California Assembly Bill AB3 Amended / Bill

 BILL NUMBER: AB 3AMENDED 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.