The reimbursements would be for private projects that include building emergency access roads.
By Melonie Magruder / Special to The Malibu Times
The City Council in a special meeting last week Thursday voted unanimously to adopt a resolution that would authorize reimbursements of permitting fees to homeowners for projects that would provide alternative evacuation routes in case of an emergency. The projects must have a minimum of 50 homes.
The immediate beneficiaries of the resolution would be those who live on Rambla Pacifico Road, some of whom are privately funding the construction of an emergency access road. Direct access from Rambla Pacifico to Pacific Coast Highway has been cut off since a 1984 landslide blocked a portion of the road.
The council also considered several aspects of funding and implementation of the emergency access road project on Rambla Pacifico, which is estimated to cost more than $3 million.
City staff recommended adopting the proposal, which would obligate the city to reimburse approximately $200,000 to residents along Rambla Pacifico Road. The funds would come from the General Fund Undesignated Reserves, although the fiscal year 2010-11 Budget does not currently have any monies budgeted for this purpose.
City Attorney Christi Hogin emphasized that the project would provide two emergency evacuation routes as required by Fire Department regulations (currently, residents would have to travel many miles to evacuate in the event of fire, possibly hampering access of emergency vehicles).
“With the city absorbing some of the permitting costs for this project, it will make it more financially feasible for all homeowners to participate in funding the project,” Hogin said. “The city may pay public funds available for a private project when it is established that the whole public benefits. In this case, because secondary evacuation routes will be created for emergency services, the Rambla Pacifico project qualifies.”
While most of the council hailed the proposal as a “creative and legal” way to encourage the project, Councilmember Pamela Conley Ulich was concerned that only those who contributed to funding the project would be able to use the access road, which would go through private property and would have gates at both ends.
“What if someone has a heart attack or their child is bleeding and they need to get out immediately?” Conley Ulich asked. “I’d hate to think they would be delayed help because they didn’t have a key to open the gate for emergency services.”
Hogin assured the council that all emergency service departments would be able to open the private access gates already permitted for the private roadway.
Planning Commission Chair John Mazza, in public commentary, proposed that adoption of the resolution should pertain only to roads as in this case, not to commercial developments, as the city would lose future permitting fees.
The resolution was passed unanimously, with an amendment stipulating that commercial projects would be excluded from future applications for permitting reimbursements.
The council also discussed adoption of a loan program for residents on Rambla Pacifico Road. Of concern were the approximately six to 10 homeowners who would be financially unable to participate in funding the project (the per resident cost for building the road depends on how many residents ultimately participate in the project).
Hogin noted that the California Constitution doesn’t permit cities to give loans to private residents, though there are exceptions to that rule, such as loans to allow “greening” of properties through solar panel installation, etc.
Mayor Pro Tem John Sibert wondered aloud how the city could be assured that loans were going to residents who really need it. Hogin proposed requiring homeowners to provide evidence that they’ve been denied loan applications from commercial lending institutions.
In public commentary, resident Ryan Embree questioned the safety liability of the city in the event the access gates malfunctioned and the financial liability in the event that a resident defaulted on his loan to the city.
Councilmember Conley Ulich proposed that the city should share in the future profits of any homeowner using the city-backed loans who sells his or her property, at 1 to 3 percent.
“The property will be assessed at a higher value because of this road and the city should get to participate in those profits,” Conley Ulich said.
Hogin said staff would take all considerations and come back to the council with a proposal on this issue.
The council also voted unanimously to pass Resolution 10-39, which initiates proceedings to vacate a portion of Rambla Pacifico Road through the landslide area and set a date of July 26 for the required public hearing on the matter. This would relieve the city of responsibility for maintenance of the street and storm drain improvements on that portion of the road, representing a net savings to the city.