HomeMy WebLinkAboutCity Council Resolution 92-041
RESOLUTION NO. 92- 041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING A POLICY RELATING TO THE RETENTION AND
PAYMENTS OF CONSULTANTS
WHEREAS, it is the intent of the City to comply with the
regulations of the State of California's Fair Political Practices
commission and the Fair Political Practices Act; and
WHEREAS, Section 8710.6 Government Code and 2 California Code of
Regulations section 18704.6 appear to conflict regarding
applicants making paYment to the City to defray the estimated
reasonable costs of processing any planning application, and
whether such payment is contrary to the above-named statute and
regulation; and
WHEREAS, to provide guidance to the City staff where there is a
clear conflict as to how consultants are to be hired and paid, it
is appropriate for the City Council to establish a policy which
sets out criteria for staff to follow.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. In hiring staff and consultant to review and process
land use/development approvals, the city shall have the
sole discretion to determine who to hire, to direct the
work and to fix the amount of compensation.
2. All payments to City employees and consultants shall be
from accounts under the direct control of the City and
is to be the only source of payment to the staff or
consultant with respect to any application.
3. All agreements with consultants shall be separate from
any agreement with an applicant and shall specify that
payment for work shall not depend on approval of the
application.
4. Payments made by applicants to the aforementioned city
accounts shall not be dependent upon hiring any
specific consultant, nor on approval of any project.
BE IT FURTHER RESOLVED:
The city Attorney, in concert with the City Manager, shall
insure that all future contracts with consultants contain
language which implements this policy. The City Attorney shall,
in addition, review all existing consultant contracts which are
June 8, 1992
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not project specific but which include work which involves review
of applications for land use/development approval and provide
appropriate amending language to implement the policy set forth
in this resolution.
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Passed and adopted at a regular meeting of the City council
of the City of Saratoga held on the /7 +L. day of .:TOME' ,
1992, by the following vote:
AYES: Councilmembers Cl evenger, Stutzman and Mayor Kohl er
NOES: None
ABSENT: COlJ.lïlcilmcmbers Anderson and Mania
ABSTAIN: None
~/c-/M
Mayor
ATTEST:
&-Ci~' ~
JlI1e 8, 1992
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