Loading...
HomeMy WebLinkAboutCC AG PKT 2010-04-12 #NAGENDA STAFF REPORT DATE: April 12, 2010 TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Jill R. Ingram, Assistant to the City Manager SUBJECT: McGAUGH SWIMMING POOL SUMMARY OF REQUEST: It is recommended that the City Council adopt Resolution No. 5987, deeming certain work to be of urgent necessity pursuant to the City Charter for repair of the McGaugh pool for the preservation of life, health or property, and authorize the City Manager to let contracts for such repair without advertising for bids. BACKGROUND: On October 13, 2008, staff presented the City Council with a feasibility study providing an assessment of the current facilities at the McGaugh Pool. Attached to this staff report as Attachment A is a copy of the report that was prepared by Rowley International Inc., an aquatic design, engineering, and consulting firm. As reported at the February 22, 2010 City Council meeting, staff provided a status update of the McGaugh pool, indicating that the pool is currently leaking at a high rate and requires immediate repairs to remain functional. Following discussion at that meeting, the City Council directed staff to do a more comprehensive evaluation of the pool. Therefore, at the March 22, 2010 City Council meeting, staff presented the Council with four possible options to address the feasibility of repairing the pool and associated estimated costs. Following discussion at that meeting, the City Council directed staff to do a more comprehensive evaluation of the water loss. As directed by. the City Council at the March 22, 2010 City Council meeting, the City Manager contacted Los Alamitos Unified School District Superintendent Dr. Greg Franklin to inquire about the possibility of discussing the City acquiring the McGaugh tennis courts /swimming pool property for future development. Dr. Franklin indicated that he was fairly certain that the Board would entertain such a discussion, however, regardless of . the title on the property, the pool is an invaluable community asset. In that regard, another consideration of acquiring the District property would be the costs involved to purchase the land, which Agenda Item N Page 2 . would very likely significantly reduce the $5 million allocated in the Capital Improvement Program budget for pool replacement. The City acquiring the tennis courts /swimming pool property for the future development of a community pool would eliminate the Division of the State Architect's approval since the pool would no longer be located on school property, however, the requirement to obtain a California Coastal Commission development permit -would still be applicable. Attached to this staff report as Attachment B is a chronological history of the McGaugh swimming pool renovation /replacement project. Water Loss Analysis At the March 22, 2010 City Council Meeting, staff was asked to perform a water loss analysis to calculate typical evaporation rates and splash out water. Staff contacted Joe Berg, Water Use Efficiency Programs Manager, Metropolitan Water District of Orange County. He states, "...evaporation which is approximately 42 inches per year at the coast and 48 inland. Losses from splash, carry-out and cleaning are dependant on how intensively the pool is used and how long the pump runs to clean the pool. You could add 10 -15% to this per year which would bring it to 46 — 48 inches per year." In the worst case scenario, staff estimated 48 inches per year for evaporation and splash out water. This results in approximately 545.5 gallons per day or 0.38 gallons per minute. It was previously reported that the pool loses approximately 10,771 gallons per day or 7 gallons per minute for February 2008. gal /day 10,771 545 5% gal/min 7 0.38 6% The percentage difference comparison of evaporation and water loss is insignificant. Therefore, the evaporation and splash out water does not account for the water loss. Leak Detection Results- Ma'or Areas of Water Loss The City contracted with Commercial Aquatics Services, Inc., a licensed California contractor with over 50 years experience in the commercial pool industry, to,perform a leak detection test of the pool facility`on March 27, 2010. During the test process, all plumbing, wall return inlets, and light housing units were pressure and dye tested. Along with the plumbing system, the expansion joint, serge pit, and pump room were also tested for possible leaks. Attached to this staff report as Attachment H is the Commercial Aquatics Services, Inc. analysis as a result of the leak detection testing, as summarized below: Page 3 • Expansion Joint- The large expansion joint that allows the large structural bodies to move independently leaks badly, particularly at the wall areas near the water line. • Surge Pit- The water loss in the surge pit is the most prominent leak at the facility. Water constantly flows from the pool into the gutters and then flows to the surge pit. Currently, water overflows the surge pit and leaks out of the overflow pipe and into the drainage system. This is occurring because the pool's automatic fill that regulates water height in the pool is not operating properly, along with the modulating float valve which regulates the flow of water from the pump pit to the pump. • Filtration System- The filtration system along with being past its useable life is also a major source of water loss. The filter backwash valves have failed, causing the tanks to constantly leak. The filters have also rusted through in numerous spots causing leaking on the ground. The filters are currently a danger on the site as they could rupture and cause flooding of the pump room. • Equipment Leaks- The fill pipe into the surge pit has a constant leak at the base of the pipe. The heater bypass piping has a pinhole leak that causes air to be drawn into the system and then out into the return lines. • Small Pool Skimmer- The two skimmers are.defective due to the material used in the skimmers construction. The skimmers to the equipment suction line leak under or near one skimmer. Of significance regarding the leak detection testing is that the listed items above have all been identified and determined as the primary areas of water loss. However, during the testing process, the return plumbing system of the large pool, small pool, and connecting lines were pressure tested to 20 pounds per square inch (psi) and found to hold pressure. This supports a conclusion that the water loss is not due to failed piping as originally reported. Although the pipe is past its useable lifespan, it is still holding pressure and at this time can be assumed to be in working condition. Virginia Graeme Baker Act As reported at the March 22, 2010 City Council meeting, the McGaugh pool is currently not in compliance with the Virginia Graeme Baker Pool and Spa Safety Act (VGBA). The VGBA requires that all pools and spas in the United States be equipped with anti - entrapment devices on all drain covers. As of July 1, 2010, the VGBA will be regulated by the Orange County Health Care Agency. Non- compliance with the VGBA can result in the closure of any facilities as OCHCA inspectors will enforce compliance through conducting their regular inspections. Page 4 On March 31, 2010, staff met with OCHCA staff to discuss the current status of the McGaugh pool with regard to repairs needed to remain functional, as well as the repairs necessary to become compliant with the VGBA. OCHCA staff was appreciative of staff's proactive efforts and including the OCHCA in addressing the issues at the pool. OCHCA staff expressed a willingness to work with the City based upon the expectation that the City would submit plans for review and approval in a timely manner prior to the July 1, 2010 VGBA compliance deadline, The scope of work to come into compliance requires the replacement of main drain covers in the large pool and skimmer equalizer covers in the small pool. Once the pool is drained, 18" x 18" holes must be saw cut around the three main drains in the deep end. Plaster must be chipped out and new covers and frames must be set into place and secured. Two covers on the wall of the small pool must be installed to cover equalizer lines. Attached to this staff report as Attachment I is a copy of the Orange County Health Care Agency Informational Bulletin regarding the Virginia Graeme Baker Pool & Spa Safety Act. The total estimated time to perform the necessary work identified in the leak detection testing analysis is approximately 4 -6 weeks, which also includes the lead time necessary to order equipment and custom build parts. The performance of these repairs will not require the demolition of the pool deck or the separation of pool circulation systems. Plans for this work must be submitted and approved by the OCHCA. The standard lead time for plan check is approximately 20 -25 days. The contractor has indicated from their experience in working with several cities on similar type projects that the scope of this work will not trigger approval by the Division of the State Architect. Feasibility Study Consultant — Rowley International, Inc Staff consulted with Greg Cannon, Project Manager, Rowley International, Inc., who conducted the feasibility study