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1997 09 30 CCing -> 10lp) & 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 760) 777-7000 I J FAX 760) 777-7101 TDD 760) 777-1227 NOTICE OF SPECIAL MEETING OF THE LA QUINTA CITY COUNCIL TUESDAY, SEPTEMBER 30, 1997 1:30PM NOTICE IS HEREBY GIVEN THAT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54956, I, GLENDA L. HOLT, MAYOR OF THE CITY OF LA QUINTA, DO HEREBY CALL A SPECIAL MEETING OF THE CITY COUNCIL FOR 1:30 PM ON TUESDAY, SEPTEMBER 30, 1997. SAID MEETING WILL BE HELD IN THE LA QUINTA CITY COUNCIL CHAMBER, 78-495 CALLE TAMPICO, LA QUINTA, CALIFORNIA. PURPOSE OF SAID MEETING IS AS DELINEATED ON THE ATTACHED AGENDA. Dated: September 26, 1997 y GLENDA L. HOLT, MAYOR City of La Quinta, California DECLARATION OF POSTING I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing notice for the Special City Council meeting of September 30, 1997 was posted on the outside entry to the Council Chamber, 78-495 CaIle Tampico and on Ihe bulletin board at the La Quinta Chamber of Commerce and faxed to the news media on Friday, September 26, 1997. City of La Quinta, California 000001 MAILING ADDRESS P.O. BOX 1504 LA QUINTA, CALIFORNIA 92253 4 BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) La Quinta City Council Agenda City Council Chamber 78-495 CaIle Tampico La Quinta, California 92253 Special Meeting September 30, 1997 1:30 PM CALL TO ORDER Beginning Reso. No.97-82 a. Pledge of Allegiance b. Roll Call PUBLIC COMMENT CONFIRMATION OF AGENDA BUSINESS SESSION 1. CONSIDERATION OF COACHELLA VALLEY WATER DISTRICT'S APPEAL OF PROJECT CONDITIONS FOR CVWD'S AVENUE 50 SEWER MAIN LINE, PROJECT PERMIT #2637 MID VALLEY WATER RECLAMATION PLANT #4, INFLUENT FORCE MAIN #2, SEGMENT 2. A) MINUTE ORDER ACTION. 000002 BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp)CLOSED SESSION NOTE: PERSONS IbENTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) REGARDING EXISTING LITIGATION: KSL/JM PETERS, CASE NO.002597. ADJOURNMENT DECLARATION OF POSTING I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing agenda for the Special City Council Meeting of September 30, 1 997 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce on Friday, September 26, 1 997. City of La Quinta, California PUBLIC NOTICE The La Quinta City Council is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City CIerk?s Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. 000003 BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) LTh? O//,7?\O hA?hA? r AGENDA CATEGORY.. BUSINESS SESSION: COUNCILIRDA MEETING DATE.. September 30, 1997 CONSENT CALENDAR: ITEM TITLE: Consideration of CVWD Appeal of Project STUDY SESSION: Conditions for CVWD's Avenue 50 Sewer Main Line Project Permit #2637 Mid Valley Water Reclamation PUBLIC HEARING: Plant #4, Influent Force Main #2, Segment 2 RECOMMENDATION: Conduct a Hearing in order to hear the appeal of the Coachella Valley Water District CVWD) in regard to conditions established under obstruction Permit #2637 for CVWD's Mid Valley Water Reclamation Plant #4, Influent Force Main #2, Segment 2 Project Avenue 50 Sewer Force Main). FISCAL IMPLICATIONS: There are no fiscal implications in conducting a hearing at this time. If the City Council were to act favorably upon CVWD's appeal, the cost in additional pavement repair due to the accelerated deterioration of the paving is unknown. This cost would depend on the amount of work that is being completed by CVWD on this and future projects within the City streets. Also, the liability for not controlling the construction hours in front of the schools during school hours is unknown. This would depend on the time of construction, the amount of traffic, and CVWD's efforts at traffic control. BACKGROUND AND OVERVIEW: On May 15, 1997, the CVWD submitted an application for an Encroachment Permit, and CVWD plans titled Coachella Valley Water District Mid-Valley Water Reclamation Plant #4 WRP4) Influent Force Main #2, Segment 2" for City review and consideration. On June 2, 1997, City staff notified representatives of CVWD that the plans had been checked and a permit had been drafted including conditions. This original permit was Permit #2612. A copy of the original draft permit with conditions is included as Attachment 1. 000004 F:?PWDEpT?CO?NCIL\1 9??\?7C?3O BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp)On June 3, 1 997, CVWD staff informed city staff that they had received the draft permit and conditions and would complete their review of the conditions. The original conditions required a permit fee to cover the City's cost for inspections, the boring of all transverse crossings of the City street as opposed to trenching, the replacement of any trenching with a T-section," that is the current standard, grinding 0.10' of the existing asphalt for the entire lane width in the location of the longitudinal trench and resurfacing the entire lane width with an asphalt cap, and a limitation in allowable work hours in front of Truman Elementary. A number of meetings occurred between City staff and CVWD staff to discuss the conditions. In a cooperative effort, City staff changed the original conditions as follows: 1. The work hours prior to the commencement of classes would be according to the City's noise ordinance 6:00 a.m. to 7:00 p.m.). When the school year commenced, the work hours in the area of the school will be changed so that the activities of the school would not be impacted by the construction. 