SECTIONS 170030-170084 - California Statutes

PUBLIC UTILITIES CODE

SECTION 170030-170084

170030. The authority has perpetual succession and may adopt a seal
and alter it at its pleasure.

170032. (a) The authority may sue and be sued in all actions and
proceedings, in all courts and tribunals of competent jurisdiction.
(b) All claims for money or damages against the authority are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code.

170034. All the provisions of Section 120242 are applicable to the
authority, and the authority may exercise those provisions within its
area of jurisdiction.

170035. The authority is a local agency for purposes of the
California Disaster Assistance Act (Chapter 7.5 (commencing with
Section 8680) of Division 1 of Title 1 of the Government Code).

170036. The authority may act as a city police department, city,
local government, or public agency for the purposes of Chapter 4
(commencing with Section 2080) of Title 6 of Part 4 of Division 3 of
the Civil Code.

170038. The authority may take by grant, purchase, devise, or lease
or otherwise acquire, hold, enjoy, lease, and dispose of, real and
personal property within or outside its area of jurisdiction in order
to further its purposes.

170040. The authority may contract with any department or agency of
the United States, with any state or local governmental agency, or
with any person upon those terms and conditions that the authority
finds are in its best interests.

170044. Except as otherwise specifically provided to the contrary
in this chapter, a recorded majority vote of the total membership of
the board of directors is required on each action.

170048. (a) The authority has exclusive responsibility to study,
plan, and implement any improvements, expansion, or enhancements at
San Diego International Airport.
(b) The authority may commission planning, engineering, economic,
and other studies to provide information to the board for making
decisions about the location, design, management, and other features
of future airports.
(c) The San Diego Association of Governments, or its successor,
shall cooperate with the authority to include all airport system
plans and facilities selected by the authority in the regional
transportation plan consistent with state and federal law.
(d) The authority, the San Diego Association of Governments, local
agencies, and the Department of Transportation shall cooperate to
develop effective surface transportation access to new and existing
airports.
(e) The authority shall adopt a comprehensive plan on the future
development of San Diego's regional international airport. In
developing its plan, the authority shall review all options of
alternative sites, including, but not limited to, expansion of the
existing airport site and other development options available to
address future airport needs.

170050. The authority shall be the only agency, public or private,
in the County of San Diego that is eligible to take ownership of
airports owned by the United States government and are declared
surplus or are otherwise made available to state or local
governmental agencies.

170052. The authority shall be responsible for developing all
aspects of airport facilities that it operates, including, but not
limited to, all of the following:
(a) The location of terminals, hangars, aids to air navigation,
Runway Protection Zones (RPZ), Airport Influence Areas (AIA), parking
lots and structures, and all other facilities and services necessary
to serve passengers and other customers of the airport.
(b) Street and highway access and egress with the objective of
minimizing, to the extent practicable, traffic congestion on access
routes in the vicinity of the airport.
(c) Providing for public mass transportation access in cooperation
and coordination with the responsible public transportation agency
in whose jurisdiction the airport is located.
(d) Analyzing and developing intercity bus and passenger rail
access to terminals in cooperation with an established agency or
organization experienced in developing and operating that service, if
the service or the technology proposed for implementation is
demonstrated to be in regular, scheduled revenue service and is
demonstrated to be a cost-effective investment when considering both
direct and indirect benefits. If that service is proven feasible, the
authority shall endeavor to maximize the convenience of its patrons
by incorporating the service into the design of its terminals.

170054. (a) The authority shall form an advisory committee to
assist it in performing its responsibilities related to the planning
and development of all airport facilities for the County of San
Diego, including the airport activities and operations of the United
States Department of Defense. In selecting members for the committee,
the authority shall include persons knowledgeable about airport
management, passenger and freight air transportation operations and
economics, general aviation, the natural environment, regional
economic development, business, including the technology sector of
the economy.
(b) To the extent feasible, the advisory committee shall include
representatives from the Department of Transportation, local public
transit authorities, local governments, the campuses of the
University of California and the California State University in the
region, the United States Department of Defense, and other groups and
residents of San Diego County.
(c) When forming the advisory committee, the authority shall make
its selections for membership from individuals representing all
elements of the County of San Diego.

