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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