2022 CA Special District January - February by California Special Districts Association

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 17, I s s u e 1 • Ja n u a ry- Fe b ru a ry 2 0 2 2

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

Feature • Page 20

Special Districts at the Forefront of Climate Adaptation and Resilience: Confronting Drought, Wildfire, Flooding, and Emissions Legal Brief • Page 32 The New World of Remote Work: Compliance Issues and Employee Management Ask the Experts • Page 14

Solutions and Innovations • Page 28

Is the Annual Performance Review Dead?

Using Artificial Intelligence to Detect Condition of Sewer Manhole Covers 2021 CSDA INNOVATIVE PROGRAM OF THE YEAR (LARGE DISTRICT) WINNER!

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California Special Districts • January-February 2022

SPECIAL DISTRICT LEADERSHIP FOUNDATION

// 2022 DISTRICT OF DISTINCTION CHALLENGE

IS YOUR DISTRICT READY TO LEVEL UP? In a time where proper fiscal management and responsibility in public agencies is paramount and the task of governing these agencies has become even more complex, regulated, and costly, it has become increasingly important to demonstrate to constituents that districts have sound fiscal management policies and practices in place among other areas of importance in district operations. Make the commitment to Level Up TODAY!

START THE CHALLENGE TODAY!

Complete the Districts of Distinction Level Up Commitment Form: www.sdlf.org/districts-of-distinction Volume 17 • Issue 1

TABLE OF CONTENTS

Feature:

Special Districts at the Forefront of Climate Adaptation and Resilience: Confronting Drought, Wildfire, Flooding, and Emissions

Managing Risk: OSHA Reporting with Updated COVID-19 Guidance

What’s So Special: Midpen Uses Web Mapping to Answer Your Burning Questions About Wildfires

05 President’s Message

16 Movers and Shakers

06 Professional Development

19 SDLF Recognizes Truckee Donner Public Utility District

08 CSDA News

32 Legal Brief: The New World of Remote Work: Compliance Issues and Employee Management 34 Take Action: CSDA Focused on Special Districts’ Priorities in the Legislature

36 Manager Corner: 24 Interview: Disaster Strikes: The 10 In Memory of Bill Nelson Special Districts Benefit Importance of Incident From Covid Relief Command 11 CSDA Central Network: Funding Chapters Highlight 41 DMTD: A Look Back on 2021 28 Solutions and Innovations 12 Ask the Experts: Using Artificial 42 Money Matters: How to Develop a DEIBJ/ Intelligence to Detect Using CFDs to Finance JEDI Roadmap Condition of Sewer Infrastructure, Facilities, Manhole Covers 14 Ask the Experts: and Fund District Services Is the Annual Performance Review Dead? For editorial inquiries, contact CSDA Communications Specialist Editor, Vanessa Gonzales, at 877.924.2732 or vanessag@csda.net.

For advertising inquiries, contact CSDA at 877.924.2732 or advertising@csda.net. California Special Districts • January-February 2022

PRESIDENT'S MESSAGE

Reflecting on Past Successes While Considering New Opportunities I have been fortunate to have visited most CSDA chapters over the last couple of years. While it would be a lot more fun to plan a chapter Ryan Clausnitzer, CSDM meeting road-trip across the CSDA Board President state from Plumas County down to San Diego, it is quite convenient (and inexpensive) to be whisked to your community via Zoom. Most folks now understand the value in both remote and in-person meetings. The purpose of some of these visits was to welcome new CSDA members and chapters as we had a net growth of 65 members, bringing CSDA’s membership total, as of the end of October, to 1,321 members. Those new members are joined by three new CSDA chapters: in Stanislaus, North Los Angeles, and Mid-State. That brings the total number of local CSDA chapters to 24. If you joined us in the CSDA Chapter Roundtable at the

Annual Conference and Exhibitor Showcase, you saw for yourself how much that group has grown over the years. If you do not attend your local chapter meeting, you really should, as the value far outweighs the commitment. At our chapter meetings in Alameda County, we rotate hosting agencies who present what they would like us all to be aware of. We also dedicate time for our LAFCo Commissioners and Executive Director to report on current projects. If you are in an area not represented by a chapter or if you do not have special district representation on your LAFCO, contact your CSDA Public Affairs Field Coordinator.

“These accomplishments in California are complemented by our growing influence nationally through the National Special District Coalition.” 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, Associate Legislative Representative BRENT FARRAR, Graphic Design/Video Specialist VANESSA GONZALES, Communications Specialist COLLEEN HALEY, Public Affairs Field Coordinator MUSTAFA HESSABI, Deputy General Counsel CHARLOTTE HOLIFIELD, Public Affairs Field Coordinator & Water Policy Analyst JENN JACOBS, Member Services Representative QUIANA JOHNSON, Member Services Representative ROSARIO CORTÉS KAPELLER, Senior Legislative Representative COLE KARR, Public Affairs Field Coordinator & Federal Advocacy Coordinator CHRIS NORDEN, Public Affairs Field Coordinator CHRIS PALMER, Senior Public Affairs Field Coordinator AMBER PHELEN, Executive Assistant RACHAEL POPPINO, Professional Development Assistant JENNIFER SMITH, Professional Development Coordinator ERIC SPENCER, Member Services Specialist DANE WADLÉ, Senior 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 GREG ORSINI, PAST PRESIDENT, McKinleyville Community Services District

Members of the Board DON BARTZ, CSDM, Phelon Pinon Hills Community Services District STANLEY CALDWELL, Mt. View Sanitary District CHAD DAVISSON, CSDM, Ironhouse Sanitary District VINCENT FERRANTE, Moss Landing Harbor District PETER KAMPA, CSDM, Groveland Community Services District JO MACKENZIE, Vista Irrigation District NOELLE MATTOCK, El Dorado Hills Community Services District PATRICK OSTLY, North of River Sanitary District STEVE PEREZ, CSDM, Rosamond Community Services District LORENZO RIOS, Clovis Veterans Memorial 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

A Proud California Special Districts Alliance Partner

PROFESSIONAL DEVELOPMENT

CSDA’s 2022 Special District Leadership Academy

SAVE-THE-DATES!

2022 CSDA Conferences Register online at csda.net

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

This conference provides the knowledge base to perform essential governance responsibilities and is designed for both San Diego, Ca new and experienced special district board members. This groundbreaking curriculum-based continuing education program recognizes the Napa, Ca necessity for the board and general manager to work closely toward a common goal and provides training in four key areas: governance, setting direction, finance, and human resources. Choose the option that best fits your schedule! This year we are offering three different opportunities to complete this essential training. Sign up for one of our in-person conferences located in San Diego in April or in Napa in September. Or attend our Virtual SDLA Module Workshops this spring! For more information, visit csda.net and select All Events-Register under the Learn tab.

President’s Message continued CSDA also had quite a successful advocacy year through our sponsored legislation, AB 361 (Rivas), that allows for remote meetings during state emergencies and our successful advocacy for $100M in COVID-19 relief from the State. These accomplishments in California are complemented by our growing influence nationally

through the National Special District Coalition. The CSDA Board of Directors will meet this summer for a strategic planning session, which occurs every three years. This is a good opportunity to contact me or the CSDA Director in your network with any suggestions on how we can best represent you, our member. I am again honored to serve as your CSDA President during 2022 and look forward to seeing how we can top our 2021 accomplishments.

California Special Districts • January-February 2022

W O ! N PEN O

ILG Beacon Program and Awards Open to Special Districts!

2022 CSDA Award Nominations Submit Online: csda.net/awards Deadline: May 2, 2022 The CSDA Annual Awards showcase our members’ most valuable contributions to the communities they serve. The winners will be celebrated at the CSDA Annual Conference & Exhibitor Showcase August 22-25, 2022 in Palm Desert. The award categories are: • • • • • • •

Board Member of the Year General Manager of the Year Staff Member of the Year Ralph Heim Exceptional Outreach & Advocacy William Hollingsworth Award of Excellence Chapter of the Year Innovative Program/Project of the Year (Large and Small District categories) • Exceptional Public Outreach & Advocacy (Large and Small District categories) • Excellence in Technology Learn more and submit nominations at csda.net/ awards by Monday, May 2, 2022. For questions, email Vanessa Gonzales at awards@csda.net. We look forward to recognizing your efforts!

CSDA affiliate, the Institute for Local Government, is thrilled to open the Beacon program to special districts for a second year. Special districts are eligible to join the program year-round and apply for Leadership and Innovation awards consideration now through May 2, 2022. Agencies do not need to be a Beacon participant to submit an innovative project, program, plan, or policy your agency has implemented for Leadership and Innovation award consideration in the following categories: • Leadership in Climate Resilience and Adaptation • Equity and Engagement in Climate Resilience and Adaptation • Cross-Agency Collaboration in Climate Resilience and Adaptation • Innovation in Energy • Innovation in Clean Transportation Award winners will be celebrated in front of a statewide audience at the annual Beacon Awards Ceremony and at the CSDA Annual Conference & Exhibitor Showcase. Learn more and apply to join at www.ca-ilg.org/beaconprogram. For questions, contact Nikita Sinha at nsinha@ca-ilg.org.

VISIT CSDA’S ONLINE COMMUNITIES Connect Communicate Engage

csda.net/communities-home

WWW.CSDA.NET

CSDA NEWS

Congratulations to the 2022 SDRMA Officers and Board of Directors! The Special District Risk Management Authority (SDRMA) Board of Directors consists of seven directors elected from member agencies participating in both SDRMA’s Property/Liability and Workers’ Compensation Programs. Learn more at www.sdrma.org. The following individuals were elected to serve as the 2022 SDRMA Officers and Board of Directors: PRESIDENT Mike Scheafer Costa Mesa Sanitary District VICE-PRESIDENT Sandy Seifert-Raffelson Herlong Public Utility District SECRETARY Robert Swan Groveland Community Services District DIRECTORS David Aranda, CSDM Stallion Springs Community Services District Timothy Unruh, CSDM Kern County Mosquito & Vector Control District Jesse Claypool Honey Lake Valley Resource Conservation District

CSDA Welcomes Two New Affiliated Chapters!

Mid-State SDA directors include (as pictured left to right): Curtis Jorritsma, Vice President and Hilmar County Water District General Manager; Amy Montgomery, Secretary and Santa Nella County Water District General Manager; Michelle Sabin, President and Chowchilla Cemetery District Manager; and Patrick McGowan, Treasurer and Lake Don Pedro Community Services District General Manager.

MID-STATE SPECIAL DISTRICTS ASSOCIATION The Mid-State Special Districts Association (SDA) was formalized during its inaugural meeting in Merced on October 27, 2021. The local Chapter of the California Special Districts Association (CSDA) acts as a local voice for special districts providing critical infrastructure and essential community services in Madera, Mariposa, and Merced counties. Some of the organization’s top priorities include: • Hosting training events for compliance with state laws and regulations covering public agencies, • Securing special districts’ representation on Local Agency Formation Commissions (LAFCo) • Ensuring there is consistent two-way communication between special districts and elected leaders at local, state, and federal levels.

Mid-State SDA is one of three local special districts associations to form across the state in 2021. It is one of 24 local associations in the state, all of which are affiliated with the California Special Districts Association and receive a suite of services focused on providing resources for districts in each represented region. Mid-State SDA’s founding board of directors includes at least one special districts leader from each county. All special districts are welcome to attend the Mid-State SDA meetings. CSDA members may freely participate and serve in leadership positions. Learn more about Mid-State SDA, including updates on upcoming events, at CSDA.net.

