A court ruled that Malibu High School can proceed with the installation of light fixtures at its football field despite an ongoing lawsuit filed against the Santa Monica-Malibu Unified School District and the City of Malibu.
The court order, handed down last Friday by Los Angeles Superior Court Judge James Chalfant, allows for the lights to be used at Malibu High’s last two home football games of the season. On Nov. 8 the parties in the case will have a followup court hearing on the continued use of the lights.
The light fixtures will go up just in time for the school’s homecoming game this Friday, Oct. 26 against Fillmore High and for the Sharks’ final home game Nov. 2 against Santa Clara High.
“We are thrilled that Malibu High School students and families will experience homecoming at night under the lights that so many community members worked so hard to make happen,” district Supt. Sandra Lyon said.
Members of the Malibu Community Alliance filed the lawsuit in July against the SMMUSD and the City of Malibu in an attempt to stop the permanent lights from going up after the Malibu City Council voted 3-0 in June to approve the construction of four 70-foot fixtures at the field.
Several mediation meetings have been held among the various sides since the lawsuit was filed, but no agreement has been reached.
Initially, the light fixtures were approved as permanent posts and were intended to be up by the beginning of football season.
On Friday, though, the district revealed modified plans for removable light posts that can be dismantled and taken down within days after they are used.
Community Alliance member Cami Winikoff said an out-of-court settlement is still realistic since the district changed the light design plans to make them removable, which had been a major point of concern for opponents of the lights.
“The fact that these poles are removable is a big step in the right direction,” Winikoff said. “We’re hopeful that we can still reach a reasonable compromise.”
District officials are also optimistic about the case’s outcome.
“Of course we would love a settlement that is acceptable to both parties and district staff, and counsels have worked to try and make that happen,” Lyon said.
The group’s other concern is the number of nights the lights will be used.
Ideally, the plaintiffs want to limit the light usage to 16 nights per year, which was stipulated in a 2010 compromise agreement among the community, city and district.
The City Council in June outlined lighting standards that would allow Malibu High to use the fixtures as late as 10:30 p.m. for up to 16 nights between Sept. 1 and May 31 and as late as 7:30 p.m. for 45 nights a year during Pacific Standard Time (Nov. 4-March 10). Those standards made it possible for the school to use the fixtures for up to 61 nights a year, nearly four times as many nights as the Community Alliance wants.
According to district chief financial officer Jan Maez, the district is not spending a dime on the labor, staff time or equipment necessary to erect the lights. Malibu High School’s Shark Fund raised more than $500,000 needed to fund the lights.
“That was part of the agreement between the district and the school, that the Shark Fund would fund the entire project,” Maez said.
Pete Anthony, a vocal proponent of the lights and a leader of the Shark Fund, said he was glad the lights would finally be going up, but disappointed that the lawsuit has put a damper over the situation.
“Thankfully for our school, the poles are going up, the kids are playing ball, and our school will celebrate homecoming with a football game under the lights. These are all things that the plaintiffs … tried to prevent,” Anthony said in a statement. “Nevertheless, I hope that Ms. Winikoff and the other plaintiffs will come together with the school community so we can all cheer on the Malibu Sharks football team.”
Workers had already begun installing an underground foundation for the light fixtures before the court issued its ruling on Friday.
“We will see what takes place in the ensuing weeks, but meanwhile we know the Malibu High School community will have a memorable homecoming,” Lyon said.
Email the author at melissa@malibutimes.com
