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withdrew his motion and moved to deny the Planning Commission recommendation, seconded by Councilman Britschgi. Councilman Granger spoke on the question and he was of the opinion that Council would be insulting the Planning Commission by denying their recommendation and he recommended that rather then deny the recommendation they refer the matter back to them. The motion lost on roll call with Councilmen Granger, Herkner and Stout voting NO. Mayor Royer abstained from voting because he was interested in property in the area. Councilman Granger moved that the City Council accept the plan lines from El Camino Real to Cypress, Now seconded by Councilman Stout. Councilman Herkner amended the motion to refer the matter to the Planning Commission to meet in a study meeting with the Council. Councilman Weiss questioned if the amendment was in order. City Attorney Currie stated that this could be made into a substitute motion. Councilman Herkner changed his motion from an amended motion to a substiture motionp seconded by Councilman Britschgi. City Attorney Currie stated that they should take into consideration keeping this item on the agenda for 30 days. This was included in the motion and the motion carried. Mayor Royer called for a five minute recess starting at 11:152 meeting reopened 11:26 P.M. PUBLIC HEARING, HIGHLANDS TERRITORY NO. 4 SSVER AND WATER ASSESSMENT DISTRICT. REPORT ON BID OPENINGf The engineers estimate is $5,773.002 total job being estimated at $6,639.00. The difference in the figures is for advertising, legal fees and notices, engineering and bond registers. The following bids were received and opened: Hackett Bros. $4,287.60 Oakland Sewer Construction Co. 6,018.80 City Attorney Currie stated that the bids should be referred t oche City Engineer for checking. The Mayor announced the public hearing. There being no protests, written or orals Councilman Herkner moved that the public hearing be closed, seconded by Councilman Spillers and carried. Councilman Spillers offer: RESOLUTION 2013 ORDERING IMPROVEMENTS HIGHLANDS TERRITORY NO. 4 SEWER and moved its adoption, seconded by Councilman Stout and carried on roll call. Affidavit of posing, mailing and publication was ordered filed. PUBLIC HEARING, REZONE PROPERTY OAK KNOLL AND CAYON ROAD FROM "U" TO C -1-H. The Planning Commission recommended -rezoning Lot 4, Block 30, Lot 5, Block 28 and Lot 6, Block 27, Oak Knoll Manor, from "U" to C -1-H District. Affidavit of mailing was ordered filed. Councilman Weiss was of the opinion that the Council should withhold action until the master plan is approved. He also thought that the Planning Commission should state in their letter the basis and summary of their findings. This was followed by discussion. There being no protests, written or oral, Councilman Spillers moved that the public hearing be closed, seconded by Councilman Britschgi and carried. Councilman Spillers moved approval of the Planning Commission's recommendation, seconded by Councilman Britschgi, and carried, Councilman Weiss abstaining from voting. Councilman Granger questioned the matter of who should vote.and when`a Councilman could abstain from voting. Councilman Weiss then=asked for a roll call vote. The motion carried on roll call with Councilman Weiss voting NO because of the reasons stated above. Councilman Royer stated that it was the thought of thepeople that when this property come into the City and these pieces of property were annexed that they would be taken in as is. City Attorney Currie stated that any property that comes into the City immediately goes into an U District and no promises can validly be made and then if the Planning Commission desires they may later recommend the rezon- ing of the property in the usual manner. The property in gUestion was in C-1 H when it come into the City. Councilman Weiss retained his No vote. Councilman Spillers moved to change this property to Fire Zone No. 2, seconded by Councilman Weiss and carried. PUBLIC HEARING, JOSEPH P. HANLON APPLICATION FOR USED AUTO DEALER PERMIT. Affidavit of publication was ordered filed. There -being no protests, written or oral, Councilman Spillers moved that the public t