ZONE OF BENEFIT ADVISORY COMMITTEE ORIENTATION Presented by: El - - PowerPoint PPT Presentation

Presented by: El Dorado County Department of Transportation December 11, 2019

ZONE OF BENEFIT ADVISORY COMMITTEE ORIENTATION

AGENDA TOPICS

• Introductions
• What is a Zone of Benefit?
• Advisory Committee
• California’s Open Meeting Laws (The Brown Act)
• Purchasing (and Contracting)
• Budget
• General Questions

COUNTY SERVICES AREAS

• County Service Area Law guides
• (GOV 25210, et seq)
• LAFCO forms CSA
• Allowed or Authorized services designated.
• Funding varies

• Cemetery Maintenance &

Improvement

• Vector Control
• Mosquito Abatement
• Ambulance Services
• Waste Management Services
• Library Services
• Road Maintenance &

Improvement

• Drainage Facility Maintenance &

Improvements

• Snow Removal Equipment and

Services

• Street Lighting
• Landscaping
• Wetland Related Services

COUNTY SERVICE AREA AUTHORIZED SERVICES

Transportation Zones Other Departments’ Zones

COUNTY SERVICE AREAS SUMMARY BY SERVICE

• CSA #2 – 1963 - Road and Drainage Improvements and

Maintenance, (2 Zones)

• CSA #3 – 1963 - “Control or destruction of injurious insects,”

Ambulance Services, Drainage, & Snow Removal, (6 Zones)

• CSA #5 - 1970 - Drainage & Erosion Control, Single CSA
• CSA #7 - 1976 - Ambulance Services, Single CSA
• CSA #9 - 1983 - Roads, Drainage, Cemetery, Landscaping, Street

Lighting & Wetland Related Services, (94 zones)

• CSA #10 - 1988 - Waste Management, Library, (10 Zones)

COUNTY SERVICE AREAS ZONES OF BENEFIT

ZONE ZONE ZONE ZONE

COUNTY SERVICE AREA ZONES OF BENEFIT

• Board of Supervisors forms Zones
• Purpose designated at formation
• Services must be allowed under the CSA
• No funding, no zone.

WHAT IS A ZONE OF BENEFIT?

• A zone of benefit is:
• Part of a County Service Area (CSA)
• Governed by the Board of Supervisors – A part of County

Government

• A guaranteed collection mechanism for funds
• Collected with property taxes
• A zone of benefit is not:
• An independent district
• An association

ROAD ZONES OF BENEFIT

• Road Maintenance
• 2 in CSA 2 ( circa 1960’s)
• 30 in CSA 9 (circa 1980’s)
• Roads are NOT County Maintained

ZONE ADVISORY COMMITTEES

• Overview
• Responsibilities
• Meetings and Brown Act
• Ethics

ZONE ADVISORY COMMITTEE

• Department of Transportation is the Link

ZONE ADVISORY COMMITTEE OVERVIEW

• Board of Supervisors establishes at its discretion.
• At request of property Owners/Residents
• Committee Members serve at the pleasure of the Board.
• On recommendation of Residents through Committee
• Department of Transportation facilitates communication.
• Many levels, many subjects, different departments

DEPARTMENT OF TRANSPORTATION RESPONSIBILITIES

• Meets with Advisory Committees to:
• Evaluate adequacy of services
• Compile annual budget and work plan
• Recommend action to the County CAO, Board
• Compliance California’s open meeting laws (“The Brown Act”).
• Ethics Training for Local Officials required.
• Zones must comply with same requirements as all County

Departments.

• We are here to help you navigate and support you.

ZONE ADVISORY COMMITTEE

• Department of Transportation is the Link

ADVISORY COMMITTEE

• YOU are the Link to DOT

ADVISORY COMMITTEE RESPONSIBILITIES

• Meets with property owners and residents to:
• Evaluate adequacy of services
• Compile annual budget and work plan
• Recommend action to the County
• Subject to California’s open meeting laws (“The Brown Act”).
• Ethics Training for Local Officials required.
• Zones must comply with same requirements as all County

Departments.

• We are here to help you navigate and support you.

ADVISORY COMMITTEE MEETING REQUIREMENTS

• Policy & Procedure Guidelines, Part V
• Four times per year
• One of the four is General Meeting
• Advance agenda to County – five business days requested
• Provide minutes to the County in a week – even if not yet adopted
• Ethics Training for Local Officials is required
• All meetings are subject to provisions of the

Brown Act - California’s Open Meeting Laws

ADVISORY COMMITTEE

• YOU are the Link to DOT

BROWN ACT

• What is it?
• Topics
• Meetings
• Documentation
• Noticing
• Consequences

BROWN ACT REQUIREMENTS

• What is Brown Act?
• The Ralph M. Brown Act, California’s Open Meeting

Law:

“Open decisions, openly arrived.”

• What are the requirements?
• What are the consequences?

BROWN ACT REQUIREMENTS: MEETINGS

• Meetings
• Any gathering of a quorum (majority of committee).
• Discussion of Zone business.
• Noticing required.
• Agenda required.
• Minutes required.
• Anyone may attend.

BROWN ACT REQUIREMENTS: MEETINGS

• Serial Meetings - Prohibited under the Brown Act
• Telephoning to develop concurrence.
• Gathering of less than a quorum in series to develop

concurrence.

• E-mailing, texting, or social media messaging to develop

concurrence.

DON’T

• Discuss zone business via telephone, text,

social media posts or email

• Discuss zone business without a properly

noticed, agendized meeting

• Take action on an item not already included on

the published meeting agenda

DO

• Be transparent
• Get a consensus for a meeting date and time
• Add issues to the next meeting agenda – and

set the date and time.

