The California Special Districts Alliance is a collaborative partnership between the California Special Districts Association (CSDA), the CSDA Finance Corporation (CSDAFC), and the Special District Risk Management Authority (SDRMA). These three highly respected statewide organizations join forces to help special districts in California better serve their communities.
Officers
ELAINE MAGNER, PRESIDENT, Pleasant Valley Recreation and Park District
PETE KAMPA, VICE PRESIDENT, CSDM, Groveland Community Services District
DON BARTZ, CSDM, SECRETARY, Phelan Pinon Hills Community Service District
LORENZO RIOS, TREASURER, Clovis Veterans Memorial District
RYAN CLAUSNITZER, CSDM, PAST PRESIDENT, Alameda County Mosquito Abatement District
Members of the Board
KIMBERLEE SENEY, Gold Mountain Community Services District
FRED RYNESS, Burney Water District
GREG ORSINI, McKinleyville Community Service District
NOELLE MATTOCK, El Dorado Hills Community Services District
JERRY L. GILMORE, Truckee Sanitary District
CHAD DAVISSON, CSDM, Ironhouse Sanitary District
PATRICK OSTLY, North of River Sanitary District #1
STEVE PEREZ, CSDM, Rosamond Community Services District
DR. HUGH RAFFERTY, Mosquito & Vector Management District of Santa Barbara County
VINCENT FERRANTE, Moss Landing Harbor District
ARLENE SCHAFER, Costa Mesa Sanitary District
JO MACKENZIE, Vista Irrigation District
Staff
NEIL MCCORMICK, Chief Executive Officer
MEGAN HEMMING, Professional Development Director
KYLE PACKHAM, Advocacy & Public Affairs Director
CASSANDRA STRAWN, Member Services & Communications Director
RICK WOOD, Finance & Administration Director
AARON AVERY, Senior 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
MELISSA GREEN, Public Affairs Field Coordinator
COLLEEN HALEY, Public Affairs Field Coordinator
HEIDI HANNAMAN, Legislative Representative
LILIA M. HERNANDEZ, Legislative Assistant
MUSTAFA HESSABI, Deputy General Counsel
CHARLOTTE HOLIFIELD, Public Affairs Field 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
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
Officers
SANDY SEIFERT-RAFFELSON, PRESIDENT, Herlong Public Utility District
ROBERT SWAN, VICE PRESIDENT, Groveland Community Services District
JESSE CLAYPOOL, SECRETARY, Honey Lake Valley Resource Conservation District
Members of the Board
DAVID ARANDA, CSDM, Stallion Springs Community Services District
MIKE SCHEAFER, Costa Mesa Sanitary District
TIM UNRUH, CSDM, Kern County Mosquito & Vector Control District
THOMAS WRIGHT, Clovis Veterans Memorial District
Consultants
JAMES MARTA, CPA, James Marta & Company, LLP
LAUREN BRANT, Public Financial Management
DEREK BURKHALTER, Bickmore Actuarial
CHARICE HUNTLEY, River City Bank
FRANK ONO, iFish Group, Inc.
ANN SIPRELLE, Best Best & Krieger, LLP
KARL SNEARER, Apex Insurance Agency
DOUG WOZNIAK, Alliant Insurance Services, Inc.
Staff
VACANT, Chief Executive Officer
ELLEN DOUGHTY, ARM, Chief Member Services Officer
DEBBIE YOKOTA, ARM, CPCU, Chief Risk Officer
WENDY TUCKER, AU, Member Services Manager
ALANA LITTLE, Health Benefits Manager
HENRI CASTRO, CSP, Risk Control Manager
DANNY PENA, Senior Claims Examiner
ERIC LUCERO, Senior Risk Control Specialist
TERESA GUILLEN, Member Services Specialist II
MICHELLE BROWN, Health Benefits Specialist II
CANDICE RICHARDSON, Member Services Specialist II
KEITH IKAMI, Claim Examiner I
Special District Risk Management Authority
1112 I Street, Suite 300 Sacramento, CA 95814
tel: 800.537.7790
www.sdrma.org
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
PAUL HUGHES, CSDM, South Tahoe Public Utilities District
MATTHEW MCCUE, Coachella Valley Cemetery District
GREG ORSINI, McKinleyville Community Service District
Consultants
RICK BRANDIS, Brandis Tallman, a Division of Oppenheimer & Co. Inc.
JEFF LAND Brandis Tallman, a Division of Oppenheimer & Co. Inc.
WILLIAM MORTON, Municipal Finance Corporation
STEFAN MORTON, Municipal Finance Corporation
ALBERT REYES, Kutak Rock LLP
NICOLE TALLMAN, Brandis Tallman, a Division of Oppenheimer & Co. Inc.
Staff
NEIL MCCORMICK, Chief Executive Officer
CATHRINE LEMAIRE, Coordinator
AMBER PHELEN, Executive Assistant
RICK WOOD, Finance & Administrative Director
CSDA Finance Corporation 1112 I Street, Suite 200, Sacramento, CA 95814 tel: 877.924.2732
www.csdafinance.net
California Special Districts Association
1112 I Street, Suite 200
Sacramento, CA 95814
toll-free: 877.924.2732
www.csda.net
As a not-for-profit trade association, CSDA exists to be the collective voice of all special districts in advocacy and provide the best in services, benefits, and professional development for California’s special districts. Over the years, we continue to continued to innovate and have built a robust set of offerings and benefits designed to appeal to a very broad membership base…one with some of the smallest and largest public agencies in California.
That said, I know inboxes can get cluttered quickly and there are a lot of communications and messages to weed through, so below is a starting point on how you and your district can get involved in CSDA and begin to Maximize Your Membership:
1. Take Action – Without CSDA members ‘speaking up’ on key legislative matters, our advocacy power is significantly diminished. After all, there’s a reason our tagline is Districts Stronger Together With a membership of 1,300+ strong, we have the potential to significantly influence public policy, but it takes action (i.e. letters, calls, emails, in-person visits) by a large portion of members. So, when CSDA puts out a Take Action request, get involved and take a few minutes to add to the collective voice of districts. See more at csda.net/advocate/take-action
2. CSDA Communities – Our online communities are a great, easy way to get connected and engaged in important conversations. Whether it’s in the Open Forum or a specialized community, it’s an opportunity to ask questions and access all types of resources and information from your peers throughout the state. CSDA Communities are always open and free to members! See more at csda.net/communities-home
3. Endorsed Affiliate Programs – Your district can save and earn money by participating in CSDA’s specially designed member programs. In fact, by participating, many districts save/earn far more than their annual dues payment to CSDA! Hundreds of districts already participate in one or more of these and getting involved is easy. Just go to the webpage below and find which ones are best suited for you and your district. See more at csda.net/join/value-benefits
Of course, there are many more ways to get involved in CSDA and get the most out of your membership, including through participation in all of our professional development offerings. The above will begin to take you on the path in accessing benefits and services that best meet the needs of YOUR district. To learn more, you can always contact our Member Services & Communications Department at 916.442.7887 or by email at membership@csda.net.
The Special District Leadership Foundation (SDLF) has announced a new program for 2023. The Essential Leadership Skills Certificate Program is tailored for special district staff to demonstrate training in critical leadership skills and competencies to successfully lead special districts. To earn the certificate, applicants must complete the following six training modules:
1. Effective Communication
2. Organizational Development
3. Financial Management
4. Human Resources Management
5. Leadership
6. Special District Laws
Earning this certificate demonstrates training in critical skills to competently lead special districts. The modules are taught by experienced certified special district managers and local government experts. Supervisors, managers, department heads, and/or new general managers are encouraged to complete the requirements and apply for this career building recognition.
In addition, earning the Essential Leadership Skills Certificate earns the participant 50 points toward the Certified Special District Manager (CSDM) program from SDLF.
Visit sdlf.org to learn more about the program, view courses that satisfy the certificate requirements, and to download an application.
CSDA Annual Awards Nomination Deadline
May 1, 2023
ILG Beacon Leadership and Innovation
Awards Nomination Deadline
May 1, 2023
More details: csda.net/awards
CSDA Conferences
Special Districts Legislative Days
Sacramento, May 16 - 17
General Manager Leadership Summit
Olympic Valley (Lake Tahoe area), June 25 - 27
CSDA Annual Conference & Exhibitor Showcase
Monterey, August 28 - 31
Special District Leadership Academy
Santa Rosa, October 22 – 25
Board Secretary / Clerk Conference
Monterey, November 6 - 8
Upcoming Workshops
Prevailing Wage: Basics and Beyond
April 12 – 13
CEQA
April 19 – 20
Financial Management for Special Districts
April 26
Overview of Special District Laws
May 3 – 4
Educational articles and topic ideas from members are accepted all year long. Send to membership@csda. net for consideration in the California Special Districts magazine, CSDA eNews, the CSDA website, and on our social media channels.
CSDA Board of Directors (Seat C)
Voting Deadline
July 14, 2023
Organizational Development
May 10 – 11
California’s Public Contracting Laws
May 24 –25
Essential IT Leadership
June 7 – 8
So, You Want to Be a General Manager?
June 25
Upcoming Webinars
How and Why Involvement in LAFCO Matters
April 4
The Ever-Evolving Landscape of Cybersecurity
April 11
Employee Expression in the Workplace
April 25
The ABC’s of SDLF
May 2
CVRA Challenges to At-Large Board Elections
June 6
Performance Management
June 13
The CSDA Board of Directors is the governing body responsible for all policy decisions related to CSDA’s member services, legislative advocacy, professional development, and other resources for members. The Board of Directors is crucial to the operation of the Association and to the representation of the common interests of all California’s special districts before the Legislature and the State Administration. Vote for your board of directors for the 2024 - 2026 term to help guide the direction of CSDA! CSDA will be using a web-based online voting system allowing your district to cast your vote easily and securely. Electronic Ballots will be emailed to the main contact in your district June 5, 2023. All votes must be received through the system no later than 5:00 p.m. July 14, 2023. All selected CSDA Board Members will be introduced at the Annual Conference in Monterey, CA in August 2023.
• Northern Network Seat C Fred Ryness, Burney Water District*
• Sierra Network Seat C: Pete Kampa, Groveland Community Services District*
• Bay Area Network Seat C: Vacant
• Central Network Seat C: Steve Perez, GM, Rosamond Community Services District
• Coastal Network Seat C: Vince Ferrante, Moss Landing Harbor District*
• Southern Network Seat C: Arlene Schafer, Costa Mesa Sanitary District*
* = Incumbent is running for re-election
The CSDA Annual Awards showcase our members’ most valuable contributions to the communities they serve. The winners will be celebrated at the CSDA Annual Conference & Exhibitor Showcase, August 28-31, 2023, in Monterey.
The award categories are: Board Member of the Year
• General Manager of the Year
• Staff Member of the Year
• Ralph Heim Exceptional Outreach & Advocacy
• William Hollingsworth Award of Excellence Chapter of the Year
• Innovative Program/Project of the Year (Large and Small District categories)
• Exceptional Public Outreach & Advocacy (Large and Small District categories)
Excellence in Technology
https://qrco.DE/BDYJW6
Learn more and submit nominations at csda.net/awards by May 1, 2023. For questions, email awards@csda.net .
Educational articles and topic ideas from members are accepted all year long. Send to membership@csda.net for consideration in the California Special Districts magazine, CSDA eNews, the CSDA website, and on social media channels.
For editorial inquiries, contact CSDA Communications Specialist Vanessa Gonzales, at 877.924.2732 or vanessag@csda.net
For advertising inquiries, contact CSDA at 877.924.2732 or advertising@csda.net
California Special Districts Association 1112 I Street, Suite 200 Sacramento, CA 95814 toll-free: 877.924.2732 www.csda.net
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.
For districts that want to move away from the traditional “9-to-5”, the 9/80 work schedule is a popular alternative. The 9/80 is a two workweek schedule of eight 9-hour days, one 8-hour day, and one day off. While the 9/80 has its benefits, there are also a number of pitfalls that can inadvertently trigger overtime liability.
Benefit #1 – Employees Get a Day Off. Who doesn’t appreciate a day off?
The 9/80 schedule builds in one day off across the two workweek period and contributes to better work/life balance which, in turn, can improve morale. Employees will also spend less time commuting. Additionally, several studies have observed no loss in productivity in a four-day workweek.
Benefit #2 – Extended Service Hours. Since the 9/80 schedule has employees work eight 9-hour days every two weeks, this extends the daily hours employees are available to serve the public and run operations. Extended hours can better accommodate community members and their own work schedules.
Pitfall #1 – Not Designating the Workweek Properly.
Although employers are required to designate a defined workweek for non-exempt employees, they often fail to do so. The problem this creates is that employees will end up working 36 hours in the first workweek and 44 hours in the second workweek when
the employer uses a default workweek that starts and ends at midnight any day of the week. Thus, the employer will incur 4 hours of overtime liability. To avoid this, districts should designate the workweek to begin 4 hours into the employee’s 8-hour day and designate the day off as the same day of the week in the following week.
Pitfall #2 – Allowing Employees to Switch Their Day Off.
Employers should be cautious of employee requests to change their regular day off because moving it will likely cause the employer to incur overtime liability. For example, switching the “on-Friday” with the “off-Friday” will result in more hours being worked in one of the two workweeks. The best way to avoid this problem is to prohibit employees from changing their day off.
1.5 hours of overtime because the hours worked between 6:30 a.m. and noon would be in the first workweek of the 9/80 schedule. Employers can avoid overtime liability by not allowing employees to shift hours on their alternating work day.
Liebert Cassidy Whitmore Partner
Elizabeth T. Arce and Senior Counsel
Pitfall
When employees shift their hours or meal breaks on the alternating work day, this can trigger overtime. Because the workweek begins 4 hours into their 8-hour shift on their alternating work day, permitting an employee to work more or less hours before the 4-hour cutoff will result in overtime. For example, if an employee whose workweek starts at noon on Fridays (regular Friday hours are from 8:00 a.m. to 5:00 p.m.) comes to work early at 6:30 a.m. on Friday and works until 3:30 p.m., the employee would incur
Stephanie J. Lowe provide representation and legal counsel to public entities in employment law matters, with a specialization in wage and hour law. Liz, who serves as a member of the LCW Litigation Executive Committee, has successfully represented public employers in matters ranging from single plaintiff lawsuits to wage and hour class and collective actions. When she is not defending litigation matters, Liz supports LCW clients in auditing employer policies and practices for compliance with wage and hour laws. Stephanie’s practice focuses in large part on wage and hour matters. She regularly supports our public agency clientele by advising on and auditing wage and hour matters.
This holiday season, Rowland Water District (RWD) awarded 10 local teachers a total of $11,000 to provide innovative classroom education about the value of conservating water.
The Splash Cash program provides teachers up to $1,200 in funding for water-related activities, software, field trips, or classroom and remote learning supplies.
“With the state facing ongoing drought, educating students about water is more important now than ever before,” said RWD General Manager Tom Coleman. “The earlier we start having conversations about water resources and scarcity, the bigger an impact we can have on ensuring sustainable supplies for the future.”
This year’s Splash Cash recipients are Kelsey Anderson-Stanley, Nancy Buck, Richard Macedonio, Christine Miranda, Gilbert Navarro, and Gretchen Reynolds from Jellick
Elementary School, and David Buck, Briana Fuentes, Steve Feldman, and Candace Leuthold from Santana High School.
Teachers apply for the program by submitting project ideas for review. Projects must have clear goals and objectives and focus on the importance of water conservation.
“Splash Cash encourages teachers to step outside the box and bring the world of water to students in unique ways,” said Brittnie Gildea, Education and Community Outreach Coordinator. “Our region’s educators work hard to help motivate their students to get excited about water. Each of these projects are a fascinating and impressive endeavor.”
Splash Cash, funded by Rowland Water District, is offered in partnership with the Public Water Agencies Group (PWAG) Conservation and Education Team (CET). For more information, visit rwd.org or pwagcet.org/splash-cash.
Rowland Water District was formed 65 years ago to provide water service to 200 ranchers and farmers in a rural, agricultural community. Over the years, the District has evolved to meet the changing needs of a dynamic and rapidly growing customer base. Rowland Water currently delivers 14 million gallons of safe drinking water to about 58,000 people every day. The District maintains 150 miles of potable water pipeline and 25 miles of recycled water pipeline to serve 13,500 customer connections across 17.2 square miles in southeast Los Angeles County, including portions of Rowland Heights, Hacienda Heights, La Puente, and the cities of Industry and West Covina.
The CSDA Central Valley Chapter held it’s first membership meeting for 2023 on February 7th at the Clovis Veterans Memorial District. Directors and staff from eight special districts attended the meeting, along with representatives from LAFCO, Self Help Enterprises, and CSDA Business Affiliate SiteLogIQ. Staff from the offices of Senator Shannon Grove, Speaker Kevin McCarthy, and Assemblymember Jim Patterson provided attendees with updates about their legislator’s priorities and goals.
Rob Thompson was selected as the new General Manager for the Orange County Sanitation District. He assumed the role on February 10, replacing Jim D. Herberg who retired after a longstanding career with OC San. Herberg was with the district since 1986 and accepted the 2023 National Environmental Achievement Award from the National Association of Clean Water Agencies for Utility Leadership before retiring.
“Jim’s knowledge, passion, and genuine concern for doing the right thing for the environment, the public and OC San staff is reflected in his daily actions. This is a well-deserved award just as he ends his 30-year tenure at OC San,” stated OC San Board Chariman Chad Wanke.