of the current facilities at the McGaugh pool in September 2008, to review the most recent leak detection testing analysis prepared by Commercial Aquatics Services, Inc. After reviewing the most recent data, Mr. Cannon indicated that in his professional opinion the report prepared by Commercial Aquatics Services, Inc. seems very reasonable, with the understanding that the pool equipment and piping system is past its useable life, and he concurs with the recommendations for necessary immediate repairs to address the water loss issues and regulatory compliance deadline of July 1, 2010 for the Virginia Graeme Baker Act. Pool Program Issues Although the McGaugh pool does operate on a year -round basis; the primary program of the City of Seal Beach aquatics department is the "Summer Learn to Swim" program. The program's mission is to create safe swimmers while promoting a fun recreational opportunity for residents and non - residents. The summer program features learn to swim classes, daily recreation swim, family swim, pool parties, and the annual All City Swim Meet. Obviously this program is Page 5 invaluable, particularly in our beach community, given that it provides the foundation for safe swimmers who reside in such close proximity to the ocean. Due to the size of the program, the City is required to hire approximately 30 seasonal and part-time staff. As the lead time to hire staff can be lengthy because of the. pre - employment requirements, this process is typically started at the end of March each year. This schedule gives staff time to advertise, interview, hire, and train all staff in preparation for the beginning of the "Summer Learn to Swim" program. The lead time to train staff is of significance to the success of the program, as highly- trained instructors themselves are essential to a quality program. In a survey distributed to participants during the 2009 summer program, the staff was consistently graded with high marks, and survey responses indicated that our staff was the primary reason that parents continued to register their children for participation in our program. Again, this is another illustration of the results of investing in training and the ability to higher quality staff. The 2010 summer program is scheduled to begin on June 21, 2010. Staff must pass pre - employment background checks and be trained prior to this date in order to be able to operate the program. If the Council takes an action at their regular meeting of April 12, 2010, to approve the necessary immediate repairs, requiring the closure of the pool, the current programs that would be affected immediately would be the Junior Lifeguard Preparation and Conditioning Courses, deep water aerobics, Seal Beach Swim Team practices, and adult lap swim. All programs are at nearly the maximum level of participation. Parks & Recreation Commission Recommendation At their regular meeting on March 24, 2010, the Parks and Recreation Commission voted unanimously to recommend that the City Council support pool repairs as necessary to comply with the Virginia Graeme Baker Act and keep the pool open through summer programming. McGaugh School PTA Meeting On Thursday, April -1St, staff was invited to attend the McGaugh School general PTA business meeting to briefly discuss the pool issues and potential solutions, as well as participate in a forum for open dialogue. This meeting brought together representatives from the City, Los Alamitos Unified School District, and the community, including Superintendent Greg Franklin, LAUSD Board Member Karen Russell, and Parks and Recreation Commissioner Carla Watson. As indicated at that meeting, City and District staff, as well as the City Council and School Board, will continue to participate in a community planning process on behalf of the school and the community to master plan the McGaugh campus for the benefit of the community. Page 6 To date, staff has received several letters and emails in support of the City's aquatics program and urging the City Council to approve the immediate necessary repairs of the McGaugh pool until a site plan is finalized for the construction of a new community pool. In that regard, as requested at the March 22, 2010 City Council meeting, attached to this staff report as Attachment J are the four alternative site plans that were developed and reviewed by both the Parks and Recreation Commission and City Council at their joint meeting on January 26, 2009. FINANCIAL IMPACT: The table below shows a breakdown of costs based upon cost estimates provided by Commercial Aquatic Services, Inc.: Leak Repair ITEM DESCRIPTION COST 1 Surge Pit Repair $ 3,900.00 2 Expansion Joint Repair $ 3,800.00 3 Filtration S stem $62,000.00 4 .-Leaking Pipe Repair $ 6,000.00 5 Wading Pool Skimmer Repair $ 3,800.00 Sub Total 10% Contingency SAY Virninia r:rn ama Rnkar Art r�nmr%Hnnnn $79,500.00 $ 7,950.00 $87,450.00 ITEM I DESCRIPTION COST 1 Labor and Drain Covers $ 6,700.00 Sub Total 10% Contingency SAY Pumn Rnnm Rpnairc $ 6,700.00 $ 670.00 $ 7,370.00 ITEM DESCRIPTION COST 1 Heater Service $ 1,050.00 2 Chemical Controller Service $ 1,100.00 Sub Total 10% Contingency SAY Prawantntivo IIAnintnnnnns -r. D..rrr 0www. C... .:.�.r...a $ 2,150.00 $ 215.00 $ 2,365.00 ITEM DESCRIPTION COST 1 Annual Maintenance on Pump Room E ui ment 1 $ 2,500.00 Z:)uD i wai $ 2,500.00 10% Contingency $ 250.00 SAY $ 2,750.00 Page 7 The total project cost is estimated at just under $100,000. The contractor has indicated that there could be an additional cost "of $10,000 to repair the main drain in the large room. The scope of this work cannot be specified until the pool is drained and the main drains can be inspected. If the Council takes an action at their regular meeting of April 12, 2010, to approve the necessary immediate repairs, staff would come back to the Council at the April 26, 2010 Council meeting to request the approval of a budget amendment. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 5987, deeming certain work to be of urgent necessity pursuant to the City. Charter for repair of the McGaugh pool for the preservation of life, health or property, and authorize the City Manager to let contracts for such repair without advertising for bids. SUBMITTED BY: V ill .Ingram, ssistant to the City Unager NOTED AND APPROVED: David N. Car any, City Manager Prepared by: Michael Ho, City Engineer Tim Kelsey, Community Services, Supervisor Attachments: A. Feasibility Study for the Swimming Pool Renovation /Replacement B. Chronological History of McGaugh Swimming Pool Renovation /Replacement C. 10/13/08 Agenda Staff Report- McGaugh Swimming Pool Renovation /Replacement D. 2/22/10 Agenda Staff Report- McGaugh Pool Status Update E. 3/22/10 Agenda Staff Report — McGaugh Swimming Pool Renovation F. E -Mail from Michael Vena of OCHCA dated 3/10/10 G. California AB 1020 (Virginia Graeme Baker Act) H. Commercial Aquatics Services, Inc. Leak Detection Testing Analysis I. Orange County Health Care Agency Informational Bulletin re: Virginia Graeme Baker Pool & Spa Safety Act J. (4) alternative site plans for community pool (Zoeter, Tennis Center, Marina, McGaugh) K. Resolution No. 5987 ATTACHMENT "A" Feasibility Study for the Swimming Pool Renovation /Replacement Rowley International Inc. - September 2008 The .Row char ins exist mea IffAI M 3ewh. rY xamined on July, 9, 2008 ;n east OT "in @; .ornplex;in 6n, indoor`mechanical space adjacent to the middle school: gynnnasiurn e swimming' pools, appear to be sound; however, the )66 operator states that r I r e r n t o na 1 n c Seal :Read S eal Septerrl Tilt: do, the ,wiff that may be hiding Underneath to jl has 3 main drains located at the floor of )FI and nchildr6Wt pool are equipped with wet _he,, Sys these M, for expensive and risky since large portions of the' ` 'and 6ei replaced once undergrciiand; plumbing is installed. This increases the cost a„of = renovation by. necessitating,. cinnifinant' 'etriirtfaral .rgm it =tn •fh`a- n'nnl Page 4 encompasses both :pools The boo rs a starry'appfied coating used ti sur�stirne: In thrs: <case the Kool De ti ',problems wrth the ,poo{ deck, rri, B. EXISTING 1 turn's >> feed _..... _ ..................... B. EXI: 7 G FACt1 'Kesiroi no . -vtia) ,restroo like kir core: mak .chiid bath The follovyirig i `'alth Codes He mention violati The diving ;boards or, platforms must be 5' =Q" off the centeri rie ofi th drain grates. Permanent depth rnarkers with numerals a' minimum of,3'' high are.rf n. The chemical. feed equipment small be eiectrieally, inferloc' ked uti ,.,.. ......,..,r �.� ie lap; pool is too sm pump suction �s siaspec lynamic -and static cond Ci V eck!'§ are a:enerally:,in, poor .,:conditio Aecks NT be terious y c' -si( on I improved th'e Page 13 CI:t itt:;Qt. .. ,. ki.IG kGIVVcxUulI ydluo",IIIC:JkkCkl Ckkkt1 UCVR. The new .pool would be comprised of one -third ":deep water (12' to ATTACHMENT "B" Chronological History of McGaugh Swimming Pool Renovation /Replacement McGaugh Swimming Pool Renovation / Replacement CHRONOLOGICAL HISTORY 2008 July 14, 2008 Council Agenda Staff Report — Tabled 5 -Year C/P Program Provide additional information on Project No. BG0904 - McGaugh Swimming Pool. July 28, 2008 Council Agenda Staff Report — 5-Year CIP Program Staff hired a consultant to assess the current condition of the pool and appurtenances. The report was not available for inclusion herein. September 2008 Feasibility Study conducted by Rowley International, Inc. for the swimming pool renovation /replacement. October 13, 2008 Council Agenda Staff Report — McGaugh Swimming Pool Renovation/Replacement Greg Cannon of Rowley International Inc. gave a summary of the report pointing out that the current pool and surrounding area does not meet the current codes. Council referred the matter to the Parks and Recreation Commission. October 22, 2008 Parks and Recreation Commission Staff provided overview of October 13th Council action. Staff will bring back alternative site plans for review /discussion. November 19, Parks and Recreation Commission, 2008 Staff. presented alternative site plans for review /discussion, including McGaugh, Tennis Center, Marina Center, and Zoeter. December 17, Parks and Recreation Commission 2008 Greg Cannon from Rowley International, Inc. made a presentation regarding the Feasibility Study and reviewed /discussed the alternative site plans, as well as current issues at pool. Mr. Cannon reported the pool was nearing the end of its useful life, with issues including water loss, rusted cast iron pipe, water loss running to the pump and filters, compromised pumping and mechanical system, asepsis pipe, two water bodies running off one pump, and rust stains appearing through the plaster. The Commission voted in support of the Marina Park site. Prepared 3/25/2010 2009 January 26, 2009 City Council/Parks and Recreation Commission Joint study session to discuss the Seal Beach pool facility. The City Council directed staff to proceed with the Recreation and Parks Commission recommendations of relocating the swimming pool (50- meter) to the Marina Park site and directed the City Manager to look into what is needed to acquire the property from Exxon. January 28, 2009 Parks and Recreation Commission Staff provided a follow -up overview of the Cou nci [/Comm ission discussion action at the joint study session. 2010 February 22, Council Agenda Staff Report — McGaugh Swimming Pool Status 2010 Report Staff presented an overview regarding the current integrity of the pool, including ongoing draining issues. The Council directed staff to determine what repairs are needed and provide the Council with estimated costs for what work would be required. February 24, Parks and Recreation Commission 2010 Staff provided the most recent overview of the current situation at the pool regarding leaking and daily water loss. March 22, 2010 Council Agenda Staff Report — McGawh Swimming Poo! Renovation Staff provided a presentation regarding annual water loss from 2002 — present, code compliance issues, and four proposed options and approximate fiscal impacts to address the code requirements. Staff requested that the Council provide direction regarding the continued operation of the pool. The Council requested that staff come back with additional water loss data and a timeline for repair option #1. The Council directed the City Manager to contact LAUSD Superintendent to inquire about the possibility of the City acquiring the McGaugh tennis courts /swimming pool land for future development. March 24, 2010 Parks and Recreation Commission The Commission voted unanimously to recommend that the City Council support pool repairs as necessary to comply with the Virginia Graeme Baker Act and keep the pool .open through summer programming while applying to the State Architect Board to make necessary long -term repairs. Prepared 3/25/2010 2 ATTACHMENT "C" 10/13/08 Agenda Staff Report- McGaugh Swimming Pool Renovation /Replacement AGENDA STAFF REPORT DATE: October 13, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public SUBJECT: McGAUGH SWIMMING POOL R REPLACEMENT SUMMARY OF REQUEST: It is respectfully requested that the ,Cffjr�..0 Study for the McGaugh SwimmingI'ool f matter to the Recreation Commission for BACKGROUND: As part of the fi% replacement of 1 McGaugh Schos existing facility it Rowley Internat retained to cond Cannon: -of Rowl gar Capital Improvemerit.l ;wimming pool andrelate he City Council directed B11 as estimated renovatIc I, Inc., an aquatic design,' the study. Their report is iternational, Inc. will be p ny questions.. A I receive dh` file the Feasibility anon /Replacement and refer the ogram, "staff recommended the facilities currery located at iff to provide an assessment of the costs and" replacement costs. rigineering and consulting firm, was ttached for your perusal. Mr. Greg sent at the meeting to present the The report suggests that "whilethe extstrrag facilities could be renovated, the City may be better served by replacing the sting facilities. This would be true especially if the needs of the City have changed since the original facility was designed. Further, the report documents deviations from the current building code and health and safety code related to public swimming pools which need to be addressed. rately, the Los Al -mitos Unified School District has retained a soils engineer 0Y saturated s©il °conditions near the existing pool. This report should be ed,{bvNovember 1 st. On September 24, 2008 the Recreation Commission was presented with the Rowley feasibility study for the McGaugh swimming pool. Commission members Agenda Item V Page 2 stated that they feel swimming is an important skill for the youth of Seal Beach to learn.. It is their philosophy that with the proximity to the beach it is a matter of public safety that all children are provided with an opportunity to learn how to =: swim. They feel the swimming pool is a valuable asset to the community,-,,, With a vote of 4 to 0 the commission recommended that the City pursue a plan f t replacing the existing pool as opposed to renovating the present pool° TfieE commission also commended the drafting of the report as a valuable too t reviewing the issue. If there is interest in addressing the issues identified by the study at the McGaugh Swimming Pool, staff recommends the City Council refer the matter torthe ,y E Recreation Commission with direction as to the further specrfic Issue`s to bey addressed by the Commission. Issues that the City Council may wish the Commission to review include but are not limited to:—._ • Master planning-of recreation regarding thercN{cGabgh site. s • Location of a new facility at McGaugh or anoth ion • Activities the facility will need to accommodate suet as recreation needs, swim team, adult swim, watt po °lo, dturng, swim lessons, tot pool. • Operational issues and expensesn T • Fundingw There are no dire4financial impacts" associated with thls*erida item. OMMEN:DATI ATTACHMENT "D" 2/22/10 Agenda Staff Report- McGaugh Pool Status Update AGENDA STAFF .REPORT DATE: February 22, 2010 TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Jill R. Ingram, Assistant to the City Manag SUBJECT: McGAUGH POOL STATUS UPDATE SUMMARY OF REQUEST: It is recommended that the City Cou 1. Receive and file the 'effort; "end` 2. Provide direction to staff as appr operation of the McGaugh Sct E direction regarding ,funding the "FrenchAdram C arding the continued unity pool, with specific ended .installation of a On February 14,,,,-,:,,#,,2010 staff met with Los�AIamitos Sc`bool District officials to discuss ongoinglAssues with the McGaugh pool;. As the school district is in the o process of dem [fi' ng from their current modernization process on the campus, they have expressed Immediate concerns in the ongoing leak from the pool and saturation of near`inv soil:. As the District nears tleendvthelr project, they have a desire to convert the existing tennis courts int'', ado nal parking spots to address the lack of adequate parking. In the process of planning this conversion, the District contracted a geotechnical distress evaluation from a geotechnical /environmental firm regarding the tennis`-,court slab adjacent to the swimming pool to evaluate the condition of the subsuq a soils. Attached is a copy of the limited geotechnical distress evaluation by TGR Geotechnical, Inc. Ini are effort to keep -the McGaugh pool operating at its current level, and to address Jhe.cohb 6 of a future sink hole issue related to ongoing soil saturation wlthln :the telirirs court slab adjacent to the swimming pool, the geotechnical project engineer is recommending the placement of a "French drain" adjacent to the northwest end of the pool deck. The "French drain" would outlet water runoff to a drainage area near the sports field. Agenda Item I Page 2 On Tuesday, February 16th, our City Engineer and staff met onsite with the District's modernization contractor. Our City Engineer is looking at other options to re- direct the outlet water runoff to a drainage area that will not affect theusport fields, and will provide an update at the Council meeting. The District is gathering a more accurate cost estimate, however, estimate for this temporary solution to keep the pool open is ap $125,000. The District is requesting the City's assistance tofund the "French drain" installation.,... FINANCIAL IMPACT: While the District is gathering a more accurate for this temporary solution to keep the pool opt RECOMMENDATION: It is