2020 CA Special District Mar-Apr

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 15 , I s s u e 2 • Ma r ch - Ap ril 2 0 2 0

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

PAGE 26

Exceptional Public Outreach in a Community Led District How Special Districts Can Lead California’s Response to Climate Change page 22

Risk Management:

What’s So Special:

Managers Corner:

Cooking With the District page 40

COVID-19 Workers Compensation and Brown Act Updates

Leading During Times of Crisis

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CBC18.0653

District of distinction accreditation

district of distinction accreditation

Take your district to the next level.

Special District Leadership Foundation

The District of Distinction Accreditation is designed as a way for districts to highlight their prudent practices important to effectively administer and govern a special district.

In a time when proper fiscal management and responsibility in public agencies is paramount, it has become increasingly important to demonstrate that districts have sound fiscal management, transparency, and governance policies/practices in place. Apply today!

1112 I Street, Suite 200, Sacramento, CA 95814 • t: 916.231.2909 • www.sdlf.org Volume 15 • Issue 2

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TABLE OF CONTENTS

How Special Districts Can Lead California’s Response to Climate Change Solutions and Innovations:

Joining Forces with Non-profits

12

Bruce Tulgan Seven Myths Holding Managers Back

20

32

Take Action: Special Districts Week 2020 and Email Retention Legislation

34

CSDA News 26 Community Connections:

You Ask, We Answer:

Exceptional Public Finance Committee Outreach in a Meeting Requirements Community 38

Led District

Movers and Shakers

30 Managers Corner:

Ask the Experts:

Leading During Can a Board of Directors Times of Crisis 40 Remove One of its

Members from Office

Risk Management: COVID-19 Workers Compensation and Brown Act Updates

05 CEO’s Message 06 Professional Development 08 15

16 18

24 Legal Brief:

Special Districts

and Drones

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

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22

Money Matters: Utilizing a Section 115 Trust to Pre-fund Pension Benefits What’s So Special: Cooking With the District

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

California Special Districts • Mar-Apr 2020

CEO'S MESSAGE

CSDA & Members Take Action to Respond to COVID-19 COVID-19 has certainly changed the way we all operate, interact, and serve our respective constituent bases. Special districts providing essential Neil McCormick services every day to CSDA Chief Executive Officer millions of Californians are no exception.

Our members have done a phenomenal job, as they always do, in adapting as best as possible to continue to keep needed services in-place while also ensuring the communities they serve are safe.

At CSDA, we adjusted operations immediately to be the resource and voice to key stakeholders for our members. It seemed somewhat natural in that doing so sits at the core of CSDA’s mission. Its why we exist!

Some of CSDA’s initial efforts around the COVID-19 pandemic included the following: • CSDA immediately connected and opened dialogue with the California Office of Emergency Services (CalOES), CA Department of Public Health (CDPH), Governor’s Office, and a host of other key

stakeholders to ensure CSDA and our members were at the table as decisions are made. This included connecting special district general managers with CalOES for a conference call as soon as the pandemic was first being declared.

• CSDA developed and launched a COVID-19 online community to provide members with timely information, resources around the topic, and allow districts to share information on how they are adapting operations.

• CSDA sent a letter to Congress urging consideration for special district resources and mobilized our membership to take action. continued on page 6

CSDA COVID-19 RESOURCES CSDA developed and launched a COVID-19 online community to provide members with timely information, resources around the topic, and allow districts to share information on how they are adapting operations.

CSDA Board and Staff Officers

Staff

Joel Bauer, CSDM, President, West Side Cemetery District

Neil McCormick, Chief Executive Officer Megan Hemming, Professional Development Director cassandra Strawn, Member Services Director Kyle Packham, Advocacy & Public Affairs Director Todd Winslow, Publications Director Rick Wood, Finance & Administration Director Itzel Becerra, Professional Development Assistant Jenn Jacobs, Member Services Representative Eleanor Boling, Member Services Representative emily cha, Senior Member Services Specialist Marcus Detwiler, Legislative Assistant Dillon Gibbons, Senior Legislative Representative Vanessa Gonzales, Communications Specialist Colleen Haley, Public Affairs Field Coordinator Jim Harrold, Database & Online Communities Coordinator Mustafa Hessabi, Legislative Analyst-Attorney Charlotte holifield, Public Affairs Field Coordinator Cole Karr, Public Affairs Field Coordinator chris norden, Public Affairs Field Coordinator Chris Palmer, Public Affairs Field Coordinator amber phelen, Executive Assistant alyssa silhi, Legislative Representative jennifer smith, Professional Development Coordinator eric spencer, Member Services Specialist Anthony Tannehill, Legislative Representative Dane Wadlé, Public Affairs Field Coordinator Roman Waskiewicz, Legislative Assistant James Wilfong, Senior Designer

Ryan Clausnitzer, CSDM, vice president, Alameda County Mosquito Abatement District Elaine Magner, Secretary, Pleasant Valley Recreation & Park District Stanley Caldwell, Treasurer, Mt. View Sanitary District Greg Orsini, past President, McKinleyville Community Services District

Members of the Board Don bartz, CSDM, Phelon Pinon Hills Community Services District Ralph Emerson, Garberville Sanitary District Chad Davisson, CSDM, Ironhouse Sanitary District Vincent Ferrante, Moss Landing Harbor District JERRY L. GILMORE, Truckee Sanitary District Peter Kampa, CSDM, Groveland & Copper Valley Community Services District Jo MacKenzie, Vista Irrigation District Noelle Mattock, El Dorado Hills Community Services District Sandi Miller, CSDM, Selma Cemetery District LOrenzo rios, Clovis Veterans Memorial District katherine stewart, Vandenburg Village Community Services District Fred Ryness, Burney Water District Arlene Schafer, Costa Mesa Sanitary District

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

© 2020. California Special Districts Association.

Volume 15 • Issue 2

A proud California Special Districts Alliance partner

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PROFESSIONAL DEVELOPMENT

CSDA’s 2020

GENERAL MANAGER LEA ERSHIP SUMMIT “Elevate” Your Professional Development – CSDA’s 2020 General Manager Leadership Summit Don’t miss your chance to attend CSDA’s 2020 General Manager Leadership Summit, June 28 – 30, 2020 in the Lake Tahoe area. This cutting-edge conference for general managers and other management staff in special districts includes: three nationally known keynote speakers, a legislative update, and high-level breakout session options to give you the information and skills you need to help you and your district excel. Breakout session options include: • How Learning your ABC’s Became so Difficult: Independent Contractors, Dynamex and the AB 5 Triangle • Know Who You Lead - The Generational Gap • Cultivating a Workplace Culture of Respect in a Polarized Society • and…Managing Your Time Wisely to Become a High Performer

CEO'S MESSAGE CONTINUED

COVID-19 Resources • CSDA immediately launched a series of free webinars to ensure members received guidance on topics like remote meetings, the Brown Act, and human resources considerations based on the fluid COVID-19 directives.

• CSDA’s public affairs field coordinators actively reaching out to members via email, phone, and video chat to check-in, solicit questions and challenges, and connect special district 6

Day 1 Opening Keynote – It’s Okay to be the Boss Bruce Tulgan, Founder and CEO, RainmakerThinking, Inc. Most managers spend a lot of time communicating with their direct-reports, but their communication is too often lacking in structure and substance. As a result, problems hide below the surface, until they blow up, and then everyone has to jump into firefighting mode. That’s why so many managers are stuck in a vicious cycle of undermanagement. Attendees will learn to build relationships of trust and confidence; effectively delegate tasks, responsibilities, and projects; reduce waste, inefficiency, errors, downtime, and conflict; and more!

Day 2 Keynote – Master Your World: 10 Leadership Strategies to Improve Productivity and Communication Dr. Mary Kelly, Best-selling author We hear the word leadership a lot around the office. But, do we understand what it means to be a leader – regardless of our job title or our place on the ladder?

Leadership isn’t just a plan for the supervisors and CEOs. Leadership is a set of principles that affects every employee, every team member, and every consumer. Leadership is what differentiates the ordinary from the amazing.

NEW this year, conference will come to a close after lunch on Tuesday at 2:30 p.m. Lunch will include both a legislative update from CSDA Advocacy and Public Affairs Director Kyle Packham and a 2020 Economic Outlook from Dr. Christopher Thornberg of Beacon Economics. An expert in economic and revenue forecasting, regional economics, economic policy, and labor and real estate markets.

Registration is available now at csda.net.

officials with resources and best practices from federal, state, and local counterparts.

Additionally, CSDA’s Advocacy Team are connected to legislative offices and committees at the Capitol to ensure special districts are part of the conversation as relief measures and new policy are developed.

We stand ready at CSDA to remain nimble so that we can provide resources that best serve and assist our members and I know special districts statewide are doing the same as they work to deliver crucial services in their communities in the wake of COVID-19. Stay safe and healthy!

California Special Districts • Mar-Apr 2020

California Special Districts Association Districts Stronger Together

New!

CSD offeringA is virtual e as a vent!

SPECIAL DISTRICTS CSDA is transitioning our in-person Special Districts Legislative Days Conference to a virtual event. Attendees will have even more access to important information using this new format with no travel or hotel costs. Here’s what’s included: Monday, May 18 – Friday, May 22 Access to three on-demand Policy Expert Webinars • Prudently and Proactively Managing Pension Liabilities in Today’s Volatile Environment • 2021: When Redistricting and the California Voter Rights Act (CVRA) Collide • Navigating Legal Attacks, Legislative Shifts, and Public Protests on Prop 218 Rates and Fees

Tuesday, May 19 (recording available until May 28) LIVE Legislative Briefing • Senator Jim Nielsen • Secretary of Natural Resources Wade Crowfoot • CSDA Advocacy Team

Visit csda.net to register now. @CSDAdistricts facebook.com/CSDAdistricts #districtsadvocate

CSDA NEWS

Chat with Us!

CSDA recently launched a new chat feature on CSDA’s website that allows members to ask questions and get assistance in real-time, online.

Members are already using the new feature, and it is working extremely well in providing them with exceptional service which is always our goal. During regular business hours, it is in live chat mode and after hours, it is available to send a direct email to member services which will be replied to first thing the next day. Go to CSDA’s website and you’ll see the new feature in the bottom right of your screen.

