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1970-11-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING - - - - - NOVEMBER 3, -1970 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman McCall and was followed by a most inspiring Invocation delivered by The Reverend Darrel McCor el l , Pastor of the First United Methodist Church. ROLL CALL; The roll was called and Councilmen Fore, Longaker, McCall and President La Croix, Jr., (4), were noted present. Absent: Councilman Levy, (1). MINUTES: 1 The minutes of the regular meeting held October 20, 1970, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. V From forty -six parents of Woodstock School Children, living in the Navy housing, requesting that traffic safety measures be taken at Fifth Street and Atlantic Avenue. Councilman Longaker stated he had visited the general area at noon on this date and observed that children from Woodstock School crossed Atlantic Avenue at Third Street, where there was a traffic signal and a traffic mother seeing to the safety of the small children. He said he had discussed the matter with the School Principal. It was believed there was no real problem with regard to Woodstock School pupils, but with older students from Encinal High and Chipman Schools crossing Atlantic Avenue and if these young people would take advantage of the signal at the corner of Third Street and Atlantic Avenue they could cross as safely as the younger children. It was directed that the matter be referred to the Traffic Advisory Committee for study and report. 3. k From Mrs. Gerarda Ramos and Mrs. Ofelia Fortuna, 454 and 452 Haight Avenue, respectively, requesting that an electric light be installed on a pole in front of their homes. City Engineer Hanna, on request, stated 'it would appear that lights had been omitted by accident in the area whereas, actually, they had been intentionally left out. He said the City had standards to which i t attempted to adhere in order to be consistent and still provide reasonable lighting. He said at the time the lights had been placed in the area under discussion the standard was not to exceed 250 feet between lights. If the poles were spaced in such a way that the lights would be closer than 250 feet apart and there was an intermediate pole, the light would be omitted from that pole. Mr. Hanna stated there was a number of similar situations in the particular area and many times a request is received for the reason that the light is missing and there is also a street tree at the spot, making the particular location quite dark. In the case in question there was no street tree so he felt the condition might not be as serious as one in the next block. Mr. Hanna stated after the entire community has been relighted, he would think these gaps would be filled in; however, there were still large areas of the City which had not yet been relighted at all, so filling in single spots seemed to be going overboard somewhat. It was stated, with regard to the reference to accidents and robberies in the area, that there was no know- ledge of such incidents. It was directed that the matter be referred to the City Engineer for study and recommendation. 4. From the Division of Highways, State of California, signed by Mr. W. A. Sloane, Supervising Right - of -Way Agent, with regard to the , City's acquisition of State lands in connection with future widening of the Posey Loop. Mr. Hanna, on request, stated when the Webster Street Tube was constructed and the particular section of Webster Street was made a freeway, the service roads to the side and back of the Tubes' portal buildings were considered to be local streets. In the Freeway Agreement signed some years ago it was agreed that the State would relinquish control over these service roads and the City would assume maintenance and control thereof. The particular service road under discussion was on the west side of the Tube. It was relatively narrow and long-range plans called for widening of the right -of -way. Mr. Hanna stated at the time the first notice had been received from the State that it was about to relin- quish the area, the City had informed the Division it would like to have additional right -of -way and had been advised the State would be happy to provide as much as possible at the City's expense. He said the State owned about 40% of the frontage and the remainder was owned by the Federal Government. It would be possible to acquire from the State what was needed in the way of a full right -of -way and then the. City would have to work with the Federal Government on further widening. It was directed that the matter be referred to the City Engineer, 5. At this time, President La Croix introduced and welcomed back from Lidingo, Sweden, Alameda's Sister City, Miss Joan King, Alameda High School student, who had represented the City in the exchange student Program during the summer. He congratulated Miss King on the excellent job she had done for the students of the City and for Alameda High School, after competing successfully with a "large field of outstanding students from the four high schools. He expressed the pride of all in her attainment. Miss King expressed great appreciation for the opportunity to spend several weeks as the City's representa- tive in Li di ngo and commended the City very highly on the exchange student program. She submitted a suggestion that, if possible, the time of the visit to Sweden be set later in the summer, possibly from mid -July to early September. This would provide the opportunity to observe a school in action. She also suggested that the successful candidate be informed as soon as possible of his or her selection in order to provide additional time to prepare for the trip. President La Croix invited Councilman McCall, the Chairman of the City's Sister City Program, to comment. Councilman McCall stated work with the committee on this program made him very proud of the young people involved. He said the choice was made on the basis of the letter submitted by the young man or young lady and their expressiveness before the committee, that the selection was extremely difficult because of the number of fine young people applying. He remarked that the work was carried on by means of private contri- butions and expressed appreciation to former Mayor William S. Godfrey for the work he had done to support the program. Councilman McCall also acknowledged with thanks and commendation the communications received; from Miss King, her family, the City of Lidingo and Mrs. Helen Hoeksema, Vice Principal of Alameda High School, and said the City was very fortunate to have Miss King as its representative for 1970. Councilman McCall pointed out that in 1971 a student would be coming to Alameda from Lidingo and the follow- ing year a youngster would make the trip to Sweden in return. ORAL COMMUNICATIONS, AGENDA: 6. Mr. Melvin Kahn, 467 Central Avenue, addressed the Council and complained that he had submitted a letter shortly before noon on Friday, October 30, 1970, with the specific request that it be included on the agenda of this meeting under "Written Communications" President La Croix explained the matter was listed under "Unfinished Business" for the reason that the Council had requested a report from the City Attorney and the City Engineer on the subject of his complaint with regard to a fence and gate across Mecartney Road approximately at "C" Street, and this would be the normal method of handling the matter. Mr. Kahn stated he had spent a great deal of time investigating the matter to determine the status thereof and had been informed that the study had not been started. He said he therefore felt his letter was in order. On his inquiry, there was discussion as to the proper procedure in submitting items for Council, consideration. President La Croix assured Mr. Kahn that his request was not being overlooked. City Attorney Cunningham explained further the procedure with regard to agenda items. REPORTS AND RECOMMENDATIONS: 7. From the City Manager, reporting all work satisfactorily completed on the project of Resurfacing of Santa Clara Avenue from Fifth Street to Webster Street, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Fore moved the recommendation be followed, that all work on the designated project be accepted and the Notice of Completion be filed. Councilman McCall seconded the motion which carried on the follow- ing roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 8. V From the City Manager, recommending contract be awarded to Cavanaugh Motors, low bidder, for furnish_ ing four Sedans for the Police Department at the price of $10,932.70. Councilman Longaker moved the recommendation be adopted, that the contract be awarded to the designated company for furnishing four Sedans for the Police Department at the price quoted. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. UNFINISHED BUSINESS: 9. Brought up at this time was the matter of the communication from Mr. Melvin Kahn, 467 Central Avenue, requesting that the Council authorize the City Engineer and the City Attorney to forward to him as soon as possible reports they had been asked to prepare with regard to the removal of the fence and gate across Mecartney Road at approximately "C" Street, as requested by Mr. Kahn at the last regular meeting of the Council A report had been received from the City Attorney, with a memorandum from the City Engineer attached explanation of this situation. Mr. Cunningham, on request, stated he and the City Engineer had undertaken the investigation. A title search had not yet been made but one could be obtained if the Council felt it was justified. Inspection of the records indicated that the property under discussion was privately owned and the road was not a public one, not owned by the City in fee nor did the City have an easement for road purposes. He said the road did not exist on the City's inventory of streets and the City did not maintain, repair or control it. Accordingly, the obstruction, if such it was, was not a public nuisance. Mr. Cunningham stated he had therefore recom- mended to the Council that it was not abatable by the City civilly or criminally. The remedy provided to Mr. Kahn was set forth in the Code as a private, civil matter between Mr. Kahn and the one alleged to be maintaining the nuisance, namely Utah Construction & Mining Co. He stated that no public nuisance, as defined in the Code, existed. Mr. Cunningham further explained that if the Council should wish the gate removed in the interest of the public or otherwise, he believed Utah would remove it. He said Utah did not claim to own the road, although it owned Parcel 14 south of the extension of Mecartney Road, along with other private owners, and it had extensive holdings to the north. He said the reason for the maintenance of the gate was set forth in the City Engineer's memorandum attached to his opinion and that Utah would be happy to move the gate back on its own property. He said Utah felt, however, that it was protecting Parcels 14 through 18, of which Mr. Kahn was one of the owners. If that solution was unsatisfactory, as he had pointed out, Mr. Kahn's remedy would be a civil one. Mr. Hanna, on question, stated he had had no indication from the owners of the adjacent parcels that they would like to have the subject gate remain as a protective device. President La Croix expressed the thought, with all deference to Mr. Kahn's position, that it would be in the best interests of the other parcels in the area to allow the gate to remain, as it seemed to serve a definite purpose in keep- ing out nuisances and also to protect some of Utah's interest in adjoining properties. Councilman Fore questioned whether removal of the gate