This past Saturday morning, the Malibu Township Council held a publicly noticed discussion about the Draft Civic Center Guidelines. Mayor Tom Hasse and Councilmember Jeff Jennings spoke in support of the Guidelines, and Jo Ruggles, resident and former planning commissioner, as well as a member of the General Plan Task Force. Jay Leibig, resident and former developer, and Charlene Kabrin, formerly of the Planning Commission, spoke in opposition to the Guidelines.
Mayor Hasse represented that the term “jurisdictional” carried the weight of law, and assumed that the people did not understand the difference between the term “jurisdictional wetland” and the term “historical wetland,” and indicated that the only jurisdictional wetlands in the Civic Center Area exist in the “Egret Pond.”
In fact, both the General Plan and the Mason & Mason report seem to belie that assumption. The City of Malibu General Plan of 1995 Conservation Policy 1.1.6 states, “The city shall restore Disturbed Sensitive Resource Areas (DSRAs)- (Note: The Malibu Creek Floodplan would be a DSRA if it is mostly a wetland disturbed by fill deposits.)” The term DSRA is, in fact, a term used by the state defining the basis for state “jurisdiction.”
The Mason & Mason report, an organization held in high esteem by Mayor Hasse, also appears to support the fact that the Chili Cook-off is, in fact, jurisdictional “… per a biological review prepared by the City of Malibu, artificial fill has been placed on the sites and the sites may be jurisdictional wetlands.” These sites are defined as potential restoration sites.” The Chili Cook-off area is located in the Malibu Creek Floodplain and therefore, by the Mason & Mason language, must be a DSRA, thereby falling under state jurisdiction. By the terms of the General Plan, the Chili Cook-off is required to be restored!
Steve Uhring, president
Malibu Coastal Land Conservancy