We look forward to chatting with you!

CSDA 2021 – 2023 Board of Directors Voting Coming Soon!

Voting for our upcoming election will be done through a web-based online voting system, allowing your district to cast your vote easily and securely. Electronic Ballots will be emailed to the main contact in your district on May 25, 2020, the first day of the election. All votes must be received through the system no later than 5:00 p.m. July 10, 2020. If you have any questions, please contact Amber Phelen at amberp@csda.net.

Honoring the Memory of Katcho Achadjian, CSDA’s First Legislator of the Year CSDA offers our heartfelt condolences to the family and loved ones of Katcho Achadjian, CSDA’s first Legislator of the Year, a true gentleman, and so much more. Katcho was the CSDA Legislator of the Year in 2014, our first year presenting the award.

The editorial board of The Tribune of San Luis Obispo said it well in their March 08, 2020 column: “An old-fashioned word may describe him best: Katcho Achadjian was a gentleman. Through grace, good humor, and common decency, he elevated politics. And oh, how we could use some of that today. Katcho was that rarest of breeds: a conservative politician respected by Republicans and Democrats alike. Simply put, he listened to people and looked out for the underdogs.”

Katcho Achadjian died March 5, 2020 at the age of 68.

He will be sorely missed.

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2020 CSDA Award Nominations Now Open!

Nominations Deadline: May 29, 2020

CSDA presents various annual awards during the CSDA Annual Conference & Exhibitor Showcase including: • • • • • • •

Board Member of the Year General Manager of the Year Staff Member of the Year Innovative Program/Project of the Year Exceptional Public Outreach & Advocacy CSDA Chapter of the Year Ralph Heim Exceptional Outreach & Advocacy • William Hollingsworth Award of Excellence.

Check out more details at CSDA.net. For questions, contact Vanessa Gonzales at 877.924.2732 or at vanessag@csda.net.

Northeastern California Chapter of CSDA Formed in Modoc and Lassen

Special district leaders in Modoc and Lassen Counties have formed CSDA’s 20th affiliated chapter. CSDA’s Board of Directors approved the Northeastern California Chapter of CSDA at its January 17 meeting in Sacramento.

The Northeastern Chapter elected Jesse Claypool to the Honey Lake Valley Resource Conservation District will serve as president.

Nikki Moroney of the Clear Creek Community Services District will serve as vice-president, and Karen Rollings of the Lassen Municipal Utility District will serve as secretary/treasurer.

California Special Districts • Mar-Apr 2020

SDLF Updates Program names Last year, the Special District Leadership Foundation (SDLF) Board of Directors and Staff spent considerable time reviewing all the programs, requirements, and scholarships offered to keep the organization and its mission moving forward. Additionally, a comprehensive focus group was held to solicit feedback from a broad spectrum of stakeholders which produced a significant amount of great ideas and changes that the organization should consider.

One of the resounding takeaways centered around the current program names for the Special District Administrator (SDA) designation and Recognition in Special District Governance certificate. Specifically, the feedback received indicated that the names didn’t adequately describe the recognition that has been earned.

Consequently, SDLF initiated follow-up with some individuals that currently hold the designations to make sure we were on the right track.

As a result of these efforts, the SDLF Board of Directors approved the following updated program names to be effective March 1, 2020: • Special District Administrator (SDA) designation will now be Certified Special District Manager (CSDM).

• Recognition in Special District Governance will now be Certificate in Special District Governance.

There are no new program requirements imposed on any individuals currently holding either designation. Simply start using the updated names starting March 1, 2020!

Volume 15 • Issue 2

Senator Jim Nielsen Honored as Legislator of the Year by CSDA

CSDA, together with dozens of local officials, recognized Senator Jim Nielsen as its Legislator of the Year at the Butte County Special Districts Association General Meeting on February 7 at the Feather River Recreation and Park District.

Shawn Rohrbacker, president of the Butte County Special Districts Association and general manager of the Feather River Recreation and Park District said, “Senator Nielsen knows our community and understands the role and value of special districts in serving our community. He is a real partner in meeting the needs of our community and striving to exceed their expectations.”

In presenting the award, CSDA Board Member and Legislative Committee Chair Noelle Mattock stated, “Senator Nielsen is a true statesman, which is why CSDA is grateful for the opportunity to work with him on legislation affecting local services and why he has been so successful in the Legislature.”

In 2019, Senator Nielsen authored legislation to re-align the test claim filing period at the Commission on State Mandates with the fiscal year rather than the calendar year in order to provide special districts and other local agencies with sufficient time to file timely and accurate reimbursement claims. In 2018, he successfully authored legislation proposed by CSDA that allowed CalPERS to implement a prefunding trust program so that local agencies can act proactively to reduce pension liabilities.

“There is no greater honor than public service,” said Senator Nielsen upon receiving the Legislator of the Year from CSDA. “It is my privilege to advocate for issues that affect everyday Californians in Sacramento, and I am thankful to be recognized by the hard-working people of the California Special Districts Association and its statewide members.”

Providing Special Districts with Focused Legal Strategies We counsel clients throughout California in sectors including Water, Public Finance, Public Agency, Environment, Infrastructure, Employment, Data Protection, Government Relations and Eminent Domain. What solutions are you seeking?

9

get to know

YOUR ?

CSDA Board Members

We asked some of our current board members two questions:

1. Why is it important to you to serve on the CSDA Board of Directors?

2. What does CSDA mean to you?

NORTHERN NETWORK

1. I enjoy being a “player” on my local water board and a Northern Network board member. I think it is important as a citizen, to be informed and take a part. I believe CSDA and local districts form an integral part of our system of government.

1. Serving on the CSDA Board allows me to assist others in the way I have been helped and in the process of assisting others, I am continually learning from the other board members and special districts we associate with.

Ralph Emerson

Garberville Sanitary District

2. CSDA is the premier advocacy group for assisting special districts with governance and compliance issues. Nobody provides better service to their members.

fred ryness

Burney Water District

2. CSDA is extremely viable for membership training activities for all members in California. Our special districts boards and employees benefit greatly from CSDA. Their political involvement is invaluable especially in this atmosphere of State interference and takeover of our resources.

1. I serve to give back to our membership, our team, and so that the unique conditions of Northern California are considered when state wide decisions are being made. I cannot think of a more relevant way to pay forward what CSDA does for special districts in our state that to give of my time for the association. The CSDA staff are an amazing group of professionals, from the leadership to the most junior staff member. When I witness them in action, I am compelled to give it my all. I am a believer in our association.

GREG Orsini

McKinleyville Community Services District

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2. CSDA means professional development and advocacy specific to the interests of California special districts. All you have to do is watch what is going on in our state legislature and how CSDA influences legislation; our representatives look to CSDA to have the words in their bills placed in context so that unintended consequences can be minimized. It’s the first association I think of when I have a question related to local government and how our sister agencies are getting the work of their constituents done. Through CSDA’s conferences and trainings we are not only exposed to relevant information but also a state-wide network of highly functioning individuals facing the same day to day issues, who are more than willing to share and trade ideas on how to better serve our communities. CSDA.net is another resource full of information, a one-stop shop for training, information on legislation, and the communities section that functions as our online forum to exchange information and participate in relevant matters.

California Special Districts • Mar-Apr 2020

sierra NETWORK

Jerry Gilmore

Pete Kampa, CSDM

Truckee Sanitary District

Groveland and Copper Valley

1. I have always placed a high value on volunteer service.

Whether it's me, or another CSDA member, the CSDA Board of Directors provides a collection of ideas, values, and knowledge for a common purpose or goal. I am honored to have been elected and look forward to a rewarding experience.

(formerly Saddle Creek)

Community Services District

2. CSDA is my primary resource when I think of my special district management “tool kit.” I never feel alone as a district manager as I know I can turn to CSDA to help orient and develop excellent governing officials and staff, solve day to day problems, and have access to nearly unlimited resources experienced in all aspects of special districts. It is comforting to know that when our industry is dealing with a crisis, from a horrible piece of legislation to a pandemic response, CSDA is representing our needs as an extension of staff, lobbyist, and legal team!

2. CSDA offers a wide variety of opportunities to have a view of the governance outside the boundaries of individual districts. There are significant resources available. The combined voices give a powerful influence with government and their regulatory agencies.

Combined with training classes and fellowship, CSDA is the perfect vehicle to help all districts provide the best possible service to the public.

?

Get to know more about CSDA board members in future issues of CA Special Districts!

Volume 15 • Issue 2

1. I believe that special districts are the foundation of excellent local government and services, especially in rural California. I joined the CSDA Board of Directors in 1998 to provide experience and leadership to help increase the understanding and influence of special districts in the capitol and in our communities. As a board member, I believe strongly in supporting the excellent management and staff at CSDA. I achieve great satisfaction supporting policies and actions on the board that keep CSDA on the cutting edge with excellent educational offerings, leadership development, robust legislative advocacy and outreach so that every special district does not have to “plow” this road on their own. CSDA has become everything I had dreamed it would be, making better district boards and making my life easier as a district manager – plus, it always has been a pretty fun group!

Noelle Mattock

El Dorado Hills Community Services District

1. Having worked for the state and been engaged in government relations for the past two plus decades I know the important role state associations like CSDA play. CSDA is our eyes and ears in and around the State Capitol. In the time I have had the honor and pleasure to serve on this board, CSDA has helped us to share the important role districts play in our communities and has elevated special districts to be recognized as the “third leg” of the local government stool on par with cities and counties.

2. CSDA has been instrumental in advocating to protect our ability to serve our communities and played a key role in providing excellent educational opportunities for our board and staff.

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solutions and innovations

Joining Forces with Nonprofits: Leveraging a District’s Integrity to Improve Public Health and Comfort By

By Ryan Ryan Clausnitzer, Clausnitzer, General General Manager, Manager, Alameda Alameda County County Mosquito Mosquito Abatement Abatement District District and and Eric Eric Has-Stapleton, Has-Stapleton, PhD., PhD., Lab Lab Director, Director, Alameda Alameda County County Mosquito Mosquito Abatement Abatement District District

The size and location of your special district should not limit your ability to have an out-sized positive impact regionally, state-wide, or as you will soon find out—globally. Private-sector influence and labor talent may be determined by its number of employees, revenue, and location. Rather than relying on financial and personnel assets, smaller special districts can efficiently leverage their trust and access to the public with a non-profit partner’s desire to accomplish their mission.

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California Special Districts • Mar-Apr 2020

Alameda County Mosquito Abatement District (ACMAD) is a “small” special district and “mid-sized” mosquito and vector control district with a staff of 17 and an annual budget below $5 million that serves a population of 1.6 million, 740 square miles, and 14 cities.

A district’s “size” is defined by its tax base. Compared to a private section business that must grow to compete, we focus on controlling costs through efficiency measures such as establishing mutual aid agreements, automation, and by partnering with non-profits such as the Chan-Zuckerberg Biohub (CZ Biohub). CZ Biohub is a medical research organization in the San Francisco Bay Area that was founded in 2016 with a $600 million endowment, employing scores of researchers at their facility in San Francisco, and supporting over 60 faculty and research initiatives across UC Berkeley, UC San Francisco, and Stanford.

The vision of CZ Biohub is to help cure, prevent, or manage all disease in our children’s lifetime. This aligns well with our district’s mission to improve the health and comfort of Alameda County residents by controlling mosquitoes, thereby limiting the transmission of mosquito-borne diseases. Due to many wellestablished mosquito abatement districts, mosquitoes in the US are considered by most to be merely an annoyance. However, worldwide they spread life-threatening infectious diseases to nearly 700 million people each year, resulting in over one million deaths.

Increasing global temperatures is rapidly reshaping the geographic distribution of mosquitoes, bringing them and the diseases they carry to ever higher latitudes. The rapid spread of Zika virus brightly illustrates this intersection of people, pathogen, and mosquitoes.

Understanding when and where the microbes that cause these diseases are present in mosquitoes provides information that is needed to control infectious mosquitoes.

Our collaboration with CZ Biohub began in 2017 as a bold initiative to sequence representative members of the mosquito species circulating in California and investigate the commensal and pathogenic microbes they carry (i.e., their metagenome). Foundational to this effort was the intensive mosquito monitoring program that our district already had in place. This allowed us to quickly demonstrate project feasibility to the leadership at CZ Biohub and the district. At the onset, core project team members from CZ Biohub and ACMAD visited each other’s facilities to gain a hands-on appreciation of our workflows and capacities for understanding how we could best synergize our efforts. Appreciating for example that changing the type of tube used to collect the mosquitoes would enable the use of automated DNA and RNA extracting robots was fundamental to launching the project beyond our district border.

The first phase of the project successfully characterized the metagenome of individual mosquitoes that were collected from Alameda County and encouraged us to invite four other special districts to contribute mosquitoes from their regions.

The outcomes of this project were recently uploaded to an open access preprint repository where we describe novel viruses and the relative prevalence of the diverse microbes that we detected in the mosquitoes (www.biorxiv.org/ Volume 15 • Issue 2

Staff from the Alameda County Mosquito Abatement District laboratory removing mosquitoes from a 3D printed mosquito trap (left) and determining the species of mosquito using a microscope (right) for our collaboration with CZ Biohub.

content/10.1101/2020.02.10.942854v1). This study sprouted wings internationally when CZ Biohub integrated the workflow developed for this Californiafocused project to enable concomitant cutting-edge pathogen detection and discovery in mosquitoes and humans from low- and middle-resourced settings such as Uganda, Bangladesh, and Cambodia. Dr. Amy Kistler, the group leader of the Infectious Disease Initiative that led the CZ Biohub team tells us “being able to initiate this project with highly skilled and engaged local partners in the context of the well-resourced setting of the Bay Area was a critical to the success of this initiative and the subsequent work we are now pursuing in the global health setting. Our engagement with the ACMAD allowed us to close key gaps in content knowledge, rapidly iterate, and integrate experiments in the field and the lab bench.

The scientific exchange that occurred during reciprocal site visits at CZ Biohub and the ACMAD Lab were particularly helpful. Insights from these interactions gave everyone on the CZ Biohub team a deeper appreciation of what our local partners in this special district does, and continued on page 14

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solutions & innovations

they also provided us a better sense of the general challenges of work in the field. This enabled us to develop a robust approach for mosquito collection, sequencing, and analysis.” On January 8th, 2020, Dr. Kistler shared the results of this study to a packed room during the bimonthly Alameda County Special District Chapter membership meeting at our district’s facility in Hayward.

To make the collaboration a win-winwin for CZ Biohub, special districts that focus on mosquito control, and the public, CZ Biohub also mined the mosquito sequence data that was captured during our collaboration to recover and assemble sequences of a mosquito gene known to confer resistance to pesticides. Prior to this study, these sequences were not available for several of California’s most highly prevalent native mosquito species.

This data formed the starting point for a Master of Public Health intern from UC Berkeley to successfully develop a genetic test for mosquito pesticide resistance in

Dr. Amy Kistler from CZ Biohub describes their goals to help cure, prevent or manage all disease in our children’s lifetime and how the mosquito metagenome sequencing project with Alameda County Mosquito Abatement District furthers their aim to locate mosquitoborne disease outbreaks before they are spread broadly in the community.

our district lab. This breakthrough enables mosquito control labs across the nation to now test for pesticide resistance in all of the mosquito species that transmit West Nile virus in California using a single test.

This type of partnership is not unique to our district. For example, Consolidated Mosquito Abatement District is working with Verily Life Sciences to develop new approaches

for limiting the spread of mosquitoes that transmit dengue and Zika viruses. Talent and good ideas are found in all district sizes; however, barriers such as lack of resources and staff time can sometimes jeopardize one’s ability to convert talent and ideas to action. Tools such as CSDA’s District Networks and Affiliated Chapters can be leveraged to build foundations that support mutual beneficial partnerships in your community.

Representing California public agencies for over sixty years.

Greg Stepanicich Jim Markman Roxanne Diaz Ginetta Giovinco Whitney McDonald

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Construction

Labor & Employment

Special Districts

Eminent Domain

Litigation

Telecommunications

Energy

Public Agency Law

Transportation

Environmental

Public Finance

Waste Management

General Counsel

Real Estate

Water Law

888.479.4529

California Special Districts • Mar-Apr 2020

Questions Appear in CSDA Communities

YOU ASK, WE ANSWER

Q&A

Finance Committee Meeting Requirements Jim Miller, Board President Grizzly Ranch Community Services District I am board president of a small CSD and we have formed an ad hoc committee to advise the board on the investment of CSD funds. We have formulated an investment policy which is in compliance with all known requirements and are now considering making this committee a permanent advisory committee with monthly meetings set at random times that meet all the member’s availability. I have reviewed the Brown Act and am confused as to the requirements for committee meetings. This committee will be composed of a nonquorum of board members (2 or less), the CSD treasurer, and a district resident. Would this advisory committee be required to meet the Brown Act requirements imposed upon governing bodies such as agenda posting and open meetings, etc.?

Volume 15 • Issue 2

Rick Howard, General Manager Orange County Mosquito and Vector Control District Great question! Government Code Section 54952(b) states: A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

I think, and you should ask your legal counsel for more definitive input, that the words “composed solely of the members of the legislative body” would be the trigger since you have a member of the public on the ad-hoc committee and the committee itself is not made up solely by members of the board. So, I’d say yes.

Colby Diuguid, General Manager Jurupa Area Recreation and Park District My understanding is, if it is a standing committee and listed in your bylaws then it is subject to Brown Act notifications for meetings.

I do not believe it is required you take/post minutes, however as a best practice and to increase transparency we post minutes for all committee meetings. The board accepts them as a “receive and file.”

Loren Stephen-Porter, Executive Assistant/Board Secretary North County Fire Protection District I think making this a permanent advisory committee may make it subject to the Brown Act. Although you say you will have a nonquorum board, it looks like the ad hoc committee may appointed by the board and will last indefinitely, with continue subject matter and monthly meetings. I would call this a standing committee. It has continuing subject matter (investment of funds) and a fixed meeting schedule (monthly). Others may feel differently, but I would error on the side of caution.

CSDA Disclaimer: This section is not intended to be legal advice. Members should always seek legal counsel.

The information contained here is for general reference purposes only.

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MOVERS & SHAKERS

MOVERS& SHAKERS Chino Valley Fire District Finance Director Steve Heide (center) was installed in January as president of the California Society of Municipal Finance Officers during the CSMFO Annual Conference in Anaheim. Steve is just the second special district member and first fire district representative to serve as the elected president of CSMFO in the 63-year history of this statewide professional association for government finance officers.

The Oxnard Harbor District Board of Commissioners appointed Celina Zacarias as harbor commissioner.

Commissioner Zacarias will be filling the vacancy left by the passing of Commissioner Dr. Manuel Lopez. Ms. Zacarias brings a wealth of experience, community and business relationships.

Her knowledge of the port, its contributions to both the economy, the community and its operations helped guide the board’s consideration among a room of highly qualified candidates.

The Cucamonga Valley Water District recognized Randy Stewart, controls analyst as the recipient of its Employee Innovation Recognition Program Award. This program was established to recognize employees who are forwardthinking and have implemented tools, policies, and procedures that have improved work processes and provided solutions to enhance district operations, which also resulted in time and financial savings. Mr. Stewart was honored for his dedication and contributions to enhancing how the district’s machines and equipment function together, which allow CVWD’s water and wastewater systems to operate continuously.

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The Costa Mesa Sanitary District was awarded the 2020 Overall Champion of CalICMA’s Talent Action Program. Overall Champion is the highest level achieved by a municipality or a special district for attracting, recruiting, developing and retaining talented employees, while at the same time improving workplace culture.

This award is a team effort, so all district employees, including the board of directors, are congratulated for receiving this award.

The Midpeninsula Regional Open Space District received certificate of achievement awards from the Government and Finance Officers Association for its comprehensive and popular annual financial reports.

The comprehensive annual financial report provides a detailed view of agency finances, while the popular annual financial report makes financial highlights easily understandable.

