esplanade

Cliffside apartment building owner Millard Tong failed to meet a deadline to submit a timeline for repairs to the cliff behind his evacuated building Monday, but building officials said they don’t plan to enforce it.

From Julia Scott and the San Mateo County Times:

• Owner misses deadline for plan to save Pacifica cliff apartments – San Jose Mercury News.

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

The Current Complaint

On July 2 a lawsuit for breach of contract was filed in San Mateo Superior Court by the subcontractor that did the aerial drilling behind / beneath 330 Esplanade Avenue in Pacifica CA., Drill Tech Drilling & Shoring, Inc., against the the prime contractor. Engineering Soil Resources Inc. Also named in the suit was the owner of 330 Esplanade, Farshid Samsami. The suit alleges that Drill Tech Drilling & Shoring began work as contracted but was never paid. Work behind 330 Esplanade halted in February (Monday or Tuesday 2/15 or 2/16) before it was completed, and subsequently in April failed (for pictures and details see my post Further bluff collapse beneath 320 Esplanade).

You can see the case documents on the San Mateo Superior Court “Open Access” website, Unlimited Civil case, 496610, “Case CIV496610 – DRILL TECH DRILLING VS ENGINEERED SOIL REPAIRS“.

We observed the work with interest since it involved a big red crane hoisting workers in a basket over the coast side apartment building, and it seemed pretty obvious at the time that the work ended abruptly, unfinished. Now it seems we know why the work stopped, but of course do not know why invoices for the work have gone unpaid. Like much else of the story behind the actions on Esplanade, we wait for the details to come out in court.

Buried in the July 2 complaint, however, was a document that appears to reference an altogether different property.

Something Odd: November 2009 Bid

The first attachment in the complaint, presumably intended to represent the contract between the parties (exhibit “A”) does not reference 330 Esplanade at all. Instead it appears to be a bid that Drill Tech submitted to ESR dated November 12, 2009 for a similar soil-nail project to be done for 310 and 320 Esplanade.

November 2009 was weeks before the bluff erosion and collapse that ultimately closed 330, and eventually also shuttered 320 Esplanade.

Here are scans of the pages from the complaint:

..

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

According to the Bay City news service (via CBS5.COM Extra Time Given To Save Crumbling Pacifica Cliff), Doug Rider and the City of Pacifica granted Millard Tong, the owner of 320 Esplanade Ave., a 30-day extension on the deadline in order to submit a plan to rehabilitate the building.

“They’re actively trying to figure out how to finance (the repairs),” Rider said, citing the reason for the extension.

This extension appears to make the new deadline about Saturday July 17th.

Meanwhile previous reporting regarding 330 Esplanade that I relayed here on Adequate Bird has been clarified. According to Ryder, a set deadline has not been imposed for that owner.

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

See the full size images on Flickr at: Patio Removed Between 330 and 320 Esplanade, http://www.flickr.com/photos/chrisd2006/sets/72157624029799656/

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

On Thursday April 29 the owner and few remaining residents of 320 Esplanade received from Pacifica a Notice of Violation / Substandard and Dangerous Building, Orders to Vacate and Repair and a deadline of Sunday May 2nd, 11:00 PM, to vacate the building. For details on the notice see my post Orders to Vacate and Repair – 320 Esplanade.

City officials from the Planning and Development Department who ordered residents to vacate the building reportedly did so out of seismic concerns, rather than for erosion caused by surf or ground-water. Residents and observers have known that the loss of the protective bluff left the building in a precarious state. Apparently the latest engineering reports called into question the viability / practicality of replacing the bluff in order to make the buildings safe.

Media coverage:

• KGO-TV 7 (ABC) by Wayne Freedman, Crumbling cliff in Pacifica to force more evacuations. From this story we learned the number of remaining residents: four. Telling quote from Doug Rider, Pacifica City Official:

“At this point, no one can be certain that the buildings would be safe in an earthquake,” said Pacifica City Engineer Doug Rider. “Two weeks ago, they lost ten more feet of bluff between 320 and 330. It has undermined porches and foundations. If there were a large earthquake, sixty feet of bluff could fall right back to the street in an instant.”

• San Francisco Chronicle, SFGate.com by Henry K. Lee, Residents evacuate precarious Pacifica building.
• KTVU-TV 2 (FOX), KTVU.COM aired the story yesterday evening (4/29), Erosion Continues Pummeling Pacifica Cliff. The KTVU stories emphasize the seismic risk of the precarious building.
• KTVU also has nice raw video shot from a helicopter over Esplanade accompanying this story: Concrete Restraining Wall Fails; Pacifica Complex Evacuating. The sprayed concrete below the patio did fail. The video and pictures shows it has slipped down and peeled away from the sandy bluff wall.
• San Francisco Examiner, sfexaminer.com, Pacifica apt. residents ordered to evacuate. An excerpt from the concise, informative article:

The building, located at 320 Esplanade Ave., is next door to a property that was evacuated in December after the cliff supporting it began to fall away.

After residents evacuated 330 Esplanade Ave. in December, a private company began construction on a concrete wall to hold up the cliff. The wall was not completed due to financial constraints, Rider said. The building owners were responsible for financing the project and were unable to get supplemental money from federal agencies.

This week, rain washed away the sand behind the wall, causing it to crack and pull away from the cliff, Rider said. The building is now in danger of falling into the ocean.

• KPIX TV 5 (CBS), cbs5.com Crumbling Cliff Forces 2nd Pacifica Evacuation. Same story as on the SFExaminer website. (The story is actually from Bay City News.)
• KGO-TV 7 (ABC), Crumbling cliff in Pacifica to force more evacuations.

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

According to a KPIX-TV 5 (CBS) story on CBS5.COM by Joe Vazquez, Pacifica Apartments Dangle Closer To Ocean’s Edge (article
video):

The city has given the owners along Esplanade until Thursday (April 22) to come up with a new analysis to prove the buildings should stay.

Julia Scott confirmed the deadline in her San Mateo County Times story on MercuryNews.com, Parties play blame game over latest Pacifica cliff erosion. Ms. Scott reported:

Pacifica has given them (the owners of 310, 320 and 330 Esplanade) a deadline of Thursday to present a plan with evidence that the buildings can be made safe enough to occupy.

From Scott’s story: according to building representative Bart, building owners have met repeatedly to try to agree on a way forward but have not worked it out so far. “The stakes are high,” said Steve O’Connor, president of the firm hired to work on the bluff, Engineered Soil Repairs. O’Connor said, “if you don’t save these buildings, you’re endangering the buildings on the other side of Esplanade Avenue.”

Demolition Seems A Likely Outcome

The owners appear to be disagreeing on a coordinated solution to the bluff erosion problems, but I’ll bet the underlying issue is financing. The most important similarity among the owners along Esplanade is probably not the location of their buildings, but the challenges of running a profitable business as a landlord on Esplanade.

In a KTVU.COM KTVU / TV36 (FOX) story Erosion Damage Weakens Pacifica Cliff by Lloyd Lacuesta, an agent for one of the owners told (him) that they have yet to complete the attempts to shore up the cliff because they need some $2 million dollars to finish the job and can’t get a loan.

We have heard directly from the City Council that Pacifica can’t afford to buy the buildings or bail out the owners. The City of Pacifica does need to protect the street and utilities under and over it, but it can probably do that with disaster assistance funds once the privately owned apartment buildings are gone.

The scenario I expect is for 330 and 320 Esplanade to be condemned, and then the owners to be required to demolish them and remove the rubble.