170056. The port shall transfer all title and ownership of the San
Diego International Airport to the authority consistent with the
terms of the transfer under Section 170060 and the transition plan
required under Section 170062 and shall include, but need not be
limited to, all of the following:
(a) All interest in real property and improvements, including, but
not limited to, all terminals, runways, taxiways, aprons, hangars,
Runway Protection Zones (RPZ), Airport Influence Areas (AIA),
emergency vehicles or facilities, parking facilities for passengers
and employees, above and below ground utility lines and connections,
easements, rights-of-way, other rights for the use of property
necessary or convenient to the use of airport properties, and
buildings and facilities used to operate, maintain, and manage the
airport which is consistent with the Airport Layout Plan (ALP) dated
September 13, 2000, and identified as Drawing No. 724 on file with
the clerk of the port, subject to paragraphs (1), (2), and (3).
(1) The following real properties shall not be transferred and
shall remain under the ownership and control of the port:
(A) All property originally leased to General Dynamics Corporation
and identified in Document No. 12301 on file with the clerk of the
port.
(B) Property subleased by the port from TDY Industries, Inc., c/o
Allegheny Teledyne (formerly Teledyne Ryan Aeronautical) and
identified as Document No. 17600 on file with the clerk of the port.
(C) Property leased to Solar Turbines, Incorporated for parking
along Pacific Highway and identified as Document No. 39904 on file
with the clerk of the port (Parcel No. 016-026).
(D) Property leased to Solar Turbines, Incorporated, for parking
along Laurel Street and identified as Document No. 29239 on file with
the clerk of the port (Parcel No. 016-016 - Parcel 2).
(E) Property leased to Sky Chefs, Incorporated, located at 2450
Winship Lane and identified as Document No. 37740 on file with the
clerk of the port (Parcel No. 012-025).
(F) (i) Property located at Parcel No. 034-002 and identified as
Pond 20. The port shall retain ownership of Pond 20 and shall
reimburse the airport fund for the fair market value of that
property. The fair market value shall be determined by appraisal and
negotiation. If there is no agreement following that negotiation,
then the amount of payment shall be determined by arbitration.
(ii) On January 1, 2003, the port shall commence repayment to the
airport of the negotiated or arbitrated fair market value for the
property. The repayment schedule shall be a 10-year amortized payment
plan with interest based upon the rate of 1 percent above the
prevailing prime rate.
(2) The following additional real properties shall be transferred
from the port to the authority.
(A) Property adjacent to Pond 20 located at Parcel Nos. 042-002
and 042-003 (this parcel encompasses approximately two or three
acres).
(B) Property acquired as Parcel No. 034-001 from Western Salt
Processing Plant and identified as Document No. 39222 from GGTW, LLC.
(3) The following nonairport, real properties that presently
provide airport-related services shall also be excluded from any land
transfer to the authority:
(A) Airport employee parking lot located at Harbor Island Drive
and Harbor Island Drive East identified as District Parcel No.
007-020.
(B) Airport taxi and shuttle overflow lot located at the southeast
corner of North Harbor Drive and Harbor Island Drive identified as
District Parcel No. 007-025.
(C) Property leased to National Car Rental System, Incorporated,
located east of the southeast corner of North Harbor Drive and Harbor
Island Drive identified at District Parcel No. 007-034.
(D) Property leased to The Hertz Corporation located east of the
southeast corner of North Harbor Drive and Harbor Island Drive
identified as District Parcel No. 007-035.
(E) Property leased to Avis Rent-A-Car Corporation located at the
southwest corner of North Harbor Drive and Rental Car Roadway
identified as District Parcel No. 007-036.
(F) Property leased to National Car Rental System, Incorporated,
located at the southeast corner of North Harbor Drive and Rental Car
Roadway identified as District Parcel No. 007-038.
(G) Property leased in common to National Car Rental System,
Incorporated; The Hertz Corporation; and Avis Rent-A-Car Corporation,
known as Joint-Use Roadway identified as District Parcel No.
007-037.
(H) Property leased to Jimsair, Incorporated, located on the
