2018 CA Special District Jan-Feb

CA SPECIAL

DISTRICT Publication of the California Special Districts Association

Volume 13, Issue 1, Jan - Feb 2018

FEATURE A Walk in the Garden: Partnering to Promote Sustainable, RiverFriendly Landscaping

INTERVIEW Little Hoover Commission Chairman Pedro Nava

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Volume 13, Issue 1 • January - February 2018

Contents

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Interview with LHC Chairman Pedro Nava Improving Oversight & Transparency

20

A Walk in the Garden: Partnering to Promote Sustainable, RiverFriendly Landscaping

4 CEO’s Message Title of article to go here 5 Professional Development 2018 CSDA District Network Workshops and Special District Leadership Foundation Scholarships 6 CSDA News CSDA Board Members, Brown Act Compliance Manual, Video Contest Winner, Changes to Board Elections, New Service for CSDA Members 8 You Ask, We Answer How should my district respond to a “mass-mail” Public Records Act Request?

24

Community Connections Shaping the Future Together: A Guide to Practical Public Engagement for Local Government

10 Ask the Experts Short-term Financing for Special Districts 12

30 Manager’s Corner Three Keys to Preventing Workplace Harassment: Training, Leadership and Accountability

Movers and Shakers

16 In Brief Long Time Director Instramental in District Projects; North Tahoe Public Utility District Hires New CFO; Inland Empire Cities, Water Districts Join Forces for Water Reliability 28 Grassroots Action Update New Year; New Laws, Public Pension Issues, CalPERS, 2018 to be a Busy Year in the Legislature

32 Legal Brief It May be Dangerous Out There, But That Does Not Mean You are Liable 34 Managing Risk New Laws in 2018 38 Money Matters Analyzing Your District’s Finances as a New Board Member

Printed on recycled paper.

California Special District – January-February 2018

CA SPECIAL

DISTRICT © 2018. California Special Districts Association.

All rights reserved.

Officers Greg Orsini, President McKinleyville Community Services District Joel Bauer, SDA, Vice President West Side Cemetery District

ceo’s message

Jeffrey Hodge, Secretary Santa Ynez Community Services District Ryan Clausnitzer, Treasurer Alameda County Mosquito Abatement District Vincent Ferrante, Past President Moss Landing Harbor District

Members of the Board Stanley Caldwell, Mt. View Sanitary District Ralph Emerson, Garberville Sanitary District Peter Kampa, SDA, Saddle Creek Community Services District Jo MacKenzie, Vista Irrigation District Elaine Magner, Pleasant Valley Recreation & Park District Noelle Mattock, El Dorado Hills Community Services District Sandi Miller, SDA, Selma Cemetery District William Nelson, Orange County Cemetery District Ginger Root, Country Club Sanitary District Timothy Ruiz, P.E., East Niles Community Services District Fred Ryness, Burney Water District Arlene Schafer, Costa Mesa Sanitary District Robert Silano, Menlo Park Fire Protection 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 Rick Wood, Finance & Administration Director Emily Cha, Professional Development Coordinator Marcus Detwiler, Legislative Assistant Rylan Gervase, Legislative Representative Dillon Gibbons, Senior Legislative Representative Vanessa Gonzales, Communications Specialist Abi Hague, Member Services Representative Colleen Haley, Public Affairs Field Coordinator Jim Harrold, Database & Online Communities Coordinator Mustafa Hessabi, Legislative Analyst Beth Hummel, Executive Assistant Steven Nascimento, Public Affairs Field Coordinator Anna Palmer, Member Services Specialist Chris Palmer, Public Affairs Field Coordinator Marina Servantez, Professional Development Assistant Tatiana Stewart, Public Affairs Specialist Cassandra Strawn, Senior Member Services Specialist Anthony Tannehill, Legislative Representative Dane Wadlé, Public Affairs Field Coordinator James Wilfong, Senior Designer For editorial inquiries, contact Vanessa Gonzales at 877.924.2732 or vanessag@csda.net.

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

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

New Year, New Website = New Benefits I’m excited to announce the launch of CSDA’s newly redesigned website at csda.net!

Of course, the new site comes with a new fresh look, but there is so much more to explore. Taking a member-first approach in design and content, the website serves as a comprehensive resource for CSDA’s members to access information important to their operations, administration, and governance.

In the Sep-Oct 2017 issue of CA Special District, I gave a sneak peek into one of the core features we were building into the new site, CSDA Communities. With the launch of the site and this new component, CSDA members now have access to be part of a vast network of their peers where staff and board members from CSDA member agencies can interact to: Get Questions Answered – on collaborative discussion boards where others with knowledge and experience in your line of work provide thoughtful insight.

Neil McCormick

now have access to hundreds of documents and resources that are just a couple of clicks away when they need them. The Knowledge Base features sample documents like policies and job descriptions; CSDA developed guides on topics like the Brown Act and Public Records Act; and an entire section on frequently asked questions covering a wide variety of topics from closed sessions and term limits to property tax allocations and gift reporting to name just a few.

There is A LOT more to the new site and we’ll be featuring components throughout the year in various ways.

In the meantime...what are you waiting for?!? Start exploring all of the new features and benefits available to you as a CSDA member at csda.net!

If you need assistance at any point, please contact Member Services at 877.924.2732.

Share Ideas – through timely and relevant discussion topics.

New website!

Connect – through peer-to-peer interactions where members can build networking and mentoring relationships with individuals in the same role, area, and/or type of district.

1. Go to csda.net.

2. Login. Username = your email address.

3. Use ‘forgot password’ feature to reset if needed.

4. Explore!

Another core feature of the new site is the Knowledge Base section where members

A proud California Special Districts Alliance partner

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Highlight

2018 District Network Workshops Fulfill both your Ethics and Sexual Harassment Prevention Training requirements from the comfort of your District Network this year!

In addition to the training program, attendees will have the unique opportunity to hear about grassroots outreach and new legislative updates from the Public Affairs Field Coordinator serving your Network. Stick around after the training to enjoy a discussion specific to your Network over lunch sponsored by the California Special Districts Alliance.

These trainings are being offered for only $25 to CSDA and SDRMA members, and $40 for all non-members. For help registering please contact Marina Servantez, professional development assistant, at marinas@csda.net.

Ethics AB 1234 Compliance Training

• CENTRAL - Fresno - February 13, 2018 • SOUTHERN - Vista - February 15, 2018 • COASTAL - Pebble Beach - February 22, 2018 • BAY AREA - Novato - March 7, 2018 • SIERRA - Sutter Creek - April 4, 2018 • NORTHERN - Susanville - April 9, 2018 Sexual Harassment Prevention Training

• SOUTHERN - Riverside - July 18, 2018 • COASTAL - Avila Beach - July 25, 2018 • NORTHERN - McKinleyville - August 6, 2018 • CENTRAL - Bakersfield - August 8, 2018 • SIERRA - Tahoe City - August 14, 2018 • BAY AREA - Novato - November 8, 2018

Special District Leadership Foundation Offers Scholarships for 2018 The Special District Leadership Foundation (SDLF) board of directors met on November 15, 2017 to review and approve scholarship funds for 2018 CSDA workshops, webinars, and events. SDLF offered over $45,000 in scholarships in 2017 to districts with budgets of under $10 million and/ or districts in disadvantaged communities. Be sure to check sdlf.org and your CSDA e-news for details and information about upcoming scholarship application deadlines for 2018 events.

California Special District – January-February 2018

February Feb. 22

WORKSHOP

Ethics AB 1234 Compliance Training, Pebble Beach

Feb. 27

WEBINAR

Understanding Board Member & District Liability

Feb. 28

WORKSHOP

The Public Records Act and Records Retention, Fountain Valley

March Mar. 6

WEBINAR

The Critical Nature of Communications

Mar. 7

WORKSHOP

Ethics AB 1234 Compliance Training, Novato

Mar. 13

WEBINAR

Required Ethics AB 1234 Compliance Training

Mar. 15

WEBINAR

Legislative Round-Up

Mar. 20

WORKSHOP

2018 SDRMA Spring Education Day, Sacramento

Save these Dates for Other Important Conferences!