KPIX-TV 5 (CBS) CBS5.COM. Raw Video: New Erosion Found at Pacifica Cliff, Tuesday April 20, 2010 1:09 PM. Chopper 5 video shows new damage at the scene of an Esplande Ave. apartment complex in Pacifica Tuesday.

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

Quite a bit of Esplanade-related activity is scheduled for consideration at Monday’s Pacifica City Council Meeting. Tip of the hat to Pacifica Riptide for drawing my attention to the Council Agenda with the post Gosh, Honey, You Bought Me a Crumbling Cliff?! You Shouldn’t Have!

Agenda details:

Aimco to Buy 330 Esplanade?

• Scheduled for a closed session immediately before the Council Meeting is a conference with a “real property negotiator” regarding 330 Esplanade. In this case the negotiator is Pacifica City Manager Stephen Rhodes and three negotiating parties: City of Pacifica; 330 Esplanade, LLC; and, Aimco Esplanade Avenue Apartments, LLC. Description of this session from the agenda, in its entirety:

PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Conference with Real Property Negotiator. Discussion concerns price and terms of payment. Agency negotiator attending session: Stephen Rhodes. Negotiating parties: City of Pacifica and 330 Esplanade, LLC and Aimco Esplanade Avenue Apartments, LLC Property: APN 009-131-030.

• Judging by the title of the post on Pacifica Riptide (Gosh, Honey, You Bought Me a Crumbling Cliff?! You Shouldn’t Have!) they seem concerned that Pacifica is planing to buy 330 Esplanade. This seems absurdly unlikely to me given the difficult financial situation in Pacifica. Instead, my inference is that Pacifica is in some way facilitating a deal between Aimco and the current owner of 330 Esplanade.

• Judge for yourself, here’s the entirety of California Government Code Section 54956.8:

Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.

However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate.

For purposes of this section, negotiators may be members of the legislative body of the local agency.

For purposes of this section, “lease” includes renewal or renegotiation of a lease.

Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9.

• It does seem to apply to “purchase, sale, exchange, or lease of real property by or for the local agency.” Maybe I’m wrong and Pacifica really does want to own a near-ruined building?!
• We have wondered where the money to finish the rehabilitation of 330 Esplanade’s property would come from. From the Aimco website: Aimco is a real estate investment trust headquartered in Denver, Colorado that owns and operates a geographically diversified portfolio of apartment communities.
• Aimco owns 5 or more properties with 25 miles of Pacifica, and 3 in Pacifica proper (see map).

City Property Threatened by Erosion

• A new proclamation of Local Emergency to be ratified on Monday describes:

severe cliff erosion, landslide, ground subsidence and failure of the revetment supporting the City’s storm drainage outfall structures at 380 and 400 Esplanade Avenue in Pacifica (see 04/12_2010 City Council Meeting Agenda PDF page 36)

• This is the first time that a threat to City property has recognized by an emergency proclamation. We have long heard that City finances will start to flow if or when municipal assets are at risk, so we’re curious to see how this new chapter of the story develops.

Dollaradio Station (100 Palmetto Avenue) to be Designated Historic Landmark

• In a follow-up to a resolution passed in the February City Council meeting (Weekend Update – February 22, 2010), an ordinance making Dollaradio an official Historic Landmark has been introduced.
• Based on discussion at the February meeting, it appears the Historic Landmark designation will be granted in order to make it possible or easier for Joan Levin, the owner of Dollaradio, to find other sources of funding for the work to save her property.
• Note that the work that has been done was considered temporary, granting only about another year of life to one or more of the buildings, and additional work is necessary for a more permanent fix.

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

The Coastal Commission requires that applicants such as Pacific View Villas post a public notice of any permit they submit. This doesn’t mean that the permit will be approved, or that work will begin any time soon.

NOTICE OF PENDING PERMIT

Permit application for development on this site is pending before the California Coastal Commission.

Proposed Development: Reconstruction of the rock rip rap revetment at the base of (top) filled slope.

Location: 200-224 Palmetto Ave. Pacifica, CA 94044.

Applicant: Pacifica View Villas Home Owner Association; B. Willoughby Authorized Agent.

Date Notice Posted: 3-7-2010

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

Contact Information for Agencies Involved in Bluff Erosion
Original on Pacifica website. Following is the contact list as of March 11, 2010.

FEMA
U.S. Department of Homeland Security
1111 Broadway, Suite 1200
Oakland, CA 94607-4052
Casey De Shong
510-627-7785
www.fema.gov
Casey.deshong@dhs.gov

California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, CA 94105-2219
Rudy Pap
415-904-5260
www.coastal.ca.gov
rpap@coastal.ca.gov

US Army Corps of Engineers
San Francisco District
415-503-6702
usace.army.mil

Small Business Administration (SBA)
455 Market Street, 6th Floor
San Francisco, CA 94015-2420
415-744-6820
www.sba.gov

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

Emergency permits processed by Coastal Commission for 100 Esplanade February 16, 2010 and 360 Esplanade March 3, 2001.

EMERGENCY PERMITS

1. 2-10-007-G Land’s End Associates, Llc; Rjr Engineering, Attn: Robert Anderson (Pacifica, San Mateo County) [February 16, 2010]
2. 2-10-011-G Aimco, Esplanade Avenue Apartments, Llc, Attn: Sean Finnegan (Pacifica, San Mateo County)  [March 3, 2001]

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

Monday March 1, 2010 – Pacific Skies Estates mobile homes park

• KGO-TV 7 (ABC) Pacifica mobile homes threatened by high waves. A few mobile homes in Pacifica were quickly boarded up after big waves began pounding the beach. One of the houses on 4th Avenue, inside the Pacific Skies Estates mobile homes park, was damaged.
• KRON4 TV (Independent) Geologists Assess Damage to Pacifica Trailer Park. Geologists and other experts are examining erosion damage at a Pacifica trailer park after a weekend surge damaged one mobile home. The resident of the damaged home may be moved to another facility. Pacifica Mayor Sue Degrie told KRON 4′s Yoli Aceves Monday morning:

“There’s been a concern that anytime you have erosion starting, when you have a winter and rains like they were, we’re very fortunate that it’s not a strong El Nino year and that we haven’t had terrible rains but the rains that we did have over the weekend were very concerning because you have rains on top and the high surf.”

“I saw the pier yesterday and they were very high near the pier. This whole coastline is obviously a very serious situation.

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

Deeply Undercut Rear of 320 Esplanade

Monday March 1, 2010 – Weekend Update

• Continued erosion at the open space (“dog park”) but no word if it has increased the risk to building 112 of the Lands End complex
• No work on Esplanade or at Lands End this past week
• Work continued on the project to protect the Dollar Radio buildings. This work has been termed “temporary” and expected to provide a year or so of protection only.
• Fence installed around 330 Esplanade.
• There are so many posts regarding the erosion-related problems in Pacifica that it’s getting harder to find things. The search functionality on the side of each page helps, as does the Esplanade page. I’ve been tinkering around with a more visual representation of the posts here: Experimental Esplanade Timeline – Version 1. Let me know what you think.

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

During the Study Session hosted by the Pacifica City Council on February 10th, one of the possible funding sources that was discussed was an Army Corp of Engineers program called “Section 103″. You can see Section 103 for yourself here, or hit the More link below for the full text.

After passing a pre-selection assessment, a municipality can request a feasibility study. The first $100K of the study is fully Federally funded, but all work after that is paid in a cost sharing arrangement with the local municipality responsible for 35% to 50% of the total, and a cap of $3 million.

The sense at the Study Session was that no solution that might require funds from Pacifica could be considered. It is possible that the Army Corp of Engineers could start a study with no promise of actually doing the work, as was reported in the Feb. 18 Pacifica Tribune story on MercuryNews.com Cliff issues explored in city study session; Agencies offer assistance explaining procedures and permits. This seemed unworkable at the Study Session, though I suppose nothing was ultimately ruled out.

The full text of Section 103, surprisingly readable, follows:

WHAT CAN THE CORPS DO?

Section 103 of the River and Harbor Act of 1962, as amended, provides authority for the U.S. Army Corps of Engineers to plan, design, and construct projects to protect public or private properties and facilities against damages caused by storm driven waves and ocean currents. The U.S. Army Corps of Engineers adopts a project for construction after detailed investigation clearly shows the engineering feasibility and economic justification of the project. Projects are formulated for hurricane and storm damage reduction.

Studies are required to evaluate potential projects. Each project selected must be complete within itself. It also must be environmentally acceptable and economically justified; that is, benefits resulting from constructing a project must exceed the cost incurred to construct the project. In addition, each project is limited to a total Federal cost of not more than $3 million, including all project-related costs for feasibility studies, planning, engineering, and construction supervision and administration.

STUDY COST SHARING:

The feasibility study phase involves all planning and engineering activities required to formulate and evaluate a project. The first $100,000 of the feasibility study phase is at all Federal cost, with additional feasibility studies cost-shared 50 percent Federal and 50 percent non-Federal.

PROJECT COST SHARING:

The non-Federal sponsor must provide all lands, easements, relocations, rights-of-way, and borrow or disposal areas. Costs assigned to protection of federally owned property are 100 percent Federal. Costs assigned to protection of privately owned, undeveloped lands and shores that are not open to the public are 100 percent non-Federal. Costs assigned to areas where criteria for public uses are met are 35 percent non-Federal.

WHAT ARE THE LOCAL RESPONSIBILITIES?

Before a solution is implemented, formal assurance of local cooperation must be furnished by a local sponsoring agency. The local sponsor must be a municipality or public agency fully authorized under state law to give such assurances and financially capable of fulfilling all measures of local cooperation. Sponsoring agency must normally agree to:

1. Provide cash contribution ranging from 35 percent to 100 percent of project implementation costs.
2. Provide without cost to the United States all land, easements, relocations, rights-of-way, and borrow or disposal areas (LERRD’s) necessary for construction and subsequent operation and maintenance of the project.
3. Hold and save the United States free from claims for damages that may result from construction and subsequent maintenance of the project, except damages due to the fault or negligence of the United States or its contractors.
4. Assure that water pollution that would endanger the health of bathers will not be permitted where the beach is used for recreational purposes.
5. Assure continued public ownership or continued public use of the shore upon which the amount of Federal participation is based, and assure its administration for public use during the economic life of the project.
6. Assure maintenance and repair and local share of periodic beach nourishment, where applicable during the useful life of the project as may be required to serve the project’s intended purpose.
7. Assume full responsibility for all project costs in excess of the Federal cost limitation of $3 million.

HOW CAN A STUDY BE REQUESTED?

An investigation under Section 103 may be initiated after receipt of a formal request from the prospective sponsoring agency. An example of an acceptable resolution is given below. This request and any further inquiries concerning a beach erosion control project should be made directly to:

Chief, Planning Services Section
U.S. Army Corps of Engineers, Wilmington
69 Darlington Avenue
Wilmington, North Carolina 28403

Bus. (910) 251-4926         Fax (910) 251-4744
email: sawweb-fpm@saw02.usace.army.mil

SAMPLE RESOLUTION

Be it resolved that the (City Council, Town Council, County Board of Commissioners, etc.) requests the U.S. Army Corps of Engineers to conduct investigations and studies to determine the feasibility of developing a shore and beach erosion control project at (location) under the authority provided by Section 103 of the River and Harbor Act of 1962, as amended.

The first $100,000 of the feasibility phase study will be at all Federal cost, with any additional feasibility studies cost-shared 50 percent Federal and 50 percent non-Federal. The (City Council, etc.) can provide 50 percent of the feasibility study phase cost in excess of $100,000, all of which may consist of in-kind services.

It is understood that, if it is found feasible and advisable to develop a beach erosion control project at (location), the (City Council, etc.) would be required, before construction commences, to enter into a contractual agreement that it will provide such local cooperation as may be prescribed by the Secretary of the Army.

The (Clerk, Secretary, etc.) of the (City Council, etc.) shall be, and is hereby, directed to transmit three copies of this resolution to the District Engineer at the address listed above.

Signed (Mayor, Board Chairman, etc.)

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

Pacifica has posted Tuesday’s Proclamation of Emergency to its website: City Declares Local Emergency by proclamation on February 16, 2010 for Esplanade area (PDF Link). Key phrase:

To deal with this threat the City is requesting a Federal Small Business Administration (SBA) disaster declaration so as to qualify the owners for SBA assistance to shore up the properties

Use the link above to see the original PDF file on the Pacifica website, or click “More” to read the text of the Proclamation here.

PROCLAMATION CONFIRMING EXISTENCE OF A LOCAL EMERGENCY

By: CITY MANAGER

WHEREAS, Section 4-2.05 of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session; subjed to ratification by the City Council at the earliest possible time; and

WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within said City, caused by severe cliff erosion and subsidence in the area of Pacifica adjacent to the Pacifica Ocean from a point at Manor Drive northward to the area of approximately 100 Palmetto. This condition is the result of El Nino conditions that have brought heavy wave action, strong winds and short bursts of heavy rain; and

WHEREAS, a total of 326 housing units are in peril due to the erosion. Of those, 14 are single family dwellings and the remainder are multi-family units; and

WHEREAS, due to the erosion there is an imminent threat of loss of structural support for the units and potential collapse into the ocean. To deal with this threat the City is requesting a Federal Small Business Administration (SBA) disaster declaration so as to qualify the owners for SBA assistance to shore up the properties; and

WHEREAS, said City does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; and

NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that said local emergency does exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of Pacifica, State of California.

IT IS FURTHER ORDERED that a copy of this declaration be forwarded to the Governor of California with the request that he proclaim a state of emergency for Pacifica, and further that the Governor request a Presidential Declaration and an SBA disaster declaration.

Dated: February 16, 2010

BY:

Stephen A. Rhodes. Citv Manager
Director of Emergency Services

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

City manager Stephen Rhodes declared a state of emergency Wednesday to help building owners affected by cliff erosion seek low-interest loans to cover expensive bluff repair work. Pacifica City Councilwoman Mary Ann Nihart explained the decision:

We’re not in a position right now where our streets or utilities are going to be immediately at risk, but we wanted to help the property owners as much as possible.

The city’s proclamation covers an the area from Manor Drive to Muscle Rock on Palmetto Ave., and must be approved at various governmental levels up to and including the Governor. If approved, it would allow: owners to apply for low-interest Small Business Administration loans; and, additional work to be undertaken immediately without the Coastal Commission’s approval.

The Federal Emergency Management Agency has repeatedly denied the Esplanade area’s elibility for aide due to the threat being to only private property, and to long-standing pre-existing conditions.

Sources:

• I’ll link to Pacifica’s proclamation if/when they post it to CityOfPacifica.org City declares local emergency in and around 330 Esplanade
• UPDATE 2/18/2010: Pacifica has posted the Proclamation. For a link and copy of the proclamation, see my post: City Declares Local Emergency by proclamation on February 16, 2010 for Esplanade area
• MercuryNews.com, San Mateo County Times Pacifica declares emergency to help fund bluff repairs
• KTVU 2 (Fox) Pacifica Declares Local State Of Emergency Over Eroding Cliff

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

Photo credit: http://www.flickr.com/photos/kristiewells/ / CC BY-NC-SA 2.0

The high surf was the headline this weekend. Also this weekend workers took a well-deserved rest and there’s word that work will begin behind 320 Esplanade and Lands End may receive a permit to begin work soon. There has no news regarding the properties north of Lands End along Palmetto Avenue.

High Surf

The Mavericks Surf competition saw waves over 40 feet tall, but at Esplanade, away from the uniquely ramped sea-floor topology at the break, the waves were a much more manageable 18 to 20 feet. Even combined with high tide, the waves washed harmlessly at the 30+ foot tall rock rip rap revetment at the base of the Esplanade bluffs.

Current and Future Work Along Esplanade

Referring to the buildings and the work of the team he is overseeing, Tony Fortunato said

They held up well. We have most of the flashing in under the cliff, now, but not the finishing coat.

Fortunato expects to begin similar work beneath the apartments of 320 Esplanade in the near future.

They’re at the point where the other apartments were when they needed work.

Lands End

According to the KGO-TV 7 (ABC) story No further damage to Pacifica cliffs (2/15/2010) the owners of Lands End are close to receiving a permit from the California Coastal Commission for work beneath their crumbling cliffs, as well. At this point I do not know what would cause any delay, since the Coastal Commission has seemed to turn around emergency permit applications quickly.

Note that the text on the KGO-TV web page is current as of February 15th, but the video is old and dates back to January 25th.

See all of my pictures of the Esplanade crisis:

http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade.

http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

The Maverick’s Surf contest is ON for Saturday, February 13th. See MavericsSurf for details and live streams. The first heats are scheduled from 8:00 AM on.

Why We Care

Here’s the Surf Height Forecast from StormSurf.com. Note the peak of 30′ on Saturday February 13th:

The impact along Esplanade Ave could be significant:

    6.2 feet : height of high tide
  +  30 feet : forecast wave maximum height on Feb 13
  ==========
   36.2 feet : combined height of seas plus tide

OK, how about that rip rap rock piled along the base of 320 and 330 Esplanade?

     31 feet : height of rip rap rock along the base of 320 and 330 Esplanade Ave

You can do the last bit of math for yourself, I'm sure!

Our hopes and best wishes go out to the folks who still live and own property in harm’s way. We’ve moved a little bit inland, though still in the neighborhood.

(See all of my pictures of the Esplanade crisis:
http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade.
http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/)

The California Coastal Commission is scheduled to meet tomorrow, February 10 2010. The situation on Esplanade Ave in Pacifica is addressed in the Emergency Permits section of the North Central Coast District Deputy Director’s Report. Emergency Permits for 320 and 330 Esplanade have already been approved, and so has a somewhat surprising one for 360 Esplanade. I see no mention of any kind for Lands End or the dog park in front of it, nor for the Pacific View Villas condo complex on Palmetto Ave. (California Coastal Commission, Current meeting – changes monthly, Live stream of meeting)

Approval for Emergency Permit No. 2-10-004-G was granted on February 3, 2010 for Farshid Samsami (Owner, 330 Esplanade) and Millard Tong (Owner, 320 Esplanade). Approval for Emergency Permit No. 2-10-006-G was granted on February 8, 2010 for AIMCO Esplanade Apartments, LLC (Owner, 360 Esplanade).

Here is an excerpt of the Emergency Permits summary from the Deputy Director’s Report:

REPORT OF EMERGENCY PERMITS

The Executive Director has determined that the following developments do not require a coastal development permit pursuant to Section 13142 of the California Code of Regulations because the development is necessary to protect life and public property or to maintain public services.

You can download the February 2010 North Central Coast District Deputy Director’s Report from the California Coastal Commission website here (PDF, 8.4 MB). The full report is huge, so I created a much smaller version with only the pages related to Esplanade, and you can download it here: North Central Coast District Deputy Director’s Report, February 2010.

I’ve also generated a text-only version of the Esplanade related pages. Note that limitations in the technology involved resulted in typos and a near-complete loss of formatting. You can see that by clicking the MORE link below.

See all of my pictures of the Esplanade crisis:
http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade.
http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

CALIFORNIA COASTAL COMMISSION
NORTH CENTRAL COAST DISTRICT OFFICE
45 FREMONT, SUITE 2000
SAN FRANCISCO, CA 94105-2219
(415) 904-5260 FAX (41 5) 904-5400

NORTH CENTRAL COAST DISTRICT

DEPUTY DIRECTOR’S REPORT

For the

February Meeting of the California Coastal Commission

Date: February 10, 20 10

TO: Commissioners and Interested Parties

FROM: Charles Lester, North Central Coast District Deputy Director

SUBJECT: Deputy Director’s Report

Following is a listing for the waivers, emergency permits, immaterial amendments and extensions issued by the North Central Coast District Office for the February 10, 2010 Coastal Commission hearing. Copies of the applicable items are attached for your review. Each item includes a listing of the applicants involved, a description of the proposed development, and a project location.

Pursuant to the Commission’s direction and adopted procedures, appropriate notice materials were sent to all applicants for posting at the project site. Additionally, these items have been posted at the District office and are available for public review and comment.

This report may also contain additional correspondence and/or any additional staff memorandum concerning the items to be heard on today’s agenda for the North Central Coast District.

NORTH CENTRAL COAST DISTRICT DEPUTY DIRECTOR’S REPORT PAGE 1 OF 3

NORTH CENTRAL COAST DISTRICT DEPUTY DIRECTOR’S REPORT CONTINUED

EMERGENCY PERMITS

1. 2-10-003-G San Francisco Department Of Public Works, Attn: Frank Filice (San Francisco, San Francisco County)

2. 2-10-004-G Farshid Samsarni; Millard Tong (Pacifica, San Mateo County)

3. 2-10-006-G Aimco, Esplanade Avenue Apartment, LLC, Attn: Scan Finnegan (Pacifica, San Mateo County)

IMMATERIAL AMENDMENTS

1. 2-06-01 1-A1 Andrew J. Kampe (Pescadero, San Mateo County)

TOTAL OF 4 ITEMS

NORTH CENTRAL COAST DISTRICT DEPUTY DIRECTOR’S REPORT PAGE 2 OF 3

NORTH CENTRAL COAST DISTRICT DEPUTY DIRECTOR’S REPORT CONTlNUED

DETAIL OF ATTACHED MATERIALS

REPORT OF EMERGENCY PERMITS

The Executive Director has determined that the following developments do not require a coastal development permit pursuant to Section 13142 of the California Code of Regulations because the development is necessary to protect life and public property or to maintain public services.

REPORT OF IMMATERIAL AMENDMENTS

The Executive Director has determined that there are no changes in circumstances affecting the conformity of the subject development with the California Coastal Act of 1976. No objections to this determination have been received at this office. Therefore, the Executive Director grants the requested Immaterial Amendment, subject to the same conditions, if any, approved by the Commission.

CALIFORNIA COASTAL COMMISSION
NORTH CENTRAL COAST DISTRICT
45 FREMONT STREET, SUITE 2000
SAN FRANCISCO, CA 94105-2219
VOICE AND TDD (415) 904-5260
FAX (41 5) 904-5400

EMERGENCY PERMIT

Date: February 3, 2010
Emergency Permit No. 2-10-004-G

Farshid Samsami (Owner, 330 Esplanade)
200 Valley Drive #26
Brisbane, CA 94005

Millard Tong (Owner, 320 Esplanade)
320 Esplanade Ave., #56
Pacifica, VA 94044

LOCATION OF EMERGENCY

320 & 330 Esplanade Avenue, Pacifica (San Mateo County), APNs 009-413-030 & 009-413-020

EMERGENCY WORK

Installation of a soil nail wall along the upper bluff consisting of (1) 11 rows of soil nails at a depth of 45 to 50 feet, (2) two layers of shotcrete facing, including an initial support layer up to 6 inches thick and fiber reinforced, and a structural layer up to 8 inches thick reinforced with epoxy coasted wire mesh, and (3) strips of drainage panels on the exposed face of the bluff to provide drainage behind the shotcrete facing

This letter constitutes approval of the emergency work you or your representative has requested to be done at the location listed above. I understand from your information that an unexpected occurrence in the form of accelerated bluff erosion posing a threat to structures at 320 & 330 Esplanade Avenue requires immediate action to prevent or mitigate loss or damage to life, health, property or essential public services pursuant to 14 Cal. Admin. Code Section 13009. The Executive Director of the California Coastal commission hereby finds that:

(a) An emergency exists that requires action more quickly than permitted by the procedures for administrative or ordinary coastal development permits (CDPs), and that the development can and will be completed within 30 days unless otherwise specified by the terms of this Emergency Permit; and,

(b) Public comment on the proposed emergency development has been reviewed if time allows.

The emergency work is hereby approved, subject to the conditions listed on the attached pages.

Sincerely,

PETER M. DOUGLAS

Executive Director

CC       City of Pacifica
Bart Willoughby

Emergency Permit No. 2-10-004-G
Date: February 3, 2010
Page 2

CONDITIONS OF APPROVAL:

1. The enclosed Emergency Permit Acceptance form must be signed by the PROPERTY OWNER and returned to our office within 15 days from the date of this permit.

2. Within 15 days from the date of this Emergency Permit, the permittee shall submit the required Emergency Permit application fee of $1.000.00 pursuant to Section (III)(E) of the Commission’s fee schedule. The emergency permit application fee may be credited toward the increased application fee for the follow-up coastal development permit (i.c., CDP Application No. 2-03-01 8 ) based on an adjusted development cost of the amended project description required by Condition #21 below.

3. Only that work specifically described in this permit and for the specific property listed above is authorized. Work is further limited to the installation of a soil nail wail consistent with the letter dated January 19, 2010 from Steven O’Connor, Principal Engineer of Engineered Soil Repairs, Inc, and shown on Sheet S-1 dated January 21, 2010 and Sheets S-2, S-3, and S-4 dated January 19, 2010. Any additional work requires separate authorization from the Executive Director.

4. All work shall take place in a time and manner to minimize any potential damages to any resources, including intertidal species, and to minimize impacts to public access.

5. The work authorized by this permit must be completed within 60 days of the date of this permit, which shall become null and void unless extended by the Executive Director for good cause.

6. The applicant recognizes that the emergency work is considered TEMPORARY and subject to removal unless and until a regular coastal development permit permanently authorizing the work is approved. A regular permit would be subject to all of the provisions of the California Coastal Act and may be conditioned accordingly. These conditions may include provisions for public access (such as offers to dedicate, easements, in-lieu fees. etc.) and/or a requirement that a deed restriction be placed on the property assuming liability for damages incurred from storm waves.

7 .In exercising this permit, the applicant agrees to hold the California Coastal Commission harmless from any liabilities for damage to public or private properties or personal injury that may result from the project.

8. This permit does not obviate the need to obtain necessary authorizations and/or permits from other agencies, including but not limited to the California Department of Fish &

Emergency Permit No. 2-10-004-G
Date: February 3, 2010
Page 3

Game, U.S. Fish & Wildlife, Regional. Water Quality Control Board, US. Army Corps of Engineers, and the California State Lands Commission.

9. PRIOR TO COMMENCEMENT OF CONSTRUCTION. the applicant shall secure Authorization from all involved property owners, including but not limited to the City of Pacifica, for use of any property not owned by the applicant for construction staging, stockpiling, and construction access purposes.

10. Public access to and along the shoreline in the project area shall be permitted and provided to the maximum extent feasible, consistent with public safety.

Construction Responsibilities:

11. All areas used for construction staging and access purposes shall be kept free from any trash or debris not needed for construction purposes. Daily trash and debris haul shall be implemented.

12. No construction equipment, materials, or debris shall be placed where they may be subject to ocean waters or dispersion. No construction equipment or materials shall be stored on the beach.

13. If, at any time while the work authorized by this Emergency Permit is occurring, any marine mammals are located on or seaward of the subject property, work must immediately stop and the Property Owner must immediately call the Marine Mammal Center is Sausalito, CA or the National Marine Fisheries Service to report that a marine mammal. is located on the beach. Work must not commence until either the animal. is removed by the Marine Mammal Center or the National Marine Fisheries Service, or until the animal returns to the ocean on its own without any harassment.

14. All construction activities that result in discharge of’ materials, polluted runoff, or wastes to the beach and/or the adjacent marine environment are prohibited. The Permittee shall collect, contain, and properly dispose of all construction leaks. drips, by-products, and any similar contaminants through the use of containment structures or equivalent as necessary (including through the use of collection devices and absorbent materials placed below any above-ground work where such contaminants are possible and/or expected). Equipment washing, refueling, and/or servicing shall not take place on the beach.

15. A copy of the signed Emergency Permit shall be maintained in a conspicuous location at the staging area at all times, and such copy shall be available for public review on request. All persons involved with the construction shall be briefed on the content and meaning of the Emergency Permit, including all of’ its terms and conditions, prior to commencement of construction.

Emergency Permit No. 2-10-004-G
Date: February 3, 2010
Page 4

16. Particular care shall be exercised to prevent foreign materials (e.g. construction scraps. outfall discharge. other chemicals, etc.) from entering Pacific Ocean waters. A floating containment boom shall be placed around all active portions of the construction site where any floatable debris could enter the water. Contractor shall insure that work crews arc carefully briefed on the importance of observing the appropriate precautions and reporting any accidental spills. Construction contracts shall contain appropriate penalty provisions, sufficient to offset the cost of retrieving or clean up of’ foreign materials not properly contained.

17. The construction site and staging area(s) shall be maintained with good construction housekeeping measures (e.g., dean up all leaks, drips. and other spills immediately; keep materials covered and out of the rain); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather: and remove all construction debris from the beach.

Upper Bluff Drainage Maintenance Responsibilities:

18. The Applicant shall regularly inspect and maintain drain lines installed pursuant to Emergency Permit No. 2-09-021-G to ensure that roof downspouts discharge drainage onto the street at the front of the property and away from the bluff edge.

Post-Construction Responsibilities:

19.Within seven days of completion of the work authorized by the Emergency Permit. the property owner shall submit photographic evidence of compliance with the Emergency Permit.

20. Within 30 days of completion of the construction authorized by this Emergency Permit, the permittee shall submit site plans and cross sections prepared by a certified civil engineer or engineering geologist. clearly identifying the work completed under the emergency authorization and a narrative description of all emergency construction activities undertaken pursuant to this Emergency Permit.

21. Within 30 days of completion of the construction authorized by his Emergency Permit, the permittee shall submit an amendment to the project description for the pending follow-up coastal development permit (CDP No. 2-03-018) to (1) retain the emergency soil nail wall installed under this permit., or (2) to remove the emergency soil nail wail. And/or (3) propose a permanent solution to the bluff erosion condition at the subject site that incorporates and/or modifies the emergency soil nail wall installed under this permit. The proposed amended project description shall be accompanied by all necessary information, including, bur not limited to, engineered plans and cross-sections,

Emergency Permit No. 2-10-004-G
Date: February 3, 20 10
Page 5

proposed mitigations, and project cost. Additionally, the permittee shall provide deep boring data prepared by a qualified geologist from a minimum of’ three borings drilled evenly spaced across the subject site to determine depth of beach sands, terrace deposits, and underlying greenstone “bedrock”.

22. The permittee shall be responsible for removing any debris or material that becomes dislodged and deposited on the beach after completion of the temporary soil nail wall authorized by this Emergency Permit as soon as possible after such displacement occurs. The permittee shall contact the Coastal Commission District Office immediately to determine whether such activities require a coastal development permit.

23. Failure to comply with the conditions of this approval may result in enforcement action under the provisions of Chapter 9 of the Coastal Act.

NORTH CENTRAL COAST DISTRICT OFFICE
45 FREMONT, SUITE 2000
SAN FRANCISC0, CA 94105-2 219
VOICE AND TDD (415) 901-5260
FAX (415) 904-5 400

EMERGENCY PERMIT ACCEPTANCE FORM

TO: CALIFORNIA COASTAL COMMISSION
NORTH CENTRAL COAST DISTRICT OFFICE
45 FREMONT STREET, SUITE 2000
SAN FRANCISCO, CA 94105-2219
(415) 904-5260 FAX (41 5) 904-5400

RE: Emergency Permit No. 2-10-004-G (Millard Ton, 320 Esplanade Avenue & Farshid Samsami, 330 Esplanade Avenue)

INSTRUCTIONS: After reading the Emergency Permit, please sign this form and return to the North Central Coast District Office within 15 working days from the permit’s date (i.e., by February 23, 2010).

I hereby understand all of the conditions of the emergency permit being issued to me and agree to abide by them.

I also understand that the emergency work is TEMPORARY and that a regular Coastal Permit is necessary for any permanent installation. I agree to complete Coastal Development Permit Application No. 2-03-018 within 30 days of the date of the emergency permit (i.e., by February 27, 2010).

Signature of property owner or Executive Director

Name

Address

Date of Signing

CALIFORNIA COASTAL COMMISSION
NORTH CENTRAL COAST DISTRICT
45 FREMONT STREET, SUITE 2000
SAN FRANCISCO, CA 94105-2219
VOICE AND TDD (415) 904-5260
FAX (41 5) 904-5400

EMERGENCY PERMIT

Date: February 8, 2010
Emergency Permit No. 2-10-006-G

AIMCO Esplanade Apartments, LLC
Attn: Sean Finnegan
26 Executive Park Suite 125
Irvine, CA 92614

LOCATION OF EMERGENCY

360 Esplanade Avenue, Pacifica (San Mateo County), APN 009-413-060

EMERGENCY WORK

Installation of a soil nail wall along an approximately 40-foot long section of the upper bluff consisting of (1) approximately 30-foot-long soil nails placed at 5-foot vertical intervals in both the vertical and horizontal direction, (2) a facing element such as shotcrete with wire mesh reinforcement, and (3) drainage panels behind the wall facing.

This letter constitutes approval of the emergency work you or your representative has requested to be done at the location listed above. I understand from your information that an unexpected occurrence in the form of accelerated bluff erosion posing a threat to structures at 360 Esplanade Avenue requires immediate action to prevent or mitigate loss or damage to life, health, property or essential public services pursuant to 14 Cal. Admin. Code Section 13009. The Executive Director of the California Coastal commission hereby finds that:

(c) An emergency exists that requires action more quickly than permitted by the procedures for administrative or ordinary coastal development permits (CDPs), and that the development can and will be completed within 30 days unless otherwise specified by the terms of this Emergency Permit; and,

(d) Public comment on the proposed emergency development has been reviewed if time allows.

The emergency work is hereby approved, subject to the conditions listed on the attached pages.

Sincerely,

PETER M. DOUGLAS

Executive Director

CC       City of Pacifica

Enclosure: Acceptance Form

Emergency Permit No. 2-10-006-G
Date: February 8, 2010
Page 2

CONDITIONS OF APPROVAL:

1. The enclosed Emergency Permit Acceptance form must be signed by the PROPERTY OWNER and returned to our office within 15 days from the date of this permit.

2. Within 15 days from the date of this Emergency Permit, the permittee shall submit the required Emergency Permit application fee of $1,000.00 pursuant to Section (III)(E) of the Commission’s fee schedule. The emergency permit application fee may be credited toward the increased application fee for the follow-up coastal development permit (i.e., CDP Application No. 2-08-020) based on an adjusted development cost of the amended project description required by Condition #20 below.

3. Only that work specifically described in this permit and for the specific property listed above is authorized. Work is further limited to the installation of a soil nail wall consistent with the letter dated January 27,2010 from Scott M. Leck, Principal Geotechnical Engineer of TRC Companies, Inc, and as shown on Figures 1-3 referenced in the January 27,20 10 letter. Any additional work requires separate authorization from the Executive Director.

4. All work shall take place in a time and manner to minimize any potential damages to any resources, including intertidal species, and to minimize impacts to public access.

5. The work authorized by this permit must be completed within 60 days of the date of this permit, which shall become null and void unless extended by the Executive Director for good cause.

6. The applicant recognizes that the emergency work is considered TEMPORARY and subject to removal unless and until a regular coastal development permit permanently authorizing the work is approved. A regular permit would be subject to all of the provisions of the California Coastal Act and may be conditioned accordingly. These conditions may include provisions for public access (such as offers to dedicate, easements, in-lieu fees, etc.) and/or a requirement that a deed restriction be placed on the property assuming liability for damages incurred from storm waves.

7. In exercising this permit, the applicant agrees to hold the California Coastal Commission harmless from any liabilities for damage to public or private properties or personal injury that may result from the project.

Emergency Permit No. 2-10-006-G
Date: February 8, 2010
Page 3

8. This permit does not obviate the need to obtain necessary authorizations and/or permits from other agencies, including but not limited to the California Department of Fish & Game, U.S. Fish & Wildlife, Regional Water Quality Control Board, U.S. Army Corps of Engineers, and the California State Lands Commission.

9. PRIOR TO COMMENCEMENT OF CONSTRUCTION, the applicant shall secure authorization from all involved property owners, including but not limited to the City of Pacifica, for use of any property not owned by the applicant for construction staging, stockpiling, and construction access purposes, 10. Public access to and along the shoreline in the project area shall be permitted and provided to the maximum extent feasible, consistent with public safety.

Construction Responsibilities:

11. All areas used for construction staging and access purposes shall be kept free from any trash or debris not needed for construction purposes. Daily trash and debris haul shall be implemented.

12. No construction equipment, materials, or debris shall be placed where they may be subject to ocean waters or dispersion. No construction equipment or materials shall be stored on the beach.

13. If, at any time while the work authorized by this Emergency Permit is occurring, any marine mammals are located on or seaward of the subject property, work must immediately stop and the Property Owner must immediately call the Marine Mammal Center is Sausalito, CA or the National Marine Fisheries Service to report that a marine mammal is located on the beach. Work must not commence until either the animal is removed by the Marine Mammal Center or the National Marine Fisheries Service, or until the animal returns to the ocean on its own without any harassment.

14. All construction activities that result in discharge of materials, polluted runoff, or wastes to the beach and/or the adjacent marine environment are prohibited. ‘The Permittee shall collect, contain, and properly dispose of all construction leaks, drips, by-products, and my similar contaminants through the use of containment structures or equivalent as necessary (including through the use of collection devices and absorbent materials placed below any above-ground work where such contaminants are possible and/or expected). Equipment washing, refueling, and/or servicing shall not take place on the beach.

