25213. A county service area may provide any governmental services
and facilities within the county service area that the county is
authorized to perform and that the county does not perform to the
same extent on a countywide basis, including, but not limited to,
services and facilities for any of the following:
(a) Law enforcement and police protection.
(b) Fire protection, fire suppression, vegetation management,
search and rescue, hazardous material emergency response, and
ambulances.
(c) Recreation, including, but not limited to, parks, parkways,
and open space.
(d) Libraries.
(e) Television translator stations and low-power television
services.
(f) Supplying water for any beneficial uses.
(g) The collection, treatment, or disposal of sewage, wastewater,
recycled water, and stormwater.
(h) The surveillance, prevention, abatement, and control of pests,
vectors, and vectorborne diseases.
(i) The acquisition, construction, improvement, and maintenance,
including, but not limited to, street sweeping and snow removal, of
public streets, roads, bridges, highways, rights-of-way, easements,
and any incidental works.
(j) The acquisition, construction, improvement, maintenance, and
operation of street lighting and landscaping on public property,
rights-of-way, and easements.
(k) The collection, transfer, handling, and disposal of solid
waste, including, but not limited to, source reduction, recycling,
and composting.
(l) Funding for land use planning within the county service area
by a planning agency established pursuant to Article 1 (commencing
with Section 65100) of Chapter 3 of Title 7, including, but not
limited to, an area planning commission.
(m) Soil conservation.
(n) Animal control.
(o) Funding for the services of a municipal advisory council
established pursuant to Section 31010.
(p) Transportation.
(q) Geologic hazard abatement on public or private property or
structures where the board of supervisors determines that it is in
the public interest to abate geologic hazards.
(r) Cemeteries.
(s) The conversion of existing overhead electrical and
communications facilities, with the consent of the public agency or
public utility that owns the facilities, to underground locations
pursuant to Chapter 28 (commencing with Section 5896.1) of Part 3 of
Division 7 of the Streets and Highways Code.
(t) Emergency medical services.
(u) Airports.
(v) Flood control and drainage.
(w) The acquisition, construction, improvement, maintenance, and
operation of community facilities, including, but not limited to,
cultural facilities, child care centers, community centers,
libraries, museums, and theaters.
(x) Open-space and habitat conservation, including, but not
limited to, the acquisition, preservation, maintenance, and operation
of land to protect unique, sensitive, threatened, or endangered
species, or historical or culturally significant properties. Any
setback or buffer requirements to protect open-space or habitat lands
shall be owned by a public agency and maintained by the county
service area so as not to infringe on the customary husbandry
practices of any neighboring commercially productive agricultural,
timber, or livestock operations.
(y) The abatement of graffiti.
(z) The abatement of weeds and rubbish.
25213.1. In the County of Lassen, a county service area may be
formed to purchase electrical energy generated within the boundaries
of the county, and the board may enter into contracts for the sale of
that energy at wholesale rates to any public agency or public
utility engaged in the sale or use of electrical energy.
25213.2. (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.
(b) 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 Article 4.6.
(c) No assessment shall be imposed on any parcel that exceeds the
reasonable cost of the proportional special benefit conferred on that
parcel.
(d) The board 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.
(e) The board 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.
(f) In ascertaining parcels to be included in this county service
area, the board shall use data gathered by the Napa County Flood
Control and Water Conservation District.
(g) Vineyard property owners who present proof to the board 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.
25213.3. In the County of Orange, a county service area that is the
successor to a dissolved harbor improvement district may exercise
the powers of a harbor improvement district pursuant to Part 2
(commencing with Section 5800) of Division 8 of the Harbors and
Navigation Code.
25213.4. (a) In the County of San Bernardino, a county service area
in whose territory all or any portion of the redevelopment project
area referenced in subdivision (e) of Section 33492.41 of the Health
and Safety Code is located may locate, construct, and maintain
facilities and infrastructure for sewer and water pipelines or other
facilities for sewer transmission and water supply or distribution
systems along and across any street or public highway and on any
lands that are now or hereafter owned by the state, for the purpose
of providing facilities or services related to development, as
defined in subdivision (e) of Section 56426, to, or in that portion
of, the redevelopment project area that, as of January 1, 2000, meets
all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
(b) The facilities or services related to development may be
provided by the county service area to all or any portion of the area
defined in paragraphs (1) to (4), inclusive, of subdivision (a).
