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HomeMy WebLinkAbout07 - CC-9 - Refund Cash Deposit PS08-00056 - 6/7/2011CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 7, 2011 ITEM NUMBER: SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS08-00056 FOR STREET IMPROVEMENTS AT 285 E. 16th STREET, COSTA MESA, CALIFORNIA DATE: MAY 26, 2011 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. PS08-00056 in the amount of $8,246 to Rincon Real Estate Group, Inc, 614 Club House Drive, Newport Beach, CA 92663. BACKGROUND: On March 1, 2011, the Engineering Division issued Encroachment Permit No. PS08-00056 to Jim Cefalia (contractor) for the construction of street improvements within East 16th Street. The Encroachment Permit allowed the construction of a drive approach, curb and gutter, sidewalk, and curb drains. The cash deposit in the amount of $8,246 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 $8,246 be released and refunded to Rincon Real Estate Group, Inc. ERNESTO MUIVOZ City Engineer COLLEEN O'DONOGHUE Assistant Finance Director DISTRIBUTION: Chief Executive Officer City Attorney Development Services Director City Clerk Staff PETER NAGHAVI, DIRECTOR Public Services Department E