SECTIONS 4101-4108 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 4101-4108

4101. The Sixth District Agricultural Association shall be known as
the California Science Center. It is in the State and Consumer
Services Agency and is deemed to be a tax-exempt organization as an
instrumentality of this state in accordance with Section 23706 of the
Revenue and Taxation Code.

4101.2. (a) Notwithstanding any other provision of law, the
California Science Center, with the approval of the Director of
General Services, may enter into a long-term lease agreement, not to
exceed 40 years, with terms and conditions determined by the director
to be in the best interest of the state, with the Los Angeles
Unified School District to convert the Armory and surrounding land in
or near Exposition Park to a demonstration mathematics and
science-based school.
(b) For the purposes of carrying out subdivision (a), all of the
following requirements apply:
(1) Plans shall be developed by the Los Angeles Unified School
District for the conversion described in subdivision (a).
(2) The Los Angeles Unified School District shall demonstrate to
the Director of General Services that it has sufficient funds, from
sources other than the California Science Center, to complete the
conversion.
(3) The Los Angeles Unified School District shall give attention
to the historical preservation of the Armory in developing plans and
completing the conversion.
(4) All lease documents necessary to complete the conversion shall
be approved by the Director of General Services prior to their
execution.

4101.3. (a) Notwithstanding any other provision of law, the
California Science Center is hereby authorized to enter into a site
lease with the California Science Center Foundation, a California
Nonprofit Corporation, with the approval of the State and Consumer
Services Agency, Department of Finance, and the Department of General
Services, for the purpose of the foundation developing,
constructing, equipping, furnishing, and funding the project known as
Phase II of the California Science Center. The overall construction
cost and scope shall be consistent with the amount authorized in 2002
Budget Act, provided that nothing in this section shall prevent the
foundation from expending additional nonstate funds to complete Phase
II provided that the additional expenditures do not result in
additional state operation and maintenance costs. Any additional
expenditure of nonstate funds by the foundation shall not increase
the state's contribution.
(b) For the purpose of carrying out subdivision (a), all of the
following shall apply:
(1) In connection with the development described in subdivision
(a), above, the foundation may, in its determination, select the most
qualified construction manager/general contractor to oversee and
manage the work and prepare the competitive bid packages for all
major subcontractors to be engaged in the construction of Phase II
Project. Any construction manager/general contractor selected shall
be required to have a California general contractor's license.
(2) Prior to commencement of construction of the Phase II Project,
the California Science Center shall enter into a lease-purchase
agreement upon approval by the Department of Finance with the
foundation on terms that are compatible with the Phase I Project
financing. The term of the lease-purchase agreement shall be a term
not to exceed 25 years. Lease payments on behalf of the state shall
be commensurate with the twenty-two million nine hundred forty-five
thousand two hundred sixty-three dollars ($22,945,263), (nineteen
million one hundred thirty-seven thousand dollars ($19,137,000) plus
19.9 percent augmentation authority) construction cost allocation of
the state. Lease payments may also include any cost of financing that
the foundation may incur related to tax exempt financing. The
California Science Center shall be authorized to direct the State
Controller's Office to send the rental payments under the
lease-purchase agreement directly to the foundation's bond trustee.
(3) The foundation shall ensure that the Phase II Project is
inspected during construction by the state in the manner consistent
with state infrastructure projects. The foundation shall also
indemnify and defend and save harmless the Department of General
Services for any and all claims and losses accruing and resulting
from or arising out of the foundation's use of the state's plans and
specifications. The foundation and the California Science Center,
upon consultation with the Director of the Department of General
Services and the Department of Finance shall agree on a reasonable
level of state oversight throughout the construction of the Phase II
Project in order to assist the foundation in the completion of the
project within the intended scope and cost.
(4) At the end of the term of the site lease and the
lease-purchase agreement unencumbered title to the land and
improvements shall return to the State of California with
jurisdiction held by the California Science Center.

4101.4. (a) The Legislature finds and declares that the operation
of the California Science Center may require individual skills not
generally available in state civil service to support specialized
functions, such as exhibit maintenance, and educational and guest
services programs, including animal care and horticulture.
(b) Notwithstanding any other provision of law, the California
Science Center may enter into a personal services contract or
contracts with the California Science Center Foundation without a
competitive bidding process. These contracts shall be subject to
approval by the State and Consumer Services Agency and the Department
of General Services and be subject to all state audit requirements.

4102. The California Science Center, with the approval of the State
and Consumer Services Agency, may build, construct, and maintain and
operate a stadium or any arena, pavilion, or other building that is
to be used for the holding of sports events, athletic contests,
contests of skill, exhibitions, spectacles, and other public
meetings. It may lease, let, or grant licenses for the use of that
stadium, arena, pavilion, or other building, with the approval of the
agency.

4103. The California Science Center may establish a space-age
museum in its building at Exposition Park in the City of Los Angeles.