Palmdale Water District Board of Directors announced Don Wilson as the new district President beginning January 23, 2023. “I am very humbled and honored that my fellow Board members elected me to this leadership role,” said President Wilson, a retired sales rep who represents Division 2. “I look forward to continuing to work cohesively for the betterment of our customers and staff.” The Vice President position went to Director Scott Kellerman of Division 1. Filling the remaining positions are Director Kathy Mac Laren- Gomez as Treasurer, Director Vincent Dino as Secretary and Director Gloria Dizmang as Assistant Secretary. The assignments expire in January 2025.
For the first time in its 63-year history, the Upper San Gabriel Valley Municipal Water District (Upper District) will be led by a woman president following the Board of Directors’ annual board reorganization. Director Jennifer Santana was nominated by outgoing President Ed Chavez and was unanimously approved by the board. “It’s an honor to serve the board in this capacity,” Board President Jennifer Santana said. “I recognize the significance of my appointment not only as a defining moment for women in water, but also for the critical time we find ourselves in today as we battle the effects of climate change.”
The Vallecitos Water District received two awards from the San Diego Press Club for Excellence in Journalism awards. The district received a first place award for Community Service Public Affairs Report in Television/Online Videowith Mayor Rebecca Jones of the City of San Marcos for Imagine a Day Without Water and second place for editing for “Television/Online Video: Video Editing” for its WaterSmart Landscape Contest.
While energy and infrastructure upgrades reduce overhead costs, limited budgets and conflicting priorities can restrict spending that doesn’t immediately impact frontline services. Centrica Business Solutions deploys flexible contracting options that enable special districts to maintain budget neutrality while implementing needed upgrades.
Requires
Uses
Contact: Dan Mitchell
Email: dan.mitchell@centrica.com
Phone: 949-842-6150
Download
CSDA held the first Special District Leadership Academy conference of 2023 in La Quinta for special district board members and general managers seeking to expand their knowledge of the board's role in governance, human resources, direction setting and fiscal responsibility.
The Academy will move north to allow board members and general managers to access this important curriculum. Join us at the Hyatt Regency Sonoma Wine Country, October 22-25. Registration is open!
https://sdla.csda.net/home
Water stewardship and California go hand-in-hand. Learn how these districts have leveraged state, federal and private partnerships to guide water culture in their arid region.
By Kristin Withrow, CSDA Communications SpecialistThe Bureau of Reclamation kicked off 2023 with an announcement of $7 million in investment funding from President Biden’s Bipartisan Infrastructure Law that has been distributed across 82 small-scale water efficiency projects in the western United States. The grants support local community projects, including measuring water flow, water delivery and canal efficiency. One component of the funding is the innovative WaterSMART program supporting the planning and implementation of investments to increase water supply through modernization of existing infrastructure and avoidance of potential water conflicts.
Two CSDA members were on the recipient list for funding from the program. Western Municipal Water District and Desert Water Agency each received $100,000 for projects they submitted to the grant program for consideration. While the projects vary
in scope, both serve as models for the type of projects being carried out by special districts throughout the state to guide their customers in a culture shift toward the conservative use of water in California.
“Western Water,” as the district refers to itself, is one of the largest public agencies in Riverside County providing water, wastewater (sewer), and recycled water services to nearly 1 million people, both wholesale and retail customers, across 527-square miles in western Riverside County.
They received the WaterSMART grant for an ambitious overhaul of the March Field Air Museum landscaping that will showcase the many water efficient landscape designs Western Water highlights in their Landscapes with Style guide. The popular guide
includes seven designs of native and drought-tolerant landscape styles, from “Hummingbird” to “Flowery” and even a “Tasty” style, beautifully illustrated with “plant by numbers” layouts to help homeowners determine plant groupings for aesthetic appeal.
“Many people hear drought tolerant landscape and think lots of rock hardscape and a very brown look. Western’s goal is to showcase the variety of flowers and plants that can be used in drought-tolerant spaces,” said Customer Experience Manager Michelle Adams. “Our Landscapes with Style guide offers ways for home and business owners to bring personality and beauty to their landscape while still being conservative with their water usage. Western Water has a robust community education and outreach program to encourage customers to adopt water-efficient habits, including
replacing thirsty landscapes with drought-tolerant plants. As a Western Water customer, March Field Air Museum contacted Western Water for support in a large-scale landscape upgrade. Western Water took the opportunity to partner with the museum to showcase its Landscapes with Style.
“This was an opportunity for Western Water to demonstrate regional leadership in the garden transformation space,” said General Manager Craig Miller. “Partnering with the March Field Air Museum exemplifies what we can do as a region when we work alongside our nonprofit and business communities to design a showcase where the public can come and see what water-wise landscaping can look like.”
The WaterSMART grant request was approved for $100,000, which will offset part of the project’s cost. The program is designed to cover up to 50% of the total project application cost, with a maximum grant allocation of $100,000, and is available for projects that are $250,000 or less.
The March Field Air Museum project is still in the design phase, with the final step of board approval to come soon.
Western Water and the March Field
Air Museum hope to break ground on the project in the fall.
Desert Water Agency (DWA) was founded as a groundwater agency in the western Coachella Valley serving Palm Springs and Cathedral City in 1961 and is one of 29 state water contractors in California. The distinction allows them to import water to recharge the groundwater basin beneath the Sonoran Desert. They provide water and conservation resources to approximately 72,000 people at 23,000 domestic water connections.
DWA began emphasizing a grass replacement model for water conservation in 2014. Over the years the need to conserve water has been reinforced as ongoing drought positively influenced the adoption of non-lawn landscape designs by homeowners, homeowner associations and commercial property owners.
As funding allowed, they moved from an initial “front yard only” model to less restrictive rules that enable customers to use the incentive for any turf removal without square footage
caps or visibility requirements. As the rebates have improved the number of homeowners expressing interest has grown. “Even realtors are telling us that property values are better because it’s easier to sell homes with low maintenance landscapes,” said Desert Water Agency spokesperson Ashley Metzger.
Partnering with the state and federal government for grant funding has allowed them to expand the program. In 2023, the city of Palm Springs has joined the effort in a partnership that allowed Desert Water to double their offered incentive of $3 per square foot to $6 per square foot of turf replaced, and in some cases (for low-income customers) as much as $8 per square foot. This year, the agency has budgeted $3.65 million for the program which shows no sign of slowing down.
Both of these water providers, operating in arid inland Southern California recognize the critical importance of water conservation education for the residents in the area. Water providers is a broad term that can include water districts, irrigation districts and water agencies. While each has a slightly different directive, they all agree that water is a critical, finite resource that must be managed to provide equitable access with emphasis on water stewardship at every point to respect the limitations and challenges of populations living in low-water, high-heat, low precipitation environments.
For more information about the SWEP programs, visit the Bureau of Reclamation website at www.usbr.gov/watersmart
I am truly honored to be named Legislator of the Year by the California Special Districts Association (CSDA),” said Senator Laird. “Having worked with special districts throughout my entire career of public service in local government, the Assembly, the Governor’s Cabinet, and now as a Senator, I know firsthand the value they bring to their local communities in essential services.
Senator John LairdSpecial districts in San Luis Obispo County and across the state recognized Senator John Laird (SD-17) as their Legislator of the Year at an event held at the South Bay Community Center in Los Osos featuring local and state leaders from throughout the region. The recognition is awarded annually by California Special Districts Association (CSDA) and was presented at the San Luis Obispo County Chapter of the California Special Districts Association General Meeting in January. Newly elected Assemblymember Dawn Addis joined the Senator during the event, and the two legislators engaged in a robust discussion of regional priorities and concerns with leaders from local special districts from throughout San Luis Obispo County.
Senator Laird was honored for his steadfast support for the local service specialists responsible for providing water, sanitation, fire protection, parks, healthcare and other essential services and infrastructure to communities throughout California.
“We are so fortunate to have an engaged and effective representative in the State Legislature like Senator Laird,” stated CSDA Board President Elaine Magner. “His background in local government brings a perspective that recognizes the importance of special districts and the essential services they provide.”
Since taking office, Senator Laird and his staff have frequently and meaningfully engaged with CSDA and with special districts throughout his Senate district. From in-person roundtables, to speaking at CSDA chapter meetings, to visiting numerous districts individually throughout Senate District 17, the Senator’s office has made extraordinary efforts to interact with special districts and understand their needs and concerns.
“By giving targeted tools to those most familiar with providing those services, we can best serve the people of California. I very firmly believe that expertise and onthe-ground knowledge are the only way to address broad, societal challenges,” remarked Senator Laird.
As Chair of the Senate Climate Working Group, the Senator invited CSDA to present positions and thoughts on climate change legislation and budget actions to the group of Senators. In recognition of the extensive reach of special districts making them uniquely suited in facilitating proactive climate adaptation measures, Senator Laird said, “because special districts provide highly targeted services, mitigating climate impacts can easily be integrated into the services that are provided.”
