2021 CA Special District November - December

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 16 , I s s u e 6 • N ov e mb e r- De ce mb e r 2 0 2 1

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

Solutions and Innovations • Page 24

Port of Humboldt Bay Emerging Offshore Wind Industry to Meet State Environmental and Economic Goals Manager’s Corner • Page 32 Award Winning District Uses Data and Technology to Address Water Woes

2021 ILG BEACON AWARD WINNER

Feature • Page 14

Community Connections • Page 20

SB 594 Adjusts Redistricting Timeline to Accommodate Delayed Census Data

Symbiotic Benefits of Maximizing a Community’s Recycling Efforts — Making Recycling a Way of Life 2021 CSDA AWARD WINNER

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California Special Districts • November-December 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 6

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TABLE OF CONTENTS

Solutions and Innovations: Port of Humboldt Bay Emerging Offshore Wind Industry to Meet State Environmental and Economic Goals

24

Feature:

SB 594 Adjusts Redistricting Timeline to Accommodate Delayed Census Data

Interview: Keys to a Successful Board and How to Keep it Energized

14

05 President’s Message

18

20 Community Connections:

06 CSDA News 08 Professional Development 09 CSDA Sierra Network:

Chapters Highlight 10 You Ask, We Answer:

Standing Committees 11 Movers and Shakers 12 Ask the Experts:

Opening the Book on

Open Data

Symbiotic Benefits of Maximizing a Community’s Recycling Efforts – Making Recycling a Way of Life

27 DMTD:

District Spotlight: Sierra Resource Conservation District 28 What’s So Special:

Del Monte Brings Green Vessels to Port

of Hueneme

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

30 Take Action:

Keep An Ear to the Ground for Earmarks 32 Managers Corner:

Award Winning District Uses Data and Technology to Address Water Woes 34 Managing Risk:

Back to Basics - Put the

Power of Your IIPP to Work

36 Money Matters:

It Is Time to Change Affordability Management 39 Legal Brief:

Special Taxes Now

Easier to Pass

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

Cover photo credit: Lindsay Withrow

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California Special Districts • November-December 2021

CEO MESSAGE

Promoting a Culture of Good Governance At the core of CSDA’s mission is to “provide members with the resources necessary to best serve their communities”.

One of the areas we dedicate considerable attention to as we seek to meet our mission is in developing and providing Neil McCormick governance resources for CSDA Chief Executive Officer members. These resources run the spectrum from guides to inperson and online professional development opportunities. In this message, I thought it could be helpful to highlight some of the important governance related resources available and where you can now find them very easily.

Building a culture of good governance truly starts with a focus on roles and responsibilities with an emphasis on respectful deliberation toward common goals.

Building a culture of good governance truly starts with a focus on roles and responsibilities with an emphasis on respectful deliberation toward common goals. Additionally, it also focuses on shifting individual mindsets from “I” to “We” meaning no one board member has the ability to make decisions or take action unilaterally. Instead, it is the governance team working closely together and with the general manager who provides direction via policy direction to then be implemented by district staff.

These concepts are all taught as part of CSDA’s Special District Leadership Academy (SDLA) curriculum. All board members, whether new or having served for many years, can benefit from attending. Go to page 8 to find 2022 dates and locations, and learn more at CSDA’s website.

Additionally, at the end of each year, we send every member district a ‘governance kit’ specifically to introduce new board members to their role as a special district elected or appointed official as part of the agency’s governance team.

The package includes CSDA’s Board Member Handbook and a comprehensive listing of 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 RICK WOOD, Finance & Administration Director AARON AVERY, Legislative Representative ELEANOR BOLING, Legislative Assistant EMILY CHA, Member Services Specialist MARCUS DETWILER, Legislative Analyst 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 QUIANA JOHNSON, 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, Design & Websites Manager 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 6

A proud California Special Districts Alliance partner

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CSDA NEWS

2022 CSDA Executive Committee Officers PRESIDENT Ryan Clausnitzer, CSDM Alameda County Mosquito Abatement District VICE-PRESIDENT Elaine Magner Pleasant Valley Recreation and Park District SECRETARY Arlene Schafer Costa Mesa Sanitary District TREASURER Jerry Gilmore Truckee Sanitary District PAST PRESIDENT Greg Orsini McKinleyville Community Services District

2022 CSDA Finance Corporation Officers PRESIDENT Jo MacKenzie Vista Irrigation District VICE-PRESIDENT Vincent Ferrante Moss Landing Harbor District SECRETARY Arlene Shafer Costa Mesa Sanitary District TREASURER Glenn Lazof Regional Government Services Authority

Retiring soon or know someone that recently retired from a special district?

Knowledge sharing doesn’t have to retire when you do. Stay connected and give back to the community you love with a CSDA retired membership. Enjoy a variety of online resources, stay in the know about the newest developments, and continue to grow professionally with discounts on CSDA Professional Development Opportunities.

Visit www.csda.net/join to learn more about this new CSDA membership.

CEO’s Message continued professional development courses designed to get them up-tospeed with important governance principles and legal requirements/ considerations. So, watch your mail for this valuable information! If you need more of any of the resources mailed, please contact our office and we will get you them at no cost for members.

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Lastly, to tie it all together, we have recently built a page on CSDA’s website that packages ALL of the board member resources, many of which are not referenced in this short message, in one page for easy reference and access. Go to csda.net and look for the ‘Learn’ tab in the top navigation of our homepage. You’ll see a drop-down item called ‘Board Member Resources’. Start there and begin exploring how you can help promote a culture of good governance in your district!

California Special Districts • November-December 2021

2021 HIGHLIGHTS

$100M

FREE WEBINARS

CSDA SECURES $100 MILLION FOR DISTRICTS STATEWIDE

FREE WEBINARS FOR MEMBERS CONTINUE IN 2022

CSDA dedicated significant resources in 2021 to ensure no district was left without access to COVID relief funding. As a result of our efforts, a $100 million State General Fund allocation exclusively for independent special districts affected by the pandemic was secured.

2021 brought new benefits for CSDA Members including free live and on-demand webinars. AND…members are using it!

103 On-Demand Webinars available 3,200+ viewers in 2021 38 New Webinars offered 1,800+ attendees in 2021

FOR SPECIAL DISTRICTS

NEW BENEFIT IN 2021…SPECIAL DISTRICT ADVOCACY & REPRESENTATION IN D.C.

in 2022

Leading the National Special Districts Coalition (NSDC), for the first time, CSDA and our state partners secured formal representation for special districts at the national level in Washington D.C. This new benefit will continue to grow as will our efforts in this space in years to come as we work to ensure districts are at the table, included, and have access to funding like other local governments.

ADVOCACY ACCOMPLISHMENTS RECORD SUPPORT • Sponsored Federal legislation to provide billions of dollars in relief to special districts across the country (S. 91 and H.R. 535). The legislation led to Federal authorization for states, cities, and counties to transfer relief funding to special districts. With support from CSDA, special districts have sought and attained millions of dollars in CARES and ARP dollars through this avenue.

• Supported the approval of $2 billion in relief funding to address utility arrearages and $250 million in funding for ports and harbors.

• In concert with the National Special Districts Coalition, supported special district eligibility for $1.2 trillion federal infrastructure package.

$2B Supported the approval of $2 billion in relief funding to address utility arrearages and $250 million in funding for ports and harbors.

Volume 16 • Issue 6

Protection from Costly Mandates and Restrictions • Averted a renewed threat of property tax deferrals in the middle of the pandemic • Blocked misguided unfunded mandate for special districts to catalog on their website every district bathroom. (AB 1017)

AB 339

Removed special districts from unwieldy new Brown Act meeting unfunded mandates.

AB 361 Sponsored remote Brown Act meeting legislation to provide special district boards with the flexibility to meet virtually during a declared emergency such as a pandemic or wildfire.

BUSINESS AFFILIATES DIAMOND LEVEL • CSDA Finance Corporation • Special District Risk Management Authority PLATINUM LEVEL • Atkinson, Andelson, Loya, Ruud & Romo • Best Best & Krieger • Liebert Cassidy Whitmore • Richards Watson Gershon • Umpqua Bank

FLEXIBILITY AND EFFICIENCY FOR LOCAL SERVICES • Garnered amendments to extend the deadline for special districts to approve redistricting maps following the delayed 2020 U.S. Census and avoid new mandates related to the redistricting process. (SB 594 and SB 443) • Partnered with a coalition of employers to hold the line against efforts to roll back the cost-saving reforms CSDA helped enact under Governor Jerry Brown. (AB 399, AB 1465, SB 213, and SB 335)

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PROFESSIONAL DEVELOPMENT

SAVE-THE-DATES!

2022 CSDA Conferences Spring Education Day March 22, 2022 Sacramento Special District Leadership Academy Conference (SOUTH)

April 3-6, 2022 San Diego

Special Districts Legislative Days

May 17-18, 2022 Sacramento

General Manager Leadership Summit

June 19-21, 2022 Coronado/San Diego area

CSDA Annual Conference & Exhibitor Showcase

August 22-25, 2022 Palm Desert

Special District Leadership Academy Conference (NORTH)

September 18-21, 2022 Napa

Special District Board Secretary / Clerk Conference

November 7-9, 2022 Monterey

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Catalog on Its Way! Watch your mailbox for the 2022 Professional Development Catalog. This year’s line-up includes 33 webinars and 31 workshops – some offered in person and the majority offered virtually for 2022. New topics for 2022 include hybrid workplace; cloud technology; federal grants; and diversity, equity, and inclusion. Again in 2022 – thanks to the sponsorship of the Special District Risk Management Authority and CSDA – all webinars will be offered at no charge to CSDA members.

