HomeMy WebLinkAbout1982-01-14VI.
MINUTES
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 14, 1982
CITY HALL. COUNCIL CHAMBERS
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I. CALL TO ORDER
Mayor Wilson called the Regular Meeting of the City Council to order at 7:03
p.m.
II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson
III. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander
IV. ROLL CALL
Present: Excused Absence:
Councilman James E. McPherson
Mayor Pro-Tem Alexis D. Newbrander
Councilman Walter H. Snyder
Mayor S. Roy Wilson
Also Present:
Councilman Romeo S. Puluqi
Martin J. Bouman, City Manager
Doug Phillips, Deputy City Attorney
Carlos L. Ortega, Assistant City Manager
Ramon Diaz, Director of Environmental Services
Barry McClellan, Director of Public Works
Paul Byers, Director of Finance
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of December 10, 1981.
Rec: Approve as presented.
B. MINUTES of the Adjourned City Council Meeting of December 14,
1981.
Rec: Approve as presented.
C. MINUTES of the 6:00 p.m. Adjourned City Council Meeting of
December 17, 1981.
Rec: Approve as presented.
D. MINUTES of the 7:00 p.m. Adjourned City Council Meeting of
December 17, 1981.
Rec: Approve as presented.
E. MINUTES of the Adjourned City Council Meeting of December 21,
1981.
Rec: Approve as presented.
MINUTES
REGULAR CITY COUNCIL MEETING January 14, 1982
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F. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand
Nos. 82-062, 82-063, 82-064, and 82-065.
Rec: Approve as presented.
G. REQUEST FOR INITIATION OF A CHANGE OF ZONE FROM R-3,
18,000 (3) S.P. TO C-1, S.P. for Property on the East Side of Highway
74, Approximately 120 Feet South of El Paseo.
Rec: Approve the request and direct Staff to schedule a Public
Hearing for February 2, 1982.
H. CLAIM AND AMENDED CLAIM AGAINST THE CITY BY SOUTHERN
CALIFORNIA EDISON COMPANY IN THE AMOUNT OF $108.62.
Rec: Deny the Claim and instruct the City Clerk to so notify the
claimant and the insurance company.
I. RESOLUTION NO. 82-1 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM
THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN
MICROFILMED.
Rec: Waive further reading and adopt.
J. INITIATIVE PETITIONS IN OPPOSITION TO THE CONSTRUCTION OF
A CIVIC CENTER.
Rec: Receive and file.
K. REQUEST FOR RELEASE OF MAINTENANCE BOND For Tract No.
6229-1, Marrakesh Building & Country Club, Applicant.
Rec: Approve the request and authorize the City Clerk to release
said bond.
L. REQUEST FOR RELEASE OF MAINTENANCE BOND For Tract Nos.
9144-1, 9144-2, 9144.-3, & 9144-4, Deep Canyon Ltd., Applicant.
Rec: Approve the request and authorize the City Clerk to release
said bonds.
M. REQUEST FOR RELEASE OF $800 CASH MONUMENTATION
SECURITY For Tract No. 6259, Curt Dunham Corp., Applicant.
Rec: Approve the request and authorize the City Clerk to release
said security.
Councilman Snyder noted that Item D had not yet been completed by the City
Clerk and should therefore be continued for approval at the next Regular Meeting.
Upon motion by Snyder, second by Newbrander, and unanimous vote of the
Members present, the Consent Calendar, with the exception of Item D, was approved as
presented.
VII. ORAL COMMUNICATIONS - A
MS. DONNA RAY, former temporary employee of the Building Department,
addressed Council, reading from a prepared letter which had previously been
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REGULAR CITY COUNCIL MEETING January 14, 1982
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sumbitted to Council (Attached and made a part hereof as Exhibit "A"). She
reviewed what she felt were the provisions of her temporary employment and
the unfair termination of her employment. She asked why she had been
replaced by an employee less qualified than she and why there had been such
confusion as to whether or not she could apply for the position.
Mayor Wilson responded that it was not Council's position to become involved
in the daily administrative activities of City Hall and therefore Council could
offer no answers.
VIII. PUBLIC HEARINGS
A. CASE NO. TT 14998 - KAUFMAN AND BROAD HOMES, INC.,
APPLICANT: REQUEST FOR CONSIDERATION OF A REQUEST FOR
APPROVAL OF A TIME EXTENSION FOR A 28 LOT TENTATIVE
TRACT MAP TO ALLOW CONSTRUCTION OF 22 RESIDENTIAL
CONDOMINIUM UNITS ON 5 GROSS ACRES LOCATED AT THE
SOUTHWEST CORNER OF PORTOLA AVENUE AND HOVLEY LANE.
Mayor Wilson declared the Public Hearing open and asked for Staff's report.
Mr. Diaz reported that this was a simple request for a time extension of
18 months as permitted by the Code. Staff recommended approval in
light of the fact that there has been no change in the General Plan or
City policy that would warrant denial.
Mayor Wilson invited input from the applicant.
MR. BRUCE STANFORD, 74-075 El Paseo, stated his firm,
Wagner/Stanford & Associates was representing Kaufman & Broad and
that they were in concurrence with Staff's recommendation.
Mayor Wilson invited input in FAVOR to or in OPPOSITION of the request, and
none was offered. He declared the Public Hearing closed.
Upon motion by Newbrander, second by McPherson, Resolution No. 82-2 was
adopted by unanimous vote of the Members present.
B. CASE NO. TT 16942 - TRANSCOPIC DEVELOPMENT CORPORATION,
APPLICANT: REQUEST FOR CONSIDERATION OF A REQUEST FOR
APPROVAL OF A TIME EXTENSION FOR THE SECOND PHASE OF A
TWO -LOT SUBDIVISION TO ALLOW CONSTRUCTION OF
APARTMENTS ON 5.5 NET ACRES LOCATED BETWEEN MAGNESIA
FALLS DRIVE AND THE WHITEWATER FLOOD CONTROL CHANNEL,
690 FEET EAST OF PORTOLA AVENUE.
Mayor Wilson declared the Public Hearing open and asked for Staff's report.
Mr. Diaz reported that this was also a request for an 18-month time
extension as permitted by Code. In light of the fact that there have
been no amendments to the General Plan or City policy to warrant
denial, Staff recommended approval.
Mayor Wilson invited input from the applicant, and none was offered. He
invited input in FAVOR of or in OPPOSITION to the request, and none was
offered. He declared the Public Hearing closed.
Upon motion by Snyder, second by Newbrander, Resolution No. 82-3 was
adopted by unanimous vote of the Members present.
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January 14, 1982
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C. CASE NO. TT 14032 - MCLAIN DEVELOPMENT COMPANY)
APPLICANT: REQUEST FOR CONSIDERATION FOR APPROVAL OF
AN EIGHTEEN MONTH TIME EXTENSION FOR A TENTATIVE TRACT
MAP TO ALLOW CONSTRUCTION OF 206 DWELLING UNITS AND
ASSOCIATED OPEN SPACE ON 60.13 ACRES LOCATED AT THE
SOUTHEAST CORNER OF PORTOLA AVENUE AND COUNTRY CLUB
DRIVE.
Mayor Wilson declared the Public Hearing open and asked for Staffs report.
Mr. Diaz reported that this was another time extension request and that
again, in light of the fact that there had been no General Plan
amendments or change in City policy to warrant denial, Staff
recommended approval.
Mayor Wilson invited input from the applicant, and none was offered. He
invited input in FAVOR of or in OPPOSITION to the request, and none was
offered. He declared the Public Hearing closed.
Upon motion by McPherson, second by Snyder, Resolution No. 82-4 was
adopted by a 3-1-1 vote of the Council with Councilman Newbrander voting NO and
Councilman Puluqi ABSENT.
D. CASE NO. TT 17148 - NOE-JACK, INC., APPLICANT: REQUEST FOR
CONSIDERATION OF APPROVAL TO ALLOW THE CONVERSION OF
AN EXISTING NINE UNIT APARTMENT COMPLEX TO NINE NON -
STATUTORY CONDOMINIUM UNITS AND ASSOCIATED COMMON
AREA, LOCATED ON THE SOUTH SIDE OF SHADOW MOUNTAIN
DRIVE, 850 FEET EAST OF LUPINE LANE.
Mayor Wilson declared the Public Hearing open and asked for Staff's report.
Mr. Diaz stated that a Conditional Use Permit was necessary for this
approval and the one previously granted had expired. He asked
Council's continuance of the item indefinitely to allow the applicant
time to request approval of a new C.U.P.
Mayor Wilson invited input from the applicant, and none was offered. He
invited input in FAVOR of or in OPPOSITION to the request, and none was
offered.
Upon motion by McPherson, second by Snyder, and unanimous vote of the
Members present, the case was continued indefinitely pending approval of a new
Conditional Use Permit to replace the one which has lapsed.
