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HomeMy WebLinkAboutcc min 1989/01/17 At 6:30 p.m., City Council met in Closed Session to discuss: Bayscene Mobilehome Park, Hobel v. City of Chuta Vista and Redevelopment Agency, City of Chula Vista v. Anthony Raso, Skorepa v. City of Chula Vista, and Potential Litigation. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, January 17, 1989 Council Chamber 7:00 p.m. Public Services Building ROLL CALL PRESENT: Councilmembers McCandliss, Nader, Malcolm, Moore ABSENT: Mayor Cox ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus, Deputy City Manager Morris, City Attorney Harron In the absence of Mayor Cox, Mayor pro tempore Nader took the Chair. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES Councilwoman McCandliss requested an amendment to the ~inutes of January 9, page 3, No. 7, to add the word, "locally", to the end of the first paragraph. MOTION MS (Moore/Malcolm) to approve the Minutes for the Joint Council/School Districts Meeting of January 9 as amended, and the Regular Meeting of January 10, 1989. SPECIAL ORDERS OF THE DAY None CONSENT CALENDAR (Items 3a 17) Pulled Items: 3a, 4, 5, 6, and 15. COUNCILWOMAN McCANDLISS OFFERED THE BALANCE OF THE CONSENT CALENDAR, the titles were read, the reading of the texts waived by unanimous consent and approved. (Councilman Malcolm voted no on Item lOa, b, and c) 3. WRITTEN COMMUNICATIONS a. REQUEST FOR FUNDING FOR REPORTS ON FEASIBILITY OF PUBLIC OWNERSHIP OF SAN DIEGO GAS & ELECTRIC COMPANY - Dale Mason, Chairman, Board of Directors, San Diego County Water Authority, 2750 Fourth Avenue, San Diego 92103-6295 Pulled from the Consent Calendar. Minutes - 2 - January 17, 1989 b. REQUEST FOR REFUND OF $400 FOR INITIAL STUDY New Harvest Christian Fellowship, 3951 Marine View Avenue, San Diego 92113 The request for a refund of $400 for an initial study fee was approved. c. CLAIMS AGAINST THE CITY Marjorie E; Garcia, c/o Dennis A. White, Esq., 2333 First Avenue, Ste. 204, San Diego 92101. Alleging dangerous conditions on public property at 170 Amy. Kathy Rathburn, c/p Patrick J. Thistle, Esq., 2441 E Street, San Diego 92101. Alleging City responsibility for medical expenses incurred when her vehicle was forced off the roadway by a vehicle being pursued by the Chula Vista Police Department. The City Council denied these claims. 4. REPORT STATUS OF BAYSCENE MOBILEHOME PARK SPACE RENT DISPUTE (City Attorney) Pulled from the Consent Calendar. 5. ORDINANCE AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE PETITION FOR MOBILEHOME PARK SPACE RENT NEGOTIATION AND ARBITRATION - FIRST READING (City Attorney) Pulled from the Consent Calendar. 6. REPORT ON CITY COUNCIL REFERRALS REGARDING MOBILEHOME PARK SPACE RENT MEDIATION (Community Development Director) Pulled from the Consent Calendar. 7. RESOLUTION 13932 APPROVING TWO COOPERATIVE FACILITIES USE AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE CHULA VISTA CITY SCHOOL DISTRICT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (Director of Personnel/Director of Parks & Recreation) In the past, each request by the City or the School Districts for temporary use of the other's facilities for athletic or special events was handled individually. These agreements set forth insurance requirements and hold harmless/indemnification language that cover an entire year and are automatically renewed each year. 8. RESOLUTION 13933 ACCEPTING BIDS & AWARDING A CONSTRUCTION CONTRACT TO MCR ELECTRICAL CONTRACTORS, INC. FOR THE MODIFICATION OF THE TRAFFIC SIGNAL AT BROADWAY AND L STREET AND APPROPRIATING $17,500 FROM THE TRAFFIC SIGNAL FUND ACCOUNTS TO COVER THE ABOVE CONSTRUCTION CONTRACT (Director of Public Works) The City Engineer received bids for a modification of the traffic signal at Broadway and L Street and the installation of a concrete median on the east leg of this intersection. The contract was awarded to the low bidder, MCR Electric Contractors, Inc. subject to certain conditions. 9. RESOLUTION 13934 ACCEPTING CONTRACT WORK FOR CONSTRUCTION OF LIBRARY PATIO IN THE CITY OF CHULA VISTA (Director of Public Works) In May 1988, Council awarded a contract in the amount of $45,239.50 for the construction of the library patio to Sol-Pacific Landscape Construction, Inc. The work is now completed and it is recommended that Council accept the contract work. lOa. RESOLUTION 13935 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR CHULA VISTA TRACT 86-3, BONITA LONG CANYON ESTATES UNIT NO. 7 (Director of Public Works) b. RESOLUTION 13936 APPROVING AN AGREEMENT WITH BO~ITA LONG CANYON PARTNERSHIP TO GUARANTEE CERTAIN DRAINAGE IMPROVEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT c. RESOLUTION 13937 APPROVING VACATION OF ACCESS EASEMENTS IN CONJUNCTION WITH CHULA VISTA TRACT 86-3, BONITA LONG CANYON ESTATES UNIT NO. 7 In December 1985, Council approved the Tentative Subdivision Map for Chula Vista Tract 86-3, Bonita Long Canyon Units 2 through 7. The Final Map for Unit 7 of said subdivision is now before the Council for approval. 11. RESOLUTIO~ 13938 GRANTING CERTAIN EASEMENTS FOR UTILITY PURPOSES TO THE SAN DIEGO GAS & ELECTRIC CO~PANY AND AUTHORIZING THE MAYOR TO EXECUTE SAID EASEMENT DOCUMENT (Director of Public Works) SDG&E has requested that the City grant easements for the placement of overhead electrical lines, power poles and supporting guy wires. 12. RESOLUTION 13939 AUTHORIZING EXPENDITURE OF $750 FROM COUNCIL CONTINGENCY FUND FOR MEMBERSHIP ON THE SOUTHERN CALIFORNIA WA'TER COMMITTEE (Director of Finance) At the December 20, 1988 meeting, Council authorized the City's membership on the Southern California Water Committee. This is an effort to establish a united policy and to educate political entities and individual citizens about water's important place in their lives and the economy of Southern California. Council authorized the expenditure of $750 from the Contingency Fund for this membership. 13. ORDINANCE 2289 AMENDING ORDINANCE 2251 BY PROVIDING FOR DEFERRALS AND ADDING TRAFFIC SIGNALS TO THE DEVELOPMENT IMPACT FEES SECOND READING & ADOPTION (Director of Public Works) Ordinance 2251 provides for the collection of Development Impact Fees in the eastern area of the City. It also includes a list of projects to be financed through the collected fees. The ordinance was placed on first reading at the meeting of January 10, 1989. 14. ORDINANCE 2290 AMENDING SECTIONS 19.58.110 AND 19.14.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ZONING REGULATIONS FOR CHURCHES SECOND READING & ADOPTION (Director of Planning) The ordinance amends Sections 19.58.110 and 19.14.030 of the Chula Vista Municipal Code relating to zoning regulations for churches. The ordinance was placed on first reading at the meeting of January 10, 1989. 15. REPORT ON AUTHORIZING THE BONITA LONG CANYON PARTNERSHIP TO CONSTRUCT A PORTION OF CENTRAL AVENUE FROM APPROXIMATELY 1700 FEET EAST OF BONITA ROAD TO CORRAL CANYON ROAD AND RECEIVE CASH OR CREDIT REIMBURSEMENT AGAINST DEVELOPMENT IMPACT FEES (Director of Public Works) Pulled from the Consent Calendar. 16. REPORT REGARDING STATUS OF DEVELOPMENT OF A PRE-QUALIFIED LIST OF DESIGN CONSULTANTS (Director of Public Works) RESOLUTION 13940 APPROVING THE PRE-QUALIFIED LIST OF DESIGN CONSULTANTS In August 1988, staff began preparation of a procedure to develop an annual pre-qualified list of design consultants. The purpose of the pre~qualified list is to eliminate the need to request and review several proposals for each individual CIP project proposed to be designed by contract. The procedure to establish the list required one request for statements of qualification and one evaluation session. The new procedure will decrease the amount of staff time spent in the contracting process and enable staff to decrease the backlog of CIP projects which require design. Council approved the FY 1988-89 Annual List of Pre-Qualified Design Consultants. 17. REPORT APPLICATION FOR RENTAL REHABILITATIO~ PROGRAM FUNDS FOR FY 89-90 (Community Development Director) RESOLUTION 13941 APPROVING A RENTAL REHABILITATION PROGRAM DESCRIPTION AND RELATED DOCUMENTS AND AUTHORIZING SUBMITTAL TO HUD The City is participating in the HUD Rental Rehabilitation Program for FY 1988-89 having been allocated $107,000. The allocation for FY 1989-90 is $80,000. The receive these funds the City must submit an application to HUD. Council approved the Rental Rehabilitation Program and documents for FY 1989-90 and authorized submittal to HUD. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 18. PUBLIC HEARING ZAV-89-8: APPEAL FROM PLANNING COMMISSION DENIAL OF VARIANCE TO LEGALIZE TWO STUDIO APARTMENT UNITS AT 675/681 SEA VALE STREET HENRY N. KLEIS (Continued from meeting of January 10, 1989) (Director of Planning) ORDINANCE AFFIRMING THE DECISION OF THE PLANNING CONMISSION TO DENY ZAV-89-8 FIRST READING MOTION MSUC (Nader/Malcolm) to continue this item to the Regular Meeting of February 7 at the request of the applicant. 19. ORAL COMMUNICATIONS a. Reverend Flaugher, Brentwood Mobilehome Park, 1100 Industrial Boulevard, reported on a mobilehome parks' meeting held in Escondido and distributed to Councilmembers copies of the flyer he received at that meeting. Reverend Flaugher addressed the history of surveys made of the mobilehome parks in Chula Vista west of Broadway and requested Council to bring forward an emergency ordinance to address the zoning in the area so that a decision to work toward a relocation park can be reached. Mayor pro tempore Nader informed Reverend Flaugher he would be receiving a copy of a memorandum addressing this subject. Minutes - 6 January 17, 1989 b. Robert Parsons, Bison Mobile Home Park, 708 "H" Street, reported a petition from the residents because of a recent 10% rent increase. Councilman Moore emphasized the steps outlined in the ordinance which should be accomplished by the petitioners in order to pursue the issue with the park's management. Assistant Director of Community Development Gustafson confirmed he would be in touch with Mr. Parsons to assist him in the procedure. Roberto Vega, 1108 Hilltop Drive, reported the condition of a lot on Naples Street, one-half block from Hilltop which contains much trash and debris; a request was made for a fence to the sidewalk to forestall this accumulation. Councilman Malcolm commented on his findings that the health and safety of the neighborhood is threatened in this area. MOTION MS (Malcolm) to direct staff to take immediate action to clean up the site and to require fencing if it is legally possible. Councilmembers discussed the subject and the many problems with the three parcels of land in the subject area. Director of Building & Housing reported a document is now being prepared for submittal to the City Manager addressing the several ways to address the problems from both short term and long term angles. VOTE ON THE MOTION Motion carried unanimously. Paul L. Greene, Sr., 141 Lotus Drive, 92011, addressed a newspaper article in which Mayor Cox was quoted; a suggestion was made that the Mayor apologize to the owner of the trailer park who offered a trailer to a homeless couple. PULLED ITEMS 3a. REQUEST FOR FUNDING FOR REPORTS ON FEASIBILITY OF PUBLIC OWNERSHIP OF SAN DIEGO GAS & ELECTRIC COMPANY Dale Mason, Chairman, Board of Directors, San Diego County Water Authority, 2750 Fourth Avenue, San Diego 92103-6295 This is a request from the San Diego County Water Authority (Authority) to study and evaluate the feasibility of public ownership of the power and gas systems of San Diego Gas & Electric Company (SDG&E). The City Manager recommended that this letter be acknowledged and the Authority be encouraged to proceed with the study, but before the City accepts the offer to participate financially, a report be sent on the scope of work of the study, and on information regarding the consultant to be hired to execute the study. Minutes - 7 - January 17, 1989 Councilman Malcolm reported on a trip taken to Sacramento to pursue this issue and his findings that, for the Authority to get a bill through the legislature, which would be necessary to authorize the Authority to publicly own the power and gas systems of SDG&E, would be impossible. He agreed a study is necessary, questions if the Authority is the proper one to do the study, but encouraged that the study remain the property of all cooperating cities and that a clear scope of work be delineated before any money is appropriated. Additionally, Councilman Malcolm reported that Southern California Edison (SCE) has requested a pre-hearing conference on the merger of the two companies with a sub-committee making a recommendation to the full board of the PUC scheduled for February 6 in San Francisco. Councilman Malcolm stated it