Brentwood City Council
May 8, 2024

MAY 8, 2024, 5:30 PM

SPECIAL CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may provide remote public comment during public hearings and on business items via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. In addition, the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. If Zoom participation is not enabled, the meeting will continue with public attendance in person only. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)

3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].

Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council via email before the meeting,

2. posted online for public inspection at www.brentwoodca.gov/meetings and

3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.

4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca

CITY COUNCIL SPECIAL MEETING AGENDA
Zoom Webinar ID: 760 1397 0037

May 8, 2024, 5:30 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENTS
The public is permitted to speak on items that are listed on the Closed Session agenda.

In Person: Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.

Zoom: Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments.

Members of the public wishing to speak during the public discussion of items that are on the agenda are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. A speaker may not allocate his or her time to another speaker. All remarks shall be addressed to the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate a agreement with previous speakers.

Speakers desiring answers to questions, at the invitation of the Mayor, may have a staff member provide a brief response. Alternately, a staff member may follow up directly with the speaker during regular City business hours.

D. PUBLIC HEARING
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

D.1 Extension of Interim Urgency Ordinance allowing Permittees to install Pad-Mounted Transformers within Development Projects.

Title/Recommendation
Approve an extension of the Interim Urgency Ordinance No. 1072 adopted on March 26, 2024, allowing Permittees to install pad-mounted transformers within development projects while the City monitors the nationwide supply chain issues related to underground transformers.

The proposed Interim Urgency Ordinance extension is an action not subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the Urgency Ordinance extension are exempt under CEQA because they will not cause a change in any of the physical conditions within the area affected by the ordinances. (14 Cal. Code Regs. § 15061(b)(3).)
E. RECESS TO CLOSED SESSION
E.1 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
[Gov’t. Code §54957]
Title: City Attorney
F. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.

Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.

The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On Friday, May 3, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

CITY COUNCIL AGENDA ITEM NO. D.1
05/08/2024
SUBJECT: Extension of Interim Urgency Ordinance allowing Permittees to install Pad-Mounted Transformers within Development Projects.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Approve an extension of the Interim Urgency Ordinance No. 1072 adopted on March 26, 2024, allowing Permittees to install pad-mounted transformers within development projects while the City monitors the nationwide supply chain issues related to underground transformers.

The proposed Interim Urgency Ordinance extension is an action not subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the Urgency Ordinance extension are exempt under CEQA because they will not cause a change in any of the physical conditions within the area affected by the ordinances. (14 Cal. Code Regs. § 15061(b)(3).)

FISCAL IMPACT
There is no anticipated direct fiscal impact as a result of the proposed extension of the Interim Urgency Ordinance No. 1072 to allow residential and commercial development projects that include land subdivision to receive building permits.

There would be a direct fiscal impact to the extent City Council did not extend the Interim Urgency Ordinance as development projects subject to this requirement will not be able to provide electrical service to future buildings and, therefore, will not be able to receive building permits for the foreseeable future.

Should the City Council not extend the Interim Urgency Ordinance, the anticipated collection of $1.7M in near-term fees associated with Engineering and Inspection staff required to administer, review, approve and inspect development projects with subdivisions city-wide would be delayed. As a result, delays in the construction of public and private improvements to support development projects that include land

CITY COUNCIL AGENDA ITEM NO. D.1
05/08/2024
subdivisions would cause a subsequent delay to building permit issuance, impacting FY 2025/26 and beyond. If the extension is not approved, future revenue projections for the affected commercial projects are estimated to include a loss of up to $1.5M a year in sales tax, and more for the deferral of anticipated property taxes.

BACKGROUND
The Subdivision Map Act (Government Code Section 66410, et seq.) is a California state law that authorizes local governments, such as city councils, to regulate and control the design and improvement of subdivisions of land. To carry out this power, each local government, including the City of Brentwood, passes its own subdivision ordinance, which sets out the requirements imposed on developers in exchange for the privilege of subdividing their land.

One of these requirements is found in Brentwood Municipal Code (“BMC”) Section

16.120.120(A)(1), which states:

Utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, shall be required to be placed underground. "Advanced technology systems" shall be defined as all necessary appurtenances, equipment and facilities required for the provision of Internet, computer, fiber optic, cable television, telephone, and other communication services within the public right-of-way and upon private property. The design, installation, inspection and testing requirements for city acceptance of such system shall meet the minimum requirements as outlined in the city of Brentwood standard plans and specifications as approved by the city engineer. The developer shall also dedicate to the city that portion of the system within the public right-of-way and shall dedicate to the property owner the portion of the system within the private property.

As currently written, this includes all Pacific Gas & Electric Company (“PG&E”) electric transformers, which must be placed underground.

