2021 CA Special District September -October

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 16 , I s s u e 5 • Se p t e mb e r- Oct o b e r 2 0 2 1

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

Feature • PAGE 20

Cooperation Among Water Agencies Brings Wave of Success: How Can Your Agency Ride the Wave?

Managing Risk • Page 32 Navigating and Understanding Conflicts of Interest in the Public Sector

Solutions and Innovations • Page 26

Take Action • Page 40

Padre Dam DigAlert Saves Resources & Helps Provide Timely Information

Governor Signs CSDA Sponsored Bill on Remote Public Meetings

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California Special Districts • September-October 2021

SPECIAL DISTRICT LEADERSHIP FOUNDATION

District Transparency Certificate of Excellence 2021 TRANSPARENCY CHALLENGE

IS YOUR DISTRICT UP FOR THE CHALLENGE? It is now more important than ever for local governments (including special districts), to be open and accessible to the public. The Special District Leadership Foundation’s Transparency Challenge will showcase the many steps your district takes to show it is available and transparent to the constituents and customers you serve.

Taking the challenge is simple: Complete the required steps on the SDLF Transparency Checklist and your district is on the way to receiving SDLF’s Transparency Certificate of Excellence and getting recognized for your efforts!

START THE CHALLENGE TODAY!

Download the Transparency Checklist: www.sdlf.org/transparency Volume 16 • Issue 5

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TABLE OF CONTENTS

DMTD: How Three Special Districts Made the Difference for the Homeless in their Community

Community Connections:

Feature:

Put some Disney “Show” into Your Government Agency

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05 President’s Message 06 CSDA News 07 CSDA Southern

Network: Chapters Highlight 08 CSDA Awards 12 You Ask, We Answer:

AB 339 – Open and

Public Meetings 14 Movers and Shakers

Clovis Veterans Memorial District Honors Past While Inspiring the Future

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20 Cooperation Among Water Agencies Brings Wave of Success: How Can Your Agency Ride the Wave?

26 Solutions and Innovations:

Padre Dam DigAlert Saves Resources & Helps Provide Timely Information 27 What’s So Special:

Coarsegold Resource Conservation District Utilizes Firewise Program to Mitigate Wildfire Danger

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

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28 Legal Brief:

National Origin Employment Discrimination 30 Managers Corner:

eProcurement Insights from Palmdale Water District’s Scott Rogers 32 Managing Risk:

Navigating and

Understanding Conflicts of Interest in the Public Sector

38 Money Matters:

Does a Compressed Workweek Work?

40 Take Action:

Governor Signs CSDA Sponsored Bill on Remote Public Meetings

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

California Special Districts • September-October 2021

PRESIDENT'S MESSAGE

This year, we had another record number of submissions (60) and the award review committee (CSDA’s Professional Development Committee) reviewed over 400 pages of submission material in making these decisions.

President’s Message This summer, I was fortunate enough to be off the grid for a couple of weeks camping in Utah with my family. I was pleasantly surprised by the absence of crowds, thunderstorms, and lack of internet connectivity.

This disconnection with the world was honestly the best part about the trip—made Ryan Clausnitzer, CSDM easier by the knowledge CSDA Board President that our district is in good hands and prepared. This empowerment is no accident and is motivated in seasonal staff through seasoned staff with decades of experience. Training, accountability, and recognition of excellence allow us to take real breaks from work knowing that we will cover for one another, and that our district will continue to serve the public uninterrupted.

Our district, like many CSDA member districts, has less than 20 employees. This enables us all to wear many hats and own the line “other duties as assigned” in our job descriptions. As the de factor district clerk,

I have found tremendous value attending three CSDA Board Secretary/ Clerk Conferences. If your district is like ours, I would recommend planning to send your applicable staff members to the 2022 conference planned for November 7-9 in Monterey.

Speaking of resources, in my 2021 CSDA Buyers Guide message I specified the many valuable CSDA business partners and services available to us all. I hope you were able to meet these sponsors and exhibitors in person at our annual conference. I am a big fan of products that increase the productivity and effectiveness of the services we provide.

Another way to learn best practices and improve service delivery is through the continued on page 6

CSDA Board and Staff Officers

Staff

RYAN CLAUSNITZER, CSDM, PRESIDENT, Alameda County Mosquito Abatement District

NEIL MCCORMICK, Chief Executive Officer MEGAN HEMMING, Professional Development Director KYLE PACKHAM, Advocacy & Public Affairs Director CASSANDRA STRAWN, Member Services Director RICK WOOD, Finance & Administration Director AARON AVERY, Legislative Representative ELEANOR BOLING, Legislative Assistant EMILY CHA, Member Services Specialist MARCUS DETWILER, Legislative Analyst VANESSA GONZALES, Communications Specialist COLLEEN HALEY, Public Affairs Field Coordinator MUSTAFA HESSABI, Deputy General Counsel CHARLOTTE HOLIFIELD, Public Affairs Field Coordinator JENN JACOBS, Member Services Representative COLE KARR, Public Affairs Field Coordinator CHRIS NORDEN, Public Affairs Field Coordinator CHRIS PALMER, Public Affairs Field Coordinator AMBER PHELEN, Executive Assistant RACHAEL POPPINO, Professional Development Assistant ALYSSA SILHI, Legislative Representative JENNIFER SMITH, Professional Development Coordinator ERIC SPENCER, Member Services Specialist ANTHONY TANNEHILL, Legislative Representative THOMAS TURNER, Database & Online Communities Coordinator DANE WADLÉ, Public Affairs Field Coordinator JAMES WILFONG, Senior Designer KRISTIN WITHROW, Communications Specialist

ELAINE MAGNER, VICE PRESIDENT, Pleasant Valley Recreation & Park District ARLENE SCHAFER, SECRETARY, Costa Mesa Sanitary District JERRY L. GILMORE, TREASURER, Truckee Sanitary District VINCENT FERRANTE, PAST PRESIDENT, Moss Landing Harbor District

Members of the Board DON BARTZ, CSDM, Phelon Pinon Hills Community Services District STANLEY CALDWELL, Mt. View Sanitary District RALPH EMERSON, Garberville Sanitary District CHAD DAVISSON, CSDM, Ironhouse Sanitary District PETER KAMPA, CSDM, Groveland Community Services District JO MACKENZIE, Vista Irrigation District NOELLE MATTOCK, El Dorado Hills Community Services District STEVE PEREZ, CSDM, Rosamond Community Services District LORENZO RIOS, Clovis Veterans Memorial District KATHERINE STEWART, Vandenburg Village Community Services District FRED RYNESS, Burney Water District KIMBERLEE SENEY, Gold Mountain Community Services District

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

© 2021. California Special Districts Association.

Volume 16 • Issue 5

A proud California Special Districts Alliance partner

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CSDA NEWS & PROFESSIONAL DEVELOPMENT

Plan Your Educational Calendar NOW! Webinar: General Manager Evaluations NOVEMBER 10, 2021 10:00 – 11:30 A.M.

Webinar: Public Service Ethics AB1234 NOVEMBER 16, 2021 1:00 – 3:00 P.M.

Webinar: Fraud Detection & Prevention for Special District NOVEMBER 17, 2021 10:00 A.M. – 12:00 P.M.

Virtual Workshop: Board Member Best Practices NOVEMBER 30, 2021 10:00 A.M. – 12:00 P.M.

Webinar: The Great Board Chair DECEMBER 7, 2021 10:00 – 11:00 A.M.

CSDM Study Group JANUARY 19, 2022 10:00 – 11:00 A.M.

2021 CSDA Board Election Results

Congratulations to the following individuals who were recently elected to the CSDA Board of Directors in seat A for the 2022 – 2024 term!

NORTHERN NETWORK Greg Orsini, Director McKinleyville Community Services District SIERRA NETWORK Noelle Mattock, Director El Dorado Hills Community Services District BAY AREA NETWORK Chad Davisson, CSDM, General Manager Ironhouse Sanitary District COASTAL NETWORK Elaine Magner, Director Pleasant Valley Recreation and Park District CENTRAL NETWORK Patrick Ostly, General Manager North of the River Sanitary District #1 SOUTHERN NETWORK Jo MacKenzie, Director Vista Irrigation District The 18-member board consists of three directors from six networks in California. If you have any questions on the board election process, please contact Amber Phelen, executive assistant, at (877) 924-2721 or at amberp@csda.net.

Presidents Message continued outstanding work of our 2021 CSDA award winners. This year, we had another record number of submissions (60) and the award review committee (CSDA’s Professional Development Committee) reviewed over 400 pages of submission material in making these decisions.

As a member of this committee, I truly was inspired by the accomplishment of our peers. Congratulations to all the winners.

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Lastly, I wanted to welcome a new director to the CSDA Board representing the Central Network, Patrick Ostly, and congratulations to incumbents Elaine Magner, Noelle Mattock, Jo MacKenzie, and Chad Davisson on their reelection. I am also looking forward to working again with Greg Orsini from the Northern Network. Welcome back, Greg! If you do not know your CSDA Director, I encourage you to get to know them to ensure that CSDA fulfills its mission: CSDA is the voice for all special districts, providing members with the resources necessary to best serve their communities.

California Special Districts • September-October 2021

Networks & Chapters Del Norte

Siskiyou

Humboldt

Northern Network Lassen

Tehama

Plumas

Butte

Glenn

Mendocino

CSDA SOUTHERN NETWORK Chapters Highlight

Modoc

Shasta

Trinity

Sierra Nevada

Sutter

Colusa

Lake

Yolo Sonoma

Placer

Yuba

Sac.

Bay Area Network

Contra Costa

San Francisco

San Joaquin

Alameda

San Mateo

Alpine

Amador

Solano Marin

Sierra Network

El Dorado

Napa

Calaveras

Tuolumne Mono Mariposa

Stanislaus

Santa Clara

Merced

Santa Cruz

Central Network

Madera

San Benito

Fresno Inyo

Monterey

Kings

Tulare

Coastal Network San Luis Obispo

Kern San Bernardino

Santa Barbara Ventura

Los Angeles

Riverside

Orange

Southern Network

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 • MARIN COUNTY SPECIAL DISTRICTS ASSOCIATION • NORTHEASTERN CALIFORNIA CHAPTER OF CSDA*** *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 • STANISLAUS COUNTY SPECIAL DISTRICTS ASSOCIATION • VENTURA COUNTY SPECIAL DISTRICTS ASSOCIATION

**Chapter consists of Sierra, Nevada, Placer, El Dorado, Amador, Calaveras and Tuolomne counties.

Next up, California Special Districts is highlighting the CSDA affiliated chapters in the Southern Network. Here is what some chapter members said about what their chapter means to them and to the districts in their counties.

CSDA SOUTHERN NETWORK SENIOR PUBLIC AFFAIRS FIELD COORDINATOR: CHRIS PALMER chrisp@csda.net

LAST UPDATED JANUARY 2021

Independent Special Districts of Orange County (ISDOC) ISDOC.SPECIALDISTRICT.ORG

“Our CSDA Chapter, the Independent Special Districts of Orange County (ISDOC), ensures that our communities continue to receive effective, efficient and valuable services -- including library, parks and recreation, water and sewer -- while also ensuring that special districts have a voice at OC LAFCO to further local control and the best interests of our residents.”

– ISDOC President Mark Monin, Director, El Toro Water District

Special Districts Association of Riverside County WWW.CSDA.NET/CHAPTER-RIVERSIDE-COUNTY

“We can’t be static as our special district needs evolve. We must ask ourselves how we can meet the evolving needs, starting with special district engagement driven by our collective successes and experiences. The chapter allows us to share valuable information and resources to meet that goal.”

– Chapter President Dean Wetter, General Manager, Valley-Wide Recreation and Park District “SDARC is committed to the creation of innovative, collective experiences that foster meaningful connections with stakeholders, members and regional partners and to provide members with resources necessary to best serve their communities.”

– Chapter Vice President Kevin Kalman, General Manager, Desert Recreation District “The Special Districts Association of Riverside County is a valuable resource for bringing together special districts to discuss issues of mutual concern and to collaborate on issues that all special districts must face.”

