-1426 2 Gov. Code, § 54954.3(a) [emphasis added] 3 See also 78 Ops.Cal.Atty.Gen. 224 (1995) 4 See White v. City of Norwalk, 900 F.2d at p. 1425 5 Baca v. Moreno Valley Unified School Dist. (C.D. Cal 1996) 936 F.Supp. 719, 727-728 6 Gov. Code, § 54954.3(c) 7 Gov. Code, § 54957.9 8 See Penal Code, § 403 9 Norse v. City of Santa Cruz (2010) 629 F.3d 966, 976 10 Acosta v. City of Costa Mesa (2013) 718 F.3d 800 11 McMahon v. Albany Unified School Dist. (2002) 104 Cal.App.4th 1275 12 See Dowd v. City of Los Angeles (C.D. Cal. 2013) 2013 WL 4039043 *21 13 Baca, 936 F.Supp. at p. 727

Unacceptable Constraints on Public Conduct/Public Comment The principles cited above make clear that restricting speech at public meetings on the basis of content is improper. The focus is properly on how the viewpoint is being expressed, as opposed to what viewpoint is being expressed. These same principles also decree that care must be taken when determining whether a citizen’s conduct has actually disrupted the meeting and restrictive measures need to be employed. Some situations may present close calls requiring careful consideration. But are there any bright lines that boards should ensure they do not cross? The authorities cited herein have all addressed situations where the legislative body has responded or reacted to comments or conduct of citizens at public meetings. Absent extraordinary circumstances (e.g., death threats or threats of violence), boards 408/374-0977 should ensure that citizens are not banned or restricted from attendinginfo@rauchcc.com future public meetings. To do so would be denying use www.rauchcc.com of a public forum in advance of the actual expression, which runs counter to established First Amendment principles.13

Effective Public Outreach Practical Strategic Planning

Board Policies Regarding Order and Procedure Board members and staff should know in advance how best to address disruptive behavior at board meetings. Not knowing how to effectively address these issues when they arise may subject the district to unnecessary risk and can be an embarrassment to the community at large, as these types of cases often garner unwanted publicity. To this end, districts

California Special District – May-June 2015

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

Effective Public Outreach Practical Strategic Planning 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.

Legal Brief New Case Could Impose Restrictions on Mello-Roos By Nick Clair, CSDA Legislative Analyst

A City Attempts to Switch Water Service Providers Many residents of the City of Ojai were customers of Golden State Water Company (Golden State), a private water supplier, and complained about their rates, which were more than double the rates of The Casitas Municipal Water District (CMWD). CMWD developed a plan, utilizing the Mello-Roos financing mechanism, to acquire the assets of Golden State by eminent domain in order to service the residents of Ojai. CMWD conducted a public hearing and adopted resolutions related to the creation of a community facilities district which would have authority to issue bonds and levy a special tax, pursuant to the Mello-Roos act. Voters approved this plan in August 2013, with 87 percent of the ballots cast in favor.

In August 2013, over 87 percent of voters in Ojai casted ballots to support their local special district, Casitas Municipal Water District, in using Mello-Roos funds to acquire, by eminent domain, the facilities of a private water company. But the fight had only just begun. Casitas Municipal Water District would soon find itself entangled in a legal battle that would not only determine its ability to serve water to the surrounding area, but would determine the scope of Mello-Roos powers for special districts and other local government agencies throughout the state. The Mello-Roos Community Facilities Act of 1982 was named for its co-authors, Senator Henry J. Mello and Assemblyman Mike Roos. It was enacted as a response to Proposition 13 of 1978 which restricted the ability of local governments to raise property taxes. Pursuant to this law, local governments can establish Community Facilities Districts, the property in which is subject to a special tax used to finance bonds sold to develop public infrastructure and provide increased services. This has been a popular financing mechanism used by local governments throughout the state.

