Amended in Senate July 1, 2015

Amended in Assembly May 5, 2015

Amended in Assembly April 27, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 3

Introduced by Assembly Member Williams

December 1, 2014

An act to add Part 4 (commencing with Section 61250) to Division 3 of Title 6 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 3, as amended, Williams. Isla Vista Community Services District.

The Community Services District Law authorizes the establishment of community services districts and specifies the powers of those districts including, among others, the power to acquire, construct, improve, maintain, and operate community facilities, as specified. Existing law authorizes the formation of the Isla Vista College Community Services District within the unincorporated area of Santa Barbara County known as Isla Vista for the performance of various services, including, but not limited, to public parks, police protection, and transportation facilities.

This bill would authorize the establishment of the Isla Vista Community Services District by requiring the begin delete board end delete begin insert Board end insert of begin delete supervisors end delete begin insert Supervisors end insert of the County of Santa Barbara to begin insert submit a resolution of application to the Santa Barbara County Local Agency Formation Commission, and end insert place the question of whether the district should be established on the ballot at the next countywide election. By imposing new duties on the County of Santa Barbara, this bill would impose a state-mandated local program. The bill would require the district, if established, to place the question of the imposition of a utility user tax on the ballot, and would provide that if a utility user tax is not passed by the voters of the district on or before January 1, begin delete 2027, end delete begin insert 2023, end insert the district would be dissolved. The bill would set forth the board of directors of the district and would specify the services that district would be authorized to provide, including, among others, the power to create a tenant mediation program and to exercise the powers of a parking district.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Isla Vista Community Services District.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The Isla Vista community encompasses a population of begin delete over
20,000 end delete begin insert approximately 15,000 end insert residents situated within begin delete an area
comprising of less than one end delete begin insert approximately a half end insert square mile of
land in Santa Barbara County. It is adjacent to the University of
California, Santa Barbara (UCSB) campus and its student
begin delete population end delete begin insert population, of which approximately 8,000 students
reside in university owned housing end insert . Including university property,
the area totals about begin delete 1,500 end delete begin insert 1,200 end insert acres. Isla Vista represents one
of the largest urban communities in California not governed as a
city.

(b) Isla Vista faces various challenges in local governance. As
a university begin delete town, end delete begin insert community, end insert Isla Vista must accommodate the
service needs associated with its transient student population and
a predominantly renter-oriented community begin insert while balancing the
needs of local homeowners and long-term residents end insert . Isla Vista’s
situation is complicated by its unincorporated status, which limits
its local participation in managing public services and providing
needed public improvements.

(c) As an unincorporated area, various county agencies provide
services to the residents and businesses of Isla Vista. Since these
agencies must provide services throughout the whole county, Isla
Vista must compete for attention and funding for the services they
need. Isla Vista is represented at the county level by one of five
supervisors and is situated in the largest and most diverse
geographic begin insert supervisorial end insert district in the county. The Isla Vista
Recreation and Park District is the only local district providing
limited services exclusively to Isla Vista.

(d) There have been multiple attempts at achieving cityhood
for Isla Vista, however, begin delete insufficient tax revenue prevents cityhood
from being a viable solution. end delete begin insert cityhood has been denied for a variety
of reasons, including financial and political feasibility. end insert In 2003,
the Santa Barbara County Grand Jury found that establishing a
community services district would be the best governance option
to expand and improve services to Isla begin delete Vista end delete begin insert Vista, however, no
action was taken by the community at that time end insert .

(e) Over the last year, the Isla Vista community has been faced
with many challenges due to tragic events, including multiple
begin delete deaths end delete begin insert injuries end insert from students falling off cliffs, begin delete two end delete begin insert multiple end insert violent
sexual assaults, begin delete a riot, end delete begin insert riots, end insert a mass murder, and homicides that
have brought focus to the unique needs of Isla Vista that can only
be addressed by direct, local governance. Following these events,
a local coalition was formed to determine the best direction for
Isla Vista self-governance and the community services district has
garnered much local support.

(f) Additionally, following these events, many trustees on the
UC Santa Barbara Foundation Board expressed a strong desire to
support the chancellor and the university in efforts to create change
in Isla Vista, to ensure a safer and more enhanced community for
students. The UC Santa Barbara Foundation Trustees’ Advisory
Committee on Isla Vista Strategies was formed to analyze the
conditions and dynamics of Isla Vista and develop mid- and
long-term recommendations to establish a viable, safe, and
supportive environment. Among their recommendations is that the
State of California create a Community Services District/Municipal
Improvement District in Isla Vista with potential powers of
infrastructure, utilities, garbage, police services, parks, recreation,
cultural facilities, fire, security, and roads.

SEC. 2.  

Part 4 (commencing with Section 61250) is added to
Division 3 of Title 6 of the Government Code, to read:

 

PART 4.  Isla Vista Community Services District

 

61250.  