California Special Districts • January-February 2022

SPECIAL DISTRICTS ASSOCIATION OF NORTH LOS ANGELES COUNTY On November 18, 2021, the CSDA Board of Directors voted unanimously to sign an affiliation agreement with the Special Districts Association of North Los Angeles County. The North Los Angeles County Chapter becomes CSDA’s 23rd affiliated chapter and joins Orange County, Riverside, San Bernardino, and San Diego as the 5th local chapter in CSDA’s Southern Network. The inaugural officers of the Special Districts Association of North Los Angeles County are: • President Vincent Dino (Director, Palmdale Water District) • Vice President Kathye Armitage (Director, Santa Clarita Valley Water Agency) • Secretary Gloria Dizmang (Director, Palmdale Water District) • Treasurer Kathie Martin (Communications Manager, Santa Clarita Valley Water Agency) • Director-at-Large Drew Mercy (Director, Quartz Hill Water District) Volume 17 • Issue 1

The approval of the affiliation agreement completes a process started in January 2021. Special district representatives in the Santa Clarita and Antelope Valleys held their first meeting to discuss forming a chapter and enhancing the interaction between local districts and CSDA. Less than a year later, the Chapter has begun to regularly

meet to network, engage in local and state advocacy, inform the public of the role of special districts, participate in state and local organizations that advance the interests of districts, and provide training to Board members and staff. CSDA is committed to establishing relationships with special districts throughout California through its District NetWorks Program. CSDA is pleased to welcome the Special Districts Association of North Los Angeles County and looks forward to providing resources to the chapter and its member districts. In approving the affiliation agreement, the CSDA Board of Directors expressed their appreciation to the individuals that have led the Chapter formation process, especially during the pandemic. Additional information, including contact information for the Chapter officers, can be found on the CSDA website under “About CSDA” --> Chapters & Networks.

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In Memory of Bill Nelson CSDA Past President

William “Bill” Nelson served as a CSDA Board Member from 2011 to 2020 and was elected President of CSDA in 2016. Sadly, he passed away on January 14, 2022 at the age of 83. Mr. Nelson was dedicated to serving the public, holding numerous elected and appointed positions including Trustee on the Orange County Cemetery District Board of Directors for 18 years where he was selected by his peers to also serve as Chair of the Board numerous times. As Chair, he was instrumental in the District being recognized and earning the District of Distinction Accreditation and District Transparency Certificate of Excellence from the Special District Leadership Foundation. “Bill was a big part of the District family as a Trustee since 2003,” said Tim Deutsch, CSDM, General Manager at the District. “He had been elected Board Chair by his peers five times and served as the District’s Finance & Investment Committee Chair through his tenure with the District. He poured his heart into all that he did. We will all miss Bill immensely.” At CSDA, Bill took great pride in representing his district as well as all districts in the Southern Network. And…he was really good at it, never hesitating to ask the tough questions to ensure the interests of his constituents and peers were well represented. “Bill brought so much to the table, but his passion was clearly in the area of finance and, during his tenure, he led numerous efforts to reshape policy, budgets, and investments at CSDA to ensure the organization was in the best financial shape to serve its members over the long-term,” said Neil McCormick, CSDA CEO. “He was well respected by his fellow board members as well as all of the staff. Bill always took time to listen and understand different perspectives while at the same time offering his expertise to bring forward prudent, practical solutions.”

In addition to his work at CSDA and the Orange County Cemetery District, Bill’s commitment to service and community shined through as he further dedicated his time and experience to the following organizations among many others: • Orange County Mosquito & Vector Control District: Trustee 2016-2022 • City of Villa Park: Council Member & Mayor (2017) 2014-2022 • Institute for Local Government: Board Member 2016-2018 • CA Association of Public Cemeteries: Board Member 2008-2016 o Presidential Service Award (2012) o Cemeterian of the Year (2014) • City of Villa Park Investment Advisory Committee 2008-2014 • Villa Park Community Services Foundation: Treasurer 2010-2014 • California Association of Realtors: Board Member 2004-2012 • Orange County Grand Jurors Association: Board Member 2005-2011 We will miss Bill Nelson greatly…. many will miss him for so many reasons. However, we will also cherish, remember, and benefit from his contributions to CSDA, special districts, and all others listed above because he simply made them and us better. Every community would be lucky to have someone like Bill in it.

California Special Districts • January-February 2022

Networks &Chapters Del Norte

Siskiyou

Trinity

Humboldt

Northern Network Lassen

Tehama

Plumas

Butte

Glenn

Mendocino

CSDA CENTRAL NETWORK Chapters Highlight

Modoc

Shasta

Sierra Nevada

Sutter

Colusa

Lake

Yolo Sonoma

Placer

Yuba

Sac.

Marin

San Joaquin

Contra Costa

San Francisco

Alameda

San Mateo

Alpine

Amador

Solano

Bay Area Network

Sierra Network

El Dorado

Napa

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 BUTTE COUNTY SPECIAL DISTRICTS ASSOCIATION ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICTS CENTRAL VALLEY LOCAL CHAPTER OF CSDA CONTRA COSTA SPECIAL DISTRICTS ASSOCIATION GOLD COUNTRY REGIONAL CHAPTER HUMBOLDT AREA CHAPTER INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) KERN COUNTY SPECIAL DISTRICTS ASSOCIATION MARIN COUNTY SPECIAL DISTRICTS ASSOCIATION MID-STATE 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 THE CSDA SAN LUIS OBISPO COUNTY CHAPTER OF THE CSDA SAN MATEO CHAPTER OF THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION SANTA BARBARA COUNTY CHAPTER OF THE CSDA SANTA CLARA COUNTY SPECIAL DISTRICTS ASSOCIATION SOLANO COUNTY SPECIAL DISTRICTS ASSOCIATION SPECIAL DISTRICTS ASSOCIATION OF MONTEREY COUNTY SPECIAL DISTRICTS ASSOCIATION OF NORTH LOS ANGELES COUNTY SPECIAL DISTRICTS ASSOCIATION OF RIVERSIDE COUNTY STANISLAUS COUNTY SPECIAL DISTRICTS ASSOCIATION VENTURA COUNTY SPECIAL DISTRICTS ASSOCIATION

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

California Special Districts is highlighting the CSDA affiliated chapters in the Central Network, including: the Central Valley Local Chapter of CSDA, Kern County Special Districts Association, and our newest Mid-State Special Districts Association! Here is what some of their chapter members said about what their chapter means to them and to the districts in their counties.

CSDA CENTRAL NETWORK PUBLIC AFFAIRS FIELD COORDINATOR AND FEDERAL ADVOCACY COORDINATOR: COLE KARR colek@csda.net

LAST UPDATED JAN 1, 2022

Kern County Special Districts Association

Mid-State Special Districts Association

WWW.CSDA.NET/CHAPTER-KERN-COUNTY

WWW.CSDA.NET/CHAPTER-MID-STATE-SPECIAL-DISTRICTS-ASSOCIATION

“The Kern County Special Districts Association (KCSDA) is comprised of a tremendous group of managers and agencies encompassed with special districts across the county of Kern. Our board of directors has been committed to helping other special districts advocate, help provide resources, and network with one another to deliver a strong stable leadership group that allows for a coordinated effort for the betterment of one another. There are 84 special districts in Kern County that represent and/ or deliver specialized services essential to their health, safety, economy, and well-being. This year, KCSDA was able to partner with CSDA and the County of Kern to obtain several million dollars from the county, and then in a hard charging effort, partnered with the State of California to obtain Covid relief money that was much needed. Currently, the County of Kern is set to distribute the funds to many of the 84 special districts around the county. Although there is still a short fall due to the downturn in the oil industry and the economy, the millions of dollars that were provided are a tremendous help. In addition, we were able to keep our members informed over the changing trends in the county and abroad by working with many other agencies across Kern like LAFCO, Kern Cog, the County administrative folks, and a host of others. In 2022, we look forward to communicating/problem solving changing trends and helping our constituents understand the challenges and/or advantages that 2022 will bring. Special districts are vital to maintain a healthy infrastructure for communities to live, maintain, and grow. KCSDA looks forward to continuing our efforts.”

“How awesome to be a part of the Mid-State SDA, to bring a local forum to Madera, Mariposa and Merced counties. This local association will give us the opportunity to have a forum for networking and discussion of issues special to independent special districts. It will allow us to have conversations concerning LAFCo representation, receive legislative information, education important to special districts, and more. These opportunities will allow and teach us to provide our services to the public more effectively, and that is our goal.”

- Michelle Sabin, Mid-State SDA President and Chowchilla Cemetery District Manager “The Santa Nella County Water District is excited to be part of the Mid-State SDA, and we are looking forward to working with other chapters and agencies to ensure LAFCo representation for all special districts.”

- Amy Montgomery, Mid-State SDA Secretary and Santa Nella County Water District General Manager “I am extremely excited for the opportunity to work in partnership with special districts within our area.”

- Patrick McGowan, Mid-State SDA Treasurer and Lake Don Pedro Community Services District General Manager

- Les Clark, District Administrator, West Side Recreation and Park District

Networks & Chapters Del Norte

Siskiyou

Humboldt

Modoc

Northern Network

Shasta

Trinity

Lassen

Tehama

Plumas

Butte

Glenn

Mendocino

Sierra Nevada

Sutter

Colusa

Lake

Yolo Sonoma

Placer

Yuba

Napa

Bay Area Network

San Francisco

Contra Costa

San Mateo

Alameda

Sierra Network

El Dorado Sac.

Alpine

Amador

Solano Marin

San Joaquin

Calaveras

Tuolumne Mono Mariposa

Stanislaus

Santa Clara

Merced

Santa Cruz

San Benito

Central Network

Madera

Inyo Kings

Tulare

Coastal Network San Luis Obispo

Kern San Bernardino

Santa Barbara Ventura

Los Angeles

Riverside

Orange

Southern Network

San Diego

Want to get involved with your local CSDA chapter? Learn more at www.csda.net/chapters-networks

Fresno

Monterey

Imperial

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

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

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

LAST UPDATED JANUARY 2021

Volume 17 • Issue 1

ASK THE EXPERTS

How to Develop a DEIBJ/JEDI Roadmap By Brandis Ruffin, PHR, SHRM-CP and Tameka Usher, MHRM

he goal of creating and maintaining a workplace where everyone feels included, valued, and that they belong remains a high-level priority for employers in the public sector. Regrettably, the way to achieve this goal may frustrate in equal magnitude. Employers have provided anti-bias training to ensure compliance with policies, sponsored diversity appreciation workshops to encourage cultural awareness, recruited and hired qualified people from diverse communities to increase representation. Yet, despite the efforts of inclusive leaders, exclusion persists. Can employers who desire to create and maintain diverse, equitable, inclusive, and just workplaces reach their destination? For organizations following a onesize-fits-all best practice roadmap that

calls out directions like a navigation app, the answer is “no.” Unfortunately, these organizations are on a roundtrip to a destination called “Temporary Improvement.” Long lasting, healthy, diverse, equitable, inclusive, just (DEIJ) or just, equitable, diverse, and inclusive (JEDI) workplaces where everyone feels a sense of belonging result from widespread commitment to a continuous improvement journey that spans across an organization’s lifetime. Diversity focused Organizational Development practitioners and Social Justice scholar-advocates joined forces in the 1980’s to build a model for developing a multicultural organization (MCO). Their innovative approach provides highly insightful guidance to help employers find their way. Multicultural Organizational

