C ALI FO R N I A
SPECIAL DISTRICTS Vo l um e 15 , I s s u e 1 • Ja n u ary- Fe b ru a ry 2 0 2 0
A Publication of the C alifornia Special D is tr ic ts A s s oc iation
“Ok, Boomer”
PAGE 39
Ask the Experts:
HOW DOES GOVERNOR NEWSOM’S BUDGET PROPOSAL AFFECT SPECIAL DISTRICTS? PAGE 20
Website & PDF Accessibility
Legal Brief:
Senate Bill 998
What’s So Special: Rise Up
DISTRICT OF DISTINCTION ACCREDITATION
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The District of Distinction Accreditation is designed as a way for districts to highlight their prudent practices important to effectively administer and govern a special district. In a time when proper fiscal management and responsibility in public agencies is paramount, it has become increasingly important to demonstrate that districts have sound fiscal management, transparency, and governance policies/practices in place. Apply today! 1112 I Street, Suite 200, Sacramento, CA 95814 • t: 916.231.2909 • www.sdlf.org CBC18.0653
Volume 15 • Issue 1
3
TABLE OF CONTENTS
CEO'S MESSAGE
New Year, New Member Benefits! In the Fall of 2019, the CSDA Board of Directors approved an updated Strategic Plan that sets the goals and priorities for the association over the next three-years. The Plan is aggressive and sets the Neil McCormick path for CSDA to continue CSDA Chief Executive Officer to enhance and expand our broad levels of services, representation, and benefits to members of all types and sizes. And…the year is off to an extremely busy start! I’m pleased to announce the following new benefits now available to members:
Special Article: Community Connections:
Alum Feed Station
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How Does Governor Newsom’s Budget Proposal Affect Special Districts?
20
05 CEO’s Message 06 Professional Development 28 08 CSDA News 13 You Ask, We Answer: Hosting a Candidate 31 Forum 14 Movers and Shakers
“Ok, Boomer”
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39
Take Action: Provide Feedback About Your District To Take Action
Solutions & Innovations: The Camarillo Health 36 Managing Risk: Legal Updates Care District - Partnership for 2020 to Improve Transitions
40 What’s So Special: Districts Make the Difference: Rise Up Three California Students Earn $3,500 42 Money Matters: in Scholarships Using Cooperative 16 Ask the Experts: Purchase Agreements 32 Managers Corner: Website & PDF for Purchasing Agency’s Succession Accessibility Planning Remains Top Equipment Strategic Priority 26 Legal Brief: Senate Bill 998 For editorial inquiries, contact CSDA Editor-Communications Specialist Vanessa Gonzales, at 877.924.2732 or vanessag@csda.net.
Credit Card Payment Processing/Merchant Services – CSDA has partnered with AllPaid (formerly GovPayNet), a well-respected company with an expertise in providing merchant services to over 3,000 agencies of all types. CSDA members now have exclusive access to highly competitive, below market preferred rates and other crucial benefits like fraud protections that remove the risks and liabilities associated with fraudulent charges away from your district! Additionally, districts have the ability to setup a variety of payment processing options including
card reader devices and website/online payment portals at no additional cost. Contact membership@csda.net for more details on this exclusive member benefit and get your district started saving money. Post Your Internships for Free – CSDA has expanded our online Career Center to now allow for members to post any internships they may have available at no cost! Not only does this new benefit provide another venue for districts to get the word out, we see it as an important component to increasing awareness of districts overall and a way to showcase the amazing career opportunities that exist in all kinds of special districts both for students and as a long-term career path. Visit careers.csda.net to post or view internships. Take advantage of these and the many other benefits offered through CSDA…they can save you time and money! To learn more about what’s available to you, go to our website at csda.net. Thank you for your continued support and involvement in CSDA.
Officers
Staff
JOEL BAUER, CSDM, PRESIDENT, West Side Cemetery District
NEIL MCCORMICK, Chief Executive Officer MEGAN HEMMING, Professional Development Director CASSANDRA STRAWN, Member Services Director KYLE PACKHAM, Advocacy & Public Affairs Director TODD WINSLOW, Publications Director RICK WOOD, Finance & Administration Director ITZEL BECERRA, Professional Development Assistant JENN JACOBS, Member Services Representative ELEANOR BOLING, Member Services Representative EMILY CHA, Senior Member Services Specialist MARCUS DETWILER, Legislative Analyst DILLON GIBBONS, Senior Legislative Representative VANESSA GONZALES, Communications Specialist COLLEEN HALEY, Public Affairs Field Coordinator JIM HARROLD, Database & Online Communities Coordinator MUSTAFA HESSABI, Deputy General Counsel COLE KARR, Public Affairs Field Coordinator CHRIS NORDEN, Public Affairs Field Coordinator CHRIS PALMER, Public Affairs Field Coordinator AMBER PHELEN, Executive Assistant ALYSSA SILHI, Legislative Representative JENNIFER SMITH, Professional Development Coordinator ERIC SPENCER, Member Services Specialist ANTHONY TANNEHILL, Legislative Representative DANE WADLÉ, Public Affairs Field Coordinator JAMES WILFONG, Senior Designer ROMAN WASKIEWICZ, Legislative Assistant
RYAN CLAUSNITZER, CSDM, VICE PRESIDENT, Alameda County Mosquito Abatement District ELAINE MAGNER, TREASURER, Pleasant Valley Recreation & Park District STANLEY CALDWELL, SECRETARY, Mt. View Sanitary District GREG ORSINI, PAST PRESIDENT, McKinleyville Community Services District
Members of the Board CHAD DAVISSON, CSDM, Ironhouse Sanitary District RALPH EMERSON, Garberville Sanitary District VINCENT FERRANTE, Moss Landing Harbor District JERRY L. GILMORE, Truckee Sanitary District PETER KAMPA, CSDM, Saddle Creek Community Services District JO MACKENZIE, Vista Irrigation District NOELLE MATTOCK, El Dorado Hills Community Services District SANDI MILLER, CSDM, Selma Cemetery District LORENZO RIOS, Clovis Veterans Memorial District FRED RYNESS, Burney Water District ARLENE SCHAFER, Costa Mesa Sanitary District
California Special Districts Association 1112 I Street, Suite 200, Sacramento, CA 95814 toll-free: 877.924.2732 • www.csda.net
For advertising inquiries, contact CSDA at 877.924.2732 or advertising@csda.net.
California Special Districts • Jan-Feb 2020
AllPaid Payment Processing Options for Your District
CSDA Board and Staff
© 2020. California Special Districts Association.
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careers.csda.net Expanded Career Center Allows for Internship Postings
Volume 15 • Issue 1
A proud California Special Districts Alliance partner
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PROFESSIONAL DEVELOPMENT
May 19-20, 2020 SHERATON GRAND HOTEL SACRAMENTO
Professional Development Catalog
The 2020 CSDA Professional Development Catalog is here. With over 25 scheduled webinars, 37 workshops, 7 conferences and a growing on-demand webinar library – CSDA is your source for education for special district board members and staff. New webinars include: Online ADA Compliance and Transparency, Optimizing your Grant Writing Success from Idea to Award, Implementing an Electronic Content Management System – Start to Finish, and a session on Cybersecurity. New workshops include: Advanced Policy and Procedure Writing Workshop, Conversations Worth Having, and Budgeting for Special Districts. CSDA will also be hosting 12 District Network Workshops in 2020 – 2 in each of our 6 Networks. The first half of the year will focus on the Brown Act and the second half of the year will focus on the CA Public Records Act. These District Network Workshops are low or no cost and include lunch as well as an update from CSDA Public Affairs Field Coordinators. New professional development offerings are added throughout the year. Check csda.net for more information and to secure your spot today!
COMMIT TO SERVING YOUR COMMUNITY
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Get the Best in Governance Training in 2020
CSDA is presenting two Special District Leadership Academy Conferences in 2020: • April 19 – 22 in San Diego • September 27 – 30 in South Lake Tahoe This conference content is based on CSDA’s Special District Leadership Academy (SDLA) groundbreaking, curriculum-based continuing education program, which recognizes the necessity for the board and general manager to work closely toward a common goal. SDLA provides the knowledge base to perform essential governance responsibilities and is designed for both new and experienced special district board members. First-time attendees will complete all four modules of the Special District Leadership Academy, covering good governance, district mission and vision, board and staff roles and relationships, communication and outreach, and special district finances. Returning attendees will enjoy all new sessions this year on topics like disruptive board members, public engagement, grand juries and LAFCos, general manager and board member communications, communication styles, a 2020 legal update and more. Visit sdla.csda.net for a full schedule and to register online.
$60,000 in Scholarship Funds Available for 2020
Need help paying for CSDA workshops, webinars, conferences or even a district website? The Special District Leadership Foundation (SDLF) is committed to helping special districts obtain current and relevant continuing education and increasing transparency among California’s special districts. To that end, SDLF is offering $60,000 in scholarship funds for special districts, directors/ trustees, and special district staff for 2020. Visit sdlf.org for details and to download an application.
More Time and Less Paperwork
Great news for participants in the Special District Leadership Foundation (SDLF) District of Distinction and Transparency Certificate of Excellence programs! At their November meeting the SDLF board changed the renewal deadlines for both programs starting in 2020; changing from every two years to every three years. Further, when renewing, districts will have a shortened renewal process that requires only changes to be submitted rather than the full extent of the original application. Visit sdlf.org for more information on all programs. California Special Districts • Jan-Feb 2020
California Special Districts Association Districts Stronger Together
SPECIAL DISTRICTS save $ E
arly Bir Discoun d ends 4.2 t! 0.20
Day one includes an advocacy focus – get updated on what’s happening in the Capitol, then join special district leaders from throughout California to take action on the priority issues facing special districts. Participate in pre-arranged meetings with State Legislators and staff in their Capitol offices, followed by a private reception. Day two the focus turns to policy – attendees will gain insights from statewide experts and CSDA lobbyists on the biggest challenges and new laws to come out of Sacramento. Register now at csda.net
@CSDADISTRICTS FACEBOOK.COM/CSDADISTRICTS #DISTRICTSADVOCATE
CSDA NEWS California Special Districts Association
DISTRICT NETWORKS New Member Benefit: Credit Card Payment Processing Services
CSDA members now have access to membersonly pricing on credit card payment processing services through our newest Endorsed Affiliate, AllPaid (formerly GovPayNet). Members can choose from two pre-negotiated fee structures to get the most cost-effective pricing for their agency’s needs. In addition, AllPaid (formerly GovPayNet) will provide 24/7/365 customer service, payment protection, on-demand reporting, and much more. Contact CSDA’s member services team to learn more about this exclusive member benefit.
District NetWorks (MAP SHOWN TO THE RIGHT) What Network is Your District In?
CSDA’s network region boundaries have been updated slightly as approved by the CSDA Board of Directors at the November 1, 2019 meeting. Each network is served by three individuals on the CSDA Board of Directors. They are your local point of contacts to help you access CSDA resources. The heart of District NetWorks consists of district leaders – like you – inspiring and catalyzing action and collaboration in their own communities. District NetWorks help special districts connect and take action on any issues that concern your district, locally or statewide. • President – Joel Bauer, CSDM West Side Cemetery District • Vice President – Ryan Clausnitzer, CSDM Alameda County Mosquito Abatement District • Secretary – Stan Caldwell Mt. View Sanitary District • Treasurer – Elaine Magner Pleasant Valley Recreation and Park District
Networks & Chapters Del Norte
Del Norte
Siskiyou
Humboldt
Trinity
Humboldt
Nominations Deadline: May 29, 2020
CSDA presents various annual awards during the CSDA Annual Conference & Exhibitor Showcase including: • • • • • • •
Board Member of the Year General Manager of the Year Staff Member of the Year Innovative Program/Project of the Year Exceptional Public Outreach & Advocacy CSDA Chapter of the Year Ralph Heim Exceptional Outreach & Advocacy • William Hollingsworth Award of Excellence. Check out more details at CSDA.net. For questions, contact Vanessa Gonzales at 877.924.2732 or at vanessag@csda.net.
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Plumas
Sierra Nevada
Sutter
Colusa
Lake
Yolo
Placer
Yuba
Napa
Marin
Plumas
Bay Area Network
San Francisco
Contra Costa
San Mateo
Alameda
Butte
Glenn
Sierra
Colusa
Yuba
Yolo Sonoma
Santa Clara
Sac.
