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HomeMy WebLinkAboutReso 02-2019 (19-983) Parking Authority BylawsCity of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Parking Authority Resolution: RES 02-2019 File Number: 19-983 Enactment Number: RES 02-2019 RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO ADOPTING BYLAWS OF THE PARKING AUTHORITY. WHEREAS, the City Council adopted Resolution No. 137-2019 on October 9, 2019 declaring that there is a need for a parking authority to function in the City of South San Francisco ("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. (the "Law"); and WHEREAS, the legal name of the parking authority shall be "Parking Authority of the City of South San Francisco, a public body corporate and politic" ("Parking Authority"); 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 Parking Authority of the City of South San Francisco for the orderly conduct of business of the Parking Authority. NOW, THEREFORE, the Parking Authority of the City of South San Francisco, does hereby resolve as follows: 1. The "Bylaws of the Parking Authority of the City of South San Francisco' (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 Parking Authority of the City of South San Francisco. 2. This resolution shall take effect immediately upon its passage. City of South San Francisco Page 1 File Number: 19-983 Enactment Number.' RES 02-2019 At a meeting of the Parking Authority on 12/11/2019, a motion was made by Boardmember Nagales, seconded by Boardmember Nicolas, that this Resolution be approved. The motion passed. Yes: 4 Chair Garbarino, Vice Chair Addiego, Boardmember Nagales, and Boardmember Nicolas Abstain: 1 Boardmember Matsumoto Alc'� Attest byJ." A�" osa ovea costa, Parking Authority Secretary At a meeting of the Parking Authority on 12/11/2019, a motion was made by Boardmember Nagales, City of South San Francisco Page 2 BYLAWS OF THE PARKING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO EXHIBIT A 1 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 “Law”) shall be the “Parking Authority of the City of South San Francisco, a public body corporate and politic” (herein referred to as the “Parking Authority”). The Parking Authority was formed by City Council Resolution No. 137-2019 adopted on October 9, 2019 pursuant to the Law, and on December __, 2019 by Resolution No. ______ 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 Members. The Parking Authority shall be administered by a governing board whose members shall be the members of the City Council of the City of South San Francisco (“City Council”), which governing board shall be referred to as the “Parking Authority Board.” 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 South San Francisco 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 South San Francisco City Hall, 400 Grand Avenue, South San Francisco, CA 94080, or at such other place as may be designated by the Parking Authority Board. Section 4. Compensation. 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 in compliance with and pursuant to applicable laws and regulations. Section 5. Officers. The Officers of the Parking Authority shall be the Executive Director, Assistant Executive Director, Parking Authority Secretary, Parking Authority Counsel, Finance Officer, and Treasury Manager. Section 6. Executive Director. The Executive Director of the Parking Authority shall be the City Manager of the City of South San Francisco or such other person as may be appointed by the 2 Parking Authority Board. The term of office shall be from the date of his or her appointment through the date of the first regular meeting of the Parking Authority in the next succeeding calendar year; provided that he or she shall serve until a successor has been duly appointed. 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 also serves as 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. Assistant Executive Director. The Assistant Executive Director shall be the Assistant City Manager of the City of South San Francisco, or Interim City Manager of the City of South San Francisco, if any, or such other person as may be appointed by the Parking Authority Board. The term of office shall be from the date of his or her appointment through the date of the first regular meeting of the Parking Authority in the next succeeding calendar year; provided that he or she shall serve until a successor has been elected. The Assistant Executive Director shall perform the duties of the Executive Director in the absence or incapacity of the Executive Director. In case of the resignation or death of the Executive Director, the Assistant Executive Director shall perform such duties as are imposed on the Executive Director, until such time as the members shall appoint a new Executive Director. Section 8. Parking Authority Secretary. The Parking Authority Secretary shall be the City Clerk of the City of South San Francisco or such other person as may be appointed by the Parking Authority Board. The Parking Authority Secretary shall keep the records of the Parking Authority, shall act as Parking Authority 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 9. Parking Authority Counsel. The Parking Authority Counsel shall be appointed by the Parking Authority Board and shall serve at the pleasure of the Parking Authority. The initial Parking Authority Counsel is the City Attorney of the City of South San Francisco (the “City Attorney”). The Parking Authority Counsel shall be responsible for the preparation of all proposed resolutions, laws, rules, contracts, bonds and other legal papers for the Parking Authority. The Parking Authority Counsel shall give advice or opinions in writing to the Chair, Executive Director or other 3 Parking Authority officers when and if requested to do so. The Parking Authority Counsel or 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 the Parking Authority Counsel’s office as the Parking Authority may request; provided however, where the City Attorney is not currently serving in the capacity of Parking Authority Counsel, the Parking Authority may also direct the City Attorney to 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, as elected by the Parking Authority. Section 10. Finance Officer and Treasury Manager. The Finance Officer and Treasury Manager shall be the officer of the City of South San Francisco designated by the City of South San Francisco to serve in the capacity as the chief financial officer, finance director or head of the finance department, or such other person or persons as may be appointed by the Parking Authority Board, which person may be the Executive Director or Assistant Executive Director. The Finance Officer and Treasury Manager 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 such bank, banks, or other financial institutions, including without limitation the State of California Treasurer, Local Agency Investment Fund (“LAIF”), as the Parking Authority may select and pursuant to an investment policy considered and approved by the Parking Authority. The Finance Officer and Treasury Manager shall keep regular books of account, showing receipts and expenditures, and shall render to the Parking Authority at each regular meeting, or more often when requested, an account of transactions and the financial conditions of the Parking Authority. Section 11. Appointment of Officers. The initial appointment of officers occurred pursuant to Parking Authority Resolution No. ______ on November __, 2019 and the new appointment or reappointment of officers shall be the first order of business at the first meeting of the Parking Authority, regular or special, held in each calendar year. Section 12. Authority to Bind Parking Authority; City of South San Francisco Council 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 the 4 City’s policies, which policies shall be deemed to apply to the Parking Authority under these bylaws (herein, “Council Policies”). Section 13. 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, permane nt 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 Council Policies. Section 14. Regular Meetings. Regular meetings shall be held in the Council Chambers at City Hall or at such other place as the Chair may designate, on dates and at a time as fixed by Resolution of the Parking Authority, which as of the date hereof are generally concurrent with meetings of the City Council; provided that any such regular meeting may be suspended or cancelled if there is no business to attend to. 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 loca tion 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. Section 15. 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 5 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 t he 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 16. 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 17. 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 18. Adjourning 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 conspicuou sly 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 re -continued 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 19. 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 6 public and are subject to and shall be held in compliance wit h the Brown Act. All persons shall be permitted to attend any such meetings except as otherwise provided as permitted by law and these bylaws. Section 20. 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 21. Order of Business. At the regular meeting of the Parking Authority, the general order of business shall be consistent with the Council Policies and may be conducted concurrently with the business of the City of South San Francisco. As of the date hereof the order is a follows: (a) Roll Call (b) Pledge of Allegiance (c) Closed Session (d) Report of Closed Session (e) Presentations (f) Public Comments (g) Consent Calendar (h) Public Hearings (i) Administrative Business (j) Legislative Business (k) 13Chair and Committee Reports (l) Staff Reports (m) Member Comments and Actions (n) Adjournment 7 Section 22. Parliamentary Procedure. The rules of parliamentary procedure set forth in Robert’s Rules of Order shall govern all meetings of the Parking Authority, except as otherwise herein provided or as otherwise provided in the Council Policies. Section 23. Amendments to Bylaws. These bylaws may be amended by the Parking Authority Board at any regular or special meeting by majority vote.