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HomeMy WebLinkAboutcc min 1988/10/11 iinutes ~ uc%oDer II, O. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BSI CONSULTANTS INC. FOR PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES FOR FY 88-89 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) 'ulled from Consent Calendar. 1. RESOLUTION 13806 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MISSION VILLAGE PROPERTIES TO PROVIDE FOR MAINTENANCE AND OPERATION OF A SEWER PUMP STATION FOR MISSION VERDE SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) ORDINANCE 2286 ESTABLISHING A SPECIAL SEWER SERVICE RATE AREA FOR MISSION VERDE SUBDIVISION FIRST READING 'he Mission Verde Subdivision is currently proposed to be served ~y a sewer pump station. The developer of the subdivision is >roposing to provide for the ongoing maintenance of the pump ;tation through formation of a special sewer service charge ~istrict similar to the district providing for the maintenance of she Chula Vista Woods pump station. Adoption of the above listed >rdinance will enable the City to collect sufficient funds with she water bills to guarantee the continued maintenance and ~peration of the pump station. The ordinance was placed on first -eading. 2. RESOLUTION 13807 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MANUEL NUNES, PLANNING CONSULTANT, AND RANCHO DEL SUR CALIFORNIA GENERAL PARTNERSHIP, FOR PROFESSIONAL CONSULTANT SERVICES FOR SUNBOW PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Planning) The agreement with Mr. Manuel Nunes, Planning Consultant and ~ancho del Sur California General Partnership is for temporary >rofessional planning assistance. The assistance will allow the ~ity to process in a timely fashion, the Sunbow General }evelopment Plan for land lying north of Telegraph Canyon Road and ?ast of 1-805 in the vicinity of the Chula Vista Community ~ospital. There will be no net fiscal impact to the City of Chula /ista. All costs will be paid by the applicants. 13. ORDINANCE ADDING CHAPTER 2.52 TO THE CHULA VISTA MUNICIPAL CODE REGULATING CAMPAIGN CONTRIBUTIONS - FIRST READING (City Attorney) >ulled from Consent Calendar. ~nutes S October i1~ i~ 4. REPORT REGARDING REDUCTION IN THE AMOUNT OF NATURAL GAS BURNED AT THE SOUTH BAY POWER PLANT (Principal Management Assistant) ulled from Consent Calendar. 5. REPORT REQUEST TO CONDUCT PARADE BY MONTGOMERY ELEMENTARY SCHOOL (Director of Parks & Recreation) !ontgomery Elementary School requested permission to conduct a chool parade on October 12, 1988. This program is an annual .vent conducted by the school and supported by the community. :ouncil approved the request subject to certain staff conditions. 6. REPORT REQUEST TO CONDUCT TEMPORARY FACILITIES ON SOUTHWESTERN COLLEGE PROPERTY AT EAST "H" STREET AND OTAY LAKES ROAD (Director of Parks & Recreation) >ulled from Consent Calendar. ~ND OF CONSENT CALENDAR 'UBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 7. PUBLIC HEARING PCC-88~32M: REQUEST TO EXPAND A MINI-WAREHOUSE FACILITY LOCATED AT 340 NAPLES STREET INVESTORS, INC. RESOLUTION 13808 APPROVING EXPANSZON OF THE MINI-WAREHOUSE FACILITY LOCATED AT 340 NAPLES STREET This being the time and place as advertised, Mayor Cox declared :he public hearing open. ]irector of Planning Krempl explained that the City Council, at :heir meeting of April 26, 1988, considered an appeal of a denial ~f a major use permit to expand an existing mini-warehouse at 340 3aples Street and was presented with revised plans and elevations ~nhancing the architecture of the proposed expansion. Council ~oted to continue the hearing on the appeal until the Montgomery ~lanning Committee had reviewed the new architectural design and lad an opportunity to comment. ~t the Montgomery Planning Committee meeting of August 3, the ~roject was reevaluated with the Committee voting 6-1 for ~pproval. The Committee concluded that the revised design ~ddressed the bulk of their concerns and provided a good transition between the commercial to the east and the residential to the west. inutes 6 - Uc~oDer i1~ i~ irecter Krempl recommended that Council adopt the Negative eclaration issued on IS-88-3M and approve the request to expand he mini-warehouse facility subject to certain conditions. n answer to the Council's inquiry Director Krempl explained that he item was continued from a previous meeting because one of the esidents who was opposed to the expansion was not notified orrectly of the time. The meeting started at 4 p.m. and his otice stated 7 p.m. This has been corrected and he has been otified and is present this evening. Ir. Dale Vizina, 354 Naples St., said he lives next door to this .peration and the expansion will increase the traffic on the buffer" which will be going directly by his residence. If they hange that ingress/egress, he would have no objection to the .xpansion. Ir. Don Lindberg, Attorney representing the applicant, stated that !ll parties have agreed to the expansion: the Montgomery Planning :omm~ss~on, the Planning Commission and staff. He added that this !se will not generate any additional traffic in the area - it will ,e a minimum amount of traffic. n answer to Councilwoman McCandliss' question, Mr. Lindberg ;tated that there will be landscaping along the fenced area. 