property previously known as the General Dynamics Parcel, south of
Sassafras Street and west of Pacific Highway adjacent to the Airport
Operation Area identified as District Parcel No. 016-042.
(I) Property leased to Budget Rent A Car of San Diego located at
both the northeast and southwest corners of Palm Street and Pacific
Highway identified as District Parcel No. 016-001 (Parcel 1 and 2).
(J) Property leased to Budget Rent A Car of San Diego located east
of the northeast corner of Palm Street and Pacific Highway
identified as District Parcel No. 016-001 (Parcel 3).
(K) Property leased to Lichtenberger Equipment Incorporated,
located north of the northeast corner of Palm Street and Pacific
Highway identified as District Parcel No. 016-034.
(L) Property leased to Park and Ride, Incorporated, located at the
northeast corner of Sassafras and Pacific Highway identified as
District Parcel No. 016-038.
(M) Property leased to Ace Parking Management, Incorporated,
located north of the intersection of Sassafras Street and Pacific
Highway identified as District Parcel No. 016-040.
(N) Property leased to Federal Express Corporation located at the
west end of the extension of Washington Street identified as District
Parcel No. 015-008.
(b) All contracts with airport tenants, concessionaires,
leaseholders, and others, including, but not limited to, fees from
vehicle rental companies.
(c) All airport-related financial obligations secured by revenues
and fees generated from the operations of the airport, including, but
not limited to, bonded indebtedness associated with the airport. The
authority shall assume obligations issued or incurred by the port
for San Diego International Airport, including, but not limited to,
any long-term debt, grants, and grant assurances.
(d) All airport-related financial reserves, including, but not
limited to, sinking funds and other credits.
(e) All personal property, including, but not limited to,
emergency vehicles, office equipment, computers, records and files,
software required for financial management, personnel management, and
accounting and inventory systems, and any other personal property
owned by the port used to operate or maintain the airport.
(f) Notwithstanding any provision of this section, the port shall
agree to lease for a period of 66 years, commencing on January 1,
2003, to the authority parcels 1, 2, and 3 of the property originally
leased to General Dynamics (identified in Document No. 12301 on file
with the clerk of the port) consisting of approximately 89.75 acres
west of the Pacific Highway and including property leased to JimsAir
(identified as Parcel #016-042), property leased to Federal Express
Corporation (identified as Parcel #015-008) and the Park, Shuttle and
Fly lot operated by Five Star Parking under a management agreement
with the port (identified as Clerk Document No. 38334, dated March
29, 1999), subject to the following terms:
(1) The rent shall be paid monthly in arrears at the rate of four
million seven hundred thousand dollars ($4,700,000) for calendar year
2003, six million seven hundred thousand dollars ($6,700,000) for
calendar year 2004, and eight million seven hundred thousand dollars
($8,700,000) for calendar year 2005. Thereafter, the annual rent
shall be level, for the balance of the term, based on the fair market
value of the property as of January 1, 2006, and a market rate of
return on that date.
(2) The authority shall lease to the port at the same fair market
value per square foot a total of not to exceed 250 parking spaces in
reasonable proximity to the port's administrative building located at
3165 Pacific Highway with the authority having a right to relocate
or substitute substantially equivalent or better parking from time to
time. The parties shall first meet and confer to determine by
appraisal and negotiation, the fair market value rent. If the
authority and port do not reach agreement within 60 days after
commencement of meetings for that purpose, either party may submit
the matter to binding arbitration in San Diego in accordance with the
Commercial Arbitration Rules of the American Arbitration
Association. In the event airport operations cease to exist on the
property leased to the authority pursuant to this section, control of
the property will revert to the port as provided in Section 170060.
(3) All other terms of the ground lease shall be in accordance
with reasonable commercial practice in the San Diego area for
long-term real property ground leases.

170058. Property adjacent to the San Diego International Airport,
owned by the port, and commonly referred to as the "General Dynamics
Property" shall continue to be operated by the port.

170060. (a) The port shall retain trusteeship of lands underlying
the airport consistent with the State Lands Commission's requirement
and shall execute a 66-year lease with the authority for control of
the airport property. The authority shall pay one dollar ($1) per
year during the term of the lease, or until that time as airport
operations controlled by the authority cease to exist on the
property. At that time, the lease shall terminate and control of the
property shall revert to the port.
(b) (1) The port may continue or enter into contracts, memorandums
of understanding, or other agreements necessary to fulfill its
responsibilities as trustee of the lands underlying the airport or
adjacent lands under its control, or acquire additional lands within
its jurisdiction consistent with its duties and pursuant to Division
6 (commencing with Section 6001) of the Public Resources Code.
(2) (A) The port shall act as lead agency to certify any studies,
reports, or other documents necessary to fulfill its obligations as
trustee of the lands described in paragraph (1).
(B) Notwithstanding subparagraph (A) or any other provision of
law, until the date that the port transfers the airport to the
authority, the port and the authority, without the necessity of the
giving of any notice, filing of any documents, or the taking of any
other action, shall serve jointly as the lead agencies for the
purposes of the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) and
regulations adopted thereto, including, but not limited to, the
filing of notices of exemption, initial studies, negative
declarations, and environmental impact reports. On and after the
transfer date, the authority, without the necessity of the giving of
any notice, filing of any documents, or the taking of any other
action, is the sole lead agency for any documents for which an
initial study has been commenced pursuant to Section 15063 of Title
14 of the California Code of Regulations or for which a notice of
preparation has been issued pursuant to Section 15082 of Title 14 of
the California Code of Regulations, regardless of whether or not a
notice of determination has been issued or a notice of completion has
been issued.
(C) The lead agency status described in this paragraph is
declaratory of existing law, and shall not in any respect be grounds
for any claim or finding of noncompliance by the port or the
authority, or both, with the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) or regulations adopted under that act.
(3) Lands acquired by or added to lands under its trusteeship by
the port adjacent to the existing airport property and necessary to
operate the airport, including, but not limited to, lands from the
United States Marine Corp Recruit Depot for additional taxiways and
other airport related facilities, shall be included in the lease to
the authority as it is acquired by the port.
(c) The authority shall be responsible for making any necessary
application to the California Coastal Commission pursuant to the
California Coastal Act of 1976 (Division 20 (commencing with Section
30000) of the Public Resources Code) and to other agencies in
accordance with other applicable laws in effect on the effective date
of the act that added this section for improvements upon coastal
lands under the control of the authority through a lease. The port
shall assist in the application for those projects as the trustee of
the lands and shall not impede any improvements sought in the
fulfillment of the authority's duties. The authority shall be
responsible for all applications, requests, or submittals to other
governmental agencies for approvals, permits, authorizations or
agreements of any kind affecting or relating to the property governed
by the lease, and the port shall cooperate in completion of all
documents in the form submitted or approved by the authority without
modification, providing the documents are requested by the authority,
or required by any other governmental agencies, or both.
(d) Notwithstanding any other provision of law, immediately upon
the transfer of the San Diego International Airport to the authority,
the variance from Section 5012 of Title 21 of the California Code of
Regulations (noise standards) issued to the port effective August
27, 2001, by the Department of Transportation shall be transferred to
the authority. That variance shall be transferred on the same terms
and conditions as granted to the port. The authority shall comply
with the terms and conditions of the transferred variance.