– Chapter Secretary Kathleen Jurasky, Palm Springs Cemetery District

Association of San Bernardino County Special Districts WWW.CSDA.NET/CHAPTER-SAN-BERNARDINO

“The Association of San Bernardino County Special Districts is a great resource for all types of special districts in San Bernardino County. Our program generally focuses on topics of value to all - even guests of members who are not vested in special districts.

Our social hour is full of lively conversation and our dinners are delicious. We are so grateful that we can once again enjoy the fellowship of meeting face to face. What an opportunity to learn and grow in a safe environment. Our Association is essential in giving us all a chance to keep up with current trends and what others are accomplishing. It is invaluable to each and every member.”

– Chapter President Ron Coats, Director, East Valley Water District

San Diego Chapter of the CSDA WWW.CSDA.NET/CHAPTER-SAN-DIEGO

“The San Diego chapter is well-known for the networking and socializing amongst its members. That networking is not only a good time, but it allows the San Diego region to run smoothly and efficiently under the premise of collaboration, community, and shared resources. The stories shared between water districts and our fire protection districts have made a big difference in response in our fire-prone region and helped to make sure resources get where they need to be in an emergency.”

– San Diego Chapter President Al Lau, Santa Fe Irrigation District “As a long-time member of the San Diego Chapter, I’ve had the opportunity to see several innovative ideas move from the local chapter to the State. We were the first chapter to launch the video contest which has now been adopted statewide which gives our communities a chance to see and learn more about how special districts make an impact on our everyday lives. I’ve been honored to be a part of the chapter and look forward to what the future will bring.”

– CSDA State Officer Jo MacKenzie, Vista Irrigation District

Networks & Chapters Del Norte

Siskiyou

Humboldt

Modoc

Northern Network

Shasta

Trinity

Lassen

Tehama

Plumas

Butte

Glenn

Mendocino

Sierra Nevada

Sutter

Colusa

Lake

Yolo Sonoma

Placer

Yuba

Napa

Marin

Bay Area Network

San Francisco

Contra Costa

San Mateo

Alameda

Sierra Network

El Dorado Sac.

Alpine

Amador

Solano San Joaquin

Calaveras

Tuolumne Mono Mariposa

Stanislaus

Santa Clara

Merced

Santa Cruz

San Benito

Central Network

Madera

Inyo Kings

San Luis Obispo

Tulare

Kern San Bernardino

Santa Barbara Ventura

Los Angeles

Riverside

Orange

Southern Network

San Diego

Want to get involved with your local CSDA chapter?

Learn more at www.csda.net/about-csda/chapters-networks.

Fresno

Monterey

Coastal Network

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 • MARIN COUNTY SPECIAL DISTRICTS ASSOCIATION • NORTHEASTERN CALIFORNIA CHAPTER OF CSDA*** *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 • STANISLAUS COUNTY SPECIAL DISTRICTS ASSOCIATION • VENTURA COUNTY SPECIAL DISTRICTS ASSOCIATION

**Chapter consists of Sierra, Nevada, Placer, El Dorado, Amador, Calaveras and Tuolomne counties.

LAST UPDATED JANUARY 2021

Volume 16 • Issue 5

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AWARDS

A BIG CONGRATULATIONS TO ALL THE 2021 CSDA ANNUAL AWARD RECIPIENTS!

Individuals and districts received awards acknowledging their achievements in various areas including exceptional public outreach, leadership, and innovation! The awards were presented at this year’s CSDA Annual Conference & Exhibitor Showcase held August 30 – September 2, 2021 in Monterey. Winning submissions from each category are as follows:

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Exceptional Public Outreach & Advocacy Award (Large District Category): Alameda-Contra Costa Transit District for their AC Transit Tempo BRT Public Outreach

Exceptional Public Outreach & Advocacy Award (Small District Category): Clovis Veterans Memorial District for their Salute to Patriots (Military Signing Day)

Innovative Program of the Year Award (Large District Category): Costa Mesa Sanitary District for their Using Artificial Intelligence to Detect Condition of Sewer Manhole Covers

Innovative Program of the Year Award (Small District Category): Helendale Community Services District for their Helendale Recycling Center

California Special Districts • September-October 2021

THANK YOU TO OUR...

SPONSORS Excellence in Technology Award: Padre Dam Municipal Water District for their DigAlert Response Program

Champion Sponsors - California Special Districts Alliance - CSDA Finance Corporation - Special District Leadership Foundation - Special District Risk Management Authority Advocate Sponsors - Best Best & Krieger - Liebert Cassidy Whitmore - Nossaman, LLP - Richards Watson Gershon

Chapter of the Year Award: Ventura County Special Districts Association

General Manager of the Year Award: Kevin Loewen, CSDM, El Dorado Hills Community Services District

Friend Sponsors - AllPaid, Inc. dba GovPayNet - BHI Management Consulting - Black Mountain Software - Brandis Tallman, a Division of Oppenheimer & Co. Inc. - CalTRUST - Caselle - Centrica Business Solutions - Connect Consulting Services - Contractor Compliance and Monitoring, Inc - Districts Forward - Granicus - Mann, Urrutia, Nelson CPAs & Associates - Muchmore Than Consulting, LLC - ProcureNow, An OpenGov Company - Renne Public Law Group - Slovak Baron Empey Murphy & Pinkney LLP - Temecula Public Cemetery District - Umpqua Bank

Staff Member of the Year Award: Gina Terraneo, Management Analyst II, Costa Mesa Sanitary District

Volume 16 • Issue 5

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AWARDS

Ralph Heim Public Outreach & Advocacy Award: Jim Friedl, CSDM, Conejo Recreation and Park District

Board Member of the Year Award: Russell Jeffries, Moss Landing Harbor District

*The Institute for Local Government (ILG) and California Special Districts Association (CSDA) recognized this first-ever special district

to receive a Beacon Award for excellence in advancing environmental sustainability.

Beacon Leadership and Innovation Award for Leadership in Climate Action and Adaptation: Turlock Irrigation District for their Water Management Operations Program.*

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Learn more about CSDA and ILG Beacon awards at www.csda.net/ about-csda/get-involved/awards. The 2022 CSDA award nominations will open in February 2022. For questions about the CSDA awards program, contact CSDA Communications Specialist Vanessa Gonzales at (877) 924-2732 or at vanessag@csda.net.

California Special Districts • September-October 2021

Stan Caldwell Accepts CSDA’s Most Prestigious Award: William Hollingsworth Award for Excellence

W

hen Stan Caldwell moved to Contra Costa County in the summer of 1978, the area would have had no way to predict the many ways this one man would contribute to their community. The county population at the time was under 600,000 people. It has since swelled to nearly double the size according to the 2020 census.

Stan took up residency at a time when the community was growing quickly and needed community involvement to organize and manage the planning and growth.

One of his first indelible acts of community organization was to help establish an alternate access to the local landfill which would decrease the heavy truck traffic through narrow neighborhood streets. He became a member of the community that was providing the Contra Costa County Community Development Department the benefit of their guidance, contributions, and time. Stan had the pleasure of serving on the committee which was to determine where Community Development Block Grants (CDBG) should be used. The funds were ultimately used for Safety Paths for two local schools and reconstruction of Arthur Road (which included widening the roadway, installing storm drains, and sidewalks). Shortly after this time the landfill trucks were rerouted, resulting in a much safer neighborhood.

It is Stan’s broader perspective and enthusiastic support of the structure of government known as special districts that has earned him the 2021 William Hollingsworth Award for Excellence from California Special Districts Association. Stan didn’t stop with the road planning in his own neighborhood: He went on to make an impact on special districts everywhere.

One of the key aspects of CSDA’s work is a constant effort to inform the public of the function and necessity of special districts in California. Stan has been a champion of districts throughout his career and recognizes there are significant opportunities for the special district community to better educate all stakeholders within the communities they serve

Volume 16 • Issue 5

to both communicate the value and the needs of special districts and why their function is so critically important.

Stan completed the Special District Leadership Academy and received his Certificate in Special District Governance. He was elected to the Mt. View Sanitary District (MVSD) Board of Directors in 1993 and continues to serve in this capacity. Stan has held the seat of VicePresident and President of the Board, has served on the District’s Finance and Public Information/Public Outreach Committees and served as liaison to the Contra Costa Special District Association (CCSDA) and the Contra Costa County Local Agency Formation Commission (LAFCO) as a special district alternate member.

Continuing to show leadership for special districts, Stan also serves on the California Special Districts Association Board of Directors representing the Bay Area Network and the Institute for Local Government Board of Directors. He was a past board member on the Special District Leadership Foundation.

Stan Caldwell was nominated for the award by current CSDA President Ryan Clausnitzer, CSDM and fellow Bay Area Network CSDA Board Member Chad Davisson, CSDM. It was our pleasure to present the 2021 William Hollingsworth Award for Excellence to Stan Caldwell at the CSDA Annual Conference & Exhibitor Showcase in Monterey this year.

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Questions Appear in CSDA Online Communities

YOU ASK, WE ANSWER

Q&A

AB 339 – Open and Public Meetings Christine West Executive Director, South Santa Clara Valley Memorial District Our district has been watching AB339, which will require public agencies to provide call-in and internet-based options to public meetings.

It’s not a lot different to hosting Zoom meetings now, but if this is going to be a permanent requirement, we need to invest in the technology instead of just getting by with Zoom. We are a small district and are trying to prepare for this. As with many other boards, I’m sure the Zoom meetings have been challenging. Our board will be glad to be back in person. But if we need to provide call-in and remote visual access for the public we’ll need to invest in some new technology. We’re not even sure what would be needed. If our board is all in-person in one room, a single computer with a camera won’t work. For those larger agencies who are already broadcasting their meetings, what technology are you using?

What did it cost? How did or do you plan to allow for call-in access for the public? I’d like to put together a budget and a rough outline of the technology that we need to invest in. Can anyone share what you’ve done??

Melvin Matthews Executive Director, General Manager, Kinneloa Irrigation District We are also a small district and are interested in what others have done to provide a more permanent system once we move away from Zoom and what was or will be the budget.

Elizabeth Salomone General Manager, Russian River Flood Control and WCID Thank you for starting this thread, as there are numerous small special districts that will be looking for a plan of action to implement! Keeping it simple and inexpensive will be vital for many districts. I don’t have answers yet, but I’ll share if I find anything!

Dillon Gibbons Senior Legislative Representative, California Special Districts Association I wanted to share some good news and let you all know that CSDA’s lobbying efforts paid off and today in the Assembly Local Government Committee that Assembly Member Alex Lee, the author of AB 339, agreed to make significant amendments to his bill. One of the amendments completely removes special districts from the provisions of the bill.

AB 339 no longer applies to special districts. The bill will officially be amended and in print in the next few days or early next week.

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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Engage with your peers and ask questions on CSDA’s Open Forum community!

California Special Districts • September-October 2021

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CONTACT US:

916.553.4900 x132 | cvang@calruralwater.org Volume 16 • Issue 5 1234 N. Market Blvd. Sacramento, CA 95834

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MOVERS & SHAKERS

MOVERS& SHAKERS Coachella Valley Water District (CVWD) has welcomed a new Government and Regional Affairs Coordinator Victoria Llort.

Victoria is the former Programs and Public Affairs Manager for Mission Springs Water District, Desert Hot Springs. She also worked Victoria Llort as a strategy and policy advisor for County Supervisor V. Manuel Perez and interned in the office of Rep. Raul Ruiz.

She will represent the district at meetings and other events with other governmental agencies, stakeholder groups and various business, water industry and legislative organizations.

She will coordinate CVWD subject matter experts, lobbyist and policy makers and travel to key state and federal conferences and meetings. Other duties include outreach to elected officials and policy makers, developing a local City staff committee, and coordinating special projects.

During the 66th Annual Conference hosted by the California Association of Sanitation Agencies (CASA), Inland Empire Utilities Agency’s (IEUA/Agency) Board President, Jasmin A. Hall, was installed as CASA’s new President. CASA represents over 100 Jasmin A. Hall public agencies that engage in the collection, treatment or disposal of wastewater, resource recovery or water recycling. CASA’s mission is to provide trusted information and advocacy on behalf of California clean water agencies, and to be a leader in sustainability and utilization of renewable resources.

