BOARD OF PARKING PLACE COMMISSIONERS OF PARKING DISTRICT NO. 1

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OPINION N0. 74-16 PAGE T~1n In enacting Section 2-G18, the City Connci.l did not intend to abolish the Board of. Parking Place Commissioners. Its intent, rather. , was simply to appoint i.he merTrhr~rS of the Agency as members of the Bo~-rrd "in place of an~j in ;;ucres~;ion to the previously appointed members. " '"ham concl.~r~:i.on t-.h::~t. t;he City Council intended the t3oard to cons-.inue as ~r c]~. ,tinct entity follows necessari]_y from the fact that t_hc~ ;;c~conc] sen- tence of Section 2-618 provides f.or. the numt~er, term:; of offS.ce, qualifications, and removal of the Iio~~rc9 after the r.n~~c~l-mc:nt of the ordinance. furthermore, ~.rny intent to ahc~li:;h I:hc~ l~c~~lyd of .Parking Place Commissioners as a continu i.nc~ ci.i ~; t i nci: c~nt~ i;y would have been contrary to the ~~ehic].e 1'arkinct ni str..ict L~zw of 1943, which assumes the continued existence ~~- ri }~o.-~r.d of commissioners for as long a time as the City retains a ~~zrkind lot requiring administration by such a board. The Board and the Agency therefore remain separate and distinct entities. The powers, duties, and responsibili- ties of each are established and limited by completely distinct provisions of the state law. Under the State Community Redevel- opment Law, the Redevelopment Agency has its own assets .and may acquire property in its own name for which it may possibly be subject to liability for negligent maintenance. The parking lot created for the benefit of Parking District No. 1 does not constitute such property, however. Under. the Parking Law of 1943 it was acquired as, and remains, the nropert:y of the city of_ Santa Ana. The Redevelopment Agency as a separate entity has nothing to do with the ownership of the lot or. any r.esnon- sibility for its maintenance and control. The potential liability in a personal in~tiry action for negligent maintenance of_ the lot remains the same as it was prior to the enactment of. Section ?-Fi18. The only difference is a change in persons who may he subject to individual .liability as parking place commissioners. The only public entity which is potentially liable remains the City itself, as the owner of_ the lot. Respectfully submitted, James A. Withers, City Attorney By Richard E. Lay, Deputy City Attorney JAW:REL:nr _qg_