In response to a protest signed by 108 property owners in the vicinity, the City Council this morning set February 5 as the date for hearing the protest against the rebuilding of plant the Pacific States Oil Refinery at the foot of Fruitvale avenue, which was recently destroyed by fire. The protestants claim that the plant would be a menace to health and safety of the community, would deprecate property values and would retard the development of that portion of the estuary.