is incumbent on Council to request the League of California Cities to take a position and request the hearings to be held here in San Diego - both now and when the final decision is being made. MOTION MS (Malcolm/McCandliss) to refer the item back to staff for preparation of a letter to the PUC over the Mayor's signature, and to the other cities for encouragement to join in the request for the PUC to hold the hearings in San Diego. CLARIFICATION OF THE MOTION: (McCandliss/Malcolm) to accept the staff recommendation to not fund the study at this point but to encourage the Authority to proceed with the Study but, before this City participates financially, to request that the Authority submit the scope of work to be reviewed on County-wide needs and not just the needs of the Authority; additionally, to send the letter to the PUC to request the meetings here in San Diego. FURTHER CLARIFICATION OF THE MOTION: INader/Malcolm) to direct staff to formulate a fall-back plan, or Plan "B", in the event legislation does not pass and the Water Authority is unable to move. VOTE ON THE MOTION, AND CLARIFICATIONS TO THE MOTION Motion passed unanimously. Councilmembers indicated their concerns with the procedure stating that this Council should have a plan with designated steps for action: the whole issue should ideally be turned over to a committee of business people to come back with a recommendation; the problem exists that the City and County of San Diego is not overly excited about this because the press and television will not be talking to the politicians but to the business people; better input could be obtainable but they would need access to the subject study. Mayor pro tempore Nader suggested it would be appropriate to schedule the item on next week's agenda so action can be taken if necessary. 4. REPORT STATUS OF BAYSCENE MOBILEHOME PARK SPACE RENT DISPUTE (City Attorney) The rent dispute at Bayscene Mobilehome Park has several complexities which have made it difficult to resolve. Those complexities include the noticing and subsequent imposition of utility charges to individual residents, the change in the Chula Vista Municipal Code from mediation to binding arbitration and further suggested changes, and the rumored existence of pending litigation against the owner by some residents. It is recommended that Council accept the report, encourage the disputing parties to subject both the 1987 and 1988 rent increases to binding arbitration, and direct staff to arrange the necessary arbitration by the American Arbitration Association. Councilman Malcolm reported that the owner of the Bayscene Mobilehome Park has signed an agreement stating rent dispute issues shall be submitted to binding arbitration. Council has been informed of some legal problems and, at this time, City Attorney Harron has advised Council not to discuss the issue at this time but, before any responsible person at Bayscene would sign, Council needs to make a finding relative to the emergency ordinance. It was certainly not Council's intent that no flexibility existed in the ordinance; Council expected this park to fall under this ordinance and, for that reason, the ordinance was an "emergency" ordinance to take effect immediately. MOTION MS (Malcolm/McCandliss) that City Council acknowledge receipt of this letter signed by the property owner and acknowledge that it was never Council's intent that strict enforcement of the old regulation would prohibit them from falling under this regulation. Nelda Del Ponte, Chairman of the Bayscene Residents Committee, signed the agreement at this time, VOTE ON THE MOTION: Motion passed unanimously. 