Amended in Senate August 17, 2015

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 Board of Supervisors of the County of Santa Barbara to submit a resolution of application to the Santa Barbara County Local Agency Formation Commission, begin delete and end delete begin insert and, upon direction by the commission, end insert place the begin delete question end delete begin insert questions end insert of whether the district should be established begin insert and whether a utility user tax should be imposed end insert on the ballot at the next countywide election begin insert following the completion of the review by the commission end insert . By imposing new duties on the County of Santa Barbara, this bill would impose a state-mandated local program. The bill would begin delete require the district, if established, to place the question of the imposition of a utility user tax on the ballot, and would end delete provide that if a utility user tax is not passed by the voters of the district on or before January 1, 2023, 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
approximately 15,000 residents situated within approximately a
half square mile of land in Santa Barbara County. It is adjacent to
the University of California, Santa Barbara (UCSB) campus and
its student population, of which approximately 8,000 students
reside in university owned housing. Including university property,
the area totals about 1,200 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 community, Isla Vista must accommodate the service
needs associated with its transient student population and a
predominantly renter-oriented community while balancing the
needs of local homeowners and long-term residents. 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 supervisorial 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, cityhood has been denied for a variety of
reasons, including financial and political feasibility. 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 Vista, however, no action
was taken by the community at that time.

(e) Over the last year, the Isla Vista community has been faced
with many challenges due to tragic events, including multiple
injuries from students falling off cliffs, multiple violent sexual
assaults, riots, 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)  begin insert (1) end insert begin insert   end insert 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

(2) Except as provided in this part, the Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000 (Division 3
(commencing with Section 56000) of Title 5) shall govern any
change of organization or reorganization of the district following
the establishment of the district.

end 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.

(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.

(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.

(c) (1)  begin delete (A) The board of supervisors shall place the question
of whether the Isla Vista Community Services District shall be
established on the ballot at the next countywide end delete begin insert The Santa Barbara
County Local Agency Formation Commission shall order the
formation of the district subject to a vote of the registered voters
residing within the boundaries of the district, as those boundaries
are set forth in subdivision (e), at an end insert election following the
completion of the review pursuant to subdivision (b). 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.

begin delete

(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.

end delete begin delete

(2) If the district is formed pursuant to paragraph (1), the board
of directors 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, 2023, the district shall be dissolved as of
that date.

end delete begin insert

(2) (A) The Santa Barbara Local Agency Formation
Commission shall determine the appropriate rate of taxation for
a utility user tax, applicable utilities to be taxed, and which services
the district will be initially authorized to provide, pursuant to
subdivision (d) and paragraph (5) of subdivision (h). The rate shall
be no lower than 5 percent and no higher than 8 percent of the
total cost of an individual’s service charge for the utility being
taxed.

end insert begin insert

(B) The utility user tax shall only be applied to electricity,
garbage disposal, gas, sewage, or water services.

end insert begin insert

(C) The board of directors of the district shall, within six months
of the passage of a utility user tax, develop a low-income exemption
to provide tax exemptions to those who would be disproportionately
burdened by the utility user tax.

end insert begin insert

(3) If the voters of the district do not vote to impose a utility
user tax within the district on or before January 1, 2023, regardless
of whether the establishment of the district is approved by the
voters of the district, the district shall be dissolved as of that date.

end insert begin insert

(4) The Santa Barbara Local Agency Formation Commission
shall direct the Santa Barbara County Board of Supervisors to
direct county officials to conduct the necessary elections on behalf
of the proposed district and place the items on the ballot including
district approval, candidates for the district’s board, and the utility
user tax pursuant to subparagraph (A) of paragraph (2) at the
next countywide election, as provided in subdivision (f) of Section
61014.

end insert begin insert

(d) (1) The initial utility user tax imposed by the district shall
only be used to fund the following services and powers of the
district:

end insert begin insert

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

end insert begin insert

(B) Create a tenant mediation program.

end insert begin insert

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

end insert begin insert

(D) 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).

end insert begin insert

(E) 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.

end insert begin insert

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

end insert begin insert

(G) Acquire, construct, improve, and maintain sidewalks,
lighting, gutters, and trees above the level of service already
provided by either the County of Santa Barbara or County Service
Area 31. 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.

end insert begin insert

(H) Abate graffiti.

end insert begin insert

(2) This subdivision shall not be construed to limit the services
that may be funded by a tax imposed at a later date.

end insert begin delete

(d)

end delete

begin insert (e) end insert   begin insert (1) end insert begin insert   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
directors of the district shall be composed as follows:

begin delete (1) end delete begin delete   end delete (A)  begin insert (i) end insert begin insert   end insert Five members elected at large from within the
district as follows:

begin delete

(B)

end delete

begin insert (I) end insert  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.

begin delete

(C)

end delete

begin insert (II) end insert  One member shall be elected for a term of two years.

begin delete

(2)

end delete

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

begin delete

(3)

end delete

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

begin delete

(4)

end delete

begin insert (2) end insert   begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) The qualification of candidates for the initial board of
directors shall be conducted pursuant to the Uniform District
Election Law (Part 4 (commencing with Section 10500) of the
Elections Code).

end insert begin delete

(e)

end delete

begin insert (f) end insert  The boundaries of the district shall be contiguous with the
area known as County Service Area No. 31 within the County of
Santa Barbara.

begin insert

(g) The district shall have all the powers listed in Section 61100
except those powers specified in subdivision (e) and (f) the that
section.

end insert begin delete

(f)

end delete

begin insert (h) end insert   begin delete Section 61100 shall not apply to the district. The end delete begin insert In addition
to the powers in subdivision (g), the end insert district may, within its
boundaries, do any of the following:

begin delete

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

end delete begin delete

(2)

end delete

begin insert (1) end insert  Create a tenant mediation program.

begin delete

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

end delete begin delete

(4)

end delete

begin insert (2) end insert  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).

begin delete

(5)

end delete

begin insert (3) end insert  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.

begin delete

(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.

end delete begin delete

(7)

end delete

begin insert (4) end insert  Acquire, construct, improve, and maintain sidewalks,
lighting, gutters, and trees begin insert beyond the level of service provided by
either the County of Santa Barbara or County Service Area 31 end insert .
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.

begin delete

(8) Abate graffiti.

end delete begin delete

(9)

end delete

begin insert (5) end insert  Levy a utility user tax begin delete at a rate specified by end delete begin insert proposed by
resolution of end insert the board of directors of the district begin insert and end insert pursuant to
approval by a two-thirds vote in accordance with Section 2 of
Article XIII C of the California Constitution begin insert on the utilities of gas,
water, electricity, sewer, or garbage disposal services. A utility
user tax imposed by the district shall not apply to any utility
provided by a telecommunications service provider end insert .

begin delete

(g) 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 Recreation and Park District.

end delete begin delete

(h)

end delete

begin insert (i) end insert  The district does not possess, and shall not exercise, the
power of eminent domain.

begin delete

(i)

end delete

begin insert (j) 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.