recommended that the City 1 2 SUBMITTED Receive and file the report; a Provide direction to staff as a operatlonof .theme McGaugh direction' "`iegarding,t'fun 4 ng 'French drain." mate, the rough esti 5ximately $125,000. arding the continued unity pool, with specific ended installation of a -- -� 9 ments: Distress Investigation of Tennis Courts Northwest Side of Swimming Pool ATTACHMENT "E" 3/22/10 Agenda Staff Report — McGaugh Swimming Pool Renovation AGENDA STAFF REPORT DATE: March 22, 2010 TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Jill R. Ingram, Assistant to the City SUBJECT: McGAUGH SWIMMING POOL SUMMARY OF REQUEST: It is recommended that the City Cou 1. Receive and file this report; and 2. Provide direction to staff as appropr a' t operation of the McGaugh Pool, with�s necessary repairs to;,the.facility. BACKGROUN T On October 1 providing an a to this.:staff rei Mr. Greg Cannon 2010 City Council of the pool. 08, staff presented the ment of the current faci s Attachment A is a col �t Irzc,, an aquatic desii f Rowev International. Ting the continued direction regarding C es Council with a feasibility study Ms at the McGaugh Pool. Attached >y` ©f the report that was prepared by Irr� engineering, and consulting firm. Inc. will ' be present at the . March 22, uestions regarding the current status As reported at the February 22, 2010 City Council meeting, the McGaugh Pool is currently leaking at a' :high rate and requires immediate repairs to remain functional. Following discussion at that meeting, the City Council directed staff to further investigate the current state of the pool facility and feasibility of repairing the pool. Alsoat the February 22, 2010 City Council meeting, staff reported a water loss of `allons ape 42`6" m "inute or 60,000 gallons per day based, upon a field observation on February 17, 2010. This daytime observation was made by monitoring the water meter within one minute intervals. A typical pool requires more water Agenda Item R Page 2 during the daytime hours compared to night time hours. This snapshot in time was used to approximate the water loss per day. Shortly after the February 22, 2010 City Council meeting, staff conducted frarther background and analysis regarding the pool, including the compilation of ,aii eight year history of water usage to analyze the water loss. All units are "`in 'hundred cubic feet and read bi- monthly. JANUARY FEBRUARY 233 159 282: 504 1251 86 2,06 659 MARCH APRIL 310 255 319 244 540 683 X778 �b 130 MAY JUNE 520. 387 '. 229: 221 538 350 662 44I JULY .AUGUST _379 627 .361, X609 445. 682 798 M SEPTEMBER OCTOBER 393 266 216 685 686 628 777 �36�� NOVEMBER. . DECEMBER 180 516 359424. 870s ,y. 567 387 671 In 2006, City staff installed a new wateF� meter to replace the outdated one. The new meter is more accurate and precise ih' calculating water usage. In analyzing the data, the worst case scenartoa,occurred in January/February 2007. This was due to a pool repair and re -f ng aftjhe pool. The best case scenario was in Marc, was due to the" major construction of McGaugh renovations, wherein schaolq construction required the pool. to be shut down intermittent! ,. Based upon the historical data compared to pool usage, the McGaugh Pool is not leaking as severely as previously reported. Nevertheless, the pool is continuing to, leak, and is a seriou problem that needs to be addressed. h Pool Repairs and It is the op''i 16n of City staff and the City's pool consultant, Mr. Cannon, that the entire piping system of the pool is past its useable life. The current pipe being Page 3 used is cast iron pipe that was originally installed when the pool was built in approximately 1964. Along with issues that exist in the piping system, the mechanical room is,4lso in need of upgrades. The two pools share every aspect of the water treatment system, which is a violation of the current State Health Code. Second, the current pump system is unable to provide the total required flow rate which is also in violation of the current State Health Code. Third, the pool.heater is also not the correct size to heat the pool after renovation. Detailed descriptions of all aspects of the pool's quality can be found in the feasibility study in Attachment A to this staff report. On March 9, 2010, Michael Vena of the Orange ( OCHCA), Greg Cannon of Rowley International, an onsite inspection. At that time, OCHCA s a' based upon the improvements_ needed_ Those cc in Attachment D to this staff report. In drrsdussion City staff was notified that Division of State ArchitE for any of the improvement options tab tifiied in tt the fact that the pool is located on school pro%er�y. If the City desires to replace the pipes to and `fcor modifying the existing dr a�nage,symem The City") replace all leaks in rec rculation� equipment plumb all leaks. ay re -deck the surface - compliant hand rails, OCHCA code requi :circulation system attan,_ cannot be di pump room. The added room, as there is not eno ge. County Health Care Agency ic. , and City staff perforrrred.. provided code requirements" le re cements are..provided.. ith Rowley International, Inc., t pp'?, val would be required Fiscal Impact below due to pool, OCHCA will require o be required to repair or a,a'ue ground) to eliminate of the pool;` OCHCA will require riser/ treads, depth markers, and dents, any major pipe replacement r' both the special use pool and the e due to added equipment in the ly cannot fit in the existing pump Additionally, if any improvements are made to the pool, OCHCA code requires the City to retrofit the drain pipe to an anti - entrapment drain in compliance with kgu the California AB 1020 (Virginia Graeme Baker Act). Attached to this staff report as Attachment E is a copy of this Act. The tabWbelodi shows a breakdown of cost based upon the 2008 Rowley 'International report: Page 4 OPTION 1: PIPES ONLY ITEM DESCRIPTION COST 1 PIPING AND VALVES $165,000 2 DEMO SPECIAL USE POOL $50,000 3 INSTALL ANTI - SUCTION DRAIN $50,000 SUB TOTAL $265,0000 2% ADDED REFLECT 2008 COST $5,300 8% DESIGN COST $21,200 5% INSPECTION COST x'$13,250 10% CONTINGINCY 4 $26,500 TOTAL 5331.250. ITEM DESCRIPTION x ., - - COST 1 PIPING AND VALVES pf $165,000 2 DEMO SPECIAL USE P $50,000 3 INSTALL ANTI - SUCTION IN $50,000 4 NEW ELECTRICAL` "EQUfPMEN",!, , $146,000 5 NEW MECHANICAL EQUIPMENT:,:, $263,000 SUB TOTAL $674,000 e»s 2% ADDED REFLECT 20fl8 COST $13,480 8% DESI N;C0S $53,920 5°loI{�1SPECTIOI�f COST $33,700 1d% CONTINGINCY $67,400 TOTAL $842,500 ,. EM ;DESCRIPTION COST 1 PIPINGAId; .VALVES Al", $165,000 2 DEIVI "O SPECIAL,USE.POOL $50,000 3 INSTALL ANTI SU;CTI'N `RAIN $50,000 4 NEW ELECTRICAL EQUIPMENT $146,000 5 NEW MECHANICAL EQUIPMENT $263,000 6 NEW D:tCK $216,000 7 NEW DECK EQUIPMENT $155,000 SUB TOTAL $1,045,000 2% ADDED REFLECT 2008 COST $20,900 T 8% DESIGN COST $83,600 5% INSPECTION COST $52,250 10% CONTINGINCY $104,500 TOTAL $1,306,250 SAY OPTION 4: COMPLETE DEMOLITION ITEM DESCRIPTION COST 1 DEMO POOL SITE $165,000 SUB TOTAL $165,000 8% DESIGN COST $13,20Q 5% INSPECTION COST $8,250 10% CONTINGINCY $16,500 TOTAL 4202,950 SAY RECOMMENDATION: It is recommended that the City Council: 1. Receive and file this report, and 2. Provide direction to staff as approp a operation of the McGaught,08b w� necessary repairs to the"lacility s Staff has proposed the below four options requirements:„ riate regarc th special d e continued n regarding Page 5 idering the OCHCA code a) Demoli h the special use pool"(fchJild "pool) b) Retrofit=drain to anti - entrapment dfaini lit c) Install new plastic supply and retu fffipes AN W111 Tkis is the lost cost option which involves the least amount of repair. This wEll minimize «: unde'rground leaks and keep the pool in. service for an additional.; yet,' 6certain amount of time,. The pump room mechanics has exceeded its useful lifd pan, and therefore, the pump room equipment could fail at any given time ce Pioes and a) Demolish the 1pecial use pool (child pool) b) Retrofit drain.o anti - entrapment drain c) Install new plastic supply and return pipes d) Replace allxrew equipment in the pump room Tf1;s option isfhe most preferred. New equipment and new pipes should insure a longer life span of the pool. Option 3: Replace Pipes, Mechanics and Deck a) b) C) d) e) Demolish the special use pool (child pool) Retrofit drain to anti - entrapment drain Install new plastic supply and return pipes Replace all new equipment in the pump room Remove the deck surface and re- plaster This option is similar to Option 2. Option 3 adds the re -p ,the deck. The current condition of the deck has deterior signs of corrosion. This option's justification is that wrth tt pipes and plastering over the trench, adding the remainlr not significantly increase the construction cost. Option 4: Complete Demolition This option will completely demolis level ground; and, turn the site ove for a dollar cost. "``' SUBMITTED BY: Jill R. Ingram Assistant to the 4 ty Manager Prepared by Michael Ho, City Engineer u Tarn Kelsey, Community Servi Attachments: Page 6 xe the site to a an option placed D APPROVED: upervisor and ny, City Manager A. Feasibility Study #or the Swimming Pool Renovation /Replacement B. 10/13/08 AgendAtaff Report- McGaugh Swimming Pool Renovation /Replacement C. 2/22/10 Agenda Staff Report- McGaugh Pool Status Update D. E -Mail from Michael Vena of OCHCA dated 3/10/10 E. California APJ020 (Virginia Graeme Baker Act) ATTACHMENT "F" E -Mail from Michael Vena of OCHCA dated 3/10/10 From: Vena, Michael [mailto:MVena @ochca.com] Sent: Wednesday, March 10, 2010 9:41 AM To: Michael Ho; greg @rowleyinternational.com Cc: Jeff Watson; Tim Kelsey; Sanchez, Richard; Fennessy, Denise; Newe, Karen; Haller, Mike; Rashidi -Fard, Shaghayegh Subject: RE: Swim Pool Remodel Michael & Greg, To follow up with the meeting we had yesterday, out at McGaugh Pool, I wanted to summarize some of the points of direction given from OCEH regarding the pool remodel activity. • Prior to construction, 3 sets or plans and specifications, must be reviewed and approved by OCEH • The swim pools(s) must be compliant with CA Health &Safety Code regarding suction entrapment systems and devices (CA AB 1020/ Fed VGBA) by June 30, 2010 • Non compliant pools maybe subject to closure following the June 30 deadline. • Leaks in recirculation equipment plumbing (above ground) would need to be repaired or replaced to eliminate all leaks • Conducting a re- plaster of the pool surface will require correction of any non compliant hand rails, step riser/ treads, depth makers, lane lines • Underground plumbing repairs will not trigger retroactive requirements regarding the existing restroom fixtures (FYI: constructing additional pools would) • *Conducting substantial underground plumbing repairs, as proposed for this project, will require compliance with current code parameters regarding recirculation systems and turnover time. • A separate recirculation system would need to be constructed for the existing attached Special Use Pool • An increase in turnover rate (decrease in turnover time from 8 hr to 6 hr) would need to be provided for each of the new recirculation systems *1 do apologize for my uncertainty regarding this last issue yesterday. I was wanted to be accurate as to how the retroactive requirements would apply to your project. Now that I have a more complete understanding of the scope of the project, I am able to give more clear direction. I do understand that the retroactive requirements regarding the special use pool circulation system (plumbing, pump, filter, chlorinator) will likely be an important determining factor as to the direction the project takes. Please feel free to contact me if you have any questions. Michael Vena, REHS mvenana ochca.com Supervising EHS, II Orange County Environmental Health Plan Check 1241 E Dyer Rd Suite 120 Santa Ana, CA 92705 V:(714) 433 -6074 F:(714) 433 -6424 ATTACHMENT "G" California AB 1020 (Virginia Graeme Baker Act) 121 STAT. 1794 PUBLIC LAW 110 - 140 —DEC. 19, 2007 (ii) whether duplicative facilities are necessary or desirable. (b) REPORT. —Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study conducted under subsection (a). SEC. 1309. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID SYSTEMS. Deadline. (a) DOE STUDY. —The Secretary shall, within 18 months after Reports. the date of enactment of this Act, submit a report to Congress that provides a quantitative assessment and determination of the existing and potential impacts of the deployment of Smart Grid systems on improving the security of the Nation's electricity infra- structure and operating capability. The report shall include but not be limited to specific recommendations on each of the following: (1) How smart grid systems can help in making the Nation's electricity system less vulnerable to disruptions due to inten- tional acts against the system. (2) How smart grid systems can help in restoring the integrity of the Nation's electricity system subsequent to disrup- tions. (3) How smart grid systems can facilitate nationwide, inter - operable emergency communications and control of the Nation's electricity system during times of localized, regional, or nation- wide emergency. (4) What risks must be taken into account that smart grid systems may, if not carefully created and managed, create vulnerability to security threats of any sort, and how such risks may be mitigated. (b) CONSULTATION. —The Secretary shall consult with other Fed- eral agencies in the development of the report under this section, including but not limited to the Secretary of Homeland Security, the Federal Energy Regulatory Commission, and the Electric Reli- ability Organization certified by the Commission under section 215(c) of the Federal Power Act (16 U.S.C. 824o) as added by section 1211 of the Energy Policy Act of 2005 (Public Law .109- 58; 119 Stat. 941). Virginia Graeme TITLE XIV —POOL AND SPA SAFETY Baker Pool and Spa Safety Act. . 15 USC 8001 SEC. 1401. SHORT TITLE. note. This title may be cited as the "Virginia Graeme Baker Pool and Spa Safety Act ". 15 USC 8001. SEC. 1402. FINDINGS. Congress finds the following: (1) Of injury- related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States. (2) In 2004, 761 children aged 14 and under died as a result of unintentional drowning. . (3) Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning. (4) Research studies show that the installation and proper use of barriers or fencing, as well as additional layers of protec- tion, could substantially reduce the number of childhood resi- dential swimming pool drownings and near drownings. PUBLIC LAW 110 -140 —DEC. 19, 2007 121 STAT. 1795 SEC. 1403. DEFINITIONS. 15 USC 8002. In this title: (1) ASME/ANSI. —The term "ASME /ANSI" as applied to a safety standard means such a standard that is accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers. (2) BARRIER. —The term "barrier" includes a natural or constructed topographical feature that prevents unpermitted access by children to a swimming pool, and, with respect to a hot tub, a lockable cover. (3) COMMISSION. —The term "Commission" means the Con- sumer Product Safety Commission. (4) MAIN DRAIN. —The term "main drain" means a sub- merged suction outlet typically located at the bottom of a pool or spa to conduct water to a recirculating pump. (5) SAFETY VACUUM RELEASE SYSTEM. —The term "safety vacuum release system" - -means a vacuum release system capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to a suction outlet flow blockage. (6) SWIMMING POOL; SPA. —The term "swimming pool" or "spa" means any outdoor or indoor structure intended for swim- ming or recreational bathing, including in- ground and above- ground structures, and includes hot tubs, spas, portable spas, and non - portable wading pools. (7) UNBLOCKABLE DRAIN. —The term " unblockable drain" means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard. SEC. 1404. FEDERAL SWDDUNG POOL AND SPA DRAIN COVER 15 USC 8003. STANDARD. (a) CONSUMER PRODUCT SAFETY RULE. —The requirements described in subsection (b) shall be treated as a consumer product safety rule issued by the Consumer Product Safety Commission under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (b) DRAIN COVER STANDARD.— Effective 1 year after the date Effective date. of enactment of this title, each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States shall conform to the entrapment protection standards of the ASME /ANSI A112.19.8 performance standard, or any successor standard regulating such swimming pool or drain cover. (c) PUBLIC POOLS. — (1) REQUIRED EQUIPMENT. — (A) IN GENERAL. — Beginning 1 year after the date of Effective date. enactment of this title - (i) each public pool and spa in the United States shall be equipped with anti- entrapment devices or sys- tems that comply with the ASME/ANSI A112.19.8 performance standard, or any successor standard; and (ii) each public pool and spa in the United States with a single main drain other than an unblockable drain shall be equipped, at a minimum, with 1 or more of the following devices or systems designed to prevent entrapment by pool or spa drains that meets the requirements of subparagraph (B): (I) SAFETY VACUUM RELEASE SYSTEM —A safety vacuum release system which ceases operation of 121 STAT. 1796 PUBLIC LAW 110 - 140 —DEC. 19, 2007 the pump, reverses the circulation flow, or other- wise provides a vacuum release at a suction outlet when a blockage is detected, that has been tested by an independent third party and found to con- form to ASME/ANSI standard A112.19.17 or ASTM standard F2387. (II) SUCTION- LINIITING VENT SYSTEM. —A suc- tion- limiting vent system with a tamper - resistant atmospheric opening. (III) GRAVITY DRAINAGE SYSTEM. —A gravity drainage system that utilizes a collector tank. (IV) AUTOMATIC PUMP SHUT -OFF SYSTEM. —An automatic pump shut -off system. (V) DRAIN DISABLEMENT. —A device or system that disables the drain. (VI) OTHER SYSTEMS. —Any other system determined by the Commission- to be equally effec- tive as, or better than, the systems described in subclauses (I) through (V) of this clause at pre- venting or eliminating the risk of injury or death associated with pool drainage systems. (B) APPLICABLE STANDARDS. —Any device or system described in subparagraph (A)(ii) shall meet the require- ments of any ASME /ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard. (2) PUBLIC POOL AND SPA DEFINED. —In this subsection, the term "public pool and spa" means a swimming pool or spa that is— (A) open to the public generally, whether for a fee or free of charge; (B) open exclusively to- (i) members of an organization and their guests; (ii) residents of a multi -unit apartment building, apartment complex, residential real estate develop- ment, or other multi - family residential area (other than a municipality, township, or other local government jurisdiction); or (iii) patrons of a hotel or other public accommoda- tions facility; or (C) operated by the Federal Government (or by a concessionaire on behalf of the Federal Government) for the benefit of members of the Armed Forces and their dependents or employees of any department or agency and their dependents. (3) ENFORCEMENT.