“It is an honor to continue to serve on CASA’s Board as a voice for clean water agencies on regulatory, legislative and legal issues,” stated Jasmin A. Hall, IEUA Board President and CASA Board President. “It is imperative that as a trusted and leading organization, CASA provides reliable information, influential leadership, a top-notch member experience, and meaningful collaboration. These principles are the foundation of CASA and aid in establishing a sustainable world for today and tomorrow.”

Prior to Hall’s appointment, she served as vice president on CASA’s Board of Directors. Prior to that, she served as CASA’s Board Secretary/Treasurer and was a member of the CASA Utilities Leadership Committee.

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Carlos Quintero was appointed to the role of general manager of Sweetwater Authority, effective September 27, 2021. The Authority’s governing board approved Quintero’s contract at its September 8 meeting.

Carlos Quintero “After a highly-competitive recruitment process, the Governing Board is excited to have Carlos Quintero joining the Authority as general manager. His extensive experience in the water industry will serve him well in his new role. We look forward to working with him and continuing the Authority’s mission to serve the community,” said Governing Board Chair Hector Martinez.

Quintero is a registered Professional Engineer (PE), MIT Graduate and is currently the Operations Manager for the Santa Ana Watershed Project Authority in Riverside, California. He has 24 years of water industry experience.

“I am honored to have been appointed General Manager by the Sweetwater Authority Governing Board. I look forward to working closely with our Board of Directors and staff to continue implementing the Board’s priorities and further the Authority’s mission of providing a safe and reliable water supply to its current and future residents and businesses,” said Carlos Quintero.

The Metropolitan Water District of Southern California has hired Adel Hagekhalil as its next general manager. Hagekhalil was previously second in command at the Los Angeles Bureau of Sanitation, where he helped Adel Hagekhalil develop strategies for cutting the city’s use of imported water — and therefore its reliance on Metropolitan. He said he’ll bring a shift in focus to the agency, putting more emphasis on recycling sewage water, capturing rainwater and cleaning up groundwater aquifers.

California Special Districts • September-October 2021

Todd Winslow

CSDA extends our best wishes to CSDA Publications Director Todd Winslow as he takes on a new career opportunity with CSDA Endorsed Business Affiliate CalTrust after a long and meaningful nearly 22-year tenure with CSDA. Todd was one of four full-time staff members at CSDA when he started in 2000 and has been a key contributor in building CSDA into what it is today. He has literally built the CSDA brand and worked to make sure we are providing our members with the best in communications and publications across all platforms since 2000. During his time, he led projects for California Rural Water Association & Fire Districts Association of California (when CSDA managed them), as well as the CSDA Finance Corporation, California Special Districts Alliance, Special District Leadership Foundation, Special District Risk Management Authority, and Districts Make The Difference. Not only has he been a dedicated CSDA staff member and department leader,

but you can also tell he truly cares about special districts through his work. While we’ll miss Todd as part of the team, we wish him all the best as he moves on to this exciting new opportunity. Thank you for your nearly 22 years of service to CSDA and our members! We couldn’t have done it without you.

Do you have movers and shakers in your districts to highlight?

Send to CSDA Communications Specialist-Editor Vanessa Gonzales at vanessag@csda.net for consideration in this section.

Jasmin A. Hall

Representing California public agencies for over sixty years.

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FEATURE

Keynote Speaker at CSDA Board Secretary / Clerk Conference

PUT SOME DISNEY “SHOW” INTO YOUR GOVERNMENT AGENCY

By Pete Blank, Leadership and Customer Service Expert / Professional Speaker

G

rowing up in Florida, I was lucky to be able to visit Walt Disney World just about every year. For a while, the Magic Kingdom was the only theme park. Once Epcot opened in 1982, it became even more magical for me. In fact, I vividly remember walking down Main Street U.S.A. and looking up at my mom and telling her “One day, I am going to work here.”

For 13 years, I was able to live out that dream by working in many different functions at the Walt Disney World Resort. Attractions host, Resort manager, Training and Development Leader, and more. I was able to learn every day about necessary business practices such as leadership, customer service, and business excellence.

I eventually moved to Birmingham, Alabama to be closer to family, and I took a job in training and development for local government. I was now faced with the challenging, but not impossible, task of adding some Disney elements into local government in Jefferson County, AL. While I knew there would be some pushback and resistance, I was passionate that there was an untapped opportunity to instill some of the lessons I learned from Disney and apply

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“WALT DISNEY ALWAYS THOUGHT OF DISNEYLAND AS A GIGANTIC SHOW WHICH ALL THE GUESTS WERE ABLE TO WALK INTO IT, AS OPPOSED TO JUST WATCHING IT ON A BIG SCREEN OR IN A BROADWAY THEATER.” California Special Districts • September-October 2021

them into government processes on a daily basis.

The main element I have added, and continue trying to add, is the concept of the Disney “Show.”

If you have ever been a guest in one of the Disney theme parks across the world, you may already know all about the Show. It encompasses all of the senses. It is the way the environment makes you feel when you are there in person.

• It’s the correct background music at the correct audio level in each land.

• It’s the finely landscaped flowers and shrubs that are themed to each location.

• It’s the trash cans that are never too far away.

• It’s the smell of fresh popcorn at just the right location.

• It’s the theming of every cast member costume, sign, and spiel which creates a consistency that impacts your emotional core The Disney Show is also known as “performance theming.” Walt Disney always thought of Disneyland as a gigantic show which all the guests were able to walk into it, as opposed to just watching it on a big screen or in a Broadway theater.

As local government leaders, we should all be trying to improve the “Show” element of our locations. One way to start is for you to determine which of your locations has the highest customer traffic. Then take a moment and walk that area for yourself from start to finish. The following questions are examples of those that should come to mind…

• How clean is your parking lot?

Does it feel welcoming? Was the directional signage easy to understand? Does it need restriped or resurfaced to create a magical first impression?

• Who is the first point of employee contact? Is it a security guard, a greeter, a receptionist? Even worse, is it nobody at all?

Volume 16 • Issue 5

• Do citizens know where to go and how to get there once in the building?

• Does it look, smell, and sound like a government building? Is there background music? Are there plants or community artwork?

• If this area has the highest traffic, do you have your most outgoing and competent employees working in this area? Do they add magic to the experience?

• As the customers leave, does anyone thank them for coming?

Performing this simple walk-through process will give you all the information you need to know about your “show”

elements. Just improving one of the areas listed above is found to have a positive ROI on your guest experience.

However, the most common pushback I hear is “we don’t have deep pockets like Disney to create that type of environment.” Yet I have seen many examples in government where these changes are made in low-cost/no-cost ways. Some easy to implement ideas include…

• Work with your local school system to have student’s art on a certain hallway and rotated throughout the year • Background music sooths the savage beast. If you can’t pipe in some continued on page 18

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?

17

FEATURE

streaming music, ask your local high school if the jazz quartet wants to come play on your busiest day once a month for a couple of hours • Set up expectations with your employees around some nonnegotiable customer service standards and hold them accountable. A simple greeting such as Chick-Fil-A’s “My Pleasure!” creates a distinct positive show element for your city/county/agency.

• Go beyond your employee’s current skill sets and ask what they can offer. Some may have skills that will add to the show of your building.

One final reminder! Don’t forget about your employee-only locations as well. It will backfire if you put all your time and energy into the customer-facing areas, and your employee break rooms are smelly, sticky, and boring. Every

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government employee deserves a bit of the “Disney Show” in their areas as well. This is why we worked so hard to create The Spark Learning Center (The Spark) at the Personnel Board of Jefferson County.

The Spark is a multi-purpose learning and development center for all 7,000 Merit System employees in Jefferson County. When I arrived in 2007, the space was three training rooms with grey furniture, beige walls, and classrooms that were unfortunately named “Classroom A, B, and C.” I spent seven long years (yes, we all know how long we have to work for positive change) creating the business plan around “why” we should invest some money into this facility.

It is because Disney taught me that the employees need magic as well. They need to know they are valued. They need to know leadership appreciates them. With a little budget, some creativity, and some good timing, The Spark has become an exciting “show element” for the employees.

Whether they take a promotional test, attend a training class, or use one of the rooms for departmental brainstorming, they always walk away with a little Disney “magic” …and it’s all because we invested some time, money, and love into putting some “Disney Show” into them.

The Disney Show can be a powerful enhancement for your facilities, customer satisfaction, and employee morale.

Take some time this month and create a process to see how you can add some Disney Show to your organization.

Pete Blank is the Training and Organizational Development Manager for the Personnel Board

of Jefferson County (PBJC). Find out more about the PBJC at www.pbjcal.org and more about Pete at www.peteblank.com

California Special Districts • September-October 2021

2019 BOARD SECRETARY/CLERK CONFERENCE SPEAKER

Business Affiliate Special Acknowledgements BUSINESS AFFILIATE

BUSINESS AFFILIATE

DIAMOND LEVEL

PLATINUM LEVEL

CSDA Finance Corporation www.csdafinance.net

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

Richards Watson Gershon www.rwglaw.com

Special District Risk Management Authority www.sdrma.org

Best Best & Krieger www.bbklaw.com

Umpqua Bank www.umpquabank.com

Liebert Cassidy Whitmore www.lcwlegal.com BUSINESS AFFILIATE

GOLD LEVEL

Aleshire & Wynder, LLP www.awattorneys.com

Five Star Bank www.fivestarbank.com

Olivarez Madruga Lemieux O’Neill, LLP www.omlolaw.com

AllPaid, Inc dba GovPayNet www.allpaid.com

Granicus www.granicus.com

Brown Armstrong Accountancy Corp. www.bacpas.com

Interwest Consulting Group interwestgrp.com

Redistricting Partners www.redistrictingpartners.com

Schneider Electric North America www.se.com

Burke, Williams & Sorensen, LLP www.bwslaw.com

Kutak Rock, LLP www.kutakrock.com

SoCalGas www.socalgas.com

California CAD Solutions, Inc. www.calcad.com

Laserfiche www.laserfiche.com

Streamline www.getstreamline.com

Centrica Business Solutions www.centricabusinesssolutions.com

National Demographics Corp. (NDC) www.ndcresearch.com

Tripepi Smith www.tripepismith.com

CPS HR Consulting www.cpshr.us

Nossaman, LLP www.nossaman.com

Olivarez Madruga Lemieux O’Neill, LLP The law firm of Olivarez Madruga Lemieux O’Neill, LLP (OMLO) is proud to support CSDA and serve its members.

OMLO is a certified minority-owned law firm specializing in the representation of special districts. We offer a unique blend of experience with a small firm attitude, and our goal is to provide top-shelf representation at fair, reasonable prices.

OMLO represents numerous municipal water districts, county water districts, and irrigation districts in southern California, and our attorneys serve in the capacity of general counsel to numerous water districts, municipalities, joint power authorities, and special districts.

To learn more, visit www.omlolaw.com.

Volume 16 • Issue 5

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FEATURE

COOPERATION AMONG WATER AGENCIES BRINGS WAVE OF SUCCESS: HOW CAN YOUR AGENCY RIDE THE WAVE?

By Kristin Withrow, CSDA Communications Specialist

Y

ou don’t have to live in California long before someone brings up water. The topic is nearly as ubiquitous as commenting on the weather when making small talk. The history of California’s water struggles, particularly the “north vs south” mentality of it, runs far, far back. The perpetuation of dogmatic opinions began in the early 1900’s and is, perhaps, even more entrenched today. Yet the statewide political battles over water that plague our state don’t seem to bring us any closer to more cohesive management of this shared resource.

As a brief history and overview, there are two main water management systems in California. The oldest is the Central Valley Project (CVP), which was dithered over and fought about for 80 years before its inception in 1933. Franklin Delano Roosevelt’s New Deal was what ultimately enabled the U.S. Bureau of Reclamation to put the project in forward motion. It is a series of water management systems, dams, lakes, canals, rivers and pipelines that today provide irrigation water for over

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3 million acres of farmland. It includes the Shasta, Trinity River and American River divisions in the Sacramento Valley and the Delta and canal systems, San Joaquin and Stanislaus Rivers and offstream storage and aqueducts in the San Joaquin Valley.

The other primary management system is the California State Water Project (SWP) operated by the California Department of Water Resources, which was established in 1960. The SWP provides drinking water for over 23 million people. The portion of water drawn into the system is allocated 70% to southern California and the bay area and 30% to the central valley for irrigation. It begins with the Feather River and Oroville Dam and flows into the Sacramento river, Delta, the north and bay aqueducts and into the California aqueduct which in turn branches into Coastal, West and East sections.

These main systems all work with surface water to capture and store rain and snow in the wet seasons, mitigate flooding while the rains come down, then provide a critical water source in the dry season.

California Special Districts • September-October 2021

It would be nice to think California could rely on its nearly 1,500 reservoirs to store enough water to satisfy its needs all year long; but California also has nearly 39.5 million residents (up from a mere 5.9 million when the CVP was planned in 1933), and provides more than 400 commodity crops to supply a significant portion of all fruits, nuts and vegetables to the entire United States, not to mention what we send to other countries.

California added to its water management systems requirements in 2014 with the Sustainable Groundwater Act of 2014. It turns out much of the central valley and parts of southern California have vast aquifers beneath them. These aquifers have capacity to store water without losing it to evaporation as lakes do. Naturally, the aquifers also support the structure and habitats of California. In some regions where groundwater has been overpumped, towns are literally sinking into the vacant spaces left by the missing water.

This is a high-level view of the vastly complex water systems of our state; yet it provides a snapshot of the need for collaboration statewide. Strategies must be employed to replenish groundwater that has been used over dry months (this is called a “recharge” of the groundwater), outgoing rates of flow and temperatures of natural waterways must be monitored, and endangered species must have their habitats protected to ensure the proper function of the natural spaces around us.

Volume 16 • Issue 5

People need drinking water and farmers and ranchers need irrigation.

It’s a lot of moving parts.

While the hard feelings and entrenched notions persist, one region in the state has made tremendous effort to bring neighboring districts into a wide partnership that has been paying off in more ways than one.

The Upper Santa Ana River flows through San Bernardino and Riverside Counties in southern California. About 15 years ago, the agencies that are all dependent on the river as a water source began to understand their common need for collaboration. Despite years of fighting amongst themselves, as is the more common tactic used in the state when it comes to the issue of water, they realized the flowing water didn’t recognize district boundaries, the groundwater aquifer didn’t store water in neat pools under each district, and the continued on page 22

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FEATURE

species they were tasked with protecting we not interested in living within a prescribed jurisdictional boundary. The natural resources they manage were uncooperative at staying within each district’s purview and therefore required collaboration in a regional manner to pull the tasks together.

Heather Dyer, general manager of San Bernardino Valley Municipal Water District (SBVMWD), has been a pivotal collaborative force. She began her career as a fish biologist and has risen to the task of bringing the human species together in their common quest for water security and biodiversity. Dyer came to realize, “we are connected in a shared resource,” and the agencies she collaborated with needed to figure out “how to use the resources we have to cohabitate.”

Several entities have formed, all on the shared value of collaboration. The San Bernardino Groundwater Council with its dozen members comprised of water districts, conservation districts, Loma Linda University, and several cities have coalesced behind a common goal: long term viability and sustainability of the region’s groundwater supplies. The Upper Santa Ana River Sustainable Resources Alliance supports a fully integrated environmental compliance program, including a Habitat Conservation Plan, tributaries restoration, mitigation banking of water and environmental permitting efforts in the region to ensure a secure source of water for residents and businesses alike.

Dyer is betting on this cohesiveness to score their next big win. This spring, the Environmental Protection Agency announced a low-cost financing program’s call for projects unexpectedly early. Dyer and her team got to work, pulling in the neighboring agencies to bring together a comprehensive 22

regional projects package.

Separately, each entity may have a shot at winning project funding; collectively, they are betting they will receive a higher rating with the projects encompassing a whole-of-resource approach. Their regional package includes projects for recycled water, stormwater capture, snow and lake level management, groundwater and habitat. In 6 short weeks, they’d created a joint powers agency (JPA) and submitted the entire bundle for consideration. The broad demographic includes consideration for other high priority areas that are scored in the application process, including areas with solar spaces and disadvantaged communities.

Regional special districts can use the San Bernardino Valley shared water cooperation model to break the inertia and get a spirit of cooperation moving. This whole-ofresource approach provides a more comprehensive outcome of efficiency and water security for the people the districts serve.

Dyer said step one is “facing the reality of your situation.” Whether you agree or disagree with the state water infrastructure in place, agencies are not going to be able to undo more than 8 decades of state water policy to go their own way.

Your personal feelings about the protection of endangered species will not topple the Endangered Species Act that has been in place for 48 years. The reality of the situation is that our state has a certain infrastructure, regulations and requirements that agencies are bound by. The reality is also that when we pull together, we move in the same direction and each individual effort becomes more streamlined. “Our connectedness

builds our resilience,” said Dyer.

Step two is to bring agencies together. Gather in person when possible with the goal of finding commonalities and defining the challenges each agency faces. Define, for each entity involved, what a “win” looks like. Determine what each entity needs, and what resources it can contribute. Be mindful that a Board of Directors is looking for initiatives from a value perspective. Define the ancillary benefits, added efficiencies and broader benefits that come with new collaboration.

Step three: Be Patient. When you get frustrated or fall into old habits of competitiveness, add more patience. Everyone who works in local government knows new ideas, projects and partnerships take time.

Finally, look for your champion. As you work through the first few steps, be aware of those individuals who are rising to the top. They’re the ones who

maintain the composure of the group, who keep the various players on task and amenable to the cooperative effort being asked of them. Your champion will be organized, energetic and able to rally people to the call for cooperation.

Every Californian, in every water agency, city and resource conservation district, will ultimately have one goal: the commitment to a resilient, longterm water supply for 39.5 million people who call California home.

California Special Districts • September-October 2021

Volume 16 • Issue 5

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COMMUNITY CONNECTIONS

Clovis Veterans Memorial District Honors Past While Inspiring the Future The Clovis Veterans Memorial District was established as a legislative special district in 1946.

Their original charter was to honor the veterans returning from World War II. It has become a living memorial to all individuals who have defended our nation. As a result of 75 years spent honoring veterans, Clovis is home to memorials throughout the community designed to honor the past, inform the present, and inspire future generations.

In 2016, the district began a public outreach campaign that included all five area high schools. The Salute to Patriots Dinner recognizes the young men and women who are choosing to serve their nation and brings together their families and resources from the community, including Veterans Organizations and Blue Star Mothers.

In 2019, the program was expanded to include Military Signing Day which allows the young men and women choosing to serve to be recognized at their schools in front of their cohorts. The memorial district worked closely with the local school district to organize Salute to Patriots and the Military Signing events that honor the selfless service of the 1% that serves this great nation. The goal was to add to their extensive community center and public outreach in a way that incorporated young people and their families at the very beginning of their military service.

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For the district, the annual event now serves as an opportunity to network with the Memorial District’s constituents while raising awareness in the community of their function and the value provided to all community stakeholders.

The event promotes healthy dialogue across various segments of the community, is a catalyst to encourage responsible citizenship in the community and bridges the civilian-military divide in a healthy manner that promotes stronger bonds and a more engaged citizenry.

In 2021, fifty-one students from seven area high schools across two districts were recognized for their choice to serve in the military after graduation. Eimear O’Farrell, Clovis Unified School District Superintendent stated, “You have walked a unique path to graduation and along the way you have learned lessons of perseverance and courage. Life requires all of us to have these traits.

The past year has shown that you are California Special Districts • September-October 2021

ready to embrace your futures.”

This collaborative recognition between the district and local schools raises community awareness of the importance of military service to the nation. Clovis Veterans Memorial District has received praise for their leadership in the community as a source of information for parents and students who wish to make a military commitment after high school.

District CEO Lorenzo Rios stated, “Every year, we look forward to connecting our future service members and their families with current service members and support services that will assist them as they take on this new adventure.”

In 2020 and 2021, the Salute to Patriots banquet was modified due to pandemic restrictions. Clovis Veterans Memorial District was

determined to honor the commitment being made by the 2021 graduates. In place of an in-person banquet, the district created an impressive virtual celebration highlighting the branches of service each student chose.

The virtual celebration included presentations by U.S. Army Brigadier General David L. Hall, Army National Guard *CLOVIS VETERANS MEMORIAL Aviation; Marine Corps Captain DISTRICT IS THE RECIPIENT OF CSDA’S Justin D. Bush; Navy Lieutenant EXCEPTIONAL PUBLIC OUTREACH Jacqui Drew; Air Force Colonel & ADVOCACY AWARD FOR SMALL Christopher Austin; Coast Guard DISTRICTS. Chief Diana Murphy; Space Force 2nd Lieutenant Tamara Fumagalli.

Clovis Veterans Memorial District plans to return to their traditional in-person celebration in 2022. For more information about the district, including its Salute to Patriots and Signing Day celebration, visit their website at cvmdistrict.org.

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Volume 16 • Issue 5

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SOLUTIONS AND INNOVATIONS

PADRE DAM DIGALERT SAVES RESOURCES & HELPS PROVIDE TIMELY INFORMATION

By Kristin Withrow, CSDA Communications Specialist

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TECHNOLOGY AWARD WINNER AT 2021 CSDA ANNUAL CONFERENCE & EXHIBITOR SHOWCASE

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adre Dam Municipal Water District in Santee received the first-ever CSDA Excellence in Technology Award at the CSDA Annual Conference and Exhibitor Showcase in September. This new award category highlights the use of technological innovation utilized by special districts to achieve operational efficiencies in their industry.

Padre Dam’s innovative new DigAlert application improved their response time when customers request utility location mapping before undertaking any project requiring them to dig. Using Geographic Information Systems to map underground utilities, they’ve integrated the information into their database and added it to a DigAlert Response Web Map. When an email request is received, the system automatically opens and pinpoints the request on an interactive map.

The map is available on a mobile app and includes measuring tools, enables photos to be added to a request, and includes a variety of map layers to aid the on-site staff member in assessing the location. These built-in layers allow staff on site to locate water, wastewater and recycled water systems separately or in conjunction with one another, while the base layer of the

map allows them to see buildings and other structures and topography.

Prior to implementing their new system, the district would receive requests for clearing dig sites by email. Staff would print the requests and venture into the field to mark out utility areas. They would return to the office and transcribe their field notes into an email reply and catalog the notations as a manual print-out stored in a binder. The district maintained these filled binders for years to maintain their records. A single day of location marking requests could involve multiple trips from the site to the office as they were processed. With a service area spread over 73 square miles, the driving time could be significant!

Conversely, locations that are well out-ofrange of underground utilities can be cleared quickly and without a site visit from staff.

Staff can now use color-coded symbology to prioritize and coordinate information requests.

Once marked, the electronic response is submitted through the DigAlert system which also makes a record of the notation and clearance that is stored for three years.

The DigAlert Response System saves Padre Dam staff time and enables customers to receive faster responses, while helping to meet all DigAlert requirements.

California Special Districts • September-October 2021

WHAT'S SO SPECIAL

COARSEGOLD RESOURCE CONSERVATION DISTRICT UTILIZES FIREWISE PROGRAM TO MITIGATE WILDFIRE DANGER CSDA member district Coarsegold Resource Conservation District utilized Title III funding from Madera County and Yosemite/Sequoia Resource Conservation & Development Council to establish a Firewise® program in their area.

The available funding is for rural and foothill communities located within Eastern Madera County. The Madera Firewise® Program provides guidance and a framework for neighbors to work together to become wildfire ready.

The available funding is being utilized to empower communities to protect their homes by becoming nationally recognized as a Firewise USA® site through the National Fire Protection Association (NFPA) Firewise USA® process.

The program begins in stages: First, neighbors form a committee and must bring a minimum of 8 residences onboard. Next, they identify hazards in the community utilizing the NFPA Wildfire Risk Assessment tools. Once the risks are determined, the community develops an action plan to mitigate the hazards. Work crews are then put together through community resources and volunteerism to perform the work necessary for the action plan.

