City Council Declares Itself United against RWQCB Septic Ban

• Critical Member Mitigates His Stance

BY BILL KOENEKER

Councilmember Jefferson Wagner was put on the hot seat at this week’s Malibu City Council meeting when council members and a local resident with ties to some of the council members questioned his position on wastewater issues concerning the Civic Center septic system ban issued by the Los Angeles Regional Water Quality Control Board.
Doubts about Wagner’s commitment to council public policy continue to linger even though Wagner tried to downplay the issue in a white paper several weeks ago that attempted to clarify his stance after he was quoted in various media where he cast himself as the “new guy in town” who finally wants to get something done about improving local water quality.
Longtime resident and supporter of the current council majority Lloyd Ahern brought the matter to the attention of the council when he questioned Wagner about his position. “Jay’s recent discussion to the community, where does he stand on wastewater? Do you support the city and its plan or do you support the Regional Water Quality Control Board?” Ahern asked.
Mayor Sharon Barovsky then chimed in and said she has been working on the issue since she came to the city council and established communications with RWQCB members, including Fran Diamond, and executive staff members. “You are not the new boy in town. I was already working on this,” the mayor said.
Councilmember Andy Stern reminded Wagner that he was not “new” as he has already been on the council two years, and said Wagner’s comments give the impression that water quality is something Wagner wanted to get accomplished, but was blocked by other council members. During the two years, Wagner never made a public statement that indicated he differend with his colleaagues.
“It is not for you to say there was something you wanted to do and we blocked it. I know you voted no on Legacy Park. If we did not have three votes there would be nothing there now,” Stern added. “I don’t want you or anybody else to say we are blocking it.”
The mayor said she was concerned there would not be a unified council speaking in Sacramento when the septic ban issue is considered by the state board.
“Are you going to go up there and support the city’s plans?” asked Barovsky. She said she was hoping for a unified front. “I am concerned when we go up to Sacramento.”
Appearing subdued, Wagner said, “Yes, I am going to support the city’s plans. We will have a united front” in apparant contradiction of comments made when he called Malibuites who oppose RWQCB “hypocrites.”
Councilmember Pamela Conley Ulich did not enter the fray. She accused the council members of playing politics. “I am not going into this. I know it is the political season,” she said.
At the same time, Wagner had requested an agenda item concerning setting receiving water standards for Malibu Creek. Wagner asked Stern to support putting the matter on the agenda, which he did.
Wagner, in a recent news article, stated that the city should establish its own receiving water standards. Wagner and Stern requested the city council consider authorizing such an ordinance that would establish clean water standards to reduce the amount of pollutant loading entering Malibu Creek from upstream of the city’s northern boundary.
However, council members were told that municipalities can only look within their own boundaries. They cannot impose sanction on others.
“That is the statutory limitation,” said Karl Berger, counsel representing the city attorney’s office.
City Manager Jim Thorsen reiterated the legal position. “The attorney said we cannot look at pollutants only the RWQCB [is authorized]. We can only look at our own city,” Thorsen said.
Wagner said he wanted to establish standards for the water that comes from out of the area.
Stern asked what Wagner wanted to do given what they had just been told. Thorsen said they could establish standards for Malibu. Standards are already set by federal and state law.
Wagner wanted to know if the city could establish standards for upstream cities, but was again told no.
When it came time for the public to comment, consultant Norm Haynie said the city could do some testing of what pollutants that come into the city and into the creek and lagoon. “We are taking care of our own load, but the RWQCB says that is not enough,” he added.
Council members agreed with the need for more testing and said the city has failed to get the word out about what it has done.
“The city has been doing a bunch of things. We need to get that out there. The rest of the community doesn’t seem to know it,” he said.
Sibert said part of what is needed in the final analysis is the city needs to know where all of the pollutants are coming from. “We need to do analytical studies. We need to monitor what is coming into the city. It is not a major expense. We need to know what is the base line,” Sibert added.
The mayor said she needed clarification, asking, “What can or cannot be done?” Berger said the city cannot regulate point sources outside of its jurisdiction.
Stern asked Wagner directly. “In light of the information what do you want to do?” he asked.
The mayor said she totally agreed about testing at the boundaries of the city. “That is part of it,” said Wagner. “We can’t do it legally, but we could put it on the books.”
Berger said that is not the case. “It is an issue of enforcement. Who is polluting? It is a difficult case to bring to court,” Berger said.
Stern tried to ask again. “What do you want to do tonight?” he asked.
Wagner said to put some funding together to do the testing.
Sibert agreed. “We need to ID those things coming into the city,” he said.
At that point, Conley Ulich contributed to the discussion, saying she thought most of that kind of testing was already being done in the city.
Calling upon grants consultant Barbara Cameron, Conley Ulich said “Can you explain how much?”
Cameron told council members that much of the testing they were talking about is being done. “We are currently testing [through contracts with the USGS]. It is the most sophisticated testing in the U.S. We are testing the receiving waters, testing the ground water, testing the creek and lagoon. It is phase one of the project. The results are coming back. We have moved the sampling site upstream to the city boundary in Malibu Creek,” she added.
Cameron said the testing uses radio isotopes so that the origin of the pollutants can be determined. The testing can determine if the water is potable, if it is from the Colorado River or if impurities are naturally occurring. The samplings can determine the source of the pollutants.
Cameron also explained that each upstream city has its own set of water quality rules, regulations and permitting process. “Those cities are regulated and permitted. The RWQCB is the responsible agency,” she added.
Wagner then asked if all the pollution then was from Malibu. “We don’t know yet, “ said Sibert. We need to get some kind of understanding of where it is coming from,” Sibert said.
“It could be natural processes. We might have to shoot the deer,” said Barovsky.
Wagner said maybe it was time to hold off and look at wastewater systems. The meeting adjourned.