AVALON CITY COUNCIL MEETING WHICH WILL ALSO INCLUDE
A MEETING OF THE CITY COUNCIL ACTING AS
THE HOUSING AUTHORITY
TUESDAY, MAY 2, 2023 - 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this neeting, please contact the City Clerk's Office (310) 510-0220. Notification 48 hours prior to the meeting wil enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102
35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON'S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once the Council Chambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to [email protected].
For the public's convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/meetings
*Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
FOR REMOTE PUBLIC PARTICIPATION
1) Join the Meeting via Phone Conference (Voice Only):
Phone Number: (669) 444-9171,
Meeting ID: 874 2582 9292
Passcode: 311019
When you would like to comment during the meeting enter *9 on the phone's key pad to activate the "raise hand" button at the time the Agenda Item is being presented for City Council consideration.
HOUSING AUTHORITY/CITY COUNCIL AGENDA
MAY 2, 2023
PAGE 2
CALL TO ORDER / ROLL CALL/ PLEDGE OF ALLEGIANCE / INVOCATION
ANNOUNCEMENTS / WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT / CITY ATTORNEY REPORT
COUNCILMEMBER REPORTS / MAYOR REPORT
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.
PRESENTATIONS:
1. Finance Director Matthew Baker will provide an update on the current draft of the Fiscal Year 2023-2024 operating budget, including proposed requests related to staffing, maintenance and contract services.
CONSENT CALENDAR
Minutes
Although the live recording is the official record of public meetings, actions are prepared for the Council's approval.
Recommended Action
Approve minutes from the April 4, 2023 regular City Council Meeting.
Warrants
Expenditures Submitted for Approval
• Warrants in the amount of $580,406.82.
• One payroll in the amount of $216,712.14.
• One electronic fund transfers totaling $1,493.74.
Recommended Action
Approve total expenditures for April 10, 2023 through April 21, 2023 totaling $798,612.70.
Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
As the State of Emergency has ended, the City Council can continue to hold virtual meetings without providing notice of the City Council's teleconference location if the City Council makes the following two findings: 1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
2. The City Council reconsiders the circumstances of the state of the emergency and danger presented by COVID-19; Having made the findings, the City Council can continue
HOUSING AUTHORITYICITY COUNCIL AGENDA
MAY 2, 2023
PAGE 3
every 30 days to authorize meetings under AB 261 to protect the health or safety of attendees.
Recommended Action
Reconsider the circumstances of COVID-19 state of emergency proclaimed by the Adopt an Ordinance Amending Chapter 4-4.1703 of the Vehicle Code Setting a Date for Mandating Electrification of Commercial Autoettes
This ordinance was introduced, and all readings waived during the April 18, 2023 regular City Council Meeting. In December 2022, the City Council held a Special City Council meeting to discuss vehicles in Avalon. By consensus, the City Council directed Staff to move forward on implementing a phased action plan to speed up the state established timeline for conversion from gas to electric vehicles by requiring new commercial autoettes to be electric.
Recommended Action
Adopt an ordinance of the City of Avalon amending Chapter 4-4.1703 of the Avalon Municipal Code, setting a date for mandating electrification of commercial autoettes.
GENERAL BUSINESS
5. Authorize Budget Amendment for Purchase of Replacement K-Rail Fence Panels and Saddles
Fence panels are used in conjunction with k-rails to create debris barriers along Pebbly Beach Road and St. Catherine Way. Public Works has been replacing these fence panels along Pebbly Beach Road and St. Catherine Way as needed. The heavy rains we experienced this past winter/spring has taken a large toll upon our hillsides, which has forced us to replace many of these fence panels thus depleting our inventory.
Recommended Action
(1) Authorize a budget amendment increasing the Pebbly Beach Road Rip Rap Project (Project #180008) and fund #10575-6547 by $55,000. (2)Authorize the City Manager, or their designee, to procure, per the City's purchasing policy, twenty (20) new k-rail fence panels, and twenty-one (21) fence panel saddles from Boulder Contracting Company at a cost not to exceed $55,000.
Authorize Budget Amendment for Change Orders for Via Casino Arch Restoration A series of significant storms contributed to the deterioration of paint & stucco that was already in poor condition on the Via Casino Arch - an iconic architectural structure in Avalon. The project was completed in January 2023. Due to unpredicted winter weather, concealed conditions, and other strategic upgrades, five change orders were authorized by City Staff while the project was underway.
HOUSING AUTHORITYICITY COUNCIL AGENDA
MAY 2, 2023
PAGE 4
Recommended Action
(1) Approve change orders one (1) through five (5) provided by MKS Specialty Finishes Inc. (2) Amend the FY22-23 Budget by increasing the Casino Way Improvements Capital Improvement Expenditure Account 10470-6679 by $65,000; and (3) Authorize the additional expenditure of $80,600.92 to MKS Specialty Finishes, Inc. for the Via Casino Arch Restoration Project.
** The following General Business Item is the City Council acting as the Housing Authority***
7. Retaining Wall at 206 E. Whittley
In October 2019, the City Council authorized City Staff to develop a site plan and feasibility study for the development of five additional units through the replacement of a stand-alone single unit structure located on the southeastern portion of the property. In developing the plan for the second building, geotechnical engineers determined remediation is necessary for an existing retaining wall.
Recommended Action
(1) Approve of the design and construction documents for the 206 E. Whittley Retaining Wall Project. (2) Authorize the City Manager or his designee to develop and release of a Request for Proposal for qualified contractors to build a retaining wall and associated roadway improvements at 206 E. Whittley.
ADJOURN
NOTICE OF POSTING
1, Devin Elise Hart, declare that the City Council Agenda for Tuesday, May 2, 2023 was posted on Wednesday, April 26, 2023 on the City's website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.
Di Clice Hout
Devin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: May 2, 2023 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: DW
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the April 4, 2023 Special City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.
FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk's office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
• April 4, 2023 Minutes
SPECIAL MEETING OF THE AVALON CITY COUNCIL
TUESDAY, APRIL 4, 2023 - 1:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
MINUTES
Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON'S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once the Council Chambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19.
Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to [email protected].
CALL TO ORDER-1:36 p.m.
ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and Deputy City Clerk Gabrielle Morones.
1. Meet and Greet with Assembly member Josh Lowenthal.
CLOSED SESSION- 2:11 p.m. - 3:15 p.m.
Following the appropriate announcement of the Closed Session item, the City Council went into Closed Session to discuss the following:
1. REAL PROPERTY NEGOTIATIONS
Property: 128 Marilla Avenue
Agency Negotiator: City Manager
Negotiating Parties: City Manager and Captains Foundation Under Negotiation: Price and Terms of Payment
Following Closed Session the City Manager announced that there was no reportable action.
WRITTEN COMMUNICATIONS-None.
ORAL COMMUNICATION-City staff received two emails via ask.com from South Coast AQMD regarding their upcoming virtual community workshops and from LoveCatalina's President and CEO Jim Luttjohan regarding the Job Fair.
SPECIAL CITY COUNCIL MINUTES
APRIL 4, 2023
PAGE 2
PRESENTATIONS:
1. Eric O'Donnell, Deputy Director of Townsend Public Affairs, provided a legislative update.
2. Elizabeth Gastelum, Dane Jones, Eduwigis Reyes and Tessa Hernandez of the Tarzana Treatment Center, provided a presentation identifying the services available to the community.
CONSENT CALENDAR-There were 8 Items on the Consent Calendar. Item #8 was pulled for further discussion. Motion to approve Items #1-7 made Lisa Lavelle, seconded by Michael Ponce. (All Ayes)
Minutes
Approved minutes from the March 21, 2023 regular City Council Meeting.
Warrants
Approved warrants in the amount of $524,108.30, one payroll in the amount of $215,079.03, two electronic fund transfers totaling $40,580.46 for a total expenditure of $779,767.79 for March 13, 2023 through March 24, 2023.
3. Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
City Council reconsidered the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-19's continued impact and determined that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.
4. Request for Proposals for Community Income Survey
Authorized City Staff to publish a request for proposal (RFP) for consultant services to conduct a Community Income Survey.
Request for Proposals for Professional Audit Services
Authorized City Staff to solicit requests for proposals (RFP) to provide professional auditing services for the fiscal years ending June 30, 2023 (FY23), 2024 (FY24), and 2025 (FY25).
Fourth of July Barge 2023
Authorized the City Manager or his designee to execute an agreement with Curtin Maritime for barge services during the 2023 Fourth of July City of Avalon fireworks display for a not-to-exceed $30,000 sum.
Fourth of July Fireworks Vendor
Authorized the City Manager or his designee to execute an agreement with Garden State Fireworks, Inc. to provide the firework show on the Fourth of July.
SPECIAL CITY COUNCIL MINUTES
APRIL 4, 2023
PAGE 3
PULLED ITEM
Special Permit - Vending Machine located at 112 Catalina Avenue (Avalon Liquor) (1) Authorized the issuance of a special permit to Avalon Liquor to offer a vending machine outside its retail location but within its property line on 112 Catalina Avenue. (2) Delegated authority to the City Manager to approve special permits for amusement, vending, or service machines offered to the public.
Motion to approve made by Lisa Lavelle, seconded by Mary Schickling. (All Ayes)
GENERAL BUSINESS
Guided Golf Cart Tours Discussion
City Council discussed vehicle congestion and if the City should establish a minimum or maximum number of allowable vehicles for the guided golf cart tours operating in the City of Avalon. Direction was given to staff to continue to accept applications and to not regulate the issuance of transportation permits.
TAKEN OUT OF ORDER
PUBLIC HEARING - 5:00 Р.M.
11. IDA Article 8 Hearing
1. Mayor Marshall opened the Public Hearing. 2. Comments were heard from Councilmember Lavelle in regards to: a) Have Metro look into micro transit and point- to-point transit system in addition to or in place of a fixed-rate transit system to better serve the full time residents in Avalon. b) The possibility for Metro and Caltrans to look at routes that are public right-of-ways and how they are designated for public right-of- ways that go over the ocean and/or over private property. 3. Mayor Marshall closed the Public Hearing.
10. Capital Improvement Project Discussion
City Council heard the presentation from the Finance Director regarding Capital Improvement Projects. City Council directed staff to add the following to the Capital Improvement Plan:
-Additional emergency exists at Joe Machado Field.
-Additional swing set to an existing park.
-Inquire about erosion netting.
-Possible transition from a fixed-route transit system to a point-to-point transit system. -Electrification-Infrastructure for charging stations as California moves to accelerate to 100% new zero-emission vehicle sales by 2035.
-AV Improvements-Spanish captioning and Spanish translation services for meetings. - Set aside funds annually for building projects moving forward.
SPECIAL CITY COUNCIL MINUTES
APRIL 4, 2023
PAGE 4
Mayor Marshall adjourned the meeting at 5:55 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on April 4, 2023, is the official record of the Council Meeting and is on file and maintained in City Hall.
Sobiella Mones
Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant
CITY OF AVALON CITY COUNCIL
MEETING DATE: May 2, 2023 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: DUM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for April 10, 2023 through April 21, 2023 totaling $798,612.70.
REPORT SUMMARY: These disbursements through April 10th are comprised of warrants totaling $580,406.82, one payroll totaling $216,712.14, and other electronic fund transfers totaling $1,493.74.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 35860-35913 $ 580,406.82 04/14/23 PAYROLL 216,712.14 04/21/23
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,493.74 04/21/23 TOTAL DISBURSEMENTS $ 798,612.70
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY22-23 Budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Detail
CITY OF AVALON
APRIL 10, 2023 - APRIL 21, 2023 DISBURSEMENTS
May 2, 2023
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 35860-35913 $ 580,406.8 04/14/23 PAYROLL 216,712.14 04/21/23
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,493.74 04/21/23 TOTAL DISBURSEMENTS S 798,612.70
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATE
AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.
APPROVED AND AUDITED THIS
2nd DAY OF MAY 2023 I CERTIFY UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND
CORRECT.
AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS Znd DAY OF MAY 2023
AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER
CITY OF AVALON
APRIL 10, 2023 - APRIL 21, 2023 DISBURSEMENTS
May 2, 2023
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
35860 04/14/2023 397.49 ACTION SALES & METAL CO. SUPPLIES - HARBOR 35861 04/14/2023 85.70 AIR SOURCE INDUSTRIES SUPPLIES - FIRE 35862 04/14/2023 2,193.01 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPARTMENTS 35863 04/14/2023 159,947.48 AVALON ENVIRONMENTAL SVCS ANNUAL PERMIT, CONTRACT SERVICES - 03/2023 35864 04/14/2023 1,678.93 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPARTMENTS 35865 04/14/2023 768.00 HICKMAN, JESSICA SERVICE - RECREATION 35866 04/14/2023 2,461.50 BEYOND SOFTWARE SOLUTIONS CONTRACT SERVICES - IT 35867 04/14/2023 699.86 BROWN, MARISA RETIREE INSURANCE - 04/2023 35868 04/14/2023 672.88 CATALINA BEVERAGE CO SUPPLIES - ALL DEPARTMENTS 35869 04/14/2023 67,312.00 CATALINA BOATYARD INC SERVICE - HARBOR 35870 04/14/2023 57,308.70 CATALINA EXPRESS 2ND HALF 03/2023 35871 04/14/2023 8,690.00 CATALINA ISLAND COMPANY RENT - 04/2023 35872 04/14/2023 39,609.19 CATALINA ISLAND MEDICAL CENTER SALES TAX PASS THRU 35873 04/14/2023 924.00 CATALINA ISLANDER ADVERTISING - ALL DEPARTMENTS 35874 04/14/2023 695.20 CHARLIES CATALINA CANTINA SENIOR MEALS - 03/2023 35875 04/14/2023 5,205.00 CHAVEZ BOAT PAINTING, LLC SERVICE - HARBOR 35876 04/14/2023 38,223.61 CIRA LIABILITY INSURANCE, W/C 09-12/2022 35877 04/14/2023 197.81 COAST CART, INC. SUPPLIES - GARAGE 35878 04/14/2023 1,933.46 COASTLINE EQUIPMENT SUPPLIES - PUBLIC WORKS 35879 04/14/2023 388.84 DION & SONS MARINE FUELS INC FUEL - HARBOR 35880 04/14/2023 3,420.00 EAGLE PROTECTION SERVICE, INC. SERVICE - FIRE/HARBOR/ADMINISTRATION 35881 04/14/2023 2,638.62 GRAINGER SUPPLIES - HARBOR/PUBLIC WORKS 35882 04/14/2023 21.06 HERNANDEZ JR.,JORGE REIMB O/P COSTS 35883 04/14/2023 4,435.41 HOME DEPOT CREDIT SERVICES SUPPLIES - PUBLIC WORKS 35884 04/14/2023 $16.95 HOME DEPOT CREDIT SERVICES SUPPLIES - PUBLIC WORKS 35885 04/14/2023 54.70 HOME DEPOT CREDIT SERVICES SUPPLIES - PUBLIC WORKS 35886 04/14/2023 945.00 LUPO, KARLA SERVICE - RECREATION 35887 04/14/2023 2,676.90 ICC GENERAL CODE, INC. SERVICE - ADMINISTRATION 35888 04/14/2023 1,461.75 JORDAHL CONSTRUCTION SUPPLIES - PUBLIC WORKS, HHW DISPOSAL 35889 04/14/2023 10,466.00 JORDAHL CONSTRUCTION SERVICE - PUBLIC WORKS 35890 04/14/2023 205.36 LINDE GAS & EQUIPMENT INC. SUPPLIES - HARBOR 35891 04/14/2023 655.74 FUKUHARA, VICTOR SUPPLIES - PUBLIC WORKS 35892 04/14/2023 572.80 MATTHEWS INTERNATIONAL CORPORATION SUPPLIES - CEMETERY 35893 04/14/2023 617.00 MCCORMICK, ROBERT AMMESTY PROGRAM REFUND 35894 04/14/2023 6,270.64 MCMASTER-CARR SUPPLIES - PUBLIC WORKS/HARBOR 35895 04/14/2023 114,272.65 MONTROSE ENVIRONMENTAL SOLUTIONS CONTRACT SERVICES - 03/2023 35896 04/14/2023 125.25 MORITZ, DONALD REIMB O/P COSTS
35897 04/14/2023 1,148.41 NAPA AUTO PARTS SUPPLIES - GARAGE 35898 04/14/2023 227.00 SAN DIEGO COFFEE, TEA & SPICE, INC. SUPPLIES - FIRE 35899 04/14/2023 3,757.05 POLYDYNE, INC. SUPPLIES - WWTP 35900 04/14/2023 794.08 QUILL CORP SUPPLIES - ALL DEPARTMENTS 35901 04/14/2023 423.48 RICOH USA, INC. COPIER LEASE - PLANNING 35902 04/14/2023 1,396.27 SHERWIN-WILLIAMS SUPPLIES - HARBOR 35903 04/14/2023 9,357.91 SIRIA'S CLEANING SERVICE 1ST HALF 04/2023 35904 04/14/2023 1,241.22 SOUTH COAST AQMD PERMIT FEES - WWTP 35905 04/14/2023 2,625.54 SPECIALTY DOORS SERVICE - FIRE/HARBOR/ADMINISTRATION 35906 04/14/2023 3,385.12 SUPERION, LIC SOFTWARE LEASE - FINANCE 35907 04/14/2023 1,738.00 SWRCB PERMIT FEES - WWTP
CITY OF AVALON
APRIL 10, 2023 - APRIL 21, 2023 DISBURSEMENTS
May 2, 2023
CHECK DATE
NUMBER ISSUED AMOUNT DESCRIPTION
35908 04/14/2023 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC SERVICE - ADMINISTRATION 35909 04/14/2023 31.00 UNDERGROUND SERVICE ALERT/SC SERVICE - PUBLIC WORKS 35910 04/14/2023 335.09 UNITED PARCEL SERVICE FREIGHT - RECREATION 35911 04/14/2023 7,545.04 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 35912 04/14/2023 1,891.92 VERIZON WIRELESS SUPPLES-FARIONS ALL DEPARTMENTS 35913 04/14/2023 761.20 ZOLL MEDICAL CORP.
