2018 CA Special District March-April

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 13, I s s u e 2

INTERVIEW WITH

Marcie Frost

CalPERS CEO

A Publication of the C alifornia Special D is tr ic ts A s s oc iation

Managing Risk: We All Know That Accidents in the Workplace Happen

Ask the Experts:

HOW TO FOSTER TRUST AND COOPERATION

Microgrids: A Path to Resiliency

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California Special Districts • Mar-Apr 2018

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TABLE OF CONTENTS

Interview with Marcie Frost, CalPERS CEO

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05 President’s Message 06 Professional Development 08 CSDA News 10 You Ask, We Answer:

Legality of Accepting Gifts 12 Ask the Experts:

Microgrids: A Path

to Resiliency 18 Movers and Shakers

Managing Risk: We All Know That Accidents In the Workplace Happen

Get Switched On 24

Community Connections: The Time to Tell Your Special District Success Story to Customers Is Now

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Take Action: Support Transparency Legislation for Special District Websites

30

Managers Corner: Embrace the Circle of Safety to Foster Trust and Cooperation

For editorial inquiries, contact Vanessa Gonzales, Communications Specialist at 877.924.2732 or vanessag@csda.net.

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Legal Brief: New California Law Has Immediate Impact on Public Works Projects

38 Money Matters:

Debt Issuance:

Telling Your Story 42

Districts Make the Difference: Orange County Mosquito and Vector Control District

46 In Brief:

Union Sanitary

District Celebrates

its Centennial Anniversary

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California Special Districts • Mar-Apr 2018

PRESIDENT'S MESSAGE

Greater Member Benefits, Advocacy and Professional Development I am honored to serve as Greg Orsini your CSDA Board President this CSDA President year and look forward to serving our members in a greater capacity and continue the trend of providing increased member benefits, legislative advocacy and professional development. My background in special districts began almost 30 years ago when I was hired as an entry-level utility person for McKinleyville Community Services District (MCSD). I learned how important the services Special Districts provide to their communities are for the vigor and health of the community. As my responsibilities increased, I became aware of the efficiency that local control provide.

I was appointed to the CSDA Board of Directors to fill a vacancy created by the passing of MCSD’s previous General Manager (GM) almost immediately after being hired by the MCSD Board of Directors to carry on as the GM in the spring of 2013. Since then I have served on multiple committees and

have been part of the Executive committee, serving as Treasurer, Vice President and now President.

New Member Benefits

CSDA Board and Staff are excited about the launch of CSDA’s newly redesigned website including CSDA Communities, a platform for members to further connect, share resources and get questions answered.

This includes a library piece that stores all documents shared for group subscribers. If you haven’t already, dive in and explore the new site! If you

have ANY questions on how to utilize, our Member Services team is ready to assist; they can be reached at 877.924.2732.

Legislative Advocacy

CSDA’s Advocacy & Public Affairs team has been hard at work tracking new bills and determining the legislative priorities for the year, focusing on bills that affect our CSDA member districts and impact the delivery of core local services the most.

CSDA is showcasing their advocacy efforts continued on page 7

CSDA Board and Staff Officers

Staff

GREG ORSINI, PRESIDENT, McKinleyville Community Services District

NEIL MCCORMICK, Chief Executive Officer

JOEL BAUER, SDA, VICE PRESIDENT, West Side Cemetery District

MEGAN HEMMING, Professional Development Director

JEFFREY HODGE, SECRETARY, Santa Ynez Community Services District

CATHRINE LEMAIRE, Member Services Director

RYAN CLAUSNITZER, TREASURER, Alameda County Mosquito Abatement District

KYLE PACKHAM, Advocacy & Public Affairs Director

VINCENT FERRANTE, PAST PRESIDENT, Moss Landing Harbor District

TODD WINSLOW, Publications Director RICK WOOD, Finance & Administration Director

Members of the Board

EMILY CHA, Professional Development Coordinator

STANLEY CALDWELL, Mt. View Sanitary District

TAMARA DE LA ROSA, Public Affairs Specialist

RALPH EMERSON, Garberville Sanitary District

MARCUS DETWILER, Legislative Assistant

PETER KAMPA, SDA, Saddle Creek Community Services District

RYLAN GERVASE, Legislative Representative

JO MACKENZIE, Vista Irrigation District

DILLON GIBBONS, Senior Legislative Representative

ELAINE MAGNER, Pleasant Valley Recreation & Park District

VANESSA GONZALES, Communications Specialist

NOELLE MATTOCK, El Dorado Hills Community Services District

ABI HAGUE, Member Services Representative

SANDI MILLER, SDA, Selma Cemetery District

COLLEEN HALEY, Public Affairs Field Coordinator

WILLIAM NELSON, Orange County Cemetery District

JIM HARROLD, Database & Online Communities Coordinator

GINGER ROOT, Country Club Sanitary District

MUSTAFA HESSABI, Legislative Analyst

TIMOTHY RUIZ, P.E., East Niles Community Services District

BETH HUMMEL, Executive Assistant

FRED RYNESS, Burney Water District

STEVEN NASCIMENTO, Public Affairs Field Coordinator

ARLENE SCHAFER, Costa Mesa Sanitary District

ANNA PALMER, Member Services Specialist

ROBERT SILANO, Menlo Park Fire Protection District

CHRIS PALMER, Public Affairs Field Coordinator MARINA SERVANTEZ, Professional Development Assistant

California Special Districts Association 1112 I Street, Suite 200, Sacramento, CA 95814 toll-free: 877.924.2732 • www.csda.net

© 2018. California Special Districts Association.

Volume 13 • Issue 2

CASSANDRA STRAWN, Senior Member Services Specialist ANTHONY TANNEHILL, Legislative Representative DANE WADLÉ, Public Affairs Field Coordinator JAMES WILFONG, Senior Designer A proud California Special Districts Alliance partner

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PROFESSIONAL DEVELOPMENT

Chip Eichelberger (left) Marcie Frost, CalPERS CEO

New Special Districts Legislative Days Format and Keynote Speaker Announced Special Districts Legislative Days returns to the State Capitol May 22-23 with a new format that is sure to deliver more direct advocacy to State Legislators and more critical information to local leaders. The 2018 CSDA Legislative Days, taking place at the Sacramento Convention Center, now consists of Advocacy Day on day one and Policy Day on day two. This event brings together movers and shakers from all over California and provides leaders the opportunity to meet with and educate their legislators about the significant contributions special districts make in their communities and throughout the state.

In addition to advocating on the biggest challenges impacting special districts in California, attendees at Legislative Days will hear from state leaders on the latest policy issues facing special districts in Sacramento. CalPERS CEO Marcie Frost is the keynote speaker at Legislative Days. Attendees can also look forward to participating in in-depth policy breakout sessions by Gage Dungy, Partner at Liebert Cassidy Whitmore; Deborah Wilder, President of Contractor Compliance and Monitoring; and Kelly Salt, Partner with Best Best & Krieger LLP. Check out our Interview with Marcie Frost on page 14.

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Colette Carlson (right)

Leadership, Communication, and Peak Performance Focus of General Manager Leadership Summit CSDA’s General Manager Leadership Summit, taking place June 24 – 26, 2018 at the Resort at Squaw Creek, features unrivaled networking and professional development opportunities for attendees and exhibitors. This year’s conference will provide attendees high-level information and strategies they can use in their district right away and for years to come. Attendees will benefit from opening keynote speaker, Chip Eichelberger and his presentation “Get Switched On!” As the former international point man for Tony Robbins, Chip has the necessary skills to help participants learn how to energize and motive their district team.

New this year, all attendees will be the first to hear the results of a comprehensive statewide poll

by Probolsky Research in a general session titled “How They See Us: Statewide Poll and Focus Groups.” Christopher Townsend of Townsend Public Affairs wills provide additional insights to audience members on how Probolsky’s data can impact your advocacy and outreach efforts.

Business communication expert Colette Carlson will kick-off day two of the conference with her session “The Language of Leadership: It All Begins with You.” In her session Colette will share how connected leaders can effectively communicate feedback and engage in challenging conversations without creating conflict or destroying trust.

More information on the agenda and registration for either the Special District Legislative Days or the General Manager Leadership Summit can be found online at csda.net.

California Special Districts • Mar-Apr 2018

Is your district budget under $8 million?

Special districts with limited budgets CAN get access to continuing education for their elected/appointed officials and staff. The Special District Leadership Foundation (SDLF) still has scholarship funds available to help pay for CSDA conferences, including: • Special District Leadership Academy, July 8-11, Napa • CSDA Annual Conference & Exhibitor Showcase, September 24-27, Indian Wells • Board Secretary/Clerk Conference, October 22-24, Lake Tahoe Scholarships are also available for workshops and webinars. Applications are accepted throughout the year with a rolling deadline of the 15th of each month. Award notifications are made by the 30th of each month as funds are available. Visit sdlf.org for more information and applications.

Volume 13 • Issue 2

PRESIDENT’S MESSAGE CONTINUED through the Special Districts Legislative Days event held May 22-23 in Sacramento. This year, we have added more programming including a new Policy Day!

Professional Development

CSDA continues to provide specialized professional development opportunities for board and staff of special districts. Our upcoming conferences include the Special District Legislative Days May 22-23 in Sacramento, General Manager Leadership Summit June 24-26 in North Lake Tahoe, and the Special District Leadership Academy (SDLA) Conference July 8-11 in Napa. To register for any of these events, please visit www.csda.net. For a full list of workshops, live webinars, on-demand webinars and other conferences coming up later in the year see the 2018 Professional Development Catalog on the CSDA website.

Thank you for the privilege of being your Board President this year, serving our association that offers so much for the benefit of our membership is a task I eagerly accept. I look forward to meeting many more of you at our events this year!

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CSDA NEWS

What’s All the Talk About?

With only a month after the launch of CSDA’s new website and featured online communities, we are thrilled about the response and our member engagement! Participation in the CSDA communities is continuing to grow!

CSDA COMMUNITIES!

UNIQUE LOGINS CURRENT USERS

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1360 Assembly Member Caballero Awarded 2017 Legislator of the Year

CONNECTIONS*

*Instances of a member accepting another members invitation to be a contact!

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Have you participated in our Communities?

Login at csda.net (remember, your username is now your email) and ask your peers – perhaps they’ve already conquered your challenge. Don’t Black Mountain Software forget to set up your profile picture so peers can CSDA 2018 Ad – #1 recognize you!

1/4 Page Horizontal, B/W

On March 28, 2018, CSDA presented Assembly Member Anna Caballero with its 2017 Legislator of the Year Award. As a member of the Assembly Local Government Committee, Assembly Member Caballero has shown her support for special districts and the communities they serve.

CSDA Board Secretary, Jeff Hodge presented Assembly Member

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Caballero with the Legislator of the Year Award in front of dozens of local officials during a ceremony at the Salinas Valley Memorial Healthcare District.

Throughout 2017, Assembly Member Caballero provided a thoughtful and considerate voice supporting local control. She supported AB 979 (Lackey) which streamlined the process for special districts to obtain representation on their county’s Local Agency Formation Commission (LAFCO) board. Assembly Member Caballero was also one of few members who opposed SB 496 (Cannella) which now places the burden of upfront litigation costs on special districts when lawsuits arise from design professionals’ negligence.

Assembly Member Caballero was first elected to the State Assembly in 2006. From 2010 to 2016 she joined Governor Jerry Brown’s administration as Secretary of the Business, Consumer Services and Housing Agency. She was then re-elected to the State Assembly in 2016 to represent the 30th Assembly District.

