2020 CA Special District Nov-Dec

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 15 , I s s u e 6 • N ov e mb e r- De ce mb e r 2 0 2 0

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

CSDA 2020 AWARD WINNER

SOLUTIONS AND INNOVATIONS • PAGE 22

SAN BERNARDINO BASIN GROUNDWATER COUNCIL: ACHIEVING RECORD RECHARGE THROUGH COLLABORATION CSDA 2020 AWARD WINNER

Community Connections:

COVID-19 Response to the Community PAGE 14

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California Special Districts • Nov-Dec 2020

SPECIAL DISTRICT LEADERSHIP FOUNDATION

District Transparency Certificate of Excellence 2021 TRANSPARENCY CHALLENGE

IS YOUR DISTRICT UP FOR THE CHALLENGE? It is now more important than ever for local governments (including special districts), to be open and accessible to the public. The Special District Leadership Foundation’s Transparency Challenge will showcase the many steps your district takes to show it is available and transparent to the constituents and customers you serve.

Taking the challenge is simple: Complete the required steps on the SDLF Transparency Checklist and your district is on the way to receiving SDLF’s Transparency Certificate of Excellence and getting recognized for your efforts!

START THE CHALLENGE TODAY!

Download the Transparency Checklist: www.sdlf.org/transparency Volume 15 • Issue 6

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TABLE OF CONTENTS

Solutions and Innovations:

San Bernardino Basin Groundwater Council: Achieving Record Recharge through Collaboration

22

Feature

Covid-19 Uniquely Challenging for Parks & Rec Districts Filling School Closure Gaps

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Community Connections:

COVID-19 Response to the Community

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05 CEO’s Message 06 07

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18 19

20 Interview: CSDA News

How the Listos California Emergency Preparedness New Member Benefits Campaign Gave California and CSDA’s Response

a Head Start in Response to COVID-19

to Covid-19 Ask the Experts: 26 Legal Brief: Goal Setting Constitutional for Traction

Clarifications Support

District Discretion on Movers and Shakers Ratemaking You Ask, We Answer: 28 Managers Corner: Conflict of Interest

Solar Disarray

For editorial inquiries, contact CSDA Communications Specialist Kristin Withrow, at 877.924.2732 or kristinw@csda.net.

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30

Take Action: Voters Voice Support for Special District Priorities in New Statewide Poll

32

Managing Risk: New Requirements: COVID-19 Reporting Under AB 685

36 Districts Make the Difference:

Top 5 Social Media

Posts of 2020 38 Money Matters:

Another Tool in the

Toolbox for Revenue Recovery 40 What’s So Special:

New Bay Trail

Connects Communities

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

California Special Districts • Nov-Dec 2020

CEO'S MESSAGE

New Year, New CSDA Member Benefits!

Many of us are more than ready to welcome in 2021 and rightfully so after the challenges we have all faced around the global COVID-19 pandemic. We know those challenges will continue Neil McCormick for some time into the new CSDA Chief Executive Officer year, however, at CSDA we are also continuing work to expand the resources and benefits available to our members.

While the pandemic has drastically changed how we operate and interact with our members, we remain highly focused on being the resource for all special districts throughout California. I am extremely excited to announce two new CSDA member benefits being launched January 1, 2021:

Starting in 2021, all in-person and on-demand webinars will be free for everyone at CSDA member agencies. Yes, all staff and board members will have access to 100+ webinars annually at no cost!

FREE, Unlimited Webinars for All

In previous years, members have enjoyed preferred pricing on all webinars. Starting in 2021, all in-person and on-demand webinars will be free for everyone at CSDA member agencies. Yes, all staff and board members will have access to 100+ webinars annually at no cost! CSDA’s Professional Development line-up for 2021 is being launched now, so check the website at www.csda.net to start accessing this new benefit!

FREE Salary Survey Data

CSDA is changing this valuable resource from a paid, annual subscription with discounted pricing for members to a free service included with your agency’s membership. The online CSDA Administrative Salary & Benefits Survey provides important reports and data from all types and sizes of districts. The data is continuously updated and can be segmented by position, type of district, operating budget, geographical area, and other classifications. Just participate in the survey and your district will have free access to data from hundreds of districts throughout the state! continued on page 6

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 JENN JACOBS, Member Services Representative ELEANOR BOLING, Member Services Representative EMILY CHA, Member Services Specialist MARCUS DETWILER, Legislative Analyst DILLON GIBBONS, Senior Legislative Representative 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 RACHAEL POPPINO, Professional Development 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 KRISTIN WITHROW, Communications Specialist

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 VINCENT FERRANTE, PAST PRESIDENT, Moss Landing Harbor 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 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 KIMBERLEE SENEY, Gold Mountain Community Services 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 6

A proud California Special Districts Alliance partner

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CSDA NEWS

2021 Certified Special District Manager (CSDM) Study Group Now Forming

2021 CSDA Executive Committee Officers PRESIDENT Ryan Clausnitzer, CSDM Alameda County Mosquito Abatement District VICE-PRESIDENT Elaine Magner Pleasant Valley Recreation and Park District SECRETARY Arlene Schafer Costa Mesa Sanitary District TREASURER Jerry Gilmore Truckee Sanitary District

SPECIAL DISTRICT LEADERSHIP FOUNDATION

CSDM STUDY GUIDE CERTIFIED SPECIAL DISTRICT MANAGER EXAMINATION

1112 I Street, Suite 200, Sacramento, CA 95814

•

t: 916.231.2909

•

info@sdlf.org • www.sdlf.org

Special District Leadership Foundation

“Participating in the CSDM Study Group was critical to preparing me for the exam. The study materials were on target, the group discussions were relevant to the monthly topic, and the pace of the course was doable.”

– MIKE DAVIES, CSDM, GENERAL MANAGER TOWN OF DISCOVERY BAY COMMUNITY SERVICES DISTRICT

Visit csda.net for details and to register online. Space is limited!

PAST PRESIDENT Joel Bauer, CSDM West Side Cemetery District

The 2021 Catalog is Here!

LEARN for free!

LET’S LEARN 2021

2020

*ON-DEMAND WEBINARS AND WEBINARS ARE FREE TO CSDA MEMBERS

*

2021 CSDA Finance Corporation Officers SDRMA Members Take Advantage of CIPs

PRESIDENT Jo MacKenzie Vista Irrigation VICE-PRESIDENT Vincent Ferrante Moss Landing Harbor District SECRETARY Matthew McCue Mission Springs Water District TREASURER Glenn Lazof Regional Government Services Authority

Are you interested in obtaining your CSDM Certification in 2021? Don’t miss your chance to participate in the next CSDM Study Group. The first meeting of 2021 takes place on January 20.

Here’s what a previous attendee had to say about his experience:

SDRMA Members Earn Credit Incentive Points (CIPs) - Here’s How: Special District Risk Management Authority (SDRMA) is committed to establishing a strategic partnership with our members to provide maximum protection, help control losses and positively impact the overall cost of property/liability and workers’ compensation coverage through the Credit Incentive Program. Credit incentive points can be earned based on an agency’s attendance at events noted by “Earn SDRMA Credit Incentive Points.”

FREE WEBINARS PAGE 3

Look for opportunities to earn SDRMA Credit Incentive Points.

Watch your mail for the 2021 CSDA Professional Development Catalog. Due to the evolving conditions around COVID-19, this year’s catalog focuses on the first six months of the year and includes 19 live webinars, 24 workshops or virtual workshops, 7 conferences and a wide array of on-demand webinar titles. Visit csda.net to register for webinars!

New webinars include: • Avoiding Common Mishaps During the Interactive and Reasonable Accommodation Process • Save the Drama – Managing Challenging Employee Situations • Lessons Learned From 2020 and How They Will Impact Litigation • Do’s & Don’ts: Initiative Campaigns • Is Your District Recession Ready?

• Legislative, Legal and Local Responses to PFAS: Update 2021 New virtual workshops include: • Crisis Communication • Emergency Preparedness Summit • CVRA: A Deep Dive into the California Voting Rights Act

CEO’s Message continued FREE Access for All

CSDA benefits, services, resources, and information are available to ALL member agency staff and board members. Get them engaged and signed up to receive critical information from CSDA. Be sure to contact our Member Services Department (membership@ csda.net) to add individuals and/or update your agency’s roster.

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Making sure you receive maximum value for your membership investment in CSDA is at the core of what we do every day. I hope that all members take advantage of these new benefits and opportunities. Watch your eNews and other CSDA communications in 2021…there’s more to come!

Maximize Your Membership!

California Special Districts • Nov-Dec 2020

COMING SOON

California Special Districts Association Districts Stronger Together

new member benefits FREE WEBINARS

SURVEY

ALL WEBINARS FREE FOR CSDA MEMBERS – UNLIMITED! Once your membership renewal has been received, beginning in January 2021 you, your agency board members, and staff can start accessing FREE, live, and on-demand webinars all year long!

VALUE=$99 PER WEBINAR/PER PERSON.

FREE ACCESS

FREE SALARY SALARY SURVEY FREE FOR CSDA MEMBERS! The CSDA Administrative Salary & Benefits Survey and access to all online results is moving from a paid subscription service to FREE for all CSDA Members. Just participate in the survey and your district will have access to data from hundreds of districts!

VALUE=$475 ANNUALLY RESULTS FOR FISCAL YEAR 2019/2020 WILL BE AVAILABLE IN EARLY 2021.

FOR ALL

CSDA BENEFITS ARE AVAILABLE TO ALL DISTRICT STAFF AND BOARD MEMBERS! Get your staff and board members engaged and signed up to receive critical information from CSDA. All CSDA member benefits are available to your entire district’s staff and board members.

CONTACT CSDA AT MEMBERSHIP@CSDA.NET TO ADD INDIVIDUALS AND/OR UPDATE YOUR DISTRICT’S ROSTER.