San Francisco
Contra Costa
San Mateo
San Joaquin
Alameda
Sierra Network
San Luis Obispo
Kern San Bernardino Ventura
Los Angeles
Southern Network
Tuolumne
Riverside
San Diego
Imperial
Affiliated Chapters • ALAMEDA COUNTY SPECIAL DISTRICTS ASSOCIATION • ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICTS • BUTTE COUNTY SPECIAL DISTRICTS ASSOCIATION • CENTRAL VALLEY LOCAL CHAPTER OF CSDA* • CONTRA COSTA SPECIAL DISTRICTS ASSOCIATION • GOLD COUNTRY REGIONAL CHAPTER OF CSDA** • HUMBOLDT AREA CHAPTER • INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY • KERN COUNTY SPECIAL DISTRICTS ASSOCIATION • NORTHEASTERN CALIFORNIA CHAPTER OF CSDA***
Mariposa
Central Network
Madera
*Chapter consists of Fresno, Kings, and Tulare counties. ***Chapter consists of Lassen and Modoc counties.
• PLUMAS COUNTY SPECIAL DISTRICTS ASSOCIATION • SAN DIEGO CHAPTER OF CSDA • SAN LUIS OBISPO COUNTY CHAPTER OF CSDA • SAN MATEO CHAPTER OF THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION • SANTA BARBARA COUNTY CHAPTER OF CSDA • SANTA CLARA COUNTY SPECIAL DISTRICTS ASSOCIATION • SOLANO COUNTY SPECIAL DISTRICTS ASSOCIATION • SPECIAL DISTRICTS ASSOCIATION OF MONTEREY COUNTY • SPECIAL DISTRICTS ASSOCIATION OF RIVERSIDE COUNTY CHAPTER • VENTURA COUNTY SPECIAL DISTRICTS ASSOCIATION
**Chapter consists of Sierra, Nevada, Placer, El Dorado, Amador, Calaveras and Tuolomne counties.
LAST UPDATED JAN 1, 2020
Fresno Inyo
Monterey
Kings
Coastal Network San Luis Obispo
Tulare
Kern San Bernardino
Santa Barbara Ventura
Los Angeles
BAY AREA NETWORK Stanley Caldwell, Mt. View Sanitary District Ryan Clausnitzer, CSDM, Alameda County Mosquito Abatement District Chad Davisson, CSDM, Ironhouse Sanitary District
Tulare
Santa Barbara
Mono
San Benito
Jerry Gilmore, Truckee Sanitary District Pete Kampa, CSDM, Saddle Creek Community Services District Noelle Mattock, El Dorado Hills Community Services District
Kings
Orange
Calaveras
Merced
Santa Cruz
Inyo
Alpine
Stanislaus
Santa Clara
Central Network
Madera Fresno
Amador
Solano Marin
Mono Mariposa
Merced
Monterey
El Dorado
Napa
Tuolumne
Coastal Network
Placer
Sutter
Calaveras
Stanislaus
San Benito
Nevada Lake
Alpine
Amador
San Joaquin
Santa Cruz
Mendocino
Sierra Network
El Dorado Sac.
Solano
Tehama
SIERRA NETWORK
2020 CSDA Award Nominations Now Open!
Lassen
Butte
Glenn
Mendocino
Sonoma
Bay Area Network
Northern Network
Tehama
Lassen
Chapters
Modoc
Shasta
Trinity
Northern Network Shasta
NORTHERN NETWORK Ralph Emerson, Garberville Sanitary District Greg Orsini, McKinleyville Community Services District Fred Ryness, Burney Water District
Siskiyou
Modoc
Riverside
Orange
Southern Network
San Diego
Imperial
CENTRAL NETWORK Joel Bauer, CSDM, West Side Cemetery District Sandi Miller, CSDM, Selma Cemetery District Lorenzo Rios, Clovis Veterans Memorial District
2020 Board of Directors by Networks Northern Network Ralph Emerson, Garberville Sanitary District Greg Orsini, McKinleyville Community Services District Fred Ryness, Burney Water District
Central Network Joel Bauer, West Side Cemetery District Sandi Miller, Selma Cemetery District Lorenzo Rios, Clovis Veterans Memorial District
Did you know CSDA has affiliated chapters throughout the state? Coastal Network Learn more at csda.net/about-csda/chapters-networks (AFFILIATED CHAPTERS LISTED BELOW)
COASTAL NETWORK Vincent Ferrante, Moss Landing Harbor District Elaine Magner, Pleasant Valley Recreation and Park District Vacant seat
SOUTHERN NETWORK Jo MacKenzie, Vista Irrigation District Arlene Schafer, Costa Mesa Sanitary District Vacant seat California Special Districts • Jan-Feb 2020
Sierra Network Jerry Gilmore, Truckee Sanitary District Pete Kampa, Saddle Creek Community Services District Noelle Mattock, El Dorado Hills Community Services District
• • • • • • • • • •
Vincent Ferrante, Moss Landing Harbor District Elaine Magner, Pleasant Valley Recreation & Park District Vacant
Alameda County Special Districts Association • Plumas County Special Districts Association Network• San Diego Chapter of CSDA Association of San Bernardino County Special DistrictsSouthern Jo MacKenzie, Vista Irrigation District Arlene Schafer, Costa Sanitary District Butte County Special Districts Association • Mesa San Luis Obispo County Chapter of CSDA Vacant LAST UPATED JAN. 1, 2020 Central Valley Local Chapter of CSDA • San Mateo Chapter of the California Special Districts Association Contra Costa Special Districts Association • Santa Barbara County Chapter of CSDA Gold Country Regional Chapter of CSDA • Santa Clara County Special Districts Association Humboldt Area Chapter • Solano County Special Districts Association Independent Special Districts of Orange County (ISDOC) • Special Districts Association of Monterey County Kern County Special Districts Association • Special Districts Association of Riverside County Chapter Northeastern California Chapter of CSDA • Ventura County Special Districts Association
Bay Area Network Stan Caldwell, Mt. View Sanitary District Ryan Clausnitzer, Alameda County Mosquito Abatement District Chad Davisson, Ironhouse Sanitary District
Volume 15 • Issue 1
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COMMUNITY CONNECTIONS
ISD’s permanent Alum Feed station completed construction in the fall of 2019. The system is now automated to add alum when needed in the winter months.
ALUM FEED STATION By Roni Gehlke, Public Outreach and Education, Ironhouse Sanitary District
Even a minor fluctuation in the wastewater that enters Ironhouse Sanitary District’s Water Recycling Facility can cause issues that have big consequences. Many people don’t realize there is a difference between household wastewater and the muddy, flood water that collects in yards after a rainstorm. Stormwater runoff should never be drained into sewer pipes that are not designed as a combined sanitary-stormwater system. 10
Unfortunately, that is exactly what happened these past few winters in Ironhouse Sanitary District’s service area. The district is located 65 miles east of San Francisco in Contra Costa County and services the City of Oakley and the unincorporated community of Bethel Island. Bethel Island, which sits below sea level and is protected by a series of levees, poses a challenge for the district. Heavy rains quickly saturate the island’s peat soil, leading to flooding of residential properties. To find relief, some residents drained stormwater from their flooded property into the sewer collection system. However, this practice is in violation of the district’s sewer usage ordinance. At one point after a heavy storm, the problem of residents draining their California Special Districts • Jan-Feb 2020
flooded properties into the district’s collection system became so bad that the system was becoming overloaded. The district’s collections crew had to spend several days actively managing the collection system to prevent sanitary sewer overflows due to the overloaded conditions. Additionally, the heavy storms caused operational issues at the district’s water recycling facility. “The flood water began to interfere with the facility’s ultraviolet light disinfection system, sending our staff scurrying to find solutions that would allow the facility to maintain compliance with state discharging permits,” said Chris Christean, Ironhouse’s plant manager. In operation since 2011, the Ironhouse Sanitary District’s Water Recycling Facility has won awards for its technological advancements, which include a complex array of biological and microfiltration systems to treat wastewater. The final step of the process employs ultraviolet (UV) light to disinfect the water before it is discharged into the Delta, ensuring it is safe for the environment. Peat soils are present in some areas of the district’s service area. These soils are naturally high in organic matter and tannins. When storm waters are discharged into the collection system the organic materials in the flows render the UV disinfection at the district’s facility ineffective. “The problem started in 2015, when staff began noticing fluctuations in the UV transmittance after a heavy winter storms,” Christean said. “We immediately began an exploratory investigation. Once we determined the cause, we had to work out solutions to correct the problem before our system went out of compliance.” Water recycling facility staff found that introducing aluminum sulfate, or alum, during the beginning stages of the treatment process helped to improve the UV transmittance and restore the effectiveness of the UV system. The solution, as it turned out, had its roots in ancient times. Alum is often used in medicines, food preparation, and has been used to treat drinking water since the days of the Roman Empire. To begin the alum dosing as quickly as possible, Ironhouse Sanitary Distrct purchased alum in 300-gallon totes. Facility staff had experimented with smaller quantities of alum and found it to be effective. The next step was to procure larger quantities to pre-treat the water and restore the effectiveness of the UV disinfection process. While the treatment plant team were working on a fix for the immediate problem, Ironhouse management and collections crews worked to spread the word in the community about the importance of not pumping or draining flood water into the sewer system. With an eye to transparency, General Manager Chad Davisson met with local and county officials about the issue, as well as attended public meetings in Bethel Island reminding people to not pump their flood waters into the sewer Volume 15 • Issue 1
During the winter season on Bethel Island, collections crews covered round the clock shifts of pulling excess water out of the sewers to avoid flooding in the streets.
system. With support from the county flood control offices and the municipal improvement district, Ironhouse prepared an information brochure that was distributed to every property owner in the area where the problem was occurring. The district used every means possible to get the word out to the public on the issue, including a news interview on the subject that aired on a Bay Area television station, social media, website news alerts, local newspaper and blogger press releases. In the winter of 2018, Ironhouse devoted the inside spread of its newsletter, the “Ironhouse Insider,” to educate readers about the flooding concern. The district’s newsletter is mailed via U.S. Postal Service to all residents and businesses in its service area. The district’s collections crew used smoke testing to locate illegal connections to the collection system and informing residents of the district’s ordinance that prohibited illegal discharges. As a result of this effort, 65 percent of illegal connections that were discovered have been remedied. While all of this helped, it did not eliminate the problem. When the heavy rains returned in 2018, so did people illegally pumping water into the sewer system. But by now Ironhouse had fine-tuned its alum dosing process and addressed some of the major drawbacks to using such a system. Handling the 300-gallon chemical totes with a forklift was not the safest alternative for the facility staff. Another hurdle continued on page 12
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COMMUNITY CONNECTIONS
Once staff came up with an idea of how to fix the problem within the UV filtration system with Aluminum Sulfate they found that purchasing it in higher volumes was much more cost-effective and erected a temporary storage tank.
at the facility between 2019 to 2025, the permanent Alum Feed Station was one of the first on the list to be built and was completed in fall 2019. The new station will be fully automated for safety and efficiency. Staff will no longer need to manually handle the alum treatments,
Representing California public agencies for over sixty years.
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Hosting a Candidate Forum
thereby improving safety. The new system will automatically calculate the exact amount of alum required and distribute it when needed, along with a host of other important functions. The California Association of Sanitation Agencies (CASA) honored the temporary Alum Feed Station with its “Capital Project of the Year” award in August 2018, a testament to innovation arising from challenge. “Through the hard work of our staff, we have been able to compliantly treat the water associated with these illegal discharges,” Christean said. Although the permanent Alum Feed Station will satisfy the treatment issues that the staff encountered at the Water Recycling Facility, Ironhouse continues its public outreach campaign to reinforce the district’s ordinance prohibiting illegal discharges and thereby promoting public safety and responsibly protecting the environment.
