2006-10-31 BOA MinutesBUILDING AND CONSTRUCTION
BOARD OF APPEALS
MINUTES
OCTOBER 31, 2006
I. CALL TO ORDER
A meeting of the Building and Construction Appeals Board was called to order at 2:00 p.m.
in the La Quinta Civic Center Study Session Room. Director Hartung presided and led the
Pledge of Allegiance.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
Jim Hegge
Kevin Leonhard
Dennis Wish
None
STAFF PRESENT: Tom Hartung, Building & Safety Director
Greg Butler, Building & Safety Manager
Tim Jonasson, Public Works Director
Ed Wimmer, Principal Engineer
Paul Goble, Senior Engineer
Kathy Jenson, City Attorney
Diane Aaker, Special Projects Assistant
APPELLANTS PRESENT: Mr. Jack Tarr, General Partner, Washington 111, Ltd..
Bill Sanchez, Construction Manager, Washington 111, Ltd.
Mark A. Taylor, Contech Construction Products, Inc.
Darwin Dizon, P.E., Contech Construction Products, Inc.
Eric Strahan, Contech Construction Products, Inc.
Brett Anderson, Sladden Engineering
Steve Speer, Engineering Consultant
Ms. Becky Martin, Esq.
OTHERS PRESENT: Mr. Craig S. Hill, CE, Earth Systems Southwest
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Director Hartung asked City Attorney Jenson to make a statement. City Attorney
Jenson disclosed that Commissioner Hegge's electric company had received income
from the City within the last twelve months. She stated that the above statement is in
concurrence with the FPPC rules. For the record, she continued to explain that since
the Commission will not have a quorum without Mr. Hegge that it is her opinion that he
can participate in the proceeding under common rule of necessity because the Board
will not be able to proceed without Mr. Hegge.
Director Hartung questioned Mr. Hegge if he approved, and his answer was yes.
II. CONFIRMATION OF AGENDA
Director Hartung stated that staff had no changes. He asked the Board if there were
changes or questions. There were none.
III. PUBLIC COMMENT
Director Hartung asked if there were comments on any item not on the agenda.
There were none.
IV. CONSENT CALENDAR
A. Approval of Minutes - None
B. Department Report - None
V. PUBLIC HEARING - None
VI. BUSINESS ITEMS
A. Election of Chairperson
Director Hartung asked members if anyone wished to volunteer as Chairperson.
On motion of Commissioner Hegge, seconded by Commissioner Leonhard, and
carried unanimously, Commissioner Dennis Wish was elected Chairperson.
Director Hartung invited Chairperson Wish to direct the flow of the meeting. He
further mentioned that the appellant may give a presentation of the product and
what is being requested in the appeal. There was also a comment that City
staff will follow with a presentation. In conclusion, both parties will have a
chance to speak.
City Attorney Jenson stated that the rules are very informal and to keep in mind
the meeting is being recorded and not talk at the same time. She explained
questions were appropriate, and the appellant may submit any kind of
documentation followed by City staff. There was also a discussion regarding
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order of items to be heard. City Attorney Jenson called the Board's attention to
the staff report explaining that the appellant may proceed first. In response City
staff would be next, and then the appellant may submit additional rebuttal
information.
B. Appeal of the Decision of the City Manager concerning La Quinta Staff
discretionary policies regarding the suitability of alternate materials and methods
of installation for an underground retention facility as applied to the Washington
Park development
Director Hartung summarized for the Board that the City Manager has
determined the use of the zinc coated steel is not appropriate for the
application. Mr. Tarr is appealing the decision as well as the length of time that
the system should be designed to hold water.
City Attorney Jenson expressed a concern regarding the seating arrangement,
and asked each to state name before presentation, and to speak loudly to make
sure everyone could be heard on tape.
Following a seating rearrangement, Chairperson Wish restated that he would like
to have a definition of the storm drain system for the lay person, specifically an
open bottom storm drain system.
Mr. Jack Tarr, Appellant, General Partner in Washington 111, Ltd., asked his
representatives to introduce themselves.
Following introductions Mr. Tarr discussed major differences between corrugated
metal pipe (CMP) and corrugated steel pipe (CSP). He discussed and explained
underground retention photos and how soil perks through prescreen and sediment
is drained into the system.
Chairperson Wish asked about motor oil and drippings from cars and how the
system responds.
Mr. Tarr asked to let engineers do what they do best and to design a system to
respond to concerns. There was discussion regarding approval for use of concrete.
