1977-01-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - JANUARY 18, 1977
The meeting convened at 7:30 o'clock p.m. with President Corica presidfn?, The Pledge of
Allegiance was led by Vice Mayor Beckam and was followed by a moment of silent prayer.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5),
were noted present. Absent: None.
MINUTES:
I. The minutes of the repu]ar meetings held December 7 and December 21, I976, were approved as
submitted.
WRITTEN COMMUNICATIONS:
2. From Mr. Paul R. Ekstrom, 1826 Clinton Avenue, concerning Estuary parking area in vicinity of
Mariner Square.
The communications was referred to the Traffic Advisory Committee.
3. From Mrs. Ddrin2 M. Banda, 9I9 Del Mar Avenue, expressing opposition to site on Westline Drive
at Eighth Street for proposed Senior Citizen Center,
President Corica reported the Council had awarded a contract at the last meeting for a site study
Of the property on Westline Drive and Eighth Street.
President Corica also related he had been informed by the publisher of the Alameda Times-Star that
the Lippert family was planning to offer the city an opportunity to purchase the Alameda Theater.
4. From Mr. Joseph M. Sullivan, 3221 Liberty Avenue, reCOmmend1nn legislation rfOring buyer notifi-
cation if proposed home purchase is located on private street.
Mr. Sullivan elaborated on his written request and urged the Council to work to make a statewide law
requiring the buyer be informed the property is located on a private street, particularly in the case
Of properties being sold again a number of years later.
It was the consensus of the Councilto support Mr. Sullivan's request and they referred the matter
to the City Attorney to determine the status of current legislation.
On question from Councilman Hurwitz, the City Attorney explained how the new Planned Development
Ordinance stated streets would be public unless the developer could show that private streets were
essential to the design of the development. To further clarify the question, Planning Director
Patterson read Section 1I-I355.1/u\,
5. From Mr. James B. Davis, Attorney for Harbor Bay Isle Associates, regarding City Engineer-EBMUD
dispute over sewage capacities.
Following President Croica's explanation of the question, Councilman Sherratt moved the Council
tentatively support the City Engineer's position as the City's negotiating position and that staff
be directed to work with the developer and East Bay Municipal Utilities District to resolve
differences. Councilman Beckam seconded the motion and noted this action was reinforcing the action
and direction of the Council taken at the December 21, I976, meeting, The motion carried unanimously
on voice vote.
Following further discussion, City Attorney Stroud explained that the question of capacity must be
decided as each Tentative Map is considered because both the Map Act and the City's Ordinate require
findings that the development conforms to the General Plan and that it will not damage water quality.
6. From Harbor Bay Isle Associates, signed by Mr. Lynn C. Lee, Project Engineer, requesting
clarification of Council position regarding payment of electrical supplies and inStallatjOO.
On request, the City Manager reviewed action taken by the Council in August, 1975, which provided
a oOlicy direction to fund a portion of the cost of underproundfnq utilities along Island Drive;
and stated there was some quBCiOn on the oort of Harbor Bay Isle staff if this policy direction
also applied to Mecartney, inasmuch as Harbor Bay Isle Boulevard was no longer planned to be built.
He noted the present year's tax tax budget included provision for UndergrOunding utlities on Island
Drive, and suggested Council give prilicy support only for undergrounding Mecartney, subject to final
review and determination when the gas tax budget is looked at for revision, which will be sometime in
June.
Councilman Beckam offered the foregohq as a motion, which was seconded by Councilman Hurwitz and
carried unanimously on voice vote.
On question, Mr. Oscar Barry, Project Manager for HBI Associates, stated Island Drive was scheduled
to be paved sometime in March.
HEARINGS:
It was the consensus of Council that the appeal filed by Mr. Sam Enjaian for Tribune DistribUtbn
Center be considered out of order.
' 7. In the Matter of appeal filed by Mr. Sam Enjaian to decision of P]anOino Board denying Use
Permit renewal for Oakland Tribune Distribution Center at 1712 Lincoln.
