Administrative
Report
N.2., File # 23-5379 Meeting Date: 1/17/2023
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE IMMEDIATE DEMOLITION OF THE
SPORT FISHING PIER DUE TO ITS DETERIORATING CONDITION WHICH HAS BEEN
EXACERBATED BY RECENT STORMS
APPROVE THE SUBMITTAL OF REQUIRED EMERGENCY DEMOLITION REGULATORY PERMIT
APPLICATIONS AND NOTIFICATIONS, INCLUDING US ARMY CORPS OF ENGINEERS,
COASTAL COMMISSION, AND REGIONAL WATER QUALITY CONTROL BOARD PERMITS AND
THE PAYMENT OF FEES
ADOPT BY 4/5THS VOTE AND TITLE ONLY RESOLUTION NO. CC-2301-111, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AUTHORIZING A FISCAL YEAR 2022-2023 BUDGET MODIFICATION TO REALLOCATE $400,000 OF TIDELANDS FUNDS FROM THE RELOCATION OF BOAT LAUNCH, JOB NO. 70170, $275,000 FROM PURCHASE ORDER # 3712 WITH MOFFATT AND NICHOLS, $200,000 OF TIDELANDS FUNDS FROM SEA LEVEL RISE MASTER PLANNING, JOB NO. 70850, AND $50,000 OF TIDELANDS FUNDS FROM HARBOR DREDGING, JOB NO. 70660 TO THE PIER STRUCTURE REPAIR PROJECT, JOB NO. 70350
AUTHORIZE THE MAYOR, UPON RECOMMEDATION OF THE CITY MANAGER, TO EXECUTE A
SECOND AMENDMENT TO THE PROJECT SERVICES AGREEMENT WITH JILK HEAVY CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $1,163,000 WITH NO CHANGE IN
TERM TO PERFORM COMPLETE DEMOLITION OF THE SPORT FISHING PIER
EXECUTIVE SUMMARY
On January 6, 2023, portions of California’s coastline, including the King Harbor Marina, experienced a major wave event that caused damage to waterfront structures up and down the state, including complete structural failure of the Capitola Wharf in Santa Cruz County. The City’s Sport Fishing Pier (SFP) also appears to have sustained structural damage due to the event as evidenced by observations made January 6 to 8, 2023 of the rooflines and walls of the buildings on the pier, which have subsided significantly since formal inspections of the pier were made in September 2022.
Additional storm events the week of January 9th also resulted in heavy surf and a high wave environment at the City’s waterfront. While the precise impacts of these storms are not yet known, it is clear that these events continue to strain the weakened members of the pier’s structure, accelerating the rate of deterioration, which will eventually lead to a complete and sudden collapse of
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the pier if not addressed.
In October of 2022, the City Council gave direction to staff to begin the process to demolish the SFP, based on a recent condition assessment that stressed the poor condition of the pier and the increasing rate of deterioration of the piles. These recent storm and wave events, and the increasing risk of a catastrophic structural failure of the pier, have catalyzed staff’s recommendation to accelerate the demolition of the SFP. To do so, the following actions are required to be taken by the City Council:
• Direct the City Manager to take immediate action to demolish the SFP; • Authorize staff to apply for an emergency demolition permit with the United States Army Corps of Engineers (USACE), Coastal Commission, and the Los Angeles Regional Water Quality Control Board;
• Adopt a budget modification resolution that reallocates money from other existing Tidelands projects to cover the costs of permitting and demolition; and • Authorize the Mayor to execute an amendment to the City’s project service contract with Jilk Heavy Construction, Inc. (Jilk) in an amount not to exceed $1,163,000 to perform the demolition, when said amendment is finalized and recommended for execution by the City Manager.
BACKGROUND
In October of 2022 the City Council was presented with results of a September 2022 underwater and surface assessment of the condition of the SFP and was asked to provide direction to staff regarding its repair or demolition. The staff report and assessment report can be found at this link:
<https://redondo.legistar.com/LegislationDetail.aspx?ID=5887417&GUID=5DBEA9C7-0228-4C72- 9F74-93290CF3DD5F&Options=&Search>=.
At that meeting, Council directed staff to completely demolish the SFP based on safety concerns brought on by the advanced deterioration of the structural piles and braces that support the deck and buildings on the pier. Staff has since been working with State and Federal Regulatory agencies to prepare the advanced permits needed to carry out the Council’s direction. The traditional permit processes for construction (and even demolition) work in the Tidelands are cumbersome and slow.
The wave event of January 6, 2023 did considerable damage to facilities at several locations in the Marina. The breakwall itself was impacted as armor stones were dislodged from their protective formation in some locations. King Harbor Yacht Club parking lot was severely damaged, as well as a number of their floating docks and at least two concrete piles. The City’s sewage pump-out dock and Harbor Patrol docks were damaged, as was the hand launch dock and gangway. The Harbor Patrol has provided the attached “windshield survey” of damage to King Harbor on January 8, 2023.
The storms continued the week of January 9, 2023, applying additional stress to the SFP.
Recognizing that a sudden and dangerous structural failure of the SFP is inevitable if no intervention is made, and that each passing heavy storm inflicts more stresses on a continually weakening structure, staff believes the SFP demolition should be accelerated to an emergency level response by the City.
Permitting. In a video meeting on November 28, 2022 with representatives of the pertinent regulatory agencies, staff was generally informed of the permitting process alternatives and timelines
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related to demolition of the pier. One option included an “emergency” permitting process in the event the potential for imminent failure existed. That process requires the City to apply to the USACE for their Regional General Permit 63 (RGP 63) at least fourteen days in advance of the start of demolition. The fee associated with RGP 63 is not yet calculated but will be nominal compared to the actual demolition work. The City has already funded consultant Moffat & Nichol to assist the City with developing permit applications related to demolition and replacement of the SFP and, with City Council approval, staff will redirect their efforts to the process for emergency demolition.
The State Water Quality Control Board (Water Board) has a water quality certification requirement, but that certification is considered “pre-certified” in conjunction with use of the RGP 63. That aside, notification to the Water Board is still required, along with payment of a fee.
On Monday, January 9th, City staff informed California Coastal Commission (Coastal Commission) staff of the damage to the SFP. When immediate action is necessary, an Emergency Coastal Development Permit (CDP) application needs to be submitted to the Coastal Commission within seven days after the remediation (i.e. demolition) work is commenced. There is a fee of $1,412 to file for the Emergency CDP. The emergency remediation action is required to be reported to the Coastal Commission’s Executive Director. The demolition work may occur even if the pending emergency CDP is still under review. The remedial measures need to be completed within 60 days of issuance of the Emergency CDP. The Coastal Commission will also be interested in the City’s plans to replace the facility to restore coastal access opportunities and will be looking for a future submittal of a regular Coastal Development Permit for a replacement pier.
An Emergency Coastal Development Permit must also be issued by the City’s Community Development Director and transmitted to the Coastal Commission. The locally issued CDP includes the nature and cause of the emergency, photographs of the damage to the SFP, and the scope of work (demolition) authorized. The prior reports will be used to document the deterioration of the SFP over time.
The SFP was identified in the Waterfront EIR (SCH#2014061071) as a potential historic resource of local significance and demolition was considered an unavoidable impact. Recordation (report and photographs) per the Secretary of the Interior’s Standards was required as a mitigation measure.
Because of the present conditions of the SFP, it is infeasible to implement this mitigation measure with current photos, although there may be some measure of documentation with research and archived photos.
On January 4, 2023, the Governor issued a State of Emergency pursuant to the California Emergency Services Act section of the Government Code (specifically GC 8625). Per CEQA Guidelines (California Code of Regulations Section 15269) related to exemption of Emergency Projects, since that state of emergency has been proclaimed by the Governor, and since the historical resource (the SFP) represents an imminent threat to the public of bodily harm or of damage to adjacent property, the emergency demolition of the SFP qualifies as an exemption from the requirements of CEQA. Staff will provide this official CEQA Exemption determination.
The State Lands Commission typically requires application for approval of projects valued in excess of $250,000 at least 90 days in advance of the project start date. However, in an emergency situation such as this, the City may proceed with the removal and seek approval from the Commission after-the-fact. There is no fee associated with this after-the-fact permit and staff will
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submit an application describing the value of the project and history leading up to the removal, such as the previous assessment reports.
Construction. At the October 18, 2022 City Council meeting, staff presented a budget level estimate to fully demolish the pier. The estimate in the amount of $1,163,000 was provided by Jilk, who has an on-call project services agreement with the City that expires in 2025. Jilk provides services related to maintenance and repair of the City’s waterfront facilities. City Council typically funds this contract annually in the amount of $200,000 to allow expedited response to needed repairs to the City’s waterfront structures. An amendment to the contract will be needed to include the proposed demolition work and should be ready for execution in the coming days. Approval of the pending amendment will increase the contract capacity from its current not to exceed value of $1,909,000 by the amount of the estimate for this work to a new not to exceed value of $3,072,000 and will allow staff to issue a notice of award and get the work scheduled with Jilk. Because the value of the amendment is set and the general scope of work is known, staff is recommending that the City Council at its January 17, 2023 meeting authorize the Mayor to execute the amendment (the Second Amendment to Jilk’s contract), upon recommendation of the City Manager, once the final technical details of the scope of work are settled. This will allow the work to proceed expeditiously.
Jilk’s cost proposal to remove the complete pier structure includes all labor and equipment to completely remove all SFP components; including safely capping off land side utilities, lead and asbestos building abatement, disposal of all materials, temporary strengthening and bracing to allow for the demolition work to proceed safely, and pulling out or cutting off the piles. The SFP demolition will be completed using both a barge and landside crane.
Jilk will also require a laydown and staging area at the foot of the pier in the Marina Parking Lot.
Access to the walkway in front of the hand launch may also be limited during the construction period, which is expected to last eight to ten weeks once mobilized. Staff does not expect a significant conflict with other uses in this area during the off-season timeline and is aware of the working deadlines inherent in making the space available for special events. Jilk has indicated this work is a priority for them and anticipates being able to mobilize within three weeks of the notice to proceed.
Staff will also continue to require the contracted services of Moffat & Nichol, as noted above, to prepare the specification for the work to ensure the requirements of RGP 63 are met and assist with engineering and permit compliance oversight during the demolition. Moffat & Nichol is currently under contract for engineering work related to demolition and replacement to the SFP, so no contract amendments are required in this case. Staff will issue a notice of design change to focus on the emergency demolition, to manage the assignment of these tasks.
Funding. As an unexpected expense in this fiscal year, the City budget does not include specific funding to demolish the SFP. However, staff is proposing that Tidelands funding from other projects be reallocated by way of a budget modification resolution to cover the costs of this emergency project. These other projects are not projected to need these resources in this fiscal year and it is believed replacement funding can be identified in future budget cycles (in many cases through grants), or that the projects can be rescoped to be completed in a more economical way.
Staff is recommending a total of $1,200,000 be reallocated, in order to cover the demolition work, and other anticipated (permit related) costs. The impacted projects, as proposed in the attached Budget Modification Resolution, are:
N.2., File # 23-5379 Meeting Date: 1/17/2023
• $400,000 from the Relocation of Boat Launch CIP, Job, No. 70170 • $275,000 from an existing Purchase Order with Moffatt and Nichols funded by the Sport Fishing Pier Demolition and Reconstruction CIP, Job No.70720 • $275,000 from the annually funded Pier Deck and Piling Structure Repair CIP, Job No. 70350 • $200,000 from the Sea Level Rise Master Planning CIP, Job. No 70850 • $50,000 from the Harbor Dredging CIP, Job No. 70660
Staff feels it is necessary to accelerate the demolition of the SFP in response to the City’s previous understanding of its deteriorating condition, the recent storm and wave events and current examples from other locations in the State of waterfront structures collapsing unexpectedly. Therefore, staff recommends the City Council approved the identified actions.
COORDINATION
This report and future actions associated with the SFP have been coordinated with the Public Works Department, the Waterfront and Economic Development Department, the Community Development Department and the City Manager’s Office. The Budget Resolution and associated contracts were approved as to form by the City Attorney’s Office.
FISCAL IMPACT
Immediate demolition of the Pier as recommended by staff, would require an estimated $1,200,000 of funding be added to the CIP Project - Pier Structures Improvement Project, Job No. 70350, which is funded with Harbor Tideland Funds. Staff is recommending that currently allocated Tidelands funds from other projects and contract encumbrances be reallocated to cover the cost of the SFP removal, resulting in a “net zero” impact on the Tidelands Fund at this time. Some of this funding, but perhaps not all, will need to be replaced in the coming budget discussions in order to bring those potential impacted projects to a desirable close. Some of the affected projects are expected to be good candidates for State and Federal grant funds and/or can be modified in scope to reduce future cost.
In either case, approving the staff recommendations in this report does not have an immediate effect on the Tidelands Fund. A list of the specific projects impacted, and justification for the indicated defunding follows.
CIP Project Transfer Details:
• $400,000 from the Relocation of Boat Launch CIP, Job, No. 70170 - The project currently has $800,000 budgeted. Based on recent discussions with the CA Department of Boating and Waterways only $400,000 of this funding is needed for the various studies and costs associated with the entitlement and regulatory agency approval processes that would not otherwise be eligible for State grant funding. The remaining $400,000 is therefore available for transfer to the SFP demolition project.
• $275,000 from an existing Purchase Order (PO) with Moffatt & Nichol funded by the Sport Fishing Pier Demolition and Reconstruction CIP, Job No.70720 - There is currently an open PO totaling roughly $400,000 with Moffat & Nichol for work associated with preparing SFP and Harbor Patrol dock reconstruction plans and permits. Only $125,000 is needed to manage the active tasks. The balance of the PO can be reallocated for demolition of the Sports Fishing Pier.
• $275,000 from the Pier Deck and Piling Structure Repair CIP, Job No. 70350 - This project receives annual funding and is regularly utilized for maintenance and repair of the City’s various Pier structures. All of the current CIP balance can be reallocated for SFP
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demolition.
• $200,000 from the Sea Level Rise Master Planning CIP, Job. No 70850 - Grant funding is available through the federal government for the preparation of a local Climate Resiliency Plan. No local matching funds are required, therefore all of the funds in this CIP can be reallocated for SFP demolition.
• $50,000 from Harbor Dredging, Job No. 70660 - Roughly $4.5 M of Harbor Tidelands Funds are appropriated for the execution of this project. Based on Army Corp permitting timelines, the project can occur no earlier than calendar year 2024. The final cost of the project is unknown, as final project bidding has not yet taken place, and it is possible that federal grant funds could be leveraged to offset local project costs once a Climate Resiliency Plan is completed. Therefore $50,000 of Harbor Dredging Project funds can be reallocated for SFP demolition.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Redondo Beach Harbor Patrol Survey of Damage, January 8, 2023 · Budget Modification Resolution No CC-2301-111