Monica Mountains Conservancy
Mountains Conservancy and Education Authority
Joint Exercise of Powers Agreement
THIS AGREEMENT is entered into pursuant to
the provisions of Title 1, Division 7, Chapter 5, Article
1 (Section 6500 et seq.) of the Government Code relating to
the joint exercise of powers between the following parties:
The SANTA MONICA MOUNTAINS CONSERVANCY (hereinafter “The
Conservancy”), a public agency of the State of California
established pursuant to Division 2 of the Public Resources
Code (Section 33000 et seq.); and
THE TOPANGA- LAS VIRGENES RESOURCE CONSERVATION DISTRICT
(hereinafter “The District”), a resource conservation
district of the State of California established pursuant to
Chapter 3, Division 9 of the Public resources Code (Section
9401 et seq.).
WHEREAS, The Conservancy has the authority and expertise
to acquire, develop and conserve open space and other parkland
for the public benefit and for public recreation use and enjoyment
and also has the authority to award grants for improvements,
maintenance, acquisition and educational interpretation programs
relating to such land; and
WHEREAS, The District also has the power and authority and
expertise to acquire, develop and conserve such lands for
purposes of resource protection and conservation and to provide
conservational and educational interpretation programs; and
WHEREAS, Pursuant to Title 1, Division 7, Chapter 5 of the
Government Code of the State of California, commonly known
as the Joint Exercise of Powers Act, two or more public agencies
may by agreement jointly exercise any power common to the
contracting parties; and
WHEREAS, The land within the Santa Monica Mountains Zone,
and within the boundaries of said District, constitutes a
unique and valuable economic, environmental, agricultural,
scientific, educational, and recreational resource which should
be held in trust for present and future generations.
WHEREAS, The Conservancy and the District find and determine
that it would be to their mutual advantage and the public
benefit to cooperate and coordinate their power, authority
and expertise in those areas in which the Conservancy and
the District have powers in common; and
WHEREAS, The Conservancy and the District find that it would
be mutually advantageous to coordinate their efforts to provide
educational interpretation programs for the participants in
the Conservancy’s Recreational Transit Program and for
other members of the public using parks in the Santa Monica
Mountains Zone; and
WHEREAS, The parties desire, by means of this Agreement,
to establish an organization and procedure for such exercise
of power and authority and to provide for the organization’s
power and procedures.
NOW, THEREFORE, the parties mutually agree as follows:
Section 1. TERM OF
This agreement shall become effective upon the date last
executed and shall revoke and prior agreements executed, if
Section 2. PURPOSE
The purpose of this Agreement is to provide for coordination
and cooperation between the Conservancy and the District and
to provide for the joint exercise of those powers which the
parties have in common pursuant to Chapter 3, Division 9 (Section
9401 et seq.) and Division 23 (Section 33000 et seq.) of the
Public resources Code, which powers include the authority
to provide educational interpretation programs for the public.
Section 3. CREATION
The authority hereby created shall be a separate entity
“The Mountains Conservancy and Education Authority”
hereinafter referred to as “Authority.” The initial
workprogram and initial budget are attached as exhibit A.
Section 4. POWERS
The Authority shall have all powers common to the parties
to this agreement as provided in Chapter 3, Division 9 and
in Division 23 of the Public Resources Code, which powers
include the protection and enhancement of resources and open
space real property and the provision of educational interpretation
and conservation programs. Said common powers include, but
are not limited to those specified in Government Code Section
The Authority is hereby empowered to do all acts necessary
for the exercise of such common powers within either the Santa
Monica Mountains Zone or the jurisdictional boundary of the
Said powers are subject to the restrictions upon the manner
of exercising the powers as imposed upon the District in the
exercise of similar powers, as provided in and for the purposes
of California Government Code Section 6509.
Section 5. GOVERNING
The Authority shall be governed by its Governing Board which
shall consist of three (3) voting members who shall be appointed
One (1) member shall be appointed by the governing board
of the District.
Two (2) members shall be appointed by the governing board
of the Conservancy.
The staff educational coordinator of the District shall
service as a non-voting member of the Governing Board of the
Section 6. MEETINGS
The Board shall fix the hour, date and place for its regular
meetings. Special meetings may be held for in the Ralph M.
Brown Act, Government Code Section 54950 et seq.
All meetings of the 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 Board not inconsistent
The Executive Officer shall keep or cause to be kept the
minutes of the Authority’s meetings both regular and
special, and shall as soon as possible after each meting forward
a copy of the minutes to each member of the Board and to the
Conservancy and the District.
Section 7. VOTING
Two (2) members of the Board, one (1) from the Conservancy
and one (1) from the District, shall constitute a quorum necessary
for the transaction of business. Where applicable, Roberts
Rule of Order, Revised, shall govern the procedures of the
Board, except when inconsistent with the Ralph M. Brown Act.
Section 8. COMPENSATION
The members of the Board shall serve without compensation,
except that a reasonable allowance or reimbursement for attendance
at meetings of the Board as determined by the Board may be
paid to the extent compatible with Government Code 1126, Public
Contract Code Section 10410 and 10411, and any other statutory
The Board, by resolution, shall designate a specific location
at which it will receive notices, correspondence, and other
communications and shall designate one of its members or employees
as an “officer” for the purpose of receiving service
of process on behalf of the Authority.