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

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

California Special Districts • Mar-Apr 2020

Placentia Library District recently received four awards!

The district was named Employer of the Year by the Placentia Chamber of Commerce; Library Board President Gayle Carline received the 2020 Citizen of the Year award; Purposeful Loving Fearless Friends (PLFF), Placentia Library Foundation, was named the 2020 Non-profit Organization of the Year; and their Teen Advisory Club Member America Martinez received the Youth of the Year Award!

We know that California’s Special Districts are facing unprecedented challenges during this time of uncertainty. We extend our warmest regards to you, your colleagues and your families. The BB&K team, including Labor & Employment, Employee Benefits, Government Relations and Public Law attorneys, is prepared to be of service to you. www.BBKlaw.com Offices throughout California and Washington, D.C.

Volume 15 • Issue 2

17

ASK THE EXPERTS

Can a Board of Directors Remove One of its Members from Office?

By Derek Cole, Partner and Co-founder, Cole Huber LLP

Can a special district’s board of directors remove one of its members? What if that member is constantly disruptive during meetings? What if he or she is abusive toward the public or district employees? Or what if a member puts no time or effort into doing his or her job? Are these or any other grounds ever cause for a board to vote to expel one of its members?

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The short answer is no. California law generally leaves it to voters to decide the fate of elected officials who, for whatever reasons, choose not to perform their duties or who act disruptively or abusively. The usual remedies for dealing with these types of officials—defeat at the next election and recall—are political, not legal.

There are, however, a few situations in which elected officials can be deemed to forfeit their offices. In these situations, California law considers an elected office “vacant.” The most obvious of these situations are when an elected official resigns or moves out of his or her district or agency territory. (Gov. Code, § 1770(c)(1), (e).)

But there are other—and less voluntary— situations in which offices can become vacant.

Of note, an elected official who leaves the state

California Special Districts • Mar-Apr 2020

“without the permission required by the law beyond the period allowed by law” vacates his or her office.

(Gov. Code, § 1770(f).) An office also becomes vacant when an official ceases “to discharge the duties of his or her office for the period of three consecutive months,” except in cases of sickness or permission for his or her absence from the state. (Gov. Code., § 1770(g).)

Unfortunately, there are few court cases that elaborate on when or how these grounds for vacancy are established. But it does appear that a board member who spends lengthy and continuous periods of

time travelling out of state may be found to vacate an office.

Equally, it appears a member can vacate an office when he or she devotes no time or attention to a position for an excessive period. In short, chronic absenteeism—especially when it involves the continuous failure to attend board meetings—can be cause for forfeiting one’s office.

But how can an official be removed from office on this basis? Not simply by a majority vote of the governing board.

A special district’s recourse, rather, is to file a legal proceeding known as “quo warranto.” This is essentially a civil lawsuit against the offending member, but one that requires the advance permission of the State Attorney General to file.

If authorized, this type of legal proceeding is not quick or easy. Although courts are required to give these proceedings calendar preference, the proceedings can take several months and can be costly to-pursue—especially for smaller agencies.

CSDA Spring 2020 1/4 pg. Ad As a practical matter, special districts’ options for dealing with derelict board members are very limited. Other than the quo warranto proceeding that may be authorized in severe cases of absenteeism, there is no legal means to compel a member to fairly or faithfully perform his or her duties. The only option in a case of a member’s neglect of duties may be

a public reproval by his or her fellow board members. This can be done through a device in parliamentary procedure known as a “censure”—a motion or resolution in an open meeting rebuking the member for his or her behavior or dereliction of duties. Although a censure has no binding effect, it can certainly educate voters about a member’s misdeeds or abuses of office.

Derek Cole is a partner and co-founder of Cole Huber LLP, a law firm with offices in Roseville and Ontario. He serves as a city attorney and general counsel to a number of special districts.

He may be reached at (916) 7809009 or dcole@colehuber.com.

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19

Feature

Bruce Tulgan

Founder and CEO, RainmakerThinking, Inc. California Special Districts introduces you to 2020 CSDA General Manager Leadership Summit Opening Keynote Speaker Bruce Tulgan, founder and CEO of RainmakerThinking, Inc., a management research and training firm, as well as RainmakerLearning an online training resource. Bruce is an adviser to business leaders all over the world and a sought-after keynote speaker and seminar leader. He is the best-selling author of numerous books including Not Everyone Gets a Trophy, Bridging the Soft Skills Gap, The 27 Challenges Managers Face, and It’s Okay to be the Boss. Bruce lectures at the Yale Graduate School of Management, as well as other academic institutions.

He has written for the New York Times, the Harvard Business Review, HR Magazine, Training Magazine, and the Huffington Post.

MORE ABOUT THE KEYNOTE SESSION ON PAGE 6.

CSDA’s 2020

20 20

GENERAL MANAGER LEA ERSHIP SUMMIT

California Special Districts • Mar-Apr 2020

CSDA 2020 General Manager Leadership Summit Keynote Speaker

There Are Seven Myths Holding Managers Back Managers today are under more pressure than ever. It keeps getting harder to manage people, retain the best talent, and develop new leaders. There are key areas of leadership with which many managers are struggling. Yet, the biggest thing getting in the way of most managers is their mindset. Common myths about leadership and management are holding back too many otherwise great leaders in the workplace. There are seven myths that I have seen hinder managers time and again. Here is a breakdown of what those myths look like and their opposing realities.

1. The Myth of Empowerment: The way to empower people is to leave them alone and let them manage themselves.

The myth of empowerment is the biggest and most pernicious management myth. Leaving people to sink-or-swim is not empowerment—it’s negligence. It is the definition of what I call “false empowerment.”

But the reason so many managers are trapped by this myth is that, for the most part, they are afraid of micromanagement.

Many managers often second-guess their own instincts, afraid their employees will fire back with, “Don’t micromanage me!”

The reality is that almost everybody performs better with more guidance, direction, and support from a more experienced person. Think of yourself like a coach to a professional athlete.

2. The Myth of Fairness: The way to be fair is to treat everyone the same.

This myth is the combined result of several factors. First, that HR has an (understandable) aversion to litigation risk that has led to a presumption that any differential treatment is somehow “against the rules.” Second, that some people have become wary of political correctness to the point of selfcensoring any mention of differences between and among individuals—even observable merit-based ones. And third, the popular misunderstanding of human development theory, which holds that “we are all winners.”

The reality is that performance is relative. Some outperform others. In that case, treating everybody the same, regardless of their behavior, is what’s truly unfair.

3. The Myth of the Nice Guy: The only way to be strong is to act like a jerk, but I want to be a “nice guy.”

Lots of managers act like jerks. That doesn’t mean they are strong. That doesn’t mean they are effective. It just means they are acting like jerks.

The reality is that real “nice guy” managers do what it takes to help employees succeed so those employees can deliver great service and earn more rewards for themselves.

Volume 15 • Issue 2

4. The Myth of the Difficult Conversation: Being hands-off is the way to avoid confrontations with employees.

Most managers find that the most painful and damaging aspect of managing is when they must have very difficult conversations with employees. They believe that being a strong manager requires or even causes these confrontations.

The reality is that being a weak manager makes these conversations inevitable, whereas being a strong manager means even the most difficult confrontations rarely occur, and when they do happen, they are not so painful after all.

5. The Myth of Red Tape: Managers are prevented from being strong because there are many factors beyond their control—red tape, corporate culture, senior management, limited resources, etc.

Managers tell me every day that despite their best efforts, they are held back by rules and red tape. And almost always, right beside them, in the very same organization with the very same rules, there are lots of managers who find ways to work within and around the rules. It’s difficult, but they do it anyway.

The reality is that the rules are most often there for a good reason. All it takes is an understanding of the rules, exactly what they are and are not. Managers should endeavor to make strong relationships with folks in HR who can help them navigate the red tape effectively.

6. The Myth of the Natural Leader: I am just not “good at” managing.

The underlying theory here is that some people are natural leaders and therefore the best managers. Try as they might, others without that natural ability will never be able to achieve a high level of management.

The reality, of course, is that management is a skill like anything else. With dedication and practice, anyone can become a great manager. And while some people may have that special brand of charm or charisma—that doesn’t necessarily mean they are good at managing people. Natural leaders are sometimes the ones who come in with enthusiasm and energy, but not very much of a plan, causing team members to run wildly off in different directions.

7. The Myth of Time: There isn’t enough time to manage people.

There is only so much time in a week, and many managers feel there’s simply not enough time for them to complete their own work in addition to managing others. The irony is that not investing time managing is what costs the most time in the end.

It’s what I call the vicious cycle of undermanagement.

It may seem counterintuitive at first but it’s what works— the only way to get back your time is to start spending more time managing others.

21

Feature

How Special Districts Can Lead California’s Response to Climate Change

By Pedro Nava, Chairman, Little Hoover Commission

There is no doubt that climate change poses a very real threat to California. From rising ocean levels threatening our coastline to dwindling Sierra snowpack causing severe droughts to devastating wildfires destroying our communities, climate change is drastically changing life in California as we know it. All of us must do our part to combat and prevent further detrimental changes to our environment. I was honored to represent the Little Hoover Commission, California’s independent government oversight agency, at CSDA’s Climate Adaptation Roundtable last fall. It was an opportunity to discuss the critical role special districts have in leading state efforts to combat climate change.

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California Special Districts • Mar-Apr 2020

Our Commission has a track record of looking at this issue.

In our 2017 report, Special Districts: Improving Oversight and Transparency, we focused on how special districts – the workhorses of government -- can lead efforts to mitigate the effects of climate change on our communities and the environment. The Commission made six recommendations focused on climate change adaptation.

First, we urged that special districts consider long-term needs for adaptation in capital infrastructure plans, master plans, and other relevant documents. We realize this is a daunting challenge because all of you have your hands full with day-to-day operations; however, we also realize that long-term planning is critical for California to thrive in this new era of environmental threats. Climate change must be a key planning and operational consideration as we think about and plan for the future.

Second, we urged districts to share climate adaptation experiences with the state. I applaud the survey that CSDA conducted last year. Your participatory role as special districts – both within state government and among your memberships – is crucial to expanding the knowledge base for local governments statewide. Successfully navigating the numerous effects of climate change requires collaboration and participation across all forms of government, and I am encouraged by the steps you have taken to do exactly that.