CSDA’s 2022 Special District Leadership Academy

Get the Best in Governance Training in 2022 Make plans now to attend CSDA’s governance training! In 2022, we will hold two Special District Leadership Academy (SDLA) Conferences. The first will be held April 3 -6 in San Diego and the second will be held San Diego, Ca September 18 – 21 in Napa. Both SDLA conferences will offer a firsttime and returning attendee track.

Additionally, we will be offering each of the four SDLA modules virtually one time during 2022. CSDA also provides the first of the Special Napa, Ca District Leadership Academy modules – Governance Foundations twice as a standalone in person workshop, once in conjunction with SDRMA Spring.

California Special Districts • November-December 2021

Networks & Chapters Del Norte

Siskiyou

Northern Network

Shasta

Trinity

Humboldt

Lassen

Tehama

Plumas Butte

Glenn

Mendocino

CSDA SIERRA NETWORK Chapters Highlight

Modoc

Sierra Nevada

Sutter

Colusa

Lake

Yolo Sonoma

Placer

Yuba

Napa

Sac.

Contra Costa

San Francisco

Bay Area Network

Alameda

San Mateo

Alpine

Amador

Solano Marin

Sierra Network

El Dorado

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

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.

WWW.CSDA.NET/CHAPTER-STANISLAUS

“The opportunity to connect with other special districts in our county and to receive presentations from government officials and offices is something that we wouldn’t achieve on our own. It’s quite powerful to bond and collaborate with districts of all sizes and services.”

- Karin Hennings, Chief Executive Officer, Del Puerto Health Care District, Stanislaus County Chapter Networks & Chapters Del Norte

Siskiyou

Modoc

Northern Network

Shasta

Trinity

Lassen

Tehama

Plumas Butte

Glenn

Mendocino

Sierra Nevada

Sutter

Colusa

Lake

Yolo Sonoma

Placer

Yuba

Napa

San Francisco

Contra Costa

San Mateo

Alameda

Alpine

Amador

Solano Marin

Bay Area Network

Sierra Network

El Dorado Sac.

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

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

Want to get involved with your local CSDA chapter?

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

CSDA SIERRA NETWORK SENIOR PUBLIC AFFAIRS FIELD COORDINATOR: DANE WADLE danew@csda.net

LAST UPDATED JANUARY 2021

Stanislaus County Special Districts Association

Humboldt

California Special Districts is highlighting the CSDA affiliated chapters in the Sierra Network: the Stanislaus County Special Districts Association and the Gold Country Regional Chapter. Find out what some of their chapter members said about what their chapter means to them and to the districts in their counties.

“As regulatory challenges evolve, being a part of the Stanislaus County chapter allows us to collaborate with other special districts in our community and share strategies, resources and unite on advocacy efforts.”

- Dana Ferreira, Regulatory Analyst, Modesto Irrigation District, Stanislaus County Chapter

Gold Country Regional Chapter WWW.CSDA.NET/CHAPTER-GOLD-COUNTRY

“Through the Gold Country Chapter, my district receives valuable training and updates from CSDA and other representatives. The chapter also enables us to network with districts throughout the Gold Country to share and learn best practices. Our CSD recognizes the value that this CSDA Chapter brings to the Sierra Network.”

- Jill Ritzman, General Manager, Cameron Park Community Services District, Gold Country Chapter Vice-President

Special Districts Have Special Needs For the past 26 years, I have developed a niche market, providing advisory services and customizing investment management strategies for over 36 special districts in California.

Call me today for a complimentary consultation.

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Volume 16 • Issue 6

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Questions Appear in CSDA Online Communities

YOU ASK, WE ANSWER

Q&A

You Ask, We Answer: Standing Committees Kimberly Pierson Admin Coordinator/Board Clerk, Greater Vallejo Recreation District Our district has 4 standing committees each with two board members. Currently our board members can request specific committees; however, the board chairperson decides on the appointments I am wondering how other districts handle committee appointments.

Do your committees have a chairperson?

How is it decided who becomes the committee chair?

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Holly Hossack, Administrative Assistant/District Secretary San Lorenzo Valley Water District We also have 4 standing committees with 2 board members on each committee. The board president assigns committees to the board members. We require that the chair of a committee be one of the 2 board members. Once there is a nomination for the chair the committee votes. Public committee members apply for the committees at the beginning of each year and whenever there is an opening on a committee. The entire board votes on public member appointments.

Terri Viehmann, District Clerk Tahoe City Public Utility District We have 3 standing committees. Board president assigns committee members each year, but it is based on input from the Directors. Each committee has a chair. The committee chair is the board member that has been on the committee the longest.

Traditionally, the current board president (ours rotates each year) sits on our finance committee with the most newly elected board member.

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!

California Special Districts • November-December 2021

MOVERS & SHAKERS

MOVERS& SHAKERS Congratulations to Cosumnes Community Services District General Manager Joshua Green for making Joshua Green the Sacramento Business Journal’s 40 Under 40 Class of 2021 list of professionals recognized for achievement, leadership, and contribution to the community.

Congratulations on retirement to Palmdale Water District Operations Tech (Fleet) Darrell DeVera for 30 years Darrell DeVera of dedicated service.

Darrell, who started as a Meter Reader, had worked in the Fleet Shop repairing vehicles & heavy equipment since the early 2000s.

Coachella Valley Public Cemetery District (CVPCD) General Manager Josh Bonner received recognition Josh Bonner from the County Board of Supervisors for representing his district and community on the County of Riverside Economic Recovery Task force, which took up the cause of providing collaborative and regional leadership across Riverside County since the onset of the COVID-19 pandemic. Bonner served as Vice-chair of the ERTF and successfully assisted in leading initiatives such as a Business Ambassador Program, distribution of Personal Protective Equipment (PPE), a $5 million non-profit assistance fund and a $50 million small business assistance grant program.

Volume 16 • Issue 6

Costa Mesa Sanitary District’s (CMSD) groundbreaking program, Artificial Intelligence Sewer Manhole Detection Operations Category Costa Program, received Mesa Sanitary District the 2021 Technology Innovation Award from AT&T and Government Technology magazine. The innovative program utilizes artificial intelligence to detect current condition of manhole covers, using a GoPro camera attached to CMSD vehicle that records each manhole cover in streets throughout CMSD’s service area. The agency was recognized at AT&T and Government Technology magazine 2021 Year in Review & Recognition Summit. From left to right are CMSD employees responsible for implementing the program: Steve Cano, Wastewater Maintenance Superintendent, Nabila Guzman, Management Analyst I, Tanisha Tingling, Administrative Assistant II and David Griffin, Facility Maintenance Worker/Interim Code Enforcement Officer.

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.

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

ASK THE EXPERTS

Opening the Book on Open Data

By Ron Galperin, Los Angeles City Controller, and Justin Bruce, Tyler Technologies

Imagine a book jacket with the following description.

When the impact of a global pandemic unfolded across local communities in the U.S., special district leaders joined their constituents in facing the unknown. Increasing COVID-19 cases, an economic shutdown, near-record unemployment, and reduced tax revenues triggered an unprecedented health and financial crisis. Timely federal relief funds gave communities a much-need lifeline. Now, constituents looked to their local leaders to chart a transparent, equitable, and sustainable path out of the crisis. How would open data support this mission?

The Open Data Backstory Of course, the preceding story is more fact than fiction, and it is still unfolding.

Yet too few special district leaders know the story of open data and how it is being embraced within and beyond the pandemic.

First, what is open data? Simply put, open data is information that governments and others make easily found in free and readily useable

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formats. The open data movement gained steam in 2008 with the signing of the U.S. Open Government Directive, which viewed open data as an important strategic asset. Today, hundreds of local governments across the country leverage open data.

Why is open data important? People expect transparency and accessible information from government. Open data improves public trust by allowing constituents free access to the inside

workings of government without resorting to FOIA requests.

Moreover, access to data can fuel discoveries, decision-making, and innovation in both the public and private sectors. It can support new or existing businesses and boost economic impact.

Think of companies that have built apps off public weather (Accuweather), transportation (Edmunds), and census data (Zillow).

California Special Districts • November-December 2021

Tales From L.A. and Beyond

Writing Your Open Data Story

When the pandemic disrupted life in Los Angeles, an anxious public looked for information on the state of their community’s financial health.

At the L.A. Controller’s Office — the city’s financial watchdog — the team put open data to work.

Within four weeks, the Controller’s team launched an online dashboard of real-time city financial data. The dashboard, “Inside L.A. City Finances1,” gives Angelenos a reassuring understanding of LA’s financial health by presenting finance data through an easy-to-use interface with descriptive context. It encourages even greater accountability for public dollars by including a detailed drill-down view into up-todate revenue, expenditures, and cash balances.

Beyond L.A., local and district governments have used open data to track the impact of federal relief funding in their communities, adjusting resource allocations based on data, not gut feelings. School districts have used open data on COVID-19 at the community level to determine whether to hold school in-person or remotely.

