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275 they could come to some understanding then the Committee will recommend the approval of the Planning Commission. Mr. Sherwood, 1742 Kentfield, spoke on the question. The motion carried. Councilman Weiss moved that the Planning Commission recommendation be denied. This was followed by discussion in regard to how this would effect the past policy in regard to matters of this kind. The City Attorney asked that the record show that no action 'taken tongiht is an admission of any post illegal action. ro" Councilman Weiss changed his motion that the resubdivision be granted eliminating the contingency of the 10' Ldedication. This motion lost for lack of a second. Councilman Granger moved that they accept the recommendation of the Planning Commission which allows the subdivision subject to the dedication of the 101. This eras followed by discussion in regard to possibility of the City agreeing to paying something on the 10' strip. Councilman Herkner seconded the motion. Councilman Stout amended the motion that the dedication phase of the motion be held in abeyance for a traffic study and recommendation by the Traffic Fact Finding Committee. Councilman Weiss raised the question if this amendment was in order. This was followed by discussion after which the amendment lost for lack of a second. Councilman Weiss moved to table this matter for two weeks, seconded by Councilman Stout. The motion lost on roll call with Councilmen Granger, Herkner and Royer voting NO and Councilmen Britschgi and Spillers being noted absent. The original motion carried with Councilmen Stout and ,'Teiss voing NO. PUBLIC HrARING, CONTINUATION OF HEARING, PROPOSED REZONING OF DALE STUART PROPERTY FROM R-3 TO R-2. The 14ayor announced that he had received two phone calls. One was from Mrs. Stuart who stated that Mr. Stuart could not be a tonights meeting and asked that the hearing be held up for one week if possible. The Clerk read the letter submitted by the ?lanning Commission (letter dated 8/15/56). This was followed by discussion. Councilman Granger stated that somewhere along the line Mr. Stuart has agreed to 18 units and he was of the feeling that they could meet with Mr. Stuart and based on that fact he moved to continute the hearing for one week. Councilman Herkner spoke on the question and stated that he believed that this hearing could be heard tonight since the majority of the people were in the audience. Fie spoke about how the people would not object to the 18 units and he thou,ht, with that thinking in the matter, that this be heard tonight. There wasn't any second to Councilman Granger's motion. There was a very lengthy and repititious discussion regarding the previous history of this rezoning. Councilman Herkner moved that the public hearing be closed, seconded by Councilman Granger. This was again followed by discussion. Mr. 7JTood asked for a recess to try to contact Mr. Stuart to see if he could possibly attend the meeting. Councilman Herkner withdrew his motion. Councilman 7eiss moved to continue the public hearing to 9:40 p.m., seconded by Councilman Stout and carried. PUBLIC BARING, POROPOSED OFFICIAL PLAN LT_NiS JEFFERSON AVENITE FROM HTCHLANDS AVENUE TO 170 FEET EAST OF VISTA DRIVE- C. B. Schnell, 1706 Connecticut Drive, owner of Lot 305 Block 11, Highlands of Emerald Lake, stated that he has designed his house to fit tho property 'out 7ri.th the change of the property he could not build his house as it is planned. He asked that he be allowed 5' from the County property which he understands € the County is going to sell the City. City Entineer Jain stated that this couldn't be done because the lot was given to the County on the condition that it will only be used only for Park purposes. The question was raised as to why the City was only going to set plan lines on one side of the street. Mr. Jain stated that sometime ago property on the other side of the street was obtained. This was followed by discussion. The Clerk read the letter submitted by the Planning Co,,=i.ssion. Councilman Herkner moved that the public hearin- be closed, seconded by Councilman Stout and carried. Councilman I'lerkner moved that the )lan lines be established as set by the Planning Commission and the City Attorney be authorized to draw up the necessary resolution, seconded by Councilman r'eiss and carried.