Third, we said California should study the impact of

requiring that real estate transactions trigger an inspection of sewer lines and require repairs if broken.

Communities need strong and adequately functioning wastewater infrastructure systems to keep excess stormwater from overwhelming systems and triggering sewage spills into public waterways.

This has become a regular occurrence in Florida’s coastal communities. We can and should take steps now to ensure California is prepared to prevent these disasters.

Fourth, we recommended that state regulatory agencies explore the beginnings of a new framework incorporating adaptable baselines regarding climate change. We are facing an entirely new kind of status quo that requires an entirely new approach to regulation. Special districts cannot continue to be subject to state regulations designed to preserve geographical or natural conditions that are no longer possible or no longer exist.

California must incorporate moving targets or baselines into regulations that provide the flexibility necessary to accommodate and respond to climate change.

Fifth, we urged greater public engagement by special districts on the issue of climate change. You are uniquely suited to communicate with and help prepare millions of Californians for the impacts of climate change. Your skilled public affairs representatives and district staff are well equipped to build powerful new levels of public trust by helping communities prepare for the uncertainty that lies ahead.

Effective Public Outreach Practical Strategic Planning

408/374-0977 info@rauchcc.com www.rauchcc.com

Volume 15 • Issue 2

Adapting to climate change is not a problem just for state government, or the private sector, or the special districts you represent. This is a problem for all of us, and only by working together can we ensure that California is ready for this immense challenge.

And sixth, we said that special districts should lead efforts toward regional partnerships on this issue.

More inter-district and governmental partnerships will be necessary as the impacts of climate change begin to mount.

The Climate Adaptation Roundtable was a great example of one of the ways that CSDA is working toward accomplishing this goal.

It is encouraging to see the progress many special districts

have made in these areas, yet we still have more work to do.

Adapting to climate change is not a problem just for state government, or the private sector, or the special districts you represent. This is a problem for all of us, and only by working together can we ensure that California is ready for this immense challenge.

Pedro Nava is Chair of the Little Hoover Commission.

He served in the Assembly from 2004 to 2010. continued on page 24

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23

LEGAL BRIEF

Special Districts and Drones What Public Officials Need to Know About Unmanned Aerial Vehicles

By Nicole Witt, Attorney, Hanson Bridgett LLP Regulating Drone Use: • Preemption: Special districts are in a particularly challenging position when it comes to regulating drone use because districts generally do not have police powers. This makes districts particularly vulnerable to challenge under the legal theory that the federal government may regulate drone use and local regulations are therefore preempted by federal rules. In considering the proper regulation of drones by a district, keep the following in mind: • Focus on privacy and security—areas that are traditionally left to local government.

• This is a complicated and largely untested area of the law. Consult with legal counsel to determine if your ordinance is permitted by existing case law and guidance from the FAA.

In the past few years, you have probably heard a distinctive buzzing sound overhead that signals a drone is operating nearby. That is because drone use in the United States is booming. As of January 2020, over 1.5 million drones have been registered in the United States.

You have also likely heard of the impacts of drone use on special districts.

Drones have been used by districts for a multitude of beneficial purposes. For example, a district may find that it is safer to use a drone to inspect a bridge rather than sending an employee up in a crane. However, districts have also borne the brunt of potentially dangerous or prohibited drone use, including flights over sensitive infrastructure or flights that interfere with emergency services. These issues have left many public officials wondering – what can my district do with drones?

There are generally three major topics that arise when a district is considering drone use: 1) proper regulation of drone use; 2) use of drones by the district; and 3) detection or mitigation of potentially dangerous drone use.

Highlighted here are some important points on each of these topics.

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• Enforcement: Once your district adopts an ordinance regulating drone use, there are practical issues regarding the enforcement of any ordinance.

The majority of drones are small and fast, which means that, even if a drone is properly identified with the required registration markings, it can be impossible to link a drone with its operator in order to hold an individual accountable.

• Update: the FAA has issued its Remote Identification of UAS notice of proposed rulemaking. Once finalized, the rule could impact enforcement challenges. Read more at www.hoverlaw.com/new-year-newrulemaking/ California Special Districts • Mar-Apr 2020

Using Drones: Before your district uses a drone, there are a number of important issues to consider.

• Be sure a district employee is properly licensed or contract with someone who is.

• Be aware of any restrictions related to your proposed flight path and comply with all State and federal laws and regulations.

• It would be prudent for the district to adopt a drone-policy to which its drone operations are subject. The policy should address privacy rights in particular.

Failure to consider such a policy could lead to public-perception issues even if the district is only using drones to inspect trees in local parks.

with these communications may violate the law.

• Consult with legal counsel before engaging in any active drone detection or mitigation efforts.

Active drone detection efforts are those that interact with the drone by pinging the communications between the drone and its operator. Drone mitigation efforts can include disrupting control of a drone, interrupting its GPS communications, or even hacking into a drone.

If your district is contracting out drone operations, a tailored contracting approach that considers the following is advisable.

• Who will provide the equipment and be responsible for airworthiness?

• Privacy issues • Intellectual property issues • Insurance • Indemnification Detecting or Mitigating (i.e., impeding) Drone Use: A few key considerations to be mindful of related to drone detection and mitigation efforts: • Drones are technically considered aircraft and many FAA regulations treat them as such.

• If you wouldn’t do something to a plane, don’t do it to a drone.

• Drones often use radio communications and interfering

Drones are still on the cutting edge of the law and many issues are unresolved. In particular we will need statutes and judicial opinions to clarify many privacy-related issues that apply to the new platform represented by drones. Stay tuned!

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Member FDIC 25

CSDA 2019 Award for Exceptional Public Outreach and Advocacy – Large District

Exceptional Public Outreach in a Community Led District

By April West, Communications Specialist, El Dorado Hills Community Services District

E

l Dorado Hills Community Services District (EDHCSD) was formed on May 21, 1962 to enhance the quality of life for El Dorado Hills Residents through innovative, responsible leadership, and by providing superior services and facilities.

EDHCSD serves the following services: Parks & Recreation; Refuse & Waste Hauling; Telecommunications; and CC&R enforcement to roughly 45,000 residents.

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As of early 2020, El Dorado Hills Community Services District (EDHCSD) operates 27 parks, encompassing nearly 400 acres and providing a full range of recreation services for residents including: playgrounds, picnic facilities, tennis, basketball, soccer, baseball, bocce ball courts, and much more. In 2016, EDHCSD revised its Park & Recreation Facilities Master Plan, with one of the main foci of that Plan toward becoming a District driven by the community and their collective input. Such a goal requires deliberate and consistent public outreach through community engagement, community partnerships, volunteerism, and advocacy on community led issues. All of these efforts combined create exceptional outreach with our residents, with our community partners, with local elected officials, and with our peer agencies.

Exceptional Public Outreach requires community engagement using multifaceted communication. For EDHCSD that includes, but is not limited to, hosting town hall meetings, developing surveys, direct mailings to residents, utilizing social media, and publishing a Recreation Guide three times a year.

The Recreation Guide, recently renamed the Community Resource & Recreation Guide (the Guide), includes a guide within a guide, which spotlights on local non-profit organizations. The goal of renaming the Guide was to strengthen partnerships with local nonprofits doing the most good in the community, and to connect the community. The Guide is mailed to every resident’s home free of charge, and EDHCSD also provides additional copies to the California Welcome Center in El Dorado Hills, EDH Chamber of Commerce, El Dorado County offices, and many other publicly accessible locations. Residents can open the Guide California Special Districts • Mar-Apr 2020

COMMUNITY CONNECTIONS

to find district news, updates from the general manager, upcoming special events, after school enrichment programs, youth sports, aquatics, senior center information, park and facility maps, general information, recent accomplishments, CC&R information, architectural control information, community resources, and so much more.

Another way the community engages with EDHCSD is by utilizing the district website, which includes most all of the updates on activities, programs, facility improvements, community calendar, and general information of the district. EDHCSD also employs a robust use of social media, by making over 1,000 posts to social media (e.g., Facebook and Instagram) about many different community interests, including local events, hot topics, employment Volume 15 • Issue 2

opportunities, community driven videos and articles from other jurisdictions which affect the community.

Additionally, district updates supported with hashtags on social media is another effective use of community engagement. One hashtag campaign is #edhcsdupdates; this hashtag is used with every district update from EDHCSD Parks or Recreation. The hashtag is used in conjunction with the yellow triangle with an exclamation point emoji, which begins the message. This repetitive use encourages residents (who like many

social media usersare scrolling quickly) to pause and read the important updates. Instagram users also follow the hashtag, which allows the community to stay connected to what they care most about from EDHCSD. District staff seek out and provide opportunities for exceptional community engagement is through soliciting feedback on EDHCSD projects like park development, LLADs and tecreation programs. This outreach often includes town hall meetings, target marketing, and developing surveys for specific residents, user groups, or villages (neighborhoods). Postcards are designed internally and are aimed to engage the residents using target marketing to deliver those specific messages to specific groups. For example, the postcard advertising an upcoming project includes a survey for Valley View Village, created specifically for that village and mailed using the resident’s name. Similarly, a postcard advertising an upcoming project in the Crown Village includes a survey link designed specifically for residents within that village. This allows residents to resonate with messages directly affecting their village.

It also allows EDHCSD to see how much traffic was generated by the target marketing through monitoring survey results as well as web traffic. Target marketing gives a personal touch and is designed to reach, and make residents feel the way EDHCSD intends, that their input matters.

Last, but certainly not least, exceptional community engagement involves developing and maintaining meaningful relationships with continued on page 28

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community partners. EDHCSD is committed to being a district who is driven by the community. Because giving back is important to El Dorado Hills, it is important to EDHCSD. In order for our community to give back, residents need to know what is happening locally, and through the Community Resource & Recreation Guide, El Dorado Hills residents can now find a community contact list, local listings from non-profit organizations like EDH Promise Foundation, County Agencies including El Dorado County Commission on Aging, opportunities to make a difference through volunteering and local sport league information.

