2024 California Special Districts Magazine January – February

california

SPECIAL DISTRICTS A Publication of the California Special Distric ts Association Volume 19, Issue 1 • Januar y-Februar y 2024

SOLUTIONS AND INNOVATIONS Rancho Water Energy Demand Response Program PAGE 34

You Ask We Answer COLA - Cost of Living Adjustments Page 8

Money Matters Financial Reports for Special Districts Page 40

California Special Districts Alliance The California Special Districts Alliance is a collaborative partnership between the California Special Districts Association (CSDA), the CSDA Finance Corporation (CSDAFC), and the Special District Risk Management Authority (SDRMA). These three highly respected statewide organizations join forces to help special districts in California better serve their communities.

CSDA Board and Staff

SDRMA Board and Staff

CSDAFC Board and Staff

OFFICERS

OFFICERS

OFFICERS

MEMBERS OF THE BOARD

MEMBERS OF THE BOARD

ELAINE MAGNER, PRESIDENT, Pleasant Valley Recreation and Park District PETE KAMPA, CSDM, VICE PRESIDENT, Groveland Community Services District LORENZO RIOS, SECRETARY, Clovis Veterans Memorial District DON BARTZ, CSDM, TREASURER, Phelan Pinon Hills Community Service District RYAN CLAUSNITZER, CSDM, PAST PRESIDENT, Alameda County Mosquito Abatement District

MEMBERS OF THE BOARD

CHAD DAVISSON, CSDM, Ironhouse Sanitary District VINCENT FERRANTE, Moss Landing Harbor District JERRY L. GILMORE, Truckee Sanitary District CURTIS JORRITSMA, Hilmar Country Water District JO MACKENZIE, Vista Irrigation District ANTONIO MARTINEZ, Contra Costa Water District NOELLE MATTOCK, El Dorado Hills Community Services District GREG ORSINI, McKinleyville Community Service District PATRICK OSTLY, North of River Sanitary District #1 FRED RYNESS, Burney Water District ARLENE SCHAFER, Costa Mesa Sanitary District KIMBERLEE SENEY, Gold Mountain Community Services District

STAFF

NEIL MCCORMICK, Chief Executive Officer MEGAN HEMMING, Chief Professional Development Officer KYLE PACKHAM, Chief Advocacy & External Affairs Officer CASSANDRA STRAWN, Chief Member Services & Communications Officer RICK WOOD, Chief Finance & Operations Officer TOMICKO ABELLA, Member Services Representative AARON AVERY, Director of State Legislative Affairs EMILY CHA, Database & Online Communities Specialist MARCUS DETWILER, Legislative Representative BRENT FARRAR, D esign & Websites Manager AUBREY GOHL, Member Services Representative VANESSA GONZALES, Communications Specialist JOSE GUERRERO, Graphic Design/Video Specialist COLLEEN HALEY, Public Affairs Field Coordinator LILIA M. HERNANDEZ, Associate Legislative Analyst MUSTAFA HESSABI, Chief Counsel MICHAEL MEYER, Member Services Specialist CHRIS NORDEN, Public Affairs Field Coordinator RICHELLE NOROYAN, Public Affairs Field Coordinator CHRIS PALMER, Senior Public Affairs Field Coordinator AMBER PHELEN, Management Analyst RACHAEL POPPINO, Professional Development Coordinator JENNIFER SMITH, Professional Development Coordinator ERIC SPENCER, Member Services Specialist OPHELIA SZIGETI, L egislative Analyst ANTHONY TANNEHILL, Legislative Representative DANE WADLÉ, Senior Public Affairs Field Coordinator KRISTIN WITHROW, Communications Specialist

SANDY SEIFERT-RAFFELSON, PRESIDENT, Herlong Public Utility District ROBERT SWAN, VICE PRESIDENT, Groveland Community Services District JESSE CLAYPOOL, SECRETARY, Honey Lake Valley Resource Conservation District

DAVID ARANDA, CSDM, Stallion Springs Community Services District MIKE SCHEAFER, Costa Mesa Sanitary District TIM UNRUH, CSDM, Kern County Mosquito & Vector Control District THOMAS WRIGHT, Clovis Veterans Memorial District

CONSULTANTS

LAUREN BRANT, Public Financial Management DEREK BURKHALTER, Bickmore Actuarial CHARICE HUNTLEY, River City Bank FRANK ONO, iFish Group, Inc. ANN SIPRELLE, Best Best & Krieger, LLP KARL SNEARER, Apex Insurance Agency DOUG WOZNIAK, Alliant Insurance Services, Inc.

STAFF

BRIAN KELLEY, MBA, ARM, Chief Executive Officer DEBBIE YOKOTA, AIC, Chief Risk Officer MATT CLUTTERBUCK, Chief Financial Officer WENDY TUCKER, Claims Manager ALANA LITTLE, Health Benefits Manager ENRIQUETA (HENRI) CASTRO, Risk Control Manager ROBERTO LOZANO, Claims Manager ALLISON BATEMAN, PHR, HR/Office Manager PETR KOVALCHUK, Finance Manager MARGARITO CRUZ, Senior Accountant DANNY PENA, Senior Claims Examiner ERIC LUCERO, Senior Risk Control Specialist TERESA GUILLEN, Member Services Specialist II MICHELLE BROWN, Health Benefits Specialist II CANDICE RICHARDSON, Management Analyst KEITH IKAMI, Claims Examiner I LISA SANDOVAL, Member Services Specialist I LILLI VINN, Accounting Technician Special District Risk Management Authority 1112 I Street, Suite 300 Sacramento, CA 95814 tel: 800.537.7790 www.sdrma.org

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

JULIE JOHNSON, Rainbow Municipal Water District MATTHEW MCCUE, Coachella Valley Cemetery District GREG ORSINI, McKinleyville Community Service District

CONSULTANTS

RICK BRANDIS, Brandis Tallman, a Division of Oppenheimer & Co. Inc. JEFF LAND, Brandis Tallman, a Division of Oppenheimer & Co. Inc. DAVID MCMURCHIE, CSDAFC Legal Counsel WILLIAM MORTON, Municipal Finance Corporation STEFAN 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, Management Analyst RICK WOOD, Chief Finance & Operations Officer CSDA Finance Corporation 1112 I Street, Suite 200, Sacramento, CA 95814 tel: 877.924.2732 www.csdafinance.net

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

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CONTENTS 3

President's Message

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Professional Development

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Dates & Deadlines

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You Ask We Answer COLA - Cost of Living Adjustments

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CSDA News

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In Review Board Secretary/Clerk Conference

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Interview The Evolving Relationship Between LAFCO and Districts - It’s Nothing to Laugh About Tech Tips ChatGPT: Help for Your Writer’s Block

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Movers & Shakers

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Feature Tahoe City Public Utility District Takes Action to Protect Communities from Wildfires

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Community Connections Sacramento Metro Fire’s SacMIH Program Transforms Patient Care

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What's So Special A Playground for Al: lHow a Community Came Together to Create a Better Future for All Abilities Play

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From the Capitol A Discussion with Assemblymember Christopher M. Ward (78th District)

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Districts Make the Difference Celebrating a Robust Year of Impact!

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Money Matters Financial Reports for Special Districts

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National Special Districts Coalition NSDC Celebrates Milestones in 2023, Presses Forward with Key Priorities in 2024

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Legal Brief Updated Rules Restricting Artificial and Prerecorded Calls Apply to Local Governments

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Managing Risks Is Sharing Caring?

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Ask the Experts Decoding Meeting Requirements of AB 2449

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Got Governance Your Essential Governance Resources in 2024

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Solutions & Innovations Rancho Water Energy Demand Response Program

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Business Affiliate Highlights Navigate Your GASB Reporting Requirements with Actuarial Retirement Consulting

Manager's Corner When Boring is Good: A Guide to Navigating a First Amendment Audit

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Ask the Experts

Legal Brief

Decoding Meeting Requirements of AB 2449

Updated Rules Restricting Artificial and Prerecorded Calls Apply to Local Governments

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PRESIDENT'S MESSAGE

New Year, New Things Ahead!

As we stand on the threshold of a new year, it is with great enthusiasm that I extend my warmest greetings to each valued member of our association. I am honored to serve as your CSDA Board President again this year, a year that marks the 55th Anniversary of the California Special Districts Association! Since its inception in 1969, CSDA was formed to serve as the voice and resource for all special districts in California, and those core principles hold true today.

It is my pleasure to announce some new initiatives in 2024 aimed at advancing our technology and improving the user experience for our members. Our upgraded website will facilitate a personalized experience for each member to visually track their interests and activity with CSDA. Our new CSDA mobile app will create ease of access to all that CSDA provides. Stay tuned for more exciting information on this.

CSDA has a robust schedule of training webinars and workshops for board members, emerging leaders, board secretaries/clerks, and other district staff designed to enhance professional development and facilitate meaningful interactions. These gatherings will not only provide a platform for knowledge exchange but will also strengthen the bonds that make our association a thriving community of professionals. Be sure to check out our 2024 Professional Development Catalog! Learn more on page 4.

Elaine Magner, CSDA President

Our commitment to staying at the forefront of emerging trends will be reflected in our specialized conferences that equip our members with the tools they need to navigate the ever-evolving landscape of special districts and provide opportunities for valuable networking and collaboration. We are excited about some new locations this year, including San Luis Obispo and San Rafael for our Special District Leadership Academy! The General Manager Leadership Summit will be held in Anaheim in June, the CSDA Annual Conference & Exhibitor Showcase will be held in the Palm Springs area in September, and the Board Secretary/Clerk Conference will be held in San Diego in October.

See the dates and locations of all our 2024 conferences on page 6.

As we look forward, I encourage each member to actively participate in the upcoming events and take advantage of the resources that CSDA has throughout the year. Your involvement is not only crucial for your personal and professional growth, but also contributes to the overall vitality and impact of our association.

