2018 CA Special District Sept-Oct

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 13, I s s u e 5

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

Interview with

Sarita Maybin

Board Secretary/Clerk Conference Speaker November Propositions Could Increase Water Funding and Decrease Property Tax Revenue

Take Action: Little Hoover Commission Recommendations 25% Completed & Counting

Managers Corner: Political Discussions in the Workplace

Do You Have An Effective Government Relations & Communications Partner?

Rojas Communications Group Can Help You Make A Difference!

Today local cities, counties, special districts and government employee associations cannot afford not to have a government relations and communications program. To effectively represent your municipality and agency interests, a government relations & communications program is an integral part of the organization’s method of communicating what issues are important to them and their various stakeholders.

At Rojas Communications Group, our municipal and government agency clients can effectively outsource all of their public affairs, communication & community outreach needs to us, enabling you to enjoy an aggressive, cost-effective and worry-free management of all these important services.

We provide you with customized services which include: • Direct Lobbying (local, state & federal) • Strategic Planning • Legislative Monitoring • Coalition Building • Crisis Management • Media Relations & Training • Community Engagement & Outreach • Public Information Officer Consulting • Campaign Consulting for Ballot Initiatives & Bond Measures • Web and Social Media Consulting

CALL US TODAY AT

Benefits: • Educate Stakeholders On Issues • Increase Positive Community Engagement & Retention • Protect Your Interests • Cost-Effective Management • Customized Programs • Proactive Initiatives

VOICE

213.400.8664 TO GET A FREE CONSULTATION! www.rojascommunications.com

2

California Special Districts • Sept-Oct 2018

California Special Districts Association Districts Stronger Together

2018 BOARD SECRETARY/CLERK Premiere Training and Certificate ProgramTM for Board Secretaries/Clerks

October 22-24, 2018 • South Lake Tahoe, California

Co-sponsored by the Special District Risk Management Authority Volume 13 • Issue 5

3

TABLE OF CONTENTS

November Propositions Could Increase Water Funding and Decrease Property Tax Revenue

18

05 CEO’s Message 06 Professional Development 08 CSDA News 14 You Ask, We Answer:

Transition to 9/80

Work Schedule 16 Ask the Experts:

A New Era of

Labor Issues 26 Movers and Shakers

If You Can’t Say Something Nice, What DO You Say? 32

22

Take Action: Little Hoover Commission Recommendations 25% Completed & Counting

34 Managers Corner:

Political Discussions in

the Workplace 36

Legal Brief: Legal Implications of Local Government Use of Social Media

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

4

100 Years in the Making

28

38 Solutions & Innovations:

Social Media 40 Risk Management:

Employment Law Update 44

Money Matters: “Time-of-Use” Electric Rates Are Changing, and Districts Need to Understand the Impact

47 Districts Make the Difference:

Still Time to Win a Scholarship

For advertising inquiries, contact CSDA at 877.924.2732 or advertising@csda.net.

California Special Districts • Sept-Oct 2018

CEO'S MESSAGE

The Four Seasons of Advocacy As we approach Fall, it’s a great time to reflect on what has been a busy and productive year for our advocacy and public affairs efforts here at CSDA. We sponsored new legislation related to websites for special districts Neil McCormick (SB 929), reviewed thousands CSDA CEO of bills that were introduced, actively worked hundreds of bills related to pensions, public works, property taxes, and more on behalf of CSDA members. We are even advocating on a few statewide ballot measures. Our entire CSDA team have been very busy!

That said, none of it would be possible without the support and active participation by CSDA’s membership throughout the year. Whether you’re a staff member at a small district or an elected official at a very large district, your grassroots advocacy is at the heart of our success as a group...special districts in California.

The seasons are changing and so should your district’s efforts as they relate to advocacy. Below are some brief reminders of some fairly straight-forward things you can do each season to make a BIG difference:

Fall: Host your local legislators and their staff for tours of your district facilities.

Attend your local legislator’s community events and invite them to yours.

Winter: Setup a meeting or tour for your local news reporter or editor.

Request a “meet and greet” with each newly-elected local legislator.

Sign-up for your local legislator’s eNewsletter and social media; add them to yours too.

Spring: Attend CSDA’s Special Districts Legislative Days to get current on issues important to your district.

Update your CSDA Grassroots Mobilization Survey at www.csda.net.

Respond to CSDA “Calls to Action” on priority legislation. continued on page 6

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, SDA, Secretary, Santa Ynez Community Services District

Cathrine Lemaire, Member Services Director

Ryan Clausnitzer, SDA, 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 5

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

5

PROFESSIONAL DEVELOPMENT

Conference Sponsors

CEO’s Message continued

Thank you to these generous sponsors for their support of the 2018 CSDA Annual Conference & Exhibitor Showcase: Champion Sponsors • California Special Districts Finance Corporation • Special District Leadership Foundation • Special District Risk Management Authority Advocate Sponsors • Best Best & Krieger, LLP • McMurchie Law

• Liebert Cassidy Whitmore • Meyers Nave

Friend Sponsors • Atkinson, Andelson, Loya, Ruud, & Romo • Bank of the West • Banner Bank • BHI Management Consulting • BNY Mellon Trust Company, N.A. • Brandis Tallman, LLC • Burke, Williams & Sorensen, LLP • California Association Public Information Officials (CAPIO) • Contractor Compliance and Monitoring, Inc • Granicus • Koff & Associates • NBS • Nossaman, LLP • Prager & Co., LLC • Probolsky Research • Richards Watson & Gershon • Streamline • Townsend Public Affairs • Umpqua Bank • U.S. Communities • Wells Fargo Bank *as of 09/4/18 • Zions Bank

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.

Our attorneys provide counsel to special districts in areas such as Public Finance, Public Agency Law, Water, Environment, Land Use, Infrastructure, Employment, Data Protection, Insurance Recovery, Public Policy, and Eminent Domain. What solutions are you seeking?

nossaman.com

6

Summer: Meet with each of your local legislators in their district offices.

Continue to respond to CSDA “Calls to Action” on priority legislation.

CSDA’s tagline is “Districts Stronger Together” for a reason... by working together in unison, we collectively can have significant influence, implement positive change for your district and the constituents you serve, and increase the overall awareness of districts among key stakeholders.

As the seasons change, be sure your advocacy efforts do too!

“Preventing the Violence” Session Set for Board Secretary/ Clerk Conference

Returning attendees at this year’s Board Secretary/ Clerk Conference, October 22 – 24, 2018 in South Lake Tahoe can choose from among eleven new breakout session options.

One session that’s sure to have a lasting impact on attendees is “Preventing the Violence” presented

by Adam Coughran of Standards Training Group, a consulting firm dedicated to helping businesses deter crime and mitigate violence.

This interactive session will address increasing the odds of detecting potentially violent behavior before it starts; and should the behaviors be missed, increase the odds of surviving a violent event.

For more information on the Board Secretary/Clerk Conference as well as a complete conference schedule visit csda.net.

California Special Districts • Sept-Oct 2018

P O R T E R

S C O T T

ATTORNEYS When you look closely, the answer becomes clear.

Porter Scott has provided public agencies with right answers to their litigation problems for over 42 years.

Porter Scott. Problem Solved.

* There are 33 words in this puzzle!

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

CSDA NEWS

CSDA Board Election Results SEAT A -2019-2021 Term

New Liquidity Fund Joins CalTRUST Offerings

Northern Network Ralph Emerson, General Manager Garberville Sanitary District Sierra Network Noelle Mattock, Director El Dorado Hills Community Services District Bay Area Network Chad Davisson, SDA, General Manager Ironhouse Sanitary District

CalTRUST, CSDA’s Endorsed Affiliate, is offering members a new investment fund option.

As of July 2, the new CalTRUST Liquidity Fund officially opened, with features including: • Stable net asset value (NAV) • Same day liquidity • 60-day maximum duration

Central Network Joel Bauer, SDA, General Manager West Side Cemetery District Coastal Network Elaine Magner, Director Pleasant Valley Recreation & Park District Southern Network Jo MacKenzie, Director Vista Irrigation District The 18-member board consists of three directors from six networks in California, is elected by mail. If you have any questions on the board election process please contact Beth Hummel, executive assistant, at 877.924.2732 or bethh@csda.net.

This new fund joins CalTRUST’s four existing options – short and medium-term funds, money market fund, and government fund.

Over 135 California special districts and other public agencies look to CalTRUST for safety, liquidity, and maximized yields.

Visit www.caltrust.biz for more information or contact Kyle Tanaka at kyle@caltrust.org.

James Marta & Company LLP CERTIFIED PUBLIC ACCOUNTANTS

Accounting, Auditing, Tax and Consulting

SPECIAL DISTRICT FINANCIAL SERVICES

AUDIT, ACCOUNTING AND CONSULTING

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

Other services include: n n n n

Performance audits Fraud Investigation Compliance audits Custom workshops

n n n n

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

Have you registered for the CSDA Annual Conference and Exhibitor Showcase?

If so, you are now part of the Annual Conference Community! Receive updates about the event including the session materials as they become available. Use this community to connect with your fellow attendees, set up ride sharing, meet for coffee, and more!

David Becker, CPA — Partner (916) 993-9494 dbecker@jpmcpa.com n www.jpmcpa.com 8

California Special Districts • Sept-Oct 2018

THE POWER OF ONE CARD Consolidate all the features and benefits of purchasing, travel and fleet cards into one powerful business tool, the CSDA Commercial Card from Umpqua Bank.

This highly customizable Commercial Card program is backed by VisaÂŽ and designed for your business, so you can securely manage expenses and payables without needing multiple card programs.

4000 4 0 0 0 1000 1 0 0 00000 0 0 00000 0 0000 GOOD THRU GOOD THRU

CSDA CSDA C SSSMITH SMITH C

01/20 01/20

Ready to streamline your business?

Reach out anytime to learn more.

Vanessa Ryan

Trevor Mael

Dean Stephens

Corporate Banking Relationship Manager 916-724-1214 vanessaryan@umpquabank.com

Corporate Banking Relationship Manager 916-774-3921 trevormael@umpquabank.com

Corporate Banking Manager 916-774-3937 deanstephens@umpquabank.com

Subject to credit approval.

