CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, APRIL 24, 2007
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER REDEVELOPMENT AGENCY (5:31 PM) - 734 Third Street, City Council Chamber

Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC COMMENTS - None (5:32 PM)

ADJOURN TO CLOSED SESSION - 150 City Park Way, City Hall Conference Room (5:33 PM)
Motion: adjourn to Closed Session.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

1. Redevelopment Agency Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: 400 Guthrie Lane. Negotiating Party: Paul Taylor. Agency Negotiators: Howard Sword/Gina Rozenski. Under Negotiation: Price and terms of payment.

CALL TO ORDER JOINT CITY COUNCIL/REDEVELOPMENT AGENCY WORKSHOP - (6:04 PM)
Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC COMMENTS (6:04 PM)

WORKSHOP - Review of the 2007/08 - 2011/12 Capital Improvement Program (P. Ehler)
Workshop Notice

RECESS CITY COUNCIL/REDEVELOPMENT AGENCY (6:50 PM)

CALL TO ORDER JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING- 734 Third Street, City Council Chamber (07:00 PM)

Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

REPORT ON CLOSED SESSION (if any) - None (07:01 PM)

PRESENTATION (07:01 PM)

A. Proclamation declaring May as National Drown-Prevention Month

Sandra Myers, Chair of the Parks & Recreation Commission, accepted the proclamation and said brochures on safety were available at the Parks & Recreation office, Aquatics Center and Planning.

PUBLIC COMMENTS (07:04 PM)

Steve Lopez spoke regarding the need for more employment opportunities, the RGMP, Congressman NcNerney's visit and the Village Community Resource Center.

Holly Hartman spoke on behalf of the Liberty Union High School District Board of Trustees and read a letter into the record from the Board of Trustees regarding the Civic Center Five Year Financing and Phasing Plan. The School District remained committed to working with Council and staff to create joint use projects to benefit students, citizens, and communities served.

CONSENT CALENDAR (07:14 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of April 10, 2007. (M. Wimberly)

Council Member Richey abstained on Item 1.

2. Accepted the proclamation declaring May as Water Awareness Month. (B. Grewal)

3. Accepted the American Public Works Association National Public Works Week proclamation (B. Grewal)

4. Accepted the resignation of Cameron Sessions from the Brentwood Advisory Neighborhood Committee (BANC). (P. Scherff/B. Gary)

5. PULLLED FOR DISCUSSION - Directed Parks & Recreation Staff to work with the Lions Club on the Youth in Government Day Program for March of 2008. (P. Scherff/B. Gary)

6. Received and filed informational report on final map approval by the City Manager of Subdivision No. 8311, Carmel Estates, developed by Pulte Homes. (B. Grewal/J. Ward)

7. Adopted Resolution 2007-71 approving and authorizing the Water Division to begin implementation of a Pilot High Efficiency Toilet Rebate Program in the amount not to exceed $2,000. (B. Grewal/C. Ehlers/D. Williford)

8. Adopted Resolution 2007-72 adopting the Amendment to the 2005 Urban Water Management Plan as recommended by and approved by the California Department of Water Resources. (B. Grewal/C. Ehlers/D. Williford)

9. Adopted Resolution 2007-73 approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Pulte Homes Corporation, a Michigan Corporation for Subdivision 8311 (Carmel Estates) (H. Sword/K. Reed)

10. Adopted Resolution 2007-74 of the City Council of the City of Brentwood approving the application for grant funds from the Environmental Enhancement and Mitigation Program under Section 164.56 of the Streets and Highways Code for the Highway Landscaping and Urban Forestry on Sand Creek Road East (C. Bronzan/K. Wahl)

11. Adopted Resolution 2007-75 amending the City Council/Administrative Policy No. 10-9, Use of Vehicles and Related Equipment. (P. Ehler/D. Davies/M. Huber)

12. Adopted Resolution 2007-76 declaring the intent to establish the City of Brentwood Community Facilities District No. 5 to levy a special tax to finance certain public facilities and services and approving a Proposed Boundary Map; Adopted Resolution 2007-77 declaring the necessity to incur bonded indebtedness, and set a date of June 12, 2007 at 7:00 p.m. for the public hearing. (B. Grewal/D. Galey)

