City officials, staff, and residents wrestle with multimillion-dollar wastewater treatment solutions

Four City Councilmembers, City of Malibu staff and a group of concerned citizens rolled up their sleeves at a work session on April 24, deliberating about three keystone issues that officials must make decisions about before those who are rebuilding homes are able to submit architectural plans and permit applications for city approval. The meeting addressed wastewater treatment for parcels destroyed by the Palisades Fire, geotechnical study requirements, and self-certification by some design professionals, an approach that would save fire victims time and money.

Residents were palpably frustrated because the four long months since the fire have been full of tumult and the toughissues discussed in the session are complicated, will take a lot of time and will be expensive.  

Whether to build a sewer and how to fund doing so

The most complicated issue those assembled grappled with focused on whether the city — possibly with funding assistance from the county, state, or federal government or grant awards — should build a sewer system to serve the fire-impacted properties and to also help protect Pacific Coast Highway, which officials from Caltrans have noted is damaged because some fire-savaged retaining walls on individual parcels that were helping to shore up PCH are either severely damaged or destroyed. 

“Caltrans is in the process of evaluating those sea walls along its property lines and seeing areas that need repair. There are three locations that they have identified and that they are in the process of repairing,” Malibu Public Works Director Rob DuBoux said. “As soon as more debris is being removed (by the Army Corps of Engineers), they are going to go back in there and look to see if there are more PCH areas they need to go back and fix.” 

He also stated that CalTrans is assessing PCH from Topanga to Carbon Beach and will determine whether any other areas will need to be shored up. 

DuBoux delivered an incisive report comparing five alternative approaches to addressing the wastewater needs of the rebuilding coastal property owners who lost a total of 320 homes on the beach as well as of the 

land-side owners who are rebuilding a total of 141 homes. He addressed capital costs for such infrastructure to be built. 

There are four possible options regarding building a sewer system of some kind. The other option for providing rebuilding homeowners with wastewater treatment that was discussed would be for individual homeowners to install advanced wastewater treatment systems on their properties, which would require the construction of seawalls to protect those individual septic systems’ septic drain fields, also known as leach fields. 

Four sewage system options

DuBoux explained that constructing a sewer pipe down the burned sections of the east Malibu beaches to connect into the City of Los Angeles’ Hyperion Treatment Plant at Coastline Drive would be the least expensive option for owners of oceanfront parcels, with an approximate cost of $269,000 per property, an amount that is about 25% less than connecting the coastal homes to the The Malibu Civic Center Water Treatment facility. He noted that the Hyperion option would involve pumping effluent to LAX and that would be the cheapest alternative for pumping waste. 

All options involving constructing a sewer system would take more than five years, DuBoux noted, adding that the Hyperion option’s cost is approximately half of the cost of individual homeowners installing seawalls and individual wastewater treatment tanks. 

Alternatively, DuBoux posited that the city could build 6 miles of sewage mains on PCH over to the Civic Center Wastewater treatment facility, which has extra capacity that could handle the sewage from the coastal lots. Doing so would cost approximately $188 million, amounting to $408,000 per parcel, he stated. That choice is quite complicated, DuBoux informed, because the Los Angeles Regional Water Quality Control Board, “has ordered Malibu to use that facility’s spare sewage capacity to serve houses in the Civic Center area where there is a moratorium on building until those homes connect to the Civic Center sewer system.” Elaborating, he stated that, “the Regional Water Board would have to modify the septic prohibition and move the septic probation applicable to those properties identified in phases 2 and 3 (of the Civic Center treatment facility construction) to those properties on PCH where they have suffered damage.”

Yet another option is to build a sewer main line to the Civic Center plant, but then continue with newly constructed water lines traveling along Malibu Canyon Road to the Tapia Water Reclamation Facility in Agoura Hills, an alternative that he predicted, “would close the canyon road for significant amounts of time.” That alternative would cost nearly twice as much as directing sewage down to LAX, amounting to a total of approximately $261 million. DuBoux’ final option with regard to building a sewer system would involve officials building one to three new smaller sewage treatment plants in Eastern Malibu with a projected cost estimate of $232 million in addition to the cost of acquiring the land needed to complete such a project. 

Answering Malibu City Councilmember Haylynn Conrad’s questions concerning possible funding sources for constructing a sewer system in East Malibu, DuBoux stated that the Regional Water Quality Board may provide a funding resource, but more negotiations would have to occur between the City of Malibu and that board.