Getting started with open data is no longer cost- or time-prohibitive. Open data platforms that operate in the cloud, such as Tyler Technologies’ Data Platform2, give special districts access to the same tools used by federal agencies. And as the L.A. Controller shows, the time needed to launch an open data portal is counted in weeks, not years.

How will you leverage your agency’s data to improve performance and tell a story? How will you use your data to solve issues across agency lines? Your constituents are waiting to see how your open data story will unfold.

Endnotes 1. Inside L.A. City Finances https:// lacontroller.org/city-finances is built on the Tyler Data Platform 2. Tyler Data Platform https://tylertech. com/datainsights

AUTHOR BIOGRAPHIES: Los Angeles Controller Ron Galperin is the taxpayers’ watchdog at City Hall, making sure public dollars are spent efficiently and effectively. He is also the elected paymaster, auditor, and chief accounting officer for the city of Los Angeles.

Justin Bruce serves as a

director of client success for Tyler Technologies, helping state and local governments drive innovation around transparency, performance management, and process improvement.

Representing California public agencies for over sixty years.

Greg Stepanicich Jim Markman Roxanne Diaz Ginetta Giovinco Craig Steele Dave Fleishman Volume 16 • Issue 6

Construction

Labor & Employment

Special Districts

Eminent Domain

Litigation

Telecommunications

Energy

Public Agency Law

Transportation

Environmental

Public Finance

Waste Management

General Counsel

Real Estate

Water Law

888.479.4529

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FEATURE

SB 594 ADJUSTS REDISTRICTING TIMELINE

to Accommodate Delayed Census Data

By Anthony Tannehill, CSDA Legislative Representative

PART 1

2022 New Laws Series This article was written by CSDA Legislative Representative Anthony Tannehill as part of CSDA’s New Laws Series, where experts explain recently enacted laws and how they will impact special districts moving forward. This article is provided for general information only and is not offered or intended as legal advice.

Readers should seek the advice of an attorney when confronted with legal issues, and attorneys should perform an independent evaluation of the issues raised in these materials.

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S

enate Bill 594 (Glazer), a measure regarding elections and redistricting, was signed into law in late September 2021 and took effect immediately. The measure requires all special districts with board member elections by-division to pass a board resolution adopting their updated redistricted electoral maps by April 17, 2022 if their regular election is on the same day as the statewide November 2022 general election. If a special district’s regular election is on another day, the deadline will be 180 days prior to that election.

Prior to the passage of SB 594, not all special districts had the same map adoption deadline. Certain special districts with by-division elections, faced a November 1, 2021 deadline to adopt their re-districted maps despite the months-long delay of the delivery of the 2020 decennial U.S. Census data. For example, fire protection, recreation and park, and community services districts faced this early deadline. Meanwhile, most other special districts had a map adoption date of not later than 180 days prior to their next general election.

Those special districts whose boards are appointed or are elected at-large are unaffected by this measure. An at-large election is where board members California Special Districts • November-December 2021

are elected by voters from throughout the entire jurisdiction of the local government. In contrast, a by-division election is where the territory of the local government is divided into equal parts or divisions with one board member living in each division elected by its voters. Every 10 years, the divisions must be redistricted or reapportioned to ensure they each maintain an equal proportion of voters.

Early in the legislative session, CSDA supported amendments to SB 594 (Glazer) to address the truncated timeline for those districts with a November 1, 2021 redistricted electoral division map adoption

deadline in light of the United States Census delay. The measure was successfully amended to push the November 1, 2021 deadline back five and a half months to April 17, 2022. However, in response to the concerns of elections officials requesting a consistent and achievable timeline, this new deadline was amended to apply to all special districts with a regular election that coincides with the November 8, 2022 statewide general election.

As SB 594 is intended to address the unique circumstances of the pandemic-delayed 2020 United States Census, the bill includes a January 1, 2023 sunset date and does not apply to elections and mapmaking deadlines beyond 2022.

UPCOMING ARTICLES

2022 New Law Series Articles Keep an eye out for the rest of CSDA’s 2022 New Laws Series in your weekly CSDA eNews, featuring expert reviews of some the most significant laws special districts will encounter next year. CSDA also provides members with its annual News Laws of 2022 publication, which includes an overview of the hundreds of bills and dozens of legal cases tracked

by CSDA in 2021. continued on page 16

www.lcwlegal.com

Supporting California Special Districts Since 1980.

Litigation Negotiations Labor Relations Preventative Training Business & Construction Personnel Evaluation Employment Law Wage & Hour Retirement continued on page 18

Volume 16 • Issue 6

15

FEATURE

2022 NEW LAWS SERIES HIGHLIGHTS Part 4. America’s Water Infrastructure Act (AWIA) - By Charlene Kormondy, Physical Scientist, U.S. Environmental Protection Agency, Office of Water, Water Security Division Including a background and upcoming deadlines surrounding the requirements community water systems (CWSs) serving more than 3,300 people to develop or update a Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP) and certify completion of each to the United States Environmental Protection Agency (EPA).

Part 3. Remote Brown Act Meetings (AB 361) - By Marcus Detwiler, CSDA Legislative Analyst Including a background and guidance on implementing the requirements of AB 361 related to public agency remote meetings during a declared emergency under the new law that amends portions of the Brown Act.

Part 4. Prevailing Wage (Kaanaana vs.

Barrett) - By Deborah Wilder, Law Offices of Deborah Wilder Including an overview and update on the implications of a recent decision by the California Supreme Court, which applied prevailing wage law to routine work done for the operation of certain existing special district facilities.

Part 5. COVID-19 Employer Notification Requirements (AB 654) - By Ryan A. Quadrel, Attorney, Slovak Baron Empey Murphy & Pinkney LLP Including information and direction for special districts on new employer/ employee notification requirements related to COVID-19.

Part 6. Development Impact Fee Nexus Studies (AB 602) - By Blair Aas, SCI Consulting Group Including details on the new requirements for public agencies as they relate to nexus studies surrounding development impact fees.

Part 7. Disposable Wipes (AB 818) – By Jessica Gauger, Director of Legislative Advocacy and Public Affairs, California Association of Sanitation Agencies (CASA) Including a a background and updates on the new requirements and timelines for manufacturers of disposable wipes.

Part 8. Treated Wood as Hazardous Waste (AB 332) –

By Tim Flanagan, General Manager, Monterey Regional Waste Management District Including information on the update to current law on the new disposal options for treated wood, which has been complicated by recent mandates to manage such disposal as hazardous waste.

Part 9. Sharing Employee Information with Labor Unions (SB 270) – By Kevin Chicas, Associate Attorney, Liebert, Cassidy, Whitmore (LCW) Including detailed overview of the requirements to provide labor unions with employee information as well as the new penalties for non-compliance.

• DISTRICT GENERAL COUNSEL • LABOR AND EMPLOYMENT • HUMAN RESOURCES • COLLECTIVE BARGAINING • UTILITY RATE SETTING • PROPOSITIONS 218 AND 26 • PUBLIC CONTRACTING • TORT LIABILITY DEFENSE • PREMISES LIABILITY • LITIGATION

760.322.2275 | sbemp.com SAN DI EG O

16

COSTA MESA

PA LM S PR I NG S

I NDI A N W E LLS

NE W JE R S E Y

N EW YO RK

California Special Districts • November-December 2021

2019 BOARD SECRETARY/CLERK CONFERENCE SPEAKER

Business Affiliate Special Acknowledgements BUSINESS AFFILIATE

BUSINESS AFFILIATE

DIAMOND LEVEL

PLATINUM LEVEL

CSDA Finance Corporation www.csdafinance.net

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

Richards Watson Gershon www.rwglaw.com

Special District Risk Management Authority www.sdrma.org

Best Best & Krieger www.bbklaw.com

Umpqua Bank www.umpquabank.com

Liebert Cassidy Whitmore www.lcwlegal.com BUSINESS AFFILIATE

GOLD LEVEL

Aleshire & Wynder, LLP www.awattorneys.com

Granicus www.granicus.com

AllPaid, Inc dba GovPayNet www.allpaid.com

Interwest Consulting Group interwestgrp.com

Redistricting Partners www.redistrictingpartners.com

Schneider Electric North America www.se.com

Brown Armstrong Accountancy Corp. www.bacpas.com

Kutak Rock, LLP www.kutakrock.com

SoCalGas www.socalgas.com

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

Laserfiche www.laserfiche.com

Streamline www.getstreamline.com

California CAD Solutions, Inc. www.calcad.com

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

Townsend Public Affairs www.townsendpa.com

Centrica Business Solutions www.centricabusinesssolutions.com

NBS www.nbsgov.com

Tripepi Smith www.tripepismith.com

CPS HR Consulting www.cpshr.us

Nossaman, LLP www.nossaman.com

Vasquez & Company LLP www. vasquez.cpa

Five Star Bank www.fivestarbank.com

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

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Volume 16 • Issue 6

17

INTERVIEW

KEYS TO A SUCCESSFUL BOARD AND HOW TO KEEP IT ENERGIZED Co-written by Beverli Marshall, CSDM, ICMA-CM, General Manager Valley Sanitary District and Scott Carroll, CSDM, ICMA-CM, General Manager Costa Mesa Sanitary District

Scott Carroll has been the general manager at Costa Mesa Sanitary District for 12 years. Over the years, he’s completed the Special District Leadership Academy and earned his Certificate in Special Governance and even achieved the coveted designation of Certified Special District Manager (CSDM) which is to say he’s taken an active role in the study of special district governance in a macro form. It is no coincidence that his district has earned a laundry list of awards in categories including Finance, Transparency, Innovation, Public Outreach, Safety and more.

