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SR-PA-1 (2) . e - 11\ - I lOV 1 2 1985 CA:RMM:lld057jhpc city council Meeting 11-12-85 Santa Monica, California SUPPLEMENTAL STAFF REPORT TO: Parking Authority FROM: city Attorney SUBJECT: Compensation for Members of the Parking Authority At its meeting on October 22, 1985, the Parking Authority requested that the City Attorney prepare a resolution providing compensation for members of the Parking Authority of the City of Santa Monica. A Staff Report and Resolution were prepared and transmitted to the City Council. Subsequently, Mayor Reed recalled that this subject had been addressed by the Parking Authority during 1981. Although the Parking Authority Minutes are unclear, and the Parking Authority By-Laws, as amended by Resolution Number 166 (Parking Authority Series) (incorrectly dated June 30, 1981) , does not reflect same, this issue was indeed addressed at the Parking Authority meeting held July 14, 1981. The following is a transcription of the relevant portion of the July 14, 1981 Parking Authority meeting: GOLDWAY: We won't be long on this if we can continue and... We have item 4 which is the Parking Authority By-Laws. Is there a staff report? JALILI: None. Chairman and members of the Parking Authority, this item is carried over from your last meeting. It - 1 - rA-I IIflV 1 2 1985 . e -- was necessary to take action on the By-Laws at the regular meeting of the Parking Authority as opposed to a special meeting. There has been no changes here other than what was presented to you which would be the appointment of the city Manager as executive secretary of the Parking Authority, the city Clerk as Clerk of the Authority instead of Mayor Pro Tem, and the quorum would be four members being present as opposed to 3. All of this conforms to the present practice. We recommend approval. MYERS: There is one additional change since the last Parking Authority meeting and that is, at the request of Councilrnember Reed we explored the feasibility of including a section providing for compensation of Parking Authority commissioners for meeting, and added a Section 10 providing that each member of the Authority would receive compensation in the sum of $25.00 per meeting for each meeting of the Authority attended. This is similar to the compensation provided to members of the Redevelopment Agency. GOLDWAY: I have one other amendment. The By-Laws say that regular meetings are to begin at 7:00 p.m. We have been recently convening at 7:30 p.m. Do we wish to change that to 7:30 p.m. or leave it at 7:00 p.m.? PRESS: I think we should change it. GOLDWAY: I am of the mind to change it to 7:30 p.m. REED: Madam Chairperson, I will move that we approve the resolution amending the By-Laws and indicate the change in the starting time of the regular meeting to 7:30 p.m. HIM: Second. REED: ..and otherwise move them as presented by staff. GOLDWAY: And the staff recommendation includes in it the Section 10 that the city Attorney just mentioned.Any discussion on the motion? May we have a roll call please? CLERK : Councilmember Conn? CONN: Aye. CLERK: Edwards? EDWARDS: Aye. CLERK: Jennings. JENNINGS: Yup. CLERK: Press? - 2 - . e - PRESS: Yes. CLERK: Reed? REED: Yes. CLERK: Zane? ZANE: Yes. CLERK: Yanatta Goldway? GOLDWAY: Yes. GOLDWAY: Ok, motion carries. Open parking permits is the next item. Based upon this transcript, it is apparent that the Parking Authority has previously provided for compensation for its members. However, the certified by-laws do not reflect this action. - 3 - e . CA:RMM:lld052/hpc California Parking Authority Meeting 11-12-85 Santa Monica, RESOLUTION NUMBER 189 (PAS) (Parking Authority Series) A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA PROVIDING FOR COMPENSATION TO MEMBERS OF SAID BODY WHEREAS, in Resolution Number 2960 (CCS) the City Council declared itself to be the Parking Authority of the City of Santa Honica pursuant to california streets and Highways Code Section 32661.2; and WHEREAS, pursuant to California streets and Highways code Section 32661. 