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OFFICE OF THI; CITY ATTORNT;y <br />OPINION id0. 74-1G <br />April 9, 1974 <br />SUBJECT; Board of Parking Place Commi::si.c~nrr~, <br />of. Parking District No. 1 <br />REn[JESTED BY: City Manager' Office <br />OPINION BY: James A. Withers, Ci.t.v ni-.lc~r.nev <br />BY: Richard E. Lay, Deputy City J1tt:orncy <br />QUESTION: Where the City has by ordinance appointed <br />the Community Redevelopment ngency to he <br />the Board of Parking Place Commissioners, <br />is the Redevelopment A~7ency subvert to <br />possible liability in a personal in-jurv <br />action ar.isinq out of negligent mainte- <br />nance of the parking lot one.ratec3 fir. the <br />parking cistrict? <br />ANSWER: No. The Board of Parking Place Commissioners <br />remains a separate and distinct legal entity <br />to the same extent as it existed prior to the <br />City ordinance. The City ordinance only had <br />the effect of appointing the members of the <br />Redevelopment Ae~ency as members of the Park- <br />ing Commission. The Redevelopment R.gency, as <br />a legal entity, does not itself have any <br />duties or rights with respect to the narking <br />. lot which would provide a basis for passible <br />personal injury liability. <br />ANALYSIS: <br />Municipal Code Section 2.-F18, as recently enacted by <br />the City Council, declared the Community Redevelopment Agency to <br />be the Board of Parking Place Commissioners in Mace of, ar.d in <br />succession to the previously appointed members of Board. It pro- <br />vides that the. number, terms of_ office,-and c{ualifications of <br />members of the Board shall he the same ~zs those of the Agency, <br />and that no member of the Agency shall be suh~ect to removal from <br />the Board. In enacting this code section the City council de- <br />clared its intent to appoint the Agency as the Roard pursuant to <br />the provisions of the State Parking District Law of 1943, and in <br />particular to Streets and Highways Code Section 3177.1, allow- <br />inq a city to appoint a pre-existing hoard or commission as its <br />Board of Parking Place Commissioners and to est~~hli.sh the terms <br />of office, appointment, removal, dualification and number. of <br />parking place commissioners. <br />-47- <br />