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Item 1

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, APRIL 11, 2006
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER - 734 Third Street, City Council Chamber (6:05 PM)

Roll Call
Present: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

CITIZEN COMMENTS (6:05 PM)

WORKSHOP (6:06 PM)

Workshop to Review the 2006/07 – 2010/11 Capital Improvement Program.

RECONVENE IN OPEN SESSION - 734 Third Street, City Council Chamber (07:06 PM)

Roll Call (07:07 PM)
Present: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

PRESENTATIONS (07:08 PM)

B. Arts Commission’s Quarterly Update. (Rebekah Burr-Siegel)

Greg Ruiz, Arts Commissioner, presented the Arts Commission’s Quarterly Update and events sponsored by the Arts Commission such as the 5th Annual Art Walk in connection with the Spring to Life Fun Run; the 6th annual Art, Wine and Jazz Festival and student art show and spoke about public art in various locations.

A. Proclamation Week of the Young Child (Gloria Hartsough)

The Diversity Committee accepted the proclamation and Gloria Hartsough spoke about Parents and Providers Partnering for the Education of Young Children and said that the Diversity Committee was recognizing children so that they could know and recognize all people. A story hour would be held on April 14, 2006 at the Library.

C. New Employee Introductions

Director of Parks and Recreation, Craig Bronzan, introduced Elaine Kwan, Administrative Assistant II and Vivian Lau, Recreation Coordinator.

Assistant City Engineer, Paul Eldredge, introduced Steve Kersevan, Engineering Manager.

Police Chief, Michael Davies, introduced Police Officers, Sean Fenner and Todd Orlando.

Mayor Swisher administered the Oath of Allegiance to new employees.

AGENDA REVIEW - None (07:22 PM)

CITIZEN COMMENTS (07:22 PM)
Roger Miller, Pulte, and Ron Nunn, Blackhawk Nunn, spoke about the soundwall and landscaping near Summerset IV. A discussion between the City, Bypass Authority and developers had transpired and it was determined there was a way to allow an increase of the wall from 8-feet to 14-feet. Blackhawk Nunn and Pulte together, would fund the difference of the wall.

Mark Underwood thanked Blackhawk Nunn and Pulte for making a generous offer even though they did not have to. It would help Summerset knowing that the wall would be 14-feet. The dedication of the Summerset Community had paid off in a successful resolution to the situation.

Felice Underwood said she was thankful to Blackhawk Nunn and Pulte and was surprised at the generosity. She thanked the Council and said she was proud of Summerset group.

Peter Wolf discussed the pavement of Creek Road and said some time before the final permit was pulled on it, there would be some type of an overlayment of Creek Road on the part of the property that abutted Summerset Development, from his property down to Concord Avenue. It had not been done and he asked for a five to six year resurfacing of the pavement noting that the road had deteriorated and needed repaving.

CONSENT CALENDAR (07:34 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting held March 28, 2006. (M. Wimberly)

2. Adopted Resolution 2006-64 approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and PBP LP (PBP) for the Single Family Portion of Subdivision 8729. (H. Sword/ E. Bonneville/ K. Reed)

Mayor Swisher abstained.

3. Adopted Resolution 2006-65 approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and PBP LP (PBP) for the Apartment portion of Subdivision 8729. (H. Sword/ E. Bonneville/ K. Reed)

Mayor Swisher abstained.

4. Adopted Resolution 2006-66 authorizing the City Manager or her designee to draft and execute a Grant Deed transferring ownership of the property located at NEC of Second Street and Central Boulevard to the Brentwood Redevelopment Agency for the development of a multi-family project (H. Sword/G. Rozenski/D. Kwong)

5. Adopted Resolution 2006-67 approving and authorizing the City Manager to execute a Construction Contract for Tuscany Soundwall Extension, CIP Project No. 336-3159, with California Retaining Walls Co. in the amount of $66,239.18, plus a 10% contingency, for a total amount of $72,863.10, and amend the CIP Budget Sheet to allow this project to move forward. (B. Grewal/E. Kim)

6. Adopted Resolution 2006-68 to approve the purchase of irrigation equipment, and installation, from John Deere Landscapes - Green Tech Division, for the Third Phase of CIP Project 522-5231 (Irrigation Computerized Control System), in the amount of $125,000 and to authorize the City Manager to execute a Purchase Order to effectuate same. (C. Bronzan/K De Silva)

