HomeMy WebLinkAbout06 - CC-8 - Refund of Cash Deposit in Connection w/ - 3/17/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 17, 2015
ITEM NUMBER: CC -8
SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS13-00230 FOR PARKWAY IMPROVEMENTS AT 421 BERNARD STREET, COSTA
MESA, CALIFORNIA
DATE: MARCH 5, 2015
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER
(714)754-5335
RECOMMENDED ACTION:
Refund cash deposit in connection with Encroachment Permit No. PS13-00230 in the amount of
$88,185.25 to Behringer Harvard Pacifica, 5510 Morehouse Dr. Suite 200, San Diego, CA 92121.
BACKGROUND:
The Engineering Division issued Encroachment Permit No. PS13-00230 to Mike Kilbride
(Contractor) for parkway and alley improvements at 421 Bernard Street. The Encroachment
Permit allowed for the reconstruction of the alley, drive approaches, curb & gutter, sidewalk and
utilities installation. The cash deposit in the amount of $88,185.25 was received and accepted by
the Public Services Department as a guarantee for the construction of parkway improvements.
ANALYSIS:
All Conditions of Approval for the project and Encroachment Permit have been met, and the work
has been completed and accepted by the Public Services Department.
ALTERNATIVES CONSIDERED:
The alternative to this Council action would be to retain the cash deposit. The Costa Mesa
Municipal Code Section 15-32(b) states, "The condition of said bond (or cash deposit) shall be
that the applicant will perform the work authorized by any permit issued pursuant to this chapter
in a good and workmanlike manner and to the satisfaction of the City Engineer." These conditions
have been met; therefore, retention of the cash deposit would be in violation of the Municipal
Code.
FISCAL REVIEW:
There is no fiscal impact to the City relative to this item.
LEGAL REVIEW:
There is no legal review required relative to this item.
CONCLUSION:
All of the required conditions of the Encroachment Permit have been completed by the contractor.
Therefore, staff recommends that the cash deposit in the amount of $88,185.25 be released and
refunded to Behringer Harvard Pacifica (Developer).
ERNESTO MUNOZ
Public Services Director
DISTRIBUTION
Chief Executive Officer
Assistant CEO
City Attorney
City Clerk
Staff
FARIBA FAZELI
City Engineer
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