Golden State brought an action shortly after the CMWD board adopted the resolutions related to its plan. Golden State argued that various aspects of CMWD’s plan to acquire its assets were not authorized by the Mello-Roos Act. The Ventura County Superior Court ruled in favor of CMWD and Golden State appealed. CSDA, along with the Association of California Water Agencies, the League of California Cities, and the California State Association of Counties filed a joint Amicus Brief in support of CMWD and the use of Mello-Roos to finance eminent domain acquisitions. Ultimately, the Court of Appeal for the Second Appellate District of California (the Court) agreed with the position of CMWD and Amicus and affirmed the lower court’s ruling. Arguments in the case Golden State relied on California Government Code § 53313.5 which uses the term “purchase” to argue that the provision precludes the use of Mello-Roos to finance eminent domain acquisitions. Amicus pointed out that in other legal contexts the terms “purchase” and “acquisition” have been inclusive of eminent domain. Further, by its own terms, the Mello-Roos Act is to be broadly construed to effectuate its purposes. Golden State’s application of

The Mello-Roos Community Facilities Act of 1982 was named for its co-authors, Senator Henry J. Mello and Assemblyman Mike Roos. It was enacted as a response to Proposition 13 of 1978 which restricted the ability of local governments to raise property taxes.

a “strict” interpretation of the statute conflicted with the Mello-Roos Act’s instruction to broadly interpret the act. The Court agreed with the interpretation of Amicus noting that “[t]he word ‘purchase’ connotes acquisition, often in exchange for compensation, regardless of whether the thing being acquired is relinquished voluntarily.” The Mello-Roos Act was designed to be used for the financing of relatively large capital and infrastructure projects. These projects often require the acquisition of more than one parcel of property making the use of eminent domain more likely to be necessary. If a single property owner refuses to sell a parcel included within a project plan this could serve as an effective veto of the project or require the public agency to engage in costly redesigns. Eminent domain provides a solution to this problem. However, Golden State’s interpretation of the Mello-Roos statute would have prohibited Mello-Roos funds for being used for these purposes. For projects which would require the use of eminent domain to acquire some or all of the property necessary, the public agency would need to either secure separate sources of funding for the eminent domain purchase or forgo the use of Mello-Roos entirely. The Court acknowledged the foregoing concerns and the “obvious practical need in certain circumstances of using eminent domain power to acquire property for this purpose, the word ‘purchase’ should be construed in its broadest sense, which includes a taking by eminent domain in exchange for just compensation.” Another important issue was whether Mello-Roos can be used to finance the purchase of intangible assets incident to purchase tangible assets. California Government Code § 53313.5 provides, in pertinent part, “A community facilities district may also finance the purchase...of any real or other tangible property...or may finance planning and design work that is directly related to the purchase...of any real or tangible property.” Golden State argued that because the statute refers only to “tangible” property, it excludes the purchase of intangible property. The Court disagreed, holding that a local agency can use Mello-Roos financing to indirectly acquire intangible property incident to the purchase of tangible property. Of particular importance are the practical problems Golden State’s interpretation would have created. The Mello-Roos Act was designed for the acquisition of large infrastructure and other capital projects which often necessarily include

California Special District – May-June 2015

the acquisition of intangible assets. Real property purchases, for example, often include the acquisition of connected rights of way and easements. The acquisition of Golden State, in the current case, necessarily included the acquisition of certain contracts and water rights. Finally, many projects involve the acquisition of rights of way over a number of parcels, such as for roads or pipelines. Golden State’s interpretation of the statute would have prohibit all of these acquisitions from being financed with Mello-Roos funds. Conclusion This case decided several important issues as to the scope and limitations of Mello-Roos financing. Relying on the precedent set by this case, special districts may continue to use Mello-Roos to finance the acquisition of property by eminent domain. Read CSDA’s joint brief and stay informed about our legal advocacy efforts by visiting CSDA’s Legal Tracking page at www.csda.net.

leadership

Wells Fargo Foundation funds “Access to Excellence” grant for special district general managers The California Special Districts Association (CSDA) created the General Manager Leadership Summit as a way for you to come together with other special district management leaders from throughout the state to network and learn more about emerging issues and trends. Attendees of the summit return to their districts after two days of specialized training and education ready to take their board relationship, staff and district to the next level. The event will take place July 12-14, 2015 at the Hyatt Regency Newport Beach.

Thanks to the Wells Fargo Foundation, the Special District Leadership Foundation was again able to offer an “Access to Excellence” grant this year. The “Access to Excellence” grant will fund the registration fees for 10 special district managers from low-income and/or disadvantaged communities to attend the 2015 General Manager Leadership Summit.

By attending the General Manager Leadership Summit, attendees will also earn 16 hours of continuing education. There are several recognition programs offered through SDLF in which attendees will be able to put this education towards, such as the Special District Administrator certification specifically designed for district managers. SDLF is a 501c(3) not-for-profit organization formed to elevate the credibility, visibility and professionalism of special district management and elected officials. SDLF is dedicated to the pursuit of excellence in local government and elevating the profession of special district management and governance to the end that service to the public is enhanced and improved.

