HomeMy WebLinkAbout05 - CC-6 - Release of Bonds PS06-00630 & PS09-00238 - 9/4/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 4, 2012 ITEM NUMBER:
SUBJECT: RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMITS NO. PS06-
00630 AND PS09-00238 FOR STREET IMPROVEMENTS FOR TRACT 16917
LOCATED AT 1011 TO 1045 EL CAMINO DRIVE, COSTA MESA, CALIFORNIA
DATE: AUGUST 23, 2012
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
BY:
FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, INTERIM CITY ENGINEER
(714)754-5335
RECOMMENDATION:
Release the Performance and Labor and Material Bonds (Certificate No. 661119371) in the
amounts of $489,672 each for street improvements to Oxbow 101, LLC (Developer), 3 San
Joaquin Plaza, Suite 100, Newport Beach, California 92660.
BACKGROUND:
On February 3, 2009, the City Council approved the amendment of Final Tract Map No.
16917 for the subdivision of twenty-four (24) residential lots and one (1) lettered lot for a
common interest residential development. The Engineering Division issued
Encroachment Permits No. PS06-00630 and PS09-00238 to Rielly Homes, LP
(Contractor), for the construction of street improvements within EI Camino Drive,
Coronado Drive, and Mendoza Drive. The Encroachment Permits allowed the
construction of sidewalk, curb and gutter, drive approaches, catch basin, street lights,
and undergrounding of utilities. The Performance and Labor and Material Bonds in the
amounts of $489,672 each were received and accepted by the Public Services
Department as a guarantee for the construction of the improvements.
ANALYSIS:
All conditions of the Encroachment Permits 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 Performance and Labor and
Material Bonds. Costa Mesa Municipal Code Section 15-32 states, "The condition of said
bond 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
1
City Engineer." These conditions have been met; therefore, retention of the bonds 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 Permits have been completed by the
contractor. Therefore, staff recommends that the Performance and Labor and Material
Bonds in the amounts of $489,672 each be released to Oxbow 101, LLC.
FARIBA FAZELI
Interim City Engineer
ERNESTO MUNOZ
Public Services Director
DISTRIBUTION: Chief Executive Officer
Assistant CEO
Deputy CEO/Director of Economic and Development
City Attorney
City Clerk Division
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