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HomeMy WebLinkAboutcc min 1971/11/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday November 2, 1971 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7 P.M. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, Assistant City Manager Bourcier, City Attorney Lindberg, Assistant Director of Public Works Robens, Director of Planning Warren The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the minutes of the meeting of October Z6:1971 be approved~ copies having been sent to each Councilman. INTRODUCTION OF GUEST COMMISSIONER Mayor Hamilton introduced Mr. Allen Miller, member of the Environmental Control Cormnis- sion, as guest cormnissioner for this meeting. PUBLIC HEARING - CONSIDERATION OF Director of Planning Warren stated that this AMENDMENTS TO THE ZONING ORDINANCE is the result of a study conducted by the RELATING TO FEES CHARGED FOR Planning Department of the cost of processing ADMINISTRATION AND PROCESSING OF the applications required by the Zoning APPLICATIONS Ordinance. It is the recommendation of the City Planning Commission that the ordinance be amended approving the revision of these fees charged for the administration and processing of applications to more adequately cover thc services rendered. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comment, either for or against, the hearing was declared closed. ORDINANCE NO. 1371 - AMENDING It was moved by Councilman Scott that this '£~]5 ZONING ORDINANCE RELATING ordinance be placed on its first reading and TO FEES - FIRST READING that reading of the text be waived by unani- mous consent. The motion carried by the fol- lowing vote, to-wit: AYES: Councilmen Scott, Hobel~ Hamilton, Hyde, Egdahl Noes; None Absent: None ORDINANCE ESTABLISHING DOWNTOWN City Attorney Lindberg explained the purpose IMPROVEMENT DISTRICT of the ordinance is to establish a parking and business improvement area~ to provide for the levy of an additional business license tax on specified business conducted within such area~ classifying various businesses for such pnr- pose~ describing the boundaries of the proposed area, the proposes uses to which the additional revenue shall be put, and the initial rate of increase for additional levy of the license tax. Objections to proposed ordinance Councilman Scott questioned the eleven member committee to be established as the Advisory Committee, and the name of the proposed Dis- trict: "Beautiful Downtown Chula Vista, Inc." He suggested the cormnittee be comprised of five or seven members. Councilman Scott also suggested the budget of the organization be approved by the Council rather than having each item Presented separately to the Council for approval. Martin L. Altbaum, Manager, Mr. Altba~n explained the origin of the Down- Chub's Club town Association and the eighteen people who contributed money and time to form this organ- ization. It was felt that these people should be named to the Advisory Committee. There are presently fifteen members on the Board of Directors of the Downtown Association; the eleven figure Advisory Committee was a compro- mise. As to the name change, the committee wanted a fresh image for the District. Ken Wessel, Manager, Leader Mr. Wessel discussed the number of people pro- Department Store posed for the Advisory Cormnittee, and commented that it would be his suggestion to have fifteen or seventeen members. The more people who get involved in the District, the better the repre- sentation. Election of members The Council held a general discussion pertain- ing to the selection of members and the terms of office. Motion to hold ordinance over It was moved by Councilman Hyde that the ordinance be held over for one week for re- drafting of Section 7 (Advisory Committee) and the matter of the total size of the Ad- visory Body be nine members. No second to motion The motion died for lack of second. Business licenses Councilman Hobel questioned the business license fees. City Manager Thomson indicated this is in the process of being reviewed. Any change would require an amendment to this ordinance. Mayor Ramilton commented that he would like to s¢~ some minimum amount established to be- long to the District, and a ceiling on the assessment fee. Motion for change in ordinance It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Advisory Board consist of seven members, four to come from the Downtown Association~ to be appointed by that group; three members to be selected at large by permit holders. An equitable arrangement on the drawing of the terms to be made, and the method of elec- tion, after one year, that all permit holders will be one vote, one permit° The ordinance to be brought back at the next meeting. OUR HOUSE REPORT By concurrence of the Council, this item was moved up on the agenda to be considered at this time. Written reports of the Ad Hoc Committee were distributed at the meeting of October 26, 1971. -2- Two alternatives were submitted: "A" - northwest corner of '~" Street and Garrett Avenue for a prefabricated