California Legislature—2013–14 Regular Session

Assembly BillNo. 1995


Introduced by Assembly Member Levine

February 20, 2014


An act to amend Section 61105 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1995, as introduced, Levine. Community service districts: covenants, conditions, and restrictions: enforcement.

The Community Services District Law authorizes the establishment of community services districts to provide various services to the geographic area within each district, and further authorizes specified community services districts to enforce covenants, conditions, and restrictions within that district, as provided.

This bill would allow the Bel Marin Keys Community Services District to enforce covenants, conditions, and restrictions within that district, as provided.

This bill would make legislative findings and declarations as to the necessity of a special statute.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 61105 of the Government Code is
2amended to read:

3

61105.  

(a) The Legislature finds and declares that the unique
4circumstances that exist in certain communities justify the
P2    1enactment of special statutes for specific districts. In enacting this
2section, the Legislature intends to provide specific districts with
3special statutory powers to provide special services and facilities
4that are not available to other districts.

5(b) (1) The Los Osos Community Services District may borrow
6money from public or private lenders and lend those funds to
7property owners within the district to pay for the costs of
8decommissioning septic systems and constructing lateral
9connections on private property to facilitate the connection of those
10properties to the district’s wastewater treatment system. The district
11shall lend money for this purpose at rates not to exceed its cost of
12borrowing and the district’s cost of making the loans. The district
13may require that the borrower pay the district’s reasonable
14attorney’s fees and administrative costs in the event that the district
15is required to take legal action to enforce the provisions of the
16contract or note securing the loan. The district may elect to have
17the debt payments or any delinquency collected on the tax roll
18pursuant to Section 61116. To secure the loan as a lien on real
19property, the district shall follow the procedures for the creation
20of special tax liens in Section 53328.3 of this code and Section
213114.5 of the Streets and Highways Code.

22(2) (A) (i) Except as otherwise provided in this paragraph, on
23and after January 1, 2007, the Los Osos Community Services
24District shall not undertake any efforts to design, construct, and
25operate a community wastewater collection and treatment system
26within, or for the benefit of, the district. The district shall resume
27those powers on the date specified in any resolution adopted
28pursuant to subdivision (l) of Section 25825.5.

29(ii) Upon resuming the powers pursuant to subdivision (i), the
30Los Osos Community Services District may continue the program
31to offset assessments or charges for very low or low-income
32households with funding sources, including, but not limited to,
33grants, adopted pursuant to subdivision (g) of Section 25825.5. If
34the county has not implemented that program, the Los Osos
35Community Services District may adopt a program that complies
36with subdivision (g) of Section 25825.5 to offset assessments or
37charges for very low or low-income households. The Los Osos
38Community Services District shall not include in an assessment
39or charge an amount to cover the costs to the county in carrying
40out the offset program.

P3    1(B) Nothing in this paragraph shall affect the district’s power
2to do any of the following:

3(i) Operate wastewater collection and treatment facilities within
4the district that the district was operating on January 1, 2006.

5(ii) Provide facilities and services in the territory that is within
6the district, but outside the prohibition zone.

7(iii) Provide facilities and services, other than wastewater
8collection and treatment, within the prohibition zone.

9(C) Promptly upon the adoption of a resolution by the Board of
10Supervisors of the County of San Luis Obispo requesting this
11action pursuant to subdivision (i) of Section 25825.5, the district
12shall convey to the County of San Luis Obispo all retained
13rights-of-way, licenses, other interests in real property, funds, and
14other personal property previously acquired by the district in
15connection with construction projects for which the district awarded
16contracts in 2005.

17(c) The Heritage Ranch Community Services District may
18acquire, construct, improve, maintain, and operate petroleum
19storage tanks and related facilities for its own use, and sell those
20petroleum products to the district’s property owners, residents,
21and visitors. The authority granted by this subdivision shall expire
22when a private person or entity is ready, willing, and able to
23acquire, construct, improve, maintain, and operate petroleum
24storage tanks and related facilities, and sell those petroleum
25products to the district and its property owners, residents, and
26visitors. At that time, the district shall either (1) diligently transfer
27its title, ownership, maintenance, control, and operation of those
28petroleum tanks and related facilities at a fair market value to that
29private person or entity, or (2) lease the operation of those
30petroleum tanks and related facilities at a fair market value to that
31private person or entity.