to another location would create a nuisance. Mr. Cunningham said the letter from Utah's Project Manager, Mr. Lynn Lee, stated the gate was of great assistance in reducing the possibility of children falling into the drainage ditches or being hurt on construction equipment - incidentally, the gate, just under seven feet high, covered only the travelable portion of the unimproved roadway. Mr. Lee stated it was also an aid in controlling certain nuisances such as the dumping of trash, abandonment and stripping of cars, et cetera. He said no one lived beyond the gate and the only normal activity beyond it, other than Utah's, was the vegetable farm operated by Mr. Ratto, whose employees and owners of the plots of land he farmed generally used the access provided by a road running south, just east of the gate. He said Mr. Ratto had a key to the gate so that he had access and could afford access to any of the fee holders of the land he farmed by the route protected by the gate, should the need arise in the operation of his farm. Mr. Lee stated Utah wished to keep the gate locked only during non-business hours, both as a safety precaution for the ever-increasing number of children on Bay Farm Island and as a control to aid the prevention of activities previously mentioned. Mr. Cunningham stated Utah had offered to supply further ownership evidence but, he said, frankly he was satisfied that the City did not own the road. Councilman Fore suggested.that Mr. Ratto could furnish Mr. Kahn with a key to the gate. He expressed approval of the gate remaining to prevent the nuisances and hazards mentioned. Councilman Longaker pointed out the report from the City Engineer indicated that aerial photographs taken in 1953 showed a gate approximately 500 feet west of the present gate. In view of the fact that Mr. Lee did not claim the property belonged to Utah, he questioned the reason for having the gate at its present location in the first place. He said he could understand Utah's purpose in keeping people out because of the nuisances set forth, but he wondered how much of a difference it would make to Mr. Kahn if the gate were moved back. Mr. Kahn was invited to comment. He said he felt he was working under a terrible handicap as he did not have information which he felt he should have He said he had found by accident on this date that the City Attorney had submitted a letter to the City Council suggesting the denial of the abatement of this nuisance. President La Croix pointed out it had been requested at the last meeting that a report be submitted to the Council on this subject by the City Attorney and the City Engineer. Mr. Kahn stated he had been under the impression that no investigation had been started, and he felt his letter was pertinent as he asked that the reports be sent to him in order that he might appear and speak intelligently to the Council. He therefore requested that the Council act upon his letter first. President La Croix stated he felt it had been the intent of the Council to make the information available to Mr. Kahn and he suggested this be done. This was agreeable and it was so ordered. Mr. Kahn requested the opportunity to present questions. On approval, he submitted inquiries with regard to the construction of the fence and gate without a Building Permit. Mr. Cunningham stated there was no permit, to his knowledge, and there was no question but that the fence was almost one foot higher than it should be. Mr. Kahn expressed the opinion that he should be allowed to see the reports of the City Attorney and the City Engineer in the matter before any decision was made. In reply to Councilman Longaker's question, he stated it would be of help to him if the gate could be moved back to Utah's property, so that he could get to his property along the road. President La Croix reviewed the discussion and inquired, in all fairness to Mr. Kahn, if there was any action the Council wished to take or any directive it might wish to issue with regard to the subject. Councilman McCall remarked that there were several fences in various locations on public roadways on Bay Farm Island of heights exceeding six feet, erected for the purpose of keeping people out and keeping them from getting hurt. He called attention to the remarks that Mr. Kahn had been offered a key to the gate. He stated the Ratto family had been located on land to the south of the Mecartney Road extension for many years and he expressed the opinion, in fairness to the members of that family who were evidently farming Mr. Kahn's property, that it should be determined what their attitude was relative to moving the gate as it would be their property which could be damaged. He said he had no objection to holding this matter over but he would like to know whether the Ratto family considered the gate a detriment or a protection device. The balance of the problem, he felt, was for private litigation. President La Croix suggested Mr. Kahn be advised to consult with Mr. Ratto to determine what, if any, value the fence had to him and, should it be ascertained that in joint use there was no value to the fence being in its particular location, he felt arrangements could be made with Utah to have it moved. It was noted the fence was a temporary structure. He suggested the height of the fence was validly before the Council for action. Mr. Kahn stated he had documents from the City Assessor and the County of Alameda indicating that the road in question was a public thoroughfare, which he presented for examination. He contended it was up to the City Council, not a private individual, to remove the structure. He said the keys had not been given to Mr. Ratto until he had reported the situation three weeks previously. Councilman Fore moved it be required that the height of the fence under discussion comply with the City's regulations and on other aspects of