Parking District Law ofParking Place Commission
Section § 35550
Section § 35550.1
This law allows a city's legislative body to create a board of parking place commissioners through an ordinance. The city can decide how these commissioners are appointed, removed, and the number serving. The board can be entirely new or an existing one and will oversee vehicle parking districts within the city with specific powers and duties.
Section § 35551
This law states that a commission must have three members. Each member needs to live in the city and be eligible to vote there.
Section § 35552
The members of the commission don't get paid for their service unless the city government decides they should and sets an amount to be paid using city funds.
Section § 35553
This law states that the chief executive officer of a city is responsible for appointing members of the commission, but their appointments must be approved by the city's legislative body.
Section § 35554
Section § 35554.5
If a commissioner can no longer serve their role due to death, resignation, incapacity, or removal, the new commissioner appointed to replace them will serve for the remainder of the original term.
Section § 35555
This law states that if four-fifths of the members of a legislative body agree, they can remove a commissioner from their position at any time.
Section § 35556
This law states that commissioners should have business experience and skills to manage the district's affairs effectively and in the district's best interest.
Section § 35557
If property owners in a district who collectively own more than 50% of the district's property value want a commissioner removed, they can file a petition. Once filed, the legislative body must remove that commissioner and appoint a new one. The removed commissioner cannot be reappointed for one year.
Section § 35558
The parking spaces that have been obtained are managed and overseen by the commission of that specific district.
Section § 35559
This law states that the commission is responsible for running, managing, and controlling parking areas. They also have the authority to create and enforce rules for how these parking places are used.
Section § 35560
This law allows a commission to set and collect various fees for parking spaces they manage. The fees can be different for different types of users, but they must always be enough to meet financial obligations, like those from bonds. Before setting these fees, a public hearing must be held following proper notice.
Section § 35561
This law explains that creating parking districts in cities is crucial for providing enough public parking spaces. For these districts to work well, they must benefit the property within them. If property owners in the district pay a special tax based on property value to fund parking solutions, they can get special perks like lower parking rates for themselves and those who visit or do business with them. This ensures that those who contribute to solving the parking issue receive direct benefits.
Section § 35562
This law section says that parking places built with the money from certain bonds are usually open to the public. However, if the bonds require a property tax in the area, the local commission can limit parking access to those who own or rent property in the district. They can also charge these property owners and their tenants less than what other people are charged.
Section § 35564
This law says that employees needed to run and manage city parking places are city employees. The same process used for selecting other city employees is used here. The city government, known as the legislative body, usually decides how many of these employees there are and their pay. However, they can pass a law to allow a board to make these decisions instead. Whatever their pay, it must at least match what private businesses in the city pay for similar work if this can be figured out.
Section § 35565
This law section states that the commission is responsible for setting rental rates, fees, or charges for the use of parking areas it oversees. The goal is to generate enough income from these parking fees and expected on-street parking meter revenue to cover the payment of bonds, including both the principal and interest, as they come due. Additionally, the commission must ensure that any extra funds required by the governing ordinance or agreement for the bonds are also raised.
Section § 35566
This law says that if a petition and resolution to form a district include this section and another specific section, then certain other rules won't apply—instead, the rules in this section will. It requires a commission to set prices for parking to make sure there is enough money to pay off bonds. These funds come from parking charges, as well as on-street parking meters, and other promised revenue sources. The goal is to cover the bond payments and any extra needed amounts specified in the bond agreements.
Section § 35567
This law mandates that the commission must follow all promises and agreements set by the legislative body when issuing bonds.
Section § 35568
This section says that the commission, which runs and manages parking areas, can lease out parking places to individuals or companies specifically for running public parking facilities. They can either rent these areas out or enter into contracts for their operation. The payment to the commission can be a set amount, a share of the parking income, or another form of payment.
Section § 35569
This law section means that any maximum rental fees or charges an operator can collect need to be set by a commission after a public hearing. These amounts must be included in the lease or contract. If an operator wants to charge more, they need to get the lease or contract changed through another public hearing and with the commission's agreement.
Section § 35570
This law states that any organization or operator involved must only use parking places in the district for public parking facilities and nothing else.
Section § 35571
This law says that if a rule or agreement allows bonds to be issued by putting a tax on real property in an area, any lease or agreement for using parking spaces can limit those spaces mainly to property owners and tenants there. It also allows setting lower parking fees for these people compared to others.
Section § 35572
This law allows a local government body or a designated commission to contract with property owners or tenants within a district to reserve parking spaces. These contracts can be made any time before the district is formed, or after formation but before a commission is appointed. The agreements can last up to 10 years and involve specified payments. Reserved parking is set aside for the property owner’s or tenant's use, their employees, and customers, or other invited individuals.
Section § 35573
This law says that when a district is being set up, there can be a decision not to have a parking place commission, or to dissolve an existing one, after holding a hearing with the required notice. If there's no commission, the local government will take over all its responsibilities and powers. The government can also choose to set up or reinstate the commission at any time.