M 11-16-19818 3
November 16, 198 1
Los Gatos, Californi a
MINUTES Mrs . Rasmussen moved minutes of October 26, 1981 be approved a s
(CONTINUED)corrected (this to include corrections made by Mr . Ferrito at
the meeting of November 2, 1981).Mrs .Cannon seconded .
Unanimously carried .
Mrs . Rasmussen requested correction of the November 2, 198 1
minutes as follows :
Page 5 - HANDICAPPED ACCESS REPORT . The fourth sentence fro m
bottom of paragraph to read, ". , a committee of Council ,
Manager and a representative of the Los Gatos handicapped t o
review the Town Center Handicapped access and other concern s
re Handicapped ." Mrs . Rasmussen moved minutes be approved a s
corrected . Mrs . Cannon seconded . Carried by a vote of fou r
ayes Mr . Ventura abstained due to absence at said meeting .
COMMUNICATIONS 1 Letter from Boy Scout Troop 562 requesting permission t o
operate two booths to sell hotdogs and scones durin g
the Christmas Parade on December 5,1981, at the Town Plaz a
and Civic Center in front of the Library . Mrs . Rasmusse n
moved request be granted . Mrs . Cannon seconded . Unanimously carrie s
2.Petition from the Bonnie Lane Residents requesting initiatio n
of a process leading to the formation of an assessmen t
district for improvement of the Bonnie Lane roadway .
Presented by Susan L . Kishler and Karen Ettinger . Mr .
Ventura moved to refer this request to . staff and direc t
staff to submit report to Council at the January 4, 198 2
meeting .
3.Letter from Chamber of Commerce and Lions Club requestin g
various street closings for purpose of Christmas Parad e
to beheld on December 5, 1981 .Also posting of No Parkin g
signs on various streets . Mrs . Rasmussen moved to accep t
staff recommendation and approve request subject to (1 )
specific approval of all closing times by the Los Gato s
Police Department and, (2) specific approval of the non -
profit groups which will be selling merchandise in th e
Town Plaza by the Town Manager . Clerk to inform individua l
vendors upon their purchasing a permit to sell at th e
parade that they should have their licenses displayed a t
all times . Mrs . Cannon seconded . Unanimously carried .
WRITTEN 1 . Letter from Los Gatos-Saratoga Board of Realtors voicin g
COMMUNICATIONS their concerns regarding the schedule for adoption of th e
(for referral Downtown Specific Plan and General Plan . Carol Connor s
and/or file)and George Tobin,from audience, spoke on their concern s
regarding the issue . Discussion was held as to th e
schedule of hearings and notices that have been given .
2.Letter from Los Gatos Chamber of Commerce asking Counci l
to reconsider the time frame for conduct of hearings on th e
Downtown Study . The Town Manager stated Newsletters hav e
been sent out to residents and the schedule of hearings ar e
noted . After further discussion, Mr . Ventura moved the
above letters be referred to the Planning Commission an d
stated Council's concerns regarding maximized public inpu t
about the process and wherever possible not regulate tim e
limit . Mrs . Cannon seconded'. Unanimously carried .
3.Letter from O .L . Johns regarding blocking of entrance o f
his property at 151 N . Santa Cruz Avenue by bus patrons .
Note and file .
4.Letter from GASP asking Council to refuse' Merit cigarette s
permission to exploit our citizens by advertising on
television and radio .
5.Mailgram from American Lung Assn . urging Council to refus e
Merrit Cigarette permission to exploit citizens b y
advertising on television and radio . It was consensus o f
Council to hold these requests until such time the y
received a request from the cigarette company .
6.Revenue and Expenditure reports for the month of October, 198 1
from the Office of Town Clerk .
- 2 -
November 16, 198 1
Los Gatos, Californi a
WRITTEN 7 . Treasurers report for the month of October, 1981 .