“I am truly honored to be named Legislator of the Year by the California Special Districts Association (CSDA),” said Senator Laird. “Having worked with special districts throughout my entire career of public service in local government, the Assembly, the Governor’s Cabinet, and now as a Senator, I know firsthand the value they bring to their local communities in essential services. In a district with numerous special districts, I have had the pleasure to work with many of them and partner with CSDA. I am particularly proud to author SB 418 to create the Pajaro Valley Health Care District that met an urgent need for an underserved community by saving the local hospital. I look forward to continuing to work with CSDA and my special districts.”
Senator Laird’s office encourages special districts to reach out to the legislative offices that serve their area, noting that many state legislators have an understanding of local government in the context of county and city governments, but it should not be assumed they understand special districts’ unique powers and also limitations.
With nearly one-third of the incoming State Legislature new to their roles, it is a great time for district leaders to follow Senator Laird’s advice and reach out to their legislative representatives to include them in briefings, tours, demonstrations and public outreach. CSDA has a “Take Action” guide to help special district leaders learn ways to engage with legislators available for members on our website at https://www.csda.net/advocate/take-action
In addition, Special Districts Legislative Days, May 16-17, is an annual event hosted by CSDA to provide opportunities for all types of special districts to come together to explore issues such as revenue, governance, labor and public works. The event has a legislative focus and has featured keynote addresses in the past from the California’s State Controller, State Treasurer, Secretary of State, Secretary of Natural Resources, Director of the Office of Emergency Services, State Auditor, Legislative Analyst, and Director of Finance.
When you’re putting your district out there on social media, you have to be ready for a certain amount of public complaints. Not everyone will love you, and that’s ok! So how do you handle negative, offensive, or rude comments on Facebook?
When your district gets a negative comment,
• Respond respectfully once or twice… then stop.
• Ask them to come to speak to the district directly, or call.
• Report abusive behavior.
• As a last resort, you can block a user on Facebook, but be cautious as it could get you in trouble.
When your district gets comments that are offensive, is it better to hide them, or delete them altogether?
Hiding is worse. When a comment is hidden, no notification is sent to the person who posted the comment. On Facebook, the commenter, and his or her friends, can still view the comment. They can even continue the conversation by replying, without knowing that the comment is no longer public on your page.
If you need to delete an offensive comment per your district’s social media policies, make sure to document it before deleting it.
At Streamline, we always recommend a thorough social media policy to fall back on, it will save you time, money, and a lot of headaches.
“It is not the critic who counts: not the man who points out how the strong man stumbles or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again, because there is no effort without error or shortcoming, but who knows the great enthusiasms, the great devotions, who spends himself for a worthy cause; who, at the best, knows, in the end, the triumph of high achievement, and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat.”
Theodore Roosevelt, Citizenship in a Republic; Sorbonne, Paris, April 23, 1910
Many who have taken an oath of office, stepped to the dais to face varied issues can relate to the famous and impactful words of Theodore Roosevelt in his Citizenship in a Republic speech. I have told many colleagues over the years that something in us changes when we first sit on a dais, representing those beyond our own opinion. Whether it be on a high semi-circular dais or a fold-out table, suddenly our decisions are public and affect thousands.
As elected or appointed officials, we serve a known and specific mission in special districts. For some, the mission is broad in nature, for others, quite specific. Serving, protecting, and advancing that mission is the role that is handed to us from the public. The full role is performed by a decision body, not individuals, with careful and logical design. As a board of directors, we are likely to make hundreds of decisions together; how we perform should not be left to evolve, but instead be designed. The mission is strengthened by the breadth of perspective we represent. Defining the decision-making culture shapes our effectiveness as a board.
It serves the public for a board to work well together. In my 34 years serving numerous boards, I’ve realized it doesn’t take long to recognize a board’s culture. All boards will naturally develop a rhythm, norms, and characteristics. Whether deliberate or not, the culture takes shape. It is best practice to design a culture with deliberate consideration to high performance, rather than to let culture simply evolve. The best boards recognize their performance is directly proportional to their ability to work together. Therefore, they deliberately develop and adhere to a board culture statement.
To develop a board culture statement, consider the following:
• Discuss the need for such a statement. Discussion leads to the public agenda, which leads to action.
• Deliberately study the mission statement of the agency you serve. Does it fully describe why the district exists? Does it define the lanes within which the Board focuses? The mission statement should be the first consideration for decision making. The district and its board should
find roots in the mission statement. Consider changing the mission statement if that is not true.
• To provide a foundation for your culture statement, state what you stand for. Hint: The answer is in the mission statement! For instance, “We, as a Board of Directors, commit ourselves to protect and advance the mission of the district.”
• Articulate how you intend to work together. Consider the team nature of your decision-making, and how teams that work with a common intention win. For instance, “As a deliberative public body, we will work together effectively for the advancement of the district’s mission. We will be known for civil and open debate and discourse on all matters. We will respect the public, even in disagreement, respect each other, and respect our staff. We commit ourselves to put the mission of the district first for all those we serve.”
A board culture statement should not adopt someone else’s words. A major benefit of developing one is the time the board spends together to create one. The result should be a culture statement your board believes in and seriously intends to maintain. Many boards read the culture statement before each board meeting. While this may seem like an administrative soft task, adopting and reinforcing a collectively developed statement is powerful. A board culture statement will clearly show that as community leaders you focus on working hard together to serve the mission with which you’ve been charged. It is a clear statement that you are strong, mature leaders who have climbed into the arena and devoted yourselves to the agency.
Brent Ives is the owner of BHI Management Consulting. For 26 years, BHI has been dedicated to special district governance, leadership, and organizational health. Brent served the City of Tracy, CA as Park and Recreation, Planning commissioner (6 years), Council Member (14 years) and directly elected Mayor (8 years). Brent has consulted, coached and trained hundreds of districts and cities in California and served on the initial CSDA Leadership Academy. He is the author of 52 Ways to be a Better Board, and offers weekly online training through his website, www.GoodBoardWork.com.
The amazing cooling power of trees is being explored in the Inland Empire to bring relief.
By Kristin Withrow, CSDA Communications Specialist
Anyone who has felt the difference between standing on a natural surface in the shade of a tree or standing in the blazing sun on an asphalt parking lot can understand the concept of a “heat island.” What you may not realize is the large-scale, lasting effect of these significantly elevated temperatures in areas dominated by both impervious (impenetrable by water) surfaces including asphalt and concrete, and porous but still heatcapturing surfaces like black mulch and artificial lawns.
In general, unshaded pavement can be more than 60 degrees Fahrenheit hotter than shaded pavement. However, in desert areas already subjected to elevated temperatures, these growing heat islands have been shown to cause extreme increases in temperatures when compared with vegetated areas wholly or partially covered with tree canopy. Research conducted in the Redlands area and the Coachella Valley in the summers of 2021 and 2022 by
University of California Agriculture and Natural Resources (UC ANR)
Environmental Horticulture Advisor Janet Hartin demonstrated the astounding significance of this range in temperature. Data taken during the late afternoon in late Spring and Summer with an infrared thermometer indicate that unshaded black asphalt, dyed mulches, and artificial lawns attain surface temperatures of up to 160 degrees in Redlands and up to 170 degrees in Palm Springs. Temperatures of living groundcover and asphalt shaded by trees reached a “relatively cool” 95 and 104 degrees
in these two cities, respectively. The staggering difference in temperature was not only shocking given proximity of shaded and unshaded testing sites, but concerning due to their contribution to concentrated heat and impact on human health and the surrounding environment.
The ramifications for increased heat go beyond personal discomfort. For sensitive populations, including seniors and young children, those who have limited access to air conditioning and people who work outside, adding even a few degrees to the natural heat of summer can
increase risk of heat-related illnesses. Elevated heat increases the drain on the energy grid as people lean on their air conditioners for relief, which can result in rolling power outages as utilities attempt to manage overall grid demand.
Inland Empire Resource Conservation District (IERCD) is working with partners to bring some relief to the heat island conditions in their focus area that include large areas of San Bernardino and part of Riverside Counties. IERCD is focused on open space preservation, wildland rehabilitation and education and outreach to the residents within the nearly 1,300 square miles they cover. Heat islands pose a new angle for conservation education – how to include natural materials in urban zones to mitigate the heat bubbles forming over population centers. One solution: trees.
The district’s interest and success in enhancing tree canopy cover
in low-shade, often underserved communities, was spawned through a partnership with UC ANR and Hartin, co-lead on a Climate-Ready Tree project at UC Riverside between UC ANR and the USDA Forest Service. The study is assessing performance of multiple species of under-planted, but promising, climate-resilient shade trees currently growing well in warmer climates than the study site. CalAdapt climate change models were used to predict weather-related changes the trees must withstand over the next several decades due to climate change. The purpose of the project is to identify a range of trees that can thrive in elevated temperatures, drought, and pests and diseases. These conditions will all be heightened unless actions aren’t taken to turn things around in an already hot Inland Empire. Fortunately, all but one of the twelve tree species is thriving with no irrigation since March 2020.
“The partnership enabled by IERCD with our UC ANR team has resulted in opportunities not otherwise available to us that ensure future generations have cooler living green spaces. IERCD has been a great partner to provide education and outreach to communities that benefit from increased tree canopy for heat island mitigation,” said Hartin. “This is one of the few research projects that has resulted in a quick ‘shovel ready’ turnaround, with over 700 trees already in the ground. The UC Cooperative Extension Master Gardener volunteers in San Bernardino County have helped ensure that education on tree care in English and Spanish is provided to everyone receiving a free tree, which helps trees reach their maximum potential to provide these valuable ecosystem and societal benefits.”
Together, the UC ANR and IERCD teams have worked to transition the results of the Climate-Ready
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Tree Study into positive community action. Beginning in the Spring of 2021, the “Trees for Tomorrow” program sought community members and municipal partners interested in receiving and pledging to care for one or more climate-ready trees. Installation was completed by Climate Action Corps fellows hosted by IERCD and supported by a state-provided stipend to support their work on elevating local urban forest function and size. Trees planted on community member properties, and in a park in north Redlands, received direct technical assistance from University of California Cooperative Extension (UCCE) Master Gardener volunteers to empower city employees and community members to provide effective long-term tree care.
Historically, tree distribution and planting programs have struggled due to lack of available support for recipients in ensuring effective initial establishment and long-term health of trees. Often, tree care-related errors are entirely preventable as they are connected to problematic planting location, over or under-watering, or drastic or ill-timed pruning, all of which can be remedied with information and resources. Trees for Tomorrow sought to address this deficiency through connecting program participants to Master Gardener mentors, individuals who have completed an 18-week multi-topic training regimen followed by 50 hours of post-training volunteer work. This statewide program, run on a county basis by UC Cooperative Extension, results in well-informed Master Gardener volunteers able to provide free, bilingual community support on a variety of topics including tree planting and care. Master Gardener mentors are available via email, phone, and where allowed, site visit, to troubleshoot issues and provide recommendations. Their presence in the program has been effective in everything from initial species selection to follow up care instructions and tree health issue resolution.
“IERCD has partnered for more than eight years with Hartin and her team of professionals and volunteers working to increase urban tree canopy and community engagement throughout the Inland Empire,” said Parkes. “What started as a partnership on small workshops has turned into a high-functioning multi-partner collaboration connecting community members to information and resources on climate-ready fruit and shade trees. What truly works about Trees for Tomorrow is the addition of highly effective free Master Gardener technical assistance
to help each tree recipient provide the most effective care to result in long-term tree health and benefits.”
Implementation of Trees for Tomorrow was done on a smaller scale in its first year and a much larger scale in its second year. In 2021, 71 trees were planted; in the following year, the program was expanded and altered to include both planting and large-scale climate-ready tree giveaways alongside resources and direct assistance from Master Gardeners. In the second year of facilitation, Trees for Tomorrow resulted in 178 trees planted on properties of community-serving organizations in San Bernardino, as well as 536 trees distributed at 16 community events in Redlands, San Bernardino, and Highland.
Increasing the tree population, and, therefore the tree canopy cover in urban areas, also filters pollutants from air and water, reduces water runoff and soil erosion, decreases energy use and related costs, supports and expands habitat, provides wind breaks, and has even been found to improve mental health. “It’s a win-win for everyone resulting in healthier communities and ecosystems, “said Hartin.
The Brown Act, California’s open meeting law, generally requires that all meetings of governmental agencies be open and public. The Brown Act, which applies to special districts, imposes many requirements to achieve its underlying purpose of allowing the public to be aware of and participate in local government decision making.1
The Brown Act recognizes, however, that the nature of some discussions and deliberations requires that governmental agencies be permitted to meet in private “closed sessions”. Examples include decisions about employee evaluations, appointments and discipline, labor negotiations, litigation and related settlements, and, as relevant here, negotiations for the purchase or sale of real property.2 Courts and the California Attorney General have recognized the need for such confidential matters to be discussed in private, without the public.3
However, the Courts and the AG have been equally clear that closed sessions must be carefully scheduled and noticed in accordance with the Brown Act’s agenda requirements.4 Moreover, with specific regard to real property negotiations, closed session discussions are strictly limited to discussions about “price and terms of payment.” This article explores four Brown Act issues agencies must consider carefully when deciding to meet in closed session to discuss a potential real property transaction.
Although most real property negotiations are conducted by staff, with direction by the district board, some districts may wish to consider creating a separate negotiating “team”, or appointing one or more board members to assist staff with the negotiations. However, because certain actions that have the effect of “creating” a new body can trigger new Brown Act compliance obligations, with attendant litigation risks, districts should first consult with counsel to determine whether such decisions will implicate the Brown Act.5
The Brown Act has two main provisions that relate to the agenda description for real property negotiation closed sessions. First, the Brown Act requires that agendas must contain a “brief general description” of each agenda item, which “generally need not exceed 20 words.”6 In addition, the Brown Act contains what is known as a “safe harbor” provision that specifies language for agencies to use to describe closed sessions, and creates immunity from Brown Act liability for agencies that use the safe harbor language.7
For real property negotiation closed sessions the “safe harbor” language is as follows:
Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation)
Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.)
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both)
Although no appellate decision has as yet embraced this argument, open government advocates have asserted in litigation that the safe harbor language requires agencies to carefully specify each and every individual member of both parties’ negotiating “teams”. Advocates have also argued that agencies must specify the exact kind of transaction to be discussed, namely, a sale versus a lease.
The Brown Act’s provision that allows real property negotiation closed sessions is more narrowly written than its provisions for various other closed sessions. It authorizes such closed sessions for the limited purpose of giving direction to the agency’s negotiators regarding
“price and terms of payment”. California courts have held that this authorization is to be narrowly applied, and that it does not broadly authorize discussions about other issues that might be related to a property or project that is the subject of a real property transaction under consideration, such as design work, infrastructure, traffic, parking, EIR issues, and naming rights.8
The California Attorney General has provided further guidance, and has opined that “price and terms of payment” “must allow a public agency to consider the range of possibilities,” including “[i]nformation designed to assist the agency in determining the value of the property in question, such as the sales or rental figures for comparable properties, … because that information is often essential to the process of arriving at a negotiating price”, and that the term “price” “must be understood as the amount of consideration given or sought in exchange for the real property rights that are at stake.”9
The Brown Act expressly states that a meeting between agency staff and individual board members “in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency…” are not subject to the Brown Act. However, such individual meetings are only exempt “if that person does not communicate to members of the legislative body the comments or position of any other member or
continued on page 30...
members of the legislative body.”10 Open government advocates scrutinize these individual briefings closely, and irrespective of such scrutiny agencies should always ensure that authorized individual briefings do not turn into illegal serial meetings.
Finally, although the Brown Act allows agencies to take actions, including to buy and sell real property, on relatively short notice—72 hours for regular meetings and 24 hours for special meetings, and also imposes little
1 The purpose of the Brown Act is elegantly stated in the opening declaration:
in the way of what materials an agency must provide in staff reports and at meetings, the Brown Act constitutes a minimum, not a maximum.11
In litigation, courts are impressed when agencies exceed the Brown Act’s minimum notice and information requirements by providing all the deal points, including the draft agreement itself, well beyond the minimum 72 hours in advance of the public meeting. Agencies should bear in mind that decisions to sell, purchase or lease major public assets generate strong feelings, and close public scrutiny. In defending litigation challenging such decisions, agencies put themselves in a stronger position when they can demonstrate that they have surpassed the Brown Act’s minimum transparency requirements.
“In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.”
Gov. Code § 54950; see generally CSDA, Brown Act Compliance Manual for Special Districts (2016).
2 Gov. Code § 54957 (employee appointment/discipline); 5495.6 (labor negotiations); 54956.9 (pending litigation); 54956.8 (real property negotiations).
3 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 331:
“The need for [closed] sessions... is obvious. No purchase would ever be made for less than the maximum amount the public body would pay if the public (including the seller) could attend the session at which that maximum was set, and the same is true for minimum sale prices and lease terms and the like.”
See also Roberts v. City of Palmdale (1993) 5 Cal.4th 363, 380; Sacramento Newspaper Guild v. Sacramento County Bd. of Supervisors (1968) 263 Cal.App.2d 41, 56.)
4 Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904, 923-924; 94 Ops. Cal. Atty. Gen. 82 and 93 Ops. Cal. Atty. Gen. 51.