CSDA asked Carroll to provide insight into the district’s success, the important role of the Board of Directors, and the relationship between general manager and board.

“The board sets the tone for good governance, which is the foundation of a high performing organization, and it preserves and strengthens public confidence,” stated Carroll. One of the most important tenets new board members must embrace is the concept of “we” instead of “I” in their duties. Carroll noted, “Their powers as an individual board member are limited - being successful is tied to the success of the entire board.”

18

California Special Districts • November-December 2021

To help in the onboarding of new board members, or perhaps to use as a checkup for existing boards, he provided a list of qualities and skills that comprise a high functioning board: • Have a clear understanding of your role: To set policy • Strive to be informed about the issues facing the community and be prepared to ask questions of staff and one another • Respect the board/general manager dichotomy • Avoid micromanagement • Maintain a formal decorum and be respectful to everyone • Refer to colleagues by their title • Ability to respectfully disagree (to disagree without being disagreeable) and maintain civility • Ability to leave it at the dais debates are about policy, not personality • Avoid using private social media accounts to discuss Board decisions or other board members (especially in a negative light) • Keep confidential matters confidential For those districts who can add a check mark next to each of these items on the list, the challenge may not be in forming the habits of excellent board practices; but it may be in maintaining an ongoing commitment to growth.

Beverli Marshall, general manager at Valley Sanitary District, has also achieved the designation of Certified Special District Manager at a district that has achieved its Transparency Certificate of Excellence from the Special District Leadership Foundation. Valley Sanitary has consistently received the Government Finance Officers Association Award for Financial Reporting as well as awards for operations and innovation.

We asked Marshall her thoughts on keeping a strong board energized.

Volume 16 • Issue 6

First, “as a general manager, I encourage my board members to ask me questions and push me to bring them items to discuss that are innovative and might be “controversial” or be a bit uncomfortable,” she said.

It can be tempting to slide into a sort of operational complacency, maintaining the status quo and making life simple by staying in the board’s comfort zone. But growth isn’t achieved that way, and in an ever-changing world, it is important to maintain some flexibility and rigor. When approaching subjects that involve risk, innovation, or basic change to operations, it’s “important that the discussions and potential conflicts are managed to avoid hurt feelings and misunderstandings.

Keeping the discussions focused on the issue and not the person is critical. This can be done by ensuring that the board chair (president) and manager have an open and transparent relationship that is built on trust and communication,” noted Marshall.

A few other key ingredients to

maintaining a growth mindset include: • Strategic planning processes that recognize success • Board retreats or workshops that encourage interaction and offer time for goal building and reflection • Identify upcoming challenges and their timelines for prioritization • Encourage the development of board goals and objectives to avoid complacency

CSDA has created a Board Member Resources page consolidating required training, best practice recommendations, downloadable materials, key events and tools to enable board members to excel in their role. We encourage all board members, whether seasoned or new to the board, to check it out at www.csda.net/learn/ board-member-resources.

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?

19

SMALL DISTRICT

COMMUNITY CONNECTIONS

2021 CSDA INNOVATIVE PROGRAM OF THE YEAR AWARD WINNER

Symbiotic Benefits of Maximizing a Community’s Recycling Efforts MAKING RECYCLING A WAY OF LIFE

V

Innovative Program of the Year Award (Small District Category): Helendale Community Services District for their Helendale Recycling Center

20

iewing a public agency’s operation from an entrepreneurial perspective is a paradigm shift for government. However, many special districts like the Helendale Community Services District, have had to be creative to achieve organizational goals. Not every operation of a district has a revenue stream such as customer rates or designated tax funding. When this occurs, thinking outside the box is essential. For the Helendale CSD, it has meant a symbiotic relationship between the solid waste and park and recreation divisions. Under the solid waste powers, the district operates a recycling center/ repurposing center (thrift store) that has fulfilled the multiple directives from the Helendale CSD Board to (1) meet the solid waste diversion objectives of the state, (2) fund a park/sports complex for the community, and (3) help reduce illegal dumping in our area.

Under the district’s solid waste authority, the recycling center/thrift store opened in November 2011. The vision of the board of directors was to divert usable items from the landfill, maximize recycling efforts and clean up our community. It is serendipitous how a robust funding stream was created through expansion of solid waste services. In addition, the community enjoys a low-cost, local shopping alternative at the thrift store.

The theme for the operation is: “If you love the earth, buy secondhand first!” Annual revenues from the operation exceed $300,000; employs two full-time and nine part-time employees; and contributes more than $130,000 each year to the park fund. This operation has been a popular win-win for the district and the community.

California Special Districts • November-December 2021

Community Participation

Residents regularly make donations to the thrift store knowing that all net revenue goes to the park operation.

The park offers something for every age group from a tot lot to an extensive walking path. The Helendale Community Park is the only public park in the area and has become a hub of activity with youth sports and family outings. The park has many features including baseball, softball, soccer and football fields, as well as volleyball, a workout circuit, tetherball, remote controlled (RC) car track, playgrounds, frisbee golf, and three large pavilions for park users. During the height of the COVID-19 pandemic, the park played a critical role in the mental health of the community as families were able to enjoy outdoor activities with plenty of room to social distance.

The community support of the Helendale CSD Recycling Center/Thrift

Volume 16 • Issue 6

Store is evidenced by the amount of donations, and other items dropped off for recycling.

Residents bring their unwanted items to be repurposed or recycled rather than sending them to the landfill. The generosity of the community through donations and patronage amplifies the mutual benefits between the store and the park as the funds directly provide park amenities.

Mandatory Source Reduction

With the challenges of landfill diversion becoming an increasing burden on districts with solid waste authority, the Helendale CSD has expanded its recycling efforts to meet the challenging diversion requirements. AB 341 required a 75% statewide goal for landfill diversion. With the recent modifications to the California Code of Regulations, Title 14, section 18982, special districts with solid waste authority are now a required reporting entity for landfill diversion, thereby imposing greater pressure for the District and the community to recycle to the maximum extent possible.

Recycling Process

Various large roll-off dumpsters are located at the recycling center. As items are dropped off by resident or picked up during the weekly Bulky Item Pick-Up Program, they are evaluated by staff and determined if they have any usable life. If they determine the item has further use, the item has further use, it is then priced and placed in the thrift store for purchase. If an item is deemed to have no useful life, it is segregated for recycling. The recycling of electronic waste includes computers and televisions that must be logged, sorted, and shrink wrapped per Cal Recycle guidelines. Mattresses are placed in a vendor provided enclosed 54foot trailer that is retrieved when full. Green waste is placed in open continued on page 22

21

COMMUNITY CONNECTIONS

roll-off containers that are taken to a composting facility for processing when full.

When donated items have no further purpose they are recycled. The district has an impressive record of recycling through various outlets.

Electronic waste including televisions, computer towers and monitors, are recycled through a CalRecycle program. The district is reimbursed for the e-waste which helps offset the cost to operate the program. Other small electronics and appliances are recycled through the local materials recovery facility. Metal such as large appliances, microwaves, patio tables, and lawn mowers are segregated and recycled, thereby realizing a corresponding reduction in landfill disposal.

In addition, the repurposing center operates a green waste drop off program wherein the community’s green waste is sent to a compost facility for composting. The green waste program has resulted in the diversion of 409 tons of green waste from the landfill since September 2015. In 2017, Helendale Community Services District began a mattress recycling program through the Mattress Recycling Council, Inc., which has provided a small monetary reimbursement to the district for the collection and disposal of 1,983 mattresses to date.

This program ensures mattresses are dismantled and all materials are recycled.

Conclusion

The synergy created between the recycling efforts that helps fund the only community park in the area has multifaceted benefits for the residents. This model can be replicated in other communities. While the intangible benefits are endless, the tangible benefits are easily identified: • Providing value-added services for the community • Significant landfill diversion • Maximize recycling • Low-cost shopping alternative at Helendale CSD Thrift Store/ Repurposing Center • Funding for the community park

TOTAL RECYCLING Process

Timeframe

Total

Unit

2016-2020

3,421

Tons

Electronic Waste

2016-Present

172,795

Green Waste

2016-Present

409

Tons

Metals

2016-Present

156

Tons

Mattresses

2016-Present

1,983

Each

Weekly Curbside Pickup

Pounds

About the District: The Helendale Community Services District, located in San

Bernardino County, was formed in November 2006 and covers a 97 square mile rural area with a population of 6,500. The community is relatively isolated with the nearest city over 20 miles away. The functions of the district include water and wastewater, solid waste management, street lighting, graffiti abatement, and park and recreation.

VISIT CSDA’S ONLINE COMMUNITIES Connect Communicate Engage 22

WWW.CSDA.NET

California Special Districts • November-December 2021

Volume 16 • Issue 6

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SOLUTIONS AND INNOVATIONS

PORT OF HUMBOLDT BAY EMERGING OFFSHORE WIND INDUSTRY TO MEET STATE ENVIRONMENTAL AND ECONOMIC GOALS

By Vanessa Gonzales, CSDA Communications Specialist

C

“THE PORT OF HUMBOLDT BAY IS ABOUT TO BECOME A MAJOR DEVELOPMENT SITE ON THE WEST COAST FOR THE EMERGING OFFSHORE WIND INDUSTRY.” 24

oastal Humboldt County has worldclass offshore wind resources, and the Samoa Peninsula has vacant and under-utilized coastal Dependent Industrial lands that are perfectly situated to support the operations necessary to assemble, deploy, repair, and maintain wind energy turbines.