13. Consideration of actions pertaining to the City’s Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 for Fiscal Year 2007/08, and adopting Resolution 2007-78 declaring the intention to order improvements, levy and collect assessments and declaring the intention to annex territory to Assessment Districts Nos. 02-3 Apricot Way, 02-7 San Jose and Sand Creek, 02-9 Balfour Plaza, 02-10 Lone Tree Center, and 06-2 Palmilla. (B. Grewal/D. Galey)

14. Adopted Resolution 2007-79 approving and authorizing the City Manager or designee to execute Amendment No. One to the Professional Services Agreement with Mark Thomas & Company, in the amount of $21,230, plus a 10% contingency, for the Sand Creek Road Widening, UPRR to O’Hara Avenue, CIP Project No. 336-31680. (B. Grewal/F. Lideros)

15. Adopted Resolution 2007-80 awarding the bid and approving and authorizing the City Manager or designee to execute a Construction Contract and necessary documents for the Non-Potable Water Distribution System - Phase I, CIP Project No. 592-59120, and the Water System Connections/Regulating, CIP Project No. 562-56280 with William G. McCullough Company, in the amount of $361,343, plus a 10% contingency of $36,134.30, for a total amount of $397,477.30. (B. Grewal/F. Lideros)

16. Adopted Resolution 2007-81 approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with Barrington Estates, LLC, Tentative Subdivision Map No. 8548, consisting of 494 units, located south of Sunset Road, immediately west of the current City limits, north of Jennifer Street, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Council Member Brockman abstained on Item 16.

17. Adopted Resolution 2007-82 approving and authorizing the City Manager or designee to execute a Purchase Agreement with Richard Taylor for a portion of real property, generally located on the south side of Lone Tree Way adjacent to the railroad tracks between Fairview Avenue and O’Hara Avenue, for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-31340. (B. Grewal/M. Sullivan)

18. Adopted Resolution 2007-83 approving and authorizing the City Manager or designee to execute a Purchase Agreement and any necessary related documents with East Contra Costa Irrigation District (ECCID) for a portion of real property, generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue, for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-31340. (B. Grewal/M. Sullivan)

19. Adopted Resolution 2007-84 approving and authorizing the City Manager or designee to execute a Grant Deed and such other documents as may be needed to hereby convey a portion of City owned property into the City’s roadway system, on the south side of Lone Tree Way at the intersection of Giannini Ranch Road (between Empire Avenue and Windy Springs Lane) for the Lone Tree Way Widening - Segments 1 & 2, CIP Project No. 336-31270. (B. Grewal/M. Sullivan)

20. Adopted Resolution 2007-85 approving and authorizing the City Manager or designee to execute an Agreement between Standard Pacific Corp., a Delaware corporation and the City of Brentwood for the acquisition of certain real property for street and other public purposes required for the Sand Creek Road Extension project, generally located at the intersection of the existing Sand Creek Road and Brentwood Boulevard between Brentwood Boulevard and Sellers Avenue. (B. Grewal/M. Sullivan)

Council Member Brockman abstained.

21. Adopted Resolution 2007-86 approving and authorizing the City Manager to amend the Easement Documents and execute the necessary documents with the Contra Costa Water District pertaining to long term treated water services as a part of the Surface Water Treatment Facility - Phase I & II, CIP Project No. 562-56290. (B. Grewal/P. Eldredge)

22. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the City Manager to execute an agreement with LPA, Inc., for the architectural design of the New City Hall, Civic Center Parking Facility and Civic Center Plaza in an amount not to exceed $2,922,218, plus 10% contingency of $292,218 for a total of $3,214,436. (D. Landeros/G. Leech)

23. Adopted Resolution 2007-87 amending the 2006/07 - 2010/11 Capital Improvement Program (CIP) to include the American Avenue Improvements project and approving the contract documents and authorizing staff to advertise the project and also approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with the Brentwood Union School District for the Improvements. (B. Grewal/P. Eldredge)

24. Adopted Resolution 2007-88 approving and authorizing the City Manager or designee to execute a Joint Exercise of Powers Agreement between the City of Brentwood and the State Route 4 Bypass Authority for the realigned Jeffery Way. (B. Grewal/P. Eldredge)

25. Waived second reading and adopted Ordinance 841 describing the Redevelopment Agency’s program to acquire real property by eminent domain in accordance with Senate Bill 53. (H. Sword/D. Kwong)

CONSENT CALENDAR ACTIONS (07:15 PM)

Motion: Approve Consent Calendar Items 1 - 4, 6 - 21, and 23 - 25 as recommended. Council Member Richey abstained on Item 1 and Council Member Brockman abstained on Items 16 and 20.
The City Clerk read the title of Ordinance 841.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

5. Direct Parks & Recreation Staff to work with the Lions Club on the Youth in Government Day Program for March of 2008. (P. Scherff/B. Gary)

Council Member Becnel recognized the Lions Club for bringing the Youth in Government Day forward.

Motion: direct Parks & Recreation Staff to work with the Lions Club on the Youth in Government Day Program for March of 2008.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

22. Adopt a Resolution authorizing the City Manager to execute an agreement with LPA, Inc., for the architectural design of the New City Hall, Civic Center Parking Facility and Civic Center Plaza in an amount not to exceed $2,922,218, plus 10% contingency of $292,218 for a total of $3,214,436. (D. Landeros/G. Leech)

City Manager, Donna Landeros, introduced the item and introduced Jim Wyrick, LPA.

Mayor Taylor asked to consider the use of solar energy and other green (energy efficient) architecture and programs.

Jim Wyrick, LPA, Inc., spoke about time frames and green architecture and said LPA, Inc., had done more sustainable projects than any other firm in the state as well as a wide variety and leadership and energy efficient design. The City Hall project could be made as sustainable or green as possible, within fiscal constraints.

Council Member Becnel asked about the time frame with regard to making alterations to the agreement.

Mr. Wyrick said during the process, LPA, Inc., would bring up alternate plans from previous efforts.

City Manager, Donna Landeros, said the City had worked with LPA, Inc., for approximately six months and there was a City Hall team working on the project. She spoke about specific components, conceptual footprints and financing of the project and said a lot of the elements needed more work. The conceptual footprints would show what could be done, on the smaller side, and what the City thought would be the preferred location for the entire community.

Council Member Becnel asked LPA, Inc., about financial costs to the City should the City encounter a changed direction when moving forward.

Mr. Wyrick said he was unable to accurately answer the question.

Motion: Adopt Resolution 2007-89 authorizing the City Manager to execute an agreement with LPA, Inc., for the architectural design of the New City Hall, Civic Center Parking Facility and Civic Center Plaza in an amount not to exceed $2,922,218, plus 10% contingency of $292,221.80 for a total of $3,214,436.
Moved by Taylor, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (07:29 PM)
26. Adopt a Resolution approving the Final Engineer’s Report, Levying Assessments and Ordering Improvements in Randy Way Sewer Line Assessment District. (B. Grewal/D. Galey)

Management Analyst, Debra Galey presented a staff report and said that at the request of residents in the Randy Way neighborhood, assessment district proceedings were initiated at the February 27, 2007, Council meeting in order to finance the construction of a sewer main to provide service to the 34 properties. Each property owner had been provided a notice and ballot explaining the assessment and providing the opportunity to cast their vote for or against formation of the district and levying assessments to fund the sewer line construction. At the close of the public hearing, if a majority of the ballots returned were in favor, Council may choose to form the district and staff would return at a future meeting with bond sale authorization. If a majority were opposed, no further action was necessary and staff would return at a subsequent meeting officially abandoning proceedings for the district.

Mayor Taylor opened the public hearing.

Motion: close the public hearing.
Moved by Becnel, seconded by Brockman.

Mayor Taylor requested public comments.

Council did not vote to close the public hearing at this time.

John Knox, Orrick, Herrington, stated the ballots were mailed out and the property owners were asked to return the ballots and several ballots had been returned. Once the public hearing was closed, the period of time for any property owner to change, withdraw, or submit a new ballot, would be ended. He stated if there were any property owners present that wished to change or submit a ballot, this was the time before the close of the public hearing. Once the hearing was closed, the opportunity was gone.

Motion: close the public hearing.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Mayor Taylor directed the City Clerk to conduct the election and tabulate the ballots.

Council moved to Item #27 and returned to Item #26 following Item #29. See action following Item #29.

27. Adopt a Resolution amending the 2006/2007 Master Fee Schedule and Cost Allocation Plan adopted by Resolution No. 2006-198 by revision the planning fees. The proposed amendment will allow the City to recover staff costs associated with the processing of development applications for planning services. (H. Sword/H. Kline)

Director of Community Development, Howard Sword, requested that Item 27 regarding Planning fees be continued indefinitely. The public hearing for the item would be re-advertised when the item returned for Council consideration.

Motion: Continue indefinitely, the public hearing to adopt a Resolution amending the 2006/2007 Master Fee Schedule and Cost Allocation Plan adopted by Resolution No. 2006-198 by revision the planning fees. The proposed amendment will allow the City to recover staff costs associated with the processing of development applications for planning services. The item would be readvertised upon return.
Moved by Brockman, seconded by Becnel.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

28. An appeal filed by Matt Ellison of K & E Properties of the Planning Commission’s denial of an amendment to an approved design review for the City Block retail center to allow for a four-way signalized intersection at the Balfour Road entrance. The center is generally located on the vacant land at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, presented a brief overview regarding the appeal filed by Matt Ellison, K & E Properties. The applicant had submitted a letter to staff requesting the item be continued to the meeting of May 22, 2007. Subsequently, staff had received a letter circulated to surrounding neighbors indicating the public hearing would be held on May 22, 2007, and staff recommended that Council continue the item to the meeting of May 22, 2007.

City Attorney, Damien Brower, stated the Council could take public comments and could open the public hearing and allow the public to comment. The staff report would be heard on May 22, 2007. If there were members of the public present to speak on the item, the Council may wish to permit that, and that would be the recommendation. If the hearing was opened, and the public was allowed to speak, once the public has finished speaking, vote to continue the matter with the public hearing still open.

Mayor Taylor opened the public hearing.

Mike Pippin was opposed to the proposed intersection and light. He believed it would cause traffic and safety concerns and block residents of Hawthorne Landing, Campanello, and K & B Homes. Removing the center partition that separated Balfour Road and allowing a four-way intersection to stop the flow of traffic would increase congestion and danger for residents.

Steve Colvin said he felt the four way stop light was unnecessary and only benefited the developer. The stop site would create a major traffic concern for those living off of Rosegate. He spoke about traffic on Balfour Road and said it was difficult to make a left turn westbound onto Balfour Road. He strongly urged Council to uphold the decision of the Planning Commission and not accept the appeal from K & E Developers.

Motion: Continue the public hearing to May 22, 2007, regarding the appeal filed by Matt Ellison of K & E Properties of the Planning Commission’s denial of an amendment to an approved design review for the City Block retail center to allow for a four-way signalized intersection at the Balfour Road entrance. The center is generally located on the vacant land at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

29. WITHDRAWN - An appeal filed by Robert Selders of Equus Group of the Planning Commission’s approval of a conditional use permit for a master sign program for The Shops at Country Club Drive. The Shops at Country Club retail center is located at the northwest corner of Balfour Road and West Country Club Drive. (H. Sword/D. Hill)

Mayor Taylor stated that Item #29 had been withdrawn and the Council returned to Item #26, listed below.

26. Adopt a Resolution approving the Final Engineer’s Report, Levying Assessments and Ordering Improvements in Randy Way Sewer Line Assessment District. (B. Grewal/D. Galey)

Management Analyst, Debra Galey, said out of 29 ballots cast, 26 were yes votes and 89 percent was more than the majority requirement.

Motion: Adopt Resolution 2007-90 approving the Final Engineer’s Report, Levying Assessments and Ordering Improvements in Randy Way Sewer Line Assessment District.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

30. Introduce and waive first reading of an Ordinance of the City of Brentwood Amending in part Chapter 17.725 of the City of Brentwood Municipal Code and Ordinance 790 relating to the City’s Affordable Housing Program (H. Sword/E. Bonneville/K. Reed)

Housing Analyst, Kwame Reed, presented a staff report and and history of the Affordable Housing Ordinances 756 and 790. He explained the recommended changes to Ordinance 790 and recommended Council waive first reading of the Ordinance by amending Chapter 17.725 of the Brentwood Municipal Code and Ordinance 790 relating to the City’s Affordable Housing Program.