Remember, CSDA is YOUR association. If there are more ways we can serve or assist you, please reach out to Member Services at 916.442.7887 or at membership@csda.net.

I am again honored to serve as your CSDA President during 2024 and look forward to seeing how we can top our 2023 accomplishments. Thank you for your continued support, and here’s to a prosperous and fulfilling year ahead in CSDA’s 55th year of existence!

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ProDev 2024 Professional Development Catalog

LET’S LEARN P R O F E S S I O N A L D E V E L O P M E N T C ATA L O G

The 2024 Professional Development Catalog has been mailed! Highlights include Big Changes in CVRA & Redistricting Rules, The Role of Technology in Diversity, Equity, and Inclusion, ChatGPT: Mastering the Basics and Beyond and all four Virtual Special District Leadership Academy Modules. In 2024, webinars continue to be free for CSDA and SDRMA Members. Register at csda.net today to fill your 2024 calendar with CSDA webinars, workshops, and conferences.

NEW WEBINARS AND WORKSHOPS FOR 2024!

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2024 SDRMA Spring Education Day March 25 5:00 – 6:00 p.m. – Opening Reception (optional) March 26 7:30 – 8:30 a.m. – Registration and Breakfast Buffet 8:30 a.m. – 3:45 p.m. – SDRMA Spring Education Day The SDRMA Spring Education Day provides risk management training relating to Property/Liability and Workers’ Compensation at no cost (to CSDA and SDRMA Members). The day will begin with a panel discussion of the State of the Insurance market followed by several breakout sessions. In addition, the SDRMA Board of Directors will conduct their Annual Membership Meeting that will include current insurance market updates and important upcoming renewal information. SDRMA members that attend the Spring Education Day are eligible to earn Credit Incentive Points (CIPs) to reduce their annual contribution for both the Property/Liability and Workers’ Compensation Programs. Register at csda.net.

Visit the Career Center

https://www.csda.net/member-resources/career-center

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SPECIAL DISTRICT LEADERSHIP FOUNDATION

Contact SDLF at info@sdlf.org for details.

Phone: 916-231-2909 Fax: 916-442-7889

sdlf.org

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DATES & DEADLINES Meetings & Events 2024 CSDA Conferences

DMTD Student Video Contest

Special District Leadership Academy Conference (Central/Coast): San Luis Obispo February 4 – 7

2024 Districts Make the Difference Video Contest Submission Deadline: March 31

SDRMA Spring Education Day: Sacramento March 25 (optional reception) and March 26 Special District Leadership Academy Conference (South): San Diego April 14 – 17 Special Districts Legislative Days: Sacramento May 21 - 22 General Manager Leadership Summit: Anaheim June 23 – June 25 CSDA Annual Conference & Exhibitor Showcase: Palm Springs area September 9 – 12 Board Secretary / Clerk Conference: San Diego October 21 – 23 Special District Leadership Academy Conference (North): San Rafael November 3 – 6

CSDA Annual Awards

Upcoming Essential Leadership Skills Certificate Live Eligible Courses 2024 Organizational Development (6 hours needed) Virtual Workshop: Organizational Development May 8 - 9 Financial Management (6 hours needed) In-Person Workshop: Financial Management for Special Districts April 24, CSDA Training Center, Sacramento Human Resources Management (6 hours needed) In-Person Workshop: Human Resources Boot Camp for Special Districts April 25, CSDA Training Center, Sacramento Leadership (6 hours needed) In-Person Workshop: Supervisory Skills for the Public Sector May 1, CSDA Training Center, Sacramento Special District Laws (6 hours needed) Virtual Workshop: Overview of Special District Laws June 5 & 6

2024 CSDA Annual Award Nominations Submission Deadline: May 1

Send Your Breaking News to Us Send articles or ideas to membership@csda.net for consideration in the California Special Districts magazine, CSDA eNews, the CSDA website, or on our social media channels.

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DATES & DEADLINES

Governance Items District of Distinction – How to Meet DoD Professional Development Requirements in 2024 Requirement for the BASIC Level: All directors/trustees, general manager, and executive staff (as designated by the district) have received training in governance as well as compliance with AB 1234 Ethics Training and AB 1825 Harassment Prevention Training.

• AB1234 Ethics Training as well as AB1825 Training are both available as live and on-demand webinars • Ethics on February 22 or October 3 • Harassment on February 20 or October 1 Governance Training* Options in 2024: The Governance requirement must be fulfilled within the past 5 years for any new Board Members, GM, and or Executive Staff. If the district’s Board and staff have remained the same since their last renewal, they do not need to complete this requirement again. *Districts with boards larger than 7 need at least a majority of total board members completing this training requirement Option #1: Attend ANY module of the Special District Leadership Academy Virtual: • SDLA Module 1: Governance Foundations: February 21 and 22 • SDLA Module 2: Setting Direction / Community Leadership: April 3 and 4 • SDLA Module 3: Board’s Role in Finance: February 21 and 22, 2024 • SDLA Module 4: Board’s Role in Human Resources: February 21 and 22

Option #2: Attend one of the Special District Leadership Academy Conferences • February 4 - 7 in San Luis Obispo, CA • April 14 – 17 in San Diego, CA • November 3 – 6 in San Rafael, CA Completing all four modules counts toward the Certificate in Special District Governance, which is also a requirement for higher levels of a District of Distinction Option #3: Virtual Workshop: Board Member Best Practices: January 24 and 25 PLUS, TWO on-demand webinars: 1. Board Member and District Liability Issues 2. Who Does What? Best Practices in Board / Staff Relations & Communication Option #4: Would your district prefer internal training at your location? We have you covered! With CSDA’s “Governance to Go” program, you can complete an online request for training that works for you and your district.

Details, fees, and request forms are available at csda.net/ learn/workshop-requests.

Option #5: Other courses may qualify; however, they will need to be submitted for review by SDLF.

In-Person: • SDLA Module 1: Governance Foundations: March 26 in Sacramento • SDLA Module 1: Governance Foundations: September 9 in Indian Wells (a pre-conference workshop)

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Q&A You Ask We Answer

Questions Appear in CSDA Online Communities

COLA - Cost of Living Adjustments Q: Megan Lee, Senior District Office Administrator, North of River Sanitary District #1 Good afternoon, all, We are trying to get a gauge on what percentage of COLA’s special districts are giving employees this year and if you have last year’s percentage as well that would be great, if you don’t mind sharing.

A: Jean Thomas, Customer Service Supervisor, Helendale Community Services District Last year, our COLA was 7%, this year is 8%.

A: Steve Palmer, General Manager, Donner Summit Public Utilities District Our Board approved a 5.2% COLA for last year. The annual COLA calculation is based on the Consumer Price Index for All Urban Consumers, San Francisco, All Items, Not Seasonally Adjusted, and February 12-Month Change.

A: Veona Galbraith, Administrative Services Manager, Auburn Area Recreation and Park District We gave 4% last year and 4% this year. (It was contingent upon a stated growth in revenues and CPI at a maximum of 4%). Another 4% is slated for next year with contingencies.

A: Viviana Robles, HR/Risk Manager, Three Valleys Municipal Water District

Engage with your peers and ask questions on CSDA’s Open Forum community! https://www.csda.net/communities-home

Hello Megan, TVMWD’s board approved a 7.5% COLA effective July 1, 2023. The year prior our COLA was 4.29%. Our COLA is based on the prior calendar data from CPI-Urban Wage Earners and Clerical Workers data. Below is a copy of COLA survey results among our surrounding districts. I hope this helps.

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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CSDA News 2024 CSDA Award Nominations Now Open!

Submit Online: csda.net/awards Deadline: May 1, 2024 It’s time to submit your district accomplishments and superstars for an award! The CSDA Annual Awards showcase our members’ most valuable contributions to the communities they serve. The winners will be celebrated at the CSDA Annual Conference & Exhibitor Showcase September 9 - 12 in Indian Wells. The award categories are: • Board Member of the Year • General Manager of the Year

• • • • •

Staff Member of the Year Ralph Heim Exceptional Outreach & Advocacy William Hollingsworth Award of Excellence Chapter of the Year Innovative Program/Project of the Year (Large and Small District categories) • Exceptional Public Outreach & Advocacy (Large and Small District categories) • Excellence in Technology Learn more and submit nominations at csda.net/awards by Wednesday, May 1, 2024. For questions, email awards@csda.net.

CSDA New Laws of 2024 Publication Available Every year, CSDA helps members get a step ahead by convening leading legal and public policy experts to overview newly enacted laws that will have the most significant impact on the work of special districts and the communities they serve. In November and December 2023, members benefitted from a seven-week series distributed in CSDA eNews that focused on new laws affecting topics ranging from redistricting and the Brown Act, to new labor and zero emissions vehicle mandates.

The full range of topics covered in CSDA’s 2024 New Laws Series include: • California Voting Rights Act (CVRA) • The Pico v Santa Monica Decision • California Environmental Quality Act (CEQA) • The Governor’s Infrastructure Streamlining Package

• California Air Resources Board (CARB) Advanced Clean Fleets Zero Emission Vehicles Mandate • Fair Maps Act and Special District Redistricting Procedures • Surplus Land Act • Emergency Remote Brown Act Meetings • Labor Laws

https://qrco.de/bdgPHe

CSDA will also produce a New Laws of 2024 Publication that will compile the articles of the New Laws Series and other key legislative and legal resources, such as the 2023 YearEnd Legislative Report as a one-stop resource for members. Download New Laws of 2024 by scanning below.

9 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

In Review

Board Secretary/Clerk Conference

Our Board Secretary/Clerk Conference in November included plenty of fun and games to go along with all the networking, inspiration, skill-building, and learning! The board game theme was a fun kick-off and we rolled straight into our comprehensive curriculum for new attendees seeking their certificate. Our returning advanced track attendees had plenty of deep-dive topics to choose from as well.

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1. Attendees enjoyed game-themed networked events.

2. California Howland with Cobb Area County Water District posed for a photo with an Advanced Coursework certificate.

3. Board Secretary/Clerks attend collaborative skill building sessions.

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4. Presenters like Stephanie Smith with Best Best & Krieger made themselves available for discussion between sessions.

5. Leslie Baek with Carmel Highlands Fire Protection District received her Board Secretary/Clerk Conference certificate after completing the First Time Attendee learning track.

6. The collaborative learning environment brought together Board Secretary/Clerks from across the state, many of whom become fast friends as they worked through the curriculum.

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Save the Date 2024 Board Secretary/Clerk Conference October 21-23 San Diego We are already planning a great theme you won’t want to miss!

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IN REVIEW

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Interview The Evolving Relationship Between LAFCO and Districts - It’s Nothing to Laugh About

By Kristin Withrow, CSDA Communications Specialist

Local Agency Formation Commissions (LAFCO) are unique to California. They exist in each county to provide an organizational structure to the forms of local government in their county and to provide service oversight to ensure the public is receiving the services they need in an efficient manner. In some instances, an adversarial relationship between LAFCO and districts has developed. That friction appears to have begun an evolution.

boundaries, so in 1963 the Legislature created the Local Agency Formation Commission (LAFCO) with one LAFCO per county in the state. Each LAFCO represents their local area and keeps control locally. Their commissions include representatives from their County Board of Supervisors, cities, and independent special districts. They can create new districts, annex, consolidate or merge areas into districts.

Santa Cruz LAFCO Executive Officer Joe Serrano provided a LAFCO 101 crash course in August at the CSDA 2023 Annual Conference and is currently involved in helping a Santa Cruz CSDA Chapter form. We caught up with Serrano to hear how his message has been received and learn more about the shift he is helping to spearhead.

Each LAFCO is required to perform an oversight review with a report created every five years. The review covers level of service, operations, governance - essentially, it’s a report card. Problematically, many LAFCOs only reach out to special districts when it is time for their review. This results in a feeling of judgment and “gotcha” from the districts.

Serrano sees an alignment to four core tenets for LAFCOs across the state: 1. Helping others

Relationship Building

2. Making things better 3. Finding out how things work 4. Connecting with others

History

After World War II, there was a surge in development in the state that was occurring without oversight or organized

Relationship building is key to the evolution that has begun. It allows more genuine conversation and the feeling of partnership versus authority and oversight. Sometimes, it is about the angles presented to districts based on the LAFCO findings. “‘We found some areas of improvement’ is a different message than ‘here’s what you’re doing wrong,’” explained Serrano.

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INTERVIEW This softer tone provides an opportunity for the district to choose their direction and make changes instead of having another entity tell them what to do.

“In the last 3 years, we’ve done consolidations, reorganizations, annexations and dissolutions and most, if not all, of them were initiated by the affected agencies themselves. LAFCO is not forcing it on them. We provide findings and the districts are determining the best way to serve their community,” said Serrano.

There are three misconceptions Serrano has identified that have driven the current adversarial tenor: • Misconception: LAFCO is a watchdog - this term was coined as a simple explanation of the purpose of LAFCO in the 70’s. Serrano believes a better definition is “LAFCO’s are the ones who determine which local agency is the most logical provider of public services.”

• Misconception: LAFCO is the DeathEater of special districts - referencing the popular Harry Potter series and the characters that could suck the soul out of someone, Serrano wants to dispel this notion. “We are not here to get rid of districts. In fact, we share the common goal of ensuring districts provide the best service to the public.”

• LAFCO is useless to my district because our boundaries will never change - LAFCO isn’t only there to review boundaries, they provide resources to help districts operate more efficiently and effectively.

Serrano is a proponent of better operational interaction between his Santa Cruz County LAFCO and the districts they oversee. He sees the service review as a collaborative effort to provide insight into district operations, and views including the district leadership in the process and results as key to a good relationship. Serrano provides the districts an opportunity to share things they are proud of, give insight into their challenges, and Serrano shares the draft report so the agency isn’t caught off guard once the results are published.

Additionally, the LAFCO report is meant to be a working document that is referenced to create goals and view measurable progress the district can be proud of. This allows the districts to feel like they are empowered to make changes and improvements with the LAFCO supporting their needs.

“LAFCOs are at a crossroads. We can do what we’ve been doing for the last 30 years, or we can do more to help the districts rather than be an obscure agency that tells them what they do wrong,” explained Serrano.

The LAFCO Evolution Moving from the historic ‘watchdog’ mentality to a more collaborative, service-oriented model takes time and needs to happen over the course of natural evolution of the Commissioners, counties, cities and special district representatives. For those districts who have a long-held understanding of the LAFCO as adversarial, it may be time to reconsider district/LAFCO interactions. When Serrano presented his evolved viewpoint of the LAFCO-District paradigm at the CALAFCO Annual Conference in the fall of 2023, it was well received by LAFCO attendees from across the state. CALAFCO brings LAFCO leaders together to explore best practices in the field. They discuss many of the same topics that districts explore for their own operations - website best practices, consistency of service, service offerings, sample service reviews, and more.

Many LAFCOs, including Santa Cruz LAFCO, are leading the way with service reviews, conducting community workshops to inform residents, and forming stakeholder groups to bring parties together.

“We can operate under the status quo, or we can implement new ways to be more efficient,” said Serrano.

“That’s what we’re asking districts to do, but we are also doing it as well. The LAFCOs I’ve been talking to are open to this evolution of relationship.”

Relationship 101 - Get to Know Your LAFCO

1. If there is a chapter or group already formed, include LAFCO in a meeting to get to know the group and start building that relationship.

2. Conduct one-on-one informal meetings with the district general manager and LAFCO to begin understanding each other.

3. Invite LAFCO to give an introductory presentation at the next board meeting. Provide an opportunity for the board members to ask questions.

13 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

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Tech Tips

TECH TIPS

ChatGPT: Help for Your Writer’s Block Writing is Hard, but Have You Tried Getting a Little Help from ChatGPT?

By Stephen Fraga, Consultant for CPS HR Consulting

Imagine you work at the BART district and you’re offering an internship for a bright young electrical engineer. You fire up ChatGPT and ask it: “Please write a job posting for an electrical engineer internship at the BART heavyrail district. Candidates must be electrical engineering majors. Come up with some specific electrical engineering requirements appropriate for a college sophomore in the top 20% of their major. They must live within the Bay Area.

They’ll perform tests on electrical systems, document safety standards and assist other techs. Include all the necessary disclaimers and legal notices needed to comply with labor laws in San Francisco.” Watch as it slowly churns out a well-written job post with sections for Company Profile, Responsibilities, and Disclaimers. It will even

come up with a section with actual electrical engineering requirements!

Now, on to getting the word out. Ask ChatGPT: “What are some places I could promote an internship for an electrical engineering sophomore at a Bay Area college?” It will respond with a list of appropriate marketing channels: Linked In, Twitter, job fairs, etc.

Follow up your prompt with: “Generate a post for each major social media platform, fitting within the character limits, and an accompanying image. Make it punchy and don’t skimp on the emoji. Add columns for the platform, the character limit, the post, and image description.”

ChatGPT will generate a set of social media posts in an elegant table.

15 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

Dublin San Ramon Services District announced Dan Gill has stepped into the role of Operations Director. With Dan Gill over fifteen years’ experience in the water industry, Dan came to the district from East Bay Municipal Utilities District where he served as Maintenance Superintendent and Chief Water Operator. Congratulations!

Diablo Water District

Sustainable Contra Costa (SCOCO) has awarded Diablo Water District the 2023 Leadership in Sustainability Award. Acknowledged for its leadership and commitment to sustainability and environmental stewardship, SCOCO is honoring the district for its dedication to a sustainable water future and proactiveness toward achieving carbon neutrality by 2027, 18 years ahead of the state mandate.

Orange County Water District is pleased to announce the appointment of John Kennedy as their new General Manager. John John Kennedy brings more than 40 years of experience in the water and civil engineering industry. His career with OCWD, which began in 1995, has seen him responsible for a wide range of critical functions, including developing long-term financial projections, capital improvement programs, and acting as a liaison with 19 local cities and retail water districts.

John currently serves as OCWD’s executive director of engineering and water resources and will begin his new position on January 27, 2024.

With the anticipated retirement of Dan McIntyre, the Dublin San Ramon Services District Board of Directors unanimously Jan Lee selected Jan Lee to serve as the new General Manager, effective December 23. Lee succeeded Dan McIntyre, who retired after a 34‐ year career in the water and wastewater industry, including seven years as DSRSD General Manager. Lee brings 27 years of industry experience and will be the first female general manager in the district’s 70-year history!

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Santa Clarita Valley Water

In recognition of its outstanding achievements in public relations, Santa Clarita Valley Water (SCV Water) received five prestigious awards from the Public Relations Society of America’s Los Angeles chapter (PRSA-LA). In addition to three PRism Awards and one Award of Excellence, the Agency’s “Drought Ready, SCV!” campaign was named Best in Community Relations, earning the top prize over all other entrants from the non-profit, healthcare and government sectors.

Palmdale Water District is thrilled to announce that our Public Affairs Department received a prestigious PRism Palmdale Water District Award at the 59th Annual PRism Awards hosted by the Public Relations Society of America – Los Angeles (PRSA-LA) in Los Angeles.

Their “Save Our Water” lawn signs, used in their drought campaign, won first place in the Creative Tactics and Graphic Design category.

