2009 California Government Code - Section 67470-67480 :: Title 7.75. California State University, Channel Islands Site Authority Act

67470.  This title shall be known and may be cited as the California
State University, Channel Islands Site Authority Act.

67471.  (a) The Legislature finds and declares that the health,
safety, and welfare of the people of California depend upon the
development and support of the conversion of the former Camarillo
State Hospital into a campus of the California State University as
authorized by Section 89009 of the Education Code, as well as other
compatible uses. The continued economic vitality of the region can be
enhanced by productive development of those portions of the former
Camarillo State Hospital site not needed immediately for the
California State University use in a manner consistent with the
educational mission and the development of a California State
University campus.
   (b) The Legislature further finds and declares that the County of
Ventura has an interest in promoting the economic vitality of the
region and is committed to the successful and productive development
of a California State University campus and compatible uses, and
toward that end, will cooperate in providing for the development of a
California State University campus at the site.
   (c) The Legislature further finds and declares that is in the
interest of the state and its people for the state to do all of the
following:
   (1) Establish a special authority composed of representatives of
the California State University and local government for the purpose
of facilitating the optimal use of the former hospital site by the
California State University and other compatible uses, and mitigating
the onsite and offsite impacts of those uses.
   (2) Provide the special authority with the power to promote use of
the site through tax incentives so as to result in preservation of
the site, needed income for the development of the university, and
necessary economic, cultural, and social benefits to the region.
   (3) Provide financing authority to achieve the development and
other beneficial educational uses of the campus and its environs.
   (d) The Legislature further finds and declares that the policy set
forth in this title is most likely to be achieved if an effective
governmental structure exists to plan for, finance, mitigate the
impacts of, and carry out the reuse of the Camarillo State Hospital
in a cooperative, coordinated, balanced, and decisive manner in which
the site is used for a California State University campus and
related uses, as well as for commercial and other uses that will
provide revenue to support the state university's development and
provide a beneficial use to what would otherwise be abandoned and
deteriorating facilities and a blighted area.

67472.  For the purposes of this title, the following definitions
shall apply:
   (a) "Authority" means the California State University, Channel
Islands Site Authority.
   (b) "County" means the County of Ventura.
   (c) "Participating institution" means an entity recognized as a
participating institution by resolution of the authority, and
includes, but is not limited to, the county and the trustees.
   (d) "Site" means that property which formerly constituted the
grounds of the Camarillo State Hospital and which has been authorized
for transfer to the Trustees of the California State University by
Section 89009 of the Education Code.
   (e) "Trustees" means the Trustees of the California State
University, or their delegated officers.

67473.  (a) The California State University, Channel Islands Site
Authority is hereby established.
   (b) The purpose of the authority shall be to provide a specific
reuse plan for and to finance and support the transition of the
property known as Camarillo State Hospital from its former use to a
new state university campus and compatible uses.

67474.  (a) The authority shall be governed by a board of seven
members composed of the following:
   (1) Four representatives of the Trustees of the California State
University, as may be designated by the Chancellor of the California
State University. The chancellor may designate two additional
representatives to serve as alternate members of the authority.
   (2) Three representatives from the County of Ventura as follows:
   (A) Two representing the County of Ventura appointed by the
Ventura County Board of Supervisors from its own membership. The
board of supervisors shall appoint a third supervisor who shall serve
as an alternate member of the authority.
   (B) One representing the cities of Ventura County, who shall be a
city officer appointed by the city selection committee. The city
selection committee shall appoint a second city officer who shall
serve as an alternate member of the authority.
   (3) An alternate member may serve and vote in place of the regular
member of the authority who is absent or who disqualifies herself or
himself from participating in any matter at a meeting of the
authority. If the office of a regular trustee member, regular county
member, or regular city member becomes vacant, the respective
alternate trustee member, county member, or city member may serve and
vote until the appointment and qualification of a regular trustee
member, county member, or city member to fill the vacancy.
   (b) Upon the first appointment of its members, and thereafter on
or after July 1 of each year, or other date each year as the
authority may specify from time to time, the authority shall elect
from its members a chairperson and a vice chairperson, who shall hold
office until the following July 1, or other date each year as the
authority may specify from time to time, and shall continue to serve
until their successors have been elected. If the chairperson is a
member designated pursuant to paragraph (1) of subdivision (a), the
vice chairperson shall be a member designated pursuant to
subparagraph (A) or (B) of paragraph (2) of subdivision (a). If the
chairperson is a member designated pursuant to subparagraph (A) or
(B) of paragraph (2) of subdivision (a), the vice chairperson shall
be a member designated pursuant to paragraph (1) of subdivision (a).
   (c) The authority may delegate to contracting officers of the
county or the trustees the power to enter into contracts on behalf of
the authority.
   (d) The authority may delegate by resolution to one or more of its
members or an officer of the trustees or county any powers and
duties as it may deem proper.
   (e) The members shall serve without compensation but may receive
expense reimbursement pursuant to the procedures of their appointing
bodies.
   (f) Four members of the authority shall constitute a quorum. The
affirmative vote of a majority of a quorum shall be necessary for any
action taken by the authority. A vacancy in the membership of the
authority shall not impair the right of a quorum to exercise all the
rights and perform all the duties of the authority. Each meeting of
the authority shall be open to the public and shall be held in
accordance with Article 9 (commencing with Section 11120) of Chapter
1 of Part 1 of Division 3 of Title 2. Resolutions of the authority
need not be published or posted.