Notwithstanding any other provision of this code, building
ordinances, zoning ordinances, and any other local ordinances, rules,
and regulations of a city or other political subdivision of the
state shall not apply to the location, construction, or maintenance
of facilities or services related to development pursuant to this
section.
25213.5. (a) If the board desires to exercise a latent power, the
board shall first receive the approval of the local agency formation
commission, pursuant to Article 1 (commencing with Section 56824.10)
of Chapter 5 of Part 3 of Division 3.
(b) Notwithstanding subdivision (a) of Section 56824.14, the local
agency formation commission shall not, after a public hearing called
and held for the purpose pursuant to subdivisions (b) and (c) of
Section 56824.14, approve a county service area's proposal to
exercise a latent power if the local agency formation commission
determines that another local agency already provides substantially
similar services or facilities to the territory where the county
service area proposes to exercise that latent power.
(c) After receiving the approval of the local agency formation
commission, the county service area may exercise that latent power.
Within 30 days of the adoption of that resolution, the clerk of the
board shall mail a copy of the resolution to the local area formation
commission.
25213.6. (a) If a board desires to divest a county service area of
the authority to provide a service or facility, the board shall adopt
a resolution of intention. The resolution of intention shall:
(1) State the number or name of the county service area.
(2) Generally describe the territory within the county service
area.
(3) Specify the services and facilities that the board proposes to
terminate.
(4) Identify the public agency, if any, that would be required to
provide a new or higher level of services and facilities if the board
divests the power to provide those services and facilities.
(5) Fix the date, time, and place for a hearing on the question of
divesting the power to provide those services and facilities. The
hearing date shall be not less than 30 days nor more than 60 days
from the adoption of the resolution of intention.
(b) The clerk of the board of supervisors shall publish notice of
the hearing pursuant to Section 6061. The clerk of the board shall
also mail the notice of the hearing at least 15 days before the
hearing to the local agency formation commission and to any public
agency that would be required to provide a new or higher level of
services and facilities.
(c) At the hearing, the board shall consider all written and oral
testimony. At the conclusion of the hearing, the board shall take one
of the following actions:
(1) Adopt a resolution to abandon the proceedings.
(2) If the proposed divestiture would not require another public
agency other than the county to provide a new or higher level of
services or facilities, the board may adopt a resolution that divests
the county service area of the power to provide those services or
facilities.
(3) If the proposed divestiture would require another public
agency to provide a new or higher level of services or facilities,
the board shall first seek the approval of the local agency formation
commission. To the extent feasible, the local agency formation
commission shall proceed pursuant to Article 1.5 (commencing with
Section 56824.10) of Chapter 5 of Part 3 of Division 3. After
receiving the approval of the local agency formation commission, the
board may adopt a resolution that divests the county service area of
the power to provide those services or facilities.
(d) If the board adopts a resolution that divests a county service
area of the power to provide a service or facility, the clerk of the
board of supervisors shall mail a copy of that resolution to the
local agency formation commission within 30 days of the date of
adoption of the resolution.
25213. A county service area may provide any governmental services
and facilities within the county service area that the county is
authorized to perform and that the county does not perform to the
same extent on a countywide basis, including, but not limited to,
services and facilities for any of the following:
(a) Law enforcement and police protection.
(b) Fire protection, fire suppression, vegetation management,
search and rescue, hazardous material emergency response, and
ambulances.
(c) Recreation, including, but not limited to, parks, parkways,
and open space.
(d) Libraries.
(e) Television translator stations and low-power television
services.
(f) Supplying water for any beneficial uses.
(g) The collection, treatment, or disposal of sewage, wastewater,
recycled water, and stormwater.
(h) The surveillance, prevention, abatement, and control of pests,
vectors, and vectorborne diseases.
(i) The acquisition, construction, improvement, and maintenance,
including, but not limited to, street sweeping and snow removal, of
public streets, roads, bridges, highways, rights-of-way, easements,
and any incidental works.
(j) The acquisition, construction, improvement, maintenance, and
operation of street lighting and landscaping on public property,
rights-of-way, and easements.
(k) The collection, transfer, handling, and disposal of solid
waste, including, but not limited to, source reduction, recycling,
and composting.
(l) Funding for land use planning within the county service area
by a planning agency established pursuant to Article 1 (commencing
with Section 65100) of Chapter 3 of Title 7, including, but not
limited to, an area planning commission.
(m) Soil conservation.
(n) Animal control.
(o) Funding for the services of a municipal advisory council
established pursuant to Section 31010.