17 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

Feature 2023 CSDA AWARD WINNER Exceptional Public Outreach & Advocacy Award - Large District

Tahoe City Public Utility District Takes Action to Protect Communities from Wildfires

By Kim Boyd, Director of Strategic Affairs, Tahoe City Public Utility District and Vanessa Gonzales, CSDA Communications Specialist The Tahoe City Public Utility District (TCPUD) is honored to be recognized for its ongoing initiative and action to protect communities from wildfires and excited to receive the 2023 CSDA Exceptional Outreach and Advocacy Award (Large District Category). This effort is part of a special district collaboration with the Tahoe Water for Fire Suppression Partnership (Partnership), which includes the North Tahoe Public Utility District (NTPUD) and the South Tahoe Public Utility District (STPUD) and has demonstrated measurable success in raising awareness at the local, state, and federal level of the importance of improving water infrastructure for fire suppression in rural communities. Water infrastructure for fire suppression projects include those that upsize waterlines, install fire hydrants, and increase water storage capacity. These types of projects can be costly for small rural communities and the TCPUD’s advocacy and outreach efforts have been focused on creating new funding eligibility to increase the pace and scale of these critical improvements.

"TCPUD is honored to be recognized for our advocacy work that helps protect our communities from wildfires," shared TCPUD Board President Dan Wilkins. "This award

demonstrates the positive impact of collaboration and collective action and strengthens our commitment to implementing projects that make communities more fireresilient.”

The Partnership focuses its efforts on communicating the importance of water infrastructure for fire suppression as a critical part of community hardening and highlighting the significant gaps in funding for these types of projects.

These funding gaps are deeply concerning, especially as wildfire continues to threaten small, rural communities located in the wildland urban interface (WUI). The majority of communities around the Lake Tahoe Basin are located within the WUI, with many neighborhoods backing up directly to massive, forested lands mostly owned by the state or federal government.

In addition, the distinctive history of water system development in the Tahoe Basin complicates things further.

Many of the water systems were developed between the 1930s and 1950s to serve only the domestic water needs of summer seasonal cabins. Significant portions of the Tahoe Basin are served by a patchwork of small, geographically isolated, and undersized water systems that lack the

18

FEATURE

capacity and infrastructure to meet modern fire suppression needs. This patchwork represents a serious deficiency in the ability to supply and move water critical to protecting lives and structures during a wildfire event.

The 2007 Angora Fire first highlighted the dangers of this insufficient water distribution infrastructure. The impacts of this fire were devastating, and despite the fire’s relatively small size of 3,100 acres, it destroyed 258 homes and left limited access to the local water supply. In the aftermath, the Partnership was formed and prompted immediate action and investments in both forest health, such as fuel reduction projects, and water infrastructure improvements.

The community benefit of these investments was evident when the 2021 Caldor Fire crested the ridge into South Lake Tahoe and put this issue squarely in front of agencies responsible for public health and safety. The investments made over the previous decade demonstrated how vital these combined efforts were in protecting lives and property, as fire behavior decreased, homes had defensible space, and water was available for fire fighters. Not a single home was lost in South Shore’s Christmas Valley. If the fire had hit a deficient part of the water system, a different outcome would likely have occurred.

The TCPUD, NTPUD, and STPUD have dedicated considerable time and effort hosting tours, cultivating relationships with candidates, elected officials, and legislators, advocating for new legislation, and pursuing the creation of new funding opportunities. Collectively, these advocacy efforts are crucial to increasing the pace and scale of investment in critical water infrastructure for firefighting. The results of these efforts are measurable, and include: • Participation in the National Special Districts Coalition stakeholder working group, comprised of 24 water and fire protection district leaders, to examine the

•

•

•

•

barriers local agencies face to ensure adequate water infrastructure for fire suppression exists within communities, culminating in a Final Report urging lawmakers to act.

Creation of new grant funding through the Lake Tahoe Restoration Act (LTRA), a federal bill that allocates funding for water infrastructure for fire suppression projects in the Tahoe Basin.

Introduction of Senator Alvarado-Gil’s SB 470 to create statewide eligibility for water infrastructure for fire suppression projects.

Inclusion of language in the 2023 Climate Bond measures, AB 1567 and SB 867 (Allen), to create eligibility for water infrastructure for fire suppression projects.

Inclusion of Committee Report Language in Senate Interior and House Interior spending bills recommending project eligibility in the Community Wildfire Defense Grants program and State Fire Assistance Grants program to generate support for water infrastructure for fire suppression improvements.

Advancing support for investments in water infrastructure for fire suppression projects that create fire-resilient communities is critical to the long-term viability of our small rural communities. These investments benefit entire regions and help protect the environment and sustain rural economies into the future. Looking ahead, the TCPUD, working closely with the partnership, will continue advocating for new legislative initiatives and changes in programmatic funding requirements through collaboration at the local, state, and federal level, with the goal of filling funding gaps and accelerating the installation of critical water infrastructure improvements to protect the health and safety of our communities.

19 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

Community Connections Sacramento Metro Fire’s SacMIH Program Transforms Patient Care

By Kristin Withrow, CSDA Communications Specialist In recent years, Sacramento County has been at the forefront of a groundbreaking initiative aimed at revolutionizing emergency medical services (EMS) and providing more efficient and personalized care to its residents. Since 2016, the Hospital Council of Northern and Central California, in collaboration with major health systems and Sacramento Metro Fire, has spearheaded the Sacramento Mobile Integrated Health (SacMIH) program.

This innovative model pairs advanced medical providers with seasoned Firefighter/Paramedics to address patient health needs directly, resulting in a range of benefits for the community.

SacMIH conceived of this pilot program with clear objectives in mind: to improve continuity of care for high-use 911 callers and Emergency Department (ED) transports, reduce unnecessary hospital visits, lower hospital readmissions, cut healthcare expenditures, expedite appropriate care for 911 calls, and provide

suitable care for behavioral health patients encountering emergency services.

A Proactive Approach

The program began with a proactive response model, focusing on “high utilizers” of the 911 system. By integrating SacMIH into the 911 system, agreements with Sacramento County Emergency Medical Services and Sacramento Metro Fire were solidified, paving the way for a more comprehensive and integrated approach to emergency medical care.

To ensure seamless communication and documentation, a custom documentation system was developed through ImageTrend. Three Nurse Practitioners and three Physician Assistants, along with three Firefighter/Paramedics, were carefully selected and trained to work as advanced provider teams, forming a dedicated unit to address the diverse needs of the community.

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COMMUNITY CONNECTIONS

“We want our community to get the Right Care, in the Right Place, at the Right Time. The Mobile Integrated Health program is an option for our patients with conditions that can be managed effectively in the field by an advanced provider. This innovative solution keeps more of our 911 ambulances available for life threatening emergencies.”

Sacramento Metro Fire Chief Adam House

Identifying and Bridging Gaps

Cost Savings and Fiscal Impact

The SacMIH pilot revealed significant gaps in healthcare delivery, particularly for high utilizers with specific needs such as diabetic issues and falls. The flexibility of the program allowed providers to spend more time identifying the root causes of frequent 911 calls and implementing on-location solutions, ultimately reducing high utilizer 911 use by an impressive 43.6%.

After overcoming challenges and confusion related to the “Assess and Refer” policy, SacMIH successfully entered the 911 system on August 22, 2022. The data reflects a steady increase in the program’s presence, with an 85% success rate in treating and releasing patients on the scene.

Many high utilizer patients had behavioral health challenges, and SacMIH stepped in by offering education and better connections to existing resources. Notably, the program addressed the challenges faced by severely psychotic patients, ensuring timely administration of injectable antipsychotics in their environment, showcasing the program’s potential in improving care for patients with impaired function skills.

“The EMS system has not changed in decades, but the needs of our communities have. We know that sending a fire engine and an ambulance to many of these medical aid calls is not the answer. Sending everyone to the ER is also not the answer. MIH Advanced Providers provide expanded knowledge to the scene and can offer definitive care,” said Sac Metro Battalions Chief Scott Perryman, Founder of SacMIH.

The SacMIH program has not only transformed patient care but has also demonstrated significant cost savings.

The one-year pilot resulted in a remarkable $1,083,290 in savings, showcasing the program’s immediate fiscal benefits. Year two data nearly doubled this incredible savings. It’s important to note that these savings do not capture the long-term impact, as many patient issues were resolved or directed to more appropriate resources.

Sacramento Metro Fire’s SacMIH program has not only addressed the immediate challenges posed by the COVID-19 pandemic in 2022, but has evolved into a comprehensive, community-driven initiative. By integrating seamlessly into the 911 system, the program has proven its ability to provide efficient, cost-effective, and patient-centric care. As the program continues to grow, the positive outcomes and community impact reinforce the value of innovative approaches in shaping the future of emergency medical services.

21 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

EL DORADO HILLS COMMUNITY SERVICES DISTRICT

We host a multitude of events for the community, including (but not limited to) our parent/child Valentine’s Day dances, multiple egg hunts in the spring, free community BBQs and concerts in the summer, Summer Fest in September, Pumpkin Splash at Community Pool in October, and multiple meet-and-greet events with Santa in December.

We pride ourselves on providing superior outdoor play spaces for families and children. We have recently opened two new parks, and await the completion of our newest park - Saratoga Park - in early 2024. This year, we also partnered with the community to open El Dorado Hills’ first all-abilities playground (read more in this issue’s “What’s So Special” feature).

Our goal is to improve the quality of life for the El Dorado Hills community through responsible leadership by providing superior services and facilities. We look forward to continuing our work in the new year, and for years to come.

Hidden away in the Sierra Foothills, 30 miles east of Sacramento, you will find El Dorado Hills. Rich in Gold Rush history, rolling hills, and beautiful outdoor spaces, the El Dorado Hills Community Services District owns and manages approximately 560 acres of land, including 274 acres of parks and 286 acres of open space. The “District”, as the community calls us, operates 29 (soon to be 30) neighborhood, village, and community parks. We serve residents across multiple departments, including Parks, Recreation, Planning, Administration, and Resident Services, as well as the waste collection and recycling subsets, CC&R enforcement, and building plan approval.

WWW.EDHCSD.ORG 22

What's So Special A Playground for All

How a Community Came Together to Create a Better Future for All Abilities Play

By Julia Griffin, Communications Specialist, El Dorado Hills Community Services District On a sunny day in September in the Sierra Foothills, Jackson Elementary School students, educators, and community partners crowded together for the Grand Opening of the new Jackson Elementary School AllAbilities Playground, the first of its kind in the area. The El Dorado Hills Community Services District (District) was proud to attend and celebrate this momentous day, as District staff spent the previous year partnering in the planning, building, and opening of this innovative new facility. This unique play space represents the true power of partnering together to accomplish a common goal.

You may be asking, “What is an all-abilities playground?”

An all-abilities playground goes beyond the design of a

normal playground, providing children of all ages and physical capabilities with safe and inclusive play spaces.

Many playgrounds are not wheelchair friendly. The Jackson Elementary School All-Abilities Playground provides wheelchair access throughout the multiple play areas.

Not only is the playground wheelchair-friendly, but it also includes all-abilities swings and a harnessed zipline for children to enjoy. Another important feature of this playground is the wheelchair friendly ramp entrance and the foam-based ground cover. Removing the previous playground’s bark means everyone can enjoy this state-ofthe-art inclusive play space.

23 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

continued on page 24...

WHAT'S SO SPECIAL

equally. The El Dorado Hills Community Services District The all-abilities playground at Jackson Elementary suggested making use of the District’s Opportunity Fund, School holds special importance to our community, as which was originally established to support positive, this elementary school has a number of students with community-enhancing projects that may not otherwise disabilities. District General Manager Kevin Loewen become a reality without some matching funds of the understood the importance of the project and equipping District. this playground with inclusive features. “Constructing universally designed playgrounds that promote physical In the District’s March 2023 Board of Directors meeting, as well as social inclusion is the solution to children no Board President Mattock moved, and Director Hannaman longer feeling ostracized from their peers. These inclusive seconded the motion to come alongside the El Dorado play environments provide a safe, welcoming atmosphere County Office of Education and approve the requested for kids of all ages funding match of and abilities to $125,000 to Jackson “This is a prime example of what come together, have Elementary for an allour community is about. It is fun, build genuine abilities playground. relationships, about inclusivity and meeting The motion passed encourage meaningful unanimously by the needs of everyone in the play and foster a Board Directors sense of belonging. community” Ferry, Hannaman, Universally designed Martinelli, Mattock, Noelle Mattock, playgrounds provide and Paulsen.

Board President play elements that Data shows that everyone can enjoy, playing with others and they bring a modern facelift to those traditional, is an important part of how children develop social skills cookie-cutter designs we’ve seen for the past few decades,” that continue to benefit them into adulthood. “I hope it’s a Loewen shared. From the time of ideation and initial model for other schools,” Principal Williamson said. “The fundraising, Jackson Elementary School Principal Michele vision of this project is to bring the community together Williamson reached out to District General Manager to support an all-inclusive playground on behalf of all Loewen to speak about the project. During a site walk, children so they can socially interact and therefore reduce General Manager Loewen advised Williamson on the boundaries between children of varying abilities.” opportunities and challenges that come with this type Although the new all-abilities playground is on school of project and offered to shepherd concepts and cost grounds, it is also open to the public for use during nights quotations for the playground. and weekends.

Rescue Union School District, in collaboration with the El Dorado County Office of Education, the Jackson Elementary All-abilities playgrounds are here to stay in El Dorado Hills.

The District’s Board of Directors has made it a priority to Parent Teacher Organization, the El Dorado Hills incorporate inclusive playground elements in all future Community Services District, The Latrobe Foundation, and renovated parks within the District’s boundaries. This and Walk with Austin worked in collaboration to generate playground represents a new beginning in the El Dorado the $600,000 needed to turn the idea of an all-abilities Hills community, and a better future for all-abilities play. playground into a reality. After all partnerships and donations, the project had a shortfall of approximately Post-production note: General Manager Kevin A. Loewen is no $250,000. The El Dorado County Office of Education longer with the El Dorado Hills Community Services District at discussed the shortfall with the District and sought to the time of print. find a way for both organizations to fill the gap in funding

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From the Capitol

A Discussion with Assemblymember Christopher M. Ward (78th District) Assembly Member Chris Ward was first elected in 2020 and reelected in 2022 to serve the 78th Assembly District representing San Diego and El Cajon. He was previously elevated to Speaker pro Tempore and Assistant Majority Leader and is currently serving as the Assembly designee on the California State Coastal Conservancy and Vice Chair of the California Legislative LGBTQ Caucus. He also serves as Chair of the Select Committee on Biotechnology. He was recently appointed Chair of the Assembly Committee on Housing and Community Development. We caught up with Assembly Member Ward to ask about ACA-13, key legislation he authored to protect the majority vote, as well as his views on local control, and key policy priorities affecting special districts moving forward.

Why did you introduce ACA 13 and why is it important to special districts and the communities they serve?

I introduced ACA 13 because it’s a commonsense measure that protects the majority vote from special interests that want to abuse the initiative process. It’s really simple. If you want to increase the threshold for a measure to pass, you should also have to have that increase approved by the same threshold you are proposing. I think it’s important for special districts and the communities they serve because it allows the majority of voters within your respective districts to retain the power to set their own priorities and not raise barriers to advancing infrastructure investments that have the support of local voters.

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FROM THE CAPITOL

Nearly 60 special districts submitted letters of support on ACA 13 in a matter of weeks. Does engagement from local officials matter in Sacramento, and what would be your advice to special district board members and senior managers when it comes to building relationships with State Legislators and communicating positions on legislation?

You serve as the Assembly designee on the California State Coastal Conservancy, established to protect and improve natural lands and waterways, help people access and enjoy the outdoors, and sustain local economies along the coast. Does the conservancy interact or partner with special districts? If not, what about other local public agencies?

THANK YOU to those who engaged so quickly –– it was critical action. Letters of support from local special districts were quickly aligned with respective Assemblymembers and Senators –– and they told me they knew local voices were reaching out to them, so I could count on their vote.

Because of the collective action, engagement certainly helped push ACA 13 through the legislative process.

My advice to special district board members and senior managers would be to see this as one of many examples where your advocacy has impact and continue engaging state government officials and legislators on issues of importance. That input is crucial and often adds new perspectives that otherwise wouldn’t be considered.

Timing, frequency, and manner of communication matter too, so being strategic in your outreach can add impact to a legislator’s decision making as well.

The California State Coastal Conservancy has many partners, including governmental agencies like special districts, who in turn partner with non-profit or community-based organizations to ensure a healthy, restored, and accessible coast for future generations of Californians. The Conservancy facilitates grant-making opportunities that are competitive for programmatic goals, or specific for a project goal often outlined in the state budget. Knowing that the Conservancy is a key funding partner for local districts to achieve their work is key in a competitive environment, and I encourage outreach and engagement to support preservation projects and reduce barriers that prevent public access to our coast, ocean, and coastal watersheds.

Please share with us your perspective of special districts and how your service as a former city councilmember for the City of San Diego informs your perspective of local control and your approach to policymaking.

In both of my roles as a former city councilmember and a current state lawmaker, I have found the input of special districts to be invaluable. Local perspectives are of strong importance because residents closest to these services should be able to weigh in on how their taxes are spent.

As a state lawmaker, I know that when I am hearing from representatives of special districts, it is a strong reflection of the opinion and need from local constituencies just like I advocated for when I was a city councilmember –– and take very seriously while I’m at the State Capitol thinking about introducing a proposed law, considering how to vote on bills, or evaluating the state budget.

What are some of your other key policy priorities that may affect special districts in the future?

Housing and climate are two major policy areas of focus for my office. Both have huge stakes for our future, so it’s incredibly important we get the policy right. Within those subjects, homelessness, workforce housing, clean energy, water supply, and community infrastructure intersect. For decades, we’ve haven’t provided supply of housing at the pace we have needed resulting in housing costs to dramatically rise. At the same time, we’ve allowed new developments in areas that are prone to wildfires and flooding, requiring separate infrastructure, and far from public transit causing more pollution, congestion, and reduced quality of life by long car commutes. This puts strain on the general population, but also increased demands on special districts to maintain levels of service.

I look forward to continuing to work closely with CSDA in our legislative year ahead to address these needs.

27 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

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28

Managing Risk Is Sharing Caring?

By Wendy Tucker, AU, SDRMA Member Services Manager Special districts pride themselves as being a community partner and will often make great efforts in spreading awareness, providing recreational activities as well as access to facilities and equipment for the public. It seems like a good idea to get a common goal completed. But what are the risks of allowing the public to use district owned equipment? Are you covered if a user causes property damage or bodily injury to another person or property, while using the district’s equipment? Let’s discuss.

Understand how your insurance policy works: Leasing to other individuals or groups does create an additional liability exposure for the district. Many insurance policies will not cover the liability for the acts of users other than employees. If the district is sued due to the acts of the user other than an employee, the insurance policy would not respond. Also, if the user is injured using the equipment, they could potentially also file a claim against the district for their injuries. Understanding how your policy works and if you are protected will help identify what additional coverage may be needed to allow others to use the equipment.

Consider creating a rental agreement with insurance requirements: Having a written agreement in place assures there is a common understanding of the terms of using the equipment in case of a loss. The lessee should have their own insurance naming the district as an additional insured. You may also consider requiring the user to have insurance that covers the equipment if it is damaged, lost or stolen. When loaning out equipment think of yourself as a rental company, similar to Sunbelt or United Rentals. They utilize a “Terms of Use” agreement to mitigate exposure.

Utilize the Manufacturer’s Operating Manual: The district should follow all requirements in the Manufacturer’s Operating Manual when using equipment; including safety requirements, set up, inspections, operations, and other factors. If you consider renting it out, you should be diligent about following and documenting the inspection and repair/replacement requirements.

Always provide access to the manual, whether it’s a hard copy or online link. The rental agreement should reference adherence to the manual’s requirements including requiring that the renter wear any PPE required in the manual as well as other PPE requirements based on the renter’s specific operation. If the district rents the equipment to another employer, then the employer must also ensure they are complying with Cal/ OSHA requirements when their employee operates the equipment.

Document inspections and maintenance: Documenting all inspections and maintenance is a critical step in verifying that the equipment is being kept in safe working order. If the equipment malfunctioned and caused loss or injury the district could potentially be liable if the equipment was not properly maintained.

Providing new services may create an exposure for a loss but with a thorough evaluation process, steps can be taken to reduce this exposure so you can continue to provide needed services to your community. Contact your risk manager or risk management provider for assistance with creating an effective plan to offer services in the safest way possible.

29 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

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30

Ask the Experts Decoding Meeting Requirements of AB 2449

By Kristin Withrow, CSDA Communications Specialist; adapted from the presentation “Brown Act in a Modern World” by Nicholas R. Ghirelli, Richards Watson & Gershon at the 2023 CSDA Board Secretary/Clerk Conference In the ever-evolving landscape of governance, staying abreast of legal amendments is paramount for the smooth functioning of any board. Special districts in California, in particular, need to acquaint themselves with the recent modifications to the Brown Act, specifically the introduction of AB 2449. This legislation, signed into law, ushers in a new (optional) set of teleconferencing regulations for board meetings. Originally implemented as urgent legislation in response to the COVID-19 pandemic, AB 361 provided a lifeline for board meetings to persist during states of emergency. However, when the pandemic state of emergency concluded on February 28, 2023, the need for AB 361 subsided. Enter AB 2449, the successor that seeks to bring flexibility to remote meeting options but it’s not without its intricacies.

Key Considerations for Special District Meetings

AB 2449 introduces a set of guidelines for local agency legislative bodies, presenting an alternative teleconference

option until January 1, 2026. Under AB 2449, meeting agendas carry additional responsibilities: • The agenda must specify how the public can access the meeting and participate in public comments.

• Public attendance and comments to the board must be feasible through call-in options, internet-based services, and in-person attendance.

• Members participating by teleconference must have both video and audio operational.

• In case of disruptions to the online link, hindering the broadcast or public comment options, the legislative body is precluded from further action on agenda items until the link is restored.

• The public cannot be required to submit comments in advance of the meeting.

• Real-time opportunities for the public to address the board are required.

• A quorum must participate from a designated physical location within the jurisdiction which must be disclosed on the agenda with public access. continued on page 32...

31 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

ASK THE EXPERTS

Nuances and Limitations of AB 2449

Limitations exist on how often a member may use the teleconference option, restricted to situations of “just cause” or “emergency circumstances.”

California Special Districts Association Districts Stronger Together

Teleconference “Just Cause”

Members can teleconference under “just cause” for reasons such as childcare, illness, physical or mental disability, or official travel. Notification to the legislative body, including a general description of circumstances, is mandatory, and the notification can be made up to the start of the meeting.

Expand Your Knowledge With Our Suggested Reading List!

Teleconference “Emergency Circumstance”

Learning doesn’t stop when the conference concludes. Check out some of CSDA’s favorite books. Order copies at csda.net/books.

In the event of a physical or medical emergency preventing attendance, a member may teleconference with the approval of the legislative body. The Board Secretary/Clerk must note a brief description of the circumstances in the minutes (it is not necessary to divulge medical information).

How Often Can a Member Teleconference under AB 2449?

Members can use “Just Cause” teleconferencing for only two meetings annually.

In no case may a member participate remotely for more than three consecutive months, 20% of regular meetings, or a maximum of two meetings for bodies convening fewer than 10 times annually.

Navigating the intricacies of AB 2449 is imperative for special districts in California as they conduct their board meetings in 2024. Understanding the nuanced requirements, agenda stipulations, and limitations on teleconferencing occurrences will ensure compliance and foster transparent governance in the ever-evolving landscape of remote meetings. As special districts adapt to the post-pandemic era, embracing these legislative changes will be key to the lawful operation of board meetings in California. For a more thorough explanation of changes to the Brown Act and other laws taking effect in 2024, please see the CSDA New Laws of 2024 publication.

This information was provided for general information only and is not offered or intended as legal advice. Readers should seek the advice of an attorney when confronted with legal issues and attorneys should perform an independent evaluation of the issues raised in this session

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TEMECULA CENTRAL COAST SACRAMENTO

Solutions & Innovations Rancho Water Energy Demand Response Program

By Kristin Withrow, CSDA Communications Specialist Between the Southern California heat waves and chilly winter nights, the cities of Temecula and Murrieta find themselves at risk for rolling blackouts due to peaking energy demands. To ease the burden on the energy utility and free up much needed kilowatts for its customers, Rancho California Water District (Rancho Water) has employed a number of energy-saving solutions including installing solar facilities, utilizing Supervisory Control And Data Acquisition (SCADA) equipment, and partnering with a company called Enersponse on a Demand Response program.

For Rancho Water, groundwater pumping and booster pumps account for nearly 82% of its electricity usage as it moves water to its more than 45,000 accounts and through nearly 1,000 miles of pipeline. The district realizes its impact in the community is about more than moving water, it is also working to protect the environment and create long-term, innovative solutions to costly energy demand issues. As such, Rancho Water maintains four solar

facilities with thousands of solar panels which meet more than 25% of the district’s annual electric requirements and saves nearly $1 million every year.

In addition, the district initiated market-leading SCADA system enhancements and decision-making tools to enable its operations staff to increase operational efficiency and reduce energy use and costs. With the data produced

by SCADA, Rancho Water can leverage surplus water pumping and storage capacity in order to shut off 28 of its 31 potable water pump stations during periods of high electricity demand. The SCADA system allows the district to automatically conduct real-time pump efficiency tests using flow, suction, pressure, and energy use data.

Taking their energy saving, community partner mindset further, in 2022 Rancho Water partnered with Enersponse on a Demand Response Program to open communication lines between the water district and the energy company to provide the best insight into energy saving capacity.

The program allows Enersponse to advise Rancho Water

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SOLUTIONS & INNOVATIONS

“At Rancho Water, we have set ambitious goals to reduce energy usage and increase operational efficiencies. We recognize that the impact of our operations goes beyond just delivering water; it’s about being environmental stewards and finding innovative, long-term solutions,” said Robb Grantham, Rancho Water General Manager.

“Rancho Water’s multi-faceted approach to efficiency not only benefits our community but also saves us significant costs, reinforcing our commitment to sustainability.”

24 hours in advance when extreme energy demand is imminent, such as during a summer heat wave. The information allows the district to determine if and how it can reduce energy use during the critical period by switching off pump stations or moving to generators.

Notably, there is no cost to participate in the program and it requires minimal staff time. Both Rancho Water and Southern California Edison (SCE) benefit from the partnership, as Rancho Water’s participation sheds electricity demand from SCE; this mutually beneficial impact resulted in zero cost programs for both companies.

In addition, there is no penalty for times when a demand response event is advised and Rancho Water determines is will be unable to reduce pump usage during the timeframe.

The program has seen success on many levels. In one quarter, the district contributed to energy savings over three demand response events that resulted in a return of $70,000 from Enersponse. Overall, Rancho Water participated in 10 demand response events in its first year,

contributing to a savings of more than $3 million annually for all of its energy savings programs and projects.

Water districts interested in replicating the results of the energy demand response program would need to have a SCADA system or comparable data acquisition software that enables real-time adjustments to equipment and pumps, as well as the potable water surplus capacity to enable the shutdown of water pumps during peak demand.

For Rancho Water, participation in the demand response program has met all its goals. The district anticipates continued improvement as the program continues. The energy usage reduction during peak periods not only saves money, but allows the district to better serve its customers and help meet California’s needs, reducing energy consumption during peak periods and leading the way to an energy efficient future.

35 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

Manager's Corner When Boring is Good:

A Guide to Navigating a First Amendment Audit

By Kristin Withrow, CSDA Communications Specialist In an age where social media influencers seek to capture every moment for their online audience, public agencies find themselves increasingly under the lens of self-proclaimed citizen journalists conducting what is known as a “First Amendment Audit.” These audits involve individuals entering public spaces such as government offices, armed with video cameras to challenge and document employees’ understanding of public access rights. As this phenomenon gains momentum, agencies must be prepared to handle these situations with poise and professionalism.

Understanding the Challenge Imagine ordinary workdays interrupted by auditors wandering through office spaces, checking if doors are locked, and filming staff,

doorways, and security cameras.

Emily Barnett, Communications & Government Relations Manager at Central Contra Costa Sanitary District, recalls her agency’s encounter with auditors: “A portion of our facilities are public, and we have people come in all the time. While I think auditors’ intentions of testing government’s openness and transparency are wellmeaning, their approach seems to be to have agencies or employees overreact. They’re trying to get the strongest reaction they can in order to get more clicks.”

First Amendment auditors aim to provoke reactions that can be monetized on social media.

Agencies become unwitting actors in confrontational footage that garners attention. The discomfort for agency employees is palpable, and it is imperative for leaders to prepare their

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teams for such scenarios.

The Importance of Preparation

Both Central Contra Costa Sanitary District and Contra Costa Water District have faced these audits and emphasize the need for proactive preparation. Barnett advises, “There are things done off-camera that seem meant to antagonize employees.” The key, she suggests, is to be customerfocused, empathetic, and, well, “boring” and treat auditors like any other members of the public. “If the auditor’s goal is to provoke overreaction, anger, and closing off, do the opposite - be calm, empathetic, and overly transparent. Our employees even encourage auditors to attend a treatment plant tour to learn more about the work we do.”

MANAGER'S CORNER

“If the auditor’s goal is to provoke over-reaction, anger, and closing off, do the opposite - be calm, empathetic, and overly transparent. Our employees even encourage auditors to attend a treatment plant tour to learn more about the work we do.”

Emily Barnett Central Contra Costa Sanitary District

Jennifer Allen, Director of Public Affairs for Contra Costa Water District, adds, “The more information that’s out there letting people know these people have the right to be in the public areas of our offices and to film, the better we are prepared.”

Each of these agencies has done assessments of their own to ensure signage is in place to properly delineate public and non-public access points.

They’ve also ensured locking doors and coded access points reinforce which spaces are out-of-bounds. Staff and contractors are trained to ensure locked areas are kept secured and doors are not left propped open.

Key Strategies for Agencies

Ryder Todd Smith, President at Tripepi Smith, a provider of marketing, technology and public affairs consulting services, emphasizes that agencies need to adopt a trustbuilding attitude. “Even if we have

not done anything as agencies to contribute to a lack of trust in government, we should take a trustbuilding attitude towards these things,” says Smith.

4. Provide Public Information: Educate the public and staff about auditors’ rights. Transparency builds understanding and reduces the likelihood of confrontations.

1. Implement Staff Training: Agencies should provide comprehensive training to staff at all levels to ensure a consistent response.

5. Minimize Reactions on Video: Recognize the economic motivation behind these audits— sensationalized reactions garner more attention. Maintaining a calm and professional demeanor minimizes the impact of the audit.

2. Establish Point Persons: Designate senior staff members as point persons to handle auditor encounters. This ensures that front desk staff can call for assistance and feel supported throughout the visit.

3. Develop Clear Protocols: Conduct safety overhauls, update signage, and secure passages to non-public spaces. Implement electronic key access for doors leading to restricted areas. Clearly delineate public and non-public spaces to avoid any ambiguity.

In the face of First Amendment auditors, agencies must be proactive in their approach. By preparing staff, implementing clear protocols, and fostering transparency, agencies can navigate these uncomfortable situations with professionalism. As the social media landscape continues to evolve, agencies must stay vigilant, adapting their strategies to ensure a balanced and informed response to First Amendment audits.

37 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

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Celebrating a Robust Year of Impact!

Districts Make the Difference celebrated over 2.5 million views of our social media posts in 2023. Our public awareness campaign is creating waves of positive impressions across the United States. Our mission is simple: amplify the good news stories from special districts all over the country. To join in the good vibes, all you need to do is tag your district’s favorite good news stories with the Districts Make The Difference handle, @LocalDistricts on Facebook, Instagram, LinkedIn and Twitter. By doing so, you not only contribute to a growing wave of positivity but

also help us reach more people, amplifying the impact of these inspiring stories.

We kick the year off with our wildly popular high school student video scholarship contest! The participation is growing every year, with submissions from 22 states in 2023. Ensure California stays on the board by spreading the word in your communities. We can’t wait to show off the creative, informative and entertaining videos the students come up with in 2024.

39 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

Money Matters Financial Reports for Special Districts

By Paula Hansen, CSDM, Administration Manager, Southgate Recreation & Park District

Keeping track of financial reporting requirements can be confusing. Which reports are required? Who do we submit reports to? When are they due? Our district is an independent district, do we have to send audits to the County? Preparing financial reports requires expertise, software, and appropriate financial policies and procedures.

Accounting for government agencies is different than accounting for private industry. Audits can be costly. With limited resources, prioritizing financial reports required by law is essential.

The California State Controller’s Office (SCO), County Auditor-Controller’s Offices, and California State Treasurer’s Office are responsible for reviewing, interpreting, and summarizing financial information for the public, California State Legislature, and other officials.

Special districts are required to submit audited financial statements, annual financial transactions reports, bond reports, retirement system reports and government compensation reports. Here is a summary of legally required financial reports:

A valuable resource to help districts identify mandatory financial reporting requirements and establish accounting procedures is the Special District Uniform Accounting and Reporting Procedures, which is a comprehensive accounting manual prepared by the California State Controller’s Office. It is updated on a regular basis to include new accounting standards and relevant legislative updates.

Valuable information includes an explanation of Generally Accepted Accounting Principles (GAAP) as prescribed by the Governmental Accounting Standards Board (GASB).

The minimum requirements for establishing an accounting system for special districts are described, which may be helpful for small districts and districts with limited resources to establish financial systems to meet their specific needs.

Audited Financial Statements

Annual audits may be required for compliance with Government Code 26909. There are provisions for special districts that meet specific requirements to request approval from the county board of supervisors for alternate options such as biennial audits or limited financial reviews.

Audits must be submitted to the SCO, County Auditor and local agency formation commission of the county within 12 (twelve) months of the end of the fiscal year.

Special Districts Financial Transactions Report The Special Districts Financial Transactions Report (FTR) summarizes the complex information from over 3,300 special districts in California on the SCO website. To

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MONEY MATTERS complete your FTR, go to the SCO website for instructions at and enter the data from your district’s audited financial statements. They also request information on debt issuances and parcel taxes. The FTR is due seven months after the end of the fiscal year. For districts with a fiscal year ending June 30, the report is due on January 31 the following year. This report is required by Government Code 53891. Penalties for failure to report or falsification are significant. Be sure to post a link to the SCO website on your district’s website to complete the requirement.

Government Compensation Report

Local government agencies are required by Government Code 53890-53891 to submit information on annual compensation to the State Controller’s Office each year.

Reports for the calendar year are due on April 30 of the subsequent year. For example, the 2023 compensation report is due April 30, 2024. An Excel spreadsheet template and instructions are available on the SCO website. The report includes positions, annual pay, salary ranges and benefits. Much of this information comes from employee W-2 forms, payroll, and benefit records. Employees’ names are not included in the report for the California State Controller’s Office. However, organizations frequently submit Public Records Act requests for the report with employees’ names added. We find that preparing this information at the same time is efficient.

Public Retirement Systems Financial Transactions Report Special districts that maintain a public retirement system are required to submit an annual Public Retirement Systems Financial Transactions Report to SCO. Like the Special Districts Financial Transactions Report, SCO collects financial information in a standardized format and audited financial statements are required. Reports are due within six months of the close of the fiscal year. For fiscal years ending on June 30, reports are due by December 31.

For defined benefit plans, an actuarial valuation report is required at least every three years. Reports are filed online using the Local Government Financial Reporting System.

Debt

Public agencies that issue debt must report the issuance and annual reports to the California State Treasurer’s Office. Your district’s bond counsel will assist with the issuance reports. In addition, most debt issuances have annual continuing disclosure requirements as described in the issuance documents. The California Debt and Investment Advisory Commission website is a fantastic resource.

Identifying the financial reports that are required by Government Code will help your district meet these requirements, so that you can focus on the essential and unique services that you provide to your communities!

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NSDC NSDC Celebrates Milestones in 2023, Presses Forward with Key Priorities in 2024

The National Special Districts Coalition in its fifth-year experienced growth, strengthening and development the federal advocacy efforts, increased capacity to provide resources of interest to the nation’s special districts, and an early foundation for Coalition action beyond securing a federal “special district” definition.

Working Toward a Federal “Special District” Definition

Much of NSDC’s legislative focus in 2023 remained on development and advancement of the definition. A national working group developed, and the NSDC Executive Committee – of which the California Special Districts Association is a member – approved a formal “special district” definition in May 2023, marking its first milestone.

The second was achieved when the Coalition secured a bipartisan pair of Representatives –Pat Fallon, R-Texas, and Brittany Pettersen, D-Colo. – to lead what is expected to soon become the “Special Districts Recognition Act.” As our Advocacy Team works to advance the definition to bill introduction, key stakeholders on the House Committee on Oversight and Accountability, which has jurisdiction over federal and intergovernmental organization issues, continue to study NSDC’s proposal with vetting from numerous third parties. NSDC is committed to advancing the soon-to-be “Special Districts Recognition Act” with the advocacy of its grassroots supporters, to President Biden’s desk in 2024.

The Coalition’s advocacy will not stop with the success of the “Special Districts Recognition Act.” The proposal’s intent is to give the U.S. Census Bureau the clarity it needs to efficiently interpret and understand special districts as a form of local government in the same fashion it, and other federal agencies, interpret and understand counties, cities, towns, and school districts. Further goals on this priority include partnering with the Census Bureau to increase special districts’ participation in the semidecennial “Census of Governments” in 2027. In doing Photo by Devin Avery on Unsplash.

continued on page 44...

NATIONAL SPECIAL DISTRICTS COALITION

so, federal agencies will have a clearer understanding of special districts as a significant element of American local government. Finally, NSDC’s objective is to earn agencies’ recognition of special districts as geographic entities by 2031, which would grant districts federally-recognized household and population data.

Expanding Local Government Advocacy Connections

There was much more to NSDC’s advocacy on and off Capitol Hill for 2023. The Coalition made inroads with fellow local government organizations at the national level. NSDC became a member of the Government Finance Officers Association’s “Public Finance Network,” a well-known and respected coalition of public finance professionals and advocates in Washington. As a result, NSDC is a recognized stakeholder in government finance policy and was able to join, for the first time, peer associations on a Supreme Court Amicus Brief arguing against sequestration of Build America Bonds interest subsidies over the past decade. Although the Supreme Court declined the petition, NSDC marks inclusion as a voice on this issue as a significant step into becoming a recognized force of local government.

CSDA has successfully developed its relationship with the California State Association of Counties over the decades of advocacy on local government issues in Sacramento.

Similarly, NSDC has been developing a similar relationship with the National Association of Counties, or NACo. Marking another significant milestone in 2023, NSDC was afforded the opportunity to present an overview of special districts issues and general opportunities to collaborate to NACo’s county members. The Coalition will continue developing this relationship and others like it in 2024.

Finally, NSDC coordinated a coalition of 75 districts, cities, and counties supporting fire departments’ ability to fight wildfire with federally reviewed and approved fire retardant without concern of violating the Clean Water Act. NSDC continues to build this coalition in support of Congressman Doug LaMalfa’s, R-Calif., H.R. 1586, the Forest Protection and Wildland Firefighter Safety Act, along with S. 796, which is sponsored legislation by Senator Cynthia Lummis, R-Wyo.

