Opinion No. (2000)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE ADAM B. SCHIFF, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a city council enter into a development agreement with a joint powers agency where a city planning commissioner advises the city council with respect to the terms of the agreement and the commissioner's spouse serves as the city's representative on the joint powers agency? CONCLUSION A city council may enter into a development agreement with a joint powers agency where a city planning commissioner advises the city council with respect to the terms of the agreement and the commissioner's spouse serves as the city's representative on the joint powers agency. ANALYSIS A city council intends to enter into a development agreement (Gov. Code, §§ 65864 - 65869.5 ) 1 with a joint powers agency (§§ 6500 - 6599.1 ) which operates an airport. The agreement would cover expansion of the airport facilities. The city is a member of the joint powers agency, a separate public entity (§ 6507 ; 65 Ops.Cal.Atty.Gen. 618 , 619 (1982)), and its representative on the governing board of the joint…