California Special District: Buyers Guide

CA SPECIAL

DISTRICT Publication of the California Special Districts Association

Achieving business excellence – Interview with John Spence

Volume 9, Issue 3, May - June 2014

Dealing with crises and those who cause them

Buyers Guide Edition

SPECIAL DISTRICTS GET SPECIAL TOOLS IN THE WEST.

For the CSDA District Purchasing Card that can improve expense control and cash flow, go west.

• Streamline your procurement process for potentially greater efficiency • Monitor employee spending that may help control costs • Receive reporting online that may save time Subject to credit approval.

To sign up today, please call (866) 588-1358 2

Member FDIC. ©2014 Bank of the West.

Volume 9, Issue 3 • May - June 2014

Contents

8

CSDA’s Special Districts Legislative Days

Recapping the 2014 Conference Event

18

Achieving business excellence Interview with John Spence

6 CSDA News CSDA’s new training center; Bank of the West presents check; Affiliated chapters; Successful audit; SDLD recap 16 In Brief Girl scouts join water district in war against sewer grease; Hospital thrift store reaches $1 million in sales; Recreation district offers swim scholarships; Grant funds school garden; First tsunami-resistent port on the west coast constructed; Park now irrigated with recycled water; CSD’s fields get water-wise makeover

40

Getting information out about the drought

38 Solutions & Innovations Master plan continues a long tradition 40 Community Connections Getting information out about the drought 42 Legal Brief California Supreme Court to decide: Is a prevailing defendant in an employment discrimination lawsuit entitled to recover litigation costs from the plaintiff?

44 SDLF General Managers - Are you ready to be certified?

50

Money Matters

Accessing the drought grant funding before they dry up!

48 Managing Risk Labor law–Exhaustion of administrative remedies required 52 What’s So Special Volunteers jump in to help speciesMarin Municipal Water District

Buyers Guide Page 27 Printed on recycled paper.

California Special District – May-June 2014

CA SPECIAL

DISTRICT © 2014. California Special Districts Association.

All rights reserved.

Officers

CEO’s message

Noelle Mattock, President El Dorado Hills Community Services District

New District NetWorks Program:

Steve Perez, Vice President Rosamond Community Services District Vincent Ferrante, Secretary Moss Landing Harbor District William Nelson, Treasurer Orange County Cemetery District

Next step in providing more to CSDA Members

Stanley Caldwell, Past President Mt. View Sanitary District

Members of the Board Jim Acosta, Saticoy Sanitary District Steve Esselman, North of the River Municipal Water District Elaine Freeman, Rancho Simi Recreation & Park District Jo MacKenzie, Vista Irrigation District Greg Orsini, McKinleyville Community Services District David Pierson, Sacremento Metropolitan Fire District Ginger Root, Country Club Sanitary District Timothy Ruiz, P.E., East Niles Community Services District Phil Schoefer, Western Shasta Resource Conservation District Sherry Sterrett, Pleasant Hill Recreation and Park District Elaine Sullivan, Leucadia Wastewater District Kathy Tiegs, Cucamonga Valley Water District John Woolley, Manila Community Services District

CSDA Staff Neil McCormick, Chief Executive Officer Megan Hemming, Professional Development Director Cathrine Lemaire, Member Services Director Kyle Packham, Advocacy & Public Affairs Director Todd Winslow, Publications Director Emily Cha, Staff Assistant Nicole Dunn, Editor Sharon Foster, Professional Development Assistant Monica Greenberg, Business Development Specialist Dorothy Holzem, Legislative Representative Jess Lima, Legislative Assistant Christina Lokke, Legislative Representative Charlotte Lowe, Executive Assistant Jimmy MacDonald, Legislative Analyst Miryam M. Barajas, Public Affairs Specialist James Wilfong, Senior Designer Travis Wills, Member Services Specialist Rick Wood, Finance Manager For editorial inquiries, contact Nicole Dunn at 877.924.2732 or nicoled@csda.net.

For advertising inquiries, contact Diana Granger, Granger Marketing Works, at (530) 642-0111 or granger@cwo.com.

1112 I Street, Suite 200 Sacramento, CA 95814 t: 916.442.7887 f: 916.442.7889 toll-free: 877.924.2732 www.csda.net A proud California Special Districts Alliance partner

Neil McCormick

I

probably don’t need to tell you that what makes special districts so effective is their local connection to the public and communities. Learning from what makes districts so effective, CSDA wants to do the same for our members, so I am proud to announce the launch of our new District NetWorks program.

The CSDA Board of Directors has been hard at work developing a multi-year strategic plan focused on providing even more value to CSDA members. A significant part of this new plan includes launching the new District NetWorks program to deliver more resources and tools into each of our six networks throughout California. Over time, we plan to not only have our CSDA delegates (board members) in each network equipped to engage and work with you, but to also have dedicated CSDA staff to assist districts locally in grassroots and outreach efforts.

So, you may be asking, “why is this important?” or “why should I care?” The answer is pretty straight-forward, actually.

Not only will this new program bring CSDA closer to you so we can better understand and assist with issues you care about, but we believe it will have a significant impact in the long-term - throughout the state - for all special districts.

Some of those benefits include: • Maximizing district grassroots action potential on statewide issues • Increasing awareness of special districts and their importance in communities 4

• Facilitating direct peer-to-peer/ agency collaboration locally • Effectively delivering CSDA resources that you need locally • Presenting a unified special district voice in grassroots and advocacy efforts

Ultimately, the heart of District NetWorks consists of district leaders – like you – inspiring and catalyzing action and collaboration in your own communities.

Ultimately, the heart of District NetWorks consists of district leaders – like you – inspiring and catalyzing action and collaboration in your own communities.

Through CSDA, District NetWorks will assist, facilitate and equip special districts with tools and resources to connect and take action on issues concerning your district - locally and statewide.

In the upcoming issues of CA Special District, you’ll see highlights of our various networks throughout the state. In this issue, we are featuring the Northern and Sierra Networks, starting on page 10.

Additionally, you can learn more about District NetWorks and your network delegates by visiting www.csda.net and clicking “About CSDA.” Stay tuned, there is much more to come from CSDA!

Highlight

Become a Better Manager - GM Leadership Summit has the tools!

CSDA invites you to devote two days of your time to becoming a better manager at the GM Leadership Summit. The GM Leadership Summit, a leadership conference for general managers and other management staff in special districts, will be held June 22 – 24 at the Resort at Squaw Creek.

Opening keynote presenter, John Spence, will reveal the six key strategies that create a foundation for excellence in your district. Patrick Ibarra of the Mejorando Group will show government leaders how to develop their leadership playbook for these uncertain times. CSDA Advocacy and Public Affairs Director Kyle Packham will present a Mid-Year Legislative Update to keep you informed on critical legislation and public policy issues impacting special districts’ revenue, governance and operations. Attendees have breakout session options that encourage them to get the information that is most applicable to their district. Attendees also benefit by having the time to network and share ideas with other managers facing the same opportunities and challenges from around the state. Be sure to check out the full conference schedule and hotel reservation information at gmsummit.csda.net. Early bird discount is available for registrations received on or before May 22, 2014.

CSDA Annual Conference Kick-off keynote speaker - Stephen M.R. Covey

Stephen M. R. Covey

Stephen M. R. Covey, author of the bestselling book, The Speed of Trust™ (and son of Stephen R. Covey, author of 7 habits of Highly Effective People™) will be presenting the opening keynote session “Leading at the Speed of Trust” at the opening general session of the CSDA Annual Conference, which will be held in Palm Springs September 29 – October 2. Mr. Covey is a sought-after and compelling motivational keynote speaker and advisor.

Attendees at the CSDA Annual Conference & Exhibitor Showcase will also have the opportunity to participate in the SDRMA sponsored breakfast/keynote session featuring “Memory Expert” Bob Gray. Bob will present the session “Experience the Power of Connections.”

Bob Gray

Room reservations are currently available at the Renaissance Palm Springs Hotel by calling 1.800.228.9290 and asking for the CSDA room rate of only $134 plus tax, single or double occupancy.

California Special District – May-June 2014

June June 4

WEBINAR

Top Ten Tips for A TroubleFree Construction Project

June 11

WEBINAR

Best Practices in Managing Special District Investments

June 22

CONFERENCE

General Manager Leadership Summit, Lake Tahoe

July 16

WEBINAR

Required Sexual Harassment Prevention Training for Special Districts

July 17

WORKSHOP

Staying in Compliance: Understanding Fundamental Special District Laws, San Diego

July 18

WORKSHOP

Board Secretary/Clerk Foundations, San Diego

July 30

WEBINAR

Legislative Round-Up

July

BOARD SECRETARY/CLERK 5th Anniversary of the Board Secretary/Clerk Conference Save the date: February 12-13, 2015 Make plans to attend the Board Secretary/Clerk Conference next February 12-13 in beautiful San Diego. Both first-time and returning attendees are encouraged to participate in this specialized conference created specifically for special district board secretaries and clerks.

Room reservations are currently available at the Embassy Suites Hotel San Diego Bay – Downtown by calling 1-800-EMBASSY and asking for the CSDA rate of only $145 plus tax single/double occupancy.

Visit us online at www.csda.net for more information.

CSDA NEWS

Left to right: Dan Cambell, Noelle Mattock, Neil McCormick and Lily Ng

Bank of the West Presents $13,000 Check for members At the April meeting of the CSDA Board of Directors, Lily Ng and Dan Campbell of Bank of the West presented a giant $13,000 check representing the total rebates earned by agencies participating in the District Purchasing Card program. Rebate checks were mailed to the individual agencies in February.

New CSDA Training Center CSDA will now be able to host trainings, workshops, board meetings and committee meetings in our facility - the new “CSDA Training Center.” Located just across the hall from the existing CSDA offices in downtown Sacramento and is able to host 30-50 attendees in person. It has capabilities to record video and audio for in person and webinar sessions as well.

Our staff has been putting the finishing touches on the Training Center and looks forward to hosting our first in-person workshop on May 19. Attendees at Special Districts Legislative Days were also welcome to attend an “Open House” at the facility at the conclusion of legislative days. Stay tuned for more education and information coming directly to you from the CSDA Training Center!

Especially developed for CSDA, the District Purchasing Card program aggregates the spend of all participating agencies to determine the rebate rate, so the more districts using the card, the greater the rebate potential. The card can be used for vendor payments, travel expenses, procurement related items, online purchases, utility bills and much more. Application forms and step-by-step instructions are available at www.csda.net. For more information, contact Member Services Director Cathrine Lemaire at cathrinel@csda.net.

More Affiliated Chapters Means Districts Stronger Together Two more CSDA chapters were recently ratified by the CSDA Board of Directors. Plumas County Special Districts Association and the San Luis Obispo County Chapter of CSDA joined the ranks of local special district associations formally affiliated with CSDA. Other affiliated groups include those in Alameda, Contra Costa, Orange, San Diego, Santa Barbara, Santa Clara and Ventura counties, and a multi-county association in the Gold Country region. continued on page 8

BLOG california special districts association

Engage in an interactive forum on the hottest issues, including breaking news from CSDA’s lobbyists.

Visit www.csda.net and sign up today.

6

CSDA Annual Conference & Exhibitor Showcase

Palm Springs The Leadership Conference for Special District Officials and Staff September 29 – October 2, 2014 RENAISSANCE PALM SPRINGS HOTEL

CSDA news [continued from page 6]

Attendees line up at the Capitol steps to begin their legislative meetings.

Special District Leaders Join Together at Capitol to lay the Foundation for a Stronger Economy - special districts legislative days California State Assembly Speaker John Pérez and Legislative Analyst Mac Taylor highlighted this year’s Special Districts Legislative Days (SDLD), where district leaders from throughout California joined together to advocate for the resources to support a stronger economy. Over 200 special district officials participated in the two-day event, May 20-21, which included legislative briefings, networking, keynotes from state leaders and interactive panel discussions.

Following years of multi-billion dollar deficits, the state is projected to have a surplus in the billions this upcoming fiscal year. During the recession, state and local governments struggled to meet service demands with fewer resources. The projected surplus is due to the strong performance of the stock market, revenue from Proposition 30’s temporary tax increase and legislative fiscal restraint. It has allowed a shift in policy discussions based on scarcity to one of rebuilding and laying a foundation for a stronger economy.

Noting the positive economic upturn, Legislative Analyst Mac Taylor’s keynote provided an analysis of California’s fiscal outlook and continued to call for continued caution. Taylor discussed the positive fiscal projections, and noted his support for Governor Jerry Brown’s plan to invest in the state’s infrastructure and deferred maintenance projects.

Community revitalization and infrastructure investment were among the hottest topics at SDLD. Redevelopment agencies (RDAs), once a nearly $6 billion program, were dissolved by Governor Jerry Brown, the State Legislature and, 8

Assembly Speaker John Pérez

ultimately, the Supreme Court in 2012. With RDA’s dissolved, the conversation has moved to what will follow and what will fund it.

CSDA Advocacy and Public Affairs Director Kyle Packham briefed SDLD attendees on the dissolution of RDAs and what it means for property tax funding. “As RDAs wind down and property tax increment is returned to local agencies, special districts are beginning to invest the revenue in the restoration of neglected core services and dilapidated infrastructure,” said Packham. But Packham expressed concern about the JEDI initiative, circulating by proponents of RDAs, which would establish a more expansive, costlier version of RDAs. “These new government agencies, dubbed ‘JEDIs,’ would be authorized to divert over $6 billion of property taxes away from special districts, schools, cities and counties

SPECIAL DISTRICTS

to subsidize private development and other activities,” warned Packham. For this reason, CSDA opposes the JEDI initiative.

Attendees learned about opportunities for special districts, supported by CSDA, to partner with cities and counties in local economic development projects that ensure accountability and promote collaboration among local agencies. This included legislative proposals that improve economic development tools, such as Assembly Bill 2280 (Alejo).

In addition, a lively panel on tax reform and infrastructure conveyed a wide-range of viewpoints.

Panelists answered questions about the future of legislative and ballot measures aiming to bring tax reform and discussed their impact on the way the state and local government invest in local and state infrastructure.

Prepared with resources to advocate for local control and responsible economic revitalization tools, SDLD attendees met with over 60 Capitol offices. Meeting with state senators, assembly members and policy staff, attendees advocated for legislation that fosters local collaboration and protects local revenue for core services provided by special districts.

This included commenting on bills dealing with property tax allocation, workforce development and new funding opportunities for “green” projects and programs.

Although the state’s positive fiscal outlook brings new opportunities, California Special District – May-June 2014

RECAP

CSDA Advocacy and Public Affairs Director Kyle Packham

Roundtable discussions

Left to right: Carol Griese, San Jacinto Valley Cemetery District; Kathy Tiegs, Cucamonga Valley Water District; Gil Navarro, San Bernardino Valley Municipal Water District; Manny Aranda, San Bernardino Valley Municipal Water District

California’s long economic downturn is being followed by a retirement wave that could leave a painful workforce gap.

An informative panel discussion on workforce development touched on programs such as Linked Learning and LaunchPad, which focus on linking students and local governments in learning opportunities with career pathways. In addition, attendees heard directly from Speaker Ementus Pérez during his keynote on his California Service Corps (CSC) proposal, which aims to provide an opportunity for today’s generation to contribute to rebuilding California while at the same time learning valuable workforce skills. Local governments would be able to apply to CaliforniaVolunteers for hosting a CSC member through a competitive request for proposal process. The CSC member would assist the local government in implementing the priorities detailed in the request.

In addition, the roundtable discussions furthered the conversation on workforce development. Attendees had the opportunity

to ask questions directly to Covered California and CalPERS. Changes to healthcare coverage and pensions are among the top issues that special districts, as employers, expressed they bear in mind when investing in workforce.

For more information regarding the topics covered during SDLD 2014, please visit www.csda.net/grassroots. CSDA appreciates all of the individuals who dedicated their time and traveled to Sacramento to learn from knowledgeable speakers and interact with their legislators.

CSDA sincerely thanks all attendees, partners, sponsors and speakers that participated in SDLD 2014. This legislative conference is only possible because of the support we receive from our partners and sponsors.

We specially recognize Special District Risk Management Authority (SDRMA) for sponsoring the legislative reception; breakfast sponsor Wells Fargo, and the other participating sponsors: California CAD Solutions Inc., California Special Districts Alliance, Special District Leadership Foundation, Meyers Nave and Nationwide.

[A three part series]

Debuting the networks Del Norte

18

X

Siskiyou

Modoc

41

28

Z Shasta Humbolt

51

Trinity

Lassen

Did you know?

