REPORT TO COUNCIL
SUBJECT
Title
Action on a Council Written Request (Council Policy 030) Submitted by Councilmember Hardy to Place an Item on a Future Agenda to Discuss a Proposed Policy that would Prohibit the City from Entering Into Non-Disclosure Agreements with Stand Alone Data Centers
Report
BACKGROUND
Council Policy 030 (Adding an Item on the Agenda) sets forth the procedure for written petitions. A member of the Council may submit a written request for inclusion of an item on a future City Council agenda. Prior to submitting a Council Item Request form, the Member shall discuss the proposed request with the City Manager (and/or the City Attorney, as appropriate). If City staff’s response does not satisfy the Member’s request, the Member may submit the Council Item Request form for placement on a future City Council agenda. Once the City Clerk’s Office receives the Council Item Request form, it should immediately be forwarded to the City Manager for placement on an agenda, if possible, within two (2) Council meetings after original receipt of the original request by the City Clerk’s Office.
DISCUSSION
On September 18, 2026, Councilmember Hardy requested that an item be placed on a future meeting agenda to discuss a proposed policy that would prohibit the City from entering into non-disclosure agreements with standalone data centers which would include a private corporation, developer, business entity, partnership association, individual or representative acting on behalf of a non-governmental entity.
The proposed policy would also require every private developer submitting an application for land use or zoning, and every vendor or contractor bidding on a city procurement contract, to execute and submit a signed Transparency Compliance Affidavit. The proposed affidavit would certify that the Private Interest has not requested, demanded, or executed any Non-Disclosure Agreement or confidentiality restriction with any City official or staff member reg...
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