$ 580,406.82
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID APRIL 14, 2023
May 2, 2023
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT HERNANDEZ 2/16/2023 96.73 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 2/20/2023 20.33 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 2/20/2023 15.64 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 2/20/2023 291.89 CECIL MARINE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 2/20/2023 169.41 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 2/20/2023 200.00 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 2/20/2023 200.00 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 2/20/2023 91.43 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 2/20/2023 160.20 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 2/20/2023 102.17 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 2/20/2023 130.36 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 2/20/2023 78.34 PEBBLY BEACH BUILDING SUPPLY PUMP OUT DOCK MAINTENANCE PUBLIC WORKS HERNANDEZ 2/23/2023 44.11 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 2/23/2023 32.99 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 2/24/2023 90.75 PEBBLY BEACH BUILDING SUPPLY HARBOR MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 2/27/2023 60.70 CONEY ISLAND WEST MEETING SUPPLIES PUBLIC WORKS HERNANDEZ 2/27/2023 28.06 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 2/27/2023 61.03 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 2/27/2023 140.01 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 3/1/2023 687.92 PEBBLY BEACH BUILDING SUPPLY STORM MAINTENANCE PUBLIC WORKS HERNANDEZ 3/2/2023 57.19 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 3/2/2023 83.23 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 3/2/2023 87.76 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 3/3/2023 174.01 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 3/6/2023 39.74 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 3/6/2023 4.39 CHET'S HARDWARE HARBOR MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 3/6/2023 526.45 PEBBLY BEACH BUILDING SUPPLY STORM MAINTENANCE PUBLIC WORKS HERNANDEZ 3/8/2023 822.32 PEBBLY BEACH BUILDING SUPPLY STORM MAINTENANCE PUBLIC WORKS HERNANDEZ 3/9/2023 94.82 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 3/13/2023 117.33 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 3/13/2023 57.18 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 3/13/2023 169.08 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 3/13/2023 93.46 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 3/13/2023 160.00 AVALON GAS STATION FUEL PUBLIC WORKS HERNANDEZ 3/15/2023 31.20 CHET'S HARDWARE MAINTENANCE SUPPLIES PUBLIC WORKS HERNANDEZ 3/15/2023 100.88 AVALON GAS STATION FUEL PUBLIC WORKS CARSTARPHEN 2/23/2023 695.37 HARRY'S MARINE SERVICES BOAT ENGINE MAINTENANCE HARBOR CARSTARPHEN 2/27/2023 119.81 HARRY'S MARINE SERVICES BOAT ENGINE MAINTENANCE HARBOR CARSTARPHEN 3/1/2023 527.78 BEACH AUDIO INC. WEATHER COMMUNICATIONS HARBOR CARSTARPHEN 3/1/2023 3.99 WEATHERFLOW WEATHER SUBSCRIPTION HARBOR CARSTARPHEN 3/6/2023 500.00 DATATEL COMMUNICATIONS PAYMENT SUBSCRIPTION HARBOR CARSTARPHEN 3/8/2023 34.18 HARRY'S MARINE SERVICES BOAT ENGINE MAINTENANCE HARBOR CARSTARPHEN 3/8/2023 83.96 AVALON GAS STATION FUEL HARBOR CARSTARPHEN 3/10/2023 242.39 GO2MARINE FLOAT MAINTENANCE HARBOR CARSTARPHEN 3/13/2023 16.45 CHET'S HARDWARE OFFICE SUPPLIES HARBOR $ 7,545.04 CHECK 35911
CITY OF AVALON CITY COUNCIL
MEETING DATE: May 2, 2023 AGENDA ITEM: 3
ORIGINATING DEP: City Attorney CITY MANAGER: DuM.
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: indings to Continue to Hold Remote Teleconference/Virtual Cit jouncil Meetings Pursuant to Assembly Bill 36
RECOMMENDED ACTION(S): Reconsider the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-19's continued impact and determine that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.
REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings, provided that the physical locations of the legislative body's members joining by teleconference are posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.
Since March of 2020 and the issuance of Governor Newsom's Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council has had virtual meetings without having to post the location of the legislative body members attending virtually.
Most public agencies have been holding public meetings using virtual platforms since this time.
In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30, 2021.
On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect.
Specific Findings Required under AB 361
As the State of Emergency has ended, the City Council can continue to hold virtual meetings without providing notice of the City Council's teleconference location if the City Council makes the following two findings:
1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
2. The City Council reconsiders the circumstances of the state of the emergency and danger presented by COVID-19;
65059.00000134520481.1
Having made the findings, the City Council can continue every 30 days to authorize meetings under AB 261 to protect the health or safety of attendees.
COVID-19 continues to present an imminent threat to the health or safety of members of the public. Although vaccines are now widely available, many people in the State and County are still not fully vaccinated and remain susceptible to infection. The disease can still spread rapidly through person-to-person contact and those in close proximity. During the week of April 24, an average of 1,330 new cases of COVID-19 statewide were reported, an average of COVID-194 deaths per day in the County are occurring and hundreds of people are hospitalized with COVID- 19 in the County Additionally, Cal/OHSA has implemented COVID-19 Prevention Non- Emergency Regulations that will remain in effect until February 3, 2025. The City's economy is dependent upon visitors to the island, the presence of which, increases the likelihood of transmission of the disease. Also, having members of the public attend council meetings at locations where council members are in attendance due to their desire to avoid exposure to COVID-19 poses a risk to the health or safety of attendees.
Re-Authorization is Required Within 30 Days
The City Council made the required findings at its April 4, 2023 City Council meeting. Consistent with the provisions of AB 361, the new findings must be made every 30 days. Thus, if the City Council desires to continue to meet remotely without having to post the location of each teleconference location, the City Council reconsider the facts of the state of emergency and continued impact of COVID-19, find that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and therefore, that remote meetings under AB 361 should continue in order to protect the health or safety of attendees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council will have to follow the Brown Act provisions that existed prior to the COVID-19 pandemic.
FOLLOW UP ACTION: That the City Council make the findings under AB 361 at its June 4, 2023 City Council meeting.
GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: None.
65059.00000134520481.1
CITY OF AVALON CITY COUNCIL
MEETING DATE: May 2, 2023 AGENDA ITEM: 4
ORIGINATING DEP: Administration CITY MANAGER: OrM.
PREPARED BY: David Maistros, City Manager
Devin Hart, Management Analyst
SUBJECT: Adopt an Ordinance Amendment Chapter 4-4.1703 of the Vehicle Code Setting a Date for Mandating Electrification of Commercial Autoettes
RECOMMENDED ACTION(S): 1. Adopt an ordinance of the City of Avalon amending Chapter 4-4.1703 of the Avalon Municipal Code, setting a date for mandating electrification of commercial autoettes.
REPORT SUMMARY: This ordinance was introduced and all further readings waived during the April 18, 2023 regular City Council meeting. On December 14, 2022, the City Council held a Special City Council meeting to discuss vehicles in Avalon.
By consensus, the City Council directed Staff to move forward on implementing a phased action plan to speed up the state established timeline for conversion from gas to electric vehicles by requiring new commercial autoettes to be electric.
After consideration, Staff proposed the following:
1. Amending the Avalon Municipal Code (AMC), Chapter 4-4.1703, requiring all new commercial autoettes to be electric as of January 1, 2024.
2. Adopting a resolution, waving current vehicle hearing fees and City registration fees for commercial autoettes that are purchased in advance of the January 1, 2024 deadline for a period of three years or a period of five years if the gas powered vehicle being replaced is removed from the Island
3. Continue to work with Southern California Edison and other Island stakeholders to establish significant charging infrastructure throughout the City.
Per Chapter 4-4.1703, types of Vehicle Permits Commercial, one commercial autoette permit may be granted to any business license holder located within the City limits without being subject to a waiting period as long as it meets certain criteria. Added to the criteria, effective January 1, 2024, those commercial autoettes must also be electric.
Additionally, the amendment corrects a typo in Section 6. Previously, per this section of the AMC, commercial autoette permits were required to have off street parking between the hours of 12:00 a.m. and 6:00 p.m. With this amendment, the section is corrected to between the hours of 12:00 a.m. and 6:00 a.m. Finally, the ordinance presented includes the language modified when the ordinance was introduced that clarifies that the requirement applies to contracts entered into after January 1, 2024.
GOAL ALIGNMENT: Congestion and infrastructure.
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will not be amended.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Ordinance
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF AVALON AMENDING
TITLE 4, CHAPTER 4, ARTICLE 17 OF THE AVALON
MUNICIPAL CODE, REQUIRING ALL NEW COMMERCIAL
AUTOETTES TO BE ELECTRIC BY JANUARY 1, 2024
WHEREAS, The Council has determined that there are special problems existing in the City relating to the size and nature of the streets and the characteristics and nature of the City itself; and
WHEREAS, In view of these special problems, the Council hereby determines that special rules regulating the size, number, noise, speed, and classes of vehicles used, permitted, or operated on the streets under its jurisdiction are necessary; and WHEREAS, the State of California has recognized transportation as the single largest source of global warming emissions and air pollution in the State; and WHEREAS, the Sate established legislation that will require all new vehicles sold in the State to be zero-emission by 2035; and
WHEREAS, the City Council recognizes gas vehicles as having a harmful effect on Island-life contributing to noise and emission issues; and WHEREAS, the City Council desires to begin to take a measured approach to ensure future compliance with the State's goals to increase the number of zero-emission vehicles in use; and
WHEREAS, the City Council wishes to require all new commercial autoettes to be electric by January 1, 2024; and
WHEREAS, the City wishes to now amend its Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance.
Section 2. Avalon Municipal Code section 4-4.1703 (c) is amended to read as follows (new language is underlined, removed language is struck):
4-4.1703 Types of Vehicle Permits
(c) Commercial Autoette Permits. One commercial autoette permit may be granted to any person, organization, partnership, trust or corporation for use in connection with a commercial enterprise located within the City limits or within three miles of the City limits, without being subject to a waiting period, as follows:
(1) The following findings must be made in an affirmative manner:
a. The commercial autoette for which a permit is requested is necessary to the proper functioning of the commercial enterprise.
b. The commercial enterprise has no other vehicles, autoette or other source of transportation that can reasonably satisfy its transportation requirements, including resident vehicles and autoettes. c. That the autoette measures no more than 130 inches in length, including the front and rear bumpers.
d. The commercial enterprise is a significant source of income to the applicant and not a side business or hobby, or the Hearing Officer determines that shared use of the autoette by two or more businesses owned by the permittee is consistent with the purposes and goals of this chapter, or the autoette is to be used on a full-time basis or an exclusive basis for a business venture or ventures by the permittee. e. Effective January 1, 2024 all purchase or lease agreements for new commercial autoettes must be for certified electric vehicles. (2) An applicant for a commercial autoette permit shall hold a City of Avalon Business License at all times the permit is in effect.
(3) A commercial autoette permit shall be valid for a period of one year only and at the expiration of said period a new commercial autoette permit may be issued only on timely application therefor and after all of the findings set forth in subsection (c)(1) and (2) are made.
(4) The Hearing Officer or City Council may add conditions to the permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.
(5) Commercial autoettes permitted under this subsection (c) shall be provided by the permittee with overnight off-street parking and shall not be parked on any public street or right-of-way between the hours of 12:00 a.m. and 6:00 a.m. p.m. (6) Noncommercial institutional uses or entities may be issued a commercial autoette permit pursuant to the provisions of this paragraph but need not hold a City business license.
Section 5. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional.
Section 6. CEQA Exemption. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance.
Section 7. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.
Section 8. Effective Date. This Ordinance shall become effective on July 1, 2023.
INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 18" day of April, 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this day of. _, 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:
Scott Campbell
Best Best & Krieger, LLP
CITY OF AVALON CITY COUNCIL
MEETING DATE: May 2, 2023 AGENDA ITEM: 5
ORIGINATING DEP: Public Works CITY MANAGER: AMM
PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Authorize a Budget Amendment and Purchase of Replacement K- Rail Fence Panels and Saddles
RECOMMENDED ACTION(S): (1) Authorize a budget amendment increasing the Pebbly Beach Road Rip Rap Project (Project #180008) and fund #10575-6547 by $55,000. (2)Authorize the City Manager, or their designee, to procure, per the City's purchasing policy, twenty (20) new k-rail fence panels, and twenty-one (21) fence panel saddles from Boulder Contracting Company at a cost not to exceed $55,000.
REPORT SUMMARY: City Council previously approved the purchase of thirty (30) k-rail fence panels with saddles back on March 5, 2019 due to the "Valentine Complex" that occurred February 19, 2019. The fence panels are used in conjunction with k-rails to create debris barriers along Pebbly Beach Road and St. Catherine Way. These fence panels were required to be built to certain specifications to allow them to function properly. Only one vendor at that time was found to be able to fabricate these fence panels to the required specifications, which was Boulder Contracting Company (aka Boulder Consultants).
Public Works has been replacing these fence panels along Pebbly Beach Road and St Catherine Way as needed. The heavy rains we experienced this past winter/spring has taken a large toll upon our hillsides, which has forced us to replace many of these fence panels thus depleting our inventory. Boulder Contracting Company is still the only fabricator that meets the desired specifications for these panels, and would be able supply them before the next storm season. Because Boulder Contracting Company is the only vendor who can furnish these materials, this purchase is authorized by the sole source exception to the bidding requirements found in the Municipal Code, Section 3.4.111(b).
FISCAL IMPACTS: Total expenditure not to exceed $55,000 from "Pebbly Beach Road RipRap" (10575-6547). Budget amendment increase by $55,000.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Damaged fence panels will no longer be replaced creating potential road hazards and increased liability. CIRA may also refuse to provide insurance coverage without the protective fence panels in place.
FOLLOW UP ACTION: Complete the procurement following the City's purchasing policy.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Quote from Boulder Contracting Company.
