Streets and Highways Code, 1935

This chapter defines “city lands” as city-owned land used for public offstreet parking or land the city does not need for another purpose and can use for parking.

The legislative body may decide that city land will be treated like certain parking places, and the city must describe that land and state any compensation terms in the resolution of intention.

The legislative body may change the lands, improvements, or compensation for city lands used as parking places.

The commission may relinquish parts of Route 16 to Sacramento local governments if they agree, and the receiving city or county must take over specified route-designation and traffic-management duties.

Route 17 runs from Route 1 near Santa Cruz to Route 280 in San Jose.

A parking place commission must be appointed immediately after the parking places are acquired, and the legislative body may appoint it earlier after the district-forming ordinance is adopted.

A city’s legislative body may, by ordinance, set up rules for appointing and removing parking place commissioners and for their qualifications, term, and number of members.

The parking commission may be made up of either three or five members.

Commission members must serve without compensation.

City commission members are appointed by the mayor with legislative body confirmation; county commission members are appointed by the legislative body.

Commissioners serve a three-year term from appointment and qualification, and remain in office until successors are appointed and qualified.

A commissioner may be removed by the legislative body with a four-fifths vote.

Commissioners must be business-experienced and capable, so district affairs are administered in the district’s interests.

A commissioner may qualify by being an owner, lessee, corporate officer, employee, or agent of property in the district, or any other qualified person.

A qualifying petition can require the legislative body to remove a commissioner immediately and appoint a replacement.

The board of commissioners has possession, charge, supervision, and control of all parking places covered by this section.

The board must operate, manage, and control the parking places, and it can make and enforce necessary rules for their use.

The board may set, regulate, and collect parking rentals, fees, or charges for parking places it controls, and may set different rates for different customer or user classes.

This section says cities may need assessment districts to provide public parking places, and it states an intent that qualifying property owners in those districts may receive preferential rates, charges, or rentals.

The board of commissioners may limit use of these parking places and set lower rates for owners, tenants, and designated classes of persons.

The board of commissioners must fix rentals, fees, and charges after a public hearing and after giving the notice it prescribes.

The board may choose to operate parking places as free public parking places without charging a fee.

The board must hire necessary employees, but the legislative body normally sets the number of employees and their salaries unless an ordinance gives that power to the board.

The board may lease parking places, grant a franchise, or make a contract for public parking facilities.

The operator’s payment under a lease, franchise, or contract may be set as a fixed sum, a percentage of gross rentals, fees, or charges collected, or some other consideration.

The board must set the maximum rentals, fees, and charges the operator may collect, after public hearing and notice, and those amounts must be stated in the lease or franchise.

An operator may only run public parking facilities on parking places in the district and may not conduct other business there.

A lease or franchise may restrict parking place use to district property owners, tenants, and persons they designate, and may set lower maximum rates for those persons.

Before a parking place commissioners board is appointed, the legislative body may contract or lease with an owner or tenant to reserve parking spaces in the district; after appointment, the board may make the same kind of contracts or leases.

After the board of parking place commissioners is appointed, the board must make any improvement to any parking place under its charge.

Route 18 is defined as the highway route running between Route 10 near San Bernardino, Route 210, Route 15 in Victorville via Big Bear Lake, and Route 138 near Pearblossom.

Each year, the board must prepare an estimate of the expenses needed for its parking places by June 30.

The board must estimate parking revenue and any amount to be raised by taxation, and it must state separately the amount to be raised for acquiring additional parking places.

The legislative body must levy and collect a special ad valorem tax on taxable land and improvements in the district.

The tax levy for parking-place maintenance and related improvements may not exceed $0.15 per $100 of assessed value, and the levy for acquiring additional parking places may not exceed $0.25 per $100.

The special tax must be levied and collected at the same time and in the same manner as general taxes, with the same interest and penalties.

Tax proceeds for maintenance, operation, repair, and improvement must be deposited into the district maintenance and operation fund and used only for parking places under the board’s control.

Tax proceeds collected to acquire parking places must be put into a separate district fund and used only for the purpose for which the tax was levied.