7. PULLED FOR DISCUSSION - Accept Parks Division Vandalism Report. (C. Bronzan/K De Silva)

8. Adopted Resolution 2006-69 authorizing the purchase of a new solid waste roll-truck from Golden Gate Truck Center and authorizing the City Manager to execute a purchase agreement not to exceed $135,394.83 (C. Ehlers/J. Carlson)

9. PULLED FOR DISCUSSION - Approve the appointment of Victoria Gits to the Brentwood Advisory Neighborhood Committee (BANC) for a three-year term ending December 31, 2008. (Council Member Taylor)

10. Adopted Resolution 2006-70 accepting the work performed by Electronic Technologies Corporation at the New Police Facility, CIP Project No. 337-3142 and City Data Center, CIP Project No. 337-3709, and direct the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/M. Huber)

11. PULLED FOR DISCUSSION - Adopt a Resolution amending the Travel/Expense Policy No. 20-4 and a Resolution amending the City Council Meetings Rules and Procedures Policy No. 110-1 deleting Rule No. 36 - Council Travel and Expense to have one comprehensive Travel/Expense Policy. (P. Ehler/D. Davies)

12. Adopted Resolution 2006-71 authorizing the City Manager or designee to enter into negotiations with the City of Antioch for an Information Technology (IT) Mutual Aid Agreement for Catastrophic Disaster Response and Recovery. (P. Ehler/Y. Cho)

13. Adopted Resolution 2006-72 adopting Principles for Congress and the State Legislature to Consider in its Debate Over a New Telecommunications Regulatory Framework. (D. Landeros/G. Leech)

14. Accepted informational report on the proposed work plan and schedule prepared by staff for completion of the Brentwood Boulevard Specific Plan. (H. Sword/E. Nolthenius)

Redevelopment Agency Consent Calendar Items:

15. Adopted Resolution RDA-108 approving and authorizing the Executive Director to sign a Regulatory Agreement, and any related documents, between the Brentwood Redevelopment Agency and PBP Limited Partnership (PBP) for Subdivision 8729 which lies within the Brentwood (Downtown) Redevelopment Project Area located south of Central Boulevard and west of Walnut Boulevard (H. Sword/G. Rozenski/D. Kwong)

Chairman Swisher abstained.

16. Adopted Resolution RDA-109 authorizing the Executive Director or her designee to accept a Grant Deed transferring ownership of the property located at NEC of Second Street and Central Boulevard from the City to the Brentwood Redevelopment Agency and direct staff to draft a Disposition and Development Agreement between Equus Group and the Brentwood Redevelopment Agency for the development of 16 multi-family units (H. Sword/G. Rozenski/D. Kwong)

17. Adopted Resolution RDA-110 authorizing the Executive Director or her designee to draft and execute a grant deed transferring ownership of the property located at 9100 Brentwood Boulevard (Police Facility) to the City of Brentwood. (H. Sword/G. Rozenski/P. Trudell)

CONSENT CALENDAR ACTIONS (07:34 PM)

Motion: Approve Consent Calendar items 1 - 6, 8, 10, 12 - 17 as recommended. Mayor/Chairman Swisher abstained on Items 2, 3 and 15.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

7. Accept Parks Division Vandalism Report. (C. Bronzan/K De Silva)

In response to Council Member Taylor’s question regarding a surveillance system at the park, Landscape/Facilities Manager, Ken De Silva, said the best approach was a new design at new facilities such as metal tree stakes, and site amenities used such as picnic benches and drinking fountains, and central irrigation sprinklers/controllers which would show if anything was wrong.

Director of Parks and Recreation, Craig Bronzan, said it could be as simple as children walking to school and if irrigation system is on, some kids will kick them down and it could be as simple as looking at traffic patterns of where people are in making sure that irrigation systems are not on.

Council Member Taylor asked how much was spent on repairs.

Director of Parks and Recreation, Craig Bronzan, said last calendar year, $65,000 was spent on vandalism and graffiti repair and was about two percent of the overall budget.

Landscape/Facilities Manager, Ken De Silva, said two percent was not bad compared to other cities, and that was why staff tried to abate the issues as soon as they were seen.

