HomeMy WebLinkAbout09 - CC-10 - Refund of Cash Deposit in Connection w/ - 12/17/20191
CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 17, 2019 ITEM NUMBER: CC-10
SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH
ENCROACHMENT PERMIT NO. PS17-00472 FOR STREET
IMPROVEMENTS AT 155 AND 163 FLOWER STREET, COSTA MESA,
CALIFORNIA
DATE: NOVEMBER 19, 2019
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION
CONTACT:
RAJA SETHURAMAN, PUBLIC SERVICES
DIRECTOR (714) 754-5343
RECOMMENDATION:
Staff recommends that the City Council refund a cash deposit in connection with
Encroachment Permit No. PS17-00472 in the amount of $34,380.00 for street
improvements to Shu Kaneko, 2372 Morse Avenue, Suite 416, Irvine, California 92614.
BACKGROUND:
On July 11, 2016, the City of Costa Mesa Planning Commission approved Planning
Applications PA-16-27 and PA-16-28; and Tentative Parcel Maps PM-2016-122 and
2016-123. The Engineering Division issued Encroachment Permit No. PS17-00472 for
the construction of street improvements on Flower Street and Fullerton Avenue in
connection with the adjacent developments. The Encroachment Permit allowed for the
construction of sewer and water service laterals, drive approaches, sidewalk, curb and
gutter and wheelchair ramp. A cash deposit in the amount of $34,380.00 was received
and accepted by the Public Services Department as a guarantee for the construction of
the improvements and restoring the streets per moratorium conditions.
ANALYSIS:
The Costa Mesa Municipal Code Section 15-32(b),Special deposit of costs or bond
required; computation 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.”
All conditions of the Encroachment Permit have been met and the work has been
completed to the satisfaction of the City Engineer. Staff, therefore requests that the City
Council authorize the release of a cash deposit for the subject project.
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ALTERNATIVES CONSIDERED:
No alternatives have been considered. The Engineering Division has determined that the
conditions of the deposit were satisfied. Therefore, the applicant is entitled to a refund of
the balance of the deposit pursuant to Section 15-48, Deductions from deposits; payment
of balance to permittee of the Costa Mesa Municipal Code.
FISCAL REVIEW:
There is no fiscal impact to the City relative to this item.
LEGAL REVIEW:
The City Attorney’s Office has reviewed and approved this report as to form.
CITY COUNCIL GOALS & PRIORITIES:
This is an administrative action to release a cash deposit in accordance with the Costa
Mesa Municipal Code.
CONCLUSION:
The contractor met all required conditions of the Encroachment Permit for the subject
project. Therefore, staff recommends that the cash deposit for $34,380.00 be released
to Shu Kaneko, 2372 Morse Avenue, Suite 416, Irvine, California 92614.
RAJA SETHURAMAN
Public Services Director
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Finance Director City Attorney