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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of August 28, 2001

A Regular meeting of the City Council of the City of Brentwood was called to order at 7:00 p.m. in the City Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

ROLL CALL
Present: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Absent: None

Mayor McPoland requested a moment of silence for Tony Ghiozzi, who passed away, and stated the community had lost an outstanding citizen.

PRESENTATIONS
A. Craig Bronzan, spoke regarding the California Coastal Commissions Coastweeks and stated there would be a clean up of Marsh Creek on Saturday, September 15, at 9:00 a.m. with two staging areas located at Marsh Creek staging area and Creekside Park and invited the community to participate. Mayor McPoland read the proclamation proclaiming September 15, through October 5, 2001 as Coastweeks and September 15, 2001 as California Cleanup Day and presented it to Mr. Bronzan.

AGENDA REVIEW]
Item No. 1 Corrections to the minutes
Item No. 23 Additional Correspondence

CITIZEN COMMENTS
Tiffany DeSpain, 570 Orange Court, spoke regarding owls that are in the field near Garin Ranch that is slated for construction by Signature Properties.

Mitch Oshinsky, Director of Community Development stated that would be analyzed as a part of the environmental review that takes place on any new development that is proposed.

In answer to Councilmember Petrovich's question regarding the type of owls, Ms. DeSpain stated they are burrowing owls that are federally and state protected.

Ms. DeSpain asked what actions could be taken if owls are living on property slated for construction. John Stevenson, City Engineer, stated that it depends on what time of year you are dealing with you can stay off the site or relocate them or if it is between breeding seasons work can be started.

Ken Murney, 2345 Quail Meadow Drive, Modesto, Lafferty Homes, spoke regarding the work that is being done at Birchwood Estates and the customer service they have implemented and spoke regarding the landscaping at the development.

Councilmember Hill stated the landscaping is not being kept up as promised.

Mr. Murney stated they had not been able to hire someone to do the weekly maintenance, but had hired a landscaper to do the maintenance repairs.

John Buckholz stated he had evaluated the stucco exterior on the Lafferty Homes at Birchwood Estates and prepared a report he felt the stucco is in excellent condition and had been well installed. The stucco has some hairline cracks that he felt could be easily fixed.

Mayor McPoland asked what permissible cracks would be for stucco. Mr. Buckholz answered that his definition is one lineal foot of cracks one-eighth of inch wide per one hundred square feet of plaster.

Mark Harris, Project Manager for Lafferty Homes, spoke further regarding the steps that are being taken with the stucco at Birchwood Estates.

CONSENT CALENDAR

1. Approved Minutes of August 14, and August 16, 2001.

2. Confirmed the approved conceptual plan for the Balfour Road Park and authorize the City Manager to enter into agreement with RRM Design Group for landscape architectural design services in the amount of $300,000 for the Balfour Road Park Development, CIP Project 522-5221.

3. Approved Resolution No. 2342 authorizing the submittal of a grant proposal to the California Integrated Waste Management Board for the Park Playground Accessibility and Recycling Grant Program.

4. Approved Resolution No. 2343 approving the industrial disability retirement for Frank Passmore as recommended by Janet Selby, Worker's Compensation Manager from Contra Costa County Municipal Risk Management Insurance Authority (CCCMRMIA.)

5. Approved Resolution No. 2344 approving the Stipulations regarding disability status, Labor Code Section 4850 Benefits and Sick Leave Benefits for Frank Passmore to allow the City to separate his employment effective August 31, 2001.

6. Approved Resolution No. 2345 the City Manager, or his designee to execute a Grant Deed transferring ownership of the property located on the southeast corner of Walnut Boulevard and Oak Street (APN 013-232-006) (see attached map) to the Brentwood Redevelopment Agency.

