Parking Law ofParking Authorities
Section § 32650
Section § 32651
This law says that a local authority can only start operating or using its powers once the city council officially declares that the authority is needed to function in the city. This declaration must be made through a formal resolution.
Section § 32652
If a city needs an authority to operate, the city council or similar legislative body can decide this by themselves. Alternatively, if at least 100 city residents sign a petition stating the need for such an authority and ask the legislative body to confirm this, the legislative body can also make that determination based on the petition.
Section § 32653
If there's a legal case involving an authority, proving that the legislative body adopted a resolution stating the need for the authority is enough to confirm that the authority is officially established and allowed to operate.
Section § 32654
This law means that a city cannot carry out any tasks or use its powers related to parking management until the city's governing body formalizes, with a resolution, that these actions are necessary.
Section § 32655
This law section allows a city's legislative body to adopt one or both types of resolutions regarding jurisdiction and control over specific areas or projects. If both resolutions are chosen, they must clearly outline which areas or projects are under the city's and the authority's jurisdiction. The allocation of control can be adjusted as long as it doesn't conflict with commitments to bondholders, and any changes require approval from both the legislative body and the authority.
Section § 32656
This law states that when a city government decides there is a need for a parking authority, the mayor has the responsibility to appoint five city voters to be members of this authority. These appointments must be approved by the city’s legislative body.
Section § 32657
This law explains how members are appointed to a parking authority in a city. Initially, three members are given terms of one, two, and three years, respectively, while two members serve four years. After this, all new members serve four-year terms. If a position becomes vacant, it's filled for the remaining term. Members remain in office until their replacements are appointed and qualified.
In cities with a parking and traffic commission in their charter, those commissioners can be asked to also serve as members of the parking authority. Similarly, in cities with a public transportation agency board, board members can also serve on the parking authority. These appointments allow these members to take over responsibilities and powers of the parking authority in line with city charter rules.
Section § 32657.5
This law requires that any meetings held by the authority take place at times they choose. In order to make decisions, at least three members must agree on the action.
Section § 32658
The mayor picks the first chairman for this authority. After that, if the chairman's position is empty, the authority members must elect a new one from among themselves. The chairman's term lasts for the calendar year or for however much of the year is left if they are chosen partway through.
Section § 32661
This law allows a mayor to remove a member of an authority, but only if the legislative body agrees to it.
Section § 32661.1
Instead of appointing five separate members to run the parking authority, the local government can decide to take on that role itself. This means the local government would have all the responsibilities and powers that typically belong to the parking authority members.
Section § 32661.2
If the mayor, with approval from the city council or similar governing body, appoints members to a parking authority, the council can decide to assume the role of the parking authority itself. This needs a majority vote from the parking authority agreeing to the transfer. Once done, all responsibilities and authority of the parking authority members shift to the city council.
Section § 32661.3
This section explains that a city council, which has taken on the role of managing parking through previous resolutions, can decide to stop doing so. If they choose to step down, the mayor, with the council's approval, will appoint five city voters to take over as the new parking authority.
Section § 32662
This law allows the legislative body overseeing an authority to estimate and allocate money needed for its administrative functions. They can do this when the authority starts working and at any later times. The decision requires a two-thirds vote and must consider the fiscal law and any specific conditions set by the legislative body.
Section § 32663
This law requires an authority to submit a detailed report to the legislative body at least once a year, as often as every three months, or as directed. The report must include all transactions, detailing all money earned and spent.
Section § 32664
Every year, the designated authority is required to provide a report of its financial activities. This report must be audited by independent certified public accountants and submitted to the city's legislative body.
Section § 32665
Section § 32665.5
If a parking authority's suspension ends because of a new resolution, the setup process and member appointments should proceed as if starting fresh, according to a specific rule. However, if the suspension ends during a member's term, that member automatically gets their job back and continues for the remainder of their term, just as if there had been no suspension at all.
Section § 32666
Section § 32667
If a city has a parking authority, the city's legislative body can decide to transfer the parking authority's property to the city itself. This requires a two-thirds majority vote. Once transferred, the city can manage this property using its own rules and regulations. However, this transfer cannot violate any agreements made with bondholders who have invested in the parking authority.