Chapter 2.28 PARKING AUTHORITY

The public interest, convenience and necessity require and the city council is hereby declared to be and constitute a parking authority and to have the powers, jurisdiction and authority herein provided, and no further declarations for such authority or commission shall be required. The parking authority shall be and constitute the parking place commission or parking authority in lieu of those provided in general law.

(Prior code § 7800).

2.28.020 CITY COUNCIL POWERS.

Where any power herein provided to be exercised by the parking authority would constitute an unlawful delegation of legislative powers, such power shall be deemed to have been exercised by the city council. All powers of the authority shall be exercised in the name of the city council.

(Prior code § 7801).

2.28.030 GENERAL POWERS.

The whole or any part or parts of the city may be created and operated as a district or districts for the acquisition and improvement of public motor vehicle parking places; on and off-street parking facilities may be installed and maintained; bonds to pay the cost thereof may be issued and paid; the acquisition, improvement, maintenance, operation and disposal of public parking places may be had; contributions may be made; annual ad valorem assessments shall be levied and collected; net revenues from on and off-street parking facilities for the payment of the principal and interest of such bonds and for the cost of maintaining and operating such facilities shall be allocated and pledged; covenants and agreements with the bondholders for the security and payment of such bonds shall be made; supplemental remedies for the payment of said bonds shall be had and taken; and the parking authority shall have the powers, jurisdiction and authority, all as now or hereafter provided in the Parking District Law of 1951 (herein called the “act”), excepting as herein otherwise provided. Protests may be presented and heard at the times and in the manner provided in the act.

(Prior code § 7802).

2.28.040 AD VALOREM ASSESSMENT FOR CAPITAL IMPROVEMENTS OR ASSESSMENTS.

Annual ad valorem assessments may be levied against the taxable real property within any district created under this chapter or under any other provisions of this code or under the general law for any or all or any combination of the following purposes, in addition to the purposes for which such assessments may now be levied:

(1) To pay for the acquisition and improvement of additional off-street motor vehicle parking lots in or for the district, including facilities required for improved access or ingress to and egress from such lots;

(2) To pay special assessments against any property owned by the city for and on behalf of the district, including off-street parking lots;

(3) To repay funds advanced by the city for the purpose of paying such special assessments or installments of principal and interest thereon, including interest on amounts so advanced at the rate paid on bonds sold to represent unpaid assessments in the proceedings.

(Prior code § 7802.1).

2.28.050 INVESTIGATION ACT.

Before ordering any acquisitions, or improvements, or both, or the creation of any district pursuant hereto, the council shall find that the public convenience and necessity require such acquisitions or improvements, or both, in the manner provided in Section 17, Article XIII of the California Constitution.

(Prior code § 7803).

2.28.060 ORDINANCE SUPERIOR.

The provisions of this ordinance shall be controlling to the extent that they are in conflict with any of the provisions of the act.

(Prior code § 7804).

2.28.070 ORDINANCE NOT EXCLUSIVE.

This ordinance is not exclusive. The council shall have the power to provide other procedures or to following parking place or district procedures now or hereafter provided by general law.

(Prior code § 7805).

2.28.080 CITY VOLITION.

The city may prepare a report, adopt a resolution of intention and form a parking district, without any petition therefor.

(Prior code § 7806).

2.28.090 PARKING PLACES.

It shall not be necessary for the proposed parking lots to be located within the parking district, provided they are contiguous to the district.

(Prior code § 7807).

2.28.095 PARKING PERMIT PROGRAMS.

The city council is hereby authorized to establish permit parking programs by resolution. Program guidelines shall include, but not be limited to: hours and days of operation, program boundaries, permit limitations, and exemptions and penalty for violations.

(Ord. 83-30 § 1, 1983).

2.28.100 PROCEEDINGS.

The first publication of the resolution of intention and the mailing of copies thereof shall be not later than ten days before the day fixed therein for hearing. In any proceedings heretofore or hereafter taken, the city council may act by resolution; and the city council may order the bonds issued before contracting or obtaining options for the purchase of the land, property or rights-of-way to be acquired, or obtaining a judgment in eminent domain for the acquisition thereof.

(Prior code § 7808).

2.28.110 BONDS.

The bonds shall be serial in character, payable in such amounts on July 2nd of each year as the city council shall determine, the last installment of which shall mature not later than thirty-nine years from the second of July next succeeding ten months after their date. They shall bear interest at not to exceed seven percent per year, payable semiannually except that the first coupon shall be for interest from their date to the January 2nd next succeeding four months from their date.

(Ord. 71-8 § 1, 1971: prior code § 7809).