—Violation of paragraph (1) shall be considered to be a violation of section 19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) and may also be enforced under section 17 of that Act (15 U.S.C. 2066). 15 USC 8004. SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM. (a) IN GENERAL.— Subject to the availability of appropriations authorized by subsection (e), the Commission shall establish a grant program to provide assistance to eligible States. (b) ELIGIBILITY. —To be eligible for a grant under the program, a State shall- PUBLIC LAW 110- 140 -DEC. 19, 2007 121 STAT. 1797 (1) demonstrate to the satisfaction of the Commission that it has a State statute, or that, after the date of enactment of this title, it has enacted a statute, or amended an existing statute, and provides for the enforcement of, a law that — (A) except as provided in section 1406(a)(1)(A)(i), applies to all swimming pools in the State; and (B) meets the minimum State law requirements of section 1406; and (2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require: (c) AMOUNT OF GRANT. —The Commission shall determine the amount of a grant awarded under this title, and shall consider — (1) the population and relative enforcement needs of each qualifying State; and (2) allocation of grant funds in a manner designed to pro- vide the maximum .benefit. from__the program in..terms of pro- tecting children- from drowning or entrapment, and, in making that allocation, shall give priority to States that have not received a grant under this title in a preceding fiscal year. (d) USE OF GRANT FUNDS. A State receiving a grant under this section shall use — (1) at least 50 percent of amounts made available to hire and train enforcement personnel for implementation and enforcement of standards under the State swimming pool and spa safety law; and (2) the remainder— (A) to educate pool construction and installation compa- nies and pool service companies about the standards; (B) to educate pool owners, pool operators, and other members of the public about the standards under the swim- ming pool and spa safety law and about the prevention of drowning or entrapment of children using swimming pools and spas; and (C) to defray administrative costs associated with such training and education programs. (e) AUTHORIZATION OF APPROPRIATIONS. —There are authorized to be appropriated to the Commission for each of fiscal years 2009 and 2010 $2,000,000 to carry out this section, such sums to remain available until expended. Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated at the end of fiscal year 2010 shall be retained by the Commission and credited to the appropriations account that funds enforcement of the Consumer Product Safety Act. SEC. 1406. M 31UM STATE LAW REQUIREMENTS. 15 USC 8005. (a) IN GENERAL. — (1) SAFETY STANDARDS. —A State meets the minimum State law requirements of this section if— (A) the State requires by statute - (i) the enclosure of all outdoor residential pools and spas by barriers to entry that will effectively pre- vent small children from gaining unsupervised and unfettered access to the pool or spa; (ii) that all pools and spas be equipped with devices and systems designed to prevent entrapment by pool or spa drains; 121 STAT. 1798 PUBLIC LAW 110- 140 —DEC. 19, 2007 (iii) that pools and spas built more than 1 year after the date of the enactment of such statute have— J) more than 1 drain; (II) 1 or more unblockable drains; or (III) no main drain; (iv) every swimming pool and spa that has a main drain, other than an unblockable drain, be equipped with a drain cover that meets the consumer product safety standard established by section 1404; and (v) that periodic notification is provided to owners of residential swimming pools or spas about compliance with the entrapment protection standards of the ASME /ANSI A112.19.8 performance standard, or any successor standard; and Notification. (B) the State meets such additional State law require - Comment period. ments for pools and spas as the Commission may establish _after public _ notice and .a 30 -day public comment period. (2) NO LIABILITY INFERENCE ASSOCIATED WITH STATE NOTIFICATION REQUIREMENT. —The minimum State law notifica- tion requirement under paragraph (1)(A)(v) shall not be con- strued to imply any liability on the part. of a State related to that requirement. (3) USE OF MINIMUM STATE LAW REQUIREMENTS. —The Commission— (A) shall use the minimum State law requirements under paragraph (1) solely for the purpose of determining the eligibility of a State for a grant under section 1405 of this Act; and (B) may not enforce any requirement under paragraph (1) except for the purpose of determining the eligibility of a State for a grant under section 1405 of this Act. (4) REQUIREMENTS TO REFLECT NATIONAL PERFORMANCE STANDARDS AND COMMISSION GUIDELINES. —In establishing min- imum State law requirements under paragraph (1), the Commission shall— (A) consider current or revised national performance standards on pool and spa barrier protection and entrap - went prevention; and (B) ensure that any such requirements are consistent with the guidelines contained in the Commission's publica- tion 362, entitled "Safety Barrier Guidelines for Home Pools ", the Commission's publication entitled "Guidelines for Entrapment Hazards: Making Pools and -Spas Safer ", and any other pool safety guidelines established by the Commission. (b) STANDARDS. — Nothing in this section prevents the Commis- sion from promulgating standards regulating pool and spa safety or from relying on an applicable national performance standard. (c) BASIC ACCESS- RELATED SAFETY DEVICES AND EQUIPMENT REQUIREMENTS TO BE CONSIDERED. —In establishing minimum State law requirements for swimming pools and spas under sub - section (a)(1), the Commission shall consider the following require- ments: (1) CovERS. —A safety pool cover. - (2) GATES. —A gate with direct access to the swimming pool or spa that is equipped with a self - closing, self - latching device. PUBLIC LAW 110 - 140 —DEC. 19, 2007 121 STAT. 1799 (3) DOORS. —Any door with direct access to the swimming pool or spa that is equipped with an audible alert device or alarm which sounds when the door is opened. (4) POOL ALARM. —A device designed to provide rapid detec- tion of an entry into the water of a swimming pool or spa. (d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERATION PREVEN- TION STANDARDS TO BE REQUIRED. — (1) IN GENERAL. —In establishing additional minimum State law requirements for swimming pools and spas under sub- section (a)(1), the Commission shall require, at a minimum, 1 or more of the following (except for pools constructed without a single main drain): (A) SAFETY VACUUM RELEASE SYSTEM. A safety vacuum release system which ceases operation of the pump, reverses the circulation flow, or otherwise provides a vacuum release at a suction outlet when a blockage is detected, that . has_. been tested_ by an-.independent third party and found to conform to ASME /ANSI standard A112.19.17 or ASTM standard F2387, or any successor standard. (B) SUCTION - LIMITING VENT SYSTEM. —A suction -lim- iting vent system with a tamper- resistant atmospheric opening. (C) GRAVITY DRAINAGE SYSTEM. A gravity drainage system that utilizes a collector tank. (D) AUTOMATIC PUMP SHUT -OFF SYSTEM. An automatic pump shut -off system. (E) DRAIN DISABLEMENT. —A device or system that dis- ables the drain. (F) OTHER SYSTEMS. Any other system determined by the Commission to be equally effective as, or better than, the systems described in subparagraphs (A) through (E) of this paragraph at preventing or eliminating the risk of injury or death associated with pool drainage sys- tems. (2) APPLICABLE STANDARDS. —Any device or system described in subparagraphs (B) through (E) of paragraph (1) shall meet the requirements of any ASME /ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard. SEC. 1407. EDUCATION PROGRAM (a) IN GENERAL. —The Commission shall establish and carry out an education program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. In carrying out the program, the Commission shall develop — (1) educational materials designed for pool manufacturers, pool service companies, and pool supply retail outlets; (2) educational materials designed for pool owners and' operators; and (3) a national media campaign to promote awareness of pool and spa safety. (b) AUTHORIZATION OF APPROPRIATIONS. —There are authorized to be appropriated to the Commission for each of the fiscal years 2008 through 2012 $5,000,000 to carry out the education program authorized by subsection (a). 