Electric distribution transformers serve an important role in converting or stepping down currents from power lines to be rated at 300,000 to 750,000 volts to lower voltages for consumer use, typically just 110 to 250 volts, with higher voltages for commercial and industrial use. Without transformers, residents and businesses will

CITY COUNCIL AGENDA ITEM NO. D.1
05/08/2024
not be able to receive electricity.

Beginning this year, staff has received numerous contacts about the lack of supply and long delays associated with procuring subsurface transformers, which are required by BMC Section 16.120.120, and has been requested to explore possible options to move land use projects forward. The requests have grown such that it is now a consistent message from all developers, and repeated in local/national news that they are unable to obtain subsurface transformers within a reasonable timeframe.

PG&E estimates January 2028 as the earliest availability of subsurface transformers, whereas surface (pad-mounted) transformers are available within 6-9 months after PG&E approval of plans.

On March 26, 2024, the City Council adopted an interim urgency ordinance authorizing the City Engineer to allow pad-mounted transformers for projects applicable to BMC Chapter 16.120.120 with additional screening requirements for residential applications. The Council also discussed the adoption of a permanent ordinance to allow for this process.

On April 23, 2024, the City Council directed staff to (a) determine if size limits can be put on surface-mounted transformers serving residential developments or, if that is not feasible, if a limit on the number of homes to be served per transformer can be imposed, and (b) confirm whether PG&E is required to abide by Brentwood regulations in this regard. Staff is working on City Council’s direction and intends to return to City Council with a permanent ordinance at a future City Council meeting.

NEXT STEPS
This action would extend the interim urgency ordinance adopted by the City Council on March 26, 2024, which expires 45 days after adoption (May 10, 2024), by ten months and fifteen days (February 10, 2025).

At a future City Council meeting, staff will present a permanent ordinance to modify BMC 16.120.120. The permanent ordinance will differ from the urgency ordinance in that it will set forth more explicit instructions for compliance with screening requirements in residential settings and address City Council’s direction provided on April 23, 2024.

CITY COUNCIL AGENDA ITEM NO. D.1
05/08/2024

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
A notice of Public Hearing for the extension of the Interim Ordinance was published on April 26, 2024.

ENVIRONMENTAL DETERMINATION
The Interim Urgency Ordinance extension is not an action subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the Urgency Ordinance extension is exempt under CEQA because they will not cause a change in any of the physical conditions within the area affected by the ordinances. (14 Cal. Code Regs. § 15061(b)(3).)

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation. Developers will not be able to receive full timely approval of their joint trench plans until underground transformers are available, halting all development until supply issues are resolved, or until separate Planning Commission and City Council consideration is completed (which may not be feasible in all cases).

ATTACHMENT(S)

1. Previous Action

2. Pacific Gas and Electric Company - Landscape Screening

3. Extension of Urgency Ordinance

Attachment 1

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On March 26, 2024, by Ordinance No. 1072, the City Council adopted an interim urgency ordinance authorizing the City Engineer to allow pad-mounted transformers for projects applicable to BMC Chapter 16.120.120 with additional screening requirements for residential applications.

On April 23, 2024, the City Council continued consideration of a permanent ordinance authorizing the City Engineer to allow pad-mounted transformers for projects applicable to BMC Chapter 16.120.120 with additional screening requirements for residential applications.






 







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ORDINANCE NO. ____________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BRENTWOOD EXTENDING, FOR A PERIOD OF TEN MONTHS

AND FIFTEEN DAYS, THE INTERIM URGENCY ORDINANCE

AMENDING BRENTWOOD MUNICIPAL CODE SECTION

16.120.120 TO AUTHORIZE THE CITY ENGINEER TO WAIVE

LIMITED UNDERGROUND UTILITY REQUIREMENTS, AND
FINDING THE ACTION EXEMPT FROM CEQA.

WHEREAS, the City of Brentwood (“City”) presently requires development projects that include a land subdivision to install utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, to be placed underground as governed by Chapter 16.120.120 of the Brentwood Municipal Code (“BMC”); and
WHEREAS, according to multiple media sources, as well as developer testimonials, the construction industry is currently experiencing a severe shortage of subsurface electric distribution transformers; and
WHEREAS, the causes for this shortage are complex, and include increases in demand for such facilities due to growth in EV charger installation and the use of renewable energy sources, federal investment, storms and political events that have disrupted the global supply chain, the imposition of tariffs on foreign transformers, and the impacts of the COVID pandemic; and
WHEREAS, the lead time for the receipt of subsurface electric distribution transformers may delay the completion of construction projects by years if this requirement continues to be implemented; and
WHEREAS, the City desires to allow currently entitled development projects subject to BMC Chapter 16.120.120 to move forward with construction, while also enacting this interim urgency moratorium on new entitlements for projects with land subdivisions, in order to ensure electricity is available to future homeowners and businesses; and
WHEREAS, this interim urgency moratorium on undergrounding requirements in the city will give the City sufficient time to monitor the supply of subsurface transformers; and
WHEREAS, the City Council of the City of Brentwood is authorized, pursuant to Article 11, Section 7 of the California Constitution, to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and

WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt, by a four-fifths vote and without following the procedures otherwise required for the adoption of a zoning ordinance, an interim urgency ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission, or planning department is considering, or studying, or intending to study within a reasonable time; and
WHEREAS, on March 26, 2024, the City Council adopted Urgency Ordinance No. 1072, amending Brentwood Municipal Code Section 16.120.120 to authorize the City Engineer to waive limited underground utility requirements and find the act exempt from CEQA; and
WHEREAS, Government Code section 65858(a) further provides that, prior to the expiration of such urgency ordinances, the City may extend the ordinance for a period of an additional 10 months and 15 days; and
WHEREAS, the City desires to extend the Urgency Ordinance for 10 months and 15 days while a permanent ordinance addressing these matters is passed and put into place.

NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

SECTION 1. Recitals.

The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this ordinance. In support of the recitals stated above, the City Council hereby finds and determines that it is necessary to adopt an extension to the interim urgency ordinance to allow pad-mounted transformers for projects applicable to BMC Chapter 16.120.120 with additional screening requirements for residential applications, while City staff continues to monitor the availability of subsurface transformers.

SECTION 2. Urgency Findings.

In addition to the recitals adopted pursuant to Section 1 of this ordinance, the City Council also hereby finds and determines that the continued absence of subsurface transformers nation-wide constitutes an immediate threat to the public health, safety, and welfare.

Specifically, the City Council finds as follows:

A. The proposed extension to the Urgency Ordinance is consistent with the General Plan, insomuch as it will allow for the continued provision of high quality design and installation of electric distribution transfers in new commercial and residential development, thus implementing General Plan Policy ED 6-1 (“Strive for high quality in all types of development.”)

B. The City Council hereby finds that there is a current and immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants the adoption of this extension to the Urgency Ordinance, given that:

1. The Brentwood Municipal Code does not provide a practical exception for pad-mounted in its regulations governing land subdivisions.

Specifically, to allow pad-mounted transformers would require currently entitled and future projects to request Planning Commission recommendation and City Council approval on an individual basis. In addition, those projects that are subject to processing under the Housing Crisis Act of 2019 (SB 330) are only subject to five hearings. For those projects that do not require City Council approval, or those that have already received approval, adding a further hearing for the limited purpose of issuing a waiver of this type could be infeasible. Additionally, the requirement to form an underground, reimbursement or improvement district would be infeasible for a single commercial property owner or a group of 6-8 single-family homeowners for each transformer. There would also be an issue due to the uncertainty of the availability of subsurface transformers.

2. The failure to provide a timely mechanism for waiving this requirement, in light of the ongoing shortage of subsurface electric distribution transformers, could imperil the ability of entitled residential projects to complete construction, thereby delaying or perhaps precluding the construction of housing, including needed affordable housing.

3. Many other Cities in Contra Costa County and the Bay Area either allow pad-mounted transformers or provide exceptions under unreasonable or unfeasible circumstances.

C. It is necessary for the City to give staff time to monitor the subsurface transformer availability.

D. The City finds that the extension of an interim allowance for padmounted transformers for projects applicable to BMC Chapter 16.120.120 with additional screening requirements for residential applications is necessary for a further period of 10 months and 15 days.

1. Based on the foregoing, continuing to prohibit pad-mounted transformers would result in a current and immediate threat to the public health, safety, and welfare.

2. An extended period of 10 months and 15 days will permit City staff to undertake an initial investigation of these matters and recommend a course of action to the City Council. These suggestions will likely involve the City amending, repealing, and/or adding certain language to the BMC to address the lack of availability of sub-surface transformers and to provide an allowance for pad-mounted transformers similar to other Cities.

E. Brentwood Municipal Code Section 16.120.120 is therefore hereby amended as set forth in Exhibit ‘A’, attached hereto and incorporated herein, for the duration of this Urgency Ordinance extension. Newly adopted language is underlined.

SECTION 3. This Urgency Ordinance extension will be published in accordance with Government Code Section 36933 by either posting or publishing the Urgency Ordinance in accordance with that law.

SECTION 4. This Urgency Ordinance is adopted by a four-fifths vote of the Brentwood City Council. It shall take effect immediately upon its adoption and remain in effect for 10 months and 15 days as provided by Government Code Section 65858(a). Any further extension of this Urgency Ordinance will require a four-fifths vote of the City Council.

