SECTIONS 25330-25338 - California Statutes

GOVERNMENT CODE

SECTION 25330-25338

25330. The Legislature finds that counties are faced with critical
revenue shortages and a need to provide and maintain vital public
services that the public wants and needs.
The Legislature finds that many counties have employees who
possess expertise, education, and training that enables these
employees to be considered experts within their respective areas of
service to the public.
The Legislature finds that counties which employ these
individuals, if permitted to contract with the public to share their
employees' expertise, could receive additional revenue sources for
the benefit of the county employing these individuals, and aid the
economic well-being of the state generally.
The Legislature finds that counties currently provide many
services efficiently and effectively, and by increasing or enhancing
these services to the public, would further increase the utilization
of existing resources and staff, and may, in some instances, permit
reducing the counties' cost per unit of providing services to the
public.
Therefore, the Legislature finds that permitting counties to
provide optional services and enhanced services that the public
wants, needs, and will hire serves a valid public purpose.

25331. It is the intent of the Legislature that the fees or charges
authorized by this chapter are for optional services that the public
may or may not choose to purchase, and are not taxes for the
purposes of Article XIII A of the California Constitution.

25332. (a) The Boards of Supervisors of Butte, Kings, Los Angeles,
Merced, Orange, Riverside, San Bernardino, Santa Clara, Sonoma, and
Ventura Counties may enter into contracts with private enterprise to
provide services that require special experience, education, and
training that the county possesses. In addition, the Boards of
Supervisors of Butte, Kings, Los Angeles, Merced, Orange, Riverside,
San Bernardino, Santa Clara, Sonoma, and Ventura Counties may charge
a fee for these optional services and enhanced services provided to
the public that require special experience, education, training, or
facilities that the county possesses.
(b) These services shall be limited to the performance of
maintenance and construction services, production and dissemination
of training materials, leasing of training facilities, or provision
of training or consulting services resulting from the special or
unique experiences derived from the magnitude, diversity, or
distinctive nature of the county's services such as law enforcement,
fire protection, public health care, welfare and public social
programs, and public works projects, and the acquisition and
management of real and personal property.
(c) Prior to entering into a contract pursuant to this section,
the board of supervisors shall find, based on evidence in record,
that the provision of the special service described in the proposed
contract will not adversely impact the provision of similar services
by private sector companies or individuals within the county.

25333. The board of supervisors may approve a contract or new fee
only after conducting a public hearing as a part of a regularly held
meeting of the board of supervisors. Notice of the time and place of
the meeting, including a general description of the matter under
consideration, shall be mailed to any person requesting the notice at
least 10 days prior to the meeting.

25334. Persons interested in receiving notice of the public hearing
held pursuant to Section 25333 shall file a written request with the
clerk of the board of supervisors, and pay a fee to cover the county'
s cost of providing each notice.

25335. Any contract entered into pursuant to this chapter shall be
authorized by a resolution of the board of supervisors.

25336. Any fee adopted by the board of supervisors pursuant to this
chapter shall be adopted by ordinance. Prior to adopting the fee,
the board of supervisors shall make a finding that the following
circumstances exist:
(a) The county has sufficient resources and capability available
to provide the optional services or enhanced services without
negatively affecting the quality of the existing services.
(b) The offering of the optional services or enhanced services
will not disadvantage those in need of the basic services who opt not
to purchase the optional services or the enhanced services.
(c) The public benefit of providing the optional service or
enhanced service is sufficient to undertake the program.
(d) The fee charged is based on the cost or value of the services
rendered.

25337. The procedures, pursuant to this chapter, are alternative to
any other procedure provided by law with respect to the
establishment of fees or charges, execution of contracts, or the
publication of notices thereof. These procedures may be used by a
county notwithstanding any other provision of law and without
complying with any other provisions in conflict therewith. Nothing in
this chapter shall amend, alter, or modify the obligations of a
county to comply with provisions of state law relating to labor
negotiations or any existing memoranda of agreement with bargaining
units.

25338. The services to be provided by the county pursuant to this
chapter shall not include any of the following:
(a) Services provided pursuant to Chapter 10 (commencing with
Section 4525) of Title 1 of Division 5.
(b) Services that are provided to cities by the county pursuant to
service agreements under Section 51350 or services that are provided
to other public agencies by the county pursuant to charter or other
provisions.
(c) Supplemental law enforcement services pursuant to Section
53069.8.
(d) Services related to construction projects that are required to
be competitively bid pursuant to Chapter 1 (commencing with Section
20100) of Part 3 of Division 2 of the Public Contract Code.
(e) Services that require a license pursuant to Part 1 (commencing
with Section 10000) of Division 4 of the Business and Professions
Code.
(f) Services involving the actual construction, reconstruction,
painting, repainting, furnishing, or refurnishing of a building or
other structure.