IX. RESOLUTIONS
A. RESOLUTION NO. 82-5 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING
EXECUTION OF AN AGREEMENT WITH THE CITY OF DESERT HOT
SPRINGS FOR ADMINISTRATION OF THE RETIRED SENIOR
VOLUNTEER PROJECT AND MAKING A SUPPLEMENTAL
APPROPRIATION THEREFOR.
Mr. Bouman pointed out that about two years ago, the City of Palm
Desert had started participating in this program. It is now time for our
annual contribution. However, although money was budgeted for this, it
fell $99 short of the amount requested. The resolution would authorize
this additional amount.
Councilman Newbrander stated that the City had put off participating
in this program for a long time and now after two years of participation
wondered if Staff had a feeling as to whether or not it was worthwhile.
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Mr. Bouman responded that we didn't have good tools for monitoring it,
but we do receive monthly reports which show that the program is very
active. He noted that it was also good in that it was done with a spirit
of cooperation between all cities of the Coachella Valley.
r Upon motion by Snyder, second by Newbrander, Resolution No. 82-5 was
adopted by unanimous vote of the members present.
B. RESOLUTION NO. 82-6 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A
CHANGE IN THE USE OF PALM DESERT'S TRANSPORTATION
DEVELOPMENT ACT FUNDS BY SUNLINE.
Mr. Bouman reported that this resolution would pass along to Sunline
and its Board of Directors, who will be meeting tomorrow, our City's
approval of a demo program calling for operation of a Sun Special bus
between the Mariott Hotel and the eastern end of our City at Highway
111 and El Paseo. In addition, in view of the fact that Rancho Mirage
has dropped out of Tel -A -Ride, it would authorize Sunline to continue
to operate that system for a 3-hour period per day in our City. This
guarantees service for the Fetch Center. He concluded that the action
would authorize Staff to proceed with the stipulation that will be at no
greater cost than before with Tel -A -Ride.
Councilman McPherson noted that one of the things he felt would help
this program work is that the rides will be free. This is possible
because of a $4,000 contribution from the El Paseo Ad Council. Mr.
Bouman added that the program was experimental to see if it does meet
the transportation needs of our community.
Mayor Wilson noted concerns expressed during Study Session relative to
the route. Councilman McPherson said he would handle that at the
Board Meeting the following day.
Upon motion by Newbrander, second by McPherson, Resolution No. 82-6 was
adopted by unanimous vote of the Members present.
C. RESOLUTION NO. 82-7 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INITIATING A PUBLIC
HEARING TO CONSIDER A STREET NAME CHANGE OF HIGHWAY 74
TO MONTEREY AVENUE FROM HIGHWAY 111 TO THE SOUTH CITY
LIMIT LINE.
Mr. McClellan reviewed the Staff report and recommendation noting
that the name change was being requested because street names on
roads which share a common alignment is confusing and in most cases,
impractical. The change would be only within the City limits. He
pointed out that the resolution requested Council to set a time and
place for a Public Hearing to receive input on the request.
Mayor Wilson stated that changing the name from Highway 111 to the
southerly City limit lines was no different than it is now as it ends at
Highway 111. Mr. Bouman responded that it would retain its State
Highway 74 designation. Mr. McClellan added that the City had no
control over what the State named it.
Councilman McPherson stated it would not be without precedent in that
Palm Canyon Drive in Palm Springs was really Highway 111.
Upon motion by McPherson, second by Newbrander, Resolution No. 82-7,
setting a public hearing on the issue, was adopted by unanimous vote of the Members
present.
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XI.
XII.
XIII.
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REGULAR CITY COUNCIL MEETING
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X. ORDINANCES
January 14, 1982
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For Introduction:
A. ORDINANCE NO. 282 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO TITLE 26, SECTION 32.070, OF THE PALM DESERT
MUNICIPAL CODE, RELATIVE TO ALLOWING LOT LINE
ADJUSTMENTS FOR UP TO FOUR ADJACENT PARCELS OF LAND.
Mr. McClellan reported that the City Code restricts lot line
adjustments to two adjacent parcels of land when often this type of
adjustment affects more than just two parcels. If this occurs, the
applicant must file a parcel map, apply for Planning Commission
approval and incur other unnecessary costs. Staff is proposing to
modify the section of the Code to allow minor adjustments for up to
four adjacent parcels. These adjustments would be handled on an
administrative level. This proposed revision would not violate any
portion of the California Subdivision Map Act nor would it adversely
affect development within the City of Palm Desert.
