Study of Sewage, Traffic Ordered for Malibu

Malibu cityhood backers suffered a minor setback Wednesday when a Superior Court judge ruled that they are required to prepare a limited environmental impact report on sewage and traffic enforcement problems.

Leaders of the Malibu Committee for Incorporation had hoped to put their cityhood referendum before the voters on March 7, but they say now that the environmental study will delay the vote until at least June 6, according to committee spokesman Mike Caggiano.

Judge Miriam Vogel, ruling on a lawsuit by a Malibu landowner, ordered a limited environmental impact report focusing on two issues: the possibility that the new city government would not build a sewage system, as is being proposed by Los Angeles County, and the effect of the proposed city’s boundaries on Pacific Coast Highway traffic enforcement.

Toliver Besson, attorney for Chris Kolodziejski, sought to overturn the Local Agency Formation Committee’s approval of the cityhood proposal because it failed to prepare a full environmental study on the effects of incorporation, which he said is required by the California Environmental Quality Act.

Ruling Not Overturned

If the decision had been overturned and a full environmental report required, the cityhood vote would have been delayed at least a year.

Vogel, however, did not overturn the ruling, and required only a limited environmental study. Cityhood backers hope to have the study approved by LAFCO in time for the incorporation referendum to be placed on a June 6 ballot, Caggiano said.

“We’re fortunate that she limited the ruling and we only have to look at a couple of issues” for the study, he said.

Besson, however, said he was pleased by the ruling. “I think it’s a good day for environmentalists,” he said, adding that his client filed suit because he “wants all the environmental impacts studied.”

But Caggiano called the lawsuit “developer-inspired,” and said any delay in the incorporation process allows more time for builders to get started on Malibu projects.

“I think it’s terribly ironic that a developer-inspired lawsuit has used the California Environmental Act to slow down a group of people who are terribly concerned with the environment,” he said.

Caggiano said that the Dec. 6 County Board of Supervisor’s hearing to set a date for the cityhood referendum will now be taken off the calendar.

The drive for Malibu cityhood started in October, 1987, after more than 1,000 Malibu residents showed up at a Board of Supervisor’s meeting to protest a proposed $86-million sewer system, which would have been billed to Malibu property owners.

Indefinite Postponement

Opponents of a sewage system argued that it would open the area to widespread development. In the face of the protests, the board postponed action indefinitely. The cityhood drive began the next day.

County officials are now proposing a smaller $34-million sewer system to combat health problems they say are caused by the area’s septic tanks.