JULY 19, 2005 STATUS REPORT REGARDING CONSTRUCTION ISSUES AT 2 YACHT HARBOR DRIVE JULY 19, 2005 STATUS REPORT REGARDING CONSTRUCTION ISSUES AT 2 YACHT HARBOR DRIVE

TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: DIRECTOR OF PLANNING, BUILDING & CODE ENFORCEMENT

DATE: JULY 19, 2005

SUBJECT: STATUS REPORT REGARDING CONSTRUCTION ISSUES AT 2 YACHT HARBOR DRIVE

RECOMMENDATION

Receive and file the report on the status of construction issues at 2 Yacht Harbor Drive.

BACKGROUND

At the July 5, 2005 City Council meeting Staff provided a status report to the City Council regarding several items related to the construction project at 2 Yacht Harbor. Specifically, a report was given regarding the status of the "large scale" stonecutting, the storage of materials on the "rock mesa", the construction schedule for the residence and the re-grading of the "rock mesa". After hearing the status report from Staff and public testimony from some Seaview residents, the Council expressed a concern that the "large scale" stone cutting operation did not end in June as estimated by the project applicant. Since Staff reported to the Council on July 5th that the contractor estimated that the "large scale" stonecutting operation would definitely be removed within two weeks, the City Council directed Staff to report back at tonight’s meeting as to the status of the "large scale" stonecutting operation. The Council also directed Staff and the City Attorney to identify any legal options available to the City to stop the "large scale" stonecutting if it has not ended within the two-week time frame noted by the project contractor.

Staff is now presenting its follow-up report on the status of the "large scale" stonecutting operation to the City Council.

DISCUSSION

Immediately following the last City Council meeting, Mr. Eric Johnson informed Staff that the "large scale" stonecutting operation was complete and that the saws were being dismantled. Staff visited the project site on Monday, June 11th to assess the situation first hand. At the site visit, Staff was able to verify that the "large scale" stonecutting activities had ended and that the stone cutting operation that was set up in the garage had been dismantled. As described in the attached letter submitted by Mr. Johnson on July 11, 2005, the only remaining stone cutting activity is associated with the application of the cut stone veneer to the residence walls. This cutting activity, which involves the use of 2 or 3 saws immediately adjacent to the area where the veneer is being applied, has not been the subject of the residents’ concerns and has been not been stopped or regulated by the City in the past.

Mr. Johnson has stated that all the stone needed to complete the stone veneer work has been cut. During the site visit, Staff noted that there were a number of pallets loaded with cut stone that appeared to be enough to cover the walls that were remaining to be covered.

As noted in the approved architectural plans, not all of the exterior walls will be covered by stone veneer. Mr. Johnson states that the pallets of stone being stored in the "rock mesa" area will not be cut, but used for landscaping and hardscape. Mr. Johnson states that if there is any surplus stone, it will be removed from the site after completion of the project. Actually, if there is any surplus stone, Staff will require that it be removed from the site prior to the issuance of the finaled building permit.

CONCLUSION

Since the "large scale" stonecutting has ended and the operation dismantled, there is no need for the City to pursue legal options for halting the "large scale" stonecutting. Therefore, based upon the foregoing discussion, Staff recommends that the City Council receive and file this report.

ADDITIONAL INFORMATION

City Council Site Visits

At the July 5, 2005 meeting, some Council members expressed a desire to visit the site. The property owner and Staff are available to accompany any Council members who wish to take individual tours of the construction project.

Correspondence

Attached are several emails that have been received by the City related to the construction project.

FISCAL IMPACT

There is no fiscal impact to the City as a result of reviewing this status report.

Respectfully submitted:

Joel Rojas, aicp

Director of Planning, Building

and Code Enforcement

Reviewed by:

Les Evans

City Manager

Attachment

Letter from Eric Johnson dated July 11, 2005

Correspondence received from the public