CSDA’S 2020 RESPONSE TO COVID-19 QUICK RESPONSE TO THE PANDEMIC • Activated & led the National Special Districts Coalition (NSDC) • H.R. 7073 & S.4308 - Coordinated the introduction of 2 special district specific federal bills to provide districts with relief funding • Worked to develop & propose a first-ever federal definition for special districts • Developed numerous materials to assist members in navigating local, state, and federal directives • Regular communications to keep CSDA Members informed

Activated & led the National Special Districts Coalition (NSDC) efforts that would secure relief funding for special districts.

13 webinars added specific to COVID response

COVID-19 Online Community developed to provide real-time information to members

Outreach & briefings to 53+ CA congressional offices

330+ Take Action letters sent on federal legislation.

78+ coalition partners nationwide in support of efforts

COVID RESOURCE PAGE DEVELOPED ON CSDA.NET • Guidance • Timely information • Input and surveys • Take Action requests

California Special Districts Association is the voice for all special districts, providing members with the resources necessary to best serve their communities.

Volume 15 • Issue 6

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ASK THE EXPERTS

Goal Setting for Traction Mistakes to Avoid in Local Government Priority Setting and Five Solutions

By Rod Gould,Chair, Institute for Local Government Examples: • Eliminate homelessness in Anytown • Provide housing for all who need it • Fully prepare for any emergency • Curb emissions by 50% • Reduce single occupant vehicles on the road by 30% next year It’s good to aim high at the outset of a goal-setting effort, but be ready to include a reality check about what can likely be achieved, and scale back the goals accordingly.

Every local agency faces the essential dilemma of too many public needs chasing too few resources. This is particularly true in the wake of the economic fallout from the COVID-19 pandemic. Annual goal or priority setting has long been considered a best practice in local government as a way to make decisions about which community priorities warrant an agency’s limited resources.

However, too often these efforts fail to deliver the anticipated results.

Priorities can be quickly forgotten, goals not achieved, and finger pointing and blaming can begin. When that happens, elected leader-staff relations suffer, and the priority (or goal-setting) process itself becomes suspect. The local government’s public trust and legitimacy can be weakened.

Goal setting often fails for one or more of these reasons: » Unrealistic goals » Too many goals » Lack of agreement on the process » Lack of alignment with work plans » Weak accountability for implementing the goals once set These common pitfalls can be avoided by exercising discipline and focus.

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1. Be Realistic

Too often local elected bodies set goals or priorities that are wildly outsized given the available budgetary and staff resources. The elected leaders assume they are directing the activities of the entire employee count and general fund budget, ignoring the reality that the vast majority of both are consumed with day-to-day services and projects.

Typically, 90% or more of staff time positions and funding are committed to core services and activities. Another small portion of organizational capacity is consumed by emergencies, new mandates and emerging community needs that can’t wait. Thus, only a small remainder of staff time and public dollars can be applied to new goals and priorities each year. That is, of course, unless elected leaders are prepared to reduce basic services, which is not realistic given how slim most local governments are operating already.

Goals and priorities are often so ambitious they would be impossible to achieve even if the entire budget and staff complement were devoted to them.

2. Focus On A Few Important Priorities (Three To Five)

Even if the goals and priorities were attainable, having too many also risks failure. To be successful in reporting measurable attainment to the community, elected leaders should focus on just a few top goals for the year. What are their true priorities for the resources not consumed by daily services? This means prioritizing, compromising, delaying or dropping some goals.

Moreover, the priorities must be explicit and attainable. Otherwise the governing body’s priorities can become a laundry list of campaign pledges and personal agendas. Staff simply cannot make progress on them all. This is demoralizing for staff, frustrates elected leaders and disappoints community members.

3. Create A Process For Narrowing The List

The process of winnowing down lists of goals or priorities to a handful must be carefully thought-out to avoid it ending in frustration. The Delphi Technique in the form of dot voting is a favorite method to reveal which items enjoy the most California Special Districts • Nov-Dec 2020

governing body support. The rules of engagement need to be stated up front so all know what to expect. For instance, no multiple dots by a single elected official on one goal item, and a majority of the governing body needs to show dots on any given item for it to end up as a “priority” for the year.

Sometimes it is useful to have “tier 1” and “tier 2” goals, with the tier 1 being the 3-5 top items for staff and elected official focus for the year, and tier 2 being another 3-5 to pursue as resources permit.

Meaningful goal or priority setting necessitates discipline. It is all too common that the elected body adds new priorities or goals throughout the year to the approved list. If that happens, then the priorities set at the outset can easily be pushed aside, causing failures and frustrations.

Yet local governments are dynamic institutions and things happen during the year that may justify reshuffling the annual goals or priorities. The elected body must understand and mutually agree to add to the existing priority list if previously approved items are delayed or dropped to free up the staff capacity and resources for the new item(s). If something is added to the top of the pile, something must come off the bottom.

When that doesn’t happen, it falls to the chief executive to make the call about what his or her staff will spend time on – essentially doing the prioritization him or herself. Intentional and transparent policy-making by elected leaders, with advice from professional staff, is the hallmark of high-functioning public agencies.

4. Align Policy Makers’ Goals Or Priorities With Administrative And Operational Work Plans

Effective public organizations use work plans to direct the work of the operating and support departments. After the elected body agrees upon a handful of general goals or priorities for the year, the staff should return to the elected body within a month with concrete actions to implement those goals or priorities. This constitutes the staffs’ work plan to operationalize the priorities, and it encourages accountability for implementing the priorities.

It is also how the staff and governing body can ensure they are on the same page with expectations, as well as with budgetary and other resources needed to achieve the priorities. Staff should explain what these discrete actions entail and answer the elected leaders’ questions.

Volume 15 • Issue 6

This may well involve discussion, negotiation and adjustments of the work plan items until the elected body and management are in alignment – which is critical for success. It is a chance for the elected leaders and senior staff to work as a team in their respective roles and areas of expertise: policy-making consistent with public needs married to effective and efficient implementation and administration.

The work plans then become the road maps that guide the departments beyond the rendering of day-to-day public services. Example: GOAL

WORKPLAN

ACTION STEPS AND TIMELINE

Reduce single occupant vehicles in town

(1) Open HOV Lane on Cumberland Road

• Obtain budget augmentation for engineering by date • Carry out design by date • Prepare public information by date • Implement by date

(2) Charge for parking in municipal lot except for carpools

• Ordinance to Council by date • Implementation by date

(3) Add protected bike lanes to Main and Central Avenues

• Design by date • Public information by date • Implementation by date

4) 10 minutes headways on major transit routes of city bus system

• Determine major transit routes by date • Conduct cost analysis and implementation factors by date • Report to council by date • Establish implementation date of agreed upon routes, with budget augmentation by date • Create public information by date

5. Results Require Accountability

The fifth most common failure of local government goal or priority setting is failure to follow-up, make course corrections and ensure accountability.

Priorities must be incorporated into the budget and the work plans of the departments and city manager, county administrator or general manager.

Elected leaders should receive quarterly reports at regularly scheduled public meetings on progress made and difficulties faced in meeting the goals or priorities. This includes the opportunity for discussion and allows elected leaders to give direction for adjustments and recalibration as needed.

The chief executive should be collaborating with the department directors between reports to keep things on track and adapt to changing circumstances, while keeping the council or board apprised of significant deviations. At year’s end, the staff should prepare and present a report on goal or priority attainment for public discussion at a governing body meeting. Goal attainment ought to figure prominently in the chief executive’s performance evaluation as well.

If the agency’s management system includes the above steps, staff will be accountable and the council/board will fulfill its proper role of overseeing public agency progress toward agreed-upon goals/priorities. The process is then repeated and becomes the way things are done. The local government gets traction and earns trust and credibility. continued on page 10

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Your Priority/Goal Setting Checklist

BE REALISTIC • Keep it all real and focused. Good things will be achieved.

• Explicitly recognize how much of the budget and staff capacity is already spoken for in the provision of daily public services before priority/goal setting commences.

FOCUS ON A FEW IMPORTANT PRIORITIES • Limit the goals/priorities to three to five per year for sufficient focus and accountability.

• Set 30,000-foot goals that are general in nature, but then tie them to objective, verifiable work plan actions.

CREATE A PROCESS FOR NARROWING THE LIST • Engage the public early in the process through outreach to commissions, standing committees, focus groups and on-line surveys.

• Exercise the discipline to add goals/priorities only as needed during the year while removing or delaying existing approved items to free up capacity if new goals/priorities are added.

ALIGN GOALS OR PRIORITIES WITH WORK PLANS • Create work plans that clearly show how the goals or priorities will be carried out, with timelines included.

• Discuss the work plans with the governing body to ensure the elected officials and management are operating with the same set of assumptions.

• Provide an opportunity for the governing body to make changes based on new information, and/or to include resources in the budget so the priorities can be achieved.

RESULTS REQUIRE ACCOUNTABILITY • Report quarterly on progress and challenges in public meetings. Take stock annually and reset goals or priorities accordingly.

• Reflect the priorities in the budget, departmental work plans and evaluation of the executive.

Conclusion

Audit your goal- or prioritysetting process with these practices in mind for greater effectiveness and service to your community or constituents.

Getting things done requires focus, realistic expectations, regular communication and methods to stay on track. Elected officials, staff and the public all gain as a result.

Rod Gould is Chair of the Institute for Local Government and Senior Partner of Management Partners. Jan Perkins is Vice President of Management Partners.

Both Rod and Jan managed California cities and held leadership roles in their professional organizations for decades.

Representing California public agencies for over sixty years.