170062. (a) The authority shall develop a transition plan to
facilitate the transfer of the San Diego International Airport to the
authority pursuant to this section. To facilitate the preparation of
a transition plan, the authority and the port shall jointly
commission a certified audit to determine the financial condition of
the San Diego International Airport, including, but not limited to,
the obligations of the airport and the reasonableness of the overhead
charges being paid by the airport to the port. Upon completion of
the audit, the port and the authority shall balance all accounts,
including, but not limit to, loans and other obligations between the
two agencies.
(b) The port shall cooperate in every way to facilitate the
transfer of the San Diego International Airport to the authority.
(c) In the preparation of the transition plan, priority shall be
given to ensuring continuity in the programs, services, and
activities of the San Diego International Airport.
(d) (1) The transfer of the San Diego International Airport to the
authority shall be completed on or after December 16, 2002.
(2) The terms of the transfer of San Diego International Airport
to the authority shall include, but are not limited to, the
following:
(A) The authority shall request and receive a finding by the
Federal Aviation Administration that it is an eligible airport
sponsor.
(B) The authority shall comply with federal regulations,
including, but not limited to, Part 139 of Title 14 of the Code of
Federal Regulations (certification and operation) and Part 107 of
Title 14 of the Code of Federal Regulations (security).
(C) Consistent with the obligations set forth in this section, the
authority may, in its sole discretion, from time to time, enter into
agreements with the port for services including, but not limited to,
operations, maintenance, and purchasing, as the authority may find
necessary or beneficial to facilitate the orderly transfer and
continued operation of San Diego International Airport.
(D) The authority shall have no obligation to purchase or procure
any services, facilities, or equipment from or through the port. At
no time shall the authority be obligated to purchase auditing, public
affairs, and governmental relations, strategic planning, legal, or
board support services from the port. However, the authority may
elect to obtain these services and support in agreement with the
port.
(E) Performance of all these services shall be subject to the
direction and control of the authority, and shall be provided in
accordance with specifications, policies, and procedures as
communicated by the authority to the port from time to time. In all
cases, the port shall provide services of sufficient quality,
quantity, reliability, and timeliness to ensure that the authority
can continue the operation, maintenance, planning and improvement of
and for San Diego International Airport consistent with the standards
and practices under which the airport is operated on the effective
date of the act that added this subparagraph or higher standards as
the authority may adopt, or as may be required in the authority's
judgment to meet the requirements of federal or state law, or the
needs of the users of the airport for the safe, secure, and efficient
operation of the airport. The authority also, from time to time, may
establish performance standards for and may conduct financial or
performance audits, or both, of all services provided by the port and
all charges or claims for payment for the services provided.
(F) Services provided by the Harbor Police shall in no event be of
less quality than the standard established for airport police
services by the three other largest airports, based on annual
passengers, in this state. The port shall cooperate fully, at its own
cost, in any financial or performance audit, or both, conducted by,
or on behalf of, the authority or by any government agency having
jurisdiction.
(G) The authority shall reimburse the port for the actual and
reasonable direct costs, including, but not limited to, an
appropriate allocation of general and administrative expenses
associated with the provision of that service, incurred by the port
to deliver services actually provided to the authority in accordance
with the standards and requirements described in this section. The
port shall request payment for services on a monthly basis. Those
requests shall provide details regarding each service or element
thereof for which payment is requested as the authority reasonably
may request. The authority shall have the right to review and approve
any request for payment for those services. Payment shall be due and
payable 30 days after the request provided all necessary supporting
documentation is received by the authority.
(H) Upon the completion of the transfer, the authority shall hire
existing port staff assigned to the aviation division of the port as
employees of the authority. The authority may hire additional staff,
as needed, to fulfill its responsibilities. The authority shall make
every responsible effort to fill necessary positions from port staff
which may be affected by the transfer of the airport.
(e) The transfer may not in any way impair any contracts with
vendors, tenants, employees, or other parties.
(f) The San Diego Harbor Police Department shall remain under the
jurisdiction of the San Diego Unified Port District, and employees
shall incur no loss of employment or reduction in wages, health and
welfare benefits, seniority, retirement benefits or contributions
made to retirement plans, or other terms and conditions of employment
as a result of enactment of this division. The San Diego Harbor
Police Department shall have the exclusive contract for law
enforcement services at San Diego International Airport during that
time as the airport continues to operate at the Lindbergh Field, and
peace officers of the Harbor Police shall remain employees of the
port.