Director Jonasson discussed 100 -year life span of the system.
Mr. Tarr noted that service life minimums would be established and asked to allow
for the best collaborative solution to the problem. He also mentioned that he will
pay for maintenance shared by the tenants.
Mr. Hill discussed soil adjustments for the structure, a double rain test, and the use
of peat gravel or rock.
Mr. Tarr mentioned that he is in agreement with City's consultants
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Mr. Tarr continued saying that he assumes liability as property owner and agreed to
one inspection per year and that CC &R's are in place.
Chairperson Wish discussed concerns regarding change of property ownership, and
whether or not there would be disclosure.
There was discussion regarding conversations with the Building Industry
Association (BIA) and Tim Jonasson's 10/19/06 letter to Fred Bell, Executive
Director, and that the City's draft bulletin has been revised to specify a 72 -hour
percolation requirement. The 72 -hour standard is also the maximum allowable
within adjacent jurisdictions. Mr. Tarr was in agreement with the 72 -hour
percolation requirement.
On motion of Commissioner Leonhard, seconded by Commissioner Hegge, and
carried unanimously, the 72 -hour percolation was approved.
Steve Speer gave a presentation discussing geometric and material approval and
outlined the following request:
• Concept approval sought from onset;
• Documentation submitted to: Demonstrate validity of proposed use, and
widely used by all major public works authorities in U.S.;
• Intent was to defer design details to design stage: Design by qualified
professionals, and reviewed by qualified professionals.
Mr. Speer showed slides of underground retention chambers used at Wal -Mart in
Laurel, Maryland and Los Oso, California. He continued by showing slides depicting
critical corrosion locations and how to mitigate corrosion by design. He included
slides of the Parsons Brinkerhoff Study in the Washington D.C. area which was
used in one of the harsher water -side corrosion areas in the U.S. Slides were also
shown from the National Atmospheric Deposition Program of the 2005 U.S. maps
depicting inorganic nitrogen and other chemical compositions demonstrating 7.5 pH
and minimum resistivity (see Attachment 3).
Brett Anderson, Sladden Engineering, also commented on the 7.5 analytical report.
Mr. Speer concluded by stating a desire to build a successful structure using Mr.
Craig Hill's letter, dated October 29, 2006 (see Attachment 5), along with other
documentation.
Mark Taylor, Contech Construction Products, discussed engineering design and
support of the system. He also distributed calculations regarding, "Structural Design
Check for Structural Plate Pipe," outlining description, safety factors, loads, etc.,
including Vehicle Live Load chart (handout attached). He also spoke about Service
Life Charts exceeding the Cal -Trans guidelines.
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Following the above presentation, Chairperson Wish questioned soil resistance and
noted that variables could be adjusted by design. Mr. Speer agreed that all can be
mitigated and designed appropriately.
There was a break at 3:10 p.m.
The meeting reconvened at 3:20 p.m.
Director Hartung discussed Mr. Craig Hill's letter, Attachment #5.
Mr. Hill reviewed his report and noted that it was a theoretical approach. He spoke
of the design, installation, and maintenance of the system. His recommendation
was that the soil be sloped.
Director Jonasson discussed the objective design process and spoke of the
systems life span. It was also mentioned that space restrictions are forcing the
system underground. He also reported that the developer's proposal is not an
approved equal.
Senior Engineer Goble discussed the open bottom system for underground
retention and that it is part of the design criteria they are seeking. Further
discussion included issues related to future pollutants and 72 -hour perk time.
Chairperson Wish asked if there would be a way to monitor the system. Mr. Tarr
stated there would be options to enforce maintenance of the system, such as
recording a document against the property title.
Director Jonasson mentioned that City staff would be more comfortable with an
underground structure in concrete, a non - reactive material underground.
Director Hartung asked the Board to consider that the appeal is uncharted territory
and that the standard may be used in the future.
City Engineers Wimmer and Goble presented slides and the Underground
Retention Report (attachment 4). The overview included appeal items, history,
research references, site conditions known for corrosive soil conditions. The
following was noted from local agency experience: CVWD requires polyethylene
wraps on pipelines in La Quinta extending eastward, and cities to the east prohibit
corrugated metal pipe underground retention basins as a result of corrosion
concerns. The U.S. Army Corp Lifespan chart was shown with minimum resistivity
which equals 25 years to perforation. it was further reported that California
municipalities with non - corrosive soils have experienced corrugated culvert life
spans of 23 -35 years. A slide of galvanized steel corrosion was shown from
Cabazon Outlet Mall. Mr. Goble reported that a high risk of corrosion exists with
uncoated steel, but low risk with concrete for all La Quinta soils. He further
remarked that the storm drain system would be difficult to isolate. It was also
reported that an expected lifespan is calculated at 61 years with coatings and
protection. Mr. Goble concluded that staff intends to work with the developer to
determine a standard, but has been reluctant to approve the specific design.
