Opinion No. (2006)

BILL LOCKYER Attorney General MARC J. NOLAN Deputy Attorney General THE HONORABLE ANN MOORE, CITY PROSECUTING ATTORNEY, CITY OF CHULA VISTA, has requested an opinion on the following question: May a city council enter into a subdivision improvement agreement with a condominium developer if one of the council members is a renter in the complex being converted to condominiums where (1) a tentative map was approved for the project requiring a tenant financial assistance program, (2) the council member became a tenant after approval of the tentative map and has not participated in any consideration of the subdivision improvement agreement, and (3) the agreement is part of the final map approval process and contains the conditions of the tentative map? CONCLUSION A city council may enter into a subdivision improvement agreement with a condominium developer even though one of the council members is a renter in the complex being converted to condominiums where (1) a tentative map was approved for the project requiring a tenant financial assistance program, (2) the council member became a tenant after approval of the tentative map and has not participated in any consideration of the…