HomeMy WebLinkAbout07 - CC-7 - Refund Cash Deposit in Connection with - 11/7/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 7, 2017
ITEM NUMBER: CC -7
SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS16-00268 FOR PARKWAY IMPROVEMENTS AT 1944 CHURCH STREET, COSTA
MESA, CALIFORNIA
DATE: OCTOBER 26, 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. PS16-00268 in the amount of
$33,898.25 to OC Infill Partners, 2201 SW Birch Street, Newport Beach, CA 92660.
BACKGROUND
The Engineering Division issued Encroachment Permit No. PS16-00268 to Mike Kilbride Ltd
(Contractor) for parkway improvements at 1944 Church Street. The Encroachment Permit allowed
for the reconstruction of two (2) drive approaches, curb & gutter, sidewalk and the installation of
utility connections. The cash deposit in the amount of $33,898.25 was received and accepted by
the Public Services Department as a guarantee for the construction of parkway improvements
and utility connections.
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 $33,898.25 be released and
refunded to OC Infill Partners (Developer).
RAJA SETHURAMAN
Public Services Director
COLLEEN O'DONOGHUE
Assistant Finance Director
DISTRIBUTION
City Manager
Asst. City Manager
City Attorney
City Clerk
Staff
BALTAZAR MEJIA
City Engineer
2