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HomeMy WebLinkAbout2016-05-10 - RESOLUTIONS - SC PARKING AUTHORITY (2)RESOLUTION NO. PA 16-01 A RESOLUTION OF THE SANTA CLARITA PARKING AUTHORITY DESIGNATING OFFICERS, ADOPTING BYLAWS, PERSONNEL RULES AND REGULATIONS, AND A CONFLICT OF INTEREST CODE, AND PROVIDING FOR TIME AND PLACE FOR HOLDING REGULAR MEETINGS FOR THE SANTA CLARITA PARKING AUTHORITY WHEREAS, the City Council of the City of Santa Clarita (City) adopted Resolution 16- 13 on April 26, 2016 declaring that there is a need for a Parking Authority to function in the City and declaring that the members of the City Council are the members of the Parking Authority so formed, all pursuant to the Parking Law of 1949, commencing with California Streets & Highways Code Section 32500, et seq. (Law); and WHEREAS, the legal name of the Parking Authority shall be the "Santa Clarita Parking Authority" (Parking Authority), a public body corporate and politic; and WHEREAS, Section 32801 of the Law provides that the Parking Authority may select and appoint such officers, agents, counsel, and employees as the Parking Authority requires; and WHEREAS, Section 32801 of the Law further provides that the Parking Authority may make bylaws and regulations applicable to Parking Authority to carry into effect the Law; and WHEREAS, Section 32657.5 of the Law provides that the members of the Parking Authority shall hold meetings at such times as they shall determine; and WHEREAS, the Parking Authority has caused to be prepared bylaws that are to be the rules and regulations establishing a framework for its operation, administration, meetings, and management of the Parking Authority; and WHEREAS, the Parking Authority desires to approve its bylaws; and WHEREAS, the Parking Authority has considered such bylaws at an open public meeting and provided the public an opportunity to comment on such agenda item and now desires to approve the Bylaws of the Santa Clarita Parking Authority for the orderly conduct of business of the Parking Authority. NOW, THEREFORE, the Board of Directors of the Santa Clarita Parking Authority, does hereby resolve as follows: SECTION 1. Designation of Permanent Chair and Vice -Chair. The Mayor of the City shall serve as the Chair of the Parking Authority and the Mayor Pro Tem as the Vice -Chair of the Authority. SECTION 2. Officers of the Parking Authority. Pursuant to Section 32801 of the Law, the Parking Authority designates the following City officials to serve as Parking Authority officers on an ex officio basis: City Position Parking Authority Position City Manager Executive Director City Treasurer Treasurer City Clerk Secretary City Attorney Counsel SECTION 3. Bylaws. The "Bylaws of the Santa Clarita Parking Authority" (herein, Bylaws) attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein are hereby adopted and approved as the official Bylaws of the Santa Clarita Parking Authority. SECTION 4. Personnel Rules and Regulations. Pursuant to Section 32801 of the Law, the Board of the Parking Authority (Board) hereby adopts by reference the personnel system set forth in Ordinance 11-16 and the City of Santa Clarita Municipal Code, as that Title of the City Code exists as of the date of this Resolution and as hereafter may be amended from time to time, and the personnel policies adopted pursuant to such Ordinance and Code as may be amended from time to time, the personnel rules and regulations applying to all employees of the Parking Authority. SECTION 5. Conflicts of Interest. Pursuant to Section 32801 of the Law, the Board hereby adopts by reference the Conflict of Interest Code established by the City Council for the City by Resolution No. 87-13 on December 15, 1987, as amended, as such code exists as of the date hereof, and as hereafter amended, as the procedures affecting conflicts of interest involving the Parking Authority. SECTION 6. Meetings. Pursuant to Section 32657.5 of the Law, the Board hereby establishes a regular meeting schedule of the Parking Authority consisting of the second (2nd) and fourth (4th) Tuesday of every month, for which an agenda is posted at least 72 hours in advance of such meeting (each, a regular meeting). Each such regular meeting shall be held at 6 p.m. at 23920 Valencia Boulevard, Santa Clarita, California 91355. If there is no scheduled business to conduct, no agenda for the Parking Authority shall be posted and such regular meeting shall be automatically canceled thereby. The regular meeting schedule established herein may be amended by the adoption of a resolution by the Board. SECTION 7. Other Actions. The officers of the Parking Authority are hereby authorized, individually and collectively, to take all actions and execute any and all documents, certificates and other instruments which they may deem necessary or advisable to carry out, give effect to and comply with the terms and intent of this Resolution. SECTION 8. Effective Date. This Resolution shall take effect immediately upon its adoption. 1 1 PASSED, APPROVED, AND ADOPTED this 10th day of May 2016. ATTEST: SECRET DATE: q/ A; STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, Secretary of the Santa Clarita Parking Authority, do hereby certify that the foregoing Resolution was duly adopted by the Board of Directors of the Santa Clarita Parking Authority at the initial meeting thereof, held on the 10th day of May 2016, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS ABSENT: BOARDMEMBERS: Boydston, Acosta, McLean, Weste, Kellar None None EXHIBIT A BYLAWS OF THE SANTA CLARITA PARKING AUTHORITY Section 1. Name. The official name of the parking authority formed pursuant to the California Parking Law of 1949, Streets and Highways Code Section 32500, et seq. (the "Parking Law") shall be the "Santa Clarita Parking Authority" (herein referred to as the "Parking Authority"), a public body corporate and politic. The Parking Authority was activated by City Council Resolution 16-13 adopted on April 26, 2016, pursuant to