32(d) The Wallace Community Services District may acquire,
33own, maintain, control, or operate the underground gas distribution
34pipeline system located and to be located within Wallace Lake
35Estates for the purpose of allowing a privately owned provider of
36liquefied petroleum gas to use the underground gas distribution
37system pursuant to a mutual agreement between the private
38provider and the district or the district’s predecessor in interest.
39The district shall require and receive payment from the private
40provider for the use of that system. The authority granted by this
P4    1subdivision shall expire when the Pacific Gas and Electric
2Company is ready, willing, and able to provide natural gas service
3to the residents of Wallace Lake Estates. At that time, the district
4shall diligently transfer its title, ownership, maintenance, control,
5and operation of the system to the Pacific Gas and Electric
6Company.

7(e) The Cameron Park Community Services District, the El
8Dorado Hills Community Services District, the Golden Hills
9Community Services District, the Mountain House Community
10Services District, the Rancho Murieta Community Services District,
11the Salton Community Services District, the Stallion Springs
12Community Services District,begin delete andend delete the Tenaja Meadows Community
13Services District,begin insert and the Bel Marin Keys Community Services
14District,end insert
which enforced covenants, conditions, and restrictions
15prior to January 1, 2006, pursuant to former Section 61601.7 and
16former Section 61601.10, may continue to exercise the powers set
17forth in former Section 61601.7 and former Section 61601.10.

18(f) The Bear Valley Community Services District, the Bell
19Canyon Community Services District, the Cameron Estates
20Community Services District, the Lake Sherwood Community
21Services District, the Saddle Creek Community Services District,
22the Wallace Community Services District, and the Santa Rita Hills
23Community Services District may, for roads owned by the district
24and that are not formally dedicated to or kept open for use by the
25public for the purpose of vehicular travel, by ordinance, limit access
26to and the use of those roads to the landowners and residents of
27that district.

28(g) Notwithstanding any other provision of law, the transfer of
29the assets of the Stonehouse Mutual Water Company, including
30its lands, easements, rights, and obligations to act as sole agent of
31the stockholders in exercising the riparian rights of the
32stockholders, and rights relating to the ownership, operation, and
33maintenance of those facilities serving the customers of the
34company, to the Hidden Valley Lake Community Services District
35is not a transfer subject to taxes imposed by Part 11 (commencing
36with Section 23001) of Division 2 of the Revenue and Taxation
37Code.

38(h) The El Dorado Hills Community Services District and the
39Rancho Murieta Community Services District may each acquire,
40construct, improve, maintain, and operate television receiving,
P5    1translating, or distribution facilities, provide television and
2television-related services to the district and its residents, or
3authorize the construction and operation of a cable television
4system to serve the district and its residents by franchise or license.
5In authorizing the construction and operation of a cable television
6system by franchise or license, the district shall have the same
7powers as a city or county under Section 53066.

8(i) The Mountain House Community Services District may
9provide facilities for television and telecommunications systems,
10including the installation of wires, cables, conduits, fiber optic
11lines, terminal panels, service space, and appurtenances required
12to provide television, telecommunication, and data transfer services
13to the district and its residents, and provide facilities for a cable
14television system, including the installation of wires, cables,
15conduits, and appurtenances to service the district and its residents
16by franchise or license, except that the district may not provide or
17install any facilities pursuant to this subdivision unless one or more
18cable franchises or licenses have been awarded under Section
1953066 and the franchised or licensed cable television and
20telecommunications services providers are permitted equal access
21to the utility trenches, conduits, service spaces, easements, utility
22 poles, and rights-of-way in the district necessary to construct their
23facilities concurrently with the construction of the district’s
24facilities. The district shall not have the authority to operate
25television, cable, or telecommunications systems, except as
26provided in Section 61100. The district shall have the same powers
27as a city or county under Section 53066 in granting a franchise or
28license for the operation of a cable television system.

29

SEC. 2.  

The Legislature finds and declares that a special law
30is necessary and that a general law cannot be made applicable
31within the meaning of Section 16 of Article IV of the California
32Constitution because of the unique circumstances facing the Bel
33Marin Keys Community Services District.



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