2022 CA Special District July - August

C ALI FO R N I A

SPECIAL DISTRICTS Vo l um e 17, I s s u e 4 • Ju l y- Au g u st 2 0 2 2

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

SDLF District Spotlight • PAGE 12

Ventura Port District Interview • PAGE 24

Being Extraordinary:

It’s An Inside Job Ayanna Castro Keynote Speaker at the 2022 Board Secretary/Clerk Conference

Legal Brief • Page 31

Managers Corner • Page 40

Wage and Hour Law Update for California Special Districts

You Need It. How Do You Do It?

CSDA Commercial Card

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California Special Districts • July-August 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.

Complete the District of Distinction application and take the challenge TODAY!

START THE CHALLENGE TODAY! Volume 17 • Issue 4

Complete the Districts of Distinction Level Up Commitment Form: www.sdlf.org/districts-of-distinction

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TABLE OF CONTENTS

Interview: Being Extraordinary: It’s an Inside Job

24

Ayanna Castro Keynote Speaker at the 2022 Board Secretary/Clerk Conferencee

05 CEO Message 07 Professional Development 08 CSDA News 11

You Ask, We Answer: Form 700

Feature: Civility Matters

18

17 Movers and Shakers 28 Community Connections: The Gold Spotted Oak Borer Story

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31 Legal Brief: Wage and Hour Law Update for California Special Districts

38 Money Matters: What Your Board Needs to Know About Financing

33 Take Action

40 Managers Corner: You Need It. How Do You Do It?

12 SDLF District Spotlight

34 Districts Make the Difference: Student Video Contest Winners

15 Ask the Experts: Mastering the Hybrid Work Environment: Cultivating Culture and Overcoming Challenges

36 Managing Risk: Violence in the Workplace — Mitigating Risk and Proactively Responding to Threats

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

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Solutions and Innovations: OCMVCD Leveraging Artificial Intelligence with Nearmap for Mosquito Breeding Pool Detection

41 What’s So Special: Case Study: Creating the Upper Santa Ana River Habitat Conservation Plan

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

California Special Districts • July-August 2022

CEO MESSAGE

CSDA Announces Launch of New Member Benefit for District Investments:

California CLASS We are always looking at ways to enhance the value of membership in CSDA and provide meaningful resources to all types of districts and I think this new program hits the mark! I’m pleased to announce the official launch of our newest value-added benefit, the creation of a local government investment pool (LGIP), California Cooperative Liquid Assets Securities System (California CLASS) specifically developed for special districts, cities, and other public agencies.

The California CLASS Joint Exercise of Powers Agreement (the JPA) was fully executed in June 2022 by the California CLASS Founding Participants.

The initial Board of Trustees was subsequently established, including Chairperson Christina Turner (City of Morgan Hill), Vice Chairperson Ryan Clausnitzer (Alameda County Mosquito Abatement District and CSDA Board President), Treasurer George Harris (City of Lancaster), and Secretary Margaret Moggia (West Basin Municipal Water District).

visit the website at www.californiaclass. com or contact California CLASS Client Services at (866) 987-4445 or via email at clientservices@californiaclass.com.

Public Trust, in its capacity as investment advisor and fund administrator, is committed to providing California CLASS Participants with an exceptional user experience and professional portfolio management.

Neil McCormick CSDA Chief Executive Officer

CSDA’s relationship with Public Trust Advisors, LLC (Public Trust) was the impetus for the development of the investment program which is a California Joint Powers Authority governed by a Board of Trustees comprised of special district and city professionals. The purpose of the California CLASS is to provide California public agencies with an additional diversification option for their daily liquidity and strategic reserve investments. The fundamental purpose of California CLASS is to develop and sustain an investment program wholly committed to the tenets of safety, liquidity, and yield for the benefit of participating public agencies.

Volume 17 • Issue 4

Additionally, the partnership with Public Trust provides a unique opportunity to work with an investment advisor that possesses a very successful track record in delivering cash management solutions for local governments nationally. We are extremely excited to offer this new program with Prime and Enhanced Cash funds to provide a cash management option that prioritizes the public agency investor experience.

California CLASS is endorsed by the League of California Cities (Cal Cities) and the California Special Districts Association (CSDA). U.S. Bank, N.A. serves as the custodian, and Orrick provides special legal counsel to the program.

Districts, cities, and other agencies are already signing on! For additional information regarding the services provided by California CLASS, please

SAVE-THE-DATES!

2022 CSDA Conferences Register at csda.net!

Special District Leadership Academy Conference (North) September 18-21, 2022 Napa Board Secretary / Clerk Conference November 7-9, 2022 Monterey 5

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California Special Districts • July-August 2022

PROFESSIONAL DEVELOPMENT

Coming Soon!

Board Secretary / Clerk Conference Make plans now to attend CSDA’s Board Secretary / Clerk Conference on November 7 –9, 2022 in beautiful Monterey!

Attendees are able to register for one of two optional preconference workshops to be held on Monday, November 7. First-time attendees will complete a set of courses on November 8 and 9 enabling them to earn their Board Secretary / Clerk Certificate at the conclusion of the conference.

Returning attendees will be able to select from two breakout sessions at each time slot allowing them to pursue education based on their needs as well as the needs of their district.

This year our theme is “CAMP CSDA” and we envision lots of opportunities for networking and maybe even some s’mores!

Register now and check out the full schedule at csda.net.

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 EMILY CHA, Database & Online Communities Specialist MARCUS DETWILER, Associate Legislative Representative BRENT FARRAR, Graphic Design/Video Specialist AUBREY GOHL, Member Services Representative VANESSA GONZALES, Communications Specialist COLLEEN HALEY, Public Affairs Field Coordinator LILIA M. HERNANDEZ, Legislative Assistant MUSTAFA HESSABI, Deputy General Counsel CHARLOTTE HOLIFIELD, Public Affairs Field Coordinator ROSARIO CORTÉS KAPELLER, Senior Legislative Representative COLE KARR, Cole Karr, Public Affairs Field Coordinator & Federal Advocacy Coordinator MICHAEL MEYER, Member Services Specialist CHRIS NORDEN, Public Affairs Field Coordinator CHRIS PALMER, Senior Public Affairs Field Coordinator AMBER PHELEN, Executive Assistant RACHAEL POPPINO, Professional Development Assistant COLE R. QUERRY, Legislative Analyst JENNIFER SMITH, Professional Development Coordinator ERIC SPENCER, Member Services Specialist SUSAN STAUTS, Member Services Representative 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, Phelan 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 #1 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

© 2022. California Special Districts Association.

Volume 17 • Issue 4

A proud California Special Districts Alliance partner

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CSDA NEWS

CSDA Receives CARPD Legislative Advocacy Award

C

alifornia Special Districts Association was honored to receive the 2022 Legislative Advocacy Award from the California Association of Recreation and Park Districts (CARPD) for our effort to establish and administer the Special District COVID-19 Relief Fund which allocated $100M to California’s special districts who all helped shoulder the burden of pandemic response in California.

CEO Neil McCormick was on hand to receive the award in South Lake Tahoe during the CARPD Annual Conference in May. “CSDA is proud to be recognized for our effort to inform key legislators of the need to include special districts in relief funding,” said McCormick. “We would like to express our gratitude to CARPD and the coalition of more than 750 signatories and more than 200 special district officials who participated in virtual meetings with legislators in support of districts.”

Matthew Duarte, executive director of California Association of Recreation & Park Districts (CARPD), presented McCormick with the award. “We recognized CSDA for its significant contributions to legislative matters affecting CARPD members,” Duarte stated, “CSDA truly stood out for its tireless efforts -- not only to ensure our agencies had access to COVID-19 relief funding, but also that they were able to deliver the essential services that their communities needed.”

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California Special Districts • July-August 2022

General Manager Leadership Summit Recap

S

pecial district general managers and emerging leaders from around the state gathered in Coronado June 19-21 to network and stay current on governance best practices, state laws, human resources, operations, and more at the General Manager Leadership Summit!

Many spent their Father’s Day participating in our golf event sponsored by CSDA Business Affiliates Centrica Business Solutions and Umpqua Bank. Others participated in one of our popular pre-conference workshops, “So, You Want to Be a General Manager?” by Costa Mesa Sanitary District General Manager Scott Carroll and “Coaching for Performance” by Sylvette Wake of CPS HR Consulting.

Top left: Vanessa Ryan (Umpqua Bank) and Neil McCormick (CSDA) Top right (left to right): Brent Turner, Tom Tight, and Bob Shull (California CLASS) Bottom: Attendees at outdoor reception

Keynote Speaker Dave Mitchell of The Leadership Difference opened the conference with an inspiring message on “Leading a Peak Performance Culture.” Attendees then chose from top-notch breakout sessions, and the day ended with the popular Food & Wine Experience reception. On day two, attendees were intrigued by the keynote address from former undercover police officer and prosecuting attorney Pamela Barnum on “Crack the Code on Trust: Insider Techniques for Leaders.”

Summit attendees were the first to hear of the launch of our newest value-added benefit. CSDA’s relationship with Public Trust Advisors, LLC (Public Trust) was the impetus for the creation of a newly created local government investment pool (LGIP), California Cooperative Liquid Assets Securities System (California CLASS). California CLASS is endorsed by the League of California Cities (Cal Cities) and the California Special Districts Association (CSDA). U.S. Bank, N.A. serves as the custodian, and Orrick provides special legal counsel to the program.

The conference included a Federal Advocacy presentation sponsored by Liebert Cassidy Whitmore with Kristi Moore from The Ferguson Group, Cole Karr with the National Special Districts Coalition, and our Advocacy & Public Affairs Director Kyle Packham.

The outdoor receptions in beautiful Coronado with our valued exhibitors who provide important services to special districts did not disappoint. District leaders got to connect with excellent business affiliates, come together with others facing the same challenges and opportunities, learn from our expert instructors, and return to their districts feeling refreshed and reenergized.

Volume 17 • Issue 4

Left: Keynote Speakers: Dave Mitchell and Pamela Barnum Top right: Kelly Bouchard and Alissa Navarro (California DGS Statewide Travel Program), and Lisa Holmes (Enterprise Holdings) Bottom right: CSDA President Ryan Clausnitzer (Alameda County Mosquito Abatement District), Kevin Loewen (El Dorado Hills Community Services District), Roland Williams (Castro Valley Sanitary District), Dan Efseaff (Paradise Recreation and Park District), and Chad Davisson (Ironhouse Sanitary District)

MISSED OUT THIS YEAR?

SAVE THE DATE 2023 General Manager Leadership Summit Resort at Squaw Creek in Olympic Valley June 25 – 27, 2023 9

CSDA NEWS

Networks &Chapters Del Norte

Siskiyou

Trinity

Humboldt

Northern Network Lassen

Tehama

Plumas

Butte

Glenn

Mendocino

CSDA NORTHERN NETWORK Chapter Highlight

Modoc

Shasta

Sierra Nevada

Sutter

Colusa

Lake

Yolo Sonoma

Placer

Yuba

Napa

Sac.