Your job as a manager in a special district demands that you stay current on governance best practices, state laws, human resource SDLF thanks the Wells Fargo Foundation for this generous grant donation. If you have any questions issues, pension reform, budgeting, risk about other scholarship opportunities and/or the General management, policies and procedures and Manager Leadership Summit, please contact Charlotte much more! Lowe at charlottel@sdlf.org or (916) 231-2939. Congratulations to those who have completed the following SDLF programs.

Special District Administrator Certification

• Sandi Miller, Selma Cemetery District – SDA Renewal – February 2015

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

West Valley Sanitation District – February 2015 Oro Loma Sanitary District – February 2015 Soquel Creek Water District – February 2015 Palmdale Water District – March 2015 Truckee Tahoe Airport District – March 2015 Pine Cove Water District, renewal – March 2015 Paradise Irrigation District – March 2015 Rural North Vacaville Water District – March 2015 Inland Empire Utilities District – March 2015

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 Sandy Raffelson, Herlong Public Utility District Jean Bracy, SDA, Mojave Desert Air Quality Management District

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

Recognition in Special District Governance • • • • • • • • • • •

Kathryn Mac Laren, Palmdale Water District – February 2015 Donald Zdeba, Indian Wells Valley Water District – February 2015 Tomas Kaselionis, Novato Fire Protection District – February 2015 Brian Johsz, Chino Valley Independent Fire District – February 2015 Sandra Heney, Chino Valley Independent Fire District – February 2015 Tim Shackelford, Chino Valley Independent Fire District – February 2015 Bret Sealey, Deer Springs Fire Protection District – February 2015 Vincent Dino, Palmdale Water District – February 2015 Stanley Caldwell, Mt. View Sanitary District – February 2015 Greg Orsini, McKinleyville Community Services District – February 2015 Robert Alvarado, Palmdale Water District – March 2015

• • • • • • • • • • •

Rosie Vanderhaak, Temecula Public Cemetery District – March 2015 Eric Olbekson, Highlands Recreation District – March 2015 Tim Unruh, Kern County Cemetery District #1 – March 2015 David Anderson, Kern County Cemetery District #1 – March 2015 Eliza Caudillo, Kern County Cemetery District #1 – March 2015 Melvin McLaughlin, Kern County Cemetery District #1 – March 2015 Kern County Cemetery District #1, Silver Recognition – March 2015 David Couch, McKinleyville Community Services District – April 2015 Helen Edwards, McKinleyville Community Services District – April 2015 George Wheeler, McKinleyville Community Services District – April 2015 McKinleyville Community Services District, Silver Recognition – April 2015

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 – May-June 2015

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.

Ask the experts [continued from page 10] 5. DO remember that the purpose of the Brown Act is to govern via openness. Remember that the Brown Act’s central tenet is to ensure that governing bodies conduct business in an open and transparent manner. Agencies may lose track of this important fundamental principle, and instead think of closed session as means to hide or conceal governance from the public’s scrutiny. Remember that closed session functions as the exception to the rule, not the default, and may only be authorized when a specific statutory exception to the open meeting requirement of Brown Act applies.

Mark Meyerhoff, partner in Liebert Cassidy Whitmore’s Los Angeles and San Diego offices, represents clients in all types of civil litigation, administrative proceedings and arbitrations. He regularly advises and represents clients in all aspects of employment and traditional labor relations matters. Mark can be reached at mmeyerhoff@lcwlegal.com. Oliver Yee, attorney in Liebert Cassidy Whitmore’s Los Angeles office, provides representation and legal counsel to the Firm’s clients for a variety of labor and employment law issues. He also has experience in labor negotiations, having represented public agency clients as their chief negotiator. Oliver can be reached at oyee@lcwlegal.com. DISCLAIMER: This article does not constitute legal advice. Readers should consult with their own legal counsel for the most current

Learn more about this topic at the “Brown Act Updates & Closed Session Dos and Don’ts” session at the General Manager Leadership Summit, July 12-14 in Newport Beach.

District Snapshots Spalding Community Services District

Spalding Community Services District recently invested in a solar project. The project will be paid for in eight years, after which the district will have free power for the following 17 years, resulting in a savings of over $400/month.