Motion: accept Parks Division Vandalism Report as recommended.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

9. Approve the appointment of Victoria Gits to the Brentwood Advisory Neighborhood Committee (BANC) for a three-year term ending December 31, 2008. (Council Member Taylor)

Motion: Approve the appointment of Victoria Gits to the Brentwood Advisory Neighborhood Committee (BANC) for a three-year term ending December 31, 2008.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

11. Adopt a Resolution amending the Travel/Expense Policy No. 20-4 and a Resolution amending the City Council Meetings Rules and Procedures Policy No. 110-1 deleting Rule No. 36 - Council Travel and Expense to have one comprehensive Travel/Expense Policy. (P. Ehler/D. Davies)

Finance Operations Manager, Denise Davies, said that new legislation, AB 1234, which added sections to the government code and stated that Elected Officials had to have a policy to set forth reimbursement for travel. In an effort to combine the Travel Policy and Council Policy, she combined the Council information into the travel policy to have one comprehensive policy.

Motion: Adopt Resolution 2006-73 amending the Travel/Expense Policy No. 20-4 and a Resolution amending the City Council Meetings Rules and Procedures Policy No. 110-1 deleting Rule No. 36 - Council Travel and Expense to have one comprehensive Travel/Expense Policy as recommended.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

PUBLIC HEARINGS (07:47 PM)

18. Introduce and waive the first reading of an ordinance for a Rezone (RZ 06-05) to modify the Planned Development (PD-18) zoning designation for Shadow Lakes to clarify uses and development standards within this zoning designation by creating zoning subareas and related text changes. The Shadow Lakes project area is bounded generally by Balfour Road on the south, the Hwy 4 Bypass on the east, the Brentwood Hills subdivision on the north, and Special Planning Area R on the west. (H. Sword/D. Hill)

Senior Planner, Debbie Hill, presented a staff report, stating that the Planning Commission, at their meeting of February 21, 2006, had unanimously voted to approve the zoning amendment and staff was bringing forth the Planning Commission’s recommendation for approval of the zoning amendment and subarea map.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

Motion: Introduced and waived the first reading of Ordinance 823 for a Rezone (RZ 06-05) to modify the Planned Development (PD-18) zoning designation for Shadow Lakes to clarify uses and development standards within this zoning designation by creating zoning subareas and related text changes. The Shadow Lakes project area is bounded generally by Balfour Road on the south, the Hwy 4 Bypass on the east, the Brentwood Hills subdivision on the north, and Special Planning Area R on the west. The City Clerk read the title of Ordinance 823.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

19. Introduce and waive the first reading of an ordinance for a Rezone (RZ 05-10) to modify the Planned Development (PD-18) zoning designation for Shadow Lakes to add recreational vehicle (RV) and boat storage facility as a conditionally permitted use on the vacant approximately 1.2-acre lot along the northern edge of the subdivision next to the water tank. The Shadow Lakes project area is bounded generally by Balfour Road on the south, the Highway 4 Bypass on the east, the Brentwood Hills subdivision on the north, and Special Planning Area R on the west. (H. Sword/D. Hill)

Senior Planner, Debbie Hill, said that the zoning amendment was heard at the February 21, 2006, Planning Commission meeting, at which direction was given to staff to present possible alternative uses at a subsequent public hearing. At the March 21, 2006 Planning Commission meeting, after consideration of other possible alternative uses, the Commission voted to approve the zoning amendment, which would allow RV and boat storage as a conditionally permitted use. Staff was bringing forth the Planning Commission’s recommendation for approval of the amendment.

Mayor Swisher opened the public hearing.

Kevin Fredrickson, Brookfield Homes, agreed with the staff report to amend the rezoning to RV storage. Disclosures were signed not only by the Shadow Lakes neighborhood, but also by Brentwood Hills neighborhood, directly to the north. Brookfield had made a commitment to the homeowners and wanted to honor it.

Gaylen Dixon said her court would be impacted by the RV storage site and addressed concerns from a site standpoint unless there were plans to beautify it or block it off from view. Eastwood Court and other streets would have a full view and felt it could look like a trailer park. It was right in the middle of one of the upper end communities and it was inappropriate. She addressed safety issues stating that the top of Presidio was narrow and two regular cars had difficulty navigating that portion of the road and it did not seem practical.

Ron Reagan said he was concerned about traffic and that the arteries that went into the middle of residential area. The roads with on street parking allowed a very small amount or room for RV vehicles and there were a lot of children in the area. He asked if there was another place for ingress and egress to the property and asked Council to consider the traffic issue.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

Council Member Gutierrez said residents had signed disclosure statements and any type of specifics such as traffic and screening would be a conditional use permit discussion.

Council Member Taylor asked what would happen in the event they wanted to shut down in five years and build something.

