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02 Staff Report - Special Meeting MinutesDRAFT Council Agency Meeting May 1, 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, Jill 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 between Roberts Road and University Avenue. 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 February 21, 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 Public Comment ALLEGED TOWN • Mr. Hartigan COUNCIL CONDUCT Mr. Davis VIOLATION BY MR. • Mr. Gascoigne GLICKMAN • Mr. Kahler Continued • Mr. Tsang Ms. Mellema OPEN PUBLIC Mr. Becker COMMENT • Mrs. Becker • Mr. Kent • Mr. Kane • Mr. Berwald • Mr. O'Donnell • Mr. Jensen • Mrs. Talesfore • Ms. Ashton • Mrs. Quintana 8:40 PM CLOSED PUBLIC COMMENT N:\CLK\JACKIES MINUTES\Draft\MM04-19-06 SPECIAL MEETING.doc 2 of 5 Town Council Minutes February 21, 2006 Los Gatos, California COUNCIL DISCUSSION Mr. Bourgeois Continued Described his motivation in revealing the 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 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. N:\CLMJACKIES MINUTES\Draft\MM04-19-06 SPECIAL MEETING.doc 3of5 Town Council Minutes February 21, 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. 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. Mr. Glickman • Stated his view in opposition to the motion. N:\CLK\JACKIES MINUTES\Draft\MM04-19-06 SPECIAL MEETING.doc 4 of 5 Town Council Minutes February 21, 2006 Los Gatos, California 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 N:\CLK\JACKIES MINUTES\Draft\MM04-19-06 SPECIAL MEETING.doc 5of5