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CITY COUNCIL MINUTES - October 5, 1977 D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: (Continued) L MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds, seconded by ` Councilman Proft and passed unanimously to adopt Resolution #1078 awarding the Contract for 1977 Street Resurfacing Project to Raisch Construction. 4W c) Surface Runoff Management Plan - Santa Clara County. Discussion ensued on the application of this plan to the Town and the revision of Item 7 on Page 17 to read as follows: The Association of Bay Area Governments (ABAG) should be designated as the regional agency responsible for disseminating and retaining the various county surface runoff management plans. It was then determined, by concensus, to direct the City Manager to notify the Coordinator for the County of this change. The City Manager then Introduced a letter from E. W. Baca, Engineer for Lands of Hutchins, requesting a time extension. MOTION SECONDED AND CARRIED: Then, moved by Councilman Proft, seconded by Council- man Cheney and carried unanimously to grant a time extension to November 23, 1977 for hearing on Lands of Hutchins, File TM #2053-77 Following clarification by the City Manager of the problems encountered in the granting of easements for the Improvement of East Branch of Barron Creek, the City Attorney outlined the legal procedures to be followed. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Councilman Proft and carried unanimously to adopt Resolution #1079 declaring intent to adopt one or more Resolutions of necessity determining that the public Interest and necessity require the Improvement of East Branch of Barron Creek project; that the project is planned and located in the manner that will be most compatible with the greatest public good and the least private Injury; and that the property sought to be acquired Is necessary for said project, and setting the time and place of a hearing at which persons whose property may be acquired by eminent domain may appear and be heardwlth respect to the matters to be determined. The date set being October 24, 1977 at 5:00 p.m. 2. City Attorney: a) William Spangle 8 Associates, Inc. Agreement. The City Attorney cited the Contractor's unwillingness to sign the current contract containing a Hold Harmless Clause. Councilmembers questioned the necessity of this Clause In this particular Instance and determined to adher to the direction of the City Attorney. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and passed unanimously to delete Item 3 on the Contract and approve as amended. E. SPECIAL ORDERS: I. Public Hearings: a) Annexation and Pre -Zoning - LANDS OF PERRETT, 52.83 Acres. (Second Reading) <iS