“People are purposefully developing and putting out misinformation,” Council Member Laura Rosenthal lamented at the Monday, July 10, Malibu City Council meeting, during discussion of the city’s new septic pumping rules. “This was actually a situation where people took the information, distorted it and scared a lot of people,” she added.
Rosenthal’s complaint came after weeks of council members receiving frantic phone calls, emails and letters regarding new rules for septic tank maintenance — rules council members complained were exaggerated by some community members.
According to council — and a number of members of the public who spoke at the meeting — many residents believed they would be on the hook for tens of thousands of dollars if they were to pump their septic system too many times in a 180-day period.
“It’ll disincentivize people from pumping on a prophylactic basis,” Loren Beck said during public comment. “People are going to avoid pumping to prevent overflows.”
However, descriptions from city staff as well as council members and Norm Haynie, a Wastewater Advisory Committee member, seemed to calm the nerves of most concerned residents.
“A system should be upgraded to meet the requirements of a particular use in a particular area,” Haynie said, later adding, “Yes, people are going to need to upgrade their system if it’s necessary — if they’re trying to use the system in a manner that it’s not capable of being used.”
Environmental Sustainability Director Craig George also attempted to clarify the ordinance.
“If you pump more than three times [during any 280 day period] you are simply having an inspection to identify if there is a problem that’s creating a need to pump it three or more times,” George said. “If it’s a simple maintenance problem … you remove those and they’re done. But if the inspection report indicates it’s failed, it’s the report that’s indicated it’s failed. It’s not the fact you pumped it three or more times.”
Rosenthal added that the misinformation — which also took the form of a website, newsletter and scripted phone calls, according to various city council members’ anecdotes — was “not the city’s fault.”
“When people purposefully put out misinformation, as we all know in our world these days, that’s not the city’s fault,” Rosenthal, who earlier urged citizens to call city hall with questions or concerns over council items, said.
The ordinance passed, 4-1, with Council Member Lou La Monte the sole dissenting voter.
Measure R appeal in the works
Behind closed doors, city council discussed and voted unanimously to support a petition to the California Supreme Court to appeal Measure R, in a last-ditch effort to make the embattled retail ordinance law in town.
In 2015, the ordinance, which limits chain stores in the Civic Center and requires voters to approve plans for any commercial developments over 20,000 sq. ft., was ruled illegal in LA County Court. Last month, the Court of Appeal upheld that decision. Now, the city will take its case to the highest court in the state.
Legal advertising
City council voted, 3-2, to execute a Professional Services Agreement with Freedom Media, LLC for publication of public notices, announcements and ordinances. Mayor Skylar Peak, Mayor Pro Tem Rick Mullen and Council Member Jefferson “Zuma Jay” Wagner voted in favor of the move; Rosenthal and La Monte voted against.