Z

CSDA Affiliate Chapter Plumas County Special Districts Association

27

35

Y

17

Tehama 21

Z Glenn 26

Plumas

40

Butte 38

Network Delegates Greg Orsini, McKinleyville Community Services District “I have worked with the McKinleyville Community Service District (MCSD) for 23 years. In 1990, I was hired as a Utility Worker 1, promoted to Director of Operations in 2002 and recently appointment as general manager. I value the importance of remaining current on pending state and federal legislation as it X pertains to special services districts.”

Y

Z

Phil Schoefer, Western Shasta Resource Conservation District “Since 1976 I have been in the ranching business and currently own and operate the Schoefer Ranch, a pasture and hay ranch operation in Cottonwood, Shasta County. Prior to ranching, I was the owner/operator of Schoefer Dairy Ranch and a contractor for McCall’s Dairy. I have served as a director on the board of the Western Shasta Resource Conservation District since 1988 and from 1990 to 2000 and from 2004 to present.”

John Woolley, Manila Community Services District “I served on the Humboldt County Board of Supervisors from 1996-2008 before working for Assembly Member Wesley Chesbro, as his Field Representative from 2009-12. Prior to that, I served on the Manila CSD Board from 1981 to 1996, which during this time our district helped form, then, the Special District Insurance Authority, now SDRMA. Now retired, I serve on the Manila Community Services District Board of Directors.”

10

Northern Network

Special Districts 342 total independent special districts

northern Network Districts Water & Power Air Quality Groundwater Harbor Resort Improvement Library Transportation Drainage Reclamation Sanitary Utility Mosquito & Vector Control Healthcare Recreation and Park Irrigation Resource Conservation Water Cemetery Community Services Fire Protection

1 1 1 1 1 2 2 3 5 6 6 10 11 15 16 16 30 52 78 85

It is CSDA’s goal to work for you!

To represent you and others through localized networks, on local and state issues, so that special districts can continue delivering effective core local services. Starting in 2015, CSDA’s regions will have slightly different boundaries and an updated title! In this issue, we are proud to debut the Northern Network and Sierra Network (previously referred to as Regions 1 and 2). Each network is served by three delegates of the CSDA Board of Directors. They are your local point of contact to help you access CSDA resources. The heart of District Networks consists of district leaders – like you – inspiring and catalyzing action and collaboration in their own communities. District NetWorks will help special districts connect and take action on any issues that concern your district, locally or statewide. Stay tuned for more information.

Sierra

9

Z

Yuba

sierra Network

Nevada

Sutter

26

19

Placer

39

26

El Dorado

49

Sac.

67

Amador

X

Alpine

3

20

Calaveras

38

San Joaquin

82

Tuolumne

16

Y

Stanislaus

Did you know?

CSDA Affiliate Chapter Gold Country Regional Chapter of CSDA* Special Districts 441 total independent special districts

57

Network Delegates Noelle Mattock El Dorado Hills Community Services District “I grew-up in El Dorado Hills and proudly followed in the footsteps of my parents by serving our community. In addition to serving on the El Dorado Hills CSD Board of Directors, since 2008, I am also active with CSDA serving as the current president.

In addition, in 2011 I helped launch the Gold Country Regional Chapter of CSDA, which has a primary focus to provide local trainings for board members and staff.”

X

Ginger Root Country Club Sanitary District “It has been my privilege to serve on the CSDA Board of Directors for the last five years. I am currently a contract clerk of the board of directors and CEO of three fire districts, clerk of the board of a fourth fire district, and clerk of the board and General Manager of one sanitary district.”

Y Dave Pierson Sacramento Metropolitan Fire District “I serve in the Sacramento Metropolitan Fire District Board of Directors. I previously served as a union president. I want to take these experiences and combine them to serve you on the CSDA Board and help you get the resources necessary to ensure maintaining a high level of service delivery.”

Z

California Special District – May-June 2014

sierra Network Districts Groundwater Port Levee Maintenance Resort Improvement Air Quality Control Airport Drainage Flood Control Healthcare Transportation Memorial Mosquito & Vector Control Sanitation Resource Conservation Irrigation Utilities Recreation and Park Water Cemetery Community Services Reclamation Fire Protection

1 1 1 2 2 2 2 4 4 5 6 6 12 16 18 19 18 49 44 68 69 92

update

As the second in a year-long series featuring CSDA’s long-range policy priorities, this article focuses on Governance and Accountability and its impact on special districts.

CSDA’s policy goal aims to enhance special districts’ ability to govern as independent, local government bodies in an open and accessible manner and encourage best practices that avoid burdensome, costly or redundant requirements that seek a one-size-fits-all approach.

Governance and Accountability Each year the Legislature introduces bills seeking to impose additional local government mandates. While well-intentioned, these measures oftentimes add burdensome, costly or redundant requirements to special districts and other local agencies. In reality, transparency and accountability cannot be legislated from the top down; it must be cultivated from the ground up.

Instead of waiting for the Legislature to mandate good governance, over a thousand special districts have joined CSDA to collaborate and share best practices for engaging communities in local decision making through open, transparent and accessible government.

Many special districts continue to slowly climb out of the economic recession and overcome the loss of revenues while still maintaining satisfactory service levels. To special districts, unforeseen costly mandates are troublesome given the limited resources with which they operate.

Knowing first-hand the sharp budgetary impact of the recession, last year the Legislature made an attempt to suspend reimbursable mandates, including the California Public Records Act (PRA) and Ralph M Brown Act (Brown

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12

Many special districts continue to slowly climb out of the economic recession and overcome the loss of revenues while still maintaining satisfactory service levels.

Act) in order to avoid increasing the state’s “Wallof-Debt.” Outcry by newspaper publishers forced the Legislature to backtrack and instead pass Senate Constitutional Amendment 3 (SCA 3), which places a June ballot measure before voters to cement the PRA and Brown Act in the State Constitution—and also permanently relieve the state from reimbursing local governments for carrying out the two mandates.

Although SCA 3 rushed through legislative and fiscal committee hearings as result of negative press towards the Legislature, the measure was cleverly written in a way that allows the Legislature to impose any future local mandates related to open meetings and public records without the need for the state to provide reimbursement.

Proposition 42 and Its Impact on Special Districts SCA 3, retitled Proposition 42 for the June election, is succinctly summarized by the Legislative Analyst Office as “A yes vote on this measure means: The state would not be required to pay local governments for costs to follow state laws that give the public access to local government information.”

In some ways, voters already have spoken on the issue.

Twice. First, through overwhelming voter support of Proposition 4 (1979), where voters determined the state is required to reimburse local governments when it mandates a new program, new provision of law, or a higher level of service. The voters reaffirmed this commitment through Proposition 1A (2004), which provides that the state must fund legislative mandates on local governments or else suspend their operation.

Furthermore, voters may have already approved reversing Brown Act reimbursements through the passage of Proposition 30 (2012), the “Temporary Taxes to Fund Education” ballot measure championed

by Governor Brown. The language was tucked neatly under policies related to local community corrections boards. Those board meetings and any other meeting subject to the Brown Act do not have reimbursement status. The matter is slated go before the Commission on State Mandates at their July 2014 meeting if Proposition 42 does not win voter approval.

California Special District – May-June 2014

What does Prop 42 achieve?

If passed by voters, it adds the Brown Act and PRA to California’s Constitution giving the Acts elevated symbolic status. What affects special districts is that Prop 42 explicitly states that all current provisions of the Brown Act and PRA would become non-reimbursable mandates, removing any and all cost recovery opportunities for local governments currently afforded to them. But most concerning is that any forthcoming legislation that seeks to further the purposes of public access to information concerning the conduct of the people’s business is also exempt from reimbursement. If approved by voters, Prop 42 opens the door to new, unlimited fiscal burdens, summarized by the LAO as “potential future costs on local governments in the tens of millions of dollars annually.”

Because of these unknown costs to local governments, CSDA’s Board of Directors took a “concerns” position on Prop 42. The potential burdens may have good governance intentions but could come with hefty price tags that local agencies and the public they serve would be have to shoulder.

Some examples of new mandates attempted by the Legislature in recent years include online posting requirements for financial data and requiring all meeting materials to be posted 72 hours prior to a public meeting; translating all public meeting documents into multiple languages; requiring public agencies accept credit card payments; and making all public documents available in electronic format. The majority of these proposals were held in legislative fiscal committees because the state’s costs were too great to warrant the new expense. If Prop 42 succeeds, though, the state could pass that cost on to local agencies.

Take Action: 1. Visit the Grassroots Action Center for the latest developments on Governance and Accountability policy issues at www.csda.net/grassroots.

2. Aid advocacy efforts by answering the call to CSDA Advocacy Alerts sent right to CSDA members’ inboxes.

3. Learn about the District Transparency Certificate of Excellence offered by the Special Districts Leadership Foundation to highlight your district’s proactive efforts in delivering accountable governance and sound financial practices. More information at www.sdlf.org.

4. Take advantage of workshops, webinars and conferences organized by CSDA Professional Development to learn more about best practices in special district governance.

?

Do you have a question for any of our CSDA experts?

If so, send your question to Nicole Dunn, editor, at nicoled@csda.net.

Ask theExperts What investment instruments can special districts utilize?

This is a fairly common question, and with a little direction, there’s an answer that can actually be implemented fairly easily and to the benefit of your district. The investment of “public funds” must follow very specific guidelines and must always keep the three public fund investment goals in the proper order: 1. Safety of principal 2. Liquidity 3. Yield

rate. Also, while still staying within the guidelines, you can diversify your portfolio and use investments like CalTRUST, which uses the same guidelines and goals but takes advantage of the yield curve and adds a little duration to their investments, therefore providing a little higher yield. (CalTRUST is currently used by many California special districts, cities and counties.)

Districts can also take the Investment Guidelines to their local financial institution and in most cases find investments that meet the guidelines and goals.

Find the local agency investment guidelines here: www.treasurer.ca.gov/cdiac/laig/guideline.pdf.

That said, the guidelines and goals do not preclude the investor from taking advantage of those guidelines to earn a reasonable rate of return while still making the first two goals primary. By using well-known investment vehicles like the Local Agency Investment Fund (LAIF), or your County treasury, you can easily meet the first two goals, and still earn an investment return that generally exceeds the 90 day Treasury bill

District Snapshots

Chino Basin Water Conservation District

PHOTOS: The Chino Basin Water Conservation District (CBWCD) hosted their 22nd annual Earth Day Event in April.

Nearly 1,200 fifth grade students took part in a broad range of activities focused on water conservation and environmental issues.

14

Find more information on the Local Agency Investment Fund here: www.treasurer.ca.gov/pmia-laif.

Visit CalTRUST’s website here: www.CalTRUST.org.

Rick Wood is CSDA’s finance manager. He has 23 years of experience in the field of government and non-profit accounting and finance.

MOVERS & SHAKERS

movers and shakers Does your district have an individual recently appointed as general manager or a top staff position? Have you recently elected a new board president? Have any district personnel been appointed to other community boards or positions? Email your district’s movers and shakers to Nicole Dunn, communication specialist, at Nicoled@csda.net and we will include them in our next issue!

Kathleen Jurasky

Bill Nelson, trustee of the Orange County Cemetery District and Treasurer of the CSDA Board of Directors, was awarded Cemeterian of the Year by CAPC. The award is presented to individuals who have accepted responsibilities and performed services over Presented by Carol Griese, Executive and above expectations.

Ben R. Drake, vice president of the Rancho California Water District, has been appointed to the California State Board of Food and Agriculture.

Drake has served on the Board of Food and Agriculture since 2010.

West Valley Water District board member Linda Gonzalez has been named 2014 Woman of the Year in the 47th District

by Assembly Member Cheryl Brown.

Kathleen Jurasky, SDA, district manager of Palm Springs Cemetery District, was re-elected President of the California Association of Public Cemeteries (CAPC).

Director of California Association of Public Cemeteries to Bill Nelson

Newhall County Water District has appointed former vice president B.J. Atkins as board president and former president Maria Gutzeit as board vice president for 2014.

The Coachella Valley Water District’s largest wastewater reclamation plant has been recognized as Plant of the Year in its section by the Colorado River Basin Section of the California Water Environment Association. This is the eighth time the district’s plant has received this honor.

John A. Coleman, board member of the East Bay Municipal Utility District, has been elected president of the Association of California Water Agencies Board of Directors.

Stege Sanitary District elected Dwight Merrill as president and Graham Brand as vice president of its Board of Directors.

Ironhouse Sanitary District received a special award from the California Association of Sanitation Agencies for Public Outreach and Education. The district received the award for its “Lighting Your Way to Proper FOG Recycling” program, which discouraged residents from pouring household fats, oils and grease down the drain and encouraged the proper recycling of those forms of waste.

California Special District – May-June 2014

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In Brief Hospital Thrift Store Reaches $1 Million in Sales

Girl Scouts Join Water District in War against Sewer Grease Local Girl Scouts began knocking on doors in April to help Vallecitos Water District work toward a healthier environment for the community. Instead of toting Girl Scout Cookies, they were handing out free fat trappers to keep residents from pouring cooking grease down the drain, ultimately working to prevent sewer spills. The fat trappers, small containers housing multiple disposable bags to store used cooking grease, have been vital in the agency’s battle against excess fats, oils and grease that enter the sewer system to form blockages. Over time, these blockages can cause sewer spills which can pollute our creeks, lakes and beaches. Although already free to the public, teaming up with Troop 4642 assisted the girls in meeting their organization’s community education requirement, and helped the district in placing fat trappers at more homes to further protect the environment.

After five official years in business, Mendocino Coast District Hospital Thrift Store has reached $1 million in sales.

The store first opened in April 2009 with the hope it would become a major source of funding for the hospital’s hospice program. Those hopes have been met consistently over the last five years. The thrift store sells about 500 donated items on average every day and operates with one fulltime store manager, two part-time per diem supervisors and around 35 volunteers. Says Heidi Kraut, store manager, “We are grateful for every financial donation and donated item, every purchase made and every hour of volunteer time that has contributed to the success of this store.

Income from the store ensures that end-oflife patients and their families have access to quality care and support services here on the coast.”

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Recreation District Offers Swim Scholarships Through a grant from Kaiser Permanente, constituents of Desert Recreation District can apply for scholarships that will provide free access to swim lessons and open swim passes. The district has been able to offer these scholarships for the last seven years.

Recipients of the scholarships have the option to partake in swim lessons, open swim passes or to join Jr. Lifeguard Progams at any of the swimming pools Desert Recreation District oversees. The grant offered by Kaiser Permanente is part of its Healthy Eating Active Living (HEAL) program.

Sources: Del Norte Triplicate, Desert Recreation District, Ft. Bragg Advocate-News, Dublin San Ramon Services District, Inland Empire Resource Conservation District, Vallecitos Water District, Village Life

Got news?

California Special District wants to hear about newsworthy people, projects, events and accomplishments in your district. To submit a news item for In Brief, contact Nicole Dunn at nicoled@csda.net or (877) 924-2732.

Grant Funds School Garden The Inland Empire Resource Conservation District (IERCD) partnered with a local elementary school and fifth grade teacher to implement the expansion of their current garden to include a native plant drought tolerant section. The project was possible through IERCD’s Native Plant Mini-Grant, which funds similar projects for all schools/educational centers in IERCD’s boundary. The garden was planted by teacher Christine Roque’s fifth grade class. During the planting, the students also participated in activities like researching the plants installed and a reflection based journaling station. The garden was planted entirely with California native plants that have multiple benefits to the surrounding environment, including hosting butterflies and attracting other pollinators to the garden, while also providing an example of water conservation techniques.

Over 35 plants were installed through the project.

First Tsunami-Resistent Port on the West Coast Constructed Crescent City Harbor District now manages the first tsunami-resistant port on the West Coast – and possibly the first in the world. Crescent City Harbor experienced massive damages – totaling about $20 million in 2006 and the districted decided to craft a harbor that would withstand a tsunami instead of replacing what was destroyed. The district built over 22 million square feet of docs that are very stout and strong. They are packed with more rebar and concrete than standard docks in order to withstand higher loads than almost any marina.

The docks were built to transfer energy from a tsunami to the dock, then to a pile hoop, then to connected steel piling and then finally to the Earth without any damage.

The fishing industry at Crescent City is very important to the community and its livelihood. Says Richard Young, former harbormaster/CEO, who started this project during his tenure with the district, the project is “not just for the harbor district. It’s what helps define Crescent City. People lose sight of just how important the harbor is. We’re here with a harbor that’s going to provide the basis to keep these fishing jobs here.”

