C ALI FO R N I A
SPECIAL DISTRICTS Vo l um e 13, I s s u e 3
A Publication of the C alifornia Special D is tr ic ts A s s oc iation
Interview with Senator
Kevin de León PLUS...
Strategies to Manage Increasing Pension Costs
Ask the Experts State and Federal Website Requirements Explained
Buyer’s Guide
Csda’s 2018
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Managers Corner Creating an Awesome Culture
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California Special Districts • May-June 2018
P O R T E R
S C O T T
ATTORNEYS We value the public trust bestowed on us as representatives of public agencies. With over 42 years of experience in public entity liability, we understand the ever-changing environment in which public entities function and that any involvement in litigation raises issues beyond the particular lawsuit. From dangerous condition claims, to contract disputes, to employment matters, to constitutional actions, we will continue to provide superior representation and protect our public agency clients and the communities they represent.
Volume 13 • Issue 3
www. P O R T E R S C O T T.com
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TABLE OF CONTENTS
Interview with Collette Carlson
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05 CEO’s Message 06 Professional Development 08 CSDA News 10 You Ask, We Answer: Ad Hoc Committees
Managing Risk: Spring Safety/ Claims Education Day and Legal Update Interview with Senator Kevin de León
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24 Community Connections: Ventura County Leadership Academy 38 Solutions & Innovations: Local Governments Face Talent Crisis
12 Ask the Experts: 40 Take Action: State and Federal Possibility of Website Requirements Redevelopment Explained Agencies Rising with AB 3037 and AB 1778 18 Movers and Shakers
For editorial inquiries, contact Vanessa Gonzales, Communications Specialist at 877.924.2732 or vanessag@csda.net.
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42 Managers Corner: Creating an Awesome Culture 46 Legal Brief: Converting From At-Large to By-District Elections 52 Money Matters: Strategies to Manage Increasing Pension Costs 54
Districts Make the Difference: Watch the Latest Districts Make the Difference Video
For advertising inquiries, contact CSDA at 877.924.2732 or advertising@csda.net.
California Special Districts • May-June 2018
CEO'S MESSAGE
Is Your District a ‘District of Distinction’? New Levels Announced! CSDA’s affiliate organization, the Special Neil McCormick District Leadership Foundation CSDA CEO (SDLF), is an independent, non-profit organization that was formed to promote good governance and best practices among California’s special districts through certification, accreditation, and other recognition programs. As we continue to enhance the programs and opportunities, I’m pleased to announce that new this year, SDLF has developed additional ways for districts of all types and sizes to be recognized through the SDLF District of Distinction Accreditation program. We know your district has worked hard and SDLF wants to showcase those efforts!
There are now three new accreditation levels of gold, silver, and platinum for the District of Distinction Accreditation that provide enhanced opportunities to highlight a district’s progression through the various SDLF programs. Additionally, the levels validate the dedication of both board members and staff at a district to further continue comprehensive professional development as well as focus on good governance and the implementation of core best practices as a public agency. Now is the time to join many of your colleagues and districts throughout California by starting your journey through SDLF programs and reaching for Platinum Level recognition. See page seven in this issue of California Special Districts for details on each of the levels. You can also find more information and applications for all SDLF programs at sdlf.org. Demonstrate to constituents and other stakeholders your commitment to implementing best practices in management, administration, transparency, and governance in YOUR district!
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-Attorney
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 3
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
Connie Podesta (left) Derreck Kayongo (right)
CSDA Annual Conference & Exhibitor Showcase Keynotes Selected Attendees at the 2018 CSDA Annual Conference & Exhibitor Showcase, September 24 – 28 in Indian Wells can look forward to two dynamic keynote speakers – human behavior and leadership development expert Connie Podesta and former refugee turned global human rights activist and former CEO Derreck Kayongo. On Tuesday, September 25 Connie will kick-off the conference with her session “Stand Out Leadership…Lead Like You Mean It!” which focuses on the power of accountability and ownership to increase performance. With her signature blend of comedy and “tell-itlike-it-is” delivery, Connie takes you inside the minds of even your most difficult employees so you can turn negative attitudes into positive, entitlement into accountability, complacency into productivity, complaining into solutions and “that’s not my job” into ownership. On Wednesday, September 26 Derreck Kayongo will share his remarkable story of transformation to illustrate the power of creativity and observation to solve any challenge 6
in his Special District Risk Management Authority (SDRMA) sponsored keynote session “Harnessing Your Power to Create Change.” As Founder of the Global Soap Project, Kayongo has built a multi-million-dollar venture which takes recycled soap and distributes it through global health programs to people who lack access to it around the world. He breaks down the key factors that have led to his personal success, (S.E.L.F.) Service, Education, Leadership and Faith, and shares his account of life as a Ugandan refugee and the turning point which lead him to a brilliant transformation as a social entrepreneur. He calls upon audiences to stop complaining and to start taking responsibility, to consistently seek opportunities to improve, and most importantly, to maintain faith in yourself and your team to create an environment where everyone is empowered to thrive. He brings you on an emotional journey –there will be tears of joy; most of the time, laughter. But every time, the story is real. For more information on the 2018 CSDA Annual Conference & Exhibitor Showcase visit csda.net.
More information on the agenda and registration for the 2018 CSDA Annual Conference and Exhibitor Showcase can be found online at csda.net. Or take a look at the marketing materials accompanying this issue of California Special Districts!
California Special Districts • May-June 2018
Special District Leadership Foundation
Take Your District to the Next Level! Is Your District a District of Distinction? The District of Distinction is an accreditation program that enables districts to demonstrate to their communities, legislators, and other key stakeholders, their commitment to operate in a sound, responsible manner. Districts apply for designation as a District of Distinction by submitting financial audits, policies and procedures, and proof of training received by directors and executive staff. Showcase your district’s efforts to be among the best and take your district to the next level!
SDLF’s base level accreditation confirming core administration and governance best practices.
District of Distinction
Transparency Certificate
Demonstrates a district’s commitment to take their district to the next level by also incorporating governance training as a core value.
District of Distinction
Transparency Certificate
SILVER
Demonstrates a district’s commitment to transparency, sound operating practices, and comprehensive governance training for the entire Board.
Transparency Certificate
GOLD
SDLF’s highest level of recognition for a district. Incorporates completion of all SDLF programs demonstrating a comprehensive approach to excellence in district administration and governance.
Transparency Certificate
Recognition in Governance (Full Board and General Manager)
Contact SDLF for more information
t: 916.231.2909 • e: info@sdlf.org • sdlf.org
DISTRICT OF DISTINCTION
Recognition in Governance (Full Board and General Manager)
District of Distinction
DISTRICT OF DISTINCTION
Recognition in Governance (Majority of Board)
District of Distinction
DISTRICT OF DISTINCTION
DISTRICT OF DISTINCTION
SDA Certification (General Manager)
PLATINUM
CSDA NEWS
2018 CSDA Award Nominations are Now Open! Deadline: July 20
Each year, CSDA presents various awards during the CSDA Annual Conference & Exhibitor Showcase. There are several different categories to enter your district, chapter, and/ or an individual. All nominations must be submitted by July 20, 2018. These awards include: Board Member of the Year, General Manager of the Year, Staff Member of the Year, William Hollingsworth Award of Excellence, CSDA Chapter of the Year, Innovative Program/ Project of the Year, and Exceptional Public Outreach & Advocacy. For more details about the awards criteria and overall process, visit www. csda.net/about-csda/get-involved/awards. Be thinking of people, districts and projects that are worthy of an award! Contact Communications Specialist Vanessa Gonzales at 877.924.2732 or at vanessag@csda.net with any questions.
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Recent Updates Made to CSDA Sample Policy Handbook SB 396, effective as of January 1, 2018, added a new element to harassment prevention training. By law, employers must now include a component regarding gender identity, gender expression, and sexual orientation. In keeping with the spirit of this new law, CSDA recently updated our Sample Policy Handbook with a new “Inclusive Workplace Policy.”
It is crucial that every agency has a comprehensive set of policies in place. These policies are the link between your agency’s mission and vision as determined by your Board of Directors and its day-to-day operations as implemented by staff. The CSDA Sample Policy Handbook is a collection of over 100 attorney-reviewed policies is delivered on a USB drive and includes policies for boards and board meetings, administration, personnel, and more. Your purchase includes an annual subscription for quarterly updates and additions. Visit the online Bookstore at www.csda.net for more information.
Commercial Card Program Adds More Participants Than Ever As of May 1, 2018, the new CSDA Commercial Card program by Umpqua Bank has 68 active participants, with more in process! Agencies of all types and sizes now have a convenient and secure method for making purchases and vendor payments, while earning at least 1% cash back rebate on their spend. Learn how your district can benefit by using the CSDA Commercial Card by contacting member services at 877.924.2732.
Save Money, Time & Effort with ValueAdded Benefits CSDA membership provides a variety of programs to add to your agency’s bottom line – everything from discounted car rentals to pooled investment options and more. Join us for a free webinar on August 10, 2018 to learn the details. Register at csda.net
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
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Volume 13 • Issue 3
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Questions Appear in CSDA Communities
YOU ASK, WE ANSWER
Q&A
Ad Hoc Committees
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Steve Trotter, Director Chester Public Utility District I have seen four items on our agenda that are listed as Ad Hoc Committees. They have been listed that way for more than a year. When do Ad Hoc Committees end and Standing Committees begin? Which would these be? Is this OK?
Larry Crabtree, Principal Consultant, Crabtree Consulting Services, LLC It really doesn’t matter what you call a committee (Ad Hoc, Standing, Advisory, etc.). What matters is the composition of the committee and its meetings. To keep it simple, ALL committees established by Board action (motion, resolution, policy, etc.) are covered by the Open Meeting Law EXCEPT a committee that: 1. Is composed of ONLY Board Members; and, 2. Is composed of less than a quorum of Board Members; and, 3. Does NOT have continuing subject matter jurisdiction, is NOT perpetual, and will be disbanded once its task(s) is completed. For example: A search for a new GM does NOT have continuing subject matter jurisdiction, while a finance committee probably DOES HAVE continuing subject matter jurisdiction; and, 4. The Board does NOT set the meeting dates / times for the committee (the committee itself established its meeting dates, times and locations). A committee meeting the criteria above is not covered by the Open Meeting Law. It may have staff support such as a secretary to take minutes, HR staff to provide technical advice, etc., so long as the staff support folks are NOT committee members. A committee established by staff, including the GM (or equivalent) is NOT covered by the Open Meeting Law; however, if that committee includes a quorum of the Board, then any Committee Meeting is also a Board Meeting (Special) and, as such, is covered by the Open Meeting Law. Brent Ives, President BHI Management Consulting There’s good advice in these responses. I’ll add or clarify some. 1. Only make Ad Hoc Committees for a very specific purpose, to answer a specific question within an estimated timeframe. 2. Even if law doesn’t require a specific public inclusion process, it can still be a part where appropriate. Open up where possible. 3. There are times when Ad Hoc’s are formed to make a Board statement of gaining control. Sometimes needed, many times not. Often there is something else going on here!
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!
California Special Districts • May-June 2018
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Volume 13 • Issue 3
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ASK THE EXPERTS
State and Federal Website Requirements Explained Based on a session at the CSDA General Manager Leadership Summit: What You Don’t Know Can Hurt You, presented by Sloane Dell’Orto, founder of Streamline.
Special district websites must comply with federal and state mandates, but how do you keep up with changing requirements? The state doesn’t send you a letter after they’ve passed a new mandate, let alone give you some heads up beforehand. (And, how would you know Section 508 guidelines changed January 2018?) Luckily members can turn to CSDA for help when it comes to online requirements. Currently there are only six related to California special district websites: 1. Section 508. California follows the Federal ADA (Americans with Disabilities Act, commonly known as Section 508, for online accessibility guidelines. This includes everything from color contrast and font size for visitors with a vision impairment to the ability for blind visitors to access your site using a screen or braille reader. Requirements became a bit more stringent in January 2018, so it’s a good idea to utilize an online checker to ensure your site works for everyone. (Note: PDFs must also meet this requirement.)
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California Special Districts • May-June 2018
2. Open Data. Anything you post online and call “open data” must meet the requirements for open data outlined in AB 169. (We’ll go over this in more depth at the upcoming conference, but a quick tip: don’t call anything “open data” if you aren’t sure it meets the requirements of AB 169.) 3. The Brown Act. Agendas must be posted at least 72 hours in advance of regular meetings, and 24 hours in advance of special meetings (also on the district website, if you have one). A change coming January 2019 requires these agendas to be retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications; platform independent and machine readable. This may sound intimidating, but we’ll provide you with some quick tips at the upcoming conference that make it simple to comply. 4. Board and Staff Compensation Report. You’re already submitting this data to the State Controller’s office by April 30 each year, and the easiest way to comply with this is to link to their PublicPay website (publicpay.ca.gov/) where district information is posted, so you don’t have to update the content on your own site annually. 5. Financial Transaction Report. Another report you’re already submitting to the State Controller “within seven months after the close of each fiscal year,” which should also be posted on your site each time a new report is submitted. 6. Enterprise System Catalog. A catalog listing all district computer programs meeting certain criteria, which is mandatory even if you don’t have a website. The law requires local government agencies to list each system, its purpose, custodian, the type of data it collects, and more. The catalog must be updated annually and be made available at the district office or wherever the board meets, and posted to the website if the district has one. This list can feel overwhelming when added to all the work you’re already doing, but we’re partnering with CSDA to make it easier by providing clear guidance, easy to follow checklists, and free tools. We’ll also be speaking on this subject at the upcoming General Manager Leadership Summit in June. We hope you’ll join us there for a more in-depth look at these requirements, and come away realizing it’s not as hard as it looks!
Volume 13 • Issue 3
About Sloane Sloane Dell’Orto is the founder of Streamline and the COO of its parent company, Digital Deployment. Her passion is helping special districts connect with their communities while staying compliant with ever-changing state and federal online requirements. As a former firefighter for a special district disillusioned by onerous regulatory requirements, Sloane founded Streamline to advocate for special districts and to ease the burden of online compliance. Sloane is a respected voice for local government, testifying at the Little Hoover Commission, serving on several statewide special district association boards, and working with the legislature to make transparency regulations more reasonable. She is also the product lead for Streamline Web, the national leader in special district websites and online compliance. She works hard to ensure the software automatically keeps local government compliant with new regulations. Her goal is to make transparency easy and affordable for special districts. Contact Sloane Dell’Orto at sloane@getstreamline.com or at 916.900.6619.
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ahoe ke t a l 018 h 2 , 6 Nort -2
e 24ership Summit n u j Lead GM
Colette Carlson INTERVIEW WITH
We interviewed Colette Carlson, CSP, CPE, Human Connection Expert and Keynote Speaker on “The Language of Leadership: It All Begins with You” at the CSDA General Manager Leadership Summit June 24-26, 2018. Could you share some of your background and how you have become an expert on human connection?
Some people are curious about science or art; I was always fascinated with people so I studied them. Fortunately, I grew up in a family where interesting characters joining us at our dinner table was a regular occurrence. Even as children, my siblings and I were expected to engage in table conversations, which supported my interest in the study of people. These dinner guests would range from high achieving criminal attorneys to someone who cleaned homes for a living, and my parents showed equal amounts of interest and kindness. My upbringing taught me that everyone wants to feel validated and deserves respect. I also learned quickly if your mouth was moving you weren’t learning anything new! Having learned to observe and listen helped me connect and engage with people more effectively when I became a straight sales commission salesperson; that led to my work as a national sales trainer. After that experience, I had my children and went back to school for my masters in human behavior, and that solidified the truth I had been witnessing for years. Everyone shows up with a story and a history, and I’m only
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California Special Districts • May-June 2018
INTERVIEW WITH COLETTE CARLSON
privy to what they reveal unless I make an effort to ask more questions, exhibit genuine interest and listen without judgment. Having children certainly supports becoming an expert in human behavior, as you end up communicating and connecting with numerous people outside of work as well. You also realize and experience family dynamics on a different level and recognize that most people are truly doing the best they can given their current situation. In other words, I went to school to become and expert and did a lot of field time as well.
Have you had any experience with public agencies or government?
Yes, I’ve had the privilege to speak to city and municipal clerks all across the US, government purchasers, individuals in IT that supports government institutions and public housing. What I have gained from those experiences is I realized the balance between the goal of serving the public you represent combined with the political system. For example, a city clerk may have more information of current policies and rules than even the current acting mayor. If the mayor speaks out of turn, the clerk needs to inform the major in a way that still shows respect to the position. It is walking that line of doing your best to serve everyone.
“The Language of Leadership: It All Begins with You” – without giving it all away, can you share your goal of this presentation and what attendees can look forward to learning from you at the CSDA’s General Manager Leadership Summit in June? My overall goal of the presentation is to help individuals become more effective building deeper relationships with those they lead, impact and
Volume 13 • Issue 3
CSDA’s 2018
GENERAL MANAGER LEA ERSHIP SUMMIT influence. We’re going to take a look at how biases and behaviors can get in the way of creating those deeper connections and how to effectively communicate so everyone feels respected and heard - and you still got your message across.
You say, “Many Communicate. Few Connect.” Could you explain this and the value of special district leadership connecting with their staff and customers? Perhaps it is because I come from a strong sales background, but I truly believe that all of us are in sales. People still buy from people they know, like and trust. People want to work for people they know, like and trust. That is what connection is. It is personal and emotional. It is easier to simply communicate, but the connection piece of the communication takes much more effort. For that buy in leaders are looking for, they need to lead with warmth more than their competence. Leaders also need to be consistent in their messaging. For example, this could be something as simple as telling your team the importance of being on time for meetings, yet you run in late because you were on a call or a meeting went over. In that moment you have created
a disconnect because you are sending a mixed message and not speaking your truth -what I call it when your thoughts, words and actions are in alignment. To really connect with people your thoughts, words and actions must be in alignment otherwise people are seeing your lack of authenticity. It may be that your meeting genuinely ran over; however, if that circumstance becomes a pattern then that mixed message does not create followers -it creates hypocrisy instead. Leaders also address rather avoid conflict or conversations around accountability. I truly believe that you are constantly coaching your team by what you say or don’t say, allow or don’t allow, or praise or don’t praise. A lot of people can tell you what to you; but if you do not feel the truth and transparency behind the message, you’re not buying in. It takes time to development that depth of a connection; you cannot expect to just do a drive-by and expect to build a relationship with anyone.
How can better communication decrease stress?
Everyone in today’s world is task rich and time poor, so ineffective communication only adds to everyone’s continued on page 16
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stress. Take something as simple as emails for example. How many times have you asked a direct question in an email only to get a response that doesn’t address the answer? That example increases frustration which can lead to stress. Simply by clearly reading an email either before sending or receiving can eliminate this situation. Yes, it takes more time upfront, but saves time in the long run. I work hard to keep my emails succinct so the person only needs to read the first few sentences to know what I’m requesting. You would think clarity within communication is common sense; but unfortunately, it is not common practice.
You have said that at the heart of every interaction between a leader and a team member, every conversation with a customer, there is a connection. In your presentation, you plan to share how to make those connections effective and leverage them for
Greg Stepanicich Jim Markman Whitney McDonald
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greater success. Could you provide some tips to our readers on how to get there?
The most practical tip I can provide is to practice being present vs being on autopilot. Stop what you’re doing and actually go eye-to-eye with someone without a smartphone in sight. If you want your teams to listen to you, must listen to others. Give your teams the space to open up. Rather than simply hear a statement, dig deeper by saying, “Wow, tell me more about that,” or “I’m curious. What makes you say that?” Connection begins when the other person feels valued. That’s why sincere, genuine appreciation is the fastest way to build a connection. I’m not talking about attaboys or good job, but rather specific recognition that highlights the outcome of what an individual delivered.
Is there anything else you’d like to share?
I would love for people to go to my website or connect with me on LinkedIn. I believe your behaviors break or make your connections. What kind of impact are you making in the lives of those you lead?
To view videos and for more information on Colette Carlson, Your Connection catalyst, go to ColetteCarlson.com. Connect on LinkedIn.
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California Special Districts • May-June 2018
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MOVERS AND SHAKERS
MOVERS& SHAKERS Kevin Dalton is coming home to McCloud after being hired as the new Community Services District General Manager. The McCloud CSD board voted 4-0 to hire Dalton, with board member Michael Rourke absent from the meeting. A 1997 McCloud High School graduate, Dalton is scheduled to start his new job May 15. Current GM Kimberly Paul will stay on to help through May 25. Paul said Dalton was one of about 20 “very qualified applicants” for the position. Paul described Dalton as “very Kevin Dalton smart, outgoing and funny. He will be a great addition to the team. He has CEQA and NEPA and GIS experience. He has lots of grant writing and government experience.” Dalton’s interview for the GM position was completed via videoconference because he is currently living in Hawaii, working with the Defense POW/MIA Accounting Agency. Having more than 15 years of experience working with California State and Federal environmental legislation, Dalton feels he is prepared to take on the many challenges of the MCSD GM position. Dalton said he applied because, “I am a McCloud native, a product of the local school system, and ultimately the community. The town is a dynamic place, constantly challenging and adapting to change. It has provided inspiration and served as a role model for small communities across the United States. I know that the community prepared me well to take on life’s challenges; it instilled in me a work ethic and attitude that has been the foundation of any successes I have had. I have a genuine interest in the success of the community now, just as it had in me some 30 years ago.”
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The Morongo Basin Healthcare District has welcomed a new controller to the organization. Deborah Anderson is a certified public Deborah Anderson accountant with 15 years of experience in the mental health profession, most recently with Lutheran Social Services in San Bernardino as a chief financial officer/ controller. Anderson said she is excited about joining the healthcare district and working to improve access to healthcare.
John Wetzig Honored The Siskiyou County Board of Supervisors presented John Wetzig with a resolution on Tuesday honoring his retirement from the Grenada Fire Protection District after 30 years of service. During his time on the district, Wetzig served as a firefighter, apparatus operator, fire captain, assistant fire chief and board member of the GFPD. Former GFPD fire chief Bill Haars was present and noted, “If we got a call after midnight, John was going to be on it. He never missed.”
California Special Districts • May-June 2018
Vanetta Van Cleave
Margaret Coleman
Bret Mahoney
workshop and a student newspaper during her 19-year stint at La Ballona. Not a fan of electronic readers, she prefers to read books in print form, and is a firm believer in the institution of the library, considering libraries to be quiet havens where one can read, research, write, and reflect in peace. Beaumont resident Bret Mahoney was sworn in as the newest Beaumont Library District Board Member on February 22. He fills the vacant position previously held by Mark Parker who resigned for health reasons late last year. Mahoney has a Master’s in Organizational Leadership from Gonzaga University and is the Director of Training at Loma Linda University Health Care. The library has always played a role in Bret’s life. He has lived in nine states during his 33 years, from Texas to Maine to the Pacific island of Guam. “Every few years would find us in a new place, with new friends, new schools and a new culture to learn and adapt to. The one constant was the local library.” Each day, as he drives to his job in Loma Linda, or works renovating his house on California Avenue, you can find him enjoying the Beaumont Library’s growing collection of audiobooks. Even though the technology has changed, his reliance on the library never has.
Meet Beaumont Library’s newest Board Vanetta Van Cleave has Members, Margaret Coleman and Bret been announced as the next Chief Mahoney! Financial Officer of the North Tahoe Margaret Coleman joined the Beaumont Public Utility District (NTPUD). Library Board in December replacing Ms. Van Cleave will supervise and manage all aspects of the finance and Kim Tursky who completed his service in accounting functions for the District. November. After retiring from teaching in 2015, Margaret, her Kansas native husband, Ms. Van Cleave served as the and two cats moved to Cherry Valley in an Chief Financial Officer for the effort to try life in a more rural, relaxed area. Community Hospital of Anaconda Having just begun her term as a Trustee, in Anaconda, Montana and as she is impressed with the Beaumont Library Vice President of Finance for Alameda Health System in Oakland. District, its automated check out system, and outreach program. She looks forward to She has a Master of Business “building a better Beaumont Library” during Administration from University of her five-year term! California, Davis and a Bachelor A published short fiction writer herself, of Science from California State Margaret ran an after-school writers’ University, San Diego. “In researching the District several organizational values resonated with me; enhancing the lives of our community, being good stewards of the resources, and recognizing employees are our #1 resource,” stated Ms. Van Cleave. “I am excited to join the NTPUD team and engage with our community members.” Maximize Use of Reserve Funds with some key benefits of the “The District is pleased to have PARS Pension Rate Stabilization Program (PRSP) including: Visit with PARS Vanetta on board,” said Lane Lewis, • Maintain local control During the CSDA GM President of the Board of Directors. • Greater earning potential • IRS-Approved 115 Combo Trust Leadership Summit! “Her experience with a variety • Use funds to pay pension costs at any time of health care systems will allow • Potential for improved credit rating June 24th-26th • Offset future pension rate increases by lower discount her to take a new look at District rate assumptions • Prefund OPEB and Pension in the same trust operations.” • Address GASB 68 liabilities Ms. Van Cleave replaces CFO For more information, please contact us at: Larry Marple who will retire on r earning potential Address GASB 68 liabilities IRS-Ap Mitch barker at (800) 540-6369 x 116 or mbarker@pars.org proved 115 Combo Trust March 13, 2108 after serving the y time Dennis Yu at (800) 540-6369 x 104 or dyu@pars.org www.pars.org District for nearly 28 years. Volume 13 • Issue 3
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FEATURE
California Special Districts interviewed Senator Kevin de León, representing Senate District 24, on his park bond measure and how it affects special districts in California. Could you provide an explanation of the park bond, Proposition 68, and your motivation for carrying this out?
I was motivated by the enormous disparities in access to open spaces between rich and poor communities across California. We also have incredibly challenging water issues in California, which will be exasperated by climate change in the very near future. So I set out to put together a bond measure that addresses a number of issues, including park access, repairs to existing park resources, flood control and water quality and preserving our water resources.
How will the funds be allocated? What areas of the State will benefit from this more?
This is the first bond of its kind in this state that focuses on building social equity. It was designed to make sure all Californians – regardless of political affiliation or zip code – have access to green parks, clean water, and a healthy local environment. Prop 68 will benefit every corner of the state, including Lake Tahoe and the Salton Sea and every local community in between. With this funding, local governments throughout the state will have the resources to repair, improve and expand their park spaces. The bond will also provide critical resources to better utilizing existing water resources and help improve water quality, which is vitally important in many communities across the state. continued on page 22
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California Special Districts • May-June 2018
What are CSDA members saying about Prop 68, the park bond and water bond related issues?
Read the perspectives from some of our park and recreation district members.
A Letter from the Desert Recreation District First and foremost, I would like to acknowledge and thank Senator de Leon (SB5) and Assemblymember Eduardo Garcia (AB18) for recognizing and acting to ensure local agency funding to address water and park infrastructure needs throughout California. The parks and recreation community has been working with our legislators for several years with the goal of seeing a park bond placed before California voters. It has been nearly two decades since the last true park bond, Proposition 40, was passed in 2002. While Proposition 68 falls short of a true park bond with nearly 75% being dedicated to projects other than parks it’s a fantastic start. Understandably, some will win and some will lose with Prop 68. There is some disagreement within the parks and recreation community on the allocation of funding within the $1.3 billion that is dedicated to parks. Many park and recreation professionals would have preferred a much larger per capita allocation which is set a continued on page 22
Patrick Larkin, District Administrator for Cordova Recreation and Park District in Sacramento County supports proposition 68 and explains that at a time of aging park infrastructure and a high demand for quality parks from current and future residents, this bond will help our neighborhoods in providing an enhanced quality of life by replacing amenities and updating parks that are in need to provide safe, fun places for our residents to gather and play. Our parks play a vital role in the fabric of the community and by having additional funding to improve and update the parks, everyone wins.
Volume 13 • Issue 3
Districts. Cities. States. Nossaman. For 75 years, Nossaman has partnered with public, private, and governmental agencies to provide customized legal strategies. 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. What solutions are you seeking?
nossaman.com 21
FEATURE
What interaction do you foresee Prop 68 having with the water bond in November 2018?
Desert Recreation Letter continued
You are running for senate; what changes are you looking to make?
$200 million versus the many competitive grant programs and special carve outs for specific projects. However, the parks allocation in Proposition 68 attempts to “level the playing field” for underserved communities and less densely populated rural communities that have not fully benefitted from past bond measures as is the case for large urban population centers.
As for the proposed November bond, that measure is constructed differently and is focused solely on water resources. It’s more than double the size of Prop 68 at $9 billion, and addresses a completely separate set of issues.
America’s prosperity was built on the strength of our working and middle classes. We don’t succeed when a few at the top do well while everyone else struggles to get by. I believe that every American deserves a fair shot and that everyone should do their fair share. The folks at the very top don’t need another champion in Washington. The people who need a champion in Washington, D.C. are the hardworking men and women I meet every day who are trying to make a life for themselves and their families. My sense of accomplishment will come if those people feel that I am truly and honestly representing them and fighting for them in the nation’s capital. My immediate priorities would be to work hard to elect a new Democratic President and gain a progressive majority in both houses. Also, it is critical that we fully fund the 2020 Census effort to ensure working class communities and children are not undercounted and California gets its fair share. Republicans and Democrats alike in D.C. have been dragging their feet on comprehensive immigration reform. Being the most diverse state in the nation, and home to the largest immigrant population, California must lead the way. Finally, I want to pass Medicare-for-All and create a national clean energy plan – just like we’ve done here in California – that will strengthen our national economy and create new, good-paying jobs for everyone.
What is your approach on the water issues in California?
Water policy is a centerpiece of the state’s environment and economy. The actions taken in D.C. have a major impact on California and Californians. Unfortunately, our current Senior Senator from California has a 1960’s approach to water policy in a 21st century world that includes increasingly limited public funds and climate change. I support, and have made it a hallmark of my work in the legislature, a policy hierarchy as follows: 1. Water conservation and efficiency 2. Groundwater protection and restoration 3. Clean drinking water for disasdvantaged communities and all communities 4. Investments in stormwater, recycled water, and other options that allow us to use the water we have more effectively I authored SB 5 (now Prop 68 on the June 2018 ballot) that allocates funds for these and other purpose. I also think our federal agencies like the Army Corps of Engineers need to begin to take into account climate change and to look at more resilient ways to manage California’s flood and water system. A good example of this would be the work I have done to restore the LA River to a riparian habitat that can become a major new recreational resource for Southern California and a flood and water resource as well.
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For our community, the Coachella Valley in eastern Riverside County, Prop 68 tackles many of the pressing issues that must be addressed such as Salton Sea Management, safe drinking water, and rural low-income park deficient communities. Management of the receding Salton Sea is one of those carve outs ($200 million) that is critical to the health of our community both physically and economically. Safe drinking water is also a critical health factor for many of our residents living in areas dependent on well water with high levels of arsenic as there only supply. The Coachella Valley is home to many small rural communities that support the valleys agriculture and service industries. Many have very limited or no access to park facilities within their own communities. Spread out geographically and with limited access to transportation, Prop 68 will at least give us a shot at providing a higher level of service than currently exists. For that I am grateful the playing field has been leveled and the Coachella Valley can legitimately compete for funding our communities’ parks and recreation infrastructure needs. As for the water bond slated for the November 2018 ballot, it does appear to target a different set of issues; and to my knowledge, parks are not a significant part of the initiative. However, as with Prop 12, Prop 1, and Prop 84 local parks have benefitted through competitive grants that support the goals of the water bond measure and align with parks and recreation projects that protect and preserve storm water, habitat, natural areas, environmental education and more. Kevin Kalman, General Manager Desert Recreation District California Special Districts • May-June 2018
District of distinction accreditation
district of distinction accreditation
Take your district to the next level.
Special District Leadership Foundation
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 3
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t: 916.231.2909
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www.sdlf.org 23
COMMUNITY CONNECTIONS
Ventura County Leadership Academy By Michael Paule, Board President, Cohort XVII, Ventura County Leadership Academy and Board Chairman, Triunfo Sanitation District Board
S
ince 1994, The Ventura County Leadership Academy (VCLA), an independent 501c3 non-profit organization, has led a diverse group of community members, called a Cohort, on a ninemonth journey to learn more about leadership and the Ventura County region. Participants meet ten times over the nine-month period; provided cohort members with unique access to top community leaders charged with addressing the current and critical issues facing the County. As Ventura County’s only countywide leadership training program, VCLA informs, engages, connects and inspires individuals who have a desire for contributing to the betterment of Ventura County. Its experiential sessions, held either in a classroom or out in the community, provide participants with a broader perspective
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of the county and a greater appreciation for its diversity, challenges and opportunities. Through their participation in VCLA, these community leaders are then prepared to address critical challenges that impact their respective work environment, communities, special districts and the County as a whole. The VCLA curriculum is updated each year to address the area’s most pertinent topics, such as: Agriculture and Water Issues, Arts & Culture, Economic Development, Education, Environmental Concerns, Governance and Infrastructure, Health Care, Housing, Nonprofits and Volunteerism, Public Safety, and Relational Leadership. VLCA President Michael Paule first got involved with Ventura County Leadership Academy, formerly an initiative of United Way of Ventura County, as part of Cohort 17
VCLA informs, engages, connects and inspires individuals who have a desire for contributing to the betterment of Ventura County.
California Special Districts • May-June 2018
in 2011. He participated to broaden his knowledge about the interaction between the various sectors of the County (public and private) and to make him a better, more informed leader. After graduating from VCLA, he stayed on to serve as part of the leadership of the organization and eventually served as the President of VCLA’s Board. With the current Cohort 23 graduating in May, they are now recruiting for Cohort 24. Close to 600 people have gone through this program. Cohorts consist of a diverse group of participants, such as individuals from the County Government, Ventura County’s Sheriff’s Office, County and City Fire and Police Departments, local elected officials, businesses and many non-profits like the American Red Cross and Ventura Food Share among others. Diversity is something they take seriously and actively seek participants in their cohort program that come from all areas of the Ventura County region geographically, with an eye to be inclusive to different ages, races, and backgrounds. The Ventura County Leadership Academy is unique among leadership programs in that they encompass the entire County region, and include interacting with special districts, in their scope of learning. This broadens the focus beyond immediate communities into a holistic view and approach to solving problems. Every year they have two days where they travel to Sacramento and meet with elected officials, California Chamber of Commerce and other organizations and individuals, including a representative from CSDA (most recently with Advocacy and Public Affairs Director Kyle Packham) who addressed the recent Cohort and discussed the Legislative process. They also got great insight on state Volume 13 • Issue 3
water issues from Kathy Cole with the Metropolitan Water District, where participants learned about the challenges of the State water system and gained an understanding about the California Water Fix. This State perspective reinforced what the Cohort learned in an earlier session on the relationship between water and agriculture and how the water distribution system functions from the State to the local level. Most program participants understand the local legislation process but are not as familiar on the State level and how to interact with legislators to support or enact legislation. “Having more people involved from Special Districts is a positive and what we would like to see,” said VLCA President Michael Paule. It is through knowledge and continued on page 26
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COMMUNITY CONNECTIONS
the relationships that the Cohorts build with each other, the past alumni and the session facilitators and speakers that help raise awareness between businesses, non-profits, public safety agencies, special districts and beyond to provide a better appreciation of how local government works. It’s a great experience and opportunity for individuals in Special Districts to get involved as a speaker or Cohort participant. Here are a few of the actual reflections that members of this year’s Cohort 23 provided:
Joe Morelli, Fire Marshall Ventura City Fire Department “The VCLA program allowed me to meet and learn from leaders throughout the County and to understand key issues (e.g. homelessness, water service, health care, diversity, entrepreneurship, economics) from varying perspectives. I’ve built new friendships and partnerships that will be mutually beneficial in making a positive difference in the community.”
Patty Quiroz, District Representative CA State Senate, Senator Hannah-Beth Jackson, 19th District “The Ventura County Leadership Academy has truly given me a new perspective on my community. I not only work in Ventura County, but it’s also always been where I call home; thus, I appreciated the opportunity to take a closer look at the various issues, themes, and matters that impact us…”
Marika Collins, M.S.W., Public Policy Officer Casa Pacifica Centers for Children & Families “Participating in VCLA afforded me unique opportunities to learn about and tour some of the rich array of resources within Ventura County – from the local U.S. Naval Base to the Port of Hueneme, among many others. It was a year filled with invaluable opportunities to engage our community leaders and elected officials in discussions about the challenges and opportunities they’ve faced; and learning that regardless of our chosen profession, we all share the same underlying goal: improving our community. I have a renewed sense of commitment to strengthening my community as a result of this transformational experience – thank you VCLA!”
For more information on VCLA, visit www.vcleadership.org, email info@VCLeadership.org or call (805) 665-3504.
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California Special Districts • May-June 2018
CSDA’s 2018
Volume 13 • Issue 3
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Accounting
Bartlett, Pringle & Wolf, LLP 1123 Chapala Street Santa Barbara CA 93101 www.bpw.com Bartlett, Pringle & Wolf is a leading accounting/ consulting firm offering a full suite of services dedicated to special districts. Our team of auditors will provide a thorough assessment of your accounting procedures and deliver a comprehensive analysis to enhance quality, transparency, and best practices. Blomberg & Griffin Accountancy Corporation 1013 N. California Street Stockton CA 95202 www.blombergcpa.com Blomberg & Griffin provides a wide range of services to individuals and businesses in a variety of industries. At Blomberg & Griffin, we strive to meet each client’s specific needs in planning for the future and achieving their goals in an everchanging financial and regulatory environment. Brown Armstrong Accountancy Corporation 4200 Truxtun Avenue, Suite 300 Bakersfield CA 93309 www.bacpas.com Brown Armstrong is headquartered in the Central Valley and has four locations throughout the state. We provide audit, tax, bookkeeping, and consulting services. Our audit services include: federal and state compliance audits, financial statement audits, financial health analysis and consulting, and organizational audits for efficiency. CliftonLarsonAllen, LLP 2210 E. Route 66 Glendora CA 91740 www.CLAconnect.com CLA is a professional services firm delivering integrated advisory, outsourcing, audit, tax and consulting to help our special district clients succeed. Daniells Phillips Vaughan & Bock 300 New Stine Road Bakersfield CA 93309 www.dpvb.com Serving clients for more than 55 years, we are best known for our non-traditional approach to services in accounting, tax, and strategic business planning. With the highest level of customer service, we have been helping clients plan, build, and preserve their businesses in pursuit of success.
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Dennis Cooper and Associates, CPAs 12223 Highland Avenue, Suite 106-625 Rancho Cucamonga CA 91739 www.dennis-cpa.com We are a full-service accounting firm specializing in assurance services of government and nonprofit agencies. This allows us to focus on industry specific accounting and auditing standards. All of our practice aids, audit manuals, accounting manuals, and research materials are geared to governmental standards and practices.
James Marta & Company
Certified PubliC ACCountAnts Accounting, Auditing, Consulting and Tax
GASB 45 Solutions
JamesLOW Marta & Company COST alternative LLP, CPAs to a Avenue, full actuarial report. 701 Howe Suite E3 Sacramento CA 95825 (916) 993-9494 n www.jpmcpa.com www.jpmcpa.com We are a certified public accounting firm providing services to special districts, including audit, accounting, tax, bonded debt and arbitrage calculations, pension and OPEB liability calculations, and custom training seminars on all financial matters. Mann, Urrutia, Nelson CPAs & Associates, LLP 2515 Venture Oaks Way, Suite 135 Sacramento CA 95833 www.muncpas.com Mann, Urrutia, Nelson CPAs & Associates is an established and respected full-service accounting and auditing firm offering audit, tax, consulting, litigation support, business valuations, and forensic accounting services. We specialize in government, non-profit, retirement plans, and small business audits and accounting services.
Maze & Associates 3478 Buskirk Avenue #215 Pleasant Hill CA 94523 www.mazeassociates.com Maze & Associates is a leading northern California accounting firm specializing in municipal and nonprofit audit, tax, and security reviews, as well as PCI Scans and Microsoft Certified training. We can help you with implementing new GASB regulations, tax planning, or FISMA and NIST compliance guidelines.
Nigro & Nigro, PC 25220 Hancock Avenue, Suite 400 Murrieta CA 92562 www.nncpas.com At Nigro & Nigro, we have a strong reputation for providing quality audit services to a wide range of government organizations including municipalities, special districts, and school districts. Robert Johnson, CPA 6234 Birdcage Street Citrus Heights CA 95610 Robert Johnson CPA audits over 60 special districts. Reasonable rates and will travel. Rogers, Anderson, Malody & Scott, LLP 735 E. Carnegie Drive, Suite 100 San Bernardino CA 92408 www.ramscpa.net Rogers, Anderson, Malody & Scott, LLP is a fullservice accounting firm providing audit, accounting support, and consulting services to the government sector including California special districts. Teaman, Ramirez & Smith, Inc. 4201 Brockton Avenue, Suite 100 Riverside CA 92501-3431 www.trscpas.com As a full-service CPA firm, we have provided accounting, auditing and consulting services to California governments for over 80 years. Our services also include tax preparation, management consulting, and accounting assistance services. The Pun Group, LLP 200 E. Sandpointe, Suite 600 Santa Ana CA 92707 www.pungroup.com The Pun Group, LLP is a full-service accounting and advisory public accounting firm providing core services of audit and assurance and tax services to governmental and not-for-profit organizations.
Architecture/ Design
Ward-Young Architecture & Planning 12010 Donner Pass Road, Suite 201 Truckee CA 96161 www.wyarch.com Design excellence, personal attention, cost awareness, and the high level of professional integrity are the foundations upon which client relationships are built at Ward-Young Architecture and Planning. 2018 CSDA Buyers Guide
Banking Banc of California 3 MacArthur Place, Suite 200 Santa Ana CA 92707 www.bancofcal.com At Banc of California we leverage decades of experience helping local agencies optimize their resources. Our Government Banking Division offers a higher level of personalized service and specialized financial tools. Bank of the West 500 Capitol Mall, Suite 1200 Sacramento CA 95814 www.bankofthewest.com Our Bank of the West Government Banking Relationship Managers have decades of experience working in partnership with special districts providing banking services that help optimize cash flow and increase operating efficiency. BBVA Compass 2850 East Camelback Road #140 Phoenix AZ 85016 www.bbvacompass.com BBVA Compass is a leading U.S. banking franchise with operations throughout the Sunbelt region and it ranks among the top 25 largest U.S. commercial banks based on deposit market share. BBVA Compass operates 688 branches in Alabama, Arizona, California, Colorado, Florida, New Mexico, and Texas. BNY Mellon Trust Company, N.A. 100 Pine Street San Francisco CA 94111 www.bnymellon.com With core capabilities including trustee, administration and agency services, and enhanced offerings such as reporting, transparency, and compliance solutions, BNY Mellon is a recognized leader in the U.S. public finance market. Trustee to the CSDA Finance Corporation. Citizens Business Bank 701 North Haven Avenue Ontario CA 91764 www.cbbank.com Citizens Business Bank is committed to creating and maintaining public entity relationships by meeting and exceeding our customer expectations. Five Star Bank 2400 Del Paso Road, Suite 100 Sacramento CA 95834 fivestarbank.com Five Star Bank is dedicated to helping special districts in California reduce their costs, increase their income, and improve their efficiency. We have experience managing relationships of all sizes with personalized attention and service, making banking seamless so you can focus on running your special district. Value Added Benefits
Umpqua Bank ENDORSED AFFILIATE 2998 Douglas Boulevard, Suite 100 Roseville CA 95661 www.umpquabank.com As one of the West Coast’s largest regional banks, Umpqua Bank offers the best in financial expertise and local understanding, with solutions in public municipal deposits, municipal financing, commercial card, infrastructure financing, and equipment leasing and financing. Wells Fargo Bank 1510 Arden Way, Suite 300 Sacramento CA 95815 www.wellsfargo.com Wells Fargo Bank provides a vast array of financial services for the public sector, from treasury management services to investments and insurance. Zions Bank 550 South Hope Street, Suite 2875 Los Angeles CA 90071 www.zionsbank.com Zions Bank Corporate Trust makes a true difference by providing you a streamlined and convenient Trustee/Fiscal Agent service experience enhanced by strong technological reporting solutions. One team. One office. One point of contact. Now that’s great service!
Benefits/ Retirement Bartel Associates, LLC 411 Borel Avenue, Suite 101 San Mateo CA 94402 www.bartel-associates.com Bartel Associates, LLC is a California based actuarial consulting firm. We prepare OPEB (GASB 75) and pension plans actuarial valuations and also provide general CalPERS pension, retiree healthcare, and other pension plan consulting and review services. California School Boards Association ENDORSED AFFILIATE 3251 Beacon Boulevard West Sacramento CA 95691 www.gasb45amm.com/default.aspx GASB 45 and 75 provide the opportunity to utilize an abbreviated actuarial report to address OPEB liabilities. CSBA partners with Demsey, Filliger & Associates, LLC to provide a low-cost alternative to a full actuarial valuation.
Nationwide Retirement Solutions 4962 Robert J. Mathews Parkway, Suite 100 El Dorado Hills CA 95762 www.nrsforu.com Nationwide is the largest provider of 457 deferred compensation plans for public employees in the country. A 457 plan is a voluntary, supplemental, pre-tax, defined contribution program. Nationwide also provides 401(a) and OBRA services; as well as, Health Reimbursement Accounts through our proprietary Post-Employment Health Plan (PEHP). PARS 4350 Von Karman Avenue, Suite 100 Newport Beach CA 92660 www.pars.org PARS provides customized retirement solutions including our GASB-compliant, IRS-approved OPEB Trust and Pension Rate Stabilization Program, Social Security Alternative for part-time employees, and defined contribution plans that save public agencies millions of dollars annually.
Construction/ Engineering Albert A. Webb Associates 3788 McCray Street Riverside CA 92506 www.webbassociates.com Albert A. Webb Associates has provided high quality civil engineering services throughout Southern California. Keller/Wegley Engineering 209 South Locust Street Visalia CA 93291 Engineering firm that represents special districts with their irrigation, drinking water, wastewater, and water supply needs.
Consulting Barber & Gonzales Consulting Group » CONSULTANT CONNECTION 8035 South Lake Circle Granite Bay CA 95746 www.paradigmpilgrim.com We specialize in the development of organizational effectiveness, collaborative labor relations, and multi-party negotiations/decision making of all types.
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BHI Management Consulting » CONSULTANT CONNECTION 2459 Neptune Court, Suite 110 Tracy CA 95304 www.bhiconsulting.com BHI has worked with California special districts for over 20 years, providing consultancy on strategic plans, organizational health, board dynamics and training, and executive recruitment. Brent Ives, Principal, is a recognized trainer and author regarding board service. California Consulting 214 Main Street, Suite 102 El Segundo CA 90245 www.californiaconsulting.org Founded in 2004, California Consulting, LLC has a solid reputation for hard work and a commitment to success for its clients. California Consulting, LLC is the largest grant writing firm in California, with offices across California and more than 90 clients statewide.
NBS 32605 Temecula Parkway, Suite 100 Temecula CA 92592 www.nbsgov.com Since 1996, NBS has supported special districts with revenue tools, including utility rate studies, user fee studies, cost allocation plans, and other financial analyses. NBS has developed hundreds of new special assessment, tax and fee districts, and provides ongoing administration services parcels in existing Special Financing Districts (SFDs) Nichols Consulting » CONSULTANT CONNECTION 1857 44th Street Sacramento CA 95819 www.nichols-consulting.com With more than 24 years of experience in SB 90/ State Mandated Cost Reimbursement, Nichols Consulting is the special district leader. We have presented as an expert at over 30 statewide workshops and are the Labor Relations/Public Employment Relations Board (PERB) Case reimbursement specialists.
CONTRACTOR COMPLIANCE AND MONITORING, INC.
Contractor Compliance and Monitoring, Inc. » CONSULTANT CONNECTION 635 Mariners Island Boulevard, Suite 200 San Mateo CA 94404 www.ccmilcp.com Contractor Compliance and Monitoring, Inc. provides prevailing wage monitoring, auditing, and training to special districts and other agencies to assist in meeting labor compliance mandates relating to California and federal prevailing wage requirements. Economic & Planning Systems, Inc. 400 Capitol Mall, 28th Floor Sacramento CA 95814 www.epsys.com EPS provides consulting services to public agencies in the area of public finance, infrastructure financing, financing district formations, fiscal impact analysis, development impact fee nexus studies, and other related fields. Kampa Community Solutions, LLC » CONSULTANT CONNECTION PO Box 3221 Sonora CA 95370 www.kampaCS.com Kampa Community Solutions provides general management consulting services at an affordable cost, exclusively for special districts. Not just planning…doing! We contract as on-call, interim, or regular General Manager and/or advisors to districts to ensure delivery of the highest quality services. 30
Rauch Communication Consultants, Inc. » CONSULTANT CONNECTION 936 Old Orchard Road Campbell CA 95008 www.rauchcc.com Rauch Communication Consultants has served special districts for 40+ years. Services include building community support through focused outreach programs; helping develop clients’ direction and action plans; and helping resolve difficult management problems. Rincon Consultants, Inc 180 North Ashwood Ave Ventura CA 93003 www.rinconconsultants.com Rincon Consultants has provided a range of awardwinning environmental sciences, land use planning, biological resources, and remediation services to a range of organizations and industries since 1994. Moving forward, we are expanding the depth of services we offer to help our clients achieve a more sustainable future.
SCI Consulting Group 4745 Mangels Boulevard Fairfield CA 94534-4175 www.sci-cg.com Serving California special districts since 1985, SCI services include local funding measure feasibility analysis and public opinion surveys, district-wide revenue measures, special tax and assessment district formation and annual administration, Proposition 218 compliance, development impact fee nexus studies, utility rate studies, and LAFCo formation annexation applications.
Trendzitions Project Management 25691 Atlantic Ocean, #B13 Lake Forest CA 92630 www.trendzitions.com We plan and implement new facility projects from start to finish. Develop the scope, budget, timeline and bid and select the architect and GC, manage the build-out, procure technologies/furniture, and manage the relocation. Willdan Financial Services 27368 Via Industrial, Suite 200 Temecula CA 92590 www.willdan.com Willdan Financial Services provides an array of financial and economic consulting services to public agencies throughout California. We provide water and wastewater rate and financial consulting services, and services related to the formation and administration of special financing districts.
Energy Solutions Cadiz Inc. 550 S. Hope Street, Suite 2850 Los Angeles CA 90071 www.cadizinc.com Cadiz is a California renewable resources company with property overlying a vast desert aquifer. Through responsible stewardship, the Cadiz Water Project will conserve and supply water otherwise lost to evaporation and provide groundwater storage.
2018 CSDA Buyers Guide
Climatec 925 L Street, Suite 1200 Sacramento CA 95814 www.climatec.com Climatec is an energy services company that helps cities, counties and special districts design, fund, and implement energy infrastructure and sustainability projects. ENGIE Services U.S. 23 Nevada Irvine CA 92606 https://engieservices.us ENGIE Services U.S. is a national energy company that works with education, government, commercial, industrial, and other organizations. We deliver integrated Energy Effective™ programs that drive sustainable results. Over the past 40 years, ENGIE Services U.S. has provided more than $2 billion in savings for our customers.
NextEra Energy Resources One Post Street, Suite 2550 San Francisco CA 94104 www.nexteraenergyresources.com NextEra Energy Resources is the world’s largest generator of renewable energy from the wind and sun. We leverage our financial strength and industry experience to finance, develop, own, and operate renewable energy and energy storage systems. Pacific Gas & Electric Company 615 7th Avenue Santa Cruz CA 95062 www.pge.com Pacific Gas and Electric Company, a subsidiary of PG&E Corporation (NYSE:PCG), is one of the largest combined natural gas/electric utilities in the U.S. Based in San Francisco, with more than 20,000 employees, the company delivers some of the nation’s cleanest energy to nearly 16 million people in Northern and Central California. REC Solar 3450 Broad Street, Suite 105 San Luis Obispo CA 93401 www.recsolar.com REC Solar is a nationwide leader providing commercial, public sector and utility-scale solar solutions. Fully owned by Duke Energy Renewables, REC Solar is able to provide customers an expanded renewable energy portfolio and the financial foundation of Duke Energy.
Value Added Benefits
Schneider Electric 1463 Riverview Drive Fallbrook CA 92028 www.schneider-electric.com Schneider Electric is the global electric specialist in energy management and automation. Schneider Electric develops connected technologies and solutions to manage energy and process in ways that are safe, reliable, efficient, and sustainable.
California Asset Management Program 50 California Street, Suite 2300 San Francisco CA 94111 www.camponline.com The California Asset Management Program (CAMP), a Joint Powers Authority, provides investment services to California public agencies such as a high-quality market portfolio with daily liquidity and customized portfolios.
SmartWatt, Inc. 3835 Atherton Road, Suite #6 Rocklin CA 95677 www.smartwatt.com Comprehensive and budget-neutral energy optimization solutions to increase the quality of life in local communities. We provide turnkey solutions to handle every phase of project implementation including Energy Performance Contracts (EPC).
California Infrastructure and Economic Development Bank (IBank) PO Box 2830 Sacramento CA 95812 www.ibank.ca.gov The State of California’s IBank issues bonds and provides loans to state and local governments. Programs include infrastructure loans, lending for energy and environmental needs, bond financing, and small business loan guarantees.
Utility Cost Management, LLC ENDORSED AFFILIATE 1100 W. Shaw Avenue #126 Fresno CA 93711 www.utilitycostmanagement.com Utility Cost Management LLC (UCM) reduces utility costs through the analysis of data, rates, and regulations. The firm has generated over $150 million in savings and refunds for its clients since 1991.
CalTRUST ENDORSED AFFILIATE 1100 K Street, Suite 101 Sacramento CA 95814 www.caltrust.org Pooled investments solution for public agencies including four fund options, no minimum or maximum limits, and competitive returns with expert investment management.
Financing/ Investments Bartle Wells Associates 1889 Alcatraz Avenue Berkeley CA 94703 www.bartlewells.com Bartle Wells Associates is a municipal financial consulting firm with over 50 years of experience providing independent expert financial advice to public agencies throughout California and the western United States.
CSDA Finance Corporation ENDORSED AFFILIATE 1112 I Street, Suite 200 Sacramento CA 95814 www.csdafinance.net CSDA Finance Corporation is a non-profit public benefit corporation established to help special districts and other public agencies with cost-effective financing programs for capital improvements, equipment purchases, land acquisitions, and the refinancing of prior debt. David Taussig & Associates, Inc. 5000 Birch Street, Suite 6000 Newport Beach CA 92660 www.taussig.com David Taussig & Associates has provided municipal finance consulting services to public and private sector clients since its establishment in 1985.
Brandis Tallman, LLC 22 Battery Street, Suite 500 San Francisco CA 94111 www.brandistallman.com Brandis Tallman, LLC is an investment banking firm specializing in public finance. We are a fullservice broker dealer providing municipal bond underwriting and placement agent services to California communities. Consultant to CSDA Finance Corporation.
Kosmont Companies 1601 N. Sepulveda Boulevard, #382 Manhattan Beach CA 90266 www.kosmont.com Kosmont Companies (MBE/SBE) is a real estate services firm offering financial advisory, economic development, public financing, transaction structuring, economics, negotiations, land use/ entitlements, and brokerage services for public agencies and private sector. 31
Municipal Finance Corporation 2945 Townsgate Road, Suite 200 Westlake Village CA 91361 www.munifinance.com Tax-exempt private placement financing of equipment, facilities, and infrastructure. Consultant to CSDA Finance Corporation. PFIC- The Tamkin Companies 11755 Wilshire Boulevard, Suite 2350 Los Angeles CA 90025 www.tamkin.com Public Facilities Investment Corporation specializes in the privatized development and tax-exempt leaseback financing of facilities for special districts throughout California. Prager & Co., LLC One Maritime Plaza, Suite 1000 San Francisco CA 94111-3404 www.prager.com Prager & Co., LLC provides strategic financial advice and debt funding solutions to California special districts and is the investment banker to the CSDA Finance Corporation.
Koff & Associates 2835 7th Street Berkeley CA 94710 www.koffassociates.com Koff & Associates is a full-service human resources consulting firm specializing in the public sector. Our work includes class and comp studies, executive recruitment, organizational development, HR compliance, and performance management programs.
Regional Government Services Authority » CONSULTANT CONNECTION PO Box 1350 Carmel Valley CA 93924 www.rgs.ca.gov Regional Government Services provides consulting, project management, training and support services exclusively to public agencies. RGS has served over 225 California local government agencies in the areas of HR, finance, strategic planning, communications, and other vital functions
Human Resources Insurance Bob Murray & Associates 1544 Eureka Road, Suite 280 Roseville CA 95661 www.bobmurrayassoc.com Bob Murray & Associates brings a personal approach to providing quality executive recruitment services. Our clients include cities, counties, special districts, and other governmental organizations, both large and small.
CPS HR Consulting 2450 Del Paso Road, Suite 220 Sacramento CA 95834 www.cpshr.us CPS HR Consulting provides a full range of integrated HR solutions to government and nonprofit clients. We align your vision, process, and people to assure you will achieve your agency objectives. Crabtree Consulting Services, LLC 9245 Laguna Springs Drive, Suite 200 Elk Grove CA 95758 www.crabtreeconsulting.net “We Fill-The-Gap.” Providing the highest quality administrative and management services to small and medium size special districts, focused on supplemental and specific needs that are in demand, yet often missing.
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Special District Risk Management Authority ENDORSED AFFILIATE 1112 I Street, Suite 300 Sacramento CA 95814 www.sdrma.org Our mission is to provide risk financing and risk management services through a financially sound pool to California public agencies, delivered in a timely and responsible cost-efficient manner. Coverages include property/liability, workers’ compensation, and health benefits.
Legal Services
AlvaradoSmith, A Professional Corporation 1 MacArthur Place, Suite 200 Santa Ana CA 92707 www.alvaradosmith.com Our team of attorneys has experience in providing advice and handling litigation involving public and private improvement projects, environmental assessment and remediation actions, and natural resources development. We are committed to providing high quality, comprehensive, and creative legal services in an efficient and cost-effective manner. Arnold LaRochelle Mathews VanConas & Zirbel LLP 300 Esplanade Drive Suite 2100 Oxnard CA 93036 www.atozlaw.com Established and effective law firm with expertise in government agency representation as general counsel. Emphasis on environmental, land use, and natural resources laws. Atkinson, Andelson, Loya, Ruud & Romo 12800 Center Court Drive, Suite 300 Cerritos CA 90703 www.aalrr.com Atkinson, Andelson, Loya, Ruud & Romo is a fullservice law firm representing a wide range of special districts throughout the state. With nine offices and over 180 attorneys, we have experts to meet every legal need: labor and employment law, governance, construction/property law, water law, general counsel services, and more. Bartkiewicz, Kronick & Shanahan 1011 22nd Street Sacramento CA 95816-4907 www.bkslawfirm.com We are a Sacramento law firm founded in 1989 to represent local agencies and private clients on matters concerning water resource, land use, governmental, and related issues. Bergman Dacey Goldsmith 10880 Wilshire Boulevard, Suite 900 Los Angeles CA 90024 www.bdgfirm.com Since 1983, Bergman Dacey Goldsmith has been litigation counsel to numerous California public entities. When litigation arises, having experienced counsel on your side can often be the deciding factor. We have earned our reputation as a “no surprises” law firm.
Aleshire & Wynder, LLP 18881 Von Karman Avenue, Suite 1700 Irvine CA 92612 www.awattorneys.com Aleshire & Wynder provides unparalleled legal services to local communities throughout California – our focus is public agency representation. Our attorneys have served public agencies for 40 years and understand the complexity and variety of legal issues at the local level. 2018 CSDA Buyers Guide
Best Best & Krieger, LLP 3390 University Ave, 5th Floor Riverside CA 92501 www.bbklaw.com Best Best & Krieger LLP: A full-service law firm providing comprehensive legal counsel services to California’s special districts. BB&K attorneys have extensive experience in water supply and quality, environmental, renewable energy and construction law, labor and employment law and employee benefits, and public finance, rates and fees. Brownstein Hyatt Farber Schreck, LLP 1020 State Street Santa Barbara CA 93101-2706 www.bhfs.com Brownstein Hyatt Farber Schreck, LLP has a public agency practice with particular expertise in water law and environmental quality. The firm represents public agencies throughout California as general and special counsel.
Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles CA 90071 www.bwslaw.com With offices throughout California, Burke, Williams & Sorensen specializes in representing public agencies. Our practice areas include general counsel services, labor and employment, CEQA, public contracting, construction disputes, and eminent domain. Carmel & Naccasha, LLP 1410 Marsh Street San Luis Obispo CA 93401 www.CarNacLaw.com Carmel & Naccasha’s experienced team of attorneys are knowledgeable and dedicated to providing quality legal services to our public agency clients. Our firm offers a high level of responsiveness and attention to our clients’ individual needs combined with decades representing public agencies on a wide range of matters.
Churchwell White, LLP 1414 K Street, Third Floor Sacramento CA 95814 churchwellwhite.com Churchwell White attorneys represent special districts throughout California, providing general counsel and special counsel legal services in areas related to environmental and natural resources, water, employment, real estate and land use, litigation, and more. Value Added Benefits
Colantuono Highsmith & Whatley, PC 420 Sierra College Drive #140 Grass Valley CA 95945 www.chwlaw.us Colantuono, Highsmith & Whatley is a municipal law firm with offices in Pasadena and Grass Valley in the Northern Sierra Foothills. We represent public and private clients throughout California in municipal law. Cota Cole & Huber, LLP 2261 Lava Ridge Court Roseville CA 95661 www.cotalawfirm.com Cota Cole & Huber, LLP is founded on a commitment to excellence. With decades of experience, and the energy and enthusiasm of a dynamic legal team, Cota Cole provides personalized service and achieves superior results. Devaney Pate Morris & Cameron, LLP 402 W. Broadway, Suite 1300 San Diego CA 92101 www.dpmclaw.com A San Diego-based, full-service law firm with over 150 years of combined experience representing public and private entities; including community colleges, municipalities, special districts, public/ private corporations, and nonprofit organizations. Gallery & Barton, A Professional Law Corporation 1112 I Street, Suite 240 Sacramento CA 95814 www.gallerybartonlaw.com Gallery & Barton specializes in legal services associated with water rights, environmental, and public agency law. Griffith & Masuda, A Professional Law Corporation 517 E. Olive Street Turlock CA 95380 www.calwaterlaw.com Founded in 1920, Griffith & Masuda represents six special districts, a county, and five JPAs. Our water agency clients are located in seven different counties from Butte to Monterey. Our mission is to provide responsive, effective, and efficient legal services. Our challenge is to provide creative solutions to complex problems. Hanson Bridgett, LLP 425 Market Street, 26th Floor San Francisco CA 94105 www.hansonbridgett.com We practice areas of law such as general business and corporate law, litigation, and probate and estate planning, healthcare, construction, intellectual property, labor and employment, insurance coverage and public-sector law.
Jarvis, Fay & Gibson, LLP 492 Ninth Street, Suite 310 Oakland CA 94607 www.jarvisfay.com We provide cost-effective legal counseling and litigation services to California’s cities and special districts. The firm has particular expertise in advising public agencies on land use and environmental laws, local government revenues, public contracts, construction law, writs of mandate and appeals. Kane, Ballmer & Berkman 515 S Figueroa Street, Suite 780 Los Angeles CA 90071 www.kbblaw.com For over 40 years, Kane, Ballmer & Berkman has represented a variety of public entities in all facets of public law. Our attorneys have represented community services districts and public cemeteries in addition to numerous municipalities and their related public entities. Kidman Gagen Law, LLP 2030 Main Street, Suite 1300 Irvine CA 92614 www.kidmanlaw.com Kidman Law, LLP offers unsurpassed advice and representation in legal matters, with a specialty in water, environmental, and governmental law. We stand for prompt, reliable, and accurate legal services with a proven track record of success for our clients.
Kronick, Moskovitz, Tiedemann & Girard 400 Capitol Mall, Floor 27 Sacramento CA 95814-4416 www.kmtg.com Kronick Moskovitz Tiedemann and Girard (Kronick) is a full-service law firm providing legal services to special districts, cities, and counties throughout California. For more than 50 years, Kronick has provided legal expertise in all areas of public agency law. Lagerlof, Senecal, Gosney & Kruse, LLP 301 N Lake Avenue, 10th Floor Pasadena CA 91101 www.lagerlof.com For more than a century, Lagerlof, Senecal, Gosney & Kruse has been helping clients grow and prosper. Well known for our pioneering work in water law, we also have an outstanding reputation in general business, estate, real estate, tax and employment law, as well as general and civil litigation. Law Office of Mary McMaster 336 E Pedregosa Street Santa Barbara CA 93101-1053 General Counsel for Goleta Water District.
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LCW Liebert Cassidy Whitmore
Liebert Cassidy Whitmore 6033 West Century Boulevard, 5th Floor Los Angeles CA 90045 www.lcwlegal.com Liebert Cassidy Whitmore is a public-sector law firm with five offices throughout California and over 85 attorneys who provide expertise in employment law, governance, labor relations, business law, construction/facilities law and more. Lozano Smith, Attorneys at Law 7404 North Spalding Avenue Fresno CA 93720 www.lozanosmith.com/localgovernment.php Since 1988, Lozano Smith has represented public agencies through nearly all legal issues imaginable. With nine offices throughout California, our attorneys are able to provide the local, yet statewide expertise clients deserve. McMurchie Law 101 Parkshore Drive, #100 Folsom CA 95630 www.mcmurchie.com The firm is proud to have served as CSDA’s legal counsel since its formation in 1969. The firm specializes in representing a wide variety of special districts, joint powers authorities, and nonprofit corporations by providing legal consultation, board and staff training, and investigative services. Meyers Nave 555 12th Street, Suite 1500 Oakland CA 94607 www.meyersnave.com For more than 30 years, Meyers Nave has been dedicated to serving the litigation, transactional, and advisory needs of California special districts. We are proud to serve as strategic partners with special districts in their frequent role as pioneers, addressing the most nuanced and complex legal and regulatory challenges.
Neumiller & Beardslee PO Box 20 Stockton CA 95201-3020 www.neumiller.com Neumiller & Beardslee is a law firm that provides services to all types of special districts, cities, and counties, including as general counsel, litigation services, Proposition 218 procedures, environmental and CEQA matters, construction contracts, and personnel matters.
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Noland, Hamerly, Etienne & Hoss PO Box 2510 Salinas CA 93902-2510 www.nheh.com Since 1928, Noland Hamerly has built its law practice on the fundamental philosophy of outstanding client service, integrity, excellence and responsiveness. Our client’s satisfaction is our goal.
Nossaman, LLP 18101 Von Karman Avenue, Suite 1800 Irvine CA 92612 www.nossaman.com Whether it is working to build public infrastructure, provide healthcare services, entitle private development, manage natural resources, complete real estate transactions, or increase business profitability, clients count on Nossaman to get the job done. Consultant to CSDA Finance Corporation. Orbach Huff & Suarez Henderson, LLP 1901 Avenue of the Stars, Suite 575 Los Angeles CA 90067 www.ohshlaw.com Orbach Huff Suarez& Henderson LLP is a leader in public agency representation throughout California providing legal services on matters of construction, labor, employment, education, environmental, and charter school law. Orrick Herrington & Sutcliffe LLP 405 Howard Street San Francisco CA 94105 www.orrick.com Providing bond counsel and disclosure counsel services to cities, counties, and special districts throughout California.
Richards Watson & Gershon 355 S. Grand Avenue, 40th Floor Los Angeles CA 90071 www.rwglaw.com Richards, Watson & Gershon’s team of leading attorneys have been providing practical legal solutions for local governments for over 60 years. We represent special districts, school districts, community services districts, water districts, airports, joint powers authorities and cities. Simas & Associates 3835 N. Freeway Boulevard, Suite 228 Sacramento CA 95834 www.simasgovlaw.com The attorneys of Simas & Associates, Ltd have decades of combined experience working in administrative, health care, and employment law; representing clients before state, local, and federal government agencies; and litigating matters in administrative proceedings, and state and federal courts. Stradling Yocca Carlson & Rauth, P.C. 660 Newport Center Drive, Ste. 1600 Newport Beach CA 92660 www.sycr.com We specialize in areas as diverse as corporate transactions, securities and complex business litigation, tax, intellectual property, employment, real estate, public law, and municipal finance. This enables us to represent some of California’s leading companies and municipalities in a broad array of complex and sophisticated matters.
PR/Marketing Porter Scott 350 University Avenue, Suite 200 Sacramento CA 95825 www.porterscott.com Porter Scott is a civil litigation firm defending a broad spectrum of legal needs for public entities for over 40 years. Renne Public Law Group, LLP 350 Sansome St Ste 300 San Francisco CA 94104-1307 www.rennepubliclawgroup.com/ RPLG practices throughout California, advising and advocating for public agencies, nonprofit entities, individuals and private entities in need of effective, responsive and creative legal solutions.
Communication Advantage » CONSULTANT CONNECTION PO Box 189573 Sacramento CA 95818 www.communicationadvantageconsulting.com Communication Advantage and its principal, Marty Boyer, offer a full range of media-related communications services focused on public policy and local government’s needs, including media training, emergency communications, crisis management, messaging, and strategic communications planning.
2018 CSDA Buyers Guide
CV Strategies 73700 Dinah Shore Drive, #402 Palm Desert CA 92211 www.cvstrategies.com We are a dedicated team of former journalists and public policy junkies. We leverage our expertise, influence, and instincts to radically change the way you tell your story to the world. FlashVote 111 West Proctor Street, Suite 10 Carson City NV 89703 www.flashvote.com Get helpful public input whenever you want with FlashVote. Our short and automated scientific surveys are ridiculously easy, fast and affordable for special districts. Use the FlashVote service to survey, engage, measure and inform. Enjoy better decisions and happier citizens. Hermocillo-Azevedo Strategic Communications » CONSULTANT CONNECTION 2100 21st Street Sacramento CA 95818 www.hastrat.com Our firm specializes in issue management and crisis communications services. We help public agencies plan for and respond to reputational threats such as media investigations, litigation, audits, contentious public proceedings, and high-visibility personnel matters. J. Wallin Opinion Research 1601 Dove Street, Suite 255 Newport Beach CA 92660 www.jwallin.com We approach opinion research with purpose. We believe that data is useful only insofar as it is clearly actionable. Our work supports data-driven decisions and messaging strategies. Townsend Public Affairs 925 L Street, Suite 1404 Sacramento CA 95814 www.townsendpa.com TPA specializes in legislative, regulatory, and funding solutions for legacy projects such as water and sanitation policy and infrastructure, transportation, parks and recreation, public safety, economic development, housing, historical restoration, and education.
Purchasing GovDeals Inc. 100 Capitol Commerce Blvd. Suite 110 Montgomery AL 36117 www.govdeals.com GovDeals assists public agencies deal with the often cumbersome task of selling surplus assets. We offer a simple, highly transparent solution that generally brings returns ranging from 20-40% more than traditional auction models while maintaining complete control of your assets until they are sold. U.S. Communities ENDORSED AFFILIATE 2999 Oak Road, Suite 710 Walnut Creek CA 94597 www.uscommunities.org U.S. Communities is a leading national purchasing cooperative, providing procurement resources and solutions for government agencies seeking best overall supplier pricing. Special districts can tap into the pooled purchasing power of over 55,000 other public agencies. There is no cost to register, no user fees and no commitment.
Technology Solutions AccuFund/Computer Works NFP Solutions 4345 East Lowell, Suite M Ontario CA 91761 www.accufund.com AccuFund is a financial operations improvement specialist for government agencies, providing cloud and on-premise financial solutions including software and implementation services. AccuFund includes reporting to meet all of your needs - board, compliance, grant and internal, with an easy-to-use interface reducing implementation and training costs.