(p) Transportation.
(q) Geologic hazard abatement on public or private property or
structures where the board of supervisors determines that it is in
the public interest to abate geologic hazards.
(r) Cemeteries.
(s) The conversion of existing overhead electrical and
communications facilities, with the consent of the public agency or
public utility that owns the facilities, to underground locations
pursuant to Chapter 28 (commencing with Section 5896.1) of Part 3 of
Division 7 of the Streets and Highways Code.
(t) Emergency medical services.
(u) Airports.
(v) Flood control and drainage.
(w) The acquisition, construction, improvement, maintenance, and
operation of community facilities, including, but not limited to,
cultural facilities, child care centers, community centers,
libraries, museums, and theaters.
(x) Open-space and habitat conservation, including, but not
limited to, the acquisition, preservation, maintenance, and operation
of land to protect unique, sensitive, threatened, or endangered
species, or historical or culturally significant properties. Any
setback or buffer requirements to protect open-space or habitat lands
shall be owned by a public agency and maintained by the county
service area so as not to infringe on the customary husbandry
practices of any neighboring commercially productive agricultural,
timber, or livestock operations.
(y) The abatement of graffiti.
(z) The abatement of weeds and rubbish.
25213.1. In the County of Lassen, a county service area may be
formed to purchase electrical energy generated within the boundaries
of the county, and the board may enter into contracts for the sale of
that energy at wholesale rates to any public agency or public
utility engaged in the sale or use of electrical energy.
25213.2. (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.
(b) 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 Article 4.6.
(c) No assessment shall be imposed on any parcel that exceeds the
reasonable cost of the proportional special benefit conferred on that
parcel.
(d) The board 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.
(e) The board 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.
(f) In ascertaining parcels to be included in this county service
area, the board shall use data gathered by the Napa County Flood
Control and Water Conservation District.
(g) Vineyard property owners who present proof to the board 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.
25213.3. In the County of Orange, a county service area that is the
successor to a dissolved harbor improvement district may exercise
the powers of a harbor improvement district pursuant to Part 2
(commencing with Section 5800) of Division 8 of the Harbors and
Navigation Code.
25213.4. (a) In the County of San Bernardino, a county service area
in whose territory all or any portion of the redevelopment project
area referenced in subdivision (e) of Section 33492.41 of the Health
and Safety Code is located may locate, construct, and maintain
facilities and infrastructure for sewer and water pipelines or other
facilities for sewer transmission and water supply or distribution
systems along and across any street or public highway and on any
lands that are now or hereafter owned by the state, for the purpose
of providing facilities or services related to development, as
defined in subdivision (e) of Section 56426, to, or in that portion
of, the redevelopment project area that, as of January 1, 2000, meets
all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
(b) The facilities or services related to development may be
provided by the county service area to all or any portion of the area
defined in paragraphs (1) to (4), inclusive, of subdivision (a).
Notwithstanding any other provision of this code, building
ordinances, zoning ordinances, and any other local ordinances, rules,
and regulations of a city or other political subdivision of the
state shall not apply to the location, construction, or maintenance
of facilities or services related to development pursuant to this
section.
25213.5. (a) If the board desires to exercise a latent power, the
board shall first receive the approval of the local agency formation
commission, pursuant to Article 1 (commencing with Section 56824.10)
of Chapter 5 of Part 3 of Division 3.
(b) Notwithstanding subdivision (a) of Section 56824.14, the local
agency formation commission shall not, after a public hearing called
and held for the purpose pursuant to subdivisions (b) and (c) of
Section 56824.14, approve a county service area's proposal to
exercise a latent power if the local agency formation commission
determines that another local agency already provides substantially
similar services or facilities to the territory where the county
service area proposes to exercise that latent power.
(c) After receiving the approval of the local agency formation
commission, the county service area may exercise that latent power.
Within 30 days of the adoption of that resolution, the clerk of the
board shall mail a copy of the resolution to the local area formation
commission.
25213.6. (a) If a board desires to divest a county service area of
the authority to provide a service or facility, the board shall adopt
a resolution of intention. The resolution of intention shall:
(1) State the number or name of the county service area.
(2) Generally describe the territory within the county service
area.
(3) Specify the services and facilities that the board proposes to
terminate.
(4) Identify the public agency, if any, that would be required to
provide a new or higher level of services and facilities if the board
divests the power to provide those services and facilities.