Bay Area Network

Contra Costa

San Francisco

Alameda

San Mateo

Alpine

Amador

Solano Marin

Sierra Network

El Dorado

San Joaquin

Calaveras

Tuolumne Mono Mariposa

Stanislaus

Santa Clara

Merced

Santa Cruz

San Benito

Central Network

Madera Fresno Inyo

Monterey

Kings

Tulare

Coastal Network San Luis Obispo

Kern San Bernardino

Santa Barbara Ventura

Los Angeles

Riverside

Orange

Southern Network

San Diego

Imperial

Affiliated Chapters • • • • • • • • • • • •

ALAMEDA COUNTY SPECIAL DISTRICTS ASSOCIATION 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.

To wrap up our chapter highlights, California Special Districts is putting the spotlight on the CSDA affiliated chapters in our Northern Network, which include: the Humboldt Area Chapter, the Northeastern California Chapter of CSDA, and the Plumas Special Districts Chapter of CSDA. Here is what some of their chapter members said about what their chapter means to them and to the districts in their counties.

CSDA Public Affairs Field Coordinator (Northern Network): CHRIS NORDEN chrisn@csda.net

LAST UPDATED JAN 1, 2022

Humboldt Area Chapter

The Plumas Special Districts Chapter of CSDA

www.csda.net/about-csda/chapters-networks/chapterhumboldt-area-chapter

www.csda.net/about-csda/chapters-networks/chapterplumas-county

“The Humboldt Chapter has proven to be an incredible resource. With a diverse membership of professionals from a variety of special districts, unique perspectives, advice, and a well-balanced knowledge base are never far when you have questions, problem solving assistance, or someone to offer feedback on your own perspectives. I am grateful to be a part of this chapter and look forward to continuing to learn from and assist my colleagues and neighbors.”

“The Plumas Special Districts Chapter of CSDA keeps us connected to other special districts within our area, connected to our local and state representatives, and connected to CSDA as a whole, and the resources that they can provide. This connection is even more valuable as our Chapter looks to rebuild following the COVID pandemic and the Dixie Fire that so significantly impacted our County.”

—Humboldt Chapter Member Gary Neumann, general manager at Weott Community Services District

Want to get involved with your local CSDA chapter?

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

—Plumas Chapter Member Kim Seney, CSDA Board Member and board member at Gold Mountain Community Services District

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

Call me today for a complimentary consultation.

Sandra Hedstrom Wheeler Vice President/Investments

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California Special Districts • July-August 2022

Questions Appear in CSDA Online Communities

YOU ASK, WE ANSWER

Q&A

You Ask, We Answer:

Form 700 Starr Warson Legal Counsel, Lindsay Local Hospital District

I work with a special district for health care. The county is asking that we send copies of the Form700s to their office. They say it’s required. The district is not an entity or a subdivision of the county. I was told that special districts if not a subdivision or supported by the county, the district keeps the 700s at the district office and they go no further. Is that correct? Thank you all.

Karen Macedonio President, East Kern Health Care District

Our district directors, and our counsel, submitted all our Form 700s to the county.

Cheryl Doran-Girard Administrator/ Consultant, Camp Meeker Recreation and Park District

Sonoma County requires elected officials to electronically file Form 700 annually via a county electronic access and follows up quite diligently to make sure each individual Board does so.

Additionally, the district maintains files for the individuals in the positions listed in the district’s conflict of interest code. Additionally, the County of Sonoma “reminds” Districts of the required biennial Conflict of Interest Code review process. This generally occurs in the early fall, forwarded to the Board of Supervisors and their review is completed by year-end.

Glenn Lazof Director of Finance Services, Regional Government Services

I checked with one of Regional Government Services’ clerk of the board experts. She writes “It depends on each entity’s specific conflict of interest code. This code is supposed to be updated every other year by the special district’s clerk and taken to their governing body (board). Whoever is designated by the COI code as the ‘code reviewing body’ should be sent the originals. If the county is the code reviewing body, then yes, they need to have the originals. It’s possible that the conflict-of-interest code for this particular special district says that the district itself is the custodian. This is usually (but not always) the case for employee Form 700s (as opposed to director’s Form 700s).”

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

The information contained here is for general reference purposes only.

Volume 17 • Issue 4

Engage with your peers and ask questions on CSDA’s Open Forum community! https://www.csda.net/communities-home 11

SDLF TRANSPARENCY CHALLENGE: DISTRICT SPOTLIGHT

District Spotlight

THE SPECIAL DISTRICT LEADERSHIP FOUNDATION RECOGNIZES

Ventura Port District

The Special District Leadership Foundation (SDLF) recognizes Ventura Port District (District) as one of the ten 2021 SDLF Transparency Challenge winners! Ventura Port District Clerk Jessica Rauch shares her insight about the process and the benefits of this transparency recognition.

Share your experience completing the Transparency Challenge. (What did you learn about your district? How difficult was the application process?)

My experience completing the Transparency Challenge was educational. I did not know what an authorizing statute/ enabling act was; now I do!

It was also interesting to learn what the SDLF sees as a requirement for posting on the website, i.e., Municipal Service Review and Sphere of Influence studies from LAFCo.

in the practices and expectations associated with transparency as well as demonstrate their capacity to be transparent in their course of business.

Now that you have earned your SDLF Transparency Certificate, how will you use the recognition to highlight your district’s accomplishment to your customers, constituents, and/or other stakeholders?

The District strives to provide transparent, ethical, engaged, accountable, and effective governance through its website, notifications to stakeholders, Ventura Port District Board (Board) meeting packets and Board meetings. At its January 5 regular meeting, the Board accepted the Transparency certificate on behalf of the Ventura Port District, which included a report that described the process.

As the Clerk and person completing this challenge, I was glad for the check list. I believe all these documents and information are important to have on our website for stakeholder access and I was happy to include the items we did not have and update our policies and procedure to reflect what we needed to complete this challenge.

Further, the District, its Commissioners, and staff seek to formalize on-going efforts to strengthen communication, collaboration, and transparency with stakeholders, business partners, and civic leaders through its Public and Civic Engagement Plan that was approved by the Board in July 2021 and consistent with the following long-term goals and 5-year objectives:

Why was completing the challenge important to your district?

Long-Term Goals:

Transparency for government agencies is the fundamental principle behind the Brown Act. It is essential that agencies provide public access to meetings and information. Further, there is a difference between meeting the minimum standards of an obligation and providing exceptional customer service – something that is important to our District. Therefore, it is imperative that agencies and their employees are well educated 12

Goal 5: Relationships • Build respectful, productive, and mutually beneficial business relationships with our tenants, public agencies, elected officials, and the community.

Goal 6: Public Service • Provide exceptional public service and transparency at all levels within the organization through effective leadership, California Special Districts • July-August 2022

training, mentoring, and oversight. This promotes accountability, increased public trust, and a more efficient, effective, and public focused organization.

5-Year Objectives: Objective E: Public and Civic Engagement Plan • Strengthen communication and further develop close working relationships with stakeholders, business partners, and civic leaders § Collaborate with business partners and stakeholders through increased engagement, communication, and participation.

The District also held its second public workshop in December 2021 to discuss its accomplishments and challenges over the past two years and to develop ideas for changes to our long-term goals and 5-year objectives. At our February 2 meeting, stakeholders will have a chance to see the ideas that were developed from that meeting with proposed changes to the District’s mission statement, long-term goals, and five-year objectives.

About Ventura Port District The Ventura Port District is committed to providing a safe harbor that is an inviting inclusive seaside destination and gateway to the Channel Islands National Park, with exceptional facilities for fishers, boaters, residents, and visitors. For more information, visit venturaharbor.com.

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 take to show they are available and transparent to their constituents and customers.

Learn more at https://www.sdlf.org/home

Representing California public agencies for over sixty years.

Jim Markman

Construction

Labor & Employment

Special Districts

LOS ANGELES

Roxanne Diaz

Eminent Domain

Litigation

Telecommunications

SAN FRANCISCO

Ginetta Giovinco

Energy

Public Agency Law

Transportation

Craig Steele

Environmental

Public Finance

Waste Management

Dave Fleishman

General Counsel

Real Estate

Water Law

Volume 17 • Issue 4

ORANGE COUNTY

888.479.4529

TEMECULA CENTRAL COAST SACRAMENTO

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SDLF TRANSPARENCY CHALLENGE: DISTRICT SPOTLIGHT

THE SPECIAL DISTRICT LEADERSHIP FOUNDATION RECOGNIZES

Pebble Beach Community Services District The Special District Leadership Foundation (SDLF) recognizes Pebble Beach Community Services District (District) as one of the ten 2021 SDLF Transparency Challenge winners! The District shares about the process and the benefits of this transparency recognition below.

Share your experience completing the Transparency Challenge. (What did you learn about your district? How difficult was the application process?)

The application process was straightforward thanks to the diligent record keeping Pebble Beach Community Services District maintains. Because our District has applied previously, we knew what requirements had to be met. Additionally, the idea of the Transparency Certificate is that all the requirements should always be available to the public. Compiling such requirements listed in the application was therefore almost effortless because our District maintains a spirit of transparency at the forefront of the public work we do.

Why was completing the challenge important to your district?

As mentioned in our Transparency application, the District values being a consecutive recipient of the Transparency Certificate of Excellence because it confirms that the District’s efforts on transparent governance are effective. We strive for demonstrating the highest spirit of full disclosure and transparency and we commit to being stewards of good governance for the residents of Pebble Beach and all public looking in at our community. The residents have entrusted the District to always operate ethically, and it is our duty and honor as public servants to meet and exceed these high levels of accountability.

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Now that you have earned your SDLF Transparency Certificate, how will you use the recognition to highlight your district’s accomplishment to your customers, constituents, and/or other stakeholders?

The achievement would be shared with our community through the District’s Newsletter, and it would also be published in the District’s website. Other places where the recognition could be displayed is at our monthly board meetings and at our Pebble Beach Community Services District Annual Open House.

From the staff level, the list of the Transparency Certificate of Excellence requirements can be used as an additional form of check – and – balance, ensuring that our performance in providing public services to the Pebble Beach residents is ethical, open, and available.

About Pebble Beach Community Services District Pebble Beach Community Services District (“PBCSD”) is a local government organized on July 1, 1982, under the Community Services District Law (Section 61000 et seq, Government Code) by merger of the Pebble Beach Sanitary District and the County Service Area 42. The District provides the following services: • • • • •

Fire Protection and Emergency Medical Services Supplemental Law Enforcement Wastewater Collection and Treatment Recycled Water Distribution Garbage Collection, Disposal, and Recycling Undergrounding of Overhead Utilities

For more information, visit pbcsd.org.