The Port of Humboldt Bay is about to become a major development site on the West Coast for the emerging offshore wind industry. Governor Gavin Newsom, Secretary of the Interior Deb Haaland, and other federal-level advisors announced an agreement to advance offshore wind energy sites off the Central and Northern California coast. The Port of Humboldt Bay, managed by the

Humboldt Bay Harbor Recreation and Conservation District (Harbor District), will be recipient of $11 million to be used as matching funds for a $55 million Port Infrastructure Development Program grant application. The funding has been approved by the legislature and funding contracts are being prepared by the CA Energy Commission to assist the port with significant upgrades required to support the emerging offshore wind industry off the West Coast. The Harbor District has completed a phased master plan for the entire 168-acre shoreline area between the Samoa Cookhouse and the former pulp mill where Nordic Aquafarms and the new broadband cables will land.

Harbor District Executive Director Larry Oetker said that

California Special Districts • November-December 2021

“HUMBOLDT BAY HAS BEEN IDENTIFIED AS THE WEST COAST’S MOST VIABLE SITE FOR FINAL ASSEMBLY OF OFFSHORE TURBINES.” with the help of the Headwater Fund, “the first part of the project will be to receive input from the tribes, public, industry, and regulatory agencies on the conceptual master so that we can revise the plan to minimize the impacts and make the plan better. Once the plan is finalized, an environmental impact report under CEQA will be prepared, made available for public review, and applications submitted to the Coastal Commission and other regulatory agencies.”

As part of the initial phase of the project, the existing 6-acre Redwood Marine Terminal I would be completely replaced with a new modern heavy-lift terminal, and eel grass and other impacts would be mitigated.

The terminal will be all electric and the terminal and shoreline would be designed for the projected 2100 sea level rise elevation. Once developed, the facilities on Humboldt Bay can be utilized to construct/ assemble offshore wind turbines and associated components to tow them to other offshore locations on the West Coast.

The master plan outlines as a future phase a new 500,000 square foot manufacturing complex specifically designed to support the emerging West Coast offshore wind industry. This complex includes 300,000 square feet for a wind tower fabrication facility where highly skilled workers would take five-inch-thick, American-made steel and transform it into wind towers and floating foundations similar to what is Volume 16 • Issue 6

done in the Port of Rotterdam, Netherlands, for Europe and is currently under construction in the Port of Paulsboro, New Jersey, for the East Coast offshore wind industry.

Harbor District President Stephen Kullmann said, “Humboldt Bay is the ideal choice for the West Coast Offshore Wind Energy Port.

I am happy to see the state support Humboldt Bay with port development funding, which will not only help revitalize the harbor and bring jobs and economic development to the community,

but also help California meet its ambitious renewable energy targets and all of us address the threat of global climate change.”

Humboldt Bay is perfectly positioned as the closest offshore wind turbine assembly facility and deployment port to the proposed Bureau of Ocean Energy Management (BOEM) north coast lease areas which are proposed to be 30 miles off Humboldt Bay. Humboldt Bay has been identified as the West Coast’s most viable site for final assembly of offshore turbines. This port has deep-water access with no bridge restrictions and hundreds of acres of empty, available dockside land at the site of pulp and lumber mills that were abandoned when the region’s forest industry collapsed in the 1990s. Humboldt Bay’s continued on page 26

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SOLUTIONS AND INNOVATIONS

deep draft shipping channels can accommodate the large marine vessels carrying wind turbine components, but the upland facilities must be significantly renovated to allow heavy cranes to assemble the floating platforms.

This agreement between the U.S. Department of the Interior and California to advance offshore energy projects can potentially bring thousands of jobs to Humboldt Bay. On March 29, 2021, President Biden announced his initiative to Jumpstarts Offshore Wind Energy Projects to Create Jobs. As part of this initiative, the Administration established a goal of 30 GW of offshore wind off the US by 2030. The Administration issued an Executive Order that calls on our nation to build a new American infrastructure and clean energy economy that will create millions of new jobs.

“We’re anticipating more than a thousand construction jobs during the development phase of the project, and as part of the project,” said Humboldt Bay Harbor, Recreation and Conservation District Executive Director Larry Oetker. “And then once it’s in operation mode, these will be good-paying highly skilled jobs

that will be needed to do the operation and maintenance side of the offshore wind industry.”

He also noted possible increased economic activity. “A number of businesses throughout the community will be buying supplies and other equipment, and so then the ramifications throughout the community will be large,” Oetker said.

Governor Newsom’s California Comeback, California Climate Action Plan, and AB 525 all outline an ambitious agenda to combat global warming, cut greenhouse gas emission, and increase renewable sources of energy such as offshore wind.

By meeting our electricity needs through clean, pollutionfree offshore wind energy, California can also deliver vital air quality improvements

in frontline communities. About 78% of California’s gas power plants reside in communities identified by CalEPA as having the state’s highest burden of poverty and cumulative environmental health burdens.

The aquaculture, broadband, offshore wind, and other maritime industries are clean, green, modern, and coastal dependent. Executive Director Oetker said, “the Harbor District and our partners have been working for years to find coastal dependent industries that are a good fit for our region; provide good paying jobs for our community; result in a healthy planet, and hopefully will encourage some of our kids to return back to Humboldt County to raise their families.”

The Harbor District would like to thank Governor Newsom, California Energy Commission, Humboldt County, Redwood Coast Energy Authority, and HSU Schatz Energy for your leadership roles in helping to bring this new industry to Humboldt Bay.

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California Special Districts • November-December 2021

DISTRICTS MAKE THE DIFFERENCE

DISTRICT SPOTLIGHT:

SIERRA RESOURCE CONSERVATION DISTRICT

I

n September, a little over one year after the Creek Fire burned 379,895 acres through Fresno and Madera counties, the Sierra Resource Conservation District (SRCD) partnered with Team Rubicon, a nationwide veteran-led disaster response organization, to help in recovery efforts as well as future fire mitigation.

“Folks here are really overwhelmed that lost their homes and the ones who didn’t, you know, they lost their community,” Kelly Kucharski, District and Programs Administrator for SRCD, told Fresno’s FOX26 News. “Having another outside group come in like this, it just adds and brings a lot of hope, it’s the type of thing that the landowners here, the survivors here, it’s the type of thing that they want to see.”

The three-day project primarily centered around six homes in the Cressman Road Community near Shaver Lake. Crews worked to reduce fuel such as brush and timber around

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.

Volume 16 • Issue 6

the homes that were not affected by the Creek Fire but are at risk for future wildfires.

With approximately 65% of its district in high elevation timber lands, wildfire prevention and safety are top priorities of the SRCD. In 2019, thanks to a grant from the California Fire Safe Council, the district established the Eastern Fresno County Firesafe and Stewardship Fuels Reduction Program, which is set to run through December 2021. The project enlists private landowners in and near portions of the Sierra National Forest in Fresno County to develop defensible areas on their properties.

“The program has two components – a firesafe component and a stewardship component,” Steve Haze, SRCD District Manager, told FEMA in January. “The firesafe component includes dead and hazardous tree removal and wildfire hazard mitigation (defensible space and home

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

hardening). The stewardship component includes thinning and general forest improvement work, reforestation, soil erosion control and other forest stewardship activities.”

Utilizing this and other programs and partnerships, SRCD is working hard on wildfire mitigation across eastern Fresno County. To date they have analyzed 850 properties for wildfire and debris flow mitigation from floods, and their work has touched over 200 properties.

Working with CalOES, they have applied for $9.75 million in FEMA funds to expand the number of properties to 1,000. This is an ongoing battle, but it is clear the Sierra Resource Conservation District is committed to protecting its constituents.

MAKE THE

27

WHAT'S SO SPECIAL

Photo: Dona Lacayo, Chief Commercial & Public Affairs Officer, Port of Hueneme; Peter Dunton, Vice President of Operations, Ports America; Heidi Magel; Chuck Caulkins, Port Manager, Del Monte, Del Monte Valiant Ship Captain Aleksandrs Oniscenko; Ramon Ramos, Operations Manager, Port of Hueneme, Del Monte; Kristin Decas, CEO & Director, Port of Hueneme; Peter Levesque, President, Ports America; Casey Dexter, General Manager, Ports America

Del Monte Brings Green Vessels to Port of Hueneme

Commitment to Environment and Low Congestion Makes Port Thrive

By Letitia Austin, Public and Government Relations Manager, The Port of Hueneme / Oxnard Harbor District

28

T

he Port of Hueneme welcomed the first of two cutting-edge, energy-efficient Del Monte vessels to the Port of Hueneme.

The ships’ arrival marks a new chapter in environmental partnership, continuing the Port’s mission to be the cleanest, greenest, most efficient port possible.

Del Monte Valiant was the first to arrive; the Del Monte Harvester arrived the following week. These ships are part of a new, six-vessel fleet — all have full cargo capacity of 1,276 twenty-foot equivalent units (TEUs) with 634 plugs for forty-foot high cube reefer containers. The air-cooled containers will maintain the cargo at specified temperatures, traveling in reefer mode with multiple temperature variants from -25C to 40C. These features will help ensure that the produce ships, bringing bananas and pineapples to the Port, will arrive as fresh as possible, so that they can be transported to stores and homes in our communities.

Port CEO & Director Kristin Decas as well as representatives from Del Monte, Ports America, A.R. Savage and Son LLC and Moran Shipping Agencies were on hand to welcome the vessel. Ms. Decas presented a First Vessel plaque to Captain Aleksandrs Oniscenko.

“Del Monte is our longest-standing customer at California Special Districts • November-December 2021

ABOUT OXNARD HARBOR DISTRICT YEAR ESTABLISHED: 1937 DISTRICT SIZE: BOUNDRIES OF OXNARD AND PORT HUENEME, CALIFORNIA

POPULATIONS: 230,310 (CITIES OF OXNARD AND PORT HUENEME, CALIFORNIA)

LOCATION: 333 PONOMA STREET, PORT HUENEME, CA 93041 WEBSITE: WWW.PORTOFH.ORG

“In 2018 we committed to lead by example and reduce our vessel emission by 10 percent. With the addition of these six new containers vessels we are well on our way, estimating a savings of nearly 19 thousand metric tons of fuel each year.” the Port,” said Oxnard Harbor District President Jason T. Hodge. “This development shows 42 years of cooperation and collaboration between Del Monte and the Port of Hueneme, and we look forward to many more years of success.”

In addition to innovative design ensuring efficient fuel consumption, the Valiant and her sister ships are fitted with environmentally beneficial features, including a Hybrid Scrubber system, which meets all international requirements to reduce pollution and control emissions of noxious substances, and shore power connection, so that the ships are zero emission while docked at the Port.

“We have been working towards this goal since 2017 and could not be more excited to see it come to fruition,” said Helmuth Lutty, Senior Vice President of Shipping Operations for Fresh Del Monte Produce. “As one of the world’s leading producer, marketer and distributer of fresh fruits and vegetables, we have set a very high bar for all the reefer containers and ships in our fleet. These six new vessels set the bar even higher, and allow us to deliver the high-quality fresh fruits and vegetables we are known for while meeting our sustainability goals.”

“Today, shipping accounts for the largest portion of our global energy use,” said Hans Sauter, Chief Sustainability Officer of Fresh Del Monte Produce. “In 2018 we committed to lead by example and reduce our vessel emission by 10 percent.

With the addition of these six new containers vessels we are well on our way, estimating a savings of nearly 19 thousand metric tons of fuel each year.”

For more information on Fresh Del Monte and its sustainability efforts, please visit: https://www. freshdelmontecsr.com The Port of Hueneme is one of the most productive and efficient commercial trade gateways for niche cargo on the West Coast. The Port is governed by five locally elected Port Commissioners. The Port moves $10.85 billion in goods each year and consistently ranks among the top ten U.S. ports for automobiles and fresh produce. Port operations support the Volume 16 • Issue 6

community by bringing $1.7 billion in economic activity and creating 15,834 trade-related jobs. Trade through the Port of Hueneme generates more than $119 million in direct and related state and local taxes, which fund vital community services. In 2017, the Port of Hueneme became the first port in California to become Green Marine certified and was voted the Greenest Port in the U.S. at the Green Shipping Summit.

29

TAKE ACTION

KEEP AN EAR TO THE GROUND FOR EARMARKS

By Alex Yiannoutsos and Kristi More, The Ferguson Group

Congressional earmarks serve a critically important purpose. Most importantly, earmarks – funds set aside

by Members of Congress for specific local or regional projects or programs – create a mechanism for federal elected officials – House and Senate members – to distribute federal funds more widely to meet high priority local needs. Without earmarks, unelected federal agency officials tend to allocate federal funds to fewer and larger local jurisdictions. The high priority community needs addressed by smaller, less populated, towns, cities and counties, and special districts are often overlooked.

A 2011 study by The Ferguson Group (TFG) bore this out. The study found that when funding decisions were left solely to the individual federal agencies, the result was disastrous for local governments and special districts. Without earmarks, federal agencies drastically cut the number of grants awarded and tended to award federal support to larger local governments. In many instances, local governments and special districts were never invited to apply for competitive grant funds and in other cases funds were allocated directly to the states, bypassing local jurisdictions altogether.

Earmarks represent the best, most efficient way for federal elected officials to allocate a fraction of available federal funds – less than one percent of discretionary spending – to meet critical, high priority local needs.

This year, congressional leaders announced the return of earmarks including reforms prioritizing “accountability, transparency, and strong community support”.

30

So, how does it work? The earmark process officially begins in early February when the president submits the Budget Request to Congress, establishing the Administration’s priorities for the upcoming fiscal year. Each congressional office has a separate application and sets its own deadlines for submitting earmark requests, but most occur in early to mid-March.

Members evaluate their communities’ requests and submit the best for consideration in the relevant appropriations bills. House and Senate Appropriations subcommittees then negotiate funding amounts allocated to federal agencies and earmark requests each fiscal year. The spending allocations are approved upon final passage.

For the Fiscal Year 2022 (FY22) cycle, each House member was limited to ten requests and some members opted not to accept earmark requests entirely. There was no similar limitation for Senators. We expect House Members will face fewer restrictions on their earmark requests in the upcoming Fiscal Year 2023 appropriations process.

Earmarks are particularly valuable to special districts. David Guy, President of the Northern California Water Association (NCWA), and Lewis Bair, General Manager of Reclamation District 108, are part of the Floodplain Forward Coalition in the California Special Districts • November-December 2021

Sacramento River Basin. The Coalition successfully requested congressionally directed spending for the Sacramento River Basin Flood Plain Reactivation project. The effort promotes floodplain reactivation and sustainable management of the rich fisheries and ecosystems there.

Earmarked funding is an important down payment on the initiative. Recordsetting droughts threaten farms, fish, and wildlife in the Sacramento River Basin. Earmarks are a more direct and efficient way to get money on the ground to help California mitigate the effects of droughts on the environment.

Members in both chambers selected the Floodplain Forward Coalition’s request for funding in the FY22 Appropriations bills. (The final amount remains under negotiation at the time of writing, but $1 million was approved on the House side, while $5 million

has been recommended by the Senate Committee on Appropriations). Guy and Bair credited their success to the strong support their request received from the Coalition’s diverse coalition, which “made [our congressional delegation] feel comfortable supporting the project.”

Earmarks can help address a multitude of high priority community needs from broadband, water supply, wastewater and transportation to economic development, business incubators and job training. Funds are available to address gaps in community healthcare, public safety, and education. For most priority community needs, there is a federal program available to help accelerate progress.

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TAKE ACTION SEASONS OF ADVOCACY: FALL • Host your local lawmakers and their staff for tours of your district facilities.

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31

MANAGER’S CORNER

2021 BEACON LEADERSHIP IN CLIMATE ACTION AND ADAPTATION AWARD

Award Winning District Uses Data and Technology to Address Water Woes

By Nikita Sinha, Program Manager, Institute for Local Government

“Water is our backbone.

With climate change, the conditions are changing, and we need to look to innovate as much as possible”

32

F

or over 10 years, the Institute for Local Government’s (ILG) Beacon Program has been recognizing local governments for voluntary efforts to build more vibrant and sustainable communities. This year, ILG awarded the Beacon Award for Leadership in Climate Resilience and Adaptation to Turlock Irrigation District for their innovative Water Management Operations Program.

Turlock Irrigation District (TID) has been a steward of the Tuolumne River for over 130 years.

As the oldest irrigation district in the state, TID strives to push the status quo and search for innovative and unique solutions to climate issues. TID’s Water Management Operations Program has combined new technology with research, assessment and data-driven decision making to manage the Tuolumne River through droughts and floods.

“Water is our backbone. With climate change, the conditions are changing, and we need to look to innovate as much as possible,” said Josh Weimer, TID External Affairs Department Manager.

California Special Districts • November-December 2021

Forecasting to Understand Available Resources

Approximately 75% of California’s water supply comes from snowpack, making it one of the state’s most valuable resources. In 2013, TID began diving into new forecasting technology to better understand snowpack through a partnership with NASA. The Tuolumne River watershed was selected as an area of study to reinvent the way that snowpack is studied and measured. Prior to this partnership, TID had only 17 points of measurement for the 1,500 square mile area of the watershed – about one measurement per eighty-eight square miles – which provided a reading of the snowpack with a margin of error up to 50%. “We were using outdated technology. We were using the best technology we had, but it was developed in the 1950s,” shared Weimer.

TID worked with NASA on the Airborne Snow Observatory (ASO) program to reimagine how to measure the amount of water in the snowpack. The ASO program uses planemounted Light Detection and Ranging (LiDAR) to create topographic maps of the snow-free region in the summer, and again in the winter when there is snow. The difference in these two maps gives TID a measurement of the snowpack based on over 400 million data points, with 9798% accuracy.

ASO is not the only way TID uses new and emerging technology. More recently, TID partnered with Scripps Institution of Oceanography to develop the Forecast Informed Reservoir Operations (FIRO) program, which allows TID to forecast incoming precipitation from atmospheric rivers. Atmospheric rivers can create extreme precipitation and flooding, but technology incorporated into the FIRO program gives TID better forecasts of expected rainfall.