Development (MCOD) is the process of creating inclusive organizational cultures and workplace climates that genuinely value people from diverse social groups. While diversity management focuses on influencing people to change their attitudes and behaviors, MCOD places equal emphasis on people and the social systems that regulate organizational culture and climate. The organization is the target for intervention. MCOD offers a framework that places organizations into one of six nonsequential development stages equally divided into three levels on a continuum with polar opposites. The first level is Mono-Cultural. Organizations in the Exclusive stage (Stage 1) are openly hostile against cultures that differ from the one it represents. In the Club stage (Stage 2), organizations are less hostile but remain committed to the interests of

California Special Districts • January-February 2022

the advantaged group in control. The second level on the continuum is Non-Discriminating. Organizations in the second stage within level two strive to be in Compliance (Stage 3) with rules that prohibit unjust exclusion of people from disadvantaged groups. The next stage in this level consists of organizations that desire to eliminate advantages inherently granted to dominant-group members by Affirming (Stage 4) disadvantaged-group members through programs and initiatives that support advancement. The third level on the continuum is Multicultural. An organization is described as multicultural when it strives to be both anti-discriminating and pro-diversity and inclusion. In the Redefining stage (Stage 5), an organization transitions from Affirming to engraining inclusion into daily operations. Lastly, an organization in

LEARN MORE!

the sixth stage, Multicultural (Stage 6), fully reflects the unique qualities of its socially diverse people, acts on its commitment to eliminate injustice within it, engages diverse perspectives in organizational decision-making, and embraces its social responsibility to eliminate exclusive practices externally. Which stage is your organization in? Are you interested in learning more about creating a DEIBJ/JEDI roadmap for your organization? Join the authors on March 15, 2022 for a virtual webinar that will expound on these thoughts and provide additional information to assist your organization in its journey.

Brandis Ruffin is a Senior HR Consultant

How to Develop a DEIB/JEDI (Diversity, Equity, Inclusion, Belonging) Roadmap for Your Agency

Tameka Usher is the Founding Principal,

Date: March 15, 2022 Free to CSDA members, register at csda.net under the Learn tab.

from Gallagher Benefit Services, Human Resources and Compensation Consulting Practice. President, and CEO of Usher Forward HR Consulting LLC.

At CPS HR Consulting, we focus on driving organizational performance by developing comprehensive talent and management solutions that are specifically created to help your team reach peak performance. We provide consulting services in the following key areas: • • • • • • • •

cpshr.us

Volume 17 • Issue 1

Recruitment & Executive Search Testing & Selection Classification & Compensation Training & Development HR Outsourcing Employee Engagement Workforce Planning Diversity, Equity & Inclusion

Federal, state and local governments, public safety, special districts and nonprofit organizations across North America benefit from our highly strategic approach and the results we deliver. You can, too.

ASK THE EXPERTS

IS THE ANNUAL PERFORMANCE REVIEW DEAD? By Regina W. Romeo, Chief Human Resources Officer, CPS HR Consulting, Inc.

he annual performance — a tool used by organizational management to measure the performance of employees — was the gold standard of employee development for decades. However, it has not been the most effective evaluation method during the COVID-19 pandemic, which saw many public sector organizations switching to remote work models out of concern for safety. In the months since the start of the pandemic, many government organizations have opted for a hybrid work model in which employees split their time flexibly between the office and home. Now, many experts are heralding that the future of work is hybrid. But what does that mean for performance management trends during COVID-19 and beyond? Is the annual performance review dead? The short answer is: no, not entirely. But it is evolving into other evaluation methods as the “new normal” of work has clearly shown the shortcomings of relying solely on annual reviews for performance management. Here is more on how the public sector is pivoting on performance management for hybrid workers.

Trends in Remote Performance Management

Performance check-ins are taking the place of the annual performance review during COVID for many public sector organizations. Small check-ins with employees via email, zoom, text, phone call and in-person are more effective for measuring performance reviews in a hybrid work environment. The increased frequency of communication with staff can help senior management adjust to staffing issues while seeing to the needs of employees as they navigate through workplace changes. This frequent communication has been the key to keeping employees informed and empowering them to collaborate on work traditionally done as teams in the same rooms. 14

Strategies to Maximize Frequent Check-Ins to Enhance Remote Worker Performance

The annual performance review alone cannot help facilitate the fast-paced changes necessary in a hybrid work environment during a pandemic as monumental as COVID-19. Whether impromptu or planned, frequent performance check-ins have helped managers overcome hurdles that both employees and managers have faced. Some managers use the remote performance management strategy of making time for frequent check-ins with their staff. Some of the most common check-ins include: 1. Morning Check-Ins: Also known as a “morning huddle,” these 10-minute remote group meetings provide employees the opportunity to review their day’s top priorities and share these priorities out with their colleagues for team transparency. 2.Afternoon Check-Ins: Also known as an “afternoon huddle,” these 10-minute remote group meetings allow employees to recount their day’s successes to their team. This helps to keep employees accountable for their tasks and provides an important opportunity to celebrate successes in a remote environment. 3.Weekly Priorities Meetings: Once a week, employees connect with their manager for a 15-30 minute meeting. These meetings are an ongoing performance discussion between employees and their manager and involve setting priorities, establishing measures of success and accountability, as well as development coaching. These meetings go beyond setting work goals: they also serve as a valuable connection point between managers and employees in the absence of in-office communication. Managers can use these frequent check-ins to ensure that their employees feel supported, heard and confident while operating in new work models such as hybrid and remote.

California Special Districts • January-February 2022

Maintaining Good Performance Habits in a Remote Work World

Good performance habits in any organization come from proper training before an event. No one saw COVID-19 on their immediate horizon. However, public servants and other essential employees rose to the occasion to keep public sector organizations operating during the pandemic. These same organizations are now developing protocols for managing employee performance in a post-COVID world in which hybrid and remote work will likely remain the norm. It’s clear that future standards around performance management will need to come from a different blueprint than what has been previously used to evaluate employees. In light of hybrid work conditions, performance reviews need to be more frequent and look at the employee’s needs, as they are critical to their organizations’ success.

Workplace culture has become even more critical in a hybrid work environment and has been the glue that holds everything together as it helps streamline workflows and communication. Therefore, performance management has taken on many new facets: it involves not just measuring productivity, but also supporting employees’ professional and personal needs and concerns. These changes have shed light on the need to modify how, when, and even where you do performance reviews.

paced changes necessary in a hybrid work environment during an event as monumental as COVID-19 has been. However, combining annual performance reviews with frequent performance check-ins — whether impromptu or planned — has helped managers overcome hurdles that they and other employees have faced during this stressful time.

Key Takeaways

Performance management trends indicate that the classic annual performance review is not dead. Instead, yearly reviews have evolved into tools and practices that work better for public sector organizations in the post-COVID environment. The annual performance review alone cannot help facilitate the fast-

REGINA W. ROMEO

Ms. Romeo has more than 20 years of experience in public sector human resources as an analyst, manager, and director. In her role as Chief Human Resources Officer, she is responsible for managing the day-to-day HR operations and organizational development for CPS while also consulting and managing special projects for clients. Regina has worked for both large and small public sector agencies and brings a unique perspective and real-world experience to her role.

Representing California public agencies for over sixty years.

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

Volume 17 • Issue 1

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MOVERS & SHAKERS

MOVERS& SHAKERS Congratulations to Ken Hash, retiring as lead maintenance superintendent of the Auburn Public Cemetery District after 40 years! Ken Hash Hash did much more than dig graves. As lead maintenance superintendent, Hash was instrumental in the growth of New Auburn Cemetery, notably developing the new gardens for burial, irrigation layouts, construction, and planning. Hash said he “couldn’t even fathom a guess” as to how many graves he dug, but Craig Forrey, district manager of the Auburn Public Cemetery District spoke of the “8,000-plus families you’ve taken care of here.” “He was a vital tool,” Forrey said. “It’s really hard to find people who can make it in this industry because … you gotta care for what you do and who you’re doing it for. He’s a special person, and we’re really going to miss him.” Brian Olney, who has worked in the water industry for more than a quarter century, was recently named the assistant general manager Brian Olney of the Helix Water District, the East County agency that provides water to more than 250,000 customers. Olney, 48, has been part of the district’s executive team for close to two decades. He is the director of water quality and system operations, a position he will retain while the district recruits his replacement. He will work with General Manager Carlos Lugo, who has been leading Helix since 2012. He is expected to retire in 2022.

The Santa Cruz Port Commission announced the appointment of Holland MacLaurie as Holland the new port MacLaurie director, effective November 1, 2021. MacLaurie has worked for the port district for 13 years and has experience in budget administration, infrastructure maintenance, regulatory compliance and personnel development, according to a news release announcing the appointment. In her new roles, MacLaurie will lead the district and oversee all harbor operations, including development of the district’s $9.7 million annual budget and planning for infrastructure maintenance and improvements. MacLaurie previously served as the port district’s administrative services manager since 2017. She was appointed interim port director in August when former director Marian Olin retired. Palmdale Water District (PWD) announced that it has named Dennis Hoffmeyer as Dennis its new Finance Hoffmeyer Manager/Chief Financial Officer. Hoffmeyer, who has been an employee for 32 years, was the PWD Accounting Supervisor for 13 years before his recent promotion. He replaces

Michael Williams, who retired after 15 years at the helm of the PWD Finance Department. “Dennis has become a major contributor to ensuring the district’s finances are solid and transparent,” said PWD General Manager Dennis D. LaMoreaux. “He is well-qualified and prepared for his new position.” Palmdale Water District currently holds a Special District Leadership Foundation (SDLF) Transparency Certificate of Excellence, which includes a significant accounting requirement.

Noe Aguilar Vega, center, is presented with the presidential award for his work as operations manager at the Summerland Sanitary District by district administrator Marjon Sousa, left, and board president Dave Novis, right.

The operations manager at the Summerland Sanitary District, Noe Aguilar Vega, was recently given the 2021 Presidential Award by the Santa Barbara chapter of the California Special Districts Association. He was honored for “distinguished service” by Marjon Sousa, district administrator, and Dave Novis, president of the Summerland Sanitary District board of directors.

California Special Districts • January-February 2022

General Manager Jim Pruett of the San Mateo County Harbor Jim Pruett District announced that the district has once again earned the Distinguished Budget Presentation Award from Government Finance Officers Association (GFOA) for the fiscal year 2021/2022 budget. This award is the highest form of recognition in governmental budgeting. This is a testament to the outstanding work by Harbor District Director of Administrative Services Julie Van Hoff and her team in the development of the budget under the guidance provided by the Board.

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.

Volume 17 • Issue 1

The Cucamonga Valley Water District (CVWD) is proud to announce it was the recipient of the 2021 Overall Statewide Legislative Outreach Award from the Association of California Water Agencies (ACWA) for the second year in the row for its continuous advocacy on issues critical to the water industry on behalf of their customers. CVWD received the award at the Fall 2021 Conference on December 2, 2021, in Pasadena. The Outreach Awards are given each fall at ACWA’s conference to recognize outstanding achievement by water districts in their region. The Overall Award is given to the top agency in the state as the top advocate on important

legislative and regulatory issues. CVWD actively stays engaged by communicating legislative priorities, hosting legislators and staff, building relationships with stakeholders with the goal of ensuring access to safe, reliable, and high-quality water supplies. “CVWD continues its commitment to proactively engage in public policy to ensure we share a voice in shaping local and state legislation”, said CVWD Board President Randall Reed “It is an honor to be recognized for the second year in a row as the top agency in the state for the hard work we do in advocating for our customers.” continued on page 18

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?