170064. (a) From revenues in accounts attributable to airport
operations, the port shall fund the authority for not less than one
million dollars ($1,000,000) each year until that time as the
transfer of the airport and all associated revenue sources have been
completed between the port and the authority. The authority's board
may submit a budget request for more than this amount if necessary to
carry out its duties. The port shall approve those budget requests
in a timely manner without modification or reduction. The authority
shall report its total budget expenditure amount to the port on an
annual basis and balance or carryover reserves from previous budgets.
The funding provided by this subdivision replaces any loans made to
the authority by the port under the former provisions set forth in
this subdivision requiring the port to loan the authority the sum of
one million dollars ($1,000,000).
(b) Upon the completion of the transfer pursuant to Section
170062, the authority shall assume all revenue stream revenues to
fund its activities, operations, and investments consistent with its
purposes. The sources of revenue available to the authority may
include, but are not limited to, imposing fees, rents, or other
charges for facilities, services, the repayment of bonded
indebtedness, and other expenditures consistent with the purposes of
the authority.
(c) To the extent practicable, the authority shall endeavor to
maximize the revenues generated from enterprises located on the
property of the authority.
(d) The authority may receive state and federal grants for
purposes of planning, constructing, and operating an airport and for
providing ground access to airports under its control.

170066. (a) No other agency in the County of San Diego may apply
for grants for funding significant expansion activities, including,
but not limited to, specific efforts to increase air capacity, unless
the application is first approved by the authority as being
consistent with the regional air transportation plan adopted by the
authority.
(b) Unless action is taken pursuant to Section 170068, publicly
owned airports in the County of San Diego, other than the San Diego
International Airport, shall not be considered to be under the
control of the authority for purposes of application for, or receipt
of grants for, regular operational maintenance and upgrade projects
adopted pursuant to Section 21670.3.

170068. The authority may only accept the transfer of ownership of
other publicly owned airports in the County of San Diego upon
initiation by the respective airport operator. Any transfer shall
include the preparation of a transition plan to ensure the orderly
transfer of assets and obligations. In accepting a transfer, the
authority may assume no financial obligations other than those
associated with the operation of the airport being transferred.

