HomeMy WebLinkAbout06 - CC-8 - Refund of Cash Deposit in Connection w/ - 1/6/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 6, 2015
ITEM NUMBER: CC -8
SUBJECT: REFUND OF CASH DEPOSIT IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS13-00245 FOR PARKWAY IMPROVEMENTS AT 1036 AND 1042 W. 18TH STREET,
COSTA MESA, CALIFORNIA
DATE: DECEMBER 18, 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. PS13-00245 in the amount of
$41,135 to MBK Southern California LTD, 4 Plaza Drive, Irvine, CA 92614.
BACKGROUND:
The Engineering Division issued Encroachment Permit No. PS13-00245 to Kana Pipeline Inc
(Contractor) for the construction of street improvements within W.18'h Street. The Encroachment
Permit allowed the construction of (2) drive approaches, sidewalk, curb & gutter and storm drain
connections. The cash deposit in the amount of $41,135 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 $41,135 be
released and refunded to MBK Southern California, LTD (Developer).
FARIBA FAZELI
City Engineer
STEPHEN DUNIVENT
Interim Finance Director
DISTRIBUTION: Chief Executive Officer
Assistant CEO
City Attorney
Director of Economic &
Dev./Deputy CEO
City Clerk
ERNESTO MUNOZ
Public Services Director
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