HomeMy WebLinkAbout06 - CC-6 - Refund of Cash Deposit in Connection w/ - 1/21/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 21, 2014
ITEM NUMBER:
SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS12-00415 FOR STREET IMPROVEMENTS AT 449 HAMILTON ST, COSTA MESA,
CALIFORNIA
DATE: JANUARY 9, 2014
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER,
(714) 754-5335
RECOMMENDED ACTION:
Refund cash deposit in connection with Encroachment Permit No. PS12-00415, in the amount
of $18,925.00 to Do Construction And Design Inc., (Contractor), 10495 Bolsa Avenue
Westminster, California 92683.
BACKGROUND:
The Engineering Division issued Encroachment Permit No. PS12-00415 to the
Contractor for the construction of street improvements within Hamilton Street. The
Encroachment Permit allowed the construction of a drive approach, sidewalk, curb and gutter
and (3) trenches for utility connections. The cash deposit in the amount of $18,925.00 was
received and accepted by the Public Services Department as a guarantee for the construction of
the 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 $18,925.00 be
released and refunded to Kim Nguyen (Developer).
FARIBA FAZELI
City Engineer
STEPHEN DUNIVENT
Interim Finance Director
DISTRIBUTION: Chief Executive Officer
Assistant CEO
Finance Director
City Attorney
City Clerk
ERNESTO MUNOZ
Public Services Director
E