MOVERS & SHAKERS

Top row: Andrew Palomares, Deputy Executive Director, CFO/CAO; Jaimee Constantino, Fiscal Technician; Robin Campos, HR Management Specialist; Paul Lydiate, Financial Analyst. Bottom row: Gabriella Sabo, Accounting Manager; Julie Johnson, Fiscal Technician; Austin Yang, Director of Finance & Accounting

The Oxnard Harbor District, which owns the Port of Hueneme, has been awarded a Certificate of Achievement for Excellence in Financial Reporting by the

Government Finance Officers Association of the United States and Canada (GFOA). The Port received this award for its annual Comprehensive Annual Financial Report (CAFR) for the fiscal year that ended on June 20, 2020. “The Port of Hueneme is committed to being fiscally responsible. As such, we have a duty to be transparent with stakeholders who have entrusted us with these capabilities,” said Jason Hodge, president of the Oxnard Harbor District. “I am especially proud of the team responsible for carrying out the fiduciary responsibilities of the Port with the utmost experience and professionalism.”

Congratulations to Rancho Simi Recreation and Park District on your 60th anniversary! Rancho Simi According to local Recreation and Park District historian Pat Havens, in the early 1960s there was a development boom in the then-small community of Simi Valley. Community leaders at the time recognized the need to establish a special parks district—one that would be separate from the city and have its own budget—and they set aside land as protected open space for that purpose. In October 1961, the state approved the special district and the RSRPD was formed. Today, the district serves around 146,000 people in Simi, Oak Park, and portions of unincorporated Ventura County.

TRUSTED GUIDANCE YEAR AFTER YEAR With each new year comes new laws and regulations. This year and every year, Best Best & Krieger LLP is committed to providing special districts with the cutting-edge information needed to succeed. Whether it's guidance on new legislation, a court decision or current events, BB&K's alerts, webinars and other announcements keep special districts in-the-know. Don’t miss a beat – subscribe to our eCommunications today.

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California Special Districts • January-February 2022

SDLF TRANSPARENCY CHALLENGE: DISTRICT SPOTLIGHT

District Spotlight

THE SPECIAL DISTRICT LEADERSHIP FOUNDATION RECOGNIZES

Truckee Donner Public Utility District Share your experience completing the Transparency Challenge. (What did you learn about your district? How difficult was the application process?) Completing the application was simple. TDPUD had already implemented all the requirements, so the application was easy. We are honored to be recognized for transparency.

Why was completing the challenge important to your district? The importance to our District is to measure our transparency with other special districts in California. SDLF and CSDA provides the certiﬁcation and overall acceptance for a higher level of transparency.

Now that you have earned your Transparency Certificate, how will you use the recognition to highlight your district’s accomplishment to your customers, constituents, and/or other stakeholders? We are very proud of our certificate. We have completed press releases, posted on our website and social media platforms, and place it on our letterhead. Keeping our certificate relevant allows us as public constituents to keep an eye on transparency. We also have this as a matrix in our strategic plan.

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 showcases the many steps districts takes to show they are available and transparent to the constituents and customers. Volume 17 • Issue 1

FEATURE

SPECIAL DISTRICTS AT THE FOREFRONT OF CLIMATE ADAPTATION AND RESILIENCE: CONFRONTING DROUGHT, WILDFIRE, FLOODING, AND EMISSIONS Featuring Sonoma Water, Paradise Recreation and Park District, and AC Transit By Vanessa Gonzales, CSDA Communications Specialist

SPECIAL DISTRICTS: COMMUNITY DRIVEN AND FUTURE FOCUSED

n December 7, 2021, dozens of policymakers from Sacramento and Washington D.C. participated virtually in a live tour of three special districts at the forefront of climate adaptation and resilience. The 90-minute tour organized by CSDA highlighted special districts taking on droughts and flooding with new technology, protecting lives and property in the wildland urban interface, and paving the way to zero emissions bus fleets. The 2021 virtual tour demonstrated how special districts are empowering communities to meet some of California’s biggest challenges. The three featured special districts included: Sonoma Water: Preparing for Atmospheric Rivers, Preventing Flooding, and Managing Water Resources by Piloting a Next-Generation Radar System Through a Multi-Agency Effort Paradise Recreation and Park District: Reimagining Community Safety and Wellbeing within the Wildland Urban Interface, and Facilitating Responsible Housing, by Integrating Parkland as Essential Natural Infrastructure AC Transit: Leading the Way to a 2040 Zero Emission Bus Fleet Through Workforce Training, Data Integration, and Deployment of Fuel Cell and Battery Electric Transportation

California Special Districts • January-February 2022

IMPROVING MONITORING AND FORECASTING OF PRECIPITATION AND COASTAL FLOODING IN THE SAN FRANCISCO BAY AREA

SONOMA WATER and AQPI

When big storms hit California, current radar technology does not provide forecasters with the detailed information needed to inform reservoir operations, food protection, combined sewerstormwater systems, and emergency preparedness. Accurate and timely precipitation information is critical for making decisions regarding public safety, infrastructure operations, and resource allocations. Standard weather radars, originally designed to look up into Midwest thunderstorms, are often unable to give an accurate picture of what is happening in the complex landscape of California’s coastal mountain ranges. Improved monitoring and prediction of precipitation in the San Francisco Bay region can enhance public safety through early warning and storm tracking when hazardous weather events come onshore. The Advanced Quantitative Precipitation Information (AQPI) System is a regional project awarded to Sonoma Water and collaborating partners by the California Department of Water Resources. The AQPI System consists of improved weather radar data for precipitation estimation and short-term nowcasting (0-1 hours); additional surface measurements of precipitation, streamflow, and soil moisture; and a suite of forecast modeling systems to improve lead time on precipitation and coastal Bay inundation from extreme

storms—especially high-moisture laden atmospheric rivers. AQPI observing assets include a coastal Doppler C-band weather radar along the Sonoma County coast which will point offshore to improve tracking of incoming storms and four gap-filling X-band radar units strategically located to provide high-resolution coverage overpopulated and food prone urban areas throughout the San Francisco Bay region. The radar data will be assimilated by atmospheric models to improve short-term prediction of precipitation. The AQPI System also will improve runoff and coastal flooding predictions in and around the Bay. This will be valuable to wastewater and food protection managers and will provide better inputs to urban hydrologic and hydraulic models. To address climate change and sea level rise with possibly more extreme storms, the AQPI System will implement the Coastal Storm Modeling System (CoSMoS) to forecast flooding around the San Francisco Bay coastline. These benefits will become increasingly important as costs associated with extreme weather events continue to escalate. Since 2015, weather-related disasters across the U.S. caused over 3,800 fatalities and $480 billion in economic damages. Recent examples in the Bay Area include a flooding event in 2017 which produced over $70 million in damages in Santa Clara, CA, and a series of northern Bay area rainfall events in 2019, resulting in over $150 million in flood damages and a presidential disaster declaration. For more information, visit: https://psl.noaa.gov/ aqpi/ and https://www.sonomawater.org/aqpi/.

AQPI KEY FEATURES • Five new, state-of-the-art radar systems to improve monitoring of precipitation offshore and within the Bay region • High-resolution precipitation forecasts • Coastal flooding, storm surge, and tributary streamflow forecasts The experimental AQPI System can aid water managers in securing water supplies while mitigating flood risk and minimizing potential water quality impacts to the Bay from storm runoff and wastewater infrastructure. The system can be expected to provide benefits exceeding costs by a ratio of at least 4:1. These benefits accrue through: • Avoided flood damage costs from early warnings • Forecast-based operations to maximize reservoir capture for water supply and fisheries flows • Minimization of water quality impacts from combined sewer • Enhancement of public safety for the various transportation modes (pedestrian, highways, marine and airports)

Volume 17 • Issue 1

DISTRICT SNAPSHOT

Map showing eleven Bay Area water agencies. Source: Bay Area Integrated Regional Water Management Plan (2006)

A Local Agency Response to Community Building, Hazard Reduction, and Resiliency

PARADISE RECREATION AND PARK DISTRICT

Sonoma Water provides wholesale drinking water supplies to 600,000 residents in communities as far north as Windsor and south to the Golden Gate bridge. Sonoma Water manages the water storage for drinking water at Lake Sonoma and Lake Mendocino. Sanitation services are provided to more than 75,000 residents in Sonoma County.

The most destructive wildfire in California’s history, the 2018 Camp Fire, killed 86 people, destroyed over 14,000 homes, and displaced nearly 50,000 people—mostly in the first few hours. The Paradise Recreation and Park District (PRPD) has been on the forefront of exploring landscape level defensible space to protect communities within their jurisdiction. The concept is to create protective wildfire risk reduction buffers or “Resiliency Parks” at the wildland urban interface (WUI) that meet multiple community safety, environmental, economic, and health benefits. If implemented, the buffer could provide recreation and tourism based economic activity and meet infrastructure and planning; recreational; health and wellness; healthy forests/ land management; climate and fire adaptation; and potentially local food security goals. This innovative approach shows much promise and support from the community. In 2020, working with an interdisciplinary technical advisory committee and a variety of partners, the effort completed preliminary 22

modeling and an initial study of the approach applied to the local landscape. The next phase will explore the project feasibility, cost benefit analysis, management, and financing of the endeavor, conduct outreach with key landowners and the public, and develop land management options and a future program blueprint. It is anticipated the approach will yield innovative partnerships to meet and finance long-term wildfire risk reduction and land management goals. Like many areas of California, Paradise lies in an extreme fire-threat area – one that has burned repeatedly over the last century, and that will burn again. Thoughtful consideration and integration of actions will enable the community to confidently rebuild in a more resilient way and Paradise can serve as a positive model to other rural areas in high fire risk areas.

DISTRICT SNAPSHOT Prior to the 2018 Camp Fire, Paradise Recreation and Park District served 50,000 people living in a 170-square mile area. The current population is estimated at 25,000 people. The district manages over 1,000 acres of parkland and facilities.

California Special Districts • January-February 2022

collaboration with Stanford University’s Precourt Institute for Energy. This report was released Summer 2021 and can be found at: https://www.actransit. org/sites/default/files/2021-07/EDT060420_Report-ZETBTA.pdf

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT Alameda-Contra Costa Transit District (AC Transit) is advancing towards a zero- emission future through clean transit and green jobs. The California Air Resources Board (CARB) requires that all public transit agencies transition to a 100 percent zero emission bus fleet by 2040. AC Transit is the first in the country to complete a Zero Emission Transit Bus Technology Analysis along with development of the AC Transit Clean Corridors Plan and Zero Emissions Bus (ZEB) Rollout Plan to reach this goal. AC Transit has a proud history of embracing environmental technology in our efforts to better serve our neighborhoods and has long been a recognized leader in this field, both nationally and internationally. Its first hydrogen fueling facility was opened in November 2002. The district has embraced the exhaust emission standards set by CARB for more than 18 years. Since its implementation,

A Long and Distinguished Leader in Zero Emission Bus Technology the transit district has adopted operational practices and programs that proudly exceed state environmental standards – including building one of the most comprehensive hydrogen fuel cell programs in the United States. Currently, it operates battery electric and hydrogen fuel cell battery buses at two bus yard facilities in Emeryville and Oakland. As funding allows, AC Transit continues to purchase and integrate new ZEBs into its fleet – prioritizing their deployment to several disadvantaged communities through its Clean Corridors Plan. In 2019, AC Transit became the first public transit operator to conduct a side-by-side analysis comparing five types of buses: diesel, diesel hybrid, fuel cell electric, battery electric, and legacy fuel cell. This study has been analyzed in

The cost of transitioning the AC Transit fleet to zero-emissions is currently estimated to be $1.1 billion for purchase of zero emission buses and associated infrastructure improvements. This price tag does not include maintenance and operations, nor does it include the workforce development costs associated with this initiative to take the necessary steps to run a 100 percent zero emission fleet. Funding and legislation that supports the purchase of clean vehicles and related infrastructure, as well as equitable access to zero emissions fuel options, is an important way to invest in California’s communities, create a healthier environment, and provide for good-paying and secure jobs.