5 Gov. Code § 54952 (A “legislative body” subject to the Brown Act includes “a commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.”); Epstein v. Hollywood Entertainment Dist. II Business Improvement Dist. (2001) 87 Cal.App.4th 862; McKee v. Los Angeles IMPACT (2005) 134 Cal.App.4th 354; Joiner v. City of Sebastopol (1981) 25 Cal.App.3d 799; Frazer v. Dixon Unified School Distr. (1993) 18 Cal.App.4th 781. However, compare Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1128-1129 (designating a mayor to work in conjunction with the city manager to negotiate with a third party subject to city council approval did not “create” a separate body subject to the Brown Act.
6 Gov. Code § 54954.2.
7 Gov. Code § 54954.5. Under the “safe harbor,” “[n]o legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format.”
8 Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904, 923-924; 94 Ops. Cal. Atty. Gen. 82 and 93 Ops. Cal. Atty. Gen. 51.
9 94 Ops. Cal. Atty. Gen. 82, at pp. *3, *5-6.
10 Gov. Code§ 54952.2(b)(2).
11 Gov. Code § 54953.7: “Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter.”
For more than 80 years, we have partnered with public, private and government agencies in California to help their communities thrive.
California Special Districts Association is a founding member of the National Special Districts Coalition (NSDC). Founded for the purpose of expanding the federal legislature’s knowledge of the operation and mission of special districts across the United States, NSDC’s membership was founded with five core regular member states (California, Colorado, Oregon, Florida, and Utah) and has since expanded to include South Carolina and Wyoming as well as two states represented by association members (Washington and Texas). The expansion of NSDC is reflective of the recognized need to help legislators understand the critical role that special districts play in local government, as well as the challenges that arise by omission of special districts in legislation and funding.
In the Fall of 2022, members of the NSDC Board of Directors initiated a Washington D.C. “Fly-In” to introduce the Coalition to legislators and begin to form a presence at the nation’s capitol. Building on that initial introduction, NSDC partners are planning a follow up event April 17-20. These Fly-In events promote expanded awareness of the Coalition’s key focus areas for 2023: (1) Promoting the formal adoption of a national definition of special districts for legislative purposes, and (2) highlighting the gaps in funding between water infrastructure and the need for water for fire suppression.
NSDC has identified the need for a formally adopted definition of special districts by the federal legislature to enable legislators to more accurately understand special district contributions integral to local government operations, and to allow legislation to specifically include special districts when warranted. Essentially, special districts have occasionally been left out of needed funding simply because there is not a formal definition available to
include them. For example, a legislative body may pass a resolution resulting in funding for national infrastructure (say, upgrading aging water infrastructure) believing that money will flow to water agencies that fall within the defined need (in this example, those with infrastructure more than 50 years old). The bill may be intended to provide funding based on infrastructure needs, but the result may be that many water, irrigation and flood control districts are not included in the funding because they are not operated by a city. The funds will be delivered to city operated water, irrigation and flood control districts, but those operated as independent special districts may not be recognized. The formal definition of special districts would therefore allow legislators to specifically include such districts, along with agencies run by cities, rather than inadvertently omitting them due to a lack of definition within the law.
NSDC’s second most prominent platform goal is to build awareness of the gap in funding for water infrastructure specifically needed for the purpose of firefighting. There are many instances where funding may be available to improve aging water infrastructure, or expand it to accommodate population expansion; however, when that water need is for purposes of providing adequate water flow, hydrant placement and other needs specific to fire suppression, the funding does not allow for it. NSDC’s platform seeks to bring awareness to this gap in funding, specifically in the western United States, to initiate the changes needed to provide thorough fire suppression infrastructure particularly in rural communities and wildland urban interface areas.
To follow the National Special District Coalition’s efforts, visit nationalspecialdistricts.org.
The Secretary of State of California publishes a Statewide Initiative Guide to provide an understanding of the procedures and requirements for preparing and circulating initiatives, filing sections of the petition, and describing the procedure for verifying signatures on the petition. The guide can be located by searching California Secretary of State Statewide Initiative Guide 2024.
Based on our understanding of the guide and our experience helping public entities with initiative campaigns, attorneys at Meyers Nave prepared the following list of Do’s and Don’ts for special district employees and elected officials who are involved in initiative campaigns. The list is not intended to serve as legal advice or counsel. Please contact Meyers Nave Principal Richard Pio Roda for further assistance (rpioroda@meyersnave.com or 800.464.3559).
Do provide objective, factual information about the measure.
Do make informational presentations to community organizations and stakeholders about the district's needs during any time of the day, using legally approved information, upon request.
Do answer questions from residents and provide factual information, including directing constituents to official district documents.
On-Demand Webinar: https://qrco.de/bdlwnO
Do refer constituents to the district website as needed for factual information about the measure or the district.
IF considering participation in partisan activities, do so only during non-working hours (when off-duty) using non-district equipment (personal phones/personal fax machines/personal computers and email). Make it clear that public resources did not fund any such activities or materials.
Do not use district resources of any nature, such as district facilities, district money, time while working in or for the district, district vehicles, district computers or email addresses, district phones, district fax machines, supplies or copies for advocacy efforts (e.g. encouraging others to support or oppose a ballot measure).
Do not wear district uniforms, equipment, or garb when engaging in partisan activities. Do NOT say that you are “representing” the district in a partisan position.
Do not require or request that colleagues participate in a partisan campaign during district work time or when representing the district.
Do no urge passage or defeat of ANY ballot measure during work hours or at the district's expense.
• Ensure your district has adopted a policy governing the process for adopting positions on legislation (download a sample policy at csda.net/take-action).
• Attend Special Districts Legislative Days in Sacramento in May.
When the clock struck midnight on December 31, 2022, the world of workers’ compensation changed as it does almost every New Years’ Eve – new temporary total disability minimum and maximums became effective, new reimbursement rates for mileage, and a swarm of new laws crafted in Sacramento went into effect. But one in particular seemed to alter the landscape for a small section of California’s employers: SB 1127.
The number of the bill doesn’t tell one much, but reading the language of the law should set off a series of alarm bells for every employer, and for anyone in the workers’ compensation claims world. Read on to see what new landmines await in the world of 2023.
The new law was signed by Governor Newsom on September 29, 2022, and as all non-emergency legislation in California, was set to take effect January 1, 2023. The key effect of the law is as follows:
1. increasing maximum temporary disability benefits from 104 weeks to 240 weeks for firefighter and peace officer cancer presumption cases;
2. reducing investigation periods for firefighter, peace officer, department of corrections, etc., presumption cases from 90 days to 75 days;
3. imposing a penalty of up to $50,000 for cases “when liability has been unreasonably rejected” for various presumption cases, including COVID19 presumptions, for all dates of injury.
We will likely have to wait some time, easily a year, before we get any firm guidance from the WCAB on the application of these three provisions, but the demands of claims handling and workers’ compensation litigation will not let us wait that long, so here are some suggestions for handling these claims and setting appropriate reserves.
Regarding temporary disability benefits, the only substantive change in SB 1127 appears to be the weeks of temporary disability benefits available – from 104 weeks to 240 weeks. But one thing to keep in mind is that an employee that qualifies for the presumption found in Labor Code section 3212.1, will likely qualify for salary continuation under Labor Code section 4850.
In 2013, the California Court of Appeal issued its published decision in the Knittel case (County of Alameda v. WCAB (2013) (213 Cal.App.4th 278)) where it ruled that salary continuation under Labor Code section 4850 counts towards the temporary disability maximum number of weeks under Labor Code section 4656.
Absent any controlling guidance to the contrary, that same legal finding should apply to 4656 even after SB 1127. In short, after a year of salary continuation, the qualified applicant should be entitled to no more than 188 weeks of temporary disability benefits (240 under Labor Code section 4656(d) less 52 weeks of salary continuation on Labor Code section 4850).
For special presumption cases involving the usual class of employees: police, firefighters, corrections officers, etc., employers now have 15 fewer days to investigate claims and issue a denial. This is particularly challenging as 75 days is typically inadequate for obtaining a qualified medical
evaluation (QME) or agreed medical evaluation (AME) report.
The typical panel process in represented cases takes 15 days from the issuance of a request for a medlegal examination to obtain a panel, 60-90 days to have the evaluation, and another 30 days to obtain the report, assuming the remaining QME from the first panel is timely and a replacement is not required.
This also means that in order for an employer to timely deny a presumption case, evidence other than a med-legal will be needed, such as a deposition and subpoenaing records. Assuming the applicant would otherwise qualify for the presumption, the burden of proof shifts to the defendant, and now the defendant has 15 days fewer in which to investigate and mount a defense, a task made even more difficult by the restrictions on discovery imposed by the Labor Code through the med-legal process of Labor Code section 4062.1 and 4062.2. This shortened timeline calls for a prompt and diligent factual investigation, including a referral for social media and past claims, releases of medical information and the related subpoena of records, and a deposition. After all, Labor Code section 4663(d) imposes upon an employee a duty upon request, to disclose all previous permanent disabilities or physical impairments.
