A lawsuit filed Wednesday last week by two community groups alleges the City of Malibu and the school district violated due process and CEQA environmental laws when they approved field lights at Malibu High.
By Melissa Caskey / The Malibu Times
Two community groups filed a lawsuit last week against the City of Malibu and the Santa Monica-Malibu Unified School District over the pending installation of permanent football stadium lights at Malibu High School. The Malibu Community Preservation Alliance and Malibu Township Council are asking that the city abandon its approval of four 70-foot permanent light fixtures.
The suit, filed on Wed., July 25, says that the City Council’s approval of stadium lights violated due process laws and the California Environmental Quality Act. CEQA requires environmental review and protection when there is evidence of a substantial environmental impact.
Opponents of the lights contend that the new fixtures will bring about light spill, view obstructions and create artificial brightening of surrounding skies at Malibu High School.
“This will light up all of West Malibu like a professional stadium,” MTC member Steve Uhring said in a press release.
Pete Anthony, co-chair of the Steering Committee that worked heavily on getting the lights approved, said he was disappointed over the lawsuit.
“This project’s really been through the mill,” Anthony said. “It’s too bad people feel they’ve got to resort to [a lawsuit.]”
MCPA is made up of Malibu residents who live in the area surrounding Malibu High School who would be affected by the light fixtures. MTC is a longstanding community group that aims to “protect the environmentally conscious lifestyle which defines Malibu,” according to the group’s website.
On June 25, City Council approved permanent light use for 61 nights per year. Councilmembers heard more than three hours of public comment at the meeting. A large group of student-athletes and parents spoke in strong support, whereas some neighbors reprimanded the City Council for backtracking on a 2010 compromise under which the school was allowed 18 nights of temporary stadium lighting.
That same compromise is cited frequently in the lawsuit, along with allegations that the City Planning Commission should have voted on the light fixture resolution before it got to City Council.
Normally, the commission would have heard the report and made a recommendation on a course of action. But since three of the five commissioners live within 500 feet of the high school or donated to the Shark Fund to raise money for the lights, City Attorney Christi Hogin told the three they were not eligible to consider the resolution.
“Municipal law prohibits public officials from participating in making or attempting to influence governmental decision in which they have a conflict of interest,” according to a city staff report.
With three commissioners barred because of conflicts of interest, a two-member commission vote would not have sufficed for a majority.
Hogin said the Planning Commission followed ethical guidelines by not hearing the resolution and the allegation is not common in these types of lawsuits.
“The lawsuit is trying to say that commissioners who were found to have evidence of bias should have participated anyway. They wanted the city to suspend its ethical standards,” Hogin said. “That’s not how Malibu works.”
The resolution went straight to City Council and was passed 3-0 on June 25. Mayor Laura Rosenthal and Councilmember Skylar Peak were recused from the vote after Rosenthal acknowledged donating to the Shark Fund and Peak expressed past bias toward temporary light fixtures.
Despite further allegations that the city and district violated CEQA, Hogin said the city was thorough in its assessment of environmental impact.
Biological surveys were first conducted around the high school in 2008. Researchers assessed concerns over impact on owl nesting and migratory birds, surrounding trees and wildlife, public views of scenery and light pollution. No major concerns were raised in the staff reported presented to City Council.
Supporters of the light fixtures say the ability to host nighttime football games will encourage more camaraderie among community members and attract larger crowds at Friday night football games.
“We just want to make our school better,” Anthony said. “We’re not trying to destroy the environment.”
Hogin expects to go to trial in the next six to eight months, though there is a chance of a settlement being reached out of court.
Uhring said MTC and MCPA could drop the suit if the city and district agree to reverse the decision and abide by the compromise made in 2010 for 18 nights of temporary lighting.
“If you go back to that compromise, the lawsuit goes away,” Uhring said. “We’re not trying to prevent people from playing football.”