Member FDIC Equal Housing Lender

SBA Preferred Lender

CBC17.770

CSDA NEWS

tw o lo c at i o n s i n 2 0 1 9

S an D i e g o • A p r i l 7 - 1 0 Napa • July 7-10

10

California Special Districts • Sept-Oct 2018

MORE INFORMATION coming SOON!

achieving district goals... together.

A Comprehensive Governance Leadership Conference for Elected and Appointed Directors/Trustees.

Special District Leadership Academy Conference presented by CSDA and co-sponsored

by SDRMA

Volume 13 • Issue 5

11

CSDA NEWS

12

California Special Districts • Sept-Oct 2018

Look for upcoming information about the 2019 General Manager Leadership Summit to be held in Newport Beach, June 23-25.

CSDA’s

GENERAL MANAGER LEA A leadership conference for general managers and other management staff in special districts Volume 13 • Issue 5

13

Questions Appear in CSDA Communities

YOU ASK, WE ANSWER

Q&A

Transition to 9/80 Work Schedule

14

Catherine Pritchett, Director of Administrative Services, Inland Valley Development Agency Does anyone have experience in transitioning your agency from a traditional work schedule (five 8-hour days) to a compressed 9/80 work week?

Mark Martin, General Manager, Rancho Murieta Community Services District My experience with a 9/80 schedule comes from working with a City that has offered 9/80 for the last eight years or so. There is a great benefit to staff to have an alternate Friday by which to schedule appointments, services, etc. However, my personal experience was I did not find staff to be as productive in the extra hour of a 9-hour work day.

Perhaps one of the most important considerations I think escapes most, is that the 9/80 schedule compresses the number of days (from 10 to 9) you and your staff have to interact with consultants and other outside vendors to accomplish work needed to meet critical deadlines. You would be surprised how much difference a day makes over a period of two weeks. Another factor is a 9/80 schedule can lead to ongoing confusion of the public as to which Friday public offices are open. Going to a 9/80 is a significant benefit to staff that cannot be underestimated. Nonetheless, it’s good to consider the option with eyes wide open from a management perspective.

C.J. Dillon, Office Manager, Channel Islands Beach Community Services District We made the transition years ago and it was easy. We split our staff to work every other Friday, so we could stay open five days a week. We also offer every other Monday off. We have eight employees and this schedule has worked out great for us. The customers win, our Board is happy we are available to the public five days a week, and the employees still get to enjoy a three-day weekend every two weeks. With this size of staff, it was all or nothing, so all employees are on this schedule.

Jeff Tucker, Chief Financial Officer, Napa Sanitation District The transition to 9/80 has some FLSA implications that you should be aware of, to avoid federal overtime liability. The way to avoid this liability is to redefine the workweek to begin halfway through the flex day. I have attached a memo that we write up for every employee who is on a 9/80 work schedule that defines the workweek and lays out expectations regarding compliance with overtime rules.

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 • Sept-Oct 2018

s n o i t u l o s R H t e d in roo rt i se e p x e

ional t a z i n Orga egy Strat ent m t i u r c g, Re on n i t s e T cti & Sele tion & a c i f i s Clas sation n e p Com ng & i n i a r T ent m p o l Deve

Att CPS A CP CPS S HR HR Consulting, C Consu nsulting, s g we e ap appl apply apply decades decad decade cadess off experience experie expe experien e n serving servin the tthe public p icc sector secto to develop dev develo elop op HR R solutions solution solut so ssolutio t n that help h agencies like yours perform pe errform their the best. Regardless of your objectives, we we can help - with performance-focused HR services such as organizational strategy, testing, recruitment and selection, classification/compensation and training and development.

Volume 13 • Issue 5

Visit CPSHR.us to learn more

15

ASK THE EXPERTS

A New Era of Labor Issues

By Jenell Van Bindsbergen, Partner at Lozano Smith

After 40 years of longstanding precedent, wherein public sector unions were allowed to collect agency fees from non-union members, the United States Supreme Court has held, in Janus v. AFSCME, that public employees may not be compelled to pay mandatory agency fees, or “fair share” fees, to publicsector unions without affirmative consent, because such fees violate the First Amendment. This decision immediately affects laws in at least 22 states, including California.

In support of its decision the Court noted “[c]ompelling individuals to mouth support for views they find objectionable violates that cardinal constitutional command, and in most contexts, any such effort would be universally condemned.” Thus, “[n]either an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.”

However, the story does not end with the Janus ruling. In anticipation of the ruling, California proposed Senate Bill (SB) 866, which was adopted and signed into law by the Governor on June 27, 2018, and became effective immediately. The new California law relates directly to public employers’ deduction of union dues and fees. Among other new requirements, public employers are now required to rely on the representations of the union regarding which employees have authorized deductions of union fees. Such a requirement arguably creates a potential conflict with the Supreme Court’s express statement that an employee must “affirmatively consent to pay,” because under SB 866 not only do employers have to rely on union representations, but the 16

California Special Districts • Sept-Oct 2018

employer is also not entitled to see the authorization before making a deduction unless there is a dispute.

SB 866 also: • requires employers to honor the request of the union to implement payroll deductions; • requires the employer to direct questions regarding cancelation or changes to the employee organization; • requires unions to indemnify public employers against claims regarding dues deductions made in reliance on information provided by the union; • permits public agencies to recover, from the dues and fees transmitted to the union, the actual reasonable cost of making the deductions; • makes the date, time and location of new employee orientation sessions confidential; • prohibits public employers from discouraging or deterring

public employees or applicants from becoming union members, remaining union members; or authorizing fee deductions; and • requires the employer and union to meet and confer regarding any mass communication related to public employees’ right to support or join, or to refrain from supporting or joining, a union.

Following the Court’s decision and the new legislation, California agencies must now decide how to move forward in this new era of contradiction. Accordingly, in consultation with legal counsel, public agency employers may wish to: (1) review their collective bargaining agreements to determine how the Court’s decision and the new laws impact current contract language, and determine whether any immediate action or negotiation is required; 2) develop a communication plan to address the likely questions that will

SAN FRANCISCO

come from employees and unions; 3) communicate with union leadership to confirm and identify employees who are agency fee payers and develop a strategy to ensure prompt compliance; and 4) keep apprised of other bills currently pending in the California Legislature that address union dues and labor relations.

For a comprehensive toolkit and breakdown of these critical new changes, download a Janus Toolkit at www.lozanosmith.com/janustoolkit.php.

Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

Author: Jenell Van Bindsbergen, jvanbindsbergen@lozanosmith.com

&

TAHOE / TRUCKEE AREA STUDIOS

WWW . WYARCH . COM

• PROVIDING SERVICES TO CALIFORNIA SPECIAL DISTRICTS FOR OVER 30 YEARS • E XPERIENCED • LEEDTM

WITH PROJECT DELIVERY UNDER

C ALIFORNIA P UBLIC C ONTRACT C ODE

CERTIFIED PUBLIC AGENCY PROJECTS , INCLUDING

• S ERVICES : C OMMUNITY

OUTREACH ,

THROUGH CONSTRUCTION AND

F ACILITY

P LATINUM

PROGRAMMING , AND

1- YEAR W ARRANTY

LEVEL

M ASTER

PLANNING

REVIEW

MAINTENANCE & STORAGE BUILDINGS | ADMINISTRATION BUILDINGS | FIRE STATIONS | PARKS & REC FACILITIES | FIELD OPERATION BUILDINGS

Volume 13 • Issue 5

17

FEATURE

November Propositions Could Increase Water Funding and Decrease Property Tax Revenue

California’s statewide elections could dramatically change the revenue for special districts and other local agencies. This year, CSDA tracked several statewide ballot measures and adopted positions on four of them.

18

California Special Districts • Sept-Oct 2018

NOVEMBER PROPOSITIONS

Of the four for which CSDA has a position, one was approved by the voters on the June ballot, one was withdrawn by its sponsor, and two will appear on the November 2018 ballot.

Parks Bond Passes and Punitive Anti-Tax and Fee Initiative Withdrawn The first measure, Proposition 68, was passed by the voters on the June 2018 primary ballot. Placed on the ballot by the State Legislature, Proposition 68 authorizes approximately $4 billion in general obligation bonds for state and local parks, environmental protection and restoration projects, water infrastructure projects, and flood protection projects. Known more simply as the “Parks Bond,” Proposition 68 provides $900 million for neighborhood parks in areas determined to have a low number of parks, as well as $425 million for grants to local governments on a per capita basis for park creation and improvement.

CSDA supported the measure.

On June 28th, a proposed measure CSDA actively opposed was withdrawn and will no longer appear on the November 2018 ballot. The proposed initiative would have made it virtually impossible for local governments to raise taxes or fees to provide quality essential services. The “Tax Fairness, Transparency and Accountability Act of 2018” was a broadly written measure that would have affected all local agencies and their communities. It was largely funded by beverage companies and opposed by local governments and organized labor.

Proponents voluntarily withdrew the tax and fee measure when the Governor signed compromise legislation that bars cities and counties from adopting soda taxes for the next 12 years, sparing all parties a costly election battle and the possibility of a dramatic change to local revenues had the measure been successful in November.

Proposition 5: Base Value Property Tax Portability CSDA has adopted positions on two initiatives appearing on the November 6, 2018 general election ballot. Proposition 5 or the “People’s Initiative to Protect Volume 13 • Issue 5

Proposition 13 Savings,” is of interest to special districts that receive a share of ad valorem property tax revenue. Funded by the California Association of Realtors, it amends Proposition 13 in an effort to allow those who are over 55 years old or severely disabled to transfer their property tax base to a replacement residence, with some adjustments depending on the value of the purchase, without regard for value or location or limitation on frequency.

Proposition 5 provides new formulas for taxing residences where the replacement dwelling purchase price is below or above the sale value of the original dwelling, as well as those dwellings destroyed in a disaster.

Under Proposition 13, ad valorem property taxes are generally capped at one

Visit with PARS in Indian Wells During the CSDA Annual conference September 24th-25th!

percent, and the property’s taxable value increases by no more than two percent per year. Generally, if the property is sold and changes hands, it is then reassessed at full market value.

