Thursday, December 29, 2011
Malibu Times > Archives > News > The 2011 year in review
City’s Water, Air Quality Make Strides In 2011 - Gazettes.com: Environment
officials, and it appeared as though good news began to emerge this
year for …
Friday, December 2, 2011
A Surfrider Foundation Project Short Film
This is a short documentary film, that Stormproof Films and the Santa Barbara Surfrider Foundation Chapter produced. Special guest speaker Shaun Tomson. To raise awareness of excessive plastics in the marine environment. Rise Above Plastics!
Wednesday, November 30, 2011
SoCal Events and Meetings - December 2011
MEETINGS:
12/6 - Ventura - Chapter and Executive Committee (EC) - EP Foster Library - 6-8pm
12/8 - Huntington - RAP Subcommittee meeting - Fred's - 6pm
12/8 - Santa Barbara - EC meeting - Watershed Resource Bldg - 7pm
12/7 - San Diego - Planning meeting - 7pm
12/13 - South Bay - EC meeting - 12 + Highland - 7pm
12/13 - South OC - EC meeting - 7pm
12/15 - WLAM - Chapter Mixer and Annual Elections - 7pm
12/15 - Huntington - EC meeting - 6-7pm
Isla Vista - every Wed night in the Grad Lounge, UCSB - 8pm
EVENTS - CLEAN-UPs - OTHER:
12/1 - Santa Barbara - Annual Holiday Fundraiser - SOhO - 6:30pm
12/3 - Isla Vista - CalPIRG Clean-up - Manzanita Village and Del Playa - 11am
12/3 - WLAM & South Bay - Year End Volunteer Appreciation Event - 10am
12/3 - Long Beach - Termino Ave Clean-up - 9am-12pm
12/3 - San Diego - OFG Garden Assistance Program event - 9:30am-3:30pm
12/3 - San Diego - Ocean Beach Holiday Parade - look for the Tidal Wave of Plastic float! 5pm
12/4 - ONLINE - Screening of "Bag It" for $5 - Intro with Surfrider CEO - 5pm (PST)
12/4 - Long Beach - Holiday Party & Volunteer Appreciation - The Local Spot - 4-6pm
12/4 - South OC - Clean-up at Aliso Creek - 9am-2pm
12/6 - San Diego - "Bag It!" Screening - Dempsey Holder Safety Center - 7pm
12/10 - Long Beach - CleanLB Beach Clean-up at Junipero Ave - 10-11am
12/10 - Huntington - Santa Ana River Jetties Clean-up - 8am-Noon
12/11 - South OC - Clean-up at Aliso Creek - 9am-2pm
12/15 - A Day Without A Bag - various events and locations throughout SoCal
Santa Barbara volunteers from last year's Day Without A Bag (2010) |
12/24 - Long Beach - Fisher-Price Beach Clean-up - 3100 Ocean Blvd - 10-10:30am
2012 Strategic Planning Meetings help outline "how" you are going to succeed in your environmental work. |
Strategic Planning Meetings:
11/16 - Newport Beach (DONE)
12/7 - San Diego
1/21 - Ventura
1/28 - South Orange County
TBD - Isla Vista, Santa Barbara, West LA/Malibu, South Bay, Long Beach, Huntington/Seal Beach
TBA - 2012 Surfrider Foundation Super Summit!
Thursday, November 3, 2011
SoCal Events and Meetings - Novemer 2011
Surfrider Foundation needs YOU in 2012!
MEETINGS:
11/1 - Ventura - Chapter and Executive Committee (EC) - EP Foster Library - 6-8pm
11/1 - South OC - EC status and planning - 6:30-8:30pm
11/3 - HB/SB - RAP mtg - 1st Thu of every month - Shorebreak Hotel
11/8 - SD - RAP mtg - 7pm
11/9 - HB/SB - EC - Location TBA - 6-7pm
11/10 - Santa Barbara - EC - 7-9pm
11/16 - Newport Beach - Planning & Elections - Blue C Advertising - 5-7pm
11/16 - San Diego - Chapter mtg - Forum Hall in UTC - 7-9pm
11/17 - South Bay - Chapter Mixer and Annual Elections - Location TBD - 7-9pm
11/21 - Long Beach - EC - 7pm
Isla Vista - every Wed night in the Grad Lounge, UCSB - 8pm
EVENTS/OTHER:
11/3 - Santa Barbara - MLPA Community Mtg - Watershed Resource Center - 7-8pm
MLPA Community Meetings - November 2011
11/5 - WLAM - Yoga & Beach Clean-up at Topanga SB - 10am
11/5 - Long Beach - Termino Ave. Clean-Up - 9am
11/5 - Newport Beach - 1st Sat Clean-up - 54th/Seashore - 3-5pm
11/6 - South OC - Clean-up at Aliso Creek - 9am-2pm
11/6 - San Diego - OFG Hands on Workshop in Oceanside
11/9 - Long Beach - Eco-Week at CSULB - by campus bookstore. 11am-2pm
11/9 - San Diego - MLPA Community Mtg - Encinitas Community Center - 7-8pm
11/12 - Long Beach - CleanLB Clean-up - 10am
11/12 - HB/SB - Clean-up @ South Bolsa Jetty - 8am-Noon
Sep 24 2011 clean-up with Volcom in Huntington Beach
11/12 - San Diego - Clean-up at Cardiff SB - 9-11am
11/15 - South Bay - MLPA Community Mtg - SEAlab - 7-8pm
11/19 - Long Beach - Granada clean-up - 10am
11/19 - San Diego - Clean-up at Moonlight Beach - 9-11am
11/26 - Long Beach - Fisher-Price clean-up - 10am
11/26 - HB/SB - Clean-up @ 6th St/Northside of HB Pier - 8am-Noon
11/26 - San Diego - Clean-up at Ocean Beach Jetty - 9-11am
11/29 - South OC - MLPA Community Mtg - OC Sailing & Events Ctr - 7-8pm
LOOKING AHEAD:
12/1 - WLAM - Chapter Mixer and Annual Elections - 7pm
12/3 - WLAM & South Bay - Year End Volunteer Appreciation Event - 10am
12/3 - San Diego - OFG Garden Assistance Program event - 9:30am-3:30pm
12/4 - Long Beach - Holiday Party & Volunteer Appreciation - 4-6pm
December - Annual Save Gaviota Holiday Fundraiser
City council bans smoking on the Strand and greenbelt
by Carley Dryden (Updated: Wednesday, August 3, 2011 6:01 PM PDT) |
The loopholes for outdoor smoking in the city of Manhattan Beach have been closed. City Council approved an ordinance Tuesday night to prohibit smoking on the Strand and along Veterans Parkway (the Valley/Ardmore Greenbelt). In 2004, City Council banned smoking on the beach, the pier and in recreational facilities such as parks, athletic fields, tennis courts and basketball courts. “The Strand has become a de facto smoking room because of the no-smoking beach policy,” said resident Craig Cadwallader. “The cigarette butt issue is serious. Cigarette butts are thrown into the sand and the gutters and are toxic to ocean life. I see kids put them in their mouth.” Interim City Attorney Christi Hogin said the ordinance was prompted by two big conclusions — secondhand smoke is hazardous, even outside, and cigarette butts are the primary source of litter. The U.S. Surgeon General said there is no risk-free level of exposure to secondhand smoke, which is categorized with toxic automotive and industrial air pollutants. Secondhand smoke exposure causes 73,000 deaths among nonsmokers each year in the U.S. and causes lower respiratory tract infections, like pneumonia and bronchitis, in as many as 300,000 children in the U.S. each year. While the city is ahead of the curve when it comes to low smoking rates, said Lisa Santora, chief medical officer for Beach Cities Health District, more than 11 percent of adults in the city still smoke. The lowest smoking prevalence rate in L.A. County is 5.6 percent, she said. Smoking is an issue close to a couple council members’ hearts. Mayor Pro Tem Wayne Powell, who urged the Council to put the ban on its Work Plan, lost his father at age 52 due to smoking-related illness. He lost his mother, also a smoker who suffered from lung disease, to a stroke. Councilwoman Amy Howorth said smoking also led to the death of both of her parents — one to esophageal cancer and the other to emphysema. Councilman David Lesser, while noting the importance of the ban’s implementation, questioned if the city would be able to enforce it. “Quite frankly, the majority of folks recognize where they can and cannot smoke and are very compliant,” said Police Chief Eve Irvine. It will not be mandatory to immediately cite someone, Irvine said, especially if the person is from out of town or otherwise unaware of the ordinance. The first ordinance violation comes with a $50 fine, doubling to $100 for the second violation. Additional violations within the same year would each be punishable by a fine of $250. Robert Berger, project director of Project Trust, who helped lead the smoke-free beach movement in the city, said the social norm has changed. “Smokers now have to accommodate nonsmokers. They realize more and more not to do it when they impact others. These policies are self-enforcing,” he said. |
Outdoor smoking, polystyrene nixed in Hermosa
The Hermosa Beach City Council on Tuesday said no to outdoor smoking in broad common areas, tentatively banned the use of polystyrene takeout containers by restaurants, and said yes to the broad outlines of a seven-city bicycle master plan and a Vitality Cities plan for a more walk-able and bike-able town.
