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