Since the 1978 passage of Proposition 13, several changes by ballot measure have altered the Proposition 13 property tax structure including Proposition 60 (ca.1986), which allowed certain base value transfers for those over the age of 55 intracounty (if such policies are approved by that county) for principal residences of equal or lesser market value.

Proponents of the recently qualified initiative claim that Proposition 13 keeps people in their homes longer than they would ordinarily stay, as their home values have appreciated, and assert that there is a moving penalty to relocating or downsizing, as their Proposition 13 base values would be reassessed at market value upon purchase of a different home. However, Proposition 5 is not limited to transfers to smaller homes or even less expensive homes. It would further disadvantage first-time home buyers competing for home purchases against current homeowners over 55 years of age.

Opponents of Proposition 5 cite the potential instability of, and reduction in, continued on page 20

Maximize Use of Reserve Funds with some key benefits of the PARS Pension Rate Stabilization Program (PRSP) including: • Maintain local control • Greater earning potential • IRS-Approved 115 Combo Trust • Use funds to pay pension costs at any time • Potential for improved credit rating • Offset future pension rate increases by lower discount rate assumptions • Prefund OPEB and Pension in the same trust • Address GASB 68 liabilities For more information, please contact us at:

www.pars.org

Mitch barker at (800) 540-6369 x 116 or mbarker@pars.org Dennis Yu at (800) 540-6369 x 104 or dyu@pars.org 19

FEATURE

revenues for local services. When a person moves, they expect to find the high quality local services that they are accustomed to at their new residence. In fact, these types of local government services are often marketed as value-added to the purchase by adding value to the community and property.

According to the well-respected Legislative Analyst’s Office, this measure would: “…reduce property tax revenues for local governments.

Additional property taxes created by an increase in home sales would partially offset these losses, but on net property taxes would decrease. In the first few years, property tax losses would be a few hundred million dollars per year, with schools and other local governments (cities, counties, and special districts) each losing around $150 million annually. Over time these losses would grow, likely reaching between $1 billion to a few billion dollars per year (in today’s dollars) in the long term, with schools and other local governments each losing $1 billion or more annually.”

CSDA has adopted an oppose position on this measure.

Proposition 3: Water Quality Bond Proposition 3, “The Water Supply and Water Quality Act of 2018,” would authorize $8.777 billion in general obligation bonds for state and local projects in categories like safe drinking water, Sustainable Groundwater Management (SGMA) implementation, watershed restoration, fish and wildlife habitat conservation, and

infrastructure repair.

Some of the specific projects the measure envisions include: • $750 million for safe drinking water and wastewater treatment in disadvantaged communities; • $400 million for wastewater recycling; • $400 million for groundwater desalination; • Funding allowances to repair and restore various infrastructure and regional environments among other funding opportunities.

Proposition 3 is a citizen’s initiative water bond that will appear on the November 2018 ballot. There is only an 18% overlap in funding categories with June’s Proposition 68.

California’s recent catastrophic drought and subsequent flooding shows the need for increased funding for water infrastructure and flood protection projects. Proposition 3 will provide millions to local agencies for water infrastructure and environmental protection. Of interest to special districts is the money for clean water projects, watershed protection, and groundwater management. Opponents have expressed concerns that the funding could be used to build dams or that these projects are better completed by using general fund dollars. However, this funding will help special districts improve the quality of services provided to the public and meet state mandates. CSDA is supporting the measure.

Representing California public agencies for over sixty years.

Greg Stepanicich Jim Markman Roxanne Diaz Ginetta Giovinco Whitney McDonald

20

Construction

Labor & Employment

Special Districts

Eminent Domain

Litigation

Telecommunications

Energy

Public Agency Law

Transportation

Environmental

Public Finance

Waste Management

General Counsel

Real Estate

Water Law

888.479.4529

California Special Districts • Sept-Oct 2018

Our Experts Can Help You

Nail down your AGENCY’S financing needs www.csdafinance.net

Volume 13 • Issue 5

21

A proud California Special Districts Alliance partner.

INTERVIEW

If You Can’t Say Something

Nice,

What DO You Say? California Special Districts interviews CSDA Board Secretary/Clerk Conference Keynote Speaker Sarita Maybin, doing a Constructive Confrontation Presentation on “If You Can’t Say Something Nice, What DO You Say?” We’ve all been told “If you can’t say something nice, don’t say anything at all.” In Sarita’s high energy presentation based on her book provides practical approaches and positive phrases for those times when you need to say something NOT so nice. Learn how to have difficult conversations and to constructively clue someone in, deflect the negative comment of a well-meaning friend, or let a business colleague know what he or she is doing drives you crazy — without destroying the relationship.

22

California Special Districts • Sept-Oct 2018

Maybin’s journey as a motivational speaker, communication expert and author began at an early age when she discovered you could run from conflict, but you could not hide from it. As the eldest of four children in a military family who moved every two to three years, there were many people they met who they missed when they had to move to a new place, but sometimes there were those it was easy to say “bye, bye” to. They would be happy to go because there were some people who got on their nerves, rubbed them the wrong way, or people they just did not get along with. “Sometimes the way people rotated in their military assignments, they would end up in the same place that we did too!” If it was not them in a new place, it was someone else with the same

it in a way that does not crush the other person. It does not have to be harsh. “That is my hope for the participants, that they walk away with tools that allow them to share things that are uncomfortable or maybe awkward, but to do it that in a way that is not harsh,” said Maybin.

More specifically, Maybin gave some other highlights of the exciting content she will be sharing at the Board Secretary/ Clerk Conference in October.

One is learning when to confront a situation and when it is best to just let it go. “This is important as we sometimes debate if we should approach situations, if they will resolve themselves or maybe just get better on their own,” said Maybin.

She will be sharing three steps that can actually be used to confront in a positive way. This is based on a whole chapter in Maybin’s book on the three-step process of confronting and sharing concerns. Maybin’s favorite topic she will be sharing in her presentation is on her “Top Ten Positive Communication Phrases.”

Participants will receive a take away postcard with these positive communication phrases they can use as a helpful cheat sheet.

In Maybin’s workshops and keynotes, she often asks audiences, “Is your glass half empty or half full?” to demonstrate a negative-topositive point. California Special Districts ask her to explain how this impacts relationships in the workplace. Maybin referenced this quote from a popular writer Anais Nin, “We don’t really see the world as it is. We see the world as we are.” We really look at the world through our own lens. If

“Say what you mean, mean what you say, and don’t say it mean.” personality and conflict. “At a very young age,” Maybin said, “I discovered that you can run from conflict, but you cannot hide when it comes to conflict and things that bother us. The same type of things seem to follow us wherever we go; and at some point, we have to figure out how to coexist with the same type of people who rub us the wrong way.”

Maybin’s presentation is based on her book, “If You Can’t Say Something Nice, What DO You Say?: Practical Solutions For Working Together Better.” California Special Districts asked her to explain this, share about the goal of her presentation and what attendees will walk away with. Maybin shared a quote that is key, “Say what you mean, mean what you say, and don’t say it mean.” This is a twist on a popular quote, “Say what you mean and mean what you say,” but the key is to “Say what you mean, mean what you say and DON’T SAY IT MEAN.” Some people think that there are just two options: either not to say something or if you say it, it might be mean. There is a middle ground where we can share concerns, give negative feedback, and do Volume 13 • Issue 5

we are looking for people to be problem, be negative or be trouble we will find it. We can see people in a positive way or we can see people in a negative way. That glass half full or glass half empty lens really colors our relationships.

One of the activities Maybin does is have the audience briefly talk with a neighbor to look at some negative words and how they can find a more positive spin on the word. For example, is the person hyperactive, or are they energetic and enthusiastic? Are they a pest or are they eager, involved and interested? So, we can see things in a negative or positive way; and of course, that impacts our relationships at work and outside of work. This content is always applicable to participant’s real life outside of work as well.

California Special Districts asked Maybin what her top communication tip was. “If there is one tip to take away from the whole presentation it is this: changing our YOU words to I words,” said Maybin. She says this as the bossy older sister of four whose younger siblings would always say, “You’re not the boss of me!” Maybin found as she became a working person in the workplace when she was the boss of people, they still were looking at her like, “You’re not the boss of me. You can’t tell me what to do.” Most of the time we are trying to gain cooperation with people that we are not the boss of. So how do we get their cooperation when we cannot make them do it? “I feel like the communication that we use will help make or break if they want to help us. The slight difference I learned somewhere along the way while getting a master’s degree in counseling was in the use of YOU continued on page 24

23

INTERVIEW

versus I.” Avoid “YOU better do this” or “YOU need to do this by 5:00 p.m.” or “YOU should….” With all those YOU words people tend to put up their defense. “So, I learned early on to not evoke the ‘you’re not the boss of me’ reaction,” shared Maybin.

The secret was to say, “I need you to do this,” “I would appreciate if you did this,” “I would prefer” versus “YOU need to,” “YOU better,” and “YOU should.” It communicates that I need to take responsibility versus you better and you need to. That would be single biggest difference to make a change in our communication.

Maybin shared another important point she will be including in her presentation, “Speak in a way that people love listening to you, but listen in a way that people love speaking to you.” Maybin has found, especially when going to companies, that much of the negativity she hears is based off of not being heard and not feeling validated. Staff feel their supervisors are always telling them what to do; but on the flip side, they are never listening to them. Sometimes we are

24

“Speak in a way that people love listening to you, but listen in a way that people love speaking to you.” good at giving negative feedback, we have all the right words to share our concerns; but when someone gives negative feedback, can we receive that without getting defensive and can we listen to that feedback in a positive way? That twosided coin, “Speak in a way that people love listening to you, but listen in a way that people love speaking to you” is really key because people are more likely to hear us and take feedback if they felt they were heard.

Contact Sarita Maybin at: www.saritamaybin.com or on social media at: Twitter: @saritamaybin, Facebook: @SaritaTalk, and Instagram: @saritamaybin.