DISTRICT SNAPSHOT AC Transit operates 24/7 in a 364-square mile service territory. Prior to March 2020, the district carried approximately 189,000 weekday riders and more than 53 million riders annually. About 30,000 were students and 15,000 Transbay riders. District facilities operate in the following cities: Emeryville, Hayward, Oakland, and Richmond. Approximately 1.5 million people live in AC Transit’s service area.

More information is available at csda.net/specialdistrictstour, including a downloadable participation packet and a video of the full tour, along with five-minute videos overviewing the three featured special districts!

Volume 17 • Issue 1

INTERVIEW

Special Districts Benefit From Covid Relief Funding

anuary marks the two-year anniversary of the first case of COVID-19 in the U.S. For two unpredictable years, special districts have worked tirelessly to keep the water flowing, the lights on, to adapt healthcare over and over as new information is informed by new science, to provide ways for people to safely gather and kids to exercise, to respectfully bury those who did not survive the virus, and to maintain the general function of our local governments. From water districts to recreation and park districts, to healthcare, fire protection, and cemetery districts and all the others in between, the frontline workers who operate special districts keep showing up and performing their jobs, to the benefit of their communities all over the state. The effort to keep these essential services in place took a toll on district budgets. Maintenance was deferred and staff members were furloughed, laid off, or stretched thin. Lapses in utility payments and other revenue restrictions forced districts to make difficult budgetary decisions that would affect their communities in the short and long-term. The state and the nation knew relief was needed, and special districts knew that partnership was needed. In 2020, the CARES Act was signed by President Donald Trump. It provided $15.3 billion to California, which went toward education, housing, and some local government functions, such as city and county operations and the general fund. It did not include special districts. This exclusion of special districts from federal funding was the catalyst that inspired CSDA’s collaboration with other states and the creation of the National Special Districts Coalition to secure future pandemic assistance funds for special districts. The Coalition pushed for Congressman John Garamendi’s Special Districts Provide Essential Services Act, and advanced federal lobbying activities to secure the support of California’s U.S. Senators and 27 members of the California U.S House of Representatives delegation. In 2021, as the pandemic continued and the financial impact on special districts mounted, President Joe Biden signed the American Rescue 24

Plan Act (ARPA) which included $27 billion to California’s state government with its nearly 40 million residents. Importantly, it included specific authority for state and local governments to transfer some of their ARPA allocations to special districts. In addition to advocating with elected officials, CSDA communicated proactively with other organizations, such as the Little Hoover Commission and the Legislative Analyst’s Office, to ensure they fully understood the necessity of special districts, and the gap in relief funding. As a result, the Commission published a brief entitled California’s Use of Federal Pandemic Aid, which is available on our website. The brief noted, “The California Special Districts Association projects that the state’s special districts will have an unmet financial need of $2.4 billion by the end of 2021.” At the same time, the Legislative Analyst’s Office, the nonpartisan fiscal and policy advisor to the Legislature, specifically pointed out the gap in relief funding to special districts in their article, A Framework for Allocating Recovery Funds by Gabriel Petek, also available on our website. The efforts paid off: special districts were specifically allocated $100 million in relief funding through a program administered by the California Department of Finance as part of the 2021-22 State Budget. The next step would be assisting districts through the application process. In August, CSDA members received a special edition Take Action Brief to highlight the status of funding and provide an organized framework for special districts to make their voices heard. The brief outlined the eligibility requirements and types of funding available, with details on the required accounting and application processes. CSDA followed up the special edition brief with a webinar in coordination with the Department of Finance to provide further guidance on eligibility and the application process. Finally, CSDA developed a county toolkit to aid in the communication of special district needs to their respective county. The toolkit included a form to help demonstrate and document expenditures and revenue losses incurred as a result of the pandemic and a template letter for special districts to use to request funding. As districts continue to contend with the pandemic’s impacts, CSDA has a toolkit for districts to make county-level requests for unmet and ongoing California Special Districts • January-February 2022

needs, available on our website under the Take Action tab. With the application window closed, allocations are now in process and special districts are receiving their much-needed relief. As the money flows, Californians will benefit from the retention of essential services they depend on for their families and businesses. Playground equipment that may have been on a repair list will now remain open and safe. Fire trucks will carry more firefighters and life-saving equipment and fewer calls for mutual aid will go unanswered. The list of needs is vast, but one thing rings true in the new year: CSDA is grateful to everyone who had a hand in making this legislative win possible. CSDA has received widespread expressions of gratitude and relief from districts in the state, including: • Isla Vista Recreation and Park District has received $697,940 in funding, which it plans to use for

completing routine and deferred maintenance in addition to expanding its scope of local services. A portion of the funds will also be used for covering costs associated with implementing the COVID-19 Encampment Management Policy (CEMP). “This generous funding relief comes at a critical juncture and allows us to start directing our energy into the improvement of local park infrastructure, programs, and community resources,” said IVRPD General Manager Kimberly Kiefer. “We’re certainly grateful for this support and we wish to extend our sincere thanks to the honorable Governor Gavin Newsom and the California State Legislature, along with the California Special District Association for their continued advocacy and support.” • Tulare Local Healthcare District received over $6 million, which it will use to continue work on the Tower

Construction Project to meet seismic compliance and safety standards that began in 2006. “This infusion of funds is a Godsend, as we have not received any significant relief funds up to this point while we have worked hard to maintain all services and keep our Tower Project and additional medical office space construction projects moving forward,” said Kevin Northcraft, president of the District Board of Directors. “We greatly appreciate the support and will make sure it goes to meeting the needs of the residents of our district.”

To stay informed of new information relative to closures, pandemic mandates, legislation and education please follow us on Facebook and Twitter @ CSDAdistricts. For information about the benefits of membership, visit csda. net/join.

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WHAT'S SO SPECIAL

MIDPEN USES WEB MAPPING TO ANSWER YOUR BURNING QUESTIONS ABOUT WILDFIRES By Nathan Greig and Jamie Hawk, Midpeninsula Regional Open Space District

he Midpeninsula Regional Open Space District’s innovative Wildland Fire Map was nominated for a CSDA 2021 Excellence in Technology Award. Their effort showcases yet another time a special district recognized a need in the community and rose to fulfill it. The California wildfires raging in August 2020 spurred an already heightened sense of public anxiety. The CZU, SCU, and LNU Lightning Complex fires ringed the San Francisco Bay Area in flame and choked it in smoke. Intense public interest was met with frustration: myriad data sources, an alphabet soup of agency acronyms, and outdated or conflicting information only fed the despair. In response to the public need, Midpeninsula Regional Open Space District (“Midpen”) developed the Wildland Fire Map that answered the unique questions surrounding the fires. Immediately following its release, the web map went viral across social media and was met with gratitude from the public. The real-time, intuitive and user-customized experience led to the 26

project’s success. The largest information gap could be categorized succinctly as spatial. People wanted to find out where the fires were actively burning, where they’d already burned, where evacuation orders and watches were issued, which roads were closed, which parks were open, and what the air quality counts were. Utilizing Esri’s ArcGIS Online platform to take advantage of its cloud hosting service to allow fast viewing and interaction, the map aggregated live services from external data sources including CAL FIRE, California Office of Emergency Services (CalOES), National Oceanic and Atmospheric Administration (NOAA), Caltrans, AirNow and the National Weather Service (NWS). Over 30 layers were added to the map, including satellitedetected thermal hotspots, fire perimeters, evacuation zones, traffic and fire webcams, road closures, and air quality sensors. The map took all live data into view and Midpen was able to further augment information with their own data as well to inform the community about preserve closures. Several factors contributed to the

viral success of the map’s launch. Primarily, the very real need for a resource was actively being sought by the public. The user-controlled interaction, real-time updates, scalability and mobile interface made it intuitive and customizable. Midpen distributed access to the map using their social media outlets and within hours of its release it was receiving 1,000 views per hour. In its first weekend, the map had been viewed 120,000 times. Midpen received positive reception from citizens and organizations well beyond the intended spatial extent of the map, illustrating the broad need for wildfire data aggregation. Wildfire prevention, preparation and response are part of Midpen’s ongoing land stewardship. As such, the map now includes red flag warning areas and extreme weather event services to aid in conveying live conditions to our community. While winter in California brings reprieve from wildfires, Midpen’s Wildland Fire Map stands ready in the palm of your hand to answer all those burning questions when the next one ignites.

California Special Districts • January-February 2022

2019 BOARD SECRETARY/CLERK CONFERENCE SPEAKER

Business Affiliate Special Acknowledgements BUSINESS AFFILIATE

DIAMOND LEVEL

BUSINESS AFFILIATE

PLATINUM LEVEL

CSDA Finance Corporation www.csdafinance.net

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

Richards Watson Gershon www.rwglaw.com

Special District Risk Management Authority www.sdrma.org

Best Best & Krieger www.bbklaw.com

Umpqua Bank www.umpquabank.com

Liebert Cassidy Whitmore www.lcwlegal.com BUSINESS AFFILIATE

GOLD LEVEL

Actuarial Retirement Consulting, LLC www.awenarc.com

CPS HR Consulting www.cpshr.us

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

Aleshire & Wynder, LLP www.awattorneys.com

Eide Bailly CPAs www.eidebailly.com

Redistricting Partners www.redistrictingpartners.com

AllPaid, Inc dba GovPayNet www.allpaid.com

Five Star Bank www.fivestarbank.com

SitelogiQ www.sitelogiq.com/

Brown Armstrong Accountancy Corp. www.bacpas.com

Granicus www.granicus.com

Slovak Baron Empey Murphy & Pinkney LLP

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

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The California Special Districts Alliance is a collaborative partnership between the California Special Districts Association (CSDA), CSDA Finance Corporation, and Special District Risk Management Authority (SDRMA). These three highly respected statewide organizations join forces to help special districts in California better serve their communities. The California Special Districts Alliance provides current and prospective CSDA members with premier resources for information, products, and services including advocacy, professional development, financing services, risk management, and more. For more information contact membership@ csda.net or 877.924.2732. Volume 17 • Issue 1