5. ORDINANCE 2291 AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE PETITION FOR MOBILEHO~IE PARK SPACE RENT NEGOTIATION AND ARBITRATION FIRST READING (City Attorney) This ordinance would require mobilehome park owners to identify the names and addresses of all residents who are subject to a rent increase in the notice of rent increase. It would also allow the petition requirement to be satisfied by substantial compliance. It was recommended that Council adopt the amendment adding new Section 9.50.065 but not adopt the amendment to Section 9.45.040. Minutes - 9 - January 17, 1989 Councilman Malcolm stated his personal belief that substantial compliance to the ordinance should allow arbitration to proceed. Councilwoman McCandliss said she would prefer to move forward with the ordinance as it is, and that staff provide the residents with a "check list" to advise them of their rights and act as a facilitator. Councilman Moore added that some park managers may also need guidelines in an up-to-date brochure. Nelda del Ponte, 100 Woodlawn, speaking on behalf of the Bayscene tenants, stated her concern that she had asked for notification to various tenants. Mayor pro tempore Nader clarified that issue is being addressed and has Council's support; substantial compliance is now being considered. Councilmembers discussed the definition of "substantial compliances" and City Attorney Harron stated he made it specific to apply only to the timeliness requirement for filing a petition because it will always be an issue. Adeline Smith, 2605 Camino del Rio South (#402), representing the Western Mobilehome Association for the Park Owners, reminded Council that the ordinance was amended November 1987 because of the "dragging out" process; the time period was shortened to get things to the negotiating stage. Substantial compliance opens "Pandora's Box." Mayor pro tempore Nader questioned whether a "good faith effort to comply within thirty days" would suffice. Mrs. Smith state her preference to have the park form the Committee ahead of time and have it in place to react if needed. Tom Kenny, 979 Alto Drive, LaMesa, CA 92041, questioned the use of the word "adversary" when speaking of the park owners. Councilman Malcolm explained his use of the word was used because of threatened litigation by one park owner. Joe Stern, 6923 Amherst Street, San Diego, Senior Senator for the CA legislature, stated that approximately five years ago voluntary arbritration was considered, then termed it mandatory arbitration. He suggested that residents get the suggested pamphlet informing of their rights at the same time that the rent increase is served. Ray Foster, 10767 Jamacha Boulevard, representing Homeowners Striving to Attain General Equality (HOSTAGE), stressed that Council must act now to ask for a moratorium on rent as was done in Escortdido and Oceanside. Mayor pro tempore Nader informed Mr. Foster that rents above the CPI level are prohibited in this City. City Attorney answered Mr. Foster's questions with the statement that the arbitrator is allowed to take any evidence to the case; the moratorium in CA states you must have an adjustable mechanism which you apply. Minutes - 10- January 17, 1989 Harold Duncan, llO0 Industrial Boulevard (I-17), stated that the way the law is presently written, the park owners can raise the rent every year and by having a guaranteed income of the CPI, the longer the delay the more profitable for the park owners and the more expensive for the residents. James Lovett, Bayscene Mobilehome Park, questioned the rent increase already collected by the owners and what is done with that money. Mr. Lovett was informed that violations of the Code are punishable as a misdemeanor. Councilman Moore stated his perception that only 10% of park owners do not abide; rent control is accomplished with two-way communication in binding arbitration; the brochure should be expedited; but that, in his opinion, substantial compliance encourages mediocre work. COUNCILMAN MALCOLM OFFERED SECTION 9.50.065 OF THE ORDINANCE which was read by title, the reading of the text in its entirety waived by unanimous consent, and passed unanimously. COUNCILSfAN MALCOLM OFFERED SECTION 9.50.040 OF THE ORDINANCE which was read by title, the reading of the text in its entirety waived by unanimous consent. MOTION MS (Nader/McCandliss) to amend the ordinance to provide for a right to appeal the timeliness requirement to the City Council and to provide for a "a good faith effort" to comply with the thirty day requirement will be sufficient. Mayor pro tempore Nader clarified this would state they must make the effort to complete within thirty days, but for any other reason, they cannot or they want to appeal, they have an avenue. VOTE ON THE MOTION: Motion passed. (Councilman Moore voted no) 6. REPORT ON CITY COUNCIL REFERRALS REGARDING