California Special Districts • July-August 2022

ASK THE EXPERTS

Mastering the Hybrid Work Environment: Cultivating Culture and Overcoming Challenges

By Jon Barilone, Tripepi Smith; and Scott Carroll, Costa Mesa Sanitary District

Tripepi Smith Principal Jon Barilone and Costa Mesa Sanitary District’s (CMSD) General Manager Scott Carroll led a remote work-focused session at the 2022 California Special Districts Association (CSDA) General Manager Leadership Summit in Coronado in June.

After necessary work environment experimentations due to the COVID-19 pandemic, more people and organizations are thinking about hybrid workspaces or not physically returning to an office. LinkedIn’s Economic Graph team found that, in April 2022, 13.4% of all paid job listings on LinkedIn offered remote work. That was nearly double the 6.9% rate for April 2021. The public sector is not immune from this trend.

In 2021, “Government Administration” would not have cracked the top 10 categories on that list; now, it is number seven with 11.8% of its open job postings offering remote work.

In their conference session, “Mastering the Hybrid Work Environment: Cultivating Culture and Overcoming Challenges,” Jon and Scott talked through how to maintain company culture remotely and the logistics of running a hybrid work environment. Tripepi Smith has been completely remote for more than five Volume 17 • Issue 4

years, while CMSD continues the hybrid work environment they began in early 2020.

I have worked without a daily commute for over eight years now, and I have seen Tripepi Smith grow from six to 40-plus fully remote employees. So, I know it’s possible to create a positive, sustainable company culture from your home.

Jon Barilone, principal, Tripepi Smith “I have worked without a daily commute for over eight years now, and I have seen Tripepi Smith grow from six to 40-plus fully remote employees. So, I know it’s possible to create a positive, sustainable company culture from your home,” said Jon. “Even when you are

remote, you can still successfully build a set of shared goals, attitudes, and behaviors. All these work together to empower employees to serve clients, support their teammates, and care about the future.”

As Jon and Scott discussed, any public agency can cultivate a culture both in a hybrid and fully remote work environment that encourages employees to grow and invest in your mission by making employees feel valued and invested in the agency’s future. As an agency, prioritize building “culture warriors” to help grow your culture.

These “warriors” represent the agency by bringing the team together and repping your agency whenever possible.

Employees should also receive regular reminders of the agency’s culture. In the session, Jon provided the example of Tripepi Smith’s creation of a team theme song that mentions its key culture elements.

When workplaces started moving back into physical offices in 2021, CMSD found that their employees valued flexible hours. Scott shared how deciding to keep hybrid work an option boosted morale, employee retention and recruitment, employee trust and wellness, productivity, and accessibility. continued on page 16

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ASK THE EXPERTS

CMSD balanced this with their field employees by implementing a 4/10 work schedule that was not available to regular headquarters staff. CMSD made sure to also leave employees feeling appreciated by recognizing staff as “silent heroes” in newsletters and putting on staff luncheons.

keeps both customers and employees satisfied. But just going “back to normal” might not be possible anymore. Over the past two-plus years, employees have discovered numerous benefits of working

“The pandemic changed so many things about our world, including how CMSD views physical workplaces,” said Scott. “It was an honor to share our insights in prioritizing employee satisfaction, the benefits of a remote workplace, avoiding an ‘us vs. them’ mentality and retaining talented employees in the process.”

look for a new job if their employer wanted them to return to the office fulltime.

If your agency is considering shifting to a hybrid work environment, CSDA offers many resources to help members connect with one another about best practices. Go to csda.net to engage in the CSDA Communities; take webinars; and read articles, blog posts, and other resources!

To learn more about Tripepi Smith, visit TripepiSmith.com or email Info@ TripepiSmith.com. To learn more about CMSD, visit www.cmsdca.gov/.

from home, including less commute time and more flexibility. An April 2022 survey from ADP Research Institute CSDA July/Aug found that 64% of the workforce would 2022 - 1/4 pg. Ad

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MOVERS & SHAKERS

Padre Dam Municipal Water District’s Board of Directors unanimously appointed Kyle Swanson as the new CEO/general Kyle Swanson manager for the District. Swanson’s tenure as CEO/ general manager began on June 2, 2022, following the retirement of prior CEO/ general manager Allen Carlisle.

Swanson has over 20 years of water industry experience with a focus on operations and project management.

He joined the Padre Dam team in 2013 as distribution maintenance manager in the operations department and was promoted to assistant operations manager soon after. In 2018, Kyle was promoted to director of advanced water purification. During his time in that role, he lead the entire AWP team through major milestones that have moved the $950 million East County Advanced Water Purification Program forward into the construction phase it is now entering. Most recently he has served as the District’s assistant general manager for the last nine months.

Palmdale Water District (PWD) Board of Directors is pleased to announce that Scott Kellerman, co-owner of Antelope Valley Scott Kellerman Harley-Davidson, is the new Director representing Division 1. One of two residents who applied for the position, Director Kellerman was appointed by the Board to fill the position left vacant by a former director who moved out of state. His term will expire in November 2024. The Board members who voted 4-0 to appoint Director Volume 17 • Issue 4

Kellerman praised his business acumen and his involvement in the community.

For the past 15 years, Director Kellerman has been an active member of the Antelope Valley Sheriff’s Boosters.

Currently, he is the president of the California Harley-Davidson Dealers Association. He was encouraged by his fellow community leaders to get involved in his first political position.

Congratulations to the new Cambria Community HCD District Administrator Tim Benes (pictured on the left)! He is the Tim Benes current operations manager. The outgoing administrator Mike McDonough (pictured on the right) has been a great person to work with and a real advocate for his district.

He’s leaving to run another special district in East Texas!

Metropolitan Water District of Southern California names Liji Thomas as first-ever Chief Diversity, Equity, and Inclusion Officer.

Liji Thomas We welcome her as she creates new policies and drives reforms to existing policies and practices that foster and institutionalize a culture of equity and inclusion at Metropolitan.

Congratulations to Port of Hueneme CEO Kristin Decas for being selected as one of “50 Women in Business” in the “Editor’s Choice Kristin Decas Public Sector” category, by the Pacific Coast Business Times!

Assemblymember Jacqui Irwin (pictured left) recognized the outstanding Mary Anne Rooney (pictured right) with Mary Anne the AD 44 Woman Rooney of the Year award!

She currently serves on the Board of Harbor Commissioners for the Port of Hueneme and is a member of the Economic Development Committee for the American Association of Port Authorities. In addition, Mary Anne is a co-founder of Nyland Promise, a local non-profit that serves the unmet needs of residents in Nyland Acres. This is just a partial list of her service to our communities.

Turlock Irrigation District was awarded the Climate Registered Gold status by The Climate Registry. TID has a diverse generation portfolio including large and small hydroelectric, solar, and wind facilities. In 2020, more than 63% of TID retail load was from carbon-free resources.

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

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

17

FEATURE

Civility Matters

By Melissa Kuehne, Program Manager, Institute for Local Government

I

n a recent ILG survey of local agency leaders, more than 54% of respondents reported an increase in hostility, divisiveness, bad behavior, and misconduct in their public meetings over the past two years.

Representative participation and open and transparent meetings are the foundation of our democracy. If left unchecked, this increased vitriol and incivility threaten to weaken that foundation. This leaves many local officials and staff asking the same question: “How do we maintain, and encourage, public access and participation while ensuring the safety of elected officials, staff, and community members?”

stoops to name calling and vitriol,” said Gregg Fishman, board member, Sacramento Municipal Utility District.

Incivility in public meetings and other aspects of public service can also impact a district’s ability to attract and retain talent. In an informal survey conducted by the International City/County Management Association, 25% of respondents indicated they had left public service because of the lack of civility. Without talented staff, districts will not be able to provide the level of service our communities need and have come to expect. Without high-quality staff, districts will not be able to tackle the range of complex and ever-changing issues facing local government.

Civility starts with us. As leaders we are role models for our staff and for our community. How we operate sets the stage for the public is going to engage with us – at board meetings, at public workshops, and in the community.

There are growing fears that continued negative discourse could The type and tenor of discourse also discourage broad community in public meetings has far-reaching engagement with local governments. effects. Negative comments can derail The general public may be less and prolong board meetings, erode inclined to participate in meetings that trust, and impact the board’s ability to frequently turn negative or violent. conduct the public’s business.

This could result in boards only hearing from a very vocal minority of their “Most of our board meetings are community, who may not represent the civil, and even people who might be thoughts, feelings, or preferences of upset about something usually conduct Don Bartz, general manager, the community as a whole. In addition, themselves with decorum. Occasionally, Phelan and Piñon Hills CSD special districts rely on ratepayers for we do get someone who takes their revenue. Special districts must build and three-minutes of public comment time maintain trust with their customers and residents to ensure to berate, belittle and insult. I find it sad that people feel the that district programs and proposals are supported by key need to do that. I can tell you, I listen much more closely to stakeholders. a reasoned, impassioned argument than I do when someone

Civility Matters

18

California Special Districts • July-August 2022

Improving Civil Discourse: Codes of Conduct While there is no simple solution for improving civility overnight, there are several actions local governments can take to incrementally improve public discourse. For starters, remember that local officials are role models and should act accordingly.

To encourage and model civility, elected leaders can: • • • • • • • • • • •

collaborate and operate as a team. demonstrate honesty and integrity in every action. prioritize strengthening relationships and building trust. accept personal responsibility. focus on civil discourse; disagree agreeably and professionally. work for the common good, not personal interest. attack the problem, never the person. be open-minded and embrace diverse points of view. strive for a win-win; work toward consensus and seek common ground. practice active listening. think about shared values and find common ground.

Some local governments have identified shared values and created a set of agreed-upon norms with a documented civility policy, code of conduct, or rules of decorum. These documents

set expectations for how the board will visibly model the kind of behavior it expects from the public. ILG has compiled a list of sample codes and policies for local officials online. Some common elements in these policies include variations of the following expectations: • • • • • • • •

Treat everyone courteously.

Be inclusive.

Show respect.

Exercise self-control.

Take responsibility.

Give consideration to all viewpoints.

Focus on the issues and avoid personalizing debate.

Disagree agreeably and professionally.

These policies can include a section outlining appropriate and inappropriate public behavior; like specific provisions against conduct by meeting attendees that could provoke violent or riotous behavior or disturb the orderly management of the meeting. Examples of negative conduct may include physical or verbal threats, vulgar or boisterous language, refusing to abide by time limits, throwing objects, or other disorderly conduct. Adopting an official policy for all attendees can also allow for enforcement measures such as warnings, ejections from meetings, or even suspension from government buildings. continued on page 20

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19

FEATURE

Improving Civil Discourse: Proactively Engaging the Community and Providing Clarity About Engaging in Public Meetings While many board meetings may have little community participation, rate actions and other controversial items may draw large, and very actively engaged, audiences. Providing opportunities for community engagement and input outside of standard board meetings can potentially offset the volume of public comments received in official board meetings.

Consider employing different public engagement efforts for the community to provide feedback and be heard on hot button issues. Approaches such as town halls, coffee chats, surveys, websites, information sessions, and emails can allow for an additional, broader range of public input.

