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47 Richard E . Gardella , attorney representing C . Warren and Helen Fox in the matter of appeal of denial of a use permit , stated that his client was present at the EIR hearing and believed the favorable report he received meant that the use permit would be granted . He stated that his client did not receive a notice of the use permit hearing and arrived too late at the hearing to par- ticipate . Mr . Gardella referred to his letter of October 15 stating certain misconceptions which it is believed were the reasons for denying the use per- .__ mit . He urged the Council to reverse the recommendation of the Planning Com- mission and grant the requested use permit , stating that a limit on the permit of five years would be acceptable . Mr . Gardella then replied to questions from the Council regarding the need to make the building structurally sound within Code requirements , the intentions of the owners with regard to landscaping and term of anticipated use of the building . City Attorney Schricker advised that Council may either either reverse the Planning Commission recommendation , refer the matter back to the Commission or develop con- ditions upon which the permit would be granted . City Manager Fales stated that both procedural and substantive arguments are pre - sented in Mr . Gardella ' s letter . Mr . Fales suggested that in order to protect the Planning Commission ' s ability to make sensible recommendations , the matter might most properly be referred back to the Commission to make their judgment after con- sideration of the contents of the letter . MOTION : Councilman Weymouth moved , seconded by Councilman Leipzig , that the matter of denial of a use permit for the use of 628 Allerton Street for an appraiser ' s office be returned to the Planning Commission . Discussion followed and Mr . Fales and Mr . Schricker commented concerning the de - sirability of maintaining the advisory role of the Planning Commission rather than have the Council assume that role and asking them to take another look at the matter with regard to the information contained in Mr . Gardella ' s letter . The motion carried unanimously by voice vote . (MINUTE ORDER NO , 73 - 150 ) Reports of City Manager MOTION : Councilman Henderson moved , seconded by Councilman Norris , approval of all of the following items and adoption of the appropriate resolutions , titles having been read : Resolution No . 7034 Awarding Contract for the Furnishing of One Truck , Cab and Chassis with Dump Body ; and Rejecting All Other Bids Received , Resolution No . 7035 Awarding Contract for the Furnishing of One High Pressure Air Reservoir ; and Rejecting All other Bids Received . Resolution No . 7036 Transferring $456 . 00 from Appropriation for Supplies and Other Services , Department of City Controller to Appropriation for Capital Expenditures , Fire Protection , Fire Department . Resolution No , 7038 Awarding Contract for Furnishing of Chairs , Tables ; Table Caddies and Chair Carts ; and Rejecting All Other Bids Received . Resolution No . 7037 Transferring $7 , 500 from Appropriation for Capital Expendi - tures , Fair Oaks Community Center , Revenue Sharing Fund , to Appropriation for Capital Expenditures , Community Center , Department of City Manager , for Pur- chase of Furniture and Equipment for Community Center , Resolution No . 7039 awarding Contract for the Furnishing of Five FM Two-Way Radios ; and Rejecting All Other Bids Received . Resolution No . 7040 Awarding Contract for Traffic Signal Maintenance and Repair . Resolution No . 7041 Approving and Authorizing Execution of Grade Crossing Agreement ( Southern Pacific ) , Resolution No . 7042 Approving and Authorizing Execution of Agreement for Con- sulting Services Relating to General Insurance Coverage (Risk Treatment Services Company , Inc . ) Resolution No . 7043 Approving Plans and Specifications for Alteration of Electroliers and Traffic Signal Standard Pedestal Bases on Designated Streets ; and Authorizing City Clerk to Call for Bids Therefor . City Controller Ference advised that with regard to the agreement concerning insur- ance consulting services , the professional firm being employed will make recommen- dations as to whether the City should retain its present insurer or make other arrangements . 11/5/73 Reg . Mtg . r 1 - . .y -