Mayor Swisher said if the item was approved, there were limited uses and anything else would need to have a variance and would need to go to Planning Commission.

Senior Planner, Debbie Hill, said the only uses would be conditionally permitted and anything else would require a subsequent zoning amendment.

Mayor Swisher said he was in support of the Rezone. It was adjacent to two large water tanks and had been there in the beginning. This was not where major traffic would come in and there would be one or two entries per week. He said he understood the traffic and children and it was not like other uses. When this returned to Planning Commission, he asked that they talk about how to creatively screen the RV lot and set standards for where they could park and how they could disguise it.

Motion: Introduced and waived first reading of Ordinance 824 for a Rezone (RZ 05-10) to modify the Planned Development (PD-18) zoning designation for Shadow Lakes to add recreational vehicle (RV) and boat storage facility as a conditionally permitted use on the vacant approximately 1.2-acre lot along the northern edge of the subdivision next to the water tank. The Shadow Lakes project area is bounded generally by Balfour Road on the south, the Highway 4 Bypass on the east, the Brentwood Hills subdivision on the north, and Special Planning Area R on the west. The City Clerk read the title of Ordinance 824.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

20. Adopt a Mitigated Negative Declaration for a 49,112 square foot commercial center (Design Review 05-27 -- City Block) and introduce and waive the first reading of an ordinance for a Rezone (RZ 06-03) to change the zoning of a 4.47-acre site from Neighborhood Commercial (C-1) to Planned Development 69 (PD-69) in order to adopt specific uses and development standards generally located on the vacant land at the southwest intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center. (H. Sword/D. Hill)

Senior Planner, Debbie Hill, presented a staff report stating that the existing C-1 zoning did not include office uses. The project included an office component, which necessitated the need for a rezone. At the March 21, 2006, Planning Commission meeting, the Commission voted unanimously to approve the project and staff was bringing for the Commission's recommendation for both the adoption of the Mitigated Negative Declaration and approval of the rezone from C-1 to PD-69.

Mayor Swisher opened the public hearing.

Barbara Guise said she was concerned about having pocket commercial development all over the City. It had been done in other cities and the commercial areas got boarded up. She asked Council to look at the City as a whole to see if spot commercial was needed.

Bonnie Keaton said her court backed up to the property and she was not opposed to something going on the property. She was not excited about the current plans for lighting since her home was a two story. She asked if tests had been done on the project for lighting and traffic. She had concerns because she had a pool and used her back yard a lot in the summer and did not want the aroma of trash. She was concerned about the value of her home and asked Council to reasess the value of the building stucture and lighting and how the project would visually impact the neighborhood.

Martin Balaban asked to not allow trucks on the other side of the wall behind the proposed development and or increase the height of the soundwall from eight feet to twelve feet. The wall had been approved and built based on present height of the current zoning, neighborhood commercial, and based upon the existing the health club development, which did not have rear vehicle access. He was concerned he would be eye level with a delivery truck in the morning and requested parking spaces be removed so trucks could make turns.

Senior Planner, Debbie Hill, said design review had been adopted and several items that had been mentioned were addressed through conditions of approval, such as limiting, restricting hours for truck traffic and trash pick up and possible relocation of the trash enclosures further away from the residential neighborhood. There was a condition requiring the lighting photo metrics plan and fixtures to return for the review and approval process. The design review had been approved by the Planning Commission at the same time as the Rezone recommendation to Council.

Julie Ortiz said her residence backed up to the parcel and she was concerned about parking and at In-Shape City, there was no access to the back and she was concerned that parking behind the center would create problems with loitering, vehicles going in and out, garbage and lighting. She had a two story home and did not want to see or hear trucks or traffic.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

Mayor Swisher asked to have a copy of the design review that had approved by the Planning Commission.

Council Member Brockman said with regard to lighting issues, the developer was conditioned to bring back 20 feet or less for lighting, to relocate trash enclosures and set hours for deliveries.

Senior Planner, Debbie Hill, said as far as the site layout, there was a 20-foot landscape buffer around the perimeter of the site and a 30-foot parkway for traffic circulation for employees. The intent was for minimal disruption to the neighborhood in the back. Any other adjacent parking noise and lighting would also be screened by the buildings, which would help with noise mitigation. There was a condition for the developer to work with staff to try and find alternate locations for the trash enclosures that would be less disruptive to the neighbors.

Council Member Taylor said neighbors behind the In-Shape Health Club had issues with the lights and the lights would shine in on a two-story.

Council Member Brockman said there was a 20-foot landscape section up against the fence where high plantings could be placed.

Senior Planner, Debbie Hill, said that staff had worked with In-Shape and they had lowered the lighting to eight feet, which was below the height of the soundwall. Staff was very cognizant of the issues and the placement of the fixtures.

Motion: adopt Resolution 2006-74 approving a Mitigated Negative Declaration for a 49,112 square foot commercial center (Design Review 05-27 -- City Block).
Moved by Brockman, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

Motion: introduce and waive the first reading of Ordinance 825 for a Rezone (RZ 06-03) to change the zoning of a 4.47-acre site from Neighborhood Commercial (C-1) to Planned Development 69 (PD-69) in order to adopt specific uses and development standards generally located on the vacant land at the southwest intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center. The City Clerk read the title of Ordinance 825.
Moved by Brockman, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Brockman; Gutierrez; Swisher; Taylor
Absent: Beckstrand

21. CONTINUED TO THE MEETING OF APRIL 25, 2006 - Introduce and waive the first reading of an ordinance for a rezone (RZ 06-01) to establish uses and development standards in the PD-24 Zone and modify the subarea map, as well as associated changes to the PD-13 Zone, to include the uses and development standards in Paradise Cove (Fahmy Ct. residential project) in the PD-24 Zone. A Negative Declaration has been prepared for this project, pursuant to the California Environmental Quality Act (CEQA), to assess potentially adverse environmental impacts. (H. Sword/J. Strandberg)

NEW BUSINESS (08:24 PM)

22. Redevelopment Agency - Discussion and approval of annual Redevelopment Agency project priorities funded by the 2001 Tax Allocation Bond Proceeds and in coordination with the City’s Capital Improvement Program. (H. Sword/G. Rozenski)

Mayor Swisher declared a conflict due to the Lone Oak portion where he had a conflict with the developer and he left the Council Chamber.

Redevelopment Manager, Gina Rozenski, presented a staff report discussing the annual Redevelopment Agency project priorities funded by the 2001 Tax Allocation Bond proceeds and summarizing recommendations for new CIP projects.

Vice Mayor Gutierrez requested any public comments.

Motion: Approve the annual Redevelopment Agency project priorities funded by the 2001 Tax Allocation Bond Proceeds and in coordination with the City’s Capital Improvement Program.
Moved by Brockman, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Brockman; Gutierrez; Taylor
Abstain: Swisher
Absent: Beckstrand

Mayor Swisher did not return to the Council Chamber and join the Council for the remainder of the meeting.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:29 PM)
Council Member Taylor said he had attended the Contra Costa Mayor's Conference and the City had applied for a grant from the County for transportation development funding recommendations and the County did not have the funds.

Council Member Gutierrez said Friends of Marsh Creek were having a tour on April 22, 2006, at 11:00 a.m. to show the importance of the Creek.

Council Member Brockman said he had attended a Redevelopment introduction workshop which provided the understanding of how the tax allocation bonds worked.

REQUESTS FOR FUTURE AGENDA ITEMS (08:31 PM)
Council Member Gutierrez requested information on Peter Wolfe’s comment on Creek Road.

Council Member Brockman clarified when he had spoken about a flag on the water tower at a previous Council meeting, he was not talking about painting the water tower but a sturdy, lighted flag pole with an American flag. He also spoke about the weight limit signs on Sellers Road, and said out of state trucks were coming for agricultural purposes to packing plants and industrial areas and some had refused to go up Sellers Road. Trucks were allowed to make direct deliveries to a site through Sellers Road. He believed the intent or purpose was to keep trucks off of City roads. None of the signs were beyond Sunset and since there was an industrial park there, he asked for a report on why the signs were on Sellers Road. It had become an issue since truck drivers had been stopped.

City Manager, Donna Landeros, reported that the April 25, 2006, Council agenda would be primarily fire issues.

Council Member Taylor asked for an update on pot holes since the weather had taken it’s toll and how much money would need to be spent on street repair.

Chris Ehlers reported that there had only been one work order for a pot hole and it was due to related construction and the streets were holding up well.

Council Member Taylor said a report was not needed now.

ADJOURNMENT
Motion: Approve adjournment.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Brockman; Gutierrez; Taylor
Absent: Beckstrand; Swisher

Respectfully Submitted,

Cynthia Garcia, CMC
Assistant City Clerk
 

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