the Parking Law, and on May 10, 2016 by Resolution PA 16-01, the Parking Authority approved certain initial administrative matters and to carry out certain initial administrative matters, including the appointment of officers as more fully set forth herein. Section 2. Parking Authority Board of Directors. The Parking Authority shall be administered by a governing board whose members shall be the members of the City Council of the City of Santa Clarita ("City Council"), which governing board shall be referred to as the "Parking Authority Board of Directors." The term of office as a member of the Parking Authority Board shall terminate when such member of the Parking Authority Board shall cease to be a member of the City Council; and the appointed or elected successor, as applicable thereto, to such member of the City Council shall become a member of the Parking Authority Board. The Parking Authority Board shall be chaired by a "Chair." The Chair shall be the Mayor of the City of Santa Clarita unless the Parking Authority Board elects another of its members to serve as Chair. The Chair shall preside at all meetings of the Parking Authority. Section 3. Office. The business office of the Parking Authority shall be at Santa Clarita City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355, or at such other place as may be designated by the Parking Authority Board. Section 4. Comnpensation. Members may receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties, but only when authorized by the Parking Authority Board and if there are unencumbered funds available for such purpose, and only if in compliance with, and pursuant to, applicable laws and regulations. Section 5. Officers. The Officers of the Parking Authority shall be the Executive Director, Secretary, Counsel, and Treasurer. Section 6. Executive Director. The Executive Director of the Parking Authority shall be the City Manager of the City (the "City Manager"). The Executive Director shall always be the person then serving as City Manager, and each person who, currently or in the future, serves as City Manager shall be, during the period in which he or she serves in such capacity, the Executive Director. A person shall become Executive Director upon his or her becoming City Manager, without any further act by any person, body or entity. A person shall serve as Executive Director until he or she for any reason no longer serves as City Manager, without any further act by any person, body or entity. The Executive Director shall submit such information and recommendations to the Parking Authority Board as he or she may consider proper concerning the business, policies and affairs of the Parking Authority. The Executive Director is the chief executive officer of the Parking Authority and shall be responsible for execution and supervision of the affairs of the Parking Authority. Except as otherwise authorized by resolution of the Parking Authority Board, the Executive Director or the Executive Director's designee shall sign all contracts, deeds and other instruments executed by the Parking Authority. Section 7. Secretary. The Secretary of the Parking Authority shall be the City Clerk of the City. The Secretary shall keep the records of the Parking Authority, shall act as Secretary at the meetings of the Parking Authority and record all votes, and shall keep a record of the proceedings of the Parking Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. Section 8. Counsel. The Counsel to the Parking Authority shall be appointed by the Parking Authority Board and shall serve at the pleasure of the Parking Authority. The initial Counsel to the Parking Authority shall be the City Attorney of the City (the "City Attorney"). Counsel shall be responsible for the preparation of all proposed resolutions, laws, rules, contracts, bonds and other legal papers for the Parking Authority. Counsel shall give• advice or opinions in writing to the Chair, Executive Director or other Parking Authority officers when and if requested to do so. Counsel, as directed by the Parking Authority, shall attend to all lawsuits or other matters to which the Parking Authority is a party or in which the Parking Authority may be legally interested, and do such other things pertaining to Counsel's office as the Parking Authority may request; provided however, where the City Attorney is not currently serving in the capacity of Counsel, the Parking Authority may also elect to direct the City Attorney to attend to any or all lawsuits or other matters to which the Parking Authority is a party or in which the Parking Authority may be legally interested. Section 9. Treasurer. The Treasurer of the Authority shall be the Deputy City Manager/Director of Administrative Services of the City. The Treasurer shall have the care and custody of all funds of the Parking Authority and shall be authorized to cause the deposit of such funds in the name of the Parking Authority in banks, other financial institutions or funds as authorized by law, as the Parking Authority may select and pursuant to the City's investment policy approved by the Parking Authority in Section 10. The Treasurer shall keep regular books of account, showing receipts and expenditures, and shall render to the Parking Authority at least annually as part of its audit, or more often when requested, an account of transactions and the financial conditions of the Parking Authority. Section 10. Authority to Bind Parking Authority' City Policies Apply to Parking Authority. No member, officer, agent or employee of the Parking Authority, without prior specific or general authority by a vote of the Parking Authority Board, shall have any power or authority to bind the Parking Authority by any contract, to pledge its credit, or to render it liable for any purpose in any amount; provided however, the Parking Authority may authorize the Executive Director to enter into a contract or contracts as authorized in and consistent with all adopted City policies, which City policies