Communities taking part in the Madera Firewise® Program gain access to implementation resources to help them address the hazards outlined in their community action plans. This spring, through a partnership with United Way Fresno and Volume 16 • Issue 5

Madera County, AmeriCorps crew assistance was directed to communities in the program. The Americorps National Civilian Community Corps (NCCC) Blue 7 Team helped elderly community members create defensible space around their properties by clearing debris, and assisted homeowners with their individual risk assessments.

Becoming a Firewise® site also offers access to educational and training resources, provides application opportunities for home insurance discounts, fosters community partnerships, and helps make homes wildfire ready.

These benefits were discussed during the program’s virtual Zoom kickoff meeting held in March, which featured CAL FIRE Battalion Chief Shaun Fairbanks, Madera County Supervisor Tom Wheeler, a Resident Leader of a current Firewise® neighborhood in the North Fork area, and a presentation on the Listos (Ready!) California’s “5 steps to emergency preparedness”.

A Firewise® Community is a Wildfire Ready Community, so don’t delay! To get more information about how to create a Firewise® site in your area, visit firewise.org.

5 Steps to Emergency Preparedness from ListosCalifornia.org 1. Sign up for County alerts at CalAlerts.org 2. Prepare your People: Make a list of everyone you need to contact in an emergency in case you are separated; plan escape routes 3. Make a “Go” bag: Make a list of important items and ensure they are easy to find, such as prescriptions, phone chargers, pet necessities, portable devices and chargers 4. Make a “Stay” box: If you need to shelter in place, set aside nonperishable food and water and extra prescription medications 5. Help Friends and Neighbors around you who may need assistance

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LEGAL BRIEF

NATIONAL ORIGIN Employment Discrimination

By Brent Lehman, Olivarez Madruga Lemieux O’Neill, LLP

If the last 18 months have taught employment lawyers anything, it is that Americans have a long way to go before we see a downturn in claims for discrimination pursuant to Title VII of Civil Rights Act. Title VII broadly prohibits employment discrimination based on race, color, religion, sex and national origin.

This article seeks to explain one the parameters of Title VII that we see cropping up more as the country – and California in particular – continues to become a melting pot of cultures.

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Our special district clients are often aware of potential discrimination and tensions between what they perceive as “clear” differences in their employees; for example, instances where Hispanic, African American, Asian, or Caucasian employees allege their counterparts discriminated based on their race. However, we are finding instances where districts are completely unaware of potential issues where their employees’ potential discrimination is based on a difference that is not always immediately visible, such as national origin.

The Equal Employment Opportunity Commission defines national origin discrimination broadly as including, but not limited to, the denial of equal employment opportunity because of an individual’s, or his or her ancestor’s, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group. (29 C.F.R. § 1606.1) There are a myriad of areas where national origin discrimination can crop up. For example, where an entity employs persons from a wide range of backgrounds, discrimination allegations are as likely to arise from diversity of national origin as they are from race. This potential rise is exemplified by the growing number of complaints that have arisen related to discrimination based on a claimant’s Chinese heritage. Or, a hiring manager from Mexico may be accused of failing to promote employees hailing from El Salvador.

The law extends national origin protection beyond a person’s birthplace. The same hiring manager may also be engaging in discrimination by failing to hire or promote the child or grandchild of a Salvadorian, Honduran, etc., if it is determined that the national heritage of the individual is the reason for the discrimination. (See Dawavendewa v. Salt River Project Agricultural Improvement Power Dist. (9th Cir. 1998) 154 F.3d 1117, 1119.)

Districts can have even more difficulty identifying potential problems where an individual’s national origin is not tied to the California Special Districts • September-October 2021

somewhat arbitrary black lines drawn on a modern map.

Our firm recently handled a matter where the plaintiff and an individual defendant were both Nigerians. The plaintiff – an applicant to a nursing program – was a member of the Yoruba tribe while the individual defendant – the director of the nursing program – was a member of the Igbo tribe.

The plaintiff was denied entry to the program and had other negative interaction with the director. Our client was caught flat footed in responding to the initial claim because, to them, both women were Nigerian. Thus, the client denied that any national origin discrimination occurred because both women were Nigerian. The EEOC disagreed and costly litigation commenced in part because the client was unable to perceive the differences between the two women.

The plaintiff in that case had a valid claim that discrimination occurred based on her national origin because “a claim of national origin discrimination arises under Title VII when discriminatory practices are based on the place in which one’s ancestors lived. Thus, the current political status of the nation or “place” at issue makes no difference for Title VII purposes.” (Id.) The same argument is available to Native Americans based on their own tribal affiliations.

(Id.) Because the different Indian tribes were at one time considered nations, and still are to a certain extent, discrimination on the basis Volume 16 • Issue 5

of tribal affiliation can give rise to a national origin discrimination claim. (Id.) In rare occurrences, an employee may bring a claim based on national origin even if the claim does not demonstrate a relationship to any single particular county or region. An employee identifying as a Gypsy may qualify for Title VII protections by virtue of being a member of an ethnic group not originally from the United States with ties to nomadic tribal peoples. (See Janko v. Illinois State Toll Highway Authority (N.D. Ill. 1989) 704 F.Supp. 1531.) This exception only extends so far. An employee’s claim for discrimination based on her Judaism was not sufficient to state a cause of action under Title VII for discrimination based on national origin because “stating that one is Jewish gives no indication of that individual’s country of

origin. Nor does it indicate the country of origin of one’s ancestors or suggest the physical or cultural characteristics of a national origin group. Indeed, Jews, like Catholics and Protestants, hail from a variety of different countries.” (See Lapine v.

Edward Marshall Boehm, Inc. (N.D. Ill. 1990) WL43572 at 5 (though the court upheld the plaintiff’s Title VII claims related to discrimination based on her religion).)

Title VII also protects employees from discrimination for having an accent under the definition of national origin discrimination. While employers may set standards for clear communication with the public or clients (see Fragante v. City and County of Honolulu (9th Cir. 1989) 888 F.2d 591 (where the entity did not discriminate against a Filipino plaintiff by refusing to place the plaintiff in clerk

positions where the plaintiff’s accent had a deleterious effect on his ability to communicate orally)), an employer cannot refuse to hire or promote an employee simply because of an accent. (Bell v. Home Life Ins. Co. (1984) 596 F.Supp.

1549.)

However, Title VII does not protect against discrimination on the basis of language. One court has explicitly recognized a difference between classifying employees on the basis of the language the employees speak, such as Englishspeaking versus non-Englishspeaking individuals, and classification based on race or national origin; the court explained that language, by itself, does not identify members of a suspect class. (Brewster v. City of Poughkeepsie (S.D. N.Y. 2006) 447 F.Supp.2d 342.)

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MANAGERS CORNER

ePROCUREMENT INSIGHTS FROM PALMDALE WATER DISTRICT’S SCOTT ROGERS 5 WAYS MODERN PROCUREMENT TECHNOLOGY IS CHANGING THE GAME FOR SPECIAL DISTRICTS

By David Jones, OpenGov RFP Program Manager, in partnership with Scott Rogers, Palmdale Water District Engineering Manager

S

cott Rogers wears many hats. Despite having the official title of Engineering Manager for Palmdale Water District (PWD), Scott’s purview of responsibilities encompasses overseeing capital improvement projects like water pipeline replacements, facility upgrades, new wells, developer projects, exploring water supply alternatives, and, perhaps most remarkably, managing PWD’s procurement process.

With more than 2,000 special districts in California, the challenges Scott faces in managing the procurement process are not unique to PWD. Special districts are tasked with some of the most critical and demanding needs of the communities they serve and often do so with limited resources and funding. As is the case with PWD, many special districts do not have a department solely dedicated to procurement, so the regular responsibilities of a procurement office often falls on staff members, like Scott, whose primary function exists outside the realm of purchasing goods and services.

While revenue from the State Fiscal Recovery Fund is allowed to be transferred to special districts under the guidelines of the American Rescue Plan Act, the details of this funding plan are still being developed between the CSDA and the State Department of Finance, with clear 30

guidance expected to be released this fall. However, the projected $2.4 billion revenue deficit for California special districts by the end of 2021 still carries much uncertainty for special district leaders like Scott. Operating on limited budgets and tasked with important responsibilities, special districts hamstrung by inefficient and costly procurement processes face challenges that many other government entities do not. Perhaps, now more than ever, special districts are realizing the need for modern technology to more efficiently and practically manage the procurement process in a transparent, compliant, collaborative, and cost-effective manner.

Scott and PWD are ahead of the curve. They updated to OpenGov Procurement, a leading cloud procurement solution, in early 2020. When asked to describe the procurement process when he first joined PWD in 2019, Scott chuckles at the recollection, saying, “It was so paper-based I could not believe it.” Much of the day-today, behind-the-scenes work was done manually and on paper outside of the district’s legacy software. This resulted in Scott and his staff spending hours creating solicitations, scanning contractual documents, uploading them to the website as PDFs, and mailing out hard copies to prospective bidders. In addition, the cost to publish California Special Districts • September-October 2021

public notices in the local newspaper was roughly $10,000 per bid opportunity.

After two months overseeing PWD’s procurement operations and experiencing these challenges firsthand, Scott quickly sought a new solution to address these inefficiencies. The solution Scott selected was OpenGov Procurement, which he described as “night and day above the rest of its competitors.”

Scott and his team used the following five decision criteria, which demonstrate the ways modern technology is changing the game for procurement leaders in special districts: 1. Keeping it simple OpenGov Procurement provides guided templates, online training, and intuitive workflows that make the solicitation development and sourcing experience more enjoyable and less prone to errors. Simplicity was critical for Scott, his staff, and for the vendors participating in competitive bidding opportunities. If there are too many “hoops for vendors to jump through,” as Scott explains it, they will not bid on your project. Prior to adopting OpenGov Procurement, Scott received two to four bid responses for a pipeline replacement project. After implementing the new solution, Scott updated the bid for the project and received seven or eight responses.

2. Enabling collaboration through cloud solutions Another key consideration for Scott was a cloud solution. Having a centralized procurement system in the cloud unlocked unprecedented levels of collaboration for Scott and other PWD departments. Instead of trying to manage version control of Word documents and paper forms, staff members easily comment on solicitation drafts, tag, and notify other people across departments for input and feedback, and establish an easy-to-understand review and approval process before finalizing solicitations for publication. This process has encouraged Volume 16 • Issue 5

more input and accountability between staff members, ensuring that each published solicitation has appropriate buy-in from all stakeholders.

3. Streamlining bid development and publication The ability to quickly develop and issue bids and collect vendor responses is crucial to operating effectively with a limited staff and budget. With OpenGov Procurement, Scott and his team were able to cut down the time it took to issue solicitations from one week to just 15 minutes. This dramatic time savings allows staff to focus on more strategic initiatives and projects that serve the community.

Additionally, Scott and his team no longer have to allocate thousands of dollars to issue a single bid. That money can instead be reallocated for the purchase of goods and services critical to the needs of the community.

4. Establishing compliance every step of the way Scott explains that ensuring compliance with local ordinances and contracting laws was difficult to manage via traditional public purchase methods. Following changes to the prevailing wage law, utilizing contractors with up-to-date licenses, and confirming valid insurance policies from participating vendors became a heavy burden for PWD. In the solicitation development process, it became difficult for staff members to maintain and enforce the use of standardized contract documentation.

OpenGov Procurement alleviated these problems, offering a clear way to ensure compliance and establish appropriate controls over the purchasing and contract development lifecycle.

5. Partnering with a vendor who listens Reflecting on his customer experience, Scott shares that the key differentiator between OpenGov Procurement and other vendors is the team behind the software.

He cites one example of recommending a new feature and seeing it in the platform two months later. “That’s something I’ve been really happy about,” says Scott. “I think that’s exactly what customers, especially on the public side, really want.” By partnering with a vendor who not only listens to feedback but uses it to actively improve the platform, customers receive a solution that continually delivers feature enhancements focused on improving the user experience.

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MANAGING RISK

Under the Political Reform Act, public officials may not make, participate in making, or attempt to use their official positions to influence a governmental decision in which they know or have reason to know that they have a disqualifying financial interest. A public official generally has a disqualifying financial interest if the decision will have a reasonably foreseeable material financial effect on the official, the official’s immediate family, or on certain financial interests. However, under the “public generally” exception, an official with a financial interest may still participate in a governmental decision if the financial effect on the official’s interest is indistinguishable from the decision’s effect on the public generally. The Fair Political Practices Commission (FPPC) recently amended Regulation 18703, which sets

forth the rules for applying the “public generally” exception.