SOLUTIONS AND INNOVATIONS

USING ARTIFICIAL INTELLIGENCE TO DETECT CONDITION OF SEWER MANHOLE COVERS By Scott Carroll, CSDM, ICMA-CM, General Manager, Costa Mesa Sanitary District

as your vehicle ever been damaged after driving over a deteriorated manhole cover? Has your vehicle ever required a wheel realignment after driving over a poorly maintained manhole cover? Did you almost experienced a traffic accident because the street pavement surface surrounding the manhole cover was in such poor condition that motorist were inadvertently changing lanes to avoid driving over the manhole cover? Safe drivers tend to look out for possible obstacles and attempt to avoid accident situations. But there are some drivers who come across dangers that are not very common at all. In fact, some of the most common street features can become extremely dangerous to even the safest drivers. Manhole covers, if not properly maintained, can pose significant safety hazards to motorists. If damaging your vehicle from a poorly maintained manhole is not enough to make you irritated, then wait until you submit a reimbursement claim to the public agency for repairs performed on your vehicle. Chances are the public agency was not aware of the manhole defect or poor 28

condition, so the agency will deny the claim because California law gives public agencies immunity for unknown street conditions. The Costa Mesa Sanitary District (CMSD) believe public agencies have a responsibility to properly maintaining their asset to ensure public safety. While California immunity laws give public agencies a way out to paying claims, CMSD believes the right way to preventing such claims is to implement proactive maintenance programs. In 2013 and in 2015 the District hired a consultant to inspect the condition of CMSD’s more than 5,000 manhole covers and surface area. The consultant visited every manhole and assigned a rating of 1 to 5 with 1 meaning the manhole is in excellent condition and 5 meaning the manhole needs immediate repair. CMSD estimates it takes 10 minutes to inspect one manhole cover when you take into consideration drive time, traffic control set up/break down and inspection. An intangible cost and a significant risk factor to the inspection

program is safety. There is great risk to employee and public injuries when performing inspections on streets, especially heavy traffic volume streets. Employees are at risk of potentially being struck by a fast-moving vehicle. CMSD spent $52,000 for the 2013 and 2015 inspection reports, but CMSD was considering hiring the consultant again because additional resources were needed for the inspection program due staffing issues and the priority for cleaning sewer pipes. Staff estimated it would cost $30,000 to hire the consultant again. A better way had to be found that was effective, efficient, and less costly. CMSD believes a better way has been found by using artificial intelligence to detect condition of sewer manhole covers. By partnering with Google Cloud and SpringML (ML stands for Machine Learning), a company that specializes in advanced data analytics and machine learning, CMSD became the first public agency in the U.S. to develop and implement an artificial intelligence manhole detection model. This model can detect manholes, monitor their condition,

California Special Districts • January-February 2022

Volume 17 • Issue 1

deterioration. The bottom of the picture provides detection details that include GPS coordinates, date manhole cover was detected, rating and address. The website also offers a view list of all the recorded manhole covers. The list provides detection details such as the manhole cover ID number, rating, detection date and an action button that downloads the picture and GIS location of the manhole cover. Sometimes, the model will not give manhole covers the correct rating or it does not identify deteriorated areas surrounding the manhole cover. Staff can manually make the changes on the website, which eventually teaches the model and makes it smarter for future recordings. The more data it receives the smarter the model gets. Sometimes the model will identify recordings that are not sewer manhole covers such as utility vaults, water clean outs, storm drains, etc. The website allows staff to confirm if the recording is a sewer manhole cover or not. If the recording is not a sewer manhole cover, then staff will identify the object as not a sewer manhole cover and the model will delete the recording from its system. Another feature of the website is the search mode.

LA RG E D IS TRICT

and quickly identify those that need to be repaired. The model works like this. Once every six months, CMSD’s Code Enforcement Officer will spend two weeks recording streets in CMSD’s service area. A GoPro camera is attached to the hood of the code enforcement vehicle, facing the ground and with no visible horizon in the shot which guarantees no personal information will be recorded. The Code Enforcement officer is being used to record the service area because he is the only employee who drives around the District daily. CMSD explored the option of having wastewater staff record, but they only drive from the yard to a sewer lift station or a designated area to clean. The wastewater maintenance staff would not be able to record the entire District quarterly and it would take away from their cleaning schedules. The Code Enforcement Officer can record the service area in two weeks by recording anywhere from 1.5 to 2 hours a day while still investigating open cases and responding to new ones. After recording for the day, staff will upload the videos onto Google Cloud for the machine learning model to automatically process and provide manhole results on a website created by Spring ML for staff to utilize. The website provides manhole results with GPS location, manhole ID, and grade. After videos are processed, staff will need to verify results and manholes graded 5 and 4 will be shared with the Wastewater crew for further handling. As more data is fed into the model, the system becomes smarter and there will be less time needed by staff to verify results. The website offers a GIS map view that illustrates all the manhole cover recordings in pinpoint locations. The pinpoints are color coded to easily identify the rating system of each manhole cover. Staff can click on one of the pinpoint locations to pull up a picture of the manhole cover. More information about the manhole cover is provided after clicking on the picture. Staff can retrieve an up-close picture of the manhole cover to view the condition and identify

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Staff can type in the manhole cover ID number and the recording along with the GIS location will appear. The cost to create the artificial intelligence manhole cover detection model was $71,000, which is $20,000 more than the consultant that performed the two inspection studies in 2013 and 2015. However, the savings is from CMSD inspection labor. Staff estimates it is taking 682 hours annually, at a cost of continued on page 30

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SOLUTIONS AND INNOVATIONS

$43,500 to inspect manhole covers. The AI manhole detection model does not require staff to go in the field to inspect manhole covers. Instead, manhole covers are inspected in the office where staff is spending approximately sixteen hours a year reviewing the recordings and making necessary revisions to the model. Intangible benefits of the AI manhole cover detection model include safety. Now, CSMD employees are not subjecting themselves to potential injuries by being struck by fast moving vehicles. In addition, the 682 hours spent on inspections can now be transferred to other operational areas such as enhanced cleaning of the sewer system and/or performing closed circuit televising of pipeline to evaluate said pipeline current condition.

Also, the model is inspecting manhole covers more frequently (twice a year). Using Artificial Intelligence (AI) is nothing new in the private sector. Many companies are deploying the right AI technology to save time and money by automating and optimizing routine processes and tasks to increase their productivity and operational efficiencies. It’s time for the public sector to get in the game by taking advantage of cognitive technologies to improve operational efficiencies and save taxpayer money. Costa Mesa Sanitary District’s Manhole Management Program does just that.

TRADITIONAL METHOD

COST

AI MANHOLE COVER DETECTION MODEL

Inspection Consultant (2013 & 2015)

51,702

71,109

Consultant (AI System)

CMSD Inspection labor*

43,484

2,816

*Reviewing recorded MH’s

Inspection Consultant (2021)

30,000

409

Total Cost

125,186

73,925

• CMSD annual hours spent on inspecting Grade 3 MH Covers 682 • 16 CMSD annual hours spent viewing video recordings • *Cost includes inspecting 4,093 MH that were rated Grade 3 in 2013 & 2015 studies. Over time, the MH’s will deteriorate to Grade 4 and/or 5 • * Condition of all 5,185 MH’s performed every three months (4x a year). MH’s are inspected more frequently than old solution

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California Special Districts • January-February 2022

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Volume 17 • Issue 1

LEGAL BRIEF

THE NEW WORLD OF REMOTE WORK: COMPLIANCE ISSUES AND EMPLOYEE MANAGEMENT By Ryan A. Quadrel, Esq., Slovak Baron Empey Murphy & Pinkney LLP

emote work was relatively uncommon before COVID-19, with fewer than one-third of employees performing at least some remote work. Now, nearly half of the American workforce continues to work remotely. It has been more than a year since stay-at-home orders were lifted and it looks like remote work is here to stay. Employers had to react quickly to the challenges of the pandemic and may not have had the luxury of time to properly implement a remote work policy under those circumstances. From a legal compliance standpoint, a good remote work policy should address the following, at a minimum:

Timekeeping The Department of Labor explains that employers must use “reasonable diligence” to determine the hours worked. The relevant inquiry is what the employer “should” know, not what the employer “could” know. The following are some best practices for keeping time for non-exempt employees who are working remotely: • Have a set schedule. If flexible schedules are needed, require employees to communicate when they will be working and set reasonable limits on this. • Train managers and employees that they are not expected to perform any work (e.g., responding to emails) outside of scheduled work time. • Implement and communicate reasonable procedures for reporting ALL hours worked. • Do not discourage accurate and complete reporting.

Meal and Rest Breaks Employers run the risk of noncompliance when an employee working remotely decides to take a meal break and is interrupted by a manager or supervisor who might not have been aware of this when they called or texted the employee to discuss work. The best practice is to have a set time for meal and rest breaks and train management not to contact employees during scheduled breaks. Employees must accurately document the time that they started and ended their meal break. Rest breaks do not need to tracked, but employees should be reminded that they need to take them even when they are working remotely. 32

Reimbursement of Business Expenses The California Labor Code requires that an employer reimburse an employee for all “necessary” business expenses incurred by the employee as a direct consequence of performing the job. (Lab.C. §2802). Common expenses for remote employees include cell phones, home internet plans, computers, office supplies, postage, printing costs and computer software licenses. Whether or not the expense was “necessary” for the employee to incur should be evaluated on a case-by-case basis, but employers should consider what is reasonable under the circumstances of an employee who is working remotely. A written remote work policy should address the employer’s process for reimbursing these expenses. For expenses that are difficult to calculate, such as the employer’s use of a cell phone for both personal and business-related purposes, employers may consider a monthly stipend. An employee’s agreement to this stipend is good evidence that this stipend was reasonable.

Security and Confidential Information Employees with access to sensitive information should work on IT-approved hardware and internet connections to servers must be secure. Employees with access to trade secret and confidential information should renew their commitment, in writing, to protect this information and should be required to conduct work on work devices only, not on personal hardware or personal email accounts. If employees provide sensitive health information while working remotely (e.g., COVID-19 test results), employers should ensure that it is properly stored and that other employees do not have access to it.

Employee Management Considerations For many employers, productivity is a major concern for remote work. Keystroke tracking and other technologies have been implemented by employers who want to monitor employee activity more closely. Employers considering this should be aware of the privacy, security and employee trust issues that may arise from the use of this technology. The California Constitution affords all persons a reasonable expectation of privacy and that privacy is heightened in the home and on personal devices. Employers should obtain written consent from employees and develop a written privacy policy before implementing these measures.

California Special Districts • January-February 2022

Constitutional Considerations for Public Agency Employees The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures by government actors, including public agency employees. The U.S. Supreme Court recently addressed the issue of privacy expectation in public workplace electronic communications. Based on their decisions, public agency employers considering the use of computer monitoring should: 1. Establish privacy expectations with a coherent policy that covers all technologies used in the workplace; 2. Require affirmative consent by employees; 3. Clearly articulate a work-related purpose; and 4. Reasonably limit any search to the employer’s legitimate, work-related objectives.

The “Great Resignation”

Litigation Concerns

If the current labor market is any indication, this pandemic has shifted perceptions of what it means to “work.” Employees and job candidates are now seeking more flexible work arrangements and the option to work from home when practicable. Many workers are still anxious about returning to their place of work and are seeking more physical privacy in their work environment to feel safe. Employers seeking to remain competitive in this labor market ought to consider these factors, especially if they are struggling with employee retention. Many employers have embraced employee preference for the hybrid model, which allows employees to balance the convenience and safety of working from home with working in the office for in-person collaboration and productivity.

