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HomeMy WebLinkAbout09 - CC-9 - Release of Bonds in Connection with Encr - 9/5/2017CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 5, 2017 ITEM NUMBER: CC -9 SUBJECT: RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS14-00453 AND PS15-00967 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION FOR TRACT 17658 LOCATED AT 2023, 2025 AND 2027 PLACENTIA AVENUE, 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 Release the Performance and Labor and Material Bonds (Certificate No. 0671230) in the amounts of $61,850.00 each for street improvements and (Certificate No. 0671229) for setting corner monuments in the amount of $1,600.00 to City Ventures Homebuilding, LLC (Developer), 3121 Michelson Drive, Suite 150, Irvine, CA 92612. BACKGROUND On February 10, 2014, the City Planning Commission approved Planning Application PA -13-21 and Tentative Tract Map 17658 to construct 30 three-story live/work units and six two-story residential units on a 1.88 -acre property at 2023, 2025 and 2027 Placentia Avenue. On March 4, 2014, the City Council upheld and approved the Planning Commission's decision to approve the proposed project. The Engineering Division required the setting of durable monuments at corners of lot. The Performance Bond in the amount of $1,600.00 was received and accepted by the Public Services Department as a guarantee for the setting of the monuments. Also, the Engineering Division issued Encroachment Permits No. PS14-00453 and PS15-00967 for the construction of street improvements within Placentia Avenue. The Encroachment Permit allowed for the construction of curb and gutter, sidewalk, drive approaches, storm drain connection, utility connections and street resurfacing. The Performance and Labor and Materials Bonds in the amounts of $61,850.00 each were received and accepted by the Public Services Department as a guarantee for the construction of the improvements. ANALYSIS Section 15-32(c) of the City of Costa Mesa Municipal Code requires any applicant performing any work or repairs within any street to deposit with the City Engineer an amount estimated to be equal to twice the actual cost of all necessary engineering and inspection costs. The payment of said deposit was secured through a surety bond posted by the Developer. 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 $61,850.00 each, and the bond for setting corner monuments in the amount of $1,600.00 be released to City Ventures Homebuilding, LLC. RAJA SETHURAMAN Public Services Director DISTRIBUTION City Manager Assistant City Manager City Attorney Staff BALTAZAR M EJ IA City Engineer VA