COMMUNICATION S
(CONTINUED )
APPEAL - 43 Mayor Siemens stated this was the time and place duly publishe d
BAYVIEW AVENUE for public hearing on the appeal of Planning Commission's
approval of Architecture and Site Application S-51-55 requestin g
approval to construct an accessory structure at 43 Bayview
Avenue . Mr . E . Chapson, spoke against the approval of th e
construction of the accessory building . Mr . Cifelli, one of th e
owners of the property, spoke on his points of concern and wa s
willing to put restrictions in the deed (and haverecorded )
stating the property would never be used as a rental . He als o
stated there is no plumbing to the building and would be non e
if that is what Council wants . After further discussion an d
no one else wishing to speak on this issue, Mrs . Rasmussen moved
public hearing be closed . Mr . Ventura seconded . Unanimously
carried .Mrs .Rasmussen stated she could not find wher e
Planning erred in their decision and moved appeal be denied .
Direct staff to pursue getting necessary deed restrictions a s
volunteered by the owners, stating "no there will be no plumbin g
installed to building and would never be used as a rental".
Mrs . Cannon seconded . Mr . Ventura asked to amend motion an d
request verification from staff that,in fact, there is n o
sewer connection or plumbing of any kind to structure . The
amendment was accepted and motion carried by a vote of fou r
ayes . Mr . Ferrito abstained .
KAVIN LANE Mayor Siemens stated this was the time and place duly publishe d
PLAN LINE for public hearing for Plan Line Application PL-76-1A .
AMENDMENT Consideration of a change to the adopted Plan Line for th e
extension of Kavin Lane from its existing westerly terminus t o
Daves Avenue . Lee Bowman, Planning Director, spoke_on th e
Planning Commission's recommendation . John Ottoboni ., residen tinthe area, stated he was representing all but one residen t
from Kavin Lane .:, He would like to clear the record .of the
October 14, 1981, Planning Commission hearing, stating he i s
not against the street going through but in favor . Mr .
Ottoboni also spoke on the lack of copy (in Council packets )
of a report from Fire Inspector T .,Gaub and the petition (showin g
preference of Alternate 1) regarding survey of Kavin Lan e
residents . He presented the Clerk with copies of the reports .
Mr . Don Wimberly, representing Monte Sereno, spoke of thei r
concerns on density . Mr . Frank Lewis, representing Mr . Hulme ,
questioned the length of cul-de-sac and stated they woul d
agree with alternate #1, as shown on the visual slide b y
Director of Public Works . (This shows a cul-de-sac on Oa k
Knoll Drive with emergency access through to Kavin Lane wit h
gate or other chain closure .)John staal spoke agains t
making Kavin Lane a through street, as there are no sidewalk s
and feels this would be dangerous . After further discussion ,
Mr . Ferrito moved Council direct staff to prepare an ordinanc e
in conformance with Alternate #1, on transparency, as shown
by the Director of Public Works .. Residents in the area an d
the developer support Alternate #1 . Mr . Ferrito feels the Tow n
can deal adequately with use of density when this matter come s
before the Planning Commission . Mr . Ventura seconded and aske d
that motion include making Negative Declaration . Mr . Ferrito
agreed . Motion carried unanimously . After some discussion ,
Mr . Ferrito added to his motion the following : "Council require s
legal access for use by pedestrian and bicyclists ." Council
accepted addition to motion .
-3
8 5
November 16, 198 1
Los Gatos,Californi a
HCDA 8TH YEAR Mayor Siemens stated this was the time and place duly noted fo r
BLOCK GRANT public hearing on the HCDA 8th Year Community Development Bloc k
PROGRAM Grant Program . Jill Cody,Director of Community Programs, spok e
on five project proposals .Also speaking on this program wa s
Linda Smith, representative of Community Developers . The
proposals for submission to the County are as follows :
1 .Los Gatos Community Housing Projec t
Funds requested Town $ 60,000 Competitive $470,00 0
2 .Los Gatos Housing Conservation. Program
Funds requested Town 90,000 Competitive 50,00 0
3 Senior Adult Day Care Cente r
Funds requested Town 30,000 Competitive -0 -
4 .Curb Ramps for Handicapped Acces s
Funds.requested Town -0-Competitive 82,89 6
5 .Town of Los Gatos Needs Assessmen t
Funds requested flown 5,000 Competitive -0 -
Total $185,000 $602,896
Mayor questioned need for child day care centers . Jill Cod y
stated the Community Services and Development Commission ha s
discussed such a project and have no proposals for this yea r
but, will possibly have something for next year . After furthe r
discussion, Mr . Ferrito moved hearing be closed . Mrs . Rasmusse n
seconded . Unanimously carried Mrs . Rasmussen questioned th e
Town of Los Gatos Needs Assessment, under Project Objective, why
is the Town locked in at this time to contract with Informatio n
and Referral and is that necessary or can that be left out ?.
A decision is to be made on this at a later date . Jill Cod y
stated it can be left out . After further discussion, Mr . Ferrit o
moved hearing be closed . Mrs . Rasmussen seconded . Unanimousl y
carried . Mr . Ferrito moved recommended action with th e
ommission of contract with Information and Referral on the Tow n
of Los Gatos Needs Assessment Project proposal form . Mr . Ventur a
seconded .Item 1,2,4 and 5 carried unanimously . Mrs . Rasmusse n
abstained from voting on item 3 (she is a board member of th e
Senior Coordinating Council).
LOS GATOS Mayor Siemens stated this was the time and place duly publishe d
MEDICAL PARK for public hearing on the proposed vacation of Storm Drai n
STORM DRAIN Easement on Pollard Road and Knowles Drive by Los Gatos Medica l
EASEMENT Park . The Director of Public Works stated a replacemen t
VACATION easement is to be provided but he does not have it at this time .
Mr . Van Houten suggested holding the hearing and continu e
adoption of the Resolution of Vacation until the exchange easemen t
is provided . There being no one wishing to speak on this issue ,
Mrs . Rasmussen moved hearing be closed . Mr . Ventura seconded .
Unanimously carried . Mrs . Rasmussen moved to continue th e
adoption of Resolution of Vacation until a later date . Mrs .
Cannon seconded . Unanimously carried .
RECESS Mayor declared a recess . Meeting reconvened at 10 :00 p .m .
ZONING Mr . Hays, Town Attorney, stated when the zoning amendment,tha t
AMENDMENT -would have legalized Mr . Zappacosta's use,was presented t o
MASSAGE Council, Mr . Zappacosta was not notified and recommends this b e
re-noticed and re-heard . Mr . Zappacosta explained the operation
of his business to Council . Also speaking on behalf of Mr .
Zappacosta was Judy Dean who spoke on the requirements o f
holistic health practioners and gave definition of same . Mr .
Zappacosta read a letter from Diane Jensen, RN, stating suc h
service is needed in the community and urged Council to allo w
services to be provided . After further discussion, Mr . Ferrito
moved this issue be referred to the Planning Commission an d
instruct them to explore stricter standards on definition o f
-4 -
f
November 16, 198 1
Los Gatos, Californi a
ZONING holistic healing and licensing . (This to be low priority a s
AMENDMENT the granted use permit to Mr . Zappacosta as a health club i s
MASSAGE valid). Mr . Ventura seconded .. Unanimously carried .
(CONTINUED )
LEGAL ADVOCACY Mrs . Rasmussen moved to accept Town Attorney's report an d
join as amicus in the Carmen case but, not in the Lyons an d
Davidson cases . Also have the Attorney submit all requests ,
such as these, to Council giving a summary as to hi s
reconuuendations . Mr . Ferrito seconded . Unanimously carried .
CLAIM FOR Mrs . Rasmussen moved claim filed on behalf of Hideo Matsumura ,
DAMAGES Paul Michael Fong and William and Zanne Mitchell be denied .
MATSUMURA, FONG Mr . Ventura seconded . Unanimously carried .
& MITCHELL
APPEAL - ZONING Mr . Ferrito moved to accept the Town Attorney's report an d
ORDINANCE instruct the Attorney to prepare necessary ordinance amendin g
Section 5 .30 .050 as stated in said report and present to Counci l
at their next meeting . Mr . Ventura seconded . Carried by a vot e
of four ayes . Mrs . Cannon voting no .
The Town Attorney referred to his report in answer to lette r
of concerns by Mr . Lewis on handicapped access problems in th e
Town . Mr . Lewis spoke on various deviations or exceptions .
After further discussion, Mr . Ferrito stated this is a n
environmental issue and suggested staff develop a handicappe d
assessment list to enable DRC to be aware of issues,. Mayo r
Siemens suggested the adoption of a resolution that3would hav e
policy statements included, such as : 1) Generally requir e
hearings on ASA specifications ; 2) staff to develop :chec k
list for DRC review ; 3) have line item that addresses handi -
capped access and, 4) during DRC review provide for F'ption s
only by specific notations as part of the recommendations t o
the Planning Commission . Mr . Lewis stated plans presented a t
the DRC do not show detailed measurements, what happens when i t
reaches plan checking process? It was stated that Council want s
strict adherence to those specifications and wants no exception s
and that type of direction as policy of the Town would hav e
influence as what is being sought in plan check process .