Completing his presentation, DuBoux pointed out that the city also could require homeowners to build their own sewage systems, treating their water on site and supporting the necessary leach fields with seawalls. He projected that a new seawall would cost homeowners between $100,000 to $150,000, depending on the parcel’s configuration. However, he noted, if homeowners do have to build their own advanced wastewater treatment systems, they would have to resolve yet another problem — they would have to figure out what to do with cleaned water. DuBoux emphasized that both federal and state water laws prohibit discharging such water into the ocean. 

Deliberating about the various options, DuBoux; Yolanda Bundy, who serves as the City’s Environmental Sustainability Director and as a building official; City Councilmembers in attendance; and other city staff bemoaned the time and costs involved in bringing all of the sewage treatment proposals to scale. The reality is that sewage treatment options involving the government constructing sewer lines and possibly new wastewater treatment plants would mean that construction would be underway between five to seven years. Should the city have to pay for real estate on which to build some smaller sewer systems, it would have to go through a property procurement process which could also add some delay.

Discussion then briefly turned to considering whether there is an option to design interim sewage disposal systems that would allow rebuilding homeowners to construct and reoccupy their homes prior to the completion of any permanent sewage facility options. There was brief mention that a temporary system could be housed in residents’ garages, whereupon Bundy emphasized that staff would have to explore whether seawalls are necessary to support any temporary solutions, and she noted that staff would have to negotiate with the Regional Water Quality Board to obtain approval for any interim sewage systems to be utilized.

Following the money

Answering Conrad’s queries, DuBoux stated that he had conversations with the Los Angeles County Parks Department regarding whether any public land located at Topanga Boulevard and PCH could be utilized for a sewage treatment facility. He reported that the California State Parks Department expressed some tentative interest in sharing the costs of such construction. He also noted that the Federal Emergency Management Agency (FEMA) may provide a funding source through hazard mitigation grant funding. 

Malibu Interim City Attorney Trevor Rusin suggested that the city appoint a task force to explore all options and their costs. Conrad and fellow City Councilmember Steve Uhring volunteered to serve on the task force. Rusin noted that a task force could explore negotiating an interim solution for homeowners concerning sewage waste and water treatment so they could rebuild before any sewer system construction was completed. 

Discussion between the City of Los Angeles Bureau of Sanitation and Environment and the City of Malibu would be necessary in order to negotiate an interim solution, Rusin noted. He added that all beachfront septic systems will need to be upgraded per the Water Board and that it makes eminent sense for residents to install advanced wastewater treatment systems while benefiting from Gov. Gavin Newsom’s executive orders exempting such systems installations coastal development permit application requirements as that process is both time-consuming and very expensive. Bundy informed that Malibu’s ordinances mandate the installation of advanced onsite wastewater treatment systems.

Next steps

DuBoux noted that it will take approximately 18 months of planning and approximately 12 months to obtain necessary permits prior to beginning the construction of any sewer system. He requested funding for securing design engineers to submit plans for whatever system the City Council might select. Construction of sewer systems could take between five toseven years, he estimated. 

Malibu Mayor Doug Stewart noted that Norm Haynie chairs the city’s Wastewater Advisory Committee and that body should work with DuBoux and Bundy to explore solutions. The City Council will consider forming a sewer ad hoc committee to explore all options as that item is now agendized for the city’s April 28 meeting. 

Presentation by Fran Pavley and Mark Gold — Proposition 4 funding 

Fran Pavley, a former California state senator who represented Malibu, now serves as the environmental policy director for the USC Schwarzenegger Institute for State and Global Policy. She also serves on a blue ribbon commission established after the Palisades Fire by Lindsey P. Horvath, Malibu’s representative on the Los Angeles County Board of Supervisors, to support a more resilient and sustainable recovery from recent fires.

The work session group listened to a brief presentation by Pavley and Dr. Mark Gold, who also serves on the county’scommission, is a former California deputy secretary for oceans and coastal policy for Newsom and is Director For Water Scarcity Solutions for the National Resources Defense Council. The commission is developing a report to address solutions regarding wastewater systems and water safety after the Palisades Fire.

“It would be helpful if the Malibu City Council created a wastewater taskforce,” Gold recommended. He explained that the commission is tasked with exploring how to best strengthen water sources’ resilience and safety with due regard toclimate vulnerability, and it will address creating localized backup systems when the power is shut off by utilities. 

Pavley and Gold explained that the commission will be releasing an initial study addressing water quality and sewage disposal options in Malibu. “If the city decides to construct a sewer then the residents on the beach would not need seawalls,” he stated, drawing applause from residents in the audience. 

I didn’t start the fire, but I have to pay for it

After the presentations regarding sewer systems, Stewart allowed only brief public comments, noting that residents can make further comments at the next City Council meeting. Carl Randall, who lost his family home on Dog Beach, succinctly exclaimed, “I didn’t start the fire, but I have to pay for it? Please find funding solutions!”