Planning Director Patterson reported the application had been made originally to the Zoning Adminis-
trator, who had denied the application after holding a hearing in his office. He had submitted a
letter dated November 12 stating his decision and listing 13 findings. This decision was appealed to
the City Planning Board. The Board heard the appeal on December 6. The Planning Board's motion was
to uphold the Zoning Administrator's decision, to take effect April 1, 1977, to allow the Tribune
sufficient time to find another location. He stated one of the 'rime considerations of a use permit
was, did the use fit in with the neighborhood, were the conditions imposed appropriate and enforceable
and was the use a qoOdn2iqhbOr. He stated the applicant had been working to correct the conditions
existing at the time of the denial, and the quality of supervision was to be commended; however,
the use did not meet the provisions of the Zoning ordinance. He reported the applicant had been
unable to find an alternate location.
The Hearing was declared opened.
On the call for proponents, the appellants responded.
Mr. Dave Albright, home delivery manager for the Oakland Tribune, distributed some pictures of
the cleaned-up site and listed the steps the owner and the Tribune had taken to remedy the conditions
listed in the Zoning Administrator's letter. He stated they had been looking for but were unable to
find another location for a station drop. He asserted a station drop was much more favorable to
the carriers as it allowed fordoSe supervision and training. He stated the alternative was to
"group" drop the papers on street corners which would provide no dry place for the carriers to
fold oaperS and would allow for very little supervision aqd training. He requested the use permit
he permitted, or at least a trial period be grant2d. He answered the questions of the Council.
Mr. Sam Enjaian, 9512 Las Vegas Avenue, Oakland, Ow8er of the property, stated he had not been
informed of the damages prior to the time the use permit was denied. He stated the conditions listed
in the Zoning Administrator's report had already been corrected or would be corrected shortly.
Mr. Robert Meads, district advisor of the distribution center, responded to questions of the Council.
The following persons alsOTOk2 in favor of the appeal.
Mr. George Donatello, Sr., Dave Cookson, Arthur Peterson, Frank Ratto, Elizabeth Parker, Adrian
Penechetti, George Donatello, Jr., and Richard Teske.
On the call for opponents, Mr. Robert Jackson, 1601 Minturn, submitted a petition signed by 55
neighbors of the distribution center who were opposed to its continued use. He cited his concerns
as safety, the bikes and the noise. He commented the operation while the distribution center was
open was well run, but the center was a gathering place for the carriers and friends even when the
Center was closed. He stated the owner and operator had cleaned it up considerably, but charged
the use was inappropriate in this neighborhood.
The hearing was declared closed.
On question, Planning Director Patterson responded that, if the Council directed a trial period
was to be allowed, there were a number of conditions which should be placed on the use permit.
Following considerable discussion, Councilman Di3ment moved the use permit be extended to June 30,
1977, subject to the following conditions recommended by the Planning Director: 1) the carriers
to be supervised outside of the building; 2) the toilet and sink to be kept clean and usable;
bike racks should be provided within the building and kept off the sidewalk area; 4) a clear walkway
be kept open between the bikes at the building entry; 5) no person will ride a bike out of
the door onto the sidewalk or cross the street except at street intersections; 6)traffic caution
cones to be placed at the entry of the building during operating hours; 7) the parking issue to
be investigated through the Traffic Advisory Commission for loading zone, special hours or
limited parking; 8) no trucks to be parked on the sidewalk or backed up to the door of the
building; 9) the sidewalk to be kept clean; 10) the rear yard to he cleaned up and maintained and
the rear yard to be repaired; and 11) the damaged ceiling to be repaired. The motion was seconded
by Councilman Beckam and carried unanimously on voice vote.
It was noted the applicant would apply to the Planning Board for a renewal at the expiration of the
trial period.
A ten minute recess was called. Upon reconvening, the meeting proceeded with the regular order of
business.
8. In the Matter of Housing and Community Development Act application for I977-78.
President Corica commented this was the fifth of six hearings scheduled for this year's application.