After further discussion, Council accepted said report and th e
Mayor appointed Mrs . Rasmussen and Mr . Ventura as sub-committe e
to work with the Manager and a representative of the handicapped .
A report is to be presented to Council at the meeting o f
December 7, 1981, with a suggested resolution and policy statement .
Mr . Ferrito moved for adoption of Resolution No . 1981-23 4
entitled, A RESOLUTION DENYING AN APPEAL FROM A DECISION OF TH E
TOWN PLANNING COMMISSION . Mrs . Rasmussen seconded . Motion
carried by vote of four ayes . Mr . Ventura abstained .
The Town Manager stated after negotiations between staff and th e
Docents, it appears equitable ta appropriate $500 .00 to the
Docents for rental purposes . Nancy Hobbs, President of the Ar t
Docents, made presentation as to what programs the organizatio n
provides for the community and spoke on the needs for funds .
After further discussion, Mrs . Rasmussen moved to grant $750 .0 0
to the organization to carry them through until budget time .
Mrs .Cannon seconded . There was no vote on motion . Mrs .
Rasmussen restated motion to grant $1,400 .00 to be used for
rent and insurance and authorize the Manager to negotiate contract .
,Mrs . Cannon seconded . Mr . Ventura moved to amend motion t o
grant $4,000 . to be used for rent, insurance and operatin g
expenses but, not be used for wages . Mr . Siemens seconded .
HANDICAPPE D
ACCES S
APPEAL -
FOCUSED EI R
REQUIREMEN T
PULT,F;Y
ART DOCENTS
REQUEST FO R
FUNDS
8 7
November 16, 198 1
Los Gatos, Californi a
ART DOCENTS
REQUEST FOR
FUNDS
(CONTINUED )
CERTIFICAT E
OF ACCEPTANC E
& NOTICE O F
COMPLETIO N
PROPOSE D
ANNEXATION
TOURNEY ROA D
SAN . JOSE
REFERRAL S
ICMA DEFERRE D
COMPENSATIO N
HEARIN G
SCHEDULE S
ADMINISTRATIVE
AIDE
REFUND .
AUTHORIZATION
H . NELSON
CORCORAN
REVOCABLE
PERMIT O N
. BUENA VIST A
GREEN VALLE Y
DISPOSAL
COMPLAIN T
STREET .
IMPROVEMEN T
14$50 LOS GATO S
BOULEVARD
Motion failed, Mrs ..Cannon and Mrs . Rasmussen voted'no and Mr .
Ferrito abstained : Mrs . Rasmussen restated her motion t o
grant $1,400 .00 . Mrs . Cannon seconded . Carried by a vote o f
three ayes . Mr . Ventura voting no and Mr . Ferrito abstained
(he is a member of the Board of Directors of the Art Docents).
Mrs . Cannon moved Council approve the Certificate of Acceptanc e
and Notice of Completion for Tract 6282 on National Avenue .
Mrs .Rasmussen seconded . Unanimously carried .
Mrs . Cannon moved Council accept staff report regarding the .
filing of a proposed annexation known as Tourney Road No . 2 .
Mrs . Rasmussen seconded . Unanimously carried .
Mrs . Cannon moved Council accept staff recommendation on th e
following :
Tentative map T 81-1-6 Terminus of Harwood Roa d
recommend that the Town express its opposition to th e
San Jose City Council in the strongest possible terms ,
to the apparent intent of the City to proceed with thi s
project without addressing the area problems .
Mrs .Rasmussen seconded . Unanimously carried .
Mrs . Cannon moved for adoption of Resolution No .1981-23 5
entitled, A RESOLUTION AMENDING TOWN COUNCIL RESOLUTION NO .
1981-11 CONCERNING THE ICMA DEFERRED COMPENSATION PLAN AN D
PROVIDING FOR ADDITIONAL PARTICIPATION BY THE ASSISTANT TOW N
MANAGER . Mrs . Rasmussen seconded . Unanimously carried .