BOULDER CONTRACTING COMPANY
PURCHASE ORDER
Fence Panels and Saddles
BOULDER CONSULTANTS. will provide or be responsible for:
A. 20- 20' K-Rail Fence panels (Pebbly Beach Road)
B. 21 K-Rail Saddles
Specifications:
1-5/8" OD x SS40 WT Rails - Galvanized Finish
2-7/8" OD x SS40 WT Uprights - Galvanized Finish
2" Mesh × 8 GA Finish × 72"H Extruded/Bonded Vinyl Fabric.
Top/Bottom Knuckled Selvage.
5/16" Thick Saddle construction
1) Panels/Saddles to match submittal approval drawings dated 3/11/16. (Original details) 2) Hot dip galvanizing after fabrication for panels/saddles is included 3) Painting is excluded.
4) All framework material to be galvanized finish. Vinyl coating for fabric only. 5) Material sale only. Installation is excluded.
6) Trucking to Long Beach (Avalon Freight)
COST: $49,250.00
OWNER will provide or be responsible for:
1. Cost of barging to Avalon
2. Receiving and transporting on Island
Payment terms: 50% due upon Order. 50% due upon delivery PLEASE NOTE ALL CONTRACTS SHOULD BE MADE OUT TO :
Boulder Consultants
By:
City of Avalon Date
PAGE I OF I
Boulder Contracting Compam 28778 Welcome View: Escondido, CA 92026 Phone: 760 390-8197
CITY OF AVALON CITY COUNCIL
MEETING DATE: May 2, 2023 AGENDA ITEM: 6
ORIGINATING DEP: Public Works CITY MANAGER: Dup
PREPARED BY: Robert Greenlaw, Director of Public Works
Devin Hart, Management Analyst
SUBJECT: Authorize Budget Amendment for Change Orders for Via Casino Arch Restoration
RECOMMENDED ACTION(S): (1) Approve change orders one (1) through five (5) provided by MKS Specialty Finishes Inc. (2) Amend the FY22-23 Budget by increasing the Casino Way Improvements Capital Improvement Expenditure Account 10470-6679 by $65,000; and (3) Authorize the expenditure of $80,600.92 to MKS Specialty Finishes, Inc. for the Via Casino Arch Restoration Project.
REPORT SUMMARY: A series of significant storms contributed to the deterioration of paint & stucco that was already in poor condition on the Via Casino Arch - an iconic architectural structure in Avalon.
To rehabilitate the structure, the original scope of the project was to clean and rehabilitate the exterior stucco finish of the arch. In addition to stripping down and re-plastering damaged areas, the original scope included the application of an ocean resistant protective coating, cleaning and re-grouting the decorative tiles, and repainting of the "Via Casino" lettering.
After an informal bid process, a $55,600 contract was awarded to MKS Specialty Finishes Inc., (Contractor). The project was budgeted in the City's FY 22-23 Capital Improvement Plan - Project #207012, Fund 10470-6679 at $72,000.
Due to unpredicted winter weather, concealed conditions, and other strategic upgrades, five change orders were authorized by City Staff while the project was underway.
Change Order #1 - Site Enclosure
Shortly after the Contractor started work on the project, the Island experienced unprecedented winter weather, including significant cold, rain and wind. In order to expedite the repairs, the Contractor requested to enclose the job site by installing shrink wrap plastic. Without enclosing the structure, the project timeline would have been extended for several weeks, possibly months. Staff believed that expediting the project and restoring public access to the Via Casino Walkway and adjacent roadway was essential to public safety, and authorized the site enclosure.
Change Order #2 - Unforeseen Stucco Failure
The overall level of stucco deterioration was not discernable until the Contractor began working on the structure. After pressure washing the structure and an intensive examination, it was revealed the entire stucco surface of the building was significantly compromised. Mesh fabric that was originally imbedded in the stucco had delaminated from the underlayment on the entire surface of the building. Due to the evidence of mesh failure, the decision was made not to use mesh in the rehabilitation, but rather use new high strength mortar membrane instead. In addition to the material change, three times the initial stucco amount and twice as much rapid set cement grout was used.
Change Order #3 - White Tile Restoration and Re-Grout
The original scope of work required the Contractor to clean the tiles, clean the grout and provide minor re-grouting as needed on the structure. However, the overall stucco deterioration also revealed internal structural failure. Rusted wire that provides structural support had to be remediated; however, the remediation had to be conducted so as not to compromise the existing tiles. The Contractor abated the rust, cleaned all tile and replaced all grout on the structure.
Change Order #4 - Electrical Access Holes and Panels
As the scope of the overall project had already changed, City Staff and the Contractor determined it was the most cost and time effective moment to make minor upgrades to the structure - including installation of electrical to accommodate lighting of the tiled niches on the structure.
Change Order #5 - Repair Roof Tiles
While the Contractor was enclosing the structure, it was discovered that a number of roof tiles on the structure were either broken or missing. Additionally, waterproof flashing in the back of the front of the arch needed replacement. As the Contractor and his team were already mobilized and had the scaffolding in place, the Contractor agreed to replace the roof tiles and make the flashing repairs. The Contractor used 75 City-owned replacement tiles to fix the roof.
The unbudgeted, unplanned roof repair extended the useful life of the roof of the arch for an additional 5 years.
The Public Works Director and City Manager worked closely with the Contractor throughout the project and believe all of the provided change orders were necessary, in the best interests of public safety, and provided the most time and cost efficient solutions.
City Staff recommend that the City Council approves change orders one (1) through five (5) provided by MKS Specialty Finishes Inc., amends the FY22-23 Budget by increasing the Casino Way Improvements Capital Improvement Expenditure Account 10470-6679 by $65,000; and authorizes the expenditure of an additional $80,600.92 to MKS Specialty Finishes, Inc. for the Via Casino Arch Restoration Project.
GOAL ALIGNMENT: Infrastructure reliability and safety.
FISCAL IMPACTS: Staff requests that the FY22-23 Budget be amended by increasing the Harbor Capital Improvement Expenditure Account 10470-6547 by $65,000. Total project cost will be $136,200.92.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: MKS Specialty Finishes Inc., will not be compensated for work performed.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: MKS Specialty Finishes Inc. Via Casino Arch Restoration Project Change Orders.
Matthew K. Sullivan
President
MKS specialty Finishes Inc. 818.384.3190
March 29, 2023
City of Avalon
Bob Greenlaw, P.E.