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A discussion began concerning responsibility of cost related to the system. It was
mentioned that the cost would be assumed by the developer. Additional items
addressed were issues of life safety, inspection protocol, approaching design as
new technology, and relying on engineers.
There was continued discussion regarding maintenance. City Attorney Jenson
mentioned that there could be a recordation on the title imposing on -going
maintenance
Mr. Hill's design was the next topic of conversation. City Attorney Jenson asked Mr.
Hill to repeat the following statement louder. Mr. Craig Hill repeated that if properly
designed the culvert can be mitigated, and with proper maintenance will work.
Commissioner Hegge clarified that the reason for the hearing is that no written City
standard exists.
City Attorney Jenson explained that the Board has a draft bulletin. Director
Jonasson clarified that the item came from the Developer's Handbook which
contains engineering policies developed over the years. It was mentioned that the
policies are technical in nature and they have not been codified.
Director Hartung clarified that the Board is set to hear appeals made on the Building
Official's decision. He continued to explain that this is the closest thing to a
technical board, since there is not a Board to hear appeals in the Public Works
Department.
Chairperson Wish commented on Public Work's draft standard and continued to
note that it falls into a grey area.
Director Jonasson agreed that there is not a formal engineering policy adopted for
underground pipes.
Mr. Jack Tarr concluded that there would be obvious checks and methods to
maintain the system. There was discussion regarding comparison of Maricopa
County percolation policy to La Quinta.
Mark Taylor, Contech, was asked by Commission Leonhard how structure is
attached. He summarized stating that the connection is not an anchor -bolt design
but 3/16 inch metal. He mentioned a slotted concrete footing (keyway) and a plate
dropped into place is possible. Commissioner Leonhard questioned the size of
each tube and plate sizes. The discussion included comments regarding seismic
activity. Chairperson Wish added that it is a monolithic system and would move
with soil.
Commissioner Leonhard expressed concerns regarding wear and tear on the
system and that concrete has more resistance.
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Mr. Taylor explained that flexible metal structures perform well in earthquake
conditions. Chairperson Wish explained that basements perform well below grade
and move with the earth. Chairperson Wish asked for a comment from Craig Hill
who agreed that metal is a more flexible structure and moves with the soil.
Mr. Taylor discussed designing for structural integrity, hydrylic flow, and capacity
with metal pipe. He further commented about the soil resistivity/pH is outside the
range of where metal pipe is recommended there are certain design procedures in
place. If you can do something to protect with coatings to isolate from corrosive
soils then you can consider the product as a solution. He concluded that the
proposal is to completely isolate with coatings, not use 18 gauge culvert for direct
burial in the soil. He further stated that it would be designed with correct metals and
coatings to add service life. He further questioned the concern regarding standing
water from irrigation, runoff, and oils, since they are factored into the design. He
commented on the issue of polymer coating in the upper 3 feet, recommended in
the Earth Systems letter, and said he did not understand the need. He concluded
by stating that if the criteria has been met with the galvanized pipe he questioned
the need to add asphalt or polymer coating to the inside.
Mr. Speer thanked everyone for their time.
Chairperson Wish questioned how to proceed next. City Attorney Jenson
recommended a discussion about the issue.
Chairperson Wish stated he had come to a decision about the issue.
Chairperson Wish asked Commissioner Hegge about his decision. Commissioner
Hegge expressed concerns regarding safety and longevity issues. He further
stated that he believes concrete is the way to go. He commented that he City
is in a position to write a policy, pending math, that the structure can have
longevity. He offered his support to proceed and to prove the system works.
Commissioner Leonhard expressed his concern. He stated that concrete is not a
solution, and does not believe the system is designed for the desert area. He
continued that comparison to Maryland and other areas of California is not the
same.
Director Jonasson discussed that policies are not written completely in a
vacuum and that they want something that works by looking for alternate
materials to use instead of concrete. He stated that developer's bottom line is
considered. He also agreed with Director Hartung's comment regarding the
decision becoming engineering policy doctrine. There was further comment that
concrete is not the only acceptable material.