Information for Council stating schedule of coming publi c
hearings .
Mrs . Cannon moved for adoption of Resolution No .1981-23 6
entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LO S
GATOS APPROVING THE JOB CLASSIFICATION AND DESCRIPTION FO R
THE POSITION OF ADMINISTRATIVE AIDE . Mrs . Rasmussen seconded .
Unanimously carried .
Mrs .Cannon moved to accept staff recommendation and authoriz e
the refund 80% of building permit fees, 100% of constructio n
tax and 100% of storm drain fees for atotal of $3,607 .40 .
Mrs . Rasmussen seconded . Unanimously carried .
Mrs . Cannon moved to accept staff recommendation and Counci l
authorize the Director of Public Works to issue and record a
revocable permit to Joseph and Mary Rose Corcoran fo r
exclusive use of a portion of the public right-of-way at Buen a
Vista Avenue and Winchester Boulevard .Mrs .Rasmussen seconded .
Unanimously carried .
It was consensus of Council to direct staff to advise th e
Rinconada Hills Association that Green Valley has adjusted thei r
route schedule for Clean Sweep- Operations, so that operation s
within Rinconada Hills will not begin before 6 :00 a .m .
Council accept report and staff be instructed to continu e
negotiations with Mr . & Mrs . Caucutt for completion of the wor k
and to return the matter to Council for appropriate action, i f
results are not forthcoming within 90 days .
November 16,198 1
Los Gatos, Californi a
SENIOR CITIZEN The Town Manager spoke on the requests for Proposal for th e
HOUSING Development of Low and Moderate Income Senior Citizen Housin g
and in said draft, staff is recommending deletion of Section I ISite. Deleting Parr Avenue (due to litigation) and als o
deleting the Knowles Drive site . Discussion was held as t o
number of members on review committee and date of submissio n
of proposals . Council decided to give more time to submi t
proposals and set date for late February,1982 and other date s
will be rescheduled to coincide with that date . Mr . Ventur a
suggested (under Section II - SITE) to have the first paragrap h
read "The developer may consider and propose any site in Town ;
any site that is proposed must be close to shopping and othe r
amenities necessary for seniors . The processing of al l
necessary applications through the Town will be undertaken b y
the developer ." After further discussion, Mr . Ventura move d
Council approve the request for proposal as amended, subjec t
to approval by the Town Attorney . Mrs . Rasmussen seconded .
Unanimously carried .
SUPPLEMENTAL Mrs . Rasmussen moved Council accept staff recommendation an d
APPROPRIATION appropriate $500 .00 each to the Town Treasurer's, Town Clerk's ,
and Town Manager's Office budgets from unappropriated Genera l
Fund to cover expenses of attending the League of Californi a
Cities Financial Management Seminar . Mr . Ventura seconded .
Unanimously carried .
CONTINUATION Mr . Ventura stated it is midnight and moved meeting be continue d
OF MEETING to allow for the completion of the agenda . Mr . Ferrito seconded .
Unanimously carried .
DATA PROCESSING Mr . Ventura moved for adoption of Resolution No . 1981.23 7ACQUISITIONentitled, A RESOLUTION AUTHORIZING TOWN MANAGER TO NEGOTIATE AN D
EXECUTE AGREEMENT WITH WANG LABORATORIES, INC . AND -DAT TES T
CORPORATION, authorize the Manager to negotiate and ..et:,r ute a
purchase or lease/purchase agreement with Wang Laboratories, Inc .
and Data-West Corporation for data processing hard-wars an d
applications software . Mr . Ferrito seconded . Unanimousl y
carried .
JOINT POWERS Mr . Ventura moved for adoption of Resolution No .1981-23 8AGREEMENT FOR entitled, A RESOLUTION OF TOWN COUNCIL OF THE TOWN OF LOS GATO SURBAN COUNTY AUTHORIZING EXECUTION OF AN AGREEMENT, approving the fisca l
CDBG PROGRAM years 1982-85 CDBG Joint Powers Agreement . Mrs . Cannon
seconded . Unanimously carried .
GUADALUPE Mayor Siemens suggested that Council take a position on th eCORRIDORGuadalupe Corridor by supporting Alternative #6, which i s
consistent with what other cities and groups in the County ar e
recommending . Mrs . Rasmussen moved Council take the positio n
to support Alternative No . 6 (Expressway/Light Rail with bicycl e
lanes) as proposed by Committee . Mrs . Cannon seconded .
Unanimously carried . Mayor to send letter to County Board o f
Supervisors advising them of Council's position .
OAK MEADOW Mrs . Cannon moved Council have the Park Commission's request fo r
PARK VARIANCE a variance be referred to the Development Review Committee an d
Planning Commission for review . Mr . Ventura seconded . Unanimousl ;Carried . Mr . Ferrito stated he would prefer to see a varianc e
granted rather than moving bocci ball courts .
MITCHELL -It was consensus of Council to accept staff report . No actio nBULOT ASSOCIATION taken .
PROPOSAL
7
POLICE DEPT .
COMMUNIT Y
SURVE Y
OTHER BUSINES S
RECRUITMENT O F
COMMUNIT Y
DEVELOPMEN T
DIRECTO R
ABSENCE O F
-PLANNIN G
COMMISSIONE R
CONVENIENC E
STORE S
ADJOURNMENT
8
November 16, 198 1
Los Gatos, Californi a
Discussion was held on the Resident Opinion Survey . Mr . Ferrit o
moved Council direct staff to consult with a professional surve y
poll taker and staff report back to Council at a later date .
Mrs . Cannon seconded . Unanimously carried .
Mr . Ferrito moved Council direct staff to prepare a resolutio n
lifting the ban on Sunday parking on N . Santa Cruz Avenue .
This is to be done immediately and staff to report back t o
Council after the first of January,1982 .Mrs . Cannon seconded .
Unanimously carried .
Mrs . Rasmussen requested staff to set a public hearing concernin g
Teleprompter service and franchise agreement . It was consensu s
of Council to set hearing for January 18, 1982 .
Mr . Ventura metioned the stop sign missing at Kennedy Road an d
Longmeadow Drive . Staff to check .
Verbatim transcript of this item attached and incorporated b y
reference into these minutes .
Mayor Siemens referred to a letter from Mr . Eric Carlson ,
Planning Commissioner, relating to some absences from Plannin g
Commission meetings and questioned who acted on these . It wa s
noted that Council does . Mrs . Rasmussen moved Council formall y
excuse absences of Eric Carlson from Planning Commission meetings .
Mr . Ventura seconded . Unanimously carried .
It was consensus of Council to advise Planning Commission tha t
convenience stores be top priority and be studied along wit h
the General Plan reviews and Downtown Specific Plan .
Mayor Siemens declared the meeting adjourned at 12 :35 a .m .
- ATTEST :
VERBATIM TRANSCRIP T
Town Council Meetin g
November 16, 198 1
RECRUITMENT OF COMMUNITY DEVELOPMENT DIRECTO R
VENTURA : I want to make a motion to have staff contact Hughes, Heis s
to solicit a bid to see what they could do for an executiv e
search for Community Development Director .
FERRITO :Second .
RASMUSSEN :Why do we need, why do we have to go to Hughes, Heiss ?
CANNON :Yeah . That's what I'd like to know .
RASMUSSEN :I thought we already went through that ...
FERRITO :They were our interim Managers that helped us once recrui ta Manager .
RASMUSSEN :The Manager went through the process . Isn't that his pre -
rogative? Doesn't the Community Services Director come unde rthe management department ?
MORA :You mean the Development Director as a department head tha t
I am responsible for hiring, yes .
RASMUSSEN :Is that what we're talking about, gentlemen? We get mixe d
up on that term .
VENTURA :Yeah .
CANNON :Well, I don't want to hire Hughes, Heiss again .
VENTURA :We're not hiring them ; I just want to solicit a bid .
RASMUSSEN :That is the Manager's responsibility, Mr . Ventura .
rFERRITO :Well, I think we can certainly help him if he needs to ...
MORA :If the Council is meaning that it wants to fill the positio n
of Community Development Director as soon as possible,I
think that would be the appropriate action . And then I woul d
make a recommendation to you on how that would be filled .
FERRITO :Well, in my discussions, in my discussions with you you'v e
indicated that the field was not as good as you had anticipated ;
and I think maybe you need to have some help in generating a
field of candidates . We've appropriated the money in the
budget ; you've said that the position is necessary, and i t
seems to me we ought to continue the recruitment efforts an d
have a field of candidates that is satisfactory -- and the n
you can take whatever action that ...
CANNON :I don't think we should spend any more money on Hughes, Heiss .
FERRITO :Well, the motion is not to spend any money . It's just t o
get a quote from them . It seems to me that ...
RASMUSSEN :I think we're overstepping our boundaries again .
SIEMENS :Could it also include getting a bid from any other source ?
MORA :As I repeated ... I'll repeat it again . I think the direc -
tion from Council that needs to be given is to instruct m e
that you want that position filled . I think that would b e
the appropriate instruction, pursuant with the Code, unles s
Mr . Hays wishes to correct me .
HAYS :I agree with Mr . Mora's interpretation .
FERRITO :But let me ask you this . Do you feel that you had ... do -
you feel that ... do you believe that the field of candidate s
that you had originally that completed the process was a well -
qualified field?
1
VERBATIM TRANSCRIP T
RECRUITMENT OF COMMUNIT Y
DEVELOPMENT DIRECTO R
November 16, 198 1
Page 2
MORA :I think I had two candidates that I would have been satisfied '
with, and I indicated that to Council individually . And I als o
indicated that I did not think it was appropriate to fill th e
position at that time because of the various other efforts tha t
we were undertaking and are currently undertaking _
FERRITO :Well, that's why I'm reluctant to just tell you you ought t o
fill the position . I think, though, that if this field wasn't
the best field of candidates that we ought to be looking to g o
through the process, and if you need some help in generating a
field,in getting interest, we ought to give you that help b y
having you get a bid from Hughes, He iss, or whomever else yo u
feel you want to get a bid from for that purpose .
CANNON :I think you're interfering with the Manager's prerogative again .
RASMUSSEN :I agree with Mrs . Cannon .
VENTURA :I'm going to withdraw the motion under advisement o f
the Town Attorney ?
HAYS ::Well ...but wait .. maybe I spoke too soon . You can't tel l
the Manager,you know, what, how to fill a position .
FERRITO :That's right .
HAYS :But in terms of trying to get help or something like that ,
as long as you're not specifically telling him who to put
in the position, I guess you have pretty broad power to d o
that, if that's what you want to do .
FERRITO :I would like the record to be ...
HAYS :I can't really say that you legally are required to do a s
Mr . Mora said .
FERRITO :I want the record to be clear that the motion was no t
directing the Manager to choose any particular candidate .
It was simply,and is simply an effort to authorize hi m
and have him consult and solicit bids for what it woul d
cost to solicit a field of candidates for that position ,
and ..
RASMUSSEN :You already have a from the Manager stating that he ha d
two top candidates, that he did not recommend filling th e
position at this time .
CANNON :How many candidates did you .
FERR .ITO :That's right, and nobody's
RASMUSSEN :.. and that he has gone through the process at some expens e
to the Town, including a trip, as I believe -as I remembe r
out of state-including interviewing process, includin g
resume process, and the time he spent in,in that whole thing .
FERRITO :Right . And what he has said was that the field of candidate s
was not very satisfactory .
CANNON :How many people were there ?
SIEMENS :There was a motion that was withdrawn . Now, is there anothe r
motion to substitut e
FERRITO :Was the-motion withdrawn ?
HAYS (Inaudible )
CANNON :There -were :L50 responses, and . that isn't enough? Mr . Mor a
says . that there were . 150 responses . Now what more do you want?
VERBATIM TRANSCRIP T
RECRUITMENiT OF COMMUNIT Y
DEVELOPMENT DIRECTO R
November 16, 198 1
Page 3
FERRITO :Well, he has . told me, and I don't know if he told other peopl e
on the Council, that . the field was not the best field that h e
has seen . And I would like to see if we can't get a field o f
candidates that would result in a decent effort to fill tha t
position . I don't know, is the motion still on the floor ?
VENTURA :I withdrew the motion . And I wanted the advice of the Town
Attorney where we stand ...
HAYS :In my opinion, for example, if the Council wanted to direct tha t
a nationwide search be done for a Police Chief, or somethin g
like that, that would be something you could do . You can't tel l
the Manager who to appoint . But as far as giving advice o n
different people, and so forth, I think that is something yo u
could do .
RASMUSSEN :When we've already been through the process ?
HAYS :Well, I'm not arguing the policy issue . I'm only talking abou t
the legal question, and that's the policy issue is entirely u p
to you, and I have nothing whatsoever to say on that issue .
RASMUSSEN :Well, we did direct the Manager . We gave the Manager the paramete r
for two positions, if I remember, an Assistant Town Manager and a
Community Services Director and directed him to find those tw o
people .
MORA :And they're both authorized in the budget .
RASMUSSEN :Right, and he's proceeded to do so . The fact that-some 'Council -
members may not be pleased with the candidate, now wet-going
through the process again, is that it ?
FERRITO :Well, you're guessing, Mrs . Rasmussen .
RASMUSSEN :I am guessing .
FERRITO :The fact of the matter is that when the Manager tells me tha t
that field was not a good field of candidate s
MORA :I don't think I said it was not a good field, Mr . Ferrito .
FERRITO :Well ...
CANNON :If he said that to you,he certainly didn't say it to anybod y
else .
FERRITO : You tell me what you said . I asked you if that was a goo d
field of candidates, and you said that you didn't think i t
was all that good . Maybe you ought ...
MORA :Quite frankly, I don't know exactly what I told you, Mr . Ferrito ,
but I am very certain I did not tell . you it was not a good field .
FERRITO :All right .
MORA :I probably told you something along the lines that I coul d
probably get a better field for any position for any recruitmen t
at any point in time because it's just the nature . of, you know ,
who you're going to go after ; and the fact that you announce some -
thing at a later date you're bound to get other candidates --
you're bound to get more selection .
FERRITO :Well, I'd like to see us go through the process and have anothe r
chance ...
MORA :If Council wishes to direct me to fill the position of Communit y
Development Director, then I really think that's the motion that
9 3
VERBATIM TRANSCRIP T
RECRUITMENT OF COMMUNIT Y
DEVELOPMENT DIRECTO R
November 16, 198 1
Page '4
MORA (cont .)
FERRITO :
SIEMENS :
FERRITO :
SIEMENS.:
FERRITO :
SIEMENS :
FERRITO :
SIEMENS :
FERRITO :
VENTURA :
HAYS :
VENTURA :
FERRITO :
SIEMENS :
CANNON :
RASMUSSEN :
FERRITO :
SIEMENS :
you ought to be making . That's the direction that I fee l
you can give me that's appropriate with the Town Code .
Well, we've been advised by the Attorney - I'm asking i f
the motion is on the floor .
I had a vote :..the original motion was withdrawn . Is ther e
a substitute motion ?
I move the original motion .
Which is? Which is to what effect ?
To ...
Solicit bids fo r
solicit bids â
For a search .
-:tO-„co duct a sears
Development Director .
Town Attorney, is that a-proper motion ?
Ye s
I . would second that, if the maker of the motion would go alon g
with the idea that the intent being that we want the positio n
filled . It's been funded for the yea r
Of course . But I don't think it's proper for us to direct th e
Manager to fill the . position . We funded it . That's as far a s
we can go . But I'd like him to have, you know, a good field to
choose from . I'm willing to vote for some money once we ge t
some proposals to that effect, and then obviously under th e
Code, it's his choice . S o
Okay . We've had a motion and a second . Any further discussion
on the motion ?
I'm going to speak.against the motion . I think that it inter -
feres with the Manager's prerogative . He's already been throug h
the process . He's recommended two top candidates ; and I fee l
that's enough . This is just excess information that you'r e
asking for .
I absolutely agree with Mrs .. Cannon We've been . through it .
We have spent money on doing it . And yes, Mr . Ferrito, you'r e
absolutely right . I am guessing at the fact that because yo u
are not pleased with the top two candidates, you're going to g o
through this again at any expense to the taxpayers .
Well, you know as a matter of fact that the Council has n o
decision into whether o not or whoever Mr . Mora appoints .
That's within his prerogative .
Further discussion on the motion? All those in favor ?
or- Comma .:ity- Service ---Communit y
AYES :Ferrito, Ventura, Siemen s
NOES :Cannon, Rasmusse n
SIEMENS :Carries, 3 to 2 . Mrs . Cannon and Mrs .Rasmussen voted N