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HomeMy WebLinkAbout1982-01-14VI. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 14, 1982 CITY HALL. COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 -2- MINUTES REGULAR CITY COUNCIL MEETING January 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. -3- MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * January 14, 1982 * * * * * * * * * * * * * * * * * * 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. -4- MINUTES REGULAR CITY COUNCIL MEETING January 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. -5- XI. XII. XIII. MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * X. ORDINANCES January 14, 1982 * * * * * * * * * * * * * * 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 -6- MINUTES REGULAR CITY COUNCIL MEETING January 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. -7- MINUTES REGULAR CITY COUNCIL MEETING January 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 -8- OY-WILSON, MAYOR MINUTES REGULAR CITY COUNCIL MEETING January 14, 1982 * * :'c * * ;'c * * * * * * * * * * * * * * * * * * * * * * * * * * 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. -9- MINUTES REGULAR CITY COUNCIL MEETING January 14, 1982 * :. .. is * is * * * * * * * i'C * * * * :C iC * * is ;f * * * * .. :C .. ': .. * 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. -2- -10- MINUTES REGULAR CITY COUNCIL MEETING if * i * Jf `L J January 14, 1982 * * :1f ;f * * * * * :�f :C :: :f .. :f .. 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 -3- -11-