SECTIONS 4161-4163 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 4161-4163

4161. (a) The 25th District Agricultural Association may enter into
a joint powers agreement pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code with
the City of Napa for the purpose of establishing and operating a Napa
Center for Wine, Food, and the Arts facility. In addition to those
powers specifically authorized to be exercised by Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, the joint powers agency may accept the donation of,
acquire, own, or lease, real property, and may plan, finance by the
sale of revenue bonds, construct, equip, and furnish the facility,
and parking facilities, and any betterments, improvements, and
facilities related thereto, including a bridge to provide access to
the facility across the Napa River. The joint powers agency may make
and enter into contracts and employ agents and employees. The joint
powers agency may manage, maintain, and operate the facility, or may
enter into management contracts for the operation of the facility.
(b) The state is not liable for any debt incurred by the joint
powers agency in the event of any default on revenue bonds issued by
the agency. This disclaimer shall be deemed a provision of the joint
powers agreement.

4162. The 25th District Agricultural Association may accept the
donation of any real property suitable for the location of the Napa
Center of Wine, Food, and the Arts facility, and may lease the
property to the joint powers agency.

4163. (a) With the consent of the secretary, a nonprofit
organization may hold an annual fair in lieu of the annual fair held
by the 25th District Agricultural Association.
(b) Notwithstanding any other provision of law, the department may
enter into contracts with the nonprofit organization referred to in
subdivision (a) for the receipt of public funds.
(c) Notwithstanding any other provision of law, the Director of
General Services, with the consent of, and on terms approved by the
secretary, may lease certain premises commonly known as the Napa
Valley Expo, containing approximately 37 acres situated in the County
and City of Napa, to the nonprofit organization referred to in
subdivision (a) for a period not to exceed 99 years, to hold an
annual fair pursuant to subdivision (a). While the lease is in
effect, the nonprofit organization shall be deemed to be an
instrumentality of the state for the limited purpose of carrying out
the authority granted the 25th District Agricultural Association by
Sections 4161 and 4162. While the lease is in effect, the 25th
District Agricultural Association shall be inactive, and shall not
have any powers or duties.
(d) The lease executed pursuant to this section may be for less
than the market value of the property, and shall include a provision
that the lease may be canceled if the lessee or its successors or
assignees does any of the following:
(1) Fails to hold an annual fair.
(2) Fails to make a seat on its board of directors available to
the Mayor of Napa and the Chairperson of the Napa County Board of
Supervisors for the duration of the lease.
(3) Fails, in any calendar year, to hold at least two meetings of
its board of directors, open to the public, in the City of Napa.
(e) Prior to the commencement of the term of the lease, the lessee
and the Department of Food and Agriculture shall ensure that every
employee in the civil service of the 25th District Agricultural
Association is provided with the option of continuing his or her
employment with the state, or of accepting a position as an employee
of the lessee.
(1) With respect to an employee who chooses to continue his or her
employment with the state, the employee shall continue to be subject
to all of the provisions governing civil service employees, and
additionally, all of the following shall apply:
(A) The lessee shall contract with the department for the services
of the employee, consistent with his or her civil service
classification and status.
(B) The employee has the right to continue to provide services to
the lessee pursuant to that contract during the time the employee
continues in the civil service classification he or she held at the
time of the employee's election.
(2) With respect to an employee who chooses to leave his or her
employment with the state and become an employee of the lessee, those
employees are not employees of the state, and are not subject to the
requirements of Chapter 10.3 (commencing with Section 3512) and
Chapter 10.5 (commencing with Section 3525) of Division 4 of Title 1
of the Government Code.
(3) If a position filled by a civil service employee pursuant to
contract with the department becomes vacant, the lessee may fill the
position with a non-civil-service employee.
(f) The State of California is not liable for any debts,
liabilities, settlements, liens, or any other obligations incurred by
or imposed upon the nonprofit organization referred to in
subdivision (a). The lease executed pursuant to this section shall
expressly provide that the General Fund and the Fair and Exposition
Fund shall be held harmless from all debts, liabilities, settlements,
judgments, or liens incurred by the nonprofit organization, and that
neither the state nor any agency or division thereof shall be liable
for any contract, tort, action or inaction, error in judgment,
mistakes, or other acts taken by the nonprofit organization, or any
of its employees, agents, servants, invitees, guests, or anyone
acting in concert with, or on the behalf of, the nonprofit
organization.