BILL NUMBER: AB 3	AMENDED
	BILL TEXT

	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

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.  The Isla
Vista Recreation and Park District is the only local district
providing limited services exclusively to Isla Vista.  
   (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.
 
   (d) 
    (e)  There have been multiple attempts at achieving
cityhood for Isla  Vista,   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,   Vista;  however,
no action was taken by the community at that time. 
   (e) 
    (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. 
   (f) 
    (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)  (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  
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 (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.
   (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)   (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. 
   (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   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  above   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)  (i)    Five members elected
at large from within the district as follows: 
   (I) 
    (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) 
    (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.   Barbara and shall exclude any
property owned by the Regents of the University of California 
 within those boundaries.  
   (g) The district shall have all the powers listed in Section 61100
except those powers specified in subdivision (e) and (f) the that
section.  
   (h) In addition to the powers in subdivision (g), the 
    (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  above   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  beyond   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.  
   (i) 
    (j)  The district does not possess, and shall not
exercise, the power of eminent domain. 
   (j) 
    (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.