For “unreasonable” rejection of liability, or a denial of the claim, SB 1127 would impose penalties of up to $50,000, calculated at “five times the continued on page 37...
When your team and ours all pull together, you get the sure-footed stability you need to proceed with confidence. As an extension of your staff, we are always at the sidelines delivering service and expertise. For everything from Workers’ Compensation and Property/Liability coverages to Health Benefits options available throughout California, we are here to keep you going strong. For more information, visit sdrma.org.
amount of the benefits unreasonably delayed due to the rejection of liability.” The new Labor Code section 5414.3 requires reporting these penalties to the Audit Unit of the Division of Workers’ Compensation and applies to all dates of injury, even those pre-dating enactment of the law.
On which cases does this apply? The new Labor Code section 5414.3 applies to injuries as defined in Labor Code section 3212 to 3213.2, inclusively. Aside from traditional presumption cases for police, firefighter, and similar claims, this includes the COVID19 presumption claims originally enacted as part of SB 1159 for police, fighters, hospital employees, and others, as well as any employee who claims COVID19 during an “outbreak” scenario as defined by Labor Code section 3212.87.
Of course, when read with the presumption laws and the new reduced investigation period, the pressure becomes immense to accept these claims without mounting a defense, as there is almost no time in which to properly investigate the claim, and denial of the claim exposes the employer to up to $50,000 in penalties and a referral to the audit unit.
There is another effect of this new penalty that is not written into the law but is all too familiar to claims adjusters and defense attorneys: Whether a rejection of liability was reasonable or unreasonable is a question of fact to be determined by
the workers’ compensation judge, which signals to applicant attorneys the opportunity to depose the adjuster and possibly even have the adjuster testify in person at a trial on the issue. Claims adjusters don’t spend their hours staring out a window or playing Solitaire at work – ask any workers’ compensation claims adjuster and you will hear about the high volume and labor intensive arena that redefines the concept of “fast-based work environment.” What effect does a day out of the office to testify at deposition, and perhaps a second day out of the office to testify at trial have on such a case load? The result is devastating and puts yet further pressure on employers to accept claims, not because of their merit, but because of the high stakes made higher by SB 1127 in rejecting them.
As we navigate 2023 and attempt to keep yet another ball in the air as part of this juggling act, we would all be well served by keeping SB 1127 in mind and adding the following screening questions to our claim intake:
1. What is the occupation of the claimant? Is there a Labor Code section between 3212 and 3213.2 which applies to this claimant?
2. Does Labor Code section 3212.1 apply to this claim? If so, are temporary disability reserves adequate in light of the potential for up to 240 week of temporary disability benefits?
3. What is the appropriate decision date for this claim (90 days vs. 75 days) based on the employee’s occupation and alleged injury/ condition?
4. Prior to making a denial, is there a “reasonable” basis to do so, contemplated in context of having found evidence that has a reasonable probability of defeating the applicable presumptions on compensability?
5. Are the answers to questions 1-4 thoroughly documented in the claims file, with supporting evidence attached?
6. If there is even the slightest doubt as the answers of questions 1-5 above, get a defense attorney involved as soon as possible!
Gregory Grinberg, Esq. is the Managing Partner of Gale, Sutow & Associates SF Bay South Office. Mr. Grinberg exclusively practices Workers’ Compensation defense and is a Certified Specialist in Workers Compensation Law through the State Bar of California Board of Legal Specialization and represents self-insureds, public entities, insurance carriers, and employers. A graduate of University of the Pacific, McGeorge School of Law, Mr. Grinberg honed his legal writing skills as Comment Staff Writer and Chief Articles Editor of the school’s law journal. Mr. Grinberg is the creator and editor of WCDefenseCA.com, a well-respected industry web-log that discusses Workers Compensation news and trends in the State of CA.
West County Wastewater (WCW) in Richmond is conducting an infrastructure upgrade project to reduce the greenhouse gas (GHG) emissions from its 12.5 million gallon per day (mgd) Water Quality and Resource Recovery Plant by more than 90 percent. Much of the anticipated reductions will result from improvements to the solidshandling processes at the facility, particularly the elimination of its existing sludge drying beds.
WCW owns, operates, and maintains a wastewater collection system comprised of 249 miles of gravity sewer pipelines, 17 lift stations, and 6 miles of force mains. The utility provides wastewater treatment for a total population of nearly 100,000.
The upgrades to the wastewater facility will include solidshandling improvements, power-generation capabilities, and treatment process upgrades.
Today, WCW sends its biosolids to the landfill because they do not comply with reuse requirements. The solidshandling process at the Water Quality and Resource Recovery Plant includes the use of a dissolved-air flotation system to thicken waste activated sludge.
“Thickened sludge is transported to both primary and secondary digesters,” said Keith Reynolds, Jr., the senior project manager for WCW. “The sludge is then actively transported to sludge lagoons utilizing water caps. Once the sludge has dried sufficiently, it is removed and used as landfill capping material.”
Unfortunately, the sludge lagoons generate significant GHG emissions.
A study commissioned by WCW found the storage of sludge in the drying beds generated approximately 3,953 metric tons of carbon dioxide emissions annually and landfull
disposal of biosolids generated another 133 metric tons of CO2 annually, Reynolds said.
Improvements to the solids-handling system will include rotary drum thickeners, two new digesters, centrifuges for solids dewatering, and a thermal dryer system. Ultimately, these upgrades will help reduce GHG emissions by an impressive 93 percent.
Other improvements will facilitate onsite power generation; the project will include a 450 kW cogeneration system powered by digester gas and a 1.1 MW solar power system. These upgrades will meet close to 100 percent of the facility and wastewater treatment electricity needs.
When complete, the revamped plant will achieve a negative or neutral rate of annual GHG emissions, Reynolds said. “The final GHG emissions, will result in a final emission of -617 metric tons of CO2 [emissions annually],” he said.
The upgrades to the solids-handling system will enable WCW to generate Class A biosolids suitable for agricultural and other beneficial uses. The shift to land application of biosolids will also enable the utility to comply with the requirements of S.B. 1383, California’s organic waste recycling requirements that take effect this year.
This article was adapted from an original publication by OneWater News at www.onewaternews.com
NHA Advisors provides strategic financial advice to California public agencies. With 160+ years of combined public finance experience, NHA Advisors consistently ranks as one of the most active municipal advisors in California.
financial advice to California public agencies. With 160+ years of combined public finance experience, NHA Advisors consistently ranks as one of the most active municipal advisors in California.
Over 175 public agencies have relied on NHA Advisors to guide them over the last decade
Over 175 public agencies have relied on NHA Advisors to guide them over the last decade
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By Ian Berg, Eide Bailly Special District Advisory Services
The foundation of a successful government district is embedded in guiding policies. In particular, financial management policies are key to providing clarity and enhancing decision-making related to fiscal health. The absence of sound financial management policy leaves board members, management and staff to rely on assumptions and could result in a free-for-all decision making process.
Common financial management policies include those established for reserves, investments, procurement/purchasing, debt management, grant management, accounting and financial reporting, budgeting, and trust management for pensions or other post-employment benefits (OPEB). The relevance of any of these policies differ depending on district structure and operating environment. For example, a district primarily funded by grants will benefit from a robust grant management policy whereas an enterprise funded by ratepayers may not invest as much energy towards one. Developing thoughtful and relevant financial management policies are universally beneficial to all districts regardless of their size or purpose.
A reserve policy is essential. Reserves can be defined in several ways, but healthy reserve balances always represent disciplined cash management practices. Common types include operating reserves, capital reserves, emergency reserves, and rate stabilization reserves. Other types of reserves could be legally restricted and are often established for things like debt compliance requirements or for fees collected for specific purposes.
• Operating Reserves can be the lifeblood for cash flow management. They ensure continuity of service during economic shortfalls and are often calculated based on expected cash flows. Generally, three months of operating expenditures is acceptable, however, a district dependent on bi-annual property tax receipts benefits from a target near six months.
• Capital Reserves help preserve financial longevity and are established to fund future infrastructure, upcoming projects or new equipment. In calculating capital reserve targets, districts might consider a five-year average of capital expenditures, a percentage of capital assets, or a flat dollar amount based on planned future projects.
• Emergency Reserves prepare for the unexpected and can target a set amount or fixed percentage of revenues
or expenses. COVID-19 is a great example where many districts suffered major revenue loss for an extended time-period. Emergency reserves help to fill that gap and preserve stability.