“There are a lot of laws and rules that mandate how we run our board meetings. It is important not only that we as local leaders understand the boundaries and nuances of the law, but also equally important that we communicate those parameters to the community so they have a clearer picture of when and how they can share ideas, feedback, and comments,” said Don Bartz, general manager, Phelan and Piñon Hills CSD.

Improving Civil Discourse: Managing Public Comment Districts also have some flexibility when it comes to managing public comment. Districts may want to consider the following tips to manage the full public comment process, particularly for more controversial issues.

• Set parameters for how officials engage during public comment – work with the board secretary and legal counsel to understand in advance what board members can and cannot say • Clearly define how public comment will be managed and state it at the beginning of the meeting, and before the public comment section(s) of the agenda • Publicly explain the transparency reasons for public comments, especially with regard to what board members can and cannot respond to • Be consistent with commenter speaking times • Set consistent ground rules about applause, boos, etc.

• Allow groups to speak as one using a designated speaker • Attempt to diffuse angry speakers using active listening techniques

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California Special Districts • July-August 2022

Improving Civil Discourse: Meeting Design If a community decides to hold a public workshop, there are several key logistical items related to meeting design that should be considered before and during the meeting to limit grandstanding and provide space for more balanced conversations.

Before the workshop: • Be strategic about meeting design. Consider the room setup and ways to incorporate small and large group discussions, different ways to provide input, or real-time polling.

• Clearly define the roles of staff and elected officials.

• Establish a clear facilitation and governance process in advance. Discuss how decisions, if applicable, will be made, determine who will lead the meeting, and identify any follow-up activities or engagement opportunities that will need to be shared.

• Consider language access and accessibility needs to ensure that key stakeholders can participate in the process.

Addressing this early will minimize attendee frustration.

• Understand hot button issues in advance.

• Draft and rehearse sample verbal prompts or scripts for all agency representatives that address various scenarios in advance so that electeds and staff can be prepared for

Volume 17 • Issue 4

challenging topics.

During the workshop: • Manage expectations. Explain the process, meeting design, and timelines, including how community feedback will be used and how participants can remain engaged throughout the process. This will reduce the uncertainty of nonparticipation.

• Publicly clarify the roles and responsibilities of staff and elected officials so that participants know which district officials can address which issues.

• Offer multiple formats for public comment. Some participants may not be comfortable providing verbal comments, so consider surveys, notecards, or other options for nonverbal feedback.

• Take breaks as needed to reset. This strategy may help defuse tense situations.

• Consider using a neutral facilitator to lead the meeting — an expert that does not have a stake in the outcome of the meeting.

Since board meetings are regulated by the Brown Act, elected officials and staff have limited options when changing the format of meetings and responding to public comments.

However, there are still options to consider when officiating a board meeting. continued on page 22

21

FEATURE

• Agree on a process in advance. Does each board member have an option to speak on every agenda item? Does your district use Robert’s Rules of Order or Rosenberg’s Rules of Order? Do you have a code of conduct that the board and community are expected to abide by? How are those rules enforced?

• Manage expectations. Residents may not understand all the intricacies of the local government decision-making process. When possible, explain engagement opportunities and the limitations elected leaders may have when responding.

• Make sure your chair understands the meeting format, process, and options.

• Be thoughtful and deliberative; use scripts as appropriate to ensure an accurate, respectful, and courteous response.

• Take a break if things get heated and only use ejection as a last resort.

• Consistently enforce your code of conduct or civility policy.

become increasingly prevalent in local communities as well, which if left unchecked, can threaten public trust. As a result, many local officials are looking for tools to address this issue in a way that is authentic and effective. ILG has embarked on a new partnership with Braver Angels, a national nonprofit organization dedicated to bringing Americans together to bridge the partisan divide and strengthen our democratic republic.

Together, ILG and Braver Angels are co-hosting a new training series to help local government leaders better interact with the public and each other to foster productive and respectful conversations. The trainings are part of ILG’s Leading Local webinar series and will include at least three sessions covering topics such as: • Communication skills for bridging the partisan divide.

• Depolarizing from within and how to intervene in polarizing conversations.

• Managing difficult conversations with constituents and colleagues.

The training series is being offered Providing opportunities for community engagement and While there is no easy solution input outside standard city council meetings can potentially free of charge, but space is limited to the increase in incivility and offset the volume of public comments received in official and registration is required. harassment, it is important to council meetings. remain committed to finding ways TIERS Public Engagement Framework and Training to increase civility, build bridges, and design a governance ILG’s TIERS framework provides a step-by- step framework model that reinforces positive and equitable outcomes for the that will help local governments master the public engagement district and the community. process and build trust in their community. This training helps As John F. Kennedy said, “Let us begin anew — operationalize outreach and engagement efforts in a more remembering on both sides that civility is not a sign of sustainable and collaborative way and provides with resources weakness, and sincerity is always subject to proof…Let both and digital tools to authentically engage the community. sides explore what problems unite us instead of belaboring This comprehensive training is open to any local those problems which divide us.” government agency in California and can apply to a variety of ongoing public engagement initiatives ranging from ILG Resources to Help Your District budgeting to infrastructure, to climate resilience and disaster As CSDA’s affiliate, the Institute for Local Government preparedness. Find out more at www.ca-ilg.org/TIERS. offers resources and training to help special districts operate ILG can also customize tailored training sessions and more effectively as a team and better engage with each private, facilitated discussions for jurisdictions throughout other, district staff, and the community. When it comes to the state. Whether your team is struggling with maintaining improving civility, ILG offers resources on responsibilities and civility in public meetings, expanding public engagement or is powers, decision-making, effective meetings, and community looking to go from good to great collaboration amongst your engagement. Visit ILG’s leadership and public engagement board, ILG can help you meet those goals. Sessions are offered web pages for more information about these opportunities. in both virtual and in-person formats.

Leading Local Webinar Series Highlights Ways to Decrease Divisiveness

Although trust in local government remains higher than in other levels of government, divisiveness and partisanship have 22

For more information about how ILG can help increase civility and effective communications in your community, contact Melissa Kuehne at mkuehne@ca-ilg.org.

California Special Districts • July-August 2022

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Volume 17 • Issue 4

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23

INTERVIEW

Ayanna Castro

Being Extraordinary: It’s An Inside Job

By Vanessa Gonzales, CSDA Communications Specialist

A

yanna Castro is a global speaker, life coach and author with expertise in helping others see their potential and overcome self-imposed obstacles in pursuit of their goals. As the Founder and Chief Maven of Work Your Package™, her mission is to educate, encourage, and equip others to enhance what they already have to become the “total package” and be extraordinary.

Ayanna’s inspiring, truthful and transparent approach has made her the “unconventional” but necessary member on her client’s personal board of directors. Known for her perfect balance of guidance, support, and hard truths, she is the “goto” person for those embarking on new ventures or who have lost clarity on their goals.

California Special Districts asked Ayanna to share her background, and what led her to become a life coach, speaker, and author. “My background is pretty eclectic,” she shared. Originally from New York, Ayanna majored in Deviant Behavior and Social Control and had a minor in Forensic Psychology. With a law enforcement intensive focus, she initially aspired to be a warden at a correctional facility. “I wanted to create a space where people actually left rehabilitated; I thought I could have an impact on people going back to society being whole and full,” said Ayanna. But after five different lockdowns in a year, she quickly changed her mind! Ayanna went into social work and found satisfaction improving the quality of life for others, but ultimately found that to be too emotionally challenging. She pivoted to become an administrative professional. This gave her insight and the foundation for how to lead up. “I was fortunate to have a great manager who I could say to: ‘corner offices do not give you confidence, compassion, or common sense,’ and I tell every manager I work with the same thing: ‘Yes, you have this gorgeous office, but it won’t give you confidence, compassion, or common sense,’” said Ayanna. It made sense and got them thinking and allowed her to provide the space to brainstorm ideas, give them confidence, and help them build compassion and empathy. This is what makes Ayanna 24

a great coach. “I don’t sugar coat things; I’m not a baker!”

Ayanna joked. She worked for this manager for six years then was tasked with a special assignment in the general manager’s office for six months. The experience was essentially a crash course MBA. She was given high visibility, high-level projects, and was put in rooms, meetings, and places that pushed her out of her comfort zone. She was promoted and returned to the communications office as a project manager for one of the largest projects her company had seen - their centennial project. This was a four-year project that enabled her to solidify many of the skills she now has, including planning, public speaking, team building, creating collective community.

Ayanna climbed the ladder in many roles - corporate event planner, employee engagement specialist, and most recently program engagement manager and HR specialist.

Her career has come full circle, but always with a focus on improving the lives of others. Her goal is to foster an experience the employees brag about to their friends, family, and neighbors – sharing that it’s a great company that attracts others. She helps employees navigate and gain self-confidence in their skills and abilities. The best compliment she received from a client was, “Ayanna will completely hurt your feelings but comes with a band-aid of love and solutions that make it all better!”

2022 CSDA Board Secretary / Clerk Conference Keynote Speaker Ayanna Castro speaking on “Being Extraordinary: It’s An Inside Job.” Don’t miss this opening keynote on Tuesday, November 8, 2022 – register at csda.net or scan the QR Code!

California Special Districts • July-August 2022

CSDA Board Secretary / Clerk Conference attendees are in for a treat this November! Not only is she a motivating life coach and keynote speaker, but she has first-hand experience working in local government.

She is still currently working for one of the largest water utilities, WSSC Water, which serves 1.8 million customers in Montgomery and Prince George’s counties in Maryland. We asked Ayanna to share a little more about her role, and for advice for our special district members. “Relationship is key. Even if not directly related to your industry, having those relationships before you need them is very helpful,” said Ayanna. “In my area, we have a strong relationship with the state highway because sometimes we must shut down roads for water line breaks. We have strong relationships with the electric and gas companies since sometimes our paths will cross - so have these strong relationships before the catastrophe happens.”

Ayanna uses the term ‘maven’ to define herself. She said, “A maven is someone who collects information for the sole purpose of dispensing it to others to make their lives better. They may not need it at that moment, but they have it for someone for later.” That’s what Ayanna does with her wealth of knowledge and information. She gave the example of her therapist having her do an enneagram analysis so she signed up for courses to get certified in it as this could be powerful tool. Sure enough, she used this for teams with very new staff, and it was eye opening for them to learn about the dynamics of their team.

Ayanna is a maven; if there is something that can help somebody, she is going to dig into it and really learn about it.

and one of her girlfriends who was down about gaining 50 pounds after having her baby shared that her husband told her, “Put your shoes on and work your package!” Ayanna realized then that this was bigger than an uplifting compliment to co-workers. “Anything you need to do that you’re supposed to do, you already have it,” she said. “You are the total package. It’s YOU. That’s it. What you bring to the table is yours to bring.” Ayanna enjoys helping people discover their own natural gifts and talks about purpose. “Purpose will define the direction that you go; purpose helps you keep straight on the path when you need the why behind it all,” said Ayanna.

