Complaints from the community may halt construction, creating a potential trouble spot during the imminent rain and fire season.
By Michael Aushenker / Special to the Malibu Times
Technical permitting and easement issues, along with the opposition from a small, but vocal minority are threatening to halt the project to reestablish a link between the north and south ends of Rambla Pacifico.
The road, which has been closed since 1984, would allow for a significantly shorter drive for residents and emergency vehicles. Residents are hoping to get the project finished soon because of the potential threat of fire.
The Planning Commission in June granted a permit to construct the 1,800-foot-long, 20-foot-wide private linkage road. The gated road will be privately funded and maintained by the Lower Rambla Pacifico Road Owners Association.
But the Rambla group still needs some additional easements from La Costa Beach Club members in order to complete the project, and they are not willing to grant them unless it includes conditions they like. City Manager Jim Thorsen said at Monday’s City Council meeting that city officials were not aware of that when the permit was granted.
“The road association has always projected that they’ve owned all the underlying road easements,” he said. “And we’re finding that maybe that’s not exactly the case … if they don’t own all the underlying rights, then they should negotiate that with the property owners who do and resolve this.”
The city is looking to end its relationship with the project later this month when the council is scheduled to vote on vacating the city’s easement on the road. Rambla Association members want the city to hold off on doing this until the project is completed “so we don’t run into huge legal hassles,” Rambla Association President Scott Dittrich said in an interview. City Manager Jim Thorsen is recommending the vacation.
“If they need proper easements or proper approval from property owners to complete the work, that’s what they should be working on,” Thorsen said at Monday’s council meeting. “We gave them all the permits they need, and we’re at the point where we’re ready to vacate our road easement, and that’s what we’ll talk about in full detail at the next hearing.”
The item was not on the agenda at this week’s meeting, so the council members were not allowed to discuss it. Thorsen commented on the project because several proponents and an opponent spoke at the meeting during the portion of the meeting where public speakers can speak on any topic not on the agenda.
Dittrich said in an interview that the Rambla Association “had requested an easement to re-compact the dirt on this one little small area [that Las Costa owns].” However, La Costa did not want to take over the easement because it is worried about liability issues. Dittrich’s group proposed a $10-million insurance policy, but the La Costa group worries about the policy lapsing and the group disappearing.
Dittrich felt that “no matter what we do, [we’ve] been stymied [by certain individuals internally].”
Yet, “we’ve been renegotiating. We’re trying to buy that piece of land that they consider a liability. The problem is that it takes a vote of 90 percent of the membership.”
Steven Fisch, who is associated with La Costa members opposed to the easement, said at Monday’s meeting the insurance issue is most important, and could threaten the liability of the city and property owners. Project proponents dispute this. Fisch added that the Rambla Association jumped the gun on starting the project.
“The city allowed the road people to erect a fence, block 200 feet of public road and tear up 175 feet of public road before getting all the rights,” he said. “The solutions here are real simple, get the rights. Negotiate with the people and get the rights.”
With fire season approaching, Dittrich’s group worries that a roadwork delay may invite disaster.
“The ’93 fire actually started on Nov. 2,” Dittrich said. “If we get the Santa Anas blowing and the fire engine comes from the same direction, we’re trapped.”