2.28.120 DIVISIONS.

The bonds may be issued in different divisions with different dates, may be callable as provided in the act, may be sold at or below par, in the manner determined by the city council, and shall state in substance that they are not a general obligation of the city but rather are payable solely from the special ad valorem levies and from net revenues of on and off-street parking facilities pledged therefor.

(Prior code § 7810).

2.28.130 BONDS PAID FROM AD VALOREM TAXES.

Any bonds issued hereunder, and the interest thereon, shall be payable from annual ad valorem assessments levied upon the real property within the district and the limitations provided in the act shall not apply. The bonds shall also be payable from net on and off-street parking revenues as herein provided.

(Prior code § 7811).

2.28.140 ANNUAL STATEMENT.

Annually, prior to the time fixed for levying city taxes, the authority shall prepare and file with the city council a statement of the amount or amounts required for any of the purposes set forth in Section 2.28.040, for payment of the principal and interest of said bonds, for payments to any reserve funds covenanted to be established, and for the payments of any other costs which might be or become a charge against the revenues of the on and off-street parking facilities which has or which will become due before the proceeds of the second succeeding annual levy shall become available therefor.

(Prior code § 7812).

2.28.150 ANNUAL LEVY.

The city council shall annually, at the time of making the general city tax levy, provide for the levy of an ad valorem assessment upon the taxable real property in said district. In determining the amount of such levy, the city council shall anticipate the amount of any delinquency in such levy.

(Prior code § 7813).

2.28.160 MANNER OF COLLECTING ASSESSMENTS.

Such annual assessments shall be levied, collected and enforced in the same manner, at the same times, and with the same penalties and interest, as in the case of city taxes; and upon default in payment, the property securing such assessments shall be sold in the same manner in which real property in the city is sold for nonpayment of general taxes, and be subject to redemption within one year from date of sale in the same manner as such real property may be redeemed from such delinquent sales, and upon failure of such redemption shall in like manner pass to the purchaser.

(Prior code § 7814).

2.28.170 SUPPLEMENTAL BOND REMEDIES.

In the event there shall not be sufficient moneys in the bond interest and redemption fund to pay any bond or any interest coupon when it shall mature, and there are not sufficient funds available therefor in any reserve fund created therefor, or in the operative fund of the facilities, as a loan only and to be recovered from the proceeds of any special ad valorem assessment levy or net revenues thereafter available therefor, and in any event, from the proceeds of delinquent special ad valorem assessments recovered from the redemption or sale of property subject thereto, the city council shall make the transfers and advances from available city funds, and the special tax levies, in the manner and with like force and effect, all as now or hereafter provided in Sections 24, 25 and 26 of the Refunding Assessment Bond Act of 1935, or any codification thereof.

(Prior code § 7815).

2.28.180 LOANS TO PROJECT.

To expedite the making of any such improvement, the city council may, at any time, transfer into the acquisition and construction fund, out of available funds, such sums as may be deemed necessary, and make such acquisitions or improvements or both, and pay such incidental expenses therefrom as deemed advisable, and such sums so transferred shall constitute a loan to such special fund, and shall be repaid from the proceeds of the bonds or ad valorem assessments or net revenue thereafter issued, levied or collected.

(Prior code § 7816).

2.28.190 CONTRIBUTIONS.

The city may, from time to time, make contributions to a project, if it shall be determined that the public interest and general welfare shall be served thereby.

(Prior code § 7817).

2.28.200 MODIFICATIONS.

During the progress of the project the city council may make changes in the improvements or acquisitions or in the boundaries of the proposed assessment district, or in the estimate of costs, or in the resolution of intention or proceedings.

Where said changes result in extending the boundaries of the assessment district, increasing the total amount to be collected, or increasing improvements or acquisitions, or making substitutions therein, they shall not be ordered except after notice of intention so to do published not less than ten days before the day set for the hearing by one insertion in the newspaper in which the resolution or intention or notice of improvement was published, describing the proposed changes and specifying the time and place of hearing and after hearing on such notice. Protests may only be made against the proposed changes. If no protests are made, or protests are found to be insufficient, or have been overruled, immediately thereon the city council may order the changes.

(Prior code § 7818).

2.28.210 LIBERAL CONSTRUCTION.

This ordinance shall be liberally construed in order to effectuate its purpose. No error, informality, omission or illegality, and no neglect or omission of any officer, in any procedure taken hereunder, which does not directly affect the jurisdiction of the legislative body to order the work or improvement, shall avoid or invalidate such proceedings or any assessment for the cost of any work or acquisition hereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the city council in accordance with the provisions hereof.

(Prior code § 7819).

2.28.220 DECISIONS FINAL.

All decisions and determinations of the city council, upon notice and hearing, shall be final and conclusive upon all persons entitled to appeal, as to all errors, informalities, omissions and irregularities which might have been avoided, or which might have been remedied during the progress of the proceedings or which can be remedied, and as to illegalities not amounting to a want of due process of law.

(Prior code § 7820).

2.28.230 EFFECT OF PUBLICATION.

No bonds issued hereunder, and no proceedings for same, shall be held invalid by any court for error, informality, omission, irregularity, illegality or other defect in the same, where the resolution of intention has been actually published as herein provided.

(Prior code § 7821).

2.28.240 REISSUANCE FOR INVALIDITY.

In the event that any court of competent jurisdiction shall determine that any bonds issued hereunder shall be invalid by reason of a want of jurisdiction to issue same, or if the city council shall determine that the bonds, or any thereof, are uncollectible, the city council shall cause new bonds to be issued upon giving notice thereof by two publications in a local newspaper, the first of which publications shall be at least ten days before the date set therein for hearing thereon. Such bonds shall be for the amount of the unpaid bonds determined to be invalid or uncollectible and for incidental expenses. The city council’s decision that any original bonds are uncollectible and its decisions on notice and hearing shall be final.

(Prior code § 7822).

2.28.250 ALTERATION OF DISTRICT.

The boundaries of such district may be enlarged from time to time. The territory to be annexed shall be set forth in a resolution of intention to be adopted by the city council, which shall give notice that said matter, and all persons interested will be heard by the city council at a time to be stated therein, at the regular meeting place of the city council. Such resolution shall be published twice in a newspaper of general circulation published in the city, the first of which shall be at least ten days before the date fixed for hearing. The hearing may be adjourned from time to time. At the hearing the city council shall have the power to determine whether or not the entire territory, or only a portion thereof, to be annexed will be benefited by being annexed. The city council shall by resolution order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive. Thereafter the property annexed shall be subject to special levies for maintenance and operation and for ad valorem bonds issued for the acquisition or construction of the improvements.

(Prior code § 7823).

2.28.260 INCIDENTAL USE OF PROPERTY.

As an incident to the operation of any parking facility, the city council may devote a portion of the property acquired to uses such as a bus terminal, gasoline service station, helicopter landing area, or any other commercial use, including retail stores, when in its judgment it is convenient or necessary to conduct or permit such use in order to utilize properly 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 twenty-five percent 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 twenty-five percent of the floor area.

(Ord. 91-33 § 1, 1991: prior code § 7824).

2.28.270 ZONES.

If, in the judgment of the city council conducting the proceeding, varying benefits to be derived by the different parcels of land lying within the assessment district so require, the district may be divided into zones according to benefits. The district may be divided into as many zones, up to the total number of parcels of land in the district as may be deemed necessary, and each zone shall be composed of and include all the lands within the district which will be benefited in like measure. The city council shall also determine the percentage of the sum to be raised each year by the levy and collection of the special assessment taxes in the district for the payments on the principal and interest of the bonds, which will be raised from the lands in each zone. When the district is divided into such zones the resolution of intention shall so state, giving said percentages to be raised from the lands in each zone. Each zone shall be designated by a different letter or number and shall be plainly shown on the map or plat of the assessment district filed in the office of the city clerk and referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of land is located. It shall be sufficient in all cases where the assessment district is to be divided into such zones according to benefits if the resolution of intention states that fact and refers to the plat or map for the boundaries and all details concerning the zones.

(Prior code § 7825).

2.28.280 PARKING DISTRICT ADVISORY COMMISSIONS.

Parking district advisory commissions shall be established for each parking district created pursuant to this chapter and law by ordinance of the city of Santa Cruz. Each parking district advisory commission so established shall consist of seven commissioners. The commissioners shall either be qualified electors of the city of Santa Cruz, or shall be qualified electors of Santa Cruz County, who are proprietors or employees of commercial establishments, or members of professions, with offices or businesses physically located within the boundaries of the parking district for which they are appointed to serve. The duties and authority of each parking district advisory commission are as follows:

To act as an advisory commission to the city council to consider and review problems arising from the operation of off-street parking lots and of the parking spaces on the streets within the boundaries of said parking districts, parking lot traffic patterns, parking meter placement or replacement, parking meter rates and limits, directional sign placement and other matters relating to operation of said parking district to making findings with respect to the foregoing matters and report their recommendations to the city council.

(Ord. 83-06, 1983: Ord. NS 601, 1965: prior code § 7826).

2.28.290 Repealed by Ord. 83-11.

2.28.300 SALE OF PROPERTY.

The city council may sell any parking district property acquired for parking purposes which is not needed therefor or where the proceeds of sale will be used to create a similar number of parking places within the parking district. Any money received from such sale may be used for the acquisition, construction or improvement of other parking facilities in the parking district. Any money received from such sale may also be applied as a credit against any assessments levied for the acquisition of such property.

(Ord. 90-07 § 1, 1990).