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

Coverage protection • Property/Liability • Workers’ Compensation • Health Benefits

Protected from the unexpected.

800.537.7790 • www.sdrma.org

The California Special Districts Alliance is a combined partnership with California Special Districts Association, CSDA Finance Corporation and the Special District Risk Management Authority. California Special District – May-June 2015

anaging Risk

Summertime blues so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity. (b) As used in this section, “hazardous recreational activity” means a recreational activity conducted on property of a public entity that creates a substantial, as distinguished from a minor, trivial, or insignificant, risk of injury to a participant or a spectator. “Hazardous recreational activity” also means:

As spring has finally arrived and summer will soon be upon us, there is an increasing demand from the public for greater access to recreational activities either provided by or sponsored by local agencies. Such activities as youth/adult recreational baseball/ softball leagues; swimming; hiking; access to public lands/trails for recreational use. How does your agency manage its recreational exposure? In this issue we will identify the various Recreational Immunities available to your public entity to allow both you and your Board a happy, stress free recreational spring and summer. What is a ‘Hazardous Recreational Activity?’ California Government Code §831.7 states in part:

(a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do

A proud California Special Districts Alliance partner.

(1) Water contact activities, except diving, in places where, or at a time when, lifeguards are not provided and reasonable warning thereof has been given, or the injured party should reasonably have known that there was no lifeguard provided at the time. (2) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given. (3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, bicycle motocross, mountain bicycling, boating, cross-country and downhill skiing, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, self-contained underwater breathing apparatus (SCUBA) diving, spelunking, skydiving, sport parachuting, paragliding, body contact sports, surfing, trampolining, tree climbing, tree rope swinging, waterskiing, white water rafting, and windsurfing. For the purposes of this subdivision, “mountain bicycling” does not include riding a bicycle on paved pathways, roadways, or sidewalks. For the purpose of this paragraph, “body contact sports” means sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants.

Officers

David Aranda, President Jean Bracy, Vice President, Mojave Desert Air Quality Management District Ed Gray, Secretary, Chino Valley Independent Fire 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 Muril Clift, Cambria Community Services District Sandy Raffleson, Herlong Public Utility District Michael Scheafer, Costa Mesa Sanitary District

What is Primary Assumption of Risk doctrine?

Assumption of risk can be either “primary” or “secondary.” Primary assumption of risk refers to instances where “there is ‘no duty’ on the part of the defendant to protect the plaintiff from a particular risk.’” (Knight v. Jewett (1992) 3 Cal.4th 296, 308-09.) Primary assumption of risk is a complete defense and bars a plaintiff’s claim for relief in its entirety. Think of such recreational activities as softball, hiking, etc. Secondary assumption of risk refers to situations in which “the defendant does owe a duty of care to the plaintiff but the plaintiff knowingly encounters a risk of injury caused by the defendant’s breach of that duty.” Secondary assumption of risk has been subsumed into the doctrine of comparative fault, and is not a complete bar to recovery.As the California Supreme Court has explained, in determining whether the defendant owed the plaintiff a legal duty to protect plaintiff from the particular risk that caused her harm, and thus whether primary assumption of the risk applies and bars plaintiff’ recovery, the court must look to “the nature of the activity and the parties’ relationship to the activity.” This is an objective test, rather than a subjective one. Therefore, the issue of the plaintiff’s reasonableness in assuming the risk is irrelevant. This inquiry necessarily involves a fact-specific, case-by-case analysis.

California Special District – May-June 2015

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.

Recreational Access to Trails and Undeveloped Public Lands 831.2. Neither a public entity nor a public employee is liable for an injury caused by a natural condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach.

831.21. (a) Public beaches shall be deemed to be in a natural condition and unimproved notwithstanding the provision or absence of public safety services such as lifeguards, police or sheriff patrols, medical services, fire protection services, beach cleanup services, or signs. The provisions of this section shall apply only to natural conditions of public property and shall not limit any liability or immunity that may otherwise exist pursuant to this division. 831.25. (a) Neither a public entity nor a public employee is liable for any damage or injury to property, or for emotional distress unless the plaintiff has suffered substantial physical injury, off the public entity’s property caused by land failure of any unimproved public property if the land failure was caused by a natural condition of the unimproved public property. 831.4. A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by a condition of: (a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding, including animal and all types of vehicular riding, water sports, recreational or scenic areas and which is not a (1) city street or highway or (2) county, state or federal highway or (3) public street or highway of a joint highway district, boulevard district, bridge and highway district or similar district formed for the improvement or building of public streets or highways. (b) Any trail used for the above purposes. (c) Any paved trail, walkway, path, or sidewalk on

