HomeMy WebLinkAbout- - Refund of Cash Deposit PS09-00282 St Imp - 7/6/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 6, 2010
ITEM NUMBER:
SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS09-00282 FOR STREET IMPROVEMENTS AT 918 SUNSET DRIVE, COSTA MESA,
CALIFORNIA
DATE: JUNE 24, 2010
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: PETER NAGHAVI, DIRECTOR, PUBLIC SERVICES DEPARTMENT
FOR FURTHER INFORMATION CONTACT: ERNESTO MUROZ, CITY ENGINEER, (714) 754-5335
RECOMMENDED ACTION:
Refund cash deposit in connection with Encroachment Permit No. PS09-00282 in the amount of
$9,240 to Michael Howarth, 514 Via Lido Nord, Newport Beach, California 92663.
BACKGROUND:
On July 2, 2009, the Engineering Division issued Encroachment Permit No. PS09-00282 to
Mike Kilbride, Ltd (contractor) for the construction of street improvements within Sunset Drive.
The Encroachment Permit allowed the reconstruction of one drive approach, curb and gutter,
construction of a curb drain, and the installation of a new water lateral. The cash deposit in the
amount of $9,240 was received and accepted by the Public Services Department as a
guarantee for the construction of street improvements.
ANALYSIS:
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 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 $9,240 be
released and refunded to Michael Howarth.
ERNESTO MUROZ PETER NAGHAVI, DIRECTOR
City Engineer Public Services Department
COLLEEN O'DONOGHUE
Assistant Finance Director
DISTRIBUTION
City Manager
City Attorney
City Clerk
Staff
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