2021 CA Special District July -August

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 16 , I s s u e 4 • Ju l y- A u g u st 2 0 2 1

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

Managers Corner • PAGE 32

COVID has Changed Public Engagement and Created New Opportunities for Equity & Access Legal Brief • Page 26 Brown Act in the Pandemic Matrix: Finding Your Way Back in a Post-Pandemic Reality

Ask the Experts • Page 10

What’s So Special • Page 40

Effective and Legal Meetings in the New Technology World

Walk With Ease Southgate Recreation & Park District

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2

Gary Rice Vice President Commercial Card Division (949) 623-1621 GaryRice@UmpquaBank.com

California Special Districts • July-August 2021

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 16 • Issue 4

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TABLE OF CONTENTS

Solutions and Innovations:

Energy Resilience: A Smarter Approach for Special Districts Feature:

Feature:

The Promise to the Audience: 300 Empty Chairs

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05 CEO’s Message 06 CSDA Coastal

Network: Chapters Highlight 07 Upcoming Workshops

and Webinars 10

Ask the Experts: Effective and Legal Meetings in the New Technology World

16 Movers and Shakers

Unleashing Your Hero

18

12

Community Connections: Fresno Irrigation District’s Centennial Celebration Campaign

21 You Ask, We Answer:

Meeting Minutes 26 Legal Brief:

Brown Act in the

Pandemic Matrix 28

Take Action: CSDA Secures COVID Relief Funding for Special Districts

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

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22

32

Managers Corner: COVID has Changed Public Engagement and Created New Opportunities for Equity & Access

36

Districts Make the Difference: Districts Spotlight: Resource Conservation District of the Santa Monica Mountains

38 Managing Risk:

Road Worker Safety Tips 40 What’s So Special:

Walk With Ease 42

Money Matters: Reserve Policies for Special Districts – How Much is Enough?

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

California Special Districts • July-August 2021

CEO'S MESSAGE

CSDA Works to Secure $100 Million in COVID Relief Funding for Members One of the most significant challenges for special districts over many decades is being recognized for the essential services they provide to millions of Californians each day. We know districts Neil McCormick are just as important local CSDA Chief Executive Officer service providers as other local governments like cities and counties, yet they are conveniently forgotten over and over again. It makes no sense and CSDA is working hard to influence change to make sure districts receive equal consideration on local government issues, every time.

Change is happening! Most recently, CSDA put forward one of our most significant efforts to-date because districts were once again left out of the federal COVID relief package for local governments. In addition to starting our first-ever national advocacy efforts through the formation of the National

Special Districts Coalition (NSDC) and securing a D.C. presence, our CSDA team also jumped into action at the State level in an unprecedented effort to tell the story of special districts and communicate that the need for relief funding is equally as important for districts as it is for other local governments. We developed a coalition of over 750 supporters, held hundreds of meetings with legislators and key stakeholders, and even accessed some of CSDA’s reserve funding to further enhance our advocacy efforts and ensure

Thanks to CSDA’s leadership and, ultimately, the support of many legislators and the Governor, we were successful in securing a dedicated $100 million in COVID relief funding for independent special districts! we were doing everything possible to get special districts included.

Thanks to CSDA’s leadership and, ultimately, the support of many legislators and continued on page 6

CSDA Board and Staff Officers

Staff

RYAN CLAUSNITZER, CSDM, PRESIDENT, Alameda County Mosquito Abatement District

NEIL MCCORMICK, Chief Executive Officer MEGAN HEMMING, Professional Development Director KYLE PACKHAM, Advocacy & Public Affairs Director CASSANDRA STRAWN, Member Services Director TODD WINSLOW, Publications Director RICK WOOD, Finance & Administration Director ELEANOR BOLING, Legislative Assistant EMILY CHA, Member Services Specialist MARCUS DETWILER, Legislative Analyst DILLON GIBBONS, Senior Legislative Representative VANESSA GONZALES, Communications Specialist COLLEEN HALEY, Public Affairs Field Coordinator MUSTAFA HESSABI, Deputy General Counsel CHARLOTTE HOLIFIELD, Public Affairs Field Coordinator JENN JACOBS, Member Services Representative 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 THOMAS TURNER, Database & Online Communities Coordinator DANE WADLÉ, Public Affairs Field Coordinator JAMES WILFONG, Senior Designer KRISTIN WITHROW, Communications Specialist

ELAINE MAGNER, VICE PRESIDENT, Pleasant Valley Recreation & Park District ARLENE SCHAFER, SECRETARY, Costa Mesa Sanitary District JERRY L. GILMORE, TREASURER, Truckee Sanitary District VINCENT FERRANTE, PAST PRESIDENT, Moss Landing Harbor District

Members of the Board DON BARTZ, CSDM, Phelon Pinon Hills Community Services District STANLEY CALDWELL, Mt. View Sanitary District RALPH EMERSON, Garberville Sanitary District CHAD DAVISSON, CSDM, Ironhouse Sanitary District PETER KAMPA, CSDM, Groveland Community Services District JO MACKENZIE, Vista Irrigation District NOELLE MATTOCK, El Dorado Hills Community Services District STEVE PEREZ, CSDM, Rosamond Community Services District LORENZO RIOS, Clovis Veterans Memorial District KATHERINE STEWART, Vandenburg Village Community Services District FRED RYNESS, Burney Water 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

© 2021. California Special Districts Association.

Volume 16 • Issue 4

A proud California Special Districts Alliance partner

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CSDA NEWS & PROFESSIONAL DEVELOPMENT

Networks & Chapters Del Norte

Siskiyou

Humboldt

Northern Network Lassen

Tehama

Plumas

Butte

Glenn

Mendocino

CSDA COASTAL NETWORK Chapters Highlight

Modoc

Shasta

Trinity

Sierra Nevada

Sutter

Colusa

Lake

Yolo Sonoma

Placer

Yuba

Napa

Sac.

Bay Area Network

San Francisco

Contra Costa

San Mateo

Alameda

Alpine

Amador

Solano Marin

Sierra Network

El Dorado

San Joaquin

Calaveras

Tuolumne Mono Mariposa

Stanislaus

Santa Clara

California Special Districts is kicking off our CSDA chapter highlights with the Coastal Network chapters, the network hosting this year’s CSDA Annual Conference & Exhibitor Showcase in beautiful Monterey.

Here is what some chapter members said about what their chapter means to them and to the districts in their counties.

Merced

Santa Cruz

San Benito

Central Network

Madera

Fresno

Inyo

Monterey

Kings

Tulare

Coastal Network

San Luis Obispo

Kern

San Bernardino

Santa Barbara

Ventura

Los Angeles

Riverside

Orange

Southern Network

San Diego

Imperial

Affiliated Chapters

• ALAMEDA COUNTY SPECIAL DISTRICTS ASSOCIATION • ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICTS • BUTTE COUNTY SPECIAL DISTRICTS ASSOCIATION • CENTRAL VALLEY LOCAL CHAPTER OF CSDA* • CONTRA COSTA SPECIAL DISTRICTS ASSOCIATION • GOLD COUNTRY REGIONAL CHAPTER OF CSDA** • HUMBOLDT AREA CHAPTER • INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY • KERN COUNTY SPECIAL DISTRICTS ASSOCIATION • MARIN COUNTY SPECIAL DISTRICTS ASSOCIATION • NORTHEASTERN CALIFORNIA CHAPTER OF CSDA*** *Chapter consists of Fresno, Kings, and Tulare counties. ***Chapter consists of Lassen and Modoc counties.

• PLUMAS COUNTY SPECIAL DISTRICTS ASSOCIATION • SAN DIEGO CHAPTER OF CSDA • SAN LUIS OBISPO COUNTY CHAPTER OF CSDA • SAN MATEO CHAPTER OF THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION • SANTA BARBARA COUNTY CHAPTER OF CSDA • SANTA CLARA COUNTY SPECIAL DISTRICTS ASSOCIATION • SOLANO COUNTY SPECIAL DISTRICTS ASSOCIATION • SPECIAL DISTRICTS ASSOCIATION OF MONTEREY COUNTY • SPECIAL DISTRICTS ASSOCIATION OF RIVERSIDE COUNTY CHAPTER • STANISLAUS COUNTY SPECIAL DISTRICTS ASSOCIATION • VENTURA COUNTY SPECIAL DISTRICTS ASSOCIATION

**Chapter consists of Sierra, Nevada, Placer, El Dorado, Amador, Calaveras and Tuolomne counties.

CSDA COASTAL NETWORK PUBLIC AFFAIRS FIELD COORDINATOR: CHARLOTTE HOLIFIELD charlotteh@csda.net

LAST UPDATED JANUARY 2021

Special Districts Association of Monterey County

San Luis Obispo County Chapter of the CSDA

WWW.SDAMC.ORG

WWW.CSDA.NET/ABOUT-CSDA/CHAPTERS-NETWORKS/CHAPTERSAN-LUIS-OBISPO

“Special Districts Association of Monterey County Chapter is excited to have the CSDA Annual Conference and Exhibitor Showcase back in Monterey, California again. We look forward to seeing all the attendees.

Enjoy your time on the beautiful Monterey Peninsula.”

- Chapter Member Vince Ferrante, Commissioner, Moss Landing Harbor District and CSDA Board Member and Past President “The Monterey County Special Districts Association provide a valuable resource for sharing information, developing collaborative relationships, and unifying and strengthening our voice on items of mutual benefit.”

- Chapter President Mary Ann Leffel, Board Director, Monterey Peninsula Airport District “The goal of the chapter is to bring independent special districts in Monterey County together on a quarterly basis to meet and discuss issues of mutual concern, hear from guest speakers, understand relevant legislation, and receive updates from LAFCO and CSDA.”

- Russ Jeffries, Board President, Moss Landing Harbor District and one of the founding chapter members

“The San Luis Obispo County Chapter of CSDA keeps us connected – connected to other special districts within our area, connected to our State and Federal representatives, and connected to CSDA as a whole, and the resources that they can provide.”

- Chapter Member Jeff Briltz, General Manager, Templeton Community Services District “The special districts in San Luis Obispo County have found significant value in the California Special Districts Association, specifically working with our local CSDA representative. She has been instrumental in keeping our organizations up to date through providing salient information and multiple opportunities to become involved, locally, regionally and state-wide.”

- Chapter Member Andrea Lueker, Harbor Manager, Port San Luis Harbor District

CEO’s Message continued the Governor, we were successful in securing a dedicated $100 million in COVID relief funding for independent special districts!

Details are still being worked on and CSDA will continue to keep members apprised as we receive information, however we do know that: • The approved language now states that the funding is “available to provide fiscal relief to independent special districts that have encountered unanticipated costs or loss of revenue due to the COVID-19 public health emergency and that have not received other forms of fiscal relief from the state or federal government.”; and • The Department of Finance (DOF), in consultation 6

with the California Special Districts Association, will develop a plan to distribute the funding by September 1, 2021, and DOF must notify the Joint Legislative Budget Committee of the plan by that date. Learn more on page 28.

This historic effort could not have been possible without member districts Getting Engaged in the Process, Taking Action, and Telling Their Story!

These efforts by local special district leaders truly made the difference and will in the future. If there is a lesson learned or major takeaway from this endeavor, it is that the above three pillars are essential components to making sure special districts are heard and receive equal consideration on local government issues, every time.

California Special Districts • July-August 2021

“The San Luis Obispo County Chapter of CSDA provides members with resources necessary to best serve their communities. The Chapter offers a diversity of learning and networking opportunities which assist each member district to function more effectively and efficiently, while also working to advance the public’s understanding of special districts and the value added to the communities they serve, as well as strengthening our collective voices on items of mutual interest and concern.”

- Chapter President Marshall E. Ochylski, Board Director, Los Osos Community Services District

Plan Your Fall Educational Calendar NOW!