'here being no further testimony either for or against, the public learing was closed. :ouncilman Malcolm questioned the type and amount of andscaping proposed and whether or not landscaping along the ,uffer of Mr. Vizina's property would be an acceptable condition :o the applicant. Mr. Lindberg stated it would be. ISUC (Malcolm/Nader) to amend the resolution to include a -equirement for a small landscaping buffer that would stop the :respassing of people crossing this particular person's individual ot, as well as some type of noise buffer. !ESOLUTION OFFERED BY COUNCILMAN MALCOLM, as amended, the reading ~f the text was waived by unanimous consent, passed and approved ~nanimously. 8. ORAL COMMUNICATIONS Opportunity for members of the public to speak to the City Council on any subject matter within the Council's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed five minutes. ~. Mr. Sheridan Hegland, 183 3rd Avenue, Apt. 720, representing the Library Board, stated the need for an Assistant City Librarian. Although it was not budgeted in the last fiscal year, he asked that Council consider the funding of this position. iinutes 7 October l|, I~ )SUC (Cox/McCandliss) to refer this to the City Manager and ask im to come back with an evaluation and report at the November 15 leeting. Paul L. Greene, Sr., 141 Lotus Drive, submitted what he termed confidential material which he is forwarding to the San Diego County District Attorney. It represents his claim in Small Claims Court which Judge has decided for a change of venue. Mr. Greene also referred to a newspaper article regarding "obnoxious" law-breakers receiving stiffer penalties and indicated that the some Councilmembers may b ~uilt of this School also. He mentioned the Sweetwater Union ~i g land purchase for $3 million, which Sweetwater took $1 million and the Council took $2 million. Mr. Green also asked that the Rumford Fair Housing Act be put back on the ballot for a vote and that he had some confidential matters to discuss with Councilwoman McCandliss. Councilwoman McCandliss said she would be happy to meet with Mr. Greene. :. Sue Miller, 46 Alvarado Place, representing the Chula Vista Library Board of Trustees invited the Council to the new Library patio opening on October 28 at 1 p.m. and commended Bob Sennett, Landscape Architect who worked on this project. Mrs. Miller also commented that since one of their Library Board members was not allowed to attend the Library Conference which was held in New Orleans this year, they are asking for funds to purchase four tapes from that conference which totals $107. Mrs. Miller also asked for support of Proposition 85 which is a $75 million bond issue. ~SUC (Cox/Malcolm) to refer the item of the purchase of the four :apes for the funding to staff. City Manager Goss responded that the Library Director informed him there are sufficient funds in her budget for this particular purchase. >ULLED ITEMS ~. REQUEST FOR SUPPORT OF PROPOSITION 97, RESTORING CAL-OSHA - Joseph S. Francis Executive Secretary-Treasurer, San Diego-Imperial Counties Labor Council, AFL-CIO, 4265 Fairmount Avenue, Suite 110, San Diego 92105 Fhis is a request from the San Diego-Imperial Counties Labor Souncil for support of Proposition 96, which would restore ]al-OSHA. It is recommended that Council support Proposition 97 since Cal-OSHA, when it was in existence, provided an agency which lelped protect safety at the workplace. 4SUC (Nader/McCandliss) to continue this item to the meeting of 3ctober 20, 1988. linutes - 8 - Uc~oDer II, I.~,~ i. REPORT COMPLAINTS OF LATE NIGHT NOISE AT LAUDERBACH COMMUNITY CENTER (Director of Parks & Recreation) ~. RESOLUTION 13809 APPROPRIATING $650 FOR THE PURCHASE OF A DECIBEL METER .. RESOLUTION 13810 AMENDING RESOLUTION 12343 REVISING THE RULES AND REGULATIONS GOVERNING THE USE PERMITS FOR CITY PARKS & RECREATION FACILITIES & ADOPTING SPECIAL RULES FOR THE LAUDERBACH COMMUNITY CENTER kt the September 6, 1988 City Council meeting, the Parks and ~ecreation Department submitted a report concerning late night ~oise emanating from the Lauderbach Recreation Center. This -eport was in response to complaints from tenants and the property qanager of the Oxford Park apartment complex, which is located 'mmediately east of the Center. At that meeting, the department >resented to Council a preliminary report which described "special ^ules" which could be implemented in order to minimize the >otential for similar complaints. The Council referred this item :o the Parks and Recreation Commission for comments. It its meeting of September 15, 1988, the Parks and Recreation ]ommission moved to accept five special rules and further ^equested that staff investigate a potential sixth provision of a 5300 bond for any activity scheduled to use the Center in excess >f 2 hours, to serve alcoholic beverages or to have amplified nusic. ;taff's recommendation was for Council to appropriate $650 for the >urchase of a decibel meter to monitor noise levels outside the >uilding during rental activities and amend resolution #12343 -evising the rules and regulations governing the use of permits for City Parks & Recreation facilities and adopt the SPECIAL RULES LAUDERBACH CENTER. ]ouncilwoman McCandliss commented that the purchase of the decibel neter sounds great in theory but she has concerns over its implementation. )irector of Parks & Recreation Mollinedo explained that with the }limination of a the sound after ll p.m. at the Center the number >f complaints will be reduced. 4SUC (Nader/McCandliss) to refer this item to the Montgomery >lanning Committee as well as the Parks & Recreation Commission, the question concerning the alcoholic beverage policy at the _auderbach Center. linutes - 9 - October ll, 1988 :ouncilman Nader explained he is suggesting a restriction of the iours for the consumption of alcohol at the Center. His intention s to get input from the Montgomery Planning Committee to see if .he Council is violating any promises made to the community if :hey place greater restriction on the alcohol beverages than what s being proposed. ~ouncilman Malcolm left the meeting at this time; 7:53 p.m. ~. REPORT ON REQUEST BY MR. DOUGLAS ADRIANCE FOR AN ALL-WAY STOP AT OLEANDER AVENUE AND EAST PALOMAR (Continued from meeting of October 4, 1988) (Director of Public Works) )leander Avenue is a north/south residential collector with a :urb-to-curb width of 40 feet. The Average Daily Traffic (ADT) is 3,910 vehicles per day. East Palomar Street is an east/west :ollector street with a curb-to-curb width of 64 feet. The ADT on this street is 1,980 vehicles per day. East Palomar Street intersects with the west side of Oleander Avenue, at the bottom of ~ hill to form a T-intersection Fhe subject intersection does not satisfy the City's criteria for ~ll-way stop controls. The intersection received 15 points out of ~ possible 50. The minimum points necessary before an all-way ~top is warranted is 30. Studies have shown that unwarranted ~ll-way stops could adversely affect the intersection's safety >erformance. The staff's recommendation was to not install an ~ll-way stop as requested. Staff further recommende'~'that to slow ~own traffic, solid 4" wide white edgelines between the travel lanes and the parking lanes of Oleander Avenue be added near the £. Palomar Street intersection. ~ouncilman Nader suggested this be continued for a full Council since there were only three members present and it would take a I/5ths vote to approve staff's recommendation. ~SC (Cox/McCandliss) to continue this item to the meeting of ~ovember 15, 1988 (Councilman Malcolm out). Souncilwoman McCandliss asked that staff contact the Girls Club ~nd Boys Club to get their input on this item. lO. RESOLUTION 13811 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BSI CONSULTANTS INC. FOR PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES FOR FY 88-89 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) Minutes - lO October ll, 1988 Due to the current level of construction activity in the City of Chula Vista,. it is impossible to provide an adequate level of inspection services with the current Engineering Inspection Section staff. This issue was addressed during the FY 1988-89 budget review process. At that time, City Council authorized staff to address this workload problem via contractual inspection services. B.S.I. Consultants were selected as the top firm for three reasons: they had the most experienced personnel; they better met the time requirements; and they had very reasonable rates. The estimated cost of this contract totals $34,400. Funds are included in the budget under Professional Services and will be reimbursed by developer's fees. Councilwoman McCandliss commented on the responsibility of having reliable building inspections. She reviewed the agreement which provides some fine level of service and expertise; however, it refers to "qualified personnel." She questioned how this inspection was going to take place as she was concerned that this firm may send out a person of lesser qualifications. Acting City Engineer Cliff Swanson stated that this is not an inspection for buildings. The inspections will be for sewer lines, water installations and street improvements in new subdivisions. Staff has reviewed the firm's qualifications and is familiar with their expertise in public works. Staff will work closely with the person assigned to this project. This person will work out of the office of the Public Works Department. City Attorney Harron explained the various aspects of the agreement and suggested Council may want to put in a condition whereby they would allow the Director of Public Works to approve any substitution of the person assigned to this project. MSC (McCandliss/Nader) to offer the resolution with the amendment to the agreement to specify {1) the person to be employed or utilized by this contract; and (2) to include a statement that if that person should be replaced in the system for any reason, that the replacement be subject to (Council's) approval (Councilman Malcolm out). 13. ORDINANCE ADDING CHAPTER 2.52 TO THE CHULA VISTA MUNICIPAL CODE REGULATING CAMPAIGN CONTRIBUTIONS - FIRST READING (City Attorney) The proposed ordinance would initiate a $250 campaign contribution limitation in City elections and would allow contributions from individuals only. There will be some costs associated with enforcement by Special Counsel but the amount would depend on the number of complaints. This cost will be offset to some extent by the forfeiture of excess contributions. ~SC (McCandliss/Nader) to continue this item to the meeting of November 15, 1988 (Councilman Malcolm out). Tinutes - ll October ll, 1988 4. REPORT REGARDING REDUCTION IN THE AMOUNT OF NATURAL GAS BURNED AT THE SOUTH BAY POWER PLANT {Principal Management Assistant) it its August 16, 1988 meeting, the City Council requested a :ollow-up to a newspaper report that Southern California (SoCal) ]as was reducing gas sales to San Diego Gas and Electric (SDG&E). ~ouncil expressed concern that this reduction might result in an ncreased use of oil at the South Bay Power Plant {SBPP). Council llso indicated that there had been a previous agreement with San )iego Gas & Electric which included a commitment from SDG&E ^egarding the type of fuel that would be burned at the SBPP and ~equested staff to explore the contents of this agreement. In a written report to Council, Principal Management Assistant >opek stated there appears to be no record of an "agreement" on the type of fuel to be burned at the plant. Permit requirements are such that all boilers at SBPP are designed to burn cleanly, regardless of the type or amount of fuel. Air Pollution Control ~istrict (APCD} officials feel that the current emission monitoring system for the boilers and ambient air quality monitoring in the area provides the best coverage for determining the effect of any changes. According to the APCD, a recent review of air quality data for the period in question indicated negligible effects even though the amount of oil burned was increased dramatically. The APCD will continue to monitor this situation to insure ongoing compliance with air quality standards. Mr. Pat Barajas, 375 J Street, Chula Vista, stated that he has a nice home and has recently had to start cleaning out his eaves again because of the emission of the black particles coming from the plant. At one time, the Air Pollution District people came to his home and told his that this black dust was coming from the freeway and not the SDG&E plant. Mr. 8arajas stated that was not true; when the plant started burning natural gas some years ago, he did not have any problem for three or four years and now that they are burning oil, he is again having problems with the emmission. Pau Sidhu, representing the APCD, reported to Council that their Board has spent a considerable amount of money and even hired a consultant in 1982 when they received complaints from this community regarding the SDG&E plant. As a result, they imposed some conditions on the plant forcing them to burn natural gas and only to burn oil in cases of emergency. SDG&E complied with those conditions. APCB conducted further studies in 1987 and found no public nuisance of the plant in this community. ~linutes 12 - October ll, 1988 Council discussion followed with Mr. Sidhu regarding the APCD having final authority on the power plant's emission control; the standards for the clean air; the number of barrels of oil burned in 1982 as compared to what is being burned today; explanation of the two sets of standard one for the area around the plant and one away from the plant; the Federal standards as compared to the County's regarding ambient air quality; notification to the Council of the power plant's switch from gas to oil. Mr. Buzz Schott and Jerry Kanes, representing SDG&E, stated that the company prefers to burn natural gas as much as possible; however, to reduce the rates, they burn oil whenever they can as long as it is clean and available. Mr. Kanes noted the number of modifications done to the plant in the early 80's which renovations came up to the "7 figures." He added they would be happy to meet with Mr. Barajas and again inspect the dust particles at his house and even have some lab work done on them. MSC (Cox/McCandliss) to accept the staff's recommendation (file this report) and to encourage SDG&E to meet with Mr. Barajas regarding his complaint and that a letter to be sent to SDG&E recognizing their interest in cutting down the cost but at the same time, recognizing that although it may not be adverse to the standards or health hazards, the fallout from oil burning does have an impact on the community and to keep (the oil burning) down to an absolute minimum (Councilman Malcolm out). AMENDMENTS TO MOTION Councilman Nader asked that the following amendments be accepted into the motion: 1. That the APCD notify staff promptly not only when standards are exceeded but also of any appreciable increase in emissions. 