Ayanna will be sharing more at the Board Secretary/Clerk Conference in Monterey, including the four pillars of Work Your Package™: 1. listening to the birdie 2. having a personal board of directors 3. managing your 168 4. having a plan She will also be teaching on the topic of “Coach, Mentor and Sponsor – do you need them all?” Spoiler alert: The answer is YES! Ayanna is so excited to come out to the west coast with us on November 8, 2022!

More About Ayanna Ayanna has degrees in Deviant Behavior and Social Control and Business Administration. She is a certified Project Management Professional (PMP), Certified Government Meeting Professional (CGMP), and Master Life Coach with over 25 years of professional experience in city/local government, law, public relations, private equity, and media.

She is also certified in Diversity, Equity, Inclusion and Belonging. She is currently the Program Manager of Employee Engagement for one of the country’s largest water utilities and is responsible for enterprise-wide programs to DEIB, recognition, appreciation, and corporate philanthropic giving. She has authored two books, “Work Your Package – A Guide to Being the Total Package“ and “Lessons from Wednesday”.

Work Your Package™ – this is her catch phrase. She explained, “Work Your Package” started off being a very superficial way to compliment women in the office who were feeling down.

People started saying it to each other, Volume 17 • Issue 4

25

SOLUTIONS AND INNOVATIONS

OCMVCD Leveraging Artificial Intelligence with Nearmap for Mosquito Breeding Pool Detection

By Luan Ngo, Information Technology Manager, Orange County Mosquito and Vector Control District

O

range County Mosquito and Vector Control District (OCMVCD/District) was established in 1947 with the goal of controlling mosquitoes and protecting residents from mosquitoborne diseases. Orange County has transitioned from an agricultural community with 200,000 residents when the District was formed to today, where a thriving local economy supports more than 3 million residents who call Orange County home. As the County has expanded, so have the mission and goals of OCMVCD. The mission of the Orange County Mosquito and Vector Control District is to educate and protect Orange County from vectors and prevent vectorborne diseases in an environmentally responsible manner.

in their neighborhood. Many times these reports lead vector control inspectors to locate and identify a wide variety of breeding sources, including out of service swimming pools, fountains, uncovered boats, and other areas of concern. However, because inspectors cannot inspect every property in the county and because residents do not always report mosquito issues, the District has attempted a variety of methods to surveil backyard mosquito breeding sources.

One of the many challenges facing vector control districts is the need to identify mosquito breeding sources on private properties. Out-of-service swimming pools and backyard fountains can breed millions of mosquitoes, causing biting pressure for neighbors as well as the potential for disease transmission, such as West Nile virus.

As a proactive solution, OCMVCD joined with seven additional vector control agencies and entered into a contract partnership with Nearmap, an aerial imagery company that combines aerial imaging with AI (artificial intelligence). Nearmap has provided vector control districts throughout California with cost effective, timely, and more importantly, accurate aerial imagery that identifies hard to find

The District often relies on residents reporting a large presence of mosquitoes 26

For years, vector control districts have hired pilots to fly over their service areas and take high-resolution photos that are then downloaded, catalogued, and identified as a potential breeding source. This process is time consuming and costly. There has to be a better way!

mosquito breeding sources.

While aerial imagery has been around for decades, Nearmap provides new opportunities and tools for vector control districts, including up to three surveillance flights annually, highresolution three-inch imagery, and artificial intelligence that detects and categorizes property details including swimming pools, bodies of water, roofs, tree lines, and asphalt. Nearmap also provides a side-by-side comparison showing current as well as historical imagery. This feature allows vector control staff to make informed decisions.

An additional benefit is the seamless integration to other programs including Google Earth, ArcGIS Online, ArcGIS Pro, ArcGIS Desktop, and other thirdparty solutions through API. This allows Nearmap to be integrated easily within an agency’s existing software systems.

Often, when the public reports mosquito concerns, the mosquito breeding sources are not within the immediate vicinity. A breeding source can be several houses away where a neglected pool or other water source can be a hotbed for breeding mosquitoes.

Artificial Intelligence is a game changer in helping agencies work California Special Districts • July-August 2022

smarter. By leveraging computer processing power to perform mundane tasks, it frees up staff hours to focus on more specialized duties. In its current capacity, the AI pool detection program is impressively accurate. However, with additional collaboration among agencies, it is expected that the Nearmap program will provide an even more detailed look at potential breeding sources, helping vector control agencies find more breeding spots while lowering the threat of vector-transmitted disease. The partnership between Nearmap and the eight vector control agencies will provide a more integrated and cost-effective approach to addressing a long-standing dilemma – how to identify breeding locations cheaply and accurately and in a timely manner. At its full potential, AI will continue to evolve, improve, and perform the majority of the complex analysis. This includes vetting pool conditions and allowing agencies the

Volume 17 • Issue 4

ability to reduce the many long hours needed to review the data manually.

AI will also allow for faster and more responsive turnaround times, and with improved customer service.

The Nearmap data will also be utilized and integrated into the District’s Murky Pool Letter program. This program notifies residents of their responsibility to prevent mosquito breeding on their property, and what steps need to be taken to achieve this goal. The program places the responsibility onto those residents who have been identified as having problematic pools, ponds and fountains. This letter requires residents

to provide photo evidence of their in-service pool or water feature by submitting photographic verification to OCMVCD through email or text.

Residents who fail to respond to the notice will have an inspector perform an onsite visit for inspection, and when appropriate,treatment. The photo captured in the letter provides concrete photographic evidence of the property and the condition the pool at the time the photo was taken. The District has experienced as much as 80% reduction in the number of property visits as a result of this program.

Nearmap is just one of many examples of how technology and advances in AI can help benefit our lives and allow us to work smarter and not harder. With the ever-changing technological landscape, OCMVCD will continue to evaluate how new innovations and technologies can help the District and other agencies improve public services.

27

COMMUNITY CONNECTIONS

Special Districts Tackling Complex Problems in Partnerships: The Gold Spotted Oak Borer Story

By Kristin Withrow, CSDA Communications Specialist

W

oven into the complex patchwork of jurisdictional boundaries, the Resource Conservation District of Greater San Diego County (RCDGSD) is battling an invader the size of a pencil eraser that has decimated three species of oak native to California. The gold-spotted oak borer (GSOB) beetle has been transported out of its natural habitat and migrated to areas without the inhibition of its natural predators, thus allowing the pest to wreak havoc on its foreign environment.

The complex problem of habitat destruction from the migration of non-native species is being battled on many fronts. One of the challenges in each of the many battle grounds of these infestations is the mingling of responsible agencies. Through coordination of many agencies, the breadth of the problem comes into focus.

The creation of the Regional Forest and Fire Capacity (RFFC) program brought together the Resource Conservation District of Greater San Diego County, the USDA Forest Service, the U.S. Fish & Wildlife Service, the Bureau of Land Management, CAL FIRE, California State Parks, the Pauma Band of Luiseño Indians, and the LaJolla Band of Luiseño 28

Indians to develop a Regional Priority Plan for San Diego County.

RCDGSD’s first demonstration project began in Fall 2020 at the La Jolla Band of Luiseño Indians’ campground. RFFC is funding the removal and restoration of 25 acres of coast live oak trees killed by the gold-spotted oak borer (GSOB) beetle. Additionally, RFFC funding, combined with funding from California Climate Investments and the Bureau of Indian Affairs, is supporting the development of a natural resource, forestry, and fuels management program.

Partnerships in the fight to repel invasion species, restore habitats, and prevent broader infestation also include public awareness campaigns to discourage the human behaviors that exacerbate the problem. In the case of the gold spotted oak borer, one cause of migration of the beetle has been the transport of firewood from the beetle’s native habitat in southern Arizona.

The Don’t Move Firewood campaign is an outreach partnership managed by The Nature Conservancy. “The overarching goal of the campaign is to protect trees and forests all across North America from invasive insects and diseases California Special Districts • May-June 2022

Trees and forests need your help. Yo ou can prevent the accidental spread of tree-killing insects and diseases – like the goldspotted oak borer – by simply buying local firewood near where you’ll burn it.

that can travel in or on contaminated firewood,” according to their website, which includes a Firewood Map for the public to see the long list of invasive species being battled across the U.S. The problem is widespread and so severe that many states include laws prohibiting the transport of firewood with penalties of significant fines and even imprisonment.

“GSOB has contributed to death of more than 80,000 oak trees in three counties of southern California (San Diego, Riverside, and Orange),” reads the website DontMoveFirewood. org. The pest attacks the phloem, the vascular tissues that carry sugars, and other metabolic products downward from the leaves of the main trunk of the oaks. In California, there are few insects that attack oaks in this manner. As a result, the oak trees have not developed resistance to this type of attack.

To battle the pest, researchers are studying native species that prey upon the GSOB, including parasitic wasps and woodpeckers. There are two parasitic wasps that are native to Arizona and California that have been found to prey on the gold spotted oak borer; however, the wasps appear to target the borers less in California than those in Arizona.

In addition to slowing the spread of the pest through the Don’t Move Firewood campaign, the RCDGSD is exploring positive human activity that can aid in the salvage of biomass “in accordance with GSOB best management practices and support the coordination of research with University of California, Riverside on the potential for cultural burning to be used to control GSOB.” The removal of infested biomass needs to be done in a way to maximize the degradation of the GSOB while also contributing to the removal of the dead oaks that become wildfire fuel and pose hazards near buildings and roadways.

Volume 17 • Issue 4

With the many facets involved in broad challenges such as climate adaptation and native habitat preservation and restoration, CSDA is proud to support the special districts that work toward collaborative solutions to some of California’s most complex challenges.

How to Help:

Leave firewood at home —

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instead, buy local firewood at your destination.

Buy only what you will

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Use your firewood on site.

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Do not take it home with you.

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eidebailly.com

29

Business Affiliate Special Acknowledgements BUSINESS AFFILIATE

BUSINESS AFFILIATE

DIAMOND LEVEL

PLATINUM LEVEL

California CLASS www.californiaclass.com

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

Richards Watson Gershon www.rwglaw.com

CSDA Finance Corporation www.csdafinance.net

Best Best & Krieger www.bbklaw.com

Umpqua Bank www.umpquabank.com

Special District Risk Management Authority www.sdrma.org

Liebert Cassidy Whitmore www.lcwlegal.com

BUSINESS AFFILIATE

GOLD LEVEL

Actuarial Retirement Consulting, LLC www.awenarc.com

Complete Paperless Solutions www.cps247.com

Nigro & Nigro, PC www.nncpas.com

Aleshire & Wynder, LLP www.awattorneys.com

CPS HR Consulting www.cpshr.us

Nossaman, LLP www.nossaman.com

AllPaid, Inc dba GovPayNet www.allpaid.com

Eide Bailly CPAs www.eidebailly.com

Redistricting Partners www.redistrictingpartners.com

Brown Armstrong Accountancy Corp. www.bacpas.com

Five Star Bank www.fivestarbank.com

SitelogiQ www.sitelogiq.com

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

Granicus www.granicus.com

Slovak Baron Empey Murphy & Pinkney LLP

California CAD Solutions, Inc. www.calcad.com

Kutak Rock, LLP www.kutakrock.com

Streamline www.getstreamline.com

CalTRUST www.caltrust.org

Laserfiche www.laserfiche.com

Townsend Public Affairs www.townsendpa.com

Centrica Business Solutions www.centricabusinesssolutions.com

Mann, Urrutia, Nelson CPAs & Associates

www.muncpas.com

Tripepi Smith www.tripepismith.com

Climatec www.climatec.com

National Demographics Corporation (NDC) www.ndcresearch.com

Tyler Technologies, Inc. www.tylertech.com

Cole Huber, LLP www.colehuber.com

NBS www.nbsgov.com

Vasquez & Company LLP www.vasquez.cpa

www.sbemp.com

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

SDRMA members benefit from various MemberPlus™ services, including a custom on-Line portal giving members direct access to their policies, free on-line training through TargetSolutions, and important COVID information to help care for their employees and follow guidelines.