Revised Regulation 18703 amends both the general rule for the “public generally” exception and the specific rules for special circumstances. The general rule for the “public generally” exception requires the official to demonstrate that: (1) the governmental decision affects a “significant segment” of the public in the official’s jurisdiction; and (2) the governmental decision’s effect on the official’s financial interest is not unique compared to the effect on the significant segment. The FPPC recently revised the general rule to create a lower “significant segment” threshold of 15 percent - instead of 25 percent - for residential real property within the official’s jurisdiction if the only interest impacted is the official’s primary residence. All other aspects of the general rule remain the same.

Revised Regulation 18703 also amends requirements for the application of the “public generally” exception in some special circumstances, as follows: • Public Services and Utilities: A public official may no longer participate in a decision to impose an assessment, tax, fee, or utility rate, or determine the boundaries of a property or groups of persons subject to an assessment, tax, fee, or utility rate if it is reasonably foreseeable that the decision would have a material impact on the official’s financial interests. However, revised Regulation 18703 clarifies that an official may participate in setting or adjusting the amount of the assessment, tax, fee, or utility rate, so long as such charges are applied equally, proportionally, or by the same percentage to the official’s interest and all others subject to the charges.

• Limited Neighborhood Effects: Under this exception, a public official may participate in decisions on specific types of ordinances if the decision affects residential properties in a specific location. The revised Regulation clarifies that in order to

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California Special Districts • September-October 2021

Navigating and Understanding Conflicts of Interest in the Public Sector

By Debbie Yokota, AIC, ARM, Chief Risk Officer, Special District Risk Management Authority

California has a complex set of ethics laws to guide local officials and public employees. In 1974, California voters approved Proposition 9, a statewide initiative titled “the Political Reform Act” (the “Act” or the “PRA”). The Act passed by an overwhelming majority, and one of its provisions created a new state agency called the Fair Political Practices Commission (“FPPC”). The FPPC was charged with interpreting and enforcing the Act. Since the Act went into effect in 1975, the FPPC has issued new regulations and amendments to existing regulations almost every year.

fall into this exception, the decision must affect over 50 parcels or five percent of the residential real properties in the official’s jurisdiction.

• Rental Properties: Finally, revised Regulation 18703 clarifies that the exception for interests in rental properties applies (in certain circumstances) for public officials who are tenants and landlords. Officials now may participate in broad rent control decisions and tenant protection measures if: (1) the decision applies to all residential rentals within the official’s jurisdiction except those exempted by the Costa-Hawkins Rental Housing Act; (2) the official owns three or fewer residential rental units; and (3) the only interests affected by the decision are the official’s interests in the residential property as a landlord or the official’s interests in a primary residence (as either a lessee or as the owner of the property).

Under the old regulations, a public official was advised to follow an eight-part test to analyze a potential conflict of interest. The newly revised regulations establish a new four-part test, as stated in Regulation 18700(d). The new FPPC four-part test assumes that an official already has determined whether he or she is a public official within the meaning of the Act. The new test also assumes that the official has identified the financial interests that may be affected by a particular governmental decision. Since these two steps are necessary for a complete analysis, we recommend that public officials follow the seven steps described below, which incorporate these two initial steps as well as the FPPC’s new four-part test.

STEP ONE: IS A PUBLIC OFFICIAL INVOLVED? Determine whether the individual is a public official within the meaning of the Act. The Act applies only to “public officials.”

Regulation 18700(b). A “public official” is defined to include a “member, officer, employee, or consultant” of a state or local government agency. § 82048; Regulation 18700(c). The regulations define “member” and “consultant” as follows: • A “member” does not include an individual who performs duties as part of a committee, board, commission, group, or other body that does not have decision-making authority. A board or commission possesses decision-making authority if: (i) it may make a final governmental decision, (ii) it may compel or prevent a governmental decision by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden, or (iii) it makes substantive recommendations, which, over an extended period of time, have been regularly approved without significant amendment or modification by another official or agency. Regulation 18700(c) (2).

• A “consultant” includes an individual who, pursuant to a contract with a state or local government agency, makes specific kinds of governmental decisions or serves in a staff capacity with the agency and either participates in governmental decisions or performs the same or substantially all of the same duties that would otherwise be performed by a person in a position listed n the agency’s conflict of interest code. Regulation 18700.3.

STEP TWO: WHAT ARE THE PUBLIC OFFICIAL’S FINANCIAL INTERESTS? Identify the public official’s financial interests. A public official’s financial interests include certain business entities, real continued on page 34

SDRMA Board and Staff Officers

Staff

MIKE SCHEAFER, PRESIDENT Costa Mesa Sanitary District

LAURA S. GILL, ICMA-CM, ARM, ARM-P, CSDM, Chief Executive Officer C. PAUL FRYDENDAL, CPA, Chief Operating Officer ELLEN DOUGHTY, ARM, Chief Member Services Officer DEBBIE YOKOTA, AIC, ARM, Chief Risk Officer WENDY TUCKER, Member Services Manager ALANA LITTLE, Health Benefits Manager JENNIFER CHILTON, CPA, ARM, Finance Manager HENRI CASTRO, CSP, Safety/Loss Prevention Manager DANNY PENA, Senior Claims Examiner HEIDI SINGER, Claims Examiner II 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 TIM UNRUH, CSDM, Kern County Mosquito & Vector Control District JESSE CLAYPOOL, Honey Lake Valley Resource Conservation District

Consultants JAMES MARTA, CPA, James Marta & Company, LLP LAUREN BRANT, Public Financial Management DEREK BURKHALTER, Bickmore Actuarial CHARICE HUNTLEY, River City Bank

MICHELLE LAVELLE-BROWN, Health Benefits Specialist II TERESA GUILLEN, Member Services Specialist I MARGARITO CRUZ, Accountant CANDICE RICHARDSON, Member Services Specialist I

FRANK ONO, ifish Group, Inc. ANN SIPRELLE, Best Best & Krieger, LLP KARL SNEARER, Apex Insurance Agency DOUG WOZNIAK, Alliant Insurance Services, Inc.

Volume 16 • Issue 5

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

33

MANAGING RISK

property, sources of income, and donors of gifts (as well as intermediaries and agents of such donors). Regulation 18700(c)(6).

More specifically, a public official has a financial interest in any of the following: • A business entity in which the official has a direct or indirect investment worth at least $2,000.10 • Any real property in which the public official has a direct or indirect interest worth at least $2,000.15 Real property interests include all leases except month-to-month leases and leases with terms shorter than a month. Regulation 18233.

• Any “source of income” of at least $500 that is provided or promised to the public official, or received by the public official within 12 months prior to a governmental decision, not including gifts and loans by banks available to the general public. Regulation 18700(c)(6)(C).

• Any business entity in which the public official is a director, officer, partner, trustee, or employee, or holds any position of management.

• Any donor of gifts, or any intermediary or agent for a donor of gifts, amounting to at least $520 where that amount is provided to, received by, or promised to the official in the 12 months prior to a governmental decision. Regulation

18700(c)(6)(E).

• The personal finances of the public official and immediate family. This is a sort of “catch-all” provision that is meant to address economic interests of a public official and his or her immediate family that do not qualify as investments, property, or business entities, but are nonetheless potentially affected by government decisions.

STEP THREE: IS IT REASONABLY FORESEEABLE THAT THE GOVERNMENTAL DECISION WILL HAVE A FINANCIAL EFFECT ON ANY OF THE OFFICIAL’S FINANCIAL INTERESTS? Determine whether the governmental decision will have a reasonably foreseeable financial effect on any of the public official’s financial interests. Regulation 18701 draws a distinction between a financial interest that is “explicitly involved” in a decision, on the one hand, and a financial interest that is not “explicitly involved” in a decision, on the other hand.

Financial interests are considered to be explicitly involved in a decision if the interest is a “named party in, or the subject of, a governmental decision before the official or the official’s agency.” Regulation 18701(a). A financial interest is the “subject” of a proceeding “if the decision involves the issuance,

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California Special Districts • September-October 2021

renewal, approval, denial or revocation of any license, permit, or other entitlement to, or contract with the financial interest, and includes any governmental decision affecting a real property financial interest as described in Regulation 18702.2(a)(1) – (6).” Regulation 18701(a). In those cases, the financial effect is presumed to be reasonably foreseeable.

Even if a financial interest is not explicitly involved in a decision, the effect may still be considered reasonably foreseeable. Regulation 18701 states that a financial effect need not be “likely” to be considered “reasonably foreseeable” for purposes of the FPPC’s regulations. If the financial effect can be “recognized as a realistic possibility” and if the effect is “more than hypothetical or theoretical,” it will be considered reasonably foreseeable. Regulation 18701(b). The financial effect will not be considered reasonably foreseeable if the “the financial result cannot be expected absent extraordinary circumstances” that are not subject to the official’s control.

STEP FOUR: WILL THE REASONABLY FORESEEABLE EFFECT BE MATERIAL? Determine whether the reasonably foreseeable financial effect will be material. If the effect is “nominal, inconsequential, or insignificant,” the financial effect will not be considered material. Regulation 18702(b). Business Entities Regulation

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18702.1 provides that the reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is material whenever the business entity is a named party in, or the subject of, the decision, including any decision in which the entity: • Initiates the proceeding by filing an application, claim, appeal, or other request for action concerning the entity with the official’s agency; • Offers to sell a product or service to the official’s agency; • Bids on or enters into a contract with the official’s agency, or is identified as a subcontractor on a bid or contract with the agency; • Is the named or intended manufacturer or vendor of any products to be purchased by the official’s agency with an aggregate cost of $1,000 or more in any 12-month period; • Applies for a permit, license, grant, tax credit, exception, variance, or other entitlement from the official’s agency; Is the subject of any inspection, action, or proceeding under the regulatory authority of the official’s agency; or; • Is otherwise subject to an action taken by the official’s agency that is directed at the entity. continued on page 36

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MANAGING RISK

The reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is also material if any of the following criteria are met: • The decision may result in an increase or decrease of the entity’s annual gross revenues, or the value of the entity’s assets or liabilities, in an amount equal to or more than: $1,000,000; or five percent of the entity’s annual gross revenues and the increase or decrease is at least $10,000.

• The decision may cause the entity to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than: $250,000; or one percent of the entity’s annual gross revenues and the change in expenses is at least $2,500.

• The official knows, or has reason to know, that the entity has an interest in real property and: the property is a named party in, or the subject of, the decision under Regulations 18701(a) and 18702.2(a)(1) - (6); or there is clear and convincing evidence the decision would have a substantial effect on the property. There is also a “small shareholder” exception that allows officials to participate in decisions explicitly involving a business entity where the official’s only interest in that business entity is an investment interest worth no more than $25,000. Regulation 18702.1(b). To qualify for this exception, the interest also must be less than one percent of the business entity’s shares. However, meeting these thresholds does not automatically allow the official to participate in the decision. The official still must analyze the decision’s potential effect on the business entity’s annual gross revenues, assets and liabilities, expenses, and real property interests. Under this rule, even where an

36

official has only a small investment in a business entity, the impact of a decision might be so significant that the official still has a conflict of interest.

STEP FIVE: DOES THE “PUBLIC GENERALLY” EXCEPTION APPLY? Determine if the official can demonstrate that the material financial effect on the official’s interest is indistinguishable from the decision’s effect on the public generally. Once it is determined that it is reasonably foreseeable that a decision will have a material financial effect on an official’s financial interest, it is necessary to evaluate whether an exception to the disqualification requirement is applicable. One exception, known as the “public generally” exception, provides that even if a governmental decision will have a reasonably foreseeable material financial effect on the official’s financial interest, disqualification will not be required if the effect on the public official’s financial interest is indistinguishable from the decision’s effect on the financial interests of the public generally. Regulation 18703. In order to use this exception, the official must be able to demonstrate two core elements. First, the governmental decision must affect a “significant segment” of the public in the jurisdiction of the public agency. Second, the governmental decision’s effect on the official’s financial interest must not be unique as compared to the effect on the significant segment. Regulation 18703.

