Chapter 4.65 — VEHICLE OFF-STREET PARKING DISTRICTS

This chapter shall be known as "the parking district ordinance."

(Ord. 5263 § 1 (part), 1976)

Any part or parts of the city may be created and operated as a district or districts for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance, operation and disposal of parking places; bonds to pay the cost thereof may be issued and paid; 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 other acts necessary or convenient for the accomplishment of the purposes of this chapter performed; and the board of directors of the city, referred to in this chapter as the "board" shall have the powers, jurisdiction and authority, all as now or hereafter provided in the Parking District Law of 1943, the Improvement Bond Act of 1915, the Municipal Improvement Act of 1913 and the Improvement Act of 1911, collectively referred to in this chapter as the "acts," except as otherwise provided in this chapter. In addition to the matters specified elsewhere in this chapter, the city is authorized to perform the following acts, including, without limitation:

A.

Acquire, by condemnation, purchase, gift, lease, or any other means, property, or interests therein, necessary or convenient for use as parking places, including, without limitation, any property, or interests therein, necessary or convenient for the opening, widening, straightening, or extending of streets or alleys necessary or convenient for ingress to or egress from any

such parking places. As used in this chapter "parking places" includes public parking lots, garages, buildings, and other improvements for the parking of motor vehicles. The city may credit the grantor of any gift of property, or interest therein, necessary or convenient for use as parking places and reduce the grantor's assessment proposed to be levied pursuant to the acts, or any of them, in such amount as is set forth in the proceedings for the levy of such assessment;

B.

Improve any property by the construction thereon of garages, buildings, or other improvements necessary or convenient for parking purposes;

C.

Improve parking places and any property necessary or convenient for ingress to or egress from parking places;

D.

Administer, maintain, operate, and repair parking places;

E.

Collect fees or charges to pay all or any part of the cost of improving, repairing, maintaining, and operating parking places and of acquiring and improving additional parking places;

F.

Levy taxes to pay all or any part of the cost of improving, repairing, maintaining, and operating parking places and of acquiring and improving additional parking places;

G.

Employ engineers, attorneys, and other persons necessary or convenient for the doing of any act authorized by this chapter;

H.

Do all acts and things necessary or convenient for the accomplishment of the purposes of this chapter.

(Ord. 5319 § 1, 1977; Ord. 5263 § 1 (part), 1976)

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

(Ord. 5263 § 1 (part), 1976)

The ordinance codified in 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. 5263 § 1 (part), 1976)

Before ordering any acquisitions or improvements, or both, or the creation of any district pursuant to this chapter, the board shall find that the public convenience and necessity require such acquisitions or improvements, or both, in the manner provided in Section 19, Article XVI of the State Constitution.

A.

Preliminary Determination of Necessity. 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.

B.

Notice and Hearing. The resolution shall contain a notice of the time and place of hearing. A copy of the resolution shall be published in one 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.

C.

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

D.

Final Determination of Necessity. If no protests are made, or when the protests 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 acquisition, and that the Investigation Act shall not apply. The said finding may be incorporated in the resolution ordering the improvement and/or acquisition.

E.

Modification. 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.

F.

Jurisdiction. 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.

G.

Nonapplication. This section shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act.

H.

Finality. 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 this section, 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. 5263 § 1 (part), 1976)

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

(Ord. 5263 § 1 (part), 1976)

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

(Ord. 5263 § 1 (part), 1976)

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

(Ord. 5263 § 1 (part), 1976)

Except as otherwise provided in this chapter, the first publication and the mailing of any resolution or notice shall be not later than 15 days before the day fixed therein for hearing or other act.

(Ord. 5263 § 1 (part), 1976)

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

(Ord. 5263 § 1 (part), 1976)

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. 5263 § 1 (part), 1976)

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

(Ord. 5263 § 1 (part), 1976)

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

(Ord. 5263 § 1 (part), 1976)

A.

The bonds shall be sold for such price or prices as the board, in their discretion, shall determine, which may be at the par value thereof, with or without premium or discount. The bonds may be sold at public or private sale as the board, in their discretion, shall determine. If the board determines to sell the bonds by private sale, the same shall be awarded by resolution to the buyer or buyers thereof. If the board determines to sell the bonds at public sale, before selling the bonds or any part thereof, the city clerk of the city shall give notice inviting sealed bids in such manner as the board shall prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded by resolution to the highest responsible bidder. If no bids are received, or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, they may reject all bids received, if any, and either readvertise or sell the bonds at private sale.

B.

The purposes for which the proceeds of the bonds may be used may also include, without limitation, 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. 5263 § 1 (part), 1976)

The provisions of the California Streets and Highways Code, Sections 8830 through 8835, inclusive, shall apply to assessments levied under this chapter.

(Ord. 5263 § 1 (part), 1976)

When proceedings are had under the acts, their provisions may be supplemented by other proceedings or as otherwise provided in the resolution of intention.

(Ord. 5263 § 1 (part), 1976)

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

(Ord. 5263 § 1 (part), 1976)

The city may acquire, construct, rent, lease, maintain, repair, manage or operate all or any portion of any real and personal property for the purpose of providing public parking facilities and may provide by lease or otherwise with any person, firm, corporation or nonprofit association or corporation for the management, operation, maintenance or repair of the parking facilities.

(Ord. 5263 § 1 (part), 1976)

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.

The board shall not manage or operate surplus space devoted to commercial purposes other than parking vehicles, but shall lease such space for such purposes to any person, firm, corporation, or nonprofit association or corporation as the board shall determine.

(Ord. 5263 § 1 (part), 1976)

A.

The board shall have and may exercise any and all powers and duties of parking place commissioners as provided for in the act.

B.

At its discretion, the board, by resolution, may appoint a parking place commission. The parking place commission shall consist of 5 members, all of business experience and ability. At least 3 members shall also be owners or lessees of property, or officers, employees or agents of a corporation owning or leasing property within the district. The commissioners shall hold office for the term of 3 years from the date of their appointment and qualification and until their successors are appointed and qualified, except that members of the first commission appointed shall classify themselves by lot so that 1 member holds office for 1 year, 2 for 2 years and 2 for 3 years. The commissioners shall have and may exercise any and all powers and duties as provided for in the act or as set forth in the resolution appointing the parking place commission.

(Ord. 5275 § 1, 1976: Ord. 5263 § 1 (part), 1976)