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M11-10-07 Special Meeting initiative1 MINUTES OF THE TOWN COUNCIL SPECIAL MEETING NOVEMBER 10, 2007 The Town Council of the Town of Los Gatos conducted a Special Meeting on Saturday, November 10, 2007 at 4:00 P.M. TOWN COUNCIL 1. MEETING CALLED TO ORDER Mayor Joe Pirzynski called the meeting to order at 4:00 p.m. 2. ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Barbara Spector, Council Member Steve Glickman, and Council Member Diane McNutt. Absent: Council Member Mike Wasserman 4. VERBAL COMMUNICATIONS (three minute maximum on items not on the agenda) Mr. Davis  Commented about the Veteran’s get-together at Fisher Middle School.  Commented that he feels he was threatened by Mr. O’Donnell at the Planning Commission retreat on November 7, 2007. Mr. Korb  Clarified that Mr. Davis spoke during Verbal at the Planning Commission Retreat and used words that were provoking to Mr. O’Donnell. Mr. Davis urged Mr. O’Donnell to hit him and was goading him, all of which was disruptive of the meeting. Closed Verbal Communication 2 5. RESCIND RESOLUTION 2007-115 AND ADOPT A RESOLUTION CALLING AN ELECTION ON QUESTION WHETHER TOWN MUST CONSTRUCT AND OPERATE SKATE PARK ON MILES AVENUE. RESOLUTION 2007-118 Vice Mayor Barbara Spector Recused herself due to conflict of interest relating to the location of her residence. Staff report made by Orry Korb, Town Attorney. Council Comments  Questioned if the Town is in agreement regarding the Registrar of Voters requirements. Mr. Korb  Commented that he did not want to affect the proposed language of the submitted measure but had to do so to shorten the 96 word measure to the required 75 words required by the California Elections Code. Public Comments Mr. Leonardis  Commented that he supports the skate park initiative.  Thanked Council for passing the resolution at the meeting of November 5, 2007.  Commented that he feels that the petition signers were not misled by the petition language.  Commented that the skate park should be viewed as another public park for the youth in Town. Mr. Knopf  Commented that Los Gatos Little League has paid for all upkeep at Balzer Field and that they rent Balzer Field from the Town. Mr. Davis  Commented about Exhibit B in the resolution and that he feels that the Town appropriated funds should be included in the statement. Mr. DiNapoli  Commented that he feels that the process has had many flaws.  Commented that he feels that the initiative is un-constitutional.  Commented that he feels that the process has gone beyond the 88 days as stated in California Elections Code. Closed Public Comment 3 Mr. Korb  Clarified the contents of Exhibit B as the full text of the proposed measure.  Clarified that the California Elections Code allows for an amendment of the resolution.  Commented regarding Council Member Wasserman’s willingness to participate in the special meeting from out of town location. Council Member Diane McNutt  Requested clarification on what will appear on the ballot. Mr. Korb Clarified that the arguments for and against, the impartial analysis, and Exhibit A and Exhibit B would be part of the voter materials. MOTION: Motion by Council Member Diane McNutt to amend Resolution 2007-115 calling an election on question whether Town must construct and operate a skate park located on Miles Avenue. Seconded by Council Member Steve Glickman. Council Member Steve Glickman  Requested to forward impartial analysis for review by Council.  Requested clarification about the executive team assignments regarding skate park ballot arguments. Mayor Joe Pirzynski  Commented that the impartial analysis is done by the Town Attorney. Mr. Korb  Clarified the duties of the Clerk Administrator as the elections official and the Attorney’s role in accepting an argument for or against. VOTE: Motion passed unanimously. ADJOURNMENT Meeting adjourned at 4:40 p.m. Attest: Jackie D. Rose, Clerk Administrator