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Parks and Community Services 7. Accepted public improvements performed by Suarez & Munoz Construction, Inc. for West Las Positas Median Island Landscaping, Phase 2, Project No. 087041; authorized the City Clerk to file a Notice of Completion and payment of retention in the amount of $18,723.70 Motion: It was M/S by McGovern/Cook-Kallio to approve Consent Calendar as submitted, and as noted. Motion passed by the following vote: Ayes: Councilmembers Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: None MEETING OPEN TO THE PUBLIC 8. Public Comment Ted (and Sue) Crowton cited health concerns resulting from odor and chemical haze emanating from the DSRSD treatment plant. He noted that while plant staff informed him that emitted chemicals did not and could not contaminate his area of the City, a recent study indicates that contamination does reach his area. An additional conversation with plant staff informed him that the plant's needed improvements would necessitate a rate increase. Mr. Crowton relayed stories and comments from residents and visitors regarding the odor and asked the Council to establish an oversight committee comprised of residents to review the situation and provide recommendations. Mayor Hosterman asked City Manager Fialho to contact Mr. Cronin far further discussion. Mr. Fialho agreed, and invited Mr. Crowton to attend an upcoming DSRSD liaison meeting to be attended by Councilmembers McGovern and Thorne. Kay Ayala asked the Council to direct the City Attorney to prepare an amicus brief defending the conflicts associated with approval of Measures PP and QQ. Kathy Dowding read into the record the names of 7 soldiers killed in Mosul, Iraq on February 9, 2009. PUBLIC HEARINGS AND OTHER MATTERS 11. Continued from February 3, 2009 -Public Hearing: PAP-131 (PCUP-224), Little Ivy League School -Consider an appeal of the Planning Commission's approval of a conditional use permit to operate a tutorial school with a maximum of 90 students at 5925 West Las Positas Boulevard, Suite 200 Community Development Director Brian Dolan reviewed the application for a tutorial school at the proposed location in the existing Korean Presbyterian Church. The school would accommodate a maximum of 90 children with a minimum age of 4 years and 9 months. Curriculum would concentrate on Chinese language and culture as well as English and mathematics. The facility is located directly across from Hart Middle School, is approximately 40,000 square feet of which the church occupies roughly half, and the school classrooms would comprise approximately 8,000 square feet. City Council Minutes Page 2 of 19 February 17, 2009