67475.  (a) Except as provided by subdivision (b), the General
Counsel of the California State University, as appointed by the
trustees, shall be the legal counsel for the authority.
   (b) Upon the approval of the General Counsel of the California
State University, the authority may employ legal counsel as, in its
judgment, is necessary or advisable to enable it to carry out the
duties and functions of the authority pursuant to this title,
including, but not limited to, the employment of bond counsel in
connection with the issuance of bonds.
   (c) The trustees shall provide the services of a secretary,
treasurer, controller, and other staff for the authority.

67476.  (a) This title shall be administered by the authority, which
shall have and is hereby vested with all powers reasonably necessary
or proper to carry out the powers and responsibilities expressly
granted or imposed, or reasonably implied, under this title.
   (b) (1) The authority may exercise any power common to the county
and the trustees necessary to carry out this title, and it shall have
the power to issue bonds, notes, and other debt instruments.
   (2) Obligations and liabilities of the authority do not constitute
debt or liabilities of the state or of any political subdivision
thereof, other than the authority, and do not constitute a pledge of
the full faith and credit of the state or any of its political
subdivisions. All bonds, notes, and other debt instruments issued by
the authority shall contain on the face thereof, where applicable,
the following statement: "Neither the full faith and credit nor the
taxing power of the State of California is pledged to the payment of
the principal of, or interest on, the bond."
   (3) Neither the authority nor the California State University
shall at any time use or permit the use of the facilities at the site
in such a manner or to such a degree that the tax-exempt status of
bonds issued by the State of California, the California State Public
Works Board, or the California State University would be adversely
affected. Both the authority and the California State University
shall monitor the use of the facilities improved with the proceeds of
the tax-exempt bonds to ensure that the requirements of this section
are satisfied.
   (c) The authority may do all of the following:
   (1) Adopt bylaws for the regulation of its affairs and the conduct
of its business.
   (2) Adopt an official seal.
   (3) Sue and be sued in its own name.
   (4) Receive and accept gifts, grants, loans, or donations of
money, property, labor, or other things of value, for any of the
purposes of this title from any of the following:
   (A) A federal agency.
   (B) A state agency.
   (C) A municipality, county, or other political subdivision of the
state.
   (D) An individual, association, or corporation.
   (5) Engage the services of private consultants to render
professional and technical assistance and advice in carrying out the
purposes of this title.
   (6) (A) Determine the location and character of any project or
educational facility and acquire, construct, enlarge, remodel,
renovate, alter, improve, furnish, equip, own, maintain, manage,
repair, operate, sell, lease as lessee or lessor, or regulate the
project or educational facility.
   (B) Enter into contracts for any of the purposes specified in this
title, including, but not limited to, contracts for the management
and operation of a project or other facilities owned by the
authority.
   (C) Designate a participating institution as its agent, with
authority to enter into contracts, for any of the purposes specified
in this title.
   (7) Acquire, directly or by and through a participating
institution as its agent, by purchase solely from funds provided
pursuant to this title, or by gift or devise, and sell, by
installment or otherwise, lands, structures, real or personal
property, tangible or intangible property, rights, rights-of-way,
franchises, easements, and other interests in property, including,
but not limited to, lands lying under water and riparian rights,
which the authority deems necessary or convenient for the
acquisition, construction, financing, or operation of a project or an
educational facility. The authority may do so upon the terms, and at
the prices, it considers reasonable and upon which it can agree with
the owner, and may take the title to the interest in the name of the
authority.
   (8) Make, directly or through a lending institution, secured or
unsecured loans to, or purchase secured or unsecured loans from, a
participating institution for any of the following purposes:
   (A) To finance a project or provide working capital.
