DATE: February 5, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Development Services Department
TITLE: CONTINUED APPROVAL OF EMERGENCY DEMOLITION WORK FOR THE HAMMERHEAD SECTION OF THE OCEANSIDE PIER AND THE RESTAURANT-KIOSK
RECOMMENDATION
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Staff recommends that the City Council authorize staff and Jilk Heavy Construction, Inc. (“JILK”) to continue work with respect to emergency demolition related to the hammerhead portion of the Oceanside Pier, including the removal of the existing restaurant and food kiosk, and continue the City Engineer’s authorization to approve Change Orders up to a total of $135,000.
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BACKGROUND AND ANALYSIS
At its September 25, 2024 meeting, the City Council took a number of actions with respect to emergency demolition work related to the hammerhead portion of the Pier, including removal of the existing restaurant building and food kiosk. Pursuant to City Code Subsection 28A.24(a)(3) and Public Contract Code Section 22050, because it was necessary to begin the emergency work without giving notice inviting bids for the work, the City Council is hereby requested to review this emergency action at every regularly scheduled meeting until the action is terminated, in order to determine, but a four-fifths vote, that there is a need to continue said action. Further details regarding the proposed emergency demolition work are provided in Attachment 2 (September 25, 2024 City Council staff report).
On October 9, 2024, October 23, 2024, November 6, 2024, November 20, 2024, December 4, 2024, December 18, 2024 and January 8, 2025, the City Council continued the emergency declaration and need for demolition work to continue (Attachments 3-9).
To date, the following items have been, or will be, completed as part of the demolition activities:
1. Staff acquired all emergency regulatory permits from the California Coastal Commission, Regional Water Quality Control Board, Army Corps of Engineers (ACOE) and the San Diego Air Pollution Control District.
2. The Notice to Proceed was issued on September 9, 2024
a. Marine Mammal Study has been approved by ACOE
b. Scaffolding has been submitted for review and approval
3. Staff has received emails from individuals requesting to retrieve pier railing boards with the engraved names. Individuals wishing to retain the name plates are required to sign a liability waiver acknowledging the California Proposition 65 chemical warnings related to chemicals known to be present in the nameplate wood and additional chemicals may be present as a result of the fire.
a. JILK has kept a number of the rails in place during the demolition work to provide an added safety barrier. Staff has retrieved some of the rails and are currently storing them away from the demolition site and contractor yard. It is anticipated staff will be providing the rails requested by the end of January 2025.
4. Scaffolding delivery and assembly began October 7, 2024
a. Debris management system installation began October 21, 2024
b. Preliminary demolition work began October 23, 2024
i. Steel frame demolition scheduled in advance of balance of building removal to allow for faster demolition
c. Balance of building demolition commenced November 6, 2024
d. Restaurant and Kiosk was removed before Thanksgiving
e. Pier decking to be removed beginning the first week of December 2024
f. As demolition work progressed, it became apparent that the pier was constructed with durable materials in a more robust and sturdy manner than originally anticipated; therefore, it is taking longer than expected to remove the decking due to nail-plates at each plank joint, and lag bolts for the building and pier connections to the substructure; deck removal work is currently scheduled to be completed by mid-January 2025.
5. Structural engineers have been on-site to provide preliminary evaluations; final evaluations will occur after all demolition has been complete. Preliminary assessments show:
a. Most of the pier pylons are in good condition despite the fire char which has been determined to be within acceptable limits
b. The pile caps remain in good condition as well
c. Floor stringers that support the decking have been heavily damaged and will need to be replaced
d. The structural engineers returned in late January to perform a final evaluation of the area and provide recommendations and plans for repair; the City’s consultant (Moffatt & Nichol) will soon begin performing a structural assessment of the pier pilings and substructure and developing a repair plan based on the physical analysis completed
FISCAL IMPACT
The estimated cost of completing the project is $1,354,493 and broken down as follows:
• Contractor (JILK) - $1,141,493
o Assumed 4 months of BMP Maintenance
o Assumed 1,000 linear feet of stringer replacement
o Changed Condition costs
§ Fire investigator access during demolition work
§ Preservation of evidence - underdeck electrical system
§ Stand-by day rate due to planned events
§ Salvage Safety Railing Name Plates
• Contingency - $135,000
• Moffatt & Nichol (subconsultant) - $75,000
• Agency Permits - $3,000
Additional costs may be incurred depending on the extent of the damage once demolition work begins; therefore, staff requested and City Council previously authorized the City Engineer to approve Change Orders up to a total of $135,000.
The City has received $1,000,000 of insurance proceeds to date from the City’s insurance pool, Public Risk Innovation, Solutions and Management (PRISM). This amount was appropriated to the Pier Fire Recovery project account 907194624501.5305.10600 to partially fund the demolition work. Staff also requested the use of infrastructure reserves for the remaining $354,493 and was appropriated to the Pier Fire Recovery project account 907194624501.5305.10600. It is expected that insurance proceeds will be used to replenish the infrastructure reserves being used at this juncture.
This project was identified as part of the City’s project list as a result of the April 29, 2024 Emergency Declaration. It is possible that a significant portion of the unreimbursed costs incurred for this work will be reimbursed by the State of California Office of Emergency Services (“Cal-OES”).
On November 1, 2024, the Governor of California signed a State of Emergency Proclamation which allows the City to seek reimbursement from Cal-OES and commits the agency to providing assistance, as appropriate, under the authority of the California Disaster Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq.
COMMISSION OR COMMITTEE REPORT
Does not apply.
CITY ATTORNEY’S ANALYSIS
Emergency procurements are authorized according to the provisions of Section 28A.24(a) of the Oceanside City Code. Because it was necessary to begin the emergency work without giving notice inviting bids for the work, the City Council should review this emergency action at every regularly scheduled meeting until the action is terminated to determine, by a four-fifths vote, that there is a need to continue the action, pursuant to City Code Subsection 28A.24(a)(3) and Public Contract Code Section 22050.
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Prepared by: Brian K. Thomas, City Engineer
Reviewed by: Darlene Nicandro, Development Services Director
Submitted by: Jonathan Borrego, City Manager