Section 9. OFFICERS
The Board shall elect its own chairperson and vice chairperson.
The chairperson shall preside over all meetings of the Authority.
The vice chairperson shall preside in the absence of the chairperson.
The financial officer of the District shall be the duly appointed
and acting treasurer and controller of the Authority.
Section 10. ADMINISTRATION
The Authority shall be administered by an executive officer,
who shall perform the functions stated in Government Code
The Executive Director of the Conservancy shall serve, without
additional compensation, as Executive Officer of the Authority,
unless the Board by resolution, appoints another Executive
The financial officer of the District shall serve as the
treasurer and controller of the Authority and shall perform
the functions stated in Government Code Section 6505.5.
The counsel of the Conservancy, shall, without additional
compensation, be the duly appointed acting counsel for the
Authority, unless the Authority shall otherwise determine.
To implement this Agreement, the Conservancy and the District
may loan employees to the Authority. To achieve the purposes
of this Agreement, the Authority may, from time to time, establish
positions and fix the salaries of employees of the Authority.
The Executive Officer of the Authority shall appoint such
other employees for positions established by the Board and
shall be responsible for the supervision thereof.
Section 11. FISCAL
The fiscal year of the Authority shall be the fiscal year
of the District, as established from time to time by the District.
To the extent funds are legally available thereof, Conservancy
and District are hereby authorized to make payments and contributions
of public funds, as provided in Section 6504 of the Government
The Authority shall be strictly accountable for all funds,
receipts, and disbursements. The Authority shall prepare an
annual budget, in a form approved by the Conservancy and District,
which budget shall be submitted to the Conservancy and District
for approval, in the time and manner as specified by Conservancy
and District. Public funds may not be disbursed by the Authority
without approval of the adopted budget of the Authority, and
all receipts and disbursements shall be in strict conformance
with the adopted and approved budget.
The financial officer of the District shall act as the treasurer
of the Authority and shall be the depository and have custody
of all money of the Authority from whatever source. The treasurer
so designated shall:
A. Receive all money of the Authority and
place it in the treasury of the District to the credit of
B. Be responsible upon his official bond for the safekeeping
and disbursement of all Authority money so held by her or
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
D. Verify and report in writing on a quarterly basis to the
Authority and to the Conservancy and District the amount of
money held on account for the Authority, the amount of receipts
since the last report, and the amount paid out since the last
The financial officer of the District shall perform the functions
of the auditor or controller of the Authority. He shall either
make or contract with a certified public accountant to make
an annual audit of the accounts and records of the Authority.
In each case the minimum requirements of the audit shall be
those prescribed by the State Controller for the specific
districts under Section 26909 of the Government Code and shall
conform to 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 the Conservancy and District and also with such other
offices as the parties so require. 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 the Authority
and charged against any unencumbered funds of the Authority.
The Authority shall have the power to invest any money in
the treasury of the Authority that is not required for the
immediate necessities of the Authority, as the Authority determines
advisable in the same manner and upon the same conditions
as local agencies pursuant to Section 53601 of he Government
Section 12. BONDS
Each member of the Board, the executive officer, treasurer,
and controller shall file an official bond with the Conservancy.
When deemed appropriate by the Conservancy, a master bond
may be utilized as referred to in the Government Code, Section
1481, and the bond shall also comply with those requirements
of Government Code, Title 1, Division 4, Chapter 3, with those
sections being deemed applicable to the Authority to the extent
the Conservancy deems appropriate. The bond shall be in the
amount of $50,000. The premium shall be paid by the Authority.
Section 13. DISPOSITION
OF PROPERTY AND FUNDS
Upon termination of the Agreement, Authority forthwith shall
wind up its affairs, including discharging all of its outstanding
legal obligations. Personal property and funds remaining in
the Authority shall be returned to the party from which the
funds or personal property were obtained, except as mutually
agreed by the parties. All real property owned by the Authority
shall be conveyed to the District, unless the Authority shall
Section 14. NONLIABILITY
Neither the Authority nor the Board shall have the power
or authority to bind the Conservancy or the District, or either
of them, to any debt, liability, contract, or obligation,
or to employ any person on behalf of the parties, or either
of them; and no debt, liability, contract, obligation, employee,
or agent of the Authority or of the Board shall be or constitute
thereby a debt, liability, contract, obligation, employee,
or agent of the parties or either of them.
No action or omission of the Authority shall be attributable
to the Conservancy or the District.
The Authority may maintain such public liability and other
insurance as in its discretion is deemed appropriate and to
the extent the cost of premiums thereof are budgeted and approved
by the Conservancy and District.
Section 15. CONTRIBUTION
Exclusive of grants which the Conservancy may award to the
Authority or the District from time to time, the Conservancy
contribution to the Authority shall be less that $10,000.
Contribution is here defined to include monetary contributions,
if any, and the reasonable value of the services of any employee
of the Conservancy loaned by it to the Authority, if any.
The contribution, if any, to the Conservancy by the Authority
shall be less that $10,000.
Section 16. NON-DISCRIMINATION
The provisions of State of California Nondiscrimination
Clause (Form 17B) are by this reference incorporated herein.
IN WITNESS WHEREOF, the Santa Monica Mountain Conservancy
and the Topanga- Las Virgenes Conservation District have caused
this agreement to be executed by their duly authorized representatives.