05a Staff Report - Special Meeting MinutesDRAFT Council-Agency Meeting May 15, 2006
Item #
TOWN OF LOS GATOS, CALIFORNIA G.~
TOWN COUNCIL
April 19, 2006/SPECIAL MEETING MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME
ITEM
ACTION ON ITEM
TOWN COUNCIL
The Town Council of the Town of Los Gatos met
in the Council Chambers of the Town of Hall,
110 East Main Street, at 7:00 PM, April 19,
2006, in a Special Meeting.
7:00 PM
ROLL CALL
Present: Steve Glickman, Joe Pirzynski, Barbara
Spector, Mike Wasserman, and Mayor/Chairman
Diane McNutt.
Absent: None
7:01 PM
PLEDGE OF
The audience was invited to participate.
ALLEGIENCE
7:03 PM
OPEN VERBAL
Mr. Davis
COMMUNICATION
Commented regarding the action taken
during the April 17, 2006 Town Council
meeting relating to the auto dealership
item.
• Commented regarding the lack of
sidewalks on Blossom Hill Road
A
between Roberts Road and University
Avenue.
ll
7:06 PM
CLOSED VERBAL
COMMUNICATION
7:06 PM
COUNCIL MATTERS
COUNCIL MATTERS
Whether Council Member Steve Glickman has
violated one or more provisions of the Council
DISCUSSION OF
Code of Conduct Policy (Resolution 2004-59)
ALLEGED TOWN
COUNCIL CODE OF
CONDUCT VIOLATION
Mayor McNutt
BY MR. GLICKMAN
Requested Orry Korb, Town Attorney
give an overview of the proceedings.
Mr. Korb
• Described procedure for special
meeting.
Town Council Minutes
April 19, 2006
Los Gatos, California
DISCUSSION OF
Mr. Bourgeois
ALLEGED TOWN
At the invitation of the Mayor, described
COUNCIL CODE OF
a meeting on January 16, 2006,
CONDUCT VIOLATION
requested by Mr. Glickman at which
BY MR. GLICKMAN
time Mr. Glickman suggested that Mr.
Continued
Bourgeois speak at the January 17,
2006 Town Council hearing on
COUNCIL DISCUSSION
American Apparel land use issue,
saying that he regretted his vote against
American Apparel and now supports the
application.
Council questions Mr. Bourgeois.
Mr. Glickman
• Described his prior efforts to mentor Mr.
Bourgeois, who was interested in
running for Council.
• Stated that he met with Mr. Bourgeois
on January 16, 2006 for the purpose of
informing him that the Planning
Commission, in denying the American
Apparel application, left some youth with
the impression that the Commission had
not treated them properly.
• Stated that he had suggested that Mr.
Bourgeois speak at the Council
meeting to the effect that he had not
intended to insult the youth.
• Stated that he told Mr. Bourgeois that
he would continue to support him in any
event.
7:49 PM
DISCUSSION OF
Mr. Hartigan
ALLEGED TOWN
Commented on Mr. Glickman's
COUNCIL CONDUCT
honesty.
VIOLATION BY MR.
GLICKMAN
Mr. Davis
Continued
Commented on ethics and supported
Mr. Bourgeois' decision to come
OPEN PUBLIC
forward.
COMMENT
Mr. Gascoigne
• Commented that he likes Mr.
Glickman's style of working with the
community.
Mr. Kahler
• Commented on his respect for Mr.
Glickman.
Mr. Tsang
• Commented that Mr. Glickman taught
him about American politics.
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Town Council Minutes
April 19, 2006
Los Gatos, California
DISCUSSION OF
Ms. Mellema
ALLEGED TOWN
Commented that she feels that Mr.
COUNCIL CONDUCT
Glickman respects the youth and their
VIOLATION BY MR.
opinions.
GLICKMAN
Mr. Becker
PUBLIC COMMENT
Commented on his friendship with Mr.
Continued
Glickman.
Mrs. Becker
• Commented on her friendship with Mr.
Glickman.
Mr. Kent
• Commented that Mr. Bourgeois has
never had a political agenda and loves
to serve in his community.
Mr. Kane
• Commented that Mr. Bourgeois was a
mentor to him.
• Commented on his fair ethical practices.
Mr. Berwald
• Commented that he feels Mr. Glickman
is an honest man, and respects his
intelligence.
Mr. O'Donnell
• Would like to see the issue resolved
tonight and move on with business.
Mr. Jensen
• Commented that he respected Mr.
Bourgeois coming forward with the
alleged violation.
• Commended Council for having a public
hearing to discuss the issue.
Mrs. Talesfore
• Commented on supporting the public
hearing process.
• Commented that Mr. Bourgeois is an
honest and respectful man.
Ms. Ashton
• Commented on mentors and mentoring
and felt that the issue was a
misunderstanding.
Mrs. Quintana
• Commented on her respect for Mr..
Bourgeois.
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Town Council Minutes
April 19, 2006
Los Gatos, California
8:40 PM
CLOSED PUBLIC
COMMENT
DISCUSSION OF
Mr. Bourgeois
ALLEGED TOWN
Described his motivation in revealing the
COUNCIL CONDUCT
incident, specifically with regard to
VIOLATION BY MR.
ethics and his belief that Mr.
GLICKMAN
Glickman's actions toward him were
advocacy.
COUNCIL DISCUSSION
Continued
Mr. Malaspina, Attorney for Mr. Glickman
• Questioned the propriety and necessity
of this proceeding.
• Stated that the Code of Conduct
provides that the Mayor shall counsel
members of the Council regarding
violations.
• Described Mr. Glickman's actions on
January 16, 2006 as proper.
• Questioned Mr. Bourgeois' motives.
Mr. Korb
• Stated that a possible violation of the
Brown Act could result from the Mayor
counseling a third Council Member on
an issue already discussed with another
Council Member.
9:10 PM
MAYOR CALLED FOR
Meeting resumed at 9:17 PM.
A RECESS
9:17 PM
COUNCIL DISCUSSION
Mr. Korb
Continued
Read potentially relevant sections of the
Town Council Code of Conduct
(Resolution 2004-059) including
Sections VII, IX, and XI.
9:24 PM
COUNCIL DISCUSSION
Council Discussion
Continued
Mr. Glickman
• Clarification regarding the violations of
the Brown Act.
Mr. Korb
• Clarified due process and issues
regarding first amendment rights.
Mrs. McNutt
• Commented on the different duties and
obligations required of a Council
Member.
• Commented on ethical responsibilities
as a Council Member.
• Commented regarding different opinions
relating to advocacy.
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Town Council Minutes
April 19, 2006
Los Gatos, California
COUNCIL DISCUSSION
Mrs. Spector
Continued
• Commented on quasi-legislative duties
as a Council Member.
• Commented on quasi-judicial duties as a
Council Member.
• Commented that she felt bringing the
issue forward at a public meeting was
the right thing to do.
• Commented upon existence of
undisputed facts.
Mr. Pirzynski
• Commented on why the Council
restricted the issue to a public meeting.
• Commented on the role of a mentor, and
understanding a role as a mentor.
• Commented on ethics in local
government.
Motion by Mr. Wasserman to find that
Mr. Glickman's conduct in discussion with
Mr. Bourgeois on January 16, 2006 was
inappropriate and a violation of the Council Code
of Conduct.
Seconded by Mrs. Spector.
COUNCIL DISCUSSION
Mr. Glickman
Continued
• Asked for clarification regarding the
motion.
• Asked what sections of the Code of
Conduct that Council felt were in
violation.
Mr. Wasserman
• Clarified for the motion that Policy
Section VII was violated:
a. Judgement of decisions should be
reserved until all applicable
information has been presented.
• Clarified for the motion that Policy
Section XI was violated:
a. Council Members shall not reach
decision of any agenda item prior
to a scheduled public meeting.
• Clarified for the motion that Policy
Section IX was violated:
a. Council Members should not feel
they have the power or right to
influence a board, commission, or
committee member in any way.
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Town Council Minutes
April 19, 2006
Los Gatos, California
COUNCIL DISCUSSION
Mr. Glickman
Continued
Stated his view in opposition to the
motion.
10:14 PM
MAYOR CALLED THE
4/0 Mr. Glickman Abstained.
QUESTION
10:15 PM
COUNCIL DISCUSSION
Mrs. Spector
continued
• Would like Council to consider referring
the Code of Conduct Policy to the Policy
Committee for amendment, including the
development of standards for
disciplining members of Council.
Consensus to refer the Code of Conduct
Policy to the Policy Committee for
amendment, including the development of
standards for disciplining members of
Council.
10:19 PM
MEETING ADJOURNED
Submitted by:
ATTEST:
Jackie D. Rose, Deputy Clerk MarLyn Rasmussen, Clerk Administrator
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