On request, Administrative Assistant Robert Wonder summarized the npplfation which was divided into
suggestions and proposals made as a result of citizen input at various public hearings; suggestions
submitted by various City departments; and projects undertaken with previous HCDA funds which were a
continuous, on-going nature. He noted all eligible projects suggested totaled S6,I78,830 (not
counting $15 million necessary for a suggested solid waste disposal facility) and the level of funding
for 1977-78 was S95I,000. He said choices had been made utilizing guidelines established by HUD,
ABAG's expanded role in reviewing HCDA applications, the available funding level, and past City
Council directions as reflected in the first two Hmx applications. He reported the preliminary HCDA
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project proposals for 1977-78 were as follows: 77-1) Planning and General Project Administration;
77-2) Senior Center (continued from I976-77\: 77-3) Target Neighborhood Improvements (street
trees and landscaping); 77-4) Architectural Barriers-Public Streets (continued from prior year);
77-5) Site Acquisition/Utilization (continuation); 77-6) Housing Conservation Program (loan
system to assist in housing rehabilitation); 77-7) Housing Rehabilitation (AUSD Homes); and
77-8 (Contingencies.
The hearing was declared opened.
Mrs. Inez Kapellas, 1128 College Avenue, charged no provision had been made for historical preser-
vation, and urged Council to begin action to preserve A]am2da/S heritage.
Mr. Earnest Ellis, Chairman of the Mayor's Committee for the Handicapped, suggested a library
accessible to the handicapped be built, a sheltered workshop be established and an employment
study be done as a transportation system be established for use by the handicapped.
Mr. Bill Edmiston and Mr. Gene Laurel suggested a skateboard facility be established in a grtfOD
Of an existing playground. They stated a facility could be economically constructed with a minimal
amount of money.
Mrs. Martha Killebrew, Executive Director, Alameda Chapter of the American Red Cross, sUltitt2d
a written recommendation that the Red Cross building at 751 Eagle Avenue be reahabilitated and
expanded in order to better serve the needs of the community.
Mrs. Sue Matheson, Executive Director of Xanthos House, suggested funds be allocated to purchase
and renovate a house for the use of the Head Start program.
Mr. John Doherty, speaking for H.O.P.E. requested a Housing Referral Center be established and staffed
by a housing 5peCiali5t. He also SUggBted periodic informational meetings among various public
agencies and the public be scheduled in order to keep each other better informed. He expressed
opposition to the proposed location of the Senior Center and stated Lincoln School was being vacated
and was planned for use as an adult school center. He suggested senior citizen acitivites could be
included.
Mr. Cris Corpuz, President, United Pilipinos of Alameda, Inc., commented on the idean of a community
center and suggested that, since realization of the idea would be a long time off, perhaps neighbor-
hood centers could be established. He specifically suggested the now vacant Chief Petty Officer's
Club at the corner of Pacific and Central be utilized.
Mr. Wonder responded to each suggesting by notice all were elible for funding under the guidelines
Of HUD, with the exceptions of the Head Start center unless it could be shown to meet certain
conditions of the HUD requirements, a new library, the transportation system and the periodic public
agency meetings. He further stated modifications to an existing library to make it accessible
would be eligible. He also commented the Navy had not expressed any plans to diSpe of the
former Chief Petty Officer's Club. He further commented the historical preservation concenrs were
addressed by project No. 77-6.
On question about the flooding questions in the north end of Alameda, the City Manager responded
the Council, last year, had requested the Alameda County Flood Control District to undertake a
study of the problems concentrated in that area, including analysis of ways and means to correct
the condition. Hestated that study should be completed very shortly and seeking funding sources could
begin once the alternative solutions were known.
It was the consensus of the Council that the 5UgyeStiOD about a skateboard facility should be
referred to the Recreation Commission for their consideration.
The hearing was declared closed. President Corica announced the next hearing would he held on
February 15. 1977, to finalize the 1977-78 application.