“This is a magical night in here tonight,” said Craig Cadwallader of the Surfrider Foundation’s South Bay Chapter, as the council painted the town green.
The council imposed the most aggressive outdoor smoking ban known to local officials, nixing smoking at all outdoor dining areas, the popular Pier Plaza, the city pier, the Strand, the greenbelt parkway that bisects the town, and all city parks and parking lots.
The ban, set to begin March 1, 2012, was approved by a 4-0 vote with Councilman Kit Bobko absent for the later portions of Tuesday’s meeting.
Officials who studied outdoor smoking bans in other cities said it would likely be self-enforcing. Some council members expressed concern that no smoking on the Plaza could push nighttime smokers into residential neighborhoods, but they hope the smokers will gravitate instead to the commercial areas of Beach Drive, which parallels the Strand.
Before the vote, representatives of health and environmental organizations asked the council for the ban.
Former Councilman George Barks, noting that he was going to be on the losing side, made a plea for the “personal freedom” of smokers and potential economic harm to businesses.
Smoking already is banned on the city-owned beach.
While the smoking ban had been foreshadowed by previous council discussions, the polystyrene ban surprised some observers. Previously it had been supported only by Councilman Jeff Duclos, but on Tuesday he was joined by Councilman Peter Tucker and Mayor Howard Fishman.
Tucker told ban supporters that the tide had turned against polystyrene, a material that flakes into tiny pieces and litters the beach and ocean.
“As one president said, my ears ring with your voices,” he said.
Tucker pointed to other industries that have adapted to governmental strictures, and said the dining industry would not face undue hardship.
Fishman said he had more information on polystyrene Tuesday than he had before. He said the ban has support from some local restaurants that have voluntarily stopped using the material.
Councilman Michael DiVirgilio said the ban is an “aggressive” approach to use in a small town. He argued unsuccessfully for a six-month period before the ban in which eateries would be asked to dump polystyrene voluntarily.
He took pains to say that he would favor a ban if gentler methods failed to excise polystyrene. He pointed out that he and Tucker are running for reelection, and said he also heard the voices supporting the ban.
“Mr. Tucker and I are running for office. Who misses that?” he said.
“I have put myself in front of the Mack Truck of banning polystyrene,” DiVirgilio said.
Bobko said the ban represents “the raw application of the government’s power.”
The bike plan, approved only in concept, would add 9.4 new miles of bikeways in Hermosa, in part by painting bicycle lanes onto Aviation Boulevard.
Monday, October 24, 2011
Let it Be—A Letter to Judge Ernest Goldsmith RE: Malibu Lagoon
1941 MALIBU LAGOON AS SEEN FROM THE NORTHEAST |
Friends, Romans, concerned citizens
Still confused about the Malibu Lagoon Restoration and Enhancment plan?
I was too because, in the words of Elton John, "All the science, I don't understand."
But then I put together lots of historic photos, exhibits and visuals, which might make sense.
At risk of inspiring more sound and fury and getting run out of town on a rail after getting tarred and feathered, I was going to keep the following between myself and Judge Ernest H. Goldsmith—the San Francisco Superior Court judge who will be ruling on how to proceed with the Malibu Lagoon Restoration and Enhancement plan.
But in the spirit of Steve Jobs, who said:
"Your time is limited, so don't waste it living someone else's life. Don't be trapped by dogma—which is living with the results of other people's thinking. Don't let the noise of others' opinions drown out your own inner voice. And most important, have the courage to follow your heart and intuition. They somehