Monica Mountains Conservancy
Santa Clarita Watershed Recreation and Conservation 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 23 of the Public Resources
Code (Section 33000 et seq.);
THE CITY OF SANTA CLARITA (hereinafter "The City"),
a public agency duly constituted body corporate and politic
of the state of California established pursuant to Government
Code Section 56000 et seq.
SECTION 1. TERM OF
1.0 This agreement shall become effective upon the date last
executed and shall revoke any prior agreements executed, if
SECTION 2. PURPOSE
2.0 The purpose of this agreement is to
acquire, develop, and conserve additional park and open space
lands including water-oriented recreation and conservation
SECTION 3. CREATION
3.0 The authority hereby created shall be a separate entity
"The Santa Clarita Watershed Recreation and Conservation
Authority" hereinafter referred to as "Authority."
By no later than November 1, 1993, the Authority shall submit
to both Conservancy and the City a work program and its initial
SECTION 4. POWERS
4.0. The Authority shall have all powers common to the parties
to this Agreement, and such other powers as may be provided
by statute applicable to local park agencies which relate
to park and open space real property and associated personal
property. Said common powers include, but are not limited
to, all those powers specified in Government Code Section
6508. In addition to those powers specifically set forth herein,
the Authority shall have such additional powers as apply generally
to separate public entities established pursuant to the Joint
Exercise of Powers Act (Chapter 5 [commencing with Section
6500] of Division 7 of Title 1 of the Government Code) insofar
as such powers are necessary or convenient to carry out the
purposes and objectives of this Agreement.
4.1. The Authority is hereby empowered to do all acts necessary
for the exercise of such powers within the Santa Clarita Valley
or the jurisdictional boundaries of the City of Santa Clarita.
4.2. Such powers are subject to the restrictions upon the
manner of exercising the powers as imposed upon the City,
provided in, and for the purposes of, Government Code Section
SECTION 5. GOVERNING
5.0. The Authority shall be governed by its Governing Board
which shall consist of four (4) members, who shall be appointed
One (1) member shall be the Director of Parks, Recreation
and Community Services Department of the City of Santa Clarita.
One (1) member shall be the City Manager of the City of Santa
Two (2) members shall be appointed by the Conservancy.
SECTION 6. MEETINGS
6.0. The Governing Board of the Authority shall fix the hour,
date, and place for its regular meetings. Special meetings
may be held as provided for in the Ralph M. Brown Act (Government
Code Section 54950 et seq.).
6.1. 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.
6.2. The Executive Officer of the Authority shall keep, or
cause to be kept, the minutes of the Governing Board's meetings,
both regular and special, and shall as soon as possible after
each meeting, forward a copy of the minutes to each member
of the Governing Board and to the Conservancy and to the City.
SECTION 7. QUORUM
7.0. Three (3) members of the Governing Board shall constitute
a quorum necessary for the transaction of business. The affirmative
vote of a majority of the quorum shall constitute an action
of the governing Board. Where applicable, Robert's Rules of
Order, Newly Revised, shall govern the procedures of the Governing
Board, except when inconsistent with Ralph M. Brown Act.
SECTION 8. COMPENSATION
8.0. The 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 extent compatible with Government Code Section 1126, Public
Contract Code Sections 10410 and 10411, and any other statutory
8.1. The Governing 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
9.0. The Governing 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.
SECTION 10. ADMINISTRATION
10.0. The Authority shall be administered by an executive
officer who shall perform the functions stated in Government
Code Section 6505.1.
10.1. The Executive Director of the Conservancy
shall serve, without additional compensation, as Executive
Officer of the Authority, unless the Governing Board, by resolution,
appoints another Executive Officer.
10.2. The Finance Director of the City shall be the duly appointed
and acting treasurer and controller of the Authority; such
person is hereby designated as the Financial Officer of the
Authority who shall perform the functions stated in Government
Code Section 6505.5.
10.3. The staff counsel of the Conservancy shall, without
additional compensation, be the duly appointed and acting
counsel for the Authority, unless the Governing Board of the
Authority shall otherwise determine.
10.4. To implement this Agreement, the Conservancy and the
City 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
11.0. The fiscal year of the Authority shall be the fiscal
year of the City, as established from time to time by the
11.1. To the extent funds are legally available therefore,
the Conservancy and the City hereby authorized to make payments
and contributions of public funds, as provided in Section
6504 of the Government Code.
11.2. 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
the City, which budget shall be submitted to the Conservancy
and the City for approval, the time and manner as specified
by the Conservancy and the City. 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.
11.3. The Finance Director of the City 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 City or other appropriate
account, to the credit of the Authority.
B. Be responsible on his official bond for the safekeeping
and disbursement of all Authority money so held by him 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 City 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
11.4. The Finance Director of the City 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 special
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 public
record with the Conservancy and the City 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.
11.5. 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
the Government Code.
SECTION 12. BONDS
12.0. Each member of the Governing Board, the executive officer,
and financial officer shall file an official bond with the
Conservancy. When deemed appropriate by the Conservancy, a
master bond may be utilized as referred to in Government Code
Section 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 Authority deems appropriate. The bond shall
be in the amount of $50,000. The premium shall be paid by
SECTION 13. LIABILITY
13.0. The tort liability of the Authority and of all members
of the Governing Board, and the executive officer and employees
of 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 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.
Pursuant to Sections 6508.1 of the Government Code, the City
and he Conservancy agree that the Conservancy shall assume
all liabilities arising out of or with respect to:
A. Any and all actions taken by Authority
personnel acting on Conservancy property pursuant to a reciprocal
management agreement between the Conservancy and the Authority.
B. Any and all property owned by the Authority which is subject
to a reciprocal management agreement between the Conservancy
and the Authority.
13.2. In addition the Authority may insure itself and the
parties, and the officers and employees of the parties, in
a manner, form and amount appropriate and acceptable to the
City and the Conservancy.
SECTION 14. DISPOSITION
OF PROPERTY AND FUNDS
14.0. Upon termination of this Agreement, the 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 City, unless the
Authority shall determine otherwise.
SECTION 15. NON-LIABILITY
15.0. Except as provided in Section 13 of this Agreement,
neither the Authority nor the Governing Board shall have the
power or authority to bind the Conservancy or the City, 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 debt, liability, contract, obligation, employee,
or agent of the Authority or the Governing Board shall be
or constitute thereby a debt, liability, contract, obligation,
employee, or agent of the parties or any of them.
15.1. No action or omission of the parties or any of them
shall be attributable to the Conservancy or the City except
as expressly provided in Section 13 of this Agreement.
15.2. 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 provided for in the approved budget of the Authority.
SECTION 16. CONTRIBUTION
16.0. Exclusive of grants which the Conservancy may award
to the Authority or the City from time to time, the Conservancy
contribution to the Authority shall be less than $10,000 in
any fiscal year. 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. The contribution, if any to the Conservancy shall
be less than $10,000 in any fiscal year. 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 exchange
of services is hereby authorized to the extent permitted by
Section 6506 of the Government Code.
SECTION 17. NON-DISCRIMINATION
17.0. The provisions of the State of California Non-Discrimination
Clause (Form 17B) are by this reference incorporated herein.
SECTION 18. APPLICATION
18.0. Insofar as powers of the City included in this Agreement,
and not to the Conservancy, are exercised by the Authority,
the Governing Board and officers thereof shall exercise such
powers as the administering agency of this Agreement pursuant
to Government Code Section 6506, notwithstanding the fact
that they may be appointed by, or representative of, the Conservancy.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized representative.
By: SANTA MONICA MOUNTAINS CONSERVANCY
By: CITY OF SANTA CLARITA