To learn more about the SDRMA MemberPlus™ services and their Workers’ Compensation, Property/ Liability and Health Benefits Programs visit www.sdrma.org.

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California Special Districts • July-August 2022

LEGAL BRIEF

Wage and Hour Law Update for California Special Districts

By Ryan Quadrel, Attorney, Slovak Baron Empey Murphy & Pinkney LLP

C

alifornia’s onerous wage and hour laws have long been a thorn in the side of private employers. The plaintiffs’ bar continues to rake in profits from lawsuits filed under employer-sided “sue your boss” legislation (e.g., the California PAGA). These laws are not only burdensome and expensive to defend, but they typically provide a oneway shifting of attorneys’ fees. Hence, employees’ attorneys have even more of an incentive to pursue these “bet the business” lawsuits.

Fortunately for California special districts, many of these notorious provisions of the Labor Code are inapplicable to public employees. The general rule is that the California Labor Code does not apply to public agencies unless it specifically says that it does.

Instead, public employees are mostly governed by the requirements of the federal Fair Labor Standards Act (FLSA), which are relaxed by comparison.

Public agencies can take some reprieve but must still tread lightly when it comes to setting compensation policies and practices for employees. California is, after all, one of the most litigious states in the nation and consistently ranks highest in judgment awards and settlement values.

Volume 17 • Issue 4

Notably, public employees are still subject to California’s minimum wage, which is one of the highest in the country. For 2022, the minimum wage for smaller employers (fewer than 26) is $14 per hour and for larger employers the hourly minimum wage is $15. On January 1, 2023, the rate goes up again to $15.50 for all employers, regardless of size.

Additionally, many wage and hour claims brought by public employees are not subject to the Government Claims Act. Claims for wages or other expenses and allowances are expressly exempt from the requirement to submit a claim within 6 months to avoid forfeiture.

This means that a claim for unpaid wages may be brought up to 2-3 years later under the applicable statutes of limitation.

However, special districts do get a “break” from California laws that mandate stringent overtime and meal break requirements, which are governed by the FLSA. Nevertheless, misclassification of employees as “exempt” is a common error that we see in our employment litigation practice.

Even under the more relaxed FLSA standard, it is important that public agencies regularly audit job descriptions and ensure that they list primary duties

that are considered exempt under one of the legal “tests” for executive, professional, administrative, outside sales or computer systems employees.

Payroll audits are also recommended to ensure that exempt employees are consistently earning at least the standard salary level set by the Department of Labor (DOL). As of January 1, 2020, the minimum salary for exempt employees is $684 per week ($35,568 annually).

The DOL also raised the minimum salary threshold for “highly compensated employees” from $100,000 to $107,432 per year.

Misclassification claims can become costly because they permit employees to recover years of backpay for unpaid overtime. If several employees are misclassified, it can also provide a basis for employees to bring a class action or collective action under California’s Private Attorneys General Act (PAGA) to aggregate their claims.

By design, the PAGA deputizes private citizens to step into the shoes of the Labor Commissioner and collect civil penalties owed to the State for violations of the Labor Code. In practice, PAGA actions are commonly used to conduct fishing expeditions with the hope of uncovering technical violations continued on page 32

31

LEGAL BRIEF

or typographical errors on wage statements. The average PAGA case aggregates in 7-figure liability, even if the violations were inadvertent and the plaintiffs themselves were not actually harmed.

Private employers have been plagued by the PAGA for the past 18 years but its applicability to public agencies has been a question that California courts have routinely declined to address. Recently, two judicial decisions have shed some light on this question. The answer suggests that public agencies should have the PAGA on their compliance radar.

In the first case, Sargent v. Board of Trustees of California State University (Sargent), the Court determined that public agencies are not categorically immune from PAGA claims and could be liable for certain penalties. However, liability is limited to a certain type of penalty that is specified in the Labor Code, and not the type that is provided

32

as the PAGA’s “default” penalty for labor laws that do not themselves provide a penalty.

Since these “default” or “gap-filler” penalties are the most common category

It is important that special districts consider their policy on employment arbitration agreements. alleged in PAGA litigation, the Sargent decision serves to insulate public agencies from penalties that typically have the broadest application. This is counterbalanced, however, with the Court’s finding that public agencies are not generally immune from the PAGA, which may have paved the road for more

public employees to file PAGA claims.

A Cal/OSHA regulatory violation is one example of a labor law that provides for penalties and, under Sargent, is now recognized as a violation that a public employee can seek to recover under the PAGA. In the second case, Viking River Cruises, Inc. v. Moriana (Viking River), the US Supreme Court held that PAGA claims are not immune from employment arbitration agreements.

The high court’s decision unraveled years of employee-friendly precedent and paved a path for both private and public employers to avoid costly PAGA claims with artfully drafted employee arbitration agreements.

Since Sargent has now placed public agencies in the spotlight for PAGA litigation, it is important that special districts consider their policy on employment arbitration agreements.

If party to a MOU, consider whether the arbitration requirement properly addresses the handling of PAGA claims.

Under Viking River, artfully drafted arbitration agreements could shield public agencies from PAGA litigation permeating from the private sector.

The laws that follow Sargent and Viking River will have a lasting impact on wage and hour litigation involving public agencies. Special districts seeking to remain compliant in California must traverse a minefield of interwoven state and federal laws. Wage and hour laws are no exception and the best way to safely navigate is to work proactively with knowledgeable employment counsel.

California Special Districts • July-August 2022

TAKE ACTION

T

TAKE ACTION

he California State Legislature reconvenes from its Summer Recess August 1 and will adjourn the 2021-2022 Legislative Session August 31, leaving one month to dispense with hundreds of remaining bills and plenty of time for hashing out additional budget trailer bills. CSDA is engaged in budget-related action concerning property taxes and state mandate payments while keeping a close watch for potential gut-and-amend legislation that tends to crop up this time of year. CSDA members may download the full run-down of legislation affection special districts in our Mid-Year Legislative Report found at csda.net/bill-tracking.

Once the legislative session concludes, legislators will turn their full attention to the November 8 statewide general election. Based on preliminary results from the June 7 statewide primary election, California voters will elect at least 24 new State Assemblymembers and 10 new State Senators in November. This represents 30 percent of the Assembly and 25 percent of the Senate respectively.

It’s Time to Build Relationships with New Lawmakers Given the significant turnover expected in State Capitol, CSDA encourages special district leaders to reach out to candidates early and often to begin building relationships with the individuals seeking to represent them in the Sacramento.

Use CSDA’s Special Districts Map to determine which legislative districts overlap with your special district. The online tool allows users to surface the new State Assembly, State Senate, and U.S. Congressional Districts over the top of special district boundary lines.

Special Districts Increase Representation on LAFCOs In addition to our work in the State Legislature, CSDA is pleased to report that special districts have increased their representation on local agency formation commissions (LAFCOs) to 32 out of the 58 LAFCOs in California.

On May 17, the Alpine County LAFCO formally appointed two individuals to represent the three special districts in the County. One of CSDA’s priorities is to help districts secure LAFCO representation. Alpine joins Tuolumne County as the most recent counties to seat special districts. Tuolumne LAFCO approved district representation in 2020. Statewide, special districts are now represented on 32 out of 58 Commissions.

The benefits of securing representation are significant.

Where represented, special districts sit on this regional body as a co-equal partner with their county and city peers. Special districts are also granted a direct voice in decisions governing boundary changes, consolidations, annexations, formations, dissolutions, service extensions and other LAFCO actions.

Volume 17 • Issue 4

Even if special districts do not anticipate an organizational or boundary change in the near future, LAFCOs affect every independent special district because they are charged with the preparation and approval of Spheres of Influence and Municipal Service Reviews that are typically conducted for every special district every five years.

Federal Disaster Mitigation Funding for Vulnerable Communities In Washington D.C. the National Special Districts Coalition (NSDC), of which CSDA is a founding member, is supporting legislation to boost FEMA hazard mitigation project funding in some of the nation’s most hazard-prone communities.

The Community Disaster Resilience Zones (CDRZ) Act works within the Robert T. Stafford Disaster Relief and Emergency Assistance Act, commonly referred to as the “Stafford Act,” to codify the Federal Emergency Management Agency’s (FEMA) National Risk Index for Natural Hazards.

The index is a relatively new tool that scores each county and census tract based on potential economic losses, social vulnerability, and general community resilience to a range of 18 natural hazards.

The federal legislation would require FEMA to update the National Risk Index tool every five years and leverage the data to designate the 50 most-risk adverse census tracts in each state, and no less than 1 percent of a state’s census tracts, as “Community Disaster Resilience Zones.” The CDRZ Act would allow enhanced federal cost-share above the standard 75 percent for FEMA-funded mitigation projects and would authorize financial aid and technical assistance to local governments seeking project funds.

Senator Gary Peters, D-Mich., sponsors the original Senate version of the bill and chairs the Senate Committee on Homeland Security and Government Affairs, which is the Senate committee of jurisdiction. The Committee passed S. 3876 on March 30 with an amendment to cap the enhanced federal cost share for qualified mitigation projects at 80 percent. Congresswoman Sharice Davids, D-Kan., sponsors the House version. The House Committee on Transportation and Infrastructure passed H.R. 7242 on April 28 with an amendment to consider impacts of algal blooms as a factor in designating Community Disaster Resilience Zones.

Seasons of Advocacy:

Summer

• Set up a meeting or tour for your local news reporter or editor.

• Respond to CSDA “Calls to Action” at csda.net/take-action.

33

DISTRICTS MAKE THE DIFFERENCE

Student Video Contest Winners!

D

istricts Make the Difference’s annual Student Video Contest has wrapped for 2022, with Victoria Loredan of Wellington High School in Florida taking the top prize. Ms. Loredan would like to acknowledge her friend and co-star, Khania Stevenson, for starring in the video with her.