California Special District – May-June 2014

Park Now Irrigated with Recycled Water As California continues to experience the driest period in the state’s recorded rainfall history, the Dublin San Ramon Services District (DSRSD) and the City of Pleasanton have collaborated on a water conservation project that is expected to save approximately 18.5 million gallons of potable water annually. The two agencies have worked together to provide recycled water to irrigate one of Pleasanton’s largest and most popular parks, 15-acre Val Vista Park, located at 7350 Johnson Drive.

The city is now irrigating most of the park’s landscaping and fields with recycled water provided by DSRSD. Val Vista Park features three sand-based soccer fields, two water play features, a skate park, in-line hockey rink, play structure with a climbing wall, restrooms, and a picnic area that can be rented for special events. “We’re very pleased that Pleasanton has converted Val Vista Park irrigation to recycled water,” says DSRSD Board President Georgean Vonheeder-Leopold. “It reduces the Tri-Valley’s need for imported water and provides an uninterruptible supply of irrigation water, which will be critical during this drought.” Areas that will not receive recycled water include the park’s community garden, drinking fountains, restroom, water play feature and circulating creek (both of which may be deactivated this summer due to the drought).

“This project is also a great example of working together regionally to use a valuable resource, recycled water,” according to Pleasanton Operations Services Director Daniel Smith. “It’s a win for everyone.

The community gets a green park during a drought, the City of Pleasanton saves 18.5 million gallons of potable water, and DSRSD avoids having to dump a valuable resource into San Francisco Bay.”

CSD’s Fields Get Water-Wise Makeover With the current drought taking place in California, special districts are adapting to make the most efficient use of water possible. El Dorado Hills Community Services District (EDHCSD) is no different, recently giving its fields an irrigation and turf makeover. “Irrigation technologies have come a long way and it’s increasingly important for the EDHCSD to not only capitalize on water saving improvements, but to set an example for what all businesses and homeowners can do to preserve water,” says Parks and Planning Director Kevin Loewen.

By installing new irrigation plumbing and modern sprinklers, the district anticipates greater water efficiency on its fields. EDHCSD is also planning to remove the existing grass blend on the fields and replace it with a hybrid type of grass called “Celebration,” which is drought tolerant, durable and a great option for athletic field play.

Achieving business excellence

Interview with John Spence

Over the span of his career, John Spence has owned or been CEO of more than ten companies. He has been recognized for the past three years as One of the Top 100 Business Thought Leaders in America.

Spence was named CEO of an international Rockefeller foundation at the age of 26, CEO of an international strategy/sales strategy firm at 32, and for the last 18 years has traveled upwards of 200 days a year worldwide to help businesses and individuals achieve more success.

He has spent much of his career using his invaluable work experience and the lessons he has learned to help others gain a more solid understanding of successful leadership.

California Special District asked Spence to explain what it takes to achieve excellence in business, what traits strong leaders possess and the secrets to win/win negotiations.

What is your background in business?

While in college I was hired by the Rockefellers to work in their private foundation. I went to work for Winthrop P. Rockefeller III, started in marketing and public relations and three years later, at the age of 26, I was named CEO of that foundation.

I stayed there a number of years then was hired to become CEO of an international training and strategy firm. I did that for a few years and then decided to go independent and I’ve been an independent consultant, author, professional speaker and trainer now for almost 20 years.

John Spence

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You have to have top talent, have to be as efficient as possible, you have to deliver value to the community and if you do those things exceedingly well, governments run as well as any business.

You’ve developed a formula for achieving business excellence. What is the formula?

The formula is [T+C+ECF] x DE = Business Success.The T stands for talent. The success of your organization is based directly on the quality of the people you can get, grow and keep on your team. Talent is the main driver of success in business, education – pretty much everything.

The C stands for culture. There are two sides to the culture coin. There’s the side the employee wants – what I call a winning culture. A place they enjoying working in, where they are challenged, where they like the people they work with, they admire the people they work for and they’re doing meaningful, important work.

This is where you get highly engaged, satisfied and loyal employees. The other side of the culture coin is what the business manager or leader wants and that is an ownership mentality. You have employees who treat the business as if it were their own. They look at every dollar that comes in and try to maximize it. They try to reduce costs and waste and increase satisfaction and success. They are running the organization as if it was their own place and they want it to do the best it can.

The ECF stands for extreme customer focus and that’s the understanding that the customers need to be taken care of to pay all the bills. This involves owning the voice of the customer – getting as close as you possibly can to understand their needs, their wants, their fears and their hopes. The more you listen to customers and understand their needs, the better job you can do of delivering what’s most important

California Special District – May-June 2014

to them and keeping them highly engaged and loyal and enthusiastic, which is what keeps the organization running well and being successful.

Take those three things and multiply by disciplined execution. This involves accountability across the entire organization and the ability to effectively execute on the most important projects consistently.

When you’ve got those four elements: great people, a winning culture, a culture of really listening to the customer and high levels of accountability and disciplined execution, those are the four major elements to run any form of organization well.

What are some similarities in how businesses are run vs. how local governments are run?

There is more disparity than consistency because there are a lot of regulations that go on in government. Still, to me, it’s about people, execution, trying to create the best culture you possibly can and making sure you’re focused on delivering real value to the community.

Government has a little bit more regulation and red tape, it’s not quite as agile often times as a business might be, but you still have to run a great organization. You have to have top talent, have to be as efficient as possible, you have to deliver value to the community and if you do those things exceedingly well, governments run as well as any business. continued on page 20

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John Spence [continued] What are leadership styles that no longer work?

This is a very easy answer: Command and control leadership styles do not work. “Do as I say, not as I do” does not work anymore, period. Some people still try to cling to it. You are never going to get highly engaged employees who give 110 percent of their effort if they are being talked down to, abused, or have an aggressive leader.

What do people look for in a leader they will willingly follow?

There has been a lot of research on this and I’ve done a lot of research on this. If I were to boil it down to six key things, number one above all else is honesty. You’ve got to tell the truth, you have to be a person of integrity.

Without that, there is no leadership.

The next trait is being a visionary: someone who has a clear, compelling, vivid vision and strategy for success that they can articulate well.

Next, they must be confident. They must be good at two sets of skills: they have to be good at what their job skills require and they must be excellent at their leadership skills.

They must be passionate. If they aren’t passionate and engaged, there is no way the people working for them will be. They must be excited about what they are doing and where they are going.

Finally, they must be fair and supportive. This comes from a major research study conducted by Kouzes and Posner in their fantastic book The Leadership Challenge, which was a 30-year study, over four continents, with 1.3 million respondents.

See John Spence speak at CSDA’s upcoming General Manager Leadership Summit

June 22-24, 2014 | Lake Tahoe, CA

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Let me summarize it by saying, the kind of leader people will willingly follow is someone who tells them the truth, who has a clear idea and a strategy for getting them to a vision they are excited about, that is highly competent in their job and as a leader, is excited and passionate about going with them on the trip, and will treat them fairly and support them along the way.

What does it mean to be a values-based organization? How can an organization become values-based?

To quote Walt Disney, “When values are clear, decisions are easy.” A values-based organization is one that has a clear, compelling set of core values that describe the way employees treat each other and their customers, and establishes how the organization is going to run. It is an organization that is based on some core values that are strongly held across the entire organization and are used as the guiding principles to help that organization be successful and work with integrity.

A lot of experts will tell you that values are not set they are discovered. I’m of the belief you can set some core values but the key is to get everyone in the organization involved. Give everyone a say in the outcome so they have a stake in it. It is usually a very introspective and thoughtful look at what everyone together truly values, what they are willing to stand up for, and what they’ll use for hiring, promotion and termination. If the values are followed, there is a chance for success and if values are violated, employees will probably be asked to leave the organization. In a true values-based organization, a violation is grounds for termination.

What are some of the fundamentals for win/win negotiations?

There are four keys to being a good negotiator: 1) Be exceedingly well prepared. Do your homework.

2) Understand what your BATNA is. Your BATNA is Best Alternative To a Negotiated Agreement.

In other words, what is your walking away point?

Establish that before you enter into negotiations so you know what line not to cross.

3) Determine the position of the person you are negotiating against. Are they your negotiating partner, counterpart or opponent? My belief is you go in treating everyone like they’re your partner and giving them as much help as possible. And as you see red flags, you pull a little bit of that trust back.

Lead with trust but pull it back quickly if you see that the other person is not interested in a win/win negotiation.

4) Never ever negotiate when you’re emotional. The idea is “go to the balcony.” Remove yourself from the situation and look down on it and determine how you can be less emotional and how you can be more dispassionate.

The main key with a win/win negotiation is understanding that you want to continue the relationship afterwards. You want to stay partners. If it’s a one-time negotiation and you’ll never see the other person again, that’s when you often times get a win/lose negotiation because the other person thinks they’ll never have to deal with you again. If you have to maintain a professional relationship with this person, it’s absolutely critical you create a win/win negotiation atmosphere

One major pitfall is negotiating with someone who is aggressive or emotional. The key there is to keep pausing the negotiation.

Take breaks. Every time they get angry, pause the situation to diffuse it until they can calm down.

because you want to be able to walk away from the table and want to work with the other person again.

As public agencies, are there certain pitfalls to be avoided when negotiating?

One major pitfall is negotiating with someone who is aggressive or emotional.

The key there is to keep pausing the negotiation. Take breaks. Every time they get angry, pause the situation to diffuse it until they can calm down. One of two things happens: they either remain angry and aggressive which means it’s a tactic – not an emotion. Then you’ve identified you aren’t in a win/win negotiation setting. If it is emotion, they’ll calm down and you go back to negotiating.

The other major pitfall is the person coming in as an opponent and establishing an aggressive lose/lose or win/lose scenario. Keep a close eye on the continuum of whether the person in the negotiation is your partner, counterpart or opponent. If you try to stay a partner in the negotiation and be open, candid and vulnerable when the other person is clearly your opponent, they will take advantage of you.

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California Special District – May-June 2014

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Dealing with crises and those who cause them

By Brooke Miller, Partner, Best Best & Krieger

A

s a leader of a special district, you undoubtedly wear several hats.

Unfortunately, one hat you may not be prepared to wear is that of a referee. Let’s face it – boards don’t always agree, and bad things do happen. When conflicts arise, you may find yourself in the middle. Without a rule book to guide you during a board crisis, you may have to rely upon your instincts. There are, however, some ways to prepare for and handle the inevitable conflict – and those who cause them - that may make your role as ref/crisis manager a little easier.

The Disruptor Each board member is equipped with a “unique” personality. At some point, you will likely come across at least one who unintentionally, or otherwise, is disruptive. A crisis may occur when said board member demands control over meeting agendas or becomes disruptive during public meetings.

It is vitally important to set and follow a clear precedent as to how meetings should be run. For example, you may ask your board chair or president to remind the public and board at the start of the meeting that public comment is not a Q&A session, and that the reasonable limits your district has adopted (such as a three-minute limit per person) will be strictly

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(and fairly) enforced. In some cases, disruptive board members may legally be removed from meetings; in most cases, taking a recess and explaining important protocols when you resume, is probably enough.

It may also be helpful to adopt additional board policies regarding civility and the orderly conduct of meetings; making sure your Disruptor participates in making these rules may encourage him to actually follow them. Staff who interact with the board during meetings should have a firm understanding of the protocols and procedures in place to ensure orderly conduct, and should make a specific effort not to engage a Disruptor to create additional conflict.

Keeping calm and professional goes a long way.

The Splitter When the unique personalities of board members come together, it isn’t always smooth sailing.

Conflicts can arise due to differing agendas or philosophies on particular issues, general goals and values, or simply due to personality conflicts (or all three!). A divided board can be a big problem when there’s a major issue to face.

Of course, it’s best to try to get board splits under control before major decisions come up. Training and team-building exercises, such as holding a workshop (publicly noticed, of course) to consider the district’s overall goals—not just each individual board member’s goals—can help unite your board; or at least help them understand that their goals may not be so different from other board members. The board president and staff should make all board members feel heard, not just the members of the current majority.

Board members may resign, term out or switch sides, but treating each member fairly and respectfully is always best in the long run.

circumstance where the officer voluntarily or willfully ceases to discharge the duties of his office. If the officer is prevented from performing those duties, a vacancy will not occur. The common law also provides that an officer who manifests a clear intention to abandon the office and its duties, including by his conduct, may abandon his office. Note, however, that an officer whose seat is declared vacant due to his conduct does have legal avenues to challenge that declaration.

When a vacancy does occur, the district must act in accordance with the law to fill the vacancy. The first step is to advise the county elections official of the vacancy, which must occur within 15 days. The required actions can be taken by the remaining board members even if less than a quorum remains. In the meantime, it is important to take steps to acknowledge and try to remedy the circumstances that led to the abandonment or resignation before the rest of your board follows suit.

The Terminator Board members who take their role seriously are typically good board members. It is when a board member takes the role too seriously that problems arise. Consider the board member who is demanding or critical to your hardworking staff. This board member might even take it upon himself to direct staff, insist on reviewing staff or fire one or more staff members.

Legally speaking, a vacancy is created in an office when an officer ceases to discharge the duties of his office for a period of three consecutive months, except when prevented by sickness or absence from the state with the permission required by law. However, a vacancy is only created in this

California Special District – May-June 2014

The Rule Breaker The ethical rules for serving on a board can be confusing. When a board member misunderstands – or blatantly ignores – the rules regarding a personal financial interest in a decision or contracts before the board, it can lead to problems. When a conflict of interest arises, crisis can follow.

continued on page 24

The Quitter Some board members may handle a conflict by staying and fighting or they may “talk with their feet” by refusing to attend meetings or resigning. A majority of your board might even resign at the same time.

The resulting vacancy(ies) can leave you with a hole to fill, and probably bigger problems to solve.

Here is another area where setting and following clear policies and precedent is key. In most agencies, most staff members do not report directly to the board.

District policies should establish that the general manager is the point of contact to direct, review, discipline and/or terminate staff, following employment policies duly considered and adopted by the district. Establishing a clear chain of command will help avoid confusion and make sure your greatest resource—your staff—is used efficiently.

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Dealing with crises [continued from page 23] Depending on the facts, this type of crisis can be the “worst-case scenario,” landing the district (and individual board members) in both legal and political hot water. The absolute most important thing you can do to avoid this situation is to make sure board members receive legally required training in the ethics rules governing their decision-making. Although it may be easy, online training just isn’t enough. Ethics training should be interactive, letting board members ask questions to make sure they “get” the rules and opening up the lines of communication about potential ethical issues—making it a perfunctory, check-the-box experience does not convey the critical importance of learning and following the ethics rules.

The Tattletale When a board member uses poor judgment as to when to keep quiet, liability can result. Take, for example, the board member who makes unauthorized representations that could incur liability to your district or breaches confidentiality such as disclosing information or documents distributed in closed session to third parties or even to the press. And then there is the board member who makes slanderous or libelous statements from the dais. Your job as ref/crisis manager just got even harder!

This is another type of crisis that can open the district or an individual board member to legal liability. Many of the tips above, such as adopting clear rules of civility and orderly conduct of meetings, making all board members feel heard, and ensuring board members receive proper training on their roles and duties, are useful in helping to avoid this scenario.

See Brooke Miller present on “Crisis Mode: Practical Advice for Handling Board Disputes”

June 22-24, 2014 | Lake Tahoe, CA

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The board acts as a whole, not as a collection of individual officers. The Tattletale either does not clearly understand his role as an individual board member, or is willfully attempting to usurp power from the rest of the board. In either case, this type of board member should be reined in as soon as possible to avoid liability. This is one instance where censure may be a useful tool to convey to both the public and the board the gravity of the transgression.

Whether you feel like a referee, crisis manager, negotiator or psychiatrist when it comes to dealing with board members, being prepared to handle whatever crisis your board may throw at you can make the situation more bearable. When in doubt as to how to handle a situation, don’t forget to reach out to others for help. Your human resources department may be well equipped to jump in, as they have been trained to deal with similar situations. Your legal counsel can provide solid advice as well as serve as a buffer. And your peers/leaders of other special districts can prove to be a great source of support as well as lend a sympathetic ear.

Brooke Miller is a partner in the Municipal Law and Special Districts practice groups of Best Best & Krieger LLP. She currently serves as assistant city attorney for the City of Santee and as general counsel to the Ramona Municipal Water District. She also provides general and special counsel services to numerous other cities and public agencies. She can be reached at brooke.miller@bbklaw.com.

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CSDA Membership Delivers More.

