Controversy Dogs Rambla Pacifico Fix

• City Awaits Court Decision and Says EIR Is Now Needed

BY BILL KOENEKER

It may be still a cliffhanger how a judge will rule in the City of Malibu v. Vista Hidalgo Neighborhood Association on whether to halt an emergency permit for construction of an evacuation route along the old Rambla Pacifico Road alignment next Monday morning, but the municipality will proceed full speed ahead on Monday night when the city council is poised to approve a contract for an Environmental Impact Report.
Last month, a Los Angeles Superior Court judge issued a temporary restraining order against the city until Aug. 11 when the court will hear arguments about whether municipal officials were justified when they issued an emergency coastal development permit for the road.
The controversy over the road spilled over from the courtroom last week to the council chambers when proponents and opponents showed up to testify on behalf of their positions.
The Hidalgo HOA argues that there is no emergency and even if there was an emergency, the road that is contemplated is not geologically stable.
City planners apparently acknowledge more study is needed and now want what is called a Focused Environmental Impact Report done.
“An initial study and mitigated Negative Declaration were previously prepared for the project, however, because of substantial concerns about geotechnical issues, the city has decided to prepare a Focused EIR. As such the city obtained the services of Rincon Consultants, Inc.,” a planning staff report states.
The proposed consultant’s budget of $36,768, plus $11,030 for city management and administration, has been reviewed and is considered acceptable to the Lower Rambla Pacifico Road Owners Association, the group that is seeking the repair of the road and has to reimburse the city for the costs. Rincon is also expected to be awarded a contract to become the city’s biological consultant.
Plans, as articulated by the consultant, call for the reconstruction and realignment of Rambla Pacifico, which was destroyed by a landslide in 1984. The proposed 1800 linear foot road segment will re-establish linkage between the northern and southern sections of Rambla Pacifico. The road will be private and gated with the LRPROA owning the street and the rights of easement. The public street easement held by the city on the destroyed road will be vacated prior to the finalization of the new road. Locked boxes will provide access when needed by emergency personnel.
Rincon has already issued their initial assessment in a memo to municipal officials.
“Extensive geological investigations have been performed at the site, and it is acknowledged that the road will not meet a safety factor of 1.5. Therefore, there is some risk that construction and operation of the road may result in further movement of the landslide,” the missive from Rincon to the city states.
Rincon indicated they are not proposing formal peer review of the geotechnical analyses already reviewed by the city geologist and prepared for the project. However, those views have been challenged by other experts in the ongoing court case.
“Rather, the EIR analysis will rely primarily on the findings of the geotechnical analyses and bring forward the discussion of landslide instability and potential risks into a format readily understandable by the lay public,” the Rincon geologist will confirm site conditions through a general field reconnaissance to aid in interpreting the existing reports,” the memo goes on to state.
The council is also scheduled to explore whether the city could defer fees including plan check, inspection and consulting fees related to the project.
The fees would be paid by the applicants once the construction of the road is approved, according to a city staff report.
Councilmember Sharon Barovsky is requesting the council consider deferring the fees.