modular structure via Alan Building Bystems at a cost of $30,073. "B" - northwest corner of "F" Street and Garrett Avenue of a prefabricated modu- lar structure dual '~" frame type via Doerr Construction Company at a cost of $11,785. It is recommended that Alternate "B" be approved. Other sites considered City Manager Thomson discussed the number of other sites considered for "Our House". Eugene Grady, Chief, Mr. Grady, in answer to Councilman Hobel's Building and Housing inquiry, explained that outside lighting could easily be installed at the proposed location at '~" and Garrett. He added that both of these buildings meet the Building Code regulations. Gary Wappes, 773 Madison Avenue Mr. Wappes reported that 75% to 80% of the people of "Our House" come from a two-mile radius, and in almost all cases, these people walk. The other percentage comes from Imperial Beach and National City. The project, there- fore, needs a centrally located site to serve these people. Mr. Wappes then discussed the funding of the project, and the support received from the County. He added that they are currently applying for federal grants. Milo Berenson, "F" Street Mr. Berenson stated hc is one of the owners Shopping Center of the shopping center. He suggested the City hire an environmental designer to study the project and make recormnendations as to the typo of building noodod and the location. He added that he does not feel this is the proper location ("F" and Garrett) for this project. Motion for conforenco It was movod by Councilman Hyde that this matter be held over for a Council conforence to determine to what degree the City of Chula Vista intends to become involved in the "Our House" program; also what the County's plans are for this projoct. No second to motion The motion died for lack of second° Councilman Hydo cormnented that the initial problem of relocation is the responsibility of "Our House" directors, and not that of the City. Mayor Hamilton noted that it was on the recom- mendation and request of the Downtown Associa- tion that "Our House" was asked to look for a new location. Motion to deny sites It was mOved by Councilman Hyde~ seconded by Councilman Scott that none of the proposed sites bo acceptable. Motion fails The motion failed by the following vote, to-wit: AYES: Councilmen Hyde Noes: Councilmen Egdahl, Scott, Hobel, Hamilton Absent: None -3- ? Motion to hold over for two It was moved by Councilman Scott, seconded by weeks for study Councilman Hyde and unanimously carried that this matter be held over for two weeks and during that time, alternate sites be looked at once again by the Board of "Our House", or by the Ad Hoc Committee, or both, and report back as to the availability of these sites without any participation or expenditures from the City. Amendment to motion Mayor Hamilton asked that the motion be amended to include having the Board of Directors of "Our House" contact the merchants in the area requesting reconsideration of the present loca- tion for another six months. Councilman Scott included this im his motion; Councilman Hyde agreed to the second. Recess A recess was called at 9:07 P.M., and the meeting reconvened at 9:25 P.M. RESOLUTION NO. 6251 - APPROVING Director of Parks and Recreation Jasinek ex- JOINT USE AGREEMENT WITH SWEET- plained that on May 25, 1971, the City and the WATER JUNIOR COLLEGE DISTRICT College District entered into a contract for FOR THE OPERATION OF THE SOUTH- the construction of the tennis complex at WESTERN COLLEGE TENNIS FACILITY Southwestern College. The agreement allows the City exclusive use of the Pro Shop and four City-owned courts. The City will have priority in using the tennis courts and will assume the maintenance responsibilities of both the Pro Shop and the courts. This agreement was ap- proved by the Sweetwater Junior College Dis- trict on September 16, 1971. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote~ to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6252 - DECLARING This resolution declares the result of the RESULTS OF SFECIAL ELEGTION HELD special election held on October 26, 1971, OCTOBER 26, 1971 on the question of annexing the Sweetwater Valley. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Nyde~ Egdahl, Scott~ Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6253 - AUTHORIZING Director of Public Worke Cole, in a written APPOINTMENT OF CONTRACTING AGENT report to the Council~ explained that two FOR CONSTRUCTION OF SEWER LATERAL sites near the northwest corner of Broadway and '~" Street will be developed by Foodmaker, Inc. Because of this common ownership~of both sites~ it will be possible to serve both sites through a common sewer lateral° This lateral will be constructed within the public right- of-way. -4- The City Code requires that the contractor who performs the work be appointed as an agent of the City. The developers have desig- nated Hansen Contracting Corporation as the contractor. Resolution offered Offered by Councilman Hyde: the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6254 - WITHDRAW- The ~fective date of this annexation to the ING CERTAIN PROPERTY FROM City of Chula Vista was August 13, 1971. In MONTGOMERY FIRE PROTECTION order to prevent double taxation of this Dis- DISTRICT - ANGUS THIRD AVENUE trier at the end of this year, it is requested AIQI~XATION that it be withdrawn from the Montgomery Fire Protection District. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent~ passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6255 - WITHDRAW- The effective date of this annexation to the ING CERTAIN PROPERTY FROM City of Chula Vista was August 27, 1971. In MONTGOMERY FIRE PROTECTION order to prevent double taxation of this Dis- DISTRICT - DREW'S ORANGE AVENUE trier at the end of this year, it is requested ANNEXATION that it be withdrawn from the Montgomery Fire Protection District. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous eonsent~ passed and adopted by the following vote, to-wit: AYES: Gouncilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent; None RESOLUTION NO. 6256 - INTENTION An application has been submitted from Schaefer TO GRANT PERMIT OF GONVENIENGE Ambulan¢~ Service, doing business as Gold Cross AND NECESSITY - GOLD CROSS Ambulance Service, for a Certificat~ of Public A/~BULANCE SERVICE Convenience and Necessity. This resolution sets the public hearing on this application for December 7, 1971. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote~ to-wit: AYES: Gouncilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO~ 6257 - SPECIAL In order to implement the Public Employment APPROPRIATION OF FUNDS FOR Program and to obtain grant funds, it will be IMPLEMENTATION OF PUBLIC necessary to purchase eeXtain equipment and EMPLOYMENT PROGRAM cor~odities. An appropriation in the amount of $15,950 is requested from the unappropriated surplus of the General Fund. The PEP grant provides for payment of administrative costs, which will offset this appropriation. -5- Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None UNANIMOUS CONSENT ITEMS: City Attorney Lindberg stated he placed the next three items on the Unanimous Consent cal- endar. RESOLUTION NO. 6258 - APPROVING The City Planning Commission approved the final AGREEMENT FOR COI<PLETION OF map at their meeting last night (November 1) as II~PROVEMENTS IN RANCHO RIOS being in conformity with the tentative map. SUBDIVISION, UNIT NO. 1 The developer has requested that this matter be placed before the Council for consideration RESOLUTION NO. 6259 - APPROVING at this meeting because his financing and cer- MAP FOR RANCHO RIOS SUBDIVISION, rain other obligations are contingent upon the UNIT NO. I earliest possible recordation of the final map. Resolutions offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6260 - APPROVING Assistant Director of Public Works Robens ONE-FOOT CONTROL LOTS IN RANCHO stated there would be a problem with this RIOS SUBDIVISION~ UNIT NO. 1 resolution in that the final map should be recorded before acceptance of the one-foot lots. The deeds must show the recordation number of the final map. City Attorney Lindberg remarked that the deeds accepting the one-foot control lots will not be recorded until subsequent to the recorda- tion of the final map° Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None CONSIDERATION OF CANCELLATION OF City Manager Thomson stated it would be his AGREEMENT WITH BONITA-SUNNYSIDE recommendation that this matter be filed. FIRE PROTECTION DISTRICT It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that before this matter is filed, that the Motion to contact Fire staff contact the Fire Rating Bureau and see Rating Bureau if, in fact, this area can be served from either the main fire station or Southwestern fire station No. 45 without any great change in the rate. RECOMMENDATION OF ENVIRONMENTAL Guest Co~nissioner Miller explained that the CONTROL COMMISSION PERTAINING TO ECC is recommending that there be no smoking PROHIBITION OF SMOKING IN PUBLIC in the public meeting halls of the Civic Center MEETING AREAS (including the Police Auditorium). They further recormnend that people smoke outside the meeting hells, or on breaks, or leave the meeting at any time they wish to smoke. -6- City Manager Thomson suggested that if the Council adopts this policy, that a restric- tion be imposed limiting it only to (1) offi- cial public meetings, and (2) when the public is in attendance at those meetings. Motion for "no smoking" It was moved by Councilman Scott, and seconded by Councilman Egdahl that "no smoking" be lim- ited to the Council Chamber during the Plan- ning Cor~nission and City Council meetings. Amendment to motion Councilman Hyde amended the motion to include the Administrative Conference room when it is used for public meetings. Amendment carries The amendment was seconded by Councilman Egdahl and carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel Noes: Councilmen Scott, Hamilton Absent: None Main motion carries The motion for "no smoking" in the Council Chamber during Planning Com~ission and Council meetings carried by the