CSDA is proud of our ability to provide strong, respected representation of special districts at the state capitol.

We’re happy to bring quality education programs to your board members and staff. And we’re delighted to be the association you trust to get timely, valuable information to your inbox as well as to your mailbox.

Avantpage – Translation and interpretation services

But did you know your membership in CSDA can deliver even more to keep your agency running efficiently and effectively? We are constantly on the lookout to identify and partner with businesses that have a reputation for top-quality services, products and customer support.

These businesses have agreed to offer their services tailored to CSDA members. From pooled investment options to utility cost audits and more, CSDA’s ValueAdded Benefits deliver cost-effective solutions to meet your agency’s needs now and in the future.

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CalTRUST – Pooled investment accounts eCivis – Grant research and management system Employee Relations – Employment background investigations, drug testing and employee hotline services PARS – Special Districts GASB 45 Trust Program Statewide Travel Program – Discounted airfares, car rentals and other travel services

It’s just one more way CSDA membership delivers more.

Call Member Services at 877.924.2732 for information on any of these services:

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CSDA members have access to exclusive programs delivered by our California Special Districts Alliance Partners: • CSDA Finance Corporation – visit www.csdafinance.net for tax-exempt municipal financing • Special District Risk Management Authority (SDRMA) – visit www.sdrma.org for cost-effective Workers’ Compensation, Property & Liability and Health Coverages

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Blomberg & Griffin Accountancy Corporation 1013 N. California Street Stockton, CA, 95202 (209) 466-3874 Accounting/Bookkeeping, Audits Brown Armstrong Accountancy Corporation 4200 Truxtun Avenue, Suite 300 Bakersfield, CA 93309 (661) 324-4971 www.bacpas.com Accounting/Bookkeeping, Audits, Benefits/ Retirement, Consulting Brown Armstrong is headquartered in the Central Valley and has five locations throughout the state. We provide audit, tax, and consulting services. Our audit services include: federal and state compliance audits, financial statement audits, financial health analysis and consulting, and organizational audits for efficiency/ functionality.

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Mann, Urrutia, Nelson CPAs 2515 Venture Oaks Way, Suite 135 Sacramento, CA 95833 (916) 929-0540 www.muncpas.com Accounting/Bookkeeping, Audits, Consulting Mann, Urrutia, Nelson CPAs & Associates is an established and respected full service accounting and auditing firm offering audit, tax, consulting, litigation support, business valuations, and forensic accounting services. We specialize in government, non-profit, retirement plans, and small business audits and accounting services.

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Vasquez & Company LLP 801 South Grand Avenue, Suite 400 Los Angeles, CA 90017 (213) 873-1700 www.vasquezcpa.com Accounting/Bookkeeping, Audits, Benefits/ Retirement, Government Our firm provides audit, consulting, tax, financial advisory, review and compilation services. Our audit services include financial statement audits of companies in private and public sectors, audits of federal grants under OMB A-133 and compliance examination audits.

ARCHITECTURE

BANKING Bank of the West 201 N. Civic Drive, Suite 120 Walnut Creek, CA 94596 (925) 979-2415 www.bankofthewest.com Broker/Dealer Investment Services, Cash Management, Corporate and Commercial Card, Depository, Public Finance Credit Facilities The Government Banking Division Relationship Managers with Bank of the West have decades of experience working in partnership with special districts by providing banking services that can optimize cash flow and increase operating efficiency. Backed by BNP Paribas, one of the strongest banks in the world, Bank of the West offers unsurpassed service and dedication.

BNY Mellon Trust Company, NA 100 Pine Street San Francisco, CA 94111 (415) 263-2418 www.bnymellon.com Corporate Trust, Investment Management, Custodial Services With core capabilities including trustee, administration and agency services, and enhanced offerings such as reporting, transparency and compliance solutions, BNY Mellon is a recognized leader in the U.S. public finance market. We have a long tradition of collaborating with clients across the full range of debt instruments to provide customized solutions to meet industry-specific needs.

Citizens Business Bank 701 North Haven Avenue Ontario, CA 91764 (909) 980-4030 x7133 www.cbbank.com Bank Accounts Citizens Business Bank is committed to creating and maintaining public entity relationships by meeting and exceeding our customer expectations.

California Special District – May-June 2014

Union Bank, N.A. 200 Pringle Avenue, Suite 250 Walnut Creek, CA 94596 (925) 947-3047 www.unionbank.com Bank Accounts, Cash Management, Financing, Investment Services Union Bank is a premier financial institution committed to providing the highest quality corporate trust, tax-exempt lending, cash management, and investment services to the public sector.

Wells Fargo Bank 333 S. Market Street, 16th Floor San Francisco, CA 94105 (415) 371-3955 www.wellsfargo.com Bank Accounts, Benefits/Retirement, Credit Cards, Financing, Insurance Banking services for public and municipal agencies.

BENEFITS/ RETIREMENT Bartel Associates, LLC 411 Borel Avenue, Suite 101 San Mateo, CA 94402 (650) 377-1601 www.bartel-associates.com Benefits/Retirement Bartel Associates LLC is a California-based actuarial consulting firm. We prepare OPEB (GASB 45) and pension plans actuarial valuations and also provide general CalPERS pension, retiree healthcare and other pension plan consulting and review services.

M-Squared Wealth Management Group, Inc. 1375 Exposition Boulevard, Suite 201 Sacramento, CA 95815-5143 (916) 709-7798 www.richardmaxey.com 457(b), 401(a), 403(b) Retirement Plans With over 150 combined years of experience working with qualified retirement plans, our independent wealth management group provides comprehensive financial planning, retirement planning, risk management solutions, and education for government and special districts located throughout California.

Nationwide Retirement Solutions 4962 Robert J. Mathews Parkway, Suite 100 El Dorado Hills, CA 95762 (916) 939-2131 www.nrsforu.com Benefits/Retirement Nationwide is the largest provider of 457 deferred compensation plans for public employees in the country, by number of plan sponsors and participants served. A 457 plan is a voluntary, supplemental, pre-tax, defined contribution program. Nationwide also provides 401(a) and OBRA services, as well as health reimbursement accounts through our proprietary Post-Employment Health Plan (PEHP).

PARS 4350 Von Karman Avenue, Suite 100 Newport Beach, CA 92660 (800) 540-6369 www.pars.org Benefits/Retirements PARS provides customized retirement plans for public agencies including, the Special District’s GASB 45 Trust Program, alternatives to social security for part-time employees and customized defined contribution plans.

CELL TOWER CONSULTANTS Sunkay Associates 1770 Morgans Avenue San Marcos, CA 92078 (760) 213-8511 www.sunkayassociates.com New cell site lease negotiations, Cell site amendments/upgrades, Lease prepayments, Lease extensions, Site Audits Sunkay Associates is a team of industry experts that works exclusively on behalf of property owners who receive rents from major wireless carriers (AT&T, Verizon, T-Mobile, etc). Our 25+ years of specialized wireless experience and industry connections ensures our clients are educated and protected so they can make significantly better business decisions for any wireless transaction (e.g., new cell sites, site upgrades, lease prepayments, rent reductions).

Buyer’s Guide

Ward-Young Architecture & Planning 12010 Donner Pass Road, Suite 201 Truckee, CA 96161 (530) 587-3859 www.wyarch.com Architecture, Planning Design excellence, personal attention, cost awareness, and the high level of professional integrity are the foundations upon which client relationships are built at Ward-Young Architecture and Planning.

U.S. Bank 621 Capitol Mall, Suite 800 Sacramento, CA 95814 (916) 498-3439 www.usbank.com Bank Accounts, Benefits/Retirement, Consulting, Credit Cards, Financing, Investments For more than 30 years, U.S. Bank has met the financial needs of special districts and public sector organizations with tailored products and services and knowledgeable government banking relationship managers.

CONSTRUCTION Schneider Electric 81 Blue Ravine Road, Suite 200 Folsom, CA 95630 (916) 508-0535 www.schneider-electric.com Construction, Engineering, Financing Schneider Electric delivers efficient solutions across the global energy chain, enabling people to experience and transform efficiency together at home, in enterprise, across the grid, in towns and cities, and in energy-poor countries. Integrated and open, our solutions improve financial performance while conserving resources, for a more sustainable world.

CONSULTING Aircon Energy 830 West Stadium Lane Sacramento, CA 95834 (916) 922-2004 www.airconenergy.com Consulting, Utility Cost Control Experienced in helping local governments reduce energy and operating costs with comprehensive retrofit projects for their existing buildings.

Barber & Gonzales Consulting Group 8035 South Lake Circle Granite Bay, CA 95746 (916) 786-4368 www.paradigmpilgrim.com Government, Human Resources, Planning, Training The mission of Barber and Gonzales Consulting Group is to grow and foster the capacity in our clients to achieve potential, harness diversity, and sustain weather change, while building respectful relationships based on mutual trust and understanding.

BHI Management Consulting 2459 Neptune Court, Suite 110 Tracy, CA 95304 (209) 740-6779 www.bhiconsulting.com Consulting, Human Resources, Planning, Recruiting, Training BHI Management Consulting has been providing for the organizational health of public agencies since 1999. Currently, BHI specializes in strategic planning for special districts in California. The firm is owned and operated by Brent Ives.

Contractor Compliance & Monitoring, Inc. Contractor Compliance and Monitoring 635 Mariners Island Boulevard, Suite 200 San Mateo, CA 94404 (650) 522-4403 www.ccmilcp.com Labor Compliance Consulting Contractor Compliance and Monitoring, Inc. offers prevailing wage expertise on projects requiring labor compliance: Federal Davis-Bacon, Proposition 84 and State Bond funded projects.

Do not jeopardize your funding. CCMI can help your agency comply with all mandatory labor compliance requirements.

Crabtree Consulting Services, LLC 9245 Laguna Springs Drive, Suite 200 Elk Grove, CA 95758 (916) 365-2279 www.crabtreeconsulting.net Human Resources, Planning, Policies, Recruiting, Training At Crabtree Consulting Services, LLC, “We Fill The Gap.” CCS specializes in small local agency administrative and management issues. We can supplement your current staff, provide expertise that your staff may not have, or do a project that your staff doesn’t have time to do. You choose the services you want based on your current needs and capabilities.

Economic & Planning Systems, Inc. 2295 Gateway Oaks Drive, Suite 250 Sacramento, CA 95833 (916) 649-8010 www.epsys.com Consulting, Financing, Planning EPS provides consulting services to public agencies in the area of public finance, infrastructure financing, financing district formations, fiscal impact analysis, development impact fee nexus studies, and other related fields.

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HdL Coren & Cone 1340 Valley Vista Drive, Suite 200 Diamond Bar, CA 91765 (909) 861-4335 www.hdlcompanies.com Property Tax Consulting, Revenue Estimates and Forecasting, Audits, Successor Agency Dissolution Support Kampa Community Solutions, LLC PO Box 3221 Sonora, CA 95370 (209) 591-7100 www.kampaCS.com Construction, Consulting, Engineering, Financing, Government, Information/Magazine, Internet, Planning, PR/Marketing, Training, Water Resources/Drought Planning/Response Kampa Community Solutions provides special districts with innovative and relevant tools for full integration of community needs and expectations into your service delivery strategies. We provide the means to optimize your services and community relations, maximize efficiency; and use current practices and technologies to improve transparency and accountability.

NBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 (800) 676-7516 www.nbsgov.com Financial Consulting, Special Assessment Engineering/Special Tax Consulting, Utility Rate Consulting NBS supports special districts with a variety of revenue tools, including utility rate studies, user fee studies, cost allocation plans and other financial analyses. NBS has the expertise in developing new special assessment, tax, or fee districts, and provides comprehensive ongoing support services for existing financing districts.

Nichols Consulting 1857 44th Street Sacramento, CA 95819 (916) 455-3939 www.nichols-consulting.com Consulting With 20 years of experience in SB 90/State Mandated Cost Reimbursement (14 years for special districts), Nichols Consulting is the special district leader. We have presented as an expert at over 30 statewide workshops and are “The Home of California Public Records Act Reimbursement.”

Project Resource Specialists 1620 Candlelight Glen Escondido, CA 92029-3121 (760) 415-6148 Consulting, Government, LAFCo MSR/SOI Studies, Training With over 36 years of service experience, Harry Ehrlich provides consulting support services to local government agencies for program and project management, training and organizational studies, legislative research and policy formulation.

Rauch Communications Consultants, Inc. 936 Old Orchard Road Campbell, CA 95008 (408) 391-3117 www.rauchcc.com Facilitation, Public Involvement, Strategic Planning Rauch Communication Consultants has been serving special districts and local governments for 40 years.

Our services include: Public Involvement— We are a full-service public outreach firm with decades of experience building community support through focused and effective outreach programs.

Strategic Planning — We help resolve our clients’ critical challenges, and develop overall direction and concrete action plans. Facilitating and Mediation — We help resolve difficult management problems through facilitation and counseling.

RRM Design Group 3765 South Higuera Street, Suite 102 San Luis Obispo, CA 93401 (805) 543-1794 www.rrmdesign.com Architecture, Engineering, Landscape Architecture, Planning, Survey RRM is an award-winning, multidiscipline design firm of over 100 professionals, including architects, civil engineers, landscape architects, planners, surveyors, and LEED accredited professionals who fill offices in San Luis Obispo, San Clemente and Santa Maria.

SCI Consulting Group 4745 Mangels Boulevard Fairfield, CA 94534-4175 (707) 430-4300 www.sci-cg.com Consulting, Continue Disclosure Reporting, Rate Studies, Planning Serving California special districts since 1985, SCI provides a broad range of revenue enhancement services. Services include local funding measure feasibility analysis and public opinion surveys, district-wide revenue measures, special tax and assessment district formation and annual administration, Proposition 218 compliance, development impact fee nexus studies, utility rate studies and LAFCo formation and annexation applications.

California Special District – May-June 2014

DRUG & ALCOHOL COMPLIANCE DATCO Services Corporation 2280 Grass Valley Highway, Suite 232 Auburn, CA 95603 (530) 268-8101 www.DatcoServices.com Consulting, DOT Drug & Alcohol Compliance, Drug Free Workplace, Human Resources, Training More than 19 years’ experience providing expert administration and regulatory consulting services of drug free workplace requirements for private and public entities, with experienced technical, quality and compliance documentation and training. We offer full service third party administration for Department of Transportation (DOT) Drug and Alcohol Compliance. Other services include: affordable background checks, instant drug kits, human resources guidance, signs and symptoms of drug abuse and alcohol.

ENGINEERING Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 (951) 686-1070 www.webbassociates.com Engineering, Planning Albert A. Webb Associates has provided high quality civil engineering services throughout Southern California.

Harris & Associates 1401 Willow Pass Road, Suite 500 Concord, CA 94520-1214 (925) 827-4900 www.harris-assoc.com Construction Management, Engineering Services, Assessment/Special Tax Administration, Rate Studies Assessment Engineering Harris is a 100 percent employee-owned company focused on solving the challenges of public agencies and institutions located in California, Nevada and Washington. Service areas include financial engineering, civil engineering and construction and asset management.

Keller/Wegley Engineering 209 South Locust Street Visalia, CA 93291 (559) 732-7938 Engineering Engineering firm that represents special districts with their irrigation, drinking water, wastewater and water supply needs.

Kennedy/Jenks Consultants, Inc. 10850 Gold Center Drive, Suite 350 Rancho Cordova, CA 95670 (916) 858-2700 www.kennedyjenks.com Consulting, Engineering Complete engineering, environmental science and architectural services, with an unusually strong commitment to tailored solutions.

Onward Engineering 300 S. Harbor Boulevard, Suite 814 Anaheim, CA 92805 (714) 533-3050 www.oe-eng.com Engineering Onward Engineering provides intelligent design engineering management and 2.5 W x 2.55and IN constructing H bw inspection services to public agencies. When it comes to public works projects, no one does it better.

FINANCING/ INVESTMENTS

FINANCIAL PLANNING UBartle T I L I T YWells R AT E Associates ST U D I E S E N E R Alcatraz GY CO N SAvenue U LT I N G 1889 B O N D MCA A R94703 KETING Berkeley,

BARTLE ASSOCIATES (510) WELLS 653-3399

www.bartlewells.com www.bartlewells.com Consulting, Financing Bartle Wells Associates is a public finance consulting firm with over 45 years of experience providing independent, objective financial advice to public agencies throughout California and the western United States.

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

Brandis Tallman, LLC 22 Battery Street, Suite 500 San Francisco, CA 94111 (415) 912-5633 www.brandistallman.com Financing A full service investment banking firm providing underwriting and financial advisory services to California communities.

