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43,c' A ballot vote was taken and the results are as follows: Howard Neely 3 votes Pat Geary 2 votes It was moved by Councilmember Butler, and seconded by Councilmember Wood, that Resolution No. 78-130, appointing Howard Neely as a member of the Housing Authority Board, to fill the vacated seat of John F. Hansen, for a term of four years, said term to expire February 1, 1982, be adopted. The roll call vote was as follows: AYES: Councilmen Brandes, Butler, Kephart, Wood, and Mayor Mercer NOES: None ABSENT: None PUBLIC HEARINGS Appeal of Frank C. Brandes, Jr.~ of a decision of the Plannin~ Commission and Design Review Board approving Cases U~7.876.~nd Z-78-42~ applications for a Conditional Use Permit and design review for a service station proposed for. the 1.1 acre site located at the northwest corner of the intersection of Hop- yard Road and Johnson Industrial Drive (Continued Open from 5-9-78) and Appeal of Wickland Oil Company of two conditions .imposed by Plannin~ Commission on the above application (Continued Open from 5-9-78) Mayor Mercer stated he would abstain from any discussion or decision on these items because of Conflict of Interest. Mayor Mercer turned the conduct of the meeting over to Vice Mayor Brandes. Vice Mayor Brandes stated this item was to consider his appeal of the deci- sion of the Planning Commission and Design Review Board for a proposed service station by Wickland Oil Company, and the appeal of Wickland Oil Company regard- ing t~o of the conditions imposed by the Planning Commission on the application. Mr. Harris presented his report dated April 26, 1978, regarding this matter. Vice Mayor Brandes declared the continued public hearing open on these two items. Mr. Lee Am~ral, Attorney, representing Wickland Oil Company, presented background information on the location and stated his client felt this was an appropriate site for the proposed development, that a traffic survey had been conducted by a traffic consultant which revealed that traffic would not be significantly increased because of this development, and that the economic impact would be good for the area. Mr. Amaral urged favorable consideration of this application. Mr. Gil Barbee, 147 Bernal Avenue, stated he would favor a service station in the area with diesel sale, as he now had to go to Hayward for this service. Mr. John Wickland, 2150 Stone Boulevard, Sacramento, stated he felt the area supports the servicing of truck traffic, and that it was important that the diesel island be allowed for economic reasons. He stated that with regard to the driveway condition, he felt this should be allowed on Hopyard Road as the other three competitors on this corner had access onto Hopyard Road. 3. 5/23/78