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HomeMy WebLinkAbout07 - CC-5 - Refund of Cash Deposit in Connection w/ - 9/20/2016CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 20, 2016 ITEM NUMBER: CC -5 SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS15-00689 FOR PARKWAY IMPROVEMENTS AT 1726 SUPERIOR AVENUE, COSTA MESA, CALIFORNIA DATE: SEPTEMBER 8, 2016 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: JAMES G. ROSS, INTERIM PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BALTAZAR MEJIA, CITY ENGINEER, (714)754-5291 RECOMMENDED ACTION: Refund cash deposit in connection with Encroachment Permit No. PS15-00689 in the amount of $56,336.52 to Walgreens Family of Companies, 106 Wilmot Rd, Deerfield, IL 60015. BACKGROUND: The Engineering Division issued Encroachment Permit No. PS15-00689 to Bergman KPRS (Contractor) for parkway improvements at 1726 Superior Avenue. The Encroachment Permit allowed for the construction of drive approaches, curb & gutter, sidewalk, utilities installation and repaving of the street. The cash deposit in the amount of $56,336.52 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 $56,336.52 be released and refunded to Walgreens Family of Companies (Developer). JAMES G. ROSS BALTAZAR MEJIA Interim Public Services Director City Engineer COLLEEN O'DONOGHUE Assistant Finance Director 2