BOARD OF COMMISSIONERS OF PARKING DISTRICT NUMBER 1

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Opinion No. 74-5 Page Two the obligation to prepare an annual budget of the estimated expenditures and revenues of such parking facilities (St.& H. Code Sections 31820-31822). (2) Permissive duties respecting acquisition of new parking facilities or the levying of new assessments, where the Board of Commissioners has the authority to recommend such measures to the City Council if it chooses to do so. The 1943 Parking Law does not contain any provision for the termination of either the district or the board of commissioners, and the city's power to do so must depend upon the general purposes of that law. As long as the City retains public parking facilities acquired pursuant to the 1943 law, it is required to maintain a board of commissioners to carry out the mandatory duties respecting the management of such . property. The law does, however, allow the city council to dispose of such property upon a determination that it is no longer necessary for public parking purposes (St. & Fi. Code Section 31850). If the city did so, the board of commissioners would no longer have any mandatory duties to perform. There would not appear to be any legal obstacle to the Council pro- ceeding at this point to enact an ordinance abolishing the district, based upon a finding that the public interest no longer requires the acquisition and maintenance of any. public parking facility for the district. As long as the parking facilities are retained, however, the city must maintain the district and its board of commissioners. II The 1943 law (Section 31770.1) provides that the City Council may by ordinance designate any board or commission, in- cluding boards or commissions already existing pursuant to Char- ter provision or prior ordinance, to act as the Board of Commis- sioners for the Parking District; or it may, by ordinance, cre- ate a new board and provide for the appointment, removal, quali- fications, terms of office and number of members. The provisions of the law following this section (sections 31771 through 31778), pertaining to the number, appointment, terms, removal and quali- fications of members, only apply if the council has not taken action on these matters pursuant to section 31770.1. Since the Redevelopment Commission has been mentioned as a possible agency to be designated as the Parking Commission, it may be noted that the Redevelopment Law would not prohibit such an action. Health and Safety Code Section 33111, concerning in- compatability of office declares that members of the Redevelopment n~~c~ncy may be members or commissioners of any other agency of the community. (Although this section applies by its terms to tine Redevelopment Agency, rather than to the Redevelopment Com- mission, it must be considered to apply to the Commission when, as in Santa Ana, the City Council is itself the Agency). There does