Labor laws in California are notoriously employee oriented. Indeed, more employment lawsuits related to COVID-19 have been filed in California than in any other state. Wage and hour violations, wrongful termination, retaliation and disability discrimination are among the most commonly asserted claims. The majority of these lawsuits have contained at least some factual allegations related to remote work arrangements. Crucial to the defense of any employment lawsuit is evidence of employer policies and practices that comply with California law. Employers permitting employees to work remotely should work with experienced and knowledgeable employment counsel to implement such policies and mitigate the risks of liability inherent with remote work.

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Volume 17 • Issue 1

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

TAKE ACTION

CSDA Focused on Special Districts’ Priorities in the Legislature

TAKE ACTION

Special districts provide essential services to millions of Californians every day. It’s time for you to tell your story. The Capitol, the media, and, most importantly, the community you serve should understand the difference your special district makes. Throughout the month we’ll be touching on topics such as meeting with elected officials, taking positions on legislation, writing a letter to the editor, and grassroots mobilization. Check your inbox every Tuesday in February! To get started visit our Take Action Toolkit at csda.net/take-action where you’ll find resources and a preview of what’s to come. Week Three: Writing a Letter to the Editor • Let your local paper know what you think

Week One: Requesting Meeting with Elected Officials • How to ask for a meeting with your legislator • Tips and tricks to get the most out of your meeting

Week Four: Grassroots Mobilization • How to contact your elected officials • Already have a relationship with your legislator? Let us know by taking a quick survey.

Week Two: Taking Positions on Legislation • Submit position letters in a timely manner by adopting an official district policy • Submit your official position on legislative measures • How to write a successful letter to the Legislature

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Volume 17 • Issue 1

MANAGER’S CORNER

DISASTER STRIKES:

The Importance of Incident Command

Co-authored by Chelsey Perkins, Planning Specialist, Connect Consulting Services; and Erik Angle RN, MICN, MEP, NHDP, Emergency Preparedness Coordinator, Sutter Roseville Medical Center

It could be a day just like any other day. Then the world around you can change forever. From natural disasters (such as wildfires, earthquakes, tornadoes, and hurricanes) to humancaused disasters (such as terrorism, active shooters, hazardous materials spills) disasters will happen. Knowing the risks, planning for the risks, and understanding actions to perform when they do happen can be critical for your safety and safety of your personnel, your business, and your customers.

The use of the Incident Command System (ICS) is one of the key actions that can be used for successful response to all-hazard disaster incidents. Below you will find a howto-guide to operationalize ICS within your organization. ICS is a vetted concept and has been around more than 30 years. Through two separate incidents, wildfires in 1970 and the 9/11/2001 terrorist attacks, the system evolved and has been adopted by a wide variety of local, state, and national emergency management and law enforcement organizations due to its many documented successes. Today, it serves as a model all-risk, all-agency emergency management system. ICS is a system, not a policy, used to direct, control, and coordinate the efforts of individual agencies as they work towards the common goal of stabilizing an all-hazard incident to protect life, property, and the environment. The “all-hazard” concept means that aspects of ICS can be used for any type for disaster, from natural (Wildfire or Severe Weather Responses) to human-caused (such as 9/11 or the Las Vegas Harvest Festival Active Shooter Incident) ICS uses principles and best practices that have been proven repeatedly to improve safety, efficiency, and effectiveness and applies these principles to emergency response. During all-hazard emergencies, problems and challenges often occur because leadership and management systems that work well on a day-to-day basis California Special Districts • January-February 2022

LEARN MORE! cannot effectively meet the additional needs during a disaster. Key benefits for using ICS include: • Establishes a predictable Chain of Command, no confusion on who would be in charge (i.e., Incident Commander) • Provides a manageable span of control, limiting the number of personnel being managed under a leader and providing ability to add other leadership roles to supervise (i.e., Section Chiefs, Branch Directors) • Clearly delineates roles and responsibilities with titles and Job Action Sheets • Uses standard or common terminology to ensure clear communication (i.e., no codes, no jargon) through a common communication plan ICS divides an emergency response into five manageable functions essential for safe emergency response operations. These Include: • Command Section sets the priorities and objectives for overall command and response to the incident. This section includes the key roles: o The Incident Commander is responsible for the overall management of the incident and is always activated in response o The Public Information Officer reports to the Incident Commander and is responsible for the development and release of information about the incident. o The Safety Officer is responsible for monitoring and assessing hazardous and unsafe situations as well as developing measures for assuring personnel and responder safety. o The Liaison Officer serves as the point of contact for assisting and coordinating activities between the facility and other responders and agencies.

Volume 17 • Issue 1

• Operations Section has responsibility for tactical “boots on the ground” operations to carry out objectives for incident response • Planning Section is responsible for collection, evaluation, and dissemination of information and intelligence related to the incident and provide documentation of incident response • Logistics Section is responsible for providing the necessary resources and support to meet incident response needs • Finance and Administration Section is responsible for monitoring and documenting all costs, including additional staffing costs and workers compensation if injuries occur during the response as well as provides the necessary financial support related to the incident The basic structure of ICS is the same regardless of the type of emergency, is scalable for response, and will reflect the magnitude of the incident. Not all positions and roles need to be filled but only activated as needed. To create a culture of preparedness for your agency, it can be done by a process: • Establish a Team or key individual at your agency to be a designated Subject Matter Expert and oversee developing an emergency preparedness/response plan. This would include development of an ICS structure and training. • Know your capabilities and risks. Conduct a risk assessment regarding hazards your agency and region may face and your current ability to address those. This will help develop mitigation steps needed for response, including training, role designation of personnel in ICS and response. • Use the risk assessment to help develop your emergency plan(s) and program. This may include response to specific hazards, communication, command

Watch the CSDA On-Demand Webinar:

Tools for Managing Disaster Response and Recovery Visit csda.net under the Learn tab.

and control structure in ICS, leadership orders of succession and even identified training needed. This should be done annually as a best practice. • Approve and implement the plan(s). Make it a “living document” and useful, not something that just gathers dust and is outdated the minute it gets approved. Update the plan on a as needed basis and routinely review for accuracy and applicability. Practice the plan, use lessons learned in drills/ exercises and actual incidents to streamline your plan, and train your ICS staff for their roles (as a common issue identified in poor incident response is lack of trained personnel holding key ICS positions). In conclusion, ICS is a tried and true is the system used to command, control, and coordinate the response efforts of individual agencies as they work towards the common goal of stabilizing an emergency to protect life, and property. It is tried and true system based on best-practices and lessons learned from disaster incident response. When disaster strikes, from natural or humancaused, knowledge and use of ICS can be a crucial tool to have for safe all-hazard response.

MANAGING RISK

OSHA

Reporting with Updated COVID-19 Guidance By Debbie Yokota, ARM, Chief Risk Officer, Special District Risk Management Authority

Employers have had to adjust to a lot in 2020 in response to the COVID-19 pandemic. One item that may have slipped under the radar is Cal-OSHA’s recording and reporting requirements for employees who contract COVID-19 on the job. As described below, work-related COVID-19 infections are recordable for those employers who are required to maintain Cal-OSHA 300 logs. Certain work-related COVID-19 infections that result in death or hospitalization must also be reported to Cal-OSHA.

CAL/OSHA’s 300 LOG REPORTING REQUIREMENTS First it is important to remember what must be reported on a California employer’s 300 log. To be recordable, an illness must be work-related and result in one of the following: • Death (Reportable within 8 hours of employer’s knowledge) • Days away from work • Restricted work or transfer to another job • Medical treatment beyond first aid* • Loss of consciousness • A significant injury or illness diagnosed by a physician or other licensed health care professional. (Reportable within 8 hours of an employer’s knowledge) Employers with ten or fewer employees are exempt from the recordkeeping requirements and are only required to report illnesses that result in a fatality or an employee’s inpatient hospitalization. Employers in California that have establishments meeting one of the requirements below are required

California Special Districts • January-February 2022

annually to electronically submit Form 300A injury and illness data: • All establishments with 250 or more employees, unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations. • Establishments with 20 to 249 employees in the specific industries listed in Appendix H of Cal/OSHA’s regulations regarding occupational injury and illness records. The deadline for submission each year is March 2nd, and employers covered by the electronic submission requirements must submit their Form 300A data for the previous calendar year. For example, employers must submit their Form 300A data for the 2021 calendar year by March 2, 2022.

CAL/OSHA’S COVID-19 RECORDKEEPING REQUIREMENTS Cal-OSHA maintains that workrelated exposure to COVID-19 is a recordable incident and must be recorded in an OSHA 300 log if the following three requirements are met:

“While Cal-OSHA considers a positive test for COVID-19 determinative of recordability, a positive test result is not necessary to trigger recording requirements.” 1. The case is a confirmed diagnosis of COVID-19 as defined by the CDC; 2. The case is “work-related,” which is defined by OSHA as an “event or exposure in the work environment [that] either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness”; and 3. The case involves one or more of the general recording criteria specified by OSHA regulations, which are injuries and illnesses that result in one of the following: death; days away from work; restricted work or transfer to another job; medical treatment beyond first aid; loss of consciousness; and/or a significant injury or illness diagnosed by a physician or other licensed health care professional.

Given the manner in which a virus like COVID-19 is contracted, it can be difficult for employers to determine whether a COVID-19 illness is workrelated, especially when an employee had possible exposure both in and out of the workplace. If an employee becomes sick at work, it does not matter if the illness is work-related. Employers must report all serious injuries, illnesses or deaths occurring at work without making a determination about work-relatedness. An employer should also report a serious illness if there is cause to believe the illness may be work-related, regardless of whether the onset of symptoms occurred at work. While Cal-OSHA considers a positive test for COVID-19 determinative of recordability, a positive test result continued on page 40

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, AU, 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 TIM UNRUH, CSDM, Kern County Mosquito & Vector Control District JESSE CLAYPOOL, Honey Lake Valley Resource Conservation District THOMAS WRIGHT, Clovis Veterans Memorial District

Consultants JAMES MARTA, CPA, James Marta & Company, LLP LAUREN BRANT, Public Financial Management DEREK BURKHALTER, Bickmore Actuarial CHARICE HUNTLEY, River City Bank FRANK ONO, ifish Group, Inc.

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

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

Volume 17 • Issue 1

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

MANAGING RISK

is not necessary to trigger recording requirements. There may be other situations in which an employer must make a recordability determination even though testing did not occur or the results are not available to the employer. In these instances, the case would be still be recordable if it meets any one of the other general recording criteria described above, such as resulting in days away from work. Cal-OSHA recommends erring on the side of recordability. For COVID-19 cases, evidence suggesting transmission at or during work would make a serious illness reportable. An employer should consider these factors: • Multiple cases in the workplace. • The type, extent, and duration of contact the employee had at the work environment with other people, particularly the general public. • Physical distancing and other controls that impact the likelihood of work-related exposure. • Whether the employee had workrelated contact with anyone who exhibited signs and symptoms of COVID-19. For recordkeeping purposes, an injury or illness is considered workrelated if an event or exposure in the work environment either caused or contributed to the resulting condition, or significantly aggravated a pre-existing injury or illness. An injury or illness is presumed to be work-related if it results from events or exposures occurring in the work environment unless an exception in section 14300.5(b)(2) specifically applies. A work-related exposure in the work environment would include interaction with people known to be infected with SARS-CoV-2 (the virus that causes COVID-19); working in the same area where people known to have been carrying SARS-CoV-2 had been; or sharing tools, materials or vehicles with persons known to have been carrying SARS-CoV-2. Given the disease’s 40

incubation period of 3 to 14 days, exposures will usually be determined after the fact. If there is not a known exposure that would trigger the presumption of work-relatedness, the employer must evaluate the employee’s work duties and environment to determine the likelihood that the employee was exposed during the course of their employment. Employers should consider factors such as: • The type, extent, and duration of contact the employee had at the work environment with other people, particularly the general public. • Physical distancing and other controls that impact the likelihood of work-related exposure. • Whether the employee had workrelated contact with anyone who exhibited signs and symptoms of COVID-19. If after conducting the above goodfaith inquiry the employer cannot determine whether it is more likely than not that the employee’s exposure in the workplace caused the COVID-19 illness, the employer does not need to record the COVID-19 illness on their OSHA 300 log. Thus, employers need to conduct an investigation into whether an employee’s COVID-19 infection was work-related, even if that investigation is relatively straightforward. Employers should keep documentation of its work-relatedness investigation in the event OSHA questions the sufficiency of its decision not to record a COVID-19 illness.

