California Special District

CA SPECIAL

DISTRICT Publication of the California Special Districts Association

Volume 12, Issue 1, Jan - Feb 2017

FEATURE CalPERS’ Action on Discount Rate was a Prudent, Smart Decision

SOLUTIONS & INNOVATIONS

New Era for New Arena

For 75 years, Nossaman has partnered with public, private, and governmental agencies to provide a unique perspective on the law.

Nossaman is a full service public agency law firm based in California, proudly serving as CSDA's Bond Counsel, and also providing counsel to special districts in areas such as Public Finance, Public Agency Law, Water, Environmental, Land Use, Infrastructure, Employment, Insurance Recovery, Public Policy, and Eminent Domain.

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Volume 12, Issue 1 • January - February 2017

Contents

14

New Year, Renewed Board Interview with Alexandra Barnhill and Shayna van Hoften

18

CalPERS’ Action on Discount Rate was a Prudent, Smart Decision

22

Apple Valley Fire Protection District Voters Overwhelmingly Approve Tax for Emergency Services

4 CEO’s Message Connecting with constituents

8 Grassroots Action Update Public affairs field coordinators

5 Professional Development CSDA highlights the importance of good governance; Over $45,000 in scholarships available; Professional development calendar

12 In Brief Be tech savvy on the trails; Water district’s new advanced purification project; New watershed wise landscape professional certification training; Moraga-Orinda Fire District launches interactive financial transparency platform; Nation’s largest seawater desalination plant marks one-year anniversary

6 CSDA News CSDA welcomes new board members and executive committee; ILG offers resources; Brown Act compliance manual; Invite a non-member to experience CSDA; Helping districts make wise energy efficiency decisions

36

What’s So Special The Little Library District That Could!

Beaumont Library District

26 Legal Brief Decriminalized, not legalized: An employer’s guide to marijuana and the workplace 28 Managing Risk Highlighting new laws in 2017 32 Money Matters Revving up your revenue Emerging trends

24 Solutions & Innovations New era for new arena Printed on recycled paper.

California Special District – January-February 2017

CA SPECIAL

DISTRICT © 2016. California Special Districts Association.

All rights reserved.

Officers Vincent Ferrante, President Moss Landing Harbor District

ceo’s message

Greg Orsini, Vice President McKinleyville Community Services District Arlene Schafer, Secretary Costa Mesa Sanitary District Joel Bauer, SDA, Treasurer West Side Cemetery District William Nelson, Past President Orange County Cemetery District

Members of the Board Stanley Caldwell, Mt. View Sanitary District Ryan Clausnitzer, Alameda County Mosquito Abatement District Ralph Emerson, Garberville Sanitary District Jeff Hodge, Santa Ynez Community Services District Peter Kampa, SDA, Saddle Creek Community Services District Jo MacKenzie, Vista Irrigation District Elaine Magner, Pleasant Valley Recreation & Park District Noelle Mattock, El Dorado Hills Community Services District Shane McAffee, SDA, Greater Vallejo Recreation District Sandi Miller, SDA, Selma Cemetery District Ginger Root, Country Club Sanitary District Timothy Ruiz, P.E., East Niles Community Services District Fred Ryness, Burney Water 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 Rick Wood, Finance & Administration Director Madison Burton, Staff Assistant Emily Cha, Professional Development Assistant Bernice Creager, Public Affairs Specialist Marcus Detwiler, Legislative Assistant Rylan Gervase, Legislative Representative Dillon Gibbons, Legislative Representative Colleen Haley, Public Affairs Field Coordinator Mustafa Hessabi, Legislative Analyst Christina Lokke, Senior Legislative Representative Charlotte Lowe, Editor, Communications Specialist Steven Nascimento, Public Affairs Field Coordinator Anna Palmer, Member Services Specialist Chris Palmer, Public Affairs Field Coordinator Cassandra Strawn, Member Services Specialist Dane Wadlé, Public Affairs Field Coordinator James Wilfong, Senior Designer For editorial inquiries, contact Charlotte Lowe at 877.924.2732 or charlottel@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

Connecting with Constituents

Have

you taken time in your district to develop strategies to reach your constituents?

As an association, CSDA is expanding our reach to our main constituents...our members. At the beginning of January 2017, we added two new Public Affairs Field Coordinators bringing the total to four people working full-time in the field to communicate with, engage, inform, represent, and listen to our members so we can provide the best in service and identify issues that are important to them.

Much like at CSDA, connecting with constituents is also paramount for special districts. Having been with CSDA for 15 years, I have learned that every district has a very unique and ‘special’ story to tell about a program, initiative, and/or service that makes a difference in the lives of the people they serve. I believe there is a significant, untapped opportunity that the special district community has to highlight the special place districts hold in communities.

This is one of the reasons CSDA launched the Districts Make the Difference campaign last year. The campaign is not only a forum to put the spotlight on districts and create greater awareness, but also a means for districts themselves to access tools to foster awareness and engagement locally. District participation is essential to the success of this campaign, so it is imperative that every district get involved. You can learn more at www.districtsmakethedifference.org.

That said, now is the time to start

4

Neil McCormick

identifying strategies to connect with those that you serve in your community and remember that your constituent base can extend well beyond just your traditional customer. This can include other public agencies, chambers of commerce, legislators, and even schools to name just a few.

As an example, in 2016 CSDA launched our first statewide student video contest where students were encouraged to learn more about special districts and develop an informational video about them. We received a significant amount of submissions and were able to award some grants to the top three all while creating substantial exposure and awareness through social media and the press about special districts. I’m looking forward to holding the contest again in 2017.

So, now’s the time to get creative...connecting with your constituents shouldn’t be an afterthought. It needs to be an ongoing effort that engages and informs them. Special districts need to tell their stories to highlight what makes them so special! If they don’t do it locally, who will? And, if you do it in a thoughtful and consistent manner, it can lead to further engagement and support for your district: Awareness » Participation » Loyalty » Advocacy/Support.

We want to hear from you! Let me know about a special or unique program, service, or initiative that your district has implemented and we may highlight it in the future. neilm@csda.net.

Highlight

CSDA’s Special District Leadership Academy CSDA Highlights the Importance of Good Governance In 2017, CSDA will continue its focus on good governance in special districts. To support that emphasis, CSDA will offer three Special District Leadership Academy (SDLA) Conferences throughout the state: • February 26 – March 1, 2017 in La Jolla • April 23 – 26, 2017 in San Luis Obispo • July 9 – 12, 2017 in Napa

During the course of the SDLA conference, attendees will learn: how to work as a team; attributes and characteristics of highly effective boards; how culture, norms, values, and operating styles influence the district; specific jobs that the board must perform; how individual values, skills, and knowledge help shape how effective boards operate; the importance of moving from “I” to “we” as the governance team; the board’s role in setting direction for the district; the board’s role in finance and fiscal accountability; and much more. Registration is now open for all three SDLA Conferences at csda.net.

Special District Leadership Foundation

Over $45,000 in Scholarships Now Available The Special District Leadership Foundation (SDLF) board recently approved $45,250 in scholarships for special districts for 2017. Funds are available for directors/trustees and special district staff through three specific scholarship funds. These funds are currently accepting applications and have a rolling deadline of the 15th of each month.

• Dr. James Kohnen Scholarship for directors and trustees, from districts

with budgets of less than $10 million, who have not previously completed the Special District Leadership Academy.

• John Yeakley Special District Administrator (SDA) Scholarship for general managers and executive staff of districts with budgets of less than $10 million. Applicants must be currently pursuing their SDA designation.

• Education Allowance Fund provides financial assistance to elected/ appointed officials and staff from districts with annual budgets of less than $10 million, who are first time attendees at select events and/or programs.

Visit sdlf.org to download your application today.

California Special District – January-February 2017

March Mar. 7

WEBINAR

Best Practices in Agenda Prep & Taking Minutes

Mar. 8

WORKSHOP

Financial Management for Special Districts Rancho Cucamonga

Mar. 15

WORKSHOP

Proposition 26, Proposition 218 & Rate Setting, Oakland

Mar. 16

WEBINAR

Required Ethics AB1234 Compliance Training

Mar. 20

WORKSHOP

Supervisory Skills for the Public Sector, Marina

Mar. 23

WORKSHOP

Hammering Out a Framework: Construction and Business Matters, Fountain Valley

Mar. 27

WORKSHOP

So You Want to be a General Manager Sacramento

Mar. 28

WORKSHOP

SDRMA Safety/Claims Education Day, Sacramento

Mar. 30

WEBINAR

Legislative Round-Up

Save these Dates for Other Important Conferences!

SDRMA Safety/Claims Education Day

March 28, 2017 – Sacramento Special Districts Legislative Days

May 16 – 17, 2017 – Sacramento General Manager Leadership Summit

June 25 – 27, 2017 – Newport Beach CSDA Annual Conference and Exhibitor Showcase

September 25 – 28, 2107 - Monterey Special District Board Secretary/Clerk Conference

October 22 – 24, 2017 - Anaheim

CSDA NEWS CSDA Welcomes New Board Members and Executive Committee for 2017 The following CSDA Board Officers were elected for the 2017 Executive Committee: President– Vince Ferrante, Moss Landing Harbor District Vice President – Greg Orsini, McKinleyville Community Services District Secretary – Arlene Schafer, Costa Mesa Sanitary District Treasurer – Joel Bauer, SDA, West Side Cemetery District PAST President –William Nelson Orange County Cemetery District The 18-member board, consisting of three directors from six networks in California, is elected by mail. The election process was completed in August 2016 and CSDA would like to welcome the following new board members: Bay Area Network Ryan Clausnitzer Alameda County Mosquito Abatement District Central Network Sandi Miller, SDA Selma Cemetery District Coastal Network Jeffrey Hodge Santa Ynez Community Services District If you have any questions on the CSDA Board election process please contact Beth Hummel, executive assistant, at 877.924.2732 or bethh@csda.net.