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was the cost of the chemical in totes, which added considerable expense to the wastewater treatment process. To address these concerns, a permanent Alum Feed System was proposed by staff. The system would need to be designed and constructed. In order to improve safety and cost savings of the alum, one of the Ironhouse Sanitary District Board Members had suggested purchasing the storage tank during in the design phase and using it for temporary alum storage. The temporary system enabled the district to purchase bulk quantities of alum at a greatly reduced cost and eliminated the need for staff to handle the 300-gallon totes by forklift. By the fall of 2019, Ironhouse began construction of a permanent, fully automated Alum Feed Station. The district included the construction of this facility in a larger construction project at the Water Recycling Facility to achieve greater economies of scale. As part of 29 projects to take place
Greg Stepanicich Jim Markman Roxanne Diaz Ginetta Giovinco Whitney McDonald
Questions Appear in CSDA Communities
YOU ASK, WE ANSWER
California Special Districts • Jan-Feb 2020
Volume 15 • Issue 1
Jennifer Flores, Administrative Services Manager Groveland Community Services District Our district is looking to host a forum/debate for candidates running for supervisor for our district. I want to see if anyone has hosted these in the past and is willing to share their process or procedure.
Joe Barget, General Manager Vandenberg Village Community Services District Vandenberg Village had a candidates’ forum in October 2018. It was hosted by a local civic association, not the CSD. The GM of a neighboring CSD served as moderator. Format consisted of three parts: opening statements, a few questions prepared in advance, and written questions submitted from the audience. The local TV station filmed the forum and it’s available on YouTube. Dean Wetter, General Manager Valley-Wide Recreation and Park District Like Joe’s example, our district has had success in playing a support role to a local newspaper for candidate forums. Our role was limited to providing a suitable location, set-up, etc. all for the community’s education and benefit. This has worked out well and we remained neutral on all candidate fronts. Finally, the optics were positive for the district and a great district marketing opportunity. Marty Boyer, Owner/Principal Communication Advantage Partnering with either the local newspaper or a credible nonpartisan org like League of Women’s Voters is always a profileraising, credibility winner. As for structure, I’ve been involved in a few of these, and I find a strict, 90-second or 2-minute opening statement section incredibly enlightening. It is amazing the voterrich stuff a good candidate can pack into 90 seconds; it’s also amazing to witness candidates use the time foolishly. You can learn a lot just from this opening portion of the program - often as much as anyone needs to know. Follow with Q&A with one-minute limit on answers. Crucial to have a time clock and enforce it! Establish an end time for the entire event. You will be grateful you did. Geneva Philpot, Trustee Visalia Public Cemetery District Go to the League of Women Voters in your area - they should be experts on this, or you can set up your own by getting a moderator, have attendees give written questions in advance, a committee of 3 can pick the questions. The moderator can then present the question to all candidates or to an individual candidate if the questions was directed to a specific one. You need a person to be the timer and a 30 second notice should be given to whomever is speaking and then a final notice to stop.
CSDA Disclaimer: This section is not intended to be legal advice. Members should always seek legal counsel. The information contained here is for general reference purposes only.
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MOVERS & SHAKERS
MOVERS& SHAKERS San Bernardino Valley Municipal Water District’s Board of Directors announced the selection of Heather Dyer as its new General Manager. Ms. Dyer, who joined Heather Dyer Valley District in 2014, is an experienced regional environmental planner who has been leading the district’s Upper Santa Ana River Habitat Conservation Plan (HCP), a landscape-level planning effort that includes 11 water agencies in San Bernardino and Riverside Counties. The district’s current General Manager, Douglas D. Headrick, ends his tenyear run at the helm of Valley District, effective December 30, 2019.
Congratulations to Contra Costa LAFCO on a recent award presented by the California Association of Local Agency Formation Commissions (CALAFCO) at the annual CALAFCO conference last week. The Contra Costa Commissioners were named “Most Effective Commission” in California for their diligence and leadership in promoting healthy and sustainable local agencies through guiding, restructuring and dissolving agencies.
The Port of Hueneme welcomed new leadership as the Board of Harbor Commissioners unanimously voted Jess Ramirez to serve as Board President of Oxnard Harbor District for 2020. President Ramirez was first elected to the Board in 1992, having served five times before as Board President. Ramirez is no stranger to the operations of the Port as he has served as a longshoreman for 51 years, prior to retiring last year. With his newfound “free time” being retired he takes the helm energized to lead the Oxnard Harbor District in furthering the green initiatives and focus on environmental stewardship the Port has become known for.
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Michael Camacho was sworn into office of the Metropolitan Water District of Southern California (MWD) Board of Directors. Director Camacho previously served as a Director for MWD from 2010 through 2018. Director Camacho has served on the Inland Empire Utilities Agency (IEUA) Board since 2008. From 2009 through 2011, he served as IEUA’s Secretary/Treasurer. From 2011 through 2018, he served as Vice President. Director Camacho represents a large portion of the city of Rancho Cucamonga, unincorporated areas in the city of Rancho Cucamonga’s sphere of influence, a portion of the city of Fontana, and a portion of the unincorporated areas in the city of Fontana’s sphere of influence.
Western Municipal Water District received two workplace honors in 2019, combining physically healthy employees with a thriving work environment. Western was honored as an Inland Empire 2019 Top Workplace by The Press-Enterprise and received the Gold Level Workplace Health Achievement Index Recognition from the American Heart Association. Employees participated in a third-party survey that measured several aspects of workplace culture, including alignment, execution, and connection. Out of 975 employers, the Press-Enterprise and Inland News Group recognized 35 companies and organizations in the Inland Empire as Top Workplaces for 2019, and Western placed fifth out of 60 participants in the midsize company category.
The Cucamonga Valley Water District formally swore in two newly elected directors at its recent board meeting: Mr. Mark Gibboney and Mr. Kevin Kenley. Director Gibboney will serve on the district’s Finance Committee and Government & Public Affairs Committee. Director Kenley will serve on the Engineering Committee and Human Resources/ Risk Management Committee. The Cucamonga Valley Water District Board also reappointed James V. Curatalo Jr. as Board President. President Curatalo has served on the board of directors since 1999. Randall James Reed was newly appointed as Vice President and has served on the board of directors since 2003.
MAX IMIZE YOUR MEMBER S HIP
VISIT CSDA’S ONLINE COMMUNITIES
Do you have movers and shakers in your districts to highlight?
Connect Communicate Engage
Send to CSDA Communications SpecialistEditor Vanessa Gonzales at vanessag@csda.net for consideration in this section.
California Special Districts • Jan-Feb 2020
Left to right: Director Kenley, Director Cetina, President Curatalo, Director Gibboney, and Vice President Reed.
Volume 15 • Issue 1
WWW.CSDA.NET
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ASK THE EXPERTS
WHAT CALIFORNIA SPECIAL DISTRICTS MUST KNOW ABOUT
Website & PDF Accessibility
several pro-plaintiff anti-discrimination rulings, which the U.S. Supreme Court has reaffirmed. 7. The stakes for special districts are rising. Plaintiffs have won large settlements ($50,000+) against districts nationwide and now see California as their next big opportunity. An analyst team recently tested hundreds of California district websites and PDFs. While some have improved their accessibility, none meets WCAG standards. Most districts we spoke with were alarmed to hear this, as their web providers assured them otherwise. So, what should districts do next? The easiest way to do what’s right and lawful is to engage a company solely focused on making your website and documents accessible, and whose process includes human testers with deep auditing and remediation expertise.
By Jeremy Horelick, VP Business Development, ADA Site Compliance
Still have questions? Want to ensure that your website and documents are accessible? Go to accessibledistrictwebsites.com for more information or call us directly at 561.258.9518.
Hundreds of you stopped by our booth last fall in Anaheim and asked excellent questions on accessibility for your district websites and documents (PDFs). Many of you were well aware of your statemandated posting requirements under SB929 and AB-2257 but were unfamiliar with accessibility laws. Here are the key things districts must know:
1. Compliance is not accessibility. Previous articles have stressed the importance of meeting the basic posting requirements of compliance. But under federal law (Title II of the 1990 Americans with Disabilities Act) and California’s Unruh Act, your website and documents must also be fully accessible to visitors with disabilities who use assistive technologies. 2. Software is fine for monitoring posting obligations but cannot make your district website and PDFs accessible. And so-called “AI-backed” solutions don’t work; they only replicate functionalities already used by those who need them. Technological solutions have some value but only uncover about 16
20% of failures. True accessibility demands human auditing using screen readers and keyboard shortcuts. 3. As over 100 districts have learned the hard way, plaintiffs need find only one out of hundreds of potential failures under the web content accessibility guidelines (WCAG) in order to successfully file a discrimination suit. Finding errors to bring a lawsuit is easy; making websites and PDFs accessible is hard. 4. There are thousands of pages of technical specs around the WCAG criteria, so having a dedicated expert in accessibility – not just compliance – is crucial. Most website providers don’t know the theory or implementation of these standards. While compliance with posting requirements is important, it is far easier to accomplish than true accessibility under the ADA. 5. All district PDFs must be accessible, too. The steps for identifying and fixing the errors differ from those of a website. The Adobe Checker, while a good start, meets a fraction of the criteria and yields false positives. As a result, PDFs, like websites, must be audited and fixed by humans with the expertise to do so. 6. California remains a ripe target for professional plaintiffs. In 2019, 43% of ADA cases nationwide were filed in the Golden State. Moreover, the Ninth Circuit recently issued California Special Districts • Jan-Feb 2020
Effective Public Outreach Practical Strategic Planning
How a District with Limited Resources Stayed Compliant SB 929 - The Special District Website Requirement Law in Effect By Jesse Claypool, Board Chairman, Honey Lake Valley Resource Conservation District Though they are continually being asked to do more with less, the Honey Lake Valley Resource Conservation District (HLV RCD) realized that having a website, required or not, plays an important role with community outreach and information and historic record retention. A website serves as a vital tool for building partnerships and facilitating engagement, especially with granting agencies and funding opportunities. As a relatively small special district with limited staff, few unrestricted funds available, and the desire to continued on page 18
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Volume 15 • Issue 1
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not claim a hardship exemption, they endeavored SB 929 compliance on their own. Selecting an “as seen on tv,” do-it-yourself website provider with a seemingly interactive platform and a low introductory offer price would get them well on their way to compliance, or so they thought. Setting up the website was an easy yet time consuming process. It’s the numerous code sections that referenced lists of requirements, having to decipher what it meant and then decide how to implement it all that was truly the daunting task. Staff time was being consumed by this, the district quickly realized paralysis from analysis, and it wasn’t getting any closer to compliance. It was obvious that a consultant or firm specializing in this field was needed, or for the possibility to have staff attend some type of training to become versed in website management and the related legalese. However, these options came with a cost that was just out of reach for the small district. Fortunately, there is a Sacramento based company that provides website solutions to special districts. The HLV RCD contacted them and immediately received oneon-one personalized assistance, compliance assurance, and continued support, all for an extremely reasonable cost. The HLV RCD now has a customized website, the do-it-yourself website platform was terminated, staff time required for website maintenance and up keep is minimal, the district is fully compliant, and the cost is manageable all thanks to Streamline. The do-it-yourself, do-it-alone approach, at least for the HLV RCD, was a frustrating and expensive experience. From that, they offer the following recommendations: • Don’t try to do it alone. SB 929 compliance is a complex process that warrants specialized professional assistance. • Talk to Streamline, they are exceedingly capable and eager to assist you (www.getstreamline.com). • Contact CSDA about any scholarships or other funding assistance opportunities that may be available. • Really consider the value of a website to your district and its many benefits, such as: - Community engagement and outreach - Records retention and storage - Adding additional creditability that can assist with partnership building and grant opportunities • Establish policies and procedures that will ensure continued compliance and that the content stays current, relevant, and easy to access. • Don’t let SB 929 be just another burdensome regulation. Special districts have this unique opportunity, utilizing technology, to do better with communicating who they are and the benefits of their services to their communities. They have the opportunity to increase transparency and accountability, and to demonstrate the immense value of local control.
California Special Districts • Jan-Feb 2020
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GovDeals and CSDA’s Surplus Marketplace – A Win-Win for All Henry Miller Reclamation District #2131 had several pieces of equipment that the board had cleared as surplus. The district’s executive assistant, Palmer McCoy, was tasked with finding a way to responsibly dispose of these assets. Mr. McCoy had heard about GovDeals.com through their affiliation with CSDA and decided to reach out for more information. After a discussion with the local GovDeals’ representative, Mr. McCoy decided that their online auction process would meet the district’s requirements and opted to give it a shot. The district gathered photos and brief descriptions of the 35 items to be listed. From there, GovDeals provided a tutorial on how to upload the assets to their site and set the auction dates and pricing requirements. The district chose to have the auction run for a period of two weeks. Of the 35 total items listed, the district successfully sold 32 of them in the first round totaling more than $100,000. “The support from the GovDeals’ team made the whole process simple and easy to use and the fact that they advertised a few of our items in other publications made the auction a bigger success than we had imagined.”