Upon motion by McPherson, second by Newbrander, Ordinance No. 282 was
passed to second reading by unanimous vote of the Members present.
For Adoption:
None
CONSENT ITEMS HELD OVER
None
NEW BUSINESS
None
CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF STREET NAME CHANGE FROM
COUNTRY CLUB DRIVE TO GERALD R. FORD DRIVE. (Continued
from the Meetings of November 5 and 19, 1981).
Mr. Bouman reported that Rancho Mirage had taken action to rename
Avenue 36 Country Club Drive. At the present time, Avenue 36 does
not pass through Palm Desert, but it ultimately would and will be part
of the annexation approved by LAFCo earlier today.
Mayor Wilson asked how Council could ensure that it was named Gerald
Ford Drive when it is built? Mr. Diaz responded that a simple minute
motion to the effect would accomplish that.
Councilman McPherson moved to instruct Staff tonot change the name of
Country Club Drive and to hereinafter refer to Avenue 36 as Gerald Ford Drive in the
City of Palm Desert. Councilman Newbrander seconded the motion; carried unanimously
by the Members present.
XIV. OLD BUSINESS
A. REQUEST FOR APPROVAL TO RECORD FINAL MAPS UTILIZING
SPECIAL SECURITY PROVISIONS ALLOWED IN THE STATE MAP
ACT AND APPROVAL TO DEFER FEES AND IMPROVEMENT PLANS
UNTIL CONSTRUCTION COMMENCES,_ PACIFIC COAST BUILDERS
(TRACT NO. 15000), APPLICANT.
Mr. McClellan reviewed the request by the developer to provide a
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execute
for the
motion;
XV.
XVI.
property lien as improvement security in lieu of regular fees or bonding.
He noted that the City Attorney and staff concur that this request, as
provided for in the State Subdivision Map Act, can be made. The
applicant also requested that the agreement also cover fees. However,
the State Map Act is specific in stating that the security is for the
performance for improvements and does not apply to any fees that may
be required by local ordinance. Further, each section of the Palm
Desert Municipal Code that provides for specific fees requires that the
fees be paid at the time of final approval of the map. Therefore Staff
feels that the request for deferment of fees is not justified.
The applicant further requested that they not be required to complete
improvement plans prior to recordation of the maps. The Code requires
that detailed engineering plans be submitted with the final map for
checking, and since the property is bounded by three public streets,
Staff would recommend that complete improvement plans be submitted
and approved for the perimeter public streets and that rough grading
and street plans be submitted for the interior of the subdivision. Also,
all normally required calculations and hydrologic reports shall be
submitted and approved prior to recordation, thus ensuring the City
fully completed and approved improvement plans for public streets as
well as proper drainage information for the interior of the subdivision.
Mayor Wilson recognized the representative of the developer.
MR. DAVID WAGNER, Wagner/Stanford & Associates, addressed
Council in total concurrence with the Staff recommendation.
Councilman Newbrander moved to authorize the Mayor and City Clerk to
an improvement security agreement per the State Map Act and deny the request
deferment of fees and improvement plans. Councilman McPherson seconded the
carried unanimously by the Members present.
ORAL COMMUNICATIONS - B
None
REPORTS AND REMARKS
A. CITY MANAGER
1. FIRE TAX COMMISSION BUDGET
Mr. Bouman reported that a motion was being requested by the
Cove Community Fire Commission to approve a tentative fire
tax budget. The motion should include a) approval of a tentative
1982-83 special fire tax budget of $580,000 as this City's share
toward the fire protection/paramedic program; b) approve a
Cove Community Fire Commission staffing plan to augment
County fire fighting/paramedic forces by 31 people; c) approve
the concept of a no -fee program for a paramedic program within
the 3 communities; and d) request the Fire Commission to give
consideration to a plan whereby there would be a fee for
paramedic services outside the City.
Councilman McPherson moved to: a) approve of a tentative 1982-83 special
fire tax budget of $580,000 as this City's share toward the fire protection/paramedic
program; b) approve a Cove Community Fire Commission staffing plan to augment County
fire fighting/paramedic forces by 31 people; c) approve the concept of a no -fee program
for a paramedic program within the 3 communities; and d) request the Fire Commission to
give consideration to a plan whereby there would be a fee for paramedic services outside
the City. Councilman Newbrander seconded the motion; carried unanimously with the
Members present.
