Monica Mountains Conservancy
Joint Exercise of Powers Agreement
Eastern Ventura County Conservation Authority
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 COUNTY OF VENTURA, (hereinafter "The County")
a duly constituted political subdivision of the state of California
established pursuant to Title 3 (commending with Section 23000)
of the Government Code.
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;
WHEREAS, The County have 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;
WHEREAS, Pursuant to Title 1, Division 7, Chapter 5 of the Government
Code, 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 Districts, constitutes a unique
and valuable economic, environmental, agricultural, scientific,
educational, and recreational resource which should be held
in trust for present and future generations; and
WHEREAS, The Conservancy and the County find and determine that
it would be to their mutual advantage and the public benefit
to coordinate their power and authority and expertise to facilitate
the acquisition, development, and conservation of such lands;
THEREFORE, The parties mutually agree as follows:
SECTION 1. TERM OF
1.0. This Agreement shall become effective upon the date last
executed and shall continue until terminated by action of
either party giving the other party three months notice of
SECTION 2. PURPOSE
2.0. The general purpose of this Agreement is to acquire,
develop, and conserve existing and proposed parks, open space
lands, trails, trail corridors, and public access points within
the jurisdictional boundaries of the respective parties to
this agreement. Special emphasis shall be given to the conservation
and appropriate development of trails, trail corridors, and
public access points of the eastern unincorporated portion
of Ventura county, and lands under the jurisdiction of the
Santa Monica Mountains Conservancy.
SECTION 3. CREATION
3.0. The Authority hereby created shall be a separate public
entity which shall be known as "The Eastern Ventura County
Conservation Authority" hereinafter referred to as "Authority".
By no later than December 1, 1989, the Authority shall submit
to the parties a work program for interim management and development
of those portions of Happy Camp Canyon Regional Park which
are to be kept in a natural condition.
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. The Authority shall contract with existing public entities,
including other joint powers agencies composed of one or more
parties to this Agreement, for the performance of all field
operations and services, except to the extent that the Governing
Board determines otherwise.
4.1. 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 (commending 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.
4.2. The Authority is hereby empowered to do all acts necessary
for the exercise of such powers within the Santa Monica Mountains
Zone and the unincorporated portion of the County.
4.3. Such powers are subject to the restrictions upon the
manner of exercising the powers as imposed upon the County
of Ventura, provided in and for the purposes of Government
Code Section 6509.
SECTION 5. GOVERNING
5.0. The Authority shall be governed by its Governing Board
which shall consist of three (3) members, who shall be appointed
A. One (1) member shall be the member of the Conservancy
appointed by the Conservancy.
B. One (1) member shall be the member of the Conservancy serving
as the representative of the County of Ventura.
C. One (1) member shall be a member of the Ventura County
Board of Supervisors or his or her designee.
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.
SECTION 7. QUORUM
7.0. A majority of the appointed 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. The Governing
Board shall establish its own procedures, consistent with
applicable laws, for conducting meetings.
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 provision.
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 administration of the affairs of the Authority
shall be vested in a Executive Officer who, in addition to
such other powers as are specified in this Agreement or by
the Governing Board, 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 Auditor/Controller of the County of Ventura 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 parties 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 County of Ventura.
11.1. To the extent funds are legally available therefore,
the parties are hereby authorized to make payments and contributions
of public funds, as provided in Section 6504 of the Government
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 District, which budget shall be submitted to the Conservancy
and the District for approval, in the time and manner as specified
by the Conservancy and the 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
11.3. The Treasurer/Tax Collector of the County of Ventura
shall act as the treasurer of the Authority and shall have
custody of all money of the Authority form whatever source.
The treasurer so designated shall:
A. Receive all money of the Authority and
place it in the treasury of the County of Ventura 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 Districts 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 report.
11.4. The Auditor/Controller of the County of Ventura 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. Such report shall be filed within 12 twelve 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
Authority. When deemed appropriate by the Authority, 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.
13.1. Pursuant to Sections 6508.1 of the Government Code,
the parties agree that the Conservancy shall assume all liabilities
arising out of or with respect to:
A. The Conservancy shall retain liability
for any and all actions taken by Conservancy personnel pursuant
to a reciprocal management agreement between the Conservancy
and the Authority; and
B. Any and all property owned by the Authority which is subject
to a reciprocal management agreement between the Conservancy
and the Authority.
C. Any and all property owned by the County over which the
Authority or Conservancy has management responsibility, either
established by this agreement, or by a subsequent agreement
between County and the Authority that has been approved by
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
SECTION 14. PROPERTY
MANAGEMENT AND 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 public agency determined
by the parties.
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 parties, 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 Districts
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
from time to time to the Authority or to any of the parties
to this Agreement, 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
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 common to the County, 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 Santa Monica Mountains
18.1 If the Conservancy is terminated by operation of law,
the Authority shall terminate and property shall be disposed
of in accordance with Section 14 above.
19.0 This agreement shall be liberally construed in order
to effectuate its purposes of conservation and development
of park, recreation, open space, and trail corridor resources.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized representative.
By: SANTA MONICA MOUNTAINS
By: COUNTY OF VENTURA