2 all the rights, powers, duties, privileges, and immunities vested by the Parking Law of 1949 in the members of the Parking Authority became vested in the city council as the parking Authority, and WHEREAS, pursuant to the general powers placed in the parking Authority pursuant to California Streets and Highways Code Section 32801, the parking Authority may provide compensation for its officers, NOW, THEREFORE, THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Each member shall receive $25.00 for every meeting attended. No member shall receive compensation for - 1 - , e . attending more than two meetings of the Parking Authority during any calendar month. In addition, members shall receive their actual and necessary expenses incurred in the discharge of their duties. SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FOID1: ~"""""'.\- 15- -'" ROBERT M. HYERS city Attorney - 2 - e . ADOPTED AND APPROVED ~HIS 12th DAY . OE' November , 1985 . (J{ , J. ;!0-JL I/~~ 1- ~ HAYOR / , I HEREBY CERTIFY THAT 'l'BE FOHT::GOING RESOLUTION 1 NO. 189 , WAS DULY ADOPTED BY THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON ~ovember 12, , 1985 BY THE FOLLOWING AUTHORITY VOTE: AYES: AUTHORITY MEMBERS: Mayor Reed, Conn, Jennlngs H. Katz, A. Katz, Epsteln, ~OES: AUTHORITY HEHBERS: Zane . ABSENT: AUTHORITY HEl1BERS: ABSTAIN: AUTHORITY MEMBERS: ATTEST: a L/), 4 /}!.....-r1 / 1/ ! / ., uL-1:::..1( CITY CLERK . .e . . ""'-"1 . . -- (j I PARKING AU'IHORI1Y Resolution No. / C, { (Parking Authority Series) A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AMENDING THE BYLAWS ~ (PARKING AUTHORITY RESOLUTION NO.1) FOR THE SAID BODY, --AND RESCINDING A~_:" OTHER RESOLUTIONS IN CONFLICT HERHF',. > THE PARKING Al'THORITY OF THE CITY OF SANTA MONICA HEREBY DOES RESOLVE AS FOLLOWS: SECTION 1. Resolutions Nos. 1, 26, 42, 43, 90, 95, 100, 101, 103, 106, and 112 (PAS) and each of them, and any other resolution adopting, amending or relating to the Bylaws of the Parking Authority is hereby repealed in entirety. SECTION 2. That the Bylaws of the Parking Authority of the City of Santa Monica be as follows: BYLAWS OF PARKING AUTHORITY Section 1. Name. The name of the parking authority activated by Resolution No. 518 (City Council Series) of the City Council of the City of Santa Monica adopted the 12th day of September, 1950 pursuant to the Parking Law of 1949, shall be the Parking Authority of the City of Santa Monica, and all property held by it and agreements entered into thereby shall be in such name. Section 2. Officers. A. The Mayor of the City of Santa Monica shall be the Chairperson of the Parking Authority of the City of Santa Monica: B. The f1ayor Pro Tempore of the City of Santa Monica shall be the Chairperson Pro Tempore of the Parking Authority of the City of Santa Monica. c. The City Manager of the City of Santa Monica shall be the Executlve Secretary of the Parking Authority of the City of Santa Monlca. -31- ,," . - - ---- . e . . ., - . D. The City Clerk of the City of Santa Monica shall be the Clerk of the Parking Authority of the City of Santa Monica. Meetngs. ~ Section 3. Sald authority shall hold regular meetings four times a year~ which meetings shall be held on the second Tuesday of January~ April, July and October. Any regular meeting may be adjourned or readjourned to a date and time to be specified in the order of adjourn- ment, and when adjourned, each adjourned meeting shall be a regular meeting for all purposes. All regular meetings sh~ll be held at the hour of 7:00 p.m. in the Council Chambers of the City Hall of the City of Santa Monica~ located at 1685 Main Street, Santa Monica, California, or such other place as may be deslgnated by a majority of the Authority. Special meetings shall be covered by Section 54956 of the Government Code of the State of California