Written Comments — Public Works & Transportation Committee, March 26, 2024

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Subject: March 26: Item D Contract with Duncan Engineering From: Debbie Mitchell <[email protected]>
To: Michael Wolfe <[email protected]>,KJ May <[email protected]>,Steve Howlett <[email protected]>,City Clerk <[email protected]> Cc: Bert Perello <[email protected]>, William Clark <[email protected]>, William Scarpino <[email protected]>, "Nguyen, Alexander" <[email protected]> Date Sent: Tuesday, March 26, 2024 4:27:46 PM GMT-07:00 Date Received: Tuesday, March 26, 2024 4:29:22 PM GMT-07:00 Attachments: March-26-2024_contractDuncanEngineering.pdf I realize I have missed the 3 pm deadline!
But wanted to thank you for bringing this before the committee and hope it goes to City Council! I was working on a response and historical timeline but other work interfered with plans to get it completed in time - attached anyway!
-----
Debbie Mitchell
Resident and VP Channel Islands Waterfront Homeowners Association 1-310-804-2382
[email protected]
1 / 25
Channel Islands Waterfront Homeowners Associa�on (CIWHA) Represen�ng hHomeowners in Mandalay

Thank you for recommending the Approval and Authoriza�on of the contract with Duncan Engineering.

This contract represents a much needed element in working towards a funding agreement for Mandalay residents to fund the 50% obliga�on of seawall repairs approved by City Council in 2020.

The funds for the Waterways assessment has been frozen since 1996. This fund must provide for Landscape expenses including labor, electric and water in addi�on to City Staﬀ, and Seawall repairs, dredging, and harbor water quality mi�ga�on. The funds are and have been inadequate to pay for all of this for decades.

The requirements for increasing the assessment or crea�ng a new funding district are complex. Either will require an engineering report and cost es�mate. Our district lost YEARS and funds due to a change of staﬀ that resulted in a 6 year delay on a fully permited project in early 2018 that is just this year back on track.

Historical perspec�ve is very important
Decades of delays in addressing the underfunded assessment for Waterways 1 have resulted in extraordinary expense increases for the seawall capital improvements required to prevent catastrophic failure.  1968: Mandalay Development was underway
Between 1968 and 1973, 743 single-family atached and detached homes and 37 City-owned greenbelts were constructed to create the Mandalay Bay community. At the �me of construc�on, seawalls were built to create waterways throughout the newly built homes. When the seawalls were constructed in the mid-1960s, developers built the seawalls according to the building codes at that �me, which were inferior to today's building codes regarding seismic ac�vity and soil and structure responses. The materials used to construct the seawalls have adversely reacted to the marine environment and began to degrade within 20 years of comple�on.
 1970: The Environmental Quality Act (CEQA) was passed.  1972: California Coastal Commission was founded.
 1990 – 1998 (NOTE: In 1996 Assessment district increases frozen due to Prop 218)

2 / 25
Channel Islands Waterfront Homeowners Associa�on (CIWHA) Represen�ng hHomeowners in Mandalay  1998: 2/3/1998 Rain Event – Local Emergency
2/24/98 Seawall failure due to storm (Channel Islands Blvd. Emergency repairs were performed.

Problems with seawall construc�on reported on Meridian
 1998 – 2004 Residents expressed concerns regarding cost sharing and expenses for Seawall repairs, Dredging and debris from Oxnard Drains. 2 Booms were placed in the Oxnard West drains to reduce debris.  As funds were accumulated (a�er paying Landscape costs) seawall repairs, dredging and guardrail replacements over �me.
 2004 – Concerns growing over expense increases and lack of funds in Assessment District  2006 – City Presents need to increase Assessment – residents are not opposed  2006 – 2010 – engineering studies and seawall repairs were taking place as funds permited.  2010 - Inves�ga�on hampers planning and mee�ngs on district concerns During the summer of 2010, the Ventura County District Atorney’s Oﬃce learned of serious allega�ons of corrup�on involving elected and non-elected oﬃcials at the City of Oxnard.  2010 – 2018 Mee�ngs with City Staﬀ con�nue, Kingsbridge Way (Til�ng wall corrected over budget due to drought and shortage of drilling equipment).
 2018: Feb 2018 Received: Coastal Commission approval for the West Hemlock and Pilaster Jacket projects. All environmental permits for Hemlock and Pilasters have been approved.  Dredging Design in Progress Permits have not been started for Dredging.  2018 MARCH -Public Works Director halts all Seawall Projects Rosemarie Gagleone stops the projects and starts a “Value Engineering Study” The value Engineering expenses depleted funding and resulted in �me delays, yet arrived at the determina�on that the new engineering company agreed with and approved all prior studies.  City Manager: Alex Nguyen began his agreement with the City of Oxnard July 9, 2018.