Ed Wimmer, Principal Engineer, asked to clarify that a 100 -year storm has a
probability rate of one percent in any given year. He also mentioned that
someone had stated oil is not a concern. It was further mentioned that Mr. Hill
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reported that oil is of great concern, because it will dilute the permeable layer
for percolation. He continued to mention that the greatest area of clarification is
that La Quinta is a very specific location on Planet Earth and a lot of discussion
has been regarding places other than La Quinta. Mr. Wimmer asked the Board
to consider, as the second Board member mentioned, that these are very
difficult soil conditions and to a degree that a metal system can be isolated
should guide the decision. He concluded by stating that City staff does not
believe it can be isolated.
Director Jonasson added that most of what will be seen in the retention basin is
nuisance water and are not sure what will be contained. At very minimum, if
the Board sees fit to allow the applicant's appeal, that all items in the Earth
Systems letter be included, and the coatings not be excluded as the developer
has asked.
Commissioner Hegge commented that the math has not been proved out, and
are talking about finishing the study to prove that it will have the life span.
City Attorney Jenson stated that one thing the Board could do with regard to
the conditions or the recommendations is to say that all of the
recommendations need to be considered in the design and that does not
necessarily mean that the coating would have to be, but the application of the
coating in the upper 3 feet is something that has to be considered.
Commissioner Hegge stated that isolation from the soil is an absolute.
Chairperson Wish voiced agreement with everything from Earth Systems and
Sladden and added that it all needs to be considered in the design, as well as a
maintenance agreement between the City and the owner and future owners of
the property. He further expressed agreement with the design science. He
spoke of dealing with new technology every day, and how it may not meet
letter of the code, but does fall into grey area, "or equivalent." He mentioned
that he deals with structures, proprietary sheer wall systems, mechanical hold
downs, and connectors that did not exist fifty years ago, but exist now. It was
mentioned that ICC approvals, and code reports are a guideline for proper
testing of materials. He stated that the product has proven useful throughout
the country, but specific soil condition is in question. He agreed that soil is
corrosive pertaining to building structures. But he continued that there is
sufficient science and engineering creativity that can be overcome. He said if
we find out through this test later, in his opinion he doubts that we will not be
dealing with catastrophic failure, he thinks with proper maintenance we will be
able to identify where failure occurs. He also stated that if it does not work the
code can be changed in the future to restrict it to what we know will work best
for this area. He agreed with the use of this system as long as all of the factors
are taken into consideration.
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Chairperson Wish commented that he agrees with the science of the design and
that codes are used as a testing guide. He further stated that he is in
agreement with use of the system.
Mr. Jack Tarr's attorney, Betsy Martin, questioned if Mr. Hill's letter would be
followed. City Attorney Jenson commented that it would be the City who
responds with reference to the letter.
Chairperson Wish stated that Mr. Hill's guidelines are already stipulated in the
report to the City and has been read and accepted for consideration by the
Design Engineer, Brett Anderson. He commented that he thinks it will be up to
Brett Anderson to prove it all out along with whatever testing lab was doing the
testing of the specific site soil - to account for the high chloride and sulfate
levels that could occur, and that there was a range. The low resistance that
would shorten the life span was also reviewed. There was a brief conclusion
regarding the proper isolation of the bedding materials, coatings, and coverings.
He further stated that the issue will be solved as an engineering problem.
Director Hartung expressed concern regarding testing the water related to the
soil. He stated that he agrees with the soil side, and with Mr. Hill's concern
regarding the value and determination of the water chemistry. He stated that he
did not want to convene the Board again. The discussion continued about
polymer coating, and the comment was made that it is necessary at this point.
There was continued discussion related to the water at the bottom of the
system and that the chemistry is the same as any other.
Chairperson Wish stated that it is subjective. He asked if he was wrong in
assuming that the chemistry of the runoff is not affected by the sulfates and
chlorides in the soil, or leached from the soil, and attached with the water to the
metal surface. It was further discussed that the quality of the water running
into the culverts from the tarmac into the sewer system is not really affected by
the chlorides and sulfates as it would be had it permeated into the soil, collected
sulfates, chlorides, and then attached to the metal surfaces.
Mr. Hill discussed that as water flows into the system, poor maintenance could
allow water to rise.
Chairperson Wish asked if there is agreement if polymer coating is stipulated on
the inside as part of the design, right now, as a requirement.
