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Res 95-019RESOLUTION NO. 95-019 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING CITY COUNCIL POLICY CONCERNING CONTACTS WITH POTENTIAL PROJECT APPLICANTS WHEREAS, the Ralph M. Brown Act prohibits certain contacts regarding City business outside of a public meeting; and WHEREAS, constitutional due process prohibits Councilmembers from making commitments for or against a proposed project prior to a public meeting; and WHEREAS, constitutional due process requires that all Councilmembers and members of the public have the same information upon which to rely in the decision-making process; and WHEREAS, the City Council wishes to adopt a formal written policy concerning contact by City Councilmembers with potential project applicants prior to public meetings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY RESOLVES THAT THE FOLLOWING SHALL BE THE POLICY OF THE CITY COUNCIL: I. For purposes of this policy the following definitions shall apply: a. "Project applicant" means one who has submitted an application for a land use approval. b. "Potential project applicant" means one who has expressed an interest in submitting an application for a land use approval but has not done so at ~hc time of thc mcctin~ requested with a Councilmembcr. 2. A City Couneilmember may meet with a potential project proponent or applicant prior to a public meeting to listen to the applicant's proposal. 3. No City Councilmember shall make any commitment or promise of support or opposition to a potential project prior to the public meeting concerning the project. 4. No City Councilmember shall express to a project applicant an inclination to support or oppose a project if the project applicant has received the expression of such an inclination from two other Councilmembers. A potential project applicant shall be advised to use the pre. development conference procedure to receive input from more than two Councilmembers on a project. RESOLUTION NO. 95-019 Page Two 5. A City Councilmember shall disclose in the public meeting concerning the project any and all information received by the Councilmember outside of the public meeting on which the Councilmember intends to rely in making the decision on the project, unless that information has been disclosed in writing or orally by others during the public meeting. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California at a regular meeting thereof this 4th day of ^pt-i ] ,1995. AT'FF_.ST: CC fiSb ayor MARJ~K. WAHLSTEN, City Clerk Resolution No. 95- 019 Page Three STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 95-019 was duly adopted by the City Council at a meeting of said City Council hel~ the 4th day of April , 1995, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: EMERY CAFAGNA, CALLERY, REXFORD, HIGGINSON Marjor~'e ~. Wahlsten, City Clerk City oLPo~ay