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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
On 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.
“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.
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.
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HOW THREE SPECIAL DISTRICTS MADE HOW THREE SPECIAL DISTRICTS MADE THE DIFFERENCE FOR THE HOMELESS THE DIFFERENCE FOR THE HOMELESS IN THEIR COMMUNITY IN THEIR COMMUNITY
By Kristin Withrow, Communications Specialist
It 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.
THREE SPECIAL DISTRICTS: THREE STRATEGIES TO HELP
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
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.
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.
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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
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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.
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