HomeMy WebLinkAbout07 - CC-9 - Refund Cash Deposit PS11-00297 - 1/3/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 3, 2012
ITEM NUMBER:
SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS11-00297 FOR STREET IMPROVEMENTS AT 3095 HARBOR 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. PS11-00297 in the amount of
$10,105 to Eleven Western Builders Inc, 2862 Executive Place, Escondido, 92029.
BACKGROUND:
On June 14, 2010, the Planning Commission approved ZA-10-17 for the construction of a new
Sonic Burger. The Engineering Division issued Encroachment Permit No. PS11-00297 to
Eleven Western Builders (Contractor) for the construction of street improvements within Harbor
Boulevard and Nutmeg Place. The Encroachment Permit allowed the construction of a drive
approach, curb and gutter, sidewalk, and curb drains. The cash deposit in the amount of
$10,105 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 $10,105 be
released and refunded to Eleven Western Builders Inc.
FARIBA FAZELI
Interim City Engineer
ERNESTO MUNOZ, Interim Director
Public Services Department
BOBBY YOUNG
Finance & I.T. Director
Chief Executive Officer
City Attorney
City Clerk
Staff
E