2018 CSDA Business Affiliate Partner

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California Special Districts • Mar-Apr 2018

Over $25,000 in Rebates Paid to CSDA Commercial Card Program Participants

SDRMA Adds Kaiser as Health Plan Option The Special District Risk Management Authority (SDRMA), in partnership with the California State Association of Counties, offers a group medical benefits program to public agencies with 200 employees or less. New for 2018 is the addition of Kaiser to other network providers, including Blue Shield and Blue Cross, with multiple plan offerings: HMOs, PPOs, and High Deductible HSA Compatible Plans. Express Scripts, Blue Shield, and Kaiser are the prescription providers. SDRMA also offers an ancillary coverages package including Delta Dental, VSP Vision, VOYA Financial Life, Long Term Disability (LTD), and an MHN Employee Assistance Program (EAP). There are several available options for each coverage providing maximum flexibility and savings.

For over 30 years, SDRMA has provided members with comprehensive coverage protection for workers’ compensation, general liability, public officials errors and omissions, employment practices, and more with rates that are consistently 15 percent below average market rates. For rate quotes, visit www.sdrma.org or call 800.537.7790.

Volume 13 • Issue 2

Participants of the CSDA Commercial Card program recently received rebates totaling over $25,000, with some agencies receiving checks of more than $1,000. Originally developed by Bank of the West especially for CSDA members, the program has grown steadily over the past seven years, offering members the convenience, flexibility, and reporting capabilities of a commercial card in addition to the rebates.

With the program up for renewal this year, CSDA has done our due diligence and investigated opportunities with other banks.

After reviewing several proposals, we found what we believe is an excellent match for our members’ needs. We are happy to announce Umpqua Bank has been selected as the new administrator for the CSDA Commercial Card. The program with Umpqua Bank has many features of the previous program, with even greater rebate potential: • Competitive with the State’s CAL-Card program • Minimum 1% rebate to the participating agency on their total spend • Tiered rebate incentive plan with rebates of up to 1.20% at higher spend levels For more information about the CSDA Commercial Card, contact CSDA member services at 877.924.2732. You can soon be on your way earning rebates for 2018!

A Simplified Way to Meet GASB Reporting Requirements In coordination with CSDA, the California School Boards Association (CSBA) offers Governmental Accounting Standards Boards Statement (GASB) Alternative Measurement Method (AMM) to assist members in complying with GASB 74 & 75. Special districts with less than 100 plan members may be eligible to use this approved, cost-effective, and simplified method for calculating costs and obligations related to post-employment benefits.

CSBA’s GASB Reports AMM allows smaller special districts to be compliant for a fraction of the cost of a full valuation.

For information on this alternative method, visit www.gasb45amm.com or contact program manager Alest Walker at 916.669.2603 or awalker@csba.org.

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YOU ASK, WE ANSWER

Q&A

Legality of Accepting Gifts Gloria Sprague Bald Mountain Fire Protection District Can anyone help me with the legality of a special district accepting gifts in the form of donated tickets to an amusement park for their volunteers?

In their letter of offering such tickets they state that these payments are not considered a reportable or limited gift to any individual, but do require disclosure on Forms 801 (within 30 days) and 802 (within 45 days) by our District following acceptance of the tickets.

Would like to know if anyone has had an experience similar to this and what was involved and is it worth the effort?

Thanks for any help you can give me on this matter.

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Maggie Stern Kronick, Moskovitz, Tiedemann & Girard It is legally permissible to accept tickets given to a district from an amusement park, sports association (or other entity) and then distribute them to employees or volunteers for the purposes of retention or appreciation.

To be considered a gift to the agency rather than to the individual, the following must apply: • The agency must control who uses the gift • The use of the gift must be for “official agency business” (volunteer or employee retention and appreciation would be an acceptable use of those tickets) • The agency must report the gift on FPPC Forms 801/802 See Cal. Code Reg., tit. 2, section 18944.1 for further information.

Alexandra Barnhill Jarvis, Fay, Doporto & Gibson, LLP I know that many, many agencies got tickets to Disney due to their assistance in the wildfires and are likely struggling with this question. The responses don’t fully capture all of the legal requirements, so I am posting here to clarify the steps to follow.

The basic rule is that local elected officers, candidates, Section 87200 filers, and employees who are designated in the agency’s conflict of interest code are prohibited from accepting gifts from a single source totaling more than $470 in a calendar year.

(Government Code 89503.) Any gifts over $50 have to be reported on an individual’s statement of economic interest (Form 700).

However, the FPPC has a specific procedure that allows tickets for admission to an entertainment or sporting event to be exempt from reporting on a Form 700.

The requirements are that: (a) the agency must have a written policy adopted by the Board stating the public purpose for distribution of the tickets and the distribution must be made in accordance with this policy, (b) the ticket cannot be earmarked by the original source for use by a particular agency official, (c) the agency must determine, in its sole discretion, which official may use the ticket or pass, California Special Districts • Mar-Apr 2018

Questions Appear in CSDA Communities

(d) the agency must report the payment on a Form 802, and (e) the distribution of a ticket pursuant to this exception and policy must be posted on the agency’s website within 30 days after the distribution. (Regulation 18944.1.)

Sample ticket distribution policies are readily available via a Google web search. A form 802 is available at www.fppc.ca.gov/content/dam/fppc/ NS-Documents/TAD/Agency%20 Reports/Form-802.pdf and can be submitted to Form802@fppc.ca.gov.

So, it is not enough just to have your District Manager or Fire Chief hand out tickets to their volunteers/employees for some implied public purpose (such as recognition of contribution to lifesaving public service efforts). Your agency has to have adopted a formal ticket distribution policy first. Only then can the tickets be distributed consistent with that policy and

the agency will have to let the public know who got the tickets, how many, etc. via a web post and reporting to the FPPC. Failure to follow all of these steps means that the individuals may need to treat them as gifts or income and report them.

Your other options are to: (a) return the tickets to the donor or donate them to a nonprofit group within 30 days of receipt (without taking a deduction), or (b) not use the tickets and let them expire.

(Regulation 18946.1) Complying with these rules takes some of the fun out of receiving “free” tickets. But it is what the public expects.

As always, this is provided for your information and is not legal advice. Talk to your respective legal counsel about how this applies to your individual situation.

Haven’t visited CSDA Communities yet and want to learn more from member discussions? Visit CSDA Communities home page at communities.csda.net for more information!

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ASK THE EXPERTS

Microgrids: A Path to Resiliency

By Jamie Weisman and Neal Bartek, ENGIE Services U.S.

T

he impact of a power outage to a special district can be disastrous: lost and delayed revenue, increased expenses (e.g., overtime labor, outsourcing), customer dissatisfaction, increased emissions, regulatory fines, or lawsuits. With the increase in frequency and severity of natural disasters, and because of the critical services provided by special districts, it is now more crucial than ever to focus on resiliency and energy effectiveness - in both daily operations, and long-term plans.

An effective energy approach means using available energy to ensure operations run optimally and operational goals are achieved.

It means going beyond maintaining status quo system operations during a typical (1-2 hour) outage to avoid some negative impacts. Special districts use energy in a variety of ways: lighting, computers, SCADA, heating and cooling, pumping, treating water, and even kitchen 12

A microgrid connects energy loads and distributed energy resources to optimize energy use.

California Special Districts • Mar-Apr 2018

appliances, not all of which are prioritized equally during an emergency.

An effective approach towards energy management approach focuses on optimal asset performance. This approach is often aided by microgrids.

A microgrid is a group of interconnected loads and distributed energy resources with clearly defined electrical boundaries, designed to provide energy resiliency and reliability. It acts as a single controllable entity with respect to the grid, meaning it can connect and disconnect to operate in both grid-connected and island mode allowing Special Districts to operate independently for short periods.

Recent advancements in the performance of renewable technologies (like solar, storage, and biogas), coupled with lowered production costs, have made microgrids a valuable option to augment the traditional, sole-use of emergency diesel generators special districts (especially water districts) have historically relied upon. In conjunction with an energy efficient approach, these renewable technologies can serve as the foundation for a persistent, renewable-based microgrid.

Unlike emergency generators which have limited run hours, a renewable-based microgrid can operate continually, and can provide daily benefits to help with demand management and electric rate optimization.

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Volume 13 • Issue 2

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During momentary (less than 5 minutes) or typical (1-2 hour) power outages, a microgrid helps bridge the gap between the loss of utility power and the start-up of back-up generators, eliminating the flood of nuisance alarms and equipment resets. Energy efficient microgrids with integrated biogas, solar, storage, and advanced controls not only provide necessary emergency power, but can help special districts manage electricity bills and hedge against constantly rising utility rates.

During a natural disaster causing a multi-day power outage, a renewablebased microgrid can extend the life of a district’s diesel supply by absorbing load fluctuations and ensuring only the most critical loads are being served. This allows generators to operate at optimal levels and reduces generator maintenance.

A few examples of the impact of electricity disruptions include: the release of raw sewage into the waterways of New Jersey in the aftermath of Hurricane Sandy and critical water services being compromised in California during the Thomas fire. On-site, renewable based microgrids can help prevent these service disruptions.

Clean, reliable energy is a valuable resource to a special district’s operations, and continuously reassessing efficiency is recommended to maximize that available energy. When conducting an energy assessment, special districts should not just analyze energy demand, energy savings options, and generation potential, but also critical load priorities and resilience strategy, in line with their districts’ Emergency Operations Plans.

As part of the #1 energy services provider in the world, ENGIE Services U.S. provides an extensive set of energy and sustainability management services to thousands of customers throughout the United States. ENGIE Services provides Energy Effective™ solutions to special districts throughout California.

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INTERVIEW WITH

Marcie Frost Chief Executive Officer of CalPERS

Keynote Speaker at CSDA’s upcoming Special Districts Legislative Days

What changes have you made and are looking to make at CalPERS?

There has been quite a bit of activity since I started at CalPERS. It’s been a blessing to have a high quality executive team in place that I can rely on to implement our ideas.

The first one we worked on was getting refocused about the overall health of the plan. One of the indicators of the health of the plan was the funded status. When I came in October 2016, our funded status sat at about 64%, and today it’s around 71%. There are certainly some reasons for that -- markets have the most impact. But reducing the

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California Special Districts • Mar-Apr 2018

INTERVIEW WITH MARCIE FROST

discount rate was a significant policy change made in December 2016 that helped make the fund more sustainable. This brought in additional contributions that were necessary for the health of the fund. It was a difficult decision for the board to move from 7.5% to 7%; it was a particularly difficult decision for employers since they were taking on most of the cost for that decision. It’s very important that we are able to engage with the employers, who we consider our partners, and work with them through their current and future budgets. To this end, we phased in the discount rate change over three years to give them more lead time to evaluate what they had to do to carry the additional costs and be effective in doing it.

The second change I have emphasized is to not only reduce the risk but to understand the risk that we are taking, reducing cost, and reducing complexity. As many know, CalPERS is the most complex U.S. pension system; this drives cost, variation, and service issues with our customers. We are getting refocused on what we can provide and do well. This is in our fiveyear strategic plan, so you will see more work on the complexity side in the coming years.

Something that was already in place when I got here but that I feel strongly about is that CalPERS wants to have strong stakeholder engagement. We want to make sure that we are accessible to people, that there are no surprises, and that we share information with them in advance of the board meeting.

The last thing we want to do is to surprise an employer or a member group with a board item that they were completely unaware of. I define stakeholders as anyone who would have a potential interest in a decision made by the organization, so employers, members, and even the media are a part of this. Also, we have gotten more comfortable saying that we may not always agree. We strive to be accessible, a reliable partner and welcome bringing contrary information that we will consider, but there likely will be times that we will not agree and should be okay with this. We have a fiduciary responsibility to the members and beneficiaries of the organization.

