The Regional Water Quality Control Board will vote Nov. 13 on whether to rescind a memorandum of understanding with the city regarding the issuance of wastewater discharge permits.
By Jonathan Friedman / Assistant Editor
The City Council on Monday will vote on a $2.5 million contract amendment with its water management consultant for the wastewater treatment portion of the Malibu Civic Center Integrated Water Quality Management Plan. But city staff has given the council the option to delay amending the contract until the Lumber Yard mall is in full operation. City Council member Sharon Barovsky at a council meeting earlier this month suggested halting all city studies until the Lumber Yard, which is located on the city-owned Legacy Park and generates rent income for Malibu, is fully operational.
Mall owner Richard Weintraub began making monthly lease payments of approximately $77,000 to the city in March. Based on a contract with the city, that amount could increase once all the mall’s tenants move in, including two restaurants, and is fully operational. The mall was supposed to be opened in the fall, but has been delayed until at least December, and the restaurants are not scheduled to be opened until early next year.
The staff report for Monday’s council meeting suggests that delaying the contract for the wastewater treatment program might be a financially wise decision.
“Based upon fiscal concerns expressed by the City Council at its Oct. 13, 2008 meeting, funding of large projects and studies during these uncertain economic times should be carefully scrutinized,” the report states. “If the contract is awarded after the Lumber Yard project is fully opened, then the city can be assured of having sufficient revenue to offset these costs.”
The Lumber Yard project has become a controversial topic between the city and the Los Angeles Regional Water Quality Control Board. The city and the state agency have had a memorandum of understanding in effect since 2004 that allows Malibu to issue wastewater disposal permits for all projects that generate less than 2,000 gallons of water per day. Larger projects are handled by Regional Water. The Lumber Yard, when it initially opens, will generate less than 2,000 gallons of water per day because it will not have its two future restaurants. So the city has decided to handle the wastewater permitting for the initial opening of the mall with the idea that Weintraub could obtain an additional permit from Regional Water once the restaurants are ready. Regional Water staff found this scenario unacceptable and told the city only one permit-from the Regional Water board-should be issued.
Regional Water staff told the city this fall that if the city issued a permit, it would be considered an illegally issued permit. City staff refused to back down. In response, Regional Water staff sent a notice to the city of a proposal to rescind the memorandum of understanding. The board will vote on this proposal at a Nov. 13 meeting.
If the Regional Water board approves the staff recommendation, this would mean all wastewater discharge permits, including those for residential septic tanks, would have to be approved by Regional Water. A staff recommendation for the Nov. 13 meeting also gives the option for a “septic system prohibition,” although that is not listed as the top recommendation.
Meanwhile, City Manager Jim Thorsen said on Tuesday that the city is still going through with its plan to issue a wastewater discharge permit for the Lumber Yard. He said Weintraub needs to finalize his application, and then city staff can review it. This permit does not need Planning Commission or City Council approval.
The staff report for Monday’s council meeting suggests the Lumber Yard permitting could be completed in time for a December mall opening (minus the restaurants).
However, the Regional Water board will not vote on its permit until its Dec. 11 meeting. The tentative language of the permit was placed on Regional Water’s Web site this week. It is listed under “Announcements” at www.swrcb.ca.gov/rwqcb4. Comments on the tentative language can be submitted to Regional Water until Oct. 20. Public comments can also be made at the Dec. 11 hearing.