He inherited the Public Works Director who was already in progress on a costly 2018 Project Delay of a fully permited, approved, and funded “Hemlock Project”.

NOTE: 6 years later projects delayed in 2018 are now again underway in 2024  2020: City Council approved 50/50 Cost sharing on Seawall repairs & replacements – The residents of Mandalay Bay will create a new bonded funding mechanism. THIS REQUIRES ENGINEERING REPORT.  2021: Public Works Director: Michael Wolfe came on board Sept 2021 2024
 Hemlock Project to begin Summer 2024
 Monitoring needs to resume
 Dredging is behind Schedule

 A Bond must be VOTED on by residents to fund ongoing Seawall Repairs  An Engineering Study and Es�mates are required to develop the Bond.  The Hemlock Project outcome and Monitoring by Duncan Engineering will create the founda�on for the engineering study and Bond agreements.

The Approval and Recommenda�on of this contract is a cri�cal step in resolving the funding for The Waterways District!
Debbie Mitchell
Oxnard Resident and VP Channel Islands Waterfront Homeowners Associa�on 3 / 25
Background
Information

PROJECTS
& EXPENSES
Historical perspective is very important
Decades of delays in addressing the underfunded assessment for Waterways 1 have resulted in extraordinary expense increases for the seawall capital improvements required to prevent catastrophic failure. It is important to know that our current relationship with the City has healed much of the distrust! • City Manager: Alex Nguyen began his agreement with the City of Oxnard July 9, 2018. He inherited the Public Works Director who was already in progress on the costly 2018 Project Delay.
• Public Works Director: Michael Wolfe came on board Sept 2021 We appreciate the support of our councilman Bert Perrello, City Manager Alex Nguyen and Public Works Director Michael Wolfe.
2024 STATUS
• Dredging is behind Schedule
• Seawall Repairs are behind Schedule
• A Bond must be VOTED on by residents to fund ongoing Seawall Repairs • An Engineering Study and Estimates are required to develop the Bond. • The Hemlock Project and Monitoring by Duncan Engineering will create the foundation for the engineering study and Bond agreements. 4 / 25

PROJECTS
& EXPENSES
IMPORTANT: PROJECTS HAVE BEEN DELAYED SINCE 2018
February 2018
• The Hemlock Project was originally approved and permitted. • Dredging Design in Progress
Permits have not been started for Dredging.

November 2018
New public works director halts all seawall projects in favor of “Value Engineering Studies”
2024
West Hemlock Seawall Repairs (3966-3900)
Environmental Permitting in progress
2023: Plans, Specifications, and Estimates completed
2024: To begin summer 2024
Mandalay Bay Seawall Monitoring Program
City contract with Duncan Engineering
(estimated start Spring 2024)
Background
Information
5 / 25
Channel Islands Waterfront Homeowners Association
History & Background
6 / 25
Channel Islands
Harbor
South of the
bridge on Channel
Islands Blvd.

Background
Information
The Channel Islands Harbor has a long, colorful
history, having been carved out of the sand dunes,
which at one time served the needs of Hollywood’s
silver screen stars.

The process began with the dredging of the Harbor in
1960. After five years of preparation, the Harbor was
dedicated on May 30, 1965 by Richard Bard, an
organizer and financial supporter of the project.

NORTH of Channel Islands Blvd. development plans
began for what would be known as Mandalay.
7 / 25
1969
The “Mandalay
Development”
was underway.

The California
Environmental Quality
Act (CEQA) was passed
in 1970.

The California Coastal
Commission was
founded in 1972.
8 / 25

1. Mandalay
Development
Background
Information
“Executive Summary:

Between 1968 and 1973, 743 single-family attached and detached homes and 37 City owned greenbelts were constructed to create the Mandalay Bay community. At the time of construction, seawalls were built to create waterways throughout the newly built homes. When the seawalls were constructed in the mid-1960s, developers built the seawalls according to the building codes at that time, which were inferior to today's building codes regarding seismic activity and soil and structure responses. The materials used to construct the seawalls have adversely reacted to the marine environment and began to degrade within 20 years of completion.