(5) Fix the date, time, and place for a hearing on the question of
divesting the power to provide those services and facilities. The
hearing date shall be not less than 30 days nor more than 60 days
from the adoption of the resolution of intention.
(b) The clerk of the board of supervisors shall publish notice of
the hearing pursuant to Section 6061. The clerk of the board shall
also mail the notice of the hearing at least 15 days before the
hearing to the local agency formation commission and to any public
agency that would be required to provide a new or higher level of
services and facilities.
(c) At the hearing, the board shall consider all written and oral
testimony. At the conclusion of the hearing, the board shall take one
of the following actions:
(1) Adopt a resolution to abandon the proceedings.
(2) If the proposed divestiture would not require another public
agency other than the county to provide a new or higher level of
services or facilities, the board may adopt a resolution that divests
the county service area of the power to provide those services or
facilities.
(3) If the proposed divestiture would require another public
agency to provide a new or higher level of services or facilities,
the board shall first seek the approval of the local agency formation
commission. To the extent feasible, the local agency formation
commission shall proceed pursuant to Article 1.5 (commencing with
Section 56824.10) of Chapter 5 of Part 3 of Division 3. After
receiving the approval of the local agency formation commission, the
board may adopt a resolution that divests the county service area of
the power to provide those services or facilities.
(d) If the board adopts a resolution that divests a county service
area of the power to provide a service or facility, the clerk of the
board of supervisors shall mail a copy of that resolution to the
local agency formation commission within 30 days of the date of
adoption of the resolution.
25213. A county service area may provide any governmental services
and facilities within the county service area that the county is
authorized to perform and that the county does not perform to the
same extent on a countywide basis, including, but not limited to,
services and facilities for any of the following:
(a) Law enforcement and police protection.
(b) Fire protection, fire suppression, vegetation management,
search and rescue, hazardous material emergency response, and
ambulances.
(c) Recreation, including, but not limited to, parks, parkways,
and open space.
(d) Libraries.
(e) Television translator stations and low-power television
services.
(f) Supplying water for any beneficial uses.
(g) The collection, treatment, or disposal of sewage, wastewater,
recycled water, and stormwater.
(h) The surveillance, prevention, abatement, and control of pests,
vectors, and vectorborne diseases.
(i) The acquisition, construction, improvement, and maintenance,
including, but not limited to, street sweeping and snow removal, of
public streets, roads, bridges, highways, rights-of-way, easements,
and any incidental works.
(j) The acquisition, construction, improvement, maintenance, and
operation of street lighting and landscaping on public property,
rights-of-way, and easements.
(k) The collection, transfer, handling, and disposal of solid
waste, including, but not limited to, source reduction, recycling,
and composting.
(l) Funding for land use planning within the county service area
by a planning agency established pursuant to Article 1 (commencing
with Section 65100) of Chapter 3 of Title 7, including, but not
limited to, an area planning commission.
(m) Soil conservation.
(n) Animal control.
(o) Funding for the services of a municipal advisory council
established pursuant to Section 31010.
(p) Transportation.
(q) Geologic hazard abatement on public or private property or
structures where the board of supervisors determines that it is in
the public interest to abate geologic hazards.
(r) Cemeteries.
(s) The conversion of existing overhead electrical and
communications facilities, with the consent of the public agency or
public utility that owns the facilities, to underground locations
pursuant to Chapter 28 (commencing with Section 5896.1) of Part 3 of
Division 7 of the Streets and Highways Code.
(t) Emergency medical services.
(u) Airports.
(v) Flood control and drainage.
(w) The acquisition, construction, improvement, maintenance, and
operation of community facilities, including, but not limited to,
cultural facilities, child care centers, community centers,
libraries, museums, and theaters.
(x) Open-space and habitat conservation, including, but not
limited to, the acquisition, preservation, maintenance, and operation
of land to protect unique, sensitive, threatened, or endangered
species, or historical or culturally significant properties. Any
setback or buffer requirements to protect open-space or habitat lands
shall be owned by a public agency and maintained by the county
service area so as not to infringe on the customary husbandry
practices of any neighboring commercially productive agricultural,
timber, or livestock operations.
(y) The abatement of graffiti.
(z) The abatement of weeds and rubbish.
25213.1. In the County of Lassen, a county service area may be
formed to purchase electrical energy generated within the boundaries
of the county, and the board may enter into contracts for the sale of
that energy at wholesale rates to any public agency or public
utility engaged in the sale or use of electrical energy.