The ASO and FIRO programs give TID a full picture of their water resources – what they have and what’s incoming.

Data Driven Water Management Decisions

With a better understanding of the resources at hand, TID is making data-informed decisions to reduce the impact of drought, mitigate Volume 16 • Issue 6

flooding and protect local growers. “This tech allows us to provide our board of directors a clear understanding of what is in the watershed and what type of precipitation is expected, so they can make informed water allocation decisions based on accurate and real time data,” says Weimer.

In 2020, TID reduced the water available to growers in preparation for California’s current drought, which was declared in over 40 counties in May 2021. When facing extreme rainfall in 2018, they used data-based technology to inform reservoir releases to mitigate flooding and minimize downstream impacts.

TID is, in turn, providing better data to local growers through the use of revamped online tools. The tools provide real-time data as to how much water the grower has used on each parcel and how much water remains available to that parcel for the year. The forecasting tool helps growers more accurately plan how they will use their available water to get them through the irrigation season. In addition, TID provides customers with weekly hydrology reports and bi-weekly usage summaries so they can better understand their water availability.

TID’s leadership in water management will have benefits that last longer than California’s current drought. Climate change in California means that the state will continue to face more frequent and severe droughts, with extreme weather and flooding in between. TID is well equipped to make fully informed, data-driven decisions

for water management leading up to and during both wet and dry years.

As most of the state re-enters extreme drought conditions, TID is turning the tide on how to manage California’s most valuable resource.

About the Beacon Program

This year, the Beacon Program was proud to welcome three special district members. In addition to TID, ILG also welcomed the Citrus Heights Water District and the El Dorado County Air Quality Management District. This is the first year that special districts have been able to participate. They join a network of over 160 cities and counties statewide that are committed to creating communities with cleaner air and water, more efficient transportation and more sustainable use of natural resources.

Beacon participants receive free technical assistance from ILG in the form of sustainability best practices, as well as access to peer networks and webinars and opportunities for award recognition. To learn more about how to join the Beacon Program, visit www. ca-ilg.org/beacon-program.

About ILG

The Institute for Local Government (ILG) helps local government officials and staff navigate the constantly changing landscape of their jobs by offering training, technical assistance, written resources, and facilitation services specifically designed for cities, counties, and special districts. From leadership to public engagement to housing and workforce, ILG helps local leaders with a wide range of issues.

ILG is a non-profit and non-partisan organization and a special affiliate of CSDA. Visit www.ca-ilg.org to find out more.

33

MANAGING RISK

RESPONSIBILITY

Employers typically agree that everyone has a responsibility to be safe; but to be successful, responsibilities and accountability go together. The IIPP Administrator must be given the authority to oversee and manage the IIPP; however, the true success happens when managers and supervisors understand how important their roles are and how their leadership is critical to an effective program. This leadership will influence employees and assist them with adhering to their safety responsibilities.

BACK TO BASICS – PUT THE POWER OF YOUR IIPP TO WORK

By Enriqueta (Henri) Castro, CSP, Safety/ Loss Prevention Manager, Special District Risk Management Authority

It’s time to take a fresh look at your District’s Injury & Illness Prevention Program (IIPP). In 2020, employers were made keenly aware of the Cal/OSHA IIPP regulation CCR §3203, as it pertained to COVID-19 pandemic. Employers realized the IIPP regulation included a requirement to have procedures in place “when there is a new or previously unrecognized hazard present”. The pandemic required employers to quickly figure out how to protect their employees from this new workplace exposure.

In this case Cal/OSHA provided guidance through the COVID-19 Prevention Temporary Emergency Regulation; however, this doesn’t happen in all situations, so it’s critical employers have a system in place to identify existing and new hazards. Good news!

The “system” is already available. It’s your IIPP. There are eight elements of the IIPP. The power of the IIPP starts with the requirement for employers to conduct a hazard assessment to identify and evaluate workplace hazards. This process provides a road map to determine potential hazards, identify Cal/OSHA regulations, and develop workplace safety policies and procedures. Let’s take a look at all of the elements of the IIPP. For guidance on developing or revising your specific program, go to Cal/OSHA’s Guide to Developing Your IIPP. Please note, the information provided is general in nature, there may be exceptions outlined in the regulation that may pertain to your district.

34

HAZARD ASSESSMENT

The hazard assessment is the heart of an effective IIPP. Gathering this information sets you up to develop and implement an effective IIPP. This process is critical when first developing your IIPP. It’s also required when the following occurs: • When new substances, processes, procedures, or equipment that present potential new hazards are introduced into our workplace; • When new, previously unidentified hazards are recognized; • When occupational injuries and illnesses occur; and • Whenever workplace conditions warrant an inspection.

To continue to identify unsafe conditions, periodic inspections are also required to evaluate physical hazards, use of hazardous materials, and safe work practices.

COMPLIANCE

Here’s where all your hazard assessment work comes into play.

Cal/OSHA requires employers to have a system to ensure employees comply with safe and healthy work practices. Through your hazard assessment you have the information needed to determine other Cal/ OSHA requirements, develop written programs, develop policies and procedures, and establish responsibilities and accountability.

Employers are required to have procedures in place to hold managers, supervisors, and employees accountable, but the key is having an ongoing accountability system to ensure the procedures are followed.

COMMUNICATION

Now that you’ve established the required policies and procedures it’s time to think about how you communicate your district’s commitment to safety and your expectations for employees. This is the time to think about the critical role of managers and supervisors and how they influence employees.

The regulation provides specific

California Special Districts • November-December 2021

requirements to include in your program.

You must communicate safety in a readily understandable manner. You must encourage employees to inform you of identified hazards without fear of reprisal. Other recommended procedures include safety meetings, training programs, posting, written communications, anonymous hazard reporting options, and safety committees.

HAZARD CORRECTION

Your IIPP must include your commitment to correct unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard.

This requirement falls hand-in-hand with the hazard assessment requirements. An unsafe condition can be identified through a variety of avenues, such as reported by an employee, through a hazard inspection, through an accident investigation, to name a few. The critical component is that the district have a system in place to document the hazard correction process.

ACCIDENT INVESTIGATION

Employers are required to include their procedures on investigating occupational injury and illnesses. This section can be used to educate employees on what to do in the event they are

injured as well as the investigative process. The goal of the investigation is to identify contributing factors and develop prevention measures to reduce reoccurrence.

TRAINING

All employees must be trained on general and job-specific hazards and safe work practices. Managers and supervisors must be trained on all health and safety hazards to which employees under their immediate direction and control are exposed.

In addition to hazard-specific safety training, training must be provided when: • The IIPP is first established • New employees are hired • Employees are reassigned to a new area or task with no prior training • New substances, operations, or equipment are introduced Once the hazard assessment is completed the employer can use this information to determine the employee’s training requirements based on the their exposures.

RECORDKEEPING

Documenting and recordkeeping is essential for an effective IIPP. Cal/OSHA requires that IIPP records be maintained for (1) year; however, employers can choose to maintain records longer.

Examples of records include: • Safety training for each employee, including the employee’s name, training dates, type of training, and training providers • Inspections, including the person(s) conducting the inspection; the unsafe conditions and work practices identified; corrective action, and follow up • Accident investigations • Program revisions Congratulations! Taking a fresh look at your IIPP is no easy feat, but the value is significant. When you address your workplace hazards it demonstrates your commitment to protecting your employees and it can have a positive impact on reducing the costs and risk associated with workplace injuries and illnesses.

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 JAMES MARTA, 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 6

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

35

MONEY MATTERS

IT IS TIME TO CHANGE AFFORDABILITY MANAGEMENT

TO HELP CUSTOMERS GET CAUGHT UP AND STAY CONNECTED

By Juliet Ellis, Head of Utilities, Promise

I

t’s a busy time for water utilities across the state of California as they navigate which relief programs best fit their needs to reduce arrearages and recover revenue, with the California Waterboard notably requiring payment plans as part of the California Water and Wastewater Arrearage Payment Program. In addition, many utilities are deciding on whether to lift moratoriums on shut-offs in the coming months. Consequently, the industry is seeing increased interest in payment plans to comply with a major relief program or to provide customers with a better alternative to shut-offs. The ugly truth, however, is that rates will likely continue to outpace wage growth in the lower income brackets for years to come, which means affordability concerns are a systemic - not an temporary - issue. Given my previous experience in utilities and my current role at Promise, I wanted to share my thoughts on how payment plans can help utilities to meet the moment and beyond.

36

plans are difficult to find, hard to sign up for, and often cumbersome Many utilities have payment plans, with regards to the qualification but they are not all created equal. As a process. All of this translates to company that focuses on payment plans lost time and low enrollment. At and affordability solutions in the public Promise, we meet the customers sector, Promise has conducted extensive where they are and focus on research into what makes payment removing as many obstacles as plans successful and we have two major possible to enrollment. observations to share: 2. The other important observation 1. Expecting your users to do a we can share with you is that most significant amount of work is a products, not just payment plans, fatal flaw when designing most are not designed for low-income experiences, but it is especially households. When a person or dangerous when it comes to lower family lives paycheck to paycheck, income populations. “The Time Tax” budgeting for things, paying

by Annie Lowrey, in The Atlantic, for things, and interacting with talks about the inequities of forcing financial products is different. Some our most vulnerable customers to people may not have access to a invest the most amount of time credit or debit card. Others may to secure government benefits. only be able to pay their bills at a Between multiple jobs, spiraling certain time of the month. Others debt, no in-house child care, may encounter emergencies due language barriers, and various other to unforeseen circumstances and obstacles, time is something low do not have savings to pay right income households do not have. away. The reasons are numerous, With this in mind, most payment but the results are consistent -

ABOUT PAYMENT PLANS

California Special Districts • November-December 2021

anywhere from 50% to 75% of payment plan enrollees go back into collections. Most traditional plans are incredibly rigid and do not provide flexible options to customers to navigate their financial realities with success.

