08-0205_CC_Minutes_Regular Meeting2-5-2008 1
MINUTES
FEBRUARY 5, 2008
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION
Mayor Soto called the Closed Session of the City Council of the City of San Juan
Capistrano to order at 5:30 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso,
Mayor pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Cynthia L. Russell, Assistant City
Manager; Omar Sandoval, City Attorney; Meg Monahan, City Clerk
CLOSED SESSION (610.85)
A Closed Session was held for the following purpose, as authorized by statute:
1. Pursuant to Government Code Section 54956.8, the City Council conferred with
its real property negotiator (City Manager) regarding a review of price and terms
of potential acquisition of Assessor’s Parcels 121-070-66; 121-050-16; 649-491-
29; 649-491-30; 649-451-52; 649-451-53; 649-451-54; 649-451-55; 649-421-02;
649-421-03; 649-421-04 located generally in the northwest area of the City
between Trabuco and Oso Creeks and the western City limit. The property owner
is J.F. Shea Co.
2. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with its legal counsel regarding one potential case.
3. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with its legal counsel regarding the status of Save Our San Juan vs. City of San
Juan Capistrano.
Mayor Soto invited the public to provide comment. There was no public comment
and the meeting was moved to Closed Session chambers.
RECESS UNTIL 6:30 P.M.
2-5-2008 2
BUSINESS SESSION
Mayor Soto called the Regular Meeting of the City Council of the City of San Juan
Capistrano to order at 6:34 p.m. in the City Council Chamber. Boy Scout Troup 724 led
the pledge of allegiance; and Council Member Nielsen gave the invocation. Mayor Soto
dedicated the meeting in memory of Mr. Wilson Buckner, an outstanding community
member who made many contributions to the City of San Juan Capistrano.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato (depart at 10:20 p.m.), Tom
Hribar, Dr. Londres Uso, Mayor pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Cynthia L. Russell, Assistant City
Manager; Omar Sandoval, City Attorney; Maria Morris, Deputy City Clerk; Steven A.
Apple, Planning Director; Nasser Abbaszadeh, Engineering & Building Director; Karen
Crocker, Community Services Director; Lt. Mike Betzler, Chief of Police Services; Grant
Taylor, Assistant Planning Director; Douglas D. Dumhart, Economic Development
Manager; Ziad Mazboudi, Senior Civil Engineer; Eric Bauman, Water Services
Manager; Michael Cantor, Senior Management Analyst; and Eileen White, Recording
Secretary.
Agenda items are presented in the originally agendized format for the benefit of the
minutes’ reader, but were not necessarily heard in that order.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato reported his upcoming Coastal Commission meeting to be
held at Del Mar fairgrounds in regard to the toll road extension proposal; listed the
benefits the extension will provide; and corrected information distributed by opponents.
Council Member Hribar reported the installation of a solar system at his home; and
attendance at the Mission Employees Recognition Luncheon, Water Conservation
Workshop, Boys & Girls Club Youth of the Year event, and the CARE car show.
Council Member Uso reported attending the Government Affairs reception; meeting with
representatives from Distrito La Novia/Meadows projects; volunteering at Habitat for
Humanity event; and meeting with attorney in regard to increasing the Redevelopment
programs. In addition he reported a luncheon with school officials; meeting with Trolley
2-5-2008 3
Agency; and attendance at the Boys & Girls Club youth of the year event and a meeting
to discuss improvements to an existing equestrian facility.
Mayor pro tem Nielsen reported meeting with representatives from Distrito La
Novia/Meadows projects; participation in the Guild Annual Luncheon for the Ocean
Institute; attending the Mission Employees Recognition Luncheon; meeting with Mexico-
Lindo Vaquero West building owner; Trolley Agency meeting; Lower Rosan Sub-
committee meetings; and Open Space Planning Subcommittee meeting.
Mayor Soto reported attending the South Orange County Association of Mayors’
Breakfast; 2008 Italian/American 18th Anniversary Dinner Dance celebration; Mission
Employees Recognition Luncheon; CREER meeting; Water Conservation Workshop;
and the CARE car show.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen, Chair of the Open Space Committee, announced the next
meeting scheduled for February 11, 2008, 7:00 p.m. at the City Council Chamber to
discuss the Open Space Master Plan update, possible open space bond measure, and
a report from the Finance Sub-Committee regarding potential acquisition of open space.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Fourth Annual Band showcase; State of the City at El Adobe
Restaurant; and free admission for teachers to the Mission in celebration of Teacher
Appreciation Day.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. LONG TERM EMPLOYEE REGGIE FRIES RECOGNIZED. (730.90)
Cindy Russell, Assistant City Manager, recognized Reggie Fries, Maintenance
Worker II, for 10 years of service to the City; and Mayor Soto presented him with
a Certificate of Recognition.
2. CERTIFICATES OF APPRECIATION PRESENTED FOR CONTRIBUTIONS TO
THE CITY’S 2007 TREE LIGHTING CEREMONY. (610.40)
Karen Crocker, Community Services Director, recognized Victor’s Custom
Christmas Tree, BotaCo Landscape Maintenance, Capistrano Crane Service,
Denault’s True Value Hardware, Ewless Building Materials, Excel Electric, Insley
Construction, Quinn Rental Service, SDGE Sempra Energy Utility, Ed Stewart &
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Associates, United Rentals Service, and White Cap for their vast contribution to
the City’s 2007 Tree Lighting Ceremony; and Mayor Soto presented the
businesses present with plaques recognizing their contributions.
3. ALLISON BAILEYS AND HER HORSE TACHÉ ROUGE RECOGNIZED FOR
BEING AWARDED GRAND CHAMPION JUNIOR HUNTER HORSE OF THE
YEAR. (610.40)
Cindy Russell, Assistant City Manager, recognized Alison Baileys for her
perseverance, drive and impressive first-place finish in the national standings;
and Mayor Soto presented her with a Certificate of Recognition.
4. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
REGIONAL TRANSPORTATION PLAN PRESENTED. (610.40)
Joseph Alcock, Southern California Association of Governments gave a
presentation on the Regional Transportation Plan, and staff to respond with a
comment letter.
5. CITY HALL ENVIRONMENTALLY FRIENDLY LANDSCAPE AND IRRIGATION
DEMONSTRATION PROGRAM PRESENTED. (610.40)
Ziad Mazboudi, Senior Civil Engineer, gave a presentation on City Hall
Environmentally Friendly Landscape and Irrigation Demonstration Program.
6. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Nielsen recognized the following individuals in attendance: Kathy
Hooper, Parks, Recreation and Equestrian Commission; Ginny Kerr, Planning
Commission; Laura Freese, Housing Advisory Committee; Les Blair, San Juan
Senior Liaison; Fire Chief Chip Prather; Division Chief Rick Robinson, and Jeff
Schroeder, Fiesta Association.
ORAL COMMUNICATIONS
Robert Fisher, San Clemente resident, expressed willingness to work with the City in
regard to possible acquisition of J.F. Shea Co. property for a high quality equestrian
center that would provide boarding and equestrian events.
Jack Campbell, City resident, felt the City’s newsletter looked too expensive to produce,
and recommended looking into ways of cutting costs.
Ron Nelson, San Juan Roofing, remarked on the denial of a permit for a single-ply
roofing system on a flat patio cover. Nasser Abbaszadeh, Engineering & Building
Director will follow up.
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Joan Irvine Smith, City resident, inquired into the status of the Ortega Widening project
and expressed opposition to the 241 extension. Nasser Abbaszadeh, Engineering &
Building Director, announced Caltrans decision to prepare an Environmental Impact
Report (EIR) which might take up to 12 months.
Jim Vance, City resident, spoke in regard to correspondence he provided the Council
updating them with the purchasing of Capistrano Terrace Mobile Home Park; spoke on
the definition of freedom; and expressed his support for the completion of the 241 toll
road and the need for traffic solutions.
James Cummings, City resident, spoke in regard to ongoing dispute with next door
neighbors concerning dog barking. He described the sign put up by his neighbor
encouraging drivers to honk if they love dogs. Omar Sandoval, City Attorney will meet
with Mr. Cummings regarding this matter.
