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i 387 Councilman Granger moved approval of the minutes of December 7th as mailed, seconded by Councilman Spillers and carried. PUBLIC HEARING ON APPEAL FROM GRANTING OF VARIANCE TO TOM CUNNINGHAM for the construction of a five unit apartment house on substandard lot containing approximately 5,000 feet on Lot 6, Block B, Boyd & Kent's Addition,nlocated on the northeast corner of Hemlock Avenue and Madrone Street in an R-3 District. The public hearing was declared open and the affidavits of notice ordered filed. The Clerk read the pet- ition (16 signatures), protesting the granting of the variance to allow an apa rtment housep Mrs. Manuel Morales, 228 Madrone Street, Harry Mitchell, 135 Hemlock Street; Henry Bennett, 127 Hemlock Street, Rev. Clifford Martin, representing the Mto Zion Church, and Mrs. Artie Morgan all protested the granting of the variance. Town Cunningham also addressed the Council. After considerable discussion, Councilman Weymouth moved that the public hearing be closed, seconded by Councilman Rosselli and carried. Councilman Weymouth moved that the application be denied and the proceedings be terminated (MINUTE ORDER #59-222), seconded by Councilman Rosselli and carried on roll call, Councilmen Fields, Granger, Herkner, Rosselli, Spillers and Weymouth voting yes and Mayor Royer voting no. Councilman Spillers moved to turn the entire area back to the Planning Commission for consideration of rezoning, seconded by Councilman Rosselli. After further discussion, Councilman Spillers restated his motion that the entire area zoned R-3 be referred back to the Planning Commission for reconsider- ation of rezoning. Councilman Rosselli withdrew his second. Councilman Herkner then s econded the motion. Councilman Rosselli amended the motion and added that they consider the whole area from Woodside Road to Center Street, and from El Camino Real to Cypress Street for rezoning, seconded by Councilman Granger, Mayor Royer advised the people that although this was the action they requested that they check ca refully with the proposed ordinance on substandard lots and make sure they won't be hurt by any changes in the zoning of the area. The motion carried on roll call with Councilmen Fields, Granger, Rosselli, Weymouth and Mayor Royer voting fires and Councilmen Herkner and Spillers voting no. (MINUTE ORDER #59-223) PUBLIC HEARING ON THE WEED ABATEMENT PROGRAM. The public hearing was declared openand the affidavit of publication ordered filed. Leroy Simpson, 2719 Whipple Avenue, objected to the weed condition in Circle Park and asked that the City take care of it. Councilman Spillers moved that the public hearing be closed, seconded by Councilman Herkner and carried. Councilman Herkner moved adoption of RESOL- UTION N0*, 2931 ORDERING STREET SUPERINTENDENT TO ABATE WEED NUISANCE, seconded by Councilman Fields and carried unanimously on roll call. Councilman Spillers, after Mr. Meal stated that the Engineering Department is working on the drawing up of the petition for the assessment district, moved adoption of RESOLUTION N0, 2932 OVERRULING ACTION OF THE PLANNING COMMISSION AND APPROVING THE SUBDIVISION OF -THREE LOTS LOCATED AT 1560 KENTFIELD AVENUE (Dino Pardini and Gaetano Ferrigno), seconded by Councilman Granger and carried on roll call, Council- man Fields, Granger, Herkner, Rosselli, Spillers and Mayor Royer voting yes and Councilman Weymouth voting no. APPOINTMENT TO THE PARK AND RECREATION COMMISSION. Councilman Spillers moved to carry this item on the El agenda for one week (MINUTE ORDER #59-224), seconded by Councilman Rosselli and carried. Bay Area Air Pollution Control District requests the Council to consider adopting a resolution requesting the Governor of California to call a special session of the California State Legislature on the sub - Jett of controlling motor vehicle exhausts. Councilman Spillers moved adoption of 9M OLUTION N0.% 2933 REQUESTING THE GOVERNOR OF CALIFORNIA TO PLACE BEFORE THE BUDGET SESSION OF THE CALIFORNIA STATE LEGIS- LATURE AS A SPECIAL SUBJECT THE PROBLEM OF CONTROLLING MOTOR VEHICLE EXHAUSTS, seconded by Councilman Granger and carried unanimously on roll calls