HomeMy WebLinkAbout08 - CC-8 - Release Bonds in Connection with Encroac - 11/7/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 7, 2017
ITEM NUMBER: CC -8
SUBJECT: RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS16-00722 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION
FOR TRACT 17998 LOCATED AT 133-139 EAST 21ST 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
Release the Performance and Labor and Material Bonds (Certificate No. 705070S) in the amounts
of $494,853.00 each for street improvements and (Certificate No. 705071S) for setting corner
monuments in the amount of $2,000.00 to White-Warmington 21St Street Associates, L.P., a
California Limited Partnership (Developer), 3090 Pullman Street, Costa Mesa, CA 92626.
BACKGROUND
On February 22, 2016, the City Planning Commission approved Planning Application PA -15-57
and Tentative Tract Map 17998 to construct 8 two-story single family residential units on a 31,526
sq. ft. lot at 133 and 139 East 21St Street. The Engineering Division required the setting of durable
survey monuments at the corners of the lot. The Performance Bond in the amount of $2,000.00
was received and accepted by the Public Services Department as a guarantee for the setting of
the survey monuments. Also, the Engineering Division issued Encroachment Permit No. PS16-
00722 for the construction of street improvements within 21St Street. The Encroachment Permit
allowed for the construction of curb and gutter, sidewalk, drive approach, utility connections,
undergrounding overhead power lines and street resurfacing. The Performance and Labor and
Materials Bonds in the amounts of $494,853.00 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
work or repairs within public right-of-way 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 survey monuments have been set. Therefore, staff recommends that the
Performance and Labor and Material Bonds in the amounts of $494,853.00 each, and the bond
for setting corner monuments in the amount of $2,000.00 be released to White-Warmington 21St
Street Associates, LP.
RAJA SETHURAMAN
Public Services Director
DISTRIBUTION
City Manager
Assistant City Manager
City Attorney
Staff
BALTAZAR M EJ IA
City Engineer
VA