Opinion No. (1998)

DANIEL E. LUNGREN Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE WILLIAM A. CRAVEN, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following questions: 1. May a joint powers agency be established by a city and a nonprofit public benefit corporation created by the city? 2. May a joint powers agency established by a city and another local agency impose development impact fees on the development of property in a geographic area that is not within the boundaries of any of the contracting parties? CONCLUSIONS 1. A joint powers agency may not be established by a city and a nonprofit public benefit corporation created by the city. 2. A joint powers agency established by a city and another local agency may not impose development impact fees on the development of property in a geographic area that is not within the boundaries of any of the contracting parties. ANALYSIS The questions presented for resolution concern the formation of a joint powers agency having the authority to issue bonds under the Joint Exercise of Powers Act (Gov. Code, §§ 6500 - 6599 ; "Act"). 1 We are asked to determine whether a nonprofit public benefit…