• Avoid opportunities for accidental serial

meetings

BROWN ACT REQUIREMENTS: MEETINGS

• Facilities
• Must be “freely accessible to the public.”
• Allow ADA accommodation for participation.
• Have contact person telephone number.
• Compliance
• Accommodation requested at least one full business day in

advance.

• Contact the County if any questions on case by case basis.

BROWN ACT REQUIREMENTS: DOCUMENTATION

• Agenda – a public record
• Brief description (20 words) of topics
• Allow time for Public Comment
• Include ADA statement
• Refer to Samples in Manual, on County website
• Minutes – also public record
• Objectively document action taken
• Provide to the County – even if not adopted yet

BROWN ACT REQUIREMENTS: NOTICING

• Provide Agenda to County for review before posting
• Make it legible, keep it simple.
• Include ADA statement with telephone contact.
• Use template in the Manual, on web site
• Post Agenda 72 Hours In Advance
• At locations freely accessible to public.
• At the meeting location.
• County web site

BROWN ACT REQUIREMENTS: NOTICING

• Set regular dates, time and place
• Publish schedule annually.
• County Website
• Local Paper
• Neighborhood Bulletin Board
• Mail advance notice of each meeting.
• When written request is on file.
• Include the Agenda.
• E-mailing to the requestor is okay

BROWN ACT: CONSEQUENCES

• Any person or entity can file an action in Superior Court
• Violations could invalidate actions taken
• Applies to non-compliance with open meeting
• Noticing requirements
• Agenda requirements
• Serial meetings

BROWN ACT: CONSEQUENCES

• Criminal misdemeanor
• All committee members involved based on:
• Participation in the meeting
• Knowledge that the law is being violated
• Local District Attorney files charges
• Zone funds cannot be spent on defense

ETHICS TRAINING

• AB1234 effective January 1, 2006 (Gov. Code §53234 et. seq.)
• Zone Advisory Committee members are Local Officials
• Two (2) hours of training required every two (2) years and
• within 6 months of appointment – 05/16/2020
• Includes Conflict of Interest, “perks” rules and Brown Act.
• Certificate is required for reimbursement of eligible expenses.
• Available on line at: www.fppc.ca.gov/learn/training-and-outreach/t-o-public-
• fficials.html

ETHICS TRAINING

• www.fppc.ca.gov/learn/training-and-outreach/t-o-public-officials.html

PURCHASING AND CONTRACTING

• Goods and Services
• Volunteer Work
• Contracting

PURCHASING & CONTRACTING Part V, Section F - Policy and Procedure Guidelines: “The financial management of the zones of benefit shall be treated as any other department of the county.” Procurement of services and supplies must be in accordance with county policies and procedures and all

• ther applicable codes and regulations.

PURCHASING

• Expenditures must be
• Included in a Board approved line item budget
• Supported by revenues
• Made through the proper channels

PURCHASING

• Eligible for Reimbursement
• Postage
• Office supplies-mailing labels, envelopes, paper,

printer cartridges, staples, writing implements, tape

• Printing/copying
• Reimbursement Requires
• Certificate of Completion for Ethics Training
• Affidavit for Auditor’s Office
• California 590 Form & Payee Data Record

PURCHASING

• Contact Transportation for:
• Supplies
• Road materials
• Miscellaneous supplies
• Services
• Room rentals or use
• Materials hauling
• Any service provided by an outside vendor or contractor.

VOLUNTEER WORK PROGRAM

• Volunteer road work allowed by Guidelines:
• Brush/Tree/Weed Trimming
• Pot Hole Patching
• Clearing ditches
• Trash pickup
• Minor snow removal

VOLUNTEER WORK PROGRAM

• Projects require County approval.
• Submit Request to DOT:
• Task Performed,
• Materials/Supplies/Equipment, if any,
• Who will be working,
• Target date,
• Supplies must be included in approved budget.
• Work must be in roadway easement.
• Waivers must be on file before work begins.

CONTRACTING

• In-depth Budget and Contracting Workshop on January 9, 2020
• Key Point: Discuss contracting needs with County prior to

discussing with Contractors

BUDGET

• Calendar
• Budgeting
• Work Plan for Road Work Season 2020
• Budget for Road Work Season 2021

WORK PLAN FOR ROAD WORK SEASON 2020

• Tell us what you want to do
• Net Balance is what you have available to spend on road work
• Timing is everything
• Earlier you get your work plan in the better!
• Budget preparation workshop on January 9, 2020
• Due to County mid-February

BUDGET FOR ROAD WORK SEASON 2021

• Due dates set by CAO schedule
• No changes allowed once submitted to CAO
• Not received by Deadline, DOT will submit based on

previous years actuals

• Workshop on January 9, 2020
• Due to County mid-Feb
• New forms will be in Budget Packets

IMPORTANT UPCOMING DATES

• In-depth Budget & Contracting Workshop January 9, 2020
• The following items are due from the Zones:
• Updated to ZOB Member Contact Information Sheets (due

12/20/2019)

• Work Plan for Road Work Season 2020 (due mid-February)
• Budget for Road Work Season 2021 (due mid-February)
• Ethics training certificate for new appointees (5/16/2020)

RESOURCES

• Zone of Benefit E-Mail Address: zoneofbenefit@edcgov.us
• Policy and Procedure Guidelines for Creation and Administration of Zones of Benefit

Within a County Service Area, amended February 10, 2015

• El Dorado County Department of Transportation Agency Zone of Benefit Advisory

Committee Manual, (ongoing revisions)

• Orientation Presentation
• Department of Transportation Web site: https://www.edcgov.us/government/DOT
• Online Local Ethics Training : www.fppc.ca.gov/learn/training-and-outreach/t-o-public-
• fficials.html

GENERAL Q&A