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Res 99-080 RESOLUTION NO. 99- 080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING APPRAISALS OF INTERESTS OF PUBLIC OFFICIALS AT CITY EXPENSE WHEREAS, under the Political Reform Act, a public official must disqualify when a government decision will have a material financial effect on an economic interest of the official; and WHEREAS, by way of example, when the real property interest of the public official is located between 300 feet and 2,500 feet of the subject property, the official is disqualified if the decision would cause a change in the fair market value of the real property in which the official has an interest of $10,000 or more, or the decision would affect the rental value of the official's property by $1,000 or more in any 12 month period; and WHEREAS, under certain circumstances, it may be necessary to obtain the services of an appraiser, economist, or other professional to evaluate the likely impact of a decision upon the economic interest of a public official; and WHEREAS, the City has a legitimate interest in protecting the validity of its decision from illegal participation by a disqualified public official. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY RESOLVE AS FOLLOWS: 1. That the above recitals are true and correct. = If any public official of the City of Poway has reason to believe that he or she may have a potential conflict of interest with regard to a City decision, he or she may provide the full facts of the matter to the City Attorney and request City Attorney assistance thereon. No confidential attorney/client relationship shall be created with the public official by the provision of such assistance as the attorney for the City. In order to assist public officials in carrying out their public responsibilities under the Political Reform Act of 1974, and to protect the validity of the City decisions, the City, at its cost, may retain the services of an appraiser, economist, or similar professional whenever the public official requests such services and the City Attorney determines that such services could assist in the determination of whether the public official may participate in the decision. Resolution No. 99- 080 Page 2 Nothing in this resolution shall be construed to prohibit any official from obtaining advice regarding a conflict of interest directly from the Fair Political Practices Commission, his or her own attorney, or any other person. ATTEST: Lori]Anne PeOples, City Clerk r PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 5th day of October, 1999. Mich~ ~ STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution Number 99- 080, was duly adopted by the City Council at a meeting of said City Council held on the 5th day of October, 1999, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: GOLDBY Lori A~ne Peoples, City clerk- I City of Poway