Santa Barbara County Chapter of the CSDA WWW.SBCCSDA.ORG

“The chapter provides a forum for networking and sharing ideas and creates links to state and local leaders. There’s a feeling you can get help from friends when stumped, and you don’t have to reinvent the wheel!”

- Chapter President Sharon Rose, Director, Goleta Valley Sanitary District “The Santa Barbara Special Districts provide critical essential services through diverse collaborative efforts centered on community service.”

- Chapter Member Katherine Stewart, Board President, Vandenberg Village Community Services District and CSDA Board Member “The Santa Barbara County Special Districts provide an important networking environment for sharing information and developing strong and reliable relationships amongst similar organizations to enhance and implement the mission of California special districts.”

- Chapter Vice President Wendy Berry, Secretary/Treasurer, Santa Ynez Community Services District

Ventura County Special Districts Association WWW.VCSDA.ORG

“The Ventura County Special Districts Association provides a valuable forum for the exchange of information and ideas for the directors and staff of the independent special districts of Ventura County.”

- Chapter Member Elaine L. Magner, Board Director, Pleasant Valley Recreation & Park District and CSDA Board Vice President “Ventura County Special Districts Association encompasses an engaging and collaborative “best in class” variety of specialized service and support operations, each committed to advancing the health, safety, economy and well-being of all Ventura County residents while also working to advance the public’s understanding of special districts and their value to our community, supporting LAFCO, monitoring County oversight of redevelopment funds and advocating for federal and state legislation, as appropriate.”

- Chapter President Bruce Dandy, Board Vice President, United Water Conservation District “The Ventura County Special Districts Association (which, btw, is the best chapter in the state and hereby challenges any chapter who says otherwise to a corn hole match at the conference) helps us stay connected with our special district friends and colleagues. VCSDA meets at different special district locations throughout Ventura County where we learn about each other’s operations, stay current on legislative issues, and enjoy a short program on topical issues. What’s not to love?!”

- Chapter Member Jim Friedl, CSDM, General Manager, Conejo Recreation and Park District

Networks & Chapters Del Norte

Siskiyou

Humboldt

Northern Network Lassen

Tehama

Plumas

Butte

Glenn

Mendocino

Want to get involved with your local CSDA chapter?

Modoc

Shasta

Trinity

Sierra Nevada

Sutter

Colusa

Lake

Yolo Sonoma

Placer

Yuba

Napa

San Francisco

Contra Costa

San Mateo

Alameda

Sierra Network

El Dorado Sac.

Alpine

Amador

Solano Marin

Bay Area Network

San Joaquin

Calaveras

Tuolumne Mono Mariposa

Stanislaus

Santa Clara

Merced

Santa Cruz

San Benito

Central Network

Madera Fresno Inyo

Monterey

Kings

Tulare

Coastal Network San Luis Obispo

Virtual Workshop: Construction Projects for Special Districts SEPTEMBER 14 AND 15, 2021 8:30 A.M. – 12:00 P.M. EACH DAY

Webinar: Sexual Harassment Avoidance Training for Non-Supervisory Employees OCTOBER 19, 2021 10:00 – 11:00 A.M.

Webinar: How to Handle an Unexpected Surge in PRA Requests NOVEMBER 2, 2021 10:00 A.M. – 12:00 P.M.

Virtual Workshop: Customer Service NOVEMBER 3 AND 4, 2021 9:00 A.M. – 12:00 P.M.

Webinar: Sexual Harassment Prevention Training for Supervisors/Board Members NOVEMBER 9, 2021 10:00 A.M. – 12:00 P.M.

Webinar: Public Service Ethics AB1234 NOVEMBER 16, 2021 10:00 A.M. – 12:00 P.M.

Learn more at www.csda.net/about-csda/chapters-networks.

Kern San Bernardino

Santa Barbara Ventura

Los Angeles

Riverside

Orange

Southern Network

San Diego

Imperial

Affiliated Chapters • ALAMEDA COUNTY SPECIAL DISTRICTS ASSOCIATION • ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICTS • BUTTE COUNTY SPECIAL DISTRICTS ASSOCIATION • CENTRAL VALLEY LOCAL CHAPTER OF CSDA* • CONTRA COSTA SPECIAL DISTRICTS ASSOCIATION • GOLD COUNTRY REGIONAL CHAPTER OF CSDA** • HUMBOLDT AREA CHAPTER • INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY • KERN COUNTY SPECIAL DISTRICTS ASSOCIATION • MARIN COUNTY SPECIAL DISTRICTS ASSOCIATION • NORTHEASTERN CALIFORNIA CHAPTER OF CSDA*** *Chapter consists of Fresno, Kings, and Tulare counties. ***Chapter consists of Lassen and Modoc counties.

• PLUMAS COUNTY SPECIAL DISTRICTS ASSOCIATION • SAN DIEGO CHAPTER OF CSDA • SAN LUIS OBISPO COUNTY CHAPTER OF CSDA • SAN MATEO CHAPTER OF THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION • SANTA BARBARA COUNTY CHAPTER OF CSDA • SANTA CLARA COUNTY SPECIAL DISTRICTS ASSOCIATION • SOLANO COUNTY SPECIAL DISTRICTS ASSOCIATION • SPECIAL DISTRICTS ASSOCIATION OF MONTEREY COUNTY • SPECIAL DISTRICTS ASSOCIATION OF RIVERSIDE COUNTY CHAPTER • STANISLAUS COUNTY SPECIAL DISTRICTS ASSOCIATION • VENTURA COUNTY SPECIAL DISTRICTS ASSOCIATION

**Chapter consists of Sierra, Nevada, Placer, El Dorado, Amador, Calaveras and Tuolomne counties.

LAST UPDATED JANUARY 2021

Volume 16 • Issue 4

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FEATURE

THE PROMISE TO THE AUDIENCE: 300 EMPTY CHAIRS Jason Hewlett

CSDA ANNUAL CONFERENCE & EXHIBITOR SHOWCASE KEYNOTE SPEAKER

R

ecently I drove over 200 miles to give my keynote presentation for a first of its kind event in a small city in my home state: The Inaugural Business EXPO put on by the economic development of the city. Having lived through COVID and quarantine for the past 14 months, I was ecstatic to get to take the stage in real-life once again!

Entering the ballroom of the beautiful conference center, it was wonderful to see 300 chairs perfectly set and ready for a big event the following day.

Sound check lasted 4 hours that evening due to a glitch out of everyone’s control, but I was grateful to be working with an AV Team who lives The Promise and kept at it, cheerfully, until we came up with solutions to tricky challenges.

I barely slept in my comfy Marriott hotel room bed, as I tossed and turned over an entirely new segment I had prepared custom for this client and event.

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California Special Districts • July-August 2021

The life of The Speaker!

Arriving 2 hours before attendees, we completed the sound check and all was set.

And then we waited for the room to fill.

Clock ticking down to go time, 300 seats still sat empty...

10 minutes before I was to begin my 8:30 a.m. presentation, the event planner came up to me and was as confused as I was with the turn-out. This event, having been promoted well throughout the region, didn’t appear to have anyone coming!

I offered to wait an hour or two if that was needed, in order to see if people were just running late.

The client said thank you for your willingness to be flexible, considered my offer, ran the thought by a few team members, and then determined they needed to stick to the day’s schedule, with breakouts, vendors, and food all waiting their turn.

Introduced to the stage, with apologies from the wonderful event planner, embarrassed due to the amount of people in my audience that morning, I stepped into the spotlight and saw: 7 people staring back at me in a 300 seat ballroom!

(I believe they were the EXPO vendors that had been asked to fill in the front section.)

As I took the mic, I addressed the obvious right away “My friends, I’d like to Thank You for being here. And I truly do, Thank YOU. Years ago, I performed at an amphitheater that was filled to capacity at 3,000 attendees! It was incredible!

And so we decided we could do the same in an adjacent city the next year, the demand was so high, and we figured we’d have the same turn-out as the year before.

Volume 16 • Issue 4

At that event, we were stunned that only a couple hundred attended, compared to the thousands we expected.

After the show I asked my Mom - who always supports me and is amazing how she felt I did despite the challenge of not performing to a full house, of which I am accustomed.

She stated the following to me that changed my perspective forever on every performance: “Son, you were wonderful as always in your performance.

However, you mentioned multiple times how disappointed you were that it wasn’t sold-out, and it seemed you were upset with us as an audience.

My son, NEVER punish those who show up. Never appear disappointed to those who support you. Never make them feel “less than” for those who didn’t come.”

And so, my friends in this audience today - it appears the challenges we face in the pandemic, the hesitancy of attendees to participate and show up, and putting on an event for the public at this time has perhaps won out. That means today, because of my Mom, you’re in for it!

My Performance Promise to you is that all 7 of you are about to enjoy a performance and presentation as if 10,000 were in front of me, and I am SO, SO grateful you are here and showed up.

You are the most important people to me, and I can only Thank You properly by giving you the most and best I’ve got.

And of course, you can leave here at the end of the day and tell all your friends and peers they missed out on the best presentation you’ve ever seen!

Let’s get started.”

By the time my presentation was over there may have been 30-40 in the room. And you could tell, there was a good amount of laughter that could be heard, which was nice after going 14 months without hearing any from my Zoom Virtual Home Studio.

Why would I share this “tragic” experience with you, my friends of CSDA, where I will be the speaker for your upcoming conference?

Because I can’t wait to teach you The Promise!

Events are coming back, and some will succeed, and some will be unique as we navigate the new version of our Promise of attendee safety in the event world.

What is important is that we Keep The Promise To The Audience who shows up.

No matter how hurt our pride might be, no matter how terrible it looks from any perspective...we give 100% because that is what people who LIVE The Promise do.

I had to talk myself into sharing this story for my article with CSDA because none of this “looks good”.

I’m not worried about looking good at this point, I’m focused on making a difference!

I applaud the event team, vendors, attendees, and all involved in this event because They Kept The Promise to remain Positive & Give 100% to those Who Showed Up even when all did not go as one would hope. I like them even more for that!

What is Your Promise to Your Audience, Your Team, Yourself?

Attend CSDA’s Annual Conference & Exhibitor Showcase and find out!

CSDA, we are going to have an unforgettable time! See you soon.

Jason Hewlett 9

ASK THE EXPERTS

Effective and Legal Meetings in the New Technology World

By Lindsay A. Thorson, Senior Attorney, Richards, Watson & Gershon

T

echnology allows special districts to engage with members of the public, provide broad access to information and increase transparency; however, technology can also limit and create barriers to accessing information. Can districts harness the best parts of technology while continuing to conduct the people’s business in an open and effective manner? Yes, but, as the old adage goes, with great power comes great responsibility. It is critical that districts carefully plan and consider how technology will be implemented and remain vigilant that use of technology does not negatively impact the ability of board members and the public to meaningfully engage during public meetings.

Technology has increasingly integrated itself into most aspects of public meetings, and the events of the past year have only expedited that integration. While technology may not always be obvious, it touches on almost all aspects of preparing for, conducting, and documenting public meetings. Integration starts pre-meeting with how agenda items are shared with board members and how agendas are posted online. During meetings, board members, staff and the public may use electronic agendas, teleconferencing, and streaming platforms. Board agendas, minutes and video of meetings remain available online and are stored in compliance with retention policies. Meetings are announced and discussed on district websites, in social media and through texts and email.

The keys to successfully integrating technology into the operations of districts are advance planning and inclusiveness.

Board members, district employees, district legal 10

counsel and the public have invaluable input to provide when deciding how and when to include technology in board meetings. Technology is all encompassing and will impact each of these individuals as well. Prior to implementing any new technology, consider who will be affected or who will need to use that technology and include them in the planning process. While the need for some conversations may be obvious, others may not be. For example, if a district plans on livestreaming its meetings, it should consult with those who are familiar with the facility where meetings are held. Older buildings may not contain the infrastructure needed to support updated Wi-Fi and improvements may be necessary before that type of project can move forward.