California Special Districts • Sept-Oct 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 5

•

t: 916.231.2909

•

www.sdlf.org 25

MOVERS AND SHAKERS

MOVERS& SHAKERS Phillip D. Hawkins was seated as a member of the Metropolitan Water District’s Board of Directors. Hawkins returns to Metropolitan’s 38-member board, where he represented Central Basin Municipal Water District from February to March 2017, from July 2014 to February 2015 and from June 2003 to August 2009. Hawkins follows William Gedney, who joined the board in March 2017. He will serve on the Metropolitan board’s Engineering and Operations Committee and Real Property and Asset Management Committee.

Hawkins was re-elected to his fifth term on Central Basin’s board in November 2016. His Central Basin district consists of the cities of Artesia, Bellflower, Cerritos, Hawaiian Gardens, Lakewood, Paramount and Signal Hill. He is chairman of the Central Basin Administration & Ethics Committee and actively participates in the Colorado River Water Users Association, the Urban Water Institute and the California Contract Cities Association.

Ana María Ruiz was appointed to lead the Midpeninsula Regional Open Space District as the organization’s new general manager. Ruiz is Midpen’s fourth general manager to lead the public agency that was created by voters in 1972. She has been rising through the ranks of the organization for 20 years, earning the role of acting general manager after Steve Ana Maria Ruiz Abbors retired in December.

“Ana María Ruiz is a trailblazer, and the right person to lead Midpen through this time of transition,” said Midpen’s Board President Jed Cyr. “Ana provides the stability and focus needed to ensure a balanced delivery of our mission. She has an incredible understanding of the organization, a keen analytical mind and passion for stewarding public open space and connecting diverse communities to nature.”

Special Districts can’t effectively serve their communities without their most valuable resource: Their employees.

Best Best & Krieger LLP’s Labor & Employment attorneys provide public agency employers with comprehensive guidance, including employee and retirement benefits oversight from our premier public agency-focused team.

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

26

California Special Districts • Sept-Oct 2018

Eastern Municipal Water District was recently honored with the prestigious J.D. Power and Associates award for the 2018 Water Utility Residential Customer Satisfaction Survey.

The study is in its third year and measures satisfaction of residential customers of utilities delivering water to at least 400,000 people.

Satisfaction is gauged by measuring 33 attributes within six factors: delivery, price, conservation, billing and payment, communications and customer service.

EMWD ranked highest in customer satisfaction in the western region, which consisted of 12 states.

The district was one of six agencies recognized across four national regions and had the sixthhighest customer satisfaction score in the nation.

EMWD was also recognized as highest in customer satisfaction among all participating agencies for its customer communications efforts.

Coachella Valley Water District’s Finance Department has been recognized by the Government Finance Officers Association (GFOA) of the United States and Canada, which has awarded a Certificate of Achievement for Excellence in Financial Reporting to CVWD for its Comprehensive Annual Financial Report (CAFR). GFOA’s Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting. Its attainment is a significant accomplishment by CVWD and its management.

The award is for CVWD’s CAFR for the fiscal year that ended June 30, 2017. The CAFR can be viewed on CVWD’s website at www.cvwd.org/ ArchiveCenter/ViewFile/Item/651.

CVWD’s CAFR has won the GFOA award several years in a row. GFOA is a nonprofit professional association with 19,000 government finance professionals among its members, including representatives from CVWD. The Government Finance Officers Association (GFOA) of the United States and Canada recently awarded the Costa Mesa Sanitary District (CMSD) the Certificate of Achievement for Excellence in Financial Reporting for its June 30, 2017 Comprehensive Annual Financial Report (CAFR). This attainment, the highest form of recognition in the area of governmental accounting and financial reporting, represents a significant accomplishment by CMSD and its employees. This is the seventh consecutive year CMSD has received the Certificate of Excellence from GFOA. Volume 13 • Issue 5

Port of Hueneme earned the National Recognition for Excellence in Financial Reporting for Eighth Consecutive Year.

This certificate is awarded by the Government Finance Officers Association of the United States and Canada (GFOA) for the recipients having an outstanding Comprehensive Annual Financial Report (CAFR). Receiving this CAFR recognition indicates a significant achievement by the governmental agency and its management team as this

is the highest award given for governmental accounting and financial reporting.

“We are honored to accept this Certificate of Achievement for Excellence in Financial Reporting for the eighth consecutive year,” said Mary Anne Rooney, Oxnard Harbor District President. “This award affirms our administration’s commitment to the highest standards of accurate and transparent reporting and continues to build community trust in the Port.”

Do you have Movers and Shakers in your districts to highlight?

Send to Communication Specialist Vanessa Gonzales at vanessag@csda.net for consideration in this section of California Special Districts.

27

COMMUNITY CONNECTIONS

Leslie O. Carter Water Treatment Plant

100 Years Making

in the

1918-2018

28

T

he history of Palmdale Water District (PWD) began in 1918 when a new dam was proposed for Little Rock Creek. Due to the cost, it was decided that a public irrigation district could best finance the project.

The public voted to form the Palmdale Irrigation District (PWD’s predecessor), and it became officially established by a resolution signed by the Los Angeles County Board of Supervisors on July 22, 1918.

Exactly 100 years to the day it was established, PWD hosted a community celebration attended by dignitaries, including U.S. Congressman Steve Knight, California Assemblyman Tom Lackey and representatives for California Senator Scott Wilk and Los Angeles County Supervisor Kathryn Barger and more than 600 community members.

The celebration marked the important milestone of reaching 100 years and kick-started PWD’s second century of service.

California Special Districts • Sept-Oct 2018

centennials

The event featured family-friendly activities, including face-painting, a petting zoo, a photo booth, antique cars, a backhoe rodeo and a display of emergency vehicles. Attendees enjoyed free tacos and ice cream, and viewed historical posters and antiques highlighting each decade from 1918 through today.

The countdown to the celebration on July 22 began a year ago with various events and highlights, including researching and sharing PWD’s dynamic history with the community it serves. For the past year, monthly tours to the Littlerock Dam and Reservoir and the Leslie O. Carter Water Treatment Plant were attended by more than 100 people, who took advantage of the behind-the-scenes tours where they experienced the dam up close and learned about the intricate works of PWD’s state-of-the-art water treatment facility.

As PWD moved toward its centennial, it rebranded and replaced its 20-year-old logo with a more modern, sleek and easily identifiable version. The distinct gradient blue

Volume 13 • Issue 5

waterdrop with the “Century of Service” tagline was adopted.

To commemorate this special occasion, PWD published a history book and produced 12 short videos to document its vast and impressive history in the Antelope Valley. The book and videos, along with items from the past century donated by dignitaries and staff, are included in a time capsule that will be sealed for the next 100 years. The plaque on the time capsule asks future employees to open it in 2118 – Palmdale Water District’s 200th anniversary!

Looking back, PWD has grown exponentially from its early days in 1918 when 200 people received service to more than 115,000 individuals who live within its boundaries today. Throughout the century, PWD has undergone major changes to meet water demands. But one thing has never changed – the mission to provide high-quality water to current and future customers at a reasonable cost.

The Palmdale Irrigation District, which changed its name to Palmdale Water District in 1973, provided irrigation water for the agricultural community and built the Littlerock Dam with Littlerock Creek Irrigation

District. The multiple-arch dam on Little Rock Creek was designed by engineer John S. Eastwood, who had previously designed nine dams in the U.S. and Canada. The Littlerock Dam became known as the biggest multi-arch dam in world when it was completed in 1924 following a two-year construction. But through the years, the dam’s integrity was questioned several times. A roller-compacted concrete structure was added to the dam in 1994, which brought it up to state-mandated regulations.

One hundred years later, the Littlerock Dam is still vital to the community it has loyally served.

During the first third of 2018, the Littlerock Dam and Reservoir supplied 44 percent of PWD’s water source. The two other water sources are the State Water Project (California Aqueduct) at 13 percent and groundwater at 43 percent. To distribute water to its customers, PWD maintains 414 miles of pipeline ranging in size from 4” to 48” in diameter, and operates 23 active water wells, 15 booster pumping continued on page 30

29

Littlerock Dam and Reservoir

stations and 20 storage reservoirs with a total capacity of 52 million gallons of water.

Over the years, PWD has updated its facilities to ensure that it can continue to supply high-quality water to a growing community in the unincorporated northeastern part of Los Angeles County and most of the City of Palmdale. In 2009, the then 22-year-old water treatment plant was upgraded and expanded to allow up to 35 million gallons of water per day to be processed using a state-of-the-art Granulated

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

Effective Public Outreach Practical Strategic Planning Big enough to have all the needed expertise.

Small enough to focus on your needs.

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

30

Activated Carbon filtration system. The plant was named the Leslie O. Carter Water Treatment Plant in 2010 in honor of Les Carter who had served on the PWD Board of Directors from 1971-2004.

Today, there are two major projects underway that will take PWD into its second century of providing water services. The first is the Littlerock Reservoir Sediment Removal Project, which will increase the capacity of the Littlerock Dam and Reservoir by removing sediment so that the dam can return to its 1992 planned capacity of 3,500 acre-feet of water. As of today, it will take 7 to 12 years to remove the sediment and the continuing silt that builds up.

The second project is the Palmdale Regional Groundwater Recharge and Recovery Project. This groundwater banking program will take a blend of recycled water and California Aqueduct water, and spread it over a 160-acre site. This comingled water will filter down through the ground where it will join the natural aquifer and later pumped for use.

“We have accomplished a lot in our first 100 years of history, despite droughts, the Depression and recessions,” said PWD General Manager Dennis D. LaMoreaux. “We are optimistic that our second century will be just as successful.”

Your ad here.

make your

mark!

For advertising inquiries, contact CSDA at 877.924.2732 or advertising@csda.net.

California Special Districts • Sept-Oct 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

Data as a Service – One Month Free California CAD Solutions, CSDA’s Endorsed Affiliate, is offering a cost-effective solution for special districts that need a GIS but don’t have or can’t afford dedicated GIS staff.

“Data as a Service” is a monthly subscription that lets you leverage that important data without the expense of special software or staff.

CSDA members get one month free with their initial 12-month term. Some of the members taking advantage of this service include Malaga County Water District, Tehachapi-Cummings County Water District, and Lake Don Pedro Community Services District. Call 800.617.4447 or visit www.calcad.com for information.