Dusty Otero, City resident, encouraged the closure of Chevron station due to MTBE
issues.
John Perry, City resident, delivered a letter to Mayor Soto concerning the City’s inability
to provide quality water from the ground water recovery plant; and requested a written
response to the questions put forth in his letter.
Richard Gardner, Capistrano Beach resident, announced an upcoming South Coast
Water District meeting regarding ocean desalination; and spoke on San Juan Basin
Authority’s contribution to the design of the groundwater recovery plant.
Ginny Kerr, City resident, encouraged Council to consider installing a Metrolink station
at the Lower Rosan Ranch property.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Nielsen, and carried unanimously, 4-0, (with Council Member Allevato absent) to
approve items 1, 3 through 6 and 10 as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE SPECIAL MEETING OF JANUARY 8, 2008, APPROVED
WITH REVISIONS.
This item was removed from the Consent Calendar by Mayor pro tem Nielsen for
revision.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Nielsen and carried unanimously, 4-0, with Council Member Allevato absent,
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to approve the minutes of the Special Meeting of January 8, 2008, with the
following revision: Page 3, last sentence, paragraph 5 to read “and the
assistance for more H1B visas…” instead of “and the passage of Bill H1BB…”:
3. ACCOUNTS PAYABLE WARRANTS DATED JANUARY 17, 2008, IN THE
AMOUNT OF $955,061.89; AND PAYROLL WARRANTS DATED JANUARY 11
AND 25, 2008, IN THE TOTAL AMOUNT OF $563,150.86, RECEIVED AND
FILED. (300.30)
4. NEW DEVELOPMENT APPLICATIONS STATUS REPORT, MONTH ENDING
JANUARY 15, 2008, RECEIVED AND FILED. (440.10)
5. CLAIM OF JAMES KUBAT DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY’S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.10)
6. AGREEMENT FOR SHARED USE OF ELECTRICAL PANEL LOCATED IN THE
MULTI-MODAL TERMINAL AREA BETWEEN THE CITY AND 26755
VERDUGO, LLC, APPROVED. (LOT 4 OF TRACT 50) (600.30)
7. RESOLUTION NO. 08-02-05-01 ADOPTED ACCEPTING REGIONAL
RECYCLING AND WASTE DIVERSION GRANT FUNDS FROM THE COUNTY
OF ORANGE. (810.60)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen to
clarify with staff that no commitment is required from the County as a result of the
grant award.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 4-0, with Council Member Allevato
absent, to adopt Resolution No. 08-02-05-01, entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING REGIONAL RECYCLING AND WASTE DIVERSION
GRANT FUNDS FROM THE COUNTY OF ORANGE AND AUTHORIZING
STAFF TO DISBURSE FUNDS AS PRESENTED.”
8. MEMORANDUM OF UNDERSTANDING APPROVED; RESOLUTION NO. 08-
02-05-02 ADOPTED APPROVING THE FIESTA ASSOCIATION’S REQUEST
TO WAIVER OF PERMITS; AND EXCEPTION FOR FIREARM DISCHARGE
APPROVED FOR THE 2008 FIESTA DE LAS GOLONDRINAS 50TH YEAR
CELEBRATION. (600.30/390.30)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen to
suggest the Fiesta Association continue to work toward covering the hard costs
associated with these events; and establish from staff that each vendor is
required to provide its own indemnification insurance.
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Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 4-0, with Council Member Allevato
absent, to approve the Memorandum of Understanding with the San Juan
Capistrano Fiesta Association and the City of San Juan Capistrano, which
recognizes the Fiesta Association as the lead agency in planning, coordinating,
and conducting all official events associated with the 2008 Fiesta De Las
Golondrinas 50th year celebration; authorize the City Manager to sign the
Memorandum of Understanding on behalf of the City Council; and adopt
Resolution No. 08-02-05-02, entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
REQUEST FOR A WAIVER OF CITY FEES TO THE SAN JUAN CAPISTRANO
FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2008
FIESTA DE LAS GOLONDRINAS 50TH YEAR CELEBRATION, SWALLOWS
DAY PARADE, JULY 4TH CELEBRATION, AND GRANTING AN EXCEPTION,
TO THE CITY’S FIREARM DISCHARGE REGULATIONS FOR HOOS’GOW
DAY AND SWALLOWS PARADE DAY.”