Second place in the video contest went to Julianne Elizabeth Jones of Pendleton High School in Pendleton,

With dozens of entries across 14 states, students were challenged to make a video less than 60 seconds in length that would raise awareness and understanding of the special districts that serve communities across the country. The videos were first evaluated for accuracy, video quality, and entertainment value. The top ten videos were then posted for a public vote from May 10 to 17, 2022, on districtsmakethedifference.org.

The central Palm Beach County winner offered a “fresh” look at Acme Improvement District (AID) of Wellington, Florida. Their Bel-Air-inspired video secured them enough votes for first place and the grand prize of $2,000.

“This project helped teach me that special districts help run our community. Prior to making this video, I had no idea that my special district was [such a vital part of] making my community run,” said Loredan.

Each contestant also nominated a teacher to win a $500 classroom prize. At Wellington High School, Nancy Toussaint was the grateful recipient of the award. Ms. Toussaint is a math teacher in the school’s Cambridge Advanced International Certificate of Education (AICE) program and a sponsor of the school’s Black Leadership and Achievement Student Team (BLAST).

34

California Special Districts • July-August 2022

Oregon. She highlighted the importance of the Umatilla Special Library District. In the video, you will find her educating the likes of Bigfoot and zombies on the important role special districts play in her community. Spoiler alert: Bigfoot is now a library card-carrying member of the Umatilla Special Library District.

Aditi Rai of Elkhorn South High School in Omaha, Nebraska, placed bronze in the student video contest, receiving a $500 prize and $500 award for science teacher Tristan Manasek. The high-level look at special districts serves as a great primer for those unfamiliar with what special districts do or how they operate.

About her video, Jones says, “I love libraries, especially our library in Pendleton, Oregon. Our library would not be able to operate without the funding from the Umatilla County Special Library District. Libraries are much more than just a place to check out books. They function more like community centers.

The resources libraries provide are too numerous to list but all are available free of charge. As Teen Council Chairperson, it is my privilege to help plan fun and engaging activities for young adults to learn more about all that the library has to offer.

Everyone is welcome at the library – even Bigfoot!”

“My biggest takeaway [is] that special districts are designed with one thing in mind: to cater to the needs of citizens.

They help in places where other forms of government can’t help,”said Rai.

She won a $1,000 prize in addition to a $500 classroom prize for her teacher-sponsor, Melissa Smith, Pendleton High School’s Hospitality and Tourism Instructor, who plans to use the funding for “industry-related field trips and outings,” she said.

To view the winning videos, visit districtsmakethedifference.org/video-contest. To learn more about the National Special Districts Coalition, visit nationalspecialdistricts.org.

Supporting California Special Districts Since 1980.

The Districts Make the Difference Student Video contest began in 2017 to educate students on the role special districts play in the communities they serve. Originally a Californiaonly competition, the contest expanded nationally this year, broadening its audience and bringing awareness of special districts, courtesy of the National Special Districts Coalition.

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

www.lcwlegal.com Volume 17 • Issue 4

35

MANAGING RISK

Violence in the Workplace— Mitigating Risk and Proactively Responding to Threats

By Jenica Maldonado, Partner, and Jake Freitas, Associate, Renne Public Law Group

W

orkplace violence is an important safety issue for both public and private sector employers.

According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), in 2020, there were 20,050 nonfatal and 651 fatal occupational injuries caused by the intentional injury by another person in the United States. In 2019 68% of victims who experienced trauma from workplace violence were female, 70% worked in healthcare and social assistance industries, and 21% required 1 31 or more days away from work to recover.

OSHA defines workplace violence as any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at a work site. It can range from threats and verbal abuse to physical assaults and homicide. Workplace violence can involve employees, clients, customers, and members of the public. Mass shootings represent a particularly horrifying type of workplace violence.

In the first twenty-two weeks of 2022, there have been at least 246 mass shootings in the United States. Many of these mass 2 shootings occur at the workplace. However, mass shootings represent a small number of workplace violence incidents.

Most incidents employers have to deal with are lesser cases of assaults, domestic violence, stalking, threats, harassment (including sexual harassment), and physical and emotional abuse. These incidents are not talked about on the nightly news, and unfortunately, many are never reported.

36

Workplace violence is an unfortunate reality for which all employers must prepare. Although some industries, such as law enforcement and health care, experience a greater risk of workplace violence, no workplace is immune. To mitigate the risks of workplace violence, all employers, including special districts, should prepare for the possibility of violence, proactively respond to threats and incidents of violence, and conscientiously mitigate harm that results from an incident.

Preparedness is key to mitigating the risks of workplace violence. A clear zero-tolerance workplace violence policy is one of the best protections against workplace violence. A zero-tolerance policy will show that the employer takes threats and incidents of violence seriously. It will also encourage employees to report threats and incidents of violence. Any workplace violence policy should clearly define what acts are considered violent and what consequences will follow if the policy is broken. The policy should also make it clear to whom complaints, threats, and concerns should be reported.

Education and training are additional aspects of being prepared for workplace violence. A policy is not useful if employees and managers are not trained to implement it.

Employees should be trained to know what conduct is not acceptable at the workplace, what to do if they witness or are subjected to workplace violence, as well as how to protect themselves.

California Special Districts • July-August 2022

When there is an incident or threat of violence, it is vital that an employer respond quickly, following the policies and procedures that they have in place at the time. It is crucial to document the incident or threat and any remedial measures that are taken in response. Documentation is essential not only to mount a strong legal defense against future litigation but also, if there is a persistent threat of violence, to protect employees through a workplace violence restraining order.

Under California law, courts can make orders to protect an employee from violence or threats of violence at the workplace. With this order, the employer requests from the court a restraining order on behalf of the employee who needs protection. The court order can last up to 3 years, protect multiple employees or workplaces, and even protect the employee’s family or household members. Employees cannot ask for workplace violence protective orders. If they want to protect themselves, they must ask for a different type of protective order on their own, such as a domestic violence or civil harassment restraining order.

Although a workplace restraining order is a great tool to prevent workplace violence, securing one can be difficult because the California Code of Civil Procedure sets a high bar.

To get a workplace restraining order, the employer must show that an employee has “suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at 3 the workplace.” A “credible threat of violence” is a “knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate 4 purpose.” This is one reason documentation is important. An

employer needs to be able to demonstrate, with evidence, that a credible threat exists to secure a workplace restraining order.

After an incident of workplace violence, the well-being and health of the employees should be an organization’s primary focus. Workplace violence can cause emotional and psychological distress to victims, intended victims, colleagues, and bystanders. Creating an environment where employees can communicate will help a workplace recover.

After an incident of workplace violence occurs, an opendoor policy where employees can speak with management or human resources about the incident is a good idea. Creating opportunities for employees to discuss the incident with each other is also an option, although some employees may not want to participate.

Another difficult aspect of dealing with the aftermath of a workplace violence incident is the inevitable question, “what more could we have done?” Often, this question is at the center of a plaintiff’s negligence lawsuit. If the employer has prepared for and responded to incidents and threats of workplace violence, they are more likely to prevail in a lawsuit following an incident of violence. Of course, the retention of competent legal counsel is essential to evaluate any legal claims.

1 The National Institute for Occupational Safety and Health (NIOSH): Occupation Violence – Fast Facts https://www.cdc.gov/niosh/topics/violence/fastfacts.html (last visited June 17, 2022).

2 Saeed Ahmed, 22 weeks into the year, America has already seen at least 246 mass shootings, NPR, June 5, 2022, https://www.npr. org/2022/05/15/1099008586/mass-shootings-us-2022-tally-number 3 Code Civ. Proc., § 527.8, subd. (a).

4 Code Civ. Proc., § 527.8, subd. (b)(2).

SDRMA Board and Staff Officers

Staff

MIKE SCHEAFER, PRESIDENT Costa Mesa Sanitary District

LAURA S. GILL, ARM, ARM-P, CSDM, Chief Executive Officer ELLEN DOUGHTY, ARM, Chief Member Services Officer DEBBIE YOKOTA, AIC, ARM, Chief Risk Officer JENNIFER CHILTON, CPA, ARM, Chief Financial Officer WENDY TUCKER, AU, Member Services Manager ALANA LITTLE, Health Benefits 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

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

DEREK BURKHALTER, Bickmore Actuarial CHARICE HUNTLEY, River City Bank FRANK ONO, ifish Group, Inc. ANN SIPRELLE, Best Best & Krieger, LLP KARL SNEARER, Apex Insurance Agency DOUG WOZNIAK, Alliant Insurance Services, Inc.

Volume 17 • Issue 4

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

37

MONEY MATTERS

What Your Board Needs to Know About Financing At CSDA’s General Manager Leadership Summit, consultants of the CSDA Finance Corporation and a special district general manager collaborated in a presentation providing insight into preparing board members for a financing.

Panelists included Pat Kaspari, general manager of McKinleyville Community Services District, as well as consultants from the CSDA Finance Corporation: Rick Brandis and Nicki Tallman of Brandis Tallman, a division of Oppenheimer and Co. Inc.; Albert Reyes of Kutak Rock LLC; Stefan Morton of Municipal Finance Corporation.

38

When it comes to infrastructure projects and large equipment purchases, general managers play a pivotal role in defining the scope of the need and securing the funds to get the job done. When funding for those big-ticket items means identifying the right financing option, it is crucial that the members of the board be educated and informed throughout the process so they feel confident in the decisions they make.

While board members may have an understanding of personal loans or home mortgages, few have experience with the type of financing options available to local governments.

Keeping an eye toward their responsibility to protect district finances and the pocketbooks of their constituents, board members may approach financing with questions like: “Why do we need to finance?” and “Why can’t we use our cash reserves?”

Every scenario is different, and there are pros and cons to paying cash as well as to financing. Some considerations include: the type and size of the project or purchase, the immediacy of the needed improvements, and the district’s fiscal health.

Using cash reserves may seem expedient in the short term, it could cost the district more in the long run. In addition, there is an element of fairness to consider before the cash reserves are drained.

California Special Districts • July-August 2022

In 2021, McKinleyville Community Services District completed a financing through the CSDA Finance Corporation (CSDAFC) for improvements to the district’s water system and wastewater system. General Manager Pat Kaspari explained, “Even if a district has cash reserves, choosing to finance avoids putting the entire burden on today’s ratepayers.”

For larger capital improvement projects such as installation of new water or sewer lines, financing spreads the cost burden over the life span of the capital being improved, ensuring that future users also contribute to the infrastructure. CSDAFC consultant Rick Brandis, defined this as “generational equity” that allows all users who benefit from the infrastructure to share in the responsibility of paying for it.

For the purchase of equipment with a shorter life span, such as a fire truck or snowplow, there are still issues board members need to weigh when making the decision to finance. CSDAFC consultant Stefan Morton stated, “In today’s market, it is important to take inflation into consideration when deciding to finance instead of using cash reserves.”

Financing a large equipment purchase now can preserve cash for future purchases when inflationary factors are in play, thereby saving money

in the long run. In addition, some financing options may include price reductions for in-full purchases and no pre-payment penalties that can be strategically leveraged to reduce cost.