shall be deemed to apply to the Parking Authority under these bylaws (herein, "City Policies"). Section 11. Appointment of Employees and Agents. The Parking Authority may from time to time request from the City the services of such personnel, counsel or agents, permanent or temporary, as may be necessary to carry out the business and affairs of the Parking Authority. The Parking Authority Board may in addition employ temporary professional and technical personnel on such terms and at such rates of compensation as the Parking Authority may determine, subject to all applicable laws, and provided that adequate sources of funds are identified for the payment of such temporary professional and technical services and subject to the applicable City Policies. Section 12. Regular Meetings. Regular meetings shall be held in the Council Chambers at Ci y hail. or at such other place as the Chair iiiay designate, on dates and at time as fixed by Resolution of the Parking Authority, which as of the date hereof are generally concurrent with meetings of the City Council. If at any time any regular meeting falls on a legal holiday, such regular meeting shall be held on the next business day at the same time unless otherwise scheduled by the Parking Authority and consistent with meeting dates of the City Council. Pursuant to and in compliance with the Ralph M. Brown Act, Government Code Section 54950, et seq. ("Brown Act"), at least 72 hours before a regular meeting, an agenda containing a brief general description of each item of business to be transacted or discussed shall be posted at a location freely accessible to members of the public; further, such agenda shall specify the time and location of the regular meeting. No action shall be taken on any item not appearing on the posted agenda except as permitted by the Brown Act or other applicable laws and regulations. If there is no scheduled business to conduct, no agenda for the Parking Authority shall be posted and such regular meeting shall be automatically canceled thereby. The regular meeting schedule may be amended by the adoption of a resolution by the Parking Authority Board. Section 13. Special Meetings. Subject to and pursuant to the provisions of the Brown Act, a special meeting may be called at any time by the Chair or upon the request of two of the members of the Parking Authority by delivering written notice to each member and to each person or entity entitled by law to receive such notices. Notices to the Parking Authority Board shall be sufficient if delivered to the Parking Authority Secretary. Notices to other persons or entities entitled by law to receive notices must be delivered personally or by mail and must be received at least 24 hours before the time of such special meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted and shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. No other business shall be considered at such meetings by the Parking Authority Board. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Parking Authority Secretary a written waiver of notice. Such waiver may be given electronically. Such written notice may also be dispensed with as to any member who is actually present at the time it convenes. Section 14. Closed Sessions. Nothing contained in these bylaws shall be construed to prevent the Parking Authority Board from holding closed sessions during a regular or special meeting concerning any matter permitted by law to be considered in a closed session subject to and pursuant to the provisions of the Brown Act. Section 15. Public Hearings. All public hearings held by the Parking Authority Board shall be held during regular or special meetings of the Parking Authority Board. Section 16. Adiourning Meetings and Continuing Public Hearings to Other Times or Places. The Parking Authority Board may adjourn any meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular meeting or adjourned regular meeting the Parking Authority Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. Any public hearing being held, or any hearing noticed or ordered to be held at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting in the same manner and to the same extent set forth herein for the adjournment of the meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing a copy of the order or notice of continuance shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. Section 17. Meetings to be Open and Public. All meetings of Parking Authority members to take action or to deliberate concerning Parking Authority business and its conduct shall be open and public and are subject to and shall be held in compliance with the Brown Act, except for closed sessions as permitted by law as set forth in Section 14 above. All persons shall be permitted to attend any such meetings except as otherwise provided as permitted by law and these bylaws. Section 18. Quorum. A majority of the members of the Parking Authority Board shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other official purposes, except that less than a quorum may adjourn from time to time until a quorum is obtained. Section 19. Order of Business. At the regular meeting of the Parking Authority, the general order of business shall be consistent with the City Policies. Section 20. Rules of Order. The presiding officer shall state every question coming before the Board, announce the decision of the Board on all subjects and decide all questions of order. Questions of order are, however, subject to an appeal to the Board, in which event a majority vote of the Board shall govern and conclusively determine said question of order. Robert's Rules of Order, if used, shall only be used as a guide and is not conclusive authority on any question of order or procedure. Section 21. Amendments to Bylaws. These bylaws may be amended by the Parking Authority Board at any regular or special meeting by majority vote, provided that the proposed amendment to any particular section is included in the notice of such meeting. 1 J