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2. RESOLUTION NO. 82-8 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
SETTING REFUSE COLLECTION SERVICE RATES WITHIN THE
CITY OF PALM DESERT AND RESCINDING RATES
ESTABLISHED UNDER RESOLUTION NO. 80-76.
Mr. Ortega reported that in accordance with the Franchise
Agreement, Palm Desert Disposal did request a rate increase.
The City then authorized the auditor to verify the cost of the
contractual and unit services in accordance with the contract to
either agree or recommend a different increase. The auditor has
submitted his findings and recommendation that a 9% increase in
the rate is adequate at this time. The contract provisions
stipulate that any increase granted would be retroactive to
August 1, 1981, and Staff is recommending that the rates as
established by Resolution No. 82-8 become effective with the
retroactive provision.
Mayor Wilson noted that there had been concern in Study Session
relative to the retroactive provision.
MR. GARY JACKMAN, Palm Desert Disposal Company, advised
Council that this would mean no more than $2.40 per household.
Upon motion by Newbrander, second by McPherson, Resolution No. 82-8 was
adopted by unanimous vote of the Members present.
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
Mayor Wilson asked everyone to note the Future Meetings listed on the
Agenda as reconfirmed by the City Clerk.
Mayor Wilson noted that as discussed in Study Session the week
previous, Council should adjourn to Closed Session.
XVII. ADJOURNMENT
Upon motion by McPherson, second by Newbrander, and unanimous vote of the
Members present, Mayor Wilson adjourned the meeting at 8:47 p.m. to Closed Session.
Mayor Wilson reconvened the Meeting from Closed Session at 9:10 p.m. and
immediately adjourned with no action being taken. The record notes that Councilman
Puluqi was present for the Closed Session.
ATTEST:
SHEILA R. GIGAN, CIT ERK
CITY OF PALM DESERT, IFORNIA
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OY-WILSON, MAYOR
MINUTES
REGULAR CITY COUNCIL MEETING January 14, 1982
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EXHIBIT "A"
January 13, 1982
To the Honorable Mayor and City Council
City of Palm Desert
At the time of my initial hiring it was made clear that I would be only
temporary help; this was because the secretary whom I was replacing was
going to be on maternity leave of absence only. At the time of my hiring
I was led to believe that I would be eligible for holiday pay, but after
being on the job two days I was informed by one of the secretaries that
I was not eligible for this. It was only after my first being hired that
Larry McAllister came to me and stated that in the handbook it stated that
I was not eligible for any of the City's benefits. When I mentioned this
to Mr. Hill he told me to have Larry check it out more thoroughly because
he thought that there had been a resolution changing that portion of the
handbook. .
After being on the job about three weeks Mr. Hill called me into his office
(this was about one day prior to his taking a leave from the City for part
vacation and part to attend the ICBO meeting). He asked me if I thought
I was going to be capable of handling the secretarial part of the office
while he was on vacation, and we went over some of the things I was to do
and not to do while he was away.
At a later date (after he had returned from vacation) the two of us talked
again, and he told me that I was doing a reasonably well job of handling
things. He then said that he was going to have to let Kelly Doran go because
she hadn't passed even 50% of any of the tests he or Pat Conlon had given her,
and that he had hopes that Deni Poole would apply for the job as inspector
trainee. He at this time said that if Linda Hutchinsen returned from her
leave of absence (he had his doubts about her returning) that I would be
able to take over Deni's job, and if Linda didn't come back I would be eli-
gible to apply for the position I was temporarily filling. He also stated
that no matter what happened, he would try and keep me on as full time.
It wasn't very long after this conversation that we began looking for the
missing file folder, which at this time was not located, and Mr. Hill was
made to take a two week vacation. During the time Mr. Hill was on vacation
rumors began circulating in the Building Department; one reason was because
Joe Palomino was brought back to work from his vacation, the second reason
for the rumors was Marty Bouman called a meeting of the Building Personnel
and told us that Jim had been asked to take a leave of absence, and during
this time was instructed not to contact anyone in the department and we were
instructed not to contact Jim. It was at this time that mean, hateful words
from people in the department was being said about Jim. When I said Mr. Hill
had been nothing but extremely kind to me they started saying I was one of
his chosen few and that was the only reason. They made a few snide remarks
to me, but nothing at this time that was real heavy.
