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HomeMy WebLinkAbout06 - CC-7 - Refund of Cash Deposit in Connection wit - 11/1/2016CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 1, 2016 ITEM NUMBER: CC -7 SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS15-00860 FOR STREET IMPROVEMENTS AT 334 E. 16TH ST., COSTA MESA, CALIFORNIA DATE: OCTOBER 20, 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)754-5335 RECOMMENDED ACTION: Refund cash deposit in connection with Encroachment Permit No. PS15-00860 in the amount of $18,550.82 to 334 Costa Mesa Partners, LLC, 20201 SW Birch Street, Newport Beach, CA 92660. BACKGROUND: The Engineering Division issued Encroachment Permit No. PS15-00860 to Mike Kilbride, LTD (Contractor) for parkway and street improvements at 334 E. 16th Street. The Encroachment Permit allowed for the construction of two drive approaches, curb & gutter, sidewalk, utility connections and resurfacing of the street. The cash deposit in the amount of $18,550.82 was received and accepted by the Public Services Department as a guarantee for the construction of parkway and street 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 $18,550.82 be released and refunded to 334 Costa Mesa Partners, LLC (Developer). JAMES G. ROSS BALTAZAR MEJIA Interim Public Services Director City Engineer STEPHEN DUNIVENT Interim Finance Director