Monica Mountains Conservancy
Whittier/Puente Hills 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
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
The CITY OF WHITTIER, (hereinafter
"The City"), a charter city organized and existing
under the laws of The State of California.
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
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
Whittier Hills, which is The area boarded by The 605 Freeway
on The west, The 60 Freeway on The north, Hacienda Boulevard
on The east, and Whittier Boulevard on The south, constitutes
a unique and valuable economic, environmental, scientific,
educational and recreational resource which should be held
in trust for present and future generations; and
WHEREAS, Proposition A, in
Section 8(c)6 allocates not less than $7,000,000 to The Conservancy
for expenditure in The Whittier Hills and provides that prior
to The expenditure of such funds The Conservancy shall enter
into a joint powers agency with The City of Whittier in order
to facilitate The preservation of park and open space land,
WHEREAS, The Conservancy and
The City find and determine that it would be to their mutual
advantage and The public benefit to coordinate their power,
authority and expertise to facilitate The acquisition, development
and conservation of The Whittier Hills; 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
SECTION 1. TERM OF AGREEMENT
1.0 This agreement shall become
effective upon the date last executed and shall revoke any
prior agreements executed.
SECTION 2. PURPOSE
2.0 The purpose of this agreement
is to acquire, develop, and conserve additional park and open
space lands within The Whittier Hills.
SECTION 3. CREATION
3.0 The authority hereby created
shall be separate entity "The Whittier/Puente Hills Conservation
Authority" hereinafter referred to as "Authority."
By no later than July
1, 1994, The Authority shall submit to both The Conservancy
and The City a work program and its initial budget. The initial
budget of The Authority shall consist of the $7,000,000 provided
to The Conservancy in Proposition A for acquisitions in The
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 [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.
4.2 The Authority is hereby empowered to do all acts necessary
for the exercising of such powers within The Whittier/Puente
4.3 Such powers are subject to the restrictions upon the manner
of exercising the powers as imposed upon The City of Whittier,
as 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 five
(5) members, who shall be appointed for a two year term as
Two (2) members shall be full
voting members of The Conservancy as designated by The Conservancy.
Two (2) members shall be full voting members of The Whittier
City Council as designated by The City Council.
One (1) member shall be a public
member who is a resident of The City of Whittier, chosen by
the other members of The Governing Board, and confirmed by
The Whittier City Council and The Conservancy. The public
member may be removed at any time by action of both The Whittier
City Council and 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
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 The 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 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 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
10.2 The City Controller of The City of Whittier 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. The foregoing provisions shall not limit The
Governing Board's authority ~o have independent counsel as
needed or to use The services of The Whittier City Attorney
as The Governing Board may deem necessary.
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 be the appointing
authority for all employees and shall be responsible for the
SECTION 11. FISCAL
11.0 The fiscal year of The
Authority shall be the fiscal year of The City of Whittier,
as established from time to time by The City of Whittier.
11.1 To The extent funds are legally available therefore,
The Conservancy and The City are 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, in 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 City Controller of The City of Whittier 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 a separate account treasury of The
City of Whittier, or other appropriate account, to The credit
of The Authority.
B. Be responsible on his/her official bond of The safekeeping
reimbursement of all Authority money so held by him or her.
C. Pay, when due, out of money of The Authority, all sums
due on outstanding obligations of The Authority. Said sums
shall be paid only by warrants Joint Powers Agreement warrants
of The public officer performing The functions of auditor
or controller of this Authority after approval of said payments
by The Joint Powers Authority.
D. Verify and report in writing on a quarterly basis to The
Authority and to The Conservancy and The 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 City Controller of The City of Whittier 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 accept 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, The City and 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. LIABILITY
12.0 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 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.
SECTION 13. DISPOSITION~ON
OF PROPERTY AND FUNDS
The joint powers agreement
may be terminated by action of a 4/5 vote of either The City
of Whittier City Council or The Governing Board of The Conservancy.
13.1 Upon termination of The 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 as determined by the parties.
SECTION 14. NON-LIABILITY
14.0 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.
14.1 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 this Agreement.
14.2 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.
ECTION 15. CONTRIBUTION
15.0 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 $35,000 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 by The Authority
shall be less than $35,000 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 16. NON-DISCRIMINATION
16.0 The provisions of The
State of California Non- Discrimination Clause (Form 17B)
are by this reference incorporated herein.
SECTION 17. CONSTRUCTION
17.0 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 The Whittier/Puente Hills.
IN WITNESS WHEREOF, The parties
hereto have caused this agreement to be executed by their
duly authorized representatives.
By: SANTA MONICA MOUNTAINS CONSERVANCY
By: CITY OF WHITTIER