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 Debra Yokota, Claims Manager Heather Thomson, CPA, Finance Manager Wendy Tucker, Senior Member Services Specialist Danny Pena, Senior Claims Examiner Alana Batzianis, HR/Health Benefits Specialist II Jennifer Ng, Claims Examiner I Shawn Vang, Accountant Rajnish Raj, Accounting Technician Rachel Saldana, Administrative Assistant

an easement of way which has been granted to a public entity, which easement provides access to any unimproved property, so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of any condition of the paved trail, walkway, path, or sidewalk which constitutes a hazard to health or safety. Warnings required by this subdivision shall only be required where pathways are paved, and such requirement shall not be construed to be a standard of care for any unpaved pathways or roads. Dog Parks, Anyone? 831.7.5. (a) A public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog park. (b) This section shall not be construed to affect the liability of a public entity that exists under the law. (c) “Public entity” has the same meaning as Section 811.2, and includes, but is not limited to, cities, counties, cities and counties, and special districts.

For more information or to discuss your agency’s specific risk needs, please contact SDRMA Chief Risk Officer Dennis Timoney at 800.537.7790 or email Dennis your question at dtimoney@sdrma.org.

Money Matters Moving forward with design-build in California By Michael Baker, Partner, Atkinson, Andelson, Loya, Ruud & Romo

The State of California took a major step in 2014, authorizing the use of design-build contracts in public works of improvement. Effective January 1, 2015, Senate Bill 785, grants broad authority to state and local agencies to use the design-build process in developing and constructing public works, and cleans up and consolidates many existing design-build laws. Although certain California agencies previously had the ability to use design-build under existing law, many agencies were either prohibited from using a best value selection process for design-build or simply did not have the legal ability to bundle design and construction into a single contract. Among others, the following agencies will now have general authority to use design-build for public works projects in excess of $1 million: special districts that operate wastewater facilities, solid waste management facilities, water recycling facilities, and fire protection facilities. Also included are transit districts, municipal operators, consolidated agencies, joint powers authorities formed to provide transit service, county transportation commissions, and other local or regional agencies responsible for the construction of transit projects.

CSDA F C

A proud California Special Districts Alliance partner.

For many special districts and agencies the use of design-build will be a new experience. The process of design-build is not for every owner. The design-build process is often difficult for owners who do not have in-house personnel with the expertise in preparing and administering design-build requests for proposals and contracts. Even though most design-build projects are simple, some may be complex, especially from the perspective of the owner - particularly an owner lacking in knowledge of the type of project being developed. The challenge arises in converting the ownerâ&#x20AC;&#x2122;s needs to a performance-based language that specifies what the design-build project is to include and solidifying the scope of work and design elements for the price negotiated. A close relationship is necessary between the owner and design-build team to avoid overly restrictive requirements or details that would inhibit the creative solutions needed to implement the ownerâ&#x20AC;&#x2122;s vision. The need for a competent design-build team is paramount in maintaining project facility requirements and to ensure that such facility requirements are stated performance terms in order to fix responsibility on the design-builder. A clear understanding of performance in terms of what has to be delivered is desired. One of the greater potential risks to an owner using design-build is that only one entity bears responsibility for the entire project, the design-builder. With the traditional project delivery method such as designbid-build, the owner can look to both the architect/ designer and the general contractor in the event a problem occurs with the project. It is necessary for an owner to carefully investigate the financial wherewithal of design-builder since it is the single entity responsible for delivering the project. There are also financing advantages to design-build. Sometimes projects, such as power plants, processing type plants and water and power delivery infrastructure construction can be financed primarily on the basis of

Officers

Jo MacKenzie, President, Vista Irrigation District Paul Hughes, Vice President, South Tahoe Public Utilities District Steve Perez, SDA ,Secretary, Rosamond Community Services District Leslie Keane, Treasurer, Orange County Cemetery 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

