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Chapter 8. Board Of Parking Place Commissioners of California Streets And Highways Code >> Division 18. >> Part 1. >> Chapter 8.
Immediately upon the acquisition of the parking places
pursuant to the petition for the formation of the district, a parking
place commission shall be appointed. In the discretion of the
legislative body, the commission may be appointed at any time prior
to such acquisition and after the adoption of the ordinance declaring
the district formed.
At its discretion, the legislative body of any city may,
by ordinance, provide for the appointment, removal, qualifications,
terms of office and number of members of parking place commissioners
for such city. Such board shall have all of the powers and duties of
parking place commissioners appointed under this part. Such board, so
appointed, may be an existing board created by city charter or
ordinance or a new board created by ordinance. Such board may act for
all vehicle parking districts established within the city under this
part or for such of the districts as may be specified in the
ordinance.
The commission may consist of three or five members.
Members of the commission shall serve without compensation.
In the case of a city, members of the commission shall be
appointed by the mayor, subject to confirmation by the legislative
body. In the case of a county they shall be appointed by the
legislative body.
The commissioners shall hold office for the term of three
years from the date of their appointment and qualification and until
their successors are appointed and qualified, except that members of
the first board appointed shall classify themselves by lot so that
one member holds office for one year, one for two years, and one for
three years, and, in each instance, until a successor has been
appointed and qualified.
A commissioner may be removed by a four-fifths vote of the
legislative body at any time.
Commissioners shall be persons of business experience and
ability, to the end that the affairs of the district shall be
administered in the interests of the district.
A commissioner may be an owner or lessee of property, or an
officer, employee, or agent of a corporation owning or leasing
property, within the district or, in the case of a commission
appointed under Section 31865, within one of the districts, or any
other qualified person.
Whenever a petition signed by the owners of more than
one-half of the area of assessable land within the district
requesting the removal of a commissioner is filed with the
legislative body, it shall immediately remove him and appoint a new
commissioner. The commissioner removed is ineligible to hold office
as a commissioner of the district for one year following his removal.
To secure the removal of a commissioner from a commission appointed
under Section 31865, the petition shall be signed by the owners of
more than one-half of the area of assessable land within each of a
majority of the districts governed by the commission.
The board of commissioners shall have possession and
complete charge, supervision and control of all parking places:
(a) Acquired, constructed, and paid for, or to be paid for, by taxes upon land or real property or assessments upon land in the district.
(b) Acquired or constructed for the use or benefit of the district and paid for in any other manner.
(a) Acquired, constructed, and paid for, or to be paid for, by taxes upon land or real property or assessments upon land in the district.
(b) Acquired or constructed for the use or benefit of the district and paid for in any other manner.
The board shall operate, manage, and control the parking
places and make and enforce all necessary regulations for their use.
The board may fix, regulate, and collect rentals, fees, or
charges for the parking of vehicles in parking places under its
control, and may provide different rates for different classes of
customers or users.
The providing of adequate public parking places in cities
may require the use of assessment districts as authorized by Section
31519. Such districts will be created and will be successful only if
so operated as to serve adequately the property within the district.
It is the intent of this part that the owners of real property in an
assessment district created pursuant to Section 31519 to provide
parking places to solve the parking problems of the district may
receive preferential rates, charges, or rentals for themselves, their
tenants, and the classes of persons who call upon or do business
with them, all to the end that the property which bears the burden
and provides a solution for the parking problem shall receive a
special benefit.
All parking places acquired and constructed pursuant to this
part are public parking places, but the board of commissioners may
restrict or partially restrict their use to owners and tenants of
real property in the district, and classes of persons designated by
such owners or their tenants, and may establish rates, charges, or
rentals for the owners and tenants of such properties and classes of
persons designated by the owners or tenants which differ from and are
less than the rates, charges, or rentals charged other persons.
Rentals, fees, and charges shall be fixed after public
hearing following such notice as the board of commissioners
prescribes.
The board may, if it so desires, operate the parking
places, or any thereof, as free public parking places without fee or
charge.
The board shall appoint in the same manner as other city
employees are selected, such employees as it deems necessary. The
number of such employees and their salaries shall be determined by
the legislative body unless, by ordinance, which may be adopted or
repealed at any time, the power to make such determination is granted
to the board. Any salary or wage so fixed shall in each instance be
at least equal to the prevailing salary or wage for the same quality
of services rendered to private persons, firms or corporations in the
city under similar employment, in case such prevailing salary or
wage can be ascertained.
In the exercise of its power to operate, manage, and control
parking places, the board may lease any or all parking places to any
person for the sole purpose of the operation of public parking
facilities on them by such person, or may grant a franchise, or make
a contract with any person for such purpose.
The consideration to be paid by the operator for any lease
or franchise or under any contract may be a fixed sum or a percentage
of gross rentals, fees, or charges collected by the operator, or any
other consideration.
The maximum rentals, fees, and charges to be collected by
the operator shall be fixed by the board after public hearing
following such notice as the board prescribes, and shall be recited
in the lease or franchise. No higher rentals, fees, or charges shall
be collected by the operator without amendment of the lease or
franchise agreed to by the board after like public hearing.
An operator shall not conduct any business other than that
of the operation of public parking facilities on any parking place of
the district.
Any lease or franchise may provide that the use of the
parking places shall be restricted, or partially restricted, to
owners and tenants of real property in the district, and classes of
persons designated by them, and may provide for maximum rates,
charges, or rentals for such persons which differ from and are less
than the maximum rates, charges, or rentals charged other persons.
To expedite the conduct of proceedings and the making of any
acquisition or improvement authorized by this part, the legislative
body may, at any time prior to the appointment of a board of parking
place commissioners, enter into a contract or lease with any owner or
tenant of property in the proposed assessment district under which
the owner or tenant, for a specified rental or other consideration
and for a specified period not exceeding 20 years, reserves a
reasonable proportion or number of parking spaces in a parking place
of the district for the use of the owner or tenant of such property,
the employees of the owner or tenant performing services on the
property, and the customers of, or other classes of persons
designated by, the owner or tenant and entering the property as
invitees or otherwise. After the appointment of a board of parking
place commissioners, the board may make such contracts or leases.
After the appointment of the board of parking place
commissioners, any improvement of any parking place under its charge
shall be made by the board.
