HomeMy WebLinkAbout01 - CC-5 - Release of Bonds No. PS06-00154 - 3/1/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 1, 2011 ITEM NUMBER:
SUBJECT: RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS06-00154 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION
FOR TRACT 16926 LOCATED AT 2287-2295 PACIFIC AVENUE, COSTA MESA,
CALIFORNIA.
DATE: FEBRUARY 17, 2011
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: PETER NAGHAVI, DIRECTOR, PUBLIC SERVICES DEPARTMENT
FOR FURTHER INFORMATION CONTACT: ERNESTO MUNOZ, CITY ENGINEER, 714-754-5335
RECOMMENDED ACTION
Release the Performance and Labor and Material Bonds (Certificate No. 661119748) in the
amounts of $89,683 each for street improvements, and (Certificate No.661119749) for setting
corner monuments in the amount of $1,000 to 2295 Pacific, LLC (Developer), 190 Newport
Center Drive, Suite 220, Newport Beach, California 92660.
BACKGROUND
On July 17, 2007, the City Council approved Final Map Tract No. 16926 for the subdivision of ten
(10) residential lots and one (1) lettered lot for a common interest residential development. The
Engineering Division required the setting of durable monuments at corners of exterior and
interior lots. The Performance Bond in the amount of $1,000 was received and accepted by the
Public Services Department as a guarantee for the setting of the monuments. Also, the
Engineering Division issued Encroachment Permit No. PS06-00154 to Beta Construction
(Contractor), for the construction of street improvements within Pacific Avenue. The
Encroachment Permit allowed the construction of sidewalk, curb and gutter and two (2) drive
approaches. The Performance and Labor and Materials Bonds in the amounts of $89,683 each
were received and accepted by the Public Services Department as a guarantee for the
construction of the improvements.
I_A►►V_A►W`J&
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 monuments have been set by the Engineer. Therefore, staff
recommends that the Performance and Labor and Material Bonds in the amounts of $89,683
each, and the bond for setting corner monuments in the amount of $1,000 be released to 2295
Pacific, LLC.
ERNESTO MUNOZ
City Engineer
DISTRIBUTION
City Manager
City Attorney
City Clerk
Staff
PETER NAGHAVI, DIRECTOR
Public Services Department
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