STEP SIX: MAY THE OFFICIAL MAKE OR PARTICIPATE IN MAKING A DECISION? Determine whether the public official will be making, participating in the making, or using or attempting to use his/ her official position to influence a governmental decision. The Act applies when a public official is “making, participating in making, or using or attempting to use his/her official position to influence a governmental decision.” Regulation 18704. If the official will be called upon to make, participate in making, or use his or her official position to influence a governmental decision in which the official has a financial interest, the official will have a prohibited conflict of interest. The FPPC regulations define each of these actions for purposes of applying the Act: • A public official “makes” a governmental decision when the official authorizes or directs any action, votes, appoints a person, obligates or commits his or her agency to any course of action, or enters into any contractual agreement on behalf of his or her agency. Regulation 18704(a).19

California Special Districts • September-October 2021

• A public official “participates in” a governmental decision when the official provides information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. Regulation 18704(b).

• A public official “uses his or her official position to influence” a decision if the official: (i) contacts or appears before any official in his or her agency or in an agency subject to the authority or budgetary control of his or her agency for the purpose of affecting a decision; or (ii) contacts or appears before any official in any other government agency for the purpose of affecting a decision, and the public official acts or purports to act within his or her authority or on behalf of his or her agency in making the contact. Regulation 18704(c).

empowered to void the decision. § 91003.

Misdemeanor criminal penalties are provided in situations where a knowing or willful violation of the act occurs, and generally, persons convicted of violating the Act may not be a candidate for elective office or act as a lobbyist for four years after the conviction. §§ 91000, 91002.

The statute of limitations for civil and criminal enforcement actions is four years from the date of the violation. §§ 91000(c), 91011(b). The statute of limitations for administrative actions brought by the FPPC is five years from the date of the violation. § 91000.5.

It is important to note that only a formal advice letter from the FPPC staff can immunize a public official from potential enforcement by the FPPC or the district attorney in the event the public official participates in a decision and someone subsequently alleges the public official had a prohibited conflict of interest. A formal advice letter usually takes the FPPC staff at least a month to prepare, is only provided if the request relates to prospective acts (as distinguished from past acts), and if it contains sufficient facts upon which the FPPC is able to render a decision. Informal written advice (without immunity from potential enforcement action) may also be requested from the FPPC staff as well as informal telephonic advice through their technical assistance division at 1 866 ASK FPPC (1 866 275 3772). Based on the time frames required to obtain formal or informal written advice from the FPPC, it is important for public officials to consult their city attorney or local agency counsel as early as possible so as to provide adequate time to gather all relevant facts, draft a letter to the FPPC, and respond to the advice once given.

STEP SEVEN: IS THE PUBLIC OFFICIAL’S PARTICIPATION LEGALLY REQUIRED? Determine if the public official’s participation is legally required despite a conflict of interest. A public official also is permitted to participate in making a governmental decision, despite having a conflict of interest in the decision, if no alternative source of decision exists that would be consistent with the purposes and terms of the statute authorizing the decision. Regulation 18700(e), 18705(a).

This exception is applied when a quorum of a legislative body cannot be convened due to the disqualifying conflicts of interests of its members. In that situation, as many members as are needed to create the minimum number for the quorum may be selected at random to participate. In these situations, stringent disclosure requirements apply, not only regarding the basis of the selected member’s conflict of interest, but also the reason why there is no alternative source of decision-making authority. Regulation 18705(b).

Penalties for Violation Administrative, Civil, and Criminal Penalties Exist for Violations of the Address Rising pension costs with the Conflict of Interest Provisions of the Act PARS Pension Rate Stabilization Program (PRSP) The FPPC may levy administrative • Market leader/pioneer for pension prefunding penalties after a hearing and may impose a • IRS-approval through Private Letter Ruling for Section 115 trust ensuring tax exempt status fine of up to $5,000 per violation, a cease and • Investment flexibility and local control over desist order, and an order to file reports. § risk tolerance options with 5 investment 83116. The FPPC recently adopted regulations strategies • Customized investment approaches available providing for streamlined administrative • Dedicated Portfolio Manager for Investment enforcement procedures and specific penalties selection personal service for various types of violations. Regulations • Economies of scale through combination 18360, 18360.1, 18360.2. trust structure allowing OPEB prefunding too; fees are a percentage of assets that can Civil penalties include injunctive relief that decrease as assets grow may be sought by the district attorney or any Contact PARS today for more information. person residing in the jurisdiction. § 91003. In the event a court finds that the actions would (800) 540-6369 x 127 not have been taken but for the action of the info@pars.org; www.pars.org official with the conflict of interest, the court is

Volume 16 • Issue 5

37

MONEY MATTERS

Does a Compressed Workweek Work?

EMBRACING FLEXIBLE SCHEDULES CAN PAY OFF IN EMPLOYEE PRODUCTIVITY, JOB SATISFACTION, AND RETENTION.

By Heath Hutchison, OnePoint Human Capital Management

Compressed Workweek Options that Maintain Operations

F

or those non-exempt employees, or those whose maximum work hours during a week or pay period are clearly delineated, there are several compressed work schedule models—from 8/80 or 9/80 to 3/12 [the latter two tailored for the healthcare industry]. A compressed work schedule means squeezing a full-time job’s weekly work hours into fewer than five days a week, such as an employee working four 10-hour days instead of five 8-hour days.

Work flexibility has become a desirable benefit or perk for employees most notably during the pandemic. As employers start to sunset 100% remote work, compressed workweeks might be a useful strategy to have people in the office, but provide a compromise to meet new employee expectations. As Lauren Mason, a principal at Mercer, comments on flexible scheduling: “While all jobs may not be able to flex on where they work (e.g., remote working), all jobs can flex in some way—such as when they work, what they do, how the work is done or who does the work,” she says.

38

4/10 WEEKLY SCHEDULE: A 4/10 compressed weekly work schedule is when an employee works four longer days or shifts in order to get the fifth day off each week. While they remain full-time, employees still clocking in at the standard 35 or 40 hours per week in a 4/10 schedule are reallocating the hours across four days instead of five every week.

9/80 BI-WEEKLY SCHEDULE: In this scenario spread over a two-week pay period, employees work 80 hours over the course of nine days, where the employee works 9 hours a day for four days of the first week and then 8 hours on the fifth day. For the second week, employees work 9 hours a day for four days again and then receive a day off for that fifth day. This flexible schedule works out to 80 hours of paid work spread over two weeks, but results in two full days off over a 4-week span. Most commonly, the days off are arranged to be on Fridays or Mondays so that employees can benefit from three-day weekends. Remember that in this scenario, despite working over 40 hours during the first week of the cycle, employees are NOT entitled to overtime pay.

8/80 BI-WEEKLY SCHEDULE: An alternative compressed work schedule option for hospital or residential care facility workers is the “8/80 rule”. The 8/80 rule states that if an agreement is established, either verbally or in writing, overtime pay can be earned when work hours exceed 8 during an individual workday over a 40-hour workweek or exceed 80 hours over any recurring twoweek period. As outlined, this needs to

be agreed to expressly by both employer and employee. Either way, the employee cannot double-dip, meaning one employee cannot switch between both rules.

3/12 SHIFT SCHEDULE: Along the lines of the 8/80 rule and for those operating hospitals or healthcare system networks, there are creative ways to set up compressed work schedules for doctor or nursing shifts. One such method is the 3/12 format, where working three 12-hour shifts in one week results in receiving four days off. This allows medical professionals to not get overworked or physically and mentally drained, and offers a better work-life balance with more sustained personal time with family. It’s important to reinforce for employees who opt for this type of shift schedule though that there is a high probability of working multiple night shifts, which can cause sleep deprivation and over-exhaustion, or can even contribute to depression referred to as “night shift blues”.

Implementing compressed work schedules sounds great, but it may present challenges if time is not tracked properly. Due to the increased number of daily work hours, employers can run into wage and hour issues and unexpected overtime if timesheets aren’t tracked accurately. Before adjusting the schedules of your nonexempt employees, be sure to check your state wage and hour laws. Some states have specific mandates surrounding alternative workweeks or restrict the allowance based on the industry. Managers and administrators need tools to show they are following the Fair Labor Standards Act, or FLSA, and meeting employee break and overtime rules.

California Special Districts • September-October 2021

Compressed workweeks also introduce personnel challenges and administrative complexities that can fall on the HR and payroll team. Think about these scenarios and how existing HR technology can support it while asking yourself the following questions: 1. Do I have an easy way to track my nonexempt employees on a regular schedule AND those on a compressed schedule, or will I have to be running duplicate processes to manage this?

2. Do I have an easy way to schedule my employees to make sure that customer service isn’t impacted due to certain employees having a compressed workweek?

3. Will I be able to track and manage two sets of timesheets, pay rules, meal and rest breaks, accrual calculations, and so on?

When implementing any new

workforce management strategy, it is important to understand the business impacts. Compressed work schedules add inherent complexity into a timekeeping process. For example, the 4/10 alternative workweek must be voted in by employees, then obligates employers to guarantee the 10 hours a day and must be filed with the labor commissioner.

Also consider how to manage multiple employee groups with different time calculations and the effort required to remain compliant.

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CSDAFC Board and Staff Officers JO MACKENZIE, PRESIDENT, Vista Irrigation District VINCE FERRANTE, VICE PRESIDENT, Moss Landing Harbor District ARLENE SCHAFER, SECRETARY, Costa Mesa Sanitary District GLENN LAZOF, TREASURER, Regional Government Services Authority

Members of the Board GEORGE EMERSON, Goleta Sanitary District PAUL HUGHES, CSDM, South Tahoe Public Utilities District MATTHEW MCCUE, Coachella Valley Cemetery District

Consultants RICK BRANDIS, Brandis Tallman, a Division of Oppenheimer & Co. Inc. WILLIAM MORTON, Municipal Finance Corporation ALBERT REYES, Kutak Rock LLP NICOLE TALLMAN, Brandis Tallman, a Division of Oppenheimer & Co. Inc.

Staff NEIL MCCORMICK, Chief Executive Officer CATHRINE LEMAIRE, Coordinator 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

Beaumont-Cherry Valley RPD Mitigates Wildfire Damage with Help from CSDAFC

The devastating fire season of 2020 had an impact on many special districts in California. Beaumont-Cherry Valley Recreation and Park District in Riverside County was no exception. The Apple Fire and El Dorado Fire in nearby San Bernardino County raged in and around their park in Cherry Valley, leaving burn scars that put both the park and the community downstream at risk of damage from potential debris flows.

Repairs to mitigate this risk were crucial, but the unexpected cost was not readily available in the district’s budget. General Manager Duane Burk contacted the CSDA Finance Corporation (CSDAFC) for funds to make the necessary repairs and minimize risk of damage from future runoff. The CSDAFC consultants from Municipal Finance Corporation arranged a 5-year loan at 2.95% without any points or fees. Now the district is well prepared for future rainstorms and able to complete several other projects as well.

General Manager Burk was grateful for the CSDAFC efforts on behalf of the district. “Words do not describe how thankful we are to work with people who care. Your entire team was extremely helpful during the funding process.”

The CSDA Finance Corporation is here to help. Our expert consultants can find financing solutions for a wide variety of district needs. Please visit www.csdafinance. net for more information or to request no cost, no obligation rate quote.

CSDA F C

Volume 16 • Issue 5

39

TAKE ACTION

GOVERNOR SIGNS CSDA SPONSORED BILL ON REMOTE PUBLIC MEETINGS Legislation Allows State, Special Districts, and Other Public Agencies to Meet Remotely During the Ongoing COVID-19 Pandemic, Wildfires, and Future Emergencies

O

n September 16, Governor Gavin Newsom signed CSDA’s sponsored legislation, Assembly Bill 361 (Rivas), which amends the Brown Act to allow special districts and other public agencies to continue meeting remotely during a declared state of emergency as they were able to do under Governor Gavin Newsom’s COVID-19 pandemic Executive Orders.