Our views can sometimes feel narrow compared to the employers, who have many more things they must worry about.

Volume 13 • Issue 2

Reducing costs is very important as we track costs for each member; there will be more on this at future board meetings.

Lastly, the risk on the investment side is a primary focus. When you are 71% funded, you have to be very careful of the risks you are taking.

We always have to be looking at the fact that we are a long-term investor and have to be factoring in these risks, both in the short term and the long term.

The fund is at 71% funding. What efforts are you taking to increase the funded level status?

The discount rate change was the first decision aimed at the sustainability of the fund. 7.5% was not realistic in what we could expect from the markets. The unanimous decision was a good indicator of the group working together to solve these problems and find best outcomes.

The next most significant change was the amortization policy change.

Our Chief Actuary, Scott Terando, brought the policy change of moving from a 30-year amortization period

to a 20-year amortization period to the executive team for a discussion.

We were an outlier here; we have a strong actuary team that thought this was outside where their professional judgment would be.

We walked stakeholders through the reasons why we were making this change and walked them through how we would implement it. We did a webinar that was well received by the employers; again, what we want to do is make sure that we can provide the information employers need to be successful. We got a lot of positive feedback on this at the California Society of Municipal Finance Officers conference earlier this year.

Another thing we do every four years is the asset liability management process, where we look at how assets are being allocated across classes like public equity and private equity and look at the risk levels we are willing to take. For example, how much do we want invested in private equity versus global equity? We finished this process in December so we have a strong asset allocation in place for the next four years. continued on page 16

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Unfunded actuarial liability is also an issue. Most of our conversations with employers reflect that the normal cost of the plan is something that is predictable to them. The unfunded liability is where they are having a hard time charting what those costs might be year over year.

One thing that the Governor and the Legislature did was make an additional payment, not a required contribution, to the unfunded actuarial liability, giving the system an addition $6 billion. That alone moved CalPERS into a positive cash flow position going into 2018, which is a very good position for a mature plan like CalPERS to be. We had been negative cash flow for some time before that.

One of the recommendations I talk to employers about, and that we are preparing a webinar on, is how to help them manage the unfunded liability payments. Pre-payments, not amortizing it or financing it over twenty years, is the best possible way; but we also know that budgets are strained. To the extent people have options to provide voluntary contributions, it really is an effective way to get that paid down sooner rather than later. Last but certainly

Greg Stepanicich Jim Markman Whitney McDonald

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not least, CalPERS is supporting Dillon Gibbons, CSDA Senior Legislative Representative, and special districts.

He came before the board and shared his work with a bill sponsor, a legislator, to get a spot bill in that would have CalPERS offer a 115 trust, which is a pre-funding vehicle to prefund your pension liabilities. We are working with Dillion, as well as Dane Hutchings from the League of California Cities and Dorothy Johnson from California State Association of Counties, to see in what way we can help move that forward.

How is CalPERS addressing divestment concerns?

CalPERS is in a unique position to influence the companies we invest in because of our size and scale as the largest public pension plan in the country. What we have seen is that our engagement efforts really work. We’ve been doing communication outreach on how divestment is not the first answer. We have worked with a number of legislators, stakeholders and interest groups that have been trying to persuade CalPERS to divest from some certain industries, certain products or certain countries.

We have done divestment based on where we think the risks are to the long-term performance of the fund, but divestment as a social reason to divest is something we

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California Special Districts • Mar-Apr 2018

have to be very concerned about for a number of reasons. One goes back to the funded status.

We have to be opportunistic in our investing; we don’t ever want to find ourselves in a position that the markets have such a negative outcome that our 71% status goes down to the 50% status. That would be very difficult for a fund of our size to recovery from. We want to be able to engage and influence companies to change behavior, and we have great examples of doing that. We all have interest in doing better for the good, but we always have to keep in mind that our fiduciary duty to our member is being able to pay the benefits long-term.

What should our districts be doing in either working with CalPERS or in addressing the increased cost of being a member of CalPERS?

One of my observations in coming in to CalPERS was that I didn’t see many employers at the board meetings. Though we do have the stakeholder meetings that are well attended, we didn’t hear the employer voice at the time critical decision were being made by the board.

That has changed; you’re seeing the employers attending the board meetings, sharing the impact of policy decisions on their particular city, county or special districts. Or we’ll hear Dillon or Dane come talk about it from a global perspective.

We need to hear the employer voice, and I encourage you all to continue speaking up. It’s important to have balanced views and balanced data as we make decisions. There have been requests from employers to put the board on a road show and take them to Southern California.

We are willing to look into the possibility of this.

In the meantime, if you can’t attend the meeting in person in Sacramento, every board meeting and past board meeting is live-streamed online and available for public viewing. We also take public comments in writing, and if you make a special request the chair or president of the board may read it for public record. There are numerous ways you can get involved.

Another option is the employer education forum we hold every year in October. It is well attended -- but well attended by same employers every year. If you are an employer and have never attended, we encourage you to do that. There are tracks set up for your payroll people and Volume 13 • Issue 2

for leadership, and this year we are working on adding tracks for elected officials. Employers are our partners; we can’t run the system without having a strong and effective relationship with them. That’s very important so that the pension obligations can be fulfilled and all the voices feel like they have been heard before a major decision is made.

Is there anything else you want to share with our readers?

Yes, I’d like to share a little bit about the role of CalPERS. Given some recent history, there are people who think that CalPERS has operated outside of its role, particularly on the benefit side. What I would say is that our job when it comes to the benefits is to service our customer members and to service them well; to make sure they get the benefits they earned, nothing more or nothing less; but that they feel that they have had a respectful interaction, have been given accurate information and responsiveness to their needs. Some critics have voiced concern that CalPERS takes too much of an advocate position on the benefits and that’s something that we will continue to work with.

Lastly, employers worry about the next thing that might increase their CalPERS contribution, but we have made the big decisions – the discount rate change and the amortization policy were the two significant decisions. Now it’s about managing the system and investments moving forward. We have a path to getting back to full funding and the path is filled with tough decisions, but as I said two of the most significant decisions have already been made. Both decisions are being phased in to give employers time to plan for them. I do not see another significant policy change in the immediate future. The changes brought by PEPRA will be significant, and will save as much as $38 billion over the next 30 years, even if the real impact is a few years out. There is a path to sustainability and I am confident we will get there.

Marcie Frost will be the Keynote Speaker at CSDA’s Special Districts Legislative Days in Sacramento on May 22-23, 2018.

“There is a path to sustainability and I am confident we will get there.”

k o lo arcie

M k See t spea Fros

17

MOVERS AND SHAKERS

MOVERS& SHAKERS

William Cooper

Maria Gutzeit

R.J. Kelly

The Santa Clarita Valley Water Agency (SCV Water) has selected its inaugural leadership to preside over the launch of the newly formed water provider. William Cooper was appointed by his colleagues to serve as SCV Water’s first president. Maria Gutzeit and R.J. Kelly were appointed to serve as vice presidents. The trio will lead the new agency and its 15-member board as it sets out on its first year of service to its nearly 300,000 customers. SCV Water was formed on January 1, 2018 and combines the former service areas of Castaic Lake Water Agency, Newhall County Water District, Santa Clarita Water Division and Valencia Water Company. Following a multi-year public engagement process, the agency was formed through Senate Bill 634 authored by Senator Scott Wilk and signed by Governor Jerry Brown on October 15, 2017. SCV Water was formed to improve regional water management, enhance water governance and reduce costs for local ratepayers.

Livermore Area Recreation and Park District’s General Manager, Tim Barry, announced his upcoming retirement slated for July 5. He cited the achievement of a number of personal milestones in his career, such as working the past 45 years in the parks and recreation profession, the last 15 of which as General Manager of LARPD, and leaving the District in excellent financial and programmatic shape for the future Tim Barry as reasons for his departure. Barry’s arrival to LARPD in 2003, after 30 years of serving in parks and recreation positions in cities, was just in time to help finish the 71,000 square foot Robert Livermore Community Center project, the District’s crowning achievement of recent years. During his tenure, the District opened Bruno Canziani Park, Cayetano Park, Holdener Park and an 84-acre expansion of Sycamore Grove Park.

Barry served as President of the California Parks and Recreation Society in 2015-2016 and was awarded the Professional of the Year Award by the California Association of Parks and Recreation Commissioners and Board Members in 2017. LARPD will engage a recruiting firm to conduct a search and recruitment process to hire a new General Manager by mid-June.

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Community Water District in Rio Linda is pleased to introduce their new General Manager, Tim Shaw. Tim comes to the district with considerable experience in the public water agency industry.

This experience enables Tim to comfortably and effectively communicate with community members and consumers regarding water issues, and will serve him well in his new role.

Western Municipal Water District (Western) has named Tim Barr, a long-time Western employee with significant management expertise and nearly 30 years of public sector experience, as its new deputy general manager.

“Having served the District’s customers for a combined 25 years in two periods, Tim has a deep knowledge of Western and a proven track record of leading highprofile District projects and initiatives,” stated Western’s General Manager Craig Miller. “ An industry leader, he brings a perfect

combination of District knowledge, leadership skills, and water expertise that will benefit our customers and the Western team.”

Shirley Apple Murphy El Cajon resident Shirley Apple Murphy, a cultural psychologist, life coach and advocate for Native American issues, has been appointed to serve on the Grossmont Hospital Corporation (GHC) board of directors as a representative of the Grossmont Healthcare District (GHD).

Murphy will serve on the GHC as a designee of GHD board member Gloria Chadwick.

Murphy is returning to the GHC board after previously serving from 2011 to 2016.

Murphy was succeeded

by Allan Goetz, a retired aerospace engineer, who served in 2016 and 2017.

California Special Districts • Mar-Apr 2018

Brandon Hickman, of the Costa Mesa Sanitary District, received Collection System Person of the Year Award from Santa Ana River Basin Section of the California Water Environment Association. The award recognizes an individual for his/her innovation and excellence in wastewater collection systems maintenance.

Castro Valley Sanitary District’s (CVSan) Board of Directors welcomed East Bay Dischargers Authority’s (EBDA) newly appointed General Manager Jacqueline T. Zipkin, at their March 6th Regular Board of Directors meeting. Ms. Zipkin expressed that this new position is her dream job and she is looking forward to beginning working. Ms. Zipkin was appointed to the position following the retirement of long-tenured General Manager Michael S. Connor, PhD. EBDA is a public agency that provides wastewater treatment services for approximately 900,000 residents of southern and eastern Alameda County.

Nipomo Community Services District (NCSD) received the Accounting Excellence Award for a fifth year. The Government Finance Officers Association (GFOA) Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting. Attainment of the Certificate represents a significant accomplishment by a government and its management. Submissions to the program are reviewed by selected Volume 13 • Issue 2

members of the GFOA professional staff and the GFOA Special Review Committee (SRC), which comprises individuals with expertise in public sector financial reporting and includes financial statement preparers, independent auditors, academics, and other finance professionals. The Association also specifically recognized District Finance Director and 26-year District employee, Ms. Lisa Bognuda with an Award of Financial Reporting Achievement for her instrumental role in the District achieving a level of accounting excellence. This is the fifth year in a row the District applied for consideration and received the award. In 2014, Nipomo CSD was the first special district in the County to receive this level of recognition on its annual audit. In being so recognized, the District joins less than fifty special districts state-wide—most of which are much larger organizations.

For the 25th consecutive year, the Orange County Sanitation District (OCSD) earned the Certificate of Achievement for Excellence in Financial Reporting (CGFO). Lina Hsiao, OCSD’s Accounting Supervisor, as the individual primarily responsible for OCSD earning the CGFO award, received the Award of Financial Reporting Achievement by the Government Finance Officers Association (GFOA) of the United States and Canada.