California CAD Solutions With the help of California CAD Solutions, CSDA offers the most comprehensive, interactive online map of independent special districts in the state.

Visit www.csda.net/special-districts/map or stop by the California CAD Solutions booth in the conference exhibit hall.

Look for the California CAD Solutions booth in the conference exhibit hall.

Volume 13 • Issue 5

31

TAKE ACTION

5. Fixed-terms for LAFCO commissioners – To be Determined

6. Simplify and make consistent LAFCO protest proceedings – In Progress 7. Require all districts to have a published policy for reserve funds – Required for SDLF District Transparency Certificate of Excellence

8. Standardize State Controller’s definitions of reserves for reporting purposes – New FTR Implemented and SB 1498 Proposal will Update Top 250 Report Improving Transparency

“…Commissioners agreed that the goal of increased transparency was not to micromanage or create unnecessary burdens or significant new mandates for special districts but to improve trust in government. Ultimately, it is in the best interest of special districts to ‘tell their story.’”

Recommendations: 9. Require that every special district have a website – SB

Little Hoover Commission Recommendations 25% Completed and Counting

929 (McGuire) Introduced

10. Disaggregate State Controller reports for independent special districts – Completed 11. CSDA develop best practices for public outreach to serve on district boards – In Progress

One year following the August 2017 adoption of the Little Hoover Commission’s (Commission) report on special districts, CSDA and other stakeholders have accomplished five of the 20 formal recommendations.

The enactment of SB 929 (McGuire) would mark the completion of a sixth recommendation and passage of AB 2258 (Caballero) a seventh. CSDA recently adopted a support position on AB 2258 after collaborating with the author and California Association of Local Agency Formation Commissions on compromise amendments.

The Commission report followed two hearings, two advisory committee meetings, and 12 months of examination.

Recommendations were divided into four sections outlined below along with actions taken in response:

In addition to the 11 recommendations above, the Commission put forward six recommendations concerning climate adaptation, stating, “These forward motions by California districts might, in some or even most cases, be among the most advanced nationally for climate change adaption. Yet, there is clearly more that trade associations for these districts – and also state government – can do to help and also to stay out of their way with regulatory overreach.”

CSDA is in the process of researching opportunities to best address the Commission’s recommendations.

CSDA is also working with the Association of California Healthcare Districts to best respond to three recommendations related specifically to healthcare districts.

Appropriate State Oversight

“After significant additional public input and several deliberations, the Commission still largely agrees, as it did in 2000, that keeping or dissolving a special district remains more of a local choice than a choice to be exercised within the Capitol. Governing issues remain, however, and special districts operations can be improved.”

Take Action: Return this

form to CSDA

200, Sacramento, CA 95814 mail: CSDA, 1112 I Street, Suite email: advocacy@csda.net fax: 916.520.2466

District NetWorks CSDA Contact!

Local NETWORKS YourDISTRICT California Special Districts

Del Norte

Association

Siskiyou

Modoc

Trinity

Humbolt

Tehama

Name:

Mendocino

Plumas

TAKE ACTION

Sierra Network

Sierra

Butte

Glenn

Nevada

Sonoma

Napa

El Dorado

Recommendations: 1. Stop overriding LAFCOs – Ongoing 2. One-time State grant funding for LAFCOs – AB 2258 personal legislative contacts Willingness to contact your to special districts: regarding an issue of importance 4

Contra Costa Alameda

San Mateo

Survey Grassroots Mobilization Do You Know Your Legislator?

Sac. Solano

Marin San Francisco

3

Placer

Sutter Yolo

Bay Area Network

Email:

2

Yuba

Colusa

Lake

District Name:

1

Northern Network

Lassen

Shasta

Alpine

Amador

San Joaquin

Calaveras

Santa Clara

Merced

Santa Cruz San Benito

Tuolumne

Central Network

Mono

Mariposa

Stanislaus

Madera Fresno

Monterey

Inyo Tulare

Kings

Coastal Network

5

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

San Luis Obispo

Kern San Bernardino

Santa Barbara

Ventura

Equipping special district leaders for grassroots advocacy and public outreach

Los Angeles

Riverside

Orange

Southern Network

San Diego

Imperial

WEAK – STRONG

LEGISLATOR NAME

1 2 3 4 5 1 2 3 4 5

1 2 3 4 5

(Caballero) Introduced

Outreach Champion Help Get the Word Out

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

3. Enact SB 448 (Wieckowski) RE: inactive districts – Completed

LAST UPATED APR. 15, 2016

COLLEEN HALEY colleenh@csda.net • Bay Area Network

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

California Special Districts Association

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

Advocacy News community

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

4. Enact AB 979 (Lackey) RE: special district representation on LAFCO – Completed 2018 Take Action Brochure.indd

32

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

STEVEN NASCIMENTO stevenn@csda.net • Central Network

Districts Stronger Together

www.csda.net 3/20/18 11:26 AM

1

California Special Districts • Sept-Oct 2018

How to Take Action at csda.net.

CSDA Sponsored SB 929 Awaits Governor’s Signature

As autumn arrives, legislators prepare to leave their Sacramento offices and return to their home districts where campaigns hit full stride for the November election. The Legislature’s final recess began on August 31 and the Governor now has until September 30 to sign bills into law.

Among those measures is CSDA-sponsored SB 929, authored by Senator Mike McGuire.

SB 929 will increase the awareness, accessibility, and transparency of special districts by requiring all independent special districts to have a website by 2020, while also ensuring local flexibility and recognizing the cost barriers and limitations of some communities, including lack of broadband.

Thanks to CSDA efforts and many letters of support from special districts throughout the state, SB 929 received overwhelming bipartisan support in the Legislature. Your district can express its support for SB 929 and special district transparency by downloading a sample letter from csda.net and joining CSDA in requesting the Governor’s signature.

Take Action Fall • Attend the Closing Breakfast at the CSDA Annual Conference on Thursday, September 27 to hear an update on legislation impacting special districts.

• Invite your local legislators to your community events and host them for a tour of your district facilities. Find the legislators representing your district by visiting csda.net and clicking on “My Advocacy” under the “Advocate” drop-down menu. Contact CSDA if you need help scheduling a meeting.

• Promote the Districts Make the Difference 2018 Student Video Contest and make sure to vote for your favorite video in November at www.

DistrictsMakeTheDifference.org.

Volume 13 • Issue 5

A new component of CSDA’s website is the Take Action page. Simply navigate to the Take Action page from the top navigation, “Advocate” button and you will quickly see a series of actions the association would like you to take, depending on the issue.

Currently there are two issues on the site that CSDA is asking membership to Take Action: November 2018 Taxes and Fees Restriction Initiative - Withdrawn • review details of the compromise • read summary Website Transparency Legislation • submit letter • review background • provide feedback • get latest updates

Join Advocacy News at csda.net Want to keep current on the hottest issues affecting special districts? Get the Advocacy News delivered straight to your inbox by signing up online at csda.net.

Choose to receive real-time notifications or daily summaries and never miss out on breaking news again!

33

MANAGERS CORNER

Political Discussions in the Workplace

By Jeffrey C. Freedman, Partner, Liebert Cassidy Whitmore

It’s summer 2018, the Presidential election was almost two years ago, and yet controversy continues, with the news each day describing what looks like a three-ring circus not just in Washington D.C., but also London, England, Helsinki, Finland, and Pyongyang, North Korea. Pundits have opined that our country is polarized by politics as never before: cities vs. rural areas; college educated vs. high school educated citizens; red states vs. blue states, etc. As a result, politics remains a major topic of discussion between friends, relatives and, of major importance to us, coworkers.

34

What options are available to employers when these disputes spill over into the workplace?

What can an employer do if two or more employees get into heated, boisterous, and perhaps even physical altercations over issues such as the President’s actions or statements, votes taken in Congress, the Supreme Court vacancy or the upcoming November election?

As shall be explained, an employer’s permissible reactions are generally limited to prohibiting political activity only when it impacts the work environment. But even then, ideally only if the employer

has in place and has communicated to its employees its rules requiring that political activity do not interfere with the proper functioning of the workplace.

First of all, it needs to be noted that political opinion is not a protected classification under either federal or state anti-discrimination laws. You will not find it listed in the California Fair Employment and Housing Act or the 1964 U.S. Civil Rights Act. However, political activity tied to a protected classification could lead to charges of discrimination or harassment, and could require an employer to conduct an investigation and to take appropriate remedial actions. As an example, an employee with a disability might claim discrimination or harassment for speaking out about President Trump’s mocking of a disabled news reporter during the campaign.

Another example could be a claim made by a Latino employee who alleges retaliation for speaking out against the President’s plan to build a wall or his actions concerning immigrants along the U.S.-Mexico border.

Beyond the possibility of a statutory claim, private sector employers have greater leeway here, as the First Amendment free speech right only applies to governments.

For public employers, by contrast, the First Amendment protects employee speech if it is on a matter of “public concern” and outside the scope of the employee’s official duties. In such circumstances, courts apply a balancing test to determine if the public employer can nevertheless restrict the speech. Also, in California, specific statutory provisions further limit the right of public employers to restrict political activities by their employees. Government Code section 3203 severely limits the right of cities, counties and most districts to place any restriction on the political activities of employees. One clear exception is that employees are totally prohibited from participating in political activity while in uniform (Gov. Code sec 3206.) Labor Code section 1101 prohibits employers from forbidding or preventing employees from engaging or participating in politics.

Another caveat concerns situations where a political discussion or argument among California Special Districts • Sept-Oct 2018

employees touches on areas involving employee benefits or working conditions.

An employer’s action to stop such discussions could amount to an unfair labor practice as employees have the right to discuss issues relating to their wages, hours and other terms and conditions of employment.

Of course, political spats that involve physical altercations should be addressed with existing agency rules prohibiting workplace violence.

Nonetheless, the Government Code does allow local agencies to adopt rules and regulations that prohibit or otherwise restrict employees from engaging in political activities during working hours and/or on the agency’s premises (Gov. Code sec 3207.) However, in order to avoid applying this provision too broadly, the definitions of “politics” and “activity” need to be examined.

