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f. Adoption of Resolution No. 76-285, reinstating Chas. Gielow as a member of the Park and Recreation Commission. g. Adoption of Res~lution No. 76-286, accepting Diving Pool addition, Amador Valley Community Park, State Project No. 01-0013, authorizing final pay- ment to Geremia Pools, Inc., in the amount of $676.80, and directing the City Attorney to file Notice of Completion. h. Adoption of Resolution No. 76-287, approving Federal Funding Program for replacement of Railroad Advance Warning Signs on Federal Aid Routes, and authorizing execution of the State Agreement. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, Mercer, and Mayor Philcox NOES: None ABSENT: Councilmember LeClaire MEETING OPEN TO THE PUBLIC George Withers, Fire Captain, 4180 Jensen Street, presented a letter to the City Council dated December 13, 1976, requesting payment in the amount of $3,713.04, for costs incurred during his recent appeal hearing regarding disciplinary action. Mr. Withers stated he felt reimbursement would not constitute a gift of public funds and requested Council to give considera- tion of this reimbursement. }~. Scheidig stated that there was no basis for this claim and its pay- ment would be a gift of public funds under the provisions of the California Constitution, Article XVI, Section 6. Mr. Scheidig advised that the costs in question would not be totally recoverable in court if this matter had been heard there instead of before the Personnel Committee. After considerable discussion, it was the consensus of the Council that no reimbursement would be made to Mr. Withers for expenses incurred in his recent appeal hearing because it would constitute a gift of public funds. Mr. Jim McDermott, 5598 Corte Sonora, asked if Council intendeel to take any action on his three requests of December 6, 1976, relative to the Fire Division. Council stated it did not intend to take any action. Mr. McDermott requested the City Council to consider establishing a citizens committee re- garding Fire Service in the City. Council took no action. ~ppointment to Alameda .County Mosquito Abatement Board It was moved by Councilmember Mercer, and seconded by Councilmember Herlihy, t}'~at Resolution No. 76-288, reappointing John Vizzolini as a member of the Alameda County Mosquito Abatement Board for a two year term, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, Mercer, and Mayor Philcox NOES: None ABSENT: Councilmember LeClaire Council expressed appreciation to Mr. Vizzolini for twelve years of out- standing service on this Board. PUBLIC HEARINGS RZ-76-i4, Application to place into the S (Study) District the followin~ four __ areas: (1) an approximate 18.6 acre parcel of land located at the southeast corner of Foothill Road and Bernal Avenue; (2) approximately 66 acre parcel of land located between the Pleasanton Recreation and Sports Park and the Arroyo Mocho, just easterly of Hopyard Road; (3) an approximate 16 acre area located between Rotringer Park on the south and Vineyard Avenue on the north just westerly of Pico Avenue; and (4) the southwesterly half of the block bounded DV Rose Avenue, Fair Street, Division Street and Pleasanton Avenue, including. all of the parcels of land with frontage on Rose Avenue and the southerly two parcels with frontage on Pleasanton Avenue Mr. Harris presented his report dated December 8, 1976, regarding this matter, and requested that no action be taken to place these properties in a Study District. 2. 12/13/76