OSHA’S COVID-19 REPORTING REQUIREMENTS The same difficult work-relatedness assessment discussed above also comes into play when considering whether to report (by telephone or online) a confirmed COVID-19 case to OSHA. The reporting obligation applies to 1) in-patient hospitalizations, or 2)

fatalities resulting from a work-related exposure to the virus. A hospitalization for COVID-19 only becomes reportable when the employee receives a formal admission to the in-patient service of a hospital or clinic for care or treatment (not merely observation or diagnostic testing) within 24 hours of exposure to COVID-19 in the workplace. Employers must report such a hospitalization to OSHA within 24 hours of knowing both that the employee became hospitalized and that the hospitalization resulted from a work-related case of COVID-19. This scenario has a lower probability given COVID-19’s epidemiology, where individuals typically remain asymptomatic for the first 24 hours after exposure and hospitalizations (if they occur) happen later in time. A fatality due to a work-related case of COVID-19, on the other hand, is reportable if it occurs within 30 days of the exposure to the virus in the workplace. Employers must report such a fatality within eight hours of learning that the employee died as a result of a work-related case of COVID-19. Obtaining reliable information on whether the employee’s death resulted from COVID-19 may likely pose a practical challenge. The cause of death is protected health information and thus not simply a matter of contacting the treating health care institution for details. Sometimes family members of the employee will report this information to the employer. OSHA has not provided solutions for how employers are to acquire COVID-19-related health information from employees.

IS TIME AN EMPLOYEE SPENDS IN QUARANTINE CONSIDERED “DAYS AWAY FROM WORK” FOR RECORDING PURPOSES? No. Unless the employee also has a work-related illness that would otherwise require days away from work, time spent in quarantine is not “days away from work” for recording purposes. California Special Districts • January-February 2022

DISTRICTS MAKE THE DIFFERENCE

DISTRICTS MAKE THE DIFFERENCE:

A Look Back On

istricts Make the Difference (DMTD) is a public outreach campaign to spread the word about the many special districts that enhance communities across the U.S. During its early years, DMTD successfully promoted the important work of individual districts throughout California. In 2021, the outreach campaign expanded nationwide through a partnership with the National Special Districts Coalition (NSDC) to promote special districts across the country. DMTD saw astronomical growth last year. The audience for our Twitter, Facebook, and YouTube profiles grew by nearly 200% and our posts were viewed over nine million times across all platforms. We look forward to continuing to promote the excellent work of special districts in 2022.

2021

TOP FIVE CALIFORNIA SOCIAL MEDIA POSTS OF 2021 FIRE DISTRICTS FIGHT BLAZE

Our top post of 2021 exemplifies how grateful communities are for the brave men and women in their local fire districts. This post about how the Carpinteria-Summerland Fire Protection District and others worked to quickly extinguish a wildfire in Ventura County reached over 600,000 individuals and was shared nearly 3,000 times.

EAST BAY MUNICIPAL UTILITY DISTRICT DISCOVERS FOSSILS Ten million-year-old fossils discovered by a special district in a local watershed? We thought this story featuring the East Bay Municipal Utility District was cool, and apparently, our followers did, too! This DMTD post was shared more than 100 times.

A public outreach campaign supported by the California Special Districts Association to provide information about special districts, descriptions on how they serve communities, and compelling content. Visit us at districtsmakethedifference.org. Volume 17 • Issue 1

BELOVED FIRE CHIEF RETIRES

Chief Schapelhouman of the Menlo Park Fire Protection District retired in July 2021 after 40 years with the department. DMTD congratulated him in a post that garnered nearly 1,500 messages of gratitude and support.

RESOURCE CONSERVATION DISTRICT OF THE SANTA MONICA MOUNTAINS MAKES HISTORY The Resource Conservation District of the Santa Monica Mountains (RCDSMM) is prioritizing the safety of motorists and wildlife by building the world’s largest wildlife crossing across a portion of the 101 Freeway. This DMTD post highlighted the record-breaking $25 million conservation challenge grant awarded to RCDSMM by the Annenberg Foundation, which got them one step closer to breaking ground on this project.

CONSERVATION DISTRICT HOSTS SUCCESSFUL COASTAL CLEANUP DAY

The Solano Resource Conservation District collected more than 21,000 pounds of trash debris and 500 pounds of recyclables at its annual Coastal Cleanup Day. Thanks to DMTD, news of this event’s success reached over 70,000 people on social media.

MAKE THE

MONEY MATTERS

USING CFDS TO FINANCE INFRASTRUCTURE, FACILITIES, AND FUND DISTRICT SERVICES Co-authored by Sara Mares, Director, NBS; and Rick Brandis, Managing Director, Oppenheimer & Co. Inc.

he Community Facilities District (“CFD”) may be the most flexible funding and financing tool available to California’s local governmental agencies. This flexibility is demonstrated by the following attributes: • A wide variety of facilities and services can be funded • The special taxes can be apportioned simply on a reasonable basis, as opposed to the stringent benefit requirements of special assessments • Flexibility is strengthened by utilizing zones, annexation areas, and improvement areas These attributes can suit almost any situation, which makes the CFD an excellent choice for many municipalities seeking funding or financing. A CFD can fund or finance a broad array of services over time and can be used by most types of special districts. The services that can be FUNDED include the following: • Police protection • Fire protection and suppression • Ambulance/paramedic services • Recreation programs • Library services • School maintenance • Operation and maintenance of museums and cultural facilities • Maintenance of lighting of parks/parkways/streets/roads/ open space • Flood and storm protection services • Hazardous substance remediation/removal • Maintenance and operation of any real property with an estimated useful life of five years or more owned by the local agency (or another local agency with a joint community facilities agreement) Virtually any improvement or infrastructure can be FINANCED with a CFD. In addition to financing typical construction of parks, schools, and subdivision backbone infrastructure, CFDs can be used to: • Repay existing indebtedness secured by a tax, assessment or fee, including that of another public agency

• Finance seismic safety and earthquake damage • Pay for remediation of hazardous substances and soil deterioration What Type of Debt can be Utilized With a CFD? A CFD can leverage debt for capital facilities financing. The special tax levy, secured by the property within the CFD, is the security for any debt issued. Debt financing options include land-secured municipal bonds (Mello Roos Special Tax Bonds), bank loans, and State Revolving Fund loans. The debt is typically tax exempt and a limited obligation (i.e., not a general obligation) of the issuing agency. As tax exempt debt, public agencies and taxpayers get the advantage of lower interest rates. When issuing debt to finance capital facilities, the issuer must consider the costs of issuance, the value of the underlying property (an appraisal may be required if the property is in a developing condition), the overall tax burden on the property including ad valorem taxes, and other overlapping debt. In some cases, facilities may be financed with pay-asyou-go funding in addition to or instead of issuing debt. How is a CFD Formed? A CFD can be initiated by registered voters, landowners, or members of a legislative body. The formation process begins with the one-time adoption of local goals and policies outlining the criteria under which CFDs may be used for facilities, services or both, credit requirements related to bonds issued and appraisal standards. Through a series of resolutions, the Rate and Method of Apportionment and Boundary Map are subsequently approved, the CFD is formed, and the election is called. With 2/3 approval of voters (if 12 or more registered voters reside within the boundaries of the proposed CFD) or landowners by acreage (if fewer than 12), the CFD is confirmed, and the special tax levy is ordered. If there are 12 or more registered voters within the boundary of a CFD, an election must be held. Some agencies choose to consolidate with another election, while some may hold a mailed ballot or special election. Polling consultants may be used before the CFD formation process officially begins to determine whether there is sufficient voter support to win election approval. Outreach or strategy consultants may assist with developing informational messaging, preparing presentations for community meetings, writing informational mailings, and developing

California Special Districts • January-February 2022

LEARN MORE! strategies early on for engaging key stakeholders. An advocacy campaign may be mounted: This cannot be funded by public dollars but rather it needs to be privately funded. How is a CFD Managed Once it is Formed? After formation, the CFD needs to be managed. On an annual basis, the special tax levy is calculated according to the RMA (the special tax “formula”) and typically billed via the county tax property billing process, though direct billing is allowed. The active parcels must be determined, and the special taxes allocated to any new parcels. Development status and land use may require review for each parcel. Any

annexations must be accounted for. Once the parcel and property data has been determined, rates may require updating based on a cost-ofliving inflator before being applied to each parcel. Mandatory reporting is needed, managing payment delinquencies is often required, and continuing bond disclosure may be necessary as part of the overall administration process. The annual administration is typically done by the same consultant that provided the formation services. Special districts, cities, counties, and school districts have used the CFD since 1982 when the Mello Roos Community Facilities Act became law.

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

Watch the CSDA Webinar:

Financing with Flexibility: Using CFDs to Finance Infrastructure, Facilities and Fund District Services Date: July 26, 2022 Register at csda.net under the Learn tab.

Recent Financings Last year, CSDA Finance Corporation facilitated more than $77 million in financings both large and small for special districts throughout the state. From a $20 million bond offering for an electrical substation project to a $300,000 lease financing for a snowplow purchase, we provided solutions for a wide range of financing needs. Here are a few examples of financings closed in 2021:

Members of the Board GEORGE EMERSON, Goleta Sanitary District PAUL HUGHES, CSDM, South Tahoe Public Utilities District MATTHEW MCCUE, Coachella Valley Cemetery District

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

Staff NEIL MCCORMICK, Chief Executive Officer CATHRINE LEMAIRE, Coordinator AMBER PHELEN, Executive Assistant RICK WOOD, Finance & Administrative Director CSDA Finance Corporation 1112 I Street, Suite 200, Sacramento, CA 95814 tel: 877.924.2732 • www.csdafinance.net CSDA F C

Volume 17 • Issue 1

Lassen Municipal Utility District Electrical Substation - $20,000,000 McKinleyville Community Services District Water/Wastewater System Improvements - $7,895,000 Pixley Irrigation District Canal Restoration Project - $5,000,000 Groveland Community Services District Refinancing Water Bonds - $3,000,000 Auburn Area Recreation and Park District Energy Efficiency Projects - $2,190,000 Capistrano Bay Community Services District Property Purchase - $1,020,000 Ebbetts Pass Fire Protection District Fire Engine - $800,000 We have solutions for your financing needs, large and small. Contact CSDA Finance Corporation at 877.924.2732 or visit csdafinance.net.

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Show Us How Special Districts Make the Difference! WWW.DISTRICTSMAKETHEDIFFERENCE.ORG/VIDEO-CONTEST

Volume 16 • Issue 5

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!

MAKE THE

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California Special Districts • January-February 2022

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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.

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