California’s statutes provide no guidance in this regard. The California courts have had only a few opportunities to define “politics,” and have adopted a very broad definition in those situations where they needed to do so. Politics is not limited to supporting or opposing a candidate; it includes advocating or opposing a position or policy on any issue of public concern, such as civil rights, employment discrimination, war, foreign affairs, you name it! The dictionary definition of “activity” is even broader: “behavior or actions of a particular kind” or “the quality or state of being active” with “active” defined as “characterized by action rather than by contemplation or speculation.”

In light of all these considerations, the following is recommended: • Employers and all supervisors should remain neutral and never take sides on any public issue when dealing with other employees.

• Employers and all supervisors should never give preferential treatment to employees whose political views are the same as theirs and should never give less favorable treatment to employees Volume 13 • Issue 5

whose political views are opposed to theirs.

• Employers may adopt reasonable rules and regulations prohibiting political activities during work hours and/or on the agency’s premises. The rules and regulations should be specifically communicated to every employee in writing.

• These rules and regulations should specifically prohibit employees from allowing themselves to get into political disagreements with members of the public.

• As a practical matter, employers should be reluctant to warn, counsel or reprimand, let alone discipline, employees who engage in political discussions unless this interferes with or unduly interrupts the agency’s necessary work performance, involves a physical altercation, or poses an unreasonable risk of injury

to person or property. In most situations, the manager’s action should not go beyond saying, “Hey, get your work done. This is something you can discuss at another time!”

The bottom line is that employers need to tread lightly in dealing with these sorts of situations and limit responses to situations which unduly interfere with getting the agency’s work done or which cross the line into areas protected by law, such as those where a protected classification is implicated.

Legal counsel should be consulted if there are any questions that arise.

Jeffrey C. Freedman is a Partner in the Los Angeles office of Liebert Cassidy Whitmore.

The firm provides comprehensive, responsive, and highly skilled legal advice, representation, litigation services, negotiations and training to special districts throughout California. The firm has offices in Los Angeles, San Francisco, Fresno, San Diego, and Sacramento. For more information, visit www.lcwlegal.com.

At Liebert Cassidy Whitmore we are your lawyers and trusted continued on page 30 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

“The highest of distinctions is service to others.”

-King George VI You serve others and LCW is honored to serve you. www.LCWLEGAL.com 35

LEGAL BRIEF

Legal Implications of Local Government Use of Social Media

By Michael G. Colantuono, Esq., Attorney, Colantuono Highsmith & Whatley, PC

Government service is an expressive business and expressive activity these days is commonly done by electronic means – including social media. Use of social media by local governments, however, raises a number of legal issues.

First, is the Brown Act, which prohibits a majority of a local board, council or commission from deliberating outside a properly called meeting – even by electronic means. This did not mean a Boardmember could not write a letter to the editor and it does not mean she cannot post to a local web forum. However, it does mean that elected officials should be careful in what they post to electronic media, take care not to dialog with their peers – directly or by a chain of messages.

Electronic data essentially never goes away – there is a copy of it somewhere. Therefore, open meeting violations via electronic communications can be easily proven. Note, too, 36

that the Brown Act applies to elected officials as soon as it is clear they have won election – before they are sworn in.

Local agencies are wise to inform their newly elected officials of this so the freewheeling political speech of a campaign can quickly morph into the more controlled communications the Brown Act demands.

Second, is the Public Records Act. The California Supreme Court recently concluded that electronic records of government business are subject to disclosure under this statute even if stored in personal accounts and devices.

Thus, it is wise never to do government business on a private account or device. Local agencies should consider setting up email addresses for their elected officials on agency servers so staff can maintain the records and provide the access the law requires. If this is not practical, government officials should consider keeping separate accounts – one for public business and one for private, personal activity. Agency records retention policies often California Special Districts • Sept-Oct 2018

require preservation of electronic records and part-time, volunteer officials are not in a good position to do this with every social media post, email, etc. It is best if government business is done on government accounts.

Third, as President Trump recently discovered, if you do public business via Twitter or another social media platform, you can create what is known as a “public forum” under First Amendment law. That means you will need to keep your feed open to all comers and allow dissenting views to comment, repost, and otherwise interact with your content.

If you do not want to allow competing views, then make clear your channel is not a government asset, do no public business there, and limit it to your personal and political views. The line between the public and the private can be hard to draw, however, so there is some risk in suppressing views you disagree with (i.e., deleting comments or blocking critics). It is safer to allow those views and simply state your disagreement with them.

Some good practices are to maintain social media accounts in the name of the district and use them only for district business. It will be useful to have a written policy

PREVAILING WAGE &

It will be useful to have a written policy explaining the purpose of an account, limiting its use to government business, and explaining who can decide what to post and what to take down. explaining the purpose of an account, limiting its use to government business, and explaining who can decide what to post and what to take down. Elected officials’ social media accounts should not mix government and private, political activity. Better to have separate accounts for those purposes or to let staff handle all the official communications.

With a little care, this powerful new technology can help you engage citizens, serve your agency, and better your community. Without that care, you can end up with criticism, lawsuits, or worse.

Introducing

LABOR COMPLIANCE ✓ ✓ ✓ ✓ ✓

New Agency Obligations Fines for Non- compliance State/Federal Funded Projects Contractor/Subcontractor Compliance Construction, Service/ Repair and Maintenance Work Covered by PW

Come by our Booth and Drop into our workshop at CSDA’s Annual Conference www.ccmilcp.com  650-522-4403  info@ccmilcp.com CSDA Member

Volume 13 • Issue 5

Data that actually makes sense Information for confident decisions - High Quality Customized data sets Delivered in an industry standard format California CAD Solutions

800-617-4447 www.calcad.com proservices@calcad.com

37

SOLUTIONS AND INNOVATIONS

Social Media Why Engage?

Many question the importance of social media and engaging the public. Engaging the public produces better identification of community values and needs; produces more informed residents; improves local agency decision-making; and more community buy-in and support. It produces faster project implementation; increased community participation and leadership development; and increased trust in local government. When establishing a social media plan, it is important to plan with relevance to the communities your district serves.

Join the Conversation LIKE, FOLLOW, SUBSCRIBE

Social icon

Rounded square Only use blue and/or white.

For more details check out our Brand Guidelines.

Twitter

@CSDAdistricts

Facebook

@CSDAdistricts

Instagram

@CSDAdistricts

38

Social Media Tips:

• Great images – a picture is worth a thousand words!

• Event information • Public safety information • Successful social media begins with planning – a communications calendar is a must! Using social media scheduling tools such as Hootsuite or Social Pilot to save time, record analytics and provide a dashboard of posting – need to measure what matters (followers, likes, shares, comments, clicks and reach)!

• Hot hours for posting based on average social media user: 6-8 a.m., 12 noon, 5-8 p.m.

• Posting pillars: consider using daily topic hashtags such as #MotivationMonday, #TriviaTuesday, #WednesdayWisdom, #TBT, #FunFriday, etc.

For additional public engagement resources, visit Institute for Local Government at www.ca-ilg.org.

Content Best Practices:

Tell stories that are impactful and relevant to your key audience including: • Feature Stories • Community Updates • Resident/Business Spotlights • Letter from the…

• Event Announcements • “At Event” Updates • Press Releases/Media Advisories • Pictures • Videos Thanks to Ryder Todd Smith with Tripepi Smith for these social media content best practices tips.

California Special Districts • Sept-Oct 2018

IN BRIEF

Test Facility In Pismo Beach Turns Wastewater Into Drinking Water — And It ‘Tastes Great!’

How does recycled wastewater taste? Apparently, great. At least that’s according to the dozen or so elected officials who gathered and and raised a glass filled with water purified at the Pismo Beach Wastewater Treatment Plant and toasting the latest achievement in a years-long process to bring recycled water to South County.

“This is an exciting opportunity for us to show that we can take wastewater and conserve it to potable water,” Pismo Beach Mayor Ed Waage said in a ceremony before the tasting.

After he took his first sip?

“Tastes great!” he laughed Waage and mayors from Arroyo Grande and Grover Beach, as well as officials from the Oceano Community Volume 13 • Issue 5

Services District and various city councils, all tested the water that went through an advanced three-step filtration process at the plant, making it safe to drink.

Central Coast Blue launched its demonstration facility this year to show the public how recycled water works on a smaller scale while a larger regional wastewater recycling project is in the design phase.

The set-up is relatively simple — treated wastewater goes through a three-step cleaning process, starting with microfiltration to remove particles and microorganisms in the water, then followed by reverse osmosis to clean out dissolved solids, contaminants and pathogens. Finally, it

goes through ultraviolet disinfection and advanced oxidation to break down any remaining microorganisms and clean out toxins from the prior filtration processes.

This makes water that would normally be discarded into the ocean safe to inject back into the ground, so that it can then replenish the groundwater.

The demo facility has the capacity to recycle approximately 58,000 gallons of water per day. This demonstration facility is just a taste of things to come.

“This is a pilot program, but the real payoff is when we get through all of the permitting, location siting and so forth for the final prize, which is recycled water for South County,” Waage said.

The Central Coast Blue project is a unified effort between multiple agencies, including Arroyo Grande, Grover Beach, the South San Luis Obispo County Sanitation District and the Oceano Community Services District.

“We have worked together on transit, on air, on recreation, on air pollution, so we’ve got a history of working together, and this is an exciting opportunity to continue that culture of working together for shared goals based upon our shared beliefs and vision,” Grover Beach Mayor John Shoals said. “Central Coast Blue is gonna allow us to move forward, and lets us take charge of our water destiny.”

39

MANAGING RISK

Employment Law Update What Every California Public Entity Needs to Know About Employment Related Claims and the Department of Fair Employment & Housing The Department of Fair Employment & Housing (DFEH) receives approximately 23,000 complaints annually from members of the public who allege that they have been the victim of civil rights violations.

Over half of the claims are requests for an immediate “Right to Sue” in employment cases. In these cases, the complainants bypass DFEH’s investigation process, file a complaint with the Department and receive a Right to Sue letter from DFEH, which is required for a complainant to file a case in civil court alleging violations of the employment provisions of the Fair Employment & Housing Act (FEHA).