Don Humphrey, Livermore Area Recreation and Park District John Martin, Tehachapi-Cummings County Water District Matthew McCue, Mission Springs Water District

the revenues that the project itself will produce. When a project is financed out of its future operations, the design-build group can defer part of its compensation until the project is up and running and producing revenue. Many design-build teams one-time joint ventures that bring a contractor and architect or engineering team. Such an entity may possess little capital, and because of its legal structure, it will shield the design-build entity from liability in the event of default or other project problems. This concern is of particular importance because the main reason contractors and design teams often utilize special purpose entities is to shield their “respective” main resources of revenue from the owner in the event of a problem with the project. Owners need to be aware of the implications involved in using a one off entity and the means of recovery in the event of contract insufficiencies. In a typical design-build project, the responsibility falls on the owner to provide the normal checks and balances regarding contractor and designer performance since the design-builder performs both design and construction. The owner does need some expertise, and generally goes outside to hire a consultant, because if an owner does not have the expertise to design, how can the owner “grade the paper” of the design-build team to assure that the proper vision is getting implemented and will actually be constructed in accord with the owner’s own visions? Also, in a design-build project there can be a loss of independence on the part of the designer, in contrast to the traditional design – bid – build delivery system wherein the architects/designers are completely independent of the contractor. Typically, this form of independence allows the architect to design the project using materials and features the architect believes appropriate in keeping with the owner’s budget for the project. Conversely, in a design-build project, the designers are working hand in glove with the contractor and therefore often face pressure to substitute materials or methods that are aimed more towards increasing profits and not necessarily to providing the best services on behalf of the owner. This is not to say that the design-build team will manipulate the project forces but the owner needs to be aware of this inherent tension between the owner’s aims and the designbuilder’s profit motive. Proponents of design-build typically cite the benefits as single source responsibility, quality assurance, cost savings on design and construction, time savings in developing the project resulting

California Special District – May-June 2015

Consultants

Rick Brandis, Brandis Tallman, LLC David McMurchie, McMurchie Law Josephine Libunao, BNY Mellon Trust Co., NA William Morton, Municipal Finance Corporation Albert Reyes, Nossaman, LLP Saul Rosenbaum, Prager & Co., LLC Nicole Tallman, Brandis Tallman, LLC

CSDAFC Staff

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

in a “fast-track” construction technique, and the potential for reduced administrative burdens in managing the design and construction process. While many people are aware of the benefits tied to design-build, little focus is given to the inherent risks and what should be done to avoid those pitfalls. Design-build may not be suitable for an owner who does not possess the expertise in preparing and administering design-build specifications and plan criteria. However, if an owner feels the need to move away from the traditional design – bid – build model and desires to work with a design-build entity, the owner will need to hire the proper consultants to guide it through the process. Not every project is well-suited for the design-build process. The new California design-build law will sunset in 2025 unless reauthorized by the Legislature and the governor. There is no question that the enactment of the new law has now given public owners the freedom to utilize a best value procurement methodology wherein they do not have to accept the lowest bid of a responsible bidder. The goal of the law is to implement the design-build methodology to achieve anticipated benefits including reduced project costs, expedite project completion and incorporating design features that are not otherwise achievable through the traditional design – bid – build method. Michael Baker is a partner with Atkinson, Andelson, Loya, Ruud & Romo and can be reached at 949-453-4260 or mbaker@aalrr.com.

Seeking financing for projects Over the past month, staff and consultants from the CSDA Finance Corporation have responded to requests from dozens of special districts seeking financing for a wide variety of projects. More inquiries are coming in every day regarding financing for everything from multi-million dollar water treatment and sewer upgrade projects to smaller equipment and vehicle purchases. If your agency has a financing need, now is the time to take advantage of low interest rates. Contact the CSDA Finance Corporation for a no-obligation quote today – 877.924.2732 or www.csdafinance.net.

[What’s so special]

Water leaders of the future Palmdale Water District

with less. Managing water from source, to treatment, to delivery, with a conservation mind-set is a responsibility, and skill set that helps keep our communities thriving. The PWD internship program provides opportunities for talented, ambitious college students for exposure to real-life situations that call for problem solving, development of specific skill sets, and making a connection between the significance of water in combination with the intern’s professional aspirations. “With over 30 percent of the Palmdale Water District work force having been employed for over fifteen years, the “baby boomer” effect is a major consideration for succession planning since many experienced utility workers will soon be reaching retirement age,” said Jennifer Emery, human resources director of the Palmdale Water District. “The district, considered a level five system by the State Water Resources Control Board, requires top level expertise to operate the treatment and distribution functions for the water agency. Hands-on experience and time on the job are in high demand.”

Palmdale Water Board Members awarding interns certificates of completion: From left to right, Director Robert Alvarado, Bryan Herrera, Director Vincent Dino, Willie Jones, Director Joe Estes, Enrique Trujillo, Director Gloria Dizmang, Alexander Mosley, and Jessica Martinez (Front).

Palmdale Water District had the foresight to recognize an impending challenge. Over 30 percent of its workforce had been with the district for over fifteen years and those employees would soon be reaching retirement age. Upon retirement, the district would lose employees with years of experience and onthe-job expertise. The district knew succession planning needed to happen and it needed to happen soon. In response to this, the district teamed up with local colleges to start an internship program. Interest in the program was high, resulting in over 400 applications for three available internship positions. California Special District asked Palmdale Water District to describe the program, what the internships entail, and the success the district and the students have experienced.

Explain what the Palmdale Water District internship program is.

Brad For the Palmdale Water District, “community” is more than justSherwood a word or phrase used in conversation or for PR purposes. We recognize the importance of cooperation and re-investment into our residents. The Antelope Valley is rich in creativity, passion, perseverance, and knowing how to do more

What partnerships were involved with the internship program? Teaming up with local colleges, The College of the Canyons, and the University of the Antelope Valley, the district has received hundreds of applications for the available positions since the program’s inception in late 2014. Additionally, the district connected with the Antelope Valley Youth Build organization and provided volunteer internship opportunities to three students to help beautify the district’s facilities within the community. “Funding for the AV Youth Build comes from U.S. Department of Labor grants, which enable local youth ages 16 – 24 to complete their GED or obtain a high

Palmdale Water District Established: 1918 Size: 27,000 service connections Population: 115,000

school diploma and learn valuable skills as they build or rehabilitate their communities,” said Vincent Dino, director of the Palmdale Water Board. “AV Youth Build’s Construction Training Program was a perfect match for the Palmdale Water District.”

What were the selected interns’ job duties? Students are gaining experience in the important areas of information technology, customer service, engineering, lab analyst, water conservation and outreach, and service work (maintaining the district’s water distribution system). The importance of sharing experiences with students who can achieve a better understanding of the complexity of California water is invaluable. All interns are brought in as another part of the team. They experience the same things full-time employees do. They become part of our culture and are given job duties that help further the specific program they are working within and enhance their personal experiences to develop skill sets for the future.

Why did the district decide to hire interns? Information and experience leads to empowerment and confidence. The Palmdale Water District understands the future is in the hands of our youth. With the California drought in its fourth year, water shortages, issues with distribution between competing needs, and community outreach, the PWD wanted to begin the process of sharing and educating students about the exciting and significantly important profession

California Special District – May-June 2015

Budget: $23.4 million Location: Palmdale, California Website: www.palmdalewater.org

of water management. The district hopes these students will be interested in water careers to ensure the growing California population has a skilled labor force to properly manage this life giving resource.

How successful was the program? Upon completion of the interns’ experience, each young professional is provided a certificate of completion for their time and efforts by the water board, along with a celebratory dinner with family, staff, and board directors. The group has demonstrated the ability to take on responsibilities, follow through with commitments, and be prompt and ready to work on time, multi-task time sensitive jobs, and show flexibility with taking on new responsibilities when asked. The district will continue its internship program throughout 2015 and beyond. “We couldn’t be more proud to offer these opportunities to the next generation of employees,” said Kathy Mac Laren, water board president. “We wish them all the success and luck in the future and look forward to continuing this program by providing handson experiences to the young minds in our community.”

What were the challenges faced with instituting this program? The district encountered very few challenges initiating the program. We experienced enthusiasm, genuine interest, and professionalism from all students. The staff thoroughly enjoys sharing life experience with the students and becoming a mentor for their professional development.

Do you anticipate offering the opportunity to other students in the future? We will continue to offer this program into the foreseeable future.

What advice would you give other districts interested in organizing a similar program? The district reached out to all local higher learning institutions with a water program as an initial step to create a working partnership before the internship program was fully established. This provided the district an opportunity to better understand the water programs offered by the institutions and also allowed us to adapt our program focus to work in conjunction with their curriculum.