15 USC 8006. 121 STAT. 1800 PUBLIC LAW 110 - 140 -DEC. 19, 2007 15 USC 8007. SEC. 1408. CPSC REPORT. Not later than 1 year after the last day of each fiscal year for which grants are made under section 1405, the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by that section. TITLE XV- REVENUE PROVISIONS SEC. 1500. AMENDMENT OF 1986 CODE. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 1501... EXTENSION OF ADDITIONAL 02 PERCENT FUTA_SURTAX. 26 USC 3301. (a) IN GENERAL.— Section 3301 (relating to rate of tax) is amended — (1) by striking "2007' in paragraph (1) and inserting "2008 ", and (2) by striking "2008" in paragraph (2) and inserting "2009 ". 26 USC 3301 (b) EFFECTIVE DATE. —The amendments made by this section note. shall apply to wages paid after December 31, 2007. SEC. 1502. 7 -YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL COMPANIES. 26 USC 167. (a) IN GENERAL.— Subparagraph (A) of section 167(h)(5) (relating to special rule for major integrated oil companies) is amended by striking "5- year" and inserting "7- year ". 26 USC 167 note. (b) EFFECTIVE DATE. —The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. ATTACHMENT "H" Commercial Aquatics Services, Inc. Leak Detection Testing Analysis March 31, 2010. I' 332 Bell Ave. 2 -F Tustin, CA 92780 Call Toll Free: 1- 877 -S WIMCAS Fax Toll Free: 1- 877- SWIMFAX W W"W.SWIMCAS.COM City of Seal Beach Tim Kelsey, Community Services Supervisor 211 Eighth St. Seal Beach, CA 90740 Subject: Leak Detection report for the pool located at: McGaugh Swim Centen'The leak test was performed on: Saturday, March 27, 2010. The following is a summary of the leak test performed on the above date: Guidelines: The pool is approximately forty, (40), plus years old and consists of one large pool with a smaller pool connected to the larger pool via connecting flow lines, (2). The plumbing system appears to be galvanized coated steel. The galvanized is a zinc coating which is very old style. Industry standard today is Schedule 40 PVC. The branch lines through the walls into the return inlets are copper. Return plumbing was pressure and dye tested. The pool light housings are copper as well. Industry standard today is plastic or stainless steel as copper deteriorates in a chemical based water environment. Upon testing, the following areas are the cause of water loss at the facility: Expansion Joint: The large pool expansion joint which divides the pool so that the large structural bodies can move independently due to thermal expansion of the concrete structure, leaks badly, particularly at the wall areas near the water line. The expansion joint needs to be replaced with approximately 90 linear feet of expansion joint filler (Deck -O- Seal). Surge Pit Overflow: This appears to be the most prominent leak at the facility. As the expansion joint is faulty at the tile line at the gutter, water constantly flows from the pool into the gutters and then flows to the surge pit. Currently, water overflows the surge pit and leaks out the overflow pipe and into the drainage system. This occurs because the pool automatic fill (used to regulate water height in the pool) is not operating properly along with the modulating float valve (which regulates the flow of water from the surge pit to the pump). This is the most significant source of water loss. Large amounts of water are flowing out the drain line in an effort to keep the pool water level at the correct height (which should be slightly below the gutter system water level). Repairing the pool automatic fill and modulating float valve will stop the surge pit overflow which is sending massive amounts of water out the drain. Filtration System: The current filtration system is a severe and immediate hazard and also a major cause of water loss. The filter backwash valves have failed and the tanks are leaking profusely. This is causing water to backup through the backwash valves and up through the multiport, then out the multiport drain line. This is a constant stream of water, equivalent to having a garden hose turned on for 24 hours a day. In addition, there are multiple leaks within the filters. The tanks are rusted and leaking from multiple rust spots and holes. The current filters are rusted through and in danger of rupturing at any time. If the filters continue to operate and additional leaks occur, the entire pump room could flood, causing damage to the heater, salt water chlorine generation system, main circulation pump, etc. In addition, the filter media (high rate sand) in the filters would be pushed through the system and into the heaters, pump, motor and eventually the pool. Equipment Leaks: The fill pipe into the surge pit has a constant leak at the base. It is recommended that this area be repaired to alleviate the leak. The heater bypass piping has a pinhole leak and needs to be repaired. This leak is causing air to be drawn into the piping and then out the return lines. Small Pool Skimmers: There are two Swimquip black bottom type skimmers. These skimmers are defective due to the material used in the skimmers construction: Bakelite plastic & ABS plastic. These skimmers leak and it is recommended that they be replaced. The skimmers to equipment suction line leaks under or near one skimmer. Once the skimmer is removed the plumbing needs repair and then the plumbing line can be retested for additional leaks. The following areas were not found to be leaking: Large Pool: Return plumbing system was pressure tested and return plumbing system holds pressure, indicating there are no significant leaks in the return plumbing system. Large Pool to Small Pool: Equalizer connection lines were pressure tested and these lines hold pressure as well, indicating there are no significant leaks in the equalizer connection lines. Small Pool Return Lines: These lines were pressure tested and the small pool return lines hold pressure, indicating there are no significant leaks in the small pool return lines. Light Housings: Light housings were removed and dye tested and there are no significant leaks. Conclusions: The majority of the water loss is due to the surge pit overflow (caused by automatic pool fill and modulating float valve failures), the expansion joints and the filtration system. These areas should be addressed immediately. Secondary considerations, and to a much smaller percentage of the total water loss, are the leaks at the small pool skimmers and the small pool suction lines. Recommendations: Repair immediately the surge pit; replace the expansion joints and the existing filtration system. These repairs will considerably reduce the water loss at the facility to an acceptable and normal level and ensure that the facility will be able to remain open for several more years. It is also recommended that equipment leaks in the pump room be addressed by repairing leaking pipes. The small pool skimmers should also be replaced. The current pool shell, lights and deck are in acceptable condition and do not need repair. The recommended repairs can be completed in a 4 -6 week timeframe and do not require demolition of the existing deck. The pools will need to be drained to accommodate some of the work, but if work is started within the next 2 -3 weeks the pools will be operational well in time for the summer season. Additional recommendations include replacing the main drain covers in the pool and skimmer equalizer covers in wader pool to comply with the Federal Virginia Graeme Baker Pool and Spa Safety Act, the city is currently not in compliance with this law. This work should be completed while the pools are drained. The city should also consider making moderate repairs to the pump room to keep the facility operational for the next few years. Commercial Aquatic Services, Inc. is a Licensed California Contractor with License Classifications: General B, C -10, C -53, D -35 (License # 790345). The crew at Commercial Aquatic Services has over 50 years of experience in the commercial pool industry and takes pride in their work. Should you have any questions, please contact Director of Operations, Heather Woodland at (714) 488- 4302 or via email: heather @swimcas.com if you have any questions. Thank You, David Woodland President, Commercial Aquatic Services, Inc. (877) SWIMCAS (794 -6227) dave @swimcas.com ATTACHMENT 461" Orange County Health Care Agency Informational Bulletin re: Virginia Graeme Baker Pool & Spa Safety Act To: Owners/Operators of Public Pools Located in Orange County Subject: New Safety Laws Regarding Suction Entrapment Hazards in Public,Swimming Pools Assembly Bill No. 1020 (AB 1020) has amended the California Health & Safety Code regarding public pools. This informational bulletin is intended to guide pool owners and operators in complying with the new suction entrapment hazard requirements for existing pools, constructed prior to January 1, 2010. For construction requirements for new pools, please see our pool construction guide at http: / /ochealthinfo.com /regulatory /pool. The new law incorporates much of the current Federal Law known as the Virginia Graeme Baker Act (VGBA), enforced by the Consumer Product Safety