9. “GREEN COMMUNITY” BEAUTIFICATION PROJECT OF EL CAMINO REAL
PARK APPROVED. (LA ZANJA AND CAMINO CAPISTRANO) (920.10)
This item was removed from the Consent Calendar by Council Member Hribar to
recommend the Roy Nunn bus stop design for this site.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 4-0, with Council Member Allevato
absent, to approve the “Green Community” beautification project to be
constructed as a volunteer community planting day for El Camino Real Park on
the corner of La Zanja and Camino Capistrano as proposed.
10. REPORT OF INVESTMENTS, MONTH ENDING DECEMBER 31, 2007,
RECEIVED AND FILED; AND THE CITY CLERK DIRECTED TO FORWARD
THE REPORT OF INVESTMENTS FOR THE MONTH ENDING DECEMBER 31,
2007, TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY
COMMISSION. (350.30)
PUBLIC HEARINGS
1. PARADE PERMIT AND TEMPORARY STREET CLOSURES FOR THE
ANNUAL FIESTA DE LAS GOLONDRINAS AND MERCADO, SATURDAY,
MARCH 29, 2008, APPROVED. (150.60)
Description: The San Juan Capistrano Fiesta Association submitted an
application for a parade permit for the Fiesta De Las Golondrinas Parade,
including temporary street closures for downtown streets to accommodate the
parade and Mercado, to be held on Saturday, March 29, 2008. Staff
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recommended Council approve the temporary street closures for the Fiesta De
Las Golondrinas Parade and the Mercado on Saturday, March 29, 2008; and
approve the issuance of a parade permit to the San Juan Capistrano Fiesta
Association, per City Municipal Code Section 5-11.05 (b).
Written Communications: Report dated February 5, 2008, by Alan Oswald,
Senior Engineer/Traffic.
Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized
the staff report.
Mayor Soto opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Uso, seconded by Mayor pro tem
Nielsen and carried unanimously, 4-0, with Council Member Allevato absent, to
approve temporary street closures for the Fiesta de las Golondrinas parade and
Mercado on Saturday, March 29, 2008; and approve issuance of a parade permit
to the San Juan Capistrano Fiesta Association, per City Municipal Code Section
5-11.05 (b).
2. CONSIDERATION OF APPEAL OF PLANNING COMMISSION DENIAL OF
ARCHITECTURAL CONTROL (AC) 06-12, MEXICO LINDO-VAQUERO WEST
BUILDING LOCATED AT 26755 VERDUGO STREET IN THE TC (TOURIST
COMMERCIAL) ZONE DISTRICT CONTINUED TO FEBRUARY 19, 2008.
(GENERALLY LOCATED ON THE EAST SIDE OF “THE SANTA FE RAIL
DEPOT” AND NORTH OF THE FRANCISCAN PLAZA-CELEBRITY
THEATERS) (APN 121-141-11) (ERIC ALTMAN) (410.60)
No action taken – Item to be heard on February 19, 2008.
3. CONSIDERATION OF CODE AMENDMENT (CA) 07-02 TITLE 9
AMENDMENTS TO THE SAN JUAN CAPISTRANO MUNICIPAL CODE (TITLE
9) PERTAINING TO ZONING PROCEDURES, ADMINISTRATION AND
DEFINITIONS CONTINUED TO APRIL 1, 2008. (420.30)
Description: Since the 2002 Land Use Code Update was adopted on October
15, 2002, staff and the Planning Commission have identified concerns with some
of the language, including clarification, definitions, omitted findings for project
approval, omitted time periods for approval, and typographical errors. On May
16, 2006, Council adopted Resolution No. 06-05-16-01 to authorize staff to
initiate Land Use Code revisions to address these concerns. The amendments
proposed by staff include three chapters of the Land Use Code and Definitions to
include Section 9-1.101 through 9-2.401 (General Procedures – Administration),
Section 9-4.101 through 9-4.405 (Subdivisions) and Appendix A (Definitions).
