Amended in Senate September 9, 2015

Amended in Senate September 4, 2015

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, and, upon direction by the commission, place the questions of whether the district should be established and whether a utility user tax should be imposed on the ballot at the next countywide election following the completion of the review by the commission. By imposing new duties on the County of Santa Barbara, this bill would impose a state-mandated local program. The bill would 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.

(d) The Isla Vista Recreation and Park District is the only local
district providing limited services exclusively to Isla Vista. Due
to its stewardship of protected wetlands and the coastline, as well
as the dwindling amount of available open space, the Isla Vista
Recreation and Park District should remain an independent district.

(e) 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.

(f) 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.

(g) 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.

(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 150 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) 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 begin delete (e), end delete begin insert (f), end insert at
an 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 begin delete (d), end delete begin insert (f), end insert vote in favor of the
district, the district shall be formed in accordance with this part.

(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 (g). 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.

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

(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.

(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.

(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:

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

(B) Create a tenant mediation program.

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

(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).

(E) Contract with the County of Santa Barbara or the Regents
of the University of California, or both, for additional police
protection services to supplement 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.

(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.

(G) Acquire, construct, improve, and maintain sidewalks,
lighting, gutters, and trees to supplement 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.

(H) Abate graffiti.

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

(e) (1) 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:

(A) Five members elected at large from within the district as
follows:

(i) 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.

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

(B) 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.

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

(2) (A) 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.

(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).

(f) The boundaries of the district shall be contiguous with the
area known as County Service Area No. 31 within the County of
Santa Barbara and shall exclude any property owned by the Regents
of the University of California within those boundaries.

(g) The district may, within its boundaries, do any of the
following:

(1) Create a tenant mediation program.

(2) 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).

(3) Contract with the County of Santa Barbara or the Regents
of the University of California, or both, for additional police
protection services to supplement 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.

(4) Acquire, construct, improve, and maintain sidewalks,
lighting, gutters, and trees to supplement the level of service
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.

(5) Levy a utility user tax proposed by resolution of the board
of directors of the district and pursuant to approval by a two-thirds
vote in accordance with Section 2 of Article XIII C of the California
Constitution 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.

(6) Contract with the County of Santa Barbara, the Santa Barbara
County Department of Planning and Development’s Code
Enforcement Program, or both, to provide Code Enforcement
services to supplement the level of service provided by either the
County of Santa Barbara or the Santa Barbara County Department
of Planning and Development’s Code Enforcement Program, or
both. This includes, but is not limited to, contracting for dedicated
Zoning Enforcement services pursuant to Chapter 35 of the Santa
Barbara County Code, or contracting for dedicated Building
Enforcement services pursuant to Chapters 10 and 14 of the Santa
Barbara County Code. These contracted services may be proactive
or reactive in their enforcement, as specified by the individual
contract.

(h) Following the creation of the district, the district may petition
the Santa Barbara Local Agency Formation Commission pursuant
to the Cortese-Knox-Hertzberg Local Government Reorganization
Act of 2000 (Division 3 (commencing with Section 56000) of Title
5) to exercise new or different functions or classes of services
listed in Section 61100, except those powers specified in
subdivisions (e) and (f) of that section, in addition to those
functions or services that were authorized at the time the district
was created.

(i) The services provided by the district shall not supplant the
level of services provided by the County of Santa Barbara, the Isla
Vista Recreation and Park District, the University of California,
Santa Barbara, or any other service provider.

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

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

(l) The Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Division 3 (commencing with Section
56000) of Title 5) shall not apply to the formation of the district
pursuant to subdivisions (b) and (c), to the selection of functions
or services that may be provided pursuant to subdivision (d), or to
the selection of functions or services to be provided pursuant to
subdivision (g) upon establishment of the district, except as
specified in this part. The act shall apply to any other change of
organization or reorganization as defined in that act, following the
establishment of the district, including, but not limited to, the
exercise of new or different functions or classes of services
authorized pursuant to subdivision (g) or (h) that were not selected
upon establishment of the district.

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.