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Chapter 4. Parking Place Commission of California Streets And Highways Code >> Division 18. >> Part 4. >> Chapter 4.
Immediately upon the acquisition of the parking places, 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 numbers 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 said city under
this part.
The commission shall consist of three members, each of whom
shall be a resident and qualified elector of the city.
Members of the commission shall serve without compensation,
unless the legislative body determines that compensation shall be
paid and fixes the compensation to be paid from funds of the city.
Members of the commission shall be appointed by the chief
executive officer of the city, subject to confirmation 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 qualify, except that members of
the first commission 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 appointed to fill a vacancy created by the
death, resignation, incapacity or removal of a commissioner shall
hold office for the unexpired term of the former incumbent.
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.
Whenever a petition signed by the owners of real property in
the district of an assessed value of more than fifty percent (50%)
of the total assessed value of the taxable real property in the
district, as shown by the last equalized assessment roll, 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.
The parking places acquired are under the jurisdiction and
control of the commission of the district.
The commission shall operate, manage, and control the
parking places and make and enforce all necessary rules for their
use.
The commission may fix, regulate, and collect rentals, fees,
or other charges for the use of parking places under its control,
and may provide different rates for different classes of customers,
or users, provided that such rentals, fees or other charges shall be
sufficient to produce funds to comply with the terms of the
ordinance, resolution, or indenture providing for the issuance of
bonds. Such rentals, fees, or other charges shall be fixed after
public hearing following such notice as the commission may prescribe.
The providing of adequate public parking places in cities
largely depends upon the formation of parking districts. 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, if the ordinance, resolution, or indenture
providing for the issuance of the bonds provides for the levy of an
ad valorem assessment upon the taxable real property in the district,
that the owners of real property in a parking district created
pursuant to this part 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, if the ordinance, resolution,
or indenture providing for the issuance of the bonds provides for the
levy of an ad valorem assessment upon the taxable real property in
the district, the commission 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.
All employees required for the proper operation, management,
and control of the parking places acquired and constructed under
this part shall be city employees selected as other city employees
are selected. 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.
The commission shall fix such rentals, fees, or charges for
the use of parking places under its control as will produce revenue,
when added to the expected revenues from on-street parking meters
pledged to any of the purposes specified in this part, sufficient to
pay the principal and interest on the bonds as they fall due, and
also to provide any additional sums which may be required under the
provisions of the ordinance, resolution or indenture providing for
the issuance of the bonds.
If the petition for the formation of a district and the
resolution of intention to form the district state that this section
and Section 35414.1 shall apply to proceedings taken pursuant
thereto, Section 35565 shall not apply and the provisions of this
section shall apply. The commission shall fix such rentals, fees or
other charges for the use of parking places under its control as will
produce revenue, when added to the expected revenues from on-street
parking meters, assessments or other sources pledged to any of the
purposes specified in this part, sufficient to pay the principal and
interest on the bonds as they fall due, and also to provide any
additional sums which may be required under the provisions of the
ordinance, resolution or indenture providing for the issuance of the
bonds.
The commission shall abide by all covenants made by the
legislative body in the issuance of the bonds.
In the exercise of its power to operate, manage, and control
parking places, the commission 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 make a contract with any
person for such purpose. The consideration to be paid by the operator
for any lease 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 commission after public hearing
following such notice as the commission prescribes, and shall be
recited in the lease or contract. No higher rentals, fees, or charges
shall be collected by the operator without amendment of the lease or
contract agreed to by the commission after like public hearing.
The commission or any operator shall not conduct any
business other than that of the operation of public parking
facilities on any parking place of the district.
If the ordinance, resolution, or indenture providing for the
issuance of the bonds provides for the levy of an ad valorem
assessment upon the taxable real property in the district, any lease
or contract 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 provide revenues for the district, at any time prior to
the formation of the district, or after the formation of the district
and prior to the appointment of a commission, the legislative body
conducting the proceeding for the formation of the district may enter
into a contract or lease with any owner or tenant of property in the
district under which the owner or tenant, for a specified rental or
other consideration and for a specified period not exceeding 10
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 commission, the
commission may make such contracts or leases.
If the petition for the formation of a district under this
part expressly so authorizes, at any time and following a hearing
after such notice as the legislative body prescribes, it may
determine that no parking place commission shall be appointed for
such district, or if the commission has been appointed, may dissolve
the commission. In either event, the legislative body shall
thereafter have all powers, jurisdiction, and authority granted to,
and all duties imposed upon, the commission pursuant to this part.
The legislative body at any time thereafter may appoint or reappoint
a commission.
