2005 California Government Code Sections 25210.39-25210.4h Article 3.2. Elimination of Authorized Services

GOVERNMENT CODE
SECTION 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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