Black Mountain Software, Inc. 145 Southlake Crest, Suite 1 Polson MT 59860 www.blackmountainsoftware.com Black Mountain Software provides fund accounting, utility billing, payroll, and cash receipting solutions specifically designed for local governments and special districts. Rely on our easy-to-use software products to ensure regulatory compliance and improve operational efficiency.
Value Added Benefits
California CAD Solutions, Inc. ENDORSED AFFILIATE PO Box 4779 Modesto CA 95352-4779 www.calcad.com California CAD Solutions, Inc. specializes in GIS implementations that are deemed impossible. CCS maintains a highly qualified staff of GIS professionals providing cost effective, “downto-earth” approaches to GIS. Call to schedule an appointment today. Caselle 1656 S. East Bay #100 Provo UT 84606 www.caselle.com Caselle is a leading provider in government accounting software. With software for life, excellent support and over 40 integrated solutions, Caselle successfully powers more than 1,200 organizations across the United States. GovInvest 3625 Del Amo Boulevard, Suite 110 Torrance CA 90503 www.govinvest.com GovInvest helps State and local municipalities reduce their unfunded pension and OPEB liabilities with unique actuarial software that provides agencies visual analysis, projections, and scenario comparisons for better informed decisions.
Granicus (formerly NovusAGENDA) 2900 Glades Circle, #250 Weston FL 33327 www.novusolutions.com Granicus provides technology that empowers government organizations to improve citizens’ lives by offering the industry’s leading cloud-based solutions for communications, meeting and agenda management, and digital services. JCG Technologies 9941 East Mission Lane Scottsdale AZ 85258 www.jcgtechnologies.com JCG Technologies helps you save time and money by providing modern meeting management solutions: digital audio/video recording and minutes management, agenda and meeting management, meeting webcasting, and audio/video systems.
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Laserfiche 3545 Long Beach Boulevard Long Beach CA 90807 www.laserfiche.com Since 1987, Laserfiche has used its Run Smarter philosophy to create simple and elegant enterprise content management (ECM) solutions. California special districts use Laserfiche software to manage records, documents, and workflow. MyPaperLessOffice 4500 East Thousand Oaks Boulevard, #100 Thousand Oaks CA 91362 www.emcentrix.com MyPaperLessOffice is an online Human Resource System where employers can manage HR, payroll, time tracking, job applicants, employee onboarding, forms, benefits, and more all integrated, using only modules they need.
Streamline ENDORSED AFFILIATE 2321 P Street, 1st Floor Sacramento CA 95816 www.getstreamline.com Stay compliant with state and federal website requirements! Publish important content easily with Streamline Web, the only tool created specifically for special districts. With easy to use tools including agenda reminders, meeting and transparency dashboards, you will no longer have to worry about whether or not you’re covered. SUEZ Advanced Solutions 1230 Peachtree Street NE, Suite 1100 Atlanta GA 30309 www.utilityservice.com SUEZ Advanced Solutions provides comprehensive condition assessments, rehabilitation services, and sustainable asset management solutions throughout the whole water cycle.
TimeClock Plus 1 TimeClock Drive San Angelo TX 76904-5917 www.timeclockplus.com Celebrating 30 years of business, TimeClock Plus provides premier workforce management solutions by streamlining existing business processes to enhance productivity, ensure compliance, and streamline real-time data for over 60,000 organizations. Tyler Technologies 5101 Tennyson Parkway Plano TX 75024 www.tylertech.com Tyler Technologies provides special districts with software solutions to integrate financials, grant and fund accounting, HR and payroll, parks and rec, asset maintenance, and more. With more than 15,000 clients, Tyler helps organizations stay connected to the communities they serve.
CSDA Membership Delivers More. CSDA is proud of our ability to provide strong, respected representation of special districts at the state capitol. We’re happy to bring quality education programs to your board members and staff. And we’re delighted to be the association you trust to get timely, valuable information. But did you know your membership in CSDA can deliver even more to keep your agency running efficiently and effectively? We are constantly on the lookout to identify and partner with businesses that have a reputation for topquality services, products and customer support. CSDA’s Value-Added Benefits deliver cost-effective solutions to meet your agency’s needs now and in the future. It’s just one more way CSDA membership delivers more. Call Member Services at 877.924.2732 for a complete listing of value-added benefits.
CSDA members have access to exclusive programs delivered by our California Special Districts Alliance Partners: • CSDA Finance Corporation – visit www.csdafinance.net for tax-exempt municipal financing • Special District Risk Management Authority (SDRMA) – visit www.sdrma.org for cost-effective Workers’ Compensation, Property & Liability and Health Coverages
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2018 CSDA Buyers Guide
Our Experts Can Help You
Nail down your AGENCY’S financing needs www.csdafinance.net
Value Added Benefits
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A proud California Special Districts Alliance partner.
SOLUTIONS & INNOVATIONS
Local Governments Face Talent Crisis By Dr. Frank Benest
Local governments of all kinds are losing the war for talent. According to a recently released Talent Initiative report sponsored by Cal-ICMA (the California affiliate of the International City/County Management Association), special districts as well as cities and counties are having great difficulties attracting, retaining and developing talent. These talent challenges undermine the ability of special districts and other local governments to deliver responsive services and meet new demands.
Key Findings
To assess the talent challenges facing local governments in California, the Cal-ICMA Talent Development Team conducted a review of the available literature, a survey of 372 senior managers, interviews with private and non-profit sector thought leaders, and 11 focus groups throughout California involving 272 local government executives. Based on this research, the report identified several key findings:
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• In the face of the baby-boomer “retirement wave,” local governments have not adequately built a talent pipeline. • Local governments can no longer rely on “stealing” talent from other agencies. More than ever, public agencies need to grow their own talent. • Based on the meaning and purpose of our work, local government has a potential competitive advantage in attracting and retaining talent. However, we in local government are not telling our story. • Talent retention is largely about learning, challenge and engagement. Employees who are learning and growing are more likely to stay with an organization. • Talent development happens in the middle. The problem is that midmanagers typically do not perceive
developing talent and coaching direct reports as primary functions. • Retooling organizational cultures to better attract and retain earlycareer talent will enhance our organizations for all employees and improve performance and productivity. • Winning the war for talent is more about culture than money. • The top development need for emerging leaders is “soft” leadership skills, including communication skills.
Themes from Interviews with Thought Leaders In order to enhance our understanding of how to better compete for talent, especially millennial talent, the Talent Development Team conducted four interviews with recognized “Thought Leaders” from
California Special Districts • May-June 2018
the technology and non-profit sectors. The interviews with thought leaders generated several themes: University students are asking about the opportunities provided by service in local government: • Are there big problems to solve in government? • Am I interested in helping solve these big problems? • Will I be empowered to help solve the big problems? Given these questions, local government has two big challenges: Local government has a branding challenge. In attracting younger talent, we need to focus on the big problems that we need to solve. Local government also has an organizational culture and work systems problem. Early-career employees are frustrated that their organizations utilize old tech and cumbersome processes, do not move fast enough, and provide little autonomy to get things done. It is about culture and the way that local government does its work. Talent initiatives must be led by the chief executive who links talent to the big strategic goals the agency and holds other senior managers accountable for talent work and results. Local governments must tell their story, especially regarding the opportunity to serve and make a difference.
Recommendations
The Talent Initiative report provides a menu of diverse recommendations for local government executives, including special district general managers. Leaders can start anywhere in implementing some of the recommendations in the report to better attract, retain and grow talent. Here are ten ideas to consider in beginning your efforts: 1. Conduct a simple workforce analysis (showing retirement risk now and
Volume 13 • Issue 3
in five years for different employee groups) in order to highlight any talent vulnerabilities 2. Hire one or several university interns and/or term-limited Management Fellows (those graduating with Masters) in order to build your agency’s talent pipeline 3. Eliminate minimum qualifications for entry-level positions; hire for potential or learning agility 4. Enhance job announcements showcasing the meaning and purpose of the work, organizational values and culture, and opportunities to grow and develop 5. Fully utilize “stretch” assignments, including participation on crossfunctional project teams 6. Train all supervisors and managers on how to coach and conduct development conversations with direct reports (see ICMA Coaching Program training videos at www. icma.org/coaching) 7. Ensure that supervisors and managers provide ongoing performance feedback to employees, not just a once-a-year performance evaluation 8. Conduct “stay interviews” with key talent (or better yet with all employees)—go to https://icma.org/ cal-icma/preparing-next-generation for stay interview questions 9. Incorporate more flexibility into scheduling, including where appropriate telecommuting 10. Engage employees in free ICMA Coaching Program webinars and distribute Career Compass columns (go to www.icma.org/coaching to access all Coaching Program resources)
Start a Conversation about Your Employee Value Proposition
To get started in retooling “stodgy” organizational cultures, special district leaders can start a conversation about their agency’s Employee Value
Proposition (EVP). The EVP can be clarified by asking the governing board, top management, and general employees three (3) questions: • Why would a talented professional want to join our organization and stay with us? • Why would a talented professional be reluctant to join our organization and stay with us? • What are a few action steps that we need to take in order to enhance our Employee Value Proposition? Start a conversation (and then do something!).
Further Information To view the executive summary and the full report of the Cal-ICMA Talent Initiative, go to icma.org/cal-icma/preparing-next-generation For further information about the Cal-ICMA Talent Initiative, contact: - Dominic Lazzaretto:DomLazz@ArcadiaCA.gov - Nat Rojanasathira: nrojanasathira@danville.ca.gov - Frank Benest: frank@frankbenest.com Dr. Frank Benest is the former City Manager of Palo Alto and currently serves as the Liaison for Next Generation Initiatives for the International City/County Management Association.
IN THIS ARTICLE
10 IDEAS TO ATTRACT TALENT The Talent Initiative report provides a menu of diverse recommendations for local government executives, including special district general managers. Leaders can start anywhere in implementing some of the recommendations in the report to better attract, retain and grow talent.
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TAKE ACTION
Possibility of Redevelopment Agencies Rising with AB 3037 and AB 1778
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variety of bills have been introduced concerning property tax increment financing, the same mechanism by which former redevelopment agencies (RDAs) were funded. As introduced, both AB 3037 (Chiu) and AB 1778 (Holden) would have authorized the diversion of the property tax increment away from special districts and other local agencies to reestablish RDAs. After opposition from CSDA and a coalition of other stakeholders, AB 1778 was not heard in committee and AB 3037 was amended. AB 3037 now attempts to return all diverted revenue via a “passthrough” mechanism. CSDA is working constructively with the author’s office to ensure special districts and other local agencies do not have property tax revenue diverted away without their consent. CSDA has serious concerns with measures attempting to resurrect RDA, and proposes: • Other recently created tools should be utilized before contemplating the return of RDAs. • RDAs should not divert local property taxes away from other local agencies without their consent. • All local agencies that voluntarily participate in RDAs should have access to representation on the RDA board.
Take Action Visit the Take Action section of csda.net to learn more about legislation, contact information or to submit a sample letter. Subscribe to our Advocacy News Community As a CSDA Member take advantage of our most up-to-date information.
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AB 1912 Makes Districts Responsible for JPA Pension Liabilities
AB 1912 (Rodriguez) would impose joint and several liability upon each member agency of every JPA for the pension liabilities for every JPA of which they are a member. As a consequence, as part of government accounting standards, local agencies would be required to report 100 percent of the unfunded liabilities of every JPA they are party to. The increased liabilities from AB 1912 could hurt the credit rating of districts, impacting their ability to finance infrastructure projects or acquire other necessary financing. In some cases, the unfunded pension liabilities of a JPA may be significantly larger than the annual budget of their smaller member agencies and lead to some public agencies surpassing their constitutional debt limit. AB 1912 would also amend longstanding Memorandums of Understanding (MOUs) and burden JPA members with liabilities they would never have accepted and could never have expected. Historically, State law has specifically allowed agencies forming JPAs to include provisions within MOUs that specify they are not liable for the debts, liabilities, and obligations of the JPA. CSDA is strongly opposed to this legislation and will continue to engage with our membership and the Legislature on this issue.
Support Continues for Website Transparency Legislation
In response to requests from the State Legislature and the Little Hoover Commission, and in furtherance of CSDA’s efforts 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. 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. As written, the legislation recognizes barriers that prevent some districts from successfully maintaining a website and allows these districts to exempt themselves by detailing their hardship circumstances in a resolution adopted in a public meeting. Districts throughout the state have submitted letters to their legislators voicing their support for SB 929. Last month, SB 929 passed both the Senate Governance and Finance Committee and Senate Appropriations Committee unanimously.
California Special Districts • May-June 2018
os t o Ph From ento
SPECIAL DISTRICTS
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CSDA Advocacy Team: (left to right) Anthony Tannehill, Rylan Gervase, and Dillon Gibbons
CSDA Advocacy & Public Affairs Director Kyle Packham
CSDA Board President Greg Orsini
Volume 13 • Issue 3
Danielle Coates, Eastern Municipal Water District accepts the Ralph Heim Exceptional Outreach & Advocacy Award
CSDA CEO Neil McCormick, Assemblymember Anna Caballero, and CSDA Board President Greg Orsini
CSDA Legislative Representative Anthony Tannehill and Assemblymember Anna Caballero
Colleen Haley, Public Affairs Field Coordinator works with attendees during the Network Café.
CSDA Senior Legislative Representative Dillon Gibbons, CalPERS CEO Marcie Frost and CSDA CEO Neil McCormick
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MANAGERS CORNER
Awesome Culture Creating an
By Melissa Asher, CPS HR Consulting
“Culture eats strategy for breakfast” is one of my favorite Peter Drucker quotes, attributed to him in 2006. Yet, it remains as powerful today as ever, with a more recent publication in 2013 by Curt Coffman and Kathie Sorenson titled Culture Eats Strategy for Lunch. Is dinner much further behind? Indeed, culture transcends all meals and has emerged as a key factor in organizational performance, good or bad. How can we harness this powerful concept to build an awesome culture within our public sector organizations?
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What is culture? First, we need to understand what culture is. Culture is the values, beliefs, and behaviors practiced in an organization. Basically, it defines the proper way to behave within an organization. One only has to do something outside of the cultural norm to quickly understand through various feedback mechanisms, peer or supervisory, that they have stepped outside of the boundaries. “We don’t do things that way around here.”
This type of feedback reinforces the shared beliefs and values that make up culture, shaping employee perceptions and behaviors. What can make this hard is that culture is both visible and invisible. Some elements come about because of visible, often written, policies and protocols, professional standards, and stated values. But many cultural elements are unseen – these are the unwritten rules that drive employee behavior. Things like norms and expectations of the group. An example
California Special Districts • May-June 2018
might be, it is okay to show up to meetings a few minutes late if you are prepared when you arrive or sometimes you can get away with asking for forgiveness rather than permission on decisions. In any organization it is important to realize that the culture we have was formed over time because it was rewarded or punished by formal and informal rules, rituals and behaviors. This is both good and bad news. If you have some pervasive less-thandesirable behavior in your organization, it is likely being reinforced through some mechanism that might be hard to pinpoint and change. But the good news is that once you understand what is driving the behavior you can influence and change it.
How can you figure out what your culture is? Dave Gray, the author of The Connected Company, created a tool to do just that – the Culture Map. This tool gives you a framework to map your current culture and create a strategy to move to a different desired cultural state. The first step is to identify the behaviors you are seeing. What do we do? What do we say? How do we act? It is important to be honest and to recognize that you may have different cultures in different parts of your organization. An example of a behavior might be a 24-hour response time to customers, both internal and external. The second step is to define the outcomes. What results are we seeing? What are we getting done? What is the impact? Following through on our example with response time, how does that response time result in happy customers or good teamwork? You might think that was the hard part, but the next step, Enablers and
Volume 13 • Issue 3
Blockers, is where it gets really interesting. With this step you will map out the things that lead to positive or negative behaviors. What formal and explicit things like rules, incentives and procedures are influencing behavior. Don’t forget the informal and implicit things like unwritten rules, habits, and routines, they are often even more powerful. Let’s take an example of an organization that wants to be more innovative. Some examples of blockers might be one-size fits all decision making, laborious approval processes, or lack of recognition for improving even simple processes. Enables might be a risk-acceptance mentality, supporting learning labs, practices that support iterative piloting, or recognition at an all-staff meeting.
Creating an awesome culture Thinking through a Culture Map can be a valuable exercise within your organization so that you understand your current culture and can more
In any organization it is important to realize that the culture we have was formed over time because it was rewarded or punished by formal and informal rules, rituals and behaviors.
thoughtfully guide any desired culture changes. When an organization has a strong culture, three things happen: 1. Employees know how top management wants them to respond to any situation, 2. Employees believe that the expected response is the proper one, and 3. Employees know that they will be rewarded for demonstrating the organization’s values. Based on our work with public sector organizations we have identified seven elements of an awesome culture. These elements can form the foundation for continued on page 44
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MANAGERS CORNER
What you will find over time is that people are drawn to organizations with characteristics and values similar to their own.
formal and informal and explicit and implicit behavior guides. 1. Open communication 2. Questions are desired and respected 3. Development and coaching happens at all levels 4. Trust is established 5. People are encouraged to show-up fully 6. Agreed-upon commitment and accountability 7. Listening to understand the other perspective 44
To start making a culture change select one or two of the behaviors above, or something else that is critical to the success of your organization. Then figure out how to make those behaviors easier, more rewarding, and normal for people to do. You can use the Culture Map to determine Enablers. What we mean by easier is employees know how to exhibit the behavior and things don’t get in the way of the new behavior. More rewarding simply means employees will like the outcome
when doing the new behavior. Lastly, let’s look at normal. When employees think about who they admire or want to emulate, is that person exhibiting the new behavior? If they are, it can be a strong pull toward a new normal way of doing things. Usually, making the new behaviors easier, more rewarding and more normal involves a variety of methods like offering skill development or knowledge, establishing incentives, removing organizational impediments, California Special Districts • May-June 2018
and supporting leaders to commit to consistently modeling these behaviors. What you will find over time is that people are drawn to organizations with characteristics and values similar to their own; organizations are more likely to select individuals who seem to “fit in”; and over time those who don’t fit in tend to leave. Thus, culture becomes a self-reinforcing social pattern that endures. Therefore, paying attention to culture and making course corrections along the way will keep your organization on track and help you steer hiring decisions toward people who will continue your success and safeguard your organization from spiraling into something you don’t recognize. Reference: blog.strategyzer.com/ posts/2016/1/11/best-practices-howto-use-the-culture-map
About CPS Established in 1985 as a self-supporting public agency, CPS HR Consulting provides a full range of integrated HR solutions to government and nonprofit clients. Our strategic approach to human resources improves organizational performance for clients across the United States. Headquartered in Sacramento, California, CPS HR has offices in Austin, Texas and Atlanta, Georgia. Our 80+ full-time employees and 200+ project consultants serve more than 1,200 public and nonprofit clients throughout the United States and Canada.
SAN FRANCISCO
About Melissa With over 24 years of experience in human resources, specializing in training and development, test administration, and recruitment, Melissa brings a wealth of practical expertise to her Senior Leader role. As a handson leader, she is responsible for the growth and development of CPS HR’s Training and Development and Executive Search Divisions as well as leading key business development activities. Adding to her Bachelor’s Degree in International Relations from the University of California, Davis, she is a certified Project Management Professional (PMP) through the Project Management Institute and has her Senior Professional in Human Resources Certificate (SPHR) from the Society for Human Resource Management. Additionally, she has published numerous articles in HR and related association publications, and regularly speaks at conferences.
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Volume 13 • Issue 3
45
LEGAL BRIEF
Converting From At-Large to By-District Elections Under the California Voting Rights Act By Derek P. Cole and Sean D. De Burgh, Cota Cole & Huber LLP
Your district receives a letter claiming the at-large elections for its governing board violates the California Voting Rights Act (“CVRA”). The letter claims “racially polarized voting” exists in your district’s elections and alleges that a particular class of voters’ power is diluted as a result. The letter threatens a lawsuit—and substantial attorney fees—if your district does not switch to “by district” elections. How do you respond? This article answers the key questions that will arise if your district receives such a letter. It is intended to provide a practical discussion of your district’s options for converting to by-district elections when faced with potential CVRA liability. (A more comprehensive version of this article is available in the Open Forum page of the CSDA website.)
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What is the CVRA and how is it Violated?
The CVRA prohibits any political subdivision from using any at-large method of election that “impairs the ability of a protected class to elect candidates of its choice or influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters are members of the protected class….” (Elec. Code, § 14027.) An at-large voting system violates this standard when “racially polarized voting” (“RPV”) exists. (Id., § 14028(a).) RPV exists when there is a difference in how members of a protected class vote versus members not within the protected class. (Id., § 14026(e).) Whether RPV exists is generally determined by statistical analyses performed by a qualified demographer. Importantly, RPV is not determined solely by how the electorate voted in elections involving your agency’s governing board. In a CVRA lawsuit, the court may look at the voting preferences of groups in elections involving other agencies California Special Districts • May-June 2018
(such as cities, counties, and school districts), state elections (for the Assembly or Senate, for example), and ballot initiatives (state or local). (Id., §14028(a)-(b).) An agency’s intent or lack of intent to discriminate also is not relevant in determining whether RPV exists. (Id., § 14028(d).) CVRA violations can occur—and often have been alleged to occur—in jurisdictions where elected bodies are perceived to be progressive on issues of race relations. Finally, the fact that candidates of a protected class have been elected to a governing board does not negate a finding that RPV exists for that class. Under the CVRA, the history regarding class members’ success as candidates is only a factor that may be considered in determining the existence of RPV. (Ibid.)
What is the Remedy for CVRA violations?
If a court finds that RPV exists, the CVRA requires it to implement an appropriate remedy. Usually, this involves the court ordering the agency to implement by-district elections. (Elec. Code., § 14029.) In by-district elections, candidates reside within election districts that are divisible parts of the political subdivision and are elected only by voters that reside within those districts. (Id., § 14026(b).) Fortunately, the Legislature has provided a way for agencies to avoid having a judge decide such important—and fundamentally political—matters. In 2016, the Legislature enacted AB 350, which created a “safe harbor” by which agencies can voluntarily convert to by-district elections and avoid having to defend against CVRA lawsuits. (Id., § 10010.) In this legislation, the Legislature included a key enticement: in exchange for moving away from atlarge voting systems, agencies can not only avoid litigation, but their exposure to a potential CVRA plaintiff’s attorney fees is limited to $30,000. Given the huge attorney fee awards some agencies had experienced in CVRA litigation, this cap on attorney fees was a big victory for local agencies.
which to consider whether to convert from at-large to bydistrict elections. If the agency chooses to proceed with the conversion process, it must adopt a resolution within the 45 days expressing its intention to do so. (Id., § 10010(d)(3)(A).) If your agency decides to convert to by-district elections, the resolution it adopts must identify the steps that will be taken to facilitate the transition to by-district elections and the timeframe for the conversion process. (Id., § 10010(e)(3)(A).) Adoption of this resolution extends the safe-harbor period for avoiding a CVRA lawsuit by 90 days. (Id., § 10010(e)(3)(B).) After adopting the resolution, your agency will be required to hold at least four public hearings. Initially, your agency must hold at least two hearings to gather input regarding the composition of the proposed new districts and timing of district elections. (Id., § 10010(a)(1).) These meetings must occur over a period of no more than 30 days. (Ibid.) After the initial two meetings, your agency must then publish a draft map of the proposed districts. (Id., § 10010(a) (2).) If your agency proposes to stagger the elections of the new districts, it must also publish the proposed election sequence. (Ibid.) Following such publication, and within 45 days, your agency must then hold two public hearings to consider and adopt a final district map and election sequence. Elec. Code, § 10010(a)(2). (The first of these hearings cannot occur until at least seven days after publication of the draft map or maps. Ibid.) The district election system must be adopted by resolution. (Id., § 10650.) continued on page 48
How Should My District Respond to a CVRA Demand Letter? AB 350 changed the CVRA to require plaintiffs to first send a written notice to an agency before filing suit. After serving such a notice by certified mail, the plaintiff must wait at least 45 days before filing an action. (Elec. Code, § 10010(e)(1)-(2).) This gives the agency a safe-harbor period in
Volume 13 • Issue 3
47
LEGAL BRIEF
How Are Districts Drawn?
A number of factors go into the drawing of districts. As a starting point, to ensure the principle of “one person, one vote,” districts should include about the same number of persons in each district. Some variation in the populations of districts are permissible, but usually the variance should not exceed five percent above or below the average that should exist per district. Generally, districts must also be contiguous and compact. These terms are technically distinct, but they combine to provide that districts must have some rational shape about them. Districts should follow visible features and boundaries when possible. Long, twisted, contorted, and oddly-shaped districts can suggest a desire to further ulterior motives. In theory—although not always in practice—the districting process should not take into account incumbency and partisan interests. Importantly, districts should also attempt to preserve communities of interest. These are contiguous populations that share some common social or economic interests. Downtown corridors, historic districts, and subdivisions are examples—by no means exclusive—of areas that would be communities of interest.
When do By-District Elections Begin?
Generally, incumbents should be allowed to serve out their terms. (Elec. Code, § 10650.) However, under the CVRA, agencies must “give special consideration to the purposes of the [CVRA]” and “take into account the preferences expressed by members of the districts.” Delaying the creation of districts for the convenience of the existing elected officials may not remedy a CVRA violation.
“One solution may be to start district elections for those seats that are up at that first election that follows and to assign the remaining districts to the seats that are up at the following election.”
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For that reason, your district should implement district elections at the first election that follows the adoption of its resolution adopting by-district elections. One solution may be to start district elections for those seats that are up at that first election that follows and to assign the remaining districts to the seats that are up at the following election. If that approach is taken, district elections should begin immediately for the seat or seats that are likely to have the most members of the relevant protected class. One final observation: 90 days is barely enough time to accomplish all that is required to convert to by-district elections. Your district will likely need to put other matters on hold while the process goes forward. Effective planning at the beginning of the process is essential.
Derek Cole is a co-founder of Cota Cole & Huber and Sean De Burgh is partner of the firm. Both specialize in municipal law and litigation. Mr. Cole can be reached by email at dcole@cotalawfirm.com and Mr. De Burgh at sdeburgh@cotalawfirm.com. Both can be reached by phone at 916.780.9009.
California Special Districts • May-June 2018
Business Affiliate Special Acknowledgements BUSINESS AFFILIATE
DIAMOND LEVEL
BUSINESS AFFILIATE
PLATINUM LEVEL
Atkinson, Andelson, Loya, Ruud & Romo www.aalrr.com
Best Best & Krieger www.bbklaw.com
Richards Watson Gershon www.rwglaw.com
CSDA Finance Corporation www.csdafinance.net
Hanson Bridgett www.hansonbridgett.com
Umpqua Bank www.umpquabank.com
Meyers Nave www.meyersnave.com
Pacific Gas & Electric Company www.pge.com
Special District Risk Management Authority www.sdrma.org 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
Renne Public Law Group, LLC (RPLG) www.rennepubliclawgroup.com
California CAD Solutions www.calcad.com
Liebert Cassidy Whitmore www.lcwlegal.com
SmartWatt Energy www.smartwatt.com
Climatec www.climatec.com
Nossaman www.nossaman.com
Streamline www.getstreamline.com
CPS HR Consulting www.cpshr.us
PARS www.pars.org
Tyler Technologies www.tylertech.com
CV Strategies www.cvstrategies.com
Yeah, we’ve got a great magazine, but… we’re more than just a glossy cover. Your agency’s membership in CSDA gives you access to a variety of added benefits and services. Visit us online at csda.net and take a look under Member Resources. • CSDA Commercial Card Program – improved expense control, cash flow, and rebate potential • Digital Mapping Solutions – for districts without dedicated GIS staff or software • Discounted Vehicle Rentals – get government rates and other perks • Tax-Exempt Financing – whether you need $50 thousand or $50 million • First Aid & Safety Products – 20% discount from the nation’s largest provider of van-delivered items • GASB Reporting Compliance – pay just a fraction of the cost of a full valuation • Pooled Investments – local government investment fund that consistently outperforms LAIF • Risk Management Coverages – ensure maximum protection of resources • Utility Bill Analysis – uncover and correct billing errors • Website Design – build a compliant website in just 20 minutes Volume 13 • Issue 3
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MANAGING RISK
CSDA Board and Staff
Spring Safety/Claims Education Day and Legal Update
O
n Tuesday, March 20th the Annual Safety/Claims Education Day was held in Sacramento. There were a total of 175 attendees representing 90 member agencies. 75 attendees registered for the Claims Education presentations. There were 44 attendees at the Safety Specialist presentation and 56 attendees at the SDLF presentation. • Gordon Graham gave the keynote presentation on Predictable is Preventable – Understanding Real Risk Management; • Defense Attorney James Ward and CRO Timoney conducted a general session on Understanding Leave Laws for Your Agency; • David Aranda, SDA conducted the SDLA Governance Foundation Workshop; • Alan Larson, SDRMA Safety Consultant conducted the Supervisor Specialist Safety Certificate Program.
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Concurrent sessions were conducted in the afternoon for both PLP and WCP program attendees. • Workers’ Compensation − FRAUD, Special Investigation Debbie Yokota, SDRMA & Dalene Bartholomew, Probe Information Services • Property/Liability − What is a Dangerous Condition? Dennis Timoney • MemberPlus Online New Features Demonstration: SDRMA & The iFish Group • Workers’ Compensation − Return to Work, The Interactive Process: Debbie Yokota • Property/Liability − Managing the Claims Process: Dennis Timoney On behalf of the Board and staff of SDRMA, we would like to thank all members who attended and our partners for making another successful workshop possible. California Special Districts • May-June 2018
LEGAL UPDATE Arvizu v. City of Pasadena, Cal. 2nd Appl Dist. Div 3 B277951 One of the topics discussed at our recent Spring Education day was the Recreational Trail Immunity found in the California Government Code. A recent Court decision strengthened a public entities use of this immunity. Trail immunity has been examined by the appellate courts numerous times over the past 18 months, most recently in Arvizu v. City of Pasadena, where the plaintiff entered a public park after hours and injured himself when he slid down a trail and fell over a retaining wall. Granting the City’s motion for summary judgment, the trial court held that trail immunity applied—which the Second District appellate court recently affirmed. Trail immunity protects public entities from liability when would-be plaintiffs suffer injuries while using public property for recreational purposes. In theory, trail immunity seems like a straightforward defense – if a person becomes injured while using public property for recreational purposes, the public entity should be immune. In practice, however, it is not always clear when trail immunity applies and when it does not. In Arvizu, the court rejected the plaintiff’s contention that the trail and the retaining wall constituted a dangerous condition, particularly if used at night. While the court acknowledged that trail immunity deprives would-be plaintiffs of recovery, it further stated that it would not second-guess the Legislature’s determination that such immunity should be made available to public entities. The court discussed at length the policy consideration behind the immunity: encouraging public entities to keep trails and parkland open and available for public use without the specter of potential litigation from injuries suffered.
Relying on precedent, the court clarified that the availability of trail immunity depends on the recreational nature of the trail itself, and not how a would-be plaintiff actually uses the trail. In doing so, the court discussed other trail immunity cases, including Leyva v. Crockett & Co., Inc. and Garcia v. American Golf Corp., both from early 2017. Here, the Arvizu court quickly distinguished Garcia, stating that unlike the situation in Garcia, the City trail did not involve a golf course or an asset of the City that generated revenue. Ultimately, the court reasoned that the hill and retaining wall in Pasadena over which the plaintiff fell was a condition arising from the location and design of the trail, and concluded that the City was immune from liability related to the location and design of the trail, including any alleged failure to post warnings or install guardrails. The court also highlighted the fact that the plaintiff had to cross the trail to get to the retaining wall, and would not have suffered any injury if he had not crossed over the trail. The decision in Arvizu appears to be aligned with the bulk of the trail immunity cases, further underscoring practitioners’ concerns that Garcia may be an outlier given its particular factual underpinning. However, the California Supreme Court denied review and de-publication of Garcia. Accordingly, public trails will retain protection under the law—so long as the claim is not related to a condition of the land independent of a trail or a revenue-generating public enterprise. © Best, Best & Krieger LLP 2018
continued on page 58
SDRMA Board and Staff Officers
Staff
Jean Bracy, SDA, President, Mojave Desert Air Quality Management District
Laura S. Gill, CPA, Interim Chief Executive Officer
Ed Gray, Vice President, Chino Valley Independent Fire District
C. Paul Frydendal, CPA, Chief Operating Officer
Sandy Raffelson, Secretary, Herlong Public Utility District
Dennis Timoney, ARM, Chief Risk 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 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 3
Ellen Doughty, ARM, Chief Member Services Officer Heather Thomson, CPA, Chief Financial Officer Debbie Yokota, AIC, Claims Manager Wendy Tucker, Member Services Manager Susan Swanson, CPA, Finance Manager Alana Little, HR/Health Benefits Manager Danny Pena, Senior Claims Examiner Alexandra Santos, HR/Health Benefits Specialist II Heidi Singer, Claims Examiner I Michelle Halverson, Accountant Kayla Kuhns, Member Services Specialist I Teresa Guillen, Member Services Specialist I Special District Risk Management Authority 1112 I Street, Suite 300, Sacramento, CA 95814 tel: 800.537.7790 • www.sdrma.org
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MONEY MATTERS
Strategies to Manage Increasing Pension Costs By Steven M. Berliner, Partner, and Danny Y. Yoo, Attorney, Liebert Cassidy Whitmore
I
n California, increasing pension costs are already starting to crowd out any discretionary spending for many public agencies. Recent news from the California Public Employees’ Retirement System (“CalPERS”) offers little hope for relief for CalPERS agencies. In the last few years, actuarial changes at CalPERS will lead to even higher employer rates over the next few years. One significant change is reduction in CalPERS’ “discount rate” (i.e., assumed investment rate of return) from 7.5% to 7%, meaning that in order to pay for a defined benefit, employers must contribute more to the fund.
Legal Framework
For public agencies, managing these cost increases is a daunting task. CalPERS agencies are bound by the Public Employees’ Retirement Law (“PERL”) and Public Employees’ Pension Reform Act of 2013 (“PEPRA”), which place limits on an employer’s options for reducing costs. CalPERS contracting agencies are also bound 52
At Liebert Cassidy Whitmore we are your lawyers and trusted partners, helping special districts navigate challenging situations and find practical legal solutions. Clients call on us for advice and counsel, compliance reviews, and representation in all areas, including: • • • • • • • • •
Employment Law Labor Relations and Negotiations Business Law Construction Law Retirement Law Health Benefits Law Wage & Hour Law Disability Law Training
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You serve others and LCW is honored to serve you. www.LCWLEGAL.com
California Special Districts • May-June 2018
by the constitutional principles related to vested rights. On top of that, public agencies must further be cognizant of the Meyers-Milias-Brown Act (“MMBA”) and their obligations to notify and/or bargain with employee associations regarding changes to pension benefits. With this backdrop, it is no wonder that public agencies have grown frustrated in trying to manage their increasing pension costs. However, while juggling all these obstacles is difficult, it is not impossible. It will require a lot of creativity and strong leadership.
form. Agencies that participate in the CalPERS medical program have additional statutory constraints limiting their ability to reduce these benefits. You should work with legal counsel to analyze these specific issues to determine if this is a viable option for your agency. Steven M. Berliner and Danny Y. Yoo are attorneys in the Los Angeles office of Liebert Cassidy Whitmore where they provide representation and legal counsel to special districts on a variety of labor and employment matters. Steven is the Chair of the Firm’s Retirement, Health and Disability Practice Group. For more information, contact info@lcwlegal.com.
Strategies
Have employees share more of the burden To some extent, PEPRA was a legislative attempt at this by eliminating employer-paid member contributions (“EPMC”) for new members (i.e., most of those who became CalPERS members on or after January 1, 2013) and requiring that these employees pay at least 50% of the “normal cost.” For classic members, agencies can start to reduce EPMC and have employees pay more of the employee contributions required by statute. This is usually one of the first things agencies do when trying to reduce costs, as it can be imposed upon represented employees after exhausting the meet and confer process. For both classic and new members, employers and employees can agree that employees will pay some of the employer’s portion as well (i.e. cost sharing under Government Code section 20516). Government Code section 20516.5, which was part of PEPRA, became effective on January 1, 2018. For the first time, it allows employers to impose, in limited amounts, the equivalent to cost sharing after meet and confer. It applies only to classic members. Reduce “PERSable” items Employers can negotiate modifications to compensation and benefits with employees to reduce the amount that qualifies as “PERSable” compensation. For example, instead of more PERSable salary, employers could provide for more paid time off or health benefits. Another creative strategy is to purposely structure specialty pays so that they do not comply with CalPERS’ regulation on special compensation, making them non-reportable. Restructuring retiree health benefits Public agencies could also attempt to lower their current and future retiree health benefit costs. Moving retirees into more affordable plans will reduce the costs for your agency. Reducing the amount contributed by the agency is also being considered by many public agencies. However, employers must approach either of these strategies with caution. A vested rights analysis should be done to determine whether these benefits are constitutionally protected in their current Volume 13 • Issue 3
Over $17M in Financing The CSDA Finance Corporation has facilitated over $17 million in special district financings so far this year, ranging from a cemetery expansion to an aquatic center project. If your agency has a project planned or is looking to refinance prior debt, call 877.924.2732 or visit www.csdafinance.net
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
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DISTRICTS MAKE THE DIFFERENCE
New Release! Watch the Latest Districts Make the Difference Video
A
s part of the public outreach campaign developed to increase awareness and understanding of special districts, the Districts Make the Difference website includes videos that highlight all the different district types. The last video in the series of seventeen videos was recently released and features the important services provided by transit districts. The innovative operations and projects of the AlamedaContra Costa Transit District
At your next meeting with the public, try showing one of the district videos as a general introduction to special districts. (AC Transit) are highlighted in the new video. Serving California’s East Bay, AC Transit operates 155 bus lines and 5,500 bus stops in Alameda and Contra Costa counties. The video features the progress of AC Transit’s Bus Rapid Transit project and recognizes their focus on sustainability with the largest fleet of continuously operating zero emission buses in the world. Although each video features a specific district such as AC Transit, the
videos can be universally used by all special districts. Explaining the essential services and work of special districts can be difficult when the public is often unaware of the districts serving their community. The Districts Make the Difference videos can be a helpful starting point, bridging the gap of understanding. If a picture is worth a thousand words, a video must be worth a million. At your next meeting with the public, try showing one
of the district videos as a general introduction to special districts. Once the foundation is laid with the video, explain how your district provides similar services in your community. The Districts Make the Difference videos can also serve as inspiration. If your district is considering a video highlighting your specific district, look to the videos already available for possible content and design ideas. Also, make sure to look out for the upcoming
Infographics Available Online There are six unique infographics available as part of the Districts Make the Difference campaign toolkit. The infographics provide a visual representation of the different district types, special facts about special districts, and the history of special districts.
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California Special Districts • May-June 2018
Districts Make the Difference video contest. Encourage students in your community to create a video featuring your district and enter the contest for a chance to win a scholarship. Videos are an important visual tool that will leave a lasting impression on the public. Utilize the District Make Difference videos and other resources at www.DistrictsMaketheDifference.org.
Did You Know?
The Districts Make the Difference campaign offers fact sheets that explain special districts and the different services they provide throughout California. There is a fact sheet for each of the seventeen district types and two additional fact sheets that provide general information about special districts and the Districts Make the Difference campaign. The fact sheets describing the different district types are also available in Spanish.
was honored with the Excellence in Public Information and Communications (EPIC) award for its Water Bottle Fill Station programs. EMWD was one of two finalists in the Most Innovative Communications category for its Water Bottle Fill Station program. EMWD has worked to install nearly 80 water bottle fill stations at Eastern Municipal Water parks, schools and public venues District Recognized For throughout its service area. The Outstanding Community stations promote the use of tap water and have resulted in the Outreach reduction of tens of thousands of Eastern Municipal Water disposable plastic water bottles District (EMWD) was recognized from landfills. for outstanding community The judges said they were outreach through the California “impressed with the long-term Association of Public Information connection made with the Officials (CAPIO). community” through the Water During its annual awards Bottle Fill District’s Station program. event onOrange April 11, 2018,Mosquito EMWD and Vector County Control 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 3
MAKE THE
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MANAGING RISK continued UNIMPROVED NATURAL LAND The purpose of the natural condition immunity is to encourage public use of unimproved government property by relieving government agencies from being “‘put to the expense of making the property safe, responding to tort actions, and paying damages.’” Sounds like a good idea, right? Keep reading to learn how you can be denied damages by a public entity if you camp in an area that is classified as “unimproved.” The natural condition immunity was discussed in the recently published case of County of San Mateo v. Superior Court of San Mateo County (2017) 13 Cal.App.5th 724. As shown by County of San Mateo, the issue is not straightforward and there are many factors to be considered such that summary judgment is generally not appropriate. Indeed, the lead drafter of the Government Claims Act, Professor Van Alstyne, contemplated that “the distinction between the ‘developed’ land and the ‘undeveloped’ sectors of a park might well be difficult to identify in terms of boundary lines on a map, and might have to be treated as a question fact…”
In County of San Mateo, plaintiff child brought a lawsuit against the County of San Mateo alleging premises liability and dangerous condition of public property after he suffered injuries as a result of a 72-foot tall diseased tree falling on his tent while camping within a County-owned wilderness area. The County moved for summary judgment on the grounds that it was immune from liability under the natural condition immunity. The trial court denied the County’s motion, concluding that there were triable issues of fact as to whether the subject property was “unimproved” within the meaning of the statute. First, the trial court pointed out that the campsite where plaintiff’s injuries occurred had been “improved” by a clearing, picnic tables, a fire pit, a barbecue pit, and bumper logs and that in the tree’s immediate vicinity, there were two other developed campsites and a paved roadway. Next, the trial court distinguished the matter from an earlier similar case, Alana M. v. State of California (2016) 245 Cal.App.4th 1482. In Alana M., a public entity was found to be immune from liability in a suit
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brought against it by plaintiff who had similarly been injured by a falling tree. The Court there explained that the public entity was immune since the tree (and not the plaintiff) was located on unimproved property. The Alana M. Court determined that in interpreting Government Code § 831.2, the relevant inquiry should be the character of the property where the natural condition (in Alana M., the tree) is located, and not the location of where the injury occurred. In County of San Mateo however, plaintiff presented expert opinion that the tree at issue had roots which grew underneath the campsite where plaintiff suffered his injuries. As such, the trail court determined that there were triable issues of fact and therefore, summary judgment would not be appropriate. Last, the trial court considered expert opinion presented by plaintiff that man-made physical alterations contributed to the diseased condition of the tree which ultimately caused it to break and fall onto plaintiff, causing him injuries. The trial court determined that this evidence presented by plaintiff also created a triable issue of fact of whether such man-made contributions caused the subject property to be considered “improved” such that the County would not be entitled to summary judgment. © Bradley & Gmelich LLP 2018
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For further information contact SDRMA Chief Risk Officer Dennis Timoney at dtimoney@sdrma.org. California Special Districts • May-June 2018
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Volume 13 • Issue 3
Trusted Risk Management
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