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Mr. Gene Hoggatt, Vice President, Earl Development Corporation, 2101 East Fourth Street, in reply to a direct question from the Mayor, stated that his company would forego a legal challenge to the validity of the C C and R's imposed by the City, and would be willing to waive its right to such challenge as a condition precedent to the approval of the Council. Tentative Parcel Map No. 838 and Tentative Tract Map No. 8494 were approved, subject to the conditions contained in the Plan- ning Director's reports, both dated November 30, 1973, and sub- ject to the subdivider waiving his right to contest the condi- tions in court; the alley requirement was waived; and the Negative Declaration was received and filed, on the unanimously (6 0) approved motion of Councilman Griset, seconded by Councilman Ward. CIVIC CENTER AUTHORITY On motion of Councilman FINANCIAL STATEMENTS Griset, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote, Council received and filed the Auditors Report for'year-ended June 30, 1973, prepared by V. A. Heim, Auditor of the Authority, prepared in accordance with the City-County Joint Powers agreement, January 17, 1966. CAgreement) FINANCIAL STATEMENTS On motion of Councilman CITY Griset, seconded by Councilman Yamamoto, and carried unanimously (6 - 0), Council received and filed the Report of Examination by City Auditor for fiscal year ending June 30, 1973, prepared by Diehl Evans and Company. (CA 65.4) CULTURAL HERITAGE EVALUATION COMMITTEE TIME CAPSULE AND PLAQUES with Councilman Markel voting NO, action: On motion of Councilman Griset, seconded by Councilman Yamamoto, and carried on a S 1 vote, Council took the following l) Approved the proposed contents for the 1974 time capsule contained in the Cultural Heritage Committee report dated November 12, 1973, with the addition of "Your City Government 1973" booklet, Council business cards, and a photo- graph of Council; z) Instructed the Committee to prepare items for inclusion in the time capsule and to coo erate with the City Manager in preparation andPconduct of 1974 time capsule ceremony; 3) Suggested several alternative locations for the time capsule, i.e. Council Chamber lobby, City Hall lobby, courtyard, flagpole at Ross Street entrance; and requested a staff report; 4) Instructed the City Manager to coordinate arrangements for 1974 time capsule ceremony on February 9, 1974. CITY COUNCIL MINUTES 476 DECEMBER 17, 1973