Greg Stepanicich Jim Markman Roxanne Diaz Ginetta Giovinco Craig Steele Dave Fleishman

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Construction

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888.479.4529

California Special Districts • Nov-Dec 2020

Your Community. Your Services. Your District!

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. The 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 6

MAKE THE

DistrictsMaketheDifference.org DistrictsMaketheDifference.org

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FEATURE

Covid-19 Uniquely Challenging for Parks & Rec Districts Filling School Closure Gaps Jim Wheeler, Ann Willmann and Kevin Kalman are all General Managers at Recreation and Park Districts in different geographic regions of the state, but they’ve recently faced the same difficult challenge. And they aren’t alone. The big question they, and others like them, have grappled with since school campuses were forced to close is: How can Park and Recreation Districts offer programs that help families during distance learning hours under the normal district licensing guidelines? The answer: It’s complicated.

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California Special Districts • Nov-Dec 2020

Recreation and park districts all over the State of California operate under licensing rules designed to ensure the district programs do not conflict with, interfere with, or compete with school districts. To achieve this, park district guidelines allow operation of “school time” programs limited to a total of 14 weeks of the year, with a 20 hour per week maximum.

This limitation of 14 weeks results in program offerings during Summer, Spring and Winter school holidays. It is a harmonious approach for family and child support during “normal” times.

Anthony Tannehill, one of CSDA’s Legislative Representatives, responded to the situation by pulling together a coalition of government agencies and advocacy groups to work through the challenge and give guidance to the districts. Recognizing that this is just one area of our lives that is decidedly “not normal” during Covid-19, the Department of Social Services has been working with park districts and school districts to address the licensing guidelines to provide a path forward that works for the communities while still ensuring the highest standards for public health are being met.

When schools closed during the pandemic, the normal guidelines posed difficulties to districts responding to the dire need for school time help in their communities. While the pandemic is being brought under control and until schools can safely reopen, the State of California, Department of Health and Human Services and Department of Social Services all recognize the need for intermediate allowances to get these helpful programs into operation. In order to be granted more programmatic time, the solution was for districts to complete a process for a Child Attestation Waiver monitored by the Department of Social Services. There can be more than 20 steps involved, depending on the individual needs of the program and the starting point of the district.

There are many recreation and park districts in California that need to offer programs in response to the Covid-19 pandemic forcing the closure of school campuses. The families they serve need their children to have a safe place to be while the parents are at work, and the kids need help with their distance learning. These programs must be affordable and available so parents can get back to work knowing their kids are cared for and their earnings aren’t being consumed by private tutoring.

Hayward’s District General Manager, Jim Wheeler, has made the commitment to his staff Volume 15 • Issue 6

and community to find their way through the ins and outs of the tedious process. “We will go through the rigorous process. We refuse to give up. We will continue for as long as the community needs it,” said Wheeler, noting that his district serves over 300,000 people and includes the lowest income demographics in Alameda County. He knows the families they serve must have low cost options for their kids to be successful at school while their primary caregivers are at work. His district has created a program called “Distance Learning Hubs” that incorporates all the Department of Public Health Covid-19 safety precautions they used in their summer programs with great success. They serve a large area, so some of the waiver items were already in place and only needed minor alterations. For example, emergency evacuation routes had to be identified specific to the area in which the school day program would operate. Other items were more difficult and at the time of this article they were still working through some final steps.

In the north state, General Manager Ann Willmann’s Chico Area Recreation and Park District is jumping the same hurdles. The largest obstacle so far has been the requirement for heightened background checks. The districts’ regular guidelines require any staff member working with or around children to complete a “Live Scan” background checking process that includes fingerprinting. The Child Attestation Waiver requires a more detailed check that also carries a hefty price tag. Willmann has estimated this regulation alone, in her district which normally serves 1,000 children, would incur $5,000 in fees to the district. For a program that is partly fee based and partly grant based, the added cost is simply unaffordable. They refer to the program as “School Time Care” and it operates during normal school day hours. The Covid-19 precautions have forced them to cap the School Time program to 170 participants. They also offer an “After School” program and are partnering About These with the local school district that is serving 350 Park Districts children. All these programs incorporate the same Covid-19 safety standards the district used in their • Hayward Area summer programs, which resulted in zero cases of stats: over Covid-19 despite operating at capacity.

300,000 served, In southern California, Desert Recreation District 100 sq miles, General Manager Kevin Kalman serves a community Alameda County of 380,000 people spread across 1,800 square miles.

• Chico Area stats: Their program, aptly titled “Ed-Rec Connect” is approximately working smoothly after going through the waiver 121,000 served, process. His advice to other districts in the state, “be 252 sq miles patient and persistent. Get to know your local DSS Butte County representative as they can be your best advocate.”

• Desert Recreation There are two things these agencies all agree District stats: on: This process is laborious and detailed, and it’s over 380,000 worth it to keep these crucial programs running for served, 1800 sq the community they serve. miles, Riverside If you are a Recreation & Parks District County professional and would like to establish a relationship with your local advocate at the Department of Social Services, visit cdss.ca.gov.

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SMALL DISTRICT

COMMUNITY CONNECTIONS

CSDA 2020 AWARD FOR EXCEPTIONAL PUBLIC OUTREACH & ADVOCACY

COVID-19 RESPONSE TO THE COMMUNITY

By Jeanette Contreras, Library Director

“The only thing that you absolutely have to know, is the location of the library.” ~ALBERT EINSTEIN

Albert Einstein never dreamt that libraries could provide services and access to knowledge outside the physical building. Here we are in the year 2020, and what a year it has been! Covid-19 abruptly changed the landscape of libraries across the state and worldwide.

One might wonder how libraries can continue to provide the fundamental 14

literacy, research, and educational needs of our communities with the surge of the uncontainable virus that has resulted in libraries closing their doors.

Libraries have proven once again how resilient they are, especially during the most challenging of times.

Libraries continue to be a key player in the community as connectors to services and resources. Libraries have met the needs of students experiencing distance learning for the first time, adults who suddenly find themselves unemployed and balancing a worklife structure at home with babies and toddlers who aren’t able to share giggles with their friends during storytime,

and the community at large, who have lost the ability to stay connected with other human beings during the state’s lockdown.

Our library is a place for education and self-help opportunities; it transforms lives through literacy, and it changes communities by supporting community and civic engagement for over 52,000 residents and neighboring cities. It is a place that welcomes everyone equally, offers visitors a place to stay in touch with their families, friends, and business associates while encouraging users to contribute back to their communities.

California Special Districts • Nov-Dec 2020

COMMUNITY CONNECTIONS

With the Placentia Library District responding in the early weeks of March to the concerns of the public and staff regarding COVID 19, the Board moved forward with a modified service plan to ensure those roles could continue.

The Placentia Library District began working out of the Community Meeting Room where patrons could still receive passport services, return their items, and request or pick up holds. Staff were given gloves, masks, and disinfectant spray to wipe down returned books with double table spaces and a maximum of ten people in the room at a time. Each day, a new implementation would take place based on the suggestions from Governor Newsom.

During this uncertain time, the Library Director also began sending daily messages to the patrons. These messages brought facts from Center for Disease

Control and World Health Organization along with local statistics relating to COVID-19. A library is an information hub; therefore, regardless of it temporarily shrinking in size, the District ensured it did not shrink in its ability to provide knowledge for our community.

Within two weeks of modified services, there was a reported possibility of exposure and staff were immediately put on work-from-home orders. As telecommuting has its own challenges, meeting the needs of the public while having the physical location closed became a significant concern.

The Director’s Messages rose to the challenge by sending daily, then weekly, emails through Constant Contact.

They allowed the district to continue to inform the public of the district’s closure, virtual services available, and gave factual updates while bringing the

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human element to the situation.

These messages were met with positive feedback from the public, steady virtual library card applications, increased numbers of followers on social media platforms, and an increase of the district’s opening rate for messages to the public.

This outreach has also allowed a better channel of communication to the continued on page 16

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The district received positive feedback from patrons: • “KUDOS, KUDOS on you and the Library’s excellent, excellent communication to your patrons during this very strange and difficult time.”

• “I get emails from lots of people every day, many about coronavirus. Most of them are uninteresting containing platitudes and wishes. Yours were different, I noticed it immediately. You were one with actual information that had value.”

public regarding the district’s virtual services, which include virtual storytime on Facebook Live three times a week, literacy tutoring via Zoom, book clubs on Zoom, craft tutorials, a virtual egg hunt, National Library Week’s Share Your Library Story, and so much more! One of the most successful messages was the announcement that district staff would be sewing face masks for Placentia residents in need. From this Director’s Message, the district received 1,000 completed requests that were sewn and mailed by staff to each patron by the end of April.

Our Library District was the first

library in Orange County and one of the first libraries in California to quickly take action by adopting resolutions and COVID-19 leave policies to protect our patrons and staff.

Placentia Library district has managed to increasingly reach out to the public, receive positive feedback, give patrons a feeling of comfort with their programs and services, and most importantly, they have become a dependable constant to its patrons during this time: all because of the Director’s Messages actively reflecting the staff’s unrelenting passion to serve the community regardless of circumstance.

Virtual or in-person, the location of the library is irrelevant. Einstein would be amazed at how far the library has expanded beyond a physical structure. The services will remain relevant and stand the test of time. It’s coterie of services would dazzle and delight his inquisitive mind.

Whether it’s a pandemic or a recession, there’s one thing communities can count on – libraries.

If you want to see how our amazing team is responding to the COVID-19 crisis, follow us on Facebook at Placentia Library, Instagram @Placentialib, and at placentialibrary.org.

MAXIMIZE Y OUR M E M BE RSHI P

VISIT CSDA’S ONLINE COMMUNITIES Connect Communicate Engage 16

WWW.CSDA.NET California Special Districts • Nov-Dec 2020

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17

MOVERS & SHAKERS

MOVERS& SHAKERS Eastern Municipal Water District (EMWD) is pleased to announce that John Adams, who has an extensive history in public sector finance, has been hired as EMWD’s new Chief Financial Officer.

