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OFFICE OF THE CIrY ATTORNEY <br />OPINION N0. 74-21 <br />July 12, 1974 <br />SUBJECT: Permissible Uses of the Parking Meter Fund <br />REQUESTED BY: City Manager <br />OPINION BY: James A. Withers, City Attorney <br />-. by Charles J. Liberto, Assistant City Attorney <br />QUESTION 1: As the parking meter fund is presently <br />established by S.A.M.C. Section 36-406, <br />may those funds be loaned to the Community <br />Redevelopment Agency for purposes other <br />than traffic regulation. <br />ANSWER: No. As S.A.M.C. Section 36-406 is presently <br />worded, the parking meter fund must be used for the specific traffic <br />regulation purposes specified in Section 36-406 as determined <br />by the City Council. <br />QUESTION 2: May the City transfer the present $300,000 <br />balance in the parking meter fund to the <br />general fund for the purposes specified in <br />S.A.M.C. Section 36-406 thereby releasing <br />an equivalent $300,000 of. general fund monies <br />otherwise designated for traffic regulation <br />purposes, and loan said amount to the Commun- <br />ity Redevelopment Agency for its general <br />purposes? <br />ANSWER: Yes. So long as the parking meter funds are <br />placed in the general fund for the purposes specified in S.A.M.C. <br />Section 36-406, the resultant effect of freeing an additional <br />$300,000 in general fund money for other purposes does not thereby <br />render the lending of said $300,000 to the Community Redevelopment <br />Agency an illegal act or a violation of Section 36-406. <br />QUESTION 3: May S.A.M.C. Section 36-406 be amended <br />allowing the use 'of parking meter fund <br />monies for the purposes of making loans <br />to the Community Redevelopment Agency for <br />general purposes other than traffic regulation? <br />ANSWER: No. California law has not been as yet estab- <br />lished on this point, but the opinion of qualified legal writers <br /> <br />-59- <br />