Another source of helpful guidance can be found in fellow public agencies. Technology advances quickly and can often outpace existing laws and policies. Public agencies frequently face the same challenges and another California Special Districts • July-August 2021

Good policies can set expectations and provide direction in difficult conditions. agency may have already evaluated a situation your district is addressing. One area where this can be helpful is when selecting technology providers for services such as website design and control, document security and storage, and social media management. Public agencies face unique issues such as compliance with the Brown Act, the Public Records Act and confidentiality and procurement requirements. Not all technology providers are familiar with these aspects and not all technology providers can provide the specialized services public agencies require. Colleagues at other agencies can share good and bad experiences with technology providers, so that your district can avoid problematic technology providers. These colleagues can also share how their agencies have dealt with introducing and maintaining new technology in their meetings. This can include advice on what policies and trainings have been useful, tips for managing public comments and how to provide equitable access to public meetings. They can also provide cautionary tales for policies or programs that did not work.

Finally, look for practical ways to support maintaining legal and effective meetings through establishing both external and internal policies, pre-meeting checklists and training opportunities.

Technology can be fickle and confusing even for the most experienced individual.

Couple that with the need to make sure that meetings remain compliant with open meeting laws, and it can create a very stressful situation.

Good policies can set expectations and provide direction in difficult conditions.

Internally, policies can set norms for board member behavior during meetings.

When meetings are held entirely via teleconference or in a hybrid format it can be difficult to pick up on social cues Volume 16 • Issue 4

and maintain the normal flow. Adopting policies for how board members will indicate they want to speak, and to discourage side or offline conversations, can help your meeting run smoothly.

Policies can also help the public feel comfortable participating in the meeting.

For example, establishing clear guidelines for how to access and actively participate in online meetings, including what accommodations are available, is not only required by law, but encourages attendance and involvement.

Advance preparation and checklists can expose potential problems prior to the meeting and give district staff time to address them. One task to incorporate is testing technology prior to the meeting, including Wi-Fi connection, and audio and video quality. Additionally, confirm that any access accommodations are in place and functioning. If possible, have an individual that does not have other pre-meeting tasks in charge of testing and running technology. Identify backup or alternative options if the main

technology does not work. For example, have board member phone numbers readily available in case teleconference audio for a board member stops working.

Offering training to board members, including individual or supplemental training, can limit technical and legal difficulties and help meetings run more efficiently and effectively. Training can be practical, such as teaching board members how to sign in and out of meetings, and use teleconferencing tools like the mute button and screen sharing function.

Consider providing checklists or “how to” flow charts. Training can also include legal guidance. Technology easily can lead to inadvertent violations of the law. Including multiple board members in an email or text message, or forwarding electronic messages can result in a serial meeting that violates the Brown Act. Board members may be unaware that their district-related electronic communications generally are subject to public disclosure under the Public Records Act. Changing laws make regular legal updates critical.

Technology can support, and in recent times, make possible, legally compliant public meetings and enhance their effectiveness, so long as districts carefully and thoughtfully integrate it.

Contact us for a free consultation

Supporting public agencies for almost 50 years OUR SERVICES Strategic Planning • Board Governance Public Outreach • Web Development • Document & Web Accessibility

rauchcc.com • 408-374-0977 11

UNLEASHING YOUR HERO Kevin Brown

CSDA ANNUAL CONFERENCE & EXHIBITOR SHOWCASE KEYNOTE SPEAKER

During the pandemic we’ve heard the words hero and essential on a daily basis. We’ve watched as everyday people in communities, families and organizations all over the planet rise to the challenges we’ve all faced during the crisis. And while we may not all be in the same boat, we have all most certainly been in the same storm.

One of the things that I have noticed during the past fifteen months is that crisis never makes heroes, it simply reveals them.

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California Special Districts • July-August 2021

FEATURE

We have watched people and organizations use this season to create new opportunities to serve their customers. They are not bogged down trying to manage change, they are busy leveraging change and solving problems for the people they serve. They understand that the goals haven’t changed, simply the path has changed. As leaders, they have gone to work managing human realities and corporate objectives. Focused on taking care of people and adjusting to the current circumstances while preparing to accelerate growth in the future ahead.

In the past decade, I have been around the world sharing an idea called The HERO Effect® with high achievers and world class organizations. An idea that all started with one simple question. A question that changed my life forever. Here’s the question;

What does a hero look like?

From our military men and women to world changers and first responders, we all recognize and believe in heroes.

In fact, if you ask most people what a hero looks like, they will define heroes as “ordinary people doing extraordinary things.”

While that is a noble ideal, we respectfully disagree. After chasing down heroes all over the world, from every walk of life, we believe that the definition of a hero is just the opposite.

A hero is an extraordinary person who chooses not to be ordinary.

This changed everything.

What I have learned is that heroes do certain things better than everyone else. They show up with a different mindset and focus. Specifically, I noticed four fantastic qualities that are evident every time a hero shows up:

Volume 16 • Issue 4

1. Heroes help people—with no strings attached.

Everyone comprehends that heroes help people. We understand on some level that helping others is a key ingredient to success in life. We have heard from many sources that serving others is the pathway to making a difference and creating wealth. Yet, even though we are taught this idea of servanthood, it has been my experience that most people actually don’t get it.

I have observed that most people try to be helpful to the extent that it’s worth their anticipated return on investment.

They evaluate if it is worth their time and attention to give something more for a greater something in return. In other words, there is a motive. There’s quid pro quo. It is conditional upon another

person’s action. Many people bargain, negotiate, and work an angle to get what they want. Heroes don’t do that.

Heroes help people ... with no strings attached. No pretense. No conditions.

No agreement. No contingencies. It’s the dot, dot, dot that separates the hero from everyone else.

Heroes approach their work and their life very differently. They bring a passion and a focus on the outcome for their customer, student, co-worker, and friend that is different from almost everyone else. They are not caught up in transacting business. They are deeply caught up, however, in transforming moments and leaving the people they serve wanting more.

Heroes step up and deliver excellence every single time, and because of this, their fans evangelize their story to the rest of the world. In business, they drive new customers and more business to heroes again and again and again.

You can become the hero whom people yearn to be around because they know that you operate with a “no strings attached” mindset. continued on page 14

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2. Heroes create an exceptional experience for the people they serve.

Heroes make life better. They simplify things and are easy to do business with. Heroes know that the easier it is to do business with them, the harder it is for the competition to take their customers. Heroes dominate the emotional space between their customer’s head and their heart. They know that if they make an emotional connection, people will fight to find the logic to support their decision to do business with you.

Exceptional service is worth going out of my way to invest my time and money with someone who is amazing at their job. That is what I want for my business, and it’s what I want for my personal life with my friends and family: to be the only choice; to be the obvious choice.

Isn’t that what you want?

The Nonnegotiables

The number one thing that keeps you from being your best is your decision to be ordinary. Deciding to show up and be like everyone else. Deciding to do the minimum required to get by.

If you want to be your very best, then decide on your non-negotiables. A nonnegotiable mindset deals in absolutes—the things that won’t be compromised—there is no bending or flexing. The things that you refuse to sacrifice at any price.

What do you stand for? Decide what will not be compromised in your life.

Decide how others will define their experience with you. Decide your own operational philosophy for life that will reach beyond your professional life and into everything you do.

3. Heroes take responsibility for their attitude, their actions, and their results.

There’s a motivational quote that says, “If it is to be, it is up to me!” How true it is.

Unfortunately, many people have modified that quote to say, “If it is to be, don’t look at me!” Average people are content to move their own integrity outside of their responsibility. They look to the people around them and point the finger. They blame leadership. They spend more time looking for the reasons they can’t get it done and zero time figuring out how to make it happen.

Heroes act differently. Heroes are the epitome of what it means to take responsibility for their results. They own the moment and know that every moment matters. They spend their time looking for ways to make it happen and produce the best possible outcome for the people they serve.

Heroes take responsibility and lead by example.

Representing California public agencies for over sixty years.

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

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Energy

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Environmental

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General Counsel

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888.479.4529

California Special Districts • July-August 2021

4. Heroes see life through the lens of optimism.

Optimism is different than positive thinking. Positive thinkers are great pretenders. If they encounter a challenge, roadblock, or obstacle, they pretend that it doesn’t exist. They believe if they ignore it, it might just disappear.

The optimist, on the other hand, encounters the same challenge, roadblock, or obstacle, and they face it head on. They don’t pretend it doesn’t exist. They acknowledge it as a problem that requires focus and attention to conquer.

Optimism gives heroes a couple of secret weapons. First, it gives them supernatural vision. It allows them to see what others cannot see. They see their jobs, their families, their communities, and their lives in a new light. They see things not as they are but as they can be—people not as they are but as they can be. They see situations

Volume 16 • Issue 4

and circumstances not as they are but as they should be.

Second, optimism is the great equalizer. It helps us process information differently—to see what others see but apply it in a different way.

Heroes use this power as leverage to stay one step ahead of everyone else and act in a manner that seems to give them a slight edge. “[Optimism] is like a muscle: the more you use it, the stronger it gets.” - Robin Roberts In order to serve others, heroes rise above the challenges and adversities of everyday life. They have conditioned themselves to be bigger than their problems. They lift themselves and others up and provide a new perspective.

Heroes look for solutions instead of reasons that it can’t be done. They learn how to look from above the fray where they can think, create, and decide on the things that are most important to move their highest priorities forward.

Becoming A Hero

Each of these qualities seems so simple, don’t they? However, if you were to be a champion of all four of these simple qualities, you would be a hero to everyone around you. That is a choice that you can make, starting now.

Kevin Brown, Motivational Speaker & Author

Kevin Brown’s unconventional path to business and personal success has taught him that winning in business and in life requires anything but conventional thinking. With a streetwise aptitude and a never quit attitude, he worked his way from the front lines in business to the executive boardroom. After a career in franchising, Kevin decided to retire from corporate America and pursue his passion for bringing The HERO Effect® message to as many people and organizations as possible. Kevin is on a mission to help people and organizations embrace a simple philosophy that separates world-class organizations and high-performance people from everybody else. He is passionate about helping people expand their vision, develop their potential and grow their results. To learn more, visit www.KevinBrownSpeaks.com.

15

MOVERS & SHAKERS

MOVERS& SHAKERS CSDA recognizes the service of Neil Cochran, who served on the Foresthill Public Utilities District Board of Directors from 2013 to 2021.

In addition to his board tenure, Neil was active in the Mountain Counties Neil Cochran Water Resources Association and other community organizations.

Chief Executive Officer (CEO) Marcie Frost announced that CalPERS has named Marlene Timberlake D’Adamo as its first chief diversity, equity, and inclusion officer (CDEIO), effective immediately. Timberlake D’Adamo has been serving dual roles as chief compliance officer and interim chief diversity, equity, and inclusion officer since June of 2020. Under the direction of the CEO, the CDEIO will work across the enterprise and the Investment Office to foster a culture of equality, respect and inclusiveness. The CDEIO will partner with the environmental, social, and governance investment team to help identify and analyze emerging DEI issues and opportunities supported by sound investment methodology and academic research that may impact the CalPERS portfolio.

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?

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Experienced water advocate Brenda Dennstedt has been appointed to the board of directors of the Metropolitan Water District of Southern California to represent the Western Municipal Water District, which serves both wholesale and retail customers in western Brenda Riverside County. A supporter of regional Dennstedt partnerships, she serves on the joint committees of Elsinore Valley, Rancho California and Eastern Municipal water districts, and is an elected member of the Association of California Water Agencies Region 9 board.

The Grossmont Healthcare District announced that Christian Wallis of the Chicago area has been selected as the new Chief Executive Officer for the public agency supporting health related programs and services in East San Diego County. Wallis will succeed outgoing CEO Barry Jantz, who retired Christian Wallis after 16 years of service. A Navy veteran, Wallis has over 27 years of leadership experience in the healthcare field in the private sector, the federal government and international healthcare settings. He most recently served as regional/state vice president of Health Information Technology Support Services for Advocate Aurora Health in Illinois. He also served as the VP of operations for Advocate Condell Medical Center in Libertyville, Illinois.

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

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

California Special Districts • July-August 2021

Congratulations on the retirement of Templeton Community Services District’s Laurie Ion, who devoted 32 years to the district and leaves a rich legacy of familyfriendly community activities. In her role as the San Luis Obispo County Chapter Laurie Ion of the CSDA administrator, Laurie was invaluable in organizing chapter meetings and speakers.

Coachella Valley Water District’s (CVWD) Operating and Capital Improvement Budget for fiscal year 2021 has received a Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada (GFOA). “This award is a shared honor with every department in the District --- both for the excellent work that each department does, and the collective effort that went into the creation of our budget book, which is a valuable reference guide and information tool,” said Geoffrey Kiehl, Director of Finance for CVWD. CVWD has received GFOA awards for the past eight years beginning fiscal year 2012.

Brian Cabrera

Luis Astorga

Noe Aguilar Vega

Each year, the Santa Barbara County Chapter of the CSDA recognizes the outstanding performance of special district employees and/or contractors in their area with awards and a dinner ceremony. Congratulations to the following winners!

• General Manager of the Year award: Brian Cabrera, General Manager – Mosquito & Vector Management District of Santa Barbara County • Professional/Staff Person of the Year award: Luis Astorga, Collections Systems Manager – Goleta Sanitary District • President’s award: Noe Aguilar Vega, Operations Manager Summerland Sanitary District •

During the Diversity Professional’s 4th Annual Women of Excellence Awards ceremony, Jasmin A. Hall, Inland Empire Utilities Agency’s (IEUA) Board President was presented with their 2021 Women of Excellence Leadership Award.

Jasmin A. Hall Hall was recognized for her outstanding professional excellence, achievements and contributions to her community. She has a proven track record of growth, success and influence in her profession, as well as maintains a passion for and commitment to the small business community.

The Cucamonga Valley Water District (CVWD/District) Board of Directors approved the selection of Mr. Eduardo Espinoza as the new Assistant General Manager. Mr. Espinoza joined CVWD in 2011. His major responsibilities include Eduardo developing strategic relationships to Espinoza advance the district’s regional agenda and ensure service objectives are met, and executing the district’s water supply planning goals. He oversees CVWD’s Engineering Services Department which is responsible for capital improvement projects; water, sewer, and recycled water master plans; Geo Information System databases and asset management systems; developer projects; and water resource management and water rights affairs.

Volume 16 • Issue 4

Valley-Wide Recreation and Park District Board Member Dr. Steve Simpson was recognized by the California Association of Recreation and Park Districts as the Outstanding Board Member for 2021. Simpson was presented his award at the 2021 CARPD Awards Banquet June 24 in Monterey. Also recognized were Dean Wetter, Outstanding General Manager; Pete Gregory, Outstanding Volunteer; and Healthy Valley Foundation, Outstanding Community Organization. More than 25 new parks and facilities have been added to the Valley-Wide District since Simpson joined the board of directors in 2010.

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COMMUNITY CONNECTIONS

Fresno Irrigation District’s Centennial Celebration Campaign

By Kassy D. Chauhan, P.E.

BETWEEN THE SAN JOAQUIN AND KINGS RIVERS, STRETCHING WEST FROM THE SIERRA NEVADA’S LOWEST FOOTHILLS, IS A LAND OF INCREDIBLE CHANGE. TODAY, IT’S THE HEART OF THE NATION’S GREATEST AGRICULTURAL GEOGRAPHY, AND SO MUCH MORE. WITHIN 250,000 ACRES OF THIS LAND HAS RISEN ONE OF CALIFORNIA’S GREATEST URBAN CENTERS, PULSING WITH COMMERCE, CULTURE, AND EVER-GROWING POPULATIONS. These farms and cities, so fortunately sited, are the product of generations of determined human motivation and struggle, as they are matched and paralleled by the development, management, and availability of the region’s most crucial natural resource – water. For 100 years, management and delivery of these life-giving supplies of water have been the responsibilities of an important and remarkable public agency that has evolved over time but continues to make advances in achieving its mission. This is the Fresno Irrigation District (FID) and its 100-year story.

To celebrate the Centennial Celebration and share their story, the district developed a consistent, high-quality outreach program to communicate with FID’s growers, municipal partners, and 18

internal and external stakeholders. The strategy was to develop FID’s capabilities to communicate across digital channels while maintaining its traditional communication channels.

The district developed three main arteries of communication to expand its reach: a video, social media channels and a website complete with storyboards to highlight the 100-year history, and a publication piece.

Centennial Video:

The cornerstone of this effort was the development of FID’s Centennial Video, created and produced by acclaimed producer Jeff Aiello with 18THIRTY Entertainment. This visually stunning nine-minute video chronicles the history of FID with a series of interviews along with narration by local historian Randy McFarland. The video starts with photos from the mid-19th century, and the story begins by describing the origins of FID’s water rights and the official formation of the district. Throughout the video, voices of FID growers, agency leaders who describe the functions of FID and FID frontline employees who are the backbone of the operations were included along with testimonials from municipal partners – all while highlighting FID’s importance to the region.

Always focused on the stakeholder audience, the goal was to celebrate 100 years of conveyance, commitment, and customer service by telling the water-rich story that laid the California Special Districts • July-August 2021

foundation for the development of the greater Fresno area and its agriculturally-based economy. This was accomplished by focusing on FID’s founding, purpose, people, and partners – all of which point to why FID is still going strong 100 years later.

In 2020, FID hosted an online Centennial Video Launch Event as the district pivoted its outreach in response to COVID-19. This allowed FID the opportunity to explore a deepening in digital fluency. The program was hosted by FID Board President Ryan Jacobsen, FID General Manager Bill Stretch, and video producer Jeff Aiello, allowing for an insightful discussion about the Centennial, FID, and the production of the video. Over 350 stakeholders attended the virtual event, and it was covered by multiple local news media outlets.

A video of the panel discussion including the reveal of the centennial video can be viewed on the website at www.fresnoirrigation. com/centennial-video.

Centennial Website and Social Media:

FID created a page on its website to highlight the celebration of the centennial. Through the creation of Facebook, Twitter, Instagram, LinkedIn, and YouTube accounts, this information is being shared while always pointing back to FID’s website to encourage stakeholders to engage. These channels are useful for the Centennial Celebration and will allow FID to deepen connections to stakeholders long after the celebration subsides. The centennial website includes vintage photos and showcases a variety of topics covered throughout the year. This photo collage provides website visitors with a peak into FID’s rich history and incorporates details on many topics in an easily digested format.

Centennial Storyboards:

Beginning January 2020, FID released historical and informational banners monthly digging into eras of importance to FID, what FID does, and explains in lay-fashion the water’s journey from the snow-capped continued on page 20

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Volume 16 • Issue 4

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Sierra Nevada mountains to its final destinations. The topics of the storyboards are aligned with the topics on the centennial website. Each month a new storyboard was posted to the website and a new banner was created.

The banners allow FID’s story to be taken on the road for years to come.

Results

Centennial Publication:

Transparency

“A Century of Excellence” was authored by local historian J. Randall McFarland, and is a full-color publication detailing the FID story.

It was recently awarded the coveted Tractor Award from the Fresno County Farm Bureau – Journalism Award. FID’s centennial caught the attention of many local, state and federal elected officials and it was an honor to have many of them join into the celebration.

The results from this extensive outreach and education have been evident by increased social media followings, increased unique website visitors, increased e-news subscribers, and invitations by local media and service groups regarding speaking events.

The centennial publication was published in fall 2020 and a digital copy is available on the district’s centennial website at:

A large majority of water conveyance work goes unseen, leading stakeholders often wondering what FID does yearround, and especially during water delivery’s off-season. Taking time to illustrate that work in the context of FID’s history allows for telling a more complete story, providing stakeholders a broad picture of how FID continuously supports life and agriculture in the district.

FID’s centennial website can be viewed at www.fresnoirrigation.com/centennial.

www.fresnoirrigation.com/ centennial-publication.

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California Special Districts • July-August 2021

Questions Appear in CSDA Online Communities

YOU ASK, WE ANSWER

Q&A

Meeting Minutes Gary Neumann General Manager, Weott Community Services District Hello Everyone, I am curious, do any boards have the board secretary forward the unapproved minutes from a meeting to the Board Members prior to the following meeting (where they would normally approve minutes to make official record) for them to review? In the past, the minutes from a meeting have been presented to the board at the next board meeting where they are either approved or approved pending any corrections that they identify.

Volume 16 • Issue 4

Rachel Mason Executive Director, Fallbrook Regional Health District Gary, we send the draft minutes of committee meetings to the committee chairs and our board chair and i review the regular board minutes prior to going to the full board at the regular meeting. We keep a more action-style set of minutes and this ensures we keep all recommendations and key conversations on track.

Kim Gustafson Office Facilitator/Board Secretary, Grizzly Flats CSD Hi Gary!

About one week before our monthly board meeting I distribute the draft minutes for review along with our proposed agenda for the upcoming meeting. Since we have them review the minutes in advance, we are able to include them for approval on our agenda as part of the consent calendar.

Debi Pizzo Public Relations/Board Secretary, Quartz Hill Water District Hi Gary, Our board receives the draft minutes with the next agenda packet, and most every time, I send it 6 days in advance of the meeting. This gives them plenty of time to review and prepare. In the unusual event that there is an amendment to the minutes, they approve them with the directive to make the change.

Hope that helps you compile info.

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.

Engage with your peers and ask questions on CSDA’s Open Forum community!

21

SOLUTIONS AND INNOVATIONS

Energy Resilience: A Smarter Approach for Special Districts

C

By Josh Steeber, Account Executive, Centrica Business Solutions

itizens within geographical boundaries managed by their special districts rely on the services and facilities that these institutions provide. In the event of a power outage, citizens depend on special districts to keep the lights on, communication systems running, and emergency services operational.

With both the frequency and severity of natural disasters increasing every year, special districts need to prioritize improving their energy resilience in the event of extended power outages.

THE GROWING NEED FOR RESILIENCE Resilience is a growing need in California particularly, where services and facilities provided by special districts are vulnerable to both unplanned power outages from wildfires and planned Public Safety Power Shutoff (PSPS) events.

Forward-thinking special districts need to plan for the future by ensuring continuity of energy supply to their critical operations in the event of a power outage.

In addition to the safety benefits, increasing resilience 22

in the services and facilities that special districts provide can prevent future climate-related damages and economic losses.

Loss of power can have devastating consequences if a special district doesn’t have a plan for resilience to protect its core services. For example: • If there is no power to a wastewater treatment plant, no water is being treated. Wastewater treatment plants are critical to ensuring pollutants are removed from wastewater before being released into local waterways for use in crop irrigation, drinking water, or ensuring aquatic life isn’t impacted.

• If there is no power for wells, the pumps won’t be able to keep wells filled to provide water for the public.

• If a fire station loses power, emergency response equipment could be compromised. During wildfire season in particular, any resilience threat to fire stations could be devastating and potentially result in loss of life, as these emergency services are the main lifeline to fighting fires.

• If a critical facility – like a shelter, cool zone, or hot zone – loses power, it could result in loss of life.

California Special Districts • July-August 2021

SPECIAL DISTRICTS NEED A FORWARD-THINKING RESILIENCE PLAN Every special district should have a resilience plan to keep public services and facilities running, and emergency services operational when the grid goes down. The traditional approach to backup power for critical facilities is not a longterm, sustainable, or environmentally-friendly solution.

Diesel back-up engines in particular emit toxic emissions and are subject to air district requirements regarding air pollution.

In addition, they are often unreliable and come with the financial burden of substantial maintenance.

Today’s forward-thinking agencies require new ways of thinking, with the overall goal of securing energy resilience while reducing energy costs and supporting sustainability goals. There needs to be renewed focus on state-of-the-art, clean energy technologies, data-driven solutions, and adaptive processes for reinforcing existing infrastructure and meeting critical needs. And new thinking is required in terms of budget planning and project finance opportunities.

A FOUR-STEP APPROACH TO RESILIENCE 1. Form a strong task force An effective resilience plan depends upon collective action, collaboration, and buy-in of key stakeholders. One of the first steps in creating an effective resilience plan is to identify the appropriate individuals who should form the resilience task force. They should have a thorough understanding of the special district’s role, challenges, and opportunities and may include such roles as the facilities manager, utility rep, or someone from the fire department. It may help to engage existing organizations that have experience working on resilience efforts or crisis management.

2. Understand your energy usage profile It’s important to understand a facility’s energy use and operational performance in order to determine what systems will need to remain on 24/7 for long-term power outages. This effort is necessary to ensure that non-negotiable systems are prioritized, energy is not being wasted powering systems that don’t need to run continuously, and specific opportunities for reducing energy consumption can be identified. The critical load of a facility is divided into 3 tiers, and your task force should identify systems that fall within each tier: • Tier 1 = Critical load, must be available 100% of the time (for example, this could be 10% of your facility’s overall load) • Tier 2 = Priority load, must be available 80% of the time (this could be 15% of your load) • Tier 3 = Discretionary load, can be available 30% of the time (this could make up the remaining 75% of your load) Many special districts don’t have a clear understanding of how much energy they use on a daily basis, or the profile of that usage. The amount of energy a backup system needs to Volume 16 • Issue 4

generate – in order to power a facility’s load per the tiered requirements outline above – is driven by the profile of your daily energy usage. This information must be collected and analyzed to ensure that an appropriate plan and design are put into place to provide appropriate coverage to each load tier in the event of a long-term power outage. Efforts should be made to reduce consumption wherever possible – not just to reduce energy wastage, but to also reduce carbon emissions and energy costs. Ultimately, this effort enables you to understand your energy usage patterns and to reduce the energy needed to maintain critical functions during a grid outage.

3. Determine costs and technology options Diesel generators are no longer the solution to resilience.

Special districts need smarter and cleaner power technologies in their resilience strategy. Diesel generators can certainly play a role in a resilience plan, but other on-site generation and energy storage sources integrated into a bundled solution are best positioned to provide backup power during an emergency – while also delivering sustainable, on-site energy continued on page 24

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23

that can reduce utility bills year-round.

One such integrated solution is a microgrid. Microgrids are power solutions made up of on-site generation and energy storage sources that enable a facility to operate independently – disconnected from the grid – and act as local miniature power grids. One prominent example is a microgrid made up of a solar PV array, a battery storage system and a small back-up generator. This solution enables a facility to generate energy on-site while grid-connected, which reduces grid consumption and saves on energy costs, while also allowing the facility to island itself from the grid in the event of a power loss and maintain its own reliable, uninterrupted supply of energy for the duration of the outage. Understanding your energy usage profile and your tiered resilience requirements is important

24

for determining what technologies to implement, how to size each technology, and the design of the overall system.

Incentives are available to encourage the adoption of various technologies, like solar and storage. These incentives can lower your upfront cost of investing in these technologies. Implementing technology that delivers benefits yearround, not just during a power outage, will deliver long-term energy savings that can free up budget to be invested in other community needs.

4. Partner with local utilities The task force should work closely with the facility’s local utility to promote grid stability. Programs should be developed to foster implementation of renewable energy solutions and to increase consumer understanding of Distributed Energy Resources (DERs) and available rebates.

IMPLEMENTING THE PLAN But planning is just the first step.

The hard part is turning plans into action and action into results.

Special districts can benefit by partnering with resilience experts to help them achieve their goals and implement their resilience plan.

Accredited members of the National Association of Energy Service Companies (NAESCO) can review task force findings and recommendations, conduct energy audits on identified critical buildings, facilitate funding, and implement all necessary infrastructure upgrades. Energy services companies like Centrica Business Solutions can help you navigate all available opportunities and deploy secure, flexible, and affordable on-site energy generation technologies in-line with your resilience strategy.

California Special Districts • July-August 2021

2019 BOARD SECRETARY/CLERK CONFERENCE SPEAKER

Business Affiliate Special Acknowledgements BUSINESS AFFILIATE

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

Richards Watson Gershon www.rwglaw.com

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Best Best & Krieger www.bbklaw.com

Umpqua Bank www.umpquabank.com

Liebert Cassidy Whitmore www.lcwlegal.com BUSINESS AFFILIATE

GOLD LEVEL

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Five Star Bank www.fivestarbank.com

Olivarez Madruga Lemieux O’Neill, LLP www.omlolaw.com

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Granicus www.granicus.com

Brown Armstrong Accountancy Corp. www.bacpas.com

Interwest Consulting Group interwestgrp.com

Redistricting Partners www.redistrictingpartners.com

Schneider Electric North America www.se.com

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

Kutak Rock, LLP www.kutakrock.com

SoCalGas www.socalgas.com

California CAD Solutions, Inc. www.calcad.com

Laserfiche www.laserfiche.com

Streamline www.getstreamline.com

Centrica Business Solutions www.centricabusinesssolutions.com

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

Tripepi Smith www.tripepismith.com

CPS HR Consulting www.cpshr.us

Nossaman, LLP www.nossaman.com

Actuarial Retirement Consulting Actuarial Retirement Consulting (ARC) is excited to be working with CSDA to provide a variety of actuarial services at discounted rates for CSDA members.

ARC provides consulting and GASB compliant reports for retirement benefit plans including pensions, stipends, and other postemployment benefits. These benefits fall under GASB statements 68, 73, and 75 and, in most cases, require biennial valuation reports and annual disclosure reports. ARC can help to identify which statements are required as well as the timing and deadlines to follow, based on the benefits available to employees in retirement. GASB statements are complex, and each employer sponsored plan is different, which is why ARC provides consulting at no additional fee. ARC is conscientious to serving government agencies and has partnered with CSDA to provide members with competitive, discounted, flat fees.

To learn more about ARC, visit www.AwenARC.com. To determine your reporting requirements or request a scope and fees document, please email mmcgee@AwenARC.com or call (503) 523-8944.

Volume 16 • Issue 4

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LEGAL BRIEF

Brown Act in the Pandemic Matrix: Finding Your Way Back in a Post-Pandemic Reality

By Eddy Beltran and Jeff Hoskinson, Atkinson, Andelson, Loya, Ruud & Romo

The Ralph M. Brown Act (Govt. Code §54950 et seq.) (“Act”), passed in 1953, governs the conduct of, and the public’s participation in, local legislative body meetings. Government Code section 54950 sets for the Act’s legislative intent that actions of local legislative bodies “be taken openly and that their deliberations be conducted openly.” The COVID-19 pandemic tested this intent as we all worked to maneuver through a new normal, and public meetings and life in general transitioned from the physical world and into a digital world analogous to The Matrix.

With the pandemic waning, and pandemic-related orders expiring, the question now is how difficult will be it to find our way out of that matrix. Or, perhaps more realistically, the question of which, if any, of the pandemic’s temporary Act authorizations will remain. The answer thus far is “none,” but activity in Sacramento suggests that may very well change.

As many know, the Act covers a wide range of topics applicable to local 26

legislative body meetings, including: 1) notice and agenda, 2) legislative body conduct and 3) public attendance and comment. As the dangers from COVID-19 reached the public’s awareness in February and March 2020, it became abundantly clear that business-as-usual was not going to work for open public meetings—meetings that depended on in-person and open attendance for the public. Compliance would, at minimum be challenging, if not impossible.

For example, Government Code section 54953(a) provides that, subject to certain exceptions, “all persons shall be permitted to attend any meeting of the legislative body of a local agency.” When it looked like physical attendance at meetings might be prohibited, local agencies looked to the Act’s teleconferencing provisions for a solution, but soon realized that they also had problematic requirements. The Act requires a local agency that uses teleconferencing to, in part: 1) post agendas at all teleconference locations, 2) identify the teleconference location in the notice and agenda of the legislative body meeting, 3) make each teleconference location accessible to the public and 4) allow members of the public to “address the legislative body directly…at each teleconference location.” Gov. Code §54953(b)(3).

As all agencies are undoubtedly aware, in March 2020 Governor Gavin Newsom issued a series of Executive Orders, including N-2520 and N-29-20, which suspended key, but now impractical, parts of the Act and provided alternative methods to transparently carry out the public’s business. For the better part of the last 18 months, local agencies have been operating under the authorizations set forth in N-29-20. N-2920 suspended the traditional teleconferencing requirements mentioned above and provided simplified means to hold public meetings via teleconferencing while making the meetings accessible to the public for viewing and comment California Special Districts • July-August 2021

“telephonically or otherwise electronically.” N-29-20 also waived all provisions of the Act requiring the physical presence of board members or the public.

Because N-29-20 did not remove the Act’s traditional methods of compliance and only authorized an alternative means of compliance, we saw a number of different compliance methods during the pandemic including, but not limited to, a) board members, staff, and public all in person, b) board members and staff in person with public observing and commenting “telephonically or otherwise electronically,” (c) staff in person with board members and public teleconferencing, and (d) everyone teleconferencing with the public commenting “telephonically or otherwise electronically”. Although all of these methods had their own pros and cons, on June 11, 2021, the Governor issued Executive Order N-08-21, setting September 30, 2021 as the expiration date for the “virtual” meetings authority provided by N-29-20 and the “physical presence” waiver. As a result, beginning on October 1, 2021, local agencies will have to return to in-person meetings and those agencies that want to use teleconferencing will have to comply with the stricter teleconferencing Act requirements that existed before the pandemic.

In anticipation that the authorization of N-29-20 would not last forever, in late 2020 and early 2021 California legislators Volume 16 • Issue 4

introduced legislation to authorize or require various electronic means of public observation and participation under the Act on a permanent basis. Many of those efforts “died” in the current legislative session, but some are still being considered, including AB 361 (Rivas).

AB 361 is sponsored by the California Special Districts Association (“CSDA”) and focuses on a local agency’s ability to meet remotely during declared emergencies.

As summarized by CSDA, AB 361 would 1) allow local agencies to meet remotely during a declared state of emergency or a declared local emergency, 2) remove the requirement to post meeting notices and/or agendas in physical locations when remotely meeting during an emergency, 3) remove the requirement to make all remote meeting sites accessible to the public, 4) remove the requirement to include the remote location details in the meeting notice or agenda during a declared state of emergency or a declared local emergency and 5) remove the requirement of physical attendance by local agency board members at remote sites within the territorial bounds of the agency during a declared state of emergency or a declared local emergency.

We believe that more bills will likely be introduced as we get back to our pre-pandemic normal because N-29-20, in certain respects, helped local agencies and the public achieve the intent of the Act. Interested parties will likely look to

implement and codify the “best” aspects of N-29-20 in the months and years to come.

Until that comes to pass, however, public agencies must make preparations to return to their original pre-COVID world. Public meetings will be required to offer in-person attendance.

Board members will be unable to teleconference to meetings unless the location of their teleconference is published on the agenda, an agenda timely posted at that alternative location, and the public offered an opportunity to attend at that location.