CSDA’s partnership with the online government surplus auction site, GovDeals.com, provides members with a simple, transparent platform for buying and selling surplus items online. Visit csda.net/ member-resources/ surplus-marketplace for more information.
FEATURE
How Does Governor Newsom’s Budget Proposal Affect
Special Districts?
On January 10, California Governor Gavin Newsom unveiled his administration’s proposed 2020-2021 State Budget. The Governor’s budget impacts climate resilience, local infrastructure, emergency response, pensions, and more. Economic Forecast In tempering expectations for future budget years, the Governor noted that the current economic expansion that began in 2009 is the longest the United States has experienced; a “contraction of growth” is anticipated to occur in the near future.
Recession Scenario The budget presentation and supporting materials contained a model depicting a recession scenario; the scenario “models the impacts of a Fiscal Year 2020-2021 recession. The slowdown is assumed to be larger than the early 2000s recession but smaller than the 2009 recession. The unemployment rate would peak at 9.1% in the second quarter of 2021, compared to 6.9% and 12.3% for the 2001 and 2009 recessions, respectively.” California personal income would decrease 3.4% from the second quarter of 2020 to the second quarter of 2021, versus a 0.9% and a 4.6% peak-to-trough decline for the 2001 and 2009 recessions, respectively. Beyond these more immediate risks, California faces some longer-term risks due to the State’s divergence with federal policy due to structural tensions. In particular, the state faces risk due to its housing shortage and aging population.
Property Tax The governor’s budget summary also noted that the demand for homes continues to outpace supply in many areas of the state, however, moderating growth in the economy as well as moderating and growth in home prices due to affordability issues are expected to lead a moderation in growth of property taxes in the future. Statewide property tax revenues are estimated to increase 6.4% in 2019-20 and 5.7% in 2020-21. Approximately 42% ($33 billion) of 2020-21 property tax revenues will go to K-14 schools. This includes $2.4 billion that schools are expected to receive in 2020-2021 pursuant to the dissolution of redevelopment agencies. When asked about various ballot measures the Governor intimated that regarding the proposal to treat commercial property differently than residential for the purposes of assessing property taxes, or “Spilt Roll,” that he would be sharing his opinion in the coming weeks. The Governor’s budget presentation touched on a myriad of issues, but among them of importance to special districts included the Governor’s remarks on climate resilience, emergency preparedness and response, environmental protection, infrastructure, housing, and homelessness. continued on page 22
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California Special Districts • Jan-Feb 2020
Volume 15 • Issue 1
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FEATURE
Climate Resilience Governor Newsom’s Executive Order N-19-19 directed the California Department of Finance, in consultation with the Governor’s Office of Planning and Research and the California Department of Human Resources, to develop a Climate Investment Framework for the California Public Employees’ Retirement System, California State Teachers’ Retirement System, and the University of California Retirement Plan. The Governor’s budget proposal reflects the following priorities to address both short- and long-term climate risks in areas of transportation, natural and working lands, and climate resilience. To tackle these goals, the administration proposes creating an integrated and comprehensive “Climate Budget” that prioritizes using government dollars to leverage private sector capital in all three priority issue areas. The Climate Budget will invest $12.5 billion over the next five years.
Climate Resilience Bond The Climate Budget includes a $4.75 billion climate resilience bond proposal for the November 2020 ballot to support investments over the next five years to reduce specific climate risks across California through longterm investment and natural and built infrastructure, especially in the state’s most climate-vulnerable communities. Approximately 80% of the funds are allocated to address immediate, near-term risks (floods, drought, and wildfires), while the remaining funds lay the groundwork for addressing long-term climate risk (sea level rise and extreme heat). Of that $4.75 billion, approximately $2.925 billion will be allocated to projects focused on reducing risks to communities from climate impacts on water systems, including floods, droughts, and degraded drinking water quality. Additionally, in recognition of the unprecedented wildfires the state has experienced in recent years, the proposed $4.75 billion climate 22
resilience bond allocates $750 million to hardening critical public infrastructure and the high fire-risk communities and makes additional investments in forest health. The proposed $4.75 billion climate resilience bond invests $500 million in reducing risks from sea level rise and changing ocean conditions. The climate resilience bond invests $325 million in proven cooling techniques such as urban greening and urban forestry, as well as in advanced materials for buildings and transportation systems that are designed to reflect rather than trap heat. Finally, the bond provides $250 million to invest directly in communities to bolster community resilience centers, and support local preparedness, planning, and education around resilience. The State Legislature introduced three similar proposals in 2019—SB 45 (Allen), AB 352 (E. Garcia) and AB 1298 (Mullin). These bond measures remain active as two-year bills and may become vehicles for the Governor’s proposal or otherwise integrate with negotiations throughout this year’s budget process. CSDA is soliciting member input on the Governor’s and Legislature’s Climate Resilience Bond proposals. Please email CSDA Legislative Representative Alyssa Silhi at alyssas@csda.net with your feedback and indicate in your response if you would like to continue to receive updates as this legislation moves forward.
Cap and Trade Expenditure Plan Another primary pillar of the Climate Budget is a proposed $965 million Cap and Trade Expenditure Plan. The plan continues a strong focus on community air protection and community engagement generally by providing $235 million to support the AB 617 (C. Garcia, 2017) program, which reduces exposure in communities most impacted by air pollution through community air monitoring and community emissions reduction programs. Complementing this funding is a focus on reducing emissions in the transportation sector and prioritizing disadvantaged communities
and clean mobility options for lowerincome households, which make up $400 million in Cap and Trade spending.
Climate Catalyst Fund The budget includes a $1 billion General Fund investment ($250 million 2020-21, with additional funding in later years) for a Climate Catalyst Fund, to be administered by the State’s Infrastructure Economic Development Bank in consultation with the Strategic Growth Council and the Labor and Workforce Development Agency. This revolving loan fund will provide lowinterest loans for a portfolio of climaterelated projects prioritized in areas that help meet the State’s climate and equity goals, and where technologies in infrastructure exist that could be deployed at much greater speed and scale but face barriers in the private market.
Cutting Green Tape The Governor proposed California bring together regulatory agency staff, local governments, environmental conservations groups, and a rage of other stakeholders and experts from across the state to improve permitting and funding efficiencies for ecological restoration and stewardship projects. The budget includes $4 million in ongoing General Fund and 16 positions for the Department of Fish and Wildlife to increase the scale and pace of restoration work and incorporate efficiencies into grant programs. The Department will form a restoration permitting team to provide early project consultation, hold permitting workshops, and incorporate the use of existing programmatic permitting options. If your district has any experience with challenges related to the permitting of environmental projects or would otherwise have input related to this proposal, please contact CSDA Legislative Representative Alyssa Silhi at alyssa@csda.net.
Emergency Preparedness and Response The budget summary highlights actions taken as part of the 2019-2020 State Budget, which included $984 million ($203 million ongoing) in additional funding to enhance the state’s emergency response capabilities. AB 111 (Assembly Budget Committee, 2019) added $50.1 million in 2019-20 for the Public Utilities Commission (PUC) to review and enforce utility wildfire mitigation plans and implement AB 1054 (Holden, 2019). The 2019-20 investments also included funding to facilitate immediate response by state and local governments during utility-led power shutoff events to help protect vulnerable populations and improve the resiliency of the state’s critical infrastructure. A portion of this funding was dedicated to the awarding of grants to cities, counties, and tribal governments to improve local preparedness for power shutoff events. SB 209 (Dodd, 2019) requires the Office of Emergency Services (CalOES) and the California Department of Forestry and Fire Protection (CAL FIRE) to establish a Wildfire Forecast and Threat Intelligence Integration Center to: (1) provide intelligence and data regarding wildfire threats to government agencies; (2) develop intelligence products for public and private entities involved in wildfire risk mitigation efforts; and (3) serve as a central organizing hub for wildfire forecasting, weather information, threat intelligence gathering, and analysis. AB 38 (Wood, 2019) authorizes the Wildfire Mitigation
Assistance Program through July 1, 2025 to: (1) encourage hardening of homes, businesses, and public buildings; and (2) facilitate vegetation management and defensible space activities.
California Disaster Assistance Act The Governor’s 2020-2021 budget proposes $16.7 million in one-time General Fund dollars to increase the amount of funding available through the California Disaster Assistance Act (CDAA), which is used to repair, restore, or replace public real property damaged or destroyed by a disaster, and to reimburse local government costs associated with certain activities undertaken in response to a state of emergency. This augmentation increases total CDAA funding included in the budget to $79.3 million.
Public Safety Power Shutoffs The budget also includes $50 million in one-time General Fund dollars to support additional preparedness measures that bolster community resiliency. Building on the state’s 2019-20 power-resiliency investments, these measures will support critical services still vulnerable to power outage events, including schools, county election offices, and food storage reserves. This proposal will support a matching grant program to help local governments prepare for, respond to, and mitigate the impacts of power outages. continued on page 24
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California Special Districts • Jan-Feb 2020
Volume 15 • Issue 1
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FEATURE
CSDA has met with the Department of Finance, Governor’s Office of Emergency Services, and numerous State Legislative Offices over the Interim Legislative Recess to advocate for special districts’ inclusion in funding to contend with and mitigate public safety power shutoffs (PSPS) and will continue these efforts. If your district has incurred any costs preparing for, responding to, or recovering from a PSPS event, please email CSDA Legislative Representative Alyssa Silhi at alyssas@csda.net.
Information Technology Security
The Budget includes $11.3 million one-time and $38.8 million ongoing and 85 positions to strengthen the state’s information technology securing operations. This includes the creation of the California Cybersecurity Integration Center to coordinate information sharing with local, state, and federal agencies. CSDA is currently working with the California Department of Technology and other stakeholders to ensure special districts are considered in these efforts. Please contact CSDA Senior Legislative Representative Dillon Gibbons at dillong@csda.net if your district would like to provide input.
Environmental Protection
The budget proposes statutory changes and funding to establish and staff a five-member board that will set fees through regulation, hear permit appeals, and provide strategic guidance to the Department of Toxic Substances Control (DTSC). The budget proposes $3 million General Fund dollars in 2020-21 for this board. The budget would also make changes in order to create an ongoing revenue stream for funding for this board, achieved through a mix of three core elements: fee authority, hazardous waste fee restructure, and toxic substances control account. The budget proposes a onetime infusion of $350,000 General Fund dollars to fund a work group responsible for identifying, evaluating, and developing safer, more practical,
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and more sustainable alternative pest management tools for California growers, to accelerate the transition of the California agricultural industry to safer, more sustainable pest management solutions. This cross-sector work group was established last year by the Department of Pesticide Regulation and the California Department of Food and Agriculture.
Infrastructure
The administration’s 2020 FiveYear Infrastructure Plan seeks to invest $53 billion in state infrastructure over the next five years. The plan includes four main pillars: climate resilience, education, broadband, and other critical state infrastructure.
Broadband
The budget proposal contemplates mapping the entire state to analyze broadband infrastructure, services and access. The State will seek to coordinate various funding opportunities and invest in civic broadband opportunities. The California Department of Technology will convene stakeholders for this purpose. If your district provides broadband services, intends to provide broadband services, or has ever contemplated the provision of broadband, please contact CSDA Legislative Representative Anthony Tannehill at anthonyt@csda.net to share your input.
Housing
In the view of the administration, “[u]ltimately, local governments are responsible for land use decisions – including planning, zoning, and permitting for housing.” To address this problem and encourage local jurisdictions to build more, the State has provided a variety of tools to local governments so they can fulfill their housing responsibilities. Beginning in 2014, the State began investing 20 percent of Cap and Trade auction proceeds (around $468 million in 2020-21) in the Affordable Housing and Sustainable Communities program to fund land-use, housing,
transportation, and land preservation projects to support infill and compact development that reduce greenhouse gas emissions. The 2019 budget also invested $1.75 billion in resources, which included $500 million for infrastructure grants.
