Opinion No. (2002)

BILL LOCKYER Attorney General MARJORIE E. COX Deputy Attorney General THE HONORABLE DAVID G. KELLEY, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: 1. May a city council continue to lease property to a nonprofit corporation under a 40-year lease that will expire in 29 years and grant funds to the corporation if a newly elected council member is the salaried executive director of the corporation? 2. May a city council continue to execute an extension of a contract with a construction company to "noise-proof" homes near a city airport if the company's architectural subcontractor is the firm of a newly elected city council member and if the firm has been the architectural subcontractor on the project for more than five years and the architectural subcontractor for this construction company for the past three years? CONCLUSIONS 1. A city council may continue to lease property to a nonprofit corporation under a 40-year lease that will expire in 29 years even though a newly elected council member is the salaried executive director of the corporation. The city council may also grant funds to the corporation, provided that the newly elected council…