Some modifications can, however, remain.

While the Brown Act will once again mandate in-

person options for public attendance, nothing would prevent public agencies from allowing public attendance via teleconference, videoconference, or similar options, potentially increasing ease of access to the public. Similarly, in many cases, consultants and other professionals could likewise be scheduled for remote attendance, potentially saving time and money for agencies across the State. So while life will start to look more like “normal,” there is no reason why the lessons of the last year cannot be applied in a way to aide in the ultimate mission—to provide open, efficient, and transparent public meetings.

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TAKE ACTION

CSDA SECURES COVID-19 RELIEF FUNDING FOR SPECIAL DISTRICTS $100 MILLION COVID-19 RELIEF FUND FOR INDEPENDENT SPECIAL DISTRICTS THAT CAN DEMONSTRATE FISCAL IMPACTS DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY.

F

ollowing more than a year of advocacy efforts at the state and federal levels, introduction of four federal bills, hundreds of meetings with state legislators, congressional representatives, and key staff, the formation of a coalition of over 750 organizations and individuals, and two letters to Governor Gavin Newsom each signed by over 40 legislators, special districts have secured direct access to COVID-19 relief funding.

AB 128 (Ting), the Budget Act of 2021 – “Budget Bill in Chief” was signed by Governor Newsom and chaptered on June 28. This version of the budget reflected the State Legislature’s agreement and did not represent negotiations with the Governor’s administration. The budget is an urgency measure and went into effect as soon as it was signed.

SB 129 (Skinner), the Budget Act of 2021 – “Budget Bill Junior” significantly amended provisions in AB 129 to reflect general agreement between the Governor and the Legislature and was signed by the Governor and chaptered July 12, going into effect immediately. Not all details were fleshed out in this main budget bill junior and subsequently the Legislature passed several other budget bills junior and trailer bills pertaining to a host of specific issues that reflected further agreements before adjourning for summer recess on July 16.

Funding specific to special districts appeared in the Budget Bill in chief and provisions further guiding some of the details of those funding programs were passed in budget trailer bills.

Below is an update on where budget items specific to special districts were enacted: 28

• SB 129 formally amended the language originally approved under AB 128, the package first sent to the Governor, and now provides $100 million from the state General Fund “available to provide fiscal relief to independent special districts that have encountered unanticipated costs or loss of revenue due to the COVID-19 public health emergency and that have not received other forms of fiscal relief from the state or federal government.”

• The Department of Finance (DOF), in consultation with the California Special Districts Association, will develop a plan to distribute the funding by September 1, 2021, and DOF must notify the Joint Legislative Budget Committee of the plan by that date.

• Further, the language provides additional details regarding what the plan for distribution must consider: • “The plan shall provide to each qualifying district that applies for relief a prorated share of the amount appropriated in this item, • With each district’s share based on its proportionate share of revenue losses reported by all qualifying districts from all fund sources between the 2018–19 and 2019–20 fiscal years, as reported by the district to the department.

• Applicant districts shall self-attest to the accuracy of all information reported to the department.

• Upon completion of application reviews, the department shall order the Controller to remit funds to each county auditor-controller for all qualifying districts in each county. The county auditor-controller shall disburse these funds to each qualifying district within 30 days of receipt from the Controller.”

CSDA applauds the State Legislature and Governor for recognizing the efforts of special districts in confronting COVID-19 in the delivery of essential services to millions of Californians. In particular, the efforts of Congressman John Garamendi who first authored the Special Districts Provide Essential Services Act in Congress and State Senator Melissa Hurtado who organized the legislator signon letter in the State Legislature were instrumental to our collective success, as was the bi-partisan support from the State Senate and Assembly Budget Committees chaired by Senator Nancy Skinner and Assemblymember Phil Ting respectively.

California Special Districts • July-August 2021

As the representative of all special districts, CSDA is pleased to consult in the ongoing State Budget process related to COVID-19 relief and the association is working constructively with DOF, the department which will make final determinations in the successful implementation of this important source of fiscal relief.

$1 BILLION IN WATER UTILITY HOUSEHOLD ASSISTANCE AND NEARLY $1 BILLION IN ENERGY UTILITY HOUSEHOLD ASSISTANCE. While the budget package indicated agreement for the level of funding for utility arrearage programs, the details of eligibility and distribution are included in budget trailer bills AB 148 and AB 135. These two bills implement the funding appropriated in SB 129 (Skinner). These are understood to be trailer bills in their final form, and CSDA does not anticipate future opportunities to amend the language.

AB 148 is the public resources budget trailer bill and includes the program for distributing just shy of $1 billion for water and wastewater arrearages. The California Water and Wastewater Arrearage Payment Program is established in Section 116773.4 and would require the State Water Resources Control Board (SWRCB) to establish guidelines for application requirements and reimbursement amounts for community water system arrearages and shortfalls.

If there are insufficient funds appropriated for purposes of the program, SWRCB would then have to disburse the funds on a proportional basis to each community water system applicant based on reported arrearages and shortfalls. However, if there are sufficient funds appropriated for purposes of the program after community water system arrearages and shortfalls are processed, then the SWRCB would establish a similar program for funding wastewater Volume 16 • Issue 4

treatment provider arrearages and shortfalls with the remaining funds no later than February 2, 2022.

The SWRCB will have 90 days following an appropriation being made to develop the program and pass a resolution detailing application guidelines for community water systems and must start accepting applications for the program within 14 days of adopting the resolution. Note, AB 148 also contains drought relief language.

AB 135 is the budget trailer bill dealing with human services and includes the language for distributing almost $1 billion for past due electric and gas utility bills. Article 12, commencing with Section 16429.5, establishes the California Arrearage Payment Program (CAPP) under the American Rescue Plan Act of 2021, which will be implemented by the Department of Community Services and Development (CSD). All residential and commercial energy utility customers are considered eligible for CAPP assistance. Once made available

by CSD, to receive CAPP funding a utility applicant will be required to complete both a utility survey and

CAPP application including submitting all necessary data and information to support the utility applicant’s request for CAPP funding. CSD will contact any utility company that does not respond during the initial 60-day application period to inquire as to the status of the utility’s CAPP application.

Once the appropriation is made, CSD has an initial 90-day period to survey utility applicants to obtain data pertaining to the total number of residential and commercial customer accounts in arrears to determine the total statewide energy utility arrearage and to develop an allocation formula for determining each applicant’s share of CAPP funds.

Note, this bill also contains provisions pertaining to The LowIncome Home Energy Assistance Program in Section 16367.51 to prioritize and expedite services that reduce energy arrearages for lowincome households. Additionally, it establishes the Low-Income Household Water Assistance Program in Section 12087.2 to prioritize and expedite continued on page 30

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services that reduce arrearages for low-income households.

The state has received $116 million in federal relief dollars to fund this program, which will be implemented CSD according to federal guidelines.

CSDA continues to work with coalition partners, other stakeholders, and the implementing regulatory agencies to better understand how the funding processes will unfold.

Special districts should monitor the CSDA eNews and Advocacy News community posts for updates.

OTHER FUNDING OF INTEREST INCLUDED IN THE FINAL BUDGET PACKAGE. • $250 million in economic assistance California’s public ports. The State Lands Commission will allocate the funding to California’s public ports based on their revenue losses resulting from the COVID-19 pandemic.

• Significant investment in local priority transit projects.

• Over $3 million in one-time General Fund dollars to support grants to local library jurisdictions to acquire bookmobiles and vans, and provides an additional $439 million on a onetime basis to support an equity-focused matching infrastructure grant program to support local library

maintenance, capital projects, broadband and technology upgrades, and purchasing of devices.

• $1 million in ongoing funding for the California Vectorborne Disease Surveillance Gateway (CalSurv) pest abatement program.

• Package addressing environmental and community resilience concerns, with program details yet to be determined.

The spending levels include: • Climate Resilience: $3.7 billion over three years, $440 million General Fund in 2021-2022 • Cap-and-Trade Spending Plan: $720 million • Water and Drought Resilience: $730,700,000 General Fund in 2021-2022 • Wildfire Prevention & Resilience: $258 million General Fund, plus additional special funds in 2021-2022, plus $500 million General Fund in 2022-2023.

• Local Parks Grants: $200 million from the General Fund in 2021-2022.

• Agriculture Budget Plan: $200 million General Fund plus special funds • Circular Economy: $65 million General Fund in 20212022

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31

MANAGERS CORNER

COVID HAS CHANGED PUBLIC ENGAGEMENT AND CREATED NEW OPPORTUNITIES FOR EQUITY & ACCESS

By Hanna Stelmakhovych, Program Manager, Institute for Local Government

T

he world of public engagement has shifted dramatically since the onset of the COVID-19 pandemic. Special districts adjusted their approach and embraced virtual participation and digital engagement. As a result, many local governments saw an increase in participation in public meetings and online engagement activities.

Virtual options allowed more residents and stakeholders to participate in meetings and workshops.

Once community members were comfortable with the emerging technology, they noticed and appreciated the logistical benefits of signing on to virtual events. In many cases the demographics of public meeting participation shifted because of the ability for working parents, students and others to participate from the location of their choice,

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signaling an ongoing public commitment to staying involved when the environment is flexible.

Many special districts also experienced cost savings because of decreases in the travel and out of pocket costs typically associated with in-person events.

Increased participation, decreased cost and reduced travel time are just some of the benefits of online engagement. As California begins to reopen, special districts have an opportunity to build on this virtual engagement momentum by offering a mix of online and in-person engagement activities that are aligned with needs of the demographics of their community. Below are some tips for achieving the right balance.

California Special Districts • July-August 2021

Understand Accessibility Levels and Minimize Barriers to Technology To ensure equity and inclusivity -- and further expand engagement opportunities -- special districts should consider and address access barriers that limit engagement.

According to the 2015-2019 American Community Survey (ACS), 86.7 percent of households in California have a broadband internet subscription, but these numbers vary by community and demographics, with senior populations often having the lowest access.

When deciding on the right balance between in-person and online engagement, special districts need to consider all possible tools. For example, when promoting engagement opportunities, continue to utilize conventional communication methods for residents that do not have reliable internet access: mailers, radio, TV, door hangers, etc.

“The use of virtual community coffees, video updates, online surveys, and virtual meetings helped our District connect with our community and increase community participation,” says Noelle Mattock, El Dorado Hills Community Services District Board President. “Traditional outreach like print and earned media help bridge the digital divide when addressing equity and inclusion.”

Understanding computer literacy skills and how your community connects to online events is another factor to consider. For example, if a workshop’s design includes breakout groups, voting, translation, closed captioning, etc., remember that navigating these technology features on a cell phone or tablet may be incredibly challenging.

For highly interactive virtual meetings, laptops or desktops are likely the most suitable devices.

To achieve higher participation and more positive experiences for groups that meet regularly, such as steering committees, special districts could Volume 16 • Issue 4

consider providing participants with enabling technology, like a basic laptop, if budgets allow. One option to consider reducing costs is to partner with a local library or nonprofit that may be able to purchase and/or lend the equipment to participants.

“After working through a variety of challenges, we eventually developed a program to allow resident members of our community steering committees to borrow laptops with cellular connectivity thereby giving them a way to meaningfully engage in our regular meetings,” says Jaime Holt, Chief Communications Officer at the San Joaquin Valley Air Pollution Control District.

Provide Low Pressure Technology Training Sessions to Level the Playing Field If participants do not find the engagement tool or meeting platform intuitive, they may be less likely to actively participate in virtual events.

Consider providing low pressure training opportunities to guide participants through the features of the online platform.

The Institute for Local Government (ILG) has seen these kinds of trainings executed successfully with a variety of formats.

