The NRDC and Santa Monica Baykeeper filed a suit against Malibu for violating the Clean Water Act. In other news, Trancas residents voice anger over proposed league play at park.
By Jonathan Friedman / Assistant Editor
The new City Council, during its first regular meeting, tackled a thorny issue, as city leaders directed the city’s legal staff to defend a federal water quality lawsuit from the Natural Resources Defense Council and the Santa Monica BayKeeper. A vote on the issue was taken during closed session, a portion of the meeting conducted in private to discuss litigation and personnel matters. City Attorney Christi Hogin announced the decision during the public portion of the meeting.
The lawsuit, which was filed in March, at the same time another one was filed against the county, accuses Malibu and Los Angeles County of continuously violating rules added to the federal Clean Water Act in 1991 that set limits on the amount of pollutants that can enter the watershed through storm water. The city was not served papers for the suit until last week. Malibu must submit a response to the suit by May 12. The judge assigned to the case is Howard Matz.
The environmental groups claim the city and county are not doing enough to curtail water runoff pollution. City officials have denied this, noting the construction of the wastewater treatment facility in the Civic Center area and plans for Legacy Park as evidence they are looking to solve the problem.
“We’re sorry that the lawsuit’s there, and to some extent it is a waste of money to do litigation activities that are unrelated to water quality when we are spending a bulk of the city’s resources toward developing a clean water program,” said Hogin in an interview on Tuesday. “But if we have to, we’ll re-allocate our resources and just litigate.”
Hogin said she has met with officials from the environmental groups since the suit was filed. She said she still believes an agreement can be reached without the suit going further.
No soccer at park, say residents
The council on Monday night also heard from angry homeowners living near the proposed Trancas Canyon Park. They were troubled by last week’s vote of the Parks and Recreation Commission to recommend the City Council designate the park for playing fields. They said the park should only be used for practice because, among other concerns, of traffic that playing fields would bring.
“Had we been told upfront that the proposed park would include league play, many of us would have been very outspoken in our opposition,” said Scott Tallal, president of the Trancas Highlands Homeowners Association. “But after reading through the draft environmental impact report, it’s readily apparent this report was prepared in direct consultation with AYSO soccer.”
Tallal said he also wanted to make sure the property could not be used for community and private events.
Mona Loo, who has supported the project’s dog park feature, said she was concerned about the proposal for playing fields.
“It seems to me this would jeopardize the whole project since the community members in the area have made it clear they do not want playing fields,” Loo said.
Mayor Pro Tem Andy Stern, who said the residents had “legitimate concerns,” asked for the field use issue to go before the council as soon as possible. The project as a whole would not go before the council until after the conclusion of the public review period for the DEIR later this month.
Sibert/Wagner clash over subcommittee appointment
The council also made selections for who would be on the various council subcommittees. These two-person committees meet to discuss various issues before they go before the council. Mayor Pamela Conley Ulich made the assignments. Councilmember John Sibert was angered when she named Councilmember Jefferson “Zuma Jay” Wagner to the Zoning Ordinance Revisions and Code Enforcement Subcommittee, commonly known as ZORACES.
“I have a lot of strong opinions about what we need to be doing, so I may just have to say them here in City Council … just to let you know where I’m coming from,” said Sibert, who has previously served on the ZORACES subcommittee as a non-voting member while he was a planning commissioner.
While he spoke, Council-member Sharon Barovsky endorsed Sibert for the position.
Wagner said he felt he should be on the committee because “John has had time at that level, and I think I need to come up and have a better understanding.”
Sibert responded, “OK, you’ll hear from me [at the council meetings].”
Also at the meeting, the council rejected an appeal of the Planning Commission’s approval for a two-story, 5,263-square-foot home with a 785-square-foot guesthouse and a 794-square-foot garage on Whitecap Way. The vote was 3-1, with Wagner casting the dissenting vote. Sibert was not allowed to hear the item because he voted on it as a planning commissioner.
The council also approved a declaration supporting the people of Tibet against Communist Chinese rule.
The meeting was adjourned in memory of Malibu Inn owner Michell Stewart, who died of a heart attack on Sunday at age 49.