9. In the Matter of Adoption of the Uniform Plumbing Code.
On request, Mr. Al Spadoni, Senior Plumbing Inspector, reported the Uniform Plumbing Code, 1973
Edition, had been adopted by the City Council after a public hearing held April 17, Iq76, and the
enacting ordinace became effective in 3ept8mber. He stated the Uniform Plumbing Code permits
ABS and PVC plastic pipe for waste DndVeOt use only in residential structures which are two stories
Or less. Mr. Spadoni then answered the questions of tht Council
On the call for prOp00Bt5, Mr. George Hess, representing the Plumbers and Gas Fitters Union, who
had requested the rehearing, introduced Mr. John Gorman, a director of research with the Cast Iron
Soil Pipe Institue.
Mr. Gorman stated he had done considerable research and charged the current standards did not protect
the consumer because of deficiencies which are not addressed in the standards. He stated there
was no provision to require stress refief or to reduce it s flammability and susceptibility to
corrosive liquids. He proceeded with a lengthy demonstration of his allegations.
Mr. Hess gave expmples of areas where problems have been experienced and suggested many problems
with plastic pipe will be experienced in the future, particularly on fill areas.
On the call for opponents, Mr. Andrew Sobhlok, representing Building Code Action, refuted the
remarks of Mr. Hess and urged the Council nctto make an arbitrary decision to amend the Uniform
Plumbing Code.
The hearing was declared closed.
97a
On request from Councilman Sherratt, the City Attorney recalled an opinion written by his office
at the time the Code was adopted, which stated that, in order to delete any portion of the Uniform
Code, the City would have to adopt findings the change was, in fact, based upon specific local
conditions which were distinguishable from conditions in other cities.
On request from Councilman Hurwitz, Assistant Fire Chief Harold Hathaway, Alameda Fire Department,
reported the Department had no major objections to using this type of material. He stated the use
Of plastic materials in mnay forms is widespread in most homes today; and the Fire Department
responded with appropriate equipment and methods to CU0bDtOfire with this type of material present.
After further discussion, it was the consensus of the Council that any evidence of special conditions
submitted to the city by the plumbing or building industries would be forwarded to the appropriate
Stalg commission for consideration.
10. In the matter of the proposal to rezone Alameda Municipal Golf Course (southeasterly of inter-
sections of Doolittle and Island Drives) from R-1, Single Family Residential District to 0, Open
Space District.
The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file.
The President declared the Hearing opened. On the call for proponents or opponents there was no
response. The hearing was declared closed.
Councilman Sherratt moved acceptance of the report and the ordinance be considered out of order.
Councilman Beckam seconded the motion, which carried unanimously on voice vote.
There being no objection, the 08eting proceed to "Introduction Of Ordinances".
INTRODUCTION OF ORDINANCES:
TT, Councilman Beckam introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Reclassifying and Rezoning Certain Property Within the
City of Alameda by Amending Zoning Ordinance No. 1277, N.S. (Alameda
Municipal Golf Course).
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: NOne,
The meeting returned to the regular order of business.
HEARINGS:
12. In the Matter of the proposal to rezone Godfrey Park from R-1, Single Family Residential District
to 0, Open Space District.
The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file.
The President declared the hearing opened. On the call for proponents or opponents there was no
r2sp0n8e. The hearing was declared C]0sed.
Councilman Beckam moved acceptance of the report and the ordinance be considered out of
Order. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote.
There being no objection, the meeting proceeded to "Introduction of Ordinates".
INTRODUCTION OR ORDINANCES:
13. Councilman Hurwitz introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Reclassifying and Rezoning Certain Property Within the
City of Alameda by Amending Zoning Ordinance NO, 1277, N.S. (Godfrey Park)
The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes:
Five. Noes: None, Absent: None.
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
14. From the Planning Board, sinned by the Secretary, making recommendation on Tentative Map for
Tract 3598 for Village 1 in Harbor Bay Isle development.
Councilman Beckam moved the amendments to Tentative Map for Tract 3598 for Village 1 be approved,
subject to the conditions and findings listed in the report from the Planning Board. The motion was
seconded by Councilman Sherratt and carried uDaim0U3ly on voice vote.
�� ����/�
15. From the Planning Board signed by the Secretary, making recommendation on Tentative Mpa for
Tract 3713 for development of a shopping center, community center and neighborhood park in Harbor
Bay Isle development.