Lisa Ohlund retires as General Manager of East Orange County Water District It is with mixed emotions that I am announcing that I will be retiring from the best job in the water world on December 31st; these past 12 years with EOCWD have been the most exciting and fascinating of my 38 year career. I am so proud to have worked with the best Board of Directors and the best employees in any industry and I’m thankful for the opportunities they have given me to grow as a person and as a professional.

Deputy Executive Officer Donna Lum is retiring from CalPERS after 21 years.

She has been dedicated to public service for 35 years and looks forward to her retirement.

Donna Lum

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?

18

John Adams

SCV Water has been recognized by the U.S. Environmental Protection Agency (EPA) as a 2020 WaterSense Excellence Award winner for its Multifamily Apartment Program, which strives to improve water efficiency in multifamily housing.

Bette Boatmun will close out 46 Years on Contra Costa Water District Board of Directors. Director Boatmun has shared publicly that she has decided not to seek re-election for the seat she has represented for over 46 years. Over the years, Ms. Boatmun has received the California State Assembly’s “Woman of the Year” for the 11th Assembly District, the PublicCEO Special Districts Official of the Year, and the CSDA Hollingsworth Award of Excellence.

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

Send to CSDA Communications Specialist-Editor Kristin Withrow at kristinw@csda.net for consideration in this section.

California Special Districts • Nov-Dec 2020

Questions Appear in CSDA Online Communities

YOU ASK, WE ANSWER

Q&A

Conflict of Interest Carmen Glass, Executive Secretary/Board Clerk Fortuna Fire Protection District Can anyone help me with some advice on the subject of conflict of interest? My question is this. We are a Special District in a very small community and we are in the process of building a new facility for one of our fire stations. Due to the small community that we live in, we have a limited pool from which to draw on when it comes to having contractors bid on our projects - which leads me to my question. One of our Board Members owns a construction company and I would like to know if there is a way that his company would be allowed to bid on the project without violating conflict of interest policies? Can he recuse himself, and if so, to what extent? Would we be just opening a can of worms we do not want to open? Any help or advice on this matter would be greatly appreciated.

Volume 15 • Issue 6

Susan Cash, Administrative Project Manager Great Basin Unified Air Pollution Control District The short answer is, no. Even recusal is not sufficient under Section 1090. And the consequences of violation are very severe.

“A Conflict for One is a Conflict for All” The basic rule under Section 1090 states that the making of a governmental contract in which the official has a financial interest is illegal. When the public official with the proscribed financial interest is a member of a public body or board, the prohibition of Section 1090 extends to the entire body or board. This means that even if the board member discloses his or her financial interest and disqualifies from participating or voting on the matter, the remaining board is still prohibited from entering into the contract in question. Thus, contracts approved under such circumstances are void and unenforceable even if the financially interested member refrains from participating in making the contract.

Lisa Gonzalez, General Manager Coalinga-Huron Recreation and Park District It would definitely be a conflict of interest to have a Board Member’s Construction Business do work for you. We are in a small town and we have contractors whom will travel 3 hours to do work for us.Wishing you Good Luck with your project!

Craig Steele Richards Watson Gershon That’s the worst kind of potential violation under Government Code Section 1090, because the consequences for violating the law extend to both your District and, potentially, to the individual Board member. For the individual, violating Government Code Section 1090 is a felony. Sometimes, for a big enough project or to sell a piece of property, a public official will think they can resign from the Board, assuming that will avoid the problem. It does not, for reasons too complicated to explain here. If you need further information, please feel free to contact me.

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.

19

INTERVIEW

How the Listos California Emergency Preparedness Campaign Gave California a Head Start in Response to Covid-19

By Kristin Withrow, Communications Specialist, CSDA The single most important thing the state realized was that there are some demographics in our state that are harder to reach than others. California is home to 39.5 million people spread out over 163,696 square miles. The population is diverse with variables in age, ethnicity, income, language, education, housing, and more. To effectively target the hardest-to-reach areas, they knew they needed community-based organizations to carry the messaging. Baker said, “The idea of investing in working partnerships with non-profits to develop education materials that will have an impact in their communities started to emerge.”

One of their early partnerships was forged with CSDA. The vast network of special district members, by definition the most local layer of government, provided an efficient transmission network for the Listos California messaging. CSDA’s Chief Executive Officer Neil McCormick stated, “CSDA was proud to partner with the Listos California Emergency Preparedness campaign, encouraging special districts across California to promote the importance of community resiliency and create opportunities to connect more people to the simple steps that can be taken to make individuals, families and communities disaster-ready.” As partnerships formed and communication hen Gavin Newsom took office routes were set, the campaign was formed. as Governor in January of 2019, Out of the ashes of wildfire rose the Listos California Emergency Campaign, with a $50 million allocation of funding he recognized the need for to run from June 2019 to December 2020 and an aspiration to California to increase its preparedness for reach a million residents spread all over the state. Partnering natural disasters. If there was ever a question with Valley Vision Communications for messaging, the as to the need, the fire in Paradise put an campaign rolled out an impressive communications toolkit and Students learn to keep FOG out of drains. exclamation point on the idea that we needed robust website to help community-based organizations easily access social media graphics, audio files with instructions in a statewide organized effort to get people English and Spanish, which is expected; but also in Hmong, ready for the next disaster. Karen Baker, CoVietnamese, Filipino, Korean and Chinese. They have additional Director of the California Listos Preparedness resources to expand messaging into smaller language pockets, including Russian, Arabic or even ways to reach out to campaign, says the Governer “recognized multicultural indigenous audible languages. after the paradise event there were a large Listos California identified the three main drivers for lack of preparedness: people were scared, they felt preparations would number of people who had extra challenges be expensive, and they were concerned it would take a lot of being able to evacuate effectively.” time. As the strategy formed, Baker and her team realized, “The

W

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California Special Districts • Nov-Dec 2020

campaign needed to be empowering and simple. The message was clear: You can keep your family safe.”

To overcome these obstacles, a toolkit centered around five readiness elements was created to help local community-based organizations reach out, educate, and host events to help people get prepared and build trust in their communities. Large sections of the population were realizing these local organizations were places they could turn to for reliable information and assistance, both before major events and during times of crisis.

When the novel coronavirus entered the United States and it became apparent each state would need a plan to educate its citizens about staying safe, California’s Listos Campaign had already established the communication and outreach network

it needed to spread the word.

Pivoting to allocate 20% of its funds to the pandemic, Listos California incorporated COVID-19 protocols into its robust communication engine. They determined which demographics would be most at-risk for infection due to lack of resources and sought to reach those groups. They added materials about state public health guidance, rights related to employment during COVID-19 infection, the importance of wearing masks, social distancing and personal hygiene to their toolkit so the community-based organizations would again have the resources they needed to alert, educate and support hard-to-reach citizens.

Methodically, the communitybased organizations reported weekly data to Merit Data Management which compiled the outreach reports to gauge the involvement of the communities they

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The infrastructure California needed to manage the outpouring of information to the far reaches of the state had started in June of 2019. With an eight-month head start, the state was able to rely on a network of local, trusted organizations to reach those who might’ve been overlooked in a reactionoriented response. Listos California has enabled the state to respond proactively within communities in a manner people can trust and understand. While the COVID-19 challenges continue, the networks that California has built will continue to act as conduits for factual information and actionable guidance the state is counting on to manage our contagion rates this winter.

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21

SMALL DISTRICT

CSDA 2020 AWARD FOR INNOVATIVE PROJECT OF THE YEAR

San Bernardino Basin Groundwater Council: Achieving Record Recharge through Collaboration

By Betsy Miller, Land Resources Manager/Assistant General Manager

Last year was a record-breaker for water recharge in Southern California’s parched San Bernardino Valley.

More than 70,000 acre-feet of snowmelt, rainfall, imported and recycled water was captured and percolated into the region’s once-bountiful, but now depleted aquifers. At 22.8 billion gallons, it represents enough water to serve 210,000 local households for one year.

But the water won’t be used up any time soon. It is part of a comprehensive, collaborative plan to bring the aquifers back to historic levels.

22

California Special Districts • Nov-Dec 2020

SOLUTIONS AND INNOVATIONS

“The last time our region recharged that much groundwater was in 1987, coming down from a period of successive wet winters,” said San Bernardino Valley Water Conservation District General Manager Daniel Cozad. “Prior to that spell, we hadn’t seen this much water recharged since the late 1940s.”

What led to such a dramatic shift in recharge capabilities?

Cozad credits these staggering recharge totals to the newly formed San Bernardino Basin Groundwater Council: an innovative, voluntary partnership that has area water districts and cities working hand-in-hand to establish a resilient source of water to serve the growing region.

Working together, they are restoring the basin, enhancing local water storage, and providing an abundant source of water for future dry times.

The Groundwater Council, formed in 2018 under the support of the San Bernardino Valley Water Conservation District, represents a 21st Century model that can be replicated by other regions throughout California. It’s for that reason that it was honored with the California Special Districts Association 2020 Innovative Project of the Year award.

An arduous task at the start

It’s an exceptional project, given the work involved in bringing so many entities to the table.

There were countless meetings, difficult questions asked and answered.

In the end, it came to the recognition that the future of the region depended on everyone doing the right thing.

Member agencies include the SBVWCD, San Bernardino Valley Municipal Water District (Valley District); East Valley Water District; the cities of Colton, Redlands, Loma Linda and Rialto; San Bernardino Municipal Water Department; Fontana Water Company; Western Municipal Water District; Yucaipa Valley Water District; and West Valley Water District This is a group of entities that for 100 years had grappled over water rights. But its members also share a long

Volume 15 • Issue 6

history of pitching in to help each other during extreme periods of drought.

