HomeMy WebLinkAbout07 - CC-7 - 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.
PS13-00123 FOR STREET IMPROVEMENTS AT 2269 SANTA ANA AVENUE, 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. PS13-00123 in the amount of
$17,824.80 to Dennis Gimian, 3 Rana, Irvine, CA 92612.
BACKGROUND:
The Engineering Division issued Encroachment Permit No. PS13-00123 to Mastercraft Homes,
(Contractor) for street improvements at 2269 Santa Ana Avenue. The Encroachment Permit
allowed the construction of new curb & gutter, two (2) drive approaches, wheelchair ramp,
spandrel and one (1) utility cut. The cash deposit in the amount of $17,824.80 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 $17,824.80 be
released and refunded to Dennis Gimian (Developer).
FARIBA FAZELI
City Engineer
STEPHEN DUNIVENT
Interim Finance Director
DISTRIBUTION: Chief Executive Officer
Assistant CEO
City Attorney
City Clerk
Staff
ERNESTO MUNOZ
Public Services Director
E