25213.2. (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.
(b) 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 Article 4.6.
(c) No assessment shall be imposed on any parcel that exceeds the
reasonable cost of the proportional special benefit conferred on that
parcel.
(d) The board 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.
(e) The board 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.
(f) In ascertaining parcels to be included in this county service
area, the board shall use data gathered by the Napa County Flood
Control and Water Conservation District.
(g) Vineyard property owners who present proof to the board 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.
25213.3. In the County of Orange, a county service area that is the
successor to a dissolved harbor improvement district may exercise
the powers of a harbor improvement district pursuant to Part 2
(commencing with Section 5800) of Division 8 of the Harbors and
Navigation Code.
25213.4. (a) In the County of San Bernardino, a county service area
in whose territory all or any portion of the redevelopment project
area referenced in subdivision (e) of Section 33492.41 of the Health
and Safety Code is located may locate, construct, and maintain
facilities and infrastructure for sewer and water pipelines or other
facilities for sewer transmission and water supply or distribution
systems along and across any street or public highway and on any
lands that are now or hereafter owned by the state, for the purpose
of providing facilities or services related to development, as
defined in subdivision (e) of Section 56426, to, or in that portion
of, the redevelopment project area that, as of January 1, 2000, meets
all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
(b) The facilities or services related to development may be
provided by the county service area to all or any portion of the area
defined in paragraphs (1) to (4), inclusive, of subdivision (a).
Notwithstanding any other provision of this code, building
ordinances, zoning ordinances, and any other local ordinances, rules,
and regulations of a city or other political subdivision of the
state shall not apply to the location, construction, or maintenance
of facilities or services related to development pursuant to this
section.
25213.5. (a) If the board desires to exercise a latent power, the
board shall first receive the approval of the local agency formation
commission, pursuant to Article 1 (commencing with Section 56824.10)
of Chapter 5 of Part 3 of Division 3.
(b) Notwithstanding subdivision (a) of Section 56824.14, the local
agency formation commission shall not, after a public hearing called
and held for the purpose pursuant to subdivisions (b) and (c) of
Section 56824.14, approve a county service area's proposal to
exercise a latent power if the local agency formation commission
determines that another local agency already provides substantially
similar services or facilities to the territory where the county
service area proposes to exercise that latent power.
(c) After receiving the approval of the local agency formation
commission, the county service area may exercise that latent power.
Within 30 days of the adoption of that resolution, the clerk of the
board shall mail a copy of the resolution to the local area formation
commission.
25213.6. (a) If a board desires to divest a county service area of
the authority to provide a service or facility, the board shall adopt
a resolution of intention. The resolution of intention shall:
(1) State the number or name of the county service area.
(2) Generally describe the territory within the county service
area.
(3) Specify the services and facilities that the board proposes to
terminate.
(4) Identify the public agency, if any, that would be required to
provide a new or higher level of services and facilities if the board
divests the power to provide those services and facilities.
(5) Fix the date, time, and place for a hearing on the question of
divesting the power to provide those services and facilities. The
hearing date shall be not less than 30 days nor more than 60 days
from the adoption of the resolution of intention.
(b) The clerk of the board of supervisors shall publish notice of
the hearing pursuant to Section 6061. The clerk of the board shall
also mail the notice of the hearing at least 15 days before the
hearing to the local agency formation commission and to any public
agency that would be required to provide a new or higher level of
services and facilities.
(c) At the hearing, the board shall consider all written and oral
testimony. At the conclusion of the hearing, the board shall take one
of the following actions:
(1) Adopt a resolution to abandon the proceedings.
(2) If the proposed divestiture would not require another public
agency other than the county to provide a new or higher level of
services or facilities, the board may adopt a resolution that divests
the county service area of the power to provide those services or
facilities.
(3) If the proposed divestiture would require another public
agency to provide a new or higher level of services or facilities,
the board shall first seek the approval of the local agency formation
commission. To the extent feasible, the local agency formation
commission shall proceed pursuant to Article 1.5 (commencing with
Section 56824.10) of Chapter 5 of Part 3 of Division 3. After
receiving the approval of the local agency formation commission, the
board may adopt a resolution that divests the county service area of
the power to provide those services or facilities.
(d) If the board adopts a resolution that divests a county service
area of the power to provide a service or facility, the clerk of the
board of supervisors shall mail a copy of that resolution to the
local agency formation commission within 30 days of the date of
adoption of the resolution.