Development Impact Fees
The administration mentions in its budget summary that “[d]evelopment fees are assessed by local governments to fund vital services, including schools, utilities and transportation. While they are a normal part of doing business, these fees are especially high in California and have contributed to the state’s higher housing costs.” The administration proposes a bond measure that would fund an exemption for specific multifamily developments that are located a specified distance from major transit stops from all school development fees, and would fund a reduction of school development fees that are applicable to all other multifamily housing projects by 20 percent. Changes were made within the 2019-2020 State Budget to streamline the process for local governments to issue debt to finance infrastructure and facilitate housing development. This is to encourage the formation of more enhanced infrastructure financing districts (EIFDs), which will assist local governments by bringing in vital capital to develop necessary infrastructure and housing. The Administration made several comments throughout the budget introduction and summaries that it “..is committed to working with the Legislature this year on additional actions to expedite housing production, including…. adding predictability and reducing the costs of development fees...”
Homelessness
Special districts, especially parks and water districts, have found themselves looking for solutions in the wake of the homelessness crisis. Indigent individuals establishing encampments on public agency property pose potential risks to critical infrastructure as well as to the communities that public agencies serve. The governor’s budget proposes a radical California Special Districts • Jan-Feb 2020
shift in the State’s involvement to augment city and county efforts to shelter the many unsheltered persons living in California, by launching a new state fund for developing additional affordable housing units, supplementing and augmenting rental and operating subsidies, and stabilizing board and care homes. The governor’s administration hopes to be ready to deploy investments by this summer. The 2019 Budget Act invested $1 billion to address homelessness. This included $650 million in emergency aid to local governments and hundreds of millions of dollars for expanded health and social services targeted to homeless individuals and individuals at risk of becoming homeless. In early January 2020, the governor issued an executive order to take urgent actions to provide additional state aid to support local governments in addressing this crisis. The State will deploy state assets to specific counties, in partnership with philanthropy, to augment local shelter capacity. The administration will also send out multi-agency strike teams to assist cities and counties in moving individuals from encampments into shelters and connecting them to services. The budget proposes to implement a six-year Community Care Collaborative Pilot program in three counties to provide incentives to treat and serve individuals deemed incompetent to stand trial in the community. This program will primarily target in the development of community-based treatment options for individuals who are experiencing mental illness and are homeless. This program will increase local investments in strategies to reduce the rate of arrests, rearrests, and cycling in and out of institutions for individuals who have been deemed incompetent to stand trial. On Monday, January 13, a task force of regional leaders and statewide experts that Governor Newsome convened last summer to advise him on homelessness, called for the State Legislature amend the Constitution to establish a “legally enforceable mandate” on cities and counties to provide housing. CalMatters reported on the task force findings.
Human Resources Independent Contractors (AB 5)
Governor Newsom is proposing $17.5 million in funding to the Department of Industrial Relations to provide the necessary resources to enforce and investigate workplace violations of the new law, AB 5, related to independent contractors classifications. (See pages 56-57 of the Budget Summary for further details)
CalPERS
Liabilities in the California Public Employees’ Retirement System (CalPERS). The governor has proposed making an additional $1.1 billion in payments above their normal costs to save money in future years for the State. What does this mean for special districts? The additional investments will do nothing to reduce unfunded liabilities for anyone other than the State. However, the additional dollars will reduce drawdown on the fund to liabilities. The reduced drawdown allows for greater investment, which in turn has the potential to increase returns. Increased returns reduce annual payment increases.
Workforce Development and Career Pathways
The Governor proposed establishing a new Department of Better Jobs and Higher Wages, which will be comprised of the California Workforce Development Board, the Employment Training Panel, Workforce Services Branch and Labor Market Information Division, and the Division of Apprenticeship Standards. CSDA was recently appointed to serve on the Civil Service Subcommittee of the Interagency Advisory Committee on Apprenticeship within California’s Department of Industrial Relations and will actively engage in the ongoing effort to provide career pathways in public service.
Stay Tuned
CSDA will continue to monitor these developments and more as the state budget process begins in earnest at the Capitol. Be sure to subscribe to the Advocacy News Blog to receive breaking updates from the Capitol from CSDA’s Advocacy and Public Affairs team, and to follow the association’s Twitter page @CSDAdistricts. Governor Newsom’s complete 2020-2021 budget proposal can be accessed at www.dof.ca.gov. Read this full article on CSDA.net under Take Action/Advocacy News.
Providing Special Districts with Focused Legal Strategies We counsel clients throughout California in sectors including Water, Public Finance, Public Agency, Environment, Infrastructure, Employment, Data Protection, Government Relations and Eminent Domain. What solutions are you seeking?
Similar to the 2019-20 budget, the governor is proposing making an additional payment towards the State’s share of the $250.6 unfunded pension
Volume 15 • Issue 1
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LEGAL BRIEF
Senate Bill 998 How California Districts Can Effectively Prepare for New Restrictions on Discontinuing Residential Water Service By Nicholas R. Ghirelli and Chelsea Straus, Attorneys, Richards Watson Gershon
In September 2018, former Governor Jerry Brown signed into law Senate Bill 998 (“SB 998”), entitled the “Water Shutoff Protection Act.” SB 998 restricts the authority of “urban and community water systems,” which includes all public water systems with over 200 service connections, to discontinue residential water service for the nonpayment of a water bill. Districts qualifying as “urban water suppliers” were required to begin complying with SB 998 by February 1, 2020. All other districts must comply by April 1, 2020. Given these deadlines, districts should promptly adopt policies that comply with SB 998 and familiarize themselves with SB 998’s requirements and restrictions on discontinuing residential water service. This article addresses frequently raised issues regarding SB 998 compliance. SB 998 requires each water supplier to adopt a written policy on discontinuing residential water service for nonpayment. SB 998 contains numerous requirements for a district’s written discontinuation of residential water service policy (“Discontinuation Policy”), including 26
the following information: 1) a plan for deferred or reduced payments; 2) alternative payment schedules; 3) a formal mechanism for a customer to contest or appeal a bill; and 4) a telephone number for a customer to contact to discuss options for averting service discontinuation.
SB 998 also contains new noticing requirements before a district may discontinue water service for nonpayment. Districts may not discontinue water service for nonpayment unless a customer’s payment has been delinquent for at least 60 days and the district has provided the proper notice to the customer. In order to adhere to SB 998’s notice requirements, districts must contact customers at least seven business days before discontinuing water service by telephone, written notice, or both, to discuss or explain the impending residential water service termination. Pursuant to SB 998, if a district opts to provide notice telephonically, the district must offer to provide its Discontinuation Policy to the customer and offer to discuss options to avert service discontinuation. The district must also explain the procedure to request a review and/or appeal of the delinquent bill. If written notice is provided, the notice must contain the following information: 1) the customer’s name and address; 2) the delinquent amount; 3) the date by which payment or arrangement for payment is required in order to avoid service discontinuation; 4) a description of the process to apply for an extension of time to pay the delinquent service rate, charge, or fee; 5) a description of the procedure to petition for bill review and appeal; and 6) a description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent service charges. California Special Districts • Jan-Feb 2020
If these means of contact are unsuccessful, then the district must make a good faith effort to visit the customer’s residence and leave a notice of imminent discontinuation of service and a copy of the Discontinuation Policy. The Discontinuation Policy, and all written notices required by SB 998, including notices of water service discontinuation, must be translated into English, Spanish, Chinese, Tagalog, Vietnamese, and Korean, as well as any other language that is spoken by at least ten percent of the people residing in the district’s water service area. SB 998 does not specifically address the manner which the Discontinuation Policy must be translated into the required languages. For the avoidance of any doubt regarding meaning, we have recommended contracting with a professional translation service. Depending on the document’s length, a professional translation service can be expected to be completed in seven to ten days, and the cost may range from 15 to 50 cents per word depending on the language. While online services, such as Google Translator, may be free, they may have difficulty capturing technical or grammatical nuances and are not as accurate as a professional service. A district staff member who is a fluent speaker of one or more of the languages may also be able to assist with the translations. In addition to translation requirements, districts have also posed questions relating to the certification of primary care providers and low-income individuals. Under SB 998, a district may not discontinue water service for nonpayment if all of the following conditions are met: (1) a primary care provider certifies that discontinuation of water service Volume 15 • Issue 1
will either be life threatening to, or pose a serious threat to the health and safety of, a resident of the home where water service is provided; (2) the customer demonstrates that they are financially unable to pay for service within the district’s normal billing cycle; and (3) the customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the district’s Discontinuation Policy. SB 998 does not contain specific verification requirements for these elements. We recommend taking a reasonable and practical approach toward verification. At minimum, the primary care physician’s certification must be in writing. Districts may request letterhead that provides the physician’s professional title or the name of their employer or hospital affiliation. SB 998 requires either that a customer “declare” they have a household annual income below 200 percent of the federal poverty level or “demonstrate” that a member of the customer’s household is a current recipient of CalWORKS, CalFresh, general assistance,
▪
Medi-Cal, Supplemental Security Income/ State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children. Districts may consider requiring a written certification that individuals qualify under one of these two financial options and, with respect to government assistance programs, provide evidence of their participation. As the deadline approaches for districts to enact their Discontinuation Policies and begin implementing SB 998, it is important that they understand how to effectively implement SB 998’s requirements associated with the discontinuation of residential water service.
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CSDA 2019 AWARD FOR INNOVATIVE PROGRAM OF THE YEAR – SMALL DISTRICT
SOLUTIONS AND INNOVATIONS
The Camarillo Health Care District - Partnership to Improve Transitions By Kara Ralston, CEO, Camarillo Health Care District
Due to the risk factors for informal caregivers, “wrap-around” services for the caregiver were also included in the project, which helped protect the health of the caregiver.
Briefly, social determinants of health (SDOH) are defined as “conditions in the environments into which people are born, live, learn, work, play, worship, and age, that affect a wide range of health, functioning, and qualityof-life outcomes and risks.” Often these adversities (such as income, education, social inequalities, living conditions, food insecurity, environmental factors, and health behaviors) can have a more significant effect on a person’s health status than the health care the person receives, even up to 80% of the influence on their health status. Recent study of the effect of SDOH on health status has shown that clinical health services alone can’t adequately address the dimension and depth of the “needs” of patients and ow very fortunate it is when dedicated families. In the effort to improve health outcomes, community health providersStudents can learn to keeptheir FOG out of drains. reduce costs, and optimize health resources, it is therefore, come together, bring like-minded impossible to ignore these factors when applying health care goal and skills, and assign enough resources to services. About addressing SDOH, during the transition of people actually make a difference! from one care setting to another, such as from hospital to This is the story of how Camarillo Health Care District skilled nursing facility, or from hospital to home, they are and Gold Coast Health Plan (GCHP), in Ventura County, at increased risk for complication or exacerbation of health found a way to address social and economic adversities conditions, medication errors, or a host of other potential known as social determinants of health, through an problems which can substantially affect health status. It is innovative partnership program titled “Partnership to understood that when the social and economic adversities Improve Transitions.” facing the patient in the new setting are known, discussed and
addressed through care transitions work, the more likely the patient is to have successful transition and stabilization of health condition. Community-based care modules, such as those developed and provided by Camarillo Health Care District, address these potential points of failure and become like an “extension” of the primary care provider. In 2017, GCHP, Ventura County’s Medi-Cal plan, recognizing the need to address SDOHs, allocated funds to Camarillo Health Care District to administer the Partnership to Improve Transitions program, with specific emphasis on beneficiaries who were covered by Medi-Cal, as well as those covered by both Medicare and Medi-Cal, called “dual eligible.” This population was comprised largely of low-income adults, dualeligible older adults, and persons with disabilities with complex health and social needs (SDOHs). Because the target population is among the frailest and most vulnerable, family caregivers (informal caregivers) played a critical role in their care, often at great personal and physical cost to themselves. Due to the risk factors
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California Special Districts • Jan-Feb 2020
for informal caregivers, “wrap-around” services for the caregiver were also included in the project, which helped protect the health of the caregiver. This demonstration project tested a model of care that included plan beneficiaries, Camarillo Health Care District health coaches, physician groups, hospitals and other care centers, skilled nursing facilities and home health agencies, and other referral sources. Over the past six years, Camarillo Health Care District has added a variety of evidence-based programs and services, along with master level training certification, to the array of other community-health programs offered. The Partnership to Improve Transitions program utilized the Care Transitions Intervention®, developed by Eric Coleman at the University of Colorado. This model speaks to the federal Triple Aim of “simultaneously improving the health of the population, enhancing the experience and outcomes of the patient, and reducing per capita cost of care for the benefit of communities” and has resulted in reduced hospital readmissions, created net cost savings, and showed that patients reported a better quality of life and improved functional status.