The code amendments were presented to the Planning Commission and public
for consideration, and revised in response to Planning Commission and City
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Attorney direction. Council reviewed the proposed code amendments at their
December 4, 2007, and January 15, 2008, meetings, and continued them to the
February 5, 2008, meeting. Staff recommended Council adopt a resolution
certifying the Negative Declaration/Initial Study; and approve first reading and
adoption of the ordinance regarding Code Amendment CA 07-02 (Title 9).
Written Communications:
Report dated February 5, 2008, by Grant Taylor, Assistant Planning Director.
Email dated February 5, 2008, from Lennie DeCaro, City resident, opposed to
the Land Use Code revisions, with copies of previously submitted opposition
letters attached.
Presentation: Grant Taylor, Assistant Planning Director, summarized the staff
report.
Mayor pro tem Nielsen requested an opportunity to meet with staff, City Attorney,
and Planning Commission representatives to review his recommended language
changes.
Mayor Soto opened the public hearing. Public hearing held open until the April 1,
2008, meeting.
Council Action: Moved by Council Member Uso, seconded by Council
Member Hribar, and carried unanimously, 4-0, with Council Member Allevato
absent, to continue consideration of Code Amendment (CA) 07-02 Title 9
Amendment to the San Juan Capistrano Municipal Code to the April 1, 2008,
regular meeting.
RECESS AND RECONVENE
Council recessed at 10:53 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 11:38 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. FIRST AMENDMENT TO THE AMENDED JOINT POWERS AUTHORITY
AGREEMENT APPROVED. (600.50)
Description: The Orange County Fire Authority (OCFA) provides regional fire
protection and related services to the County of Orange and 22 member cities.
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The Amended JPA Agreement, under which the Authority currently operates,
expires in 2010. The renewal process was started early to allow time to gather
input and allow substantial participation from all member agencies as well as
enable collaborative work without the pressure of an imminent deadline.
Following OCFA staff identification of areas of concern to be addressed, OCFA
staff and a City Manager/County working group developed terms for renewal.
The proposed First Amendment was drafted by OCFA General Counsel to reflect
the concepts developed by the working group. Staff recommended Council
approve the First Amendment to the Amended Joint Powers Authority Agreement
with the Orange County Fire Authority, and authorize the City Manger to execute
the Agreement on behalf of the City.
Written Communications: Report dated February 5, 2008, by Michael Cantor,
Senior Management Analyst.
Presentations:
Michael Cantor, Senior Management Analyst, summarized the staff report.
Chip Prather, Orange County Fire Authority Fire Chief, responded to questions
from Council concerning contract payment details and employment pension
issues.
Council Member Allevato commended Chief Prather for his leadership resulting
in minimum homes damaged and/or lost during the recent fires; and for his
guidance dealing with the many membership cities during the Amendment
deliberations.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Allevato and carried unanimously, 5-0, to approve the First Amendment
to the Amended Joint Powers Authority Agreement with the Orange County Fire
Authority; and authorize the City Manger to execute the Agreement on behalf of
the City.
b. REVIEW OF STATUS OF CITY COUNCIL PRIORITIES FOR FISCAL YEAR
2006/2007 AND CONSIDERATION OF WORKLOAD AND BUDGETARY
PRIORITIES FOR FISCAL YEAR 2008/2009 CONTINUED TO FEBRUARY 19,
2008. (330.20)
Written Communications: Report dated February 5, 2008, by Cynthia L. Russell,
Assistant City Manager.
Bob Slater, President, Friends of the San Juan Capistrano Library, wrote a letter
thanking the City Council for their support of the library redesign and expansion
project.
2-5-2008 11
Mayor Soto recommended Council review the staff report for this item and
contact staff if they have any questions. There was no oral presentation provided
prior to the continuation of this item.
