BOARD OF COMMISSIONERS OF PARKING DISTRICT NUMBER 1

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OFI'ICE OI' THE CITY ATTORNEY OPINION NO. 74-5 January 17, 1974 SUBJECT: Board of Commissioners of Parking District Number 1. REQUESTED BY: Office of the City Manager OPINION IIY: James A. Withers, City Attorney By Richard E. Lay, Deputy QUESTION l: Is the continued existence of the Board of Commissioners of Parking District Number 1 required by law? ANSWER: As long as the City retains public parking places acquired for the use and benefit of Parking District Number 1, it is required to maintain a board of .commissioners. QUESTION 2: Can the duties and responsibilities of the Parking Commission be transferred to another board or commission, such as the Redevelopment Commission? ANSWER: Yes. The City Council acting by ordinance, can name any existing board or commission as the Parking Commission. ANALYSIS: I Parking District Number 1, was created by ordinance of the City Council in 1954 pursuant to the provisions of the California Parking District Law of 1943 (Streets and. Highways Code, Sections 31500 et seq.). This state law is one o.f three alternative methods provided by the state legislature in the Streets and highways Code by which cities can acquire and main- tain public parking facilities, the other two being the Park- ing Law of 1949 (Sections 32500 et s.eq.) and the Parking Dis- trict Law of 1951 {Sections 35100 et seq.). The 1943 law pro- vides for the creation of an assessment district to finance the acquisition and construction of public parking facilities and for the establishment of a Board of Commissioners with specified duties. These duties fall into two broad categories: (1) Mandatory duties respecting the management of property which has been acquired by tale city for use as parking f.acil.i- ties for the benefit of the district. An example of. ''pis is