Our program is based on semesters to make it easier for the student and the district to employ well-thoughtout opportunities for experience that works in tandem with their school schedules. The intern will, at first, learn the water industry through discussions, reading, meeting with staff, attending meetings, and observing. Soon afterward, the intern will be assigned a specific task or function that they are fully responsible for completing. They become part of a team and are expected to follow through. We strive to provide an environment that is conducive to learning and for mentoring the student. It is easy to sometimes forget the amount of effort we have spent to be a professional. It is very important to make sure that we demonstrate a solid work ethic, as it is incredibly important to the development of a student. Water districts serve an important role in all communities. With human progression, the uncertainty of available water supply, the longterm outlook regarding climate change, and the ever increasing demand on a finite resource, it is crucial to begin investing now into the future. We must plan for stability into a future that is uncertain. This can be done through training and providing experiences to our next generation of professionals. We encourage all districts to implement an internship program.

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CONSULTING

SPECIAL DISTRICT AUDITOR Bob Johnson, CPA “Experienced”

YOUR BOARD TRAINING SOURCE 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

E-mail: robertwjohnsoncpagroup@gmail.com

888.404.3518 • brent@bhiconsulting.com

Microsoft Dynamics for Public Sector

James Marta & Company LLP

CERTIFIED PUBLIC ACCOUNTANTS Accounting, Auditing, Tax & Consulting

SPECIAL DISTRICT FINANCIAL AUDITS

Achieve maximum productivity, meet compliance requirements and streamline business processes.

2.5 W x 2.55 IN H bw

Budget Planning

GASB 45 OPEB CALCULATIONS

BI and Reporting

Time and Expense Processing

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

SPECIAL DISTRICT

Grant Management Project Management

www.finley-cook.com

Microsoft Dynamics AX Microsoft Dynamics NAV

405-395-5152

FINANCIAL /INVESTMENTS

Accounting & Finance Karl Drexel, SDA

Specializing in Small Special Districts Let me help prepare your books for your auditor QuickBooks Proficient

(707) 527-5688 karl@kdmanagement.us

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 BARTLE WELLS ASSOCIATES

Financing • Infrastructure Improvements • Buildings, Land & Equipment • Refinancing

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 48

877.924.2732 csdafinance.net

ARCHITECTURE

LEGAL

OTHER

RESPONSIVE CREATIVE SUSTAINABLE W W W . W YA R C H . C O M

Burke provides a wide array of legal services for Special Districts throughout California. General Counsel  Transactions  Litigation Personnel  Labor Negotiations  Training Environmental Issues  Construction Works

CSDA Career Center careers.csda.net

800.333.4297  bwslaw.com LEADERSHIP

Special District Leadership Foundation

Get Recognized. www.sdlf.org

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

HUMAN RESOURCES Public CHOOSE WITH CONFIDENCE.

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

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

(916) 983-8000 dmcmurchie@mcmurchie.com

t: 916.231.2939 www.sdlf.org

California Special District – May-June 2015

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

CSDA Membership Delivers More. CSDA is proud of our ability to provide strong, respected representation of special districts at the state capitol. We’re happy to bring quality education programs to your board members and staff. And we’re delighted to be the association you trust to get timely, valuable information to your inbox as well as to your mailbox. But did you know your membership in CSDA can deliver even more to keep your agency running efficiently and effectively? We are constantly on the lookout to identify and partner with businesses that have a reputation for top-quality services, products and customer support. These businesses have agreed to offer their services tailored to CSDA members. CSDA’s Value-Added Benefits deliver cost-effective solutions to meet your agency’s needs now and in the future. It’s just one more way CSDA membership delivers more. Call Member Services at 877.924.2732 for information on any of these services:

Bank of the West – CSDA branded purchasing card program designed for special districts California CAD Solutions – Digital mapping solutions CalTRUST – Pooled investment accounts Cintas – Van-delivered first aid and safety products eCivis – Grant research and management system Employee Relations – Employment background investigations, drug testing and employee hotline services PARS – Special Districts GASB 45 Trust Program Statewide Travel Program – Discounted airfares, car rentals and other travel services U.S. Communities -– Discounted purchasing forum for office supplies, technology products and more

CSDA members have access to exclusive programs delivered by our California Special Districts Alliance Partners: • CSDA Finance Corporation – visit www.csdafinance.net for tax-exempt municipal financing • Special District Risk Management Authority (SDRMA) – visit www.sdrma.org for cost-effective Workers’ Compensation, Property & Liability and Health Coverages

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

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www.sdrma.org

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