FDAC Report Winter 2020 by FDAC

FDAC F I R E D I S T R I C T S A S S O C I AT I O N O F C A L I F O R N I A

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FDAC F I R E D I S T R I C T S A S S O C I AT I O N O F C A L I F O R N I A

2020 BOARD OF DIRECTORS President Jim Comisky 1st Vice President Frank Frievalt 2nd Vice President Eric Walder Treasurer Richard Pearce

FDAC STAFF Catherine Smith, Executive Director Carmen Berry, Administrative Director David Garrison, Graphic Designer Angelique Grellus, Coordinator Rayneedae Garcia, Assistant PHOTOGRAPHY Pexels, Pixabay and Unsplash The purpose of this Association shall be: 1) to present a united position on fire protection issues; 2) to coordinate with other associations with similar views on fire protection, including legislation; 3) to provide advisory services and any other services deemed appropriate by the Board of Directors that may benefit member agencies; 4) to keep member agencies informed on laws relating to fire suppression, emergency medical and other related services provided by member agencies; 5) to take an active role in the legislative process affecting public agencies providing fire suppression, emergency medical and related services. Thank you to all the authors in this issue for sharing with you their time and expertise. If you have an idea for a future article, please contact Angelique Grellus at the FDAC office at agrellus@fdac.org. Disclaimer: The views and opinions expressed in these articles are those of the authors and do not necessarily reflect the official policy or position of FDAC. For more information on FDAC or this magazine, please contact the FDAC office at 916.231.2137 or visit the website at www. fdac.org.

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Trusted Legal Advisors to

California Fire Districts Since 1980

www.lcwlegal.com

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PRESIDENTâ€™S MESSAGE W I N T E R 2 0 2 0

reetings my fellow FDAC members. It is an honor and privilege to address you for the first time as the President of this incredible organization.

Jim Comisky, South Lake County Fire District

As we move into the fall months of 2020, we find ourselves in interesting times. Despite the impacts of COVID-19, the most active fire season in history, a summer of social unrest, and a contentious Election season, we still stand up and deliver the high level of service that our communities need. Coming in as the President of FDAC on the heels of Chief Steve Kovacs is a daunting task. The leadership and commitment to the Fire Service that he has devoted himself to is impressive. I may not hit all the benchmarks he did, but I will give it all that I have. I promise to leave things better than I found them. I am going to rely on the professional and highly skilled involvement from all of our members who are working on the Legislative Committee, the Training and Education Committee, Smith Moore and Associates, and the many other committee members working to better the Fire Districts ability to deliver service to our citizens. FDAC is working closely with Cal Chiefs, Metro Chiefs, CPF, CSFA, and AP Triton to ensure that we, the Fire Service, will be able to continue to deliver ALS care throughout the state. The fight is a very intense one, but one we will win. State EMSA is attempting to dictate how we can deliver ALS/BLS service. I encourage you all to keep a close eye on this in the near future. Eventually it will take Legislative action to prevent us from having to legally protect our rights to deliver service time and time again.

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We are launching a virtual training platform this month that will allow us to deliver AB 1234 and Sexual Harassment Prevention training to our members. The Training and Education Committee is working hard on a revised version of the COA (Certificate of Achievement). In early 2021, we will roll out a virtual version of the COA, updated and more relevant to todayâ€™s Fire Chief and Fire Board Members needs. The work continues for an in-person Annual Conference in Napa, while simultaneously planning for a hybrid or virtual conference. The safety and well being of our members and sponsors is always the highest concern. More on this in the months to come. I look forward to working with all of you in the months and years to come so we can continue to serve our communities in the most efficient and professional manner possible. Regards,

Chief Jim Comisky, President

FDAC 2021 - 2023 E X E C U T I V E B O A R D

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D I R E C T O R S

lease welcome the Fire Districts Association of California (FDAC) 2021 â€“ 2023 Executive Board of Directors.

President Jim Comisky At-Large Director 2019 - 2021 1st Vice President Frank Frievalt Zone 5 Director 2019 - 2021 2nd Vice President Eric Walder Zone 3 Director 2019 - 2021

Jim Comisky

Treasurer Rich Pearce Zone 1 Director 2021 - 2023 The FDAC Board currently has two vacancies. One is our Zone Two Director which includes Siskiyou, Modoc, Shasta, Lassen, Tehama, Plumas, Glenn, Butte, Sierra, Colusa, Sutter, Yuba, Nevada and Yolo counties. This position can be filled by any fire district board member, appointed district director or fire chief within any of the above-mentioned counties.

Frank Frievalt

The other is an At-Large Director position, which can be filled by any fire district board member, appointed district director or fire chief within California. All Directors must be from a FDAC member district in good standing.

Eric Walder

If you are interested in either of these positions please submit your letter of interest to Carmen Berry at cberry@fdac.org. Thank you and Happy Holidays!

Rich Pearce

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Fire Districts Association of California L E G I S L A T I V E A R T I C L E

Russell W. Noack, Public Policy Advocates, LLC

Election Update

fter several days of high drama, Joe Biden was elected to be the 46th President of the United States and California’s Kamala Harris became the first woman elected Vice-President. The BidenHarris ticket easily won California’s 55 electoral votes by receiving nearly 65% of the vote. The strong support from our voters and close connection with the state should improve the relationship between the Federal Government and California. Although it remains to be seen if the stalled second COVID-19 relief package for the states, which pencils out in excess of $1 trillion, will be approved by the lame duck Congress, the President-elect has set a high priority of increasing Federal support for the states and local government to combat the ongoing impact of the pandemic as he plans to take office in January. On the state level, Governor Newsom will welcome back a Legislature where Democrats have maintained their supermajority status in both Houses. On the Proposition front, if the razor close vote holds, the fire service will have secured a major new funding source. Proposition 19 will allow homeowners who are 55, disabled or victims of wildfire or other natural disaster to take their lower tax base with them when they sell their home and buy a new one anywhere in the state. Prop. 19 also limits the ability for those who inherit property to keep the lower tax base thereby generating new funds to be allocated to backfill counties experiencing a loss of

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revenue and funding for a Fire Response Fund to support, in part, local fire departments. Prop. 19 received 51.2% of the vote and appears to have a sufficient margin to become law after all the votes are counted. The “Split Roll” tax measure did not pass on November 3. The hard-fought measure, which saw both sides expending a combined $150 million on their campaigns, was designed to remove commercial property from the Prop. 13 tax limits and place it under current market value thereby raising between $6.5 billion and $11.5 billion for schools and local government. The measure narrowly lost by a 52% to 48% margin. It will be interesting to see if the proponents fulfill their vow to place it on the Ballot again in 2022. Legislature Interim Update With the Election finally concluded, legislators and staff can now turn their attention to firming up the public policy measures they wish to pursue when the Legislature convenes on December 7. Despite a clear directive by leadership to focus primarily on COVID19-related matters and to resist pursuing bills that rely on general fund revenues, we expect to see a wide variety of legislation to be introduced in the new session.

Wildfire Funding As previously reported, there were a handful of significant issues left on the table when the Legislature adjourned in August. The most important topic was the development of a major funding package to support fire prevention and preparedness. Much of the package was focused on obtaining funding for local government for a host of projects including vegetation management, defensible space, fire mitigation, alert and warning technology and local government emergency planning. We fully expect to see this effort reenergize with funding sought from various sources including the Greenhouse Gas Reduction Fund (GGRF) and the General Fund. Although the record setting volume of fires of 2020 will greatly assist in the wildfire funding efforts, the impact of the COVID-19 pandemic seriously diminishing state resources will make it imperative to build a cohesive coalition to increase the chances of success in 2021. FDAC supported Assembly Bill 3074 by Laura Friedman this year. The bill was signed into law by the Governor and created an emberresistant zone within five feet of a structure as a key component of the defensible space requirements for buildings located in high fire hazard severity areas. However, the bill expressly requires funding from next year’s State Budget to enable CAL FIRE to begin developing a fuels management guidance program, which is an essential ingredient to implement the bill. Continues On Next Page

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Prescribed Fires Two legislative committees have convened informational hearings on wildfire mitigation measures focusing on enhancing the application of prescribed fires. Prescribed burning has reemerged as an important state strategy to reduce wildfire risk by removing the accumulation of high fuel loads thereby making the environment more resilient to wildfire. Despite widespread acceptance of the utility of prescribed fires, a 2019 study found the implementation of prescribed fire as a selective forest management practice has not increased in recent years. The committees delved into the many barriers in effectively deploying prescribed burn programs, including the Clean Air Act emissions limits, Air Resource Board smoke management guidelines and the lack of liability limits, which leads to the unavailability of liability insurance coverage. During the last two years, $2 million per year has been allocated from the GGRF to local air quality districts to expedite permitting and improve the management and monitoring tools for prescribed fire projects. We will see more legislative attention to prescribed fires in the new session.

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Moratorium on Insurance Cancellations and Non-Renewals California Insurance Commissioner Ricardo Lara recently issued a Bulletin establishing a one-year moratorium on non-renewals or cancellations of residential property insurance by insurance companies. The Moratorium applies to residents living in or adjacent to declared wildfire disaster areas, which has been estimated to impact 2.1 million policyholders or 18% of the market. The Commissioner’s action is the latest chapter in the ongoing debate with the personal lines segment of the insurance industry. The Commissioner opposed last year’s insurer supported efforts to create an insurance market assistance program for the WUI through legislation, (Assembly Bill 2167 by Tom Daly and Senate Bill 292 by Susan Rubio). The Commissioner’s Bulletin provides some limited breathing room for homeowners and undoubtedly, will accelerate the debate for legislative relief in this subject area when the Legislature returns next month. Task Force Commences Work on Friday The Joint FDAC-CFCA Legislative Task Force meets on Friday, November 13 to begin the process of planning for the new Legislative Session. EMSA review and the implementation of the new community paramedicine program will be a major topic as the Committee meets to set legislative priorities for 2021.

PCG is committed to developing practical solutions to help Fire and EMS (Emergency Medical Services) providers improve operational and financial performance, achieve and maintain compliance, and deliver high quality services. Services to Support Fire and EMS Providers Revenue Optimization, Cost Settlement, and Supplemental Payment Services (GEMT, PEMT, ASPP) Medicare Ground Ambulance Data Collection Emergency Triage, Treat, and Transport (ET3) Fire & EMS Consulting Services Health Equity Studies Quality Control COVID-19 Funding Management

www.publicconsultinggroup.com/ems EMSStrategies@pcgus.com

A joint powers authority formed to enable fire protection districts to protect the communities they serve. www.fasisjpa.org FDAC

Fire Districts Association of California F I S C A L F I T N E S S H O L I S T I C A P P R O A C H T O A D D R E S S I N G C O R E P R I O R I T I E S : S E R V I C E S , R E S E R V E S , C A P I TA L , P E N S I O N S

Save the Date, Coming February 2021! Key Topics • Market Update (Brandis Tallman a Division of Oppenheimer) • How/where can I borrow money and at what rate? How do investors view fire districts? • Fiscal Sustainability (NHA Advisors) • Taking a holistic approach to developing policies and solutions • Capital Funding Options (NHA Advisors) • Grants, loans, bonds; voter approved (new revenue) • CalPERS Update: Popular Cost Management Strategies for Growing Unfunded Liabilities (NHA) • UAL Restructuring Concept: What, Why, How for Fire Districts • Pension Bond Options (Shapes/Sizes/Structures) + benefits, risks, policies, and red flags Session Summary This webinar will include a robust discussion on fiscal sustainability for Fire District’s and the importance of taking a holistic approach to addressing core priorities: Services, Reserves/Liquidity, Capital Needs, and Growing Pension Liabilities. These priorities all compete for the same resources and impact each other in a direct way. Developing policies and comprehensive funding solutions is beneficial for the long-term fiscal sustainability of your District. Developing funding solutions that deliver the lowest borrowing cost while maintaining liquidity and resiliency against future economic downturns is critical. With interest rates (tax exempt for capital or taxable for pension debt) at historical lows, market experts from Brandis Tallman a Division of Oppenheimer (a registered Broker/Dealer) will share recent fire district case studies including who is buying fire district debt. Members from NHA Advisors (a registered Municipal Advisor) will share their views, best practices, and strategies for developing a holistic approach to funding services and capital. Their pension group will also provide an update on CalPERS and various cost management strategies and pension policies that their clients and other agencies have been implementing.

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Speaker Bios NHA Advisors, LLC – NHA Advisors will be represented by Eric Scriven, Craig Hill, and Mike Meyer from NHA Advisors. NHA Advisors is a leading Municipal Advisor to California public agencies and has significant experience providing consulting and financial advisory services to special districts across the state on things related to capital funding strategies, fiscal sustainability, voter approved funding options and pension cost management strategies. Mike Meyer manages the firms’ pension group which works with over 50 CA agencies on various CalPERS education, cost management strategies and comprehensive evaluation processes for pension bonds (UAL restructuring). They have worked on small (≈ $3 million) pension bond issuances all the way up to $450 million for large cities (>$1.5 billion in total UAL restructured in the last year). A UAL restructuring is also one of the most nuanced strategies available. NHA Advisors will share ways to better quantify and ameliorate the risks associated with pension bonds as well as how to implement a prudent evaluation process so that all options can be properly vetted and with clear and transparent understanding by all stakeholders, staff, and board members.

