Opinion No. (2006)

BILL LOCKYER Attorney General MARC J. NOLAN Deputy Attorney General THE HONORABLE JIM BATTIN, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a city council enter into a subdivision improvement agreement and a reimbursement agreement with a landowner who is the employer of a member of the city council, where each agreement is related to public improvements that are required by the Subdivision Map Act and the city's subdivision ordinances? CONCLUSION A city council may enter into a subdivision improvement agreement and a reimbursement agreement with a landowner who is the employer of a member of the city council, where each agreement is related to public improvements that are required by the Subdivision Map Act and the city's subdivision ordinances, provided that the city council member discloses his interest in the subdivision and abstains from voting on any matter concerning the subdivision. ANALYSIS The Subdivision Map Act (Gov. Code, §§ 66410 - 66499.37 ; "Act") 1 regulates the design, improvement, and sale of subdivisions throughout California. ( City of West Hollywood v. Beverly Towers, Inc. (1991) 52 Cal.3d 1184 , 1189 ;…