Placer County Water Agency (PCWA) Director of Strategic Affairs, Andy Fecko, has been named “Water Statesperson of the Year” for 2017 by the Sacramento-based Regional Water Authority (RWA). The award recognizes outstanding contributions to building alliances throughout the Sacramento region, and specific achievements during the award year.

In Celebration of Women’s History Month in March, Assemblymember Chris Holden recognized the 41st Assembly District’s Woman of the Year and Women of Distinction. Among the women recognized was Kathleen J. Tiegs, Board Member at Cucamonga Valley Water District and lifelong Rancho Cucamonga resident.

Director Tiegs has a distinguished career in water resource management that spans more than three decades.

She was elected to the Cucamonga Valley Water District Board in November Kathleen J. Tiegs 2005 and has held the seats of President, Vice-President, and Board Member.

Director Tiegs is the immediate past President of the Association of California Water Agencies (ACWA), the largest statewide coalition of public water agencies in the country.

She was also recently reappointed the Southern California Water Committee Vice-Chair for 2018. Director Tiegs is active in special district advocacy and serves on the Legislative Committee for the California Special Districts Association.

Director Tiegs was previously recognized as the Woman of the Year by former Assemblymember Mike Morrell in 2011.

19

FEATURE

California Special District interviewed Chip Eichelberger, CSP, opening keynote speaker at the CSDA General Manager Leadership Summit June 24-26, 2018.

20

California Special Districts • Mar-Apr 2018

“Get Switched On” REEVALUATE AND RECHARGE

Motivate Your Team to Consistently Reach New Levels “I love that term switched on because so many are switched off!”

Volume 13 • Issue 2

21

FEATURE

“I believe it is not an accident that I am in front of that audience; they need to hear my message.”

Could you share some of your background and any experience with special districts?

I have spoken at the Special Districts Association of Oregon twice, most recently this year. I imagine the demographics of the audience are similar – committed volunteers, fire, sewer, water, park districts etc. I know they are mission oriented and want to make a difference. They have lived their lives and had their success and now it’s time to give back. I expect a similar demographic to the California Special Districts audience at the General Managers Leadership Summit in June.

What is “Get Switched On!” all about?

Back in the day when the internet was getting started I knew you had to be findable. With a name like Chip Eichelberger, there were so many bizarre spelling options so I had to do something different. I worked for Tony Robbins for five and half years in the US, UK and Australia. When in Australia my mates would say, “Oh, you’re switched on!” I love that term switched on because so many are switched off! I want to get people switched

22

back on, switched on to possibility, plugged back in. The subtitle of my program is to reevaluate and recharge.

It’s really about evaluation, taking a hard look at what things are - what’s possible - where are the gaps in performance - the gaps in life - getting clear on what’s truly important - game planning - vision - accountability - mindset. That is truly the gift because you never know what people are dealing with. It is fun to get people to reevaluate and make new life-changing decisions.

You have said, “The Turnaround Starts When the Gap Is Acknowledged.”

Could you explain this?

You have to really evaluate and confront the brutal facts of the current situation.

California Special Districts • Mar-Apr 2018

You mentioned that your presentation is not a speech but an interaction experience. Can you explain this and what the audience can expect?

It is more of a workshop than a presentation. People are craving engagement; audiences are not craving another speech. I get the audience involved by writing things down, talking, sharing and integrating the message - that’s what makes it stick. I believe I get paid to travel the speaking is free! I typically invest two or three days of my life for that 90 minutes. I believe it is not an accident that I am in front of that audience; they need to hear my message. I want them to take something out of this and create a valuable experience. I have been blessed to do this for 25 years and why I lasted; I give people unique experiences they remember and they talk about.

Without giving it all away, can you share more on what the audience can look forward to hearing more from you at CSDA’s General Manager Leadership Summit in June.

To view videos and for more information on Chip Eichelberger and Get Switched On! go to his YouTube Channel or getswitchedon.com.

Circumstances play a role, but typically it is the choices we make day after day that gets us to where we are. If you can acknowledge where you would like to be in your marriage, in your health or with your performance; acknowledge the gap and realize you are not where you need to be then you can make new choices and new decisions that will get you to where you want to be. It starts with taking ownership that it is likely been you, not the outside situation. Your choices, your disciplines and vision have led you to where you are.

They can expect energy, engagement, humor and a message that will make them think and take action. The main premise of Get Switched On! is the theme of reevaluation and recharging. When is the last time you have sat down and had great look at where things are, what is possible and what is happening in your life. My job is really coaching people. My mentor was Tony Robbins but his mentor, someone I listened to more than anyone, is the late Jim Rohn. I recommend looking him up on YouTube, specially “The Art of Exceptional Living.” A quote from him is that “We can all use a little coaching because when you’re playing the game, it’s hard to think of everything.” That is the value of a coach in life. My message is about waking up each day with a passion for the difference that you can make for yourself, for your family and for your district.

Districts.

Cities.

States.

Nossaman.

For 75 years, Nossaman has partnered with public, private, and governmental agencies to provide a unique legal perspective.

Nossaman is a full service public agency law firm based in California, proudly serving as CSDA's Bond Counsel, and also providing counsel to special districts in areas such as Public Finance, Public Agency Law, Water, Environmental, Land Use, Infrastructure, Employment, Insurance Recovery, Public Policy, and Eminent Domain.

nossaman.com Volume 13 • Issue 2

23

COMMUNITY CONNECTIONS

The Time to Tell Your Special District Success Story to Customers Is Now

By Angela Lowrey, Public Information Manager, Delta Diablo and Jennifer Cabral, Public Affairs Supervisor, Orange County Sanitation District

I

Each day, over 2,000 Special Districts are directly responsible for the economic, social and environmental success of California.

24

dentified by the Little Hoover Commission as “the workhorses of public service delivery”, each day over 2,000 Special Districts are directly responsible for the economic, social and environmental success of California.

Yet many of the 40 million customers we proudly serve do not know the essential services we provide; recognize our dedicated workforce; or, understand the direct value we bring to their families, businesses and communities. The time to tell your story is now!

Orange County Sanitation District has had some outstanding success stories, including recently receiving an award for their website re-design as well as receiving the Special District Transparency certificate from Special District Leadership Foundation (find out more at www.sdlf.org).

And most newsworthy, Orange County Agencies set a GUINNESS WORLD RECORDSTM Title for most wastewater recycled into drinking water in 24 hours!

On February 16, 2018, The Orange County Water District (OCWD) and Orange County Sanitation District (OCSD) succeeded in the attempt to set a Guinness World Records title for the Most wastewater recycled to drinking water in 24 hours.

The Guinness World Records title was achieved by the Groundwater Replenishment System (GWRS), which is the world’s largest water purification facility of its kind. This achievement commemorates the 10th anniversary of the facility, a collaboration between the two districts.

“This is a time to celebrate and learn about this proven technology that is so vital to sustaining our communities and our natural environment,” said OCSD Board Chairman and GWRS Steering Committee Vice-Chair Greg Sebourn. “We have the technology now to produce safe drinking water that ensures longterm reliability of local supplies.”

The Guinness World Records title attempt to produce the most wastewater recycled into drinking water in 24 hours started at 3:30 p.m. on Thursday, Feb. 15. The successful completion of the Guinness World Records title attempt was announced Friday, Feb. 16, during the Winter Fest, a public event that was held at the GWRS facility. The celebration included a community toast with recycled water from the facility.

“This was an incredible attempt that impacted the local community and environment. It provided perspective on the process of making water safe for consumption,” said Philip Robertson, official GUINNESS WORLD RECORDS adjudicator. “We congratulate the efforts of Orange County Water California Special Districts • Mar-Apr 2018

District and Orange County water—enough for 1 million Sanitation District and welcome people. “For more than a century, them into the Guinness World California has relied on rivers like Records family.” the Colorado and Sacramento “This was an incredible attempt that Currently, regulations limit for our water. Today, we impacted the local community and the use of advanced purified demonstrated we have new rivers environment. It provided perspective water to replenish groundwater to utilize,” said renowned climate on the process of making water safe basins even though the GWRS expert and scientist Bill Patzert, facility creates water that exceeds who emceed the celebration for consumption.” state and federal drinking water program. “It makes perfect sense standards. California law AB to use the technology we have 2022, adopted in 2016, seeks today to use the water we have to expand the public’s awareness of water treatment right in our backyard and recycle it for drinking water.” advancements by allowing agencies such as OCWD to OCSD and OCWD utilized a milestone to create a platform. The bottle highly purified recycled water to be handed out GWRS has received significant coverage from all around the world. for free as an educational tool. The water is so pure, In celebrating the 10th Anniversary, the question during the planning it is near-distilled in quality. The awareness effort is was, “how we will create new interest?” We had to create a purpose to occurring as the state marches toward direct potable reengage our public. With the success of the 10-year celebration and reuse of this water. setting a Guinness World Records title for most wastewater recycled Around the world there are facilities similar to the into drinking water in 24 hours the efforts paid off. With over 1,000 GWRS, but the Orange County facility is considered attendees at the community event and a potential reach of over 350 the largest of its kind. The GWRS currently produces million readers, the GWRS was once again in the news, and being 100 million gallons a day of highly purified recycled talked about in our community and amongst our policy makers. As water to inject into the Orange County Groundwater special districts, we need to take every opportunity to tell our story, Basin, managed by OCWD, to increase local drinking share our successes and build a relationship with our public. For more water supplies and to prevent seawater intrusion. information about OCSD visit www.ocsd.com.

Work will soon be under way to expand its capacity to produce 130 million gallons a day of purified recycled continued on page 26 Volume 13 • Issue 2

25

COMMUNITY CONNECTIONS

Delta Diablo is a recognized leader supporting partnerships which promote the social, environmental and economic value wastewater resource recovery brings to the communities they serve. Community engagement has proven to be a key asset building trust with stakeholders, and this district proactively seeks opportunities to

network and share resources through targeted public/private projects which benefit their 200,000 customers.

Public Information Manager, Angela Lowrey proactively creates programs which give visibility to the challenges and opportunities in wastewater management, water resource development, and environmental stewardship. Working with local school districts to develop business-education alliances with local schools around Science, Technology, Environment and Mathematics (STEM) curriculum and activities has proven to be a worthwhile endeavor by helping raise awareness of the valuable role wastewater services plays in ensuring quality of life and also serving as a way to attract the next generation of wastewater professionals.

One example of this is when Delta Diablo arranged for internationally-recognized explorer, environmentalist, educator and film producer, Jean-Michel Cousteau, to visit their service area and give an environmental presentation to 1,200 high school students from three school districts. The engaging performance by Mr. Cousteau sharing his mission to protect our global ocean, documenting the critical connection between humanity and nature, and celebrating the ocean’s vital importance to the survival of all life on our planet, directly aligned with Delta Diablo’s business-education STEM outreach focus.

Special District General & Special Counsel Representation I Eminent Domain | Employee Benefits | Environmental Law Government Policy & Public Integrity | Government Relations | Labor & Employment | Local Agency Formation Commissions Public Contracts & Construction | Telecommunications | Transportation | Water

www.BBKlaw.com Offices throughout California and in Washington, D.C.

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California Special Districts • Mar-Apr 2018

AHOE KE T A L 018 H NORT 26, 2

4- ontent 2 E c UN new

J

ys alwa

Look for related content at the General Manager Leadership Summit “Internationallyrecognized explorer, environmentalist, educator and film producer, Jean-Michel Cousteau, gives an environmental presentation to 1,200 high school students from three school districts.

