BILL NUMBER: SB 415	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 18, 2012
	AMENDED IN ASSEMBLY  JUNE 27, 2011

INTRODUCED BY   Senator  Wright   Price 

                        FEBRUARY 16, 2011

    An act to add Section 4109 to the Food and Agricultural
Code, and to amend Section 8300 of the Government Code, relating to
the Los Angeles Memorial Coliseum Commission.   An act
to amend Section 73 of the Streets and Highways Code, relating to
highways. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 415, as amended,  Wright   Price  .
 Los Angeles Memorial Coliseum Commission.  
State highways: relinquishment.  
   Existing law gives the Department of Transportation full
possession and control of all state highways. Existing law describes
the authorized routes in the state highway system and establishes a
process for adoption of a highway on an authorized route by the
California Transportation Commission. Existing law also authorizes
the commission to relinquish to a county or city any frontage or
service road or outer highway, within the county or city territorial
limits, associated with a state highway that has been deleted from
the state highway system by legislative enactment, and in other
certain cases.  
   This bill would include, as subject to relinquishment, a
park-and-ride lot and would also authorize the commission to
relinquish any frontage or service road or outer highway or
park-and-ride lot to a county transportation commission or regional
transportation planning agency.  
   Under existing law, the Sixth District Agricultural Association,
known and designated as the California Science Center, is authorized
to build, construct, and maintain and operate a stadium or any arena,
pavilion, or other building to be used for specified events,
including sports events. The California Science Center is also
required to 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.  
   This bill would require the California Science Center, if the Los
Angeles Memorial Coliseum Commission fails to perform under or abide
by any terms and conditions of a lease between the commission and the
California Science Center for the Los Angeles Memorial Coliseum, to
become the successor lessor to the commission's interest in the lease
and quit and surrender the leased premises to the California Science
Center and preserve all assets and minimize all liabilities under
the lease, as specified.  
   Existing law requires that the joint powers agreement entered into
by the City of Los Angeles, the County of Los Angeles, and the
California Science Center, creating the Los Angeles Memorial Coliseum
Commission, be amended to provide that the membership of the
commission be increased to include 2 additional ex officio, nonvoting
members, one Member of the Senate appointed by the Senate Committee
on Rules, and one Member of the Assembly appointed by the Speaker of
the Assembly.  
   Existing law further provides that the 2 additional members shall
serve terms that are the same as other members of the commission, and
shall participate in the activities of the commission to the extent
that their participation is not incompatible with their respective
positions as Members of the Legislature. Existing law provides that
for these purposes, the Members of the Legislature shall constitute a
joint investigating committee on the subject of the commission and
shall have the powers and duties imposed upon the committees by the
Joint Rules of the Senate and Assembly.  
   This bill would specify that an ex officio member of the Los
Angeles Memorial Coliseum Commission may be present in closed session
meetings of the commission, and would also state that this provision
is declaratory of existing law.  
   The bill would express the intent of the Legislature to pursue an
appropriate investigation and review of the financial operations,
procedures, and financial dealings of the Los Angeles Memorial
Coliseum Commission. The bill would also set forth a related
statement of findings and declarations. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 73 of the   Streets
and Highways Code   is amended to read: 
   73.  The commission shall relinquish to any county or city any
portion of any state highway within the county or city that has been
deleted from the state highway system by legislative enactment, and
the relinquishment shall become effective upon the first day of the
next calendar or fiscal year, whichever first occurs after the
effective date of the legislative enactment. It may likewise
relinquish any portion of any state highway that has been superseded
by relocation. Whenever the department and the county or city
concerned have entered into an agreement providing therefor, or the
legislative body  or governing board  of the county or city
 ,   or county transportation commission created
pursuant to Chapter 1 (commencing with Section 130000) of Division 12
of the Public Utilities Code, or regional transportation planning
agency  has adopted a resolution consenting thereto, the
commission may relinquish, to that county or city,  or county
transportation commission created pursuant to Chapter 1 (commencing
with Section 130000) of Division 12 of the Public Utilities Code or
regional transportation planning agency,  any frontage or
service road or outer highway  or park-and-   ride lot
 , within the territorial limits of the county or city  or
jurisdiction of the county transportation commission or regional
transportation planning agency  , which has a right-of-way of at
least 40 feet in width and which has been constructed as a part of a
state highway project, but does not constitute a part of the main
traveled roadway thereof. The commission may also relinquish, to a
county or city within whose territorial limits it is located, any
nonmotorized transportation facility, as defined in Section 887,
constructed as part of a state highway project if the county or city,
as the case may be, has entered into an agreement providing therefor
or its legislative body has adopted a resolution consenting thereto.

