San Bernardino Municipal Code § 12.84 General Provisions

The ordinance codified in this chapter may be cited as the “San Bernardino Off-Street Public Parking Improvement and Finance, Procedural Ordinance” (sometimes referred to as “Off-Street Parking Ordinance”).

(Ord. 3589, passed 7-6-1976)

(A) The Mayor and City Council find that, in order to provide an orderly procedure for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance, operation and disposal of public off-street parking places, issuance and payment of bonds to pay the cost thereof; the making of contributions therefor; and the making of covenants and agreements with the bond holders for the security and payment of such bonds, it is necessary for the city to exercise the powers it has by virtue of being a home rule city and to provide such a procedure. As used in this chapter, PARKING PLACES includes public parking lots, garages, buildings and other improvements for the parking of motor vehicles. The procedure provided for in this chapter is to be an alternative to any others provided by, under or pursuant to the City Charter or the general laws of the state.

(B) In addition to matters specified elsewhere in this chapter, the city is authorized to perform the acts authorized by the procedural alternatives, including, without limitation, the following:

(1) Acquire, by condemnation, purchase, gift, lease or any other means, property necessary or convenient for use as parking places, including any property necessary or convenient for the opening, widening, straightening or extending of streets or alleys necessary or convenient for ingress to or egress from any parking place;

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

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

(4) Administer, maintain, operate and repair parking places or provide therefor;

(5) 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;

(6) 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;

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

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

(Ord. 3589, passed 7-6-1976)

This chapter is not exclusive. The Mayor and City Council shall have the power to provide other procedures or to follow parking place or district procedures now or hereafter provided by general law; provided, however, that whenever the city is acting pursuant to this chapter, the provisions of this chapter shall be controlling to the extent that they are in conflict with any of the provisions of said laws.

(Ord. 3589, passed 7-6-1976)

Whenever the Mayor and City Council deem it necessary to provide public off-street parking places under and pursuant to this chapter, the Mayor and City Council shall, by resolution, declare their intention to proceed and shall describe, in general terms, the procedural alternative they intend to follow; the proposed improvements or acquisitions involved; the estimated costs of the improvements or acquisitions involved; and the maximum amount of bonds, if any, to be issued to finance the improvements or acquisitions. The requirement of a resolution as provided for in this section may be satisfied by the adoption of the resolution provided for in §§ 12.84.050 through 12.84.130.

(Ord. 3589, passed 7-6-1976)

Before ordering any acquisitions or improvements or both, or the creation of any district pursuant to this chapter, where the costs of the acquisitions or improvements are to be paid in whole or in part by special assessment or other special assessment taxes upon property, whether the special assessment will be specific or a special assessment tax upon property wholly or partially according to the assessed value of such property, the Mayor and City Council shall find that the public convenience and necessity require such acquisitions or improvements or both, in the manner provided in § 19, Article XVI of the California Constitution.

(Ord. 3589, passed 7-6-1976)

A resolution of preliminary determination shall be adopted, describing, in general terms, the intention to proceed under this chapter, the procedural alternative to be followed; the proposed improvements or acquisitions involved; the estimated costs of such improvements or acquisitions; whether the assessment is to be levied on all real property or on land only; the amount, based upon the estimated costs, to be assessed against each particular parcel; the maximum amount of bonds, if any, to be issued to finance the proposed improvements or acquisitions. The resolution shall also state that any person interested may file a protest in writing with the City Clerk containing therein a description of the property in which the signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. The resolution shall also set a time and place when and where any and all persons interested may appear and show cause, if they have any, why the Mayor and City Council should not find and determine that the public convenience and necessity require the formation of the proposed improvement district and the proposed acquisitions or improvements without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, sometimes referred to in this chapter as “Investigation Act.”

(Ord. 3589, passed 7-6-1976)

Statutory reference:

Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq.

The resolution shall contain a notice of the time and place of hearing. Notice of the hearing shall be given by publishing a copy of the resolution of preliminary determination once at least 15 days prior to the time fixed for the hearing in a newspaper of general circulation published in the city. Such notice shall also be given by posting a copy of the resolution of preliminary determination in three public places within the proposed improvement district at least 15 days before the time fixed for the hearing. Such notice shall also be given by mailing a copy of the resolution of intention at least 15 days before the time fixed for the hearing to each holder of title to taxable real property or land, as the case may be, within the proposed improvement district as such ownership is shown on the last equalized county assessment roll. The City Clerk shall cause all the above notices to be given.

(Ord. 3589, passed 7-6-1976)

At the time and place fixed for the hearing and so noticed, any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act.

(Ord. 3589, passed 7-6-1976)

Statutory reference:

Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq.

If no protests are made, or if the protests have been heard and overruled, the Mayor and City Council 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 finding may be incorporated in the resolution ordering the improvement and/or acquisition.

(Ord. 3589, passed 7-6-1976)

Statutory reference:

Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq.

When proceedings are had for a change and modification, the resolution of preliminary determination to change and modify shall be deemed a resolution of preliminary determination and the resolution ordering the change and modifications shall be deemed a resolution determining the convenience and necessity as to the changes and modifications.

(Ord. 3589, passed 7-6-1976)

The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths of the members of the City Council and its findings and determinations shall be final and conclusive.

(Ord. 3589, passed 7-6-1976)

Sections 12.84.050 through 12.84.130 shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act.

(Ord. 3589, passed 7-6-1976)

Statutory reference:

Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq.

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 §§ 12.84.050 through 12.84.130, proceedings may thereafter be had under §§ 12.84.050 through 12.84.130, with reference thereto, and the order of the Mayor and City Council determining convenience and necessity therein shall be final and conclusive.

(Ord. 3589, passed 7-6-1976)

Statutory reference:

Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq.

The general provisions set forth in §§ 12.84.150 through 12.84.320 shall apply to all proceedings taken under this chapter.

(Ord. 3589, passed 7-6-1976)

The city may prepare a report, adopt a resolution of intention, form a parking district or take any other action to provide public off-street parking places without any petition therefor.

(Ord. 3589, passed 7-6-1976)

The Mayor and City Council, in their discretion, may set forth in a resolution the basis for determining the existence of a majority protest, which may include, but shall not be limited to, land area, assessed valuation of real property, assessed valuation of land only or the number of property owners.

(Ord. 3589, passed 7-6-1976)

When a parking district is formed, it shall not be necessary for all parking places to be located within the parking district.

(Ord. 3589, passed 7-6-1976)

It shall not be necessary for any specified time to elapse between the performance of acts except as otherwise required by this chapter.

(Ord. 3589, passed 7-6-1976)

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. 3589, passed 7-6-1976)

The Mayor and City Council may act, by resolution, where an ordinance is provided except as provided in §§ 12.84.710 and 12.84.720.

(Ord. 3589, passed 7-6-1976)

Whenever proceedings are to be undertaken in accordance with Procedural Alternatives I, II or III, the Mayor and City Council may provide, in the resolution of intention, that any real property belonging to any county, city, public agency, school board, educational, penal or reform institution or institution for those with psychotic disorders or mental disorders shall be assessed in accordance with the provisions of the Cal. Streets and Highways Code, §§ 5300 through 5325, inclusive, as the same now appear or are hereafter amended.

(Ord. 3589, passed 7-6-1976)

Bonds may be issued at such time or times as the Mayor and City Council, in their discretion, by resolution, determine, including, but not limited to, before contracting or obtaining options for the purchase of land, property or rights-of-way to be acquired, or obtaining a judgment in eminent domain for the acquisition thereof.

(Ord. 3589, passed 7-6-1976; Ord. 3603, passed 9-20-1976)

Any bonds issued in accordance with Procedural Alternatives I, II or III, the interest thereon and premium, if any, shall be payable from assessments levied, as determined by the Mayor and City Council, upon land only or upon all real property within the district. The resolution of intention shall state the basis upon which the assessment is to be levied.

(Ord. 3589, passed 7-6-1976; Ord. 3603, passed 9-20-1976)

The Mayor and City Council shall, by resolution, prescribe the form of the bonds and of the coupons attached thereto, the conversion and registration privileges carried by the bonds and fix the time when the whole or any part of the principal shall become due and payable. The Mayor and City Council may provide for the call and redemption of bonds prior to maturity at such times and prices and upon such other terms as they may specify. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect.

(Ord. 3589, passed 7-6-1976)

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

(Ord. 3589, passed 7-6-1976)

(A) The bonds shall be sold for such price or prices as the Mayor and Council, 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 Mayor and City Council shall determine. If the Mayor and City Council determine to sell the bonds by private sale, the same shall be awarded, by resolution, to the buyer or buyers thereof. If the Mayor and City Council determine to sell the bonds at public sale, before selling the bonds or any part thereof, the City Clerk shall give notice inviting sealed bids in such manner as the Mayor and City Council 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 Mayor and City Council determine 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 re-advertise 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, financial consultant fees, land and rights-of-way acquisition, reserve funds and expenses of financing the district, if any, and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto.

(Ord. 3589, passed 7-6-1976)

The Mayor and City Council, in their sole discretion, may provide, in the resolution required by §§ 12.84.040 or 12.84.050 through 12.84.130, that bonds, both principal and interest, issued for the purposes provided for herein may be additionally payable from any legally available source of funds, including, without limitation, revenues derived from the operation of the public off-street parking places or grants from other governmental agencies to the city to be used for any of the purposes set forth herein.

(Ord. 3589, passed 7-6-1976)

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

(Ord. 3589, passed 7-6-1976)

(A) 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% 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% of the floor area.

(B) The Mayor and City Council shall use its best efforts to lease surplus space devoted to commercial purposes other than parking vehicles to any person, firm, corporation or non-profit association or corporation as the Mayor and City Council shall determine.

(C) As an incidental use to a parking facility, foundations, platforms and other like structural forms may be constructed in any feasible manner, as an integral part thereof or otherwise, for provision or utilization of air rights sites for buildings to be used for, without limitation, residential, commercial or other uses; provided that the cost of such structural forms shall be recovered from the parties utilizing such air rights sites and used, as determined by the Mayor and City Council, to pay the costs of acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance or operation of the parking places involved or other parking places located within the city.

(Ord. 3589, passed 7-6-1976)

The Mayor and City Council, subject to the provisions of the City Charter, may determine that any parcel of property, or any improvements, extensions or replacements thereof or additions thereto, either acquired from the proceeds of the bonds or leased to the city with rents therefor derived from assessments levied pursuant to this chapter 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, and any restriction in the resolution providing for the issuance of any outstanding bonds relating to the facilities involved, the property may thereafter be sold, leased or otherwise disposed of, either during or after the term of the bonds and the proceeds placed in a fund as designated by the Mayor and City Council and used for the purposes of this chapter.

(Ord. 3589, passed 7-6-1976; Ord. 3759, passed 9-13-1978)

When proceedings are had under this chapter, its provisions may be supplemented by other proceedings or as otherwise provided in the resolution of intention, including, without limitation, provisions for credit for parking places made available for public or private uses pursuant to agreement with the city, credit for taxes or assessments paid to the city and used primarily for parking purposes, and the replenishment for Reserve Funds.

(Ord. 3589, passed 7-6-1976; Ord. 3603, passed 9-20-1976)

In addition, or as an alternative to, the other provisions contained in Procedural Alternatives II or III, the Mayor and City Council may provide in the resolution of intention for the levy each year of an ad valorem assessment on all taxable real property or all taxable land, as the case may be, within the district to provide monies for all or any part of the costs and expenses of providing parking places prior to the issuance of bonds or without issuing bonds. The costs and expenses of providing parking places may include, but shall not be limited to, lease payments, the costs and expenses of operating, maintaining, repairing and improving the parking places, engineering fees, appraisal fees, legal fees, financial consultant fees, cost of land and rights-of-way acquisition, expenses of all proceedings for the formation of the district and all other costs and expenses for carrying out the purposes of this chapter. The rate of ad valorem assessment shall be fixed by the Mayor and City Council each year so as to produce sums required to pay the estimated costs and expenses mentioned above. The assessment shall be levied, collected and enforced in the same manner, at the same time and with the same penalties and interest, as in the case of taxes levied for the city.

(Ord. 3589, passed 7-6-1976; Ord. 3603, passed 9-20-1976)