The remaining claims are investigated

by DFEH. The FEHA (Gov. Code, § 12900 et seq.) prohibits workplace discrimination and harassment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, or related medical conditions), gender, gender identity, gender expression, age, sexual orientation, and military and veteran status, or because another person perceives the employee to have one or more of these characteristics.

Included in the FEHA is the California Family Rights Act (CFRA), which requires employers of 50 or more employees to provide protected leave of up to 12 work weeks in a 12-month period to eligible employees to care for their own serious health 40

condition or that of an eligible family member. Included as well is California’s Pregnancy Disability Leave Act (PDLA), which requires an employer to provide employees disabled by pregnancy, childbirth, or a related medical condition leave of up to four months and the right to return to work.

To initiate the investigation process, a member of the public files an initial inquiry with DFEH. This can be done by calling the DFEH Communications Center, submitting a paper Pre-Complaint Inquiry (PCI), or submitting a PCI through the DFEH online portal. The PCI is assigned to a DFEH investigator, who schedules and conducts an intake interview with the complainant and determines whether

DFEH has jurisdiction to accept the complaint. If the complaint is accepted, a written complaint is drafted by the investigator and mailed to the complainant for signature.

Once a signed complaint is received

by DFEH, pursuant to Work-Sharing Agreements with the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Housing and Urban Development (HUD), the investigator determines if the complaint meets the criteria for federal dualfiling status. If so, the complaint is also assigned a federal identification number. Complaints originally filed with DFEH that are dual-filed with EEOC or HUD are investigated by DFEH. DFEH

California Special Districts • Sept-Oct 2018

receives funding from EEOC and HUD for handling these cases.

Complaints are served on the respondent by certified mail. The assigned consultant investigates the case by interviewing parties and witnesses and reviewing supporting documentation. The investigator may attempt to resolve the case with the parties, refer the case to the Dispute Resolution Division (DRD) for possible mediation, or refer the case to the Legal Division for possible prosecution. If the parties reach an agreement and execute a settlement, the case is closed. If the investigator determines there is insufficient evidence to prove a violation of the law, the case is closed. If the Investigator determines the case is potentially meritorious and it is not resolved, the case is transferred to the Legal Division. When DFEH finds a complaint has merit, the FEHA requires in most circumstances that DFEH file a civil complaint within 365 days from the date the complaint was filed. Before a civil complaint can be filed, the law requires that the parties be referred to mandatory mediation conducted by DRD.

SDRMA provides its participating members with Employment Practices Coverage which includes: Sexual Harassment Incident means: any actual or alleged negligent or intentional act, error or omission, amounting to or resulting in unwelcome sexual advances, requests for sexual favors or other conduct of a sexual nature actually or allegedly perpetrated upon a person by another person, or persons, acting in concert, which causes physical and/or mental injuries, where: A. The submission to or rejection of such conduct is made either explicitly or implicitly a condition of a person’s employment, or a basis for employment decisions affecting a person; or B. The conduct has the purpose of, or effect of interfering with a person’s work performance or creating an intimidating, hostile or offensive work environment. continued on page 42

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, SDA, 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 5

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

41

Wrongful Employment Practice means any act resulting in Damages to: A. Any person arising out of any: 1. Refusal to employ that person; 2. Termination of that person’s employment, either actual or constructive; or 3. Employment-related practices, acts or omissions such as coercion, demotion, evaluation, reassignment, discipline, retaliation, defamation, harassment, humiliation or discrimination directed at that person; B. The spouse, child, parent, brother or sister of that person as a consequence of loss to the person at whom any of the employmentrelated practices described in paragraph 1, 2, 3 above is directed.

It is further agreed that Wrongful Employment Practice means: A. Any action relating to a past, present, or prospective Employee of the Member for or arising out of any actual or alleged wrongful dismissal, discharge or termination, either actual or constructive, of employment, employment related misrepresentation, wrongful

2016 Employment Complaints Filed by Basis Age - 40 or Over

868

11%

Ancestry

140

2%

Association with a Member of a Protected Class

110

1%

Color

291

4%

1,276

16%

Disability - Mental and Physical Family Care or Medical Leave (CFRA)

342

4%

Genetic Information

15

0%

Marital Status

63

1%

229

3%

33

0%

National Origin

292

4%

Race

744

9%

Religion

141

2%

1,668

21%

826

10%

55

1%

Sex – Pregnancy

208

3%

Sexual Harassment

554

7%

Medical Condition -Cancer or Genetic Characteristics Military or Veteran Status

Retaliation Sex – Gender Sex – Gender Identity or Gender Expression

Sexual Orientation Total Employment Basis

136

2%

8021

100%

or abusive, hostile, offensive or other discipline, failure to grant tenure or negligent illegitimate conduct, including verbal employee evaluation; sexual or workplace abuse, derogatory remarks, insults, harassment of any kind, including, but not limited to, the alleged operation or maintenance epitaphs, or other verbal or physical of a harassing workplace environment, unlawful conduct which is threatening, intimidating or humiliating or amounts to the discrimination, whether direct, indirect, gratuitous sabotage or undermining of a intentional or unintentional, failure to provide person’s work performance. adequate employee policies and procedures; B. Any action brought under state, local, or federal law, whether common or statutory, including the following laws as amended as well as any regulation promulgated there under; 1. Americans with Disabilities Act of 1992(ADA); 2. Civil Rights Act of 1991; 3. Age Discrimination in Employment Act of 1967 (ADEA), including the Older Workers Benefit Protection Act of 1990; 4. Title VII of the Civil Rights Law of Quality software designed to fit your district’s 1964, as amended (1993), including the accounting and utility billing needs.

Pregnancy Discrimination Act of 1978; 5. Civil Rights Act of 1866; and Water Gas Electric Trash Sewer 6. Fifth and Fourteenth amendments of the U.S. Constitution.

For further information, please Schedule a ® contact Dennis Timoney, SDRMA’s Chief FREE demo today.

Risk Officer at dtimoney@sdrma.org or 801.850.5085 • pww@caselle.com 800.537.7790.

A BETTER Solution.

42

California Special Districts • Sept-Oct 2018

IN BRIEF

Playground Ribbon Cutting at Palm Street Park in Hesperia Recreation and Park District Local agencies gathered at Palm Street Park in Hesperia on March 27, 2018, to celebrate the installation of a brand new playground in Hesperia Recreation and Park District (HRPD).

Those in attendance were encouraged to understand what an important role playgrounds and “play” are to the community.

General Manager, Lindsay Woods stated: “Play is not all fun and games, it has taught us all, and continues to teach our children. Through play we have learned to interact with others and develop lifelong skills.” “Play is the highest form of research,” is a quote from Albert Einstein. “This playground will help children to develop motor, cognitive, emotional, social, and communication skills. The modern world of electronics, “social” media, and computer technology has made it challenging for children to develop natural social skills.” “Happiness is a byproduct of outdoor play on a playground.” Woods concluded his comments by stating, “Our children deserve these spaces, but so too, does our entire community since playgrounds only help to make brighter futures for all who enjoy them”.

HRPD Board President Mike Limbaugh welcomed everyone and thanked them for their ongoing support of the District. Limbaugh commented, “Hesperia is a great place to live because of our strong sense of community of which the Park District is proud to be a part of.” Park Board Members Mike Limbaugh, Jose Gonzales and Jack Hamilton received presentations from Congressman Cook’s office, Senator Mike Wilk’s Office, Assemblyman Jay Obernolte’s Office and Supervisor Robert Lovingood congratulating the District on the positive work being done on behalf of the residents of Hesperia. Senator Wilk’s Field Representative Rebecca Tennison reminded everyone that “Parks Make Life Better!”

Volume 13 • Issue 5

Building Homes and Community – The Port of Hueneme gives back in partnership with Habitat for Humanity The Port of Hueneme with Oxnard Harbor District not only makes cargo move, they also take pride in giving back to the community. On April 13, the Port’s staff partnered with Habitat for Humanity in building six new homes in the La Colonia community of Oxnard. These new homes are a part of Habitat’s effort to further their vision of “a world where everyone has a decent place to live.”

Habitat partners with low income families across Ventura County to assist them in getting into an affordable home. By doing so, they aim to help these families achieve the structure and security that comes from having a safe and stable place to live.

“It is the Port’s honor to be able to partner with such a compassionate organization to effect positive change in our community,” said Oxnard Harbor District Board President Mary Anne Rooney. “It is our top priority to serve the local constituents of our District, and I am grateful we were able to do so in this unique way.”

To date, the Ventura County Habitat for Humanity chapter has completed 70 homes throughout the county.

Port staff rolled up their sleeves to swing hammers, lay roofing, install siding, cut materials and clean the job site.

CEO & Port Director Kristin Decas said, “it’s a great day when we can connect with our community. Building these houses will impact the lives of these families for generations to come, and I commend the Port team for their part in this positive story.”

43

MONEY MATTERS

“Time-of-Use” Electric Rates Are Changing, and Districts Need to Understand the Impact

By Michael Kerkorian, Managing Member, Utility Cost Management LLC

C

alifornia’s major utilities have long used “time-of-use” (TOU) pricing as a tool in managing the electric grid. The purpose of TOU rates is to encourage customers to shift electricity consumption from high-priced “peak” periods, when system-wide usage is high and generation capacity is strained, to lower-priced “off peak” periods, when there are abundant supplies of electricity. With TOU rates, the price CSDA 2018 – #3 of electricity canFall varyAd widely depending 1/4 Page Horizontal, B/W on the time of day, week, or year that the

electricity is used.

For more than 30 years, PG&E, SDG&E, and Southern California Edison (SCE) have defined the “peak” period as weekday afternoons during the utilities’ “summer” months, typically May through October. The utilities have spent millions of dollars educating the public and encouraging customers to respond to TOU “price signals” by changing the way they use electricity. Many customers have learned the lessons of TOU pricing and have avoided peak usage, significantly re-

Utility Billing Done Better.

Black Mountain Software specializes in easy-to-use, time-saving software solutions for California cities and special districts just like yours.