   Relinquishment shall be by resolution. A certified copy of the
resolution shall be filed with the  board of supervisors or
the city clerk, as the case may be   legislative body or
governing board of the applicable local agency  . A certified
copy of the resolution shall also be recorded in the office of the
recorder of the county where the land is located and, upon its
recordation, all right, title, and interest of the state in and to
that portion of any state highway shall vest in the county or city,
 or with regard to any frontage road, outer highway, or
park-and-ride lot, in the county, city, county transportation
commission, or regional transportation planning agency,  as the
case may be, and that highway  , road,  or portion thereof
 , or park-and-ride lot  shall thereupon constitute a county
road  or   ,  city street,  or other
local facility  , as the case may be.
   The vesting of all right, title, and interest of the state in and
to portions of any state highways heretofore relinquished by the
commission, in the county or city to which it was relinquished, is
hereby confirmed.
   Prior to relinquishing any portion of a state highway to a county
or a city, except where required by legislative enactment, the
department shall give 90 days' notice in writing of intention to
relinquish to the board of supervisors, or the city council, as the
case may be. Where the resolution of relinquishment contains a
recital as to the giving of the notice, adoption of the resolution of
relinquishment shall be conclusive evidence that the notice has been
given.
   The commission shall not relinquish to any county or city any
portion of any state highway that has been superseded by relocation
until the department has placed the highway, as defined in Section
23, in a state of good repair. This requirement shall not obligate
the department for widening, new construction, or major
reconstruction, except as the commission may direct. A state of good
repair requires maintenance, as defined in Section 27, including
litter removal, weed control, and tree and shrub trimming to the time
of relinquishment.
   Within the 90-day period, the board of supervisors or the city
council may protest in writing to the commission stating the reasons
therefor, including, but not limited to, objections that the highway
is not in a state of good repair, or is not needed for public use and
should be vacated by the commission. In the event that the
commission does not comply with the requests of the protesting body,
it may proceed with the relinquishment only after a public hearing
given to the protesting body on 10 days' written notice. 
  SECTION 1.    (a) The Legislature hereby finds and
declares that the mismanagement of the Los Angeles Memorial Coliseum
Commission (hereafter, the commission) and the lack of responsible
oversight has placed the commission in a precarious financial and
contractual position for all of the following reasons:
   (1) Numerous recent events have raised serious questions about the
operation, oversight, and efficiency of the fiscal affairs of the
Los Angeles Memorial Coliseum. Recent articles in the Los Angeles
Times have reported that three years ago the commission had
$12,000,000 in reserves, that the amount in reserves is now
$1,600,000, and that the commission is expecting an additional
deficit of $302,000 in the fiscal year ending June 30, 2011.
   (2) The commission has announced that it will not be able to
undertake the $60,000,000 in renovations included in the terms of its
lease with the University of Southern California.
   (3) A recent scandal exposed by the Los Angeles Times alleges that
the former events manager is under investigation by the Los Angeles
County district attorney's office and the Fair Political Practices
Commission for receiving tens of thousands of dollars from companies
doing business with the Los Angeles Memorial Coliseum that the former
events manager failed to disclose for four years as required by law.
This individual was paid an annual salary of $189,278, and, in
addition, he received more than $100,000 per year from each of his
private companies that did business with the coliseum. Although the
former general manager of the coliseum approved the event manager's
second job with a private company, the former general manager asserts
that he did not approve many of the other deals between the former
events manager and the other private companies.
   (b) The Legislature hereby finds and declares that there is a
clear need for an independent audit of the operations and financial
dealings of the Los Angeles Memorial Coliseum Commission in order to
ensure that the funds controlled by the commission are properly
administered by the commission.  
  SEC. 2.    Section 4109 is added to the Food and
Agricultural Code, to read:
   4109.  (a) As used in this section, the following definitions
shall apply:
   (1)  "Association" means the Sixth District Agricultural
Association, also known and designated as the California Science
Center.
   (2) "Commission" means the Los Angeles Memorial Coliseum
Commission, a joint powers authority created by a joint powers
agreement pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code.
   (3) "Lease" means the lease and agreement, designated as the
Coliseum Lease of 1955, executed on January 3, 1956, by and between
the association and the commission, including the Amendment to
Coliseum Lease, executed on February 13, 2008, by and between the
association and the commission.
   (b) Notwithstanding any other law, or any provision of the lease,
if the commission fails to perform under or abide by any of the terms
and conditions of the lease, including, but not limited to, the
timely payment of rent payments to the association, the association
shall, upon 30 days' written notice, become the successor lessor in
the lease and shall do both of the following:
   (1) Quit and surrender the leased premises to the
association-lessor, as provided in Article 7 of the lease.
   (2) Preserve all assets, minimize all liabilities, and cooperate
with the association, including providing, among other things, that
the maintenance staff shall be under the direction and control of the
association.  
  SEC. 3.    Section 8300 of the Government Code is
amended to read:
   8300.  (a) The joint powers agreement entered into by the City of
Los Angeles, the County of Los Angeles, and the Sixth District
Agricultural Association known and designated as the California
Science Center, creating the Los Angeles Memorial Coliseum
Commission, shall be amended to provide that the membership of the
commission shall be increased to include two additional ex officio,
nonvoting members, one Member of the Senate appointed by the Senate
Committee on Rules, and one Member of the Assembly appointed by the
Speaker of the Assembly.
   (b) The two additional ex officio members shall serve terms that
are the same as other members of the commission, and shall
participate in the activities of the commission to the extent that
their participation is not incompatible with their respective
positions as Members of the Legislature. For the purposes of this
section, the Members of the Legislature shall constitute a joint
investigating committee on the subject of the commission and shall
have the powers and duties imposed upon the committees by the Joint
Rules of the Senate and Assembly.
   (c) An ex officio member of the Los Angeles Memorial Coliseum
Commission may be present in closed session meetings of the
commission. This provision is declaratory of existing law. 

  SEC. 4.    It is the intent of the Legislature to
pursue an appropriate investigation and review of the financial
operations, procedures, and financial dealings of the Los Angeles
Memorial Coliseum Commission.