Community Partners are also invited to participate and showcase themselves at some of EDHCSD’s most highly attended community events including the community summer favorite, Concerts in the Park. General Manager Kevin Loewen, also allows certain non-profit groups facility space to host events which enrich the community and support the district’s mission to “Enhance the quality of life for El Dorado Hills Residents through innovative, responsible leadership and by providing superior services and facilities.”

In relation to community partners, the district became serious about 28

establishing a vibrant volunteer program in 2018, and making it a priority to provide volunteer opportunities at special events and in programs throughout the District. EDHCSD adopted the use of VolunteerHub (a stand-alone volunteer management software program) which provides a centralized location where the District and Community Partners post volunteer opportunities so individuals and service groups can easily sign up to serve the community of El Dorado Hills.

The VolunteerHub site is also easily accessible by anyone visiting the District website looking for information about volunteering. The use of VolunteerHub

National Volunteer Appreciation Month.

A Volunteer Appreciation Campaign has been developed, which includes volunteer spotlights, quotes from volunteers, and banners with positive messages from volunteers at different facility locations within El Dorado Hills.

The examples are a few of the ways EDHCSD strives to be a district driven by the community and their collective input.

As the community grows, and the world around us changes, EDHCSD recognizes the need to be nimble, and while this is true, the district continues to act in a such a deliberate way, which consistently strives to provide public outreach through community engagement,

has significantly improved the way the district communicates with constituents about volunteer opportunities and our volunteer program, resulting in over 700 members of the community using the platform to sign up and participate in a wide variety of volunteer opportunities in the last year. Using VolunteerHub, the district is able to easily communicate and reach out to the public anytime a new need for volunteers arises. To further recognize and show appreciation to volunteers, EDHCSD Board of Directors acknowledged April 2020 as

community partnerships, volunteerism and advocacy on community led issues.

All of these efforts combined create exceptional outreach with our residents, with our community partners, with local elected officials, and with our peer agency groups. This outward and transparent communication is what grants El Dorado Hills Community Services District the esteemed privilege of being awarded the Exceptional Public Outreach and Advocacy Award in 2019 by the California Special Districts Association.

California Special Districts • Mar-Apr 2020

2019 BOARD SECRETARY/CLERK CONFERENCE SPEAKER

Business Affiliate Special Acknowledgements BUSINESS AFFILIATE

DIAMOND LEVEL

BUSINESS AFFILIATE

PLATINUM LEVEL

CSDA Finance Corporation www.csdafinance.net

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

Richards Watson Gershon www.rwglaw.com

Special District Risk Management Authority www.sdrma.org

Best Best & Krieger www.bbklaw.com

Umpqua Bank www.umpquabank.com

Liebert Cassidy Whitmore www.lcwlegal.com BUSINESS AFFILIATE

GOLD LEVEL

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Five Star Bank www.fivestarbank.com

AllPaid, Inc dba GovPayNet www.govpaynet.com

Hanson Bridgett, LLP www.hansonbridgett.com

PARS www.pars.org

SmartWatt, Inc. www.smartwatt.com

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

Kutak Rock, LLP www.kutakrock.com

SoCalGas www.socalgas.com

California CAD Solutions, Inc. www.calcad.com

Laserfiche www.laserfiche.com

Streamline www.getstreamline.com

CPS HR Consulting www.cpshr.us

Nossaman, LLP www.nossaman.com

Tyler Technologies www.tylertech.com

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29

MANAGERS CORNER

Mary Kelly

Commander, US Navy (ret); CEO, Productive Leaders Mary is an economist and best-selling author specializing in business and leadership development to improve efficiency and profits. A graduate of the US Naval Academy, Mary spent 21 years on active duty, achieving the rank of Commander. She has trained over 40,000 military and civilian personnel in multi-cultural environments all over the world. She now builds successful strategies for corporate and association leaders. She has been quoted by the Wall Street Journal, Money Magazine, Entrepreneur, Men’s Health, and other periodicals. Fun and funny, Mary is a college professor, international speaker, and author of awardwinning leadership books. Mary’s workshops are content-rich, enjoyable, and tailored to meet the needs of each audience.

Leading During Times of Crisis True leaders realize that during times of crisis certain aspects of leadership need to shift. A crisis creates a sense of loss, fear, and scarcity. Leaders need to step up with more and better communication, more empathy, and more flexibility.

We also need more strategic leadership, focused action, and a calm plan with clear goals. As leaders, we need to help people take the correct action at the right time.

Fires, floods, natural disasters, and this most recent pandemic emphasize the necessity for people to analyze what we need to do in crisis situations.

During any difficult situation, whether caused by Mother Nature, a hostile business takeover, or a company reorganization, the need for strong leadership is critical. A lack of leadership during a crisis is glaringly evident.

MORE ABOUT THE KEYNOTE SESSION ON PAGE 6.

and understand how others approach the issue. Other people may be impacted in a way we had not anticipated.

Second, articulate possible courses of action and potential outcomes, so everyone understands what is at stake. Ask the “what if?” questions and get factual answers. Rumors, misinformation, and fear exaggerate the real problem and cause us to lose focus.

1. Get facts 2. Understand the worst-case scenario 3. Map out potential outcomes 4. Plot out several possible courses of action

How can we best lead through a crisis?

First, acknowledge the problem. Make sure that we, as the people in charge, understand the real issues and the true nature of the crisis. Once we are clear, we need to view the crisis from our peoples‘ perspective. Often times we are so worried about our own role that we neglect how others are viewing the issue. It is especially easy during a crisis to become myopic. As leaders, we need to have a broader view, 30

California Special Districts • Mar-Apr 2020

CSDA 2020 General Manager Leadership Summit Keynote Speaker

Third, calmly figure out the right course of action and develop strategy with your team. Solicit input from everyone. Map out what we need to do. Look at policies. To find the right course of action, ask: 1. Can we learn from past events?

2. Has anything like this happened before?

3. Have we dealt with this particular problem or situation in the past?

4. What worked well?

5. What do we not need to repeat?

6. Have you already planned for this situation?

7. Has someone else already worked through what needs to happen?

8. What do we need to do to make progress in the right direction?

Fourth, keep people informed. As a leader, we need to be the source for good information during the crisis.

Give people more information than they would normally need. People crave information during times of uncertainty, because our brains do not like uncertainty. Uncertainty creates fear. Provide information as soon as it is available, even if that information is incomplete. They want to know that you, their leader, know what is going on and that you have a plan to handle whatever happens. You have to support and protect your employees and that means giving them good information when you know it.

When 9-11 happened, I was in the Navy. My admiral at the time called all his commanding officers to meetings every day at 7:00 a.m. and 7:00 p.m. in the conference room, then dubbed the “war room.” He had his staff brief us, then we all briefed each other, and then he concluded with his thoughts. This allowed us to have solid situational awareness of what others were doing, what they needed so we could support them, and gave us information to take back to our people.

We need the means to get information quickly to everyone in your organization and the community.

Volume 15 • Issue 2

The military uses recall rosters, and online group chats. Some use a Twitter hashtag, Facebook notifications, or an email macro, but whatever we decide to use, it has to be a method that reaches our people. We can also hold briefings, whether in person or online, such as a Facebook Live, Zoom, or a video on Twitter. Have a way for people to ask questions and get reliable answers.

When communicating to our employees or to external audiences, be specific, stick to the facts, be honest, and be timely. Give your people the right message and do it right away. If you are not in control of your message, people will make assumptions. You do not want people making assumptions based on fear and anxiety.

Being timely and proactive enhances trust.

Sixth, make good decisions that are based on facts. Emotions often run high during a crisis. Don’t let the emotions of others get in the way of your good judgment. Few good decisions are made during high emotional levels.

Seventh, lead the charge. A crisis demands action from leadership. During

▪

times of high stress, many people retreat instead of advance. Fearful people will hunker down, hide, and wait things out.

They will not make any decisions for fear of being wrong. That is not leadership.

A crisis demands true leadership which involves more interaction, more reassurances, and decisive action. We can help our teams when we: 1. Give people tasks to keep them focused 2. Break up tasks so people get quick wins, which helps them bounce back, increases confidence, and builds resilience 3. Provide expectations and deadlines to keep people on track to succeed Leaders know that people need them the most during a crisis. Great leaders step up to mitigate fear, reduce uncertainty, and solve problems. When times are easy, anyone can lead. It is during tough times that we need strong leaders.

Thank you for being one of those leaders we need right now!

Mary Kelly, Commander, US Navy (ret), CEO, Productive Leaders, a firm dedicated to leadership development. Mary can be found at Mary@ProductiveLeaders.com.

GET MORE VALUE FROM YOUR AUDIT

“ How do our practices compare with other districts? ”

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We’ll show you what other districts do right. What to avoid. And what it takes to be among the best.

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TAKE ACTION

Special districts week 2020 and Email retention Legislation ACR 179: Special Districts Week 2020 Assembly Member Randy Voepel, Member of the Assembly Committee on Local Government, has introduced ACR 179 , proclaiming the week of May 17, 2020, to May 23, 2020, to be “Special Districts Week.”

ACR 179 encourages all Californians to be involved in their communities and be civically engaged with their local government.

This resolution highlights that: • Special districts are local governmental entities created by a community’s residents, funded by those residents, and overseen by those residents to provide specialized services and infrastructure.

• Communities and regions throughout California receive essential services from special districts, including water, sanitation and water recycling, fire protection, electricity, parks and recreation, healthcare, open space, ports and harbors, flood protection, mosquito abatement, cemeteries, resource conservation, airports, transit, road maintenance, veterans’ facilities, and more.

• A series of sunshine laws ensure special districts remain transparent and accountable to their community.

• Local leaders formed the California Special Districts Association over 50 years ago to provide districts with resources necessary to best serve their communities.

ACR 179 raises awareness and understanding about the special districts that provide millions of Californians with essential services and infrastructure.

Take Action Seasons of Advocacy: spring • Ensure your district has adopted a policy governing the process for adopting positions on legislation (download a sample policy at csda.net/take-action).

• Participate in CSDA Calls to Action and submit letters in support or opposition to significant bills affecting special districts.