   (B) To refinance indebtedness incurred by the participating
institution in connection with projects undertaken, educational
facilities acquired, or working capital financed.
   (9) Mortgage all or any portion of interest of the authority in a
project or other educational facility and the property on which that
project or other educational facility is located whether owned or
thereafter acquired, including the granting of a security interest in
any property, tangible, or intangible and to assign or pledge all or
any portion of the interests of the authority in mortgages, deeds of
trust, indentures of mortgage or trust or similar instruments, notes
and security interest in property, tangible or intangible, or future
payments owed to the authority from participating institutions to
which the authority has made loans, and the revenues therefrom, as
well as moneys held by the authority on those payments or income from
any owned or held by the authority, for the benefit of the holders
of bonds issued to finance the project or educational facility or
issued to refund or refinance outstanding bonds or indebtedness of
participating institutions as permitted by this title.
   (10) Upon the terms and conditions the authority deems proper,
lease a project or educational facility being financed pursuant to
this title to a person, partnership, corporation, or participating
institution, and charge and collect rent therefor. The site authority
shall ensure that all lease transactions are based upon fair market
value rental rates appropriate to the type of facility, the terms of
the lease, and the needs of the site authority. The authority may
terminate a lease pursuant to this paragraph upon the lessee's
failure to comply with any of its obligations under the lease. The
lease may include, but need not be limited to, any of the following
provisions:
   (A) The lessee shall have the option to renew the term of the
lease for the period or periods, and at the rent, determined by the
authority, or to purchase any or all of the lease property.
   (B) Upon payment by the participating institution of all of the
bonds incurred by the authority for the financing of the project or
for the refinancing of the participating institution's outstanding
indebtedness, the authority may convey any or all of the leased
property to the lessee or lessees, with or without further
consideration.
   (11) (A) Obtain, or aid in obtaining, from any state or federal
agency or any private company, any insurance, guarantee, surety bond,
letter or line of credit, or standby purchase agreement regarding,
or of, or for, the payment or repayment of all or part of the
interest, principal, or both, on any loan, lease, or obligation, or
any instrument evidencing or securing the same, made or entered into
pursuant to this title, or on any bonds issued pursuant to this
title.
   (B) Notwithstanding any other provision of this title, enter into
any agreement, contract, or any other instrument regarding any
insurance, guarantee, surety bond, letter or line of credit or
standby purchase agreement specified in subparagraph (A), and accept
payment in the manner and form provided therein in the event of
default by a participating institution.
   (C) Assign any insurance, guarantee, surety bond, letter, or line
of credit or standby purchase agreement specified in subparagraph (A)
as security for bonds issued by the authority.
   (12) At the discretion of the authority, invest any moneys held in
reserve or in sinking funds, or any moneys not required for
immediate use of disbursement, in eligible securities pursuant to
Section 16430 or investments pursuant to Section 53601.
   (13) (A) Contract with the participating institution or
institutions for insurance coverage from the insurance company or
program and for the payment of any expenses in connection therewith,
including any bonds issued to fund or finance the insurance company
or program.
   (B) Participate in joint risk management programs of its
participating institutions, including, but not limited to, the
California State University Risk Management Authority, with respect
to some or all of its activities.
   (14) Provide funding for self-insurance for participating
institutions. Any self-insurance pooling program entered into by
participating institutions that is funded or financed in whole or in
part with proceeds of the sale of bonds pursuant to this title shall
not be subject to regulation of any kind under the Insurance Code or
otherwise as insurance, but shall only be subject to any conditions
or restrictions that may be imposed by the authority.
   (d) The authority shall have no power of eminent domain.