Brandis Tallman – Brandis Tallman is a division of Oppenheimer & Co Inc. that provides underwriting and placement agent services to public agencies throughout the State of California. Brandis Tallman has a specific focus on special districts and serves as a consultant to the CSDA Finance Corporation. Some of their fire protection district clients are the San Ramon Valley FPD, Graton FPD, Lakeside FPD, San Miguel FPD, and North Central FPD. Their pension bond underwriting experience includes recent work with the North County FPD in San Diego County. Brandis Tallman will provide background information on the current state of the municipal bond market, and how rating agencies along with investors view pension obligation bonds in California. Brandis Tallman will be represented by Jeff Land who is an Executive Director and has a specific practice area with special districts and pension liabilities. Questions Answered • How do I generate revenues for capital improvement projects? • What are my financing options for capital improvement projects? • What is the difference between a public offering of debt vs. a private placement? • When does it make sense to utilize a private placement method of sale? • How long does a financing take to process? • What type of reserves levels should we be targeting? • Why are pension bonds back in fashion? • Why are fire districts different that other agencies when it comes to pension bonds? • How can I quantify the risks of a pension bond so we can make decision with “eyes-wide open”? • What are the tradeoffs between different pension bond options (i.e. short vs. long term savings vs resiliency to future downturns)? • What interest rate would I pay on a pension bond in today’s market? • How does the stock market and current PERS returns impact the decision and timing on whether to issue a pension bond? • Can I still utilize other cost management strategies (i.e. Section 115 Trust) in conjunction with a pension bond? • How can I enhance/optimize my CIP funding strategies using a UAL restructuring? • Why is there bad press about pension bonds and how do I address GFOA and media concerns? • Do I need to go get a credit rating to issue a pension bond? What does that process entail?

Fiscal Fitness Holistic Approach to Addressing Core Priorities: Services, Reserves, Capital, Pensions

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Fire Districts Association of California F D A C Z O N E 1 R E P O R T

t is hard to believe this year is coming to a close, it certainly wasnâ€™t the 2020 vision we had all hoped for. Unfortunately, I fear 2020 and Covid-19 will have ramifications for all of us for many years to come. This pandemic also came on the heels of significant losses attributed to the catastrophic fires in Zone 1 over the past several years.

Chief Richard Pearce, Tiburon Fire Protection District, Zone 1 â€“ Representative

Zone 1 took full advantage of the prepositioning opportunities during the last several significant fires, which served us well in providing the necessary resources for our incident commanders in a timely fashion but Covid-19 brought about an entirely new set of demands that required a rapid response to protect our personnel and constituents in the course of our duties. Many agencies faced severe staffing concerns as their members were infected, experienced a significant exposure or were just uncomfortable coming to work. The resulting response to the pandemic by state and local governments, designed to flatten the curve and not overburden the hospitals, resulted in the shuttering of thousands of businesses across the region. Sales tax has been beyond decimated as a result, with little hope of returning any time soon. While Districts have very little reliance on the sales tax, our partners in state, county and city governments have not been so fortunate, facing many immediate and serious challenges ahead. This will also affect Districts at some point with additional demands on revenues and reserves as we have experienced countless times in economic down turns.

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Another issue, compounded by the exodus by many from the state, has been the extraordinary numbers of people fleeing the cities for the suburbs and more rural settings. This too will present additional obstacles, as the larger cities will require funding to restart their economies. I recently had the opportunity to travel through San Francisco and the sight was truly surreal: businesses boarded, no tourism, restaurants closed and empty high-rises as corporations flee the state or reimagine how their workforce participates in the day-to-day functions. Upon reflection and looking toward the future, perhaps the most troublesome impact from the past year will be the lack of personal contact and connection. While we have demonstrated the ability to make progress communicating in a Zoom or teleconference world, I believe the greatest accomplishments come when we contribute in-person at training, meetings, leadership seminars and certainly our conferences. In closing, I would like to express my appreciation for your support of Zone 1 and the fire service as well as wish everyone a happy, healthy and safe holiday season!

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Fire Districts Association of California M E E T T H E N E W L E G I S L A T O R S 2021-2022 Legislative Session JOSH BECKER (Democrat – San Mateo) Biography Senate District 13 (formerly held by Jerry Hill) Josh Becker easily won this San Mateo and Santa Clara County seat being vacated by the termedout Jerry Hill. Josh is a green entrepreneur and co-founded New Cycle Capital, a firm that develops socially responsible businesses. He also helped found the Full Circle Fund, which assists in grant and civic participation opportunities to fund and support state and local programs providing tangible benefits to communities. Josh has a joint MBA and law degree from Stanford and worked with the Obama Administration on energy and education policy. Winning the Senate seat in District 13 is Josh’s first statewide office. DAVE CORTESE (Democrat – San Jose) Biography Senate District 15 (formerly held by Jim Beall) Santa Clara County Supervisor Dave Cortese replaces termed out Senator Jim Beall (D) representing the heart of the Silicon Valley. Dave is a member and immediate past president of the regional Metropolitan Transportation Commission, serves on the Association of Bay Area Governments Executive Board, the National Association of Counties Transportation Steering Committee and the Santa Clara Valley Transportation Authority (VTA). He is the son of former Assembly Member Dominic Cortese who was a long-time chair both of the Assembly Local Government and Assembly Water, Parks and Wildlife Committees. JOHN LAIRD – (Democrat – Santa Cruz) Biography Senate District 17 (formerly held by Bill Monning) Laird succeeds termed out Senator Bill Monning. Most recently, Laird served in the Newsom Administration as the Resources Secretary, overseeing all environmental issues for the Governor’s cabinet. Previously, he served as a member of the State’s Integrated Waste Management Board, following six years in the State Assembly under the old term limits framework, which affords him two full terms in the Senate if he chooses. His seat is quite large, covering all of San Luis Obispo County, and parts of Monterey, Santa Clara, and Santa Cruz Counties. In addition to environmental issues, Laird also identifies education, health care, and affordable housing among his top policy concerns. Prior to serving the Legislature, Laird served nine terms on the Santa Cruz City Council, including two stints as Mayor. He is a graduate of UC Santa Cruz and speaks fluent Spanish. Laird is married to his spouse, John Flores. (*) ROSILICIE OCHOA BOGH (Republican – Yucaipa) Biography Senate District 23 (formerly held by Mike Morrell) California native and Yucaipa resident, Bogh succeeds Senator Mike Morrell who is termed out this year. SD 23 covers parts of San Bernardino and Riverside counties. Following her short career as an English Language Learner (ELL) schoolteacher in San Bernardino, Bogh has been a realtor for 16 years, served on the Yucaipa Calimesa Joint Unified School District (YCJUSD) Board of Education since 2018 and was a San Bernardino County School Board Association executive committee member. Bogh is an active member of East Valley Association of Realtors, as a board member and former chair of the legislative committee. She also served as president at the Yucaipa Valley Chamber of Commerce and believes in assisting small businesses. (*) This is a close race as there are many ballots in San Bernardino/Riverside that remain to be counted that might change the outcome of this race. 14

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JOSH NEWMAN (Democrat – Fullerton) Biography Senate District 29 (formerly held by Ling Ling Chang) Josh Newman returns to the Senate in this Orange County seat after defeating Republican Ling Ling Chang. In 2016, Josh defeated Ling Ling Chang in the race to succeed termed out former Republican Leader, Bob Huff for the same seat. He was recalled from office two years later after voting in favor of Senate Bill 1, legislation to increase the state gas tax to fund infrastructure development and Ling Ling Chang won the race in that Special Election to replace him. Josh is a graduate of Yale and has been the executive director of a nonprofit organization for veterans. DAVE MIN (Democrat – Orange County) Biography Senate District 37 (formerly held by John Moorlach) Irvine law professor Dave Min (D) defeated Orange County Senator John Moorlach (R). Min is a firstgeneration Korean American, Dave worked as an enforcement attorney at the Securities and Exchange Commission, as an economic and financial policy advisor to Senator Chuck Schumer, and as an economic policy director at the Center for American Progress. Min previously ran for Congress in 2018 in the overlapping 45th Congressional District. He ran as a moderate alternative to Katie Porter who went on to defeat the then incumbent Mimi Walters. CARLOS VILLAPUDUA (Democrat – Stockton) Biography Villapudua is a local, born and raised in Stockton. He served on the San Joaquin County Board of Directors from 2008-2016, and has served as CEO of the San Joaquin Hispanic Chamber of Commerce. His coalition of support included some labor organizations, including the CA Teachers Association and several law enforcement organizations. While a member of the Board of Supervisors, he assisted on turning around the fortunes of County General Hospital and working on expansion of the Stockton Regional Airport and Port of Sacramento, which produced jobs for the region. He currently works on career and technical education. Villapudua is a graduate of Sac State, and he and his wife are raising a “blended family of four,” according to his bio. ALEX LEE (Democrat – Fremont) Biography Assembly District 25 (formerly held by Kansen Chu) Alex Lee is a South Bay native who has worked as a Legislative Policy Advisor in the California State Senate and Assembly. Alex has worked on issues including public safety, housing, education, and climate change. He has used his voice to advocate for South Bay Area residents. Alex intends to focus on housing, homelessness, traffic, education, and climate change. Alex currently lives in his hometown openly as a member of the LGBTQ community and plans on continuing to live with his mom. He is the first openly bisexual state legislator in California history. He is a graduate of the University of California at Davis. He is 25 years old. Continues On Next Page

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Fire Districts Association of California M E E T T H E N E W L E G I S L A T O R S 2021-2022 Legislative Session Thurston ‘Smitty’ Smith (Republican – Hesperia) Biography Assembly District 33 (formerly held by Jay Obernolte) Three-time former Hesperia Mayor Thurston ‘Smitty’ Smith beat fellow Republican Big Bear Lake Mayor Rick Herrick to fill Assembly District 33. This seat was vacated by Jay Obernolte who ran for the open Congressional seat when Rep. Paul Cook announced his retirement. The 33rd district, which covers all Victor Valley municipalities, Barstow, Big Bear Lake and unincorporated areas such as Lucerne Valley and Phelan, runs slightly conservative. Smitty was a small business owner, married and raised two children. In 2007, their youngest son, Brandon, tragically lost his life in an off-road motorcycle accident. On the Hesperia City Council, Smitty championed government reform, cut government waste, and advocated for transportation infrastructure projects like the Ranchero Interchange on Interstate 15. STEVE BENNETT (Democrat – Ventura) Biography Assembly District 37 (formerly held by Monique Limón) Bennett succeeds Assembly Member Monique Limón, who advanced to the state Senate seat to replace termed out Hannah-Beth Jackson. The district contains parts of Santa Barbara and Ventura Counties. Bennett is a former high school economics teacher in Ojai and Ventura County Supervisor. One of his major achievements was to coauthor the local Save Open Spaces and Agricultural Resources (SOAR) initiative to prevent “L.A.-styled sprawl” due to development. He was strongly supported by the California Democratic Party, Senator Jackson, Assembly Member Limón, organized labor, and all the expected endorsers. SUZETTE MARTINEZ VALLADARES (Republican – San Fernando Valley) Biography Assembly District 38 (formerly held by Christy Smith) Suzette Martinez Valladares, a Republican won her first statewide office by a wide margin over fellow Republican Lucie Lapointe Volotzky. The Santa Clarita seat had been held by a Democrat, Christy Smith, who gave up the seat to run for Congress in this election. Suzette is the granddaughter of a farmworker who worked with Cesar Chavez. She was a district representative for Congressman Buck McKeon and has been the CEO of Little Steps of Faith, a preschool that provides care and education to families in the San Fernando and Santa Clarita Valleys. LISA CALDERON (Democrat -- Whittier) Biography Assembly District 57 (formerly held by Ian Calderon) Lisa Calderon (D) succeeds her stepson Ian Calderon (D) who decided not to run for re-election. She becomes the fifth Calderon to represent the Whittier-based district with her husband Chuck the first of the clan to represent the district. Calderon went to Sacramento State University and upon graduation spent six years working for Assembly Speaker Willie Brown. At the time of her election, she was a Government and Policy Advisor for Edison International.

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KELLY SEYARTO (Republican – Murrieta) Biography Assembly District 67 (formerly held by Melissa Melendez) Kelly is a native Californian who served the public as a firefighter until his retirement in 2015 as Battalion Chief. He was first elected to the Murrieta City Council in 1997 and served through 2006. Kelly declined to run for reelection in 2006 but returned to serve the City of Murrieta again in 2016 and served as Mayor this past year. Kelly has been a community leader in nonprofit and community organizations including on the Board of Directors for the Boys and Girls Club, the League of California Cities Public Safety Committee, and the Western Riverside Council of Governments. Kelly’s education background consists of an Associates of Arts Degree in Fire Science from Mt. San Antonio College, a Bachelor of Science Degree in Fire Administration and Technology from California State University Los Angeles and he holds a Master’s Degree in Public Administration, California State University Long Beach. Kelly intends to focus on transportation, water resources and ensuring that property taxes are not increased. Kelly lives in Murrieta with his wife Denise of 33 years and has three daughters. He is 60 years old. Janet Nguyen (Republican – Fountain Valley) Biography Assembly District 72 (formerly held by Tyler Diep) After first-term Republican incumbent Assembly Member Tyler Diep of Westminster lost the backing of the Republican Party of Orange County, fellow Republican Janet Nguyen decided to enter the race and easily overtook Diep in the Primary. She beat out Democratic challenger Diedre Nguyen in the General Election to take the Assembly District 72 seat. Janet Nguyen, 43, of Fountain Valley has been the first woman and Vietnamese American to hold several local and state seats. She started on the Garden Grove City Council in 2004, won a county Supervisor seat in 2007 and became a State Senator in 2014. In 2017, she was named legislator of the year by the Vietnam Veterans of America, but a year later, in a major upset, was narrowly voted out of her Senate District 34 seat and replaced by current Senator Tom Umberg (D). She gained a bit of national recognition this year having been featured in article on Asians and politics in the New Yorker. LAURIE DAVIES (Republican – Laguna Nigel) Biography Assembly District 73 (formerly held by Bill Brough) Laguna Niguel Mayor Laurie Davies succeeds Bill Brough. Davies has spent much of her professional life in the hospitality business working as a general manager of two restaurants, handling events at the Private Monarch Bay Beach Club in Dana Point and in 2000 she opened her own successful business -- Five Star Wedding & Events -- which she still operates today. CHRIS WARD (Democrat – University Heights) Biography Assembly District 78 (formerly held by Todd Gloria) Ward succeeds Assembly Member Todd Gloria, who was elected Mayor of San Diego. As a member of the San Diego City Council, Ward identifies homelessness, job creation, small business support, children, and environment protection as key issues on which he and the Council made progress. On the environmental side, San Diego banned toxic products that were affecting San Diego waterways. Ward served as Chief of Staff to State Senator Marty Block, and received the endorsements of Governor Newsom, Senate President Pro Tem Toni Atkins, Assembly Member Gloria, organized labor and environmental organizations, and Vice President-Elect Kamala Harris, among many others. He and his partner, Thom, have two young children.

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Fire Districts Association of California W O R K E R S ’ C O M P E N S AT I O N P R E S U M P T I O N F O R C OV I D -19 C O N T R A C T E D I N T H E W O R K P L A C E

O JENNIFER JOBE, FASIS Administrator

n September 17, 2020, Governor Gavin Newsom approved SB 1159 which establishes certain Coronavirus (COVID-19) illnesses/injuries as presumptively compensable for workers’ compensation benefits. While benefits for all workers who suffer industrial injury/ illness should be administered in a timely and appropriate manner by your claims administrator, the requirements of SB 1159 will require increased cooperation and information gathering by the District. SB 1159 states the claims administrator will be responsible for tracking the reported information from each employer to determine whether the reported cases meet the “outbreak” requirements outlined in the bill. In addition, as the presumption outlined in SB 1159 is rebuttable, each claim is reviewed with compensability determined by your claims administrator on an individual basis. To ensure Districts are compliant with SB 1159, please take note of the following guidelines:

A. DISTRICT RESPONSIBILITIES IF AN EMPLOYEE TESTS POSITIVE AFTER SEPTEMBER 17, 2020 Within three (3) business days of knowledge that an employee has tested positive for COVID-19 (non-work or work-related), employers must provide the following information to your claims administrator: • Location Name • Date the employee was tested • Specific worksite address or addresses the employee was working 14 days preceding the positive test • Last day of work at each worksite the employee worked during the previous 45-day period • Provide the highest number of employees at the specific worksite(s), preceding the 45 days prior to the employee’s last day worked NOTE: SB 1159 positive test reporting to your claims administrator is separate from the Assembly Bill 685 reporting to local public health officials B. ADDITIONAL INFORMATION This required reporting will remain in effect until January 1, 2023. Please note that civil penalties for intentional misrepresentation or failure to submit the information may be assessed up to $10,000.

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Below is a flow chart to aid in District COVID-19 reporting:

Employer Knowledge Of Positive COVID-19 Test After SB1159 Approval on Semptember 17, 2020

Employer has knowledge of positive Employee COVID-19 test

Employer gathers information: • Date of test. • Onsite locations the employee worked 14 days preceding the positive test date. • Highest number of employees at each work site within 45 days of the employee’s last day worked onsite.

Employer submits information to Claims Administrator: • DO NOT SUPPLY ANY EMPLOYEE IDENTIFIABLE INFORMATION. • Recommend utilizing a standard Reporting Worksheet to maintain your records. • Maintain data submitted as confidential information.

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Fire Districts Association of California W O R K E R S ’ C O M P E N S AT I O N P R E S U M P T I O N F O R C OV I D -19 C O N T R A C T E D I N T H E W O R K P L A C E

Susan Blankenburg, FAIRA General Manager

CAJPA Tort Liability Analysis FAIRA, along with 17 other JPA’s in California, made a one-time contribution to undertake the Data Analysis Project to address sky rocketing Tort Liability costs driven by high jury verdicts, settlements and defense costs that are putting financial pressures on all public entities. This coupled with the additional costs incurred to operate and comply with COVID -19 mandates, makes the effort even more important today than ever. Phase one has been completed that was a significant undertaking of data. Phase two is to analyze the loss data. Once the actuary has confirmed that there is adequate loss data to represent the large losses for California’s public sector, the oversight committee will recommend initiating Phase two that is to focus on Joint and Several Liability, Inverse Condemnation, and Sexual Abuse/ Molestation. State of the Insurance Marketplace presentation 2020 renewals have challenged all fire departments and municipalities across the US. While we have enjoyed rate reductions for a good part of the last 15 years, join us in hearing what you can expect for future years and how FAIRA will prepare to get our member’s the best rates possible. FAIRA will be hosting a 45-minute webinar on December 14, 2020 at 10:30am to provide an overview of the State of the Insurance Marketplace. All FDAC members are welcome to join the meeting by clicking this link.

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We will walk you through the events leading up to the turn of the marketplace such as: • Record setting levels of wildfires, hurricanes and the impact on property rates; • Social inflation – sympathetic juries award largest verdicts ever; • Impact of COVID is estimated at $50-80 million, for the first wave; • Carriers have had 10 years of reductions, eroding profits and low to no investment income. ADA Website Compliance - at the June Board Meeting the Board accepted a proposal from AAAtraq, to assist bringing our member websites into ADA compliance. This compliance is for those with visual or auditory impairment types of disabilities. AAAtraq helps to identify the deficiencies with simple, low cost solutions, that allow all individuals to access the information on your websites by way of proper labeling and screen readers that describe an image and meet WCAG 2.1. There are three parts of the service offering: 1. Website compliance – ensuring your District’s website has the proper set up should an individual with a disability access your website. The goal is to have your website navigational regardless of a disability. 2. Liability limits that start at $2,500 and can go as high has $50,000 per claim, based on your level of compliance. The level of compliance is determined by the compliance status of the claimant at the time the District’s website allegedly failed to make reasonable accommodations to users with disabilities. 3. The AAAtraq shield will go on each District’s website demonstrating compliance by participation with a professional service provider.

AAAtraq also provides monthly “benchmarking” updates which is a progress report for your website, along with a legal team ready to act quickly in defense for you. COVID-19 Cal-OSHA – 3205 Regulation Section, COVID-19 Prevention - Since the start of the Pandemic, there has been an increase in lawsuits brought upon Public Entities’ compliance with these ADA requirements. With the new COVID Emergency Standard – 3205 now in place under the Cal-OSHA General Industry Safety Orders, I wanted to make you aware of some very important aspects that you should know about. First off are the exemptions. Under the new Standard, employer exemptions include: • Places of employment with one employee who does not have contact with other persons • Employees working from home Employees when covered by the Aerosol Transmissible Diseases Standard (i.e., Hospitals, Skilled Nursing Facilities, Home Health, etc.) This is good to understand; however, the standard was developed to be as allencompassing as possible so it is expected that the majority of client (excluding healthcare/first responders) will likely all fall under the standard to some degree.

1. System for Communicating 2. Identification and evaluation of COVID-19 Hazards 3. Investigating and responding to COVID-19 cases in the workplace 4. Correction of COVID-19 Hazards 5. Training and Instruction 6. Physical Distancing 7. Mask/Face Coverings 8. Other engineering and administrative controls as well as PPE 9. Reporting, record-keeping, and employee access to records 10. Exclusion of COVID-19 cases 11. Return to Work Criteria The standard now defines two levels of outbreaks that may occur in an operation. This includes “minor” and “major” that are fully detailed in the attachment. • Minor – 3 or more COVID-19 cases in an exposed workplace within a 14day period. • Major – 20 or more cases within a 30-day period. The new testing requirements within this standard are the most alarming aspects and will require the greatest preparation in order to successfully execute for Minor and Major Outbreaks. To learn more, read the California Emergency Temporary Standards to Protect Workers from COVID 19 and the Model COVID-19 Prevention Program (CPP).

Furthermore, the standard requires updates to the Injury and Illness Prevention Program along with the development and implementation of a formal COVID Protection/Prevention Program (sample attached) that includes the following elements:

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