An urgency clause within AB 361, combined with a September 20 Executive Order (N-15-21), provides for a seamless transition whereby the remote meeting Executive Orders will expire September 30 and the new law will take effect October 1. Special districts looking to meet remotely during the ongoing state of emergency related to the COVID-19 pandemic (as proclaimed March 4, 2020) should take steps immediately in consultation with legal counsel to ensure compliance with the provisions of AB 361.

Additionally, as a benefit to its members, CSDA has drafted an Implementation Guide explaining the provisions of AB 361 to assist its members. This guide and the sample resolutions contained therein have been written with input from the stakeholders directly involved in crafting this legislation.

CSDA would like to extend its gratitude to those members who submitted letters of support throughout the legislative process to assist AB 361 in its passage through the Legislature.

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“While we hope devastating emergencies will never happen in our communities, AB 361 will provide local public agencies, including special districts, the authority to meet remotely to ensure the continued delivery of critical services when inevitable emergencies occur, such as floods, fires, earthquakes and even our current health emergency,” said CSDA CEO Neil McCormick. “I commend Assembly Member Robert Rivas, the Governor, and the Legislature for their efforts on this issue to protect California communities and the services they depend on.”

AB 361 will sunset by its own provisions on January 1, 2024.

Without subsequent action by CSDA and other stakeholders, this authority to conduct remote meetings under modified open meeting procedures during emergencies will terminate on that date.

California Special Districts • September-October 2021

REDISTRICTING BILL HELPS SPECIAL DISTRICTS WITH NOVEMBER 1 MAP DEADLINE

Senate Bill 594, authored by Senator Steve Glazer was signed into law September 27 by Governor Gavin Newsom. This measure addresses several outstanding issues regarding elections and redistricting for 2022.

Recent amendments will, among other things, consolidate the 2022 deadline for special districts to adopt maps adjusting electoral division boundaries using the recently released census data.

As enacted, SB 594 requires all special districts with by-division elections to pass a board resolution adopting their updated electoral division maps by April 17, 2022 if their regular election is on the same day as the statewide November 2022 general election. If a special district’s regular election is on another day, the deadline will be 180 days prior to that election.

SB 594 is intended to address the unique circumstances of the pandemicdelayed 2020 United States Census.

Accordingly, the bill includes a January 1, 2023 sunset date and would not apply to elections and map-making deadlines beyond 2022.

On August 12, the United States Census Bureau released the longawaited 2020 census data. With this data, independent special districts with elections-by-division can begin redrawing election division lines in preparation for the next election.

Under current law, certain special districts with “by-district” elections, as opposed to those with “at-large” elections, face a November 1, 2021 deadline to adopt their re-districted maps despite the months-long delay in receiving necessary U.S. Census data.

For example, fire protection, recreation and park, and community services districts all face this deadline. Most other special districts currently have a

map adoption date of not later than 180 days prior to their next general election.

Earlier in the year, CSDA supported amendments to SB 594 to address the truncated timeline for those districts with a November 1, 2021 map adoption date in light of the pandemic-delayed census, but the legislation’s progress stalled this summer in the State Assembly.

As amended August 16, SB 594 pushes the November 1, 2021 deadline back five and a half months to April 17, 2022. However, in response to the concerns of county elections officials, the new deadline applies to all special districts with a regular election that coincides with the November 8, 2022 statewide general election.

Special districts looking to conduct by-division elections in 2022 should consult their legal counsel to assess the effect of SB 594 in anticipation of its potential enactment.

Elections officials requested the consolidated April 17, 2022 map adoption deadline to afford sufficient time to manage the growing number of by-district election contests. Recent

legislation adjusted the dates for counties and general law cities to adopt their re-districting maps 205 days prior to a November general election and 174 days prior for a June election. CSDA advocated against any amendments that would reduce the time available for special districts to conduct a thorough map-making process, while supporting amendments to provide sufficient time for those special districts with the infeasible November 1, 2021 deadline.

SB 594 is an urgency measure and took effect immediately upon signature by the Governor.

TAKE ACTION SEASONS OF ADVOCACY: FALL • Host your local lawmakers and their staff for tours of your district facilities.

• Attend your local lawmakers’ community events and invite them to yours.

Special Districts Have Special Needs For the past 26 years, I have developed a niche market, providing advisory services and customizing investment management strategies for over 36 special districts in California.

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Sandra Hedstrom Wheeler Vice President/Investments

(805) 903-1065 (877) 816-1231 Toll-free sandra.wheeler@stifel.com www.sandrahedstromwheeler.com 999 Monterey Street, Suite 360 San Luis Obispo, California 93401 Stifel, Nicolaus & Company, Incorporated Member SIPC & NYSE | www.stifel.com

Volume 16 • Issue 5

41

DISTRICTS MAKE THE DIFFERENCE

HOW THREE SPECIAL DISTRICTS MADE THE DIFFERENCE FOR THE HOMELESS IN THEIR COMMUNITY

By Kristin Withrow, Communications Specialist

I

t has been said special districts are the most local form of government.

Created by the community, for the community, they perform essential functions and provide essential services defined by their charter as established in their formation.

What do a southern California water conservation district, a California coastal park district and a northern California park district have to do with helping the issue of homelessness?

They’ve each concluded the homeless crisis is everybody’s business, and therefore everybody can help in the solution.

They’ve each done their due diligence to assess the resources they could utilize in a fiscally responsible manner, and they’ve each been realistic with the capabilities of their district to pivot to such a complex issue when their mission doesn’t specifically include homelessness. They’ve assessed the liability involved, consulted their legal counsel, and determined a path that makes strides to help the homeless rather than simply moving them along to become someone else’s problem. One intrinsic tenet of special districts is the core mission to work with their community, for their community.

Each of these special districts are making a difference for the homeless residents in their community. They’ve found a shift of focus away from seeing the homeless as a nuisance to instead recognizing their humanity; to bring resources to them with the goal of helping people experiencing homelessness become productive community members again.

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THREE SPECIAL DISTRICTS: THREE STRATEGIES TO HELP

San Bernardino Valley Water Conservation District (SBVWCD) In southern California’s San Bernardino Valley, the water conservation district found themselves encountering homeless individuals on the 7000 acres they manage.

Charged with protecting the land and all its creatures, including endangered species, the district’s main function is “helping nature store our water,” explained the General Manager Daniel Cozad.

He describes himself as a “reluctant homelessness management person.”

From the district’s focal point of conservation, it was apparent that long term encampments result in habitat destruction. “Our ‘good neighbor policy’ was in conflict with our initial homelessness policy (of moving people along),” stated Cozad.

San Bernardino Valley Water Conservation District (SBVWCD) maintains land for groundwater recharge that included a structure for employees. The district partnered with an organization called Steps 4 Life Community Services to allow them to offer transitional housing services out of the existing structure.

“Living outdoors is not the same as living indoors. People have to learn how to live inside again,” explained Cozad. Steps 4 Life’s website states their “mission is to empower individuals and families to receive the necessary training, education and life-skills that will allow them to re-enter society as positive individuals in our communities.”

Since 2019, 79% of the people they’ve helped have been able to move back into the community in their own housing and maintain jobs to sustain themselves.

Eight required higher care and were placed in appropriate programs for their needs. One formerly homeless individual has become an intern of the district and has been working with the field staff’s mentorship.

Isla Vista Recreation & Park District Further north in Santa Barbara County, the Isla Vista Recreation and Park District (IVPD) was also experiencing significant community issues from homeless encampments in their 57 acres of parks and open spaces. The small community near the UC Santa Barbara campus was home to approximately 100 homeless people living in makeshift encampments. Some community members were frustrated and afraid to use the parks, while others felt strongly that the encampments should remain intact.

The district formed partnerships with service providers such as the County of Santa Barbara-Housing and Community Development Division, IV Foot Patrol, District Attorney, 3rd District County Supervisor Joan Hartmann’s Office and other stakeholders to create the Covid-19 Encampment Management Policy (CEMP). The program provided guidance to temporarily accommodate California Special Districts • September-October 2021

the homeless people. Safety guidelines were developed, with a plan for sanitation facilities to provide bathrooms, trash collection and temporary emergency shelters in specific locations organized into 12 x 12 foot grids. Each grid was outlined to provide a sense of space for the occupant and encourage everyone to maintain access for emergency personnel and to efficiently group services together.

The program goal, to efficiently, safely and humanely provide a space to live, with access to resources, was made possible through the community partnerships and tireless work by the park district’s 10 full time staff members and three part time employees.

“Every human has a right to water, shelter and food,” stated IVPD General Manager Kimberly Kiefer, adding the statistics show, “it can take 7-14 contacts with a homeless person before they trust enough to use the resources you provide.”

The partnership with the Santa Barbara County evolved to include the Public Defenders’ Office providing outreach for 3 months prior to closure, it was a key factor: no person was arrested for being homeless or sleeping in the parks, nor will they be subject to ticketing to ensure the parks are offering access that is compliant with law and impose no further criminalization towards those experiencing “houselessness.” When speaking with Kiefer, she notes that the district uses this term to more accurately describe the person’s housing status. In the vernacular of those providing this assistance, these people are residents in the community, they make this county their home, and are thereby not technically “homeless” but are more literally “houseless” residents.

One important ingredient to the CEMP program was an exit strategy. To be fiscally responsible, the district knew this program could not be sustained indefinitely. Beginning in June, the makeshift community was phased out one grid at a time, with heavy resourcing and work with professional service providers. The formerly houseless occupants were given rehabilitative resources and, through the key partnership of Good Samaritan Shelter, given a chance to re-connect with their humanity. As a result of the program, the district has received numerous reports of program participants who have become productive members of the community. Some were also identified with higher needs during the program and referred to appropriate resources for help through the county and Good Samaritan Shelter.

Volume 16 • Issue 5

Fulton-El Camino Recreation & Park District In the suburbs near the California Capitol, Fulton-El Camino Recreation and Park District General Manager Emily Ballus has 10 years of prior experience serving on a board that deals directly with homelessness. When the park district began seeing homeless residents taking shelter in their 7 parks and 2 undeveloped acres of land, they reacted with a sense of compassion coupled by their duty to operate the parks effectively.

Ballus noted, “we have a large population of low income residents and over 5,500 homeless people.” The community has also grown to accommodate an Afghan population that is expected to grow with the recent influx of refugees. To compound the homelessness dilemma, they only have 200 shelter beds in the area and the cost of housing has soared with the pandemic.

The district has been developing a plan for the joint development of a community center and a series of small homes to use as interim housing.

As with the other special districts who’ve tackled the crisis, this district has forged significant partnerships with community resources – including the library, an energy agency, adult protective services, a local non-profit and a refugee rescue group dedicated to the Afghan community.

The Crisis of Homelessness is not Isolated to California: But Californians can Help While it seems to be on the forefront and many people believe housing insecurity has dramatically increased, homelessness is an issue that has actually decreased since the US Department of Housing and Urban Development began tracking it in 2007. In their 2020 Annual Homeless Assessment Report to Congress, data show the 647,258 homeless in 2007 have decreased to 580,466 in 2020; however, the data collected was pre-pandemic. There are distinctions between sheltered and unsheltered homeless and chronic or temporary homelessness. The phenomenon of unsheltered homelessness is highest along the west coast. In California, 70% of the homeless population is unsheltered. Other coastal states show high figures as well: Oregon (61%), Nevada (61%) and Hawaii (57%).

California’s enormous population of 39.6 million people vastly exceeds all other states in the US; therefore, the number of homeless people is also dramatically high with 161,548 people estimated to be homeless in 2020.

This means California’s large homeless population is highly visible due to its unsheltered status.

Special districts have a mission to serve their community. It is not necessarily within their scope to aid the homeless; however, in utilizing their resources in a fiscally responsible manner and partnering in their community, they are finding ways to make a positive impact.

As the San Bernardino Valley’s Steps 4 Life Community Service motto says, “Each one helps one.” Perhaps if every Californian begins to explore what small steps they can take, a solution will rise from the collective effort.

MAKE THE

Please tell us about a special project that made your community a more fulfilling place to live. Contact Kristin Withrow at kristinw@csda.net. www.districtsmakethedifference.org 43

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Volume 16 • Issue 5

45

Your Community. Your Services. Your District!

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

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

Follow, like, subscribe, share!

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MAKE THE

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California Special Districts • September-October 2021

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Volume 16 • Issue 5

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