4104. (a) The Legislature hereby finds and declares that there is a
need for a state repository dedicated to the diverse contributions
of African-Americans to the history and culture of this state and the
nation.
(b) The California African-American Museum is a part of, and
coexists with, the California Science Center.
(c) The California African-American Museum is governed by a
seven-member board of directors. The Governor shall appoint the seven
members, at least four of whom shall reside within the boundaries of
the 6th Agricultural District. In addition, the Senator representing
the Senate district in which the California African-American Museum
is located and the Assembly Member representing the Assembly district
in which the museum is located shall be ex officio nonvoting members
of the board. The two legislative ex officio nonvoting members of
the board shall participate in the activities of the board to the
extent that their participation is not incompatible with their
respective positions as Members of the Legislature. The appointees of
the Governor shall be appointed to four-year terms with the initial
terms of appointment expiring as follows: one term expiring January
1, 1984, one term expiring January 1, 1985, one term expiring January
1, 1986, and one term expiring January 1, 1987. The person appointed
to the Advisory Board of the California Museum of African-American
History and Culture by the Board of Directors of the California
Science Center prior to the amendments made to this section by
Chapter 1439 of the Statutes of 1987 shall serve on the Board of
Directors of the California African-American Museum until the
Governor makes the fifth appointment authorized pursuant to those
amendments. The fifth appointment made to the board shall serve a
term expiring on January 1, 1990, the sixth appointment shall serve a
term expiring on January 1, 1991, and the seventh appointment shall
serve a term expiring on January 1, 1992.
(d) The Board of Directors of the California African-American
Museum shall have the sole authority, subject to existing state laws,
regulations, and procedures, to determine how funds that have been
appropriated and duly allocated by the Legislature and the Governor
for support of the museum shall be expended. The board also shall
have the sole authority, subject to existing state laws, regulations,
and procedures, to contract with any state agency, institution,
independent contractor, or private nonprofit organization that the
board determines to be appropriate and qualified to assist in the
operation of the museum. The board shall further have authority to
establish the operations, programs, activities, and exhibitions of
the California African-American Museum. The Board of Directors of the
California African-American Museum shall be solely responsible for
the actions taken and the expenditures made by the staff of the
California African-American Museum in the scope and course of their
employment.
(e) The Board of Directors of the California African-American
Museum shall appoint an executive director, who shall be exempt from
civil service, and any necessary staff to carry out the provisions of
this section, who shall be subject to the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5 of Title 2 of
the Government Code). The California African-American Museum shall
submit its annual budget request directly to the State and Consumer
Services Agency. The California African-American Museum may accept
grants, contributions, and appropriations from federal, state, local,
and private sources for its operation.
(f) The California African-American Museum shall preserve,
collect, and display samples of African-American contributions to the
arts, sciences, religion, education, literature, entertainment,
politics, sports, and history of the state and the nation. The
enrichment and historical perspective of that collection shall be
made available for public use and enjoyment.
(g) The California African-American Museum shall use stationery
and other supplies of the former museum and shall phase in the name
change with existing resources.

4105. Notwithstanding any other provision of law, from December 14
to December 21, inclusive, of any year, the California Science Center
may not charge parking fees for the parking facilities surrounding
the Los Angeles Memorial Coliseum when an event is being held at the
facilities of the museum by a private nonprofit charitable
organization for the purpose of collection and distribution of toys
and food.

4106. (a) The California Science Center shall work with the Los
Angeles Memorial Coliseum Commission, the City of Los Angeles, and
the County of Los Angeles to develop additional parking facilities in
Exposition Park to the extent necessary to allow for expansion of
the park.
(b) The California Science Center shall manage or operate its
parking facilities in a manner that preserves and protects the
interests of itself and the California African-American Museum and
recognizes the cultural and educational character of Exposition Park.
(c) The Exposition Park Improvement Fund is hereby created in the
State Treasury. All revenues received by the California Science
Center from its parking facilities, from rental of museum facilities,
or from other business activities shall be deposited in the
Exposition Park Improvement Fund.
(d) The moneys in the Exposition Park Improvement Fund may only be
used, upon appropriation by the Legislature, for improvements to
Exposition Park, including, but not limited to, maintenance of
existing parking and museum facilities, replacement of museum
equipment, supplies and wages expended to generate revenues from
rental of museum facilities, development of new parking facilities,
and acquisition of land within or adjacent to Exposition Park.
(e) The Legislature hereby finds and declares that there is a need
for development of additional park, recreation, museum, and parking
facilities in Exposition Park. The Legislature recognizes that the
provision of these needed improvements as identified in the
California Science Center Exposition Park Master Plan may require the
use of funds provided by other governmental agencies or private
donors.
The California Science Center may accept funds from other
governmental agencies or private contributions for the purpose of
implementation of the California Science Center Exposition Park
Master Plan. The private contributions and funds from governmental
agencies other than state governmental agencies shall be deposited in
the Exposition Park Improvement Fund in the State Treasury and shall
be available for expenditure without regard to fiscal years by the
California Science Center for implementation of the California
Science Center Exposition Park Master Plan. Funds from other state
governmental agencies shall be deposited in the Exposition Park
Improvement Fund and shall be available for expenditure, upon
appropriation, by the California Science Center for implementation of
the California Science Center Exposition Park Master Plan. However,
any expenditure is not authorized sooner than 30 days after
notification in writing of the necessity therefor to the chairperson
of the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time as the chairperson of the joint committee,
or his or her designee, may in each instance determine. Neither the
City of Los Angeles nor the County of Los Angeles shall impose any
tax upon tickets purchased authorizing the use of parking facilities
owned by the California Science Center.

4107. Notwithstanding any other provision of law, a Member of the
Legislature representing any district in Los Angeles County may be
appointed as a director of the California Science Center.

4108. The California Science Center shall establish the position of
Exposition Park Manager to be filled by a person appointed by the
Governor for the purpose of managing, scheduling, and administering
all park-related events, including oversight for the police and
security services of the park.
(a) The Exposition Park Manager may appoint the following persons:
(1) The chief and assistant chief of museum security and safety
who shall have the powers of peace officers as specified in Section
830.3 of the Penal Code.
(2) Other safety officers who shall have the powers of arrest as
specified in Section 830.7 of the Penal Code.
(b) The officers appointed pursuant to subdivision (a) shall
provide police and security services to keep order and to preserve
the peace and safety of persons and property at the California
Science Center and at Exposition Park on a year-round basis.