“Years ago, the tendency among water agencies was to fight over who owned what,” said Valley District General Manager Heather Dyer. “But there is a new wave of collaboration driving many successful projects that are changing the future of water for this region in very positive ways.”

Voluntary collaboration

Membership on the council is by choice. That means the agencies involved participate out of concern for a common cause. They bring an unprecedented level of dedication to regional groundwater management that is unmatched when compared to other efforts now mandated by the state.

• The Groundwater Council promotes a regional approach to groundwater management that is more effective for meeting current and future water needs.

• Council agencies contribute their fair share of funding, water, and operations and maintenance assistance to ensure a sustainable water source.

• Participating agencies benefit from a sustainable water source at very affordable pricing, and those savings are passed on to residents.

A growing need for collaboration

For more than a century, the San Bernardino Valley basins were teeming with water that poured richly from snow-capped peaks of the San Bernardino Mountains.

But pumping in the basin began to exceed safe yield in the 1980s, and the situation of recurring years of overdrafts grew worse with population growth and successive years of drought.

“Cooperation is needed to get through our region’s persistent drought conditions,” explained Council Vice Chair Jarb Thaipejr, City Manager and Public Works Director for the City of Loma Linda “Working together, we can optimize the storage of local and imported water supplies that build resilience for the entire region – and that benefits everyone.”

Because imported water is needed to restore the basin, this collaborative model ensures that every agency does its part to assist in that effort – contributing water, money, or both to develop a sustainable model of groundwater management.

While other parts of the state many be facing mandates to work together under the Groundwater Sustainability Act of 2014, local Groundwater Council continued on page 24

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members have joined forces voluntarily – putting more than a century of experience into best practices for determining how to fairly distribute a region’s most precious natural resource.

How it works

How much each entity contributes to the council is determined according to use, historic rights, conservation, water recycling and other factors developed over a year of open exchanges of concerns and information.

Those that use more water, pay more. It’s a method that ensures capacity for each entity but does not penalize those who conserve.

The primary benefits of the Groundwater Council are: • It significantly improves the region’s water supply at a significantly lower price.

• It maximizes high groundwater quality in the basin with additional low-salinity local and imported water.

• With so many local agencies contributing their share to the basin, the amount of imported water being recharged each year is now at record highs.

• It helps mitigate water shortages during drought periods.

A model for cooperation

The San Bernardino Basin Groundwater Council demonstrates what can be done when agencies large and small work together to help resolve California’s growing water challenges.

It reflects a practical and cooperative spirit of hard work and honest negotiations that help resolve the region’s larger issues of ensuring safe drinking water gets to all communities and finding solutions to long-term drought.

“Cooperation is critical to prepare for our region’s drought cycles, which are exacerbated by the climatic changes we are seeing,” said Cozad. “Our water basins serve the entire region. It makes sense that we all work together to ensure safe and reliable water sources for our population now and long into the future. I am most thankful for the wisdom and leadership shown by the boards and councils of the Groundwater Council members.”

California Special Districts are facing unprecedented challenges. BB&K is prepared to partner with your District in its response and recovery. Let our experienced General Counsel, Labor & Employment, Environmental, Finance and LAFCO attorneys help you navigate the complex and ever-changing road ahead.

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24

California Special Districts • Nov-Dec 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

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Nossaman, LLP www.nossaman.com

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

Hanson Bridgett, LLP www.hansonbridgett.com

Redistricting Partners www.redistrictingpartners.com

Schneider Electric North America www.se.com

California CAD Solutions, Inc. www.calcad.com

Interwest Consulting Group interwestgrp.com

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Centrica Business Solutions www.centricabusinesssolutions.com

Kutak Rock, LLP www.kutakrock.com

Streamline www.getstreamline.com

CPS HR Consulting www.cpshr.us

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Tyler Technologies www.tylertech.com

Five Star Bank www.fivestarbank.com

National Demographics Corp. (NDC) www.ndcresearch.com

Be sure to read Managing Risk on page 32 “New Requirements: COVID-19 Reporting under AB 685”.

Volume 15 • Issue 6

SDRMA remains committed to its founding values of quality service, fiscal integrity and stability, and member focused programs that maximize protection and minimize risk.

25

LEGAL BRIEF

Constitutional Clarifications Support District Discretion on Ratemaking Wilde v. City of Dunsmuir: Rates Not Subject to Referendum

By Michael G. Colantuono, Esq., Colantuono Highsmith & Whatley, PC

The California Supreme Court’s recent decision in Wilde v. City of Dunsmuir (2020) 9 Cal.5th 1105, holds that water rates are not subject to referendum and, on the logic of the case, neither are other utility fees — like those for sewer, waste hauling, electricity, etc. I filed an amicus curiae (“friend of the court”) brief in the case for CSDA and other local government associations.

The decision is narrow but significant. It holds that the referendum power created by article II, section 9 of California’s Constitution does not extend to “statutes providing for tax levies,” defining the latter term broadly to include most government revenues and not limiting it to “tax levies … for usual current expenses of the State.” That latter phrase limits “appropriations” but not “taxes.” It does not matter whether a government revenue funds a service (like water) that private parties also provide. It matters only that the service is a non-trivial part of government’s 26

operations. Water rates and other utility charges must still comply with the voterand property-owner-approval processes of Proposition 218, and they remain subject to the initiative power, but not to referendum.

This will help stabilize public finance, allow revenue bonds to issue without incident or risk and, once they have, allow the contracts clauses of the State and Federal Constitutions to protect rates from initiative repeal to the extent necessary to honor the debt.

This quote is the heart of the case: “Article II, section 9’s exemptions from

referendum reflect a recognition that in certain areas, legislators must be permitted to act expediently, without the delays and uncertainty that accompany the referendum process.”

Along the way, the Court established a number of other points worth noting: Rossi v. Brown (1995) 9 Cal.4th 688 upheld a San Francisco charter provision (that became a rule of Prop. 62 and Prop. 218 for all local governments) requiring voter approval of taxes, concluding it did not require a prohibited referendum.

It was arguably inconsistent with Geiger v. Board of Supervisors (1957) 48 Cal.2d 832 protecting local government revenues from referenda.

The Court read Rossi narrowly, as merely about the initiative power.

This can be read as part of a larger trend of the current Supreme Court resuscitating precedents from the era before the 1986 recall of three justices and reading narrowly precedents from the intervening conservative era.

If we are going to introduce the 1986 recall, we should elaborate. It feels like this should start a discussion of the trend.

The rationale of the exception is to avoid “interference with the administration of [government’s] fiscal powers and policies” and this explains the conclusion to include all government revenue which fund essential services within the “taxes” protected from referendum and not just those within the narrower, modern definition of that term provided by Props. 218 and 26.

California Special Districts • Nov-Dec 2020

The Court noted that the rule protecting revenues that fund essential services from referendum “is related to, but distinct from, the rule we articulated and applied in Simpson v. Hite (1950) 36 Cal.2d 125.” Simpson holds that one cannot use the initiative to challenge government actions which constitute essential government functions (there, siting a courthouse). Simpson has not often been cited in recent years, because it reflects less judicial deference to the initiative power than is the current standard. This opinion recasts Simpson as holding that the initiative power cannot affect acts that state legislation delegates to local government officials — not to their voters.

This conflates Simpson with Committee of Seven Thousand v. Superior Court (City of Irvine) (1988) 45 Cal.3d 491.

That can be viewed as pro-direct democracy or as restating Simpson on a stronger, more modern footing. It might also reflect the current Court’s slightly greater willingness to review initiatives and referenda than were earlier courts. On that, time will tell.

In what is plainly dicta (i.e., not a precedential holding) the Court comments on how Dunsmuir might have responded to an adverse referendum result: “Perhaps the City could

Volume 15 • Issue 6

simply default to its prior rates while it restates the process of ‘study[ing], plan[ning], and implement[ing] a new water rate master plan.” This may be helpful when an agency loses its rates to an initiative repeal or reduction and needs to do something to get money in the door while it makes new rates.

Water service is an essential government function, some other things are not, and the Court does not tell us much about how to draw the line. This rejects reasoning of the Court of Appeal’s decision in this case, which held that water service was not “essential.”

The Court expressly rejects a 1980 case which rejected an initiative change to Lompoc’s power rates. This is further support for the rule that ratemaking is legislation which exposes it to the initiative, but also provides for protective litigation rules, like the litigation-on-the-record rule of Western States Petroleum Association v. Superior Court (1995) 9 Cal.4th 559.

Wilde is a helpful case for public utilities, their bondholders and all who depend on their services.

Michael G. Colantuono practices law at Colantuono Highsmith & Whatley, PC. He can be reached through their website at www.chwlaw.us

27

MANAGERS CORNER

Solar Disarray

By Don Bartz, General Manager Phelan Pinon Hills Community Services District

I 28

n 2015, the Phelan Pinon Hills Community Services District (“District”) flipped the switch on their 1.16 megawatt solar project. Now, in the sixth year of operation, the District is questioning its $5.2 million investment. With ongoing issues with operations and maintenance leading to energy generation issues, the District hopes to provide other agencies with a warning and some advice for those considering a solar project as part of cost mitigation.

California Special Districts • Nov-Dec 2020

Solar cost savings for the District, as projected by the solar contractor, are far from reality. By year six, the District should have saved a little over $2 million in energy costs for a positive net cash flow of approximately $300,000 after debt service. Instead, the District has realized a negative net cash flow of $380,000 (this would have been $1.2 million but the District received an $870,000 settlement from Southern California Edison due to tariff misclassification). Performance problems occurred from the beginning. Don Bartz, the District’s General Manager, cites problems with operations and maintenance agreement. “From the beginning,” Bartz explains, “the District’s solar project began to experience issues which our operations and maintenance agreement should have addressed.”