A 30-day intervention in this partnership program was defined as: • One home visit by trained health promotion coach • Three follow-up calls • Home safety evaluation • Health risk assessment • Pharmaceutical review through HomeMeds, a nationally recognized evidence-based program providing medication risk screening by pharmacist • In-home psychosocial, environmental, cognitive, and functional assessments • Short and long-term care/service coordination that includes individual social and behavioral determinants of health, provision of nutritious meal service, knowledge of self-care, medication adherence, transportation, and other service to help reduce barriers to benefits • Caregiver support services and education • The patient’s choice of related evidence-based classes offered by the district
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SOLUTIONS AND INNOVATIONS
As with anything, theory and application can be very different! As this particular target population was among the frailest and most medically complex, interventions frequently required more than the 30-day intervention plan. Some required months of addressing social determinants of health before even beginning to address disease and care management issues, like Bob’s story:
Bob, age 77, was failing to manage his Type 2 diabetes, HTN, foot wound, weakness and Stage 3 kidney disease. His case opened in the fall of 2017 and didn’t close until the following July. As the health coaches made their visits and calls, they noticed that Bob was not progressing. As It turned out, it took about a month for him to trust the coach enough to share what
DISTRICTS MAKE THE DIFFERENCE
was happening. He reported that his nephew was repeatedly breaking into his home, scaring and intimidating him, and stealing items such as his money, medications, and cell phone…to the point that Bob slept with a bat under his pillow and was declining to see his PCP or refill his medications. It was clear that multiple social determinants of health needed to be resolved before Bob would feel safe enough to focus on his health condition. The intervention health coach helped Bob initiate calls to APS, assisted with restraining orders and court visits, and facilitated getting the locks changed. That’s when things began to change for the better. The intervention coach continued to assist Bob in working with utility companies to reduce his late bills, helped him get a walker, facilitated the installation of grab bars,
reading glasses, and hearing aids, and helped him navigate into physical therapy through renewed visits with his PCP. His health status stabilized. As you can see, when Bob’s untenable home environment (SDOHs) were addressed, his health status stabilized. There is no more rewarding service than to assist someone out of a dangerous downward health spiral. The Partnership to Improve Transitions program changed Bob’s life. It also saved money and reinforced our belief in the value of addressing social determinants of health. The recorded success of addressing SDOHs in conjunction with health services makes a compelling case for broadening the overall definition of health care.
Three California Students Earn $3,500 in Scholarships CSDA proudly awarded three California high school students with a combined $3,500 in scholarship awards for their winning entries to the 2019 Districts Make the Difference Student Video Contest. Winners included: • $2,000 FIRST PLACE SCHOLARSHIP:
Erubiel Monterrosa, Independence High School, Bakersfield • $1,000 SECOND PLACE SCHOLARSHIP:
Maryam Aslam, Natomas High School, Sacramento • $500 THIRD PLACE SCHOLARSHIP:
Jordan Chan, Mission Hills High School, San Marcos CSDA Board President Joel Bauer presented Erubiel with the first-place scholarship during a special awards ceremony on January 23 at North of the River Recreation and Park District in Bakersfield, CA. Bauer is also the General Manager of West Side Cemetery District in Kern County. In presenting the first place award, Bauer stated, “Erubiel is a shining example of the talented young Californians we need leading our communities. His video will raise awareness and understanding of the special districts serving our community. CSDA is proud to support his academic career and encourage his continued civic engagement.” Help CSDA promote the 2020 Student Video Contest by visiting DistrictsMakeTheDifference.org.
School Partnership Lessons Learned and Next Steps
D
uring a February 11 webinar, CSDA education consultant Dr. Hueling Lee shared initial takeaways from her multi-month study of special district efforts to partner with schools and increase community outreach. The webinar was free to CSDA members and included a summary of school partnership lessons learned as well as emerging resources for introducing special districts to schools. In conducting her initial study, Dr. Lee interviewed special districts providing resource conservation, sanitation, water, mosquito abatement, flood control, fire protection, and utilities. Based on feedback from members during the webinar, Dr. Lee will work with CSDA and the Institute for Local Government to determine next steps for CSDA to support special district collaborations with schools to build public awareness and understanding. If your district is interested in participating or learning more, contact CSDA Advocacy and Public Affairs Director Kyle Packham by emailing kylep@csda.net
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/yourCAdistricts and www.twitter.com/yourCAdistricts so we can see what your district is doing.
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California Special Districts • Jan-Feb 2020
Volume 15 • Issue 1
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MANAGERS CORNER
“Rowland Water is guided by a deep investment in strategic planning, and our commitment to the development of our employees is one of its cornerstones,” Board President Robert Lewis said. “Having a stable staffing plan ensures continuous leadership and ultimately helps us provide the highest level of service to our customers.” The Strategic Plan identifies the following strategies to guard the District’s future: • Conduct comparative industry salary surveys every three years • Develop district-wide succession plan • Expand district internship program • Increase support of regional water industry events • Pursue expansion of board development and training
AGENCY’S SUCCESSION PLANNING REMAINS TOP STRATEGIC PRIORITY ROWLAND WATER DISTRICT IS FOCUSED ON PRESERVING TALENT AND INSTITUTIONAL KNOWLEDGE By Erin Gilhuly, President & Founder, CV Strategies
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he recent promotion of four veteran staff members at Rowland Water District was about more than advancement for good work. The move was also a step toward accomplishing one of the agency’s primary strategic initiatives: preserving talent and institutional knowledge. Maintaining a full leadership pipeline is important to the district, ensuring its staff is prepared for the future and ready for any potential vacancies or changes. It’s a concern shared by many of the nearly 3,400 special districts across California. “The promotion of these dedicated employees is an important part of the District’s commitment to thoughtful succession planning,” said Rowland Water General Manager Tom Coleman. “We have an internal culture that advances employee growth and professional development. Everyone benefits, especially our customers, when we can retain 32
talented employees, think ahead and promote from within as positions become available.” Preparing for a workforce “brain drain” has taken on new significance in recent years, with the pending retirement of more than 70 million baby boomers over the next decade. The boomers – those born between 1946 and 1964 – have been retiring from the U.S. labor market at a rate of about 5,900 per day since 2010. It is estimated that some organizations will lose half of their current employees to retirement alone. The unprecedented demographic shift threatens the loss of critical organizational knowledge which in turn could impact service delivery, reliability and emergency response. Rowland Water District began tackling the issue years ago. Beginning with its 2015 Strategic Plan update, and again in 2018, the agency spelled out the need to continue looking ahead to protect the reliability of drinking water and recycled water for irrigation that serves the needs of about 62,000 people over more than 17.2 miles in portions of five cities. In addition to the areas of Communication, Value, Water Supply Diversity, System Reliability, Capital Investment and Financial Stewardship, Rowland’s Strategic Plan includes a section on Organizational Development and prioritizing an ongoing investment in staff and Board of Directors. California Special Districts • Jan-Feb 2020
As part of the effort, Rowland formed a unique educational partnership with the Water Utility Science Program at Santiago Canyon College in Orange County. The district offers internships and potential part-time employment opportunities to qualified students, who receive hands-on, real-life work experience by training with some of the most highly respected industry leaders in Southern California. Tom Coleman, the Rowland General Manager, urges fellow special districts to start addressing the retirement issue if they haven’t already. Internally, they should identify target abilities and competencies, recognize skill gaps at all levels of the organization, and anticipate key positions likely to become open. “It is a challenge not only to find and train talented managers and staff, but to retain them long-term,” he said. In addition to internship programs to mine for talent, organizations can assign staff to recruit at colleges and speak about special district careers at local high schools; work with community partners to recruit and train potential employees; build positive name recognition in the community; and present opportunities for professional development. “Succession planning is not without its trials, but doing it right is critical for development of the next generation of workers,” Coleman said.
As part of its succession planning, Rowland Water District in Southern California announced the following promotions: • Dave Warren, who started with the District in 1987 as a meter reader, will serve as the Assistant General Manager, from Director of Operations. He has also served as a Customer Service Representative, System Operator, Water Systems Supervisor, and Operations Superintendent. • Dusty Moisio, who began his career at Rowland in 1997 as a meter reader, will advance from Water Systems Supervisor to Director of Operations. He has also worked in Customer Service, Distribution Maintenance, System Operations and Water Resources. • Senior Water Systems Operator Robert Leamy, who has been with Rowland Water since 2006, was promoted to Water Systems Supervisor. • Ryan White, who joined the District in 2011, will be moving into the Senior Water Systems Operator position from Cross-Connection Control Specialist. For more information about the Rowland Water team and the District’s strategic plan, “Effective Action for Sustainable Progress,” visit www.rowlandwater.com
MAX IMIZE YOUR MEMBER S HIP
VISIT CSDA’S SAMPLE DOCUMENT LIBRARY WWW.CSDA.NET - LIBRARY INCLUDES STRATEGIC PLAN EXAMPLES Volume 15 • Issue 1
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TAKE ACTION
PROVIDE FEEDBACK ON IMPORTANT TAKE ACTION TOPICS Climate Resiliency Bonds Could Fund Special District Infrastructure
CSDA to Sponsor Reenactment of Short-Term Financing Tool
Follow-Up to Independent Contractor Legislation Introduced
While unveiling his 2020-2021 State Budget, Governor Gavin Newsom announced a statewide $4.75 billion Climate Resilience Bond proposal for the November 2020 ballot to support investments in natural and built infrastructure, especially in the state’s most climate-vulnerable communities. Approximately 80 percent of Climate Resilience Bond funds are proposed to address immediate, near-term risks (floods, drought, and wildfires), while the remaining funds lay the groundwork for addressing long-term climate risk (sea level rise and extreme heat). Approximately $2.925 billion, or 60 percent of the funds are proposed for projects within the draft Water Resilience Portfolio focused on reducing risks to communities from climate impacts on water systems, including floods, droughts, and degraded drinking water quality.
CSDA is developing sponsored legislation to reenact a financial tool created in statute for special districts in 2004, Securitized Limited Obligation Notes (SLONs) (Government Code section 53835-53839) that expired on December 31, 2019. While some lenders may view special districts’ promissory notes as risky, SLONs were backed by a pledge of existing revenues with terms of 10 years or less, providing more certainty for lenders. This type of loan may be useful to those special districts funding relatively small projects, and to those districts who do not have suitable real property for a lease agreement as security for loan. Additionally, some might find SLONs to be more practical than long-term bonds (with terms of 20-30 years and the associated interest payments) for small projects. SLONS could be issued only after a special district adopted, by a four-fifths vote, a resolution that contained several key features.
On January 6, 2020, the State Legislature’s first day back in session, Assembly Member Lorena Gonzalez introduced AB 1850, her eagerly anticipated follow-up legislation to last year’s AB 5. Following the California Supreme Court case, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, the California State Legislature passed AB 5 in 2019 and codified the new “ABC” test from the court case to determine how employers must classify employees. This new statutory framework now determines what constitutes an independent contractor versus an employee. During last year’s deliberations surrounding the controversial measure, Assembly Member Gonzalez vowed AB 5 was just the start of implementing the court’s decision and that more work needed to be done to address its impacts. AB 1850 was introduced as a “spot” bill, which is essentially a placeholder bill that is awaiting substantive language. However, we can expect this legislation to be amended in the coming months to address some of the issues that have resulted from the passage of AB 5.
What does your district want to see in the final version of the Climate Resilience Bond? Share feedback with CSDA Legislative Representative Alyssa Silhi by emailing alyssa@csda.net. Alyssa Silhi, CSDA Legislative Representative
Has your district used SLONs in the past—or would consider using a reenacted version in the future? Share feedback with CSDA Legislative Representative Anthony Tannehill by emailing anthonyt@csda.net. Anthony Tannehill, CSDA Legislative Representative
Sign me up for Advocacy News at csda.net Login to your personal profile account at csda.net, go to CSDA Communities - All Communities and join the Advocacy News community to hear breaking stories from the capitol.
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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 with your public affairs field coordinator.
California Special Districts • Jan-Feb 2020
Has AB 5 affected your district’s operations? Please share details with CSDA Senior Legislative Representative Dillon Gibbons by emailing dillong@ csda.net. Dillon Gibbons, CSDA Senior Legislative Representative
TAKE ACTION SEASONS OF ADVOCACY: WINTER • Request a “meet and greet” with any legislators within your service territory that your district has yet to meet with. • Sign up for your local legislators’ eNewsletters and social media—and add them and their staff to yours. • Update your CSDA Grassroots Mobilization Survey at csda.net/take-action with any new legislative relationships you have developed. • Set up a meeting or tour for your local news reporter or editor.
Volume 15 • Issue 1
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MANAGING RISK
will be classified as an employee. Extreme care and caution should be used with regard to classification of all independent contractors. Accordingly, some public agencies are rightly reviewing their independent contractor agreements to determine whether those contractors are still considered independent contractors under AB 5.
Legal Updates
FOR 2020 G
For additional information, please contact SDRMA Chief Risk Officer Dennis Timoney at dtimoney@sdrma.org.
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overnor Gavin Newsom recently signed a number of bills that will affect California employers in 2020. Most significantly, the new laws codified the ABC test for independent contractors, clarified sexual harassment training requirements and deadlines for employers, and created stricter enforcement of employment arbitration agreements. In the wake of Assembly Bill 5, employers will need to exercise additional care when determining whether to hire workers as employees or as independent contractors. Using the below analysis of the controversial new California law, employers should re-examine their current and future relationships with independent contractors. AB 5 codifies the California Supreme Court’s ruling in Dynamex Operations West, Inc. (2018) 4 Cal. 5th 903, which changed the test used to determine whether California workers are
employees or independent contractors. AB 5 codifies the “ABC” test established in Dynamex, and specifically exempts certain occupations, industries and contractual relationships. The “ABC” test presumes that all workers are employees, and places the burden on the hiring business to establish the following factors in order to classify a worker as an independent contractor: • (A) the worker is free from the control and direction of the hirer in connection with the performance of the work; • (B) the worker performs work that is outside the usual course of the hiring entity’s business; and • (C) the worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed for the hiring entity. If the hiring business fails to establish any of these factors, the worker California Special Districts • Jan-Feb 2020
Expansion of Lactation Accommodation Requirements (SB 142): This bill expands existing law relating to lactation accommodation and adds a number of new requirements for the space itself, including access to running water, refrigeration to store milk, and electricity or charging stations for electric or battery-operated breast pumps. The bill also provides for additional break time to express milk, policy requirements and penalties under the Labor Code for violations. Statute of Limitations for FEHA Claims Extended to Three Years (AB 9): Under existing law, the California Fair Employment and Housing Act (FEHA) requires that an employee alleging discrimination, harassment, or retaliation must first file a verified complaint with the Department of Fair Employment and Housing (DFEH) before filing a civil action in court. Currently, the employee has a one (1) year statute of limitations to file their DFEH complaint. AB 9, known as the Stop Harassment and Reporting Extension (SHARE) Act, extends the deadline to file a claim with the DFEH to three (3) years. Employers should note that AB 9 does not revive claims that have
Just an FYI! As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War between the Generations” has gone viral: “OK, Boomer!” The phrase, popularized on the Internet and, in particular, Twitter by Generation Z and Millennials, has been used to dismiss baby boomers’ thoughts and opinions, sometimes viewed by younger generations as paternalistic or just out of step. And, the phrase isn’t just living in Twitter feeds and the comments sections of opinion pieces. There is “OK, Boomer!” merchandise and, just last week, a 25 year-old member of the New Zealand Parliament used the phrase
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SDRMA Board and Staff Officers
Staff
MIKE SCHEAFER, PRESIDENT Costa Mesa Sanitary District
LAURA S. GILL, ICMA-CM, ARM, ARM-P, SDA, Chief Executive Officer C. PAUL FRYDENDAL, CPA, Chief Operating Officer DENNIS TIMONEY, ARM, Chief Risk Officer ELLEN DOUGHTY, ARM, Chief Member Services Officer DEBBIE YOKOTA, AIC, Claims Manager WENDY TUCKER, Member Services Manager ALANA LITTLE, Health Benefits Manager DANNY PENA, Senior Claims Examiner JENNIFER CHILTON, CPA, Senior Accountant ALEXANDRA SANTOS, Health Benefits Specialist II PHILLIP BOTTOMS, Member Services Specialist II HEIDI UTMAN, Accountant JACK BUCHANAN, Accounting Technician HEIDI SINGER, Claims Examiner II TERESA GUILLEN, Member Services Specialist I ASHLEY FLORES, Management Analyst/Board Clerk
SANDY SEIFERT-RAFFELSON, VICE PRESIDENT, Herlong Public Utility District ROBERT SWAN, SECRETARY, Groveland Community Services District
Members of the Board DAVID ARANDA, CSDM, Stallion Springs Community Services District JEAN BRACY, CSDM, Mojave Desert Air Quality Management District JESS CLAYPOOL, Honey Lake Valley Resource Conservation District TIM UNRUH, CSDM, Kern County Cemetery District No. 1
Consultants DAVID BECKER, CPA, James Marta & Company, LLP LAUREN BRANT, Public Financial Management DEREK BURKHALTER, Bickmore Actuarial CHARICE HUNTLEY, River City Bank FRANK ONO, ifish Group, Inc. ANN SIPRELLE, Best Best & Krieger, LLP KARL SNEARER, Apex Insurance Agency DOUG WOZNIAK, Alliant Insurance Services, Inc.
Volume 15 • Issue 1
Special District Risk Management Authority 1112 I Street, Suite 300, Sacramento, CA 95814 tel: 800.537.7790 • www.sdrma.org
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already lapsed under the current one-year statute of limitations rule. Employers should remember to Document! Document! Document! (And save those documents!) Sexual Harassment Training Requirements — Compliance Period Extended Under SB 778, an employer with five or more employees must provide at least two hours of training and education regarding sexual harassment to all supervisory employees and at least 1 hour of training to all nonsupervisory employees by January 1, 2021. Thereafter, the training must be given again once every two years. SB 778 also requires the training be provided within six months of hire or within six months of the assumption of a supervisory position. SB 778 clarifies that employees who are trained in 2019 do not need to be trained again until two years have passed (sometime in 2021, after the January 1, 2021, deadline). The bill also includes an urgency clause making the legislation effective immediately. Extension of California Paid Family Benefits from Six to Eight Weeks For claims that start on or after July 1, 2020, California’s Paid Family Leave (“PFL”) benefits will extend from six weeks to eight under SB 83. PFL is not a leave entitlement; rather, employees who are eligible to take leave through paid sick leave or the Family Medical Leave Act (“FMLA”)/ California Family Right Act (“CFRA”), or who are otherwise granted leave by the employer, are then eligible to apply for wage replacement benefits through PFL. The San Francisco Paid Parental Leave Ordinance, which requires employers to pay “supplemental compensation” for the full period that a covered employee receives PFL to bond with a child, will extend from six to eight weeks accordingly. 38
continued to dismiss a fellow lawmaker’s perceived heckling during a debate about climate change. RECENT COURT DECISION Labor Code §1102.5 Nejadian v. County of Los Angeles, 40 Cal. App. 5th 703 (2019) Patrick Nejadian sued his former employer, the County of Los Angeles, for age discrimination and retaliation and was awarded $300,000 on the retaliation claims (arising under the FEHA and the Labor Code); the jury found no liability on the age discrimination claim. The Court of Appeal reversed the judgment on the ground that Nejadian had failed to present sufficient evidence to support his claims. The Court held that under Cal. Lab. Code § 1102.5(c), an employee is required to show that the activity in question actually would result in a violation or noncompliance with a statute, rule, or regulation, which is “a quintessentially legal question” for the trial court. Once it is determined by the court that the activity would result in a violation or noncompliance with a statute, rule, or regulation, the jury must then determine whether the plaintiff refused to participate in that activity and, if so, whether that refusal was a contributing factor in the defendant’s decision to impose an adverse employment action on the plaintiff. In reviewing the evidence presented, the Court determined that “Nejadian mostly referred to the activities in generalities” and failed to present sufficient evidence to show that the activities in question would result in a violation of any specific state, federal, or local statute, rule, or regulation. Similarly, the alleged retaliation under the FEHA did not constitute protected activity because the conversation in which he told a coworker that he felt discriminated against based upon his age “was part of an informal discussion between coworkers, and [the coworker] did not report Nejadian’s statement to management.”
While many may find “OK, Boomer!” a harmless way to point out generational differences, the phrase’s popularity could lead to problems once it creeps into the workplace. Age (over 40) is a protected category under both California law (i.e., the Fair Employment and Housing Act) and federal law (i.e., the Age Discrimination in Employment Act). Whether the speaker is well-intentioned or not, dismissive attitudes about older workers could form the basis of claims for discrimination and/or harassment. And, as one radio host recently opined, the phrase “OK, Boomer!” may be regarded by some as an outright slur. Generation Z and Millennial employees understand that using derogatory or dismissive comments related to gender, race, religion, national origin, disability and sexual orientation are inappropriate. Yet, for some reason, some may not have made the leap with regard to insidious/disparaging comments about a co-worker’s age. Given the prevalence of age discrimination lawsuits, employers should take heed and consider reminding their workforce about the impropriety of this and other age-related phrases, and train their employees to leave the generation wars at the door.
More on this subject can be found right here on page 39.
California Special Districts • Jan-Feb 2020
“OK, Boomer” By Emanuela Tala, Associate, Liebert Cassidy Whitmore
It
is no secret that Generations Y and Z do not often see eye-to-eye with the Baby Boomer generation on a number of complex cultural, social, and political issues. Baby Boomers criticize Millennials (Generation Y, born between 1981 and 1996) and Gen Zers (Generation Z, born between 1997 and 2010) as “entitled” and “narcissistic.” In turn, Millennials and Gen Zers criticize Baby Boomers as “hypocritical” and “oblivious.” Baby Boomers fault Millennials and Gen Zers for expecting “participation trophies,” and, in turn, Millennials and Gen Zers fault their Baby Boomer parents and grandparents for coming up with and handing out “participation trophies” in the first place. (Indeed, Millennials, who by and large are children of Baby Boomers, are often referred to as “Echo Boomers.”) As the inter-generational conflict raged on, the term “snowflake” was coined to capture the perceived overly sensitive and selfish attitudes Baby Boomers often attributed to Millennials and Gen Zers. Until 2019, however, there was no term directed to Baby Boomers the way “snowflake” was to Millennials and Gen Zers. Then, “OK, Boomer” happened. “OK, Boomer” is the “clapback” heard around the world – or, at the very least, around all of social media. The phrase was coined to provide a short, sharp rebuke to comments or ideas perceived to be narrow-minded or based on outdated notions, which Millennials and Gen Zers often attributed to Baby Boomers. The term became prevalent in both traditional and social media, and in numerous articles, memes, and tweets. “OK, Boomer” does not mean “OK, old person,” much like “snowflake” does not mean “young person.” Rather, “OK, Boomer” simply conveys Millennials’ and Gen Zers’ disagreements with Baby Boomers’ cultural, social, and political stances, much like “snowflake” conveys Baby Volume 15 • Issue 1
Boomers’ disagreements with those of Millennials and Gen Zers. Simply stated, neither term has anything to do with chronological age. Whatever its place in popular culture – or in the inter-generational conflict – may be, it is abundantly clear that in light of federal and state anti-discrimination laws, “OK, Boomer” has no place in office e-mails, meetings, banter, or other interactions. That is because the phrase, by its language (although not by its meaning) is intrinsically tied to age. “Boomer” is firmly rooted in “Baby Boomer.” In turn, the Baby Boomer generation is defined (like all generations) by the time period within which its members were born – specifically, 19441964. This means that the youngest Baby Boomers are 55 years old, while the oldest members of the generation are in their mid-70s. As such, all Baby Boomers are covered by the anti-discrimination and harassment protections both California and federal law provide for workers over the age of 40. The phrase “OK, Boomer” may therefore
by interpreted to suggest bias against older workers, and expose employers to liability under laws such as the Fair Employment and Housing Act and the Age Discrimination in Employment Act. Training can play a significant part in reducing such exposure. Millennials are currently between the ages of 38 and 23, and already make up a majority of the country’s workforce. Some research suggests that by 2020, Millennials will make up half of the workforce, and Gen Zers one third. In other words, Millennials and Gen Zers, together, will make up the vast majority of the working population. Because Millennials and Gen Zers do not use the phrase “OK, Boomer” to refer to chronological age, they may innocently use it at the office, unaware of its potential implications. Training can serve as a reminder that even such use of a popular social media quip can have serious consequences. It can thereby reduce the likelihood that the phrase will find its way into the workplace. 39
WHAT'S SO SPECIAL
SANTA CLARA COUNTY LIBRARY DISTRICT DISTRICT SIZE: 1,046 mi2 POPULATION: 444,567
LOCATION: SANTA CLARA COUNTY WEBSITE: WWW.SCCLD.ORG
Tell us more about the Rise Up program? Rise Up in a multi-agency effort to proactively improve the lives and outcomes of at-risk youth and their families in Santa Clara County through educational and recreational intervention. It’s a partnership between various public/government agencies, nonprofit and community organizations that interface with children and teens using multi-week learning courses and support programs designed to address participants’ complex challenges. The curriculum, developed at Santa Clara University, teaches participants emotional presence, stress management, selfcare, and brain development.