Community partners can offer one-on-one training sessions to individuals or families. District staff can host a training webinar providing a short tutorial or overview of the major functionality of the platform, or invite residents to test and troubleshoot the technology before the meeting. Publishing or re-printing a short “how-to” document is another relatively quick and easy solution to simplify the technology orientation process. continued on page 34

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Consider Accommodations for Language & Other Needs Hands-on training opportunities may help minimize some barriers to participation, but don’t forget to provide language and other accommodations to make your virtual meetings accessible to all.

Nearly 44 percent of California residents speak a language other than English at home and nearly 6.5 million of these residents have limited English proficiency, according to the ACS. To plan and implement equitable and inclusive engagement, try to understand the language needs and capacities of your community.

While offering standard interpretation during the meetings is fantastic first step, if you want to deepen education and engagement, consider translating materials, surveys and chat comments. Mailing translated materials upon request and displaying sideby-side translation on the screen are other ways to accommodate language needs. Try to provide sign language interpretation and close captioning for hearing impaired residents and magnification and text-to-speech options for vision impaired participants.

OPPORTUNITIES TO LEARN MORE If you would like to learn more about virtual engagement, meeting design and strategies to plan for meaningful and equitable engagement register for ILG’s virtual TIERS Public Engagement Training. ILG’s TIERS Training provides a step-by-step framework to plan and implement your next engagement effort in more effective and inclusive ways.

September 9 &10 /10am-3pm Find out more at www.ca-ilg.org/TIERS To learn more about TIERS and ILG’s public engagement work, visit www.ca-ilg.org/engagement or contact Hanna Stelmakhovych at hstelmakhovych@ca-ilg.org.

Language is critical to engagement.

Using accessible, easy-to-understand verbiage, terminology and materials can help residents feel connected to the process.

“While I understand conversational English well, professional translation and interpretation help me better comprehend complex policy concepts, terminology and cultural realities. I feel more comfortable knowing that I share relevant comments and informed feedback,” reflects Alex Ilyushin, member of the Sacramento Slavic Community.

While hosting a separate event for other languages is an option, bringing people together with diverse cultural backgrounds has undeniable benefits

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including inclusivity, shared learning and building community connections.

Focus on Interactive and Authentic Engagement Interactive and engaging meetings can help keep participants focused.

To achieve that, the design of your meeting should include a broad mix of presentations (lectures) and activities that create space for dialogue and active participation.

Whether online or in-person, a good rule of thumb is not to lecture for more than 10-15 minutes. Showing short videos, launching interactive polling and encouraging individuals to write in the chat box are some meeting design elements that will cater to a diversity of learning styles.

In both small and large group settings, try to create space for the audience to tell their stories. By sharing their lived experiences, participants can better connect with each other, find shared values and can see the issue at hand from different perspectives.

“Public meetings are a great way for community members to connect on a personal level with their fellow residents and special district staff or board. Creating opportunities for residents to share insights about their own personal experiences and goals will help build bridges and form lasting relationships,” says Erica L. Manuel, CEO & Executive Director of ILG. California Special Districts • July-August 2021

Special districts should also think about providing a variety of opportunities for participants to submit comments and questions.

Some people prefer to speak at a microphone, others like to submit their comments in writing and still others may prefer anonymous polling to provide their input. The goal of both virtual and in-person meetings is to create positive and inclusive engagement experiences. Feedback structures should support that goal.

Expand Access While Managing Costs

Many local governments express concerns about the cost of these added services. But there are creative ways to reduce out of pocket expenses.

For example, you might have multi-lingual staff 21 - 1/4members pg. Ad in your agency. Nonprofit and communitybased organizations may also be able to provide translation or interpretation services and offer guidance. Community partners can be trusted advisors in this process and will appreciate the efforts made to increase access to a broader population.

Virtual Engagement is Here to Stay Even after COVID restrictions are lifted, online participation will likely remain a popular due to its conveniences.

“While I believe there is no substitution for in-person communication and participation, I foresee a continued role for well thought out virtual interactions so that more community members can participate and engage in their local governments,” comments Noelle Mattock.

Technology is evolving, and additional features are becoming available to increase accessibility and functionality. The next challenge will be exploring how to create fully engaging and simultaneous hybrid meetings that seamlessly interface with the in-person activities. And while challenges exist, every challenge comes in tandem with an opportunity. Public engagement brings exciting prospects for partnership with community organizations and residents, a chance to learn together and define inclusive engagement processes and equitable solutions in each unique community.

The Institute for Local Government (ILG) is a nonprofit organization that has served and supported California’s local government leaders for over 65 years. As one of CSDA’s close affiliates we work with local agency staff and elected officials to help them build a strong foundation of good government – trust, accountability, responsiveness and transparency – and respond to emerging and emergent events.

ILG provides education and training to local government leaders in the form of webinars, workshops, consulting services and written resources.

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35

DISTRICTS MAKE THE DIFFERENCE

MAKE THE

DISTRICT SPOTLIGHT:

RESOURCE CONSERVATION DISTRICT OF THE SANTA MONICA MOUNTAINS CSDA’s Districts Make The Difference (DMTD) public outreach campaign is committed to promoting the important work of special districts. Today we shine the spotlight on the groundbreaking work of one of our members.

Wilderness areas in Southern California are often fragmented by freeways. This has become a problem in the Santa Monica Mountains, particularly among the mountain lion population. Wildlife is either unable to migrate or put themselves in great danger attempting to cross the freeways that bisect their habitats.

According to the Resource Conservation District of the Santa Monica Mountains (RCDSMM), “migration is necessary to maintain genetic diversity, without which populations move toward local 36

extinction.” Thankfully, RCDSMM has a plan to ensure migration continues.

The district has partnered with Caltrans, the National Park Service, the National Wildlife Federation, the Santa Monica Mountains Conservancy, and the Mountains Recreation and Conservation Authority to design the first two of three design phases of the Wildlife Crossing at Liberty Canyon.

The proposed Wildlife Crossing at Liberty Canyon will be a 165-footwide, 200-foot-long crossing that spans Highway 101. This will allow mountain lions and other wildlife to cross safely from one side of the freeway to the other. The crossing will include a larger habitat area to encourage use by animals. The area was badly damaged by the 2018 Woosley Fire, but is currently being restored by the RCDSMM with great success.

As RCDSMM Executive Officer and Architect Clark Stevens noted in the New York Times, “Ideally the animals will never know they’re on a bridge. It’s landscape flowing over a freeway. It’s

putting back a piece of the ecosystem that was lost.”

The completed design development phase model, drawings and renderings were delivered to the Project Partners and CalTrans last year, for their use in completing their Final Design with their consultant team. The RCDSMM has continued to support the project as a partner in the CalTrans Final Design Oversight Committee. The project is scheduled to break ground soon and be completed by 2023.

Kudos to the Resource Conservation District of the Santa Monica Mountains for your hard work and innovative solutions! We can’t wait to see this project come to life.

Interested in learning about special districts that are making a difference? Follow Districts Make the Difference on Facebook and Twitter.

If there’s a special district making a difference in your life, email info@ DistrictsMakeTheDifference.org. We’re always interested in hearing about new stories we can share.

California Special Districts • July-August 2021

Volume 16 • Issue 4

37

MANAGING RISK

ROAD WORKER SAFETY TIPS

By Debbie Yokota, ARM, SDRMA Chief Risk Officer

Many public agencies have workers who spend a lot of time on the side of the road obtaining water samples, maintaining infrastructure, or treating water for mosquitoes. All of these activities come with their own hazards.

The biggest roadside hazards are those you have no control over: DRIVERS. At a roadside work site, your first priority is to proactively evaluate the situation and think about what could go wrong. Take stock of your surroundings.

Can you spot someone going at a high rate of speed? Can you see drivers on their cellphones? If you are in a blind spot, consider how to reposition for greater visibility to drivers. If this is not an option, work with a spotter to notify you if an issue arises.

Here are a few tips for the next time you have workers in the field: HAVE A PLAN Every road construction project or work area near roadways should have a transportation management plan.

The plan should consist of a temporary traffic control plan to protect workers by safely conducting traffic around or through the work zone. You should also have a traffic control plan for inside the work zone that manages the flow of heavy equipment, construction vehicles, and workers.

As more and more of Californians take to the road this summer after being held captive by the pandemic, summer is also the time that more and more work zones pop up on interstates, highways, and streets. According to the Bureau of Labor Statistics (BLS) 2019 Census of Fatal Occupational Injuries (CFOI), there were 142 construction worker deaths caused by roadway accidents involving motor vehicles. Of those 81 were collisions with another vehicle, 34 were collisions with objects other than vehicles, and 25 were from non-collision incidents such as overturned or jackknifed vehicles.

38

PROPERLY CONTROL TRAFFIC The work zone should consist of an advanced warning area with warning signs alerting motorists of upcoming changes in driving conditions, a transition area using traffic control devices for lane closures and traffic pattern shifts, a buffer area, the work area, and a termination area to allow traffic to resume back to normal and a sign indicating that the work zone has ended.

California Special Districts • July-August 2021

All traffic control devices whether it’s cones, barrels, barriers, or signs should comply with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) along with any state agency requirements.

WEAR PROPER SAFETY EQUIPMENT At minimum, when working on the side of the road, it is imperative that workers wear an ANSI (American National Standards Institute) approved class II safety vest and, depending on what they are doing, a hard hat as well. A class II vest helps passing drivers identify you at up to 1,000 feet.

If you are working at night, consider wearing a class III vest to give that extra bit of visibility that could very well mean the difference between life and death.

ALWAYS BE AWARE OF YOUR SURROUNDINGS First workers should never turn their back on traffic. Also, workers cannot just focus their attention on traffic in these situations. They need to understand the area around them in order to spot non-traffic dangers as well as routes of escape. If there is an out-of-control vehicle coming right at the work site, have your workers scouted where they would go?

By preparing ahead of time for all possible outcomes, workers will be ready to act.

SET UP THE WORK ZONE SAFELY There are a lot of resources available for work zone safety including how to set up a safe work zone. Here are a few things to consider:

1. Do you have adequate cone spacing?

2. Do you have signage in place notifying drivers that there is a lane closure, or a “flagger ahead” sign?

3. Do you have an adequate number of flaggers? Are your flaggers CDOT Flagger trained?

4. What are you doing for quick stops on the side of the road when obtaining water samples?

5. Does your district trucks have light bars, and are you using cones to help bring attention to your vehicle?

6. Are supervisors trained to set up road closures appropriately?

FLAGGERS Whenever possible, use flaggers to improve road work safety. Cars driving through work areas tend to slow down more when there is a flagger stopping or slowing traffic.

Flaggers also work as the eyes and ears for everyone else. They can notify others if they see that something by using their radio, a whistle, or an air horn.

STAY HYDRATED Workers performing road construction are susceptible to overexertion and heat-related illnesses. Asphalt absorbs 95% of the sun’s rays and asphalt temperatures can easily be 30° F or higher than the surrounding air temperature.

Workers should drink plenty of water or liquids high in electrolytes like sports drinks or coconut water. Workers should also get out of the heat and sun as much as possible especially on extremely hot days to avoid heatstroke, dehydration, and heat exhaustion.

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 HENRI CASTRO, CSP, Safety/Loss Prevention Manager DANNY PENA, Senior Claims Examiner HEIDI SINGER, Claims Examiner II ASHLEY FLORES, Management Analyst/Board Clerk

SANDY SEIFERT-RAFFELSON, VICE PRESIDENT, Herlong Public Utility District ROBERT SWAN, SECRETARY, Groveland Community Services District

Members of the Board DAVID ARANDA, CSDM, Stallion Springs Community Services District JEAN BRACY, CSDM, Mojave Desert Air Quality Management District TIM UNRUH, CSDM, Kern County Mosquito & Vector Control District 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

MICHELLE LAVELLE-BROWN, Health Benefits Specialist II TERESA GUILLEN, Member Services Specialist I MARGARITO CRUZ, Accountant CANDICE RICHARDSON, Member Services Specialist I

FRANK ONO, ifish Group, Inc. ANN SIPRELLE, Best Best & Krieger, LLP KARL SNEARER, Apex Insurance Agency DOUG WOZNIAK, Alliant Insurance Services, Inc.