In the summer of 2016, the first year of peak season solar generation, and where a benchmark of cost savings for the District would be established, the system experienced problems with its inverters and had perpetual solar generation outages.

After many calls to the contractor to report the problem, and site visits by their technicians, the issues were partially resolved. The problems continued into the summer of 2017 and by mid-summer 2017, over a year later, the issue was finally resolved. “It turned out,” Bartz explains, “the original breakers designed for the system were not rated for the high temperatures in the area. Given the commonplace existence of solar projects throughout the region, this should have been factored into the design of the District’s system by the contractor.”

By this point, two full years of prime credit generation were lost.

In April of 2020, the solar trackers began to fail. This was reported immediately to the Volume 15 • Issue 6

contractor. After six months, and peak generation lost for another summer, the problem was still not resolved. Countless emails and calls to the contractor went unanswered or were met with excuses or alternatives for repairing the panels. “We were offered a free cleaning rather than having the problem fixed. A free cleaning is great but that doesn’t address the issue that we missed the best parts of the year for solar production. We anticipate another huge loss in net cash flow this year from our solar project due to lack of performance,” explained Bartz.

The District recommends agencies utilize technologies that are proven to work from companies that can provide references and real-life operational data, rather than projections. “At this point, there are enough agencies with solar projects that have been operating long enough to provide valuable input on what works and what doesn’t,” stated Bartz.

Bartz also recommends including specific details in the contract regarding operations and maintenance. For example, Bartz stated, “we routinely run into issues with weed control at the site. Each year, it is an issue with the contractor to fulfill what we believe the contract states.” Bartz recommends being very clear with the contract language and to include specific language on how long the contractor has to take care of repairs or routine maintenance.

Bartz also recommends including a staff time component in the annual solar operating costs when initially evaluating the cost savings of the project.

“We have spent, and continue to spend, a significant amount of staff time in all departments dealing with the solar project. For instance, our accounting staff has reconciliation to deal with, field staff has to respond to alarms at the site, and administrative staff spend significant time dealing with our contractor and interfacing with Southern California Edison. This is not something we considered – we thought once the initial project was online our staff time would be minimal but it hasn’t.”

At the end of the day, Bartz thinks there is a place for solar projects in public agencies, but cautions, “these companies are out there to make as much profit as possible. As a public agency, our first responsibility is to our ratepayers.”

Tips When Considering Solar Projects • Get recommendations from other agencies • Ask for performance data from similar systems and location types • Make sure the system is designed for your climate • Consider having a backup vendor for repairs and maintenance • Utilize tried and true technology so ratepayers are not the guinea pigs for new technology • Include staff time for ongoing operations in your cost analysis • Include a maintenance list and timeline in your operations and maintenance contract • Include a time limit for the contractor to respond to repair or maintenance requests in your operations and maintenance contract • Have a contingency plan if your solar project doesn’t meet projections

29

TAKE ACTION

VOTERS VOICE SUPPORT FOR SPECIAL DISTRICT PRIORITIES IN NEW STATEWIDE POLL

New polling finds that, by a wide majority, California voters think special districts that provide communities with essential services such as fire protection, healthcare, and core infrastructure should receive a share of any future federal funding aimed at helping local agencies affected by the COVID-19 pandemic.

The poll conducted by Probolsky Research found that 64 percent of those surveyed said “yes, communities served by special districts should receive a share of any future federal funding for local governments affected by coronavirus.” The voter research was commissioned by CSDA and conducted from October 12-15.

To date, federal COVID-19 relief funds, established by the CARES Act, have been distributed to state, city, and county governments, while communities that receive essential services from special districts have been largely left out. There are just over 2,000 independent special districts serving California, and about 30,000 nationwide. They provide a large share of local services in the United States, including 42.1% of utilities, 33.6% of healthcare, and 15% of fire protection.

The results of the poll come as special districts continue to press for a federal legislative solution. The Special Districts Provide Essential Services

Act, introduced in the House of Representatives as H.R. 7073 by Congressman John Garamendi, D-Calif., and in the Senate as the bipartisan S. 4308, sponsored by Senator Kyrsten Sinema, D-Ariz., would require states to direct five percent their future Coronavirus Relief Fund allocations to special districts. Twenty-five members of the California House Delegation and Senators Kamala Harris and Dianne Feinstein cosponsor the bills.

According to an internal survey of special district leaders conducted by the CSDA this summer, California’s special districts are anticipating a $1.26 billion COVID-19 impact on their budgets through the end of Fiscal Year 2021. $1.26 billion is significant, considering 56% of California’s special districts operate on less than $1 million in annual revenue.

Because of COVID-19 financial effects, 46% of special districts are uncertain or likely to reduce their essential workforce levels atop 22% that already had done so as of July 1, 2020. Further, 54% of districts are

TAKE ACTION SEASONS OF ADVOCACY: WINTER • Swearing In Ceremonies: Attend the swearing in ceremonies of your newly elected State Legislators and members of Congress.

• Meet and Greets: Request a meet and greet with your State Legislators and members of Congress, prioritizing those who are newly elected.

• eNewsletters and Social Media: Sign up for the eNewsletters of your newly elected State Legislators and members of Congress and follow their social media accounts. Invite them and their staff to follow your district’s social media and subscribe to your eNewsletter.

• Grassroots Mobilization Survey: Update any new legislative relationships you have developed via the CSDA Grassroots Mobilization Survey at csda.net/take-action.

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Over 330 special districts have registered support for federal COVID-19 relief funding for special districts. CSDA members can learn more and download a sample letter of support at csda.net/take-action.

California Special Districts • Nov-Dec 2020

uncertain or likely to reduce essential services in addition to 36% that had already experienced sustained service cuts by July 1.

Probolsky Research conducted the live interviewer telephone and online survey of 900 voters of all age groups, diverse ethnic backgrounds, and varied party registrations and voting habits, with a margin of error of +/-3.3 percent. A breakout of those surveyed by gender, political party, and all age groups found that support for federal funding for special districts ranged from 58.3% to 73.1%. Broken out by geographic regions of the state, the poll found that approximately 63% of Southern Californians, 61% of Central Valley Californians, and 69% of Northern Californians thought special districts should receive a fair share of future funding.

The voter survey also asked Californians a broader funding question: whether the state has an obligation to pay for services when it mandates a local government to provide new services or programs. An overwhelming 73% said the state should pay for programs it requires local

Take Action brochure Designed to equip district leaders for grassroots advocacy and public outreach. Request copies from the CSDA office or when speaking with your public affairs field coordinator.

agencies to provide, addressing an issue that has been litigated to the California Supreme Court since voters passed Proposition 4 in 1979 with 74 percent of the vote.

Proposition 4 Constitutionally required the state to reimburse local governments for the costs of any new programs or higher levels of service the state mandates local governments to provide. Yet, the State of California has routinely ignored this provision and forced local agencies to impose higher fees on residents to cover the cost.

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Volume 15 • Issue 6

31

MANAGING RISK

NEW REQUIREMENTS: COVID-19 REPORTING UNDER AB 685

By Liebert Cassidy Whitmore and Littler Insight

AB 685 modifies occupational safety standards to require employers to provide notice and report information related to COVID-19 exposures and provides the California Division of Occupational Safety and Health (“Cal/OSHA”) expanded authority to enforce such requirements and ensure safe workplace operations.

AB 685 is effective January 1, 2021.

AB 685 requires employers to comply with certain reporting requirements and provide the following four notices related to potential COVID-19 exposures in the workplace within one business day of being informed of the potential exposure:

1. Potential COVID-19 Exposure Notice to Employees If an employer or the employer’s representative receives a notice of a potential exposure to COVID-19 in the workplace by a “qualifying individual,” the employer must provide a written notice to all employees, and to the employers of subcontracted employees, who were present at the same worksite within the infectious period (as defined by the State Department of Public Health), stating that they may have been exposed to COVID-19.

For purposes of this requirement, a “qualifying individual” means a person who can establish any of the following requirements: • A laboratory-confirmed case of COVID-19; 32

• A positive COVID-19 diagnosis from a licensed health care provider; • A COVID-19 related isolation order issued by a public health official; or • Death due to COVID-19 as determined by the County public health department.

The notice must be sent in a manner the employer normally uses to communicate employment-related information. This can include personal service, email, or text message so long as it can be reasonably anticipated that employees will receive the notice within the one business day requirement. The notice must be in both English and the language understood by the majority of employees.

2. Potential COVID-19 Exposure Notice to Exclusive Representative of Represented Employees If the affected employees who are required to receive this COVID-19 exposure notice include represented employees, the employer must send the same notice to the exclusive representative of the affected bargaining unit.

California Special Districts • Nov-Dec 2020

3. Notice of COVID-19 Related Benefits and Employee Protections An employer must also provide all affected employees and the exclusive representative, if any, with a notice of information regarding any COVID-19-related benefits or leave rights under federal, state, and local laws, or pursuant to employer policy, as well as the employee’s protections against retaliation and discrimination.

4. Notice of Safety Plan in Response to Potential COVID-19 Exposure Finally, the employer must notify all employees, the employers of subcontracted employees, and any exclusive representative, of the employer’s plans for implementing and completing a disinfection and safety plan pursuant to guidelines issued by the federal Centers for Disease Control.

Failure to comply with these requirements may subject the employer to a civil penalty. AB 685 also prohibits employers from requiring employees to disclose medical information except as required by law and prohibits employers from retaliating against an employee for disclosing a qualifying case of COVID-19. Employers are also required to maintain records of these four notices for at least three years.

