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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: August 22, 2000

Subject/Title: Subdivision 8084 Final Map Acceptance

Submitted by: Engineering: J. Stevenson/B. Bornstein

Approved by: Jon Elam, City Manager

RECOMMENDATION
Passage of a Resolution approving the Final Map of Subdivision 8084-Summerset At Brentwood Country Club located south of Balfour Road and west of Fairview Avenue Extension, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.

PREVIOUS ACTION
On December 16, 1997, by Resolution No. 97-39, the Planning Commission approved Tentative Subdivision Map 7940, with conditions.

On February 10, 1998, by Resolution No. 98-31, City Council revised certain conditions of approval for the Tentative Subdivision Map No. 7940.

BACKGROUND
The Final Map is located south of Balfour Road and west of the Fairview Avenue Extension. This Final Map has been checked for conformance with the approved Tentative Map and Conditions of Approval. The developer has executed a Subdivision Improvement Agreement, the appropriate improvement security (Faithful Performance and Labor & Materials Bonds No.6042589 for $4,411,149.00), plus payment of cash or bond in amount not to exceed $350,000 for a soundwall to be built on State Route 4 Bypass right of way has been posted, and offers of dedication for the appropriate roadways and easements have been made.

In order for the Final Map to be recorded, the Council needs to approve both the Final Map and the Subdivision Improvement Agreement, accept the offers of dedication as shown on the map subject to acceptance of the improvements, accept the improvement security, and authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement.

The developer is responsible for necessary repairs to subdivision improvements for a period of 12 months following acceptance of the improvements for maintenance. The City will then incur costs, the amount of which is unknown at this time, associated with maintenance of utilities. A Lighting and Landscape Maintenance District has been formed for this subdivision and will be responsible for the street lighting and landscape maintenance.

Attachments:
Site Map
Resolution
Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FINAL MAP OF SUBDIVISION 8084-SUMMERSET AT BRENTWOOD COUNTRY CLUB, LOCATED SOUTH OF BALFOUR ROAD AND WEST OF THE FAIRVIEW AVENUE EXTENSION, ACCEPTING THE OFFERS OF DEDICATION SHOWN THEREON SUBJECT TO ACCEPTANCE OF IMPROVEMENTS, ACCEPTING THE IMPROVEMENT SECURITY, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME


WHEREAS, on December 16, 1997, by Resolution No. 97-39, the Planning Commission of the City of Brentwood approved the Tentative Map of Subdivision 7940, with conditions; and

WHEREAS, on February 10, 1998, by Resolution No. 98-31, the City Council revised certain conditions of approval for the Tentative Map of Subdivision 7940; and 

WHEREAS, Final Map 8084 showing 111 single family residential lots has been prepared for this subdivision; and

WHEREAS, City staff has checked the Final Map for conformance with the approved Tentative Map and the Conditions of Approval dated February 10, 1998, and finds that the Final Map is ready for approval.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood finds as follows:

1. Resolution 97-39 and Resolution 98-31 contain inconsistent findings, mitigation measures, and conditions of approval concerning the need to construct a soundwall along Final Map Tract 8084’s boundary with the State Route 4 Bypass, particularly as it relates to Mitigation Measure 35 and 79, and Vesting Tentative Map 7940, Condition of Approval No. 113;

2. The findings made in Resolution 98-31 were taken without the applicant following proper procedures of the Public Resources Code and CEQA guidelines for the revision or deletion of mitigation measures that required a subsequent or supplemental environmental impact report to be prepared and the findings made in Resolution 98-31 are not in compliance with conditions as they exist now;

3. City finds that the noise mitigation required by Mitigation Measure 35, 79, and Condition of Approval No. 113 is a public health and safety issue;

4. While the City staff contends that the requirements to construct a soundwall to the standards stated in the Charles M Salter Associates Inc., Noise Impact Report for Subdivision 7940, 8082, 8083 and 8084, dated June 30, 2000, is not a new condition and not subject to Government code §66498.1[c], City Council finds that the Vesting Tentative Map Conditions of Approval No. 113 requires compliance with state and federal regulations;

5. While the City staff contends that the requirement to construct a soundwall to the standards stated in the Charles M Salter Associates Inc., Noise Impact Report for Subdivision 7940, 8082, 8083 and 8084, dated June 30, 2000, is not a new condition and not subject to Government Code §66498.1[c], City finds in its discretion to provide the maximum protection from legal challenge that this approval without the soundwall constructed to the above stated study requirements would place residents of the subdivision or immediate community in a condition dangerous to their health or safety, or both.

BE IT FURTHER RESOLVED that the City Council approves the Final Map for Subdivision 8084-Summerset at Brentwood Country Club, and that the offers of dedication shown thereon are hereby accepted subject to acceptance of improvements subject to the addition of the following condition:

Notwithstanding any term provided above, particularly the amount of security, Subdivider shall pay cash or a bond or other surety satisfactory to the State Highway 4 Bypass Authority in an amount determined by the State Highway 4 Bypass Authority, but said amount cash, bond, or surety shall not exceed $350,000, for the construction and design of a soundwall to the standards as required by the Charles M. Salter Associates Inc., Noise Impact Report for Subdivision 7940, 8082, 80883 and 8084, dated June 30, 2000 or to the standard established by the State Highway 4 Bypass Authority.

BE IT FURTHER RESOLVED that the Subdivision Improvement Agreement is hereby approved, subject to the additional condition stated above, that the improvement security accompanying said agreement is hereby accepted, and that the Mayor and City Clerk are hereby authorized to execute said Subdivision Improvement Agreement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of August 2000 by the following vote:

AYES: Councilmembers
NOES: 
ABSENT: 

CITY OF BRENTWOOD
SUBDIVISION IMPROVEMENT AGREEMENT


1. PARTIES. Effective on , the City of Brentwood, hereinafter referred to as "City," and Pulte Home Corporation, hereinafter referred to as "Subdivider," mutually agree and promise as follows:

2. IMPROVEMENTS. Subdivider shall construct, install and complete road and street improvements, drainage, sanitary sewer and water systems, street signs, fire hydrants and utilities, fiber optic conduit systems, and all improvements on and off-site as required by the City of Brentwood Municipal Code and conditions of approval, and all improvements required in the improvement plans of this subdivision as reviewed and on file in the City's Engineering Department and as required by the City Engineer.

Subdivider shall complete this work and improvements (hereinafter called "work") within a period of one year from date hereof in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the City Municipal Code, Standards and Specifications and conditions of approval made thereunder; and where there is a conflict between the improvement plans and said Code, Standards, Specifications or Conditions, the stricter requirements shall govern.

3. GUARANTEE. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily; and he shall so guarantee it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.

4. IMPROVEMENT SECURITY. Upon executing this agreement, Subdivider shall, pursuant to Government Code #66499, deposit as security with the City:

A. For Performance and Guarantee: Security in the amount of 
$4,411,149.00 which is the estimated cost of the work. Such security to be in the form of:

X Acceptable corporate surety bond

With this security the Subdivider guarantees his performance of this agreement and of the work for one year after completion and acceptance thereof against any defective workmanship or materials or any unsatisfactory performance. Upon completion and acceptance of all work, Subdivider shall request exoneration of this bond upon providing a Maintenance Bond in an amount not less than 15% of the estimated cost of the improvements.

B. For Payment: Security in the amount of $4,411,149.00, which is the estimated cost of the work. Such security to be in the form of:

X Acceptable corporate surety bond

With this security the Subdivider guarantees payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.

5. WARRANTY. Subdivider warrants that said improvement plans are adequate to accomplish this work as promised in Section 2; and if, at any time before the City's resolution of acceptance for the subdivision, said improvement plans prove to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as promised.

6. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefore, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.

7. INDEMNITY. Subdivider shall hold harmless and indemnify the indemnities from the liabilities as defined in this section:

A. The indemnities benefited and protected by this promise are the City, and its elective and appointive boards, commissions, officers, agents and employees.

B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the City reviewed said improvement plans or accepted the work as completed and including the defense of any suit(s), action(s) or other proceeding(s) concerning these.

C. The actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to the Subdivider, contractor, subcontractor of any officer, agent or employee of one or more of them.

D. Non-conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnity has prepared, supplied, or reviewed any plan(s) or specification(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity.

8. COSTS. Subdivider shall pay when due, all the costs of the work, including testing and inspections thereof, and relocating existing utilities required thereby.

9. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the City Engineer. 

10. NONPERFORMANCE AND COSTS. If Subdivider fails to complete the work within the time specified in this Agreement or extensions granted, City may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges therefore immediately upon demand. If City sues to compel performance of this Agreement or recover the cost of completing the work, Subdivider shall pay all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by City in connection therewith.

11. RECORD MAP. In consideration hereof, City shall allow Subdivider to file and record the Final Map for said Subdivision.

12. SOUNDWALL CONSTRUCTION. Notwithstanding any term provided above, particularly the amount of security, Subdivider shall pay cash or a bond or other surety satisfactory to the State Highway 4 Bypass Authority in an amount determined by the State Highway 4 Bypass Authority, but said cash, bond, or surety shall not exceed $350,000, for the construction and design of a soundwall to the standards as required by the Charles M. Salter Associates Inc., Noise Impact Report for Subdivision 7940, 8082, 80883 and 8084, dated June 30, 2000 or to the standard established by the State Highway 4 Bypass Authority. 

THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:

CITY OF BRENTWOOD 
Quintin L. Kidd, Mayor

Attest: 
Karen Diaz, CMC, City Clerk

APPROVED AS TO FORM
Dennis Beougher, City Attorney

OWNER:
Pulte Home Corporation
(Note: This document is to be acknowledged with signatures as they appear on the deed of title. If the owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code Section 313)

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