HomeMy WebLinkAbout2008/05/27 Item 6
CITY COUNCIL
AGENDA STATEMENT
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:$ .. ~ CITY OF
~ (HULA VISTA
ITEM TITLE:
MAY 27, 2008, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A COUNCIL POLICY OF
SELF-IMPOSED RESTRAINT BY THE IYIA YOR AND
COUNCILMEMBERS ON COMMUNICATIONS WITH
PRINCIPALS OR AGENTS OF SIGNIFICANT ~.
COMPLEX PROJECTS J!:7 f;r; L,
DAVID R. GARCIA, CITY MA1"lAGER . ~lJ'd-
4/STHS VOTE' YES [J NO 0
SUBMITTED BY:
SU~lVIARY
On occasion, the City is involved in sensitive discussions and negotiations on important
projects. The unauthorized release of sensitive, partial or incorrect infonnation may
jeopardize the outcome of those talks and negotiations. Adoption of the proposed policy
will provide the City Council with a protocol for self-imposed restraint regarding sensitive
discussions and negotiations with principals on significant and complex projects.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has detennined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c) (3) of the State Guidelines the activity
is not subject to CEQA Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The policy will provide the City Council with the option of imposing a restriction on
direct and indirect communications with the principals involved in a project under
negotiation with staff that will eventually be presented to the City Council for formal
adoption or approvaL In addition, Council may impose a method by which to handle
violations of this policy by Councilmembers. Once the City Council has voted to impose
the communications restriction and consequences of its violation, if a Councilmember
violates this restriction and communicates directly or indirectly with the principals or
agents of the project under negotiation, the Councilmember will be deemed to have
violated this policy and will be subject to the consequences of such violation by being
prevented from participating in any formal Council discussion or debate on the project,
and prevented from voting on any issues related to the project.
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MAY 27, 2008, Item~
Page 2 of2
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
There will be no impact to the City's General Fund as a result of this action.
ATTACHMENTS
Attachment I - Council Policy
Prepared by: Lori Anne Peoples, Senior Deputy City Clerk, City Manager's Office
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SELF-INlPOSEb RESTRAINT BY THE POLICY EFFECTIVE
MAYOR At'ID COUNCILMEJ\1BERS ON NUMBER DATE PAGE
COMMUNlCA nONS WITH PRINCIPALS
OR AGENTS OF SIGNlFICAt'fT Al'ID OS/27/2008 I of I
CO!vlPLEX PROJECTS
ADOPTED BY: Resolution No. 2008- I DATED: OS/27/2008
AMENDED BY: Resolution No. (date of resolution)
.
RArK(;ROTfNn.
On occasion, the City is involved in sensitive discussions and negotiations on important projects. The
unauthorized release of sensitive, partial or incorrect information may jeopardize the outcome of those
talks and negotiations.
PTfRPOSF:
The purpose of this policy is to establish a protocol for self-imposed restraint among the Mayor and
Councilmembers regarding sensitive discussions and negotiations with principals on significant and
complex proj ects.
POI.Trv:
The policy will provide the City Council with the option of imposing a restriction on direct and
indirect communications with the principals involved in a project under negotiation with staff that will
eventually be presented to the City Council for formal adoption or approval. Once the City Council
has voted to impose the communications restriction, if a Councilmember violates this restriction and
communicates directly or indirectly with the principals or agents of the project under negotiation, the
Councilmember will be prevented from participating in any formal Council discussion or debate on
the project, and prevented from voting on any issues related to the project. .
IMPI FMFNTTN(; PROrFnITRF:
The City Manager will request the Mayor and City Council consider a self-imposed restraint on
communications for projects deemed appropriate per this policy via placement on a Council Agenda
for discussion and appropriate action.
I
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING A COUNCIL POLICY
OF SELF-IMPOSED RESTRAINT BY THE MAYOR
AND COUNCILMEMBERS ON COMMUNICATIONS
WITH PRINCIPALS OR AGENTS OF SIGNIFICANT
AND COMPLEX PROJECTS
WHEREAS, on occasion, the City IS involved III sensitive discussions and
negotiations on important projects; and
WHEREAS, the unauthorized release of sensitive, partial or incorrect information
may jeopardize the outcome of those talks and negotiations; and
WHEREAS, one area of concern during these times is the need for consistent,
non-ambiguous communication between the project principals; and
WHEREAS, the City Council desires to institute a policy to establish a protocol
for self-imposed restraint on communications with principals of significant and complex
projects to assist in ensuring successful negotiations and project implementation; and
WHEREAS, the establishment of this policy provides the Council with the option
of imposing a restriction on direct or indirect communications with the principals
involved in a project under negotiation with staff that will eventually be presented to
them for formal adoption or action; and.
WHEREAS, once the Council has voted to impose the communications
restriction, if a Councilmember violates this restriction and communicates directly or
indirectly with the principals or agents of the project under negotiations, the
Councilmember will be prevented from participating in any formal Council discussion or
debate on the project, and prevented from voting on any issues related to the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt the proposed Council policy, as set forth in Exhibit 1
attached hereto and incorporated herein by reference.
Submitted by
Approved as to form by
a~
David R. Garcia
City Manager
Ann Moore
City Attorney
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SELF-lNfPOSED RESTRl\INT BY THE POLICY EFFECTIVE
MAYOR l\ND COUNCILMENIBERS ON NUMBER DATE PAGE
CONlNfUNICATIONS WITH PRINCIPALS
OR AGENTS OF SIGNIFICANT At"ID OS/27/2008 I of I
CONIPLEX PROJECTS
ADOPTED BY: Resolution No. 2008- I DATED: OS/27/2008
AMENDED BY: Resolution No. (date of resolution)
RArKr.ROTfND:
On occasion, the City is involved in sensitive discussions and negotiations on important projects. The
unauthorized release of sensitive, partial or incorrect information may jeopardize the outcome of those
talks and negotiations.
PORPOSF:
The purpose of this policy is to establish a protocol for self-imposed restraint among the Mayor and
Councilmembers regarding sensitive discussions and negotiations with principals on significant and
complex projects. I
por.rrv:
The policy will provide the City Council with the option of imposing a restriction on direct and
indirect communications with the principals involved in a project under negotiation with staffthat will
eventually be presented to the City Council for formal adoption or approval. Once the City Council
has voted to impose the communications restriction, if a Councilmember violates this restriction and
communicates directly or indirectly with the principals or agents of the project under negotiation, the
Councilmember will be prevented from participating in .any formal Council discussion or debate on
the project, and prevented from voting on any issues related to the project.
rMPT FMFNTTNr. PRorFDTTRF:
The City Manager will request the Mayor and City Council consider a self-imposed restraint on
communications for projects deemed appropriate per this policy via placement on a Council Agenda
for discussion and appropriate action.
Exhibit 1
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