HomeMy WebLinkAboutRESO7542RESOLUTION NO. 7542
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ESTABLISHING PROCEDURES FOR CITY PAYMENT OF
CONFLICT OF INTEREST -RELATED REAL ESTATE APPRAISAL
COSTS
WHEREAS, pursuant to the Political Reform Act of 1974,
Government Code sections 81000, et_ sea., City Council members are
from time to time required to analyze whether their financial
interests may create a conflict of interest in a particular City
decision or action; and
WHEREAS, conflict of interest analyses sometimes require
completion of expert real estate appraisals which are beyond the
expertise of City staff; and
WHEREAS, the expense of conflict of interest -related real
estate appraisals should be borne by the City, rather than
individual Council Members, because conflicts of interest can
impair the integrity and legality of City decisions and because
participation in City decisions and actions to the greatest extent
allowable by law is necessary in order to allow Palo Alto residents
to evaluate the performance of their elected representatives; and
WHEREAS, the City Council has determined it is in the
public interest to establish procedures specifying the manner in
which City -paid conflict of interest -related real estate appraisals
may be obtained.
NOW, THEREFORE, the Council of the City of Palo Alto does
RESOLVE as follows:
SECTION 1. The City Council hereby adopts the following
policy authorizing City payments for City Council Member conflict
of interest -related real estate appraisals:
CITY PAYMENTS FOR CONFLICT OF INTEREST= RELATED REAL ESTATE
APPRAISALS
1. Applicability.
This policy authorizes the city attorney to obtain real
estate appraisals at the City's expense in the manner specified
herein when in the opinion of the city attorney such appraisals are
necessary in order to provide City Council Members with competent
and complete conflict of interest advice pursuant to the Political
Reform Act of 1974, Government Code sections 81000, et sea. or
other applicable provisions of federal, state or local law.
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2. Definitions.
A. "Real Estate Appraisal" shall mean a legal service
necessary for completion of conflict of interest
advice and shall consist of a qualified real estate
appraiser's professional evaluation, conducted in a
manner specified by the city attorney, of the
value, or impact upon the value, of real property
in which a City Council Member or entity which is a
source of income to a City Council Member has an
actual or legally imputed financial interest.
3. Requests for Real Estate Appraisals and Council Review
and ApLIroval of Requests.
A. Any- City Council Member may request the city
attorney to obtain a Real Estate Appraisal on behalf of the City
when, in the opinion of the city attorney, such appraisal is
necessary to provide the City Council Member with competent and
complete conflict of interest advice pursuant to the Political
Reform Act of 1974, Government Code sections 81000, et sea. or
other applicable provisions of federal, state or local law.
B. The city attorney shall notify the City Council of
the request in writing within ten (10) working days of the request.
The notice shall contain all -information pertinent to the request,
including the legal justification for the appraisal and its
estimated cost, if such an estimate is available.
C. At the first regular City Council meeting following
notice from the city attorney, a majority of the City. Council
present and voting may elect to agendize Council review of the
propriety of the request.. Council review shall then be agendized
for the next regular City Council meeting. Following Council
review,. the City Council may approve, reject, or conditionally
approve the requ?st.
D. If the City Council fails to agendize Council review
of the propriety of the request at the first regular City Council
meeting following notice from the city attorney, the request :hall
be deemed approved, and the city attorney shall prepare and execute
any documents and instructions needed to obtain the Real Estate
Appraisal pursuant to the contract authority granted by Palo Alto
Municipal Code section 2.30.070.
4. Appropriations.
The City Manager shall
recommended appropriation level
appraisals shall be authorized or
has duly appropriated sufficient
appraisals.
include in the proposed budget a
for Real Estate Appraisals. No
conducted unless the City Council
funds to cover the cost of such
SECTION 2. The Council hereby authorizes the city attorney to
obtain a real estate appraisal on behalf of the City in connection
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with Council Member Fazzino's pending Fair Political Practices
Commission advice request, should the city attorney deem such a
request necessary to complete the advice.
SECTION 3. The Council finds that this resolution does not
constitute a project subject to the California Environmental
Quality Act.
INTRODUCED AND PASSED: August 7, 1995
AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, SIMITIAN,
WHEELER
NOES:
ABSTENTIONS:
ABSENT:
ATTEST
-1
Ci
APPRO
C' y t" orney
APPROVED:
Ma
Manager
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