HomeMy WebLinkAbout07 - CC-6 - Release of Bonds in Connection with Encr - 9/1/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 1, 2015 ITEM NUMBER: CC -6
SUBJECT: RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS14-
00082 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION FOR
TRACT 17519 LOCATED AT 2157 AND 2159 TUSTIN AVENUE, COSTA MESA,
CALIFORNIA.
DATE: AUGUST 20, 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
Release the Performance and Labor and Material Bonds (Certificate No. 784497S) in the amounts
of $15,000.00 each for street improvements and (Certificate No.784907S) for setting corner
monuments in the amount of $500.00 to White-Warmington Tustin Avenue Associates, L.P.
(Developer), 3090 Pullman Street, Costa Mesa, California 92626.
BACKGROUND
On April 8, 2013, the City Council approved Final Map Tract No.17519 for the subdivision of
fourteen (14) lots for common interest development under the small lot subdivision. The
Engineering Division required the setting of durable monuments at corners of exterior and interior
lots. The Performance Bond in the amount of $500.00 was received and accepted by the Public
Services Department as a guarantee for the setting of the monuments. Also, the Engineering
Division issued Encroachment Permit No. PS14-00082 to Matt White Custom Homes Inc.
(Contractor), for the construction of street improvements within Tustin Avenue. The
Encroachment Permit allowed for the construction of curb and gutter, sidewalk, drive approach,
curb drains and utility connections. The Performance and Labor and Material Bonds in the
amounts of $15,000.00 each were received and accepted by the Public Services Department as
a guarantee for the construction of the improvements.
ANALYSIS
All conditions of the 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 Performance and Labor and Material
Bonds. Costa Mesa Municipal Code Section 15-32 states, "The condition of said bond 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 bonds 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,
and all of the monuments have been set by the Engineer. Therefore, staff recommends that the
Performance and Labor and Material Bonds in the amounts of $15,000.00 each, and the bond for
setting corner monuments in the amount of $500.00 be released to White-Warmington Tustin
Avenue Associates, L.P.
ERNESTO MUNOZ
Public Services Director
DISTRIBUTION
CEO
Assistant CEO
City Attorney
Staff
FARIBA FAZELI
City Engineer
2