• Watch for opportunities to share positive stories in the news and on social media.

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California Special Districts • Mar-Apr 2020

Costly Email Retention Legislation is Back The email retention legislation that was successfully stopped last year is back. Following the veto of AB 1184, Assembly Member Todd Gloria has reintroduced the same bill again this year as AB 2093. Just like last year, this bill mandates that public agencies keep all emails related to the public’s business for at least two years. Over 130 CSDA members have already submitted opposition letters to this costly California Public Records Act (CPRA) bill.

The practical effect of AB 2093 is that every public agency, including special districts, will need to keep all emails, sent and received, including out-of-office and spam emails for two years.

The bill states that this is to be done in furtherance of the CPRA in order to avoid Constitutional requirements for the State to reimburse public agencies for the additional costs associated with this new mandate. In his veto message of last year’s identical legislation, Governor Gavin Newsom stated: “I am returning Assembly Bill 1184 without my signature. This bill would require state and local public agencies to retain every public record transmitted by e-mail for at least two years. This bill

Volume 15 • Issue 2

Sign me up for Advocacy News at csda.net Login to your personal profile account at csda.net, go to CSDA Communities - All Communities and join the Advocacy News community to hear breaking stories from the capitol.

does not strike the appropriate balance between the benefits of greater transparency through the public’s access to public records, and the burdens of a dramatic increase in records-retention requirements, including associated personnel and data-management costs to taxpayer. Therefore, I am unable to sign this bill.”

CSDA strongly supports meaningful public transparency.

Unfortunately, AB 2093 is an unnecessary data retention bill that will also likely result in lengthened response times to CPRA requests. Help stop AB 2093 from becoming a law by submitting a letter of opposition from your district. Visit our Take Action page at csda.net/take-action.

33

MANAGING RISK

COVID-19 Workers Compensation and Brown Act Updates WORKERS COMPENSATION QUESTIONS We have received questions from our members regarding what happens if an employee feels that they have been exposed to COVID-19 or are feeling ill and request to be tested.

First and foremost, it should be noted that leave from work to undergo diagnostic testing does not create a TTD entitlement. TTD benefits have not been found owing where an applicant missed work to undergo diagnostic testing on a body part that was ultimately found non-compensable (Potts v. WCAB (1196) 61 CCC 1082 (writ denied)), and TTD benefits have not been found owing where an injured worker was asked to undergo a fitness-for-duty evaluation before the employer would return the applicant to work (Roberts v. WCAB (2000) 65 CCC 219 (writ denied)), though in that case the applicant had already been found permanent and stationary.

Similarly, being exposed to the disease or being placed in quarantine do not actually establish an “injury”, so there would likely be no obligation for the employer to provide a claim form in either case. The employer may have 34

other legal obligations to provide pay for lost wages, but it is unlikely the obligation would arise under workers’ compensation laws.

As to compensability in the event that someone does unfortunately contract the coronavirus, the question to ask in determining if a disease is occupational or nonoccupational, is whether the job makes the chances of contracting the disease “materially greater,” than the chances of contracting the disease as a member of the general population. It is well established that the common cold, the flu, bronchitis, or conjunctivitis are not generally considered compensable work injuries. The law treats such illnesses differently than other injuries as a matter of public policy due the high cost of avoidance and treatment of common ailments across the entire workforce and the difficulty of establishing a link between the illness and employment.

Even in the case where there is a materially greater chance of exposure due to the job, medical evidence must establish a causal connection between the employment and the disease.

The California Supreme Court has stated that the fact that “an employee contracts a disease while employed

or becomes disabled from the natural progression of a nonindustrial disease during employment will not establish a causal connection,” and goes on to state that an ailment “does not become an occupational disease simply because it is contracted on the employer’s premises” (LaTourette v. WCAB (1998) 63 CCC 253 and Johnson v. IAC (1958) 23 CCC 54). Causation in cases like these is difficult to establish. An applicant who worked at a hospital was not found to have a compensable injury when an independent medical examiner could not determine whether it was probable that applicant contracted viral encephalitis (a relatively rare disease) at a hospital as opposed to somewhere else (Vawter v.

WCAB (1980) 45 CCC 806 (writ denied)).

There are, of course, exceptions. The California Supreme Court has awarded compensation benefits to a traveling salesman who contracted San Joaquin Valley fever (caused by fungus unique to that region) because he had never and would likely never have been to the region in which the disease is common had it not been for his job (Pacific Employers Insurance Co. v. IAC (Ehrhardt) (1942) 7 CCC 71). A detective’s hepatitis B infection was found compensable even California Special Districts • Mar-Apr 2020

though specific exposure was never proven because his work exposed him to drug paraphernalia and possibly infected individuals at a rate notably higher than that of the general population (City of Fresno v. WCAB (Bradley) (1992) 57 CCC 375 (writ denied)). Contrasting that case, however, a claim for hepatitis filed by a delivery driver who contracted it while eating doughnuts at one of his stops was not found compensable because the applicant was not subject to exposure any different than the general public (McKeon v. WCAB (1988) 54 CCC 332 (writ denied)).

Guidance is provided to employers as to when an employer is required to provide a claim form and report an injury to OSHA in 8 CCR 14300.5. The regulation states that an injury or illness must be considered workrelated if an event or exposure

in the work environment caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. At 8 CCR 14300.5(b)(2)(H) the regulation excludes the “common cold or flu,” though also states that “contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work.”

On the balance then, with current medical information suggesting that the coronavirus is a risk to the general population and not to workers in specific fields, and is in many ways analogous to the common cold or flu, employers in general are not required to provide workers who contract the disease a claim form or provide workers’ compensation benefits, unless the facts suggest the injured worker was at a materially greater risk of contracting the disease than the general public and medical evidence supports a link between employment and the disease.

Given that the best available scientific evidence suggests that the mortality rate and communicability of the coronavirus may be higher than that of the regular flu, it is very possible that these issues will become litigated, but if every case were to be deemed

compensable for all public health workers and first responders, it would have a devastating financial impact on the workers’ compensation system. ©Mullen & Filippi, LLP, 2020 If an employee states that they are not feeling well and request testing or time off, contact COMPANY NURSE at 1-877-518-6711 to report the incident.

BROWN ACT UPDATE California Governor Gavin Newsom issued an emergency Executive Order to further the State’s efforts to control the spread of the COVID-19 coronavirus and reduce and minimize the risk of infection.

The Executive Order follows Newsom’s declaration of a statewide emergency. In addition to other measures, the Executive Order enables local government agencies to hold meetings telephonically or electronically and calls continued on page 36

SDRMA Board and Staff Officers

Staff

Mike Scheafer, president Costa Mesa Sanitary District

Laura S. Gill, ICMA-CM, ARM-P, CSDM, Chief Executive Officer C. Paul Frydendal, CPA, Chief Operating Officer Dennis Timoney, ARM, Chief Risk Officer Ellen Doughty, ARM, Chief Member Services Officer Alana Little, Health Benefits Manager Debbie Yokota, AIC, Claims Manager Jennifer Chilton, CPA, Acting Finance Manager Wendy Tucker, Member Services Manager Alexandra Santos, Health Benefits Specialist II Ashley Flores, Management Analyst/Board Clerk Danny Pena, Senior Claims Examiner Heidi Singer, Claims Examiner II Heidi Utman, Accountant Jack Buchanan, Accounting Technician Phillip Bottoms, Member Services Specialist II Teresa Guillen, Member Services Specialist I

Sandy seifert-Raffelson, vice president, Herlong Public Utility District Robert Swan, SECRETARY, Groveland Community Services District

Members of the Board David Aranda, CSDM, Stallion Springs Community Services District Jean Bracy, CSDM, Mojave Desert Air Quality Management District Jesse Claypool, Honey Lake Valley Resource Conservation District Tim Unruh, CSDM, Kern County Cemetery District No. 1

Consultants David Becker, CPA, James Marta & Company, LLP Lauren Brant, Public Financial Management Derek Burkhalter, Bickmore Actuarial Charice Huntley, River City Bank Frank Ono, ifish Group, Inc. Ann Siprelle, Best Best & Krieger, LLP Karl Snearer, Apex Insurance Agency Doug Wozniak, Alliant Insurance Services, Inc.

Volume 15 • Issue 2

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

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Advising

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Expert counsel, informed perspective and sixty years of municipal law experience: that’s what we offer every public agency client. Thank you for placing your trust in us and we look forward to serving you for decades to come.

We are a proud sponsor of CSDA | www.kmtg.com

for the cancellation of all large or crowded public gatherings. Specifically, the Order directs “all residents” to “heed any orders and guidance of state and local public health officials, including but not limited to the imposition of social distancing measures.” The California Department of Public Health announced that, for the remainder of March, the following shall be postponed or canceled: large gatherings of 250 people or more, smaller gatherings if the venue does not allow social distancing of 6 feet or more and any gatherings of individuals who are at a higher risk of severe illness. Newsom’s Order acknowledges that the cancellation of such gatherings is not the fault or responsibility of the parties involved.

The Ralph M. Brown Act, California’s sunshine law, generally requires that all meetings of local governing bodies be open and public. While the Brown Act allows for teleconference meetings, the meeting agenda must generally identify each teleconference location and each location must be available to the public. Under his emergency powers to suspend state law, Newsom ordered that local governing bodies may hold public meetings telephonically or electronically.

The local government agency must still provide one physical publicly accessible location where the public may observe the meeting and make public comments, but the members of the governing body and city staff do not have to be physically present at the public location, or even be in the jurisdiction. Additionally, the local government agency does not have to identify the teleconference locations of the participating board or council members, does not have to make such locations accessible to the public, and does not have to post agendas at teleconference locations.

The other provisions of the Brown Act remain in effect, particularly the rule that agendas must be posted in advance of the meetings.

The timeframe for posting remains the same (i.e., 72 hours for regular meetings, 24 hours for special meetings). This limited suspension of the Brown Act will remain in effect “during the period in which state or local public officials impose or recommend measures to promote social distancing, including but not limited to limitations on public events.”

For additional information, please contact SDRMA Chief Risk Officer Dennis Timoney at dtimoney@sdrma.org.

36

California Special Districts • Mar-Apr 2020

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!

Volume 15 • Issue 2

MAKE THE

DistrictsMaketheDifference.org DistrictsMaketheDifference.org

37

MONEY MATTERS

Utilizing a Section 115 Trust to Pre-fund Pension Benefits

By Mike Staudenmayer, General Manager, Northstar Community Services District

The Northstar Community Services District Board of Directors recently adopted a comprehensive Pension Cost Management Policy to better manage CalPERS retirement plan costs and fundamentally bolster the security of its current and future retiree pensions. The policy included targeting an Unfunded Accrued Liability (UAL) funded ratio of 90% for each of its plans in an effort to minimize impacts from economic downturns while not being overfunded during more favorable economic times. In order to provide dedicated funds to help manage this policy goal, the district made the decision to transfer a portion of unrestricted cash reserves into a Section 115 Trust. Given that these trusts are not subject to the same investment restrictions as our normal governmental funds, there is the potential for better returns than these funds would otherwise generate. In addition, the funds that go into a Section 115 Trust may only be used for pension cost obligations which protects them from other potential uses in the future.

38

The district decided to engage with the CalPERS California Employers’ Pension Prefunding Trust (CEPPT) as they had the most competitive fees and utilize a completely separate investment arm from their pension fund. The CEPPT Trust offers two investment strategies: Strategy 1 with a 10-Year expected rate of return of 5.0% or Strategy 2 with a 10-Year expected rate of return of 4.0%.

The Northstar Community Services District Board of Directors opted for Strategy 1 to maximize fund growth over the long horizon.

In addition, the adopted Pension Cost Management Policy states that until annual interest generated from the trust is sufficient to fully cover yearly pension costs while maintaining a 90% UAL funded ratio, trust proceeds will only be used if operating funds are not available to pay either the Normal cost or UAL. Operating funds will also be used to pay down the UAL to maintain the targeted 90% Funded Ratio if necessary.

To determine the amounts that would be used to fund the 115 Trust, the district considered the following: • Trust monies may only be spent on CalPERS pension costs. Therefore, the approach must be conservative to avoid a scenario where the district has overfunded the Trust.

• A mix of internal borrowing and the reasonable use of cash reserves must take into consideration the overall goals of the district as well as the Pension Cost Management Policy.

• To put overall targeted trust balances into perspective, we determined the required balance to fully cover the Employer Normal Cost while assuming 100% Funded Ratio and anticipating a 5% trust return. We also calculated the approximate number of years to reach this balance California Special Districts • Mar-Apr 2020

with various initial seeding amounts to the trust. After performing this exercise, it became clear that it would take decades to reach that funding level and, therefore, the risk of initially overfunding the trust was minimal.

• The Public Employee’s Pension Reform Act of 2013 (PEPRA) will greatly reduce pension costs over time because of the retirement and attrition of Classic CalPERS members.

Therefore, more conservative, lower, initial seeding makes sense.

Given all the complexities, variables, and assumptions involved pension actuarial reports combined with agency accounting, investments, and reserve management policy, this effort took some time. However, working with CalPERS actuarial and CEPPT staff to set up and navigate the process could not have been easier.

In the end, agency staff appreciates the value this action brings to the security of their retirement and the Northstar Community Services District Board of Directors appreciates the proactive pension cost management this arrangement helps deliver.

CSDAFC Board and Staff Officers Jo MacKenzie, President, Vista Irrigation District Vince Ferrante, vice president, Moss Landing Harbor District Glenn Lazof, TREASURER, Regional Government Services Authority Matthew McCue, secretary, Mission Springs Water District

Members of the Board George Emerson, Goleta Sanitary District Paul Hughes, CSDM, South Tahoe Public Utilities District Arlene Schafer, Costa Mesa Sanitary District

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

Staff Neil McCormick, Chief Executive Officer amber phelen, Executive Assistant Rick Wood, Finance & Administrative Director

CSDA Finance Corporation 1112 I Street, Suite 200, Sacramento, CA 95814 tel: 877.924.2732 • www.csdafinance.net

Short-Term Financing Opportunity to Assist Districts with Potential COVID-19 Related Revenue Losses Tax and Revenue Anticipation Notes (TRAN)s Interest Survey In the wake of COVID-19, the CSDA Finance Corporation is pursuing the ability to provide assistance and some short-term financial relief to special districts that are expecting or experiencing revenue losses. The financing tool to be used is through the development of a pooled Tax and Revenue Anticipation Note (TRANs) program.

A few highlights about the proposed program: • TRANS are a proven short-term financing instrument used by numerous public agencies to bridge gaps between when expenses occur and when revenues are available.

• TRANs are issued in anticipation of tax receipts or other sources of future unrestricted revenues.

• Proceeds of a TRAN can be used for any lawful purpose of a special district, including current expenses, capital expenditures, and the repayment of outstanding indebtedness.

• TRANs may be a viable financial tool to special districts that rely heavily on property tax revenues and/ or benefit assessments.

• Expected timing would be around the start of the July 1, 2020 fiscal year, with repayment within a year.

• By pooling the TRANs with multiple districts, the CSDA Finance Corporation and our consultants could structure the program to be cost effective, quick, and simple for special districts to access.

If your district is interested, take the survey here: csdaforms.wufoo.com/forms/z1eqqo7p1pu3184/ and someone from the CSDA Finance Corporation will follow-up with you.

Response to this survey is not a commitment to use the program.

Feedback received will be used to assist in the decision-making and program development process.

CSDA F C

Volume 15 • Issue 2

39

WHAT'S SO SPECIAL

Vanessa Smith, special projects and programs manager for the Desert Healthcare District and Foundation, and Chef Mike Trost discuss their next dish during an episode of the video series, “Cooking with the District.”

cooking with the district:

desert healthcare District

By Will Dean, Director of Communications and Marketing, Desert Healthcare District and Foundation

Desert Healthcare District, in partnership with their community, created the video series “Cooking with the District.” This project brings awareness to the important and necessary work of Coachella Valley food pantries.

California Special Districts asked Desert Healthcare District to explain how this program came about and the importance of this effort.

40

Tell us about Desert Healthcare District & Foundation?

The Desert Healthcare District is a local government agency formed in 1948. Its mission is to achieve optimal health at all stages of life for all district residents. The district includes more than 400,000 residents and encompasses the entire Coachella Valley in Riverside County, California. The district and Desert Healthcare Foundation, together, are one of the largest funders in the valley.

These funds are used to assist residents — especially the underserved — in accessing vitally needed resources, such as primary and behavioral healthcare, housing, food, and transportation resources.

California Special Districts • Mar-Apr 2020

desert healthcare District District size: 303 mi2 Population: 400,000+

Location: RIVERSIDE County Website: www.dhcd.org

How did this project come about?

As special projects and programs manager for the Desert Healthcare District and Foundation, Vanessa Smith’s responsibilities include engaging with and helping to advance the work of local food pantries. Having spent a couple of years educating elementary school-age students about the importance of nutrition, Vanessa knew that a creative approach to the food pantries could have a positive impact on the entire community.

During a brainstorming session about using social media and particularly video to spotlight the pantries, Vanessa and I discovered that we’re both fans of cooking shows. The idea for “Cooking with the District” was born out of a litany of “what-ifs” between us. What if we share with residents great recipes they can make at home using food pantry items?

What if we get a local chef to create and demonstrate the recipes on video?

What if we tape a segment at the actual pantry and interview pantry staff about the services they provide?

Tell us more about “Cooking with the District”?

Spotlighting the important and necessary work of Coachella Valley food pantries is the intent of “Cooking with the District.” As director of communications and marketing for the Desert Healthcare District and Foundation, I immediately saw it as a fun and informative way to raise awareness about the district and foundation and the types of community partners we work with – among viewers who may not be at all affiliated with our grantees and partners; they Volume 15 • Issue 2

Budget: $8 Million annually

simply like discovering new recipes, cooking or watching other people cook.

An unexpected and wonderful byproduct of the project has been learning of the community interest in and support of food pantries. The featured chef on “Cooking with the District” is the former private chef of the Ambassador to Belgium. He enthusiastically volunteered his time and talent to the district’s project upon learning that we were raising awareness about food pantries, their important work and their need. For both the chef and videographer, who also volunteered his contribution to the show, it’s a viable and more personal way to “give back to the community.”

What is the focus of this project and what is the district’s involvement with it?

The focus of “Cooking with the District” is really the various food pantries serving thousands of residents each month across the district. From selecting the pantry and coordinating the components to posting the videos on various platforms, the district’s role encompasses producing and promoting the show.

What has been the community response?

People generally love the creative concept of the show and its charitable focus. All feedback, including social media comments on the featured videos, has been positive so far, and food pantries have reached out to us with a request to be featured.

What is most rewarding about this project?

The most rewarding part of the project is renewing community support for our nonprofit partners — food pantries in this case.

FEATURED CHEF The featured chef on “Cooking with the District” is the former private chef of the Ambassador to Belgium. He enthusiastically volunteered his time and talent to the district’s project upon learning that we were raising awareness about food pantries, their important work and their need. For both the chef and videographer, who also volunteered his contribution to the show, it’s a viable and more personal way to “give back to the community.”

How can other districts embark on similar efforts?

I hope this project demonstrates to other districts the value of thinking outside of the box. Video is the hottest and fastest growing communications tool today. Use it to show the community what you’re doing in service to them. It doesn’t have to be about food or cooking, but it should strive to be educational or entertaining or a combination of the two. Community buy-in is likely if the project serves a greater good.

See the latest episode on dhcd.org or YouTube at www.youtube.com/ watch?v=8r_vpP-x25s&t=4s

41

“How do our practices compare with other special districts?”

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California Special Districts • Mar-Apr 2020

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For over 30 years, SDRMA has been helping California public agencies manage risk and navigate liability with confidence. In fact, our experienced consultants and technical experts work exclusively with public agencies. All your coverage and risk management needs are met by a single resource that functions as an extension of your team. We vigilantly monitor the conditions ahead so you can focus on what you do best.

Learn more about our Workers’ Compensation, Property/Liability and Health Benefits Programs at www.sdrma.org or 800.537.7790.

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