HomeMy WebLinkAbout6144_CCv0001.pdf RESOLUTION NO. 6144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
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. sem., Redlands' City Councilmembers 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 Councilmembers, 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 Redlands` residents to evaluate the
performance of their elected representatives; and
WHEREAS, this 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 City Council of the City of Redlands does ordain as follows:
Section 1. The City Council hereby adopts the following policy authorizing City payments
for City Councilmember conflict of interest-related real estate appraisals:
CITY PAYMENTS FOR CONFLICT OF INTEREST-RELATED
REAL ESTATE APPRAISALS
1. Anlicability. 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 Councilmembers with competent and complete
conflict of interest advice pursuant to the Political Reform Act of 1974, Government Code sections
S 1000, et. M. or other applicable provisions of federal, state or local law.
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2. Definitions..
"Real Estate Appraisal" means 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 Councilmember or entity which is a source of income to a City
Councilmember has an actual or legally imputed financial interest.
3. Requests for Real Estate Appraisals and City Council Review and Approval of
Requests.
A. Any City Councilmember 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 Councilmember with competent and complete conflict of interest
advice pursuant to the Political Reform Act of 1974 or other applicable provisions of federal, state
or local law.
B. The City Attorney shall notify the City Council of an individual
Councilmembers'request in writing within ten(10)working days of date 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 City Council
review of the propriety of the request. The City 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 request.
D. If the City Council fails to agendize City Council review of the propriety of
the request at the first regular City Council meeting following notice from the City Attorney, the
request shall 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 Redlands Municipal Code section 2.15.020.
4. Appropriations. The City Manager shall include in the City Council's proposed
budget, on an annual basis, a recommended appropriation level for Real Estate Appraisals. No
appraisals shall be authorized or conducted unless the City Council has duly appropriated sufficient.
funds to cover the cost of such appraisals.
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ADOPTED, SIGNED AND APPROVED this Ist April, 2003,
CITY OF REDLANDS, CALIFORNIA
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ATTEST: Karl N. Haws, Mayor
Lorj e Poyzer, F1 `leek
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a regular meeting thereof held on the
1 st day of April, 2003, by the following vote:
AYES: Councilmembers Peppler, Gilbreath, George; Mayor Haws
NOES: None
ABSENT: Councilmember Harrison
ABSTAIN: None
W
Lorne P yzer, City 1
City of Redlands