Councilman Hurwitz moved Tentative Map for Tract 3713 be approved, subject to the conditions and
findings listed in the report from the Planning Board. The motion was seconded by Councilman
Sherratt and carried unanimously on voice vote.
16. From the Assistant City Manager and Assistant City Audttor, submitting report of Count of
Money held November 17, 1976.
Councilman Hurwitz moved the report be dccept8d. The motion was seconded by Councilman Sherratt
and carried unanimously on voice vote.
17, From the Assistant City Manager, concerning sale of City-owned properties.
Councilman Sherratt moved acceptance of the report and adoption of the recommendation to invite
and receive proposals for the sale of the Holly-Oleander site and the former Post Office building.
On question from Councilman Diament, Planning Director Patterson reported the Holly-Oleander site
was originally a part of the Carden Isle development. City Manager Goss stated that the developer
had had the option to pay the dwelling unit tax or dedicate land in lieu thereof, and that he had
chosen the later even though without regard to park location, park size or anything else that
would related to the Open Space Element of the General Plan. Planning Director Patterson responded
the allowable density of the development would not be altered.
Councilman Hurwitz stated he had discussed the question with his neighbors and reported there was
little objection to the sale provided they had Some control over what was built there. He suggestod
the proceeds from the sale be set aside for exclusive use in Godfrey Park. It was the consensus
Of the Council that the money uld be deposited in the Park and Recreation Fund, with expenditures
from that fund to be determined by the Council.
Councilman 8eckam seconded the motion, which carried unanimously on voice vote.
UNFINISHED BUSINESS:
18. Consideration of appointment of public representatives tDC1ty Manager Traffic Advisory
Committee.
President Corica placed in nomination the name of John Barni, Jr. The nomination was seconded by
Councilman Sherratt and carried unanimously on voice vote,
President Corica placed in nomination th20me of Ross Jeffrey. The nomination was seconded by
Councilman Diament and carried unanimously on voice vote.
The City Manager was directed to follow through.
19. Consideration of appointment of Commissioner to Housing AuthUritV,
President Corica placed in nomination the name of William (Billy) Trujillo. The nomination was
seconded by Councilman Sherratt and carried unanimously on voice vote. The City Attorney was
directed to prepare an appropriate resolution for consideration at the next regular me2tiO?.
RESOLUTIONS:
20. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8655
A Resolution of the City of Alameda, California, in Commendation and
Support of the United States Corps of Engineers in the Shoreline Erosion
Demonstration Program."
The motion was seconded by Councilman Diament and carried on the following r0]] call vote. Ayes:
Five. Noes: None. Absent: None.
21. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8656
Approving Conflict of Interest Codes for: Department of the City Clerk,
Personnel Department, Pension Board, Civil Service Board and Police Department."
The motion was seconded by Councilman Hurwitz and carried on the following roll Ca]] vote. Ayes:
Five, NOes: None, Absent: None.
22, "Resolution NO.
Expressing Appreciation to Mrs. Florinda Bartalini for Her Contributions
to the Community."
President Corica announced Mrs. Barta]iDi was out of town and suggested consideration of the resolution
be postponed until her return.
Councilman Beckam moved the resolution be tabled until the next regular meeting. The motion was
seconded by Councilman Sherratt and carried unanimously on voice vote.
23- The following resolution was introduced by Councilman Hurwitz, who moved its adoptiON;
"Resolution No. 8657
Authorizing Execution of Agreement with Joanne Auerbach for Personal
Services." (Associate Planner Under HUD 701 Program)
The motion was seconded by Councilman Sherratt anc carried on the following roll call vote. Ayes:
F0ur, Noes: President Corica, (1). Absent: None.
The President declared the foregoing resolutions adopted.
INTRODUCTION OF ORDINANCES:
24. Councilman Beckam moved the following ordinance be introduced and passed as an urgency ordinance:
"Ordinance No. 1848,
New Series
Amending the Alameda Municipal Code by Adding Section 17-3310 to
Article 3, Chapter 3, of Title XVII Thereof Establishing Vision
Safety Zones." (Urgency Ordinance)
The motion to introduce and pass the ordinance was seconded by Councilman D1a0ent and carried on the
1bllowfOg roll call vote. Ayes: F1V8, Noes: None. Absent: None.
