Traffic control in and around Paradise Cove was also discussed during the meeting.
By Melissa Caskey / The Malibu Times
The Malibu City Council approved an agreement Monday that makes the state fully liable for any possible damage or mishaps resulting from the state’s Malibu Lagoon Project.
The indemnification agreement does not change the terms of the project, but it protects the city against possible lawsuits and fees incurred if Malibu has to defend itself in court if a suit is filed relating to water discharge from the project.
State officials began dewatering the lagoon on Monday morning as a part of a project to reconfigure the flow of the lagoon.
“Under the Clean Water Act, anybody who impairs the quality of water is liable for that,” City Attorney Christi Hogin said. “So the state would always be liable for any of its negative effects [the lagoon project’s] had on water quality.”
Pumping water out of the lagoon into the ocean poses a threat to water quality at Surfrider Beach, according to the city’s staff report. Malibu first requested an indemnity agreement in October 2011.
The city has also asked state officials to temporarily halt the dewatering process in order to better accommodate this weekend’s Call to the Wall surf competition at Surfrider Beach, City Manager Jim Thorsen said. Thorsen expects the state and its contractors to comply with the request.
Thorsen also asked the state to share preliminary water testing results conducted at the dewatering site. The final draft of the report was pending as of Tuesday.
In response to water quality concerns at the lagoon, Councilmember Skylar Peak said he would demand the state post warning signs around the lagoon.
Paradise Cove safety
Residents remain concerned over weekend and summer traffic congestion at Paradise Cove, Public Safety Commission representative David Saul told the City Council in his verbal report.
Saul said the city and Caltrans collaborated on posting “No Parking” signs at Winding Way near Paradise Cove, but Councilwoman Joan House echoed residents’ sentiments over severe car backups occurring frequently during peak hours.
The left-turn lane at Paradise Cove Road is a major source of congestion and can stop traffic completely if cars refuse to give up on turning left, Saul said.
Mayor Laura Rosenthal said she and Councilmember Lou La Monte are meeting with the state Department of Transportation next month and hope officials will lend an ear to ongoing traffic concerns.
Parking tickets abound
Since contracting a private parking enforcement company in late June to patrol Malibu, $10,000 worth of parking tickets have been written up by enforcement officers, Thorsen said.
The city hired a private firm in order to strengthen enforcement of parking regulations in the city, ease the burden on Los Angeles County Sheriffs who patrol Malibu and help direct traffic if need be.
City loses Brown Act funding
The City of Malibu is no longer receiving monetary reimbursement for posting City Council agendas at least 72 hours in advance of scheduled meetings.
Under California’s Brown Act, cities are entitled to a reimbursement for following the certain procedural code in issuing public notices. But recent cuts in the state budget no longer allow the state to issue those monetary awards.
City Attorney Christi Hogin said the lack of reimbursement will not affect the city’s customary practice of posting meeting agendas 10 days in advance of a meeting.
“We’re going to keep doing the right thing,” Hogin said.