Director of public works
Via Casino Arch restoration
Please see the attached Materials and expense reports as well as total job cost for MKS Original Estimate $ 55,600.00
Change order request #1 Job site enclosure $ 18,185.12
Change order request #2 Unforeseen stucco failure $ 33,807.84 Change order request #3 White tile restoration and re grout $ 18,136.80 Change order request #4 Electrical access holes and panels $ 5,318.48 Change order request #5 Replace roof tiles $ 5,152.68
Total amount of the above amounts $ 136,200.92
Progress payment #1 • 26,410.00
Progress payment # 2 19,950.00
Progress payment # 3 - 9,240.00
Balance due with CCO $ 80,600.92
257 E Whittley Avalon, CA 90704
466 Foothill Blvd. #367, La Canada, CA 91011 License 750972 626.286.1029 Fax: 626-286-1059 Matthew K. Sullivan
President
MKS Specialty Finishes Inc.
818.384.3190
March 27, 2023
City of Avalon
Bob Greenlaw, P.E.
Director of public works
Via Casino Arch restoration
Request for change order authorization # 1
Complete job site enclosure White Shrink wrap
Installation of 10 mil shrinkwrap plastic due to projected inclement weather for the requested time of service.
The project would have extended for several weeks if not months had we not Completely enclosed the project to keep dry and to maintain required curing temperatures.
Gerardo Nieto 16 hours @ $117.06 $ 1,872.96
Jose Gonzales 16 hours @ $ 117.84 $ 1.885.44
Ruben Ramirez 16 hours @ $ 105.29 $1,684.64
Tayler Kirner 32 hours @ $113.19 $3,622.08
Ancillary cost 32 hours @ $ 120.00 $ 3,840.00
Per diem 14 days @ 120.00 $ 1,680.00
Materials $ 3,600.00
Total amount for the above $ 18,185.12
Ancillary cost included Matt Sullivan
Research and procure shrink wrap plastic materials and torches. a. Transport to the barge and job site
Instruct and aid in installation procedures.
b. Matt Sullivan supervises and assists in erection and applying shrink Torch.
Maintain integrity of the wrap during heavy winds and rain c. Matt Sullivan also applied the torch to tighten the structure during weekend hours to also offset any employee prevailing wage overtime expenses.
257 E Whittley Avalon, CA 90704
466 Foothill Blvd. #367, La Canada, CA 91011 License 750972 626.286.1029 Fax: 626-286-1059 Matthew K. Sullivan
President
MKS specialty Finishes Inc. 818.384.3190
March 29, 2023
City of Avalon
Bob Greenlaw, P.E.
Director of public works
Via Casino Arch restoration
Change order request #2
Un foreseen stucco surface failure over and above original evaluation It turns out the entire stucco surface of the building was compromised, not only the portion that was first estimated to be completely removed and resurfaced.
Mesh fabric that was originally imbedded in the stucco that had delaminated from the underlayment on the entire surface of the building. Stucco was blistering off the entire surface including the groin vault ceiling, and South side that was not included in the original estimate for stucco removal.
Had the loose fabric not been removed the blistering and stucco failure would have continued.
The original estimate of a ½" to ¾" Rapid set mortar and bed that was to be installed over the failed stucco areas would have totaled approx. thirty 55 Ib. sacks and 15 sacks Rapid set high strength cement The actual quantity applied turned out to be ninety 55 Ib. sacks with thirty 55 lb. sacks of a ¼" layer of rapid set high strength non shrink grout
Having evidence of failure with the use of the mesh. The decision was made not to use the mesh in the new high strength mortar membrane.
Serafin Chavez 48 hours @ $ 127.14 $ 6,096.00
Gerardo Nieto 48 hours @ $ 117.06 $ 5,618.88
Carlos Pizano 48 hours @ $124.04 $ 5,953.92
Carlos E Pizano 48 hours @ $120.94 $ 5,805.12
Ruben Ramirez 48 Hours @ $ 105.29 $ 5,053.92
Matt Sullivan 24 hours @ $ 120.00 $ 2,880.00
Per diem 20 days @ 120.00 per day $ 2,400.00
Total amount $ 33,807,84
257 E Whittley Avalon, CA 90704
466 Foothill Blvd. #367, La Canada, CA 91011 License 750972 626.286.1029 Fax: 626-286-1059 Matthew K. Sullivan
President
MKS Specialty Finishes Inc.
818.384.3190
March 29, 2023
City of Avalon
Bob Greenlaw, P.E.
Director of public works
Via Casino Arch restoration
Change order request # 3
White tile repair and regrout
Jose Gonzales 48 hours @ $117.84 $ 5,656.32
Serafin Chavez 24 hours a $ 127.14 $ 3,051.60
Gerardo Nieto 48 hours @ $ 117.06 $ 5,618.88
Matt Sullivan 20 hours @ $ 120.00 $ 2,400.00
Per diem 8 days @ 120.00 per day $ 960.00
Diamond blades for angle grinder, Dremel, grout $ 450.00 Total amount $ 18,136.80
Ancillary items
Procure tile grout, grinder blades, grinders,
There was a period of time to find the best method of removing the grout without damaging the tile Including types of grinders and blades that worked the most efficiently.
Matt Sullivan acquired several different colors and types of grout to best fit the restoration As well as install samples for review and approval and 12 hours of grinding on the weekend During off hour periods to reduce overtime and prevailing wage cost 257 E Whittley Avalon, CA 90704
466 Foothill Blvd. #367, La Canada, CA 91011 License 750972 626.286.1029 Fax: 626-286-1059 Matthew K. Sullivan
President
MKS Specialty Finishes Inc. 818.384.3190
March 29, 2023
City of Avalon
Bob Greenlaw, P.E.
Director of public works
Via Casino Arch restoration
Change order request # 4
Electrical access holes and panels.
Cut out 5 electrical access holes.
Installed two stucco screen access panels.
Assisted cutting holes for lights.
Patch access holes and access panels
Jose Gonzales 6 hours @ $ 117.84 $ 707.04
Serafin Chavez 14 hours @ $ 127.14 $ 1,779.96
Gerardo Nieto 8 hours @ $ 117.06 936.48
Matt Sullivan 8 hours @ $ 120.00 is us un 960.00
Access panels 400.00
Per diem 2 men 3 days @ $120.00 $ 360.00
Expedited delivery of panels $ 175.00
Total amount $ 5,318.48
Access panels had to be specially acquired as ordering thru the office was going to result in long delays
Matt Sullivan personally investigated and drove to A&A building supply in Arcadia to get one of two in stock as well as drive to Dana point to pick up the second of two, then get on the boat to deliver so as to
Keep on schedule.