ILG Offers Resources for California’s New Elected Officials and Staff As we kick off 2017, many special districts across California will welcome a number of new elected officials. Assuming a leadership role is not an easy task — today’s local leaders face numerous challenges. From their first day in office onward, they will be asked to balance multiple competing priorities with limited resources. To assist them, the Institute for Local Government (ILG)’s Local Government Basics Program has developed materials aimed at getting newly elected local officials and staff up to speed on a variety of key topics (www.ca-ilg.org/leadership-and-governance).

Local governments provide a variety of essential services to their communities. ILG offers local officials and staff various articles, videos and other resources in the following areas: • Maximizing the success of board-chief executive relations, with tips for both parties, including communications and evaluation strategies; • Encouraging innovation and smart risk-taking, with tips on how governing board members can help create a safe environment for reasonable risk-taking; • Budgeting and finance • The basics of public engagement; and • Navigating ethics law requirements for officials and staff and information on California’s transparency laws, the Brown Act and the Public Records Act. ILG Orientation Materials for Newly Elected Officials Do you have new elected or appointed officials in your agency? ILG has created a set of orientation materials to help bring new officials up to speed.

Topics include: • Public trust and transparency; • Responsibilities and powers; • Leadership skills; • Budgeting and finance; • Making decisions; • Working with staff; • Engaging the public; • Media relations; and • When bad things happen.

Access the materials at www.ca-ilg.org/orientationmaterials.

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ILG Updated Ethics Resources ILG recently updated two of our flagship ethics resources: Key Ethics Law Principles for Public Servants which provides a quick overview of ethics laws impacting California’s local officials and staff, and Understanding the Basics of Public Service Ethics Laws which provides a more in depth review of California’s ethics laws including gift laws, transparency laws and fair process laws. ILG is working with CSDA on a co-branded version of Understanding the Basics of Public Service Ethics Laws. Visit www.ca-ilg.org/ethics or www.csda.net to access these resources.

About ILG The Institute for Local Government is the research and education affiliate of the California Special Districts Association, the League of California Cities and the California State Association of Counties. Its mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities. ILG’s program areas include: Ethics and Transparency, Local Government Basics, Public Engagement, Sustainable Communities and Collaboration and Partnerships. To learn more about ILG’s resources and tools visit www.ca-ilg.org.

MORE INFORMATION FROM ILG Be sure to check out the upcoming webinars Public Engagement & Budgeting on April 19 and Governments Engaging Youth on May 23.

Visit www.csda.net to register.

California Special District – January-February 2017

New Resource for Members Coming Soon: Brown Act Compliance Manual

Helping Districts Make Wise Energy Efficiency Decisions

The newest addition to CSDA’s collection of useful publications is a guide to understanding the Brown Act. This manual includes an overview of the Brown Act as well as guidelines and tips for complying with various meeting agenda, notice, public participation and public reporting requirements. CSDA thanks contributor Donald Davis, Esq. and the firm of Burke, Williams and Sorensen. Visit the CSDA Bookstore online to reserve your copy.

CSDA is happy to announce a new member benefit for agencies considering solar installations, lighting retrofits, or other energy efficiency projects.

For years, CSDA’s Endorsed Affiliate, Utility Cost Management (UCM), has provided our members with expert energy bill analysis. Now they offer advisory services to help you get the greatest bang for your energy efficiency buck. Services include benchmarking, RFP preparation, evaluation of vendor proposals, and more. CSDA members get one hour advisory services at no cost or obligation, plus preferred pricing for services beyond the free hour. Visit www.utilitycostmanagement.com or call 559.261.9230 for more information.

Invite a Non-Member to Experience CSDA – and the Coffee’s on Us! Do you know a district that is missing out on the benefits of CSDA membership? Tell them about our free Trial Membership program and you could earn a Starbucks gift card for the referral. This is a limited time offer. Visit www.csda.net for details.

20+ PRESENTATIONS ON HOT LABOR AND EMPLOYMENT LAW TOPICS

19TH ANNUAL PUBLIC SECTOR EMPLOYMENT LAW CONFERENCE MARCH 8-10, 2017 | DISNEYLAND® HOTEL | ANAHEIM, CA www.LCWLEGAL.com/LCW-Conference

update

CSDA kicked off the year with two new Public Affairs Field Coordinators; Collen Haley and Steven Nascimento joined the team on January 3, 2017.

Colleen will be the field coordinator overseeing the Bay Area Network and Steven will be focused on the Central Network. Dane Wadlé will continue to cover the Northern and Sierra Networks, while Chris Palmer will continue to serve the Coastal and Southern Networks.

colleen haley colleenh@csda.net • Bay Area Network

Counties in the Bay Area Network: Alameda, Colusa, Contra Costa, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma,Yolo Counties in the Coastal Network: Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, Ventura

Chris Palmer chrisp@csda.net • Coastal Network • Southern Network

Counties in the SouthernNetwork: Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego

Counties in the Northern Network: Butte, Del Norte, Glenn, Humboldt, Lassen, Modoc, Plumas, Siskiyou, Shasta, Tehama, Trinity Dane Wadlé danew@csda.net • Northern Network • Sierra Network

Counties in the Sierra Network: Alpine, Amador, Calaveras, El Dorado, Placer, Nevada, Sacramento, San Joaquin, Sierra, Stanislaus, Sutter, Tuolumne, Yuba

In addition to our new field coordinators, the California Legislature is back at work with a couple new faces. Following the November 8 General Election, over 30 new legislators were elected to the State Assembly and Senate. That means the 201718 Legislative Session will have 25 percent new members. It also means it is time to update your legislator relationships within CSDA’s Grassroots Mobilization Program by completing our quick and easy online survey.

To find out who your new legislators are, log in to csda.net and navigate to your profile page. There, in the bottom-right of the page, you will find a section labeled “Advocacy,” which lists the legislators CSDA has on-file as representing your area.

It is important that CSDA members not only connect with their newly-elected legislators, but also connect with their current legislators on an ongoing basis.

Several upcoming opportunities to do this are facilitated

by CSDA, including the Special Districts Legislative Days event being held in Sacramento May 16-17, 2017.

Take Action Make every day an opportunity to increase awareness and understanding of special district by participating in our SEASONS OF ADVOCACY. SPRING • Attend Special Districts Legislative Days • Update your CSDA Grassroots Mobilization Survey at www.csda.net • Respond to CSDA “Calls to Action” on priority legislation • Sign up for CSDA’s Blog to receive timely updates and valuable information

steven nascimento stevenn@csda.net • Central Network

Counties in the Central Network: Fresno, Inyo, Kern, Kings, Mariposa, Madera, Merced, Mono, Tulare

8

• Download materials for the Districts Make the Difference outreach campaign by visiting www.districtsmakethedifference.org

?

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

If so, send your question to Charlotte Lowe, editor, at charlottel@csda.net.

Ask theExperts Do’s and Don’ts for Initiative Campaigns The Do’s • Do provide objective, factual information about the measure.

• Do make informational presentations to community organizations and stakeholders about the district’s needs during any time of the day, using legally approved information, upon request.

• Do answer questions from residents and provide factual information, including directing constituents to official district documents.

• Do refer constituents to the district website as needed for factual information about the measure or the district.

• IF considering participation in partisan activities, do so only during non-working hours (when off-duty) using non-district equipment (personal phones/ personal fax machines/personal computers and email). Make it clear that public resources did not fund any such activities or materials.

The California Secretary of State previously published a Statewide Initiative Guide to provide an understanding of the procedures and requirements for preparing and circulating initiatives, filing sections of the petition, and describing the procedure for verifying signatures on the petition. This guide is available online www.sos.ca.gov/elections/ballot-measures/ how-qualify-initiative/initiative-guide/.

Based on our understanding of the guide and our experience helping public entities with initiative campaigns, attorneys at Meyers Nave prepared the following list of Do’s and Don’ts for special district employees and elected officials who are involved in initiative campaigns.

10

The Don’ts • Do not use district resources of any nature, such as district facilities, district money, time while working in or for the district, district vehicles, district computers or email addresses, district phones, district fax machines, supplies or copies for advocacy efforts (e.g. encouraging others to support or oppose a ballot measure).

• Do not wear district uniforms, equipment, or garb when engaging in partisan activities. Do NOT say that you are “representing” the district in a partisan position.

• Do not require or request that colleagues participate in a partisan campaign during district work time or when representing the district.

• Do not urge passage or defeat of ANY ballot measure during work hours or at the district’s expense.

The list is not intended to serve as legal advice or counsel.

Please contact Meyers Nave Principal Richard Pio Roda for further assistance at rpioroda@meyersnave.com or 800.464.3559.

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 Charlotte Lowe, editor, at charlottel@csda.net and we will include them in our next issue!

The Dublin San Ramon Services District’s Board of Directors unanimously approved Carol Atwood as its new administrative services manager. The district also hired Jeff Carson as its new Operations Manager.

Three Valleys Municipal Water District has been notified by the Association of California Water Agencies (ACWA) that it was selected as the top outreach winner in its region for 2016. Outreach winners are recognized for their efforts in responding to key legislative issues and making quality contacts with congress members, state assembly members and senators on water legislation throughout California.

The Cucamonga Valley Water District (CVWD/District) received the prestigious Polaris Award from the Public Relations Society of America (PRSA) Inland Empire Chapter. The District was recognized for its Drought Emergency Campaign including all communications methods used during the historic enactment of the Stage 6: Severe Water Emergency during the 2015-2016 fiscal year.

Scott C. Taylor was appointed as the new General Manager for the Lamont Public Utility District. Mr. Taylor previously served as the Compliance Manager for the City of Camarillo and as the Willows Ca. City Manager.

The Vallecitos Water District (VWD) is pleased to announce that after a nationwide search with over 50 applicants, the VWD Board of Directors has appointed Glenn Pruim as its new General Manager.

The Vista Irrigation District has been presented with the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR) for fiscal year ending June 30, 2015. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government agency and its management team.

California Special District – January-February 2017

The Napa Sanitation District (NSD) was awarded the Agricultural Project of the Year Award by WateReuse for their recycled water expansion project. WateReuse is a national association that advocates for increased water reuse across the country. NSD General Manager, Tim Healy, accepted the award on behalf of NSD at the WateReuse conference.

The Association of Metropolitan Water Agencies (AMWA) awarded Coachella Valley Water District (CVWD) with its prestigious Gold Award for Exceptional Utility Performance. CVWD is one of only five agencies nationwide that met the stringent requirements necessary to receive the AMWA award for 2016. Assistant General Manager Robert Cheng accepted the award on behalf of CVWD at AMWA’s 2016 Executive Management Conference in Scottsdale, Arizona.

Fitch Ratings, a global rating agency that offers independent credit opinions, upgraded the rating for Olivenhain Municipal Water District’s (OMWD) revenue bonds from “AA+” to “AAA” with a stable outlook. In doing so, Fitch cited OMWD’s historically high liquidity, manageable borrowing plans, conservative financial forecasting, and equitable and disciplined rate-setting. AAA is the highest possible rating assigned by Fitch. Additionally, Standard & Poor’s, another major rating agency, reaffirmed OMWD’s AA+ rating with a stable outlook, citing extremely strong enterprise and financial risk profiles as well as good management policies and practices.

In Brief Water District’s New Advanced Purification Project

Be Tech Savvy on the Trails The Midpeninsula Regional Open Space District (MROSD) has 26 open space preserves throughout Santa Clara and San Mateo counties, and offers over 225 miles of trails for hiking, biking, horseback riding, and nature study. The preserve visitors tend to be very tech savvy and like to rely on their mobile devices for information. However, most of the preserves offer no or scant wireless connection so using a mobile device for location could be problematic. In an innovative step, MROSD staff has updated all of its trail maps for download as GeoPDF files. This new technology allows a visitor to use a smartphone or tablet to see the exact location in a preserve using a device’s GPS-no cell signal or wi-fi needed! While they don’t replace paper maps, GeoPDFs are a great tool to help keep track of an exact location. In addition, the MROSD GeoPDFs can save placemarks and track speed, distance, and elevation. To get started, go to iTunes or Google Play store and download “Avenza Maps”. MROSD maps are downloadable within the app by searching the store for MROSD. For more information, visit www.openspace.org.

Elected officials and other dignitaries joined Santa Margarita Water District officials to celebrate a new system that will fill Lake Mission Viejo with advanced purified water – saving more than 114 million gallons of drinking water annually. The lake is an important amenity for members who fish, boat and swim in its cool waters. It is in the center of the city’s seal. The treatment method is similar to one used by the Orange County Water District’s Groundwater Replenishment System facility in Fountain Valley. There, wastewater is treated in a process that includes filtration tanks, reverse osmosis and ultraviolet light, making it safe enough to supply underground drinking water in north and central Orange County. The water district approached the Lake Mission Viejo Association last year about using Advanced Purified Water to replenish the lake. Homeowners approved the change. The water is similar to what is created by the Orange County Water District to replenish the north OC drinkingwater aquifers. SMWD Board President Charley Wilson said the partnership between SMWD, the city and Lake Mission Viejo Association allowed the project to move forward in half of the time it normally would have taken.

Sources: Santa Clara County Special Districts Association, Municipal Water District of Orange County, Moraga-Orinda Fire District, Chino Basin Water Conservation District, San Diego County Water Authority.

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New Watershed Wise Landscape Professional Certification Training Chino Basin Water Conservation District is now offering a new certification for professionals interested in advancing their careers by designing, building and maintaining sustainable and water efficient landscapes.

The Watershed Wise Landscape Professional (WWLP) certification training, taught by CBWCD’s partners from the Green Gardens Group (G3), is targeted toward irrigation, landscape contracting, parks and public works professionals and landscape consultants. G3 designed the certification to build a proficiency in evaluating and retrofitting irrigation systems and incorporating rainwater harvesting features into landscapes.

The Watershed Wise Landscape Professional program has earned the U.S. Environmental Protection Agency’s WaterSense certification for irrigation system auditing. “With the ongoing drought and increasing constraints on our water supply, there is a huge demand for professionals who can help property owners reduce water use while maintaining attractive, useful, and biodiverse landscapes,” said Drew Ready, CBWCD’s Conservation Program Manager. “This training develops understanding and a skillset that will lead to significant water conservation in the urban landscape.”

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 Charlotte Lowe, editor at charlottel@csda.net or (877) 924-2732.

Moraga-Orinda Fire District Launches Interactive Financial Transparency Platform The Moraga-Orinda Fire District is announcing the launch of a new digital platform powered

by OpenGov that provides citizens, elected officials, and staff unprecedented access to the District’s finances and performance information. The OpenGov platform transforms complex financial data into an interactive, digital format that enables better analysis and understanding of the District’s finances. The intuitive design makes it easier to explore how taxpayer money is collected. The platform may be accessed at http://www.mofd. org/about/financial-transparency.

Users can view historical revenue and expenditure trends over time and explore multiple views of financial data, including by fund, department, expense, or revenue type. The current year report provides insight into spending and revenues yearto-date. For example, visitors to the platform may answer frequently asked questions such as “How much revenue does the District receive from property taxes?” or “How much has the District contributed to the OPEB trust fund?” and then share that information directly from the platform via email or on social media. Visitors can also explore non-financial information in OpenGov. For example, the District reports call volume by station and allows citizens to explore this information with the click of a mouse, just as they would in a financial report.

Nation’s Largest Seawater Desalination Plant Marks One-Year Anniversary In its first year of operations, the nation’s largest and most technologically advanced seawater desalination plant produced enough high-quality, drought-proof water from the Pacific Ocean to meet approximately 10 percent of the region’s demand. The Claude “Bud” Lewis Carlsbad Desalination Plant quickly generated significant benefits by relieving pressure on imported water supplies, reducing state mandates for emergency conservation measures in March 2016 and helping the region pass the state’s stringent water supply “stress test” in June 2016.

During its first year, the Carlsbad plant produced nearly 15 billion gallons of fresh water – approximately 45,000 acre-feet – for

California Special District – January-February 2017

the San Diego region during one of the most severe droughts in state history. “This plant is a game-changer for San Diego County,” said Mark Muir, chair of the San Diego County Water Authority’s Board of Directors. “It’s gratifying that this visionary investment our region’s ratepayers strongly supported is paying dividends now, and we expect it to continue to do so for decades to come. The desalination plant also underscores our region’s commitment to reducing reliance on imported water from the Sacramento-San Joaquin BayDelta and meeting the objectives of the state’s Water Action Plan. Every drop of water we produce locally is a drop that we don’t need to import from outside the region.”

James Marta & Company LLP CERTIFIED PUBLIC ACCOUNTANTS

Accounting, Auditing, Tax and Consulting

SPECIAL DISTRICT FINANCIAL SERVICES

AUDIT, ACCOUNTING AND OPEB CALCULATIONS

We are a full-service certified public accounting firm providing financial and compliance audits, accounting services, OPEB calculations, tax and consulting services to Special Districts. We offer custom-designed web based accounting services to meet your needs. Our audit services provide an in-depth review of your financial practices by experienced professionals. Our OPEB calculation services are a low-cost alternative to a full actuarial review.

Other services include: n n n n

Performance audits Fraud Investigation Compliance audits Custom workshops

n n n n

Development of Policies and Procedures Internal control review Accounting services Tax compliance

David Becker, CPA — Partner (916) 993-9494 dbecker@jpmcpa.com n www.jpmcpa.com

New year, renewed board Interview with Alexandra Barnhill and Shayna van Hoften Whether your district’s board composition has changed due to an election or appointment or remains the same, a new year requires renewed focus on achieving regulatory compliance for public officials.

California Special District asked Alexandra Barnhill, a partner at Jarvis, Fay, Doporto & Gibson, LLP, and Shayna van Hoften, a partner in the public agency practice at Hanson Bridgett LLP, for some advice about some key areas of focus for new special district board members.

Swear an Oath The first thing any public official needs to do before taking office or serving a new term of office is to take and subscribe to an oath. By taking the oath, officials swear to support the United States and California Constitutions. It is a misdemeanor to function as a public official without taking the oath, so elected and appointed officials should make this a priority. Also, remember to post bonds for your officials if doing so is required by your enabling act.

Disclose Your Income and Investments

Assembly Member Rich Gordon

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Most officials need to file a Statement of Economic Interest, known as the Form 700, within 30 days of taking or leaving office as well as annually. This year, the annual statements are due for most filers on April 3, 2017. The report will cover the various sources of income and investments that the official had in 2016.

Remember to check your agency’s conflict of interest code to determine the breadth of your position’s disclosure responsibilities. Remember, too, that “income” includes gifts. During 2016, the gift limit was $460 from a single source per calendar year. In 2017, the gift limit will be $470. The Form 700 reporting threshold for gifts is $50 per source per calendar year.

Officials should get their Form 700s in on time to avoid

If your agency’s governing body experienced any turnover among its members or officers, your agency is due to update its “Statement of Facts” for inclusion in the “Roster of Public Agencies.”

fines and other penalties. Filling out Form 700s can be complex, so start early and reach out to your agency staff, counsel, and the Fair Political Practices Commission (FPPC) if you need help. The FPPC has a toll-free helpline you can call for advice at 1-866-275-3772. The FPPC’s website also has a Form 700 Reference Pamphlet and FAQs that address common conundrums.

