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HomeMy WebLinkAbout- CC-10 - Refund of Cash Deposit PS12-00190 - 10/16/2012CIPTY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 16, 2012 ITEM NUMBER: SUBJECT: REFUND OF.CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS12-00190 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION AT 1928 SANTA ANA AVENUE, COSTA MESA, CALIFORNIA DATE: OCTOBER 4, 2012 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT- FARIBA FAZELI, INTERIM CITY ENGINEER, (714) 754-5335 RECOMMENDED ACTION: Refund cash deposit in connection with Encroachment Permit No. PS12-00190 in the amount of $8,483.65 to SCEL Properties LLC, 620 Newport Center Drive, 12'h Floor, Newport Beach, California 92660. BACKGROUND: The Engineering Division issued Encroachment Permit No. PS12-00190 to Associated Developers Concrete Inc., (Contractor) for the construction of street improvements within Santa Ana Avenue and Costa Mesa Street. The Encroachment Permit allowed the reconstruction of sidewalk, curb and gutter and curb drains. The cash deposit in the amount of $7,283.65 was received and accepted by the Public Services Department as a guarantee for the construction of street improvements. Also, the Engineering Division required the setting of durable monuments. The cash deposit in the amount of $1,200 was received and accepted by the Public Services Department as a guarantee for the setting of the monuments. 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 $8,483.65 be released and refunded to SCEL Properties LLC. FAMBA FAZELI Interim City Engineer DISTRIBUTION 6HUE tz: Director Chief Executive Officer City Attorney City Clerk Staff ERNESY,7UNOZ e jc� Public e ices Director 0