HomeMy WebLinkAbout03 - CC-5 - Refund Cash Deposit No. PS10-00606 - 8/2/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: AUGUST 2, 2011
ITEM NUMBER:
SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS10-00606 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION AT
2568 ORANGE AVENUE, COSTA MESA, CALIFORNIA
DATE: JULY 21, 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. PS10-00606 and setting
corner monuments in the amount of $7,049 to Kerry Smith A Living Trust, 120 Monte Vista,
Costa Mesa, CA 92627.
BACKGROUND:
On August 9, 2010, the Planning Commission approved PM -10-117 and PA -10-13 for the
subdivision and construction of a two -unit, common interest development for condominium
purposes. The Engineering Division issued Encroachment Permit No. PS10-00606 to Kerry
Smith (Developer) for the construction of street improvements within Orange Avenue. The
Encroachment Permit allowed the construction of a drive approach, curb and gutter, sidewalk,
and curb drains. The cash deposit in the amount of $6,049 was received and accepted by the
Public Services Department as a guarantee for the construction of street improvements. The
Engineering Division required the setting of durable monuments. The cash deposit in the
amount of $1,000 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
Developer, and all of the monuments have been set by the Engineer. Therefore, staff
recommends that the cash deposit in the amount of $7,049 be released and refunded to Kerry
Smith A Living Trust.
ERNESTO MUNOZ
City Engineer
LARRY HURST
Interim Finance Director
DISTRIBUTION: Executive Chief Officer
Acting Dev Svcs Director
City Attorney
City Clerk
Staff
PETER NAGHAVI, DIRECTOR
Public Services Department
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