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HomeMy WebLinkAbout- - Refund of Cash Deposit PS11-00511 - 6/19/2012CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 19, 2012 ITEM NUMBER: SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS11-00511 FOR STREET IMPROVEMENTS AT 942 SUNSET DRIVE, COSTA MESA, CALIFORNIA DATE: JUNE 7, 2012 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, INTERIM CITY ENGINEER, (714) 754-5335 RECOMMENDED ACTION: Refund cash deposit in connection with Encroachment Permit No. PS11-00511 in the amount of $11,843 to Dannielle Schmidt, 201 North Star Lane, Newport Beach, California 92660. BACKGROUND: The Engineering Division issued Encroachment Permit No. PS11-00511 to A Tolarce Construction (Contractor) for the construction of street improvements within Sunset Drive. The Encroachment Permit allowed the construction of two drive approaches, curb and gutter, and sidewalk. The cash deposit in the amount of $11,843 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 $11,843 be released and refunded to Dannielle Schmidt. FARIBA FAZELI Interim City Engineer COLLEEN O'DONOGHUE Assistant Finance Director DISTRIBUTION Chief Executive Officer City Attorney Interim City Clerk Staff ERNESTO MUNOZ Public Services Director E