BILL NUMBER: AB 3 AMENDED
BILL TEXT
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
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 and, upon direction by the commission, place
the question 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
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, 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) (1) 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.
(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.
(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) (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 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 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.
(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
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.
(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.
(B) The utility user tax shall only be applied to electricity,
garbage disposal, gas, sewage, or water services.
(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.
(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 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.
(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 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.
(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.
(d)
(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:
(1) (A) (i)
Five members elected at large from within the district as
follows:
(B)
(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.
(C)
(II) One member shall be elected for a term of two
years.
(2)
(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.
(3)
(C) One member appointed by the Chancellor of the
University of California, Santa Barbara for a term of four years.
(4)
(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).
(e)
(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.
(g) The district shall have all the powers listed in Section 61100
except those powers specified in subdivision (e) and (f) the that
section.
(f)
(h) Section 61100 shall not apply to the
district. The In addition to the powers in subdivision
(g), 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)
(1) Create a tenant mediation program.
(3) Finance the operations of area planning commissions formed
pursuant to Section 65101.
(4)
(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).
(5)
(3) 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)
(4) Acquire, construct, improve, and maintain
sidewalks, lighting, gutters, and trees beyond 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.
(8) Abate graffiti.
(9)
(5) Levy a utility user tax at a rate
specified by 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 .
(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.
(h)
(i) The district does not possess, and shall not
exercise, the power of eminent domain.
(i)
(j) 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.