Regardless of the size of the financing, CSDAFC consultant Albert Reyes, emphasized the serious responsibility held by board members when considering approval of a financing. “Board members should carefully read the resolution approving the financing so they are familiar with what its approval means to the district.

The resolution not only authorizes the district to proceed with pursuing the financing, but also authorizes staff to enter into certain agreements either with a lender or bondholders that places obligations upon the district other than make debt service payments.”

Board members have a duty to review the financing documents prior to the board meeting. At the meeting, board members should ask staff and legal counsel clarifying questions about what the obligations are and confirm the district can comply with them.

Discussions in board meetings with recorded minutes also ensures the public is aware of the work being done by the district’s board to weigh their options and act responsibly. CSDAFC consultant Nicki Tallman underscored the need for “a fully transparent and

vetted process” that helps the public maintain confidence in the responsible representation of the district.

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

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

Consultants RICK BRANDIS, Brandis Tallman, a Division of Oppenheimer & Co. Inc.

Recently Closed Financings

WILLIAM MORTON,

So far this year, CSDA Finance Corporation has facilitated the closing of more than $25 million for special district projects and purchases.

ALBERT REYES, Kutak Rock LLP

Municipal Finance Corporation NICOLE TALLMAN, Brandis Tallman, a Division of Oppenheimer & Co. Inc.

Big Bear Airport District

Terminal building

$7,920,000

Cobb Area County Water District

Property purchase

$500,000

Port San Luis Harbor District

Boom truck purchase

$197,300

Sonoma County Fire Protection

Pension liability refunding

$15,000,000

AMBER PHELEN, Executive Assistant

Summerland Sanitary District

Pipeline replacement

$500,000

RICK WOOD, Finance & Administrative

Visalia Public Cemetery District

Admin building

$945,000

Even with interest rates on the rise, special districts are finding low-cost, competitive financing solutions through the CSDA Finance Corporation.

Visit www.csdafinance.net to submit a quote request online.

Volume 17 • Issue 4

Staff NEIL MCCORMICK, Chief Executive Officer CATHRINE LEMAIRE, Coordinator

Director

CSDA F C

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

39

Learn more and have your questions about strategic planning answered at the CSDA Annual Conference. Just look for the session titled: You Need It. How Do You Do it? A Step-by-Step Guide to Building an Effective Multi-Year Strategic Plan.

MANAGERS CORNER

You Need It. How Do You Do It?

By Martin Rauch, Rauch Communication Consultants Inc.

Strategic Planning Will Improve Your District’s Performance Planning Helps You Clear Away The Clutter And Focus On What Is Important Most special district leaders are confronted by a daily web of challenges and time pressure from every direction. The daily tangle of issues and problems can crowd the time and mental space needed to focus on your district’s big-picture strategic challenges. Don’t fail to take advantage of the power of a strategic plan. A well-designed planning process will help your board, staff, and public develop the goals and priorities needed to move your district in the right direction.

Understand Your Current Performance, And Anticipate Future Challenges And Needs Strategic planning is an organized way to evaluate your current programs and performance. It also helps you anticipate future challenges and needs, identify goals and priorities, and develop a plan to achieve those goals. This type of planning is more effective than trial-and-error learning, bumping along from challenge to challenge as issues arise, or through the regular board meeting process. Planning produces results!

Strategic Planning Benefits Everyone And Reinforces Everyone’s Proper Role Strategic planning provide an excellent introduction for newer board members and to build consensus around priorities for the entire board. It is an ideal opportunity for both newer and longstanding directors to be exposed to the key issues facing the district and to engage with their fellow directors and management team in-depth on these topics. In addition, the process strengthens the Board’s ability to set clear policy direction and avoid micromanaging.

Planning gives the manager a clear understanding of where the district is going and the priorities. A good strategic plan 40

allows the manager to act decisively and confidently to set work priorities, build the budget, and implement the plan. It also helps clarify the expectations the manager is being judged against, where to focus resources, how to set up timelines, and more.

Staff gains an understanding of how each person contributes to the overall goals and priorities. Having a voice in the process and understanding of one’s contribution to the mission motivates everyone.

The planning process also helps the public understand and have confidence in how the district is preparing to serve them effectively over the long run. In addition, the public can better monitor whether the district is achieving its goals by participating in a transparent process.

Seven Steps to Success There are many ways to carry out a successful strategic planning process. Below are some key elements that should be included in every process: 1.

2.

3.

4.

5.

6.

7.

Agree on the planning process, including who will participate, where it will be held, and how it will be organized and facilitated.

Reaffirm or update your mission, vision, and values. These are vital guideposts you can use to make better decisions and navigate the district’s challenges.

Develop a mutual understanding of challenges and opportunities.

Develop goals and concrete objectives to resolve district challenges and achieve the mission.

Develop a staff work plan to implement the goals, objectives, and priorities.

Reality check the plan to ensure it is achievable within the district’s time and resources.

Set performance measures and monitor progress and effectiveness. Adjust course as needed.

California Special Districts • July-August 2022

WHAT'S SO SPECIAL

Case Study: Creating the Upper Santa Ana River Habitat Conservation Plan

By Jeff Crider, Palm Desert based freelance writer Heather Dyer (center), a former fish biologist with the U.S. Fish and Wildlife Service, was part of a team of FWS biologists who developed the habitat recovery plan for the Santa Ana sucker. When this photo was taken, Dyer was working as a fish biologist for San Bernardino Valley Municipal Water District. She is pictured here with researchers from the U.S. Geological Survey as they conducted sucker research in the Santa Ana River. Dyer has since been promoted to CEO of San Bernardino Valley Municipal Water District.

For four years, a dozen water agencies across Riverside and San Bernardino counties battled the U.S. Fish and Wildlife Service (FWS) in court, challenging the federal agency’s expansion of critical habitat for the Santa Ana sucker (sucker).

base of the San Bernardino Mountains westward to the Pacific Ocean. The FWS saw the expansion of the critical habitat area as a necessary move to increase the suckers’ chances of survival.

The sucker topped the list of threatened and endangered species in the Santa Ana River (SAR), which runs from the

But the FWS action also made it harder for water agencies to get permits to build a climate resilient water portfolio that included water recycling and other groundwater recharge projects.

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After collectively spending more than $1 million in legal fees on a failed four-year court battle, including taking their case all the way to the U.S. Supreme Court, water agencies realized litigation focused on the critical habitat area for sucker was counterproductive. They switched gears to a more collaborative approach to securing permits, and they had a role to play in recovery of the sucker.

What water agencies learned during four years of litigation was that FWS does not typically have a secure funding source to implement the species recovery plans it develops, despite being mandated by law. Instead of fighting in court, water agencies realized it was more advantageous to invest financial resources in species recovery to help the FWS achieve its mission of ensuring the long-term survival of threatened and endangered species.

“Let’s say we won the case, and the critical habitat area was reduced. We would still have to prove there’s enough fish in the river and that they would not be negatively affected by our water projects,” said Douglas Headrick, former general manager of San Bernardino Valley Municipal Water District (Valley District).

If there wasn’t sufficient water and habitat in the river to ensure Santa Ana sucker survival, Headrick said, the FWS would continue to deny water agencies the permits needed to build their projects. As a result, Headrick said, the best hope continued on page 42

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WHAT'S SO SPECIAL

water agencies had to secure FWS approval for water projects was to use their financial resources to expand and improve the habitat needed to support recovery of the Santa Ana sucker.

Workers employed by the Riverside Corona Resource Conservation District are removing invasive non-native trees and plants in the Tequesquite Arroyo in Riverside. The non-native trees and shrubs will be replaced with native trees and plants to provide suitable habitat for the Santa Ana Sucker and other species.

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In other words, the more water agencies helped the FWS to do its job, the more likely the FWS would issue permits, thus enabling water agencies to do their jobs. This is a critical lesson that inland Southern California water agencies want to share with special districts that draw their water from environmentally sensitive watersheds across California and the nation.

Heather Dyer, who today serves as general manager of Valley District following Headrick’s retirement in 2019, was one of several FWS fish biologists who helped develop the recovery plan for the Santa Ana sucker, which the water agencies now use as their roadmap to fund habitat restoration and recovery projects along the river. Valley District originally hired Dyer in 2014 to spearhead the effort to develop the Upper Santa Ana River Habitat Conservation Plan (HCP) for the sucker and 20 other threatened or endangered species.

Water agencies had yet another issue to face. Historically, there was a sense that they were competing for the few permits that could be issued to build water projects in the Santa Ana River due to the poor status of the sucker. Water agencies realized they would be better off collaborating to create one regional effort, putting all their proposed water capture, groundwater recharge and water recycling projects into one HCP. The 11 different agencies in Riverside and San

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Districts Make the Difference

Bernardino counties joined forces to apply for an incidental take permit as a group rather than individually.

Of course, this unique approach had its own set of challenges.

“When we finally put all the projects together that everybody had dreams of building, there were potentially serious negative effects on the amount of water in the river,” said Dyer.

As a result, Dyer said, water agencies had to collectively work together to either modify or scale back some of their projects and/or fund more habitat restoration to offset their potential impacts on species in the Santa Ana River.

Miguel Guerrero, general manager of the San Bernardino Municipal Water Department, agrees that the collaborative approach is beneficial for every agency.

“In the past,” he said, “it was common practice for agencies to go it alone. The problem of going it alone is that there can be a lot of surprises, including letters of protest. When you are part of a larger group, and you have the entire region weighing in, it’s hard to be biased.”

A collaborative process also enables agencies to look at every project from a regional perspective and weigh the

environmental costs and benefits of each project on the entire watershed and not just from a single agency’s perspective. In the end, the group came up with better projects with shared benefits.

A new multi-agency Regional Recycled Water System includes East Valley Water District’s Sterling Natural Resource Center, which will recycle up to 8 million gallons a day (MGD) of treated wastewater per day, and San Bernardino’s Tertiary Treatment System, which will recycle up to 5 MGD of wastewater per day – all of which serves as a drought-proof groundwater supply.

“We’re not going to pretend there’s no impacts from our projects,” said John Mura, general manager of East Valley Water District in Highland. “We’re going to own the impacts and partner to make a real difference for the fish.”

At the time of this writing, water agencies were close to completing an HCP that would enable 11 agencies to build over 100 water capture, groundwater recharge and water recycling projects over the next 50 years.

“Everyone wins with this collaborative plan, including the species of the Santa Ana River and the people of this watershed,” Dyer said. FWS approval of the HCP is expected early next year.

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Your Community. Your Services. Your District!

This campaign is centered on the concept that special districts go beyond providing important services to their communities. They make a difference in the lives of their residents and help our state thrive. The goal is to bridge the gap between special districts and the essential services that millions of people value.

The first step is to visit DistrictsMaketheDifference.org. The website features a simple-to-use toolkit filled with public awareness videos, web banners, posters, fact sheets, and other materials that can be easily downloaded.

Follow, like, subscribe, share!

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