SDRMA Safety / Claims Education Day March 20, 2018 - Sacramento Special Districts Legislative Days May 22 - 23, 2018 - Sacramento General Manager Leadership Summit June 24 - 26, 2018 - Lake Tahoe CSDA Annual Conference & exhibitor showcase September 24 - 27, 2018 - Indian Wells Special District Board Secretary/Clerk Conference October 21 - 23, 2018 - Lake Tahoe

CSDA NEWS 2018 CSDA executive committee and Board Members The following CSDA Board Officers were elected for the 2018 Executive Committee: President – Greg Orsini, McKinleyville Community Services District vice president – Joel Bauer, SDA, West Side Cemetery District Secretary – Jeffrey Hodge, Santa Ynez Community Services District Treasurer – Ryan Clausnitzer Alameda County Mosquito Abatement District PAST President– Vince Ferrante, Moss Landing Harbor District The 18-member board, consisting of three directors from six networks in California, is elected by mail. The remaning board members include: NORTHERN NETWORK • Ralph Emerson, Garberville Sanitary District • Greg Orsini, McKinleyville Community Services District • Fred Ryness, Burney Water District SIERRA NETWORK • Pete Kampa, SDA, Saddle Creek Community Services District • Noelle Mattock, El Dorado Hills Community Services District • Ginger Root, • Country Club Sanitary District

BAY AREA NETWORK • Stanley Caldwell, Mt. View Sanitary District • Ryan Clausnitzer, Alameda County Mosquito Abatement District • Robert Silano, Menlo Park Fire Protection District CENTRAL NETWORK • Joel Bauer, SDA, West Side Cemetery District • Sandi Miller, SDA, Selma Cemetery District • Tim Ruiz, East Niles Community Services District COASTAL NETWORK • Vincent Ferrante, Moss Landing Harbor District • Elaine Magner, Pleasant Valley Recreation and Park District • Jeff Hodge, Santa Ynez Community Services District SOUTHERN NETWORK • Jo MacKenzie, Vista Irrigation District • Bill Nelson, Orange County Cemetery District • Arlene Schafer, Costa Mesa Sanitary District If you have any questions on the CSDA Board election process please contact Beth Hummel, executive assistant, at 877.924.2732 or bethh@csda.net.

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ORDER YOUR Brown Act Compliance Manual TODAY One of the newest additions to CSDA’s collection of useful publications is a guide to understanding the Brown Act. This manual includes an overview of the Brown Act as well as guidelines and tips for complying with various meeting agenda, notice, public participation and public reporting requirements. CSDA thanks contributor Donald Davis, Esq. and the firm of Burke, Williams and Sorensen.

Visit the CSDA Bookstore online to reserve your copy.

Changes Coming to CSDA Board Elections In the next CSDA Board election, which is held during spring and summer, members will be able to place their vote electronically! In this year’s election, the next term will run from January 1, 2019 to December 31, 2021.

Nomination materials will be sent out to all CSDA voting members in February 2018 with official ballots going out in June 2018. Get ready to cast your ballot in a new and more convenient way this year!

CSDA Awards 2017 Student Video Contest Winners and Increases Youth Understanding of Special Districts The votes are in! Julio Sanchez is the winner of the CSDA’s Annual Student Video Contest for his video that shows how California’s special districts ‘Make the Difference’ in their communities. Sanchez is also the winner of the $2,000 grand-prize scholarship money.

Julio Sanchez’s video highlighted the Cosumnes Community Services District (CSD) in Elk Grove to show how special districts ‘Make the Difference’ for their communities. Julio’s winning video not only conceptualized a clear understanding of special districts, but also featured informative interviews with real special district employees, and showcased expert-level filming and post-production audiovisual techniques. A student at Cosumnes River College in Elk Grove, California, Sanchez hopes to use the prize money to help him transfer to the University of California, Los Angeles or the University of San Francisco.

The second-place winner and recipient of the $1,000 scholarship prize is a team of students from Pleasant Valley High School in Chico, Zachary Almand & Jakobie Rhodes. Almand and Rhodes featured the Chico Area Recreation and Park District in their video that challenged people to ‘get out there and play’.

Their video expertly captured beautiful footage of district facilitates, and featured community members actively engaged in district programs.

The third-place winner and recipient of the $500 prize is Jordan Chan, a student at Mission Hills High School in San Marcos whose unique video was unlike any other entry. Chan used an animated ‘host’ to creatively narrate information about various different types of special districts.

Watch all the winning videos and get information about how to get involved in the 2018 Student Video Contest at districtsmakethedifference.org/contest

California Special District – January-February 2018

New Service for CSDA Members Solar Bid Check is a new service provided

by CSDA Endorsed Affiliate, Utility Cost Management LLC (UCM). Solar Bid Check provides an independent, objective analysis of the financial calculations that solar vendors present to their customers. Now, for a limited time, CSDA member districts can receive a free Solar Bid Check analysis of any solar proposals under consideration.

Solar Bid Check’s method of analyzing solar vendors’ financial calculations was developed after UCM identified costly miscalculations and discrepancies in proposals presented to their clients. How can you ensure the calculations provided in the solar proposal you receive are accurate and meet industry standards? Call UCM at (559) 261-9230 or visit www.utilitycostmanagement.com/ solarbidcheck. Offer good through April 2018.

[You Ask, We Answer]

How should my district respond to a “mass-mail” Public Records Act Request?

S

pecial districts throughout the state often receive what appear to be a “mass” California Public Records Act (“CPRA,” Cal. Gov. Code §§ 6250 et seq.) request from a private company via mail or e-mail. These requests, from groups with names such as “American Transparency” or “Transparent California,” typically seek employee names and salary information. While receiving these CPRA requests can be frustrating, special districts are obligated to respond.

As a preliminary matter, it is important to note that if your district has developed a process with your district legal counsel to review and respond to CPRA requests, you should continue engaging your counsel for guidance on how to best respond to any CPRA request.

Any person or group, including a for-profit business, is entitled to access public records under the CPRA. This also means that access to the records is not restricted to a person or entity that lives in

the district; they can live in a different district, city, county or state and have access to district records under the CPRA. Furthermore, the purpose of the CPRA request is irrelevant, and a district cannot restrict disclosure of a public record or condition the disclosure on the requestor stating their purpose for the request. The district must comply with any CPRA request that adequately describes a record kept by the district which is not subject to an exemption from disclosure.

Most importantly, the CPRA applies to existing records. Districts are under no obligation to create a new document, fill out a checklist, or put a record into a different format. This means that a district is only obligated to make records available that are responsive to a request, not to create documents or to compile a list that otherwise does not exist.

Nonetheless, sometimes it may save the district time and money to prepare a document with the responsive information instead of providing copies of other records that are responsive but also include other private or unnecessary information that must be redacted. When a district creates a record instead of producing an existing record, it should seek guidance from legal counsel before doing so if possible, and note to the requestor that this was done as a reasonable accommodation and clarify that the district was under no obligation to do so.

Although public employees generally do not have an expectation of privacy in their names, salary

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information, and dates of employment, they are entitled to privacy rights that protect other sensitive personal information such as their home address, Social Security number, or medical or financial information. Another example where an employee’s name may be withheld is when they have a court-issued restraining order protecting them. The district must also ensure that no other exemptions from disclosure apply to the records sought, including, but not limited to: preliminary drafts, pending litigation records, certain personnel records, or records protected by the attorneyclient privilege.

Ideally, the person responding on behalf of the district will review the CPRA request, determine if any existing records are responsive to the request, review and redact the document as necessary, and then provide a copy of the request, responsive record, and draft response to the district’s legal counsel for their review and comment before responding to the requestor.

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www. P O R T E R S C O T T.com California Special District – September-October 2017

?

Ask theExperts Short-term Financing for Special Districts

By Dean Stephens, Sr. Vice President Public Finance, Umpqua Bank

Financing needs for California’s special districts are as unique as the districts themselves. From multi-million dollar infrastructure projects to small equipment purchases, identifying the appropriate financing structure for a specific need requires careful consideration as well as sound financial and legal advice.

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

If so, send your question to Vanessa Gonzales, communications specialist, at vanessag@csda.net.

When a district has a need for immediate funds to assist in cash flow, a short-term financing – with a maturity of 12 months or less – may help supply the funds without the requirement of a long-term financial commitment. Because the costs involved in a public offering can be high and difficult to justify if the period is less than 12 months, private placement of debt, usually through a bank, has become a popular alternative.

Typically, a short-term financing occurs in anticipation of collection of some type of proceeds.

This may include events such as tax collection, grant funding, bond proceeds, or other form of revenue

10

expected in the near future. Special districts can access unique financing vehicles not available to other municipal agencies, which can help streamline and simplify short-term financing opportunities.

Tax Revenue Anticipate Notes (TRAN’s), Bond Anticipation Notes (BAN’s), Tax Anticipation Notes (TAN’s), Grant Anticipation Note (GAN) and Revenue Anticipation Notes (RAN’s) are short-term financing structures. These are all contingent upon a revenue or proceed collection event. The certainty of the event provides one primary indication of risk, while the underlying financial strength of the district would be a secondary indication of risk.

LOOK!

If financial and legal advisors determine that a bank financing is appropriate, having that relationship established will make the entire process more streamlined and effective.

Most often, a short-term financing request will involve the participation of a bank partner. For example, if a district has a reliance upon some form of property tax revenue, but has a compelling reason to utilize funds prior to the collection of those revenues, a TRAN could be utilized to fund the expense. The future tax revenues would be pledged and legally committed for collection by the bank. The tax revenues to be collected in the future period would be easily determined and certainty of payment would be considered high. This can be a quick and simple funding solution in certain situations. One caveat is that borrowing in front of revenues to support operations or make hasty purchases can lead to the perception that the district cannot manage its cash flow appropriately.

This is where appropriate financial guidance is highly recommended.

historical financial performance. Any special district engaged in a bank relationship should strive to enhance this inherent transparency with a high level of communication correlating current and future performance to reported financial performance. When an agency’s business plan, objectives, and goals are aligned with ongoing financial performance, the predictability of their performance can be considered much more stable. Ongoing and transparent communication with a bank is just as important as choosing the appropriate bank.

If financial and legal advisors determine that a bank financing is appropriate, having that relationship established will make the entire process more streamlined and effective.

This article is not intended to serve as financial or legal advice. If you have further questions regarding these matters, you should consult with an attorney or financial advisor.

When managing short-term financing needs, it is crucial to have a well-established relationship with a bank that understands the public agency space and takes the time to understand what your district delivers to the local community. Even with the guidance of an advisor, positioning a bank relationship in advance of the need for bank services is a well-advised, proactive approach to ensuring all a district’s financing needs are met with maximum efficiency.

The financial reporting requirements imposed on municipal agencies provides a high level of transparency surrounding their

California Special District – January-February 2018

CSDA WEBINAR

ON-DEMAND WEBINAR Introduction to Special District Finances for New Board Members FREE to SDRMA Members $55 CSDA Members $85 Non-members Visit csda.net for more information on this and other webinars created specifically for special district staff and boards.

James Marta & Company LLP CERTIFIED PUBLIC ACCOUNTANTS

Accounting, Auditing, Tax and Consulting

SPECIAL DISTRICT FINANCIAL SERVICES

AUDIT, ACCOUNTING AND CONSULTING

We are a full-service certified public accounting firm providing financial and compliance audits, accounting services, tax and consulting services to Special Districts. We offer custom-designed web based accounting services to meet your needs. Our audit services provide an in-depth review of your financial practices by experienced professionals. Over 30-years of experience with Special Districts.

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MOVERS & SHAKERS

movers and shakers Does your district have an individual recently appointed to 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 these movers and shakers to Vanessa Gonzales, communications specialist, at vanessag@csda.net and we could include them in our next issue!

The Fallbrook Regional Health District (FRHD) recently received the President’s Special Acknowledgement Award from the Special District Risk Management Authority to formally acknowledge the dedicated efforts of the FRHD’s governing body, management and staff towards proactive risk management and loss prevention training.

The Menlo Park Fire Protection District this week swore in Robert Jones, the first African-American to its governing board in its 101-year history.

Brian Helmick was appointed to the permanent position of Fire Chief for the East Contra Costa Fire Protection District.

Two Chino Valley Fire District firefighter/paramedics are being awarded a Medal of Valor for their actions during the Route 91 Harvest Country Music Festival in Las Vegas.

Jeff Heringer and Brett Mattson were among the 20,000 concertgoers attending the festival when a gunman opened fire. Heringer led several people to a safe shelter then went back to help two injured people get to safety. Mattson helped evacuate several severely injured people and direct others to safety.

The Camarillo Health Care District’s Wellness & Caregiver Center of Ventura County (Caregiver Center) is the national winner of the prestigious 2017 Rosalynn Carter Leadership in Caregiving Award.

The Cambria Community Services District board swore in Aaron Wharton as their newest Board Director.

The Western Municipal Water District received six top honors from the Public Relations Society of America-Inland Empire Chapter (PRSA-IE) for its efforts demonstrating an ongoing commitment to transparency and excellence in public-sector communications programs and projects. In addition, Craig Miller, a seasoned public-sector leader, has been appointed as the next General Manager by Western Municipal Water District’s Board of Directors.

The Moraga-Orinda Fire District board selected Dave Winnacker as the sixth fire chief in the history of the district. Winnacker, who was chosen unanimously last November by the board members, joins the district from the Alameda County Fire Department, where he was Division Chief of Special Operations.

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The Cucamonga Valley Water District (CVWD) is the recipient of the American Water Works Association’s 2017 Outstanding Energy Management Award for exceptional energy management in the operation of a water treatment and distribution system. Additionally, Southern California Edison and The Climate Registry presented their 2017 Cool Planet Award to CVWD for leadership in energy and carbon management.

The Vista Irrigation District has been presented with the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR) for fiscal year ending June 30, 2016.

“We have a great personal relationship with Umpqua, and that is absolutely in alignment with who we are and how we do business.”

TERESA MURRAY Photo: Christine Alward

Chief Executive Director Sacramento Regional Fire/EMS Communications Center (SRFECC)

THE POWER OF PARTNERSHIP When the SRFECC met Umpqua, they weren’t looking for a new bank. But Umpqua’s collaborative approach and unwavering dedication to go above and beyond was exactly what had been missing. A natural partnership was formed and a custom collection of products and solutions were selected for the SRFECC’s unique financial needs.

This successful partnership with Teresa Murray and the SRFECC is one of many. Umpqua combines high-level expertise in the public finance industry with outstanding customer service you can rely on.

Umpqua is right there with you, helping you grow every step of the way.

It all starts with a conversation, so let’s see what we can build together.

Vanessa Ryan Commercial Banking Relationship Manager 916-724-1214 vanessaryan@umpquabank.com

Member FDIC Equal Housing Lender

SBA Preferred Lender

Trevor Mael Commercial Banking Relationship Manager 916-774-3921 trevormael@umpquabank.com

Dean Stephens Commercial Banking Manager 916-774-3937 deanstephens@umpquabank.com

CBC17.437

In Brief

Dedicated Transit Lane Finished On Bancroft Way In Berkeley The Alameda-Contra Costa Transit District and the city of Berkeley announced the completion of a dedicated public transitonly lane on Bancroft Way in Berkeley, which they say is the first such lane in the East Bay. Bus agency and Berkeley officials said the three-block-long transitonly lane, known as the Bancroft West Pilot, is the curbside lane on northbound Bancroft Way between Dana and Fulton streets. The lane is painted red so that it will be a strong visual cue for motorists and cyclists to avoid traveling in the lane.

Berkeley officials said the Bancroft West Pilot is the first phase in a series of streets and infrastructure improvements under development by the city. The transit-only lane on Bancroft Way is designed to make AC Transit service through the southside of the University of California at Berkeley faster and more reliable for riders. As part of the project, a fully protected two-way cycle track, aimed at improving bicyclist safety to the south side of the university as well as to its main campus, will operate on the reverse side of the street and run parallel to the designated public transitonly lane. “The transit-only lane embodies

the city of Berkeley’s Complete Streets Policy,” Berkeley Mayor Jesse Arreguin said in a statement. Arreguin said, “This pilot transit-only lane incorporates thoughtful design and considerable public input, including from local businesses and leaders in accessible bikeways and streets.” The mayor said, “The cost of installation is minimal but the lane’s safety benefit to Berkeley’s pedestrians, cyclist, seniors and motorists is immeasurable.”

Berkeley officials said Bancroft West is the first part of a three-phase project which will represent more than $6 million in infrastructure improvements for the city.

The first-ever designated transit-only lane will narrow Bancroft Way to two lanes of travel for cars with the ultimate goal of controlling speed. AC Transit Board of Directors President Elsa Ortiz said, “Red transit-only lanes were piloted in San Francisco several years ago and resulted in a travel time improvement of up to 27 percent for their public transit system.”

Ortiz said, “AC Transit is hoping to mirror that reliability for the 10,000 trips our riders take within the southside area.”

The Bancroft West pilot also includes other safety improvements, including upright delineators that separate motorists from an all-new green high-visibility track, new crosswalks at major intersections and the middle of blocks and new placements for bus stops. The idea is to facilitate the safer movement of pedestrians, motorists, cyclists and buses on Bancroft Way, AC Transit and Berkeley officials said. The pilot project will cause minor alterations to street parking and slight alterations to AC Transit bus stops.

Sources: Bay City News; Image via AC Transit, The Almanac, Times Standard News

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Three off-duty First responders build ramp for disabled teen A group of off-duty first responders built a ramp for a teen girl in a wheelchair after responding to a medical call and seeing that the ramp she had at her home was unsafe.

NBC San Diego reported that the 18-year-old Kassie, who has Spina bifida, had a hard time getting out of her home because the ramp was in disrepair. “It was difficult to get the gurney up it,” Lakeside Fire District firefighter-paramedic Marc Poynter said. “It also did not have any handrails and she could not get down it without assistance.” After learning the family could not afford to fix the ramp, Captain Chuck Palmore, Engineer Robert Williams and Poynter raised money to buy the materials and constructed a new ramp in a few days. The new ramp allows Kassie to get down by herself thanks to the handrails, and the family thanked the crew for their act of kindness. “We saw a family that needed some help,” Poynter said. “We wanted to do everything we could.”

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 Todd Winslow, publications director at toddw@csda.net or (877) 924-2732.

District Working With Landowners On Salt River Project The Humboldt County Resource Conservation District is currently working with landowners to excavate and restore an additional 1.5 miles of the Salt River channel in the year ahead. This year’s phase of the $34 million total project aims to reduce flooding impact and restore wildlife habitat along a portion of the Salt River from where work ended last year near Arlynda Corners north of Ferndale to where the river crosses under the state Route 211 bridge.

Last year saw a portion of Salt River and Francis Creek restored after some initial resistance from landowners. But Humboldt County Resource Conservation District executive director Jill Demers said she doesn’t think this phase will be as difficult to get landowners to sign off on because there are much fewer landowners in this area than lower along the river.

“There are two landowners in the footprint” she said. The end goal of the conservation district’s Salt

River Restoration Project is to restore wildlife habitat, reduce flooding and improve agricultural benefits along a 7-mile stretch of the Salt River and 330 acres of tidal marsh, Demers said. Ferndale Mayor Don Hindley said the excavation and restoration work already done on 5 miles of the river have had beneficial results.

“We don’t get flooding water into the sewer pond. That saves us a lot of money in fines,” Hindley said. He said the city’s wastewater treatment plant is right next to the Salt River and used to flood when the rains came. “With the connection of Francis Creek to Salt River, it gives us the opportunity to reduce flooding in Francis Creek,” Hindley said. He said he’s pleased with how the project’s progress so far and that he’d like to see it go even further.

“We’re hoping that once that is completed we can go up Williams Creek because Williams Creek has terrible flooding,” Hindley said. First District Humboldt County Supervisor Rex Bohn said the project made tremendous strides last year.

“It has gone really well and I look forward to the progress we’ll make in the next two years,” he said. Demurs said there’s still about 2.5 miles of the river channel that must be dredged of sediment to increase flow capacity then restored. “We have not that much Salt River left to go,” she said.

Demurs estimates about 50,000 cubic yards of sediment will be removed from the channel this year. “We try to reuse it as close to the removal site as possible,” she said. “ ... It is good sediment, the landowners use it agronomically.”

California Special District – January-February 2018

New Trail Opens In La Honda Creek Open Space Preserve A new six-mile trail is open through the southwest portion of the La Honda Creek Open Space Preserve, a 6,100-acre sanctuary on the western slope of the Santa Cruz Mountains that includes grasslands, forests and some cattle ranching. The trail, free and open to hikers and equestrians, is actually two trails the Herrington Creek Trail and the Folger Ranch Loop Trail. At the trailhead at 900 Sears Ranch Road are a restroom and a 22-space parking lot, said Cydney Bieber of the Midpeninsula Regional Open Space District.

The new trails provide panoramic views of some 3,200 acres heretofore unseen by the public, Ms. Bieber said. The trails are dotted with interpretive signs about nature and local history. Equestrian access is by permit only with horse-trailer parking at the Event Center about two miles west of the intersection of Sears Ranch Road and state Highway 84. The Folger Ranch trail will be closed after the winter’s first heavy rain, Ms. Bieber said.

The preserve is open daily from sunrise to sunset.

The district spent $1.2 million on the new trails, with funding from Measure AA, a $300 million bond measure approved by district voters in 2014. The project included rehabilitating ponds to provide water for cattle and for the breeding of California red-legged frogs, a threatened species.

The district also removed invasive plant species and repaired roads to keep sediment out of creeks.

Hikers and equestrians may see cattle grazing at the preserve, an example of ranching traditions co-existing with recreational activities. This is the second open space district area to allow cattle and, since it is a working ranch, visitors must stay on the trails. The upper portion of the preserve – the Allen Road entrance – has been open to visitors with a permit. Trails through the central area of the preserve are in the district’s plans, with a tentative opening in 2020, Ms. Bieber said. The long term plan includes a system of 30 miles of trails, including connections to neighboring preserves.

Improving Oversight & Transparency Interview with Little Hoover Commission Chairman Pedro Nava The Little Hoover Commission (LHC) published its report Special Districts: Improving Oversight & Transparency in August 2017. In the report, the LHC calls for special district reforms and recommends several measures to strengthen oversight of California’s independent special districts.

Six of those recommendations are related to the urgency of climate change adaption and the front-line roles that special districts play in preparing their communities.

California Special District talked to the LHC’s Chairman Pedro Nava about those front-lines roles for climate change adaptation and recommendations for California’s special districts.

The full report and list of recommendations can be found online at: www.lhc.ca.gov/report/special-districtsimproving-oversight-transparency When conducting its review on special districts, what led the LHC to pivot and focus so specifically on climate change adaptation, going so far as to place six of its 20 recommendations under this topic?

Assembly Member Rich Gordon

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As the Commission delved into this topic and looked at the data, it became clear that special districts play a crucial role in climate change adaptation. They are on the front lines for both planning for change and for educating their constituents. This was most apparent for the special districts that manage water – the wastewater treatment and flood control districts. More than anything, we were aware of the urgency of the need for action. That guided our recommendations.

The focus on “water” based special districts makes the most sense given the dramatic changes we can expect due to climate change and the drought. Lessons learned there can serve as a guide to other special districts.

As stated in the report, “Most special districts, especially the legions of small districts throughout California, have their hands full meeting their daily responsibilities. Many have few resources and little staff time to consider long-range issues, particularly those with the heavy uncertainty of climate change adaptation.” Considering the large number of small special districts throughout the state with limited budgets and resources, do you think that they should be penalized if they cannot afford to prioritize potential legislative requirements for climate change adaptations?

I don’t believe you can ask someone to assume the responsibilities associated with an issue such as climate change adaptation without providing resources necessary to accomplish the goals desired. It’s not fair and leaves special districts vulnerable to criticism.

One of the LHC recommendations calls on special districts to “step up public engagement on climate adaptation, and inform and support people and businesses to take actions that increase their individual and community-wide defenses.” What advice do you have or informational tools do you recommend for special districts in communities where climate change is a hot-button issue and where residents may not recognize the need for adaptation?

Special districts must “tell their story”. Their story is best explained by focusing on people, families, children who receive special district services so that it becomes personal. Often reporting requirements call for numbers, tables and graphs.

While helpful, those kinds of tools leave much unexplained and abstract. Focus on the people and how their lives have been made better.

Continued on page 18

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California Special District – January-February 2018

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Interview with Pedro Nava [continued] Another LHC recommendation asks special districts to engage with the Climate Adaptation and Resilience Program, as well as California’s Fourth Assessment of climate threats. Why is it important for special districts to be at the table?

Such a cliché, but informative–if you aren’t at the table, you are the menu. Special districts are the “boots on the ground” that will build the responses, the solutions to the changes in climate. Special districts are the neighborhoods where changes will be felt and are in the best position to do the work necessary.

During the October 2016 LHC hearing, witnesses discussed the fact that State agencies are enforcing regulatory standards for environmental conditions that may no longer naturally exist due to a changing climate. What are your thoughts on the idea of “adaptable baselines” recommended by the LHC? One answer is to insist that the directions provided by the agencies are based on solid science so that what is being asked to be done is predicated on a scientific reality, including projecting into the future so that responses take into account the best estimate of what the changed circumstances will look like.

The report primarily focuses on efforts by water, wastewater, and flood control districts. Why was that? Was there consideration given also to fire protection districts, irrigation districts and utility districts providing electricity, resource conservation districts, transit districts, open space districts, and others – all of which would also have a role in addressing climate change recommendations through their services?

The focus on “water” based special districts makes the most sense given the dramatic changes we can expect due to climate change and the drought. Lessons learned there can serve as a guide to other special districts.

Special districts are designed to meet the needs of a community or region in an efficient, effective, and sustainable manner by focusing or “specializing” on a specific service and connecting that service specialization with governance authority and revenue authority.

After a year-long review, did you find this to hold true?

One can always do better. Striving to improve ensures no one becomes complacent and “dials it in” when providing services to constituents. I believe that local responsibility and accountability are powerful means by which to meet the community’s needs.

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A Walk in the Garden:

Partnering to Promote Sustainable, River-Friendly Landscaping

By Greg Bundesen, Sacramento Suburban Water District

This past year, Sacramento Suburban Water District in partnership with the Fulton-El Camino Recreation and Park District opened the Gardens at Howe Park, transforming an underutilized strip of patchy lawn into a series of educational water-efficient gardens.

This effort demonstrates how special districts working together can create innovative solutions that not only address immediate challenges, but can yield long-term customer and community benefits.

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Customers, including the Park District, went above and beyond to conserve, with many taking extraordinary actions like not watering their lawn and creating water-efficient landscapes.

In 2015, Sacramento Suburban Water District (SSWD) and the Fulton-El Camino Recreation and Park District (FEC) began discussions about utility easements SSWD requested for new pipelines that would run through portions of Howe and other parks managed by FEC. As discussions progressed, an idea was proposed, deliberated over several months and finally approved by the boards of directors of both organizations: FEC would grant the easement at no cost to SSWD and, in exchange, SSWD would fund the transformation of a section of Howe Park into an educational water-wise garden.

The agreement not only provided the easements SSWD needed at no added cost to ratepayers, it would also provide permanent recreational and learning opportunities, fulfilling SSWD’s mission of providing a reliable water supply and FEC’s mission of providing recreational and learning opportunities.

SSWD had experience with creating and developing demonstration gardens, having created its first garden, the Antelope Water Efficient Landscape Garden, in 1998. This two-acre garden features a variety of native and lowwater plants, high-efficiency irrigation systems, and signage describing all of its elements. It is a popular destination and available for weddings and other events.

The park transformation was made even more important and timely given the historic drought gripping California at the time. During the drought emergency, the State Water Resources Control Board tasked SSWD with meeting one of the highest water savings targets in California - 32 percent.

Customers, including FEC, went above and beyond to conserve, with many

California Special District – January-February 2018

taking actions like not watering their lawn and creating waterefficient landscapes.

The Gardens at Howe Park was an important part of the path forward, looking beyond the drought emergency.

Included in this transformation was an added bonus, a series of workshops funded by SSWD and hosted by FEC at their Howe Park office to teach customers about sustainable landscaping techniques. EcoLandscape California, a Sacramentobased non-profit organization dedicated to educating and advocating for ecologicallyresponsible landscapes, taught the workshops. SSWD had a previous relationship with EcoLandscape, as one of their founders, Cheryl Buckwalter, was heavily involved in the development of SSWD’s Antelope Gardens. EcoLandscape agreed to provide landscape training workshops for SSWD customers. Workshop participants were attracted by a desire to learn more about sustainable landscape practices and make a positive difference in their community.

Continued on page 22

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Doing More with Less [continued] Each of the gardens includes informational signage identifying the plants used and all of the landscape’s water-efficient features.

The end results surpassed expectations.

The Gardens at Howe Park turned a neglected area of lawn into a series of educational gardens that will reduce water use by over 178,000 gallons annually.

And by including workshops as part of this effort, the districts created a teaching moment that will inspire the community for years to come.

Kathy Sawyer, one of the participants, said “she didn’t know how to plant a blessed thing.” When she and her mother saw the workshop ad, “we were so excited to have an opportunity to work together find out how to make over the yard.”

The workshop featured three, twohour evening classes and two handson training days at the garden. The main focus was to introduce and raise awareness about River-Friendly Landscaping (RFL), an integrated approach to landscape design that focuses on conserving and protecting natural resources.

The evening classes provided an introduction to the principles of RFL and covered designing and implementing efficient irrigation, the basics of soil science, fertilizer use, integrated pest management, and landscape design.

In the hands-on classes conducted in the gardens, participants were taught how to sheet mulch, design and layout a drip irrigation system, read and use a landscape design plan, how to plant plants properly, and adjust irrigation emitter placements to ensure healthy growth.

The efforts of the workshop participants helped to create a truly unique project: four, state-of-the-art, low-water use

demonstration landscapes, including: • Sensible Switchover - featuring a layout similar to most Sacramento area yards, but with low-water plants and lowmaintenance solutions.

• Wilder Wonders - a less structured garden filled with color and texture, designed to provide food and shelter for birds, butterflies, and bees.

• Water Works - a rain garden that demonstrates how plants take in, filter, and hold water in the soil.

• Effortless Edibles - highlighting lowwater edibles and aromatics.

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“We are two special districts with very different purposes and with one shared goal - satisfying the needs of the communities we serve,” said FEC General Manager Mike Grace. “This demonstration garden is a beautiful addition to Howe Park.

“This in-and-of-itself provides great worth.

However, the real value is in the education opportunity it provides. Not only will our residents take advantage of this garden but all visitors from near and far will take the information back home with them to beautify their own homes and save millions of gallons of water in the process.”

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California Special Districts Alliance

Wikipedia defines “alliance” as a relationship among people or groups joined together for mutual benefit or to achieve some common purpose. The California Special Districts Alliance is just that – a partnership forged to provide special districts with a one-stop resource for their training, financing, and risk management needs.

The Alliance partners - CSDA, CSDA Finance Corporation, and SDRMA – collaborate on special projects and professional development opportunities designed to help members better serve their communities. In response to the demand for valuable education provided regionally, the Alliance is hosting 12 workshops throughout the state.

California Special District – January-February 2018

Ethics AB 1234 Compliance trainings and Harassment Prevention workshops are being offered in each of the six District Networks, from Humboldt to San Diego County.

See page 6 for details.

[Community Connections]

Shaping the Future Together: A Guide to Practical Public Engagement for Local Government

By Sarah Rubin, public engagement program directorr, Institute for Local Government

The Institute for Local Government (ILG) has developed a framework any special district can use to plan and execute their public engagement efforts. The TIERS Framework supports special district officials and staff as they look to use deliberative planning to execute better public engagement activities.

ILG also provides individualized coaching and training on this Framework through the TIERS Learning Lab.

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8 Ways Special Districts Can Benefit from Public Engagement: • Better understanding of the public’s values, beliefs and priorities • More informed residents • Improved special district decision-making • More community buy-in and support, with less contentiousness • More civil discussion and decision making • Faster project implementation with less need to revisit again • More trust in each other and in local government • Higher rates of community participation and leadership development

TIERS Public Engagement Framework for Local Governments contains five ‘pillars’: Think, Initiate, Engage, Review and Shift. Each pillar provides step-by-step directions and companion resources to build and execute a thorough public engagement plan.

TIERS Public Engagement Framework The TIERS Public Engagement Framework for Local Governments contains five ‘pillars’: Think, Initiate, Engage, Review and Shift.

Each pillar provides step-by-step directions and companion resources to build and execute a thorough public engagement plan.

THINK The first pillar, Think, walks through the initial planning stages of a public engagement effort. This includes conducting a selfassessment, considering the appropriate public engagement approach and building connections within your community.

• Learn to utilize the TIERS Framework to successfully plan and implement public engagement – whether it is a one-time event or an ongoing, holistic approach.

• Discuss strategies to overcome a wide variety of barriers and challenges often seen in public engagement work.

• Work through a relevant, local public engagement example to better understand resource related choices (e.g., staffing, money, time).

• Connect with other special districts, cities and counties in the region to provide mutual support for successful public engagement efforts.

• Benefit from customized technical assistance and coaching before, during and after the Learning Lab.

INITIATE In the Initiate pillar, special districts begin to develop their public engagement approach and outreach plan. It is important to consider a mix of in person and online activities to ensure representation from target audiences.

Continued on page 26

PREVAILING WAGE &

ENGAGE In the Engage pillar, special districts implement the outreach plan, prioritizing outreach and implement the public engagement plan, ensuring roles are clear and adjusting as appropriate. It is important to consider potential internal, organizational and external challenges that may arise.

REVIEW After conducting a public engagement effort, it is imperative to review the effort. Begin by evaluating the public engagement approach and outreach plan considering what worked, what could have been better and what, if any, training is needed to improve.

This is also a time to reflect on the barriers that you faced and share lessons learned with others in your special district.

SHIFT The final pillar, Shift, encourages organizational changes that the agency believes would help it succeed, shifts in external relations and the implementation of public engagement related policies or resolutions.

TIERS Learning Lab The TIERS Learning Lab is a training and coaching program for local government teams of two to five individuals. In the TIERS Learning Lab, special district officials and staff will:

California Special District – January-February 2018

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Community Connections [continued] newfound confidence in handling the public communication process.”

- Otis Greer, Director of Legislative and Public Affairs, San Bernardino County Transportation Authority

ILG will be holding a TIERS Learning Lab in March 2018 in Sacramento. To learn more and access the full framework, visit ca-ilg.org/TIERS or contact publicengagement@ca-ilg.org.

Special Districts Share Their Experiences from the TIERS Learning Lab In addition to customized coaching and training on public engagement best practices and techniques, the TIERS Learning Lab is designed to provide peer-to-peer learning and team building opportunities.

“Attending TIERS was a great learning experience for the San Joaquin Regional Transit District (RTD) team. The training helped us understand why our traditional methods of public outreach were not as effective as we hoped, and it provided insight into how we could enhance those efforts in the future.

Spending time together as a team was helpful, and the exercises and tools presented were enlightening.

The methods we learned at TIERS have already changed our public engagement process. Using many specific techniques that we learned and working as a team, RTD increased our annual Unmet Transit

Needs responses from 12 last year to over 1,350 this year!” - Donna DeMartino, Chief Executive Officer, San Joaquin Regional Transit District In 2015, ILG conducted a survey of local government officials and staff.

Participants identified a number of challenges including: • Always same people who participate • Lack of staff and/or financial resources • Those who participate are political extreme compared to community • Residents aren’t adequately informed about issues • Lack of time • Lack of procedures for assessing and learning from PE experiences • Lack of knowledge on best practice “TIERS is the much-needed answer to many of the problems we have encountered in the public engagement process. The TIERS techniques, thought process, and structured approach to stepping back, planning, and learning how to work as a team are exceptionally useful and practical. TIERS provided our entire team with a

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Even with the best of intentions to encourage broad participation, often only a relatively small number of community members actually take part in public conversations and forums.

A failure to involve a cross-section of residents limits the effectiveness of public engagement efforts and negatively impacts the breadth and quality of ideas contributed. It can also reduce community support for final decisions.

“The TIERS structure provided Fallbrook Regional Health District the tools we needed to launch our community engagement activities prior to the selling of the hospital. I was able to be proactive to help us get the word out and be in control of our message. We are looking forward to using this effective structure again as the District anticipates the purchase of land for a Wellness Center, ‘Health Under One Roof’.”

– Bobbi Palmer, Executive Director, Fallbrook Regional Health District

Your Community. Your Services. Your District!

We are happy to announce the launch of our new public outreach campaign, Districts Make the Difference.

This campaign is centered on the concept that special districts go beyond providing important services to their communities. They make a difference in the lives of their residents and help our state thrive. The goal is to bridge the gap between special districts and the essential services that millions of Californians value.

The first step is to visit DistrictsMaketheDifference.org. This new website features a simple-to-use toolkit filled with public awareness videos, web banners, posters, factsheets, and other materials that can be easily downloaded.

Follow, like, subscribe, share!

MAKE THE

DistrictsMaketheDifference.org California Special District – January-February 2018

DistrictsMaketheDifference.org

update

The Legislature

CSDA anticipates a significant amount of legislative activity in 2018 surrounding public pensions. There are currently two bills to amend the State Constitution to require a public vote at the local level to allow public entities to provide defined benefit pensions (ACA 15, SCA 10), and there is a joint hearing scheduled for January 10th for the State Senate and Assembly committees that handle public pensions entitled, “How California’s Public Pension Funds Support California Values While Fulfilling Their Fiduciary Obligations.”

New Year; New Laws

CalPERS

Each year, the California State Legislature passes so many laws, it seems as if there is barely time to read them all. CSDA is here to help!

At the December CalPERS Board meeting the Board completed the Asset Liability Management (ALM) cycle by adopting “Portfolio Candidate C” of four potential portfolio options. Portfolio C has an asset mix that is projected to yield a 30year blended rate of return of 7 percent.

This matches the discount rate the Board adopted in 2016 (to be phased in over several years) and will not result in a further reduction in the discount rate.

Therefore, based on the 2016 Board actions, the current discount rate of 7.5 percent is scheduled to be reduced slowly, referred to as “smoothing,” with the final impacts taking effect in 2025.

We’ve read through all the bills so you don’t have to. In fact, CSDA partnered with our business affiliates, who are experts in the subject matter, to bring you in-depth analyses on legislation that was passed in 2017 and how it will impact special districts moving forward. To read all the articles in our New Laws of 2018 Series, visit csda.net.

This hearing will look at investment and divestment policies and the impacts divestment has had on public pension funds.

CSDA will continue to be actively involved on all fronts related to public pensions and we encourage you to do the same. If you have a background in public pensions, please consider participating on CSDA’s CalPERS Working Group where you can share your knowledge to help craft a stronger public pension system for all special districts. Visit csda.net.

CSDA Stays Active on Public Pension Issues

Much like 2017, we can expect public employee defined benefit pensions to be a major topic of discussion and action in 2018. The California Public Employees’ Retirement System (CalPERS) is expecting a busy year and they may be looking at some major strategic adjustments.

Additionally, the Legislature will likely be introducing a myriad of bills to address pension shortfalls for employees of public agencies.

Take Action Make every day an opportunity to increase awareness and understanding of special district by participating in our SEASONS OF ADVOCACY. SPRING • Attend Special Districts Legislative Days • Respond to CSDA “Calls to Action” on priority legislation • Download materials for the Districts Make the Difference outreach campaign by visiting www.districtsmakethedifference.org

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[Manager’s Corner]

Three Keys to Preventing Workplace Harassment: Training, Leadership and Accountability

By Traci I. Park and Kelly A. Trainer, Burke, Williams & Sorensen, LLP

As

we look back at 2017 and prepare for the challenges of the year ahead, we cannot escape the fact that sexual harassment claims are on the rise, and more victims continue to come forward. #MeToo was used in more than 12 million posts on Facebook and tweeted nearly a million times in 48 hours. The Silence Breakers were Time magazine’s Person of the Year for 2017, eliminating the stigma associated with making harassment claims. Over 140 women working in California politics penned an open letter complaining about a culture of sexual harassment in Sacramento. Racketeering class actions based on ignoring complaints of sexual harassment are now breaking new legal ground. The political, legal, and economic fallout from workplace harassment allegations cannot be overstated.

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Training In addition to having a strictly-enforced zero tolerance policy against workplace harassment, top to bottom training for all employees is absolutely essential for preventing and defending against such claims. California has long mandated harassment prevention training for all managers and supervisors every two years, and, as of January 1, 2017, California law also requires training for local agency officials, including those serving special districts, every two years, if the agency compensates any of its officials.

Is basic harassment training really enough? Not really.

As the current climate demonstrates, compliance with minimum training mandates is probably not sufficient to prevent harassment or to protect employees or your District from claims. Although not legally required, every

It’s time to consider diversifying training for your District and working to create a workplace culture that rejects harassment.

Teaching employees what they should do instead of just about what they shouldn’t do is important.

employee, manager, and agency official (paid or not) should participate in regular, interactive, and impactful training. Mindlessly clicking through routine online training (that probably focuses on the private sector) or suffering through a mandatory seminar where attendees play on their cell phones can be insufficient to get the message across. Infrequent, outdated, and poorly designed training simply doesn’t work.

Indeed, according to the EEOC’s Select Task Force on the Study of Harassment in the Workplace, in order to achieve maximum

effectiveness, training “should be conducted by qualified, live, and interactive trainers.” The report also found that when live training is not possible, online or video-based training should be tailored to specific workplaces and workforces, and should include active engagement of the employees.

to be your District’s front line of defense. This could include topics such as conflict management, legal basics, creating workplace documentation, or effective evaluation practices.

It’s time to consider diversifying training for your District and working to create a workplace culture that rejects harassment. Teaching employees what they should do instead of just about what they shouldn’t do is important. For example, consider filling the gap by supplementing traditional harassment training with discussions about civility and respectful behavior, and the value of inclusion and diversity. It’s also important to include training for supervisors on how to effectively supervise, and to provide them with the tools necessary

Leadership

California Special District – January-February 2018

The role of leadership in preventing harassment cannot be overstated. Research shows that when organizational leadership attends and endorses the training, employees take away more from the experience. Leaders must Continued on page 42

Legal Brief so. The good news is that the law recognizes this reality.

Public agencies are treated differently than private entities when it comes to injuries which occur because of a condition of property. Unlike private entities, a public agency can only be held liable if certain very specific conditions are met. The rules are generally found in Government Code sections 830 and 835.

Under those rules, a public entity is liable for injuries caused by a “dangerous condition” if: • a dangerous condition existed at the time of the injury, • the dangerous condition was the cause of the injury, • the risk of injury was foreseeable, and • either the public entity created the condition or it had actual or constructive notice of the dangerous condition.

It May be Dangerous Out There, But That Does Not Mean You are Liable

By Carl Fessenden, Shareholder, Porter Scott Special districts serve an important public function by providing services tailored to meet the community’s specific needs. Special districts will often own or control real property in order to fulfill their function, be it airports, parks, or anything in between. It is that ownership or control that could make them potentially liable for injuries that occur on the property.

For many administrators of special districts, the words “dangerous condition” will undoubtedly conjure memories of sidewalk displacements or jungle gym hijinks, and frustration over the ensuing legal fees.

Substantial human and monetary resources are often expended dealing with injury claims by users of your property. But, by understanding the law, such claims are manageable and the exposure can be limited.

It is impossible for any public agency to eliminate all danger users of its property may face. There simply is not enough time, resources, or workers available to do

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Dangerous condition is uniquely defined as a condition of public property that creates a “substantial risk of injury” to members of the public when the property is used with “due care” and in a reasonably foreseeable manner. Whether a condition creates a “substantial” risk of injury when used with “due care” has been the subject of legal debate. In addition to your typical sidewalk crack case, a dangerous condition has been found where a city failed to exercise reasonable diligence in making inspections to discover that pressure was built up in a terra cotta sewage line, which caused damage to cars on an overpass.1 As is clear in the definition of a dangerous condition, the user has a responsibility to protect him or herself from injury. The law understands that if a reasonable person would have been able to avoid injury by using due care, then the public agency should not be liable for that person’s indiscretion. As an example, a child riding a bicycle down a steep hill was not considered reasonable care, therefore the condition was not “dangerous” as defined in the law.2 The reasonableness of the actions taken by the public entity will also determine if a dangerous condition exists or if they should be liable for injuries caused by such a condition. Specifically, under Government Code section

835.4, a public entity is not liable for damage from a dangerous condition if the act or omission that created the condition was reasonable, or if the action the entity took or failed to take to protect against the risk was reasonable.

This reasonableness can be determined by weighing the gravity of potential injury against the practicability and cost of protecting against the risk of injury.

As an example, a court found that a city’s decision not to upgrade its storm drain system was reasonable and the city was not liable for the damage caused by flooding.3 The court weighed both the probability and gravity of the potential injury against the cost to repair of the system. In that case, the storm drain had only caused “nuisance” flooding of water less than two feet. In contrast, it would have cost the city nearly $22 million to repair the storm drain system. While this is an extreme example, it highlights how costs of repair or remediation factor into determining whether liability may exist.

In those cases where the public entity did not create the condition, there can be no liability unless the public entity was on notice of the condition. Notice can take two forms, actual and constructive.

Actual notice is where a public entity has been informed or witnessed the dangerous condition. Constructive notice exists when a public entity should have known of the dangerous condition.

Whether a dangerous condition was obvious and whether it existed for a sufficient period of time are “threshold elements” to establish a claim for constructive notice.4 Evidence that could demonstrate constructive notice are whether a “reasonably adequate inspection system” would have informed the public entity and whether the public entity maintained and operated this inspection system with “due care.”5 Often, budgetary constraints result in the agency not having a person doing inspections of its property. However, even if such a person is not on staff, the

California Special District – January-February 2018

agency should have a policy that states all employees should report dangerous conditions they encounter as part of their job duties, and that reported problems (even if from the public) are addressed in a timely manner.

A public entity may be liable for conditions of adjacent properties.

Specifically, a public entity’s property may be considered a dangerous condition if an adjacent property exposes those using the public property to a substantial risk of injury.6 This is best demonstrated where a public entity is liable for injuries caused by motor vehicle accidents where the motorist’s view was obstructed by objects on property located adjacent to the public entity’s property.7 There are also numerous immunities that protect a public entity from claims relating to the condition of its property.

If the immunity applies, it will act as a complete bar to the lawsuit. The more typical immunities relating to conditions of property include: design immunity; immunity for failure to provide traffic signals, signs and markings; immunity for

injury caused by effect of weather condition on streets; immunity for injury caused by a natural condition of unimproved property; immunity for injury caused on an unpaved access road or trail; and immunity for injuries caused by hazardous recreational activities.

In the end, there is no way to completely prevent lawsuits relating to a condition of your agency’s property. However, you can minimize the exposure by being aware of conditions of your property, addressing potential dangerous conditions in a timely manner, and knowing the law.

Carl Fessenden specializes in representing public entities. He is a Shareholder at Porter Scott and can be reached at cfessenden@porterscott.com.

1. McAtee v. City of Marysville, 111 Cal. App. 2d 507, 513, 244 P.2d 936, 939 (1952) 2. Mathews v. City of Cerritos, 2 Cal. App. 4th 1380, 1385 (1992) 3. Biron v. City of Redding, 225 Cal. App. 4th 1264, 1281 (2014) 4. Heskel v. City of San Diego, 227 Cal. App. 4th 313, 317 (2014) 5. Ibid.

6. Carson v. Facilities Dev. Co., 36 Cal. 3d 830, 841 (1984) 7. Ibid.

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New Laws in 2018

In

preparation for 2018, below is a partial list of new laws affecting public agencies throughout California.

New Parent Leave Act SB 63 This bill would prohibit an employer, as defined, from refusing to allow an employee with more than 12 months of service with the employer, who has at least 1,250 hours of service with the employer during the previous 12-month period, and who works at a worksite in which the employer employs at least 20 employees within 75 miles, to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. The bill would also prohibit an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes this leave.

The bill would allow the employer to recover coverage costs under specific circumstances. The bill would provide that it would not apply to an employee who is subject to both specified state law regarding family care and medical leave, and the federal Family and Medical Leave Act of 1993. Under the bill, if the employer employs both parents and they are entitled to leave pursuant to this bill for the same birth, adoption, or foster care placement, the parents’ mandated parental leave would be capped at the amount granted to an employee by the bill. The bill would authorize the employer to grant simultaneous leave to these parents.

This bill would also prohibit an employer from refusing to hire, or from discharging, fining, suspending, expelling, or discriminating against, an individual for exercising the right to parental leave provided by this bill or giving information or testimony as to his or her own parental leave, or another person’s parental leave, in an inquiry or proceeding related to rights guaranteed under this bill.

The bill would additionally prohibit an employer from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any right provided under this bill.

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34

For purposes of this section, “employer” means either of the following: (1) A person who directly employs 20 or more persons to perform services for a wage or salary.

(2) The state, and any political or civil subdivision of the state and cities.

AB 168: This bill would prohibit an employer from relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant. The bill also would prohibit an employer from seeking salary history information about an applicant for employment and would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would not prohibit an applicant from voluntarily and without prompting disclosing salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified. The bill would apply to all employers, including state and local government employers and the Legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law.

Officers

Jean Bracy, SDA, President, Mojave Desert Air Quality Management District Ed Gray, Vice President, Chino Valley Independent Fire District Sandy Raffelson, Secretary, Herlong Public Utility 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

David Aranda, SDA, Stallion Springs Community Services District Mike Scheafer, Costa Mesa Sanitary District Robert Swan, Groveland Community Services District Tim Unruh, Kern County Cemetery District No. 1

Expanded Harassment Training to Cover Gender Identity, Gender Expression, and Sexual Orientation (SB 396): The California Fair Employment and Housing Act (FEHA) requires employers with 50 or more employees to provide training and education regarding sexual harassment to all supervisory employees. Under SB 396, this prescribed training must now include content addressing harassment based on gender identity, gender expression, and sexual orientation.

Employers also must post a poster developed by the Department of Fair Employment and Housing regarding transgender rights.

AB 1556 revises California’s Fair Employment and Housing Act by deleting gender-specific personal pronouns in California’s antidiscrimination, anti-harassment, pregnancy disability and family/ medical leave laws by changing “he” or “she,” for example, to “the person” or “the employee”.

Wage Discrimination (AB 46): The existing Fair Pay Act prohibits private employers from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex, or of a different race or ethnicity, for substantially similar work. AB 46 extends the Fair Pay Act prohibitions to public employers, by defining “employer” to include public and private employers.

Union Organizing (SB 285): SB 285 prohibits public employers from “deterring or discouraging” public employees from becoming or remaining members of an employee organization.

This law applies to counties, cities,

California Special District – January-February 2018

Consultants

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

districts, the state, schools, transit districts, the University of California, and the California State University, among others. The Public Employment Relations Board (PERB) has jurisdiction to enforce this law.

AB 1008 prohibits employers with five or more employees from asking about criminal history information on job applications and from inquiring about or considering criminal history at any time before a conditional offer of employment has been made. There are limited exemptions for certain positions, such as those where a criminal background check is required by federal, state or local law.

SDRMA Staff

Gregory S. Hall, ARM, Chief Executive Officer C. Paul Frydendal, CPA, Chief Operating Officer Dennis Timoney, ARM, Chief Risk Officer Ellen Doughty, ARM, Chief Member Services Officer Heather Thomson, CPA, Chief Financial Officer Debbie Yokota, AIC, Claims Manager Wendy Tucker, Member Services Manager Susan Swanson, CPA, Finance Manager Alana Little, HR/Health Benefits Manager Danny Pena, Senior Claims Examiner Alexandra Santos, HR/Health Benefits Specialist II Heidi Singer, Claims Examiner I Michelle Halverson, Accountant Kayla Kuhns, Member Services Specialist I Teresa Guillen, Member Services Specialist I

Once an employer has made a conditional offer of employment, it may seek certain criminal history information. However, before denying employment because of a criminal conviction, these specific steps must be followed: • The employer must first conduct an individualized assessment to determine whether the conviction has a direct and adverse relationship with the job’s specific duties that justifies denying employment.

• Any preliminary decision not to hire because of a conviction history requires written notice to the applicant, who must be given the opportunity to respond. A specific timeline and process for this step Continued on page 36

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Managing Risk [continued] must be followed. The employer must consider any information provided by the applicant before making a final decision.

• Any final decision to deny employment because of the criminal conviction requires another specific written notice to the applicant.

Effective January 1, 2018, the Immigrant Worker Protection Act will prohibit employers in California from voluntarily consenting to allow immigration enforcement agents to enter any non-public areas of their workplaces unless they obtain a subpoena or judicial warrant.

The Act also will prohibit employers from consenting to enforcement agents accessing, reviewing or obtaining their employee records (except Forms I-9 and other documents for which ICE has provided the required three days’ notice before inspection) without a subpoena or judicial warrant.

Employers also will be required to notify employees of any inspections of Forms I-9 or other employment

records within 72 hours of receiving notice of the inspection, including: • The name of the agency conducting the inspections; • The date the employer received notice of the inspection; • The nature of the inspection to the extent known; and • A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms for the inspection to be conducted.

The penalties for noncompliance are steep, with civil penalties of $2,000 to $5,000 for a first violation and $5,000 to $10,000 for each subsequent violation. In addition, employers will be prohibited from re-verifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law.

Violations of this requirement will be subject to a civil penalty of up to $10,000.

For additional information please contact SDRMA Chief Risk Officer Dennis Timoney at 800.537.7790 or email Dennis at dtimoney@sdrma.org

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California Special District – January-February 2018

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Money Matters Analyzing Your District’s Finances as a New Board Member

By Dane Wadlé, public affairs field coordinator, California Special Districts Association In November 2016, I was elected to the Board of Directors of the Georgetown Divide Public Utility District (GDPUD). The district provides water service to approximately 15,000 people on the Georgetown Divide, which includes several small communities between the Middle and South Forks of the American River in El Dorado County.

In preparation for my new role, I completed an indepth review of various district documents. I focused on assessing the organization’s financial status. As many board decisions involve fiscal matters, I felt it was important to have a good understanding of the district’s financial condition.

My review centered on three documents: • The annual financial statements; • The current budget; and • The most recent pension actuarial valuation from the California Public Employees Retirement Systems (CalPERS).

The financial statements include three main documents: 1) the statement of net position; 2) the statement of revenues, expenses and changes in net position; and 3) the statement of cash flow. The statement of net position essentially serves as a balance sheet. It shows the district’s assets, liabilities, and deferred outflows and inflows. GDPUD’s statements compared the most recent year with the previous year to provide a modest trend analysis. The statement of revenues, expenses and changes in net position is the equivalent of an income statement and serves as

CSDA F C

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38

the basis for the change in net position. Finally, the cash flow statement demonstrates where the district’s cash comes from (operating, investing and financing).

Each document relates to the other and helps elected officials understand the financial makeup of their organization.

The current budget shows the operating and capital improvement plan for the year. It helps elected officials determine an agency’s primary revenue sources (rates, property taxes, etc.) and the cost drivers of the district’s water enterprise. The capital budget highlights the short and long-term plan to maintain or replace existing infrastructure and build new infrastructure. Capital budgets often include a one-year budget as well as a five-year plan to identify future needs.

Like most special districts, GDPUD provides pension benefits to employees through CalPERS. For GDPUD, pension benefits are one of the largest cost drivers in our operating budget. Each year, CalPERS provides an actuarial valuation to each member agency. The document shows the funding level, outstanding liabilities, projections for future employer

Officers

Jo MacKenzie, President, Vista Irrigation District Paul Hughes, Secretary, South Tahoe Public Utilities District Matthew McCue, Treasurer, Mission Springs Water 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

Alex Brandon, Phelan Pinon Hills Community Services District George Emerson, Goleta Sanitary District Glenn Lazof, Regional Government Services Authority Vince Ferrante, Moss Landing Harbor District

contributions, and other information. While the report can be overwhelming, certain sections provide valuable information to directors. The “Funding History” shows the last five years of funding data. Specifically, it shows the accrued liability, the value of assets, the unfunded liability and the funded ratio.

These figures explain how the plan has performed and what the trend is for the plan. Are the liabilities increasing or decreasing?

Is the funded ratio going up or down?

The second section to review is the “Analysis of Future Discount Rate Sensitivity.” The funding status of pension plans are impacted by the investment returns earned by CalPERS. Higher investment returns can reduce pension liabilities and vice versa. The discount rate serves as the assumed investment returns. The actuarial liabilities are calculated based off the discount rate. Discount rates are estimates; no one can predict what future investment returns will be. The sensitivity analysis demonstrates how the unfunded liabilities and funding ratios can change depending on how investments perform. The valuations often show significant deviations depending on the returns. This information helps elected officials understand this reality.

Looking back over a year later, reviewing these documents has enabled me to be a more effective board member. I understand our recent history through the financial statements, our current state through the budget, and one of our biggest financial challenges going forward through the pension actuarial valuation. I used this knowledge to ask relevant questions during budget discussions and the water rate adjustment process we recently completed. I encourage all board members to do a similar review to assist them in their role serving the community.

CSDA has many resources to help board members learn about their district finances. The Association offers online webinars as well as workshops. The most relevant is the oneday “Financial Management for Special Districts” training.

This class is offered twice a year and serves as a boot camp on all financial issues. In addition to CSDA’s offerings, other statewide and national organizations provide trainings and resources on government finance.

California Special District – January-February 2018

Consultants

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

CSDAFC Staff

Neil McCormick, CEO Cathrine Lemaire, Program Manager Beth Hummel, Executive Assistant Rick Wood, Finance & Administrative Director

Financings Closed in 2017

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Manager’s Corner [continued] demonstrate their own commitment to the importance of preventing harassment and promoting a respectful work environment. Further, as important as training is, the EEOC Select Task Force recognized that “training cannot stand alone but rather must be part of a holistic effort undertaken by the employer to prevent harassment.� In order to truly address harassment in the workplace, employers must endeavor to change a culture that actively permits or turns a blind eye to inappropriate behavior in the workplace. Change starts at the top. Leaders must lead by example and set the tone from the top for your District.

there must not only be a commitment to establishing a diverse, inclusive and respectful workplace, but also a system in place to hold employees accountable to this expectation. Districts must ensure that there are clear procedures in place for responding to complaints of harassment, discrimination, retaliation, and general employee misconduct.

Accountability

CSDA is here to help with the training component! CSDA has scheduled harassment prevention trainings throughout the state for 2018. Please see page 6 for details.

It is important to remember that to truly address the culture of workplace and to prevent harassment,

42

There must also be appropriate consequences for any employee who violates District policy. If high-ranking or high-value employees are given a pass for bad behavior, it sends a message throughout the organization.

Accountability also means that supervisors need to be held to high standards regarding their management of subordinates. Supervisors should be held accountable when they fail to appropriately manage, and they should be rewarded for good supervision.

How CSDA Can Help

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