CSDA Finance Corporation 1112 I Street, Suite 200 Sacramento, CA 95814 (916) 442-7887 www.csdafinance.net Tax-Exempt Financing CSDA Finance Corporation is a non-profit public benefit corporation established to help special districts and other public agencies with cost-effective financing programs for capital improvements, equipment purchases, land acquisitions and the refinancing of prior debt.

Buyer’s Guide

Public Policy Advocates 1015 K Street, Suite 200 Sacramento, CA 95814-3803 (916) 441-0702 www.ppallc.com Consulting, Legal Public Policy Advocates is one of California’s largest lobbying firms. The firm’s eight governmental affairs professionals represent clients from both the private and public sectors.

PPA currently represents over 40 clients, including CSDA.

First Southwest Company 1620 26th Street, Suite 230S Santa Monica, CA 90404 (310) 401-8050 www.firstsw.com Financial Consulting FirstSouthwest provides financial advisory services to California municipalities. Our staff assists clients with raising capital by issuing lease and debt instruments such as general obligation bonds, certificates of participation, revenue bonds, land secured bonds and tax and revenue anticipation notes. Our clients in California include water, wastewater, electric and solid waste utilities, as well as cities, RDA successor agencies, airports/seaports and charter schools. We also have experience in public finance-related analyses for debt capacity, capital planning and the evaluation of derivative products. (Member FINRA/SIPC) Municipal Finance Corporation 2945 Townsgate Road, Suite 200 Westlake Village, CA 91361 (805) 267-7141 www.munifinance.com Financing Tax-exempt private placement financing of equipment, facilities and infrastructure.

Prager & Co., LLC One Maritime Plaza, Suite 1000 San Francisco, CA 94111-3404 (415) 403-1900 www.prager.com Financing, Legal Prager & Co., LLC provides strategic financial advice and debt funding solutions to California special districts and is the investment banker to the CSDA Finance Corporation.

Wells Capital Management/CalTRUST 400 Capital Mall, Suite 702 Sacramento, CA 95814 (916) 440-4890 www.caltrust.org Investments CalTRUST provides local agencies with three professionally-managed pooled investment options – money market, short-term and mediumterm – for agency general funds, bond proceeds and reserve funds. Governance and oversight is provided by local finance directors and treasurers.

Wells Fargo Advisors, LLC 1160 Marsh Street, Suite 200 San Luis Obispo, CA 93401 (805) 783-7942 home.wellsfargoadvisors.com/sandra.wheeler Consulting, Investments

HUMAN RESOURCES

LEGAL SERVICES

Bob Murray & Associates 1677 Eureka Road, Suite 202 Roseville, CA 95661 (916) 784-9080 www.bobmurrayassoc.com Human Resources Bob Murray & Associates brings a personal approach to providing quality executive recruitment services. Our clients include cities, counties, special districts and other governmental organizations, both large and small.

Aleshire & Wynder, LLP 18881 Von Karman Avenue, Suite 1700 Irvine, CA 92612 (949) 223-1170 www.awattorneys.com Consulting, Environmental Consulting, Legal Aleshire & Wynder, LLP is a law firm that focuses specifically on public agency representation throughout all of California. A number of our attorneys have represented public agencies for over 35 years, and many of our attorneys have served public interests in various ways. We enjoy public service and working with elected officials and professional staff.

CPS HR Consulting 241 Lathrop Way Sacramento, CA 95815 (916) 263-3614 www.cpshr.us Consulting, Human Resources, Recruiting, Training CPS HR Consulting is a self-supporting public agency providing a full range of integrated HR solutions to government clients. We have expertise in the areas of organizational strategy, recruitment and selection, classification and compensation, and training and development.

Koff & Associates 6400 Hollis Street, Suite 5 Emeryville, CA 94608 (510) 658-5633 www.KoffAssociates.com Human Resources Consulting, Executive Recruitment, Organizational Development Koff & Associates is a full-service human resources consulting firm specializing in the public sector. Our work includes class and comp studies, executive recruitment, organizational development, HR compliance, and performance management programs.

The Mejorando Group 7409 North 84th Avenue Glendale, AZ 85305 (925) 518-0187 www.gettingbetterallthetime.com Succession Planning, Leadership Development, Group Facilitation, and Organizational Effectiveness Mejorando is Spanish for “getting better all the time” and reflects our mission to help leaders achieve optimal organizational performance.

Our team provides a range of services including succession planning, strategic planning, executive coaching and management training.

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AlvaradoSmith, A Professional Corporation 1 MacArthur Place, Suite 200 Santa Ana, CA 92707 (714) 852-6800 www.alvaradosmith.com Consulting, Environmental Consulting, Legal Our team of attorneys has significant experience in providing advice and handling litigation involving major public and private improvement projects, environmental assessment and remediation actions, and natural resources development (water and renewable energy projects). The expertise and resources of our entire firm allow us to provide exceptional service for our clients and we are committed to providing high quality, comprehensive, and creative legal services in an efficient and cost-effective manner.

Alvarez-Glasman & Colvin 13181 Crossroads Parkway North #400 City of Industry, CA 91746 (562) 699-5500 www.agclawfirm.com Legal Atkinson, Andelson, Loya, Ruud & Romo 12800 Center Court Drive, Suite 300 Cerritos, CA 90703 (562) 653-3200 www.aalrr.com Legal Over the last two decades, Atkinson, Andelson, Loya, Ruud & Romo has earned a strong reputation as one of California’s most widely respected law firms.

Bartkiewicz, Kronick & Shanahan 1011 22nd Street Sacramento, CA 95816-4907 (916) 446-4254 www.bkslawfirm.com Legal We are a Sacramento law firm founded in 1989 to represent local agencies and private clients on matters concerning water resource, land use, governmental and related issues.

Best Best & Krieger LLP 3390 University Avenue, 5th Floor Riverside, CA 92501 (951) 686-1450 www.bbklaw.com Legal A full-service law firm focused on the legal needs of California special districts. BB&K attorneys have expertise in water supply and quality, environmental, renewable energy and construction law, public finance, rates and fees, labor and litigation.

Brownstein Hyatt Farber Schreck LLP 21 E Carrillo Street Santa Barbara, CA 93101-2706 (805) 963-7000 www.bhfs.com Consulting, Legal Brownstein Hyatt Farber Schreck LLP has a public agency practice which has particular expertise in water law and environmental quality. The firm represents public agencies throughout California as general and special counsel.

Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, CA 90071 (213) 236-0600 www.bwslaw.com Consulting, Legal With nine offices throughout California, Burke represents special districts, cities and other public agencies. We excel at general counsel services and litigation, including writs, trials, appeals, regulatory compliance, labor negotiations, employment, CEQA/other environmental challenges, construction disputes, eminent domain and transactional matters.

California Special District – May-June 2014

Chang, Ruthenberg & Long PC 620 Coolidge Drive, Suite 350 Folsom, CA 95630-3184 (916) 357-5660 www.seethebenefits.com Benefits/Retirement, Legal A significant portion of our practice is dedicated to the special employee benefits legal considerations that apply to local governmental entities, particularly California special districts.

We advise and provide representation on all aspects of the California Pension Reform Act, plan sustainability, design, and compliance.

Cihigoyenetche, Grossberg & Clause 8038 Haven Avenue, Suite E Rancho Cucamonga, CA 91730 (909) 483-1850 www.cgclaw.com Legal We are a general practice law firm offering a wide variety of legal services: litigation, wrongful death, personal injury, construction defect, real estate, appellate, municipal law, water and wastewater, and representation of special districts.

Cota Cole LLP 2261 Lava Ridge Court Roseville, CA 95661 (916) 780-9009 www.cotalawfirm.com Legal Cota Cole LLP is a law firm founded on a commitment to excellence. Our comprehensive public and private law practice provides our clients with the extensive experience of skilled attorneys with a proven record of success. With decades of experience, and the energy and enthusiasm of a growing and dynamic legal team, Cota Cole LLP provides personalized service and achieves superior results.

Gallery & Barton, A Professional Law Corporation 1112 I Street, Suite 240 Sacramento, CA 95814 (916) 444-2880 www.gallerybartonlaw.com Legal Legal services associated with water rights, environmental and public agency law.

Goldfarb & Lipman LLP 1300 Clay Street, 11th Floor Oakland, CA 94612 (510) 836-6336 www.goldfarblipman.com Legal Goldfarb & Lipman LLP provides experienced and practical counsel to our public clients on a wide range of issues, including statutory requirements applicable to public entities, as well as procurement, construction contracting and employment matters.

Gresham Savage 3750 University Avenue, Suite 250 Riverside, CA 92501 (951) 684-2171 www.greshamsavage.com Legal Gresham Savage is the widely recognized leader for business, litigation, real estate, environmental and land use law in Inland Southern California.

As the region’s premier full service law firm, Gresham Savage offers expertise in employment, environmental, health care, land use, litigation, mergers and acquisitions, natural resources, real estate, transactional, and trusts and estates, as well as many other areas.

Griffith & Masuda, A Professional Law Corporation PO Box 510 Turlock, CA 95381 (209) 667-5501 www.calwaterlaw.com Legal Founded in 1920, Griffith & Masuda represents six special districts, a county, and four JPAs. Our seven water agency clients are in six different counties from Butte to Monterey. Our mission is to provide responsive, effective, and efficient legal services.

Hanson Bridgett LLP 425 Market Street, 26th Floor San Francisco, CA 94105 (415) 777-3200 www.hansonbridgett.com Legal We practice areas of law such as general business and corporate law, litigation, and probate and estate planning, healthcare, construction, intellectual property, labor and employment, insurance coverage and public sector law.

Kidman Law LLP 2030 Main Street, Suite 1300 Irvine, CA 92614 (714) 755-3100 www.kidmanlaw.com Legal Kidman Law LLP offers unsurpassed advice and representation in legal matters, with a specialty in water, environmental and governmental law.

We stand for prompt, reliable and accurate legal services with a proven track record of success for our clients.

Buyer’s Guide

Bergman Dacey Goldsmith 10880 Wilshire Boulevard, Suite 900 Los Angeles, CA 90024 (310) 470-6110 www.bdgfirm.com Legal Since 1983, Bergman Dacey Goldsmith has been litigation counsel to numerous California public entities. When litigation arises, having experienced counsel on your side can often be the deciding factor. We have earned our reputation as a “no surprises” law firm.

Carmel & Naccasha LLP 1410 Marsh Street San Luis Obispo, CA 93401 (805) 546-8785 www.CarNacLaw.com Legal Services Carmel & Naccasha’s experienced team of attorneys are knowledgeable and dedicated to providing quality legal services to our public agency clients, specifically to the many CSDs we represent. Our firm offers a high level of responsiveness and attention to our clients’ individual needs combined with decades of work representing public agencies on a wide range of matters.

Kronick, Moskovitz, Tiedemann & Girard 400 Capitol Mall, Floor 27 Sacramento, CA 95814-4416 (916) 321-4500 www.kmtg.com Legal Kronick Moskovitz Tiedemann and Girard (KMTG) is a full service law firm providing legal services to special districts, cities, and counties throughout California. For 50 years, KMTG has provided legal expertise in all areas of public agency law.

Law Office of Brent Collinson 9709 Highway 267, Suite A Truckee, CA 96161-0348 (530) 587-9233 www.bcollinsonlaw.com Legal Full service law firm emphasizing the representation of special districts, business, corporation, construction, landlord/tenant issues, wills/trust/probate, family law, and adoptions.

Liebert Cassidy Whitmore 6033 West Century Boulevard, 5th Floor Los Angeles, CA 90045 (310) 981-2000 www.lcwlegal.com Consulting, Legal Liebert Cassidy Whitmore is a public sector employment and labor law firm representing management for more than 30 years. LCW provides general counsel, labor and litigation advice and assistance to special districts in all matters including representation, litigation services, negotiations, local government law and employment relations, construction and business and facilities.

Members of the firm have first-hand experience and in-depth understanding of the special demands of labor relations and employment law as they apply to special districts. LCW also offers expert management training workshops on these issues.

FIRM

McMurchie Law Solutions Offering Innovative for Special Districts 2130 East Bidwell Street, Suite 2 35 Years Folsom, CAfor95630 (916) 983-8000 Providing a Full Range of Legal Services in: www.mcmurchie.com • CSDA Legal Counsel Legal • Public Agency Law Estate The• firm isPlanning proudandtoProbate have served as CSDA’s • Employment legal counsel since its formation in 1969. The • Insurance Small Business and firm• specializes in Non-Profits representing a wide variety of special districts, joint powers authorities n n n and nonprofit corporations by providing legal (916) 983-8000 n dmcmurchie@mcmurchie.com consultation, board and staff training, and investigative services.

2130 East Bidwell Street

Suite 2

Folsom, California

95630

Meyers Nave 555 12th Street, Suite 1500 Oakland, CA 94607 (510) 808-2000 www.meyersnave.com Legal We are a full-service law firm focused on serving the legal needs of California’s special districts including fees and assessments, elections and political law, public works contracting, employment issues and real property acquisition.

Neumiller & Beardslee PO Box 20 Stockton, CA 95201-3020 (209) 948-8200 www.neumiller.com Legal Neumiller & Beardslee is a law firm that provides services to all types of special districts, cities, and counties, including as general counsel, litigation services, Proposition 218 procedures, construction contracts, and personnel matters.

Nossaman LLP 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 (949) 833-7800 www.nossaman.com Consulting, Legal Whether it is working to build public infrastructure, provide healthcare services, entitle private development, manage natural resources, complete real estate transactions, or increase business profitability, clients count on Nossaman to get the job done.

Orrick Herrington & Sutcliffe LLP 405 Howard Street San Francisco, CA 94105 (415) 773-5480 www.orrick.com Legal Providing bond counsel and disclosure counsel services to cities, counties and special districts throughout California.

34

Renne Sloan Holtzman Sakai LLP 350 Sansome Street, Suite 300 San Francisco, CA 94104 (415) 678-3800 www.publiclawgroup.com Government, Human Resources, Legal Dedicated to providing effective, innovative legal representation, policy advice, and human resources/labor relations consulting to meet the distinctive needs of local governments and nonprofit organizations.

Richards|Watson|Gershon 355 S. Grand Avenue, 40th Floor Los Angeles, CA 90071 (213) 626-8484 www.rwglaw.com Consulting, Legal Richards|Watson|Gershon (RWG) is widely recognized as a premier full service law firm to local governments, providing the highest quality legal services. Local governments rely on RWG because it has assembled a team of leading attorneys in the state and dedicated them to creatively solving the problems of local governments. RWG was established in 1954, and the firm has been providing public entity legal services for 60 years. Our representation of public entities includes cities, towns, counties, school districts, community service districts, water districts, airports, other special districts, joint powers authorities, successor agencies and former redevelopment agencies (which are currently navigating dissolution pursuant to AB X1 26 and AB 1484).

PR/MARKETING Communication Advantage PO Box 189573 Sacramento, CA 95818 (916) 930-0445 www.martyboyer.com Crisis Management, Government, PR/Marketing, Strategic Communications Planning, Training Communication Advantage is an independent communications consulting firm serving its members with a variety of public engagement and communications services.

PURCHASING US Communities 2999 Oak Road, Suite 710 Walnut Creek, CA 94597 (949) 769-4184 www.uscommunities.org Discount Purchasing U.S. Communities Government Purchasing Alliance is a government purchasing cooperative that reduces the cost of goods and services by aggregating the purchasing power of public agencies nationwide.

RISK MANAGEMENT

Special District Risk Management Authority 1112 I Street, Suite 300 Sacramento, CA 95814 (916) 231-4141 www.sdrma.org Risk Management, Insurance, Coverages Our member focused mission is to provide renewable, efficiently priced risk financing and risk management services for public agencies.

Coverages include property/liability, workers compensation and health benefits.

SOLAR SunPower Corporation, Systems 2125 East Katella Avenue, Suite 200 Anaheim, CA 92806 (949) 892-7952 www.sunpower.com Solar, Energy, Construction, Engineering, Financing Since 1985 SunPower has been a leading global energy services provider dedicated to changing the way the world is powered. SunPower designs and manufactures solar panels that are unmatched in long-term reliability, efficiency and guaranteed performance.

California Special District – May-June 2014

STAFFING Regional Government Services/Local Government Services PO Box 1350 Carmel Valley, CA 93924 (650) 587-7300 www.rgs.ca.gov Staffing Services Regional Government Services Authority provides services only to other local governments. Our highly experienced staff have solutions to operational or workload challenges, including employer services and employee benefits, sharing staff to reduce costs, payroll, and HR and Financial consulting (e.g. training, classification, recruitment and operational reviews).