Where employers are notified of a number of cases that meet the definition of a COVID-19 “outbreak” as defined by the California Department of Public Health (“CDPH”), the employer must also notify the applicable local public health agency within 48 hours of the names, number, occupation, and worksite of any “qualifying individuals” related to the “outbreak”.

An “outbreak” is currently defined by CDPH as “three or more laboratory-confirmed cases of COVID-19 within a two-week period among employees who live in different households.”

CDPH is also required to make workplace statistics received from local health departments under this provision – other than personally identifiable employee information – available on its website, such that members of the public can track the number of cases and outbreaks by industry.

These new COVID-19 notice and reporting requirements apply to all private and public employees, with two exceptions: • Health facilities, as defined in Section 1250 of the Health and Safety Code, are exempt from reporting an “outbreak” within 48 hours as described above; • The notice requirements do not apply to exposures by employees whose regular duties include COVID-19 testing or screening or who provide patient care to individuals who are known or suspected to have COVID-19, unless the “qualifying individual” is also an employee at the same worksite.

Cal/OSHA Will Be Authorized to Shut Down A Workplace, Operation, or Process that Creates an Imminent Hazard Due To COVID-19 Exposure Risk Under current law, whenever Cal/OSHA finds that a place of employment or specific equipment in the workplace creates an imminent hazard to employees, Cal/OSHA has the authority to prohibit entry into the affected part of the workplace or to prohibit the use of the dangerous equipment in the workplace.

AB 685 expands and clarifies Cal/OSHA’s authority within continued on page 34

SDRMA Board and Staff Officers

Staff

MIKE SCHEAFER, PRESIDENT Costa Mesa Sanitary District

LAURA S. GILL, ICMA-CM, ARM, ARM-P, CSDM, Chief Executive Officer C. PAUL FRYDENDAL, CPA, Chief Operating Officer ELLEN DOUGHTY, ARM, Chief Member Services Officer DEBBIE YOKOTA, AIC, ARM, Chief Risk Officer WENDY TUCKER, Member Services Manager ALANA LITTLE, Health Benefits Manager JENNIFER CHILTON, CPA, ARM, Finance Manager DANNY PENA, Senior Claims Examiner HEIDI SINGER, Claims Examiner II ASHLEY FLORES, Management Analyst/Board Clerk TERESA GUILLEN, Member Services Specialist I MARGARITO CRUZ, Accountant CANDICE RICHARDSON, 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 JEAN BRACY, CSDM, Mojave Desert Air Quality Management District TIM UNRUH, CSDM, Kern County Cemetery District No. 1 JESSE CLAYPOOL, Honey Lake Valley Resource Conservation District

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 6

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

33

the context of COVID-19 related issues in the workplace.

Under AB 685, if Cal/OSHA finds that a workplace or operation/process within a workplace exposes employees to a risk of COVID-19 infection and thereby creates an imminent hazard to employees, Cal/OSHA now has authority to prohibit entry to the workplace or to the performance of such operation/process. If Cal/OSHA uses its authority to apply such a workplace restriction, it must then provide the employer with notice of the action and post that notice in a conspicuous place at the worksite. Any restrictions imposed

by Cal/OSHA must be limited to the immediate area where the imminent hazard exists and must not prohibit any entry into or operation/process within a workplace that does not cause a risk of infection. In addition, Cal/OSHA may not impose restrictions that would materially interrupt “critical government functions” essential to ensuring public health and safety functions, or the delivery of electrical power or water.

This expanded authority sunsets on January 1, 2023 and will be repealed automatically on that date unless further extended by the Legislature.

Amends Cal/OSHA Procedures for Serious Violation Citations Relating to COVID-19 Currently, before Cal/OSHA can issue a citation to an employer alleging a “serious violation” of occupational safety and health statutes or regulations, it must make a reasonable attempt to determine and consider whether certain mitigating factors were taken by an employer to rebut the potential citation. Cal/OSHA satisfies this requirement by sending an employer a description of the alleged violation at least 15 days before issuing a citation and provides the employer an opportunity to respond. Even if an employer does not provide information in response to Cal/OSHA’s inquiries, an employer is still not precluded from presenting such information at a later hearing to contest the citation.

AB 685 modifies this procedure until January 1, 2023 as applied to serious violation citations Cal/OSHA issues related to COVID-19. For such COVID-19 serious violation citations, Cal/OSHA is not obligated to provide an alleged violation at least 15 days prior to issuing the citation to allow an employer the opportunity to respond and can instead issue the citation immediately. The employer would still be able to contest the citation through the existing Cal/OSHA appeal procedures.

Impact of AB 685 on Employers Because AB 685 is not effective until January 1, 2021, employers have some time to prepare for its new notice and reporting requirements. Employers should review and revise their existing procedures related to notification of COVID-19 exposures in the workplace in order to ensure they are ready to comply with the new notice and reporting requirements imposed by AB 685 once it becomes effective.

(AB 685 amends Sections 6325 and 6432 of and adds Sections 6325 and 6409.6 to the Labor Code.)

See CDPH’s “COVID-19 Employer Playbook – Supporting a Safer Environment for Workers and Customers – available online at https://files.covid19.ca.gov/pdf/ employer-playbook-for-safe-reopening--en.pdf)

34

California Special Districts • Nov-Dec 2020

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DISTRICTS MAKE THE DIFFERENCE

Districts Make the Difference Top 5 Social Media Posts of 2020 The Districts Make the Difference (DMTD) public outreach campaign increases awareness of the essential services provided by special districts and promotes greater engagement between districts and their communities.

Leading up to the annual DMTD Student Video Contest, DMTD has seen a substantial increase in followers, engagement, and overall impressions on both Facebook and Twitter. As a way to celebrate and hopefully continue the momentum, here are the top five DMTD social media posts Menlo Park Fire District Fundraising Effort

Between the COVID-19 pandemic and the worst wildfire season our state has ever seen, special districts around California have quickly mobilized to serve and support their communities. By having a strong social media presence, DMTD has placed a spotlight on districts that are not only dedicated to reliably providing essential services to their customers, but are also going above and beyond to support their communities during these crises. In this way, even the smallest districts are able to leverage a broad-reaching platform to connect with the public at-large.

This post, highlighting the fundraising efforts of the Menlo Park Fire District, received over 10,000 engagements.

from 2020 based on engagement—any combination of likes, shares, comments, or links clicked.

Nature and natural forces, like wildfire, were a theme among the top posts of 2020. If you would like DMTD to feature images, essential workers, projects, or interesting stories that communicate how your special district is making a difference in your community, please email info@ districtsmakethedifference.org.

Fire Protection Districts Battle Blaze

Even when simply sharing a timely news article, DMTD has been able to use its blossoming influence to keep essential frontline workers in the forefront of the minds of Californians across the state.

This post, highlighting the efforts of fire crews from the Contra Costa County, East Contra Costa, and San Ramon Valley Fire Protection Districts, received more than 5,000 engagements.

2020 Student Video Contest Campaign

Another marker of success for DMTD’s social media strategy was the record number of entries received for the 2020 Districts Make the Difference Student Video Contest. The number of applications submitted for this year’s contest tripled from previous years.

This is in part due to an extensive online ads campaign during the summer.

DMTD’s strategy also included diverse posts to target different audiences, some of which spoke directly to student.

Although the contest was promoted biweekly for several months, this particular post stood out with more than 8,000 engagements.

Visit DistrictsMakeTheDifference.org to view this year’s video contest winners!

Did You Know?

Districts Make the Difference has a Facebook and Twitter account and we are always looking for interesting articles and events to feature. Make sure to follow Districts Make the Difference at www.facebook.com/yourCAdistricts and www.twitter.com/yourCAdistricts so we can see what your district is doing.

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California Special Districts • Nov-Dec 2020

Water-Wise Landscape Conversion Rebates

Strong visuals were key to the success of this post. While the $2,000 incentive from the Palmdale Water District to its customers was certainly newsworthy, the before and after pictures made it a standout on newsfeeds everywhere.

This post drew more than 3,000 engagements.

Open Space Nature Backgrounds

Another strong showing thanks to visuals, this post spotlighting stunning nature backgrounds available for free from the Midpeninsula Regional Open Space District earned more than 2,600 engagements.

Show your support for DMTD! Like us at facebook.com/yourcadistricts and follow us at twitter.com/yourcadistricts.

Social Media Tips for Public Agencies

By David Duran, Duran Kinst Strategies

While it’s true that social media is one of the most direct and costeffective ways to reach your community, there are still better and worse ways to do it. Below are just a few tips to help ensure that your message reaches your intended audience.

Know your audience. By knowing the demographics of the people you’re trying to reach, you can begin to decipher what types of content would resonate best with who you’re trying to reach.

Pay close attention to your social media analytics to see what is working and what is not.

Schedule it. Be strategic by developing a social media calendar that contains posts for weeks (or even months) in advance. Most social media channels and management tools also allow you to schedule your posts ahead of time, taking even more of the pressure off. By planning ahead, you allow time for someone to proofread your posts. Remember to plan for holidays and other special occasions, too.

Use a strong visual. Before a single character is read, people may have already decided whether or not to look at your post based on the visual you use. While in some cases a stock photo may do the job, it’s often worth the extra time and effort to find an image relevant to your content.

Images with people tend to do well, as they humanize your content. If possible, share videos too.

Keep it short. Whether you decide to use a more direct, informational voice or a less formal, conversational tone in your posts, keep the text short. Social media platforms may allow hundreds of characters, but that doesn’t necessarily mean you have to use them all.

Keep showing up. Regardless of what you post, post often. You want people to see your brand as relevant and up-to-date, which only happens when you frequently and consistently show up on their newsfeed.

Get an ads budget. For better or worse, social media is becoming increasingly “pay-to-play.”

You spend a lot of time developing relevant content, so you’ll want to be sure your audience sees it.

While paid ads are not necessary for everything you post, using them strategically can help get the eyes you need on the message you’re putting out.

Be social. Social media provides several ways to also get your message in front of people who aren’t following you (yet). Use mentions, hashtags, and sharing to expand your audience base. In some cases, sharing a post rather than creating your own can expand your reach and build rapport with the original post author, potentially leading to the mentioning and sharing of your own posts. If you do get comments on your posts, be sure to reply to foster further engagement.

David Duran, managing partner of Duran Kinst Strategies, can be reached at david@durankinst.com.

A public outreach campaign supported by the California Special Districts Association to provide information about special districts, descriptions on how they serve communities, and compelling content. Visit us at districtsmakethedifference.org.

Volume 15 • Issue 6

MAKE THE

37

MONEY MATTERS

ANOTHER TOOL IN THE TOOLBOX FOR REVENUE RECOVERY

By Spencer Bridgers, Revenue Recovery Program Director, National Association of Counties

Local governments are suffering. The pandemic has led to a huge strain and burden on our nation’s municipalities. Already under significant pressure to do more with less on the taxpayer dime, the nation’s counties have been particularly hit hard by the ongoing Covid19 pandemic.

Counties are on the front lines, responsible for 1,943 local health departments, over 900 hospitals, 758 nursing homes and other nursing facilities. On top of these responsibilities, local governments manage waste, utilities, and first response to emergencies.

The resources of local governments are spread thin and in addition to the pandemic, there looms the pressure of economic recession with greater resource disintegration and budget cuts.

Municipal utilities and other municipal services, if not the municipalities themselves, are facing dire financial circumstances at a time when constituents need their help the most.

This leaves many municipalities with tough decisions to make. How to maintain their functionality and relevance, while balancing a need for human empathy and understanding in the hardest of times.

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Few state governments have stepped in to help struggling municipalities.

While many state governments have mandated fiscal easing for those impacted by the virus, municipalities are left with very few instruments to sustain their own financial existence and need a way to make up for a crushing budget shortfall without having to raise taxes.

One tool local governments might consider are tax-refund intercept programs. Back in the 1980s the federal government mandated refund intercept programs across the country to capture overdue child support payments in an attempt to reduce reliance on federal Medicaid programs. Since that time, these programs have expanded to enable refund intercepts for state income tax refunds. The authority to intercept this revenue has also been expanded from state agencies to include other public agencies such as counties, cities, and special districts. Some US states have had municipal participation in tax refund intercept programs for over 20 years, while other states have been more restrictive and still only allow state entities to participate.

In states where municipalities can participate and where they are fully utilizing these programs, municipalities have realized significant success in recovering revenue in an empathetic way. In fact, most state codes mandate that municipalities attempt to collect on such outstanding debt. Refund-intercept programs are tools that can offer a beneficial way to do so.

Refund intercept programs are often beneficial in several ways to the delinquent taxpayer. First, most refund intercept programs do not report to credit agencies. Therefore, a person who cannot pay their debts is not affected negatively on their credit score. They can still get loans or make purchases without any negative impact on potential interest rates and their ability to obtain liquidity. Second, debts can be fully satisfied without any action on the part of the debtor. So long as there is enough money in a refund, the California Special Districts • Nov-Dec 2020

debtor does not have to take any action such as going to the local Treasurer’s office or through an online portal to settle. Third, the debt is only paid when there is a revenue event available for intercept.

If the debtor does not qualify for a refund, then no intercept can be made. Fourth, tax-refund intercept programs can be used as an alternative to tax sale, suspension of utilities, or license plate withholdings, which may be less desirable collection mechanisms. Lastly, tax refund intercept programs can be used as an alternative to utilizing a private collection agency which may charge hefty collections fees. On average, private collection agencies charge and keep 30% of the amount collected.

It is important to note that all tax-refund intercept programs across the country require giving ample notice and due process to allow the debtor to come in, contest or appeal their debt, set up an installment plan or other arrangement with the claimant agency prior to refund interception. Most of the time, the debts going through the state intercept programs have been delinquent for many years, the debtor has been noticed on more than one occasion, and perhaps the claimant agency has even gone through other collection mechanisms that have not succeeded in collecting on the debt.

The National Association of Counties (NACo) launched a national clearinghouse for local governments to participate in state income tax refund programs for free. NACo currently has implemented programs in Indiana, California, and Arkansas, and will be launching a new program in Utah in 2021. NACo partners with state associations of counties in each state to roll the program out to counties, cities, and other municipalities eligible for these state intercept programs.

Indiana’s program ‘Indiana TRECS,’ created in partnership with the Association of Indiana Counties started in 2018 with three counties and one city and has grown to over 90 municipalities participating in 2020.

Marion County, Indiana has reported an annual reduction in tax-lien sales by about 1/3rd, in addition to about $8 million annually in revenue from walk-in payments.

In California, the CalTRECS program, started in 2019, is more limited in scope as to the type of agencies that can participate and in the type of debt eligible for refund intercept.

Regardless of the limitations, participating agencies are realizing significant benefits. Through utilizing the CalTRECs clearinghouse, agencies can save significant dollars on social security number lookup services and validation. As of 2019, CalTRECS was the only vendor approved to operate in a cloud environment to exchange tax information with the Franchise Tax Board. In addition to services such as data parsing, scrubbing and encryption, the clearinghouse also modifies the Volume 15 • Issue 6

files returned from the state into an easy upload-able excel and CSV sheet for payment reconciliation.

Merced and Mariposa Counties in California have reported increases in numbers of refunds intercepted than in previous years working directly with the state, along with hours of staff-time saved from no longer having to perform manual skip tracing and file preparation. CalTRECS started off with just two counties in 2019 and now has grown to seven participating counties and the program is expanding to new agency types such as cities and special districts for the 2020 tax cycle.

In Arkansas (ArkTRECS, started 2020), the program is again limited in types of agencies and debt types that can utilize tax-refund intercept. In Arkansas, eligible municipalities are limited to County Circuit Clerk offices and Sheriff Departments. Regardless, ArkTRECS streamlines participation for these local agencies and has realized significant returns. Craighead County Sheriff Department has captured over $40,000 to date on roughly 154 debts that they would never have gotten any money for otherwise.

For more information, or for interest in participating if you are a public agency in Indiana, California, Arkansas, or Utah, please reach out to your state county association.

CSDAFC Board and Staff Officers JO MACKENZIE, PRESIDENT, Vista Irrigation District PAUL HUGHES, VICE PRESIDENT, CSDM, South Tahoe Public Utilities District MATTHEW MCCUE, SECRETARY, Mission Springs Water District

Members of the Board GEORGE EMERSON, Goleta Sanitary District VINCE FERRANTE, Moss Landing Harbor District GLENN LAZOF, Regional Government Services Authority ARLENE SCHAFER, Costa Mesa Sanitary District

Consultants RICK BRANDIS, Brandis Tallman, a Division of Oppenheimer & Co. Inc. JEFF LAND, Brandis Tallman, a Division of Oppenheimer & Co. Inc. STEFAN MORTON, Municipal Finance Corporation WILLIAM MORTON, Municipal Finance Corporation ALBERT REYES, Kutak Rock LLP SAUL ROSENBAUM, Prager & Co., LLC NICOLE TALLMAN, Brandis Tallman, a Division of Oppenheimer & Co. Inc.

Staff NEIL MCCORMICK, Chief Executive Officer CATHRINE LEMAIRE, Coordinator 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 CSDA F C

39

WHAT'S SO SPECIAL

NEW BAY TRAIL CONNECTS COMMUNITIES

By Midpeninsula Regional Open Space District, Open Space Newsletter

Enhanced Wetlands Support Rare Salt Marsh Wildlife The newest section of the San Francisco Bay Trail is now open in Ravenswood Open Space Preserve. A trailhead at University Avenue in East Palo Alto connects local neighborhoods to the preserve, providing one of the most densely populated areas in the region with much-needed access to nearby nature. This small-but-mighty 0.6-mile new trail segment links more than 80 miles of continuous Bay Trail through seven cities—from Menlo Park to the north, Santa Clara to the south, and across the Dumbarton Bridge bike path to the East Bay. The easy-access trail offers opportunities for users of all abilities to immerse themselves in a unique bayland experience.

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California Special Districts • Nov-Dec 2020

MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DISTRICT SIZE: 65,000 ACRES POPULATION: 770,000

LOCATION: SANTA CRUZ MOUNTAINS WEBSITE: OPENSPACE.ORG

“This new trail provides a vital connection to nature for the community,” Midpen General Manager Ana Ruiz said. “With just a short walk along the trail, you can quickly escape the buildings and traffic and enter a completely different world surrounded by nature, vast open views and the iconic San Francisco Bay. You can get right up to the water’s edge and watch shorebirds take flight, see pickleweed change color with the seasons and enjoy the bay breeze. Bicyclists can travel along the shoreline for miles, enjoying the Bay Trail for both recreation and as part of their commute.”

To minimize impacts to the complex marshland ecosystem, Midpen designed much of the new trail as an elevated wooden boardwalk extending over the tidal uplands. In sensitive wetland areas, construction was limited to a short five-month window between September and January to avoid the breeding season of the endangered Ridgway’s rail. All construction activities were contained within the narrow footprint of the boardwalk. To enhance the natural habitat, we added new

refugia islands of gently sloping vegetated areas that rise above the existing marsh. These islands provide bayland wildlife with shelter during high tides.

To plan a visit to see the Preserve, visit openspace.org

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A Nationwide Leader in Executive Search & Human Resources Consulting www.ralphandersen.com California Special Districts • Nov-Dec 2020

SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY

Navigate the unexpected with a constellation of expertise.

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.

Volume 15 • Issue 1

Trusted Risk Management

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800.537.7790

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www.sdrma.org

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

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