2. Instead of boring all transverse crossings, trenching is allowed with a standard providing for a 3-foot grinding and overlay on either side of the City's typical T-section" trench restoration standard. 3. The permit fee was reimbursed to CVWD with a mutual verbal understanding that the City will bill CVWD for the City's actual time in inspections. On June 3, 1997, City staff sent a letter to CVWD advising them to include the conditions on the original draft permit #2612 as part of their bid document. A number of meetings occurred between representatives of CVWD and City staff to discuss compromises to the original conditions. City staff informed CVWD staff of all compromises on July 2, 1997 and issued draft permit #2612 Revised) to CVWD so that they could include the permit conditions in their bid. in order to provide greater clarification after all of the City compromises, the City drafted a replacement permit #2637 with all of the new conditions. The City provided these conditions and standard drawings to CVWD on August 1, 1997. A copy of draft permit #2637 and new draft conditions are included as Attachment 2. On July 16, 1997, City staff received a phone call from a contractor that was preparing a bid for submittal to CVWD for the Avenue 50 Sewer Force Main project. During this discussion, the contractor asked for clarification of the City Conditions. The contractor stated CVWD had crossed out" provisions of the permit and wished clarification, if the City required those conditions to be fulfilled. City staff informed the contractor that the conditions as stated in the permit were required and no cross out" of any condition is authorized by the City. 002 \PWDEPT?COUNCIL\1 nnnnn? BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp)On August 1, 1997, the City received a letter from Tom Levy protesting the City conditions per draft permit #2637. A copy of that letter is included as Attachment 3. On page 1, item 1, CVWD states its concerns for the additional 15 feet of grinding. It is assumed that they are referring to the original condition for transverse trenching. This has since been reduced to 3 feet on either side of the T-section" cut. Also, note item of concern #4 in regard to the permit fee. Since this letter, the City refunded the permit fee with an agreement that the City would track the City's actual costs for inspection of the project and bill CVWD. After these final compromises, representatives from CVWD stated their concern over the remaining conditions. City staff informed representatives of CVWD of City Municipal Code 14.16.510 Appeal Right," 14.16.520 Appeal Filing Method," and 14.16.530 Appeal Action of City Council." On August 29, 1997, the City received a letter from Tom Levy, General Manager of CVWD, stating CVWD's notice of appeal of the conditions Attachment 4). In accordance with the previously referenced Municipal Codes, this hearing has been placed on the City Agenda. The staff-recommended conditions for the longitudinal full lane overlay of the trench, the T-section" repair of all trenches, the 3-foot additional grinding and overlay on either side of the transverse trenches, the City's charges to reimburse the City's cost for inspection of the work, and the time limitations of all construction work within the school zone are placed for the protection of the City Infrastructure and the safety considerations for the general public. On September24, 1997, the City received a letter from CVWD dated September 23, 1997 Attachment 5). The subject of that letter is as follows: Appeal before the City Council Protest of Encroachment Permit Conditions Mid-Valley Water Reclamation Plant No.4 Influent Force Main No.2, Segment 2" In an effort to better justify the establishment of the trench repair and overlay, City staff completed a survey of a number of California cities and obtained a number of reports completed on this subject. The reports that have been completed and justify the City trench repair condition include, but are not limited to the following: 1. Impact of utility cuts on performance of street pavements Cincinnati and APWA 1995". 2. The effective utility cuts on the surface life of pavements in San Francisco City and County of San Francisco, May 1995." 3. The effects of utility cut patching on pavement performance in Phoenix, Arizona City of Phoenix, Arizona, July 1990". 000006 F.-\?V?DEPT\COUNCIL?1 9?7?9?O?3O BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp)4. Costing the effects of utility cuts in the life cycle of asphalt pavements Burlington, Vermont, September 1 986?'. FINDINGS AND ALTERNATIVES: The alternatives for the City Council to consider are as follows: 1. Conduct a Hearing in order to hear the appeal of the Coachella Valley Water District CVWD) in regard to conditions established under obstruction Permit #2637 for CVWD's Mid Valley Water Reclamation Plant #4, Influent Force Main #2, Segment 2 Project Avenue 50 Sewer Force Main). 2. Provide staff with alternative direction. 1I< Chris A. Vogt Public W6rks Director/City Engineer CAVIas Attachments: 1. Permit #2612 Draft Permit with Conditions 2. Permit #2637 Draft Permit with Conditions 3. August 1, 1997 Letter from CVWD 4. August 29, 1997 Letter from CVWD 5. September 24, 1997 Letter from CVWD 000007 004 F:\PWDEpflCOUNCIL?1 7\,7O93O BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp ) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp ) NOTEXTPAGE BIB] 12-17-1999-U01 12:21:22PM-U01 ADMIN-U01 CC-U02 09-U02 30-U02 1997-U02 ing -> 10lp!) 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