Easy-to-Use Utility Billing Software Automated Meter Reading Interface Friendly, Reliable Customer Support FREE On-going Training Efficient, effective software. Exceptional client support. It’s what we do best.

2018 CSDA Business Affiliate Partner

44

www.blackmountainsoftware.com

B R AT IN L E

C

E

G

Give us a call at 800.353.8829 to schedule a FREE online demo.

1988-2018

ducing electricity costs. But today, TOU rates in California are going through a radical transformation, with important repercussions.

The roots of this transformation are in California’s commitment to solar power. Thanks in large part to solar, the state is well ahead of schedule in meeting its goal of obtaining half its electricity from renewable sources by 2030. That’s the good news.

But the state is now generating so much electricity from solar and other renewable sources that there often is too much electricity in the early and mid-afternoon, rather than too little. In some cases, California grid operators have even paid neighboring states to take the excess electricity to avoid overloading the grid, which can cause outages. This condition of over-supply is alleviated in the later afternoon and evening, as solar generation quickly declines and then stops altogether. But the utilities then find that they sometimes have a shortfall, because the sudden drop in solar production coincides with heavy residential use as people return home from work, and the evening hours have become the new “peak” period. Meanwhile, the utilities’ decades-long efforts telling customers to avoid mid-day electricity use no longer applies.

California Special Districts • Sept-Oct 2018

The changes to electricity rate schedules have already started. SDG&E led the way in December, when it shifted its summer peak period from 11 AM to 6 PM weekdays, to 4 PM to 9 PM every day. PG&E and SCE have similar proposals before the California Public Utilities Commission that should begin taking effect in late 2019. Besides moving the peak period to 4 PM to 9 PM, each utility also is revising its definitions of the “partial peak”, “off peak”, and “super off peak” periods.

The impact of the TOU changes on each customer – for better or worse – will vary. But there are general observations regarding the impact of the TOU changes that customers should understand. For example, for those that are considering installing solar, or have already done so, it is important to realize that shifting the peak period to later in the day means that less solar generation will occur during peak hours, making solar electricity less valuable under the utilities’ “Net Energy Metering” programs. In fact, while roughly 39% of summer solar generation occurs during SCE and PG&E peak periods now, only 5% will occur during the peak period after the TOU changes take effect. Even after this dramatic change, many solar projects will continue to be worthwhile, but it is important for customers, and their vendors, to analyze projects using the new TOU periods to get an accurate picture of the project financials.

Depending on how they use electricity, many special districts can get a sense how the TOU changes will impact them. For example, recreation and park districts that use electricity to light parks and ball fields during the evening

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, Kutak Rock 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

continued on page 46 Volume 13 • Issue 5

45

MONEY MATTERS

hours may face a sudden increase in costs, as most of that usage will now occur during peak periods. As a result, lighting retrofits, conservation, or operational changes may become more cost-effective and worth considering than in the past. Water districts, sewer districts, and other districts that have some flexibility in when they operate their pumping facilities may wish to evaluate whether it is worth making adjustments to their operations to reduce costs. Districts that typically operate on a “9 to 5” schedule might consider measures to avoid the 4 PM to 5 PM period altogether, to eliminate peak demand charges.

Districts can also perform more detailed account-by-account analyses using hourly “interval data” available from the utilities.

With this detailed electricity consumption data, customers can estimate how much load they can realistically shift from one TOU period to another, or how much peak load they can eliminate, and they can quantify the impact of such changes. Districts

can then make informed decisions regarding investments in equipment, technology, or operational changes.

With TOU periods changing, it’s a good time for customers to become better informed about the rates they pay for electricity, and when they pay those rates.

Given that peak rates can sometimes be more than double off-peak rates, this is valuable information that special districts and other sizable electricity customers should understand. With this information, districts can better manage their electricity costs, and make informed decisions on the benefits of specific energy efficiency, conservation, or load-shifting measures.

Michael Kerkorian is the founder and Managing Member of Utility Cost Management LLC (UCM), a Fresno-based firm that has reduced utility costs by more than $180 million for thousands of California utility customers since 1991. UCM is an Endorsed Affiliate of CSDA, and has worked with more than 120 CSDA member districts since 2008.

Legal Services Tailored to Helping Special Districts Serve their Communities

CSDA Finance Corporation Recent Financings So far this year, CSDA Finance Corporation has facilitated financings for numerous special district projects, including: Mission Springs Water District Refinancing $2,400,000 El Dorado Hills Community Services District Solar installation $3,000,000 Solano Cemetery District Cemetery expansion $4,000,000 El Dorado Transit Authority Bus purchase $1,200,000 Semitropic Water Storage District Facility expansion $8,500,000 Cordova Recreation & Park District Aquatic center $5,550,000

Areas of Special District Expertise: • • • • • • •

Airport Cemetery Community Services Fire Protection Harbor and Port Healthcare Irrigation

• • • • • • •

Library Recreation and Park Resource Conservation Sanitation Transit Utility Water

Stallion Springs Community Services District Road construction $2,000,000

Make the CSDA Finance Corporation your first contact for the financing of capital improvements of all kinds or for refinancing opportunities. Get a free quote online at www.csdafinance.net or call 877.924.2732.

Offices Throughout California 800.464.3559 | meyersnave.com

46

California Special Districts • Sept-Oct 2018

DISTRICTS MAKE THE DIFFERENCE

Still Time to Win a Scholarship

t s e t n 00 o c in 2,0

w

$

A

s we move into fall, the submission period for the Districts Make the Difference 2018 Student Video Contest will soon come to a close. However, there is still time for high school and college students to create a 60-second video highlighting the ways special districts make a difference in California. Students have until 5 p.m. on September 30 to enter the contest.

The 2018 Student Video Contest is especially momentous for Districts Makes the Difference because several affiliated CSDA chapters are hosting a local contest in conjunction with the statewide competition. Students from the areas of participating chapters are competing in both the statewide and local chapter contests. Many of the chapters are offering additional scholarship prizes and will announce their local winners in mid-October.

After the local contest winners are announced, CSDA will review all submitted videos and select five finalists for the statewide contest. These finalists will be announced on November 1 and featured on the Districts Make the Difference website for the statewide voting. Throughout

November, the public will vote to choose the best videos featuring special districts. The top three vote-winners will receive a scholarship prize, with first place earning $2,000.

Spread the word that the statewide voting will begin on November 1! Encourage friends, family, and friends to watch the videos and choose which video best represents how special districts make a difference for communities throughout California.

Promotional materials are available at www.DistrictsMaketheDifference.org/video-contest.

By the Numbers

Districts Makes the Difference has a YouTube channel that includes over 25 videos featuring each of the seventeen different types of districts and the past Student Video Contest winners. Encourage people to check out the videos for a fun and creative way to learn more about special districts. The videos can also inspire potential video contest entries.

Visit www.youtube.com/CaSpecialDistrictsDMTD to watch the District Make the Difference videos today.

Did You Know?

Districts Make the Difference has a Facebook and Twitter account and we are always looking for interesting articles and events to feature. Make sure to follow Districts Make the Difference at www.facebook.com/caspecialdistricts and www.twitter.com/ca_districts so we can see what your district is doing.

Volume 13 • Issue 5

47

BUSINESS DIRECTORY

ACCOUNTING

CONSULTING

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

James Marta & Company LLP

CERTIFIED PUBLIC ACCOUNTANTS Accounting, Auditing, Tax & Consulting

SPECIAL DISTRICT FINANCIAL SERVICES

(916) 723-2555

AUDIT, ACCOUNTING & CONSULTING

E-mail: robertwjohnsoncpagroup@gmail.com

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

ARCHITECTURE CHOOSE WITH CONFIDENCE.

Your ad here.

For advertising inquiries, contact CSDA at 877.924.2732 or advertising@csda.net.

2.5 W x 2.55 IN H bw Financing • Infrastructure Improvements • Buildings, Land & Equipment • Refinancing 877.924.2732 csdafinance.net

CONSTRUCTION

FINANCIAL INVESTMENTS

MM Diving Inc.

Ralph Andersen & Associates

(707)954-0623

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

MMDIVINGINC.com Vic@mmdivinginc.com

LEADERSHIP

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

A Nationwide Leader in Executive Search & Human Resources Consulting

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

www.bartlewells.com

www.ralphandersen.com

OTHER

Special District Leadership Foundation

Effective Public Outreach Practical Strategic Planning

Get Recognized. www.sdlf.org 48

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

LEGAL

Best Law Firm for Special Districts

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

CHOOSE WITH CONFIDENCE.

Your ad here.

For advertising inquiries, contact CSDA at 877.924.2732 or advertising@csda.net.

Proudly serving California Special Districts for over 35 years.

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

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

LOS ANGELES | SAN FRANCISCO | ORANGE COUNTY TEMECULA | CENTRAL COAST

888.479.4529

Since 1954

rwglaw.com

Proudly serving as Bond Counsel and Consultant to CSDA Nossaman LLP provides full-service legal representation including:

■ Eminent

Domain

■ Environment ■ Public

Agency and Finance

■ Public ■ Public ■ Water

Pensions Utilities

LOS ANGELES | SAN FRANCISCO ORANGE COUNTY | SACRAMENTO | SAN DIEGO WASHINGTON, DC | AUSTIN | SEATTLE

RISK MANAGEMENT Best Defense for Special Districts

Saving is Believing.

PORTER SCOTT

P S PROBLEM SOLVED www.

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

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

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

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

800.333.4297  bwslaw.com

Health | Property & Liability | Workers’ Compensation

COMMERCIAL CARD

The Power of One Card The CSDA Commercial Card from Umpqua Bank. umpquabank.com Member FDIC Equal Housing Lender SBA Preferred Lender CBC18.136

49

Your Community. Your Services. Your District!

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

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

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

Follow, like, subscribe, share!

50

MAKE THE

DistrictsMaketheDifference.org DistrictsMaketheDifference.org

California Special Districts • Sept-Oct 2018

SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY

Risk management requires a well-balanced team.

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

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

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

Volume 13 • Issue 5

Trusted Risk Management

✷

800.537.7790

✷

www.sdrma.org

51

California Special Districts Association 1112 I Street, Suite 200 Sacramento, CA 95814

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