Monica Mountains Conservancy
BALDWIN HILLS CONSERVATION AUTHORITY
Joint Exercise of Powers Agreement
WHEREAS, for more than twenty years the County of Los Angeles
has worked to acquire and protect the open space resources
of the Baldwin Hills; and
WHEREAS, through the efforts of the County of Los Angeles,
the Kenneth Hahn State Recreation Area administered by the
County, in the Baldwin Hills, is one of the nation’s
premier urban recreation areas; and
WHEREAS, as the last major open space resource within the
central Los Angeles urban area, the Baldwin Hills provides
essential relief from the urban environment and provides park
and recreational opportunities to an under-served population;
WHEREAS, due to intense urbanization, Los Angeles County
has a large unmet need for parkland and natural habitat, and
the Baldwin Hills provide an unparalleled opportunity to provide
urban parkland and restore lands substantially to their natural
condition and provide valuable resources for birds, plants
and animals and science education opportunities for urban
WHEREAS, it is critical that these last remaining open space
lands in the middle of an intensively developed urban area
be protected and restored for this and future generations;
WHEREAS, the people of the County of Los Angeles have enacted
Proposition A of 1992 that established the Los Angeles County
Regional Parka and Open Space District, and Proposition A
of 1996 that calls for a significantly greater acquisition
program within the Baldwin Hills to expand the Kenneth Hahn
Recreation Area; and
WHEREAS, the Santa Monica Mountains Conservancy has since
1980 acquired open space land for conservation, recreation
and natural habitat restoration purposes; and
WHEREAS, the Santa Monica Mountains Conservancy desires to
assist in the protection, enhancement, and appropriate recreational
development of urban space areas and the pursuit of outside
funding sources at local, state, and federal levels so that
the benefits of natural lands and open space can be more equitably
distributed among all residents of the greater Los Angeles
Now, therefore, pursuant to the Joint Exercise of Powers
Act (Government Code §6500 et seq.) the County of Los
Angeles (hereinafter “COUNTY”), and the Santa
Monica Mountains Conservancy, an agency of the State of California
(hereinafter “CONSERVANCY”) (hereinafter “parties”
or “member agencies”), agree as follows:
1.0. The purpose of this agreement is to provide for a comprehensive
program to acquire, expand and improve open space, natural
habitat and recreational opportunities within the Baldwin
Hills, to improve connections between Baldwin Hills and other
natural and recreational areas, including Ballona Creek, and
for the conservation, protection of natural habitat restoration,
and environmental enhancement of the Baldwin Hills area and
protection of the Ballona Creek watershed and water quality.
1.1. Acquisitions may be by the way of gift, devise, purchase,
exchange or eminent domain and shall extend to any interest
in real or personal property necessary to carry out the purposes
of this agreement.
2.0. The parties hereto agree to exercise their common powers
to the maximum extent thereof for the purposes of implementing
this agreement, including, but not limited to, all of the
following powers: to make and enter into contracts; to employ
agents and employees, to contract for services deemed necessary
to meet the purposes of the Authority; to acquire, including
lease, purchase or lease purchase, hold and dispose of any
interest in real or personal property necessary to carry out
the purpose of this Agreement; to construct, manage, and maintain
facilities and services; to sue and be sued in its own name,
to incur debts, liabilities and obligations. However, in debts,
liabilities and obligations of the Authority shall not constitute
any debt, liability or obligation of a party to this Agreement;
to apply for and accept grants for financial aid pursuant
to any applicable state or federal statute or regulation;
to recommend funding shares and/ or funding sources o the
It is the intent of the parties to this agreement to specifically
provide that in the event of the exercise of the commonly
held power of eminent domain to accomplish the purposes of
this agreement, that no consent shall be required from the
jurisdiction in which the property to be acquired lies or
from any jurisdiction which includes such property in its
sphere of influence.
2.1. Such powers are subject to the restrictions upon the
manner of exercising the powers as imposed upon the COUNTY,
as provided in, and for the purpose of, Government Code §6509.