TECHNOLOGY SOLUTIONS

Black Mountain Software, Inc. 145 Southlake Crest, Suite 1 Polson, MT 59860 (800) 353-8829 www.blackmountainsoftware.com Computer Software Black Mountain Software provides fund accounting, utility billing, payroll, and cash receipting solutions specifically designed for local governments and special districts. Rely on our easy-to-use software products to ensure regulatory compliance and improve operational efficiency.

California CAD Solutions, Inc. PO Box 4779 Modesto, CA 95352-4779 (209) 578-5580 www.calcad.com Construction, Technology California CAD Solutions, Inc. specializes in GIS implementations that are deemed impossible.

CCS maintains a highly qualified staff of GIS professionals providing cost effective, “downto-earth” approaches to GIS. Call to schedule an appointment today.

Connect Solutions 731 Market Street, Suite 600 San Francisco, CA 94103 (415) 343-7600 www.connectsolutions.com

Incrementum 4130 Cahuenga Boulevard, Suite 210 North Hollywood, CA 91602 (310) 586-7500 www.incrementum.us.com Document Imaging, Document Management, Records Management, Enterprise Content Management Solutions Provider of document imaging, document management, records management, and enterprise content management solutions. Our goal is to help organizations run more efficiently and become more environmentally friendly. We achieve this by reducing dependence on paperbased processes and conventional filing systems.

OpenGov 1023 North Shoreline Boulevard #100 Mountain View, CA 94043 (650) 336-7167 www.opengov.com Officials and citizens from local governments across the U.S. (including Salinas Valley Solid Waste Authority) save time accessing, analyzing, and sharing budget and financial data using OpenGov.com’s web-based transparency platform.

ParcelQuest 2330 E. Bidwell Street, Suite 200 Folsom, CA 95630 (888) 217-8999 www.parcelquest.com Computer Software, Technology Solutions ParcelQuest works directly with all of the county assessors in California to provide daily updated parcel data and APN maps online.

TRAINING Davenport Institute, Pepperdine School of Public Policy 24255 Pacific Coast Highway Malibu, CA 90263 (310) 506-8054 www.publicpolicy.pepperdine.edu Training The Davenport Institute supports and promotes public participation on local policy-making through consulting and training. We offer training on public engagement and facilitation skills.

Buyer’s Guide

The Lew Edwards Group 5454 Broadway Oakland, CA 94618 (510) 594-0224 www.lewedwardsgroup.com Financing, Planning, PR/Marketing, Training The Lew Edwards Group (LEG) is an awardwinning communications/political consulting firm providing ballot measure preparation/ political consulting services to special districts: community outreach/communications; ballot measure preparation; political campaign management. LEG has passed $30+ Billion with a 94 percent success rate.

Rural Community Assistance Corporation (RCAC) 3120 Freeboard Drive, Suite 201 West Sacramento, CA 95691 (916) 447-9832 xt.1007 www.rcac.org Community Facilities Loans, Infrastructure Loans, Technical Assistance, Training RCAC is a private, nonprofit organization dedicated to assisting rural communities achieve their goals and visions by providing training, technical assistance and access to resources to drinking water operators, owners and board members throughout the state.

TRANSLATION SERVICES Avantpage 1138 Villaverde Lane Davis, CA 95618 (530) 750-2040 www.avantpage.com Translation Services Avantpage provides translation, localization, language technology workflow, and multilingual DTP services. We create successful client partnerships and have earned multiple certifications. Our online systems and advanced language technology provides responsive, quality, and efficient translation services.

UTILITY COST CONTROL Utility Cost Management LLC 6475 N Palm Avenue, Suite 105 Fresno, CA 93704 (559) 261-9230 www.utilitycostmanagement.com Consulting, Energy, Utility Cost Control Utility Cost Management LLC is a firm that seeks to reduce clients’ electricity, gas, water, sewer and solid waste charges through the informed application of utility regulations.

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BUSINESS AFFILIATE special acknowledgements

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

HdL Coren & Cone Property tax consulting www.hdlcompanies.com

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

Meyers Nave Legal www.meyersnave.com

California CAD Solutions, Inc. Construction, Technology www.calcad.com

PARS Benefits, Retirements www.pars.org

CPS HR Consulting Consulting, HR, Recruiting, Training www.cps.ca.gov

Special District Risk Management Authority Risk management coverages www.sdrma.org

CSDA Finance Corporation Tax-exempt financing www.csdafinance.net Hanson Bridgett LLP Legal www.hansonbridgett.com

Thank you to our diamond and gold level business affiliates for their generous support.

highlight

CalTRUST Passes $2 Billion Milestone In April - Assets Up Over 33 Percent In Past Year CalTRUST, a local agency investment pool endorsed by CSDA, closed the month of April with over $2.06 billion in assets, an all-time high. Of those total assets, nearly a third are from special districts.

CalTRUST provides special districts and other local agencies with three account options: money market, short-term and medium-term. Agencies can select the account option that matches their investment timeline and cash flow needs and easily reallocate among those accounts as needs change.

The strong and steady growth in CalTRUST assets is testimony to the program’s flexibility, transparency and ease of use. It reflects the increasing recognition on the part of local agencies of CalTRUST’s impressive track record of performance and reliability.

For more information, visit www.CalTRUST.org.

California Special District – May-June 2014

[Solutions & Innovations]

Master plan continues a long tradition

By Robert Doyle, General Manager, East Bay Regional Park District

years on behalf of the cause. May obtained funding to pay for a feasibility study. It was completed

by Olmsted Brothers, a landscape architecture firm run by the sons of the “scenic lanes” advocate. The study’s co-author was Ansel Hall, Yosemite National Park’s first naturalist and head of the National Park Service’s educational division, then headquartered at UC Berkeley.

Now celebrating its 80th anniversary, the East Bay Regional Park District continues its long tradition of community involvement, not just through use of its many parklands, but also through public engagement in drafting its master plans, which set the district’s guiding policies. Like its predecessors, the district’s newest Master Plan, published in 2013, was completed with extensive public input.

Based in Oakland, the district was established back in 1934 as the result of a grassroots movement of outdoors enthusiasts and leading citizens who believed strongly that the natural surroundings that made the East Bay such an attractive place to live should be preserved for public enjoyment.

Setting aside parklands in the East Bay hills had been proposed as early as 1866 by the renowned landscape architect Frederick Law Olmsted, Sr., who suggested construction of “scenic lanes” along the ridge tops.

Other prominent citizens made similar suggestions in later years. But the idea gained real traction after 1928, when the East Bay Municipal Utility District declared 10,000 acres of its East Bay watershed land as surplus and available for sale.

The University of California at Berkeley was an epicenter of the movement to obtain the surplus open space for public parkland. Many Berkeley professors, administrators, and early-day environmentalists were involved. Samuel May, director of the university’s Bureau of Public Administration, had lectured for

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The Olmsted-Hall report, entitled “Proposed Park Reservations,” stated the need for parks to serve the growing East Bay population, emphasized the importance of longrange planning, and urged the water district to open the lands. Really it was a prototype master plan in advance of the actual parks.

Subsequent efforts of community leaders backed by extensive public support led to state legislation in 1933, enabling creation of a park district. In 1934 East Bay voters approved establishment of the district, election of its first board Board of Directors, and a tax of five cents per $100 assessed valuation to fund operations.

The district’s first formal Master Plan was completed in 1973. There have been a total of five, all advancing the philosophy first stated in the Olmsted-Hall Report.

The 2013 Master Plan is not radically different from its predecessors. “What we had to start with was a really good document (the previous master plan),” said Mike Anderson, the assistant general manager with overall responsibility for generating the new plan. “We never took the tenor of that document away.”

Share your Solutions & Innovations Do you have a new program, process or facility that increases efficiency, reduces costs, improves service or otherwise helps make your community a better place to live? California Special District wants to know about it! Contact Nicole Dunn at nicoled@csda.net or (877) 924-2732.

The 2013 Master Plan essentially guides district policies and operations for the next decade and beyond. It reaffirms the park district’s core values of conservation, environmental education, and outdoor recreation, including park access for all residents. It places a heavy emphasis on special outreach to young people, lower income families, and urban residents. With its 80 years of phenomenal success, the district needs to retain its relevance to the increasingly diverse East Bay population.

In order to compile the new plan, district staff undertook extensive outreach. The first step was a survey of district staff to obtain their judgment on what new issues should be addressed. Six or seven stood out, including changing demographics, more focus on interpretive and recreational programs, and the impact of new technology. Then the Strategy Research Institute conducted a formal public opinion survey. Coupled to that was a survey on the park district website that elicited 6,000 responses. In addition, six public meetings were held at locations throughout the district, at which staff presented draft sections of the master plan and answered questions.

All these efforts helped to clarify issues of concern to the general public and park user groups. In addition, comments about the district and its role in the community were obtained from public officials and concerned citizens, and incorporated into the new Master Plan.

“The Master Plan represents a look to the future for the park district,” said Beverly Lane, longtime park board member. “As with many agencies providing similar services, we need especially to draw young people into the parks.”

Beyond the detailed text, the Master Plan is pleasing graphically, with lots of photos and illustrations. “We felt that if we created something interesting and pretty then maybe people would look at it,” Anderson commented.

The final approved plan is available online on the park district website at www.ebparks.org, as part of the district’s pledge to be transparent and accessible in its policies and operations. Click on “Park Planning” under “See and Do!” on the left side of the home page.

California Special District – May-June 2014

Master plans will always have to be updated at regular intervals. It’s a necessity in order to keep up with changes in population, demographics, and the environment around us. But despite these factors, the constant for the East Bay Regional Park District since its establishment has been preservation of the natural beauty that makes the East Bay such an attractive place to live, so that its residents and visitors can enjoy the physical and emotional benefits of outdoor recreation.

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[Community Connections]

Getting information out about the drought One of the most important things special districts do during challenging times is keep the public informed. Public outreach is the way a special district can help its community meet the challenges it is facing head on. Through education and information, constituents can make better decisions and adjust their lifestyles accordingly. Here are some great ways districts are currently reaching out to the public regarding the drought.

Mail, Social Media, Websites and Public Meetings Perris Union High School District Team. Photo by Metropolitan Water District

The year 2013 was the driest in California’s recorded history and 2014, to date, hasn’t fared better. Governor Jerry Brown has declared a drought emergency, signed a $687 million drought-relief package into law and issued an executive order calling on Californians and California businesses to take specific actions to avoid wasting water. The State Water Board has approved $4 million in funds for interim replacement drinking water for economically disadvantaged communities with contaminated water.

The drought news affects every Californian and it often affects the way special districts provide core services. Not only are water agencies feeling the brunt of the drought, special districts of all types are having to adjust the way they do business to maximize water efficiency. Air quality management districts monitor and have to raise public awareness on higher winter particulate levels, more diesel emissions from agricultural pumps and a greater risk of wildfires. Recreation and park districts have to cut back on watering fields and maintaining landscapes. Cemetery districts must adapt to maintaining their grounds with as much water efficiency as possible.

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Direct mail, social media, postings on district websites and public meetings are some of the most commonly used methods of public outreach, and also some of the most effective. Contra Costa Water District’s Board of Directors approved a voluntary program in which CCWD customers are being called upon to voluntarily reduce their overall water use by 15 percent. To get word out about the program, the district placed information on the website and sent out direct mailings and newsletters.

Conejo Recreation and Park District used their website and social media heavily. The district posted an article on its website titled “Our Water Situation is Serious” and developed an online reporting form called “Do Report Irrigation Problems” (DRIP), where residents can inform the district if they believe its irrigation system is amiss. “Since we have over 1,126 acres of parkland, with 258 acres of grass turf, an estimated 70 miles of irrigation lines, and nearly 10,000 irrigation

Share your community connections Is your district interacting with the community in a new and original way? California Special District wants to know about it! Contact Nicole Dunn at nicoled@csda.net or (877) 924-2732.

heads, we need the community to help spot problems,” says General Manager Jim Friedl.

Town hall style meetings are also effective in getting the word out to constituents about the drought situation. Sonoma County Water Agency held four such meetings for residents to learn about the drought, receive an update on water supply conditions and hear from local organizations about water conservation rebate programs. The meetings also featured information tables with conservation materials, including water wise gardening brochures, applications for water use efficiency rebate programs and more.

Tours – A More Hands-On Experience Districts across the state are also offering public tours to get information out. Coachella Valley Water District provided the opportunity for community leaders and valley residents to get an inside look at its expansive water system.

The Water Awareness Tour allowed attendees to visit the groundwater replenishment facility, domestic water reservoir and wastewater recycling plant. Dublin San Ramon Services District allowed the public to tour its wastewater treatment and water recycling plant to give participants a better idea of how their wastewater was being repurposed for irrigation and landscaping purposes.

When people have the opportunity for a more hands-on experience, they can get first-hand understanding of how the water in their community is used and where it is coming from.

California Special District – May-June 2014

Campaigns An excellent way of getting a message out, and getting the public involved, is by launching a campaign. A series of coordinated activities – particularly if they fall under a catchy name – encourages the public to take action. San Diego County Water Authority (SDCWA) has used a few campaigns pertaining to the drought.

It worked with the U.S. Environmental Protection Agency on a Fix A Leak Week campaign. “San Diego County residents and businesses have done a great job of saving water in recent years, but leaks are one of those things you always have to be on the lookout to spot and fix right away,” says Jason Foster, director of public outreach and conservation. “This year, with a serious drought facing California, we are putting out a special call to fix any leaks outdoors, where the typical household uses the majority of its water.” Through the campaign the authority gave away toilet leak detection tablets at numerous water-related events. It also used donated gift cards to acknowledge the first five people who submitted a photo of someone undertaking leak reduction efforts on their home irrigation system to the authority’s Love Your Water smartphone contest.

In late April SDCWA, launched a When in Drought campaign.

It spread the message “When in Drought: Save every day, every way,” through ads, public service announcements and online communications. The campaign works to promote water conservation efforts, thank residents and businesses for taking action to save water, provide a onestop resource for drought-related information in San Diego County and raise awareness of efforts by the region’s water agencies to make San Diego County less vulnerable to supply shortages.

Thinking Visual One of the best ways to reach and make an impact on people is continued on page 46

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Legal Brief California Supreme Court To Decide: Is A Prevailing Defendant In An Employment Discrimination Lawsuit Entitled To Recover Litigation Costs From The Plaintiff?

By Judith S. Islas, Liebert Cassidy Whitmore

On October 16, 2013, the California Supreme Court granted review in Williams v. Chino Valley Independent Fire District (2013) 218 Cal. App. 4th 73. The California Supreme Court’s decision in this case will impact all specials districts, other public agencies, as well as, private employers.

The Court will decide whether there is a double standard in employment discrimination cases that automatically allows prevailing plaintiffs to recover litigation costs, but only allows prevailing employers to recover litigation costs where the discrimination case is frivolous, unreasonable or groundless.

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The plaintiff in this case was a former Fire Captain with the Chino Valley Fire District. Williams disability retired in 2002, sought reinstatement in 2008, and filed a lawsuit in 2008 that included claims for disability discrimination under the California Fair Employment and Housing Act (“FEHA”). The district prevailed when the Court of Appeal granted the district’s petition for peremptory writ of mandate and ordered the trial court to enter an order granting the district’s motion for summary judgment. Judgment was then entered in favor of the district.

The district sought costs as the prevailing party.

Williams challenged this, arguing the United States Supreme Court standard set forth in Christiansburg Garment Co v. Equal Employment Opportunity Commission (1978) 434 U.S. 412 (“Christiansburg”) - that attorney’s fees to a prevailing defendant in a

If Williams prevails before the California Supreme Court, when special districts and other public agencies are sued, the burden of paying these costs would be forever shifted from non-prevailing plaintiffs to the public coffers.

discrimination lawsuit can only be awarded where the lawsuit is frivolous, unreasonable, or groundless -also applies to an award of costs. The trial court rejected this argument, awarded costs to the district, and Williams appealed. The Court of Appeal also rejected Williams’ arguments and in an eighteen page published opinion held Christiansburg does not apply to a prevailing FEHA Defendant costs award. Williams filed a petition for review on the grounds this is an issue of statewide public importance and there is a split of appellate authority that needs resolution of this constantly recurring issue. The petition was granted. Williams and the Chino Valley Independent Fire District have both submitted their briefing to the California Supreme Court.