2. To make sure it is understood by City staff and APCD staff that it is Council's direction that this situation be continually monitored and that Council and staff be notified at any time there is anything going on that is going to appreciably affect the level of emissions whether or not a Federal or State standard is going to be violated as a result. Councilman Nader then asked the gentleman from the APCD whether they contact hospitals and other heal facilities regarding cardiac/pulmonary problems during times of air pollution. Mr. Sidhu stated they do not; however, they do contact these agencies of smog alerts when the emissions rise to a certain level. linutes - 13 October ll, 1988 :ouncilman Nader proposed a third amendment: to direct staff to :ontact the local, regional, and federal agencies to ascertain if ~ny data (from the type just described) concerning fluctuations ~nd the rate of cardiac/pulmonary illnesses. If none have :ompiled this data, then staff is directed to contact the local ~edical providers and ask them if they can assemble such data and >rovide this to Council. layor Cox stated he would go along with including the first and second recommendation into the amendment; however, he would prefer to have the third voted on separately. Souncilwoman McCandliss agreed remarking that she sees a lot of 3roblems involved in the third amendment and would like to discuss this with Councilman Nader prior to putting this on a vote of the Souncil. ~r. Schott, SDG&E, said he is a member of the American Lung Association and as a member, he will relate this to the Board. Councilman Nader asked that the City Clerk docket his third amendment for the Council meeting of November 15. 16. REPORT REQUEST TO CONDUCT TEMPORARY FACILITIES ON SOUTHWESTERN COLLEGE PROPERTY AT EAST "H" STREET AND OTAY LAKES ROAD (Director of Parks & Recreation) At the Council meeting of January 5, 1988, staff was requested to review the cost benefit of entering into a Joint Powers Agreement (JPA) with Southwestern College and the U.S. Navy to construct temporary athletic facilities on College property. The Director of Parks & Recreation reported the City would be required to appropriate $129,150 to fund the project if the Joint Powers Agreement is approved and no changes in the landscape plan are made. Staff time for the weekly clean-up, scheduling of activities and general supervision of the area will be minimal. He recommended Council approve the project in concept and direct staff to negotiate a final Joint Power Agreement with Southwestern College. Councilwoman McCandliss indicated she was not clear from the staff report as to what is trying to be accomplished. City Manager Goss explained that about one year ago Council discussed this joint effort as an interim use. It is not a park it will be a field that will be available for soccer, baseball and so forth. Councilwoman McCandliss stated she could support this in "general concept" but she does have concerns that it would not be just a temporary use. She would like to see in the agreement an option of having the use less than five years if that would be agreeable to the College and a clause for negotiating an extension. MSC (McCandliss/Cox) to accept the staff recommendations (Councilman Malcolm out). Hnutes - 14 - October 11, 1988 Ir. Paul Greene, Sr. stated he is concerned with this Joint powers ~greement. He asked, "if the $129,150 commitment requested of ~hula Vista be requested prorately from other cities under the ~outhwestern College District umbrella and if not, why not?" 9. REPORT OF THE CITY MANAGER ~. Scheduling Council meetings City Manager Goss stated there will be no meeting scheduled for next Tuesday, October 17 because of the Council's attendance at the League of California Cities Conference in San Diego. There will be scheduled an adjourned regular meeting of the City Council on October 20 following the Redevelopment Agency meeting at which time he will place on the agenda any time-sensitive items. On October 27, there will be a Council workshop on the drug enforcement problem. The City Manager stated that generally, conferences are held on the fourth Thursday of each month; however, those dates in November and December fall into the holidays so he is recommending the second Thursday of the months (November 10 and December 8) be substituted for the regular workshop dates. He suggested the November 10 date include options