BILL NUMBER: AB 3 AMENDED
BILL TEXT
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
Board of supervisors Supervisors
of the County of Santa Barbara to submit a resolution of
application to the Santa Barbara County Local Agency Formation
Commission, and 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, 2027, 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
over 20,000 approximately 15,000 residents
situated within an area comprising of less than one
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
population, of which approximately 8,000 students
reside in university owned housing . Including university
property, the area totals about 1,500 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 town, 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, insufficient tax revenue prevents
cityhood from being a viable solution. 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 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
deaths injuries from students falling
off cliffs, two multiple violent sexual
assaults, a riot, 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) 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 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.
(b)
(c) (1) (A) The board of supervisors of the
County of Santa Barbara shall place the question of whether
the Isla Vista Community Services District shall be established on
the ballot at the next countywide election.
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, 2027,
2023, the district shall be dissolved as of that date.
(c)
(d) 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 the
directors of the district shall be composed as follows:
(1) (A) Five members elected at large from
within the district for a term of four years.
as follows:
(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.
(C) One member shall be elected for a term of two years.
(2) 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) One member appointed by the Chancellor of the University of
California, Santa Barbara for a term of four years.
(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.
(d)
(e) 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 additionally include the
University of California, Santa Barbara.
(e)
(f) 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
governing board of directors of the district
pursuant to approval by a 2/3 two-thirds
vote in accordance with Section 2 of Article XIII C of the
California Constitution.
(f)
(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 Parks
Recreation and Recreation Park
District.
(h) The district does not possess, and shall not exercise, the
power of eminent domain.
(g)
(i) 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.