DATE: November 20, 2024
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, and November 6, 2024, the City Council continued the emergency declaration and need for demolition work to continue (Attachments 3-5).
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.
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
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
Once demolition work has been completed, and prior to scaffolding removal, the City’s consultant (Moffatt & Nichol) will perform a structural assessment of the pier pilings and substructure and will develop 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.
To date, the City has received $1,000,000 of insurance proceeds from the City’s insurance pool, Public Risk Innovation, Solutions and Management (PRISM). Staff requested this amount be appropriated to the Pier Fire Recovery project (907194624501.5305.10600) to partially fund the demolition work. Staff also requested the use of infrastructure reserves for the remaining $354,493 and to appropriate the funds to the Pier Fire Recovery project (907194624501.5305.10600). A transfer of $354,493 was made from 1101.6900.0501 to 907194624501.5305.10600 as a result of the September 25, 2024 approval. It’s 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 provide 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