67477.  A business that is located within the site shall be eligible
for any applicable tax benefit as provided in Section 17049 or
Section 23005 of the Revenue and Taxation Code.

67478.  (a) The authority shall adopt a plan to use ad valorem
property tax revenues for the benefit or support of the development
of the California State University campus on the site, including, but
not limited to, the mitigation of project-specific and cumulative
onsite and offsite environmental impact attributable to the
development of the campus as follows:
   (1) As identified in the final environmental impact report for the
long-term development of the campus.
   (2) As determined by the trustees and the County of Ventura
pursuant to an agreement under Article 2.5 (commencing with Section
65864) of Chapter 4 of Division 1 of Title 7.
   (b) The authority's plan pursuant to subdivision (a) may contain a
provision to divide taxes pursuant to Section 33670 of the Health
and Safety Code. If the plan contains a provision to divide taxes
pursuant to Section 33670 of the Health and Safety Code, the
authority shall be subject to Sections 33492.13, 33492.15, 33492.16,
33492.28, and 33492.29 of the Health and Safety Code.

67479.  The authority shall receive all of the local government
share of sales and use tax revenues pursuant to Part 1.5 (commencing
with Section 7200) of Division 2 of the Revenue and Taxation Code
derived from the retail sale or use of tangible personal property
that occurs on the site. In the 2030-2031 fiscal year and each fiscal
year thereafter, the authority shall convey and transfer to the
County of Ventura 50 percent of all sales and use tax revenues
derived from the retail sale or use of tangible personal property
that occurs on the site.

67480.  (a) (1) The California State University, Channel Islands
Site Authority Fund is hereby created in the State Treasury, to be
administered by the authority. Notwithstanding Section 13340, all
moneys in the fund are continuously appropriated to the authority
without regard to fiscal years for the purposes of this title.
   (2) All capital plans for the university portion of the site that
are proposed to be funded through moneys in the fund shall be
included in the annual five-year Capital Outlay Program report of the
California State University that is submitted to the Legislature and
the Governor each year.
   (b) The authority may pledge any or all of the moneys in the fund
as security for payment of the principal of, and interest on, any
particular issuance of bonds pursuant to this title.
   (c) As necessary or convenient to accomplish any purpose of this
title, the authority may divide the fund into separate accounts.
   (d) All moneys accruing to the authority pursuant to this title
from any source shall be deposited in the fund.
   (e) (1) Subject to any priorities created by the pledge of
particular moneys in the fund to secure any issuance of bonds of the
authority, and to reasonable administrative costs incurred by the
authority in implementing this title, all moneys in the fund,
regardless of the source, shall be held in trust for the security and
payment of bonds of the authority, and shall not be used or pledged
for any other purpose while any bonds are outstanding and unpaid.
Nothing in this subdivision shall be construed to limit the power of
the authority to make loans with bond proceeds in accordance with the
terms of the resolution authorizing the issuance of those bonds.
   (2) Pursuant to any agreements with the holders of particular
bonds pledging any particular assets, revenues, or moneys, the
authority may create separate accounts in the fund to manage the
assets, revenues, or moneys in the manner prescribed by the
agreements.
   (f) From time to time, the authority may direct the treasurer of
the authority to do any of the following:
   (1) Invest moneys in the fund that are not required for its
current needs, including, but not limited to, proceeds from the sale
of any bonds in eligible securities specified in Section 16430 or
53601 and designated by the authority, in the resolution authorizing
the issuance of the bonds payable or secured by the moneys.
   (2) Deposit moneys in the fund in interest-bearing accounts in
state or national banks or other financial institutions having
principal offices in the state.
   (3) (A) Transfer moneys in the fund to the Surplus Money
Investment Fund for investment pursuant to Article 4 (commencing with
Section 16470) of Chapter 3 of Part 4 of Division 4 of Title 2 or
Article 1 (commencing with Section 56300) of Chapter 4 of Part 1 of
Division 2 of Title 5.
   (B) Notwithstanding Section 16305.7, all interest or other
earnings resulting from an investment or deposit pursuant to this
subdivision shall be deposited in the fund.
   (g) Except as otherwise provided in paragraph (3) of subdivision
(f), no moneys in the fund shall be subject to transfer to any other
fund pursuant to any provision of Part 2 (commencing with Section
16300) of Division 4 of Title 2.