MEETINGS OF THE CITY COUNCIL AS REDEVELOPMENT AGENCY AND HOUSING AUTHORITY

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OFFICE OF THE CITY ATTORNEY OPINION NO. 73-31 APRIL 16, 1973 SUBJECT: Meetings of the City Council as Redevelop- ment Agency and Housing Authority REQUESTED BY: City Council OPINION BY: James A. Withers, City Attorney Richard E. Lay, Deputy City Attorney QUESTION: Is the City Council required by law to keep separate minutes of its meetings in its capacity as Housing Authority and Redevelopment Agency? ANSWER: No. However, it is recommended that it continue to do so as a matter of administra- tive convenience. The prow isions of the Government Code pertaining to the establishment of the Redevelopment Agency and the Housing Authority prow ide in both instances for the governing body of the city to declare itself to be the agency (Gov. Code Sections 33200, 34290). In both cases the effect of such a declaration is that the powers, duties, privileges, and immunities vested by the Government Code in these agencies are thereby vested in the legislative body of the city. The effect thus is to add to the powers of the city council. those powers granted by the Redevelopment Law and the Housing Authorities Law. Nothing in the Government Code requires the city council to maintain its functions as Housing Authority and Redevelopment Agency separate from its functions as the general legislative body. It is not required by law to convene separately or to keep separate minutes of its meetings when acting in its capacity as either of these agencies. However, when exercising the powers of either of these agencies, the city council must act strictly according to the procedures set forth in the Redevelopment Law and the Housing Authorities Law. In both categories, the application of these procedural requirements will depend upon whether the council is acting in its capacity as the agency or in its capacity as the legislative body of the city. Furthermore, 58