There was discussion that the polymer coating is preferred by staff and is
viewed as a safety factor. It was explained that this would be a system
approved by the City Attorney and developer regarding maintenance.
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Chairperson Wish commented that as a developer you were already aware that
this was a potential requirement by the City and are still willing to go with it.
Mr. Tarr responded that he would comply with the wishes of the Board. But he
prefers the term "consider."
Chairperson Wish questioned whether the polymer is put on in the
manufacturing process instead of sprayed on. The answer from the engineers in
attendance was post - applied. There was further discussion concerning whether
or not a change was spotted later could polymer be applied after it was built.
Chairperson Wish discussed the importance of taking a conservative approach
for the City since it is new technology. He further asked that once proven, in
future years, it could be modified and would be a good compromise.
There was discussion regarding three feet of polymer, possibility of concrete
inside, isolation from the soil, and life expectancy. Mr. Hill commented that he
agreed with the flexibility to review the entire design. Mr. Wish noted that
there are many polymers on the market that will handle the specific corrosive
nature of the soil. It is the manufacturer's responsibility and the designers to
consult technical reports and testing lab reports to determine corrosive material.
Mr. Dezon asked what measures the City has in place concerning mitigation of
sediment. Mr. Goble stated that drywell filtration systems or knockouts were
generally used. There was discussion regarding gunite coating that would
essentially turn it into a concrete system.
Chairperson Wish stated that it was his decision to go with the system,
considering everything that had been presented in the meeting, to allow the
Building Official, (he corrected to say Public Works Department), and to
maintain the final decision as to how conservative the design is, but still using
that system verses the concrete system. Chairperson Wish briefly concluded by
stating that what we are getting to is how high the polymer coating will be, and
how you prove that through the design criteria, and how far standards are
exceeded to maintain quality and safety.
First motion suggested by City Attorney Jenson_ as follows:
City Attorney Jenson noted that she was sensing a direction by the Board. She
stated the following recommendation or the actual decision could be as follows:
"That the 5 -gauge galvanized metal plate would be an appropriate equivalent if
the soils material is isolated, if you have a recorded maintenance and inspection
program that requires periodic maintenance and inspection, and requires
certification when the property changes hands, and that the conditions spelled
out in`the Earth Systems letter are incorporated into the design with the City
Public Works Director having authority to make minor modifications, changing
the level of how high the polymers will be."
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Chairperson Wish mentioned that he could not have stated it better, and that he
agreed. He further stated his opinion that Public Works be open- minded and
flexible in working with the client, since new technology and changes are dealt
with daily, and hoped that if there was animosity that it be put aside.
For the record, City Attorney Jenson clarified that she recommends the
document be recorded and meet the approval of the Public Works Director and
City Attorney. City Attorney Jenson repeated that the 5 -gauge galvanized
metal plate could be an equivalent with the following conditions and that it be
isolated.
Second motion was entertained by Chairperson Wish and noted that two of
three board members were in agreement.
Second motion was entertained by the Board as follows:
On motion by Chairperson Wish, seconded by Commissioner Hegge, opposed by
Commissioner Leonhard, the Building and Construction Appeals Board approved
(2 -1) modifications to the City Manager's decision as follows:
The Board approved the use of an alternate equivalent material of 5 -gauge
galvanized metal plate with conditions that engineering be properly done to
isolate it from the surrounding corrosive soil contents (sulfates), that we take
into consideration all recommendations from Earth Systems Consulting
(attachment 5), as well as Sladden Engineering. Chairperson Wish asked City
Attorney Jenson to clarify Deed in legal terms. City Attorney Jenson clarified
that a Covenant will be recorded on the property requiring regular inspection and
regular maintenance, and a Certificate of Compliance each time the property,
holding the structure, is transferred. The format of the maintenance and
inspection schedule would be determined and defined during the design process.
The document would be subject to approval of the Public Works Director and
City Attorney.
Chairperson Wish also stipulated that inspections be conducted by a registered
Deputy Inspector in the City of La Quinta. Commissioner Wish further explained
that the inspection issue would be put in the hands of a third party.
City Attorney Jenson clarified this would be a modification to the City
Manager's appeal decision.
VII. CORRESPONDENCE AND WRITTEN MATERIAL
A. None
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VIII. COMMISSIONER ITEMS
A. None
IX. ADJOURNMENT
The meeting was adjourned at 5:28 p.m.
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Diane Aaker
Special Projects Assistant
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