Delta Diablo capitalized on this special program to involve media, school personnel, business people, elected representatives and community leaders to participate. It helped customers understand the work undertaken every day by environmental stewards. Raising sponsorship funds and securing in-kind donations, enabled Delta Diablo to offer this program at no costs to students or schools to participate.

It generated a lot of media coverage, including a one-hour documentary which was repeatedly shown over the next year on local public television which reflected in positive branding for our agency. It also contributed to excellent interagency networking and positive relationship building by inviting other public agencies, businesses and industry associations to be part of a program they could possibly have undertaken on their own.

For more information on Delta Diablo, visit www.deltadiablo.org.

Volume 13 • Issue 2

At the CSDA General Manager Leadership Summit, award-winning public engagement professionals representing the California Association of Public Information Officials (CAPIO) will share tools and best practice tips in 10 easy steps to help you increase the visibility of your Special District, improve transparency on the fiscal responsibility of your agency, showcase your leadership successes, and build a positive brand reputation which customers will recognize and respect on the best days, and executives can draw upon to help navigate the public spotlight during difficult times.

Angela Lowrey affirms: “No matter the size, budget or directive of your District, there are many opportunities to incorporate public information strategies to help achieve your agency’s strategic goals. Jennifer and I look forward to meeting you at this year’s CSDA

General Manager Summit where we will be sharing information, anecdotes and best practice advice which we guarantee will help showcase your successes to the customers you proudly serve every day.”

Many of California’s special district public information professionals are members of the California Association of Public Information Officials (CAPIO). While numerous communication principals are universal, government communicators face unique requirements and demands from their communities and stakeholders. CAPIO’s message is very clear: “good government needs good communicators”, and their mission is to help support public officials engaging communities through honest and transparent communication. For more information about CAPIO, visit www.capio.org.

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TAKE ACTION

Support Transparency Legislation for Special District Websites

C

ontinuing the effort to increase the awareness, accessibility, and transparency of special districts, CSDA is sponsoring SB 929 (McGuire), which will require all special districts to have a website by 2020.

There have been discussions in the Legislature for years regarding a perceived lack of transparency when it comes to the just over 2,000 independent special districts in California. In 2017, the Little Hoover Commission completed a report on special districts and recommended the Legislature require every special district have a website.

In response, CSDA sponsored SB 929 (McGuire) to ensure special districts have a voice in the creation of the website legislation.

In late 2016, CSDA established a working group, consisting of districts of varying sizes and locations throughout the state, and spent over a year carefully crafting what is now SB 929.

Importantly, SB 929 recognizes the barriers that may prevent some special districts from establishing a website. In doing so, the legislation allows special districts facing a hardship to exempt themselves by detailing their circumstances in a resolution adopted in a public meeting.

The legislation recognizes the lack of access to broadband Internet and insufficient staff and financial resources as barriers to maintaining a website.

For special districts with the available resources, SB 929 provides the opportunity to further raise the current standards for special districts. Websites will meet modern expectations while also increasing public awareness and access to the special districts that provide services to millions of Californians.

Join CSDA in support of SB 929 (McGuire) and send a letter to your legislators encouraging them to vote for SB 929 when it comes before them. A sample letter of support can be found at csda.net/take-action.

SB 929 benefits all special districts by taking a proactive approach to an important issue; it will further enhance districts’ transparency and outreach efforts.

Visit csda.net to learn about other legislation CSDA is tracking in our efforts to represent the special districts that serve and support California’s communities.

Take Action: Return this mail: CSDA, 1112 I Street, Suite email: advocacy@csda.net fax: 916.520.2466

form to CSDA

200, Sacramento, CA 95814

District NetWorks CSDA Contact!

Local NETWORKS YourDISTRICT California Special Districts

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with whom you are Names of state legislators of your relationship: acquainted, and the strength

Alpine

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personal legislative contacts Willingness to contact your to special districts: regarding an issue of importance 4

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Equipping special district leaders for grassroots advocacy and public outreach

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my name to letters I would be interested in signing record to reporters, to the editor, speaking on the s to spread and participating in other opportunitie I would have final the word about special districts. ions attributed to me. sign-off on any communicat

at csda.net Sign up for Advocacy News go to CSDA Login to your account at csda.net, and join the Communities - All Communities to hear breaking stories.

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LAST UPATED APR. 15, 2016

COLLEEN HALEY colleenh@csda.net • Bay Area Network

DANE WADLÉ danew@csda.net • Northern Network • Sierra Network

CHRIS PALMER chrisp@csda.net • Coastal Network • Southern Network

STEVEN NASCIMENTO stevenn@csda.net • Central Network

California Special Districts Association

Districts Stronger Together

www.csda.net

1

3/20/18 11:26 AM

Look for the updated Take Action brochure, designed to equip district leaders for grassroots advocacy and public outreach, at upcoming CSDA events, conferences, or when speaking to your public affairs field coordinators.

TAKE ACTION Visit the Take Action section of csda.net to learn more about this legislation and submit a sample letter of support.

Don’t forget to attend Special Districts Legislative Days May 22-23, 2018 in Sacramento.

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California Special Districts • Mar-Apr 2018

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MANAGERS CORNER

Embrace the Circle of Safety to Foster Trust and Cooperation

By Scott Carroll, General Manager, Costa Mesa Sanitary District

A

sk almost any leader and they will say that trust and cooperation are essential ingredients for an organization to be successful.

That makes sense because when employees do not trust their leader, or each other for that matter, they are forced to work alone to protect and advance their own interest. Without trust and cooperation, stress levels increase and the ability to form strong working relationships suffers to the point where self-interest

30

becomes the primary focus.

As a result, employees within the organization do not innovate, share information, communicate effectively or accept accountability, which makes the organization weak.

The challenge for leaders is that they cannot simply instruct their employees to trust them, nor can leaders instruct employees to cooperate. It doesn’t work that way. So, how do you build trust and cooperation within your organization? In 2014, Simon Sinek, who is best known for his 2009 TED

Talk presentation on how great leaders inspire action by starting with “why”, presented a TED talk that addressed how employees develop such deep devotion to their leaders and to each other. The question posed was, “why do some employees give their blood, sweat and tears to their leaders, colleagues and to the organization?”

Simon found that the organization’s environment instills devotion among people. According to Simon, “If you get the environment right, every single one of

us has the capacity to do remarkable things.” He believes a deep sense of trust and cooperation are feelings. So where do the feelings come from? Quite simply it’s the condition inside the organization that sets the tone for trust and cooperation. “When people feel safe and protected by the leadership in the organization the natural reaction is to trust and cooperate,” said Simon.

Simon calls it the “Circle of Safety.” He goes on to say the following in his New York Times and Wall Street

California Special Districts • Mar-Apr 2018

Journal best seller, “Leaders Eat Last:” • “The goal of leadership is to set a culture free of danger from each other. And the way to do that is by giving people a sense of belonging.

By offering them a strong culture based on a clear set of human values and beliefs. By giving them the power to make decisions. By offering trust and empathy. By creating a Circle of Safety.”

• “It is easy to know when we are in the Circle of Safety because we feel it. We feel valued by our colleagues and we feel cared for by our supervisors.”

• “We become absolutely confident that the leaders in the organization and all those with whom we work are there for us and will do what they can to help us succeed.”

Simon Sinek’s message on the Circle of Safety could not have come at a better time for me and the Costa Mesa Sanitary District (CMSD). A recent employee satisfaction survey was disseminated agency wide and the results of the survey were a clear indication that I did not have a full understanding of the climate in my organization. Some employees expressed concern about losing their jobs, and admitted that they were afraid to make a mistake in fear of being reprimanded.

Some employees refused to ask for help from management because they fear of being chastised for not knowing what to do. All of these feelings led to a decrease in staff morale, which in turn affected staff’s ability to trust and communicate if issues arose. That is not the culture I wanted established at CMSD, nor is it the legacy I want to leave behind. As Simon said in his 2014 TED Talk, “leadership matters because it’s the leader that sets the tone for the condition inside the organization.”

So, I began setting the tone in my

Volume 13 • Issue 2

“Simon Sinek’s message on the Circle of Safety could not have come at a better time for me and the Costa Mesa Sanitary District (CMSD). A recent employee satisfaction survey was disseminated agency wide and the results of the survey were a clear indication that I did not have a full understanding of the climate in my organization.”

organization by describing the following guiding principles for getting the environment right: • Fear, intimidation, disrespectful, and micro-managing will not be tolerated.

• No disciplinary procedures for making mistakes. Instead, mistakes will be followed up by coaching and/or mentoring and to learn from our mistakes to ensure it doesn’t happen again.

• Integrity and empathy will be an essential part of CMSD’s culture.

• Encourage life-long learning and ensure employees have the necessary tools to be successful.

• Praise employees for work well done and coach employees when performance improvement is needed.

Every week I meet with my leadership team to ensure the Circle of Safety is implemented from top to bottom in the organization. We share our values, openly discuss matters of concern, and strategies on how to be empathetic, and how to give and receive feedback. We discuss the importance of integrity, how to create a sense of belonging throughout the organization, and how to develop meaningful and successful working continued on page 32

James Marta & Company LLP CERTIFIED PUBLIC ACCOUNTANTS

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MANAGERS CORNER

“I AM SEEING THE CULTURE AT CMSD GREATLY IMPROVE. EMPLOYEES ARE RELAXED AND ENGAGING WITH ONE ANOTHER...”

relationships with the generationally diverse team members. Since reinforcing the “Circle of Safety” in our organization, I am seeing the culture at CMSD greatly improve. Employees are relaxed and engaging with one another, they’re openly asking questions without fear of judgment or being reprimanded, and are more willing to cooperate and assist their colleagues. More importantly, they’re looking out for each other. For instance, several employees donated some of their sick leave hours to another 32

employee because he exhausted all his sick leave. While these are great signs that the Circle of Safety is getting better at CMSD, the work is not over. I envision that it will become the responsibility of every employee within CMSD, whether in a formal position of leadership, or not, to act like leaders, work to uphold the values and keep the Circle of Safety strong forever.

I encourage my fellow general managers and leaders in the public sector to check the environment condition in

your organization and then read Simon Sinek’s book “Leaders Eat Last,” or at least watch his TED Talk presentation on Youtube, “Why Good Leaders Make You Feel Safe” (it’s less than fifteen minutes long). I hope you find the video inspirational.

Email Scott Carroll at scarroll@cmsdca.gov to discuss the Circle of Safety, or share your thoughts on how leaders can foster trust and cooperation.

California Special Districts • Mar-Apr 2018

DISTRICT OF DISTINCTION ACCREDITATION

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The District of Distinction Accreditation is designed as a way for districts to highlight their prudent practices important to effectively administer and govern a special district.

In a time when proper fiscal management and responsibility in public agencies is paramount, it has become increasingly important to demonstrate that districts have sound fiscal management, transparency, and governance policies/practices in place. Apply today!

1112 I Street, Suite 200, Sacramento, CA 95814 Volume 13 • Issue 2

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www.sdlf.org 33

LEGAL BRIEF

New California Law has Immediate Impact on Public Works Projects

By Deborah E.G. Wilder, Contractor Compliance And Monitoring Inc.

Senate Bill 96, the 2017-2018 budget trailer bill, was signed by California Governor Jerry Brown on June 27, 2017 and went into effect last year. The bill contained a hodgepodge of various laws and amendments from wage increases for judges to new procedures for recall elections and several changes to the prevailing wage requirements.

Listed below is a summary of those changes.

