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HomeMy WebLinkAbout06 - CC-8 - Refund Cash Deposit PS10-00548 - 1/3/2012CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 3, 2012 ITEM NUMBER: SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS10-00548 FOR STREET IMPROVEMENTS ALONG BRISTOL STREET AND ANTON BOULEVARD, COSTA MESA, CALIFORNIA DATE: DECEMBER 15, 2011 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: ERNESTO MUNOZ, INTERIM DIRECTOR, PUBLIC SERVICES DEPARTMENT FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, INTERIM CITY ENGINEER, (714) 754- 5335 RECOMMENDED ACTION: Refund cash deposit in connection with Encroachment Permit No. PS10-00548 in the amount of $10,000 to FJS Cable Engineering Inc, 14340 Bolsa Chica Road, Suite G, Westminster, California 92683. BACKGROUND: On October 22, 2010, the Engineering Division issued Encroachment Permit No. PS 10-00548 to FJS Cable Engineering (Applicant) on behalf of Team Fishel (Contractor) for the installation of conduits, manholes, handholes, and a vault within the public right-of-way for Abovenet Inc. The Encroachment Permit allowed the reconstruction of sidewalk, and repair of all trenches per City standards. The cash deposit in the amount of $10,000 was received and accepted by the Public Services Department as a guarantee for the construction of street improvements. 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 $10,000 be released and refunded to FJS Cable Engineering Inc. FARIBA FAZELI Interim City Engineer BOBBY YOUNG Finance & I.T. Director DISTRIBUTION: Chief Executive Officer City Attorney City Clerk Staff ERNESTO MUNOZ, Interim Director Public Services Department RAI