ORDPANCES FOR PASSAGE:
25. "Ordinance No. 1849,
New Series
Amending the Alameda Muni lD] Code by Adding Article 4-E to Chapter 1
Of Title XI Thereof Defining and Regulating Adult Entertainment Activity."
Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Councilman
Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None.
26' "Ordinance No. 1850,
New Series
Amending the Alameda Municipal Code by Repealing, Amending and Adding
Certain Sections to Article 1, Chapter 3, Title XI Thereof, Relating to
Rules and Regulations Governing the Planning and Subdividing of Land and
the Filing and Approval of Subdivision Maps,"
Councilman Beckam moved the Ordinance be passed with Section 11-3110 amended as recommended in the
City Attorney's memos dated January 13 and January lR. The motion was seconded by Councilman
Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
The City Manager noted the Planning Board had requested the ordinance be deferred pending their
review. The Council directed the Planning Director to convey to the Planning Board that the ordinance
had been adopted as amended at this time, but further changes and concerns could be considered by
the Board.
8IL[S:
27' An itemized !1st of Claims against the City of Alameda and the Departments thereof, in the total
amount of SI29,953.25 was presented to the City Council at this meeting. The List was accompanied
by certification from the City Manager that the claims shown were correct.
Councilman Beckam moved the bills as itemized in the List of Claims filed with the City Clerk on
January 18, 1977, and presented to the City Council at this date be allowed and paid. The motion
was seconded by Councilman Sherratt and on roll call vote carried by unanimous vote.
OPAL COMMUNICATIONS, GENERAli
28, Mrs. Darlene Banda, 919 Del Mar Avenue, spoke regarding her letter which had been received under
Written Communications. She expressed his disappointment the Council had not responded directly to
the concerns expressed in her letter. She suggested the site study plan be cancelled.
After discussion, it was the consensus of the Council that the purpose of the site plan study was
to consider the concerns raised by Mr5. Banda, along with other concerns, in order to evaluate any
proposed Senior Citizen site.
29. Mr. Joseph Sullivan suggested that the Council, because of the reactions he had read in the
newspaper and the concerns expressed by Mrs. Banda, cancel the site study contract and investigate
some other spot.
City Manager Goss stated the site study concerns and needs, as in the Police Headquarters study, could
be utilized should mother site be selected.
287
30. Mrs. Amey Stone, 1623 High Street, requested the Council to consider designating High Street
one-way from Encinal to Fernside and cited the traffic problems being encountered by residents of
High Street.
On request of the Mayor, the Planning Director and City Manager again related the status and pro-
cedures to be followed in considering the Combined Land Use Open Space and Circulation Element.
Councilman Hurwitz moved the one-way designation for High Street be referred to the Traffic
Advisory Committee. Mrs. Stone requested the Committee be directed to respond at the next Council
meeting. After considerable further discussion of High Street traffic problems, the applicable
element of the General Plan and the composition of the Committee, City Engineer Hanna stated the
Committee could hold a special meeting, consider the recommendation and bring the result of that
consideration to the Council at the next meeting. At the direction of President Corica, the
Clerk polled the Council, who unanimously directed the Traffic Advisory Committee to consider
the suggestion, and report to the Council at the next meeting.
Mrs. Stone then read a letter she had received from R.E. Graham, Department of Transportation,
which stated they had no plans for improvement of Route 61, and that Fernside Boulevard did not
come under the jurisdiction of the State.
FILING:
31. Agreement between City and Joanne Auerbach for Personal Services - HUD 701 Program.
32. Financial and Operating Report - Bureau of Electricty, for month ended November 30, 1976.
ADJOURNMENT:
33. There being no further business to come before the meeting, the Council ladjourned at 12:34 a.m.
to assemble in regular session on Tuesday, February 1, 1977, at 7:30 p.m.
Respectfully submitted,
Deputy City Clerk