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RECESS all Council members present. At 10:10 P. Ivl,, a five-minute recess was declared. Council reconvened at 10:Z0 P. lv[., with VA 71-17 A/ir. O.K. Earl was present H. & J. MABURY COMPANY and stated that he had sent a letter to the Council through the City A4anager in which he had suggested a modification in the plan for the 304-apartment development at 1851 E. Fruit Street, and requested reconsideration of the matter on the basis of the new proposal. Councilman Evans, who disqualified himself from participating in the consideration of the appeal on Variance Application 71-17 at the May B, 1971, hearing because of a conflict of interest, stated that his company has since completed its report and there is no longer a conflict of interest; and requested a determination as to whether it would be proper for him to vote on this matter at this time. The City Attorney stated that since Councilman Evans was not present to hear all the testimony at the previous hearing, he should refrain from participation at this time. Councilman Herrin' s motion, seconded by Councilman Yamamoto to reconsider the appeal of the Iq. & J. IV~abury Company on Variance Application 71-17, carried on the following roll call vote: AYES: Iqerrin, Yamamoto, Villa, Griset NOES: Patterson, Markel ABSENT: None ABSTAINED: Evans Councilman Patterson' s motion, seconded by Councilman Yamamoto, to set this matter for public hearing on June 7, 1971, at 7:30 P.M., carried on the following roll call vote: AYES: Patterson, NOES: Markel ABSENT: None ABSTAINED; Evans Yamamoto, Villa, Herrin, Griset EXECUTIVE SESSION At 10:35 P. M., the meeting was adjourned to Executive Session to consider a legal and personnel matter pertaining to the City. The meeting reconvened at 11:30 P. M. , with all Council members present. CITY COUNCIL -160- May 13, 1971