170070. (a) The authority may issue bonds, from time to time,
payable from revenue of any facility or enterprise operated,
acquired, or constructed by the authority, for any of the purposes
authorized by this division in accordance with the Revenue Bond Law
of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of
Division 2 of Title 5 of the Government Code), excluding Article 3
(commencing with Section 54380) of Chapter 6 of Part 1 of Division 2
of Title 5 of the Government Code and the limitations set forth in
subdivision (b) of Section 54402 of the Government Code which shall
not apply to the issuance and sale of bonds pursuant to this section.
(b) The authority is a local agency within the meaning of Section
54307 of the Government Code. The airport system or any or all
facilities and all additions and improvements that the authority's
governing board authorizes to be acquired or constructed and any
purpose, operation, facility, system, improvement, or undertaking of
the authority from which revenues are derived or otherwise allocable,
which revenues are, or may by resolution or ordinance be, required
to be separately accounted for from other revenues of the authority,
shall constitute an enterprise within the meaning of Section 54309 of
the Government Code.
(c) The authority's governing board shall authorize the issuance
of bonds pursuant to this section by resolution, which resolution
shall be adopted by a majority vote and shall specify all of the
following:
(1) The purposes for which the bonds are to be issued, which may
include any one or more purposes permitted by this division.
(2) The maximum principal amount of bonds.
(3) The maximum term of bonds.
(4) The maximum rate of interest, fixed or variable, to be payable
upon the bonds.
(5) The maximum discount or premium payable on sale of the bonds.
(d) For purposes of the issuance and sale of bonds pursuant to
this section, the following definitions shall be applicable to the
Revenue Bond Law of 1941:
(1) "Fiscal agent" means any fiscal agent, trustee, paying agent,
depository or other fiduciary provided for in the resolution
providing the terms and conditions for the issuance of the bonds,
which fiscal agent may be located within or without the state.
(2) "Resolution" means, unless the context otherwise requires, the
instrument providing the terms and conditions for the issuance of
bonds, which instrument may be an indenture, trust agreement,
installment sale agreement, lease, ordinance, or other instrument in
writing.
(e) Each resolution shall provide for the issuance of bonds in the
amounts as may be necessary, until the full amount of bonds
authorized has been issued. The full amount of bonds may be divided
into two or more series with different dates of payment fixed for
bonds of each series. A bond need not mature on its anniversary date.
(f) The authority may issue refunding bonds to redeem or retire
any bonds issued by the authority upon the terms, at the times, and
in the manner which the authority's governing body determines by
resolution. Refunding bonds may be issued in a principal amount
sufficient to pay all, or any part of, the principal of the
outstanding bonds, the premium, if any due upon call redemption
thereof prior to maturity, all expenses of redemption and either of
the following:
(1) The interest upon the refunding bonds from the date of sale
thereof to the date of payment of the bonds to be refunded out of the
sale of the refunding bonds or to the date upon which the bonds to
be refunded will be paid pursuant to call or agreement with the
holders of the bonds.
(2) The interest upon the bonds to be refunded from the date of
sale of the refunding bonds to the date of payment of the bonds to be
refunded or to the date upon which the bonds to be refunded will be
paid pursuant to call or agreement with the holders of the bonds.
(g) The authority may enter into any liquidity or credit agreement
it may deem necessary in connection with the issuance of bonds
authorized by this section.
(h) This section provides a complete, additional, and alternative
method of performing the acts authorized by this section, and the
issuance of bonds, including refunding bonds, need not comply with
any other law applicable to borrowing or the issuance of bonds. Any
provision of the Revenue Bond Law of 1941 which is inconsistent with
this section or this division shall not be applicable.
(i) Nothing in this section prohibits the authority from availing
itself of any procedure provided in this chapter for the issuance of
bonds of any type or character for any of the authorized airport
facilities. All bond proceedings may be carried on simultaneously or,
in the alternative, as the authority may determine.

170072. The authority may levy special benefit assessments
consistent with the requirements of Article XIII D of the California
Constitution to finance capital improvements, including, but not
limited to, special benefit assessments levied pursuant to any of the
following:
(a) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
(b) The Improvement Bond Act of 1915 (Division 15 (commencing with
Section 8500) of the Streets and Highways Code).
(c) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
(d) The Landscaping and Lighting Act of 1972 (Part 2 (commencing
with Section 22500) of Division 15 of the Streets and Highways Code).

170074. The authority may borrow money in accordance with Article 7
(commencing with Section 53820) of, Article 7.6 (commencing with
Section 53850) of, or Article 7.7 (commencing with Section 53859) of,
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.

170076. (a) The authority may borrow money in anticipation of the
sale of any bonds that have been authorized to be issued, but have
not been sold and delivered, and may issue negotiable bond
anticipation notes therefor, and may renew the bond anticipation
notes from time to time, but the maximum maturity of any bond
anticipation notes, including the renewals thereof, may not exceed
five years from the date of delivery of the original bond
anticipation notes. The bond anticipation notes may be paid from any
money of the authority available therefor and not otherwise pledged.
(b) If not previously otherwise paid, the bond anticipation notes
shall be paid from the proceeds of the next sale of the bonds of the
authority in anticipation of which they were issued. The bond
anticipation notes may not be issued in any amount in excess of the
aggregate amount of bonds that the authority has been authorized to
issue, less the amount of any bonds of the authorized issue
previously sold, and also less the amount of other bond anticipation
notes therefore issued and then outstanding. The bond anticipation
notes shall be issued and sold in the same manner as the bonds. The
bond anticipation notes and the resolution or resolutions authorizing
them may contain any provisions, conditions, or limitations that a
resolution of the authority authorizing the issuance of bonds may
contain.
(c) Exclusively for the purpose of securing financing or
refinancing for any of the purposes permitted by this division
through the issuance of bonds, notes, or other obligations, including
certificates of participation, by a joint powers authority, and,
notwithstanding any other provision contained in this division or any
other law, the authority may borrow money or purchase or lease
property from a joint powers authority and, in connection therewith,
may sell or lease property to the joint powers authority, in each
case at the interest rate or rates, maturity date or dates,
installment payment or rental provisions, security, pledge of
revenues and other assets, covenants to increase rates and charges,
default, remedy and other terms or provisions as may be specified in
the installment sale, lease, loan, loan purchase, or other agreement
or agreements between the authority and the joint powers authority.
The authority may enter into any liquidity or credit agreement it may
deem necessary or appropriate in connection with any financing or
refinancing authorized by this section. This section provides a
complete, additional and alternative method of performing the acts
authorized by this section, and the borrowing of money, incurring
indebtedness, sale, purchase or lease of property from or to a joint
powers authority, and any agreement for liquidity or credit
enhancement entered into in connection therewith, pursuant to this
section need not comply with the requirements of any other law
applicable to borrowing, incurring indebtedness, sale, purchase,
lease or credit except for compliance with this section.

170078. The authority may bring an action to determine the validity
of any of its bonds, equipment trust certificates, warrants, notes,
or other evidences of indebtedness or any of its revenues, rates, or
charges pursuant to Chapter 9 (commencing with Section 860) of Title
10 of Part 2 of the Code of Civil Procedure.

170082. (a) Notwithstanding any other provisions of this division
or any other law, the provisions of all ordinances, resolutions, and
other proceedings in the issuance by the authority of any bonds,
bonds with a pledge of revenues, bonds for improvement districts,
revenue bonds, equipment trust certificates, notes, or any and all
evidences of indebtedness or liability constitute a contract between
the authority and the holders of the bonds, equipment trust
certificates, notes, or evidences of indebtedness or liability, and
the provisions thereof are enforceable against the authority or any
or all of its successors or assigns, by mandamus or any other
appropriate suit, action, or proceeding in law or in equity in any
court of competent jurisdiction.
(b) Nothing in this division or in any other law shall be held to
relieve the authority or the territory included within it from any
bonded or other debt or liability contracted by the authority.
(c) Upon dissolution of the authority or upon withdrawal of
territory therefrom, that territory formerly included within the
authority, or withdrawn therefrom, shall continue to be liable for
the payment of all bonded and other indebtedness or liabilities
outstanding at the time of the dissolution or withdrawal as if the
authority had not been so dissolved or the territory withdrawn
therefrom, and it shall be the duty of the successors or assigns to
provide for the payment of the bonded and other indebtedness and
liabilities.
(d) To the extent provided in the proceedings for the
authorization, issuance, and sale of any revenue bonds, bonds secured
by a pledge of revenues, or bonds for improvement districts secured
by a pledge of revenues, revenues of any kind or nature derived from
any revenue-producing improvements, works, facilities, or property
owned, operated, or controlled by the authority may be pledged,
charged, assigned, and have a lien thereon for the payment of the
bonds as long as the same are outstanding, regardless of any change
in ownership, operation, or control of the revenue-producing
improvements, works, facilities, or property and it shall, in any
later event or events, be the duty of the successors or assigns to
continue to maintain and operate the revenue-producing improvements,
works, facilities, or property as long as bonds are outstanding.

170084. The authority shall assume and be bound by the terms and
conditions of employment set forth in any collective bargaining
agreement or employment contract between the port and any labor
organization or employee affected by the creation of the authority,
as well as the duties, obligations, and liabilities arising from, or
relating to, labor obligations imposed by state or federal law upon
the port. Aviation division employees of the port affected by this
division shall become employees of the authority and shall suffer no
loss of employment or reduction in wages, health and welfare
benefits, seniority, retirement benefits or contributions made to
retirement plans, or any other term or condition of employment as a
result of the enactment of this division. No employee of the port
shall suffer loss of employment or reduction in wages or benefits as
a result of the enactment of this division.