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EXHIBIT "A"
After we had received notice that Jim was being retired everthing began
to cool down in the department until we learned that Jim was going to
fight the retiring (this is when we learned that he was actually being
fired). A few days later Jim came into the department to pick up his
personal things and clean out his office. I was affectionate to Jim, and
gave him a gift as a token of my feelings. After I had given him the gift
the office personnel became very cold to me.
Then we came to the night that I testified in Jim's favor. The following
day songs were being sung, the Country & Western song, Know When to Hold
Them, Know When to Fold Them, and Know When to Walk Away, extremely snide
remarks (she better leave soon, trash is in the department, etc.) were made
to me, (this was the only words that were spoken to me) which has continued
since the day I testified for Jim.
Also, during this time we received notice from Linda Hutchinson that she
would not be returning back to work, therefore her job became available.
It was a closed in-house recruitment, which actually made me ineligible to
apply for the position. The final day to apply for the job, Larry McAllister
came to me and asked why I had not applied for the job and I told him that
I had been told that I was not eligible to apply, at this time Larry said,
"I don't care what someone else has told you, you can apply." So I then
applied and when I turned in my application to the front office I was told
that I couldn't turn in an application for the job, and I stated that I
had been told by Larry to do so, the girl then stated that Larry was wrong.
A few days after I had turned in my application, Larry came to me and stated
that I was not qualified to apply for the position because I didn't have
the proper training (meaning that according to my application I didn't
have three years clerical experience). He also, said that my position would
remain in a "limbo state" until after the hearings with Jim Hill, and de-
pending upon the outcome of the hearing, they wouldn't do anything until
a building department head was appointed. He stated that it would be the
end of January, possibly February, it could even be up to six months, poss-
ibly a year, but he doubted it would be year. He also stated, that if I
looked for other employment the City would understand, only hoped that I
would be able to give at least a two week notice, as it would take some
time to train someone to handle my job.
After this, I found the file on the Cathcart Pool missing again, and kept
quiet, this was partly because Shiela Giligan, whom was with me at the time
we first noticed that the file folder was missing said, "let's get out of
here (meaningMr. Hill's office which at this time was being occupied by
Joe Palomino)", so we left the office, closed the door, and nothing was
said by either hyself or Shiela for a couple of days. It was on the day
that the Council (Tuesday) gave their decision on Mr. Hill that I mentioned
to Frank Allen that the file was missing and asked hirn what I should do,
and Frank told me that I should go in and tell Marty. I waited around until
I had a chance to speak to Marty about the file, it was about six in the
evening. Ron Cathcart had stayed around also, and asked me what I was wait-
ing for, and after I tried to dodge his question, he said, "I know it has
something to do with me so why not come out and say it to my face." So I
then told him that the file was missing and that I was going in to Marty and
tell him so.
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EXHIBIT "A"
After I told Marty about the missing file, he said, "it's no big deal, even
though it makes no sense", we then talked for a few minutes, and he asked
me if I had mentioned anything to Joe Palomino, and I told Marty, no, be-
cause I really didn't know who to trust in the department now that Mr. Hill
was no longer here.
The following day, Marty asked me if I had as of yet told Joe Palomino, that
the folder was missing, and I said no, and Marty told me that I should go
in right then and tell Joe Palomino, and this is what I did. Joe asked me
why I hadn't come directly to him about this and I repeated to him that I
really didn't know whom to trust, and that on Thursday I had seen him walk
out of his office with his brief case in his hand. He then asked me if 1 was
accusing him of taking the file and I said "NO", but I guess he knew that
it was in my mind. I told Joe that I had not mentioned to anyone that I
had seen him leave the office early that day and that he had his brief case
in his hand, and Joe then said, "but I know that you will."
It was the following day that I received my notice that I would not be needed
for my job after the 8th of January. This notice was given to me by Larry
McAllister, one working day before Christmas.
After an article was in the paper (this was 4 days after my termination)
Marty called me into his office and asked me if I really believed I had
been terminated because of my loyalty to Mr. Hill, to this I answered.
emphatically, "Yes." I then explained why I felt so.
1. In the past Mr. Hill had said I would PROBABLY remain as a permanent
employee...job discriptions were then discussed.
2. Also in the past Mr. Hill had brought in an outside panel when other
girls had applied (in-house recruitment) for the same job. I was filing
at this time. Mr. Hill had done this whereas no one could accuse him
of being partial.
3. Larry, two weeks earlier before I testified for Jim, had stated the job
could last 6 months to possibly a year.
4. Qualifications for the job had been less stringent than when I had applied
for the temporary position.
Sincerely yours,
onna L. Ray
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