RISE UP:
SANTA CLARA COUNTY LIBRARY DISTRICT Santa Clara County Library District, in partnership with community public agencies, created Rise Up: A Program for At-Risk Youth initiative. The goal of this program is to improve the lives and outcomes of atrisk youth in the South Santa Clara County as well as their families. California Special Districts asked Santa Clara County Library District to explain the inspiration for this program and why it is important for the community. Tell us about Santa Clara County Library District? Santa Clara County Library District (SCCLD) is one of the top public library systems in the nation. The Library Journal recently ranked it #7 in the U.S., and #1 in California, for library systems
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THE PROGRAM INCLUDES:
with expenditures of over $30 Million. At the heart of Silicon Valley, SCCLD strives to provide its patrons with a wide variety of titles (over 2 Million offered) in traditional and electronic formats. The Library District covers Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, Saratoga, as well as all unincorporated areas within Santa Clara County. SCCLD has seven community libraries and one branch library, along with two bookmobiles and an online library.
What inspired the Rise Up: A Program for At-Risk Youth initiative? The community of Gilroy, in South Santa Clara County, was ranked first in the County for juvenile arrests and citations in 2016. School expulsion and citation rates were high and parents were asking for guidance on how to keep their teens away from violent behavior and drug use. The best opportunity for intervention was positive out-of-school recreation and education. California Special Districts • Jan-Feb 2020
Resilient Families: Targets caregivers of children from 0-3 years old, with resiliency classes in Spanish, emotional well-being training for “madrinas” (godmothers) to assist mothers, and family social gatherings to encourage group wellness. Parent Project: Targets parents of at-risk youth with strategies to help them support their children. Recreational Programs: Aimed at teens includes mindfulness classes and field-trip excursions exposing youth to educational experiences. Restore Leadership Program: Training for community leaders who work with atrisk youth to improve their resiliency.
What kind of partners were involved and how did this come about? Multiple local government agencies took part including but not limited to SCCLD and Gilroy Library, Volume 15 • Issue 1
BUDGET: $60.9 MILLION
Santa Clara County Social Service Agency-Department of Family and Children Services, County Probation Department, the Gilroy Unified School District, County District Attorney’s Office, City of Gilroy and Gilroy Police. Community partners from faith organizations and nonprofits focused on the needs of families, youth, and the Gilroy neighborhoods most impacted.
What is the focus of this program and what is the District’s involvement with it? The focus of Rise Up is to improve the lives and outcomes of at-risk youth and their families in Santa Clara County. SCCLD secured initial funding from the California State Library and the Santa Clara County Library District Foundation to get this program off the ground. Using the library’s core competency as a learning center, the library is a natural, neutral and welcoming environment to provide these types of programs. The environment and approach is different from other criminal justice oriented programs as we are proactively working with at-risk youth and families.
What results and community response have you seen? In the first year, hundreds of Gilroy area youth and their families have taken part in one or more components of Rise Up. This ranges from the Spanish language parenting class for new mothers, parenting classes, field trips for teens to sites such as the Monterey Bay Aquarium, a leadership training class for nonprofit and government staff to assist them in fostering community resiliency, and a movie night revitalizing a neighborhood park previously troubled with gangs and drugs.
What is most rewarding about this project? Our library staff are an integral part of the community and part of the solution for systemic changes that require collaborative solutions, like truancy and juvenile violence. Being a part of the solution and seeing the positive impact that they have on the lives of community members, which in turn improves the quality of life for all South County residents is an honor.
How does this fit with the district’s mission? SCCLD’s mission is to foster education, ideas and the cultural enrichment of our communities. We promote lifelong learning and provide access to services and resources for all residents. According to Palaces for the People by Eric Klinenberg, “The accessible physical space of the library is not the only factor that makes it work well as social infrastructure. The institution’s extensive programming, organized by a professional staff that upholds a principled commitment to openness and inclusivity, fosters social cohesion among clients who might otherwise keep to themselves.”
What advice do you have for other districts who may want to have a similar program? The Library is the ideal hub for a community-based program like Rise Up, particularly one that has a law enforcement dimension. Libraries are a welcoming, non-biased and neutral ground that community members can trust. Bringing in all stakeholder groups, from government to civic and nonprofit is key. Including local youth and parents in the planning process and roll out of the program will help increase its effectiveness and ensure participation from the community.
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MONEY MATTERS
Using Cooperative Purchase Agreements for Purchasing Equipment By Loch A. Dreizler, General Manager, Mission Hills CSD
Many smaller California special districts experience a dilemma regarding public procurement – smaller special districts often don’t have an employee with “public procurement” in their job description. However, if an employee manages equipment purchases, consulting services, or construction projects, he or she is engaged in public procurement. Of course, ethics, transparency, competition, and compliance play a role in public procurement, but if employees are not following all public procurement procedures, this is likely due to unfamiliarity and time constraints rather than intention. Agencies lacking public procurement staff are at a disadvantage when making agency purchases. Public procurement is broadly defined as managing resource distribution from the private sector to public agencies to complete a task. Some agencies opt to hire consulting engineers, architects, or project managers for larger construction projects to avoid procurement pitfalls. However, small agencies are more likely to choose capable employees who acquire rudimentary knowledge of procurement fundamentals by reviewing what other agencies do. Unfortunately, small agencies often engage in public procurement sporadically—months, or even years apart— thus requiring the process to be re-learned each time. Because small districts often lack resources to hire public procurement professionals, they are the most inspired to find efficient, ethical methods to comply with public procurement requirements. All public procurement falls under three categories: construction projects, contract services, or equipment purchases. Most districts develop purchasing 42
guidelines or policies outlining public procurement below their district-specified spending thresholds that, depending on your district, range between $5,000 and $25,000. 1. Construction Projects—The California Uniform Public Construction Cost Accounting Act allows districts to conduct informal bids for public works construction projects higher than defined spending thresholds. This provision was outlined in the California Special Districts September–October 2019 magazine article written by Will Clemens. 2. Contract Services—As intangible items, contract services represent work that directly engages the time and effort of a consultant, whose primary purpose is to perform an identifiable task rather than furnish a tangible finished product. Services may be performed either by professionals or other personnel. See Chapter 10 - Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms [4525 - 4529.5] from the California Government Code for further information. 3. Equipment Purchases—California Government Code § 54202 requires districts to “adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment.” District purchasing guidelines should outline thresholds for supplies and equipment purchases and may use their public works spending thresholds as benchmarks. Keeping with the spirit of ethics, transparency, and competition, it benefits districts to consider getting information and estimates from a minimum of two or three vendors. One option to consider when purchasing equipment is to use a cooperative purchasing agreement. A cooperative purchasing agreement is a written contract procured for the benefit of two or more governmental entities to make equipment purchases. These agreements can be accessed within the state or across state lines, where other agencies with a larger volume of purchases take the lead in setting up a term contract, and smaller agencies can “piggyback” on the contracts and reap significant savings in time and money. Today, cooperative purchasing is widely accepted as a valuable tool. A variety of cooperative California Special Districts • Jan-Feb 2020
purchasing organizations exist, like Sourcewell—previously known as The National Joint Purchasing Alliance (NJPA)—and similar purchasing programs are offered on the National Institute for Public Procurement at www.nigp.org. Almost every state has legislation providing some authority for cooperative purchasing. For local governments in California, employees can reference California Government Code § 6502 Authority for Agreement; Out-of-State Agencies. Also, according to California Government Code § 54205, a local agency may request the Department of General Services to make purchases of materials, equipment, or supplies on its behalf per Section 10298 of the Public Contract Code. Lastly, California Public Contract Code § 10298 establishes contracts, master agreements, multiple award schedules, cooperative agreements (including agreements with entities outside the state), and other arrangements to leverage the state’s buying power. State and local agencies may contract with suppliers awarded those contracts without further competitive bidding. However, each district’s governing board must adopt a resolution to participate in cooperative purchase agreements. Cooperative purchasing is another useful tool to add to the public procurement toolbox. Cooperative purchasing allows smaller districts to partner with another agency that has already
been through the purchasing process. Every public agency, regardless of size, is subject to specific, complex procurement requirements and restrictions, and time is always a constraint. Nevertheless, small agencies often lack resources to hire consultants, so these responsibilities often fall to management or other willing—or not so willing—employees. As such, there are ways for California’s small public agencies to increase proficiency in public procurement. For purchasing supplies, agencies can make use of cooperative agreements, saving time and effort by capitalizing on another agency’s purchase. The National Association of State Procurement Officials (NASPO) may offer some insight beyond what is covered here, as well as serve as a reminder to advance public procurement through leadership, excellence, and integrity. However, individuals who remain active in membership organizations like the California Association of Public Procurement Officials (CAPPO) and the California Special Districts Association (CSDA) will also gain valuable insight from other agencies. By engaging in open forums, attending training, and participating in conferences, agencies can read, hear, and share ways to improve the public procurement process, helping ensure that other small agencies will be prepared for future public procurement challenges.
CSDAFC Board and Staff Officers JO MACKENZIE, PRESIDENT, Vista Irrigation District PAUL HUGHES, CSDM, VICE PRESIDENT, South Tahoe Public Utilities District MATTHEW MCCUE, SECRETARY, Mission Springs Water District
Members of the Board GEORGE EMERSON, Goleta Sanitary District VINCE FERRANTE, Moss Landing Harbor District GLENN LAZOF, Regional Government Services Authority ARLENE SCHAFER, Costa Mesa Sanitary District
Consultants RICK BRANDIS, Brandis Tallman, LLC DAVID MCMURCHIE, McMurchie Law
Recent Financings Special districts can maximize current low interest rates by combining a new money loan with a refinancing of prior debt. The CSDA Finance Corporation recently helped Groveland Community Services District finance their wastewater treatment plant and, at the same time, refinance an old loan at a lower interest rate. The refinancing generated an estimated $70,000 in interest savings on a present value basis.
WILLIAM MORTON, Municipal Finance Corporation ALBERT REYES, Kutak Rock LLP SAUL ROSENBAUM, Prager & Co., LLC NICOLE TALLMAN, Brandis Tallman, LLC
Staff NEIL MCCORMICK, Chief Executive Officer AMBER PHELEN, Executive Assistant RICK WOOD, Finance & Administrative Director
CSDA Finance Corporation 1112 I Street, Suite 200, Sacramento, CA 95814 tel: 877.924.2732 • www.csdafinance.net
“The CSDA Finance Corporation has truly been my onestop shop for finding the best financing possible for critical infrastructure and equipment. In 2019 alone, we refinanced debt and secured infrastructure loans with the assistance of the Finance Corporation, which saved our customers hundreds of thousands of dollars and significantly reduced administrative effort and expense.” - Pete Kampa, General Manager Groveland Community Services District Do you have a financing need? Visit www.csdafinance.net for more information or to request a no cost, no obligation rate quote!
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