Council Action: Moved by Mayor Soto, seconded by Council Member Uso
and carried unanimously, 4-0, with Council Member Allevato absent, to continue
Review of Status of City Council Priorities for Fiscal Year 2006/2007 and
Consideration of Workload and Budgetary Priorities for Fiscal Year 2008/2009 to
the February 19, 2008, meeting.
G2. PUBLIC WORKS DIRECTOR
a. REVIEW AND EVALUATION OF MTBE TESTING AND REMEDIATION BEING
CONDUCTED BY CHEVRON STATUS REPORT RECEIVED; AND STAFF TO
PROVIDE AN UPDATE EVERY 30 DAYS. (530.25)
Description: In March 2007 the Orange County Health Care Agency (OCHCA)
notified the City that there had been a release of Methyl Tertiary Butyl Ether
(MTBE) from Chevron gas stations at two sites, and identified Chevron as the
responsible party for both releases. In October 2007, Council approved an
agreement with PSOMAS to provide professional expertise and oversight for the
ongoing testing and analysis being undertaken by Chevron at the direction of
OCHCA. The two wells affected by the MTBE release are the Ground Water
Recovery Plant’s (GWRP) Dance Hall Well and the Tirador Well. Although the
trace amounts of MTBE detected at the wells are below the primary and
secondary standards, the wells have been shut down as a precautionary
measure. Staff recommended Council review and discuss the information
presented by Chevron, City staff, and the City’s consultant, PSOMAS; and by
motion, direct staff to provide regular updates to the City Council approximately
every 60 days at a regular City Council meeting.
Written Communications: Report dated February 5, 2008, by Cindy Russell,
Assistant City Manager.
Presentations:
Cindy Russell, Assistant City Manager, reviewed the status report.
Michael Donovan and John Thornton, representing PSOMAS, narrated a slide
presentation entitled “Update on Chevron Stations;” reviewed MTBE testing
procedures, minimums, and usage history; discussed clean up methods; listed
the other agencies that may be involved in treatment procedures if the MTBE is
found in streambeds; and addressed inaccuracies in the Chevron report.
Natasha Molla, representing Chevron, narrated a slide presentation indicating
potential options being considered to treat the affected sites; discussed test
2-5-2008 12
modeling parameters; summarized OCHCA testing guidelines, discussed
difficulties Chevron is encountering in its efforts to access private properties; and
noted Chevron’s intention to perform the work at night and minimize traffic
disruptions. She described the route the MTBE is expected to follow,
recommended the City speak to cities that have experienced MTBE
contamination in the past, and discussed factors contributing to fluctuating data.
Jack Frame, representing Chevron, discussed Chevron data collection methods,
clean up alternatives, and MTBE flow levels.
Council Comment:
Council Members acknowledged the importance of contracting with PSOMAS as
a secondary check on the water status, supported the decision to close the wells
as a precautionary measure; and expressed disappointment with Chevron
concerning the slow progression of the MTBE detection process, reaction to the
situation, and lack of timely progress reports. They requested Chevron act
quickly and efficiently to resolve the issue, keep the City informed monthly as to
their progress, give private property owners what they need to expedite the
process, and work diligently to avoid as much as possible any traffic disruption
on Del Obispo.
Council Action: No action required. Staff directed to provide monthly updates
at regular meetings.
Council Member Allevato left the meeting at 10:20 p.m.
ORDINANCES - None
COUNCILMANIC ITEMS
1. Council Member Hribar proposed the adoption of a resolution at a future City
Council meeting to express discontent in recent actions from the City of
Berkeley’s City Council decision of telling the U.S. Marines that their downtown
recruiting station is not welcomed. Council Members Uso and Allevato, Mayor
pro tem Nielsen and Mayor Soto, concurred that a resolution be brought back.
2-5-2008 13
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 11:40 p.m. to
Tuesday, February 19, 2008, at 5:30 p.m. for Closed Session and 6:30 p.m. for the
Public Business Session in the City Council Chamber.
Respectfully submitted,
_________________________________
MARIA MORRIS, DEPUTY CITY CLERK
Approved: March 4, 2008
ATTEST:
__________________________________
JOE SOTO, MAYOR