In addition there are several hours that Matt met with City employees to manage, and assist With locations and cutting of access and lighting
257 E Whittley Avalon, CA 90704
466 Foothill Bivd. #367, La Canada, CA 91011 License 750972 626.286.1029 Fax: 626-286-1059 Matthew K. Sullivan
President
MKS Specialty Finishes Inc. 818.384.3190
March 29, 2023
City of Avalon
Bob Greenlaw, P.E.
Director of public works
Via Casino Arch restoration
Change order request # 5
Install new roof tiles and repair flashing
Replace 75 broken and missing roof tiles
Repair flashing at the back of the front arch
Jose Gonzales 4 hours @ $117.84 $ 464.00
Serafin Chavez 8 hours @ $127.14 $ 1,017.12
Gerardo Nieto 8 hours @ $117.06 $ 936.48
Ruben Ramirez 8 hours @$105.29 $ 842.32
Matt Sullivan 8 hours@$120.00 $ 960.00
Taylor Kirner 4 hours@$113.19 $ 452.76
Per diem 4 days @ $120.00 480.00
Total $ 5,152.68
257 E Whittley Avalon, CA 90704
466 Foothill Blvd. #367, La Canada, CA 91011 License 750972 626.286.1029 Fax: 626-286-1059
CITY OF AVALON CITY COUNCIL
ACTING AS THE HOUSING AUTHORITY
MEETING DATE: May 2, 2023 AGENDA ITEM: 7
ORIGINATING DEP: Public Works CITY MANAGER: AMIK
PREPARED BY: Robert Greenlaw, Director of Public Works
Devin Hart, Management Analyst
SUBJECT: Retaining Wall at 206 E. Whittley
RECOMMENDED ACTION(S): (1) Approve of the design and construction documents for the 206 E. Whittley Retaining Wall Project. (2) Authorize the City Manager or his designee to develop and release of a Request for Proposal for qualified contractors to build a retaining wall at 206 E. Whittley.
REPORT SUMMARY: A multi-family property at 206 E. Whittley was purchased by the ACIA in 2008 with the intent to develop new affordable housing units. In July 2019, the City Council, acting as the Housing Authority, approved final construction plans to renovate the structure and authorized Staff to develop and release a request for proposals to rehabilitate the property to be rented to low and moderate income residents.
City Staff and local contractors recently completed improvements to the sewer lateral and water lines from East Whittley to the property.
In October 2019, the City Council authorized City Staff to develop a site plan and feasibility study for the development of five additional units through the replacement of a stand-alone single unit structure located on the southeastern portion of the property. In developing the plan for the second building, geotechnical engineers determined remediation is necessary for an existing retaining wall located behind the existing single unit structure on the southeastern edge of the property.
In order to ensure the highest and best use of the property, Staff propose remediation of the existing retaining wall, and additionally leveling and backfilling an adjacent area of the property to realign and recapture areas of the southern portion of the parcel. The elevation ano realignment of the parcel will allow for parking for all nine (9) future housing units (four in the original building and up to five in the new structure). The proposal will remove the existing on- street parking area and provide a convenient stopping/loading/unloading area for large delivery or trash vehicles, as well as provide better emergency access. The expenditure of these funds will directly impact the availability of affordable housing.
If approved, Staff plan to bring back proposals from qualified contractors at the June 6, 2023 City Council meeting.
GOAL ALIGNMENT: Infrastructure reliability and safety.
FISCAL IMPACTS: To be determined. An existing $1.53 million is budged in the Capital Improvement Budget (Project #205016). Approximately $750,000 is budged in FY 22-23 account number 15450-6547.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not be able to utilize the entire parcel at its highest and best use.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Site Plan.
65.90 TH 59.90
UNABLE TO SURVEY
EXISTING NALL IN THIS LOCATION
DUE TO EXCESSIVE VEGETATION
73.86 TOD 73.95 TOO 73.91 700
-FOUND LET TAGGED DRIVEWAY 71.67 FS 21801-2395)
2S 4422* RAMP
FOUND LAT TAGGE
S 42 73.96 TOO,
73.21 TW EXISTING
74 06 05) CACTUS AREA 12.88 FS) 23,94 TOO,
76.0 TW 68.06 100- REstO
. 1185 - 75.9 FS 68.16 TOC
.74.76 GS 1383 10
72.05 FS 74.16 FS 73.87 FS 23.64 FS
76 10 75.24 GS 75.29 GS 73.86 FS -73.94 TOC :75.95 FS
76.0,TW
E. WHITTLEY AVENUE 752 FS 24.99 . 74.02 FS
PROPOSED
73.25 FS "RETAINING WANTY
FOUNTAIN
74.99 TW
74.70 P% 4.66 FS. RICK 73.89 FS/ \73.81 FS
DAYLIGH 1%.70 rS 74.48 FS PROPOSED,3, 84 FS/
STAIRS 12.70 FS
74.51 FS 73.33 FS.
C
B
CABLE TV BOX- 73|78 FS 72.57 FS 72.30 PITT
74.45 FS
FOUMO LET TAGGED 65.80 BON
25 2870°
B 73.91 FS
78.48. FS FOUND LEÃO AND TAG INN *7 JOIN WALL
ETE TAGGED "LS 2870° 74.0 TW
78.63 ES 73.0FS
16.290 EX SULCANC 65.5 BOW
FOUND NAIL AND HASHER, ON •79.62 FS 74.41 TY
74.88 BIKE PARKING 65.71 BOI
TAGGED "LS 2870" UP 3.6 80.01 TW
(TYP
80.01 75
80.29 FS → A
76.01.1m
80/31 FS) 74.54 m
•79.97 FL 75.0 TW
81.72 FS 81. 29 FL 74,0 FS
66.0 BOW REPLACE EXIST
RETAINING WALL
80.73 гБ -FODAD S/4º IRON PIPE MEN PLASTIC
66 FL PLUG CIGGED IS 4122". OrT 7X- 1.2"
- STEP RET WALL
69.40 GS 80.5 TW
33.03 F$ Đ, CONG. 56.0 BOW
23.18 FS • A
ROPOSED
11.08/85 RETAINING WALI
EXISTING
GROUND (TYP)
1) 80- E
- GEO-GRID (TYP)
815 TW
- 80.9 F$ 0.5:1 TEMP
71.70 TW 700B0W CUT SLOPE
VERT. OR 15 SLOPE
-MSE RETAINING WALL
COMPACTED SYSTEM
JOIN WALL FILL (TYP)
TW HEIGHT
70-
• 35.00 $
SECTION A-A
TREPWED FOR
PROJECT aTe ITLEY A