for the Civic Center Master Plan and the MTDB Landscape Project along the trolley lines. He also suggested that the Growth Management Issue be considered in December. There is an agreement to hold a joint meeting with the Board of Ethics on November 17. Councilman Nader suggested scheduling the conferences after the Redevelopment Agency workshops which meet on the third Thursday of each month. Councilwoman McCandliss asked that the Growth Management workshop not be postponed too long. 20. MAYOR'S REPORT a. Mayor Cox referred to the memo in the Council packet regarding Waste Recycling Project and urged staff to pursue that. City Manager Goss stated that his staff is in contact with the people in Sacramento and will file the application by the deadline date of October 14, 1988. b. Mayor Cox announced that Founder's Day will be held on Saturday, October 15 with the Fiesta de la Luna Parade in the morning and activities at Memorial Park in the afternoon. tinutes - 15 October ll, 1988 :. Mayor Cox noted that an EastLake site, along with a United Enterprises site is being proposed for the Olympic Training Grounds. A final decision will be made on which site the Olympics will choose on November 12, 1988. 1SC (Cox/McCandliss) to refer the EastLake site to staff for an ~valuation and to incorporate that particular site in the City's ~eneral Plan review (Councilman Malcolm out). ~. Mayor Cox Cox announced that midnight tonight is the last time N to register to vote for the ovember 8, 1988 Presidential General Election. He stated registration cards are available in the lobby and at the Police facility. ~. Mayor Cox referred to an article which appeared in the San Diego Union regarding the County allowing the dumping of raw sewerage. He stated that two sites maintained were in Chula Vista - both around the "G" Street area. ~SC (Cox/McCandliss) to refer to staff to come back with a more detailed report to Council on what is being done (Councilman lalcolm out). f. Mayor Cox noted that at the last CityTour, Council noted a number of City owned properties. '~SC (Cox/Nader) to refer this to staff for a report as to an inventory of the City-owned properties and what, if any, sites may 3e appropriate for some type of utilization (Councilman Malcolm ~ut). 51. COUNCIL COMMENTS 2. Councilman Nader noted that there are a number of political signs installed around the City which are in violation of the City's code. He indicated that perhaps the candidates were not aware of the City's requirements on campaign signs. tSC (Nader/McCandliss) to refer this to staff for a report on what is being done as to making the candidates aware of the City's regulations and the enforcement of political signs, and whether any amendments to the sign ordinance should be made to make it ~ork (Councilman Malcolm out). >. Councilwoman McCandliss referred to the memo from the City Attorney regarding the hours of operation at the "F" Street Bookstore. He stated that Council must make certain findings to limit the hours open for business. She noted the Council did not have to make any findings regarding the cardrooms or any other types of businesses in the City and questioned this opinion. City Attorney Harron declared it was not so much findings but facts that have to be found in order to limit hours of operation. ~inutes - 16 October ll, 1988 Councilwoman McCandliss stated she has concerns that this store is allowed to stay open and operate for 24 hours a day and asked that this item be set for a future City Council meeting for Council's consideration. c. Councilwoman McCandliss submitted documents pertaining to the San Diego Hospice. Since this is an off-docket item she asked that it be considered. ~SC (McCandliss/Nader) to consider the San Diego Hospice request since this item came up after the agenda had been prepared (Councilman Malcolm out). Councilwoman McCandliss submitted documents explaining that San Diego Hospice is requesting that the Department of Health Services waive certain requirements and grant them a license as an acute care facility. Current law requires that licensed hospitals provide surgery and anesthesiology on site; since these are expensive components to build and operate, Hospice cannot provide that service and are asking that this requirement be waived. MSC (McCandliss/Nader) to send a letter to the individual responsible and to the State to support the building of the Hospice facility and waive the requirements in order to grant them a license as an acute care hospital (Councilman Malcolm out). d. Mayor Cox wished Councilman Nader a Happy Birthday. ~SC (Cox/Nader) to recess to Closed Session to consider potential litigation (Councilman Malcolm out). The Council recessed to Closed Session at 9:10 p.m. ADJOURNMENT AT 9:30 p.m. to the adjourned meeting following the Redevelopment Agency meeting on October 20 at 4 p.m. and to the regular meeting of October 25, 1988 at 7 p.m. City ClerJ~ula~'/2~'~'''~~j 2345C