Parking district revenues from fees, charges, or rentals must be turned over to the treasurer, placed in a board-designated fund, and may be used for parking place-related acquisition, improvement, maintenance, repair, and operation.

If the board finds parking district revenues exceed needed amounts, it may use the surplus as a credit against assessments.

If an assessment was paid in cash, the related credit must be returned in cash to the person who paid it, once satisfactory proof of payment is provided.

If an assessment is unpaid, the credit must be applied to the earliest unpaid principal-and-interest installments, and any excess must be returned as provided in Section 31829.

The legislative body may sell or lease property acquired for parking places if it is not needed for that public use.

Money from selling or leasing property not needed for parking places must be put into the fund the board directs, and it may be used for the same purposes as parking-place fee revenue, with one exception for certain assessment-funded property.

The legislative body must hold a public hearing and give notice before deciding that parking property is no longer needed; the city may then use the property for another public use if that use is found to benefit the district, unless timely written objections are filed.

Real property must be acquired or condemned in the city’s name, and title must be held by the city, subject to this part.

The legislative body must make all contracts to lease or buy real or personal property.

If the board resolves that more parking places are needed for the district, it must decide how the property will be acquired and must designate the property.

If a certified copy of the board’s resolution is filed with the legislative body, it may acquire or lease the property under that resolution.

Property for additional parking places may be acquired by purchase, lease, lease with an option to purchase, or under Section 31861, subject to a 25-year limit on certain contracts and leases.

The city cannot be bound by a lease or purchase contract to pay rental or purchase costs from funds other than those provided under this part.

Tax proceeds used for maintenance, operation, repair, and improvement may also be used for parking places held under certain lease or purchase arrangements.

The legislative body may use available city funds to acquire parking places that benefit the district and improve them, and may place those parking places under the district board of commissioners’ control.

The legislative body may use an ordinance to direct parking-meter revenues within the district to specified purposes for up to 25 years.

After a board resolution and filing of a certified copy, the legislative body may acquire additional parking places and improve them through a special assessment on district land.

If owners of 50% of the assessed value of taxable land in each vehicle parking district request it, the district parking places are to be managed by a commission.

A parcel may be added to the district if the owner petitions for inclusion and the required approvals, estimate, and payment are completed.

The legislative body may require an owner to pay an additional amount to the city as a condition of granting a petition for inclusion, if the board of parking place commissioners approves.

Route 19 is defined, and the commission may relinquish specified portions to Bellflower or Downey if it is in the state’s best interests and under a cooperative agreement. A relinquishment becomes effective when recorded by the county recorder, and the relinquished portions stop being state highways.

This section defines key terms used in the chapter, including substitution proceeding, new property, old property, substitution, district funds, and city funds.

Substitution proceedings may be used when the legislative body decides they are necessary or desirable because circumstances have changed.

Before adopting a resolution under Section 31913, the legislative body must submit it to the district parking place commissioners board and review the board’s report and recommendation.

The board must submit its report and recommendation within 30 days after the legislative body orders a proposed resolution sent to it, unless the legislative body allows more time.

The legislative body may start a substitution proceeding by adopting a resolution.

A resolution to order a substitution must include specified property, valuation, and hearing details.

The resolution proposing a parking district substitution must be noticed by publication, posting, and mailing.

An interested person may file a written objection with the clerk of the legislative body before the hearing time set for the proposed substitution.

At the hearing, objections and protests must be heard and considered, and the hearing may be continued from time to time by an order entered on the minutes.

If owners of more than half the assessable land object in writing to a proposed substitution, the legislative body must record that finding and stop the substitution proceedings.

If more than half of the assessable land area has no written objections or protests, the legislative body may find that fact and continue to the hearing.

A protest, objection, or related signature may be withdrawn in writing, signed by the person who made it, and filed with the clerk before the legislative body decides whether a majority protest exists.

Objections or protests not made at the time and in the manner required by this chapter are treated as waived.

The legislative body may sustain or deny objections and protests unless there is a majority protest, and it must enter its determination on the minutes.

Challenges to proceedings under this chapter are barred after the hearing unless the ground was stated in a filed objection or protest.

At the hearing, the legislative body may propose a modification by resolution, and the resolution must describe the change, set a hearing time, and be published at least 15 days before the hearing in the same newspaper used for the original substitution resolution.

