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and/or a Veterans Group. The Mayor stated that he was of the opinion that the Commission should handle this problem and if there is some organization that they question then they can come to the Council for their recommendation. Councilman Weiss moved to table this matter, seconded by Councilman Stout. This motion lost,on roll call with Councilmen Britschgi, Granger, Herkner, Spillers and Mayor Royer voting NO. Councilman Spillers agains offered RESOLUTION 2078 and moved its adoption, seconded by Councilman Herkner. Councilman Granger stated that he was going to vote in favor of this motion on the basis that the Commission will act on this and when they can not decide on a matter or have a problem then they will come back to the Council for further action. The motion carried on roll call. Councilman Weiss moved that the Commission be requested together with the City Attorney to draw up the necessary definition of paragraph 12 of the above resolution, seconded by Councilman Stout. Council- man Britschgi was of the opinion that this would be telling the Commission what they should do and he was going to vote N0. The motion lost on roll call with Councilmen Britschgi, Granger, Spillers and Mayor Royer voting No. Ferris Miles stated the Commission will meet next Thursday and they will be glad to study this with the City Attorney and they will try to have an answer by next Council meeting. DIVISION OF HIGWfAYS REQUEST CANCELLATION OF TAXES, FREEWAY PROPERTY. Councilman Britschgi moved approval of the request, seconded by Councilman Spillers and carried. CITY ATTORNEY REPORT REGARDING PROPOSED ABANDONMENT OF 10' RESTRICTION ON USE OF AREA ADJACENT TO ALLEY AT REAR OF GRANNY GOOSE. AGREEMENT INDICATES 15 FEET. The Attorney reported that an inspection of the riginal agreement which was recorded discloses that the City originally required the property owner to maintain a 15 foot area clear rather than the 10 feet referred to in the Council action at its July 23, 1956 meeting. Therefore, before he can prepare any resolution, it will be necessary that it be determined finally as to whether the entire agreement is to be abandoned or whether only 10 feet of the 15 feet be abandoned. This determination must necessarily be made by the Council. City Attorney Currie stated that they did not know what 10 feet they wanted abandoned. Building Inspector Kreiss stated that they have to take 10 feet off the front of the building and they want to add this to the back of the building. The Clerk read the original letter of the Planning Commission wherein it was stated that this reservation was adked for prior to the California Division of Highway Agreement to put in a service road in this area. Since there will be a service road, widening of the alley is unnecessary. Councilman Granger moved to carry this on the agenda and to have the City Attorney contact the people and report back in one week, seconded by Councilman Herkner and carried. PLANNING COMMISSION RECOMMENDED APPROVAL J. J. FINETTI RESUBDIVIDING LOT 4, BLOCK 30 FRIENDLY ACRES (1024 5th Avenue) INTO THREE LOTS SUBJECT TO SEINER LATERALS AND COMPLIANCE WITH BUILDING CODE. This approval was worked out as a compromise to solve the problem of a zoning ordinance and subdivision ordinance violation occurring on this property. Councilman Spillers moved approval of the Planning Commission's recommendation, seconded by Councilman Britschgi and carried. PLANNING COMMISSION RECOMMENDED APPROVAL J. F. KUFFER FOR VARIANCE TO ALLOW EXTENSION OF C -1"H ZONE THROUGHOUT A SINGLE PIECE OF PROPERTY NOW DIVIDED BY ZONE LINE, SUBJECT TO USE OF PROPERTY BEING LIMITED TO USES ALLOWED IN R-3 ZONE. The Clerk read the Planning Comnission's letter. Councilman Spillers moved approval of the recommendation, seconded by Councilman Stout. This was followed by discussion after which it was decided that there was not sufficient information before the Council at this time. Councilman Britschgi amended the motion that this matter be carried on the agenda for two weeks, seconded by Councilman Weiss and carried, Councilman Spillers voting:NO. Mayor Royer let the meeting and appointed Councilman Britschgi to act in his place, 10:30 P. M. CITY OF SAN CARLOS RESOLUTION SUPPORTING SALES TAX iras read by the Clerk. Councilman Weiss moved that the matter be turned over for a study meeting to discuss the City's position on the sales tax. Councilman 8 0 W