An investment policy contributes to reaching district investment goals and defines priorities during pursuit of those goals. The policy should set clear guidelines for types of allowable investments. For special districts in California, those investments must follow §53600 of the California Government Code. In evaluating investment options, Districts should always consider SLY – safety, liquidity and yield. The highest priority is investing funds safely with minimal chance for loss of principal. Secondly, investments should be liquid, or accessible, for cash flow. Lastly, yield can be considered, but should not be the driving characteristic in evaluating options. An investment policy should be reviewed and adopted on an annual basis. A budgeting policy clarifies district objectives, roles and timelines during the budgeting process. The policy defines what is considered a responsibly balanced budget for the district. This could include funding targets for working capital or other reserves within the budget. Be sure to clarify the budget monitoring process, the frequency of monitoring, budget adjustment authorizations, and circumstances when a budget amendment is needed and should be approved by the governing body. Budget adoption often occurs annually but some districts adopt a two-year budget. Budgeting policy could also include long-term cash flow projections. Budget formats vary and the policy should be tailor-made for unique district circumstances.
An accounting and financial reporting policy provides timelines for preparation of reports as well as performing accounting duties. This could be specifying that bank reconciliations will be performed within 10 days of the
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bank statement ending date or that financial reporting will be prepared by the 25th day of each month. It dictates what reports are to be provided to management or the governing board. Monthly or quarterly reporting is common practice. The audit firm selection process, auditor rotation frequency, and maintenance of sound internal controls are also important to consider in the policy.
Debt can be a valuable source of funding, but a debt management policy should be in place to set guidelines for the appropriate circumstances. The debt management policy needs to establish debt limits and debt capacity, and in what situations debt can be considered. Certain parameters can also be discussed such as the purpose for which debt proceeds can be used. This might stipulate that debt will not be used to fund operating expenses, that the district must have sufficient revenue for debt repayment or specific types of capital assets that are appropriate to fund with debt.
Grants are a key funding source for many districts and implementing a robust grant management policy can benefit many districts. The policy clarifies when and where to seek grant funding and the requirements for approval. It should also address how the grant funding will
be managed. Advance funding and reimbursement funding can both be difficult to manage, especially if managing both types of grants simultaneously. Guidelines should be outlined in the policy as to how grants will be monitored for compliance with their associated terms. Indirect costing and sub-recipient monitoring should also be detailed in the policy. For example, language such as “all indirect costs related to grant administration will be recovered to the maximum allowable level” provides users of the policy with clear direction to recover as much indirect costs as allowed by any grant.
In summary, financial management policies serve as a strong foundation for long-term financial health and perpetuate tactful decision-making. To unlock the full potential of these policies be sure to make them clear, concise, and monitor after adoption. Reviewing adopted policies periodically facilitates continuous improvement and reconsideration if conditions change. Additional financial management policies can be explored beyond the scope of this article, but it is the responsibility of each district to assess the need for implementing the right policies that benefit the direction and decision-making of the district.
In 2022, CSDA Finance Corporation (CSDAFC) facilitated the financing of more than $95 million in projects and purchases for special districts.
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California CAD Solutions (CALCAD) www.calcad.com
California CLASS www.californiaclass.com
CPS HR Consulting www.cpshr.us
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Five Star Bank wwww.fivestarbank.com
Enterprise Holdings www.enterpriseholdings.com
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Special Districts Risk Management Authority www.sdrma.org
Streamline www.getstreamline.com
Umpqua Bank www.umpquabank.com
Utility Cost Management, LLC www.utilitycostmanagement.com
Liebert Cassidy Whitmore www.lcwlegal.com
Richards Watson Gershon www.rwglaw.com
When Alameda County Mosquito Abatement District
General Manager Ryan Clausnitzer first heard about CSDA endorsed affiliate GovDeals, he knew his district could benefit from their auction service. Like every special district and public agency, there comes a time when equipment transitions take place and staff must decide what to do with the outgoing assets. How much staff time does a general manager want to devote to the marketing and sales process of getting rid of the equipment the agency has outgrown?
In the last four years, the district has posted 21 items to the auction marketplace. GovDeals provides auction services specifically catering to government, educational, and related entities for the sale of surplus assets to the public. The district’s mechanical specialist, Mark Wieland, has been the point person for most transactions and appreciates the efficiency the service provides. “Posting items on a public auction service eliminates the need to post the item for sale on several different media platforms,” Wieland said. “It’s a simple process from start to finish.”
Power tools, office furniture, file cabinets, retired fleet vehicles and truck storage boxes are just some of the items Alameda County Mosquito Abatement District has sold over the years.
“We even sold a whiteboard for $1, just to have someone pick them up so we did not have to spend the time, money, and resources to discard them,” Wieland said. “The larger benefit of using GovDeals is the ability to find a wider market to access strong prices for goods. Additionally, access to the auction often keeps material out of the landfill. There are no fees associated with listing the items, GovDeals receives 10% of the final sale price.”
GovDeals is a CSDA diamond level business affiliate that offers a simple, highly transparent solution that generally brings returns ranging from 20-40% more than traditional auction models while maintaining complete control of your assets until they are sold. They can be reached at www.govdeals.com.
Brown Armstrong Accountancy Corporation www.bacpas.com
CalTRUST www.caltrust.org
Centrica Business Solutions www.centricabusinesssolutions.com
Chase Bank www.chase.com
Cole Huber LLP www.colehuber.com
Complete Paperless Solutions www.cps247.com
Cooperative Strategies www.coopstrategies.com
Eide Bailly CPAs www.eidebailly.com
Enterprise Automation www.eaintegrator.com
Kosmont Financial Services www.KosmontFinancial.com
National Demographics Corporation (NDC) www.ndcresearch.com
NBS www.nbsgov.com
Nextdoor, Inc. www.nextdoor.com/
Nossaman, LLP www.nossaman.com
Slovak Baron Empey Murphy & Pinkney LLP www.sbemp.com
Vasquez & Company LLP www.vasquez.cpa
VC3 www.vc3.com
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• Online Surplus Action
• Risk Management
• Financing
• GASB Reporting Compliance
• Human Resources
• Investments
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• Utility Cost Control
• Vehicle Rentals
• Website Design
Having served as the manager of mid-sized and small governmental utilities, I developed an awareness of the limiting circumstances faced by smaller organizations in addressing succession planning. Large agencies often have the luxury of filling top positions from among an internal pool of qualified candidates, however, for most smaller community services districts this is seldom the case.
This discussion will focus on how to address hiring challenges that are often faced by small districts while still honoring a long-standing tenet: Those receiving district services deserve to know that the best available candidates are considered for key positions. Strategies that can be employed for both long-term and immediate and unexpected situations follow.
Often the internal candidate pool in a small district is limited as a result of being constrained by the fact that no internal candidate can meet the current job requirements. As well, small districts may also require that certain positions call for a technical or professional degree. Because of the prominence and responsibilities of a district manager, the public is often best served by filling the position through an open recruitment. Qualified outside candidates will likely come from local experienced managers and supervisors while non-traditional candidates may be found in a pool made up of the following: other local district or public works employees looking to advance or broaden their experience; a skilled employee that has lost (or is about to lose) a job due to economic downsizing;
an early retiree from another agency with a strong background that wants to return to the workforce and is looking for a job to supplement an existing retirement income or is bored with retirement. Any of these possibilities could lead to a viable candidate against which internal personnel can be measured.
Take certain steps well in advance of any key vacancies so the district is well positioned to address its key personnel needs ahead of any expected occurrences. One action that can serve to increase an internal hiring pool is “broad banding” job descriptions. Broad banding is the process of combining two or more job specifications into one, making duties broader and more inclusive rather than narrow and exclusive. This can also bring a benefit that extends beyond succession planning in that it can create a larger internal candidate pool. Broad banding also makes it easier for management to cross-train, rotate assignments, and reassign personnel when and where the need arises.
Maintain competitive salaries and benefits as well as knowing the compensation for competitive positions in your area. This includes having information for nondistrict positions that may draw candidates from the same market pool. Besides attracting candidates, this also promotes retention.
Consider involving other stakeholders beyond board or staff members, such as community and employee organizations, in hiring and organizational discussions. Also, try to avoid and defuse any other situations that could lead to conflict.
Finally, network! One method is to utilize external development/training programs. Leadership and management programs and conferences such as those offered by CSDA can help prepare internal candidates for position openings and provide the opportunity to identify other candidates for current or upcoming job openings.
Disregard the concept a position needs to be filled in accordance with past practices when addressing immediate needs, for example, only hiring an engineer because it has always been done that way before. Although an engineering or similar education brings a certain perspective to a job, the trend is to consider and appoint from among a broader range of professionals.
Recruit with a more prestigious job title, such as CEO, director, or manager. Rather than use “superintendent” in a job title, a change of title to “manager” could cause potential candidates to apply for a position opening they might otherwise pass on because of preconceived notions about what the role or prestige of a manager might be compared to that of a superintendent.
Take a breather! Consider contracting if time might be needed to develop an internal candidate or for the employment outlook to improve. Past retirees including those from similar districts as well as consulting firms may be able to fill short term unexpected needs.
Ron Stassi is on the Board of Directors for the Vandenberg Village Community Services District. He worked nearly 50 years for California municipal utilities in a technical, supervisory, or management role. He was the general manager for two California municipal utilities and also worked for Navigant Consulting, Inc.