MOBILEHOME PARK SPACE RENT MEDIATION (Community Development Director) In August 1988, Council amended Municipal Code Chapter 9.50, Mobilehome Park Space Rent Mediation, to include binding arbitration. Council also asked staff to provide a follow-up report addressing certain additional questions pertaining to the Code Chapter and that staff and the Mobilehome Issues Committee analyze the option of the Council or Councilmembers acting as arbitrators in mobilehome park space rent disputes. Staff recommended Council allow Municipal Code Chapter 9.50 to be applied to rent disputes in its present form to test its effectiveness before contemplating any further changes. Minutes 11 - January 17, 1989 Nelda del Ponte and Rev. Bob Flaugher requested City funds to help the mobilehome tenants pay for the Attorney's filing fee in the litigation process. MS Nader/Malcolm to refer the request back to staff for report back to Council. MS Malcolm/Moore to accept the report. MSUC McCandliss/Malcolm for an amendment that would come back to Council that would change the split from 50/50 to 75/25 with implementation of the program with what has been described in the staff report and the possibility of using the City's low and moderate income fund for the tenant's share (of the attorney's filing fee). The acceptance of the report as amended passed unanimously. ORAL COMMUNICATIONS (Continued) Peter Watry, 81 Second Avenue, Chula Vista, speaking on behalf of CROSSROADS stated that in 1987, Rancho del Sur (Sunbow) "worked its way through the process." CROSSROADS opposed the plan because of its high density and poor planning. The Planning Commission rejected the project but the City Council approved it on a 3 to 2 vote with Councilman Malcolm voting in favor of the project. According to the financial statements filed with the City, Councilman Malcolm received lease payment of over $10,000 from the partners in this subdivision project; therefore, he should not have been allowed to vote on the project. Mr. Watry requested that further consideration of the Sunbow project be suspended until the proper authorities have ruled on the "apparent conflict of interest." City Attorney Harron remarked that the Council acted on this several months ago allowing the development to go ahead and accepting a "hold harmless agreement" from them. 15. REPORT ON AUTHORIZING THE BONITA LONG CANYON PARTNERSHIP TO CONSTRUCT A PORTION OF CENTRAL AVENUE FROM APPROXIMATELY 1700 FEET EAST OF BONITA ROAD TO CORRAL CANYON ROAD AND RECEIVE CASH OR CREDIT REIMBURSEMENT AGAINST DEVELOPMENT IMPACT FEES (Director of Public Works) Ordinance 2251 established a Development Impact Fee to pay for transportation facilities in the Eastern Territories of the City. The ordinance created a Development Impact Fee for the eastern area, developed a list of projects that that fee would be used to finance and provided a procedure whereby developers could build projects that list and receive credits against fees. MSUC (McCandliss/Nader) to accept this report. Minutes - 12 January 17, 1989 20. CITY MANAGER'S REPORT a.Scheduling of Council meetings The Council Conference scheduled for January 26 at 4 p.m. will be for: (1) the MTDB landscaping and (2) Growth Management Policy. 21. MAYOR'S REPORT a. Designation of Council representative for Chula Vista 2000 consultant selection committee MSUC (Nader/Moore) to appoint Councilwoman McCandliss. MSUC (McCandliss/Nader) to also appoint Councilman Moore. 22. COUNCIL COMMENTS COUNCILMAN MALCOLM a. Transient Occupancy Tax Testimony before the Assembly Revenue & Taxation Committee No recommendation was made by the City Manager. b. Councilwoman McCandliss discussed the south ramp off 1-805 to Telegraph Canyon Road and asked that this be placed as an agenda item on the next Council meeting (january 24). c. Councilwoman McCandliss referred to the letter included in the Council's packet noting the State licensing fee increases for mobilehome parks. She asked staff to get this information out so the public will be aware that it is a State increase and beyond the Council's jurisdiction. ADJOURNMENT AT 9:40 p.m. to the regular meeting of January 24, 1989 at 7:00 p.m. and the Council Conference scheduled for Thursday, January 26, 1989 at 4:00 p.m.