Darren Graves, a Big Rock resident, opined, “All we need to do is to look north to Marin County where they designed a sewer system to protect homeowners. If they can do it there, so can we. Advanced onsite wastewater treatment systems can cost approximately $750,000 and when you multiply that by the 461 properties that need a sewage system, it amounts to $345 million. Therefore, I advocate that the city select the Hyperion choice.”  Dee Dee Graves agreed, stating, “The highway needs to be repaired and now is the time to do a sewer system.”

Angry comments and murmurs stating that the working session meeting should include more public comment pervaded through the audience.

Self-certification of some design build reports and geotechnical reports processing issues

The marathon work session continued by addressing how to streamline the geology and coastal engineering review processes when residents are rebuilding.  Many residents and design-build professionals are requesting that reports authored by geologists and engineers can be self-certified, as is done in some other jurisdictions.

“The Building Code does not provide flexible standards for obtaining geology and coastal engineering reports,” Bundy stated. “We are in an environment full of seismic risks of earthquakes, seismic activity causing slope failure, liquefaction concerns and other hazards on coastal lots, properties with slopes and landslides.”  Expanding on her comments, she added, “The State of California establishes the State Building Code and the state would have to give permission to override the code requirements.” 

She emphasized that the city has new GIS Mapping Tools and offers one-stop general geology resource webpages for public reports and links, all of which are new technology services that can help to expedite permit processing. 

Addressing self-certification issues specifically, Bundy noted that “Currently, self-certification of construction project building plan checks is not authorized, nor specifically prohibited, under the provisions of state law.” Whereas fire and public health plan checks are required to be completed by the Departments of Fire and Environmental Health and zoning conformance review is required to be completed by the Planning Department.” 

Addressing that line of thought, City Councilmember Bruce Silverstein noted that “our staffs’ hands are tied” unless the city can somehow find a way to authorize a self-certified process to ease the processing of permits. He suggested that perhaps the city should ask state authorities for leniency and to change the relevant laws with regard to rebuilding after the Palisades Fire.

Alternatively, city staff could conduct audits to ensure that no one is cutting corners with regard to self-certification. He noted that if the city authorizes self-certification, “no one is forced to self-certify. Why not give people an opportunity to do it in like-for-like rebuilds?”

Bundy opined that self-certification “won’t expedite the process,” as other jurisdictions that authorize self-certification, including the City of Los Angeles and Bellflower, do not experience a significant decrease in permit processing times. She also voiced concerns that self-certification could negatively affect homeowners’ insurance options. In her mind, self-certification “doesn’t accelerate the global permitting process because permits cannot be issued until other departments’and agencies’ approvals are provided.” Further, if self-certification is allowed, she thinks including an audit process is imperative, but she thinks that process would protract, not reduce, the processing of permits.

Stewart stated that “Self-certification in Los Angeles is very reduced and only folks who are building in flat areas can use that process — there is an exclusion for geologically sensitive lots.” In his mind, “The risk is considerable for homeowners if there is self-certification.” Uhring concurred with that opinion. 

In the question-and-answer session, resident Darren Graves commented, “By definition, coastal engineers and geologists abide by very conservative standards because they are aware that their errors and omissions insurance is on the line when they self-certify.” That reality, Graves and others in the audience noted, will necessarily make such design professionals act competently when self-certifying reports.  

Jonathan Glassman suggested that the city and those design-build professionals who are helping residents rebuild in Malibu should consider whether to implement artificial intelligence to review self-certifications. “We don’t have to use generative AI and we don’t need to use AI for foundations or geology,” he said. No one answered his comments, perhaps because by the time he made them, to a person, everyone seemed to be exhausted because the meeting had gone on for four hours.

Architect Doug Burdge commented that in his professional opinion, after working in Malibu for decades, if it saves homeowners money and time, the city should consider allowing home builders to hire private, state-certified inspectors who can certify reports as they could perform the same function as city officials could and they are just as qualified as the city’s employees. 

Ultimately, the councilmembers in attendance voted 2-2 regarding self-certification, with Conrad and Silverstein voting in favor of the council possibly allowing self-certification and Stewart and Uhring voting against the concept. The councilmembers noted that their vote is not dispositive and the matter will have to be addressed by the entire City Council.  

Overall, as the lengthy work session wrapped up, those leaving the meeting were more aware than ever that those who arerebuilding homes face some daunting years ahead and that conundrums that only the city and other government agencies can resolve must be addressed and resolved before they can rebuild their homes.