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