If your agency’s governing body experienced any turnover among its members or officers, your agency is due to update its “Statement of Facts” for inclusion in the “Roster of Public Agencies.” The filing requirement, found in Government Code section 53051, requires the statement to be submitted to both the Secretary of State and the County Clerk for each county where your agency has offices within ten days of a change. This form can be found on the Secretary of State’s website.

Update Your Statement of Facts

A recent legislative amendment clarified that board members must receive harassment prevention training.

AB 1661 provides that if a local agency gives any type of compensation, salary, or stipend to a local agency official,

Many boards and commissions have just finalized membership adjustments for the new year.

Prevent Harassment

Effective Public Outreach Practical Strategic Planning

then all of the officials must take a two-hour course in sexual harassment prevention training and education.

The training needs to be completed within the first six months of taking office and every two years after. The special district is required to keep records showing compliance by listing the dates each official satisfied the requirements and the entity that provided the training. This training will help guide officials’ conduct in their role as a supervisor of the district’s manager, counsel, and others.

Continued on page 16

Serving Local Government and California Public Agencies for Over 30 Years.

Effective Public Outreach Practical Strategic Planning 408/374-0977 info@rauchcc.com www.rauchcc.com

Big enough to have all the needed expertise.

Small enough to focus on your needs.

408/374-0977 info@rauchcc.com www.rauchcc.com Contact us for a FREE consultation.

California Special District – January-February 2017

Interview with Alexandra Barnhill and Shayna van Hoften [continued] Get Ethical

Stay Informed

In California, local agency officials also have to take a crash course in ethics laws that affect their performance of duties. AB 1234 requires that, within a year of starting service and every two years after, local officials who may be compensated or reimbursed for their expenses take a two-hour course in ethics laws and principles. Ethics laws include transparency laws such as the Brown Act and Public Records Act, conflict of interest laws such as the Political Reform Act, gift and travel restrictions, fair contracting and hearing requirements, and much more. Many of the restrictions on officials can be a trap for the unwary.

The purpose of the training is to enhance a public servant’s instincts so they know when to ask their agency counsel questions and when to exercise caution. Some of the laws trigger very significant penalties such as criminal violations, loss of public office, and the payment of fines, penalties, and attorney’s fees. Knowing about the laws can help prevent these consequences, which cost the taxpayers money and diminish public trust.

Public servants are held to a higher standard than your average citizen. Elected and appointed officials should seek out educational opportunities to learn more about how to effectively fulfill their district’s mission. CSDA offers a wide variety of professional development programs and materials.

From new board member orientation webinars, to handbooks for public officials, live trainings and legislative updates, CSDA has extensive resources on a broad range of relevant topics.

meet your

dream team

Alexandra Barnhill currently acts as General Counsel for the Livermore-Amador Valley Water Management Agency and the San Mateo County Mosquito and Vector Control District. As an advisor to cities, special districts and joint powers agencies across California, Alexandra counsels her clients on a broad range of municipal, environmental, land use and public revenue matters.

Shayna van Hoften serves as General Counsel for East Contra Costa Fire Protection District and the five boards that govern the pension systems for employees and retirees of the Sacramento Regional Transit District. She also is the primary deputy to the General Counsel of the San Mateo Co. Transit District, Peninsula Corridor Joint Powers Board and San Mateo Co. Transportation Authority.

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BUSINESS AFFILIATE special acknowledgements

Accela Cloud-Based Technology www.accela.com

Kaiser Permanente Health Coverages www.thrive.kp.org

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

Meyers Nave Legal www.meyersnave.com

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

Pacific Gas & Electric Company Energy Solutions www.pge.com

California CAD Solutions, Inc. GIS Implementations www.calcad.com

PARS Retirement Benefits www.pars.org

CPS HR Consulting Consulting, HR, Recruiting, Training www.cpshr.us

Regional Government Services Authority Staffing Services www.rgs.ca.gov

CSDA Finance Corporation Tax-exempt financing www.csdafinance.net

Special District Risk Management Authority Risk Management Coverages www.sdrma.org

Five Star Bank Banking www.fivestarbank.com

SunPower Solar Energy Solutions www.sunpowercorp.com

Hanson Bridgett LLP Legal www.hansonbridgett.com

Streamline Website Design www.getstreamline.com

Liebert Cassidy Whitmore Legal www.lcwlegal.com

Tyler Technologies Software Technology Services www.tylertech.com

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

highlight CalTRUST: The Investment Trust of California The new Government Money Market Fund offered by CalTRUST, the local agency investment pool endorsed by CSDA, proved to be a popular addition to the slate of available products and has shown strong growth in its first year.

Special district assets in CalTRUST now represent over a third of the total $2.5 billion in investments.

Visit www.caltrust.org for information or call 888.422.8778

California Special District – January-February 2017

CalPERS’ Action on Discount Rate was a Prudent, Smart Decision

By Marcie Frost, CalPERS Chief Executive Officer

I believe deeply that all of us, private and public sector workers alike, deserve financial security in our retirement.

Let me explain why cutting the discount rate is so important...

The

CalPERS Board of Administration recently took a decisive step to strengthen our fund by cutting what is known as the “discount rate” by a half percentage point over the next three years.

The move generated a lot of attention. Some praised it. Some complained that we didn’t make a deeper cut. Others were considerably harsher. They charged that we had hid our 4-year-old policy, one that was very publicly debated in 2013, of implementing any reduction over five years.

Of course, that’s just straight-out wrong.

I took over as the Chief Executive Officer of the California Public Employees’ Retirement System last October. I believe deeply that all of us, private and public sector workers alike, deserve financial security in our retirement. Let me explain why cutting the discount rate is so important - and let me tell you about our goals and our future and why we won’t shy away from tackling the pension challenges ahead.

First, some background: The discount rate is what we assume our $304 billion in investments will return in a typical fiscal year, July 1 to June 30. It’s a critical component of pension financial planning, because it’s used in calculating the amount of money those who are part of the CalPERS system contribute.

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We lowered the rate because experts inside and outside CalPERS advised us that, the recent stock market surge notwithstanding, the longterm financial outlook had darkened.

Achieving a 7.5 percent return – the rate in place since 2012 – was now far less likely than it was just two years ago when we last revisited it. Solid investment returns are the cornerstone of the CalPERS system: They pay for nearly two-thirds of every dollar we pay out in pension benefits.

Employees’ Pension Reform Act took effect in January 2013. Liabilities too will grow before they level off and begin a downward trend.

Those hard realities helped inform the CalPERS Board when it decided to reduce the rate over three years - to 7.375 percent immediately, to 7.25 in July 2018, and, finally, to 7 a year later. To sustain the CalPERS Fund for decades to come and pay the benefits they’ve promised their employees, our 3,000 employer But cutting the discount rate has partners knew the discount rate had real financial impacts for California to be reduced. But it was abundantly taxpayers. We’re acutely aware of that. clear from our many conversations The state, local public agencies, and with them that they wanted to see school districts that make up CalPERS the changes phased in. For their own will have to contribute more money. budgeting purposes, they didn’t want So will many public employees, the rate to be cut dramatically in one especially those hired after the Public fell swoop.

California Special District – January-February 2017

How will the discount rate impact special districts?

All public agency employers, including special districts, will see employer cost increases beginning in Fiscal Year 2018-19 as outlined in the schedule below.

Valuation Date

Fiscal Year for Required Contribution

Discount Rate

June 30, 2016 June 30, 2017 June 30, 2018

2018-19 2019-20 2020-21

7.375% 7.25% 7.00%

Contribution increases for special districts are estimated below by Normal Cost and required Unfunded Accrued Liability (UAL) payment. The Total Employer Contribution is the sum of the Normal Cost Rate applied to reported payroll plus the Unfunded Accrued Liability payment. The Normal Cost portion of the Employer Contribution is expected to increase by the listed percentages of payroll. Increases to the UAL payments are provided as relative increases to be applied to the projected UAL payments in the June 30, 2015, valuation report.

Continued on page 20

CalPERS’ action on discount rate [continued] Valuation Date 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022

Fiscal Year Impact 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25

Normal Cost Misc. Plans 0.25% - 0.75% 0.5% - 1.5% 1.0% - 3.0% 1.0% - 3.0% 1.0% - 3.0% 1.0% - 3.0% 1.0% - 3.0%

The changes to the Unfunded Accrued Liability (UAL) due to changes of actuarial assumptions are amortized over a fixed 20-year period with a 5-year ramp up at the beginning and a 5-year ramp down at the end of the amortization period. The 5-year ramp up means that the payments in the first four years of the amortization schedule are 20 percent, 40 percent, 60 percent and 80 percent of the

UAL Payments Misc. Plans 2% - 3% 4% - 6% 10% - 15% 15% - 20% 20% - 25% 25% - 30% 30% - 40%

Safety Plans 2% - 3% 4% - 6% 10% - 15% 15% - 20% 20% - 25% 25% - 30% 30% - 40%

ultimate payment, which begins in year five. The 5-year ramp down means that the reverse is true and the payments in the final four years are ramped down by the above percentages. A new ramp is established with each change to the discount rate.

There will be three ramps established in the first three years. As a result of the 5-year ramp up and effective date of the increase, it will be seven years until the full impact of the discount rate change is completely phased in. The reduction in the discount rate is a key step to ensuring the long-term sustainability of

More money is going out in pensions than coming in, we have a low funded status, a decline in the number of active workers supporting retirees, and a low-return investing environment.