Commission. The Federal Law required all upgrades be completed by December 19, 2008. This bulletin does not address the Federal requirements. More information on the Federal Law can be found at www.cpsc.gov. A. Existing Public Swimming Pools (constructed prior to January 1 2010) Beginning January 1, 2010 California Health & Safety Code required all existing public swimming pools be retrofitted with anti - entrapment devices or systems that comply with ASME/ANSI or ASTM performance standards '(or any applicable performance standard that has been adopted by the Department) no later than June 30, 2010. Swimming pools with existing dual main drain systems need only to upgrade the type of drain covers /grates to new covers meeting the ASME/ANSI Al 12.19.8 performance standard. Some, but not all, of the new drain covers /grates will require a modification to the sump beneath the cover or grate. Skimmer equalizers are considered submerged suction outlets and shall also be protected by the compliant drain covers. If each pool pump's single suction outlet systems are protected with an ASME/ANSI or ASTM compliant single - unblockable drain cover, it shall be considered compliant with the new law. Any existing public swimming pool with a single single- suction pulet system, that is not protected by a single ASME/ANSI or ASTM compliant unblockable drain cover, shall be equipped with a drain cover /grate meeting the ASME /ANSI Al 12.19.8 performance standard and at least one or more of the following devices or systems that are designed to prevent physical entrapment by the pool drains: 1, A safety vacuum release system that has been tested by a Department-approved independent third party and found to conform to ASME/ANSI Al 12.19.17 or ASTM F2387 performance standard.' 2. A suction - limiting vent system with a tamper resistant atmospheric opening provided that it conforms to any applicable ASME/ANSI or ASTM performance standard,* 3. A gravity drainage system that utilizes a collection tank, provided that it conforms to any applicable ASMEIANSI or ASTM performance standard. 4. An automatic pump shut -off system tested by a Department - approved independent third party and found to conform to any applicable ASME/ANSI or ASTM performance standard. 5. Any other system that is deemed, in accordance with federal law, to be equally effective as or more effective than, the systems described in 1-4 above at preventing or eliminating the risk of injury or death associated with pool drainage systems. *Safety vacuum release systems and automatic puma shut -off systems: Environmental Health will not be responsible for determining whether the safety vacuum release system or automatic pump shut -off system has been properly installed per manufacturer's instructions, as long as it is functioning property, has been calibrated, is being property maintained or will be periodic* tested, both now and in the future. This will be the responsibility of the owner /operator. New Safety Code Law for Pools Rev. 1128/2010 1241 E. DYER RoAo, Sum 120, SANTA ANA, CA 92705 -5611 Telephone: (714) 433 -6000 / FAX: (714) 433 -6423 13. Completion Notification for all Public Pools not vet Retrofitted or Retrofitted after January 1. 2010 1. Plan Review Required for Pool Remodels: A person proposing to construct, reconstruct, or after a public pool or auxiliary structure or equipment shall submit legible plans and specifications to Environmental Health for review and written approval prior to commencing the work. Necessary approvals shall also be obtained from the local building authority. A Compliance Form will be required to be completed by the pool owner and /or pool contractor following the final inspection of the retrofit project. That Form will be issued by the plan check inspector completing the final inspection. 2. Limited Suction Entrapment Retrofit (plan review exception): In lieu of plans and inspections, a post - work over -the- counter contractor verification approval is allowed for limited suction entrapment retrofits. The work shall be conducted by an appropriately licensed Swimming Pool Contractor. Necessary approvals shall still be obtained from the local building authority. The counter review from shall be submitted in person at Orange County Environmental Health. There is a $56.50 Plan Check fee per body of water. If the project includes more than solely a suction entrapment retrofit (such as re- plastering, re- plumbing, etc.) then plans are required as noted in section 1 above. C. Completion Notification for existing Public Pools- retrofitted- before - December 31, 2009 1. If the work has been completed and the proper form has been submitted in person notifying Environmental Health of the retrofit, no further action is necessary. 2. If an over- the - counter contractor verification form was submitted and the work has not been done the pool owner needs to follow one of the two procedures noted above in section B. 3. If the work was completed without prior approval by Environmental Health then the pool owner must immediately follow one of two the procedures noted above in section B. D. California Department of Public Health (CDPH) Surcharge CDPH has mandated an annual fee of $6.00 for each pool (swim, spa, wade, etc.). The purpose for this fee is to fund State oversight of the Recreational Health Laws and Regulations. Starting January 1, 2010 Environmental Health will be assessing this annual fee on the behalf of CDPH. E. Enforcement Pools not retrofitted by the June 30, 2010 deadline are subject to closure. F. For More Information For more information, please contact Environmental Health at (714) 433 -6000 or visit our web page at http: /Iocheafhinfo.com /regulatory/pool. 1241 E. DYER ROAD, SUITE 120, SANTA ANA, CA 92705 -5611 Teiephone: (714) 433 -6000 / FAX: (714) 433 -6423 Page 2 of 2 ATTACHMENT "J" (4) alternative site plans for community pool (Zoeter, Tennis Center, Marina, McGaugh) Z Ile tY 0 Z Y CD m co Z _j 0 < Lu 0 LU C) z z 2 LU q Ln Lf) w<2 m cy) 64. _j >- W u Of Qj we UJ w LL w 0 < J LL U) Z Ile tY IS z 9, Q Ln 00 II w co E CD CO 0 Z Y CD m Z _j 0 < Lu 0 LU C) z z 2 LU 0-0 00- w<2 m _j >- IS z 9, Q Ln 00 II w co E CD CO CD m Z _j 0 < Lu 0 LU C) z z 2 LU 0-0 00- w<2 m _j >- W u Of UJ w LL w 0 < J LL U) cs M, Qg On ATTACHMENT "K" RESOLUTION NO. 5987 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DEEMING CERTAIN WORK TO BE OF URGENT NECESSITY PURSUANT TO THE CITY CHARTER FOR REPAIR OF THE MCGAUGH POOL RESOLUTION NUMBER 5987 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DEEMING CERTAIN WORK TO BE OF URGENT NECESSITY PURSUANT TO THE CITY CHARTER FOR REPAIR OF THE MCGAUGHPOOL THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. For many years, the pool located at McGaugh Public School has been open to the public. Residents of the City of Seal Beach and surrounding communities have used the pool for decades. The City has recently received . reports that the pool has been leaking. The City contracted with independent consultant Commercial Aquatics Services, Inc., a licensed California contractor, to perform and analyze leak detection test of the pool facility on March 27, 2010. As stated in the accompanying staff report dated April 12, 2010, the leak detection testing has identified leaking in the following areas: expansion joint; surge pit; filtration system; fill pipe; heater bypass piping; and two skimmers. Thus, the pool is leaking at a high rate and requires immediate repairs to remain functional. Section 2. The pool is currently not in compliance with the Virginia Graeme Baker Pool and Spa Safety Act ( "VGBA "). The VGBA requires that all pools and spas in the United States be equipped with anti - entrapment devices on all drain covers. As of July 1, 2010, the Orange County Health Care Agency ( "OCHCA ") will enforce the VGBA. Non - compliance with the VGBA can result in the closure of pool facilities as OCHCA has indicated its inspectors will enforce compliance through conducting their regular inspections. Section 3. The City's 2010 summer program is scheduled to begin on June 21, 2010. Section 4. On March 24, 2010, the City's Parks and Recreation Commission voted unanimously to recommend that the City Council support pool repairs as necessary to comply with the VGBA and keep the pool open through summer programming. Section 5. Based upon the foregoing, and based upon the record, including but not limited to the staff report and public comment, and in accordance with Section 1010 of the Official Charter of the City of Seal Beach, the Council deems that work, supplies and materials needed for the repair of the pool are of urgent necessity for the preservation of life, health or property and hereby authorizes the City Manager to let contracts for such repair without advertising for bids. (Intentionally Left Blank) Resolution Number 5987 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 12th day of April , 2010 by the following vote: AYES: Council Members NOES: Council Memb ABSENT: Council Members ABSTAIN: Council Members ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Mayor I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5987 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th r day of April 2010. City Clerk