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Malibu Settles Lawsuit Over Stormwater

Outgoing City Councilman Jefferson Wagner, who applauded the settlement with the Santa Monica Baykeeper and the Natural Resources Defense Council, believes the lawsuit was diverting needed resources from the city's clean water programs.

The City of Malibu reached a settlement in a lawsuit with two environmental groups over the city's stormwater management on Friday.

In the lawsuit, the Natural Resources Defense Council and the Santa Monica Baykeeper alleged the city had violated the Clean Water Act.

Under the settlement, the city will pay $750,000 in legal fees, make improvements on 17 drains, and allocate $250,000 toward the city's Ocean Health Water Assessment program, which will create water quality monitoring along Malibu's shoreline, according to City Attorney Christi Hogin.

Part of Malibu's coastline is known as an Area of Special Biological Significance (ASBS), and a federal district court found the city liable in 2010 for discharging polluted runoff. The ASBS runs from Latigo Point to the Ventura County line.

Funding has already been allocated for 11 of the drains, she said. The total cost of the retrofits is $5.6 million.

"The city is happy about the settlement, primarily because it puts an end to the adversary relationship that comes with litigation and it allows us to bring the NRDC and the Santa Monica Baykeeper onto the city's team in our ongoing effort to clean the water," Hogin told Patch.

Mayor Laura Zahn Rosenthal said the city is pleased to have a resolution in the case.

"It was filed in 2008, before the city's state-of-the-art stormwater treatment facility was fully on-line and before Legacy Park - the city's award-winning water cleaning machine - was built," Mayor Laura Zahn Rosenthal said in a statement.

Rosenthal added that the city is looking forward to working with NRDC and the Baykeeper in the future.

Malibu will also coordinate with the NRDC and the Santa Monica Baykeeper to control the discharge of animal waste from Serra Canyon to Malibu Creek and the Malibu Lagoon.

In a press release issued by both environmental groups, NRDC Senior Attorney Steve Fleischli also commended the settlement. 

"By curbing the biggest sources of pollution in the Santa Monica Bay, we can keep trips to Malibu beaches carefree, and prevent people from getting sick when they go in the ocean,” Fleischli said.

Councilman John Sibert, who was on a council subcommittee that worked on the settlement, said the resolution of the reflects on the city.

"Having science-based solutions for improving water quality is the cornerstone for the City's clean water programs. This settlement reflects that principle and builds on the City's innovative clean water program," Sibert said in a statement.

Outgoing City Councilman Jefferson Wagner added that the lawsuit was diverting resources from the city's clean water programs.

"Malibu has been California's water quality leader and strongest clean water advocate for many years. NRDC and the Baykeeper are important partners to have in that effort," Wagner said.

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Sulah cat May 18, 2013 at 09:29 am
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Andy Lyon May 17, 2013 at 01:06 pm
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Jessica E. Davis (Editor) May 17, 2013 at 03:51 pm
Love that you are using the message board to ask this question. Does any one have any ideas?
M Stanley May 16, 2013 at 01:33 pm
Thank you for the information Jessica!
Jessica E. Davis (Editor) May 15, 2013 at 05:54 pm
Also, first make sure you are signed in, and if you can't go to the reset password link here:Read More http://malibu.patch.com/forgot_password.
Max May 15, 2013 at 11:03 am
Dear Phil (re: Burt's column), I can’t quite put my finger on it, but, I sense anRead More Eggs-itential undertone to all this. Does the chicken Egg-ist on behalf of the egg or vice versa? Eggs-perience will reveal the truth. To be complete, I must rehash Camus’ “The Play-egg.” Yet, as I recall, in the Book of Eggs-odous, there wasn’t a single Play-egg, but ten of them… so many, in fact, that it seems to many readers to be literally a Dozen Play-eggs. But, then again, I’m not very religious. In fact, many of my colleagues take me for an Egg-nostic. But, they are such Hard-boiled fanatics, that, in fact, their peers surmise they boarder on Egg-lectic. But, as Burt always says in da ‘hood, “Om-letting them be what they want to be.” We, however, have one on Burt: Rumor has it that he fell of the Vegan and had an egg salad… to which he Eggs-claims, “It was a serving of ‘Egg Beaters,’ you Egg-Heads!!”
Jessica E. Davis (Editor) May 14, 2013 at 10:27 pm
From my family: McCluckens
Susan Tellem May 14, 2013 at 07:35 pm
Call them Nuggets, Fricassee, Kiev, Marsala and Enchilada because that's what chickens end up as onRead More the dinner plate. Just sayin'.
TheDr. May 2, 2013 at 11:26 pm
But autumn in old town around Farmington Rd and Grand River is nice as is the season anywhere inRead More Michigan..I love California and the years I lived there.
J. Flo April 27, 2013 at 02:21 am
May Malibu residents, businesses and our City ALWAYS have the foresight and passion to remember andRead More protect > "Malibu was a place I went to with friends to hang out at the beach. But the last few years, its become a place I often go to by myself as a little escape zone. Whenever I have need to clear by head and level my shoulders, I head out to Malibu for a little mini-vacation. Whenever, like Ishmael, it feels like a damp, drizzly November in my soul, I fire up my 1965 Chevelle Malibu Super Sport and go see the watery part of the world." Amen.
Darcy Miller April 27, 2013 at 12:43 am
I'm from Farmington, MI and I live in Calabasas now, off Mulholland Highway, for the same reason.Read More Beauty all around...
Sulah cat May 16, 2013 at 03:18 pm
MT-------still engaging in blatant hyperbole. Aldo Leopold van de Hoeck is not! Jacques, thanksRead More for the offer but no thanks. You'll just have to do it yourself. It's difficult to respond to a remark that has no sense. Puuuuuuuuuuur
Jacques Mehoff May 3, 2013 at 07:30 pm
I don't know why Sulah Cat would talk about CeCe in such a way, I thought they were friends......
Jessica E. Davis (Editor) May 3, 2013 at 07:24 pm
Thanks all for the love. I think I learned my lesson about taking time off though! It's been a busyRead More week back.
J. Flo April 10, 2013 at 12:51 am
We also use Havahart traps. They are gentle and humane, we can easily transport the little crittersRead More away from our population. We've done this successfully at least 20 times! Shared them with countless Malibu friends who've also successfully and humanely cured their rodent issues.
Maureen Haldeman April 9, 2013 at 02:29 pm
Many complain but do nothing more ... and it is only by action that something gets accomplished. IRead More applaud The Malibu Agricultural Society for persevering on this critical issue and thank the local businesses that removed the rat poison from their shelves. We really can all make a difference. Thank you!
Cece Stein April 9, 2013 at 01:56 pm
Dittos Kian Well said and thanks for your compassion .
J. Flo April 30, 2013 at 02:44 pm
"Although a great many women had entered the men’s room, not a single one emerged."Read More I just choked on my coffee. This might be the funniest thing I've ever read . . .