WHY THIS MATTERS Whether you want to do the right thing or you are looking for a solution to solve an operational problem, the right payment plan solution does both. At Promise, we typically double or triple enrollment rates in payment plans and we increase the revenue recovery rate from as low as 25% up to 90%. The result is that the utilities actually collect more money over time (often millions of dollars), save on collection expenses, and reduce the operational costs of shut-offs and customer service calls. And, most importantly, the customers do not have to endure any consequences.

This provides a win-win to both the customer and the utility.

SOLUTION Whether your utility has a payment plan already or needs

Is There Money Available?

2021 Municipal Bond Issuance Nearing 2020 Record

Current investor demand is outweighing the supply of tax-exempt bonds. Municipal Market Analytics (MMA), an independent research firm providing strategic market and credit analysis and commentary on current, historical and quantitative conditions of the US municipal sector, estimates a $100 billion gap between the supply of new tax-exempt bonds and the amount of cash investors are looking to put into the market.

Last year, a new record was set for the total volume of municipal bond issuance. Over $474 billion in municipal bonds was issued by state and local governments taking advantage of historically low interest rates while making up for lost revenue related to COVID shutdowns.

With interest rates still very low, it looks like 2021 municipal bond issuance is nearing last year’s record. Today’s interest rates in the public bond market are 1.50 percent for 10 years, around 2.25 percent for 20 years, and 2.50 percent for 30 years. Rates this low used to be obtainable only from government lending programs.

What Does This Mean to Special Districts?

In short, it means there is a lot of low-cost money available. For special districts well-positioned to issue debt, the interest rate environment has never been more inviting and the timing could not be better for the financing of new projects and refinancing of older debt.

What About Those Government Loans?

Public agencies still get the lowest interest rates from government lending programs such as the USDA and State Revolving Fund, but typically the process takes longer and is more cumbersome than the public finance market. Some USDA programs take the form of reimbursement loans, requiring the project to be constructed prior to loan funding, which can force the public agency to seek interim financing. On the other hand, the public finance market can provide funding upfront and the process to accessing those funds is more streamlined and with fewer limitations or special qualifications.

When considering your financing options, make CSDA Finance Corporation your first call. We’ve specialized in providing solutions for special districts for over 30 years and our consultants are experts in municipal finance. Call 877.924.2732 or visit www. csdafinance.net.

continued on page 38

CSDAFC Board and Staff Officers

Consultants

Staff

JO MACKENZIE, PRESIDENT, Vista Irrigation

RICK BRANDIS, Brandis Tallman, a Division of

NEIL MCCORMICK, Chief Executive Officer

District

Oppenheimer & Co. Inc.

CATHRINE LEMAIRE, Coordinator

VINCE FERRANTE, VICE PRESIDENT, Moss

WILLIAM MORTON, Municipal Finance

AMBER PHELEN, Executive Assistant

Landing Harbor District

Corporation

RICK WOOD, Finance & Administrative Director

ARLENE SCHAFER, SECRETARY, Costa Mesa

ALBERT REYES, Kutak Rock LLP

Sanitary District

NICOLE TALLMAN, Brandis Tallman, a Division

GLENN LAZOF, TREASURER, Regional

of Oppenheimer & Co. Inc.

Government Services Authority

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

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

Utilities District MATTHEW MCCUE, Coachella Valley Cemetery District

Volume 16 • Issue 6

CSDA F C

37

MONEY MATTERS

to adopt one, payment plans can be surprisingly complicated. Here are some things you might consider as you evaluate your options.

HOW WILL YOU ENGAGE PEOPLE? We see anywhere from 10% to 20% of delinquent customers enroll in payment plans using multi-channel outreach to drive awareness especially via text message. This compares to enrollment rates that typically hover between 2% and 5% at many utilities. Understanding how you can leverage marketing in a cost-effective, yet compelling manner is important.

KEEP IT SIMPLE Use technology where possible to drive an easy experience from beginning to end. As soon as you make contact

38

with a customer, you are going to need a website or application that can handle the engagement, application, qualification, enrollment, and maintenance of payment plans. Again, not everyone will want to call, write, visit, or email you. With our mobile webbased application, the average enrollee spends 5-7 minutes for enrollment.

RETENTION IS CRITICAL Retaining your customers will be the trickiest part and there is not one solution. Having a good mobile solution allows people to self-serve and modify their plans. A reminder system is also critical to keeping people on the path. In addition, we have a very empathetic and welltrained customer service staff that works with customers to help them to get back on track when needed.

Over the life of a payment plan you should expect up to 60% of people to miss a payment at some point. We have seen a 90% overall performance rate for customers on our plans. For those that have the ability to change the date or payment type, they continue to be 75% successful on their plan.

CHOICE Regardless of what path you choose, it’s important to understand what makes a great payment plan solution. We believe the voice of low-income households must be kept at the center, as most payment systems were not built with the lens of affordability in mind. So, whether you build it yourself or decide to partner with a trusted vendor, we encourage you to hire an expert in matters of affordability.

For more information on how Promise can work for your utility, please contact Amanda Jones at amanda@joinproimise.com.

California Special Districts • November-December 2021

LEGAL BRIEF

SPECIAL TAXES NOW EASIER TO PASS

By Gary B. Bell and Michael G. Colantuono, Colantuono, Highsmith & Whatley, PC

R

ecent court decisions provide good news for local taxing authority. On April 28, the California Supreme Court denied review in Howard Jarvis Taxpayers Association v. City and County of San Francisco, the latest of three decisions — from appellate courts in San Francisco and Fresno — concluding that special taxes proposed by initiative may be approved by a simple majority (50% + 1) of voters.

Special taxes are those the proceeds of which are legally restricted to a particular purpose, like public safety, fire prevention, facilities upgrades, infrastructure, road improvements, and many others. Many special districts are authorized by their principal acts to levy special taxes, sometimes with a requirement that the taxes apply uniformly to all taxpayers or all real property in the district. A special tax applied to real property is referred to as a “parcel tax.”

Before the California Supreme Court’s 2017 decision in California Cannabis Coalition v. City of Upland, the law had required two-thirds voter approval of special taxes, whether proposed by local government officials or by initiative petition. In Upland, the Court held that restrictions in Proposition 218 referring to “local government” were meant to Volume 16 • Issue 6

constrain local government officials and not the electorate. The people’s initiative power is “one of the most precious rights of our democratic process,” the Court reaffirmed, and there must be a clear indication voters meant to curtail it, which was missing from Proposition 218.

In the San Francisco case, a simple majority of voters approved Measure C, an initiative measure imposing a special tax, and the Howard Jarvis Taxpayers Association challenged the measure as requiring two-thirds voter approval. Citing the Upland case, the Court of Appeal concluded that Measure C was validly approved by a simple majority of voters because it was proposed by initiative.

The decision followed 2020 opinions in City of Fresno v. Fresno Building Healthy Communities and City and County of San Francisco v. All Persons Interested in the Matter of Proposition C, which applied the same reasoning to uphold initiative measure special taxes approved by a simple majority of voters. And the California Supreme Court denied review of both. The latest San Francisco case adds one more point – the fact that an initiative proponent was a San Francisco Supervisor using his City Hall address on election forms did not change the result. There are strict rules against using public resources to urge a

“yes” or a “no” vote once a measure in on the ballot, however.

By denying review in the latest San Francisco case too, Upland’s suggestion has become the holding of these three cases and settled law: special taxes proposed by initiative may be approved by a simple majority of voters.

Some litigation continues, however, asking whether transactions and use taxes (“sales taxes”) must receive two-thirds voter approval because the Revenue and Taxation Code requires it.

We are defending that issue for Alameda County and expect the courts to conclude — as they did in the cases described above — that procedural requirements for taxes are not intended to apply to voters acting by initiative unless they say so expressly. A trial court decision is some months off, and an appeal is likely. It may be a year or two before this point is settled.

However, few special districts have statutory authority to impose sales taxes. We’ll keep you posted as the law continues to develop!

39

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Volume 16 • Issue 5

41

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!

42

MAKE THE

DistrictsMaketheDifference.org DistrictsMaketheDifference.org

California Special Districts • November-December 2021

Steady as you go.

When your team and ours all pull together, you get the sure-footed stability you need to proceed with confidence. As an extension of your staff, we are always at the sidelines delivering service and expertise. For everything from Workers’ Compensation and Property/Liability coverages to Health Benefits options available throughout California, we are here to keep you going strong. For more information, visit sdrma.org.

Volume 16 • Issue 6DISTRICT SPECIAL

RISK MANAGEMENT AUTHORITY

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Trusted Risk Management

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800.537.7790

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

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