2009 California Food and Agricultural Code - Section 6293-6293.13 :: Article 2. Formation Of Districts

6293.  Proceedings for the formation of a district within Napa
County shall be commenced by a petition that is either of the
following:
   (a) Signed by 50 percent or more of the owners of 65 percent or
more of the affected land.
   (b) Signed by 65 percent or more of the owners of 50 percent or
more of the affected land.
   The petition shall be addressed to, and filed with, the board of
supervisors of the county.

6293.1.  The petition may be filed in sections, each of which shall
comply with all the requirements for a petition, except that a
section need not contain the total number of signatures required for
the petition.

6293.2.  Signatures to the petition may be withdrawn at any time
before it has been acted upon by filing with the clerk of the board
of supervisors a declaration signed by the petitioner that states
that it is the intention of the petitioner to withdraw his or her
signature from the petition.

6293.3.  (a) The petition shall state the name of the proposed
district and shall set forth its boundaries or describe the lands to
be included.
   (b) It is a sufficient designation of the boundaries of a proposed
district to recite that all the winegrape growing acreage in the
county is to be included in the district, or that all the winegrape
growing acreage in a designated area within the county is to be
included in the district.
   (c) If either designation is used, the outside boundary of the
area so designated is the boundary of the district, and the district
shall include all winegrape growing acreage within the outside
boundary.

6293.4.  (a) Upon the presentation and filing of a petition, the
board of supervisors shall refer the petition to the county
agricultural commissioner for the preparation of a register of owners
of winegrape growing acreage within the proposed district, and for
an investigation and report.
   (b) The agricultural commissioner shall create a register of all
winegrape growing acreage owners within the proposed district
describing the net acreage or size of land devoted to the growing of
winegrapes. The commissioner shall file with the register a report
and recommendation to the board of supervisors on whether conditions
of Pierce's disease, the glassy-winged sharpshooter, or other pest or
disease warrant the board of supervisors proceeding with the
organization of the district.

6293.5.  (a) The board of supervisors shall fix a time and place for
the hearing of the petition.
   (b) The hearing shall not be less than 20 days, or more than 40
days, after the filing of the petition with the board of supervisors.
   (c) The board of supervisors shall order the clerk of the board of
supervisors to give notice of the time and place fixed for the
hearing upon the petition.

6293.6.  The notice of hearing shall do all of the following:
   (a) State the name of the district and that it is being formed for
the control of winegrape pests and diseases pursuant to this
chapter.
   (b) State the petition is available for inspection at the office
of the clerk of the board of supervisors.
   (c) Designate the boundaries of the proposed district in
substantially the same way that they are described in the petition.
   (d) State the time and place for the hearing.
   (e) State that at the hearing protests will be considered by the
board of supervisors.
   (f) State that requests in writing for the exclusion of lands
from, or the inclusion of lands in, the proposed district, will be
heard and considered by the board of supervisors.

6293.7.  Notice of the hearing shall be given by publication in a
newspaper of general circulation published and circulated in the
district. Notice of the hearing shall also be given to all winegrape
growing acreage owners within the proposed district.

6293.8.  The notice shall be published once a week for two
successive weeks prior to the date set for the hearing.

6293.9.  At the hearing, the report of the county agricultural
commissioner shall be received by the board of supervisors. Protests
may be made orally or in writing by any person interested in the
formation of the proposed district. Any protest that pertains to the
regularity or sufficiency of the proceedings shall be in writing and
shall clearly set forth the irregularities and defects to which
objection is made. All written protests shall be filed with the clerk
of the board of supervisors on or before the time fixed for the
final hearing. The hearing may be continued from time to time, not to
exceed 60 days.

6293.10.  At the hearing, any owner of winegrape growing acreage in
the proposed district may present to the board of supervisors a
request for the exclusion of that land or any part of that land from
the proposed district upon a showing that the land or part of that
land will not be benefited by the activities of the proposed
district. Factors that the board of supervisors may consider in its
determination to exclude shall include an affidavit from the
landowner stating that the land is not planted to winegrapes and will
not be so planted in the foreseeable future. However, should the
excluded land be planted to winegrapes, the landowner shall be
required to inform the district, in writing, within 30 days of
planting. Any owner of winegrape acreage outside the proposed
district may present to the board of supervisors a request in writing
for inclusion of that land in the proposed district.

6293.11.  If the board of supervisors determines that the petition
does not comply with the requirements of law, the matter may be
dismissed without prejudice to present a new petition covering the
same matter. A finding by the board of supervisors in favor of the
sufficiency of the petition and notice is final and conclusive
against all persons except the state in a proceeding brought by the
Attorney General within one year of the date of the making of the
order establishing and describing the boundaries of the district.

6293.12.  (a) If the board of supervisors determines that the
project is feasible and in the interest of the winegrape growers of
the county, the board of supervisors shall, by order entered in its
minutes, declare the district duly organized under the name
designated in the petition for the formation of the district.
   (b) The order shall describe the territory included in the
district and, if the board of supervisors does not exclude or include
land pursuant to Section 6293.13, it is a sufficient description of
the territory to describe the boundaries in substantially the same
way as they are described in the petition.
   (c) A copy of the order duly certified by the clerk of the board
of supervisors shall be filed for record in the office of the county
recorder of the county in which the district is situated.

6293.13.  (a) In determining the boundaries of the district, the
board of supervisors shall exclude from the district any winegrape
growing acreage that it finds will not be benefited by the proposed
project, and it may include in the district any winegrape growing
acreage that it finds will be benefited if it also finds it will be
in the interest of the district to include that winegrape growing
acreage. The inclusion may be upon application of the owner or,
without the owner's application, upon giving the owner notice of the
proposed inclusion and an opportunity for a hearing on the inclusion.
   (b) Notice of inclusion shall be mailed, postage prepaid, by the
clerk of the board of supervisors, to the address of the owner of the
winegrape growing acreage, as shown by the last equalized county
assessment roll, and to any person that has filed with the clerk that
person's name and address and description of winegrape growing
acreage in which he or she has either a legal or equitable interest.
The notice shall describe the winegrape growing acreage proposed to
be included, and shall state the time and place at which objections
to the inclusion will be heard.