following vote, to-wit: AYES: Councilmen Scott~ Hobel, Hyde, Egdahl Noes: Mayor Hamilton Absent: None CONSIDERATION OF TENTATIVE MAP Director of Planning Warren submitted the map FOR APOLLO SUBDIVISION, UNIT noting the location of this subdivision as NO. 3 - TIME DEVELOPMENT COMPANY north of the future extension of Orange Avenue, east of Oleander Avenue, containing 48 lots on 12 acres. The City Planning Commission recormnends disap- proval based on the following: (1) the area remaining between the proposed extension of Orange Avenue and the southern boundary of this subdivision would not be sufficient to provide adequate R-1 development; (2) the map makes no provision for the dedication or improvement of Orange Avenue or Brandywine Avenue: which is necessary to serve this property. Louis Wolfsheimer~ Attorney, Mr. Wolfsheimer stated he is representing the 1007 Fifth Avenue~ San Diego developer~ who has no connection with Mr. Feller or Princess Park Estates, the subdividers of the general area and from whom the property was purchased. His client is objecting to the condition of the improvement of Orange Avenue; this is an unreasonable offsite improvement for a developer of just 50 lots. The original tentative map~ filed by Mr. Feller in 1964~ showed this area as comprising over 1,000 lots and he was to imprOve Orange Avenue. The final map~ however~ on this portion of the area was never filed. Mr. Wolfsheimer declared it would cost his client nearly $250,000 to put in these improvements~ and the only ones to benefit from it would be the Brandywine ~esidents and the proposed developers of thc adjacent County property. Council discussion A general discussion of the problem ensued. Councilman Scott commented that this area left undeveloped will always be a problem area and, for that reason alone~ the Council can deny the map as not being a total utilization of the property. -7- Denial of map It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the map be denied. REPORT ON STATUS OF POST City Manager Thomson reported that he and the OFFICE BUILDING City Attorney met with the lease holder and with the Postmaster regarding the acquisition and use of the building. The lease holder has a 30-year lease; it is nOw in its sixteenth year. Four years out of a 20-year lease are tied to the post office, and the remaining 10 years are not committed at this time. The staff will continue to study the alternatives and report back to the Council. Interim report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the City Manager's interim report be accepted. REPORT ON CABLE TV AGREEMENT - City Attorney Lindberg submitted a detailed (CITY OF IMPERIAL BEACH) written report to the Council, comparing the Imperial Beach agreement to that of Chula Vista. It would be his rec~mnendation that renegotiation of this City's franchise be made, to obtain comparable provisions in this City's agreement. Motion to renegotiate It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the City renegotiate with Mission Cable TV and emulate Imperial Beach's agreement as much as possible. UNIFIED PORT DISTRICT MEETING Mayor Hamilton announced that the Unified Port District will hold a meeting in the Council Chamber on November 17, 1971: at 7 P.M. LEAGUE OF CALIFORNIA CITIES Mayor Hamilton reported that the November DINNER MEETING dinner meeting of the League will be held on Thursday, November 18, 1971,~ Chula Vista will be the host ~ity. SLIDES OF NEW LIBRARY Mayor Hamilton noted that an invitation has been received for the Council to preview a slide presentation of the new Library. It will be held at Richard Morasso's home~ South- western College Estates, on Thursday, November 4, 1971. JOINT MEETING WITH BOARD OF Mayor Hamilton reminded the Council of the SUPERVISORS joint meeting to be held on Thursday, November 4, 1971, beginning at 9 A.M. THIRD AND MADRONA LAWSUIT In answer to Councilman Scott's inquiry, City Attorney Lindberg explained that in August, the lessee from the Santa Fe Railroad secured a landscaping permit. Based on this, the law- suit was dropped; however, the permit has nOw expired, and the lawsuit was refiled today. JDB FAIR It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the City participate in some way in the Job Fair to be held in San Diego on November 18, 1971. This matter to be referred to the Mayor and staff. -8- TIDELANDS STUDY Councilman Scott stated he received a prelimi- nary report from the consultants on this study. The Council will receive this report in their mailing this week. City Manager Thomson stated he will forward a copy of this report to the Environmental Con- trol Cormnission and other interested parties. CLAR~MONT STUDY Councilman Scott reported that a copy of the Environmental Study from Claremont has been received and is being studied by the environ- mental intern. The Council will receive this report in the near future. CAMPAIGN EXPENSES It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the Council accept, with thanks, the work of the Mayor's con~ittee that worked on the campaign