Chapter 4.60 — VEHICLE OFF-STREET PARKING DISTRICTS

Any part or parts of the city may be created and operated as a district or districts for the acquisition, improvement, administration, maintenance, operation and disposal of public motor vehicle parking places; bonds to pay the cost thereof may be issued and paid; revenues from on and off-street parking facilities may be allocated and pledged; annual ad valorem assessments may be levied and collected; contributions may be made; covenants and agreements with the bondholders for the security and payment of such bonds may be made; and the parking commission shall have the powers, jurisdiction and authority, all as now or hereafter provided in The Parking District Law of 1951 (herein called Act), excepting as otherwise provided in this chapter.

(Ord. 5226 § 1, 1975)

The provisions of this chapter shall be controlling to the extent that they are in conflict with any of the provisions of the Act.

(Ord. 5226 § 2, 1975)

This chapter is not exclusive. The board shall have the power to provide other procedures or to follow parking place or district procedures now or hereafter provided by general law.

(Ord. 5226 § 3, 1975)

Before ordering any acquisitions or improvements, or both, or the creation of any district pursuant hereto, the board shall find that the public convenience and necessity require such acquisitions or improvements, or both, in the manner provided in Section 17, Article XIII of the California Constitution.

(Ord. 5226 § 4 (part), 1975)

A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the board should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931.

(Ord. 5226 § 4(a), 1975)

The resolution shall contain a notice of the time and place of hearing. A copy of the resolution shall be published in 1 or more issues of a newspaper published and circulated in the city, and a copy shall be posted on or near the door to the council chambers or on a bulletin board in the city hall. The posting and publication shall be had at least 10 days before the date of hearing. The resolution may be consolidated with the resolution of intention.

Such notice shall also be given by mailing a copy of the resolution at least 15 days before the time fixed for the hearing to each holder of title to taxable real property within the proposed improvement district as such ownership is shown on the last equalized county assessment roll.

(Ord. 5239 § 1, 1975; Ord. 5226 § 4(b), 1975)

Any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act.

(Ord. 5226 § 4(c), 1975)

If no protests are made, or when the protests shall have been heard and overruled, the board may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisitions, and that the Investigation Act shall not apply. The said finding may be incorporated in the resolution ordering the improvement and/or acquisition.

(Ord. 5226 § 4(d), 1975)

When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention and the resolution ordering the change and modifications shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications.

(Ord. 5226 § 4(e), 1975)

The resolution determining the convenience and necessity shall be adopted by the affirmative vote of 4/5 of the members of the board, and its finding and determination shall be final and conclusive.

(Ord. 5226 § 4(f), 1975)

Sections 4.60.040 through 4.60.120 shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act.

(Ord. 5226 § 4(g) 1975)

Where proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under Sections 4.60.040 through 4.60.120, proceedings may thereafter be had under this section with reference thereto, and the order of the board determining convenience and necessity therein shall be final and conclusive.

(Ord. 5226 § 4(h), 1975)

If, in the judgment of the board, varying benefits will be derived by the different parcels of land lying within the assessment district, the district may be divided into zones according to benefits.

(Ord. 5226 § 5 (part), 1975)

The district may be divided into as many zones, up to the total number of parcels of land in the district, as may be deemed necessary, and each zone shall be composed of and include all the lands within the district which will be benefitted in like manner.

(Ord. 5226 § 5(a), 1975)

The board shall also determine the percentage of the sum to be raised each year by the levy and collection of the special assessment taxes in the district for the payments on the principal and interest of the bonds, which will be raised from the lands in each zone.

As an alternative, the board may determine the percentage of assessed valuation of taxable real property within each zone which shall be used in computing the annual rate of ad valorem assessment within the district and to which the annual rate shall be applied.

(Ord. 5226 § 5(b), 1975)

When the district is divided into such zones, the resolution of intention shall so state, giving said percentages to be raised from the lands in each zone.

(Ord. 5226 § 5(c), 1975)

Each zone shall be designated by a different letter or number and shall be plainly shown on the map or plat of the assessment district filed in the office of the city clerk and referred to in the resolution of intention, either by separate boundaries, coloring, or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of land is located.

(Ord. 5226 § 5(d), 1975)

It shall be sufficient, in all cases where the assessment district is to be divided into such zones according to benefits, if the resolution of intention states that fact and refers to the plat or map for the boundaries and all details concerning the zones.

(Ord. 5226 § 5(e), 1975)

At the hearing, the board may eliminate, create or alter the boundaries of proposed zones in the manner provided for the alteration of the boundaries of the proposed district.