Oral argument and the Court’s decision in this case, will likely occur in 2015.

The financial consequences and basic fairness at stake in this case are enormous. In 2012, 19,839 charges were filed with the California Department of Fair Employment and Housing (“DFEH”). Special districts are consistently faced with defending lawsuits filed after the DFEH issues right-to-sue notices on these charges. The attorneys’ fees and costs paid to defend these claims are significant. In Williams the district had already incurred $12,488.07 in costs by the summary judgment stage, an amount that would have more than doubled, to at least $30,000, had the case gone to trial.

Special districts have a direct financial interest in this case California Special District – May-June 2014

because it significantly impacts public funds. If Williams prevails, no special district or any other public or private employer will ever again be able to collect costs from the plaintiff upon prevailing in a FEHA lawsuit and after devoting considerable funds and organizational effort to do so, unless the special district spends more litigation dollars and is able to prove the very high standard, that the lawsuit is frivolous, unreasonable, or groundless.

The financial impact to special districts on a collective basis will be huge. There are about 2,300 special districts in California, with an average of about 48 employees each, for a total of 110,400 special district employees statewide. If only one employee in each special district files a FEHA lawsuit over the next five years and the average costs per lawsuit are $30,000, in just five years that would be $69,000,000. In addition to this collective impact, the impact to one special district can be tremendous. Special districts often have a flurry of discrimination lawsuits at one time or a single employee who files successive suits, placing a very large burden on that individual special district or other public entity.

If Williams prevails before the California Supreme Court, when special districts and other public agencies are sued, the burden of paying these costs would be forever shifted from non-prevailing plaintiffs to the public coffers. Special districts individually and collectively have a clear and real fiscal interest to stand up to and oppose this potentially harsh and inequitable fiscal result.

CSDA has filed an amicus brief supporting the Chino Valley Independent Fire District in this case, which ultimately supports all its member districts.

Judith S. Islas, Counsel in the San Diego office of Liebert Cassidy Whitmore, has an extensive background representing special districts and other public agencies in all types of employment litigation at the trial and appellate levels, in both state and federal courts. Judith represents the district in the case discussed above. Judith can be reached at jislas@lcwlegal.com.

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General Managers - Are you ready to become certified? direction by a professional exam development firm, this certification gives successful candidates recognition unmatched by any other program.

The exam covers all key aspects of special district administration including: governance; legal requirements; policy development; ethics in public service; strategic planning; public finance and more.

The Special District Administrator (SDA) Certification is a voluntary designation sought by agency general managers and other management staff who strive to be the best in their field.

By becoming certified as an SDA: • You demonstrate your commitment to the profession and special districts • You improve your career opportunities • You improve your overalls skills and knowledge • You receive greater professional recognition from peers and agency governing boards In order to become certified, you must first complete an application process followed by a two hour exam.

The certification examination and study guide were developed through the participation of over 100 volunteer subject matter experts who know special district administration. Guided by the SDLF Board, Certification and Audit Advisory Committee and under

Part of the SDA application requirements is the completion of at least 160 hours of continuing education within the last five years. In order to assist managers from districts with small operating budgets, the SDLF Board approved the 2014 John Yeakley SDA Scholarship. This scholarship will cover registration fees for continuing education related to special district governance and operations for general managers and executive staff of districts with budgets of less than $5 million. Applicants must be currently pursuing their SDA designation and will need to submit a five year plan for completing the designation.

Funds received from the scholarship can be applied toward CSDA webinars, workshops or SDA study materials and exam fees. Lodging and transportation are not included. The application also requires a short biography and recommendation from your board of directors and is available online. Applications have a rolling deadline of the 15th of each month and award notification will be made by the 30th of each month as funds are available and will be reviewed by a three member panel of the SDLF board.

To find out the qualifications for taking the Special District Administrator examination and scholarship opportunities, please visit www.sdlf.org or call (916) 231-2939.

“SDLF awarded three educational scholarships - over $1,400 - to the Aromas Water District in 2013. The qualification process was straightforward, timely, ongoing and easily accessible online. Both the general manager and a new board director benefited from this award with attendance to the General Manager Leadership Conference as well as the CSDA Annual Conference in Monterey. For a small district like ours, this professional development assistance is truly appreciated.”

– Vicki Morris, General Manager Aromas Water District

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Staff

CSDA Appointees

Neil McCormick, Administrator Megan Hemming, Program Manager Charlotte Lowe, Program Assistant Rick Wood, Finance Manager

Stanley Caldwell, Mt. View Sanitary District Jo MacKenzie, Vista Irrigation District Sherry Sterrett, Pleasant Hill Recreation & Park District

SDRMA Appointees Special District Leadership Foundation 1112 I Street, Suite 200 Sacramento, CA 95814 www.sdlf.org

David Aranda, SDA, North of the River Municipal Water District Sandy Raffelson, Herlong Public Utility District Jean Bracy, SDA, Mojave Desert Air Quality Management District

Public Member Appointees

Katie Kolitsos, Chief Consultant, Assembly Local Government Committee April Manatt, April Manatt Consulting Geoffrey Neill, California State Association of Counties

Recognitions

Special District Administrator Certification • Bob Berggren, Pleasant Hill Recreation & Park (renewal) – March 2014 • Dennis LaMoreaux, Palmdale Water District (renewal) – March 2014

Recognition in Special District Governance • Gil Navarro, San Bernardino Valley MWD – February 2014 • Michael Baffone, North Tahoe Fire Protection District – February 2014 • Luis Cetina, Cucamonga Valley Water District – March 2014 • Sharon Disney, North County Cemetery District – March 2014 • W. James Wagoner, Butte County Air Quality Mgmt District – March 2014 • Byron Glennan, Rosamond Community Services District – March 2014 • James Ferryman, Costa Mesa Sanitary District – April 2014

Special District Leadership Foundation Programs promoting good governance.

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District Transparency Certificate of Excellence A stand-alone program of SDLF, made available to districts that apply and meet certain requirements. It is also a required component of the District of Distinction Accreditation.

This program promotes transparency in the operations and governance of specials districts to the public.

For more information and an application, visit www.sdlf.org or call 916.231.2939.

SDLF is supported by The Special District Leadership Foundation (SDLF) is a an independent, non-profit organization formed to promote good governance and best practices among California’s special districts through certification, accreditation and other recognition programs.The SDLF and its activities are supported through the California Special Districts Association and Special District Risk Management Authority.

California Special District – May-June 2014

Getting information out about the drought [continued from page 41] by using visual cues: signs, posters, markers – anything that people can see and instantly tie to the message you are sending. Fresno Metropolitan Flood Control District is a founding member of the Central Valley Water Awareness Committee (CVWAC). In preparation for its May “Water Awareness Month,” CVWAC designed a poster to be hung

in all 34 branches of the Fresno County Library. The district used unique messaging – “You know what to do. It’s all over the news – reduce your water use by 20 percent,” – to convey the importance of conservation and also included messaging to let people know they weren’t expected to fix the drought with conservation alone but that the water organizations in their area were on the job too.

You know what to do.

It’s all over the news - reduce your water use by 20%.

You’re not in it alone. As you do your part to conserve your community’s precious water, the organizations of the Central Valley Water Awareness in Committee are working together behind the scenes in drought years and wet years.

Water conservation, groundwater replenishment, water delivery, and pollution prevention are our business every day, regardless of the weather forecast.

• Association of Metropolitan Water Agencies • Bakman Water Company • California Department of Transportation • Center for Irrigation Technology, Fresno State • City of Clovis

Aldercroft Heights County Water District used visual cues in their outreach efforts by hanging red flags with “Please Conserve” on the district’s raw water tanks. Any residents driving into the district must drive past the tanks and all would have the opportunity to see the flags each time they make the drive.

Starting Young The children are our future. And taking the time to educate students on drought preparedness is what many districts are doing across California. Orange County Water District, with several other area organizations, hosts a Children’s Water Education Festival every year. Over 7,000 third through fifth grade students attend the festival to learn about water resources, the environment and recycling. The festival teaches children to be aware of their environment through hands-on education activities.

Santa Clara Valley Water District held a youth media contest this year to generate and increase awareness on water-saving efforts. The district accepted video and poster entries focusing on water conservation tips and easy ways to save water in response to the drought.

Contestants were encouraged to create new and original graphics, visual elements and concepts to convey the contest theme.

Messaging tips were provided at the save20gallons.org website. Winners were recognized at a ceremony at water district headquarters and prizes were granted to winning contestants.

How Will Your District Reach Out? Your special district has probably already undertaken water conservation efforts – have you also taken steps to keep the public informed? Your agency works closely with and for the community and your public outreach efforts can be influential. Education is key. If it hasn’t already, how will your district reach out?

• City of Fresno • Fresno County Farm Bureau • Fresno Irrigation District • Fresno Metropolitan Flood Control District • Kings River Conservation District • Kings River Water Association • Malaga County Water District Thank you for all you do to protect your community’s water! For water saving tips and water resource facts, visit www.CentralValleyWater.org.

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anaging Risk

Labor law–Exhaustion of administrative remedies required Aaron MacDonald v. State of California, et al. Court of Appeal, Third District (August 27, 2013) There has been an increase in the number of claims and lawsuits alleging the violation of Labor Code §1102.5 also known as “Whistle Blower” claims. A recent decision by the Third District, Court of Appeals has created a conflict that the California Supreme Court will have to rule on.

California Labor Code § 1102.5 states in part: (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties. (b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.

A proud California Special Districts Alliance partner.

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(c) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. (d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised his or her rights under subdivision (a), (b), or (c) in any former employment. (e) A report made by an employee of a government agency to his or her employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b).

In this case, the Third District of the Court of Appeal acknowledged and clarified the question that troubled many employers until now. Namely, an employee must exhaust the administrative process created by Labor Code § 98.7 before filing a whistleblower retaliation lawsuit brought under Labor Code §1102.5.

Officers

David Aranda, President, North of the River Municipal Water District Muril Clift, Vice President, Cambria Community Services District Jean Bracy, Secretary, Mojave Desert Air Quality Management District Special District Risk Management Authority 1112 I Street, Suite 300 Sacramento, CA 95814 tel: 800.537.7790 www.sdrma.org

Members of the Board

Terry Burkhart, Bighorn-Desert View Water Agency Ed Gray, Chino Valley Independent Fire District Sandy Raffleson, Herlong Public Utility District Michael Scheafer, Costa Mesa Sanitary District

Plaintiff Aaron MacDonald (“MacDonald”) was hired by the State of California (“State”) to work for the California State Assembly (“Assembly”) at an office in San Joaquin County. A few months after starting his new job, MacDonald complained to several of his supervisors that one of them was illegally smoking in the office, violating two state laws. One of the supervisors assured MacDonald that the problem was serious and would be dealt with, but two weeks later, MacDonald was fired.

MacDonald filed suit against the Assembly and the State for retaliation, discrimination and wrongful termination.

MacDonald claimed: (1) retaliatory discharge in violation of Labor Code § 1102.5; and (2) retaliatory and discriminatory discharge in violation of Labor Code § 6310.

The defendants demurred, arguing that MacDonald was required to exhaust his administrative remedy with the Labor Commissioner under Labor Code § 98.7 before he could sue. The trial court agreed and sustained the demurrer, dismissing the case with prejudice.

MacDonald appealed.

The Third District Court of Appeal affirmed the trial court’s decision, stating that MacDonald was required to exhaust administrative remedies by taking his complaint to the Labor Commissioner before suing in court. Specifically,

Consultants

Lauren Brant, Public Financial Management Ann Siprelle, Best Best & Krieger, LLP David McMurchie, McMurchie Law John Alltop, Bickmore Risk Services & Consulting Charice Huntley, River City Bank James Marta, CPA, Auditor Karl Snearer, Apex Insurance Agency Doug Wozniak, Alliant Insurance Services, Inc.

Labor Code § 1102.5 provides employees with protection from retaliation for “disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. Government Code § 7597 provides public employees with similar protection. In 2003, § 1102.5 was amended to provide protection for employees who refuse to participate in illegal activities. Labor Code § 1102.5 (c) bars retaliation “for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation or noncompliance with a state or federal rule of regulation.”

Labor Code § 98.7 provides an administrative remedy for employees seeking protection of Labor Code § 1102.5 and Government Code § 7597.

It states that an employee “. . . may file a complaint with the division within six months after the occurrence of the violation...” If the Labor Commissioner finds that a violation has occurred, it shall order appropriate remedies.

Labor Code § 98.7 provides an administrative remedy for employees seeking protection of Labor Code § 1102.5 and Government Code § 7597. It states that an employee “. . . may file a complaint with the division within six months after the occurrence of the violation...” If the Labor Commissioner finds that a violation has occurred, it shall order appropriate remedies. The same remedies are available in a lawsuit.

If the employer fails to comply within ten days, the Labor Commissioner may file an action in court, or if the commissioner declines to act, the employee may bring action in court.

SDRMA Staff

Gregory S. Hall, ARM, Chief Executive Officer C. Paul Frydendal, CPA, Chief Financial Officer Dennis Timoney, ARM, Chief Risk Officer Nicole Rushing, Finance Manager Ellen Doughty, Manager of Member Services Karen Lafferty, AIC, Senior Claims Examiner Shawn Vang, Accounting Technician Wendy Tucker, Member Services Specialist II Alana Batzianis, Health Benefits Specialist II Rachel Saldana, Administrative Assistant

MacDonald argued that the language of Labor Code § 98.7 is permissive, and not restrictive.

MacDonald relied on the court of appeal case Lloyd v. County of Los Angeles (2009) 172 Cal.App.4th 320, which held that the Labor Code did not require exhaustion of administrative remedies prior to suing in court. Lloyd’s ruling emphasized the language of the Labor Code provision, which states that a party “may file a complaint” with the Labor Commissioner, rather than using a restrictive words such as “must” or “shall.” The court of appeal criticized Lloyd, stating that the case incorrectly interpreted the law. The appellate court noted that the longstanding rule in California is that if an administrative remedy is provided in a statute, that remedy must be pursued before suing in court, even if the statute uses non-mandatory language such as the word “may.”

After criticizing the reasoning in Lloyd, the appellate court held that another case, Campbell v. Regents of University of California (2005) 35 Cal.4th 311, more accurately interpreted the law regarding exhaustion of administrative remedies in the Labor Code.

Campbell involved a lawsuit by an employee of the Regents of the University of California and stated that the employee was required to exhaust the university’s internal administrative remedies before suing in court.

continued on page 58

California Special District – May-June 2014

Money Matters Accessing drought grant funding before it dries up

By Peter J. Kampa, President/General Manager, Kampa Community Solutions, LLC

needs. Water purveyors, including a growing number of special districts, were offering wonderfully inexpensive rates to encourage high water use, robust crops and community beautification.

The last time that the reservoirs throughout the northern and central parts of the state were this low, Kenny Rodgers hit #1 with “Lucille” about a lovely lady who left California for Ohio in search of a man who had property with water enough to grow crops. That shows you how much I know about country music in 1977!

Not much. But I do certainly remember the drought in California that molded my lifelong interest and career in water management.

Creating The Thirst Why was it that so many communities in the state were ill prepared to deal with the severity of the 1976/77 drought? Had we as communities committed water supplies beyond our true supply capabilities? To truly understand we have to look back to the period in our state’s history when the construction of reservoirs, dams, diversions and new water supply infrastructure was at a peak, the mid 1920’s through the 1950’s. A quick glance at weather history reveals this same time period as “wet” with regard to rain and snowfall. Urbanized areas were growing quickly in population and water CSDA F C

A proud California Special Districts Alliance partner.

50

With ample water supply our communities grew rapidly in homes and population, which resulted in the blossoming of public facilities, sprawling public parks and construction of school after school, each equipped with the finest football and baseball fields. The 50’s through 70’s saw continued rapid growth and the maturing of water demand in communities where lawns met lawns and pools in every backyard was becoming the new norm. Water was plentiful, cheap and delivered for your every need without restriction.

Then It Hit 1976-77 - two years of what seemed like no rain.

Water providers began demanding immediate water use restrictions, but in most areas the pre-Facebook/ Web plea fell on deaf ears, as no one had heard of such a thing! In many areas of water plenty, there were no water meters and people had no idea how much water they used, or conserved. Seeking to keep the pool and assuming that in-home water conservation could get us through the drought, you began to hear “if its yellow, let it mellow and if its brown, flush it down and save water, shower together” as a means of cutting back on water use. Major urban areas ran dangerously low on water supply, and we realized for the first time in decades that perhaps our use of precious water resources had outstripped the supplies available in a severe drought.

So began the statewide trend of water conservation as a way of life, albeit much muffled as the drought had faded. Not without fight, the early 1990’s saw requirements for meters installed on all new water connections and low-flow plumbing fixtures.

Throughout the 1990’s and into the early 2000’s, the state enacted a number of laws that required public

Officers

James Acosta, President, Saticoy Sanitary District Jo MacKenzie, Vice President, Vista Irrigation District Scott Dowell, Secretary, Chico Area Recreation and Park District Paul Hughes, Treasurer, South Tahoe Public Utilities District

CSDA F C

CSDA Finance Corporation 1112 I Street, Suite 200 Sacramento, CA 95814 tel: 877.924.CSDA www.csdafinance.net

Consultants

David McMurchie, McMurchie Law Josephine Libunao, BNY Mellon Trust Co., NA William Morton, Municipal Finance Corporation Saul Rosenbaum, Prager & Co., LLC Jeff Stava, Nossaman, LLP

CSDAFC Staff

Neil McCormick, Administrator Cathrine Lemaire, Program Manager Charlotte Lowe, Executive Assistant Rick Wood, Finance Manager

Members of the Board

Leslie Keane, Orange County Cemetery District John Martin, Tehachapi-Cummings County Water District Steve Perez, Rosamond Community Services District

water agencies to carefully calculate water supplies available in a drought when adopting water management plans and making water supply commitments to new development.

The Federal Endangered Species Act and related laws, coupled with a steep rise in water management related lawsuits during this timeframe also added to the urgency and mandatory requirements for comprehensive water supply planning based on the worst case scenario drought (76/77 in most cases) and that includes strict water conservation requirements.

76/77 Not The Worst The 2013 rainfall year was the driest year since 1840; the year that official rainfall recording began in California. In fact, experts are of the opinion that the last time the state was as dry was over 500 years ago. The 20th Century was a mild and fairly wet period for our fine state. In history there have also been dry periods lasting up to 100 years.

What is not for sure is whether we are in for a longer dry spell. What is for sure, is that our experience this past year will forever change the way water is managed in this state.

Due to the severity of 2013, many have predicted the upcoming years as “Water Armageddon” in the California Legislature, regulatory agencies and courts. Having been personally involved with legislative and regulatory affairs over the past two decades, I do believe we are in

for the perfect storm. I strongly encourage districts of all types to engage in interactive dialogue with our local district water providers, cities, counties, community and environmental groups, about how water supply planning and management is conducted in our communities.

Integrated Planning As Drought Resiliency The past 90 years have proven to be a real challenge for public agencies, from rapid growth and increasing customer service expectations, transparency and accountability requirements, to the economic downturn and transition from phone and mail into communication via web, social media and text. And once again, handling drought. Special districts can effectively meet this challenge by active, versus passive, engagement of the public in the decisions and actions of the district.

By bringing all types of districts, cities, counties, government agencies, tribes, environmental groups and the public together to identify and address the water resource concerns of a region, Integrated Regional Water Management, or IRWM is a perfect example of public engagement.

Started in 2002 through state legislation, IRWM enables selfidentified regions to integrate continued on page 56

California Special District – May-June 2014

Hayward Area Recreation and Park Approved for $15 Million Financing

The

Hayward Area Recreation and Park District (HARD) was pleased to receive financing in the amount of $15 million from the CSDA Finance Corporation.

The financing plan, which is the largest amount in HARD’s history, allows the district to move forward with multiple projects. General Manager John Gouveia stated that the Board of Directors took a bold step in approving this financing plan. Though it is a large sum and a huge obligation, the end result will be the acquisition of a very desirable parcel of land that will one day make a great park and the jump-starting of several other exciting projects that might have otherwise taken years to begin.

In recognizing the importance of creating more open space for the communities it serves, HARD will use about a third of the proceeds to purchase the East Bay Municipal Utility District 24-acre site commonly known at the Redwood Filtration Plant property, located in Castro Valley. Other upgrades and expansions are planned for San Lorenzo Community Park, Hayward’s Kennedy Park and Fairmont Terrace Park in San Leandro.

“On behalf of the Hayward Area Recreation and Park District, we want to thank the CSDA Finance Corporation for making this transaction happen. It was quite a learning experience and we’re very thankful that we had your expertise,” says John Gouveia, general manager.

CSDA Finance Corporation’s financial consultants are uniquely qualified to help special districts achieve their goals. For more information or a no-obligation quote, contact CSDA Finance Corporation at 877.924.2732 or visit www.csdafinance.net.

[What’s so special]

Janet Klein, Natural Resources Program Manager

Volunteers jump in to help species Marin Municipal Water District

Every year the yellow-legged frog, a species designated as one of “special concern,” breeds. One of their breeding grounds is Little Carson Falls, a popular hiking spot on property managed by Marin Municipal Water District (MMWD). During the breeding season hikers can unknowingly trample the frogs’ egg masses.

MMWD sought to resolve this issue in a way that would help protect the frogs’ breeding efforts, allow hikers to continue to enjoy the popular falls and do so as cost-efficiently as possible. Their solution: volunteer frog docents.

Janet Klein, Natural Resources Program Manager with student

California Special District asked MMWD to explain why protecting the yellow-legged frogs breeding grounds is important and what it takes to be a frog docent.

What is a frog docent? What do they do?

Marin Municipal Water District’s frog docents are volunteers dedicated to protecting foothill yellow-legged frogs on Mt Tamalpais by increasing public awareness.

Docents monitor habitat conditions and educate hikers at Little Carson Falls, a popular hiking destination on Mt Tamalpais. The falls are one of Mt Tamalpais’ two remaining foothill yellow-legged frog breeding centers.

Because the frogs breed in the rocky shallows of the falls’ pools, their egg masses can be easily crushed by unaware hikers.

Each spring, MMWD frog docents hike more than a mile and a half through rugged terrain to set up spotting scopes at Carson Falls. Their goal is to make hikers aware of the frogs and their delicate egg masses before someone inadvertently crushes one. Frog docents help hikers find and safely observe the frogs and tadpoles, encourage them to keep their dogs on leash, and explain the importance of staying on trail and out of the water.

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Marin Municipal Water District Established: 1912 Size: 147 square miles (10 towns and cities plus unincorporated areas) Population: 186,000

Budget: Location: Website:

$69.6 million (FY 2014) Marin County, California marinwater.org

On the rare occasion when hikers ignore regulatory signs and fences, frog docents use radios to alert district rangers to the problem.

A typical frog docent will complete at least three 4-hour shifts over the course of the spring breeding season. Most docents work on Saturdays and Sundays, when the number of visitors to the falls is greatest.

Why does MMWD need volunteers for this purpose?

We know from historic records and recent observations that egg masses do get crushed by hikers and their dogs as they attempt to cross the creek or explore the pools. The nearby Cataract Creek population of yellow-legged frogs disappeared within the last 30 years; it is believed large numbers of people exploring the rocks and pools in the waterfall system was a significant factor in this loss.

Carson Falls is located in a remote canyon, about one hour from the district’s watershed headquarters.

MMWD is unable to maintain a regular presence at the falls throughout the frogs’ breeding season. To protect the frogs, the district has rerouted the Carson Falls trail, erected barriers and installed interpretative signs. But we know that these efforts do not stop every hiker from entering the breeding pools. A single misstep can destroy 1000-plus eggs. With fewer than a dozen egg masses laid in Little Carson Creek each year, losing even one can have devastating consequences for the continued survival of foothill yellowlegged frogs on Mt Tamalpais.

California Special District – May-June 2014

Frog docents provide a personal touch and an added layer of protection for the frogs.

Their volunteer status and their emphasis on education over enforcement make them ideally suited for the job of encouraging watershed visitors to slow down, look closely at their natural world, and stay out of sensitive habitat.

Why is it so important to protect the yellow-legged frog?

Frogs are an integral part of the food web.

Tadpoles keep waterways clean by feeding on algae. Adult frogs eat large quantities of insects, including disease vectors that can transmit fatal illnesses to humans (i.e., mosquitoes/malaria). Frogs and tadpoles also serve as an important food source to a diverse array of predators, including dragonflies, fish, snakes, birds, beetles, centipedes and even monkeys. Thus, the disappearance of frog populations disturbs an intricate food web and results in negative impacts that can cascade through the ecosystem.

Foothill yellow-legged frogs are also an excellent indicator of environmental health. Like most frogs, they require suitable habitat in both the terrestrial and aquatic environments. Because they have permeable skin that can easily absorb toxic chemicals, and because they require a very specific combination of sun, shade, warm, and cool water to successfully reproduce, frogs are considered accurate indicators of environmental stressors like the presence of chemical contaminants, deforestation, erosion, and climate change. Their continued survival is a good indication that something is going right in a given creek.

Last but not least, foothill yellow-legged frogs are fun. They are large and easy to see in the spring. Their transformation from jelly-like egg to swimming tadpole to jumping frog captures the imagination of many a budding young naturalist, providing a stepping stone into issues of conservation and stewardship. continued on page 57

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California Special District – May-June 2014

here.

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Money matters [continued from page 51] and implement water management solutions for their region. The fundamental principle of IRWM is that regional water managers, who are organized into regional water management groups (RWMGs), are best suited and best positioned to manage water resources to meet regional needs. You can find your region at kampaCS.com/ The majority of California’s water resource management investments are made at the local and regional level; and the level of investment through the IRWM process has been increasing rapidly with each new water bond proposed and the recognition of the benefit of local IRWM planning has also begun being recognized for federal funding as well. Going forward, IRWM will play a critical role in helping meet California’s water management challenges, including the 2014 drought.

Not Just Water Projects!

IRWMP is a public process, developed with the intent of active public engagement. This means that all special districts that provide water, wastewater or reclaimed water service; and any district that uses or needs water as part of its services such as parks, cemeteries, community centers and gardens all have a vested interest in the Plan, its water resources objectives and project lists. A well-developed IRWMP contains a diverse array of projects that have been prioritized by Plan participants. The IRWMP also contains a process in which individual projects are evaluated for the possibility of integration with other projects, the results of which are typically a more broadly supported, holistic water resources solution that serves a more broad community of interest.

To solve a drought related water supply shortage identified in an IRWMP, projects or programs in an IRWMP such as water conservation, leaky infrastructure repairs, implementation of advanced water treatment on a contaminated source, new irrigation wells or alternative irrigation supplies such as recycled water, greywater and rainwater systems may each be integrated together into a water supply

56

reliability package that resolves drought shortages and improves long term drought resiliency.

This is exactly the intent of the $200 million currently being offered by the state Department of Water Resources. To qualify for this funding, a project proposed by the district must be consistent with the region’s IRWMP, the district must adopt the IRWM Plan, and must meet other standard conditions contained in the DWR guidelines available at http:// kampacs.com/5-18grantworkshop/ . This process sounds daunting, but nearly all IRWMPs are broadly crafted so as to not exclude needed projects and adoption of an IRWMP is merely a district board action away, and does not bind the district to any particular course of action.

Priority projects for this funding will include those that provide immediate drought relief and improve a community’s drought resiliency, such as: • Leaky infrastructure replacement • Inefficient irrigation system renovation or replacement including smart technologies • New irrigation water sources such as wells, greywater or rainwater • Massive public facility fixture upgrade projects for water conservation • Large scale turf abandonment (subsidy) programs • Reclaimed water irrigation projects, including associated treatment works • Water treatment technologies to put contaminated sources to use A hypothetical IRWMP example, containing a multitude of projects from various districts, is also available at http://kampacs.com/5-18grantworkshop/.

It is not easy for managers, directors or key staff to be in all places at all times, following each and every process and grant opportunity. Participating in your local IRWMP and having your project contained in its funding priorities will provide your district the highest likelihood of grant success now and into the future.

Kampa Community Solutions was founded by Peter J. Kampa, a 20 year veteran special district manager, to assist communities in developing partnerships with their special districts and developing effective, collaborative solutions to all public service challenges.

What’s so special [continued from page 53] How does protecting the frogs fit within your district’s mission?

The Marin Municipal Water District’s mission is to manage our natural resources in a sustainable manner and to provide our customers with reliable, high quality water at a reasonable price. To that end, we own and steward nearly 19,000 acres of watershed lands on Mt Tamalpais, which falls within an internationally recognized biodiversity hotspot, the UNESCO Golden Gate Biosphere Reserve.

The yellow-legged frog is a species of “special concern.”

What does “special concern” mean?

The foothill yellow-legged frog is a California Department of Fish and Wildlife Species of Special Concern. This means there is consensus within the scientific community that this species is declining in number throughout much of its range and is at risk of becoming threatened or endangered. The foothill yellow-legged frog was once common from Oregon down to Baja, California. It is now extinct in more than 45 percent of its original range. Reasons for the decline include habitat loss and degradation, disease, and competition with or predation by invasive species. This species is just one of many imperiled in what is now referred to as the Global Amphibian Extinction Crisis.

Frog populations have been declining worldwide at unprecedented rates, and nearly one third of the world’s amphibian species are threatened with extinction. Up to 200 species have completely disappeared since 1980.

What makes Little Carson Falls an accommodating habitat for the frogs?

Little Carson Falls provides the right combination of sun and shade, fast-moving water, and slower pools for successful breeding. The frogs lay their eggs among cobbles where the rocks provide camouflage. The fast-moving water from the falls provides oxygen to nourish eggs and tadpoles. The stair-step pools provide a natural barrier that slows invasive species coming up from Kent Lake. The network of nearby drainages allows adult frogs to disperse out or migrate in from the breeding population at Big Carson Creek. Finally, the steep hike in and out of the falls does limit the number of visitors.

California Special District – May-June 2014

Working in concert with our rate payers, surrounding communities, and adjacent public land managers, MMWD actively advances the ecological health of our watershed lands through wildlife monitoring and management, habitat restoration, fuel load reduction, weed control, and public education programs. The frog docent program is just one of many ways we engage the public in protecting the sensitive resources entrusted to our care.

Training is required to be a frog docent. What does the training involve?

New frog docents complete a 1-day training that covers frog identification and biology, safety, radio communications, logistics, data collection and record keeping, and effective and non-confrontational ways of engaging the public. Docent trainees are introduced to the key MMWD staff that will support them—our volunteer coordinator, program interns and aide, and our rangers. Finally, docents go on a guided 3- to 4-hour hike out to Carson Falls to learn to spot frogs and to practice talking to hikers before they have stepped off the trail and into sensitive habitat.

Bythe

Numb3rs 196 – gallons of water used by the average Californian each day.

Managing risk [continued from page 49] The court of appeal rejected MacDonald’s contention that Campbell only applied to internal department administrative remedies, not remedies contained in the Labor Code.

The Appellate Court emphasized that Campbell regarded the university’s internal rule as if it were a statute, and held that the Labor Code requires exhaustion of administrative remedies before filing a lawsuit.

The Appellate Court emphasized that Campbell regarded the university’s internal rule as if it were a statute, and held that the labor code requires exhaustion of administrative remedies before filing a lawsuit.

With this split in authority, it is probable that the Supreme Court will address the issue of permissive or mandatory exhaustion of remedies. In the meantime,

MacDonald is beneficial to employers in that the Labor Commissioners can resolve many claims speedily, without the involvement of the courts. This also translates into fewer costs for the employer. Unlike litigation, the administrative process can be completed in months rather than years, which is particularly important in matters where liability exists.

On October 12, 2013, California Governor Jerry Brown signed into law SB 496, which, along with two other new laws (SB 666 and AB 263), expands protections for whistleblowers in California by significantly altering California Labor Code Section 1102.5, California’s general whistleblower statute. The amendments are effective January 1, 2014.

So What Changed?

(1) Section 1102.5 was limited to only cases of reporting violations of state or federal laws.

Now it protects complaints under any federal, state, or local ordinance.

(2) It used to just apply to terminations in response to whistle-blowers. It now applies to any adverse action in response to the claimed whistle-blowing.

(3) This section used to just apply to reports to governmental agencies. Now, in addition, it protects reporting to supervisors and other employees with investigative authority (this really does not impact public agencies, as the law has been that a report by a public employee to his supervisor is a claim to a government agency, as the employer is the government).

(4) The protection now extends to not just acts of the employer, but any person acting on behalf of the employer.

(5) The employer can no longer defend its action by claiming the employee had a duty to report the conduct.

We are continuing to monitor the changes as the legislature and courts continue to address these administrative due process issue.

For further information contact SDRMA Chief Risk Officer Dennis Timoney at 800.537.7790 or email Dennis at dtimoney@sdrma.org.

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