Powers common to each member shall include any powers granted
to each member by legislative amendment subsequent to the
date of this Agreement;
2.2. Neither the AUTHORITY, nor any of the parties acting
collectively, shall have the power to raise revenues and/
or incur debt through taxation, assessment and/ or levy of
any kind. Notwithstanding the forgoing prohibition, a party
to this agreement may form a benefit district or incur debt,
within its individual boundaries and utilizing its statutory
authority, in furtherance of the purposes of the AUTHORITY.
2.3. The Authority shall have such additional powers as authorized
by the Joint Powers Act at Government Code 6500 et seq. and
as that ACT may be amended. Such powers shall be exercised
as required by statute.
3.0. For purposes of this agreement, the Baldwin Hills shall
include the Kenneth Hahn State Recreation Area and such other
areas as may be needed within the boundary of the Second Supervisoral
District, to provide additional open space, natural habitat
and habitat connections, trails and trail connections that
are necessary to provide public access and recreational amenities
that will enhance the Kenneth Hahn State Recreational Area
and further the purposes of this agreement. The governing
board established pursuant to § 5.1 of this agreement
may from time to time, publish a map and description more
particularly describing the Baldwin Hills area as such term
is used in this agreement.
4. SEPARATE ENTITY
4.0. ”Baldwin Hills Regional Conservation Authority”
(hereinafter “AUTHORITY”) is herby established
as a separate public entity within the meaning, and for the
purposes of, the Joint Exercise of Powers Act (Government
Code §6500 et seq.)
5. GOVERNING BOARD
5.0. Authority shall be governed by a “board constituted
pursuant to the agreement” within the meaning of Government
5.1. The Governing Board of the Authority is hereby established
(a) The member of the County Board of Supervisors
representing the majority of the area encompassed by the Baldwin
Hills, or his or her designee, who shall serve as Chairperson
of the AUTHORITY.
(b) The Director of the Los Angeles County Department of Parks
and Recreation or his or her designee, who shall serve as
Vice Chairperson of the AUTHORITY.
(c) Two public members appointed by the CONSERVANCY, neither
of who shall be employees thereof.
(d) One public member who shall be nominated by the Chairperson
and Vice Chairperson of the AUTHORITY and confirmed by the
County Board of Supervisors and the CONSERVANCY.
6. ADVISORY COMMITTEE
6.0. The Governing Board may appoint an Advisory Committee
to assist it in its deliberations. Such committee, it appointed,
shall be comprised of individuals who are broadly representative
of the community and the diverse interests that have a stake
in the Baldwin Hills area.
7.0. The Governing Board shall provide for its regular meetings
provided that it shall hold at least one regular meeting in
each quarter of each year and such further meetings as may
be reasonable. All meetings of the Governing Board shall be
called, held, and conducted in accordance with the provisions
of the Ralph M. Brown Act and with such further rules of the
Governing Board as are not inconsistent therewith.
7.1. The Authority shall keep, or cause to be kept, the minutes
of the Governing Board’s open minutes, and shall as
soon as possible after each meeting, forward a copy pf the
minutes to each member of the Governing Board and to the governing
body of each of the participating entities to this agreement.
8. QUORUM AND PROCEDURE
8.0. A majority of the Governing Board shall constitute a
quorum for the transaction of business. The affirmative vote
of a majority of those members present and voting shall constitute
an action of the Governing Board, except that a minimum of
three affirmative votes are required for action.
8.1. Where applicable, Robert’s Rules of Order, Newly
Revised, shall govern the procedures of the Governing Board,
except when inconsistent with the Ralph M. Brown Act or other
procedures previously adopted by the Governing Board.