this question the City Council observe the advice of the City Attorney, Councilman McCall seconded the motion. Councilman Longaker pointed out by his action the Council was approving Utah's putting a not belonging to it, and this was a peculiar situation. The question was put and the motion carried on the following roll ca 11 voter Ayes: Three. Noes: Counci man Longaker, (1). Absent: Councilman Levy, (1). President La Croix stated the Council was merely instructing Utah Construction & Mining Co. that proper action should be taken to make this fence legal in height. President La Croix stated the course of action for Mr. Kahn would seem to be to approach Utah Construction & Mining Co. to see if they could reach an understanding or compromise and to discuss the matter with the Ratto family. Any further action he might wish to take would seem to be of a civil nature, not properly before the City Council. ence on property The City Clerk was instructed to mail to Mr. Kahn the documents submitted in this matter, as directed. RESOLUTIONS: 10. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7687 Appointing Member of the Recreation Commission." (John Towata) The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the follow - ing vote. Ayes: Four. Noes: None. Absent: One. 11. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7688 Amending Section 2b of "Resolution No. 6232 Changing Rate for Calculating Holiday Pay for Certain Employees from 1 /30th to 1/21.67th of Monthly Salary." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by vote. Ayes: Four. Noes: None. Absent: One. 12. The following resolution was introduced by Councilman hongaker, who moved its adoption: "Resolution No. 7689 Adopting Specifications, Special Provisions and Plans for Replacement of Chain Link Backstop at Washington Park, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the folio vote. Ayes: Four. Noes: None. Absent: One. 13. The following resolution was introduced by Councilman Longaker, who moved its adoption :; "Resolution No. 7690 Concerning Repatriation of Captured American and Allied Fighting Men." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the follow ing vote. Ayes: Four. Noes: None. Absent: One President La Croix invited comments by Councilman Longaker, who introduced Mrs. James J. Evans, 3280 Thompson Avenue, whose husband was shot down over North Vietnam over six years ago and had been missing since that time. He stated Mrs. Evans was in charge of the unification of the program to learn about the missing war prisoners in Northern California. Mrs. Evans stated November 11 had been designated "Prisoner of War Day" by the President and by Governor Reagan. She stated she was a member of the National League of Families of American Prisoners Missing in Southeast Asia, of which there were over 3,000 Members, and California had one in four of the missing prisone She stated there were three women living in Alameda whose husbands were missing. 14. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7691 Resolution of the Council of the 'City of Alameda in Appreciation and Commendation of The Honorable Leland W. Sweeney for 'His Service to the City of Alameda." The motion to adopt said resolution was seconded by Councilman Longaker and carried on the fo call vote. Ayes: Four. Noes: None. Absent: One. President La Croix stated this resolution would be signed by he Councilmen and presented to Supervisor Sweeney at the testimonial dinner to be held in his honor the following evening. INTRODUCTION OF ORDINANCES: 15. Councilman McCall moved the following ordinance be introduced, after which it 'would be laid over under provision of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 2-532 and Adding Section 2-534.1, Relating to Employees' Sick Leave Benefits." The motion was seconded by Councilman Longaker and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 16.-1 Councilman Fore moved the, following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Subsection 13(a) to Section 17-344.1 and Subsection (58) to Section 17-333 Thereof, Relating to Parking Regulations." (Pacific Avenue, west of Oak - Buena Vista Avenue at Webster) The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. ORDINANCES FOR PASSAGE: 17. "Ordinance No. 1634, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No 1277, New Series." (R-2 to R-2-PD - Whitehall, Willow and Sandcreek - Santone) Councilman McCall moved the ordinance be passed as submitted. Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Four. Noes None. Absent: One 18. "Ordinance No. 1635, New Series Amending the Alameda Municipal Code by Amending, Adding to, and Repealing Certain Sections of Chapter 1, Title XI, Thereof, Establishing a Zoning Administrator, and Relating to Variances, Use Permits and Other Zoning Regulations." Councilman Longaker moved the ordinance be passed as submitted. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 19. "Ordinance No. 1636, New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 2-541 Thereof, Relating to Vacation Leave." Councilman Longaker moved the ordinance be passed as submitted. Councilman McCall second the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent One BILLS: 20. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $62,761.09, was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the Claims shown were correct. Councilman McCall moved the bills as itemized in the List of Claims filed with the City Clerk on Novem- ber 3, 1970, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Longaker and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. ORAL COMMUNICATIONS, GENERAL: 21. /Mr. Frank Gottstein, 731 Haight Avenue, again complained of the removal of the sidewalk on the westerly side of Webster Street on the College of Alameda property. He said he considered this a great mistake, as well as the sprinkler system installed. He said students were crossing Webster Street midway between the Posey Tube and the Segregation Line, at great risk to their lives. It was suggested that Mr. Gottstein discuss his complaint on the sprinkler system with the College District. President La Croix explained again the circumstances involving the decision to remove the sidewalk. Councilman McCall said he knew the construction of a new interchange at Webster Street and Atlantic Avenue was awaited and there were other problems involved in this intersection. He said in driving to San Diego to attend the annual conference of the League of California Cities recently he had seen many pedestrian crosswalks over busy intersections and State highways. These were completely enclosed in wire cages so that objects could not be thrown on vehicles traveling below. He suggested the State, the College and possibly the Federal Government be requested to participate in plans for such structures, tied in together, over both Atlantic Avenue and Webster Street. As an alternative, he suggested the idea of underground passages be explored. Mr. Hanna, on request, reported that minor changes had been made in the area under discussion to improve traffic conditions, which required approval by the State Division of Highways. He said the subject of pedestrian safety crossings in the area of the College had come up at the last meeting of the Traffic Advisory Committee and it had been referred to the Engineering Department to obtain data on the matter. 22. Mr. Gottstein stated he believed the City was going to have a problem with campers as there were more of them all the time. He suggested consideration be given to adopting an ordinance regulating these vehicles. 23.V Mrs. Lee -Ann Lane, 1425 Union Street, inquired if the City had received any information from the U. S. Army Corps of Engineers with regard to the proposed new Fruitvale Bridge. President La Croix explained that this was an ongoing project. He said the City Engineer had been working most diligently on the matter for the past year. The reason questions had not been continually raised by the Council was that it had been agreed it would be inadvisable to disrupt the program by injecting politics as the project was apparently on the way to consummation. He said he had a report on hand, from which he read briefly on the status, that the Corps of Engineers had awarded the contract on October 20, 1970, to McCreary - Koretsky to design the bridge and it was expected their engineers would visit the City Engineering Department the following week to discuss the approach and borings in the Estuary. The Corps of Engineers was .planning for bridge construction to start in June of 1971 and be completed during May of 1972. He stated the bridge would be of the type that if additional lanes should become necessary it would be, expanded to accommodate the traffic situation which might come in future years. 24. Mrs. Lane also stated she had heard it suggested that a good way of raising additional revenue for the City would be to issue overnight parking permits at a fee. City Attorney Cunningham stated the streets of the City were for use of the people and their vehic any unreasonable regulation or means of raising revenue by the use of public streets was illegal. 25. '' President La Croix reported the question had been raised on the status of the new Post Office. He said he had not been able to learn anything on the subject while in Washington, D.C. , recently. However, on the prospect that Congressman George P. Miller would undoubtedly be re- elected on this Election Day, he said he would request him to obtain pertinent and up -to -date information on the subject. 26. President La Croix thanked the young people in the audience for being present and introduced M Theresa Cunningham, attractive daughter of the City Attorney. FILING: 27. Specifications No. PW 11 -70 -21 Replacement of Chain Link Backstop at Washington Park. 28. Financial and Operating Report - Bureau of Electricity, as of September 30, 1970 - Verified by George A. Hackleman. MEMORIAL RESOLUTIONS: 29. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7692 Resolution of the Council of the City of Alameda in Memoriam to Victor W. Potter, Sr., Retired Employee. "IN A SPIRIT OF SADNESS, the Council of the City of Alameda records the death of one of its former loyal employees, VICTOR W. POTTER, Sr. "WHEREAS, Mr. Potter had commenced his employment with the City on March 15, 1936, as an Equipment Operator in the Golf Department and, on August 1, 1959, had become a Groundsman- Gardener, in which capacity he was serving at the time of his retirement on September 30, 1964; and "WHEREAS, Mr. Potter had performed his duties capably and conscientiously and had been most amiable and cooperative with his fellow employees. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of the efficient service given by this faithful employee during his many years of City employ and his harmonious relations with his associates, the Council of the City of Alameda does hereby express its gratitude. "BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Mr. Potter in order to extend to its members a sincere expression of sympathy in their bereavement. "BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of VICTOR W. POTTER, Sr. 166 The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. The President declared the foregoing Resolutions adopted. 30. President La Croix requested that all stand in a moment of silence in observance of the passing of Victor W. Potter, Sr., retired employee in the Golf Department. ADJOURNMENT: 31. There being no further business to come before the meeting, the Council adjourned in respect to the memory of VICTOR W. POTTER, Sr., to assemble in regular session on Tuesday evening, November 17, 1970, at 7:30 o'clock. Respectfully submitted, City Clerk