7. Set September 25, 2001 as the public hearing date to consider the appeal by Wes Tilton concerning the denial of an Encroachment and Building Permit for Masonry Fence on Wildcat Way. (Pulled further discussion)

8. Approved Resolution No. 2346 authorizing the City Manager to award a contract to Granite Construction Company in the amount of $6,029,985 for the construction of Sand Creek Road Central Phase 1, CIP Project #336-3061, from just west of Fairview Avenue to just west of the Union Pacific railroad tracks, authorizing the City Manager to execute change orders not to exceed 10 percent of the contract amount, and amending the CIP project sheet to reflect the approved funding for this project. (Pulled for further discussion)

9. Approved Resolution No. 2347 authorizing the City Manager to award a contract to Kenny Manta Industrial Service for the Re-Painting of the Elevated Tank located on Walnut Boulevard north of Dainty Avenue, Steel Reservoir (elevated) CIP Project #562-5626, in the amount of $135,200, and authorizing the City Manager to execute change orders not to exceed 10 percent of the contract amount, thereby amending the CIP project sheet to reflect the approved funding for this project.

10. Direct the City Engineer to proceed with final design of Alternate C to make sewer service available for a portion of Brentwood Boulevard south of Lone Tree Way, proceed to bid the sanitary sewer improvements project (a portion of Brentwood Boulevard/Lone Tree Way Wastewater CIP 592-5910), and return to Council for the award of the construction contract.

11. Direct staff to work with the Liberty Union High School District to facilitate construction of a school parking lot expansion that will be jointly funded by the high school district and the City, and to coordinate the parking lot funding through a development agreement which would include school district funding through school fee credits and City funding through densities in excess of mid-range so there is no cash contribution from the City.

12. Approved Resolution No. 2348 approving the Final Map of Subdivision 8402 (Pulte Homes) located north of Lone Tree Way and east of O'Hara Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.

13. Approved Resolution No. 2349 approving the Final Map of Subdivision 8305, Brentwood Lake Unit 5 (Brookfield Homes) located north of Balfour Road and east of East Country Club Drive, accepting the improvement security, and approving the Subdivision Improvement Agreement.

14. Approved Resolution No. 2350 approving the Final Map of Subdivision 8210, Brentwood Lake Unit 4 (Brookfield Homes) located north of Balfour Road and east of East Country Club Drive.

15. Approve a Resolution approving the Final Map of Subdivision 8277 Deer Ridge Country Club Village "J" (Lafferty Homes) located south of Balfour Road and west of Concord Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. (Pulled for further discussion)

16. Approved Resolution No. 2351 authorizing the filing of an application for the Alameda County Congestion Management Agency with the Metropolitan Transportation Commission for Funding for the Vasco Road Safety Project.

17. Authorize the City Manager to execute a Purchase Order and all necessary documents with AMS.NET to furnish and install networking and telephone equipment for the Brentwood Technology Center for $165,902 and authorize the City Manager authority to execute change orders up to 10% of the contract amount.

18. Appoint Jason Fischer to the Neighborhood Committee for a term to expire August 2004.

19. Authorize the City Manager to execute a purchase order for Advanced Maintenance Systems janitorial services for the not-to-exceed dollar amount of $98,000.00.

20. Approved Resolution No. 2352 amending Resolution 2298 by adding annexation to the East Contra Costa Irrigation District (ECCID).

21. Authorize staff to initiate a fee study related to Habitat, Housing, Economic Incentive Fee, and Agricultural Mitigation Fees and Charges.

Item Nos. 1, 7, 8, and 15 were pulled from the Consent Calendar for further discussion.

It was moved/seconded by Petrovich/Hill to approve Consent Calendar items 2-6, 9-14, and 16-21, as recommended by staff. Motion carried unanimously.

Item No. 1

It was moved/seconded by Petrovich/Gomes to approve the minutes of August 14, 2001. Motion carried unanimously.

It was moved/seconded by Petrovich/Beckstrand approve the minutes of August 16, 2001. Motion carried with Mayor McPoland abstaining.

