Regarding the building of a private road connecting upper Rambla Pacifico with lower Rambla Pacifico, we are not against the construction of the road by the Lower Rambla Road Association (LRRA), nor do we believe the Malibu La Costa Board of Directors has a problem with the construction of such a road providing it does not impinge on La Costa property nor violate La Costa’s By Laws and Articles of Incorporation.
We are writing to clarify and give details of the last three years regarding building a private road on old Rambla Pacifico.
In 2007 and 2008 the Board of Directors of La Costa listened to oral presentations from the LRRA regarding the planned road. There were vague references made to a need to use part of La Costa’s property to bolster the new road. Believing this to be a warning sign, the La Costa Board of Directors discussed the issue and voted unanimously on October 14, 2008 not to allow the LRRA to use La Costa property for buttressing the road because of the inherent liabilities in doing so. During this time, La Costa received no written proposals from the LRRA.
On October 30, 2008, La Costa wrote a letter to both the LRRA and the City of Malibu (the City) stating the La Costa position not to allow construction of any kind on its property. In 2009 and 2010, the LRRA developed a plan, in fact three plans, showing the road’s configuration. One of these plans showed a buttress fill placed on La Costa property to bolster the road. Since La Costa’s position regarding not allowing construction on its property had not changed, on April 13, 2010, the president of LRRA wrote to the president of La Costa’s Board stating that even though the road would cost more money, they would proceed without using La Costa’s property. On June 1, 2010, La Costa wrote to the City to restate that the La Costa board could not accept the potential liability exposure, and therefore it granted no right for any work to be performed on its property. Despite the fact that La Costa denied permission to use its property, and provided notice of such to both the City and the LRRA, the plan approved by the City Planning Commission on June 1, 2010 included work that would have to be done on La Costa’s property. A building permit was issued, and work began on the road in the summer of 2010.
Once the work commenced, it appeared that there was construction activity occurring on La Costa’s property. At the end of July, to verify this condition, various members of La Costa’s Board and other La Costa homeowners reviewed all the approved construction documents with the City. At that meeting, La Costa was surprised to discover that the City Building and Safety had issued a building permit to the LRRA for part of the work covered by the approved plans to be performed on La Costa’s property. The City said that they would talk to the LRRA about ceasing all work in this area. Once the La Costa Board was made aware of this condition, they surveyed their property to clearly indicate the property line so there would be no question as to where the boundary lay between the La Costa property and the property controlled by the LRRA.
At no time did La Costa’s position regarding work on their property change, and no rights were ever granted to the LRRA to perform any work on La Costa’s property. On September 17, 2010, the contractor retained by the LRRA to perform the work removed La Costa’s survey stakes, and continued to work on La Costa property. When asked by a La Costa Board member to cease work on La Costa’s property, the contractor stated that the City had issued the building permits, and until somebody from the City officially stopped them, they would continue to work.
Also on September 18, 2010 it was discovered that the LRRA contractor was using his bulldozer to cut away the toe of the landslide slope resting on La Costa property. On this same day, the City Manager witnessed the grading on La Costa’s property, and stopped the work immediately.
A formal stop order was issued by the City on September 20 stating no work is to be done until all affected parties have proper easements or other arrangements.
By Tim Davis, Rosemary Williams, La Costa Members