Volume 16 • Issue 4

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

39

WHAT'S SO SPECIAL

WALK WITH EASE

SOUTHGATE RECREATION & PARK DISTRICT

By Brianna Blaschke, Communication and Marketing Specialist, Southgate Recreation & Park District

S

outhgate Recreation & Park District (SRPD) oversees 6 community centers, 2 aquatic facilities, and 47 parks. The diverse range of ages represented throughout the district necessitates activities for all ages; and, at any age, physical activity is of the upmost importance. Unfortunately for many older adults with health conditions like arthritis, the traditional approaches simply do not suffice as pain and discomfort often plague the participant. One of the subsequent roadblocks to optimizing physical activity for older patrons is a lack of comfort in exercising alone.

The proposed answer? Walking. This activity has proven to be a valuable tool in practicing healthy fitness habits and has provided a new element of fun for seniors in the community.

Southgate Recreation & Park District (SRPD) sought to mediate the struggles older adults face through the Arthritis Foundation’s Walk With Ease (WWE) program. This six-week program is designed to teach participants how to safely make

physical activity a part of everyday life, particularly for those who suffer from arthritis pain. The low-impact and groupbased nature of this program not only provides the physical health benefits resulting from walking and stretching, but also encourages a comfortable and supportive social setting for those interested in exercising. WWE also seeks to promote education about successful physical activity, administer methods for arthritis self-management, and encourage participants to continue walking, as well as explore other exercise programs, to alleviate arthritis pain and facilitate long-lasting benefits.

In order to grow this program, SRPD relied heavily on grassroots efforts and partnerships with other associations to ensure success. SRPD partnered with the National Recreation and Park Association (NRPA) to provide the opportunity to offer the Arthritis Foundation’s Walk With Ease program, a unique pilot program that derived from the NRPA’s Walk in the Park program. Walk With Ease was the result of multiple

HARD FACTS YEAR ESTABLISHED: 1956 POPULATION: 126,000 RESIDENTS WEBSITE: SOUTHGATERECANDPARK.NET 40

DISTRICT SIZE: 52 SQUARE MILES OF UNINCORPORATED SACRAMENTO COUNTY LOCATION: SOUTH SACRAMENTO. MAIN OFFICE ADDRESS IS 6000 ORANGE AVE, SACRAMENTO, CA 95823 California Special Districts • July-August 2021

collaborations with a number of different agencies, including the NRPA and the Centers for Disease Control and Prevention. The StopFalls Sacramento Coalition, an organization focused on reducing falls, risk of injury, and hospitalizations of older adults, also played an active role.

After the conclusion of the WWE program, SRPD was invited to present the successes at the coalition’s meeting.

Additionally, a unique opportunity to work with the UC Davis Department of Family and Community Medicine (UCDHS) arose during the pilot program. The Community Liaison for the UCDHS worked with SRPD’s Recreation Supervisor to schedule a resident physician to attend one class of each Walk With Ease session, offering a presentation on a health topic, then leading participants on a walk at their own pace while answering health-related questions. The cross-functional approach allowed for a unique opportunity for all participants and helped to foster relationships between SRPD and local health agencies and organizations. SRPD invested in a variety of efforts to achieve the WWE program, including receiving aid from the National Recreation and Park Association (NRPA). NRPA’s grant and the support of tertiary groups made it possible to train instructors and provide the program at a nominal fee, while also strengthening SRPD’s partnerships with other agencies.

In order to inform the community of Walk With Ease and the resulting benefits, Southgate Recreation & Park District marketed through a variety of channels, including digital and print methods. While SRPD relied on a variety of methods to disseminate information and seek feedback from the community, word of mouth proved to be the most effective.

Based on participant evaluations, the in-person presentations during existing SRPD programs were unquestionably the most successful means of recruiting new participants for the Walk With Ease program, proving that grassroots efforts are often most impactful in special districts.

Volume 16 • Issue 4

The program has proven to be a huge benefit to both instructors and participants.

One instructor, Paulette Douglas, was motivated to become a walk leader because her own experiences showed her the value in staying active. “At 68, I have many of the same medical issues that people in the program have – so I can relate,” said Paulette. Her parents passed away young, and her prior history with high blood pressure and diabetes, as well as a bout of breast cancer back in 1998, prompted her to make some serious lifestyle changes.

Paulette stated “That’s when I started exercising, eating better, and eliminating negativity that caused stress. I teach 11 fitness classes a week now, all geared toward older adults, because I want to give people a fun way to live healthier and longer lives. And we do make the program fun for

MANN

•

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people. There’s no pressure to do more than people are comfortable doing… there’s lots of talking and laughing.”

Walk With Ease and its positive impacts are reflected in the participants, too. Sue, a regular walker prior to WWE, joined the program for the stretching and strengthening component. “They don’t push you.

They let you do what you can do, and they make it fun. I used to get tired in the hip area when I walked for too long, and the stretching has really made a difference.”

Another participant, Clo, walks with a cane at age 86, and appreciates the program allows her to participate at her own pace while being surrounded by the support of others. “The program is fun,” said Clo. “I like to keep moving and I enjoy being with the others – it’s the camaraderie that makes it fun.”

SRPD engaged with 92 participants during the initial six-week session! The success of the pilot Walk With Ease generated enough interest and participation that the inaugural year saw three additional iterations of the program. Walk With Ease continues to be a successful addition to Southgate’s senior program repertoire and continues to help seniors exercise in a socially and physically beneficial way.

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MONEY MATTERS

Reserve Policies for Special Districts – How Much is Enough?

By Cindy Byerrum, MPA, CPA, Partner, Eide Bailey CPAs

A

solid reserve policy is important to all agencies, no matter the size or type of your special district. A properly designed reserve policy sends a positive signal to the community of ratepayers, bondholders, rating agencies, and regulatory agencies that a district is committed to long-term financial health and viability.

Prudent financial management and best practices dictate that an agency maintain appropriate reserves for emergency uses, capital projects, obligations to paid in the future, and those required as a result of legal or external requirements. The challenge for a governmental agency is to set reserve level targets that are sufficient to meet the needs of the agency now and in the future, while following the concept of inter-period equity, which means that constituents pay for the services provided 42

and used by them in the current period. In other words, a solid reserve policy helps avoid kicking the can down the road!

Common objectives of a strong reserve policy: • Establish a stable fiscal foundation that ensures proper fiscal management and policies that guide future district decisions.

• Build adequate reserves over time.

This action will provide the district with resources to help stabilize the agency’s finances and position it to easily absorb economic downtowns or large-scale emergencies.

• Help the district to meet its shortterm and long-term obligations and maintain the highest possible credit rating.

• Provide for current and future replacement of existing assets as they reach the end of their useful lives.

In general, there are three primary types of reserves: operating reserves, capital reserves, and restricted reserves. Typically, operating and capital reserves are board designated through formally adopted policies, and restricted reserves are restricted by external legislation or governing board ordinances.

Operating Reserve: An operating reserve covers contingency funds to continue operations in the event of an unanticipated cash shortfall. This reserve ensures continuity of service during an unexpected event, whether it be an economic shortfall, natural disaster, or other forces affecting revenues or expenses.

The GFOA (Government Finance Officers Association) recommends 90 days of operating expenditures as a minimum in an operating reserve.

The GFOA has also indicated that “the adequacy of unreserved fund balances should be assessed based upon a government’s own specific circumstances…and the choice of revenues or expenditures as a basis for comparison may be dictated by what is more predictable in a government’s particular circumstances. In either case, unusual items that distort trends (one-time revenues and expenditures) should be excluded…” The GFOA also recommends a “risk-based approach” to determine the threats that are unique to each agency when determining appropriate reserve levels.

In assessing a district’s operating reserve, certain districts should consider a higher operating reserve if their revenues are highly variable.

California Special Districts • July-August 2021

For example, water districts are subject to variable water consumption revenues, particularly in times of water conservation, and may consider a higher than average operating reserve to ensure continuity of service.

Another consideration is cash flow timing. Many types of districts rely on property tax revenue as its primary source of revenue. For example, a library or fire district that relies primarily on property tax receipts must have enough cash flow, up to six months, to sustain until the property taxes are disbursed by the County, primarily in November/ December and April.

Capital Reserves: The amount an agency should target for capital reserves is highly dependent upon the capital needs and infrastructure of the agency.

For example, a library may not normally

need a large capital reserve, however, if the library needs a major overhaul the agency may want to build its capital reserve to prepare for it.

Some districts have infrastructure that must be maintained to protect the public health and safety. Water and sewer utilities must maintain critical infrastructure to deliver water and treat sewage. Similarly, fire protection districts must maintain and replace expensive apparatus to fight fires, an ever-growing concern in California.

These types of districts must maintain higher capital reserves to fund their capital improvement and replacement program to ensure continuity of service and protect the public health and safety.

Restricted Reserves: Certain reserves are legally mandated to be maintained. For example, often times

when an agency issues debt they are required to set aside one year of debt service in a reserve fund. Other sources of revenues might also cause restricted reserves to be maintained. For example, if a district receives developer impact fees, those funds are generally required to be held in a restricted reserve for specific operational or capital expenditures.

To sum it up, the proper amount of reserves for each agency is dependent on each agency’s unique set of circumstances. Although there are general guidelines by industry, the agency should expand on the guidelines by analyzing its specific current and future needs. Regardless of agency type, adopted a sound reserve policy helps build a solid financial foundation for the agency’s future.

CSDAFC Board and Staff Officers JO MACKENZIE, PRESIDENT, Vista Irrigation District VINCE FERRANTE, VICE PRESIDENT, Moss Landing Harbor District ARLENE SCHAFER, SECRETARY, Costa Mesa Sanitary District GLENN LAZOF, TREASURER, Regional Government Services Authority

Members of the Board GEORGE EMERSON, Goleta Sanitary District PAUL HUGHES, CSDM, South Tahoe Public Utilities District

Consultants RICK BRANDIS, Brandis Tallman, a Division of Oppenheimer & Co. Inc. WILLIAM MORTON, Municipal Finance Corporation ALBERT REYES, Kutak Rock LLP NICOLE TALLMAN, Brandis Tallman, a Division of Oppenheimer & Co. Inc.

Staff NEIL MCCORMICK, Chief Executive Officer CATHRINE LEMAIRE, Coordinator AMBER PHELEN, 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

Volume 16 • Issue 4

Community of Ladera Benefits from Swimming Pool Renovation The CSDA Finance Corporation recently helped Ladera Recreation District secure a $1.2 million loan to support the much needed renovation of their 65 year-old swimming pool facilities. The district had not utilized a privately placed bank loan before. The CSDAFC consultant team from Brandis Tallman educated the district on the process and provided crucial information on the changing market during those early pandemic months of 2020. With their assistance, the district had a better understanding of when to enter the market and were able to select a lender and close the transaction in April 2021.

“Super helpful, super professional, super informative.”

Bob Felderman, Board President

43

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Volume 16 • Issue 4

45

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 people 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, fact sheets, and other materials that can be easily downloaded.

Follow, like, subscribe, share!

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MAKE THE

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California Special Districts • July-August 2021

SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY

Risk Management Built to Last As a trusted risk management advisor, SDRMA makes it easy for you to proceed with confidence. Our team is like one of your own, delivering service and expertise you won’t find anywhere else. For everything from Workers’ Compensation and Property/Liability coverages to Health Benefits options available throughout California, we are here to help. For more information, visit sdrma.org.

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