(a) Notwithstanding Chapter 2 (commencing with
Section 61010) of Part 1, the Isla Vista Community Services
District may be established in accordance with this part. All other
provisions of this division shall apply to the Isla Vista Community
Services District upon its establishment, except as provided in this
part.

begin insert

(b) (1) On or before January 5, 2016, the Board of Supervisors
of the County of Santa Barbara shall file a resolution of application
with the Santa Barbara County Local Agency Formation
Commission, pursuant to subdivision (a) of Section 56654, to
initiate a comprehensive review and recommendation of the
formation of the district by the Santa Barbara County Local Agency
Formation Commission. The board of supervisors shall pay any
fees associated with the resolution of application.

end insert begin insert

(2) The Santa Barbara County Local Agency Formation
Commission shall complete the review no later than 120 days
following receipt of the completed resolution of application.
Notwithstanding any other law, the Santa Barbara County Local
Agency Formation Commission shall not have the power to
disapprove the resolution of application.

end insert begin insert

(3) Notwithstanding any other law, the resolution of application
filed by the board of supervisors pursuant to this subdivision shall
not be subject to any protest proceedings.

end insert begin delete

(b)

end delete

begin insert (c) end insert  (1) (A) The board of supervisors begin delete of the County of Santa
Barbara end delete shall place the question of whether the Isla Vista
Community Services District shall be established on the ballot at
the next countywide begin delete election. end delete begin insert election following the completion
of the review pursuant to subdivision (b). end insert If a majority of voters
within the boundaries of the district, as specified in subdivision
(d), vote in favor of the district, the district shall be formed in
accordance with this part.

(B) The board of supervisors shall additionally place the
candidates for the five elected positions on the initial board of
directors of the district on the ballot at the same election at which
the question of whether to establish the district is placed on the
ballot.

(2) If the district is formed pursuant to paragraph (1), the board
begin insert of directors end insert of the district shall place a utility user tax on the ballot,
pursuant to paragraph (9) of subdivision (e). If the voters of the
district do not vote to impose a utility user tax within the district
on or before January 1, begin delete 2027, end delete begin insert 2023, end insert the district shall be dissolved
as of that date.

begin delete

(c)

end delete

begin insert (d) end insert  Notwithstanding Chapter 1 (commencing with Section
61020), Chapter 2 (commencing with Section 61025), and Chapter
3 (commencing with Section 61040) of Part 2, the board of begin delete the end delete
directors of the district shall be composed as follows:

(1)  begin insert (A) end insert begin insert   end insert Five members elected at large from within the district
begin delete for a term of four years. end delete begin insert as follows: end insert

begin insert

(B) Four members shall be elected for terms of four years. For
the first election of the board of directors of the district, two
members shall be elected for a term of two years and two members
shall be elected for a term of four years.

end insert begin insert

(C) One member shall be elected for a term of two years.

end insert

(2) One member appointed by the Board of Supervisors of the
County of Santa Barbara for a term of begin insert two years for the first
appointment following the creation of the district, and for a term
of end insert four years begin insert thereafter end insert .

(3) One member appointed by the Chancellor of the University
of California, Santa Barbara for a term of four years.

begin insert

(4) There shall be no limit on the number of terms any individual
may serve on the board of directors of the district, whether that
individual is appointed or elected.

end insert begin delete

(d)

end delete

begin insert (e) end insert  The boundaries of the district shall be contiguous with the
area known as County Service Area No. 31 within the County of
begin delete Santa Barbara and shall additionally include the University of
California, end delete Santa Barbara.

begin delete

(e)

end delete

begin insert (f) end insert  Section 61100 shall not apply to the district. The district
may, within its boundaries, do any of the following:

(1) Finance the operations of municipal advisory councils
formed pursuant to Section 31010.

(2) Create a tenant mediation program.

(3) Finance the operations of area planning commissions formed
pursuant to Section 65101.

(4) Exercise the powers of a parking district, in the same manner
as a parking district formed pursuant to the Parking District Law
of 1951 (Part 4 (commencing with Section 35100) of Division 18
of the Streets and Highways Code).

(5) Contract with the County of Santa Barbara or the Regents
of the University of California, or both, for additional police
protection services above the level of police protection services
already provided by either the County of Santa Barbara or the
Regents of the University of California within the area of the
district.

(6) Acquire, construct, improve, maintain, and operate
community facilities, including, but not limited to, community
centers, libraries, theaters, museums, cultural facilities, and child
care facilities.

(7) Acquire, construct, improve, and maintain sidewalks,
lighting, gutters, and trees. The district shall not acquire, construct,
improve, or maintain any work owned by another public agency
unless that other public agency gives its written consent.

(8) Abate graffiti.

(9) Levy a utility user tax at a rate specified by the begin delete governing end delete
board begin insert of directors end insert of the district pursuant to approval by a begin delete end delete begin delete 2⁄3 end delete
begin insert two-thirds end insert vote in accordance with Section 2 of Article XIII C of
the California Constitution.

begin delete

(f)

end delete

begin insert (g) end insert  The district shall not have the power to organize, promote,
conduct, or advertise programs of community recreation in the
same manner as the Isla Vista begin delete Parks end delete begin insert Recreation end insert and begin delete Recreation end delete
begin insert Park end insert District.

begin insert

(h) The district does not possess, and shall not exercise, the
power of eminent domain.

end insert begin delete

(g)

end delete

begin insert (i) end insert  As used in this part, the term “district” means the Isla Vista
Community Services District formed pursuant to this part.

SEC. 3.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique community needs in the Isla
Vista area that would be served by the Isla Vista Community
Services District.

SEC. 4.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.