(Ord. 5226 § 5(f), 1975)

If the board shall from time to time determine that the public interest will be served thereby, it may from time to time add property to a zone or transfer property from a zone of lesser benefit to a zone of greater benefit, in the manner provided for enlarging the district.

(Ord. 5226 § 5(g) 1975)

The city may prepare a report, adopt a resolution of intention and form a parking district, without any petition therefor.

(Ord. 5226 § 6, 1975)

It shall not be necessary for the proposed parking lots to be located within the parking district.

(Ord. 5226 § 7, 1975)

It shall not be necessary for any specified time to elapse between the performance of acts.

(Ord. 5226 § 8, 1975)

The first publication and the mailing of any resolution or notice shall be not later than 10 days before the day fixed therein for hearing or other act.

(Ord. 5226 § 9, 1975)

The board may act by resolution where an ordinance is provided.

(Ord. 5226 § 10, 1975)

The bonds may be issued before contracting or obtaining options for the purchase of the land, property or rights of way to be acquired, or obtaining a judgment in eminent domain for the acquisition thereof.

(Ord. 5226 § 11, 1975)

The bonds may be made payable on July 2nd of each year in such amounts as the board shall determine. The last installment shall mature not later than 39 years from the 2nd day of July next succeeding 10 months after their date.

(Ord. 5226 § 12, 1975)

The bonds may be made registerable as to principal and interest, or as to principal only, and may be made deregisterable.

(Ord. 5226 § 13, 1975)

The bonds may be issued in different divisions with different dates and dates of maturity.

(Ord. 5226 § 14, 1975)

The bonds may be sold below par, in the manner determined by the board.

If it has been determined in the prior proceedings taken hereunder, the purposes for which the bonds may be used may include, without limitation, the estimated cost of the accomplishment of such purposes and the amount of bonds to be issued therefor may include incidental expenses, such as engineering, appraisal, legal fees, bond counsel fees, financing consultant fees, land and rights-of-way acquisition, reserve funds and expenses of financing the district and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto.

(Ord. 5239 § 2, 1975; Ord. 5226 § 15, 1975)

Any bonds issued under the provisions of this chapter, and the interest thereon, shall be payable from annual assessments levied upon all real property within the district which is subject to special assessment for benefits from local improvements under the state and federal Constitutions, including, without limiting the generality of the foregoing, real property belonging to any county, city, public agent, school board, educational, penal or reform institution, or institution for the feebleminded or the insane, whether or not in use in the performance of any public function, but excepting privately owned tax-exempt property. Said annual assessment shall be computed on the basis of the formula set forth in the resolution of intention to form the district as originally adopted or as modified by subsequent change and modification or other proceedings conducted pursuant to this chapter or any other law, and the limitations upon the rate or period thereof provided in the Act shall not apply. If an ad valorem basis is used, and the assessed value of any parcel of real property does not appear on the tax roll, an estimated assessed value of such parcel shall be made by the director of public works in consultation with the county assessor, and such estimate shall for purposes of such ad valorem assessment be considered the assessed value of such parcel. The bonds may also be payable from on-and-off-street parking revenues (including revenues derived from charges imposed under Section 4.60.330), and from funds annually appropriated by the board to such purposes, including the proceeds of business license taxes levied under the Parking and Business Improvement Area Law of 1965. Any assessments levied against publicly owned property under this section and Sections 4.60.320 through 4.60.340 shall be enforceable obligation against the owner of said property, payable at the same time and in the same manner and subject to the same penalties and interest as other assessments. The city shall have and may exercise all of the remedies for the collection thereof granted by Section 5302.5 of the Streets and Highways Code or any other law, except that the provisions for payment over a longer period than one year shall not apply.

(Ord. 5226 § 16 (part), 1975)

The provisions of Sections 8800 to 8809, inclusive, of the Streets and Highways Code of the state shall apply to assessments levied hereunder.

(Ord. 5226 § 16(a), 1975)

The board or the parking commission may, by resolution, prescribe, revise and collect fees, tolls, rates, rentals and other charges (other than special assessments), including but not necessarily limited to service charges and standby charges for services or facilities furnished by the district, charges for the availability of the facilities of the district regardless of whether the facilities are used or not, and minimum charges. Such charges shall be payable on a uniform and equitable basis by the owner of the property to which the facilities of the district are available, including the owners of publicly owned property. Any delinquent charges and all penalties thereon when recorded as hereinafter provided shall constitute a lien on the real property to which the facilities of the district are available (except that no such lien shall be created against any publicly owned property), and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor. All remedies provided for collection of due and unpaid charges which are provided in the Revenue Bond Law of 1941 of the state of California may be exercised to enforce payment of any charges levied under Sections 4.60.310 through

A resolution prescribing or revising such charges shall not be adopted until the board or the commission, as the

case may be, has given notice of and held a hearing thereon substantially as provided in Section 54354.5 of the Government Code, being part of said Revenue Bond Law of 1941. Any assessment levied against any parcel of real property pursuant to Sections 4.60.310 through 4.60.340 of this chapter which is held by any court of competent jurisdiction to be invalid or unenforceable for any reason shall be deemed to be a charge under Sections 4.60.310 through 4.60.340, and the amounts of any assessments levied and collected against other parcels in the district and not affected by said holding of invalidity shall be credited against any charges which might otherwise be payable by the owners thereof, to the end that no parcel in the district is charged both an assessment and a charge for the same facility. Any change and modification or other proceeding conducted for the purpose of levying assessments under Sections 4.60.310 through 4.60.340 shall comply with the notice and hearing requirement of said Government Code Section 54354.5.

(Ord. 5226 § 16(b), 1975)

The provisions of Sections 8830 to 8835, inclusive, of the Streets and Highways Code of the state shall apply to assessments levied hereunder.

(Ord. 5239 § 3, 1975: Ord. 5226 § 16(c), 1975)

The boundaries of the district heretofore or hereafter formed may be enlarged from time to time.

(Ord. 5226 § 17 (part), 1975)

The territory to be annexed shall be set forth in a resolution of preliminary determination and of intention to be adopted by the board which shall give notice that the matter, and all persons interested, will be heard by the board at a time to be stated therein.

(Ord. 5226 § 17(a), 1975)

The resolution shall be published twice in a newspaper of general circulation published in the city and posted as provided in

The hearing may be adjourned from time to time. At the hearing the board shall have the power to determine whether or not the entire territory, or only a portion thereof, to be annexed and the district will be benefitted by the annexation.

(Ord. 5226 § 17(c), 1975)

The board shall by resolution order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive.

(Ord. 5226 § 17(d), 1975)

Thereafter the property annexed shall be subject to special levies for maintenance and operation and for any bonds issued for the acquisition or construction of improvements, the same as are the properties already in the parking district.

(Ord. 5226 § 17(e), 1975)

The board may, from time to time, pledge revenues from off-street parking places heretofore or hereafter acquired in other than the proceedings in addition to those acquired in the proceedings.

(Ord. 5226 § 18, 1975)

When proceedings are had under the Parking District Law of 1951, its provisions may be supplemented by other proceedings or as otherwise provided in the resolution of intention.

(Ord. 5226 § 19, 1975)

Territory included in one parking district may be included in another parking district if the board shall find that the territory will be benefitted by being included in the subsequent parking district.

(Ord. 5226 § 20, 1975)

The city may acquire, construct, rent, lease, maintain, repair, manage and operate all or any portion of any real and personal property, including the leasing of property for parking, the leasing of the operation of the property, and the leasing for commercial purposes of surplus space or space which it is not economic to use for parking purposes.

(Ord. 5226 § 21, 1975)

As an incident to the operation of any parking facility, the city may devote a portion of its property to uses such as retail stores, bus terminal, gasoline service station, helicopter landing area, or any other commercial use, when in its judgment it is convenient or necessary to conduct or permit such use in order to utilize the property as a parking facility. Any such incidental use shall be secondary to the primary use as a parking facility, and the portion of the land devoted to the incidental use shall not exceed 25 percent of the surface area of the property. If a building is erected on the property for the purpose of parking motor vehicles, the incidental use of the building shall not occupy more than 25 percent of the floor area.

Neither the commission nor the board shall manage or operate surplus space devoted to commercial purposes other than parking vehicles, but shall lease such space to private operators.

(Ord. 5226 § 22, 1975)

A.

The board, by 4/5 vote of all of its members, may determine that any parcel of property acquired from the proceeds of the bonds, or any improvements, extensions or replacements thereof or additions thereto, are no longer needed for off-street parking purposes or such facilities may be otherwise better provided. Subject to the provisions of the city Charter, the property may thereafter be sold, leased or otherwise disposed of, either during or after the term of the bonds. The proceeds of the sale, lease or disposal shall be used for the following purposes and in the following order of priority:

For the purchase of other off-street parking places or facilities for the parking district, or for improvements, additions and extensions to the existing facilities thereof;

To pay the principal of and interest on the parking bonds of this issue or any additional parking bonds of the district then outstanding;

To make the refunds provided for in Section 35705 in the Act.

B.

No property shall be sold, leased or disposed of until after proceedings for changes and modifications have been had as provided in the Act.

(Ord. 5226 § 23, 1975)