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2005 California Government Code Sections 25210.39-25210.4h Article 3.2. Elimination of Authorized Services
GOVERNMENT CODESECTION 25210.39-25210.4h
25210.39. If the board of supervisors is of the opinion that public convenience and necessity no longer require that one or more, but not all, extended services be provided within an established county service area, it may at any time adopt a resolution of intention to eliminate such extended service. 25210.39a. The resolution shall: (a) State the name of the area. (b) Generally describe the territory included in the area. (c) Specify the type or types of extended services proposed to be eliminated. (d) Fix a time and place for a hearing upon the question of eliminating such extended service, which shall not be less than 30 or more than 60 days after the adoption of the resolution of intention. 25210.39b. The clerk of the board of supervisors shall give notice of the hearing in the same manner and within the same time as provided for the giving of notice of a hearing on a resolution of intention to establish a county service area. The notice shall: (a) Contain the text of the resolution. (b) State the time and place for hearing. (c) State that at the time of the hearing the testimony of all interested persons or taxpayers for or against the elimination of extended services will be heard. 25210.39c. The hearing may be continued from time to time, but must be completed within 30 days. At the conclusion of the hearing the board of supervisors may abandon the proceedings or may, by resolution, order the elimination of one or more of the extended services as of some stated date not later than June 30th of that fiscal year. The board thereafter shall not provide the extended service so eliminated within such area from general funds of the county. 25210.39d. The elimination of extended service from a county service area does not relieve the area and the taxpayers therein from responsibility for payment for such extended service rendered before the effective date of the elimination, pursuant to Sections 25210.9b and 25210.9c and Article 10 (commencing with Section 25211.1) of this chapter. 25210.4h. (a) In the County of Napa, a county service area may be formed for the sole purpose of acquiring, constructing, leasing, or maintaining, or any combination thereof, farmworker housing. Notwithstanding any other provision of this article, only a county service area formed under this section in the County of Napa may exercise this specific authority. These services and facilities shall be deemed "miscellaneous extended services." Sections 25210.4 and 25210.4a shall not apply to the county service zones or areas established pursuant to this section except to the extent needed to provide farmworker housing, and the procedures to establish the county service areas or zones shall reference an assessment, rather than a tax, as appropriate. If the proposed establishment of a county service area is abandoned, the County of Napa may provide those services from the general fund of the county, notwithstanding Section 25210.18. (b) Notwithstanding Section 25210.1a, a county service area formed under this section may consist of noncontiguous parcels of planted vineyard land. (c) The Board of Supervisors of the County of Napa may, following the procedures of Article 4.6 (commencing with Section 53750) of Chapter 4 of Part 1 of Division 2 of Title 5, levy an annual assessment not to exceed ten dollars ($10) per planted vineyard acre for the purposes of the county service area formed under this section. An annual assessment levied pursuant to this section may remain in effect for a period not exceeding five years. However, an annual assessment levied pursuant to this section may be reauthorized for additional five-year periods pursuant to that Article 4.6. The board of supervisors shall not impose a new assessment or an extension of an existing assessment if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed one-third of all assessment ballots submitted, and not withdrawn, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. (d) No assessment shall be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. (e) The board of supervisors may allocate the proceeds of the annual assessment, as it deems appropriate, for any or all of the following purposes: (1) Acquiring farmworker housing. (2) Building farmworker housing. (3) Leasing farmworker housing. (4) Providing maintenance or operations for farmworker housing owned or leased by the Napa Valley Housing Authority or another public agency whose principal purpose is to develop or facilitate the development of farmworker housing in the County of Napa. (f) The board of supervisors shall appoint an advisory committee that includes, but is not limited to, farmworkers and planted vineyard land owners or agents to advise and counsel the board on the allocation of the proceeds of the annual assessment. (g) In ascertaining parcels to be included in this county service area, the board of supervisors shall use data gathered by the Napa County Flood Control and Water Conservation District. (h) Vineyard property owners who present proof to the board of supervisors that they are providing housing for their own workers shall be exempt from the assessment. The board and the advisory committee shall audit the programs receiving the proceeds of the allocation every two years and make recommendations for changes.
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