After a hearing, the legislative body may order a substitution only if it adopts a four-fifths resolution and makes two required findings.

The legislative body may adopt a resolution of implementation once the substitution conditions are met, and it may abandon the substitution proceedings before that resolution is adopted.

A resolution of implementation must describe new property acquired or improved under this chapter, and after that resolution is adopted the city must hold the property for the district’s use and benefit.

The implementation resolution must describe old property no longer held for the district’s use, and prior interests in that property end after the resolution is adopted.

Before adopting the resolution of implementation, payment must be made for the unpaid balance of any outstanding bond, plus any unpaid interest and penalties due on it.

After a resolution of implementation is adopted, old property inside the district boundaries is treated as excluded from the district.

District and city funds must be used to pay the costs of acquiring or improving new property, and the board controls the district-fund share. If city funds cannot be appropriated, the substitution proceedings must be abandoned before any implementing resolution is adopted.

Substitution proceedings for replacing old property may not be started unless the property was used as a parking place, or for entry to or exit from a parking place, for at least one year.

Route 20 is defined as running from Route 1 near Fort Bragg to Route 101 at Willits, and from Route 101 to Route 80 near Emigrant Gap via Williams and Colusa.

Route 22 is defined as the highway segment from Route 1 near Long Beach to Route 405, and from Route 405 to Route 55 near Orange.

This section describes Route 23 as running between Route 1 near Aliso Canyon and Route 101, between Route 101 in Thousand Oaks and Route 118, and between Route 118 and Route 126 near Fillmore.

Route 24 is described as running in two segments: from Route 580 in Oakland to Route 680 in Walnut Creek, and from Route 680 in Walnut Creek to Route 4 near Pittsburg.

This section describes Route 25 and lets the commission relinquish part of it to the City of Hollister, with conditions, or adopt a bypass alignment into the state highway system.

This part may be cited as the Parking Law of 1949.

Additional parking facilities and related undertakings are treated as public uses and governmental functions, allowing public money to be spent and private property to be acquired for them.

This section says the parking-law part does not change other laws on the same or similar subject and does not limit a city’s constitutional powers.

Parking facilities operated by an authority must comply with local planning, zoning, sanitary, and building laws, and the authority must consider applicable master plans when planning and siting parking facilities.

If part of this law is held invalid, the rest still remains in effect.

The chapter’s definitions control how this part is interpreted, unless the context requires otherwise.

“Authority” or “parking authority” means any public corporation created by Chapter 2 of this part.

This section defines “City” and “the city” for use in this chapter.

This section defines “legislative body” for cities, counties, and cities and counties.

This section defines “Mayor” for this code section.

“Clerk” means the city clerk or the officer who normally performs the clerk’s duties; for a county parking authority, it means the clerk of the board of supervisors.

This section defines “obligee of the authority” or “obligee.”

“State public body” is defined as the State and certain local and public entities.

“Project” means any acquisition, improvement, construction, or undertaking authorized by this part.

This section defines “parking facilities” to include public transportation terminal facilities and related facilities.

Route 26 runs from Route 99 in Stockton to Route 12 at Valley Springs, then from Route 12 to Route 88 near Pioneer Station via Mokelumne Hill and West Point.

Each city and county has a public body corporate and politic called the parking authority.

The authority cannot do business or use its powers until the city’s legislative body declares by resolution that the authority is needed.

The legislative body may decide that an authority is needed, either on its own motion or after a petition signed by 100 city residents.

An authority is conclusively deemed established and authorized to transact business and exercise its powers once proof is shown that the legislative body adopted the resolution declaring the need for the authority to function.

A city may not do business or use Section 33552 powers unless its legislative body first declares by resolution that the city needs to exercise parking authority powers.

The legislative body may adopt one or both resolutions, and if both are adopted they must clearly define where the city and the authority each have jurisdiction and control.

After a city legislative body adopts a resolution declaring the need for a parking authority, the mayor must appoint five city electors as members of that authority, with the legislative body’s approval.

This section sets terms for parking authority members and lets certain charter cities use commission or transportation board members ex officio as parking authority members.