9.0. Members of the Governing Board shall serve without compensation
except that a reasonable allowance or reimbursement for attendance
at meetings of the Governing Board, as determined by the Governing
Board, may be paid to the pubic members to the extent compatible
with Government Code §1126, Public Contract Code §
10410 and 10411, and any other statute and the Los Angeles
10.0. The Authority shall be administered in accordance with
the policies and directives of the Governing Board. It shall
have an Executive Officer who shall have charge of, handle,
or have access to any and all property of the AUTHORITY as
provided in Government Code §6505.1.
10.1. The Executive Director of the Santa Monica Mountains
Conservancy shall serve ex officio, without additional compensation,
as Executive Officer of the AUTHORITY for the first five years
following the effective date of this Agreement and until reappointment
or selection of a successor. After the first five years, the
AUTHORITY may reappoint the initial Executive Director, or
may appoint a new Executive Director, to serve at the pleasure
of the AUTHORITY Board for subsequent terms of two years and
on such other terms as the AUTHORITY board may provide.
10.2. The Treasurer of the County shall be duly appointed
and acting treasurer of the AUTHORITY. The AUTHORITY shall
reimburse the County for costs incurred pursuant to this section,
subject to prior approval of costs by the Governing Board
at a rate to be set by COUNTY through its Treasurer.
10.3. The AUTHORITY may use counsel from its member agencies,
and/ or it may retain independent counsel.
10.4. To implement this Agreement the parties hereto may
loan employees to the AUTHORITY.
11. FISCAL CONTROLS
11.0. The Fiscal year of the AUTHORITY shall be the fiscal
year of the County.
11.1. As provided in Government Code §6504, and to the
extent otherwise permitted by law, COUNTY and CONSERVANCY
herby provide that (a) contributions from their respective
agencies’ treasurers may be made for the purposes set
forth in this agreement, (b) payments of public funds may
be made to defray the cost of such purposes, (c) advances
of public funds may be made for the purposes set forth in
this agreement, such funds to be repaid as provided herein,
(d) personnel, equipment or property of one or both of the
parties to this agreement may be used in lieu of other contributions
or advances. The contributions, payments or advances are in
any instance to be paid to and disbursed by the AUTHORITY.
11.2. The AUTHORITY shall be strictly accountable for all
funds, receipts and disbursements. The AUTHORITY shall prepare
an annual budget. Public funds may not me disbursed by the
AUTHORITY except pursuant to the adopted budget of the AUTHORITY,
and all receipts and disbursements shall be in strict conformance
with the adopted and approved budget.
11.3. The treasurer of the AUTHORITY shall be the depository
and have custody of all money of the AUTHORITY from whatever
source. In accordance with Government Code §6505.5, the
(a) Receive and receipt for all money of
the AUTHORITY and place it in the treasury of the COUNTY to
the credit of the AUTHORITY. All interest on funds deposited
with the treasurer shall accrue to the AUTHORITY to be used
for the purposes thereof pursuant to the adopted budget.
(b) Be responsible on his or her official bond for safekeeping
and disbursement of all AUTHORITY money so held.
(c) Pay, when due, out of money of the AUTHORITY so held,
all sums due on outstanding obligations of the AUTHORITY.
Said sums shall be paid only by warrants of the public officer
performing the functions of auditor or controller of this
AUTHORITY.(d) Verify and report in writing on a quarterly
basis to the AUTHORITY and to the parties to this agreement,
the amount of receipts since the last report, and the amount
paid out since the last report.
11.4. The Auditor Controller of the COUNTY shall perform
the functions of auditor or controller of the AUTHORITY. Such
person is hereby designated as the financial Officer of the
AUTHORITY who shall perform the functions of the Auditor stated
in Government Code §6505 and 6505.5. The Auditor Controller
shall either make or contract with a certified public accountant
to make, annual audit of the accounts and records of the AUTHORITY.
In each case the minimum requirements of the audit shall be
those prescribes by the State Controller for special districts
under § 26909 of the Government Code, and shall conform
to the generally accepted auditing standards. Where an audit
of an account and records is made by a certified public accountant,
a report thereof shall be filed as a public record with each
of the parties to this agreement. Such report shall be filed
within six months of the end of the fiscal year under examination.