July 28, 2020
Public Works and Transportation Committee
9 / 25

1. Mandalay
Development
Background
Information
The Boise system consists of restrained precast concrete panels held in place by precast concrete “T” shaped pilasters, which are anchored to a cast-in-place concrete footing. The footing is supported by a single row of battered timber piles spaced at 7.5 feet on center. Horizontal steel tie-rods connect the pilasters to a continuous cast-in-place concrete deadman 21 feet behind the dry side of the wall. The pilasters and tie- rods are spaced at approximately 11 feet on center. The wall panels are approximately 10’ tall and 8” thick. There are two 2” diameter weep holes per panel located 2’-3” above the top of the 3-foot wide and 2-foot deep footing.

The Zurn wall is a cast-in-place concrete cantilevered
retaining wall supported on a continuous cast-in place
concrete footing. The footing is supported by a row of vertical timber piles and a row of battered timber piles. The vertical piles are spaced at 6 feet on center and the battered piles at 12 feet on center. The wall stems are 9 feet tall and range in thickness from 7 inches at the top to 12 inches at the bottom.

The footings are 6’-9” wide and 1-‘6” deep. Some of the walls have an 8” thick by 3’ deep cutoff wall and riprap slope protection on the water side to mitigate undermining
problems. The top of the footings are approximately one foot below mean sea level. The maximum tidal range in Mandalay Bay is between 5 feet above mean sea level to 3 feet below mean sea level. The toe of the footings is often exposed at low tide.

There are two types of seawalls:
the “Boise” wall in the eastern
part of the development and
the “Zurn” wall in the western
portion. Peninsula road
separates the two different
walls. Together the seawalls are
more than 7 miles long.
10 / 25

1. Mandalay
Development
Background
Information
There are two types of seawalls:
the “Boise” wall in the eastern
part of the development and
the “Zurn” wall in the western
portion. Peninsula road
separates the two different
walls. Together the seawalls are
more than 7 miles long.
11 / 25

1. Mandalay
Development
Background
Information

TIMELINE
12 / 25

1. Mandalay
Development
Background
Information

TIMELINE
13 / 25

PROJECTS
& EXPENSES
Background
Information
Seawall Repairs Completed as of 2006
Nobel Consultants, Inc. (Marine engineering consultant) Harbor Offshore, Inc. (Maintenance contractor)
What has been completed (as of Feb 2006)- severe foundation repair items, the most severe pilaster problems, a large number of the backfill leak problems, a small number of crack and joint repairs
1996-2006: 6.2 million dollars in repair expenses
Projected Repairs Over Next 15 years
• Reinforce Remaining Pilasters
• Repair Wall Panel Cracks And Seal Wall Joints
• Repair Weep Holes
• Maintain Slope To Protect Foundation
• Fill In Sink Holes
Projected Repairs Over Next 15 years
Estimated cost: $13,248,000 over next 15 years (2006 estimates) Total assessment revenue $450,000 per year (x15) = $6,750,000 14 / 25

PROJECTS
& EXPENSES
Background
Information
Projected Repairs Over Next 15 years
Estimated cost: $13,248,000 over next 15 years (2006 estimates) Total assessment revenue $450,000 per year (x15) = $6,750,000 $13,248,000 (estimate)
- 6,750,000 (- income)
- 6,498,000
2006 Projected Repairs Over Next 15 years
Estimated cost-$13,248,000 over next 15 years (2006 estimates) 15 / 25
The Waterways
Assessment
District Budget
Assessment
Costs increase
year after year yet the
assessment stays the same.
16 / 25

PROJECTS
& EXPENSES
Background
Information
The Channel Islands
Homeowners Association,
(CIWHA) in Mandalay has been
meeting with City Staff since
2006 to resolve the funding of
needed Seawall repairs.

We have met with EVERY City
Manager and EVERY Public
Works Director.

Seawall repairs have happened
sporadically as funds
accumulate.

Total assessment revenue $450,000 per year
NOTE: It is important to understand that the numbers for Seawall Projects do NOT include the additional areas of expenditures from the Waterways Assessment funds like Landscaping & Maintenance costs which are not insignificant.

The costs for Landscaping & Maintenance for Fiscal year 2013-2014 = $169,316.

Total assessment revenue $450,000 minus
Landscaping & Maintenance $169,316
Leaves $280,684 left for Seawall Repairs and maintenance.

NOTE: The assessment referenced here is a round number of the total “waterways” fees collected on property tax bills to homeowners. 17 / 25

PROJECTS
& EXPENSES
Background
Information

TIMELINE
City Presented to Homeowners in 2006
It was understood that the following repairs were needed Dredging
•31,000 yards of material
•Mean Low Tide level- 8 feet
Total Cost- $ 1.5 million
•Spot dredging of high spots
•Future dredging of East side of the bay
•
Assessment Information (presented by City at HOA meeting in 2006) • Current assessment unchanged since 1993
• Total assessment revenue $450,000 per year
• Covers seawall repair, channel maintenance, landscaping • At the current assessment- $250,000 is available for seawall repairs.

