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i. Adoption of Resolution No. 72-59, authorizing Progree Payment No. 1, in the amount of $17,157.17, to Les McDonald Construction Company for construction of Valley Avenue Improvements, Project 71-1. j. Adoption' of Resolution No. 72-60, authorizing Progress Payment No. 3, in the amount of $41,039.01, to East Bay Excavating Comp- any, Incorporated, for work completed on the Bernal Avenue Real- ignment, Project 71-4. k. Proclaiming May 1, 1972 as "Law Day". 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. ~I~ATTERS CONTINUED FOR DECISION Appeal of Humble Oil Comp.any from an adverse decision of the P.~.anning Commission in denying Conditional Use Permit Application No. 71-10, regarding the construction and opera.t. ion of an Enc0 service station on the southeasterly corner of Hopyard Road and .Valley. Avenue in. a Neigh- borhood Commercial District Mr. Edgar recommended that this matter be referred back to the Planning Commission and considered in accordance with the provisions of the new policy on service stations. It was moved by Councilman Pearson and seconded by Councilman Kinney that the appeal of Humble Oil Company from an adverse decision by the Planning Commission be referred back to that commission for review and consideration in accordance with the provisions of the new policy on service stations. The roll call vote was as follows: AYES: Councilmen Herlihy, Kinney, Mori, Pearson and Mayor Reid NOES: None ABSENT: None Review of Minor Subdivision Pr0.posal re: Lon.gview Mr. Edgar reviewed the minutes of the Minor Subdivision ~4eeting and read the twelve conditions relating to MS-72-1. Mr. Campbell displayed maps and pointed out the two lots that are of concern in this Minor Subdivision. Mr. Edgar reported that approval of the Minor Subdivision was conditioned on the City Council exempting this land division from the Restricted Growth Policy and recommended that this determination be made by the City Council. In reference to Condition No'. '10, regarding the water line'being damaged during the excavation work and being fully repaired to the satisfaction of the Director of Public Works and the Water Superintendent prior to the signing of the Parcel Map, Mayor Reid emphasized that part of the purpose of approving this subdivision initially, was that it was con- sidered to be in the best interest of the city as a whole, but there has 2. 4-24-72