expenses, and that the report be accepted. Mayor Hamilton asked that a copy be made avail- able to the City Clerk for any citizen wishing to look at it. CORRESPONDENCE FROM COUNTY Mr. Fo J. Morey, Chief Administrative Officer, BOARD OF SUPERVISORS REGARDING County of San Diego, has sent in an ordinance EMPLOYMENT OF RACIAL AND ETHNIC recently adopted by the Board of Supervisors MINORITIES IN CONSTRUCTION which establishes an Affirmative Action Program INDUSTRY for the County. This ordinance requires con- tractors who have been awarded County contracts for construction, alteration, maintenance or demolition, to take affirmative action to im- prove the employment of racial and ethnic minorities in the construction industry. The Board of Supervisors has requested that all governmental jurisdictions in the County adopt a similar ordinance or procedure as their affirmative action program. Motion to refer to staff It was moved by Councilman Hyde, seconded by and com~nissions Councilman Egdahl and unanimously carried that this matter be referred to the staff, Mnman Relations Commission and Civil Service Com- mission. REQUEST TO HOLD PARADE ON The Salvation Army will bo conducting a pro- NOVEMBER 7~ 1971 - SALVATION ARMY gram in Memorial Park on November 7, 1971, at 5 P.M. They are requesting permission to have the Citadel Band parade down Third Avenue to the new Salvation Army building at 648 Third Avenue. This will be between the hours of 6:15 P.M. and 6:45 P.M. Request approved It was moved by Councilman Scott~ seconded by Councilman Hyde and unanimously carried that the staff be given permission to grant the per- mit~ if it ean be worked out with the Police Department. City Manager Thomson stated he checked with the Police and they state there would be no problem. -9- LETTER OF RESIGNATION FROM Mrs. Johnnie Lou Rosas has submitted her INTEP, NATIONAL FRIENDSHIP resignation from the International Friendship COMMISSION - JOHNNIE LOU ROSAS Corm~ission. She states that a change in job assignments makes it impossible for her to attend the meetings. Resignation accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the resignation be accepted with regret and a letter of thanks be sent to Mrs. Roses for her services on this Commission. ORAL COMMUNICATIONS: Herb Lathan, 631 Carla Avenue Mr. Lathan reported that the Library Board of Trustees met on November 1, and decided to request that the Council invite members of the various organizations in the Chula Vista area to become members of a committee of 100 for the support of the Library Bond Campaign. Job Fair Mr. Lathan offered the services of his organi- zation (Disabled American Veterans) for the Job Fair. Mobilehnme for Bond Headquarters Mr. Lathan inquired about placing a mobilehome on the '~" Street property sometime in January to be used as Bond headquarters for the new Library. He will pursue this with the Council at a later date. Paul Green, Sr., 141 Lotus Drive Mr. Green stated he lives in the Woodlawn Park Fire District area. He presented the Council with a proposed resolution which he hoped would be an alternative to that proposed by LAFCO in combining the Montg~nery and Woodlawn Fire Protection Districts. Richard Glenn, Chairman, Dr. Glenn read a written report from the Com- Environmental Control mission regarding the proposed San Diego Gas Con~nission and Electric Company rate increase. The Com- mission is recormnending opposition of the pro~ posed 25~ rate increase based on the grounds that SDG~E did not have a pollution control program acceptable to the EGC. Dr. Glenn listed several reasons for the Co~nission's stand~ and noted that the public hearing on this matter is to bc held tomorrow (November 3, 1971). Motion to take no action Couneilman Scott indieated this was a very complex problem and since the meeting is being held tomorrow, he would move that no action be taken by the Council on this request. Council- man Hyde seconded this motion. City Attorney Lindberg stated that the Deputy City Attorney, Sam Blick, will be in attendance at this meeting. Referred to staff It was moved by Councilman Scott, seconded by Councilman Nobel and unanimously carried that the motion be amended to refer the ECC report to thc staff to check out thc assumptions and report back to the Council at a later date, along with other information obtained from the PUC hearing. -10- C. M. Laffoon, SDG&E, 101 Ash Mro Laffoon, Vice President, stated the rate Street, San Diego increase is predicated upon the availability of natural gas and the amount of low-sulphur fuel oil that will be required to supplement that supply. It is not based upon the addi- tion of pollution-control devices. Mr. Laffoon stated it was not possible, today, to buy the equipment as proposed by Dro Glenn; however, perhaps in the future this equipment will be available. ADJ0~ILNMENT Mayor Hamilton adjou=ned the meetimg at 11:10 P.M. to the meeting scheduled for Tuesday, November 9, 1971, at 7 P.M., and to the joint meeting scheduled with the Board of Supervisors on Thursday, November 4, 1971, at 9 A.M.