Item No. 7

Wes Tilton, 1875 Pheasant Run Terrace, stated the date of September 25, 2001 would work for him, but stated he would like a response from the City Attorney on letters he had sent him.

In answer to Councilmember Hill's question Mr. Beougher stated that Mr. Tilton had also requested additional information that needed to be put together and he anticipated replying to Mr. Tilton in the next two days.

It was moved/seconded by Hill/Beckstrand to set September 25, 2001, as the public hearing date to consider the appeal by Wes Tilton. Motion carried unanimously.

Item No. 8

Mayor McPoland stated this project had been started approximately twelve years ago, and stated the bid is under the Engineer's estimate.

Mr. Stevenson stated the road would start near where Sand Creek is currently, east of the Bypass and will realign slightly northerly, cross Fairview Avenue and easterly to Minnesota Avenue. The second phase should go out to bid in January and construction started in March of next year, with both phases ending next fall.

It was moved/seconded McPoland/Hill to approve Resolution No. 2346 authorizing the City Manager to award a contract to Granite Construction Company in the amount of $6,029,985 for the construction of Sand Creek Road Central Phase 1, CIP Project #336-3061, from just west of Fairview Avenue to just west of the Union Pacific railroad tracks, authorizing the City Manager to execute change orders not to exceed 10 percent of the contract amount, and amending the CIP project sheet to reflect the approved funding for this project. Motion carried unanimously.

Item No. 15

Councilmember Beckstrand asked if there were other items or other issues relating to the warranty items with Lafferty Homes. Mr. Oshinsky stated the stucco issue was the major issue and that had been taken care of. Councilmember Hill stated there are other deficiencies, but Lafferty Homes has worked to remedy the majority of them.

There was discussion regarding landscaping issues.

Councilmember Beckstrand stated her concern was the ability to hold developers accountable for work they have done.

There was further discussion regarding Lafferty Homes work on warranty issues at Birchwood Estates.

It was moved/seconded by Petrovich/Hill to approve Resolution No. 2353 approving the Final Map of Subdivision 8277 Deer Ridge Country Club Village "J" (Lafferty Homes) located south of Balfour Road and west of Concord Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. Motion carried unanimously.

PUBLIC HEARINGS

22. Continued consideration of an Ordinance and a Resolution approving the General Plan Amendment (GPA 00-02) and Rezoning (RZ 00-05) and an amendment to the Garin Ranch Specific Plan relating to the development of the Sciortino property, located on the north side of Oak Street adjacent to the Liberty High School Athletic fields.

Mike Leana, Chief of Planning, spoke regarding a meeting that been held with the Liberty Union School District, and stated the school board is going to examine the item at a school board meeting to take place in September.

It was moved/seconded by Gomes/Petrovich to continue the Public Hearing to September 25, 2001.

23. Continued consideration of an Ordinance approving the Brentwood Agricultural Enterprise Program and adding Chapter 17.730 to the Brentwood Municipal Code to conserve agricultural land. (Continued from 8/16/01)

Mr. Oshinsky introduced the staff report and stated the Ordinance provides that property be of adequate size, configuration, and location to be viable for continued agricultural use and it is being recommended that the minimum parcel size be ten acres. He stated the term contiguous meant touching or abutting and that if a road bisects eligible lands those lands are still considered contiguous. There is no known litigation regarding property values for properties that do not participate in conservation easements in areas where surrounding properties have participated. He stated staff is recommending additional language be added to the Ordinance to offer protection for the farmers who choose not to participate stating that in the establishment of any conservation easements the agricultural land trusts shall avoid the creation of any situation in which a property owner who does not participate in the program would have any access, utility, or infrastructure easements negatively impacted, unless the non-participating property owner consents. Regarding County support for the program he stated in a letter dated November of 2000, the Community Development Director, stated the County supports the City Council for undertaking the program. He stated there were many benefits available to farmers who choose to participate in the program and that it is a voluntary program.

Steve Pomeroy, 1600 Eureka Avenue, felt there needed to be County support for the program. He stated he was not against the program, but felt there were too many unanswered questions and more work could be done on the program. He stated the majority of visitors for his u-pick operation are from areas other than Contra Costa County.

Mayor McPoland stated that through meetings with the County he felt the Urban Limit Line would not be expanded and that the program is voluntary.

Walter Moffatt, 1870 Walnut Boulevard, felt this program would not help his farming operation, and that there was not a tax benefit for participating.

Tom Bloomfield, 2030 Newton Drive, stated he was opposed the program because of the change to the ten-acre parcel size.

Len DelChiaro, 532 Sarah Street, felt that his property values would plummet if this program were put into effect. He felt the program would benefit from the County's involvement and if the county allowed them to break their parcels into smaller blocks.

Mayor McPoland stated the program does require that the land be farmed.

Evelyn Stivers, Greenbelt Alliance, commended the City for looking at a program that will protect agricultural lands, but felt the city should not invest in term easements as they only provide temporary protection.

John L. Johnson, Pulte Home Corporation, 7031 Koll Center Parkway, Pleasanton, requested clarification on the section of the resolution regarding fees.

Mr. Oshinsky stated that if a fee has been paid, then they would not be required to pay another fee.

Spike Donnelly, 1115 Delta Road, stated there was not any forty acre parcels near his home, but there were some parcels that are five acre parcels. He asked how long it would take until the program was put into effect if it were to be approved.

Mr. Oshinsky stated if the Council approved the program there would then be a second reading of the ordinance, then a land trust would be set up which would administer the program. Agricultural mitigation fees have been collected for a number of years so there are monies available for the program.

John Chapman, East Bay Community Foundation, spoke in support of the program and urged the Council to approve it. He felt that the majority of farmers would not be able to participate. He was concerned with term easements, because it would take funds from a permanent source for a temporary conservation.

Letters in opposition to the program were submitted by Catherine R. Wolfe, Jack Arata, Michael Arata, Joe Manzo, Helen Torres, and John Torres.

Roberta Fuss, Rancho de Sueno, spoke in favor of the program and felt that land needs to be conserved for future generations.

Jean Laird, 3150 Sellers Avenue, stated she resented people that are not residents telling her what she can and cannot do with her property.

Frank Souza, 612 4th Street, asked if an assessment would be placed on properties.

Mayor McPoland stated there would not be a new tax. Mr. Oshinsky stated the only tax implications would be potential benefits. Mr. Beougher stated the County controlled county assessments.

Gerald Gonzales, 23875 Marsh Creek Road, stated he leases out fifteen acres that is contiguous with another farmers land. He is opposed to the program, because of any constraints that may eliminate rights that he has.

There being no one else wishing to speak, the Public Hearing was closed.

Councilmember Beckstrand stated she does not see how this program can hurt farmers who want to farm. She stated she had spoken with real estate agents who have told her they cannot see how it would affect property values. She felt it was a good option to preserve farming. She felt it is something that can be used by farmers that are interested and those who are not interested do not need to participate.

Councilmember Hill felt that current County zoning accomplishes preservation of agricultural property. He stated the County restrictions make it difficult to build improvements on the agricultural land. He felt the residents of the area that would be affected by this have enough restriction on what can and cannot be done with their land. He stated he was bothered is the City is overlaying a city program on land the city does not control and there is no partner in the program yet. The land trusts buy easements to block development potential.

Councilmember Petrovich stated it is a voluntary program. He felt the plan would checkerboard the area. He stated he has heard from many farmers that are opposed to the program and he felt if the majority of farmers are against it, then he would not vote for approval.

Councilmember Gomes felt it is a good program and it is voluntary and it gives the City the opportunity to help save land for agriculture.

Mayor McPoland stated he has spent a great deal of time trying to get the best benefits for the City and the spoke further regarding agricultural community and the benefits it provides to the community.

Resolution No. 2354

A Resolution of the City Council of the City of Brentwood adopting the Brentwood Agricultural Conservation Fee and amending Resolution No. 2198 to revise the Master Fee Program.

It was moved/seconded by Beckstrand/Gomes that the full reading of Resolution No. 2354 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmember Beckstrand, Gomes, Mayor McPoland
NOES: Councilmember Hill, Petrovich
ABSENT: None

Ordinance No. 683

An Ordinance of the City Council of the City of Brentwood approving the Brentwood Agricultural Enterprise Program and adding Chapter 17.730 to the Brentwood Municipal Code to conserve agricultural land

It was moved/seconded by Beckstrand/Gomes that the first reading of Ordinance No. 683 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmember Beckstrand, Gomes, Mayor McPoland
NOES: Councilmember Hill, Petrovich
ABSENT: None

Council took a break at 9:15 pm and reconvened at 9:35

24. Consideration of an Ordinance amending Section 9.48.075 of the Brentwood Municipal Code adopting Rules and Regulation pertaining to the Skate Park.

Craig Bronzan, Director of Parks and Recreation, introduced the staff report.

Councilmember Gomes felt the motion detectors on the lights would provide a double benefit both for security and the neighboring properties.

In answer to Mayor McPoland question on the opening of the skate park Mr. Bronzan stated it should open in about the third week of September.

Mayor McPoland opened the Public Hearing, there being no one wishing to speak it was closed.

Ordinance No. 684

An Ordinance of the City Council of the City of Brentwood to amend Section 9.48.075 of the Municipal Code to add rules and regulation for use of the Brentwood Skate Park

It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 684 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: None

25. Consideration of a Resolution approving an amendment to the Housing Element of the General Plan to allow new multi-family developments within the Downtown.

Mr. Oshinsky introduced the staff report and stated the Housing Element has a provision that says new multi-family housing that has an over concentration of lower income households is to be considered inconsistent with the General Plan. He stated there is interest in developing multi-family housing around the downtown area. He felt this would be a good thing to have around the downtown area; it is a strategy used in cities to invigorate their downtowns. It would have to replace existing blighted housing, provide residential above non-residential uses, or it has to provide for new senior housing.

Mayor McPoland opened the Public Hearing, there being no one wishing to speak it was closed.

Resolution No. 2355

A Resolution of the City Council of the City of Brentwood approving General Plan Amendment 00-06 to amend the Housing Element

It was moved/seconded Petrovich/Gomes that the full reading of Resolution No. 2355 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: None

26. Consideration of an Ordinance approving zoning amendment establishing development standards for a tentative subdivision map (TSM 8408) located west of Fairview Avenue and south of Apricot Way.

Mike Leana, Chief of Planning, introduced the staff report and stated the minimum lot size is nine thousand square feet, with an average lot size of ten thousand seven hundred square feet.

Mayor McPoland opened the Public Hearing.

Melrina Houser, 27084 East El Macero Drive, El Macero, CA, stated she represents three parcels near the project area and has concerns that she has tried to mitigate with the Mark Pringle Group. Ms. Houser went over a list of issues which included fencing, reservation for future capacity of easements, two story structures around her property, planting of trees to provide a screening, compensation for crop damage, and they are unwilling to participate in a benefit district.

In answer to Councilmember Hill's question regarding the purpose of item E on her list and if a residence would be impacted by two stories being built on that property, Ms. Houser stated they may in the future, but there is no current impact.

Ms. Houser stated she realizes they cannot stop development, but they want to minimize the impact and maintain privacy on their property.

Mayor McPoland stated some of the concerns would be addressed during design review by the Planning Commission and that some needed to be addressed by Mr. Pringle.

There was further discussion regarding Ms. Houser not wanting to belong to a benefit district.

Ms. Houser stated they would also like to continue to use the bridge on old Sand Creek Road as an ingress/egress. Mr. Stevenson stated that the south side of the creek is a part of the City's trail system. He felt the road would cease to exist as a road and other access to the property would probably need to be addressed. Mr. Stevenson stated that all of the utilities in the area are being sized for development of the area, so there will not be a sizing or capacity problem.

Mark Pringle, Project Manager, stated he did not see any problem in getting things settled with Ms. Houser, but they did not want to proceed with a written agreement until they had the PD zoning taken care of.

Councilmember Petrovich asked if the zoning amendment is approved tonight does it disturb Ms. Houser rights. Mr. Beougher stated that all of the issues raised can be taken care of through design review, and the only thing the City can't control is the payment.

There being no one else wishing to speak the Public Hearing was closed.

Ordinance No. 685

An Ordinance of the City Council of the City of Brentwood amending PD-35 by adding Chapter 17.485 to the Brentwood Municipal Code to establish development standards for Subarea 'C' of zoning district PD-35 (APN 019-092-035 AND 036)

It was moved/second by Petrovich/Gomes that the first reading of Ordinance No. 685 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: None

27. Consideration of an Ordinance amending Chapter 2.08, Section 2.08.010 of the Municipal Code pertaining to the monthly compensation of members of the City Council.

Jon Elam, City Manager, introduced the staff report and stated the salary increse would not take effect until after the election of 2002.

Councilmember Hill asked if only the newly elected Councilmembers in 2002 would benefit from this. Mr. Beougher stated all Councilmembers would benefit from it.

Mayor McPoland opened the Public Hearing there being no one wishing to speak it was closed.

Ordinance No. 686

An Ordinance of the City Council of the City of Brentwood amending Chapter 2.08, Section 2.08.010 of the Municipal Code pertaining to the monthly compensation of members of the City Council

It was moved/seconded by Petrovich/Gomes that the first reading of Ordinance No. 686 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: None

OLD BUSINESS

28. Approve second reading of Ordinance No. 681 prezoning the easterly 8 acres of the property to PD-30 for single family residential, and Ordinance No. 682 rezoning the property and adopting development standards for the Yamanaka property.

Mr. Leana introduced the staff report.

Ordinance No. 681

An Ordinance of the City Council of the City of Brentwood amending the Municipal Code by prezoning property referred to as the Yamanaka Annexation located generally north of Chestnut Street and east of Garin Parkway to Planned Development thiry (PD-30), (013-20-004).

It was moved/seconded by Petrovich/Gomes that the second reading of Ordinance No. 681 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Gomes, Petrovich, Mayor McPoland
NOES: Councilmembers Beckstrand, Hill
ABSENT: None

NEW BUSINESS

29. Appointment to the Residential Growth Management Program Evaluation Committee.

Mr. Oshinsky introduced the staff report and stated there needed to be two Councilmembers and two Planning Commissioners appointed.

It was moved/seconded to appoint Mayor McPoland, Councilmember Hill and Planning Commissioners Shipley & Brockman to the Residential Growth Management Program Evaluation Committee. Motion carried unanimously.

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Gomes reported on the Highway 4 Bypass and stated some issues regarding right of way had been worked out and the planned completion date is in the spring of 2002.

Councilmember Petrovich reported on the new police station and work that is being done on Measure 'J' by a voluntary group.

Councilmember Hill reported on the Economic Development Subcommittee.

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Hill requesting an update on the fire district.

Councilmember Petrovich requested an item regarding the cable franchise agreement.

Councilmember Gomes requested a monthly report from the City Attorney.

The Redevelopment Agency meeting was called to order at 10:30 p.m.

The City Council meeting reconvened at 10:36 p.m. and was adjourned to Closed Session at 10:38 p.m.

CLOSED SESSION

Conference with Legal Counsel:
Anticipated litigation pursuant to Gov't Code Section 54956.9(b): one case

The meeting reconvened in Open Session at 10:50 p.m. with no action to report.

There being no further business the meeting was adjourned

Margaret Wimberly
Administrative Assistant II

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov