Article 1. California Science Center of California Food And Agricultural Code >> Division 3. >> Part 3. >> Chapter 6. >> Article 1.
The Sixth District Agricultural Association may also be known
as the California Science Center. It is in the Natural Resources
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.
(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.
(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 Natural Resources
Agency, the 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 the Budget
Act of 2002, 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
Controller 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 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 with jurisdiction held by the
California Science Center.
(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 Natural Resources Agency and the Department of
General Services and be subject to all state audit requirements.
The California Science Center, with the approval of the
Natural Resources 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.
The California Science Center may establish an air and space
center in its building at Exposition Park in the City of Los Angeles.
(a) (1) The California Science Center may enter into one or
more agreements or leases with the California Science Center
Foundation, a California nonprofit public benefit corporation, with
the approval of the Natural Resources Agency, the Department of
Finance, and the Department of General Services, for the purpose of
developing, designing, constructing, equipping, furnishing,
operating, and funding the project known as the Phase III Project of
the California Science Center, which is located adjacent to or
contiguous with the existing Phase I Project and Phase II Project of
the California Science Center in Exposition Park.
(2) Before entering into any agreement or lease with the
California Science Center Foundation relating to the Phase III
Project, the California Science Center shall have approval for the
Phase III Project from the Natural Resources Agency and the
Department of Finance.
(3) All agreements or leases entered into between the California
Science Center and the California Science Center Foundation relating
to the Phase III Project shall be on terms compatible with the
financing arrangements that exist on the Phase I Project and Phase II
Project. The entire design and construction cost of the Phase III
Project shall be the sole responsibility of the California Science
Center Foundation. Any agreement or lease entered into between the
California Science Center and the California Science Center
Foundation relating to the Phase III Project shall not contain terms,
either directly or indirectly, that obligate the California Science
Center, Exposition Park, or the state to pay or repay any debt
issuance or other financing that may be associated with the Phase III
Project.
(4) The agreements or leases entered into between the California
Science Center and the California Science Center Foundation relating
to the Phase III Project may have a term of up to 50 years. The
California Science Center Foundation shall agree not to enter into
any third-party donation, grant, or funding arrangement that limits
or restricts the use or purpose of the Phase III Project beyond the
agreement or lease duration as authorized in this section.
(5) All agreements or leases entered into between the California
Science Center and the California Science Center Foundation relating
to the Phase III Project shall contain a provision that the
California Science Center Foundation agrees to indemnify, defend, and
save harmless the state from any and all claims and losses arising
out of the design and construction of the Phase III Project to the
same extent the state is customarily indemnified by its architects,
engineers, and contractors in connection with state infrastructure
projects of similar type and scope.
(6) The scope of the Phase III Project shall be consistent with
the Exposition Park Master Plan and may include the demolition of
existing administration buildings and other ancillary state
facilities. The Phase III Project shall be developed in a manner that
is consistent with the state's climate change goals and the Green
Building Action Plan, and complies with the requirements of Executive
Order No. B-18-12, including, but not limited to, meeting the LEED
Silver and other requirements for new or major renovated state
buildings.
(b) For the purpose of carrying out subdivision (a), all of the
following shall apply:
(1) All contracts in connection with the design, construction, and
installation of the Phase III Project shall be contracts entered
into by the California Science Center Foundation, and notwithstanding
any other law, shall not be subject to state procurement law or law
pertaining to state contracts.
(2) The California Science Center Foundation shall, and shall
cause its contractors to, coordinate construction activity associated
with the Phase III Facilities with the Exposition Park Manager and
shall ensure the construction activity is carried out in a manner
that complies with all existing leases and other commitments of the
state with respect to Exposition Park and limits the impact on the
tenants in and visitors to Exposition Park. Significant aspects of
construction activity such as staging, parking, and security shall be
subject to the prior review and approval of the Exposition Park
Manager. Any agreements or leases between the California Science
Center and the California Science Center Foundation relating to the
Phase III Project shall obligate the California Science Center
Foundation to reimburse the state for any lost revenue of the state
while the Phase III Project is under construction to the extent
resulting from the lost use of any area of Exposition Park other than
the area approved to be occupied by the Phase III Facilities
pursuant to the schematic design approved by the board of directors
of the California Science Center on July 23, 2014, as may be revised
from time to time by agreement between the parties thereto and with
the approval of the Natural Resources Agency and the Department of
Finance. Prior to the commencement of any construction of the Phase
III Facilities, including, but not limited to, any related demolition
of existing structures, the California Science Center Foundation and
the Exposition Park Manager shall meet and confer in order to
develop a construction schedule that shall not interfere with any
previously scheduled events on the Exposition Park property. After
the development of that construction schedule, the Exposition Park
Manager shall coordinate any future event scheduling that could
affect the construction of the Phase III Facilities with the
California Science Center Foundation and its construction schedule.
Any agreements or leases between the California Science Center and
the California Science Center Foundation relating to the Phase III
Project shall obligate the California Science Center Foundation to
coordinate its construction schedule with the Exposition Park Manager
with respect to special events planned on Exposition Park property.
Any agreements or leases between the California Science Center and
the California Science Center Foundation relating to the Phase III
Project shall also obligate the California Science Center Foundation
to indemnify, defend, and save harmless the state from any and all
claims and losses resulting from any failure of the California
Science Center Foundation to adhere to its construction schedule, as
that schedule may be revised from time to time in consultation with
the Exposition Park Manager, or to coordinate its construction
schedule with the Exposition Park Manager with respect to special
events planned on Exposition Park property, except, in each case, to
the extent resulting from the failure of the Exposition Park Manager
to coordinate any events planned in Exposition Park that could affect
the construction with the California Science Center Foundation and
its construction schedule.
(3) The California Science Center Foundation shall ensure the
Phase III Facilities are inspected during construction by the state
in a manner consistent with state infrastructure projects. Prior to
commencement of construction, the California Science Center
Foundation and the California Science Center, upon consultation with
the Department of General Services, the Natural Resources Agency, and
the Department of Finance, shall agree on a reasonable level of
state oversight throughout the construction of the Phase III
Facilities to ensure the approved project scope is maintained, that
initial estimates regarding long-term operation and maintenance
obligations remain accurate, and that all project requirements are
met.
(4) Any agreements or leases between the California Science Center
and the California Science Center Foundation relating to the Phase
III Project shall provide that, upon completion and certification
that the Phase III Facilities are available for use and occupancy,
the ownership and operation of the Phase III Facilities shall be
under the control of the California Science Center with respect to
the building and any museum-related structures and Exposition Park
with respect to the other structures and the adjacent plazas and
landscaping.
(5) Notwithstanding any other law, including, but not limited to,
Section 11007 of the Government Code, the California Science Center
may consult with the Department of General Services for the
procurement of property insurance, including fire, lightning, and
extended coverage insurance, on the Phase III Facilities, subject to
reasonable deductibles, provided the insurance is available on the
open market from reputable insurance companies at a reasonable cost.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Phase III Facilities" shall mean all buildings, structures,
and plazas and landscaping adjacent to those buildings and structures
constructed by the California Science Center Foundation as part of
the Phase III Project of the California Science Center. "Phase III
Facilities" shall not include exhibit elements and artifacts and the
temporary space shuttle display pavilion.
(2) "Phase III Project" shall mean the development, design,
construction, equipping, furnishing, operation, and funding of the
Phase III Facilities, as well as all exhibit elements.
(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 Natural Resources
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.
Notwithstanding any other provision of law, from December 14
to December 21, inclusive, of any year, the California Science Center
shall 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.
(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) (1) 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.
(2) 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 of the Legislature 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.
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.
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, but not limited to, 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.