Mayor Taylor opened the public hearing.

Motion: close the public hearing.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Introduce and waive first reading of Ordinance 842 of the City of Brentwood Amending in part Chapter 17.725 of the City of Brentwood Municipal Code and Ordinance 790 relating to the City’s Affordable Housing Program.
The City Clerk read the title of Ordinance 842.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

NEW BUSINESS (07:55 PM)

31. Adopt a Resolution authorizing the City Manager to sign a Letter of Intent to support the formation of the East Bay Regional Communications System (EBRCS) Governed by a Joint Powers Authority (JPA) for Alameda and Contra Costa Counties and authorizing the Mayor to sign a Letter of Support to the Contra Costa County Board of Supervisors for establishing the EBCRS, and to contribute a good faith contribution of $100 per radio used by the City of Brentwood ($13,000) to the JPA (M. Evenson/B. Strock)

Chief of Police, Mark Evenson, spoke about interoperability with other public safety jurisdictions in Alameda and Contra Costa Counties following an emergency.

Police Lieutenant, Brian Strock, presented a staff report on the East Bay Regional Communication System and Joint Powers Authority. The system may ultimately cost $60 million, most of which would be borne by the participating agencies, much of which had already been paid for with federal grant money. Each jurisdiction would be responsible for purchasing their own equipment compatible with the new system. The monthly fee per radio for each jurisdiction would be assessed by the JPA Board. Staff recommended that Council approve a Resolution authorizing the City Manager to sign a letter of intent to support the formation of the East Bay Regional Communication System, governed by a Joint Powers Authority for Alameda and Contra Costa counties, and authorizing the Mayor to sign the letter of support to the Contra Costa County Board of Supervisors establishing the system and to contribute a good faith contribution of $100 per radio used by the City of Brentwood for a total of $13,000 to the JPA.

Council Member Becnel asked how the issue of dispatch would work since that was a lot of jurisdictions to bring together in an emergency.

City Manager, Donna Landeros, said there had been a group of City Managers working together and the decision was made that dispatch was not a part of the Joint Powers Authority. Dispatch was a policy choice of each of the councils and the item was strictly the radio communication.

Council Member Stonebarger spoke regarding the cost of $60 million with $46 million left to fund and said the City’s part would be $447,000. The $13,000 would come from the emergency preparedness fund and he asked where the rest of the money would come from.

Director of Finance and Information Systems, Pam Ehler, said money was set aside in the equipment replacement fund in the amount of $500,000.

City Manager, Donna Landeros, said this was unique to the City and most cities were trying to figure out how to pay for the equipment. There was a decision down the road as to whether or not the City would want to participate in a debt issuance or to use existing funding.

Mayor Taylor requested public comments.

Steve Lopez said he felt participating was great and if less cities participated, there would be an increase in the City’s cost.

Chief of Police, Mark Evenson, said the cost would go up if less cities participated or if one of the cities dropped out.

Ron Walters said this was a smart idea and should be advertised to the public, which would assist in emergency preparedness.

Chief of Police, Mark Evenson, said more information would go out to the public as establishment of the system neared.

Mayor Taylor closed public comments.

Council Member Stonebarger asked if there was the option to drop out if other cities dropped out and he asked if there would not be the burden of $30 to $40 million to place into a radio system.

City Manager, Donna Landeros, said this was why there was a letter of intent at this point.

Council Member Stonebarger said having communication in an emergency was a great idea.

Council Member Richey said he hoped a catastrophe did not happen, and if it did, the alternative to a program like this was none. He said he preferred doing it the right way and paying for the equipment.

Mayor Taylor said communication had been a key element on 9/11 and people lost their lives because of lack of communication. He felt the system was a good thing and the City needed to be on board with other agencies, and could benefit a lot of people.

Motion: Adopt Resolution 2007-91 authorizing the City Manager to sign a Letter of Intent to support the formation of the East Bay Regional Communications System (EBRCS) Governed by a Joint Powers Authority (JPA) for Alameda and Contra Costa Counties and authorizing the Mayor to sign a Letter of Support to the Contra Costa County Board of Supervisors for establishing the EBCRS, and to contribute a good faith contribution of $100 per radio used by the City of Brentwood ($13,000) to the JPA.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

32. Authorize the Mayor to send a letter to the Contra Costa County Board of Supervisors opposing the redeployment of the third firefighter from Brentwood. (D. Landeros)

City Manager, Donna Landeros, presented the item regarding the letter drafted to the Contra Costa Board of Supervisors.

Mayor Taylor requested public comments and hearing none, closed the public comments.

Mayor Taylor said he would appreciate authorization to sign the letter and let the Board of Supervisors know the City was concerned.

Motion: Authorize the Mayor to send a letter to the Contra Costa County Board of Supervisors opposing the redeployment of the third firefighter from Brentwood.
Moved by Taylor, seconded by Richey.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

OLD BUSINESS (08:12 PM)

33. Presentation regarding curfew (M. Evenson/B. Strock)

Chief of Police, Mark Evenson, presented an overview regarding the curfew Ordinance and how it was enforced.

Mayor Taylor said the amount of juvenile citations had almost doubled in the last year and he asked if the number would drop as the word about curfew got out.

Police Chief, Mark Evenson, said ideally the numbers of juvenile citations would drop. This was an educational campaign for the public and if people were out after curfew, the Police would stop them and inquire about their activities. He hoped it would reduce the amount of minors on the streets.

Mayor Taylor requested public comments.

Joanne Keady said Orchard Park had a problem with juveniles after hours and children in her neighborhood were still out at the park at 2:30 a.m. playing basketball. She felt the police response was not quick enough.

Mayor Taylor closed public comments.

34. Consider whether to adopt a policy providing for invocations to be given at the beginning of a regular City Council meeting and if so, approve a Resolution adopting a City Council meeting invocation policy. (D. Landeros/D. Brower)

City Attorney, Damien Brower, presented a staff report, stating that Council Member Brockman, with Council concurrence, asked for staff to look into whether Council could begin meetings with an invocation. He said Council could permit beginning a Council meeting with an invocation. According to court rulings, the court had held that such invocations must be non-sectarian in nature and could not refer to a specific deity or religion. If Council wished to commence a meeting with an invocation, staff suggested a formal policy or guideline be adopted and had been developed for Council consideration as part of the staff report packet. He explained the proposed.

Mayor Taylor requested public comments and hearing none, closed public comments.

Council Member Brockman said the policy was very well written and allowed anyone the opportunity.

Motion: Adopt a policy providing for invocations to be given at the beginning of a regular City Council meeting and adopt Resolution 2007-92 adopting a City Council meeting invocation policy.
Moved by Brockman, seconded by Stonebarger.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:21 PM)
Council Member Becnel reported on his attendance at the Association of Bay Area of Governments conference in San Francisco.

Mayor Taylor reported on his attendance at the Antioch Mayors' Prayer Breakfast.

REQUEST FOR FUTURE AGENDA ITEMS (08:24 PM)
A) Consideration of request from Council Member Richey to have an update from the Neighborhood Improvement Committee.

Council Member Richey said the Neighborhood Improvement Committee had been working on priorities established during a work session and some of the items were moving beyond identified priorities. He asked to have Council on board with the direction in which the Neighborhood Improvement Committee was moving and that the majority of the Council be in agreement to support the staff time spent on issues, such as a rental inspection program and a financing mechanism and drafting of a nuisance ordinance.

Council Members Brockman and Stonebarger, and Mayor Taylor agreed to hear the information.

NEW REQUESTS (08:26 PM)
Council Member Brockman requested a Closed Session item to discuss land use with the School District and he asked the Closed Session be held right away.

City Manager, Donna Landeros, suggested calling a special Closed Session next Tuesday, May 1, 2007, regarding property negotiations related to the bus barn and the tennis courts.

Council Member Brockman asked for comments regarding policy decisions relative to the boundaries and guidelines relating to the Planning Commission, the affordable housing ordinance and fees.

City Manager, Donna Landeros, said the Land Use Committee may want to work with the guidelines and bring it back to full Council.

ADJOURNMENT (08:29 PM)
Motion: adjourn.
Moved by Becnel, seconded by Stonebarger.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk