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i. Adoption of Resolution No. 72-168, approving an amendment to O.S.I. Contract for Computer Service. j. Adoption of Resolution No. 72-169, approving progress payment No. 2, to Willjams Bros., Construction Coo, for street improvements, Hopyard Road at Black Avenue, Project 72-3, in the amount of $3,280~50. k. Adoption of Resolution No. 72-170, approving progress payment No. 3, to Steiny and Company, for traffic signal installation, Black Avenue at Hopyard Road and Santa Rita Road, Project 72-3S, in the amount of $22,950.00. 1. Adoption of Resolution No. 72-171, approving progress payment No. 2, to Precomp Tanks, Inc., for construction of Bonde Reservoir, Project 72-4, in the amount of $22,186.80. The roll call vote was as follows: AYES: Councilmen Herlihy, Kinney, Mori, Pearson and Mayor Reid NOES: None ABSENT: None PUBLIC HEARINGS There were no public hearings scheduled for this meeting. MATTERS CONTINUED FOR DECISION Approval of Agreement with Gravel Companies Mayor Reid stated that no signed agreement had been received at this time. Mr. Hirst explained that he had met with representatives of the gravel indus- tries on numerous occasions, in an attempt to work out satisfactory language in the agreement. The two matters in question involved the Advance of Materials in the amount of $50,000.00, and the provisions regarding circumstances under which the agreement could be terminated. Mr. Hirst further stated he had just 10 min- utes earlier received a draft agreement from the gravel companies which, in his opinion, was acceptable and in accordance with the guidelines set forth by the City Manager in his letter of September 6, 1972o Mr. Boris Lakusta, Attorney, representing the gravel companies, stated that the agreement is essentially satisfactory to the gravel companies in the form in which it has been drafted. He further stated that with regard to the item of the $50,000.00 iAdvance for Materials, it was his understanding that this was an acceptable figure according to the Engineers of the City and gravel industry. Mr. Lakusta stated the language regarding the termination clause seemed clear to him Mayor Reid reiterated the history of the truck route ordinances; No. 667 being the tough ordinance eliminating trucks from all City Streets; and No. 670 allowing trucks on Stanley Blvd.-First Street-Sunol Blvdo, with conditions attached. Mayor Reid urged support of Ordinance No. 667, stating that Ordinance No. 670 would be a compromise and give the City considerably less than it had asked for. Mayor Reid moved to waive the reading, and adopt Ordinance No. 667. The motion died for lack of a second. After considerable discussion, Mayor Reid recessed the meeting to an Executive Session at 8:55 P.M., to discuss possible litigation arising out of the adoption of either of the above mentioned ordinances. Mayor Reid reconvened the meeting at 9:05 P.M~ Councilman Mori asked if the agreement was available for signature at this time. Mr. Hirst replied that the draft agreement had been given to him earlier this evening, and could be signed. 10/9/72