Any costs of the audit, including contracts with or employment
of a certified public accountant, shall be borne by he AUTHORITY
and charged against any unencumbered funds of the AUTHORITY.
11.5. The Treasurer shall have the power to invest any money
of the AUTHORITY in the custody of the treasurer in the same
manner and upon the same conditions as local agencies pursuant
to Government Code §53601.
11.6. The AUTHORITY agrees to fully indemnify the Treasurer
and the Auditor for and against all damages, claims or liability
incurred as a result of the performance of their duties hereunder,
unless cased by the willful misconduct or gross negligence
of the Treasurer, the Auditor or their staff or employees.
12.0. The executive officer, and treasurer shall file an
official bond with the AUTHORITY. When deemed appropriate
by the AUTHORITY, a master bond may be utilized as referred
to in Government Code §1481, and the bond shall also
comply with the requirements of Title 1, Division 4, Chapter
3 of the Government Code, with those sections being deemed
applicable to the AUTHORITY to the extent the COUNTY deems
appropriate. The bond shall be in the amount of not less than
$50,000. The premium shall be paid by the AUTHORITY.
13. LIABILITY OF AGENCY,
OFFICERS AND EMPLOYEES
13.0. Pursuant to Government Code § 6508.1, the parties
to this Agreement specify that the debts, liabilities, and
obligations of the AUTHORITY shall not be the debts, liabilities
and obligations of either of the parties to this Agreement.
Specifically, neither the AUTHORITY nor the Governing Board
shall have the power or authority to bind the parties to this
agreement, or any of them to any debt, liability, contract,
or obligation, or to employ any person on behalf of the parties,
or any of them.
No action or omission of the parties or any of them shall
be attributable to any other parties to this agreement except
as expressly provided in this Agreement.
13.1. The tort liability of the AUTHORITY and all members
of the Governing Board, and the executive officer and employees
of the parties to this agreement who may be loaned to the
AUTHORITY, shall be controlled by the provisions of Division
3.6 of the Government Code. The provisions of Division 3.6
of the Government Code relating to indemnification of public
employees and the defense of actions arising out of any act
or omission occurring in the scope of their employment shall
apply to all members of the Governing Board, officers, and
employees with respect to the AUTHORITY. The AUTHORITY shall
indemnify and hold harmless individual Governing Board members,
officers and employees for actions taken lawfully and in good
faith pursuant to this Agreement. Nothing in this section
or agreement shall be construed to limit defenses available
to the AUTHORITY, its officers, employees staff, governing
board members or member agencies under any law, including
the Government Tort Claims Act set out in California Government
Code § 830 et seq.
14.0. The AUTHORITY may acquire and maintain insurance as
appropriate to the extent premiums of any insurance are provided
in the adopted budget of the AUTHORITY.
15. ANNUAL BUDGET
/ PROPERTY TRANSFERS
The Governing Board of the AUTHORITY shall approve a preliminary
budget for the succeeding fiscal year prior to May 1 of each
year. The Governing Board shall adopt a final budget subject
to annual contributions from member agencies. The member agencies
share of the AUTHORITY’s annual budget shall be approved
by the member agencies.
At the request of the County Director of Parks and Recreation,
AUTHORITY shall offer to transfer to the County of Los Angles,
at no additional cost, any property interests acquired by
This agreement shall continue in full force and effect from
year to year.
17. DISPOSITION OF
PROPERTY AND FUNDS
17.0. Upon termination of this Agreement, the AUTHORITY forthwith
shall wind up its affairs, including discharging of all its
outstanding legal obligations. Personal property and unencumbered
funds remaining in the AUTHORITY shall be retuned to the party
or source from which he funds or personal property were obtained,
except as mutually agreed by the parties. All real property,
if any, owned by the AUTHORITY shall be conveyed as the AUTHORITY
shall determine, and if no determination is made, then such
property shall be transferred to COUNTY to become part of
Kenneth Hahn State Recreation Area, or disposed of consistent
with all applicable restriction, at the option of COUNTY.
18. WITHDRAWAL OF
18.0. Notwithstanding any other provision of this Agreement,
any party may by resolution of its governing board withdraw
as a party to this Agreement provided that: (1) at the time
of withdrawal, that party has either discharged, or arranged
for the discharge of, any pending legal or financial obligations
it has assumed under or pursuant to this Agreement and (2)
it provides written notice of its intent to withdraw to the
Executive Officer not less than one year prior to the effective
date of its withdrawal.
19. CONTRIBUTION OF
Exclusive of grants which the COUNTY or the CONSERVANCY may
award to the AUTHORITY, the CONSERVANCY contribution to the
AUTHORITY shall be, in any fiscal year, within contract delegation
amount pursuant to state law, unless specific authorization
for a great contribution is granted by the state. Contribution
is here defined to include monetary contributions, if any,
and the reasonable value of the services of any employees
of the CONSERVANCY loaned by it to the AUTHORITY, if any.
This section shall not affect the mutual exchange of services
between parties to this agreement and the AUTHORITY without
payment of any consideration other than such services. Such
mutual exchanges of services. Such mutual exchanges of services
is hereby authorized to the extent permitted by § 6506
o the Government Code. Each party to this agreement shall
contribute $500 per annum to cover costs of mailing notices
and others required expenditures.
20. NON- DISCRIMINATION
20. The provisions of the State of California Non-Discrimination
Clause (Form 17B) are attached and by this reference incorporated
21. APPLICATION OF
21. Insofar as powers common to the COUNTY included in this
agreement, and not to the CONSERVANCY, are exercised by the
AUTHORITY, the governing Board and officers shall exercise
such powers as the administering agency of this agreement
pursuant to Government Code § 6508, notwithstanding the
fact they may be appointed by, or representative of, the CONSERVANCY.
22. AMENDMENT TO THE
22.0. The provision of this agreement may be amended only
upon the unanimous agreement of the parties to the agreement.
23. SUCCESSOR STATUTES
23.0. All statutes cited herein shall be deemed to include
amendments and/ or successor statues to the cited statutes
as they presently exist.
NUMBER, GENDER, CAPTION
24.0. This AGREEMENT has been executed in the State of California
and shall be construed according to the law of the said State.
Numbers and genders are used herein shall be construed to
include that number and/ or gender which is appropriate in
the context of the text in which either is included. Captions
are included herein for the purposes of each reading and identification.
Neither gender, number nor captions used herein shall be construed
to alter the plain meaning of the text in which any or all
of them appear.
25. AGREEMENT TO COMPLETE
25.0. This AGREEMENT constitutes the full and complete agreement
of the parties.
IN WITNESS WHEREOF, the parties hereto caused this agreement
to be executed on the 27th of April, 1999 by their duly authorized
1. During the performance of this contract, contractor and
its subcontractors shall not unlawfully discriminate, harass
or allow harassment, against any employee or applicant for
employment because of sex, race, color, ancestry, religious
creed, national origin, disability (including HIV and AIDS),
medical condition (cancer), age (over 40), marital status,
denial of family care leave and denial of pregnancy disability
leave. Contractors and subcontractors shall insure that the
evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment.
Contractor and subcontractors shall comply with the provisions
of the Fair Employment and Housing Act (Government Code, Section
12900 et seq.) and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, Section
7285.0 et seq.). The applicable regulations of the Fair Employment
and Housing Commission implementing Government Code, Section
12990 (a-f), set forth in Chapter 5 of Division 4 of Title
2 of the California Code of Regulations are incorporated into
this contract by reference and made a part hereof as if set
forth in full. Contractor and its subcontractors shall give
written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining
or other agreement.
2. This contractor shall include the non-discrimination and
compliance provisions of this clause in all subcontracts to
perform work under contract.