Coalition Engagement The Coalition offered to special districts its first webinar series in partnership with The Ferguson Group and Paragon Government Relations. The three-part summer webinar series, available online, on-demand at no cost for NSDC/CSDA members covers best practices for grants strategy, prioritization, and research; approach to key advocacy topics; and a synopsis of the federal earmarks program for special districts. NSDC districts also received access to resources and best practices for public fund investment from Public Trust Advisors, an NSDC Platinum Affiliate and principal of California CLASS, and ADA compliance resources from Streamline, a NSDC Gold Affiliate. As the Coalition’s affiliation program continues to grow in 2024, NSDC is excited to offer more webinars and resources for our special district members across the country.

Districts Make the Difference Continues to Grow

The Districts Make the Difference (DMTD), the public awareness campaign for special districts which originated in California, grew substantially in 2023. As of Thanksgiving 2023, the campaign had more than 2.5 million impressions on DMTD’s social media platforms across the country, further elevating awareness of special districts and the services they provide to millions every day.

Central to DMTD is the annual Student Video Contest, a scholarship program for high school students to create 60-second videos highlighting the significance of special districts. Submissions to the national contest increased to 22 from 14 states, marking a 57 percent increase in states with contest entries from its first year accepting national submissions in 2022. The DMTD for public awareness and NSDC will synergize for further growth of the campaign in 2024.

For questions on NSDC priorities and goals in the year ahead and more information on Coalition programming, contact Cole Arreola-Karr, NSDC Federal Advocacy Director, at colek@nationalspecialdistricts.org.

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Legal Brief Updated Rules Restricting Artificial and Prerecorded Calls Apply to Local Governments Background on the Telephone Consumer Protection Act

By Gerard Lavery Lederer, Partner and Gregory Caffas, Associate, Best Best & Krieger

Updated TCPA Rules

Congress enacted the Telephone Consumer Protection Act (TCPA) in 1991 to address the growing number of uninvited marketing calls. The TCPA restricts the making of calls using automatic telephone dialing systems and artificial or prerecorded voice calls, as well as telemarketing calls to numbers on the “National Do Not Call Registry.” There are generally two exceptions to TCPA enforcement: (i) calls made for emergency purposes and (ii) calls made with the called party’s prior express consent to receive such calls.

The FCC Report and Order implementing the TRACED Act2 (TRACED Order) adds the following restrictions to existing TCPA consent exemptions for artificial or prerecorded voice calls made to residential lines. Note that while as-written these updated rules apply to calls to residential lines, federal courts have ruled that a cell phone can satisfy the residential telephone subscriber element of the TCPA’s rules.3

This article discusses the Federal Communications Commission’s (FCC) most recent updates to the TCPA’s implementing rules in response to the passage of recent Congressional direction (the TRACED Act1) aimed at streamlining enforcement of “robocall” violations. These updates became effective on July 20, 2023. Callers must be mindful of these rules because liability can be massive — the TCPA allows for private rights of action with base statutory damages of $500 per violation, or $1,500 per violation if knowing and willful. And as discussed below, these rules apply to local governments and municipal utilities.

Limit on Exempted Calls: Previously, if a call fell into an exempted category, namely non-commercial calls, commercial calls that do not include an advertisement or constitute telemarketing, tax-exempt nonprofit organization calls, and HIPAA-related calls (collectively, Exempted Calls) there was no limit on the number of artificial or prerecorded voice calls that could be made to a residential line without the recipient’s prior express consent. Per the updated rules, even Exempted Calls are limited to no more than three calls in a 30-day period (with the exception of HIPAA-related calls, which are limited to one call per day and a maximum of three per week).

46

LEGAL BRIEF

• Opt-out Requirements: The TRACED Order imposes the requirements that on all Exempted Calls to residential lines utilizing an artificial or prerecorded voice (1) the caller identifies him or herself, and within two seconds of identifying themselves, (2) provides an interactive voice and/or key press-activated opt-out mechanism for the called person to make a do-not-call request. The caller must immediately terminate the call following a do-not-call request.

• Do-Not-Call Policy: The TRACED Order extends the TCPA’s company-specific do-not-call rules to any person or entity making Exempted Calls utilizing artificial or prerecorded voice, regardless of whether the calls are telephone solicitations.

to obtain prior express consent to send informational automated calls and texts when students’ parents/ guardians and customers simply provide their contact information. This standard is significantly less arduous than the TCPA’s typical requirements for obtaining a recipient’s prior express consent to receive automated or pre-recorded calls.

Local Government Guidance

Conclusion

In December of 2020, the FCC affirmed that “local government entities, including counties, cities, and towns, are ‘persons’ within the meaning of [the TCPA’s automated and prerecorded voice provision] and are, therefore, subject to the TCPA.”4 Local governments must be vigilant in ensuring TCPA compliance before sending any automated messages or calls. There are, however, exceptions to the rules available to local governments that may not be available to non-government callers.

Governments’ calls are more likely to be considered to be for emergency purposes and therefore not subject to TCPA liability. As the FCC held in its 2016 Blackboard/Edison Declaratory Ruling5 (Edison Ruling), the TCPA’s emergency purpose exception is to be interpreted broadly. Messages that relate to public health and safety (e.g., school closure notices, utility outages and maintenance notices, and COVID-19 alerts) are generally immune from TCPA rules.

Callers should remain wary, however, that non-emergency messages may still be considered subject to TCPA enforcement.

The Edison Ruling also specified that certain public entities, such as schools and utility companies, are able

FCC Chair Jessica Rosenworcel explained: “If you have provided energy and utility companies with your number, they can reach out to you when the power goes out, when service is being restored, and when dangerous work is being done on electrical facilities near your home. In other words, they have the ability to reach out to you when safety is at stake.”

The world of TCPA compliance can be difficult to navigate and presents liability landmines, even for local governments. With the rollout of the FCC’s new TCPA rules, we recommend that government and private entities alike seek legal guidance before employing the use of automated or prerecorded messages.

Disclaimer: This article is not intended as legal advice.

Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

The Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, Pub. L. No. 116-105, 133 Stat. 3274, § 8 (2019) (TRACED Act).

2 In the Matter of Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, 35 FCC Rcd. 15188 (2020); see also In the Matter of Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, Notice of Proposed Rulemaking, DOC39514A1 (May 19, 2023).

3 See, e.g., Stevens-Bratton v. TruGreen, Inc., 437 F.Supp.3d 648, 655 (W.D. Tenn. 2020).

4 In the Matter of Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, 35 FCC Rcd. 15052 (2020).

5 In the Matter of Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, 31 FCC Rcd. 9054 (2016).

1

47 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

Got Governance?

Your Essential Governance Resources in 2024 As we usher in a new year in 2024, the landscape for special districts in California is brimming with opportunities for growth.

The California Special Districts Association stands as an invaluable resource for those committed to enhancing their knowledge.

Here are some of our most popular governance resources geared for Board Members:

Newly Revised Board Member Handbook CSDA’s newly revised Board Member Handbook serves as an indispensable resource for board members across all types of special districts. It encompasses a wealth of information,

illuminating the commitments, responsibilities, and resources that are pertinent to board members. Whether you are a seasoned pro or just starting on your journey, this handbook is your comprehensive guide to the intricacies of governance in special districts.

CSDA Core Resource Required Webinars

In today’s fast-paced world, staying compliant with required training is essential. CSDA offers core resource webinars, including ethics compliance and sexual harassment prevention webinars, tailored specifically to meet the needs of special districts.

These webinars provide the latest information on requirements and best practices, enabling you to stay

48

in compliance and safeguard your district’s reputation.

Board Member Resources Page

Navigating the sea of information and resources can be a challenge, but CSDA has simplified the process.

The Board Member Resources page, available at csda.net/learn/ board-member-resources, bundles specific items for your role into one convenient webpage, such as quick access to required training you can take when it fits your schedule. This centralized hub is a treasure trove of knowledge, offering a seamless experience for accessing the tools and materials you need to fulfill your role.

GOT GOVERNANCE?

Special District Leadership Academy (SDLA)

With three locations to choose from in 2024, this is groundbreaking curriculum targeted for new and seasoned board members. SDLA provides the knowledge base to perform essential governance responsibilities, concentrated into four modules for new attendees and expanded into a variety of advanced track opportunities for those returning to SDLA year after year.

Brown Act Compliance Manual

A fundamental aspect of special district operations, the Brown Act governs meetings, ensuring

transparency and accessibility to the public. CSDA’s Brown Act Compliance Manual is your go-to resource for understanding the Brown Act, as well as guidelines and tips for complying with various meeting agenda, notice, public participation, and public reporting requirements. It’s a musthave tool for conducting meetings with precision and transparency.

Parliamentary Procedures

For those grappling with the intricate dynamics of meetings and decision-making, CSDA offers the comprehensive guide, Parliamentary Procedures. This resource covers everything from the order of business to different types of motions and how to handle them. Efficiently conducting

compliant meetings is vital in achieving the goals of your special district, and CSDA’s guidance in this area will prove invaluable.

As we step into 2024, the California Special Districts Association stands as a beacon for special districts seeking to elevate their special district.

Whether you are new to the role or a seasoned expert, the friendly and upbeat tone of CSDA’s resources encourages a pursuit of knowledge to enhance your effectiveness. Make 2024 the year of growth and achievement by leveraging the invaluable resources provided by CSDA and watch your special district soar to new heights.

49 | CALIFORNIA SPECIAL DISTRICTS January-February 2024

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Actuarial Retirement Consulting

As a diamond level CSDA member, ARC stands ready to provide a checkup of your GASB requirements, plus valuation reports and consulting services, all at a discount to CSDA members.

Camarillo Health Care District Chief Administrative Officer Sonia Amezcua has appreciated the easy process utilized by ARC in their consulting practice. “The process is very easy, they are readily available and respond to questions timely.

They provide a template of all of the data they need and it’s easy to follow,” said Amezcua.

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

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