Public Forum: Clarifying status of Malibu projects

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The California Department of Parks and Recreation, Angeles District, is offering the following to clarify information presented in the editorial by publisher Arnold G. York [“Out, out damned Dam,” published Feb. 14].

First, regarding the $54 million, $34 million of that was in the Off-Highway Vehicle fund, and as determined through the investigation by the State Attorney General’s Office, there was no evidence of intentional or systematic failure to disclose these funds. These funds were reported and have been cleared from being a part of the nondisclosure. However, the remaining $20 million was not reported, as the audits pointed out. In this case, changes in policies and procedures have been implemented, with added monitoring and oversight to prevent a reoccurrence of this problem. In addition, the entire executive leadership of the department has been changed and there is a commitment to transparency and accountability with the permanent changes put in place.

Regarding the Rindge Dam Project, California State Parks is the local sponsor of a U. S. Army Corps of Engineers feasibility study aimed at reconnecting the upper and lower reaches of Malibu Creek, currently severed by the silted-in Rindge Dam. This dam is being looked at for removal for several critical reasons. The dam is obsolete, and has been for several decades. It serves no critical purpose to the neighboring communities, nor has beneficial functions. The dam also contributes to the continued demise of the federally-endangered and state species of concern, southern steelhead trout, by keeping them from reaching critical spawning habitat upstream. The steelhead trout was put on the list of endangered species in 1997.

In addition, the dam holds an estimated 800,000 cubic yards of sediment. In a free flowing stream, this sediment is what replenishes the sands of our coastal beach areas, which are more and more starved of this important replenishment. A critical issue being worked on is the absolute necessity to drain this sediment to the coast without negatively impacting any properties or environmental amenities downstream of the dam. Recommendations for doing this are being looked at by the experts on the Technical Advisory Committee (TAC) for the project and they will be presented to the public for review and comment. Our collective priority on this project is the safety of downstream residents and the proper restoration of the stream environment.

The feasibility study has been in process, with many interruptions in funding, for more than 10 years. During that time, numerous public meetings have been held and completion of the draft document was ultimately put on hold in 2008 due to a lack of funding. Work was reinitiated in late 2011 when needed funding had finally been secured. The TAC was reformed at this time to provide needed expert guidance on potential elements of the project design. We expect the study to be released for public comment this summer and again, we must stress a key overriding goal is to insure there is no negative downstream impact.

There have been questions about the nature of the TAC meetings. The TAC consists of several representatives, including California State Parks, Army Corps of Engineers, the City of Malibu, non-profit entities, and more. Those on the committee represent several interests that have the knowledge necessary to refine alternatives and methods for consideration. These meetings are essential for the production of a complete and accurate public document based on sound science. Although the TAC members provide input into the various alternatives being considered, the intent is not to decide the outcome. No decisions regarding ultimate project implementation are to be made by the TAC.

These working meetings are not subject to the Bagley-Keene Open Meeting Act and thus are not required to be open to the public. This does not mean there is a policy of secrecy. The work done thus far is staff work, and therefore, not finalized. When their work is ready, it will go public and the public will have their say in what happens to Rindge Dam.

This spring, we will begin a series of community meetings for public input, in which we will provide more detailed information to the public, including the importance of the project, the alternatives being considered, and the environmental review process. When the study is officially released, there will be an additional meeting to receive public comments and a 45-day comment period.

The other issues raised in the editorial deserve clarification as well.

The Malibu Pier is under a master concession agreement, and State Parks does not set the rents for the restaurants.

The Malibu Lagoon project was funded by publicly-approved bonds that were specifically for the purpose of restoration of coastal wetlands, the most critically productive and abused habitat type in the state. Investment in these ecosystems will be enjoyed by many future generations of humans and wildlife. This lagoon will go from a deteriorating and stagnant waterway, to a vibrant and living wetlands with living organisms at all levels of the food chain again thriving.

The Solstice Creek fish passage project is not on State Park land and is not a State Parks project.

The commercial enterprises that have vacated the lower Topanga area did so willingly. Our current tenant, Rosenthal Winery, is on a short-term lease that is reviewable on a periodic basis. The tenant provided the public benefit of removing several dilapidated and dangerous structures and exotic invasive plants. We feel this arrangement has been beneficial to the public by removing safety hazards and by providing revenue to the State.

In all that we do, we are committed to the idea of protecting cultural, natural and recreational resources, and restoring those places that have deteriorated from use and abuse. We take that charge seriously. We also know that we are doing this on behalf of all who live near us and all who visit from afar. Therefore, we are committed to an open and transparent process that brings the community into the discussion when there is a framework for discussion. We are close to presenting that framework from the TAC and there will be a dialogue with our friends, neighbors and stakeholders before any decision is rendered.

Craig Sap, Angeles District Superintendent