Impacting Contractors and Public Agencies which engage in public works projects requiring the payment of prevailing wages: Impacting Public Agencies or grant recipients required to enforce prevailing wages: • No PWC-100 required to be filed when the project/ contract does not exceed $25,000 for construction, alteration, demolition, installation or repair; or 34

•

• •

•

$15,000 for maintenance work. This applies to the prime contract amount between the contractor and the Agency and not a subcontract amount.

PWC-100 form is required on all other public works project in excess of the $25,000/$15,000 limit set forth above. PWC-100 forms are to be completed within 30 days of the contract award, but not later than the first day work begins on the project.

New contract clauses are required. See Labor Code Section 1771.4 and 1860 Penalties of $100 per day worked are assessed against the Public Agency if a PWC-100 is not properly filed and/or if an unregistered contractor is allowed to work on the project.

Two or more willful violations within 12 months (failure to file a PWC-100 or allowing an unregistered contractor to work on a project) makes the Agency ineligible for State funding for construction projects for 1 year.

California Special Districts • Mar-Apr 2018

“PREVAILING WAGES STILL APPLY TO ALL PUBLIC WORKS (INCLUDING MAINTENANCE) OVER $1,000.

CONTRACTORS ARE REQUIRED TO KEEP SUFFICIENT CERTIFIED PAYROLL AND RELATED RECORDS FOR EACH PROJECT.”

• Prevailing wages still apply to all public works (including maintenance) over $1,000. Contractors are required to keep sufficient certified payroll and related records for each project.

• Agencies are still required to be cognizant of prevailing wage compliance on all projects and either report violations to the DIR or investigate and require compliance, (Labor Code section 1726).

Public works Contractors are required to comply with: • Public Contractor Registration fee increased to $400 a year.

• Starting in 2019, contractors can renew registration for up to three years at a time.

• Failure to renew registration, based on good faith mistake, allows for a penalty of $400, plus $400 registration fee if done within 90 days (by September 28) • Public Contractor Registration NOT required when the prime contract with the Agency does not exceed $25,000 for construction, alteration, demolition, installation or repair, or $15,000 for maintenance work. This applies to the prime contract amount between the contractor and the Agency and not a subcontract amount.

• Contractors who do not have to be registered because of $25,000/$15,000 exemption and do NOT have to submit certified payroll through the DIR’s eCPR system. (although the Public Agency may still request copies of CPRs) • Contractors not registered cannot work on a public works projects over the $25,000/$15,000 exemption.

• Penalty for registering after bidding on a public works contract and/or working on a public works project (without being registered) is $400 registration fee, plus $2,000 registration penalty, plus $100 a day for each day worked on a public works project without being registered up to a maximum of $8,000.

• Prime contractors who have a subcontractor which is required to be registered and is not registered are also subject to a separate fine of $100 a day for each day worked by that unregistered subcontractor up to a maximum of $10,000.

Prevailing wages still apply to all public works (including maintenance) over $1,000. Contractors are required to keep sufficient certified payroll and related records for each project.

Possible legislative corrections pending: 1. Create a provision for emergency projects allowing up to 5 days after commencement of the work for Agencies to file the PWC-100 without penalty.

2. Provide a 15-day window for an Agency, after certified payroll are received by the Agency, to identify any unregistered contractor and report the violation to the DIR without penalty.

Join us at the 2018 CSDA Legislative Days May 22-23 to hear more from Deborah Wilder and to advocate for better prevailing wage laws!

Volume 13 • Issue 2

35

MANAGING RISK

CSDA Board and Staff

We All Know That Accidents In the Workplace Happen

A

SDRMA has partnered with Company Nurse to provide Worker’s Compensation Program members with Nurse Triage services at no cost to the member.

36

lthough proper training and precautionary measures can help to reduce the number of such injuries, they can’t be fully avoided. And when they do occur, they’re a pain. A pain for the worker who’s suffering from an injury and may not know what to do next. A pain for organizations facing piles of bills from their employees’ emergency room visits. And to top that off, employers must deal with the inevitable paperwork, management of medical providers, claims investigations, and more. Employers are left spending a lot of time and money. Through utilizing nurse triage for workplace injuries, this pain can be minimized.

SDRMA has partnered with Company Nurse to provide Worker’s Compensation Program members with Nurse Triage services at no cost to the member. In addition, those Members utilizing the Company Nurse Triage Program are eligible to earn Credit Incentive Points (CIP’s) to earn an additional discount to their Annual Member Contribution.

Placing a nurse at the front-end of the workers’ comp claims process has several benefits: 1. EMPLOYEES KNOW WHAT TO DO FIRST When an employee is injured in the workplace, there can be a lot of confusion. From a stubbed toe to a serious wound, employees might not have any idea what to do next. Do they tell their supervisor first? Do they treat the wound themselves? Do they need to go to the emergency room? Where do they start? Many times, supervisors who are notified of these incidents error on the safe side and send injured employees to the emergency room no matter how big or small the injury.

Even though this may seem like the right thing to do for employees, it can mean for them hours and hours of waiting to be seen by a medical professional for injuries that only need a few minutes to be treated. When a company implements a nurse triage service for their employees, that confusion is relieved.

California Special Districts • Mar-Apr 2018

Employees and their supervisors know exactly whom to contact when an accident takes place and the employer is notified immediately of their injury.

This process also helps employees to get immediate care.

Nurse triage contact centers allow for 24/7/365 access. Right away, employees are put in touch with a compassionate nurse.

In many cases, with the nurse’s guidance, the employee can resolve the pain with 100 percent self-care. If the further medical attention is needed, the nurse guides the employee to the appropriate facility - one that has the proper equipment and medical practitioners to help with their specific injury.

The employee’s information is sent to the proper facilities so that they are seen as quickly as possible and the incident can be resolved smoothly.

2. EMPLOYEES FEEL CARED FOR This is a plus for both the employee and the employer.

When employees are given a clear process on how to handle their injuries, they know their employer cares about them and wants them to receive proper treatment. Triage nurses are experienced, patient, quick-thinking, and most important of all-compassionate. Having a compassionate nurse as their first point-of-contact, means that employees are comforted and receive immediate medical attention. Being referred to pre-approved medical facilities also gives employees the confidence that they are going to get care covered by their employer. And helping to avoid a trip to the emergency room lets them know their employer cares about their time.

Employers understand that happy employees mean less turnover and a positive culture. With nurse triage, this can also mean fewer claims, less litigation, and reduced costs.

3. EXPERT ADVICE Having a trained RN available at a moment’s notice means that the injured worker does not need to rely on the advice or decision of their supervisor. A medical expert is there to instill confidence, so the employee can stay calm during the confusion or anxiety their injury may bring. Employers can also rest assured that their employees are getting the right advice from the right people. No longer do they have to worry about supervisors making dramatic decisions (sending all injured employees to the emergency room) or making no decisions at all (ignoring their workers’ injuries). Although triage nurses are trained experts, they also have sophisticated clinical algorithms for more reliable and systematic triage of workplace injuries.

These decision trees allow for nurses to more-deeply assess and understand each worker’s unique situation. Injured workers receive the best advice for taking care of themselves and are each guided to the appropriate level of treatment.

4. EMPLOYERS SAVE TIME With a nurse at the from-end of the claims process, employers save time. Because employees are encouraged and incentivized to report their injuries immediately, there is no gap in communication. Their incident is reported, all the necessary information is recorded, and each stakeholder (including the worksite supervisor, claims adjuster, HR liaison, and RTW coordinator) is immediately notified. This instantaneous reporting is also important because it allows for organizations to have the most influence over medical care and RTW outcomes. When employees wait to report an injury, continued on page 50

SDRMA Board and Staff Officers

Staff

JEAN BRACY, SDA, PRESIDENT, Mojave Desert Air Quality Management District

C. PAUL FRYDENDAL, CPA, Acting Chief Executive Officer

ED GRAY, VICE PRESIDENT, Chino Valley Independent Fire District

DENNIS TIMONEY, ARM, Chief Risk Officer

SANDY RAFFELSON, SECRETARY, Herlong Public Utility District

ELLEN DOUGHTY, ARM, Chief Member Services Officer

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

Consultants LAUREN BRANT, Public Financial Management ANN SIPRELLE, Best Best & Krieger, LLP DAVID MCMURCHIE, McMurchie Law DEREK BURKHALTER, Bickmore Risk Services & Consulting

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

CHARICE HUNTLEY, River City Bank DAVID BECKER, CPA, James Marta & Company, LLP KARL SNEARER, Apex Insurance Agency DOUG WOZNIAK, Alliant Insurance Services, Inc.

Volume 13 • Issue 2

Special District Risk Management Authority 1112 I Street, Suite 300, Sacramento, CA 95814 tel: 800.537.7790 • www.sdrma.org

37

MONEY MATTERS

DEBT ISSUANCE

Telling Your Story

By Mark B. Campbell Executive Director, California Debt and Investment Advisory Commission

T

he push for greater transparency is everywhere these days. The thought being that access to financial records, research data, even the personal calendars of elected officials will remove barriers and eliminate distrust between parties. The very tenets underlying a democratic society include open access to the business of government. Laws requiring notification of public meetings and the retention and release of public documents have been on the books for years.

But here’s the paradox, for all that transparency does to promote collaboration and understanding, it can also engender misunderstandings that may leave public agencies feeling exposed and at risk.

As the demand for governmental data grows public agencies should act proactively to take control of their information. Managing what is available and how it is presented may limit or negate the misuse, misinterpretation, and mischaracterization of the core facts associated with governmental operations.

Data on the use of debt by public agencies in California is available from a variety of public sources, including the California Debt and Investment Advisory Commission (CDIAC), the State Controller’s Office, the Municipal Securities 38

Rulemaking Board (MSRB), and a number of commercial sources, including Thompson Reuters. Each provides a piece of the whole picture. But because of the differences in the form and structure of the data published by these organizations it is nearly impossible for taxpayers, policy makers, and market analysts to fully understand the costs and benefits of the debt issued. To provide the greatest value to users of this data public agencies should take ownership of their data to tell their own “story.” This will require them to adopt new tools to track and manage the data generated by their debt programs.

Where Does Your Debt Data Now Reside?

The California Legislature created CDIAC in 1983 to act as the state’s clearinghouse of bond issuance. The data submitted by issuer reveals the WHO and HOW public agencies in the State use debt to finance facilities and operations. CDIAC has published the data in both electronic and print form since 1986.

In 2016, The State Treasurer’s Office launched DebtWatch, an interactive website providing a user-friendly portal to CDIAC’s debt issuance data. The public can use the charts and tables available in DebtWatch to determine the amount and purpose for which their city or school district has issued debt.

That same year, the Governor signed Senate Bill 1029 (Chapter 307, Statutes of 2016), creating the Annual Debt Transparency Report and requiring issuers to provide CDIAC (for each bond issue sold after January 2017) an accounting of the principle and authority outstanding and how they have spent the proceeds of that debt. CDIAC will begin publishing this information on DebtWatch sometime in 2018.

California Special Districts • Mar-Apr 2018

SB 1029 offered a fix to a problem that infrequently afflicts public agencies that issue “Public agencies are generally required bonds, namely, the misuse or theft of bond funds. In 2015, a special task force convened to produce an annual financial report

by State Treasurer John Chiang in response to that accounts for the assets and the fraudulent use of proceeds by an issuer in liabilities of the agency, submit such the Bay Area recommended that issuers create and maintain a website to report on the use of data to the State Controller, and present bond funds for the benefit of their constituents. it in financial statements or a CAFR.” The report did not provide specific guidance on the form or structure of the data publish but encouraged each issuers to make those decisions based on community interests.