Without inflation, 53 years to complete repairs
Increase Current Assessment (presented by City at HOA meeting in 2006) • Current Assessment range $453 to $1,586 (Average $ 593) • Triple the assessment to $ 1,359 to $ 4,758 (Average $ 1,779 (Average increase $ 1,186) )
• Total Revenue- $ 1,350,000 ( Increase of $ 900,000 per year) • ($900,000+$250,000) X 12 years = $ 13,800,000
Inflation
18 / 25

SEAWALL

PROJECTS
& EXPENSES
2005 – 2014
$2,761,447.41
Background
Information
YEAR Project Cost
2005 Channel Dredging $1,160,120
2005 Guardrail Replacement Phase 1 $221,145
2006 Guardrail Replacement Phase 2 $122,950
2013 Slope Protection (estimate: $210,000) $152,423.41 (actual) 2014 Kingsbridge Way (bid awarded – work to
begin 2015) $993,965
SUBTOTAL $265,0531.41
YEAR TranSystems Projects Cost
3/2001 to 11/2012 Seawall Assessment Phase A&B $642,568 2/8/11-2014 Agreement -7385 On Call Marine engineering
Services Cost to date
Task 1&1A: $33,381 2013 Environmental
Permitting $24,827
Task 2&2A: $28,500 2013 Environmental
Permitting $20,375
Task 3: $78,900 Kingsbridge Way Stabilization
Design $63,668
Task 4: $28,500 -Seawall Monitoring Program $2046
TranSystems Cost subtotal to date 110,916
Total ALL Activities $2,761,447.41

TIMELINE
19 / 25

We have met with EVERY City
Manager and EVERY Public
Works Director.

Seawall repairs have happened
sporadically as funds
accumulate.

The costs for Landscaping & Maintenance for Fiscal year 2013-2014 = $169,316.

Total assessment revenue $450,000 minus
Landscaping & Maintenance $169,316
Leaves $280,684 left for Seawall Repairs and maintenance.

NOTE: The assessment referenced here is a round number of the total “waterways” fees are collected on property tax bills to homeowners. 20 / 25
Increasing The
Waterways
Assessment
As a general matter, an assessment
represents the entirety of the cost of the
improvement or property-related service,
less any amounts attributable to general
benefits (which may not be assessed),
allocated to individual properties in
proportion to the relative special benefit
conferred on the property.

Increasing Assessments requires
engineering reports, public hearings and
the passing of a ballot measure.

Background
Information
21 / 25
IMPORTANT: PROJECTS HAVE BEEN DELAYED SINCE 2018
February 2018
• The Hemlock Project was originally approved and permitted. • Dredging Design in Progress
Permits have not been started for Dredging.

November 2018
New public works director halts all seawall projects in favor of “Value Engineering Studies”
Current Seawall Project Status
2024
West Hemlock Seawall Repairs (3966-3900)
Environmental Permitting in progress
2023: Plans, Specifications, and Estimates completed
2024: To begin summer 2024
Mandalay Bay Seawall Monitoring Program
City contract with Duncan Engineering
(estimated start Spring 2024)

PROJECTS
& EXPENSES
Background
Information
22 / 25
2018 Project Status Disaster
The decision of 2018 to halt all projects – dredging,
monitoring and the Hemlock project was a disaster.

The much anticipated “Hemlock Project” was key to
understanding cost and application options that would be applicable to many of the walls in the development.

Monitoring was the foundation for feasibility studies and priority planning.

While no seawalls fell, the trust in the City was eroded to an all-time low.

Decades of attempting to reach an engineering
design and funding agreement plans fell apart.

PROJECTS
& EXPENSES
Background
Information
23 / 25
Background
Information

Resolution to Affirm City Commitment to Seawall
Funding.

RECOMMENDATION: That City Council adopt a
resolution affirming the City of Oxnard’s
commitment to share the repair/replacement costs
associated with the Mandalay Bay seawalls in the
amount of 50% of the total repair/replacement
costs with the funding mechanism to be
determined at a later date.

Approved by City Council 7-0
Background
Information

PROJECTS
& EXPENSES
25 / 25

Public Works & Transportation CommitteeMarch 26, 2024

Public Works & Transportation Committee
March 26, 2024