as it presently exists or is hereafter amended. Sect ion 4.. Quorum. Four members of the authority shall constitute a quorum to do business but a Tess number may adjourn from time to time. Section 5. Contracts and Leases. No contract or lease shall be entered into until after a resolution authorizing the chairperson or the chairperson pro tempore to execute the same shall have been adopted by an affirmative vote of at least four members of the authority. Section 6. Fiscal Matters. The fiscal year of the authority shall be from July 1 to June 30 each year. The proposed budget for the fiscal year shall be submitted to the authority thrity five (35) days prior to the beginning of the fiscal year and on or before June 30 it shall be adopted with revlsions, lf any, by the affirmative votes of at least four members. -32- ~" - - - - . e - , . . . - - . . . . . . Section 7. Independent Audit. The Parking Authority shall employ independent certified public accountants in accordance with state law. Section 8. Investment of Funds. Idle funds may be investe~ by the Treasurer in accordance with state law. SectlOn 9. Public Hearings. Unless provision in the Parking Law of 1949 to the contrary all public hearings shall be held at the designated place of meeting of the authorlty after notice thereof has been published in a newspaper of general circulation at least once and not less than five days prior to the holding of such hearing. Public hearings shall be held - on such matters as the authority'may determine and any hearing called may be adjourned from time to time. Sectlon 10. Amendments. These Bylaws may be amended at any regular meetlng by a majority of the members present at such meeting. SECTION 3. The Clerk of the authority shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect. Approved as to form: . - ilM,', "-"\ ""'" . \rv~_ Robert M. Myers-- City Attorney . -33- ", - ------ --------~-- - - - - - -~ - - . . e ~ . . . . . . . ADOPTED AND APPROVED THIS 30th ~DAY . OF June I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION, NO.. 19,(; . ' WAS DULY ADOPTED BY THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON June 30 1981, BY THE FOLLOWING AUTHORITY VOTE: -"'-- , AYES: AUTHORITY ~~r1BERS: Conn, Edwards, Jenn~ngs Reed, Zane, Press, Goldway NOES: AUTHORITY MEUBERS: . ABSENT: AUTHORITY ME~ffiERS: ABSTAIN: AUTHORITY MEMBERS: ~ ATTEST: ~~ L ~ .1, & 1'--1-'1 7)d-/~~_ CITY CLERK -34- ~" , . e . . ..- . RESOLUTION NO. 2960 - (CI'1'Y COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, PURSUANT TO STREETS AND HIGH- WAYS CODE SECTION 32661.2, DECLARING ITSELF TO BE THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA. ~REAS, the Parking Authority of the C~ty of Santa Monica has, by a resolution adopted by a majority vote, con- sented to the City Council declaring itself to oe the ParKing Authority of the City of Santa Monica; NOvI, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That it does hereby declare itself to be the parking Aut~ority of the City of Santa Monica. SECTION 2. This resolution is made under the authority of Streets and Highways Code Section 32661.2. SECTI ON 3. The City Clerk shall certify to the adop- tion of this resolution, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED and APPROVED this 21th day of October , 1963. ATTEST: ({ . J. _ REX H. 14INTER /s/ ! t!'"l{'jL&'(; .. Ci~y lo/1erk Mayor - -- ---- . . . . , . j RUoW!IOH 110. I ~le (CI!Y OOUNCIL SERIES) It. USOUJYION OF 'rHE C1"Y caU.OIL or THE Cln or 8.AJ1!J. MOllICA APPROVING 'l"ME APPCSl!f!MENf BY fHE CT!'