HomeMy WebLinkAbout12 - CC-12 - Refund of Cash Deposit in Connection w/ - 9/5/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 5, 2017
ITEM NUMBER: CC -12
SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS17-00285 FOR PARKWAY IMPROVEMENTS AT 2136 THURIN STREET, COSTA
MESA, CALIFORNIA
DATE: AUGUST 24, 2017
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: RAJA SETHURAMAN, 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. PS17-00285 in the amount of
$18,278.92 to James John Cefalia, 1224 W Oceanfront, Newport Beach, CA 92661.
BACKGROUND:
On January 12, 2015, the City Planning Commission approved Planning Application PA -14-44 to
construct two duplexes for a total of four units on a 16,890 -square foot parcel. On October 12,
2015, the City Planning Commission approved Tentative Parcel Map PM 2015-114 to convert the
two duplexes to four two-story condominium units. The Engineering Division issued
Encroachment Permit No. PS17-00285 for the construction of street improvements within Thurin
Street. The Encroachment Permit allowed for the reconstruction of two (2) drive approaches, curb
& gutter, sidewalk and installation of utilities. The cash deposit in the amount of $18,278.92 was
received and accepted by the Public Services Department as a guarantee for the construction of
parkway improvements.
ANALYSIS:
Section 15-32(a) of the City of Costa Mesa Municipal Code requires applicants performing work
or repairs within any street, to deposit with the City Engineer, an amount estimated to be the
actual cost of all necessary engineering and inspection expenses. All conditions of this
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 $18,278.92 be released and
refunded to James John Cefalia (Developer).
RAJA SETHURAMAN
Public Services Director
COLLEEN O'DONOGHUE
Assistant Finance Director
DISTRIBUTION
City Manager
City Attorney
City Clerk
Staff
BALTAZAR MEJIA
City Engineer
VA