PREVAILING WAGE & LABOR COMPLIANCE     

Safety Plans 0.5% - 1.25% 1.0% - 2.5% 2.0% - 5.0% 2.0% - 5.0% 2.0% - 5.0% 2.0% - 5.0% 2.0% - 5.0%

the fund and keeping in place reasonable retirement benefits that public employers need as they compete in the marketplace for talented workers. Others recognize the benefits of the decision as well. The credit-rating agency Moody’s has called it a “credit positive” for the State of California and many local governments.

Agency Obligations: PWC-100 State/Federal Funded Projects Review Certified Payroll Contractor/Subcontractor Compliance Construction, Service/ Repair and Maintenance Work Covered by PW

We are a maturing pension fund like many across our nation. More money is going out in pensions than coming in, we have a low funded status, a decline in the number of active workers supporting retirees, and a low-return investing environment. These issues are real, but we are on the right path to full funding - and the Board’s action on the discount rate has strengthened our efforts. The real difficulty about this debate is not simply the data before us. It’s the clear understanding that what we do impacts real lives - the lives of our 1.8 million members, the bottom line of the cities, counties, schools, and special districts that are the backbone of California, and, ultimately, the taxpayers of our state.

Ask us a question for free with CSDA’s Consultant Connection

http://www.csda.net/consultantwww.ccmilcp.com  650-522-4403  connection/ info@ccmilcp.com 

CalPERS is celebrating its 85th anniversary this year of serving those who serve California. We intend to directly confront what’s ahead so that we can provide retirement security for the next 85.

CSDA Member

20

Your Community. Your Services. Your District!

We are happy to announce the launch of our new public outreach campaign, Districts Make the Difference.

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

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

Follow, like, subscribe, share!

MAKE THE

DistrictsMaketheDifference.org California Special District – January-February 2017

DistrictsMaketheDifference.org

[Community Connections]

Apple Valley Fire Protection District Voters Overwhelmingly Approve Tax for Emergency Services

By Mike Parsons, Former Division Chief of Apple Valley Fire Protection District

An anxious group of employees and their families, board members, business owners, and community support members were gathered together the evening of November 8, 2016 to await the fate of the District’s special tax measure, Measure A, which would determine the future of the Apple Valley Fire Protection District. The joyful excitement and euphoria of the gathered crowd could hardly be contained as the first round results were viewed on TV screens at the venue. Amid laughter, tears, and shouts of joy the assembly could hardly believe the number on Registrar of Voters’ website showing more than 76 percent ‘YES’ vote from the District’s constituency.

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Measure A not only determined the financial viability of our 65-year old fire district, it also asked for an increase to the current special tax to reduce response times and reopen two closed fire stations to increase emergency services in Apple Valley. The measure the District put before the electorate would ask them to nearly double the amount of the existing tax. The cost of Measure A to the average home owner would be $126 per year with an annual increase of (not to exceed) 2 percent.

Back in 1990, the District’s Board of Directors passed a benefit assessment that provided funding for two additional fire stations. However, the subsequent passage of Proposition 218 meant that the assessment needed to be reestablished by a vote of the people. The first attempt by mail-in ballot was unsuccessful. Subsequent to this failed attempt and discontinued funding, there was a massive layoff and the closure of several fire stations.

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 Charlotte Lowe, editor at charlottel@csda.net or (877) 924-2732.

In 1997, Measure V was mounted by the District and until the recent recession, enabled the District to staff five fire stations.

The Measure V special tax was scheduled to sunset in 2017 after its 20-year lifespan. After its passage in 1997, the potential consequences of the pending sunset was always looming. It did, however, keep the District focused on customer service, transparency, and fiscal prudence. The District became more visible with its outreach efforts through increased public education, service clubs, and its online presence. The District’s goal was to make every encounter with the public a positive one. The employee associations became more involved and visible through their many charity efforts within the community. The foundation for the success of Measure A was more than 20 years in the making.

This commitment, our motto, “A Commitment to Service Excellence” remains at the very core of who we are.

Acting proactively, the District tried and failed with a special tax measure on the June 2014 ballot. Understanding the gravity of losing 29 percent of its revenue on the heels of several years of declining property tax revenues brought about by the Great Recession, the Board of Directors made the decision to try to once again try to pass a special tax measure in November 2016.

All the while demands for service were on the rise. The District serves 85,000 residents and covers 206 square-miles. In addition to the loss in revenue, the waning property tax revenues had necessitated the closure of two fire stations leaving the 206 square-miles to be covered by two chief officers and three engines, in three fire stations staffed by nine firefighters to California Special District – January-February 2017

answer in excess of 10,000 calls per year.

The November 2016 ballot measure was to be a last attempt to secure funds and the District’s future. Failure would most likely have resulted in the dissolution of the District and annexation by the San Bernardino County Fire District.

Measure A was the District’s Hail Mary. Its revenue would nearly double the existing special fire tax and would eliminate the 20-year sunset. Data and pre-polling information indicated that these were pretty big obstacles for the District to overcome and in fact showed that both an increase and the elimination of a sunset to be extremely detrimental to the approval of a tax.

The Lew Edwards Group (LEG), whose reputation for success was well known, was retained in the District’s effort to take advantage of every resource. LEG worked closely with the District staff in developing a plan for success. Analysis of their opinion surveys was invaluable in shining light on segments of the community that had not been adequately informed, educated or reached about the District in previous tax measure attempts. Work began in late 2015 and early 2016 in refining the message and determining how to reach the voters.

A citizen group of business and community leaders formed the Citizens for Apple Valley’s Emergency Services (CSAVES) which handled most of the advocacy events and fund raising separate from information and discussion meetings held and attended by the District’s fire

chief and board members. Along with a web page, www.reopenAVFireStations. com, and Facebook presence, CSAVES sent mailers, planned fund raising events and advertised in the local paper. The District’s employee associations and their families put in many hours reaching out to the voters through the placement of signs, phone banks, informational talks and presentations, and going door to door.

According to the San Bernardino County Elections web page, Measure A has received more than 77 percent approval in an election cycle that saw the highest Apple Valley voter turnout in recent history. The keys to success were being proactive and starting early, working with a consultant to structure and focus the message, the campaigning of citizen groups, the off-duty work and commitment of the District’s board and employees, and the public trust the District had worked diligently to earn over the life span of Measure V. Mike Parsons retired from the Apple Valley Fire Protection District in December 2016.

[Solutions & Innovations]

New Era for New Arena

By Bernice Creager, CSDA Public Affairs Specialist

When the Sacramento Kings began construction of their new home, the Golden 1 Center, they wanted to create a monument to environmental sustainability and green energy. Their ambitious goal to have an arena 100 percent powered by solar energy was only accomplished through their partnership with the Sacramento Municipal Utility District (SMUD).

In the fall of 2015, the Kings and SMUD signed a 20year agreement to secure their solar power needs. The new arena features solar panels on its roof that provide 15 percent of its energy, and the Kings needed SMUD to supply 85 percent of its solar power.

According to Kings President, Chris Granger, the local NBA team had a vision to build the most technologically advanced and greenest arena in the world and they had to look no further than their community-owned electric service to make this goal a reality.

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Before anything was done from a design standpoint, the Kings first surveyed 20,000 community members and quickly learned that sustainability matters in Sacramento. When collaborating with SMUD they knew that the utility’s fundamental promise to provide its community and customers with affordable, reliable electricity while also lowering its carbon footprint, was in line with their own objectives.

SMUD was also involved in behind-the-scenes work to prepare for construction of Golden 1 Center by preparing the downtown arena site and surrounding areas for demolition and construction on an accelerated timeline. Upgrades include the relocation of underground equipment and surrounding infrastructure to handle new energy requirements.

To meet the center’s solar needs, SMUD expanded its SolarShares® program, which provides business customers with a solar option without onsite solar panels and built its Rancho Seco Solar Power Plant.

The 109,000 solar panels at the new 11-megawatt solar facility have helped make the Golden 1 Center one of the greenest sports arenas in the world and the solar energy significantly reduces the facility’s impact on energy use and the environment.

Powering Golden 1 Center with electricity from SMUD’s commercial SolarShares program, will displace about 2,000 metric tons of CO2 emissions per year—the equivalent to taking about 400 cars off the road.

Powering Golden 1 Center with electricity from SMUD’s commercial SolarShares program, will displace about 2,000 metric tons of CO2 emissions per year— the equivalent to taking about 400 cars off the road.

In addition to SolarShares, Golden 1 Center boasts best-inclass energy efficiency features.

SMUD’s nationally recognized experts worked closely with arena designers to make it one of the most energy-efficient arenas in

the world and eligible for the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Gold status – making it the first NBA arena in California and one of the first in the country to achieve this prestigious status. SMUD also provided incentives for extensive use of LED lighting, highly efficient heating, ventilation and air conditioning, advanced energy controls, and the rooftop solar photovoltaic system.

“Utilizing the best sustainable practices reflects the values of our fans and city, benefits our region and signals that innovation can make the world a better place,” said Kings President Chris Granger. “Golden 1 Center will serve as a new global model for leveraging our natural resources in smart and efficient ways.”

“This partnership demonstrates SMUD’s continued commitment to sustainability and environmental stewardship, as well as local economic development,” said SMUD CEO & General Manager Arlen Orchard. “The new Golden 1 Center is an exciting addition to our downtown core, and we’re proud to help it become one of the most sustainable and technologically advanced arenas in the world.”

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California Special District – January-February 2017

Legal Brief Decriminalized, Not Legalized: An Employer’s Guide to Marijuana and the Workplace

By Sean B. Gibbons Richards, Watson & Gershon As perhaps the most visible state involved in the growing trend toward the legalization of marijuana, California has often served as a crucible for challenges to the conventional application of drug laws in the context of employment. With the approval of Proposition 64 (the “Control, Regulate and Tax Adult Use of Marijuana Act” or “AUMA”), a person cannot be subject to arrest or prosecution for the possession, cultivation, and use of certain amounts of marijuana for “nonmedical” purposes.

While this is touted as an eventual boon for the state’s tax coffers and an immediate relief for recreational users, the AUMA’s effect on California employers seems less clear.

Now that an individual is not subject to arrest for the possession or use of marijuana, can that individual expect the same tolerance from an employer?

The manufacture, distribution or possession of marijuana remains a criminal offense under federal law. Despite the deprioritzation of prosecution under the Obama administration, marijuana remains a “Schedule I controlled substance” under the federal Controlled Substances Act (“CSA”). Given Congress’s stated purpose in enacting the CSA, the CSA preempts California marijuana law.

21 U.S.C. § 801 et seq.; Gonzales v. Raich, 545 U.S. 1 (2005). Moreover, Section 11 of the AUMA specifically provides that “no provision or provisions of this Act shall be interpreted or construed in a manner to create a positive conflict with federal law, including the federal Controlled Substances Act[.]” Therefore, the AUMA has no effect on the enforceability of federal law, or the criminal nature of marijuana possession, cultivation, or use.

Likewise, no state law may invalidate employment policies that forbid marijuana possession or use by employees. The seminal case addressing such policies is Ross v. Ragingwire Telecommunications, Inc. 42 Ca1.4th 920 (9th Cir. 2008). Ross affirmed an employer’s ability to terminate an employee for marijuana use, despite the fact that the employee’s use was not criminal under 26

California law. In Ross, the affected employee filed suit under the California Fair Employment and Housing Act (“FEHA”), claiming that because he possessed a physician’s recommendation to use medical marijuana to treat back spasms, his termination violated state law prohibitions against disability discrimination. The California Supreme Court upheld the validity of Ross’s termination, ruling that the Compassionate Use Act (which decriminalized the use of medical marijuana) does not contemplate the protection of an individual’s employment rights. Id. at 926. Furthermore, the court explicitly held what it had previously only implied in prior decisions -that the FEHA does not require employers to accommodate the use of illegal drugs. Id. Therefore, under Ross, an employer may freely terminate an employee for marijuana use, regardless of “medical necessity.”

Because federal law recognizes no difference between “recreational” and “medicinal” use of marijuana, the AUMA does not change the state of California employment law. Ross is still good law even after the passage of the AUMA. Furthermore, the AUMA specifically recognizes the rights and obligations of employers to maintain a drug-free workplace and to comply with federal marijuana law – including the right to forbid marijuana use by employees. See Health & Safety Code § Section 11362.45 (f). However, employers who fail to anticipate a potential change in employee perspective with regard to marijuana use and who fail to account for the lack of difference (or who mistakenly account for a nonexistent difference) between “medicinal” and “recreational” marijuana use risk a number of potential pitfalls: Employers merely seeking to “do the right thing” may inadvertently engage in discriminatory practices. An employer may, for example, terminate one employee for recreational use but decline to terminate an employee who uses marijuana for medical purposes. Because there is no distinction between the two under federal law, this employer will have essentially condoned a criminal act (under federal law) by one employee while punishing the other for the same act, risking a discrimination suit.

When implementing policies, employers and supervisors should beware of making any exceptions to the policy. Supervisors should be reminded of the serious nature of marijuana use, and trained to implement employer policy to the letter; any deviation from a written policy weakens the policy itself and creates potential liability for discrimination or wrongful termination lawsuits.

Employers who employ individuals in safety-sensitive positions such as vehicle drivers, operators of heavy machinery, armed employees, or employees engaged in particular dangerous practices such as demolition, are especially at risk should they decide to condone marijuana use in a misguided attempt to comply with state law.

Because there is no viable means to determine whether an employee who tests positive for marijuana is under the influence at the time of the test, or merely used marijuana within the past twenty-eight days, there is no way to eliminate the possibility that the employee poses a risk to property, fellow employees, or the general public.

An employer which retains an employee who tests positive for marijuana under these conditions incurs significant risk.

the AUMA and CUA and their inapplicability to the workplace.

All supervisors and employees should be issued copies of the policy upon hire and should be required to sign an acknowledgement of receipt and agreement to abide by the policy. Similarly, any employee subject to pre-employment testing should be notified in writing that marijuana is a disqualifier for employment.

When implementing policies, employers and supervisors should beware of making any exceptions to the policy. Supervisors should be reminded of the serious nature of marijuana use, and trained to implement employer policy to the letter; any deviation from a written policy weakens the policy itself and creates potential liability for discrimination or wrongful termination lawsuits. Ultimately, an educated workforce is less likely to engage in improper conduct under the mistaken belief that it is acceptable, and properly educated supervisors are better prepared to answer employee inquiries and address violations of policy in a uniform and appropriate manner. Comprehensive written policies and an educated workforce serve to preemptively dispose of potential frivolous litigation and the cost inherent to the defense of such actions.

While public opinion continues to evolve, the possession and use of marijuana are still federal crimes, and an employer may properly terminate an individual who commits a federal crime. Both federal and state law require employers contracting with governmental agencies to maintain a workplace free from drugs and certify that the workplace is drug-free. Both federal and state drug-free workplace acts prohibit use of “controlled substances,” as defined under the federal Controlled Substances Act -which includes marijuana. If an employee tests positive for marijuana as the result of a drug test required incident to a motor vehicle or industrial accident, or a test ordered by a supervisor or a “trained observer” pursuant to employment rule or state regulation, that employee may be terminated. Additionally, an employer may choose to not hire a prospective Maximize Use of Reserve Funds with the employee who tests positive for marijuana PARS Pension Rate Stabilization Program (PRSP) during a pre-employment drug screening.

Given the relative public acceptance of marijuana use, employers are strongly advised to consult with qualified employment counsel, and to candidly assess the impact of marijuana use among the workforce on all aspects of their operation. Employers should ensure that they maintain written policies that forbid the use, possession or sale of drugs in the workplace and on company property as well as being under the influence of an illegal or controlled substance while on the job. All such policies should specifically mention marijuana and should address California Special District – January-February 2017

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anaging Risk

Highlighting new laws in 2017

On behalf of the Board of Directors and staff of SDRMA, we hope everyone had a happy and safe Holiday Season. As we start a new year, we are highlighting new laws that will take effect in 2017.

sexual harassment prevention training or information.

The bill would also require an entity that develops curricula to satisfy this requirement to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content.

AB 1661 – Local government: sexual harassment prevention training and education.

Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law also requires any civil or political subdivision of the state and all cities to provide at least two hours of training and education regarding sexual harassment to all supervisory employees, as specified.

SB 441 – Public Records Act: exemptions. The California Public Records Act requires that public records be open to inspection at all times during the office hours of a public agency —any state or local agency — and that every person has a right to inspect any public record, except as specifically provided. The Act further requires that a reasonably segregable portion of a public record be available for inspection by any person requesting the public record after deletion of the portions that are exempted by law. This law exempts from disclosure any identification number, alphanumeric character, or other unique identifying code used by a public agency to identify a vendor or contractor, or an affiliate of a vendor or contractor, unless the identification number, alphanumeric character, or other unique identifying code is used in a public bidding or an audit involving the public agency. Section 6254.33 of the Government Code.

This bill would additionally require local agency officials, as defined, to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and would allow a local agency to require employees to receive

A proud California Special Districts Alliance partner.

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Officers

Jean Bracy, President, Mojave Desert Air Quality Management District Ed Gray, Vice President, Chino Valley Independent Fire District Sandy Raffleson, Secretary, Herlong Public Utility 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

David Aranda, SDA, Mountain Meadows Community Services District Muril Clift Mike Scheafer, Costa Mesa Sanitary District Robert Swan, Groveland Community Services District

SB 807 – Unmanned aircraft systems. This bill further limits the exposure to civil liability of an emergency responder, defined as a paid or an unpaid volunteer or private entity acting within the scope of authority implicitly or expressly provided by a local public entity or a public employee of a local public entity to provide emergency services, for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. This bill contains other related provisions and other existing laws. Section 43.101 of the Civil Code, and Chapter 4.5 (commencing with Section 853) of Part 2 of Division 3.6 of Title 1 of the Government Code, relating to unmanned aircraft systems.

SB 1107 – Political Reform Act of 1974. Current law prohibits a person who has been convicted of a felony involving bribery, embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes, from being considered a candidate for, or elected to, a state or local elective office. The Political Reform Act of 1974 provides that campaign funds under the control

Consultants

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

SDRMA Staff

Gregory S. Hall, ARM, Chief Executive Officer C. Paul Frydendal, CPA, Chief Operating Officer Dennis Timoney, ARM, Chief Risk Officer Ellen Doughty, ARM, Chief Member Services Officer Heather Thomson, CPA, Chief Financial Officer Debbie Yokota, AIC, Claims Manager Wendy Tucker, Member Services Manager Susan Swanson, CPA, Finance Manager Danny Pena, Senior Claims Examiner Alana Little, Senior HR/Health Benefits Specialist Sarah Dronberger, HR/Health Benefits Specialist Heidi Singer, Claims Examiner Michelle Halverson, Accountant Alexandra Santos, Member Services Specialist Rajnish Raj, Accounting Technician Rachel Saldana, Administrative Assistant

of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes. This bill also prohibits an officeholder who is convicted of one of those enumerated felonies from using funds held by that officeholder’s candidate controlled committee for purposes other than certain purposes permitted for the use of surplus campaign funds. Section 85300 and Section 89519.5 of the Government Code, relating to the Political Reform Act of 1974.

SB 1436 – Local agency meetings: local agency executive compensation: oral report of final action recommendation. Current law prohibits the legislative body from calling a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, of a local agency executive, as defined.

This bill, prior to taking final action, requires the legislative body to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. This bill contains other related provisions and other existing laws. Section 54953 of the Government Code, relating to open meetings.

California Special District – January-February 2017

AB 1732 – “All Gender” Bathroom Bill – Effective March 1, 2017, businesses are prohibited from labeling any “single-user toilet facility” as either “male” or “female.”

AB 1732 defines “single-user toilet facility” as “a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.”

AB 1787 – Open meetings: public comments: translation. The Ralph M. Brown Act requires a local legislative body to provide an opportunity for members of the public to directly address the body concerning any item described in a notice of meeting. The Act authorizes the legislative body to adopt reasonable regulations limiting the total amount of time allocated for public testimony for each individual speaker. Now, if a local legislative body limits the time for public comment, this bill requires the legislative body to provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body, unless simultaneous translation equipment is used to allow Continued on page 30

Managing Risk [continued] the body to hear the translated public testimony simultaneously. Section 54954.3 of the Government Code, relating to open meetings.

AB 2257 – Local agency meetings: agenda: online posting. The Ralph M. Brown Act requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. This bill now requires an online posting of an agenda for

a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the State that has an website to be posted on the local agency’s primary website homepage accessible through a prominent, direct link, as specified. Laws: Section 54954.2 of the Government Code, relating to local government.

AB 2853 – Public records.

Authorizes a public agency that posts a public record on its website to refer a member of the public that requests to inspect the public record to the public agency’s website where the public record is posted.

This bill requires, if a member of

the public requests a copy of the public record due to an inability to access or reproduce the public record from the website where the public record is posted, the public agency to promptly provide a copy of the public record to the member of the public, as specified. Section 6253 of the Government Code, relating to public records.

SAVE THE DATE! SDRMA’s Safety/Claims Education Day will be held on Tuesday, March 28, 2017 at the Hilton Sacramento Arden West Hotel.

Please contact Dennis Timoney, SDRMA-CRO at 800.537.7790 or dtimoney@sdrma.org if you have any questions.

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California Special District – January-February 2017

A proud California Special Districts Alliance partner.

Money Matters Revving Up Your Revenue – Emerging Trends

By John Bliss, P.E. SCI Consulting Group

For example, regarding a recent flood control measure for a small district in the Delta, our primary message was “Upgrade Local Flood Protection from the HMP Standard to the PL84-99 Standard” instead of our more typical “Upgrade Local Flood Protection for Protect Life and Property.” Here, this tightknit community appreciated the more fact-based and quantifiable messaging to typical, vague “consultant-speak” messaging and the measure was overwhelmingly approved.

The more things change, the more they stay the same. Chronically insufficient revenue continues to be the primary challenge facing special districts in California – but there is hope! Recent surveys, along with a high number of successful ballot measures in November, confirm a resurgence of support for increased funding to local agencies.

Although the fundamental funding mechanisms available to special districts have not changed, there have been significant and profound changes in the best approaches to communication with constituents and customers. In fact, over the last 24 months, political communication and discourse have gone through a radical change throughout the United States and especially here in California. Special districts, take note!

Below are three major themes associated with this new approach to communication.

1. Straightforward messaging, but with lots of supporting detail and analysis Rigorous engineering and financial analysis give muchneeded heft and credibility to an effort to increase local revenues. Before engaging your public, perform extensive financial and engineering research and studies, and make decisions based on your conclusions. Make these supporting studies readily available to your constituents, and incorporate to them in your messaging and long term planning.

CSDA F C

A proud California Special Districts Alliance partner.

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2. Authenticity is the new buzz word…and it should be!

If “transparency” was the over-used buzz word for the last five years, and it is still critically important, “authenticity” will dominate your constituent communications over the next five years. For special district outreach, authentic communication simply means your communication should be professional but not slick, honest but not rehearsed, passionate but not theatrical. Your constituency does not demand perfection from local government – but it now does demand absolute credibility and full truthfulness. If your district has made ill-advised decisions in the past, or has weathered a scandal, do not sugar-coat it, but instead own it and discuss it.

I recently had lunch with the police chief of a large urban city in California. Unfortunately, his department had participated in the ugliness of racial profiling during the drug wars in the 1980’s and 90’s. He told me that when he speaks at meetings of communities of color today, he readily admits to their involvement in these activities. After he witnesses jaws dropping at his honesty, he can then engage in meaningful and credible dialogue. This is more evidence that credibility, not perfection, is king.

3. Direct public engagement is a must Authenticity also means direct, uninhibited communication with the public, often in the form of face-to-face community meetings. Again, community meetings need not be perfectly choreographed and

Officers

Jo MacKenzie, President, Vista Irrigation District Leslie Keane, Vice President, Orange County Cemetery District Paul Hughes, Secretary, South Tahoe Public Utilities District Matthew McCue, Treasurer, Mission Springs Water District

CSDA F C

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

Members of the Board

Alex Brandon, Phelan Pinon Hills Community Services District Glenn Lazof, Regional Government Services Authority Vince Ferrante, Moss Landing Harbor District

should not be slick. Rather than having your general manager and a board member as your primary speakers at your meeting, consider having your district engineer and your maintenance supervisor lead the presentation, and include specific technical detail about your plans. Perhaps they are not as smooth at public speaking, but their knowledge and understanding will come through and be greatly appreciated.

Consultants

Rick Brandis, Brandis Tallman, LLC David McMurchie, McMurchie Law William Morton, Municipal Finance Corporation Albert Reyes, Nossaman, LLP Saul Rosenbaum, Prager & Co., LLC Deborah Scherer, BNY Mellon Trust Co., NA Nicole Tallman, Brandis Tallman, LLC

CSDAFC Staff

Neil McCormick, CEO Cathrine Lemaire, Program Manager Beth Hummel, Executive Assistant Rick Wood, Finance & Administrative Director

Recently Closed Financings

Next, we will discuss some current perspectives on our traditional funding mechanisms.

Community outreach and public opinion polling for water and wastewater agencies Long gone are the days when water and wastewater agencies could plan to raise rates, send out notices, endure some negative press and a heated public hearing, and move forward. (Remember, water and wastewater agencies, along with solid waste collection agencies, are exempt from the Proposition 218 balloting – they need only conduct a noticed public hearing). Instead, water and wastewater agencies should, and often now are, investing significant resources in outreach, including public opinion polling, focus groups etc., to better understand and respond to the needs of their customers.

The portfolio approach to funding is a must!

The portfolio approach to funding for special districts continues to be the optimal tactic. Special districts are encouraged to consider the five principle elements of a typical funding portfolio. Special districts in areas with even minimal new development should consider two funding mechanisms – a one-time impact fee, and an annual, recurring development-specific maintenance tax or assessment. All special districts should consider fees for full cost recovery of specific tasks, grants, and a community-wide tax or assessment.

Impact fees Local government agencies should consider implementing “impact fees” on new development to offset incremental effects on its local facilities resulting from the new development. This typically involves the creation of a supporting study to set the rate, but no balloting is required.

Unfortunately, most special districts are not empowered with the authority to directly impose impact fees, so must coordinate with local cities and/or county to administer them.

Continued on page 34

California Special District – January-February 2017

Nail down financing needs In 2016, the CSDA Finance Corporation facilitated the financing of special district projects ranging from the refinancing of prior debt to park improvements to fire station projects and numerous emergency and fleet vehicle purchases.

Bear Valley Community Services District Road Rehabilitation - $2,000,000 Ebbetts Pass Fire Protection District Refinancing - $1,800,000 Murphys Fire Protection District Fire Station - $700,000 Cambria Community Services District Fire Truck - $620,000 Tehachapi Valley Recreation & Park District Park Improvements - $587,000 For competitive rates and quality service, contact the CSDA Finance Corporation at 877.924.2732 or visit www.csdafinance.net to request a quote online.

Join the CSDA Finance Corporation Consultants on March 1, 2017 for our free webinar - Financing Mission Critical Infrastructure. Can’t make the date? Check our library of on-demand webinars at www.csda.net.

Money Matters [continued] the developed land is typically owed by the developer who is wellincentivized to support the new tax or assessment. The creation of this type of funding is often a condition of development approval.

Fees and charges All agencies can impose fees for full cost recovery for many of their direct costs, legally referred to as regulatory fees. These fees do not require a balloting, but must be well supported, typically with a cost-of-service study. The fee rates must not exceed the costs of the service. Common examples are inspection fees, plan review fees, and swimming pool use fees, etc.

CFDs and landscaping and lighting districts Similarly, special districts in areas with new development should consider implementing an annual special tax (typically a Community Facilities District, also known as a “CFD” or “Mello Roos”) or a benefit assessment (typically a Landscaping and Lighting Benefit Assessment District) on all new development to pay for additional maintenance of district facilities associated with new development.

This requires the creation of a supporting study. A landowner balloting is required, but

Note that water and wastewater agencies often generate their primary revenue from property-related fees, typically referred to as water-rates and sewer rates. Although these rate increases do not require a balloting, they do expend political capital, and now require sophisticated outreach as discussed above.

4. Grants Federal, State, and other grants should be evaluated as a portion of a district’s funding portfolio. However, grants are time consuming and competitive to win, and often come with limitations on use. Also, it is very difficult to develop long term financial plans based upon grant funding.

Legal Services Tailored to Unique Needs of Special Districts

5. Community wide special tax / benefit assessments The most commonly known funding mechanism is the community-wide, balloted special tax or benefit assessment. These mechanisms can generate the most significant amount of revenue, but require community wide balloting approval. They require 66.6+ percent voter support for a special tax and 50+ percent weighted property owner support for a benefit assessment. Most importantly, they also often require public opinion polling, considerable community outreach, and come with the possibility of failure. In other words, the first four portfolio approaches should be fully utilized before embarking on a community wide balloting.

Construction Crisis Management Eminent Domain Environmental Law First Amendment Labor and Employment Land Use Marijuana Law

Two Learning Opportunities

Public Contracts Public Finance Special Districts Law Water Law Workplace Investigations

For more information, be sure to check out the upcoming webinar Beef Up Your Bottom Line: A How-To-Do-It Webinar for Special Districts With Revenue Needs - April 4, 2017 and the workshop Beyond the Basics: Comprehensive Strategies for Successfully Implementing Funding for California Special Districts - May 24, 2017 in Sacramento. Visit www.csda.net to register.

Oakland | Los Angeles | Sacramento | San Diego | San Francisco | Santa Rosa 800.464.3559 meyersnave.com

34

District Snapshots The Nipomo Community Services District presented students from Dorothea Lange Elementary, Dana Elementary, and Nipomo Elementary with awards recognizing their efforts in the District’s Conservation Poster Contest.

Through a partnership with Science Discovery, the District provided conservation education in 3rd through 6th grade classes during the 20152016 school year. The students were given an opportunity to portray what they learned and submitted hand-drawn posters to the District.

The goal of the poster contest is to encourage the wise use and conservation of water.

Bythe

Numb3rs 324 - community services districts in California.

CSD Fun Facts Community Services Districts provide their residents with many crucial services, such as water and wastewater, garbage removal, road maintenance and street lighting.

Did you know that there are 30 different services that CSD’s are authorized to provide to their communities.

For over 65 years, Community Services Districts have served millions of Californians.

Some Community Services Districts provide important police protection services for Californians residing in rural or unincorporated areas.

California Special District – January-February 2017

[What’s so special]

The Little Library District that Could!

By Luren Dickinson, Beaumont Library District Principal Librarian

Public libraries across the country, both large and small, have struggled with reduced revenue and keeping up with technology.

But one small library has shown that where there is a will there is a way. Beaumont Library District is “the little library district that could!”

growth took place from 2000 to 2015 with the city exceeding 40,000 and the library district population exceeding 70,000, making it the fastest growing area in California during that time period.

With a population of less than a thousand, the city of Beaumont, California was a sleepy little place when it was founded in 1912 and it remained that way for most of the twentieth century. Beaumont Library District, one of only a dozen special district libraries in the state, was actually founded a year earlier than the city and had the fortune of receiving a grant from Andrew Carnegie that financed a library building in 1914.

Unfortunately, with the restrictions imposed by Proposition 13 in 1978 and the additional loss of funding through the Educational Revenue Augmentation Fund (ERAF) that permanently took tax dollars from counties, municipalities, and special districts to replace lost school funding during the economic downturn in 1992 —Beaumont Library District, like many other

Beaumont had over 5,000 people by 1970 and Beaumont Library District, with a 60-square mile service area including the city and unincorporated areas like Cherry Valley, also grew by doubling the space of the original Carnegie building. Although Beaumont had over 11,000 residents by 2000, its biggest

36

Beaumont Library District Established: 1911 District Size: 60 square miles Population: 77,500

Location: Website: Budget:

Riverside County www.bld.lib.ca.us $1.5 Million

Though the recession eventually led to the elimination of seven-days-a-week service, Beaumont Library District chose to eliminate hours on Wednesday, considered the slowest business day by retailers, in order to preserve weekend hours, which are the most desired by the public. Throughout the post-recession years, the library continued to tweak its Plan of Service and engaged an architect to help envision a new renovated and expanded Beaumont Library District facility. Blueprints were developed for a 48,000-square foot structure with more space for the collection, parking, public restrooms, community meeting rooms, and public computers.

governmental units, has had to make do with flat funding for decades.

During the past 15 years, the rapid housing growth has added to property tax revenues, but the lack of impact fees has meant that Beaumont Library District has had to increase the scope of its service from a facility that is now much too small. Director Clara DiFelice, the library administrator since 1990, has done a masterful job of maintaining operations, reaching out to the community, and using new technology while confronting the serious funding losses during her tenure.

Beaumont Library District was positively featured in 2008 and again in 2010

by Library Journal for its progressive strategies for “grappling with a huge influx of new users.” Per Ms. DiFelice, “until 2008, our facilities were fine for the size of community we served...Now someone

California Special District – January-February 2017

entering the facility has to wonder why it seems so undersized (especially in the area of parking).”

Despite a limited budget, Beaumont Library District responded to increased demand by implementing advanced technologies in 2010 before many even larger libraries did. “Self-checkout allowed us to handle a 150 percent increase in circulation over two years that we wouldn’t have had the space to handle otherwise,” says DiFelice. The library was able to remove its circulation desk and replace it entirely with an RFID self-checkout and self-return circulation system that included mechanized sorting equipment to streamline the re-shelving process while also providing self-pickup of holds material and personalized “outfrom-behind-the-desk” reference service through “Information Concierges” using wireless radios and headsets.

In 2012, the library received a $90,000 federal grant to purchase and equip its Ready-to-Read Van. Beaumont Library had already made a name for itself as a Family Place Library dedicated to providing programs for the literacy development of preschool children. The “R2R” Van, with it specially selected collection of more than 2,000 books and play kits is now in its fifth year of operation. The vehicle continues its regular circuit of visiting home childcare providers, daycare centers, Head Start classes, and community locations where library staff provide engaging and educational story times with the intent of ensuring that children can enter kindergarten equipped with the skills they need to learn and be successful in school.

Perhaps the biggest recent changes at Beaumont Library District have been in the area of expanded technology.

Continued on page 38

What’s so special [continued]

One-Gigabit high-speed Internet bandwidth was added through a California State Library broadband grant in 2015. This “Corporation for Education Network Initiatives in California” (CENIC) funding connects the library to the high capacity, 3,800-mile CalREN network that provides service to the UC, Cal State, and California community college campuses, as well as to major private universities and public school systems.

Beaumont Library District is one of only 75 public library jurisdictions that participated in Phase I of the CENIC grants, representing just a third of California public libraries. Ninety percent of the installation costs for the 1-Gigabit connection came from the grant. In addition, even though the service is exponentially better, the monthly cost to the library has been reduced by 80% because of shared costs and federal rebates.

As a result of the implementation of this high-performance line, the library now has 4,000 times the Internet speed, compared to its former 256K connection, to supply its public computers and wi-fi service! Not only can library

cardholders print from library computers, they can print wirelessly from their own devices whether inside the library or from home!

The increased bandwidth also gives faster access to web-based resources, including the library’s website, which was revamped in 2016. It features a variety of new access points, including an eMaterials page that allows remote checkout of eMedia from the Axis360 library, indie and small publisher titles from Enki Library, eAudiobooks from OneClickDigital, and eMagazines through Zinio.

Other tabs allow users to check the online catalog to place holds or to renew items via their “My Account” link.

A calendar highlights current and upcoming programs and there are specific tabs for adult, teen, and children’s offerings, as well as links to the popular Veterans Resource Center, the Local History page, and informational sections on how to get a library card, use a public computer, join the Friends of the Beaumont Library District, or find out more about the services offered.

38

Though a renovated and expanded building may be years away, plans are underway to seek public support for the bond issue that would be necessary for that $15 to $20 million project. A fledgling “Growing the Library” Foundation is being formed, surveys of public sentiment have been taken, a public “listening tour” is in the initial stages, and it is hoped that success at the ballot box might happen as early as 2017. Do not doubt “the little library district that could!”

Beaumont Library District is one of only 75 public library jurisdictions that participated in Phase I of the CENIC grants, representing just a third of California public libraries. Ninety percent of the installation costs for the 1-Gigabit connection came from the grant.

Special District Leadership Foundation

Leadership Programs that Promote and Recognize Excellence in District Governance & Management 1112 I Street, Suite 200, Sacramento, CA 95814 • t: 916.231.2939 • www.sdlf.org

California Special District – January-February 2017

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California Special District – January-February 2017

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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.

Bank of the West – CSDA branded purchasing card program designed for special districts.

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. CSDA’s Value-Added Benefits deliver cost-effective solutions to meet your agency’s needs now and in the future.

Employee Relations – Employment background investigations, drug testing and employee hotline services.

California CAD Solutions – Digital mapping solutions.

CalTRUST – Pooled investment accounts.

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

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

Streamline – Website design system and transparency tools.

U.S. Communities -– Discounted purchasing forum for office supplies, technology products and more.

Utility Cost Management - Utility bill audits and energy efficient advisory services.

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

42

SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY

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For over 30 years, SDRMA has been helping California public agencies guard the future and manage risk with confidence. With the benefit of world-class risk management consulting and technical experts, we’ve been providing superior coverage protection programs exclusively for public agencies. And we do it in a way that works seamlessly as a single resource for all your coverage protection and risk management needs.

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PRSRT STD U.S. Postage PAID Permit No. 316 Sacramento, CA

CW_057_011117_CSDA_object_ad_dAf_01_20.pdf

1

1/20/17

2:53 PM

KEEPING UP WITH THE CAPITOL. The New Year is a time of transition, of new beginnings and fresh perspectives. As cities, towns and agencies prepare for newly elected officials and newly enacted legislation, we’re reminded that change can sometimes be overwhelming. While Churchwell White can’t help you lose those ten extra pounds or keep your New Year’s resolutions, we can give you the information you’ll need to start your year off right.

Every year, Churchwell White attorneys and legislative advocates compile and curate a guide to new and updated laws that may affect public entities—particularly cities and special districts—in the coming year.

Visit legislativeupdate.info to download a complimentary copy of our annual Legislative Update.

PUBLIC LAW

| GOVERNMENT RELATIONS | REGULATORY ADVOCACY | CHURCHWELLWHITE.COM 44