! IWfAGER 0" 'tHE ."ERa or YHB PARKING AtmIORI'l'I. ~. thI_ 01'7 Coun.l1. b7 a..olut1on Ho. ';17 . a40ptea the 12thda7 ot ~oDtCl1ber , 1950. PUNuaD't to the P1"ovl.1ona ot the Park.1n,; w.w ot 1949. baa 4801ared the n.ed to~ a parkIns authorlt1 'to fUnotlon 1n aa14 C1t1. and VHERB.AS, punuan't to 5.otlon 5 ot 1&14 law and. S80t10n 704 ot the Charter ot the elt7 ot Sant. Konlo&, the C1ty Manager 1- 'he prone!" person to appoint the ...b.ra of .uGh authorIt,i an4 1dID&A8, b7 le"ep 8uhal"e4 to thI. 01'7 CaUDell the 01 t1' Man...,.. hu APl'Ol n'''' .. ..'bera ot ..14 .uthorl '1 t &arl P. Klttln,.r, 'en.. Barn.... John B. Horba.h, tho... C. MoMahon, 11. B1.1r Glbbena; ana WHERKAS. . a14 01 t7 ~p hal a.alp.tied. B.n.1, B&Pftar4 to ..'1"1'8 .. a ...ber of 1&14 author1 " to.,. one ,..r, John B. HorbaCh to aerYe .. a ...ber ot a.14 author!', to~ +- .......-- v a,.,. AI~~~R_ .~ _~~ ._ - ~--~~~ _# -_&~ - ----- - - -- --- - - -- -- ---- ~- -~ - - .v ~ , e _ to aerY8 .. sembers ot the Parking Author1t1 tor the Clt1 ot Santa Monloa tor the teras deaignated by ..1d C1t7 Manager. 5eot10n 2. The C1t7 Clerk ahall oertify to the adoptlon ot th1. re8olution and thenaetorth and thereafter the aame ahall be 1n full torae and .ttect. An>PTED and APPROVG ihl. 12th 4&7 0 t Septeaber I 1950. Ana!: ~, :7 ~ ~./r6 lla70r I Cit Clerk I hereo7 oertify that the toregoing r..olutlon va. dUl7 adopted by the C1ty OO\llloU ot the 01t1 ot Santa Konloa at. regular m..t1ns thereot held on tb. 12th d&7 ot September t 1950. by the tollowlng Tote ot the Councll: AXES: Councll.en: Hart, McCarthY, ..ilson. Gat.. NOE8: Councll.en: Guero1o I -~---- - ---~ - -- .. . . ~" Santa Monica, California, June llt 1981 To: Chairperson and Parking Authority From: City Staff Subject: Parking Authority Bylaws Introduction ThlS report recommends the Parking Authority amend and update its Bylaws. Background The Parklng Authority was establlshed by City Council Resolution No. 518 in September, 1950, pursuant to the Parking Law of 1949. Since its inception there have been various resolutions amending meeting times, making the City (ounc1l the Parking Author1ty, and d1ssolving the Park1ng Adv1sory Comm1ttee. However, the Parking Authority over the last 15 years has been operating ln a manner contrary to the Bylaws. For example: l. The Parking Author1ty has been directing its. Executive Secretary to negotiate contracts and other transactions, while the Parking Authority records indicate the position of Executlve Secretary has never been established. 2. The Mayor Pro Tempore is the Clerk of the Parking Authorlty responsible for all public advertlsing and other tYPlcal duties. Staff proposes to make these the responsib1lities of the City Clerk. 3. The Bylaws state the required quorum is 3 members. ThlS was due to the fact the Parking Authority was a separate body conslsting of 5 members. Now that the Clty Council 1S the Parklng Authorlty the quorum should be changed to 4 members. 4. Fiscal and audit procedures were created to facilitate the adoptlon of the Parking Authority Budget prlor to the adoptlon of the Clty'S Budget. The Parking Authority Budget 15 now adopted in conjunction with the Clty'S Budget. There- fore, fiscal and audit procedures should be consistent with the City's procedures. ~ ~ -~~~-- -==--.:::-.::.~~ --~---.. - - -- -- - - - ~-- ~- ~ - I:'"' Chairperson and .king Authority . To: -2- June 11, 1981 Recorrmendation It is recommended the Parking Authority adopt the fo1lowlng resolution amending the Bylaws. Prepared by: Stan Scholl, Director of General SerVlces Ray Davis, Parking & TrafflC Englneer Attachments: Bylaws Resolution .. ------ --- , - --- - -- ---- - . -- - -- - - - ---- , . . " . "- ~ . . Resolution No. //:,,, (Parking Authority Serles) A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AMENOING THE BYLAWS (PARKING AUTHORITY RESOLUTION NO.1) FOR THE SAID BODY, AND RESCINDING ALL OTHER RESOLUTIONS IN CONFLICT HERB.JITH. THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA HEREBY DOES RESOLVE AS FOLLOWS: -- - - - ~-- SECTION 1. Resolutions Nos. 1 ~ 26, 42) 43) 90, 95~ 100, 101, 103, 106, and 112 (PAS) and each of them, and any other resolution adopting, amending or relating to the Bylaws of the Parking Authority is hereby repealed in entirety. SECnml 2. That the Bylaws of the ParY-lng Authority of the City of Santa Monica be as follows: BYLAWS OF PARKING AUTHORITY Section 1. Name. ~-~-- -- - ~-----~---- ~- - The name of the parking authority activated by Resolution No. 518 (Clty Council Series) of the City Council of the City of Santa Monica adopted the 12th day of Septe~ber~ 1950 pursuant to the Parking Law of 1949, shall be the Park; n9 Author; ty of the Ci ty of Santa t10ni ca t and all property held by it and agreements entered into thereby shall be in such name. Section 2. Officers. A. The Hayor of the City of Santa ~1onica shan be the Chairperson of the Parking Authorlty of the City of Santa Monica. B. The rlayor Pro Tempore of the City of Santa nonica shall be the Chalrperson Pro Tempore of the Parking Authonty of the Clty of Santa Mom Cd . C. The City Manager of the City of Santa Monica shall be the Executive Secretary of the Parking Authority of the City of Santa Monica. . ~ . ~ ~ . . w- . . . - - < D. The Clty Clerk of the City of Santa t10nlca shall be the Clerk of the Parking Authority of the City of Santa Monica. Sectlon 3. Meelngs. Said authority shall hold regular meetings four times a year, WhlCh meetings shall be held on the second Tuesday of January, April, July and October. Any regular meeting may be adjourned or readjourned to a date and time to be speclfied in the order of adjourn- . ment, and when adjourned, each adjourned meeting shall be a regular meeting far all purposes. All regular meetings shall be held at the hour of 7:00 p.m. in the Council Chambers af the City Hall of the City of Santa Monica, located at 1685 l~aln Street, Santa Monica, Californla, Or such other place as ~ay be designated by a majority of the Authority. Special meetings shall be covered by Section 54956 of the Government Code of the State of Callfornia as it presently exists or is hereafter amended. Section 4. Quorum. Four members of the authority shall constitute a quorum to do buslness but a less number may adjourn from time to time. Section 5. Contracts and Leases. No contract or lease shall be entered into until after a resolution authorizing the chairpe~son or the chalrperson pro tempore to execute the same shall have been adopted by an affirmatlve vote of at least four members of the authority. Section 6. Fiscal Matters. The fiscal year of the authorlty shall be from July 1 to June 30 each year. The proposed budget for t~e fiscal year shall be submitted to the authority thrity five (35) days prior to the beginnlng of the fiscal year and on or before June 30 lt shall be adopted with revisions, if any, by the afflrmatlve votes of at least four merrbers. . .- . - . ,~ Sectlon 7. Independent Audit. The Parklng Authorlty shall employ lndependent certlfled publlC accountants ln accordance wlth state law. Sectlon 8. Investment of Funds. Idle funds may be lnvested by the Treasurer ln accordance wlth state law. Section 9. PubllC Hearlngs. Unless provlslon ln the Parklng Lavl of 1949 to the contrary all publlC hearlngs shall be held at the deslgnated place of meetlng of the authorlty after notlce thereof has been publlshed ln a newspaper of general clrculatlon at least once and not less than flve days prlar to the holdlng of such hearlng. PubllC hearlngs shall be held on such matters as the authorlty may determlne and any hearlng called may be adJourned from tlme to tlme. Sectlon 10. Each member of the authorlty shall recelve compensatlon ln the sum of $25 per meetlng of the authorlty for each meetlng attended by the member. No member shall recelve com- oensatlon for more than four (4 ) meetlngs ln any calendar month. Sec tlon 11. Amendments. These Bylaws may be amended at any regular meetlng by a majorlty of the members present at such meetlng. SECTION 3. The Clerk of the authorlty shall certify to the adoptlon of thlS resolutlon and thenceforth and thereafter the same shall be in full force and effect. Approved as to form: _ {'1.....-(- ~--4, \......... .......y-.. Robert M. Myers U - Clty Attorney -