Emergency Permit No. 2-10-006-G
Date: February 8, 2010
Page 4

15. A copy of the signed Emergency Permit shall be maintained in a conspicuous location at the staging area site at a11 times, and such copy shall be available for public review on request. All persons involved with the construction shall be briefed on the content and meaning of the Emergency Permit, including all of its terms and conditions, prior to commencement of construction.

16. Particular care shall be exercised to prevent foreign materials (e.g., construction scraps, garbage, chemicals, etc.) from entering Pacific Ocean waters. A floating containment boom shall be placed around all active portions of the construction site where any floatable debris could enter the water. Contractors shall insure that work crews are carefully briefed on the importance of observing the appropriate precautions and reporting any accidental spills. Construction contracts shall contain appropriate penalty provisions, sufficient to offset the cost of retrieving or clean up of foreign materials not properly contained.

17. The construction site and staging area(s) shall be maintained with good construction housekeeping measures (e.g., clean up all leaks, drips, and other spills immediately keep materials covered and out of the rain); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather; and remove all construction debris from the beach.

Post-Construction Responsibilities:

18, Within seven days of completion of the work authorized by the Emergency Permit, the property owner shall submit photographic evidence of compliance with the Emergency Permit.

19. Within 30 days of completion of the construction authorized by this Emergency Permit, the permittee shall submit site plans and cross sections prepared by a certified civil engineer or engineering geologist, clearly detailing the work completed under the emergency authorization and a narrative description of all emergency construction activities undertaken pursuant to this Emergency Permit.

20. Within 30 days of’ completion of the construction authorized by this Emergency Permit, the permittee shall submit an amendment to the project description for the pending follow-up coastal development permit (CDP No. 2-08-020) to: (I) retain the emergency soil nail wall installed under this permit, (2) remove the emergency soil nail wall, and/or (3) propose a permanent solution to the bluff erosion condition at the subject site that incorporates, removes, and/or modifies the emergency soil nail wall installed under this permit. The proposed amended project description shall be accompanied by all necessary

Emergency Permit No. 2-10-006-G
Date: February 8, 2010
Page 5

supporting information, including, but not limited to. engineered p1ans and cross-sections, proposed mitigations, and contractor receipts indicating total project cost (including the cost of the emergency work performed under Emergency Permit No. 2-1 0-006-G AND cost of the project as required to be amended by Condition #20).

21. The permittee shall be responsible for coordinating with adjacent property owners and the City of Pacifica to develop a permanent solution to the bluff erosion condition at the subject site as required by Condition #20 above.

22. The permittee shall be responsible for removing any debris or material that becomes dislodged and deposited on the beach after completion of the temporary soil nail wall authorized by this Emergency Permit as soon as possible after such displacement occurs. The permittee shall contact the Coastal Commission District Office immediately to determine whether such activities require a coastal development permit.

23. Failure to comply with the conditions of this approval may result in enforcement action under the provisions of Chapter 9 of the Coastal Act.

NORTH CENTRAL COAST DISTRICT OFFICE
35 FREMONT, SUITE 2000
SAN FRANCISC0, CA 94105-2219
VOICE AND TDD (415) 901-5260
FAX (415) 904-5 400

EMERGENCY PERMIT ACCEPTANCE FORM

TO: CALIFORNIA COASTAL COMMISSION
NORTH CENTRAL COAST DISTRICT OFFICE
45 FREMONT STREET, SUITE 2000
SAN FRANCISCO, CA 94105-2219
(415) 904-5260 FAX (41 5) 904-5400

RE: Emergency Permit No. 2-10-006-G (AIMCO Esplanade Apartments, LLC)

INSTRUCTIONS: After reading the Emergency Permit, please sign this form and return to the North Central Coast District Office within 15 working days from the permit’s date (i.e., by February 23, 2010).

I hereby understand all of the conditions of the emergency permit being issued to me and agree to abide by them.

I also understand that the emergency work is TEMPORARY and that a regular Coastal Permit is necessary for any permanent installation. I agree to complete Coastal Development Permit Application No. 2-08-020 in accordance with Condition Nos. 20 8 21 of Emergency Permit No. 2-10-006-G within 60 days of the date of the emergency permit (Le., by April 9, 2010).

Signature of property owner or Executive Director

Name

Address

Date of Signing

CALIFORNIA COASTAL COMMISSION
NORTH CENTRAL COAST DISTRICT
45 FREMONT, SUITE 2000
SAN FRANCISCO, CA 94105-2219
VOICE AND TDD (415) 904-5260
FAX (41 5) 904-5400

EMERGENCY PERMIT

Date: February 8,2010
Emergency Permit No. 2-10-006-G

AIMCO Esplanade Apartments, LLC
Attn: Sean Finnegan
26 Executive Park, Suite 125
Irvine, CA 92614

LOCATION OF EMERGENCY

360 Esplanade Avenue, Pacifica (San Mateo County), APN 009-41 3-060

EMERGENCY WORK

Installation of a soil nail wall along an approximately 40-foot long section of the upper bluff consisting of (1) approximately 30-foot-long soil nails placed at 5-foot vertical intervals in both the vertical and horizontal direction, (2) a facing element such as shotcrete with wire mesh reinforcement, and (3) drainage panels behind the wall facing.

This letter constitutes approval of the emergency work you or your representative has requested to be done at the location listed above. I understand from your information that an unexpected occurrence in the form of accelerated bluff erosion posing a threat to structures at 360 Esplanade Avenue requires immediate action to prevent or mitigate loss or damage to life? health, property or essential public services pursuant to 14 Cal. Admin. Code Section 13009, The Executive Director of the California Coastal Commission hereby finds that:

(a) An emergency exists that requires action more quickly than permitted by the procedures for administrative or ordinary coastal development permits (CDPs), and that the development can and will be completed within 30 days unless otherwise specified by the terms of this Emergency Permit; and

(b) Public comment on the proposed emergency development has been reviewed if time allows.

The emergency work is hereby approved, subject to the conditions listed on the attached pages.

Sincerely,

PETER M. DOUGLAS
Executive Director

CC:  City of Pacifica

Enclosure:  Acceptance Form

See all of my pictures of the Esplanade crisis:
http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade.
http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

Monday February 1, 2010

• KRON-TV 4 (Independent) reports an additional small fall (2 feet – but how long?) behind 320 Esplanade yesterday or last night: New Concerns Emerge About Cliff Behind Pacifica Apartments. No direct link to the piece available.
• KRON 4 also reported a meeting between contractors including Tony Fortunato of Engineered Soil Repairs and the building owners. Which owners were not specified but from the context I’d guess it was Farshid Samsami  of 330 Esplanade. The agenda was also not specified but apparently finding funds for the repairs was discussed. The story reiterated Pacifica’s refusal to pay anything until public infrastructure is threatened and FEMA’s refusal to get involved. New was mention of a $1 million fine that might be levied by the California Coastal Commission for modifications to the coastal area without permission. Also new was speculation that perhaps the project could attract Federal Stimulus money since… “after all, the project is creating jobs.”
• No news of any decision from Millard Tong, the owner of 320 Esplanade, to commence work to shore up his building.

Crews continued to work long hours to drill 50′ steel rods (“soil nails”) into the bluff under 330 Esplanade. Work started at the top of the bluff in order to anchor the most fragile, crucial part of the bluff first, and to make it safe for workers lower down. In this picture taken from a KPIX-TV 5 (CBS) video you can see the major parts of the project:

• Crew Basket. The crew is hanging from a big crane, extended out over the vacant building. We wonder if that crane is allowed to operate above an occupied building, such as neighboring 320 Esplanade.
• Drill and Grout. As the crew drills the 50′ long rods into the bluff, the hole is filled in with a cement grout.
• Steel plates. Once the rod is embedded in the bluff with grout, the hole is capped and the bluff is anchored with a rectangular steel plate.
• Sprayed cement. As the work progresses, the crew seals the sandy dirt face of the bluff with sprayed cement.

See all of my pictures of the Esplanade crisis:
http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade.
http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

The primary source for the following is KGO-TV 7 (ABC) Neighbors on Pacifica cliff ask City Council for help. See their video and article for the full story.

Condo owners at the Pacific View Villas complex on Palmetto Ave and some neighboring residents next to the endangered buildings on Esplanade Ave attended Monday’s Pacifica City Council meeting, and asked for financial help. There is no rock rip rap or seawall behind their properties and the bluff has eroded significantly. Unfortunately, although the menace of the erosion trending toward their properties seems clear, paying for measures to halt the erosion does not. Owners were concerned that they could not afford a remediation project. No particular estimate for the project was mentioned but figures ranging from hundreds of thousands to millions of dollars were discussed.

This article does not mention the City Council’s response, but it does say that when it comes to the government helping out on this project or others in the future, there is not much the city can do. I guess we have to read between the lines for the reasons… private property not the City’s concern, overall lack of funds, etc.

This is not the first time other owners have stepped forward with erosion-related concerns on properties nearby Esplanade Ave. On December 29th, two days after the original bluff collapse and evacuation, Julia Scott in the San Mateo Times reported on the problems facing Joan Levin. Levin owns a home adjacent to the Pacific View Villas condos. See Scott’s article in the San Mateo County Times on insideBayArea.com for details: Pacifica woman ponders moving home away from eroding bluff.

Also on Monday, Congresswoman Jackie Speier, D-San Mateo, came to see the erosion first hand.

FEMA cannot provide aid when there’s a pre-existing condition. There also has to be a state of emergency that has to be declared at the local, state and federal level — none of which has occurred here.

See the video and accompanying article for discussion of why there’s no state of emergency, and to see the beautiful property that the owners are trying to protect.

See all of my pictures of the Esplanade crisis:
http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/

For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade.
http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/

Monday 1/25/10 3:00 PM

• KGO-TV 7 (ABC): Chunk of eroding Pacifica cliff falls into the ocean – Wayne Freedman. Interesting to learn that crews hope to begin covering the upper part of the bluff behind 330 Esplanade with steel plates later this afternoon, and then to fill behind the plates with grout to cement the dirt in place. The plan is to insert 250 rods 50 feet horizontally into the cliff and create a giant sea wall by coating the cliff face with fiber-reinforced concrete. Two groaners in this article, at least for me:
  • How much dirt fell this morning and behind which building? I would guess it was not 320 Esplanade judging by the lack of any new “…residents nervous / moving out” type stories. “Smaller than the one last week but still worrisome.” Great video of the cliff and it’s nice to see Tony Fortunato on camera. But overall – yuck.
  • The web text accompanying the video ends with an odd sentence that needed clarification: “The rocks placed at the base of the cliff and a proposal to build a 540 foot seawall, are estimated to cost about $4 million.” Wouldn’t that long a seawall extend behind both 330 and 320 Esplanade? If so, how can the crane operate safely above the heads of the residents remaining in 320 Esplanade?
• See also “RAW VIDEO: SKY7 over eroding Pacifica cliff” for the latest in cliff erosion disaster-porn. Interesting thing here is the attention given to a fresh-looking fall behind 360 Esplanade.

Weekend Wrap-Up (Thursday to Sunday, January 21 to 24, 2010)

• 320 Esplanade imperiled. On Thursday the cement walkway, safety railing and bluff behind 3 apartments in 320 Esplanade collapsed into the surf. Pacifica’s Doug Rider, Chief Building Official, “red tags” the building as unsafe and residents are evicted… from just the affected apartments. (A total of 6 units were vacated: 3 on the first floor, and 3 on the second floor).
• We move out, but don’t go far. Enough’s enough. Enough of losing the safety margin behind the apartment and enough of early morning pounding on the door. See the scary pictures and our personal time-line.
• Owners decided to save 330 Esplanade. On Sunday the San Francisco Chronicle’s website SFGate reported that the owners decided to ante up the > $1 million needed stabilize the full height of the bluff, Spectators riveted as Pacifica buildings teeter. Questions remain about whether the owner of 330 Esplanade will sign on for similar work behind his building, and whether he can without forcing the evacuation of the remaining residents.
• Storms continue, but without the 20+ foot surf that threatened the bluff.

Good news so far, and some sense of relief and confidence as we look to the next several days.

• San Francisco Examiner, sfexaminer.com, Crumbling Pacifica cliff holding up in storm. Despite this week’s series of storms, including a powerful one Tuesday morning, project superintendent Fortunato said the cliff has not eroded further. “Right now we’re doing okay,” he said. “The storm today didn’t do any damage. We’re going to keep an eye on it.”
• KPIX-TV 5 (CBS) Pacifica Cliff Holding Up Despite Storms.
• KGO-TV 7 (ABC), Series of storms bring erosion concerns to bluffs. Despite the title and lead-in of this piece, the “news” is just that the dog park had further erosion. Later in the video they mention using soil nails to stabilize the top of the bluff beneath 330 Esplanade. We’d sure like someone in the media to give us a good accounting of the decisions made regarding next steps along Esplanade Ave!

This post is part of my coverage of the cliff erosion and collapse at 330 Esplanade Ave, Pacifica. For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade. You can see all of the pictures I’ve taken along Esplanade on Flickr at Evacuations at 330 Esplanade.

Sunday 01/17/10

• Early Start. Crews go to an early start on the beach below 320 Esplanade. Judging by the way the building shook, they were moving a terrific amount of rock but since I didn’t see activity down at the rock staging area by Chit Chat Cafe, I guess they were repositioning and tightening up the boulders already there. Were they taking advantage of a low tide before the storm hit? Not sure but that’s my guess.
• Days Missing – ??. On Thursday we heard that a decision regarding the fate of 330 Esplanade might be released shortly. (See my notes from 1/14 below).  Curiously though, more than a week ago KTVU reported that owners and engineers would meet and we’d get a decision “early in the week” – say Monday or Tuesday 1/11 or 1/12. Some sort of meeting did happen, since the work on 310 and then 320 was approved. What happened with 330 Esplanade? Don’t know.
• Speaking of the storm. MARINE WEATHER STATEMENT. This is in addition to the prodigious predicited rains… 4 or more inches in most areas to and 10+ inches in the coastal mountains (see Hydrologic Outlook).

  MARINE WEATHER STATEMENT
  NATIONAL WEATHER SERVICE SAN FRANCISCO BAY AREA
  449 AM PST SUN JAN 17 2010
  
  ...VERY LARGE SWELL EXPECTED LATE TUESDAY THROUGH WEDNESDAY...
  
  .A SERIES OF STORM SYSTEMS WILL IMPACT THE COASTAL WATERS MUCH OF
  THE UPCOMING WEEK.
  
  A STRONG AREA OF LOW PRESSURE OFF THE PACIFIC NORTHWEST COAST WILL
  HELP TO DIRECT A LARGE SWELL WITH A LONG FETCH TOWARD THE COAST.
  SEAS WILL BUILD THROUGH THE FIRST HALF OF NEXT WEEK AND ARE
  EXPECTED TO GENERALLY BE 25 FEET STARTING BY WEDNESDAY MORNING
  WITH SOME AREAS POSSIBLY SEEING CLOSE TO 30 FEET. IN
  ADDITION...THESE STORM SYSTEMS WILL ALSO BRING PERIODS OF GALE
  FORCE WINDS IN EXCESS OF 35 KT THROUGH OUT THE WEEK.