Differences in Scope—Some data providers offer Public agencies are generally required to only a slice of the pie. EMMA, for example, contains only produce an annual financial report that accounts for the publicly traded debt and not privately placed debt. The State assets and liabilities of the agency, submit such data to the Controller’s transactions reports do not cover school spending.

State Controller, and present it in financial statements or The limitations in the data and in the structure of the a CAFR. In the content of these reports, readers will find state’s mandated reporting regime make it harder for users information on the debts of the agency, including longto understand the costs and benefits of debt financing. term and short-term obligations. Agencies that have issued public debt are required by the Securities and Exchange Commission to post their financial statements on the continued on page 40 MSRB’s Electronic Municipal Marketplace Access website.

Limits to the Existing Reporting Regime

The data available through CDIAC, the State Controller, or the issuer’s audited, annual financial report or CAFR meet the issuer’s legal obligations under state and federal law. But they do not provide a complete or timely picture of the agency’s debt programs and, as a result, deprive data users of a complete understanding of the costs and benefits of debt financing. This system of reporting suffers from several flaws.

Meaning and Interpretation—Differences in data structure, including definitions and reporting periods, create differences in how issuers reports debt. For example, CDIAC defines short-term debt as anything less than 18 months while accounting practice defines it as less than 13 months. Until recently, the State Controller’s transactions report was due before many agencies had completed their audits, leading to potential disparities between reports for the same expenditures.

Data Structure—Most financial reports address the instruments of debt independently even though many projects are financed with multiple instruments. If the data structure uses the debt issue as its base, as CDIAC does, it will be possible to understand what was issued but it will be difficult to determine how one issue relates to another and then to a project.

Volume 13 • Issue 2

CSDAFC Board and Staff Officers JO MACKENZIE, PRESIDENT, Vista Irrigation District PAUL HUGHES, SECRETARY, South Tahoe Public Utilities District MATTHEW MCCUE, TREASURER, Mission Springs Water District

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

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

Staff NEIL MCCORMICK, CEO CATHRINE LEMAIRE, Program Manager BETH HUMMEL, Executive Assistant RICK WOOD, Finance & Administrative Director

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

39

MONEY MATTERS

For example, most public agencies, particularly the State, organize their debt data by authority or program. A water project, in this example, may be financed with several different bond issues over several years. Because of the structure of existing reports, however, it will be difficult for a taxpayer to discern how much debt was used to finance which projects. Issuers may fully comply with their reporting obligations and still find that the limits to the quality, timeliness, and application of the data leave them at risk that users will misinterpret the public benefit of debt.

Voluntary Disclosure of Bonded Indebtedness

In 2006, Governor Arnold Schwarzenegger worked with bi-partisan support in the Legislature to launch the most aggressive infrastructure financing plan in California history. The Strategic Growth Plan, as it was called, sought to invest billions in restoring and expanding highways, roads, transit systems, schools, courthouses, levees, and water systems. In 2006 voters approved $42.7 billion in general obligation bonds as the first installment on the plan.

Shortly thereafter, the Governor’s Office created the Strategic Growth Plan Bond Accountability website to “enhance transparency in state activities, and earn the trust of voters who approved a historic level of bond funding…” That website set a standard for providing detailed information on the projects financed by the bonds. And yet, this practice remains uncommon among local governments in the state. Why is that?

Data Access—Many issuers operate multiple financial systems for accounting, cash flow, payments, etc. It is very common for mid- and small-sized public agencies to use spreadsheets to manage their debt and a separate accounting platform to handle operations. Equally as common is the dependence upon 3rd party administrators to manage bond proceeds and debt payments and to 40

report on these transactions. As a result, access to data for reporting purposes may be constrained or costly to obtain.

Lack of Resources— Developing and maintaining a website to display an agency’s debt program can be difficult and costly. It requires sufficient insights to produce a platform that easily and effectively communicates the program purposes, activities, and accomplishments. Lacking good data and a data management system further complicates efforts to generate reports, charts, and tables that are needed.

Fear of Exposure— Lacking good data and the capacity to build and maintain a website, many agencies fear the worst from

posting anything at all. Public agencies are aware of the risk that “no good deed goes unpunished” in the public sector. Rather than lessening debate, publishing more information may feed misunderstandings and generate more mitigation work for agencies.

Regulatory Confusion— The increased scrutiny paid to the municipal market by regulators since 2009 has left many issuers uncertain about the risk of reporting more than what is required by federal or state laws. Even though the MSRB has invited issuers to voluntarily use EMMA to create an issuer webpage, few have done so. In part because there is no standardized “cook book” for producing such reports as there is for corporate entities.

Mission Springs Water District Refinancing Saves $$ CSDA Finance Corporation recently closed a $2.4 million refinancing for Mission Springs Water District. Here’s what Matt McCue, Director of Administrative Services had to say.

“We estimate that we will save at least $150,000 as a result of the refinancing. CSDA Finance Corporation and consultant Bill Morton made the whole process easy, smooth, and painless.

They are very responsive, thorough, and knowledgeable. It couldn’t have gone better.”

California Special Districts • Mar-Apr 2018

Self-Determinism—A New Paradigm for Public Agencies

Public agencies are subject to two environmental forces that are reshaping the relationship between issuers of debt and taxpayers. The first is the work of regulators and lawmakers to make public financial information more transparent. SB 1029 suggests that the State will continue to demand more information from issuers of debt. At the same time it is CDIAC’s intention to expand the scope and functionality of DebtWatch over time to maximize the value to issuers and their constituents.

The second trend affecting public agencies in California is the demand for more accountability. Social and political activism is on the rise and with it an expectation among voters and taxpayers that their public servants be accountable to them. Public agencies can expect more community members to demand to know how funds were spent and what projects were built with debt proceeds. In the 2017 Legislative session, there were no less than three proposals seeking to expand the authority of school bond oversight committees.

The pressure to publish debt data will not likely abate even though public agencies are facing challenges that put them at risk of releasing bad or out-of-date data. To meet the needs of their constituents issuers should take control of their data. They should enhance recordkeeping and

Volume 13 • Issue 2

“The pressure to publish debt data will not likely abate even though public agencies are facing challenges that put them at risk of releasing bad or out-of-date data.”

accounting systems to track outstanding debt and the uses of proceeds. They should harness the power of technology to use data to interpret and represent the full scope of their program activities and the role of debt in them. Using the format created by the Governor’s Bond Accountability website, they should report on project expenditures and statuses on a dedicated bond website. By proactively tracking and reporting on their debt programs issuers can limit miscommunication and misinterpretation. More importantly, they can foster trust between themselves and the community they serve, increasing the chances that they will receive continued support from taxpayers for future debt-financed projects.

41

DISTRICTS MAKE THE DIFFERENCE

Orange County Mosquito and Vector Control District Uses Public Outreach to Engage Constituents

O

range County Mosquito and Vector Control District recently received the “2017 Integrated Pest Management Achievement Award” from the California Department of Pesticide Regulation.

The IPM Achievement Award is considered one of the California Department of Pesticide Regulation’s highest honors and is awarded to agencies and organizations that demonstrate innovative strategies based on scientific

Orange County Mosquito and Vector Control District Receives 2017 Integrated Pest Management Achievement Award at a ceremony on Monday, February 12 at the California Environmental Protection Agency Headquarters in Sacramento.

principles of Integrated Pest Management, including a preference for practicing preventative measures and using beneficial organisms for pest control when feasible.

“In recent years, District staff has worked hard to find innovative ways to apply Integrated Pest Management principles when addressing the management of mosquitoes, rats, and Red Imported Fire Ants,” says Orange County Mosquito and Vector Control District Manager Rick Howard. “Our

goal is to protect public health while leaving the smallest environmental footprint possible. We are honored to be recognized by the Department of Pesticide Regulation for our efforts.”

The Orange County Mosquito and Vector Control District was recognized for a variety of techniques, including many of which focused on public education and outreach, including; • Establishing a Door-toDoor Team to provide education and one-on-

one home inspections when responding to nuisance and disease carrying Invasive Aedes mosquitoes and travel-acquired human disease cases.

• Development of a mobile outreach unit and an inflatable mosquito display capable of being deployed to communities with mosquito activity, and implementation of a school-based

Check out a video of Orange County Mosquito and Vector Control District’s efforts on the Districts Make the Difference social media pages.

Search @CASpecialDistricts on Facebook or @CA_Districts on Twitter.

42

California Special Districts • Mar-Apr 2018

classroom education program led by a certified educator in 2016.

• Re-focusing of the Rat Control Program to an education-based program that considers rodenticide placement only if certain conditions are met, resulting in a significant decrease in rodenticide use in 2016.

• Launching a West Nile Virus High Risk Area Initiative targeting nine cities that have recorded the highest abundance of West Nile virus human cases since 2004.

The initiative focused on collaborations with targeted cities to increase awareness and education within the communities most impacted by West Nile virus.

California Department of Pesticide Regulation urges California agencies to utilize Integrated Pest Management to reduce the use of traditional pest control practices. Agencies are also encouraged to use research, strategic planning and cultural and environmental means to prevent and address pest management issues.

Orange County Mosquito and Vector Control District’s giant inflatable mosquito used in public education and outreach efforts.

Become a Part of Public Engagement CSDA created the campaign with you in mind and we encourage you to utilize Districts Make the Difference as a tool to help with your public outreach and engagement. On the campaign website, you will find valuable tools, and free marketing materials designed to help you connect with your communities. It is through such outreach that we hope you will be able to actively engage the general public in our collective efforts to further create a positive environment for special districts.

A public outreach campaign supported by the California Special Districts Association to provide information about special districts, descriptions on how they serve communities, and compelling content. Visit us at districtsmakethedifference.org.

Volume 13 • Issue 2

MAKE THE

43

IN BRIEF

Union Sanitary District Celebrates its Centennial Anniversary with an Open House Event – CSDA Members Invited Union Sanitary District (USD) is celebrating 100 years of providing wastewater collection, treatment, and disposal services to its communities with a look back at its history, a look forward to the future, and an Open House event on Saturday, May 19, 2018, from 10:00 a.m. to 2:00 p.m. to share some family-friendly fun with customers. CSDA members are invited to attend as the District features treatment plant tours, kid-friendly activities, demonstrations, displays, giveaways, and refreshments.

44

USD’s original boundaries encompassed 3,300 acres in what was known as Southern Alameda County in the East San Francisco Bay Area. The area was primarily farm and ranchland well into the twentieth century, and septic tanks were typically used for wastewater disposal. Today, USD’s service area covers over 60 square miles (about 38,400 acres) and serves over 350,000 residents in the cities of Fremont, Newark, and Union City, with over 113,000 residential, commercial, and industrial

California Special Districts • Mar-Apr 2018

USD’s original boundaries encompassed 3,300 acres in what was known as Southern Alameda County in the East San Francisco Bay Area. The area was primarily farm and ranchland well into the twentieth century, and septic tanks were typically used for wastewater disposal. Today, USD’s service area covers over 60 square miles (about 38,400 acres) and serves over 350,000 residents in the cities of Fremont, Newark, and Union City, with over 113,000 residential, commercial, and industrial connections.

connections. Total flow to its Alvarado Treatment Plant in Union City was over 8.5 billion gallons in 2017, and averages between 22 and 24 million gallons daily.

“Our service area has grown and changed significantly since our founding year,” says General Manager Paul R. Eldredge.

“USD has constantly Volume 13 • Issue 2

innovated throughout our history to meet the needs of our communities while fulfilling our mission to protect public health and the environment. We look forward to continuing that commitment far into the future.”

USD’s Centennial Open House will be the highlight of its celebratory year. A

previous event held in 2015 was a smash-hit with the community – over 1,100 attendees enjoyed visiting booths and chatting with District staff. “We’re busy planning even more fun ways for kids and adults to learn about the District during the Centennial event,” says Eldredge. “We’re proud to demonstrate how special

districts like USD are uniquely qualified to provide the highest level of dedicated service to our customers.”

To learn more about the Centennial Open House, visit the USD’s website at www.unionsanitary.ca.gov, view its Facebook page, or call 510. 477.7500.

45

IN BRIEF

EMWD Sewer Smart Program Eastern Municipal Water District (EMWD) is asking customers to be “Sewer Smart” and do their part in properly disposing of medicines and personal hygiene products by not flushing them down the toilet or drains and into the sewer system.

By responsibly limiting what is placed into the sewer system, EMWD customers can limit blockages within the wastewater collection system and treatment plants and help protect water quality. Blockages can be costly to repair, pose public health risk and, if they result in a sewer spill, may carry administrative penalties from regulatory agencies.

Unused medications should be returned to a participating pharmacy that can properly dispose of the medication or through a National Take Back program sponsored by a local law enforcement agency, such as the 46

Riverside County Sheriff’s Departments or Hemet Police Department. Customers may also use a drug disposal pouch that can be obtained through a local pharmacy or from Eastern Municipal Water District’s Main Office During normal business hours.

The pouches are designed to deactivate pill, liquid and patch medications so they can then be disposed of within the household waste.

The U.S. Food and Drug Administration also provides steps to making your own at-home drug disposal pouch. Without crushing tablets or capsules, simply mix your medications with dirt, kitty litter, or use coffee grounds; place the mixture in a sealable zip-top plastic bag; and throw the sealed bag away in your household trash.

In addition to medications, customers are asked to avoid flushing

wet wipes, cotton swabs, cotton balls and other non-biodegradable hygiene products into the sewer system.

Many brands of personal wet wipes have packaging that describes them as “flushable” but the wipes are not biodegradable and remain completely intact for many years when submerged in water. The wipes can clog wastewater collection systems and damage filters at wastewater treatment plants, causing potentially costly repairs to facilities.

“By not placing medications and hygiene products into the sewer system, customers can help us keep costs low and protect the environment,” EMWD President David Slawson said. “Small steps that customers take have the ability to make the biggest impact and benefit us all. We appreciate the work of our customers in properly disposing of the items.”

California Special Districts • Mar-Apr 2018

Business Affiliate Special Acknowledgements BUSINESS AFFILIATE

BUSINESS AFFILIATE

DIAMOND LEVEL

PLATINUM LEVEL

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

Best Best & Krieger www.bbklaw.com

Pacific Gas & Electric Company www.pge.com

Meyers Nave www.meyersnave.com

Hanson Bridgett www.hansonbridgett.com

Umpqua Bank www.umpquabank.com

BUSINESS AFFILIATE

GOLD LEVEL

Aleshire & Wynder www.awattorneys.com

Five Star Bank www.fivestarbank.com

REC Solar www.recsolar.com

Burke, Williams & Sorensen www.bwslaw.com

Hermocillo-Azevedo Strategic Communications | www.hastrat.com

Richards Watson Gershon www.rwglaw.com

California CAD Solutions www.calcad.com

Liebert Cassidy Whitmore www.lcwlegal.com

SmartWatt Energy www.smartwatt.com

CPS HR Consulting www.cpshr.us

Nossaman www.nossaman.com

Streamline www.getstreamline.com

CV Strategies www.cvstrategies.com

PARS www.pars.org

Tyler Technologies www.tylertech.com

Got 20 minutes?

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Their website building platform was designed specifically for local government, with a meeting dashboard that allows you to add meetings, agendas, minutes, and even includes an agenda reminder so you never miss a Brown Act posting deadline. The built-in transparency guidelines make it easy to publish the content required by the state (or to go a step further and achieve the SDLF transparency certification!), and the content management system makes adding and updating content easy. And since Streamline is Software as a Service, your monthly subscription includes all future releases, enhancements, and updates, as well as unlimited support. You’ll never have to go back to your board to ask for more money to update your website!

CSDA members receive a discount on already low subscription rates.

Visit www.getstreamline.com for pricing or to request a demo.

Volume 13 • Issue 2

Streamline has partnered with the Special District Leadership Foundation on a new scholarship opportunity designed to increase transparency and accountability among some of California’s smallest special districts.

47

BUSINESS DIRECTORY

ACCOUNTING

CONSULTING

SPECIAL DISTRICT AUDITOR Bob Johnson, CPA “Experienced” Serving Northern and Southern California

James Marta & Company LLP

CERTIFIED PUBLIC ACCOUNTANTS Accounting, Auditing, Tax & Consulting

SPECIAL DISTRICT FINANCIAL SERVICES

(916) 723-2555

AUDIT, ACCOUNTING & CONSULTING

E-mail: robertwjohnsoncpagroup@gmail.com

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

ARCHITECTURE

RESPONSIVE CREATIVE SUSTAINABLE

2.5 W x 2.55 IN H bw FINANCING • Infrastructure Improvements • Buildings, Land & Equipment • Refinancing

W W W . W YA R C H . C O M

877.924.2732 csdafinance.net CONSTRUCTION

FINANCIAL INVESTMENTS

MM Diving Inc.

Ralph Andersen & Associates

(707)954-0623

Raw, AWWA Potable and NFPA25 Fire Water Tank Inspection, Cleaning and Repair. Dedicated diving equipment with helmet mounted color video and UT thickness equipment.

MMDIVINGINC.com Vic@mmdivinginc.com

LEADERSHIP

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

A Nationwide Leader in Executive Search & Human Resources Consulting

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

www.bartlewells.com

www.ralphandersen.com

OTHER

Special District Leadership Foundation

Effective Public Outreach Practical Strategic Planning

Get Recognized. www.sdlf.org 48

408/374-0977 info@rauchcc.com www.rauchcc.com CSDA Magazine Name • Mar-Apr 2018

LEGAL

Best Law Firm for Special Districts

www.BBKlaw.com Indian Wells | Irvine | Los Angeles | Ontario Riverside | Sacramento | San Diego Walnut Creek | Washington, D.C.

CHOOSE WITH CONFIDENCE.

Your ad here.

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

Proudly serving California Special Districts for over 35 years.

- Employment Law - Wage and Hour - Labor Relations - Business and - Litigation Construction Law - Retirement - Preventive Training www.lcwlegal.com

www.

P O R T E R S C O T T . com

888.479.4529

Since 1954

rwglaw.com

Nossaman LLP provides full-service legal representation including:

■ Eminent

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Proudly serving as Bond Counsel and Consultant to CSDA

Best Defense for Special Districts

P S

Providing practical legal solutions tailored to the unique needs of California public agencies.

Burke provides a wide array of legal services for Special Districts throughout California.

General Counsel  Transactions  Litigation Personnel  Labor Negotiations  Training Environmental Issues  Construction Law

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

800.333.4297  bwslaw.com

RISK MANAGEMENT

Saving is Believing.

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

Health | Property & Liability | Workers’ Compensation

49

MANAGING RISK CONTINUED they might have already visited an ER and taken what they thought was necessary time off of work.

Not only does this allow for employers to save time from the reduction of late-reported injuries, but it helps them to escape the mountains of tedious paperwork that workplace injuries inevitably bring. The nurses take care of the reporting in real time, immediately delivering the information to all the stakeholders.

Nurse triage can lead to a decrease in claims by up to 20 percent and reduce claims costs by 30 percent. Because employees receive nurse triage through a contact center, these interactions are recorded. Not only does this ensure that the quality of these triage services is managed, but it also allows for documentation of the incident.

50

5. EMPLOYERS SAVE MONEY Nurse triage actually helps organizations to reduce their costs.

Employers may fear that communicating workers’ compensation information would lead to an increase in their employees filing claims. Instead, sharing this information reduces medical, disability, and litigation costs. Supervisors tend to send injured workers to the emergency room.

However, this level of care is usually not necessary. Many times, the nurse can guide the injured worker through self-care and recommend over-the-counter medications. The employee may not even need to seek any further medical help, leading to a 10 to 30 percent claims reduction. If the circumstances do call for more medical care, the nurse will direct the injured worker to a pre-designated facility. This ensures employees are getting treatment at medical centers that the organization approves, avoiding being overcharged. If incidents are reported at the time of injury, medical costs can be dramatically reduced. Implementing nurse triage to take place directly after an incident can many times prevent injuries from becoming workers’ comp claims. A slight cut can quickly become a dangerous infection. Having a nurse assess the incident right away ensures that these minor injuries don’t become anything more. Statistics show that reporting an incident on the day it occurs reduces medical spending by 18 percent compared to waiting two weeks to report it, 29 percent compared to waiting three weeks, and 45 percent compared to waiting five weeks. The

faster claims are addressed and handled, the less they cost.

6. NURSE TRIAGE REDUCES LITIGATION Nurse triage can lead to a decrease in claims by up to 20 percent and reduce claims costs by 30 percent. Because employees receive nurse triage through a contact center, these interactions are recorded. Not only does this ensure that the quality of these triage services is managed, but it also allows for documentation of the incident. If the incident results in a claim, this documentation is available to help avoid fraud and reduce litigation. As previously discussed, nurse triage ensures employees that their organization cares for them and will help them get the medical care that they need. And when employees feel cared for by their organization, the rate of litigation and false claims declines. Accidents happen.

With nurse triage, handling workplace injuries isn’t so painful anymore.

7. ACCESSIBILITY The Company Nurse Triage Injury Report Line (1-877-518-6711) is available 24/7/365 to employees and employers. The injured employee can call Company Nurse to report the injury and a Triage Nurse will review the nature and extent of the injury to determine if medical care is required. If the employee requests medical care, the employee is referred to the Primary Medical Provider selected from the Medical Provider Network (MPN). An electronic report is generated and sent to the employer representative, the Medical Provider, Claims Administrator (York) and SDRMA. These reports are issued an Incident Number and can be updated by the employee or employer as more information is received.

Paul Binsfeld is the president and founder of Enspiri Solutions and Company Nurse, LLC. For additional information on the Company Nurse program or for other Safety/Loss Prevention services by SDRMA, please contact SDRMA Chief Risk Officer Dennis Timoney at 800.537.7790 or email Dennis at dtimoney@ sdrma.org.

California Special Districts • Mar-Apr 2018

SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY

Risk management requires a well-balanced team.

For over 30 years, our goal has been to serve as an extension of your staff. We provide full-service risk management programs to California public agencies including Property/Liability, Workers’ Compensation and Health Benefits coverages.

We’ve built up member programs that surpass anything else on the market and we do it in a way that forms a sturdy foundation for all your coverage and risk management needs.

Learn more about what we do and how we can protect your agency at www.sdrma.org or 800.537.7790.

Volume 13 • Issue 2

Trusted Risk Management

✷

800.537.7790

✷

www.sdrma.org

51

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

THE TOAST OF OUR TOWNS.

It’s an office tradition to frequently raise our glasses to new milestones, both professional and personal, and in the past year we were fortunate to have a lot to celebrate. We begin 2018 with yet another reason to propose a toast. As familiar faces and dependable sources of advice, to both clients and coworkers, we are proud to welcome Nubia Goldstein and Robin Baral as Churchwell White LLP partners. Their exceptional work and ability to make the best of any situation, make our districts—and office—a better place.

At Churchwell White, we understand that results are created by people. Together, our team of lawyers and legislative advocates combine unexpected ideas with decades of proven experience. If you need a strategic partner with creative solutions, call to see what we can do for you.

PUBLIC LAW

| GOVERNMENT RELATIONS | REGULATORY ADVOCACY | CHURCHWELLWHITE.COM