SECTION 5. Ten days prior to the expiration of this extended Urgency Ordinance or any additional extension, the City Council will issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Urgency Ordinance, as required under Government Code Section 65858(d).

THE FOREGOING URGENCY ORDINANCE was adopted by the City Council of the City of Brentwood at a special meeting held on the 8th day of May 2024 by the following vote:

EXHIBIT ‘A’

BRENTWOOD MUNICIPAL CODE
TITLE 16 (‘Subdivisions and Land Development’)
§ 16.120.120 Undergrounding—Electric, communication, street lighting and advanced technology systems.

A. General Provisions.

1. Utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, shall be required to be placed underground. "Advanced technology systems" shall be defined as all necessary appurtenances, equipment and facilities required for the provision of Internet, computer, fiber optic, cable television, telephone, and other communication services within the public right-of-way and upon private property. The design, installation, inspection and testing requirements for city acceptance of such system shall meet the minimum requirements as outlined in the city of Brentwood standard plans and specifications as approved by the city engineer. The developer shall also dedicate to the city that portion of the system within the public right-of-way and shall dedicate to the property owner the portion of the system within the private property.

2. All existing facilities except transmission facilities either along abutting streets or within a development shall also be underground at the time of development. "Along abutting streets" means on the same side of the abutting street as the property being developed, not the other side of the street.

3. The developer is responsible for complying with all requirements of this subsection, and shall make the necessary arrangements with the utility companies for the installation of such facilities.

4. The city council, following the consideration by the planning commission, may waive undergrounding requirements if unusual topographical, soil or any other unusual problems (such as prolonged supply chain delays) make such underground installations unreasonable or impractical in accordance with the following:
a. If the requirement to underground utilities is waived, the city council may require the recordation of an improvement agreement, requiring the property owner and any subsequent owner of the subject property to join an underground utility assessment district, reimbursement district or similar improvement district, when such a district is formed, and to guarantee participation in such district by posting an improvement bond and recording a lien on subject property.

b. The affected developer or any utility company may submit information supporting a request for such waivers.
c. No waiver shall be granted in any undergrounding district previously established.
d. In the event such a waiver is granted as to a residential development, the developer shall be responsible for installing screening to the satisfaction of the City Engineer.

5. The City Engineer may waive undergrounding requirements as to equipment appurtenant to underground facilities (such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts) if unusual topographical, soil, or any other unusual problems (such as prolonged supply chain delays) make such underground installations unreasonable or impractical in accordance with the following:
a. The affected developer or any utility company may submit information supporting a request for such waiver.
b. In the event such a waiver is granted as to a residential development, the developer shall be responsible for installing screening to the satisfaction of the City Engineer.
c. The City Engineer’s authority to waive such requirement shall sunset on December 31, 2028, unless otherwise amended by the city council.

B. Electric, Communication, Street Lighting and Advanced Technology Systems. All costs of placing existing or new facilities, required to be undergrounded by the developer, shall be paid for by the developer subject to the current California Public Utility Commission rules and regulations.

C. Advanced Technology Systems.

1. The developer shall design, install, test and dedicate to the city two advanced technology system conduits, size to be determined, within the public right-ofway. The developer shall install, in one of the conduits, a fiber optic system designed to serve the subject development for use by the city of Brentwood or one of its licensed franchisee. The fiber optic system shall be installed in accordance with the citywide advance technology master plan and approved by the city engineer. The second conduit shall remain empty and shall be reserved to serve the subject development for the use of a city licensed franchisee not wishing to utilize the city's fiber optic system. Both conduits shall be installed to each lot line. The developer shall bear all design, construction, inspection, and testing costs associated with these underground requirements. Furthermore, the developer shall design, install, test and dedicate to the city all necessary components of the advanced technology system as depicted on the citywide advanced technology master plan.

2. The developer shall design, install, test and dedicate to the property owner two advanced technology system conduits, size to be determined, to connect the public advanced technology system to the individual home or building. The developer shall install, in one of the conduits, a fiber optic system designed to serve the subject property. The fiber optic system shall be installed in accordance with the citywide advance technology master plan and approved by the city engineer. The second conduit shall remain empty and shall be reserved to serve the subject property for the use of a city licensed franchisee not wishing to utilize the city's fiber optic system. The developer shall bear all design, construction, inspection and testing costs associated with these underground requirements.

3. The cable television or advanced technology company franchisee that elects to install facilities in the city's vacant conduit shall provide plans and specifications to the developer and the city of Brentwood. The licensed franchisee shall also inspect the facilities and certify to the city prior to final approval of the development that the cable television facilities or advanced technology systems are properly installed and serviceable. The design and installation shall meet the minimum criteria as outlined in the city of Brentwood standard plans and specifications.
(Ord. 471 § 3, 1990; Ord. 609, 1999)