The authority must hold meetings at times it determines, and it needs three concurring members’ votes to take any action.

The mayor must appoint the first chairman, and later the authority must elect a chairman if the office becomes vacant.

A member of an authority may be removed by the mayor if the legislative body agrees.

The legislative body may declare itself to be the parking authority, and if it does, it receives the powers, duties, privileges, and immunities that this part gives to parking authority members.

The legislative body may declare itself to be the parking authority if the stated appointment and consent conditions are met.

A legislative body that has made itself the parking authority may later stop serving in that role by resolution, and then the mayor, with the legislative body’s approval, must appoint five city electors as parking authority members.

The legislative body may estimate and appropriate money for the authority’s administrative purposes, subject to fiscal law and a two-thirds vote.

The authority must file a detailed report with the legislative body on a quarterly, semiannual, or annual schedule set by that body.

The authority must submit an audited statement of all its financial affairs to the city’s legislative body at least once each year.

If a parking authority in a city does not acquire land, issue bonds, or enter a related contract within four years after the city declares the need for it, the legislative body may declare that the authority is no longer needed.

When a suspension ends by resolution, the authority’s appointments and organization proceed as if the original need resolution had been adopted; if the suspension ends during a member’s term, that member is restored to office and serves the rest of the unexpired term.

After a resolution says a parking authority is no longer needed, the legislative body may wind up the authority’s affairs and holds title to its property for that purpose and for the city’s benefit.

After a parking authority is activated, the legislative body may pass a two-thirds-vote resolution transferring the authority’s property to the city, but the transfer cannot violate bond covenants or agreements.

Route 27 is identified as running from Route 1 near Topanga Beach to Route 118.

Route 28 runs from Route 89 at Tahoe City along the north side of Lake Tahoe to the Nevada state line at Crystal Bay.

The authority may sue and be sued, use a seal, make contracts, adopt and change by-laws and regulations, and hire or remove officers and employees.

The authority may acquire, manage, dispose of, improve, and insure property for parking purposes, including by eminent domain, but it cannot acquire state public body property without consent.

The authority may acquire, lease, manage, operate, and otherwise handle real and personal property, including surplus space used for non-parking commercial purposes.

The authority may use part of parking-facility property for incidental commercial uses, but those uses must stay secondary and within 25% of the land or building floor area.

The authority and the city must not manage or operate surplus commercial space other than parking; they must lease that space to private operators.

The authority may take actions to provide motor vehicle parking space, create parking facilities within the city, and handle and care for vehicles in parking spaces it owns, controls, or operates.

The authority may receive, control, and spend money and funds related to parking facilities or related properties.

The authority may invest certain reserve, sinking, or temporarily unneeded funds, but it must not make an investment that conflicts with bond covenants or agreements.

The authority may borrow money or accept financial or other assistance for parking facilities in its area of operation, and may agree to conditions attached to that assistance.

The authority may use all, part, or a combination of the powers granted in this part.

The authority may take other actions and do other things needed, convenient, desirable, or appropriate to carry out this part.

The authority may use city departments, offices, or agencies to provide services and facilities instead of doing everything itself, if the authority and the city’s legislative body approve the terms. The legislative body may also set an annual payment from the authority to the city, capped by what the authority would pay in ad valorem taxes as a private owner.

Route 29 is defined as running from Route 80 near Vallejo to Route 20 near Upper Lake, passing through the Napa, Calistoga, Lower Lake, Kelseyville, and Lakeport areas.

An authority may not use eminent domain to acquire an existing parking facility unless it first holds a public hearing and publishes notice within the stated time and place requirements.

If condemnation proceedings by the authority make it necessary to remove, relocate, or alter public-use property, the authority must pay those costs.

An authority generally may not acquire property used for parking or storing motor vehicles unless the legislative body approves it or the replacement project will provide at least triple the existing parking capacity.

Section 32951 does not apply when the project to be furnished or constructed is leased by the authority to the city.

The authority may lease a project to the highest responsible bidder after giving the required bid notice.

A bid notice must clearly describe the project, the facilities to be leased, the lease period, and the minimum rental, and it must state that the authority keeps the power to set parking or storage rates.