M04-19-06 SPECIAL MEETINGDRAFT Council Agency Meeting May 15, 2006
Item #
TOWN OF LOS GATOS, CALIFORNIA
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
ALLEGIENCE
The audience was invited to participate.
7:03 PM OPEN VERBAL
COMMUNICATION
Mr. Davis
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 between
Roberts Road and University Avenue.
7:06 PM CLOSED VERBAL
COMMUNICATION
7:06 PM COUNCIL MATTERS
DISCUSSION OF
ALLEGED TOWN
COUNCIL CODE OF
CONDUCT VIOLATION
BY MR. GLICKMAN
COUNCIL MATTERS
Whether Council Member Steve Glickman has
violated one or more provisions of the Council
Code of Conduct Policy (Resolution 2004-59)
Mayor McNutt
Requested Orry Korb, Town Attorney
give an overview of the proceedings.
Mr. Korb
Described procedure for special meeting.
DISCUSSION OF
ALLEGED TOWN
COUNCIL CODE OF
Mr. Bourgeois
At the invitation of the Mayor, described a
meeting on January 16, 2006, requested
Town Council Minutes April 19, 2006
Los Gatos, California
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CONDUCT VIOLATION
BY MR. GLICKMAN
Continued
COUNCIL DISCUSSION
by Mr. Glickman at which time Mr.
Glickman suggested that Mr. Bourgeois
speak at the January 17, 2006 Town
Council hearing on 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
ALLEGED TOWN
COUNCIL CONDUCT
VIOLATION BY MR.
GLICKMAN
Continued
OPEN PUBLIC
COMMENT
DISCUSSION OF
ALLEGED TOWN
COUNCIL CONDUCT
Mr. Hartigan
Commented on Mr. Glickman’s honesty.
Mr. Davis
Commented on ethics and supported Mr.
Bourgeois’ decision to come forward.
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.
Ms. Mellema
Commented that she feels that Mr.
Glickman respects the youth and their
opinions.
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Los Gatos, California
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VIOLATION BY MR.
GLICKMAN
PUBLIC COMMENT
Continued
Mr. Becker
Commented on his friendship with Mr.
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.
8:40 PM CLOSED PUBLIC
COMMENT
DISCUSSION OF
ALLEGED TOWN
Mr. Bourgeois
Described his motivation in revealing the
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COUNCIL CONDUCT
VIOLATION BY MR.
GLICKMAN
COUNCIL DISCUSSION
Continued
incident, specifically with regard to ethics
and his belief that Mr. Glickman’s
actions toward him were advocacy.
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 A
RECESS
Meeting resumed at 9:17 PM.
9:17 PM COUNCIL DISCUSSION
Continued
Mr. Korb
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
Continued
COUNCIL DISCUSSION
Continued
Council Discussion
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.
Mrs. Spector
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
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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
Continued
COUNCIL DISCUSSION
Continued
Mr. Glickman
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.
Mr. Glickman
Stated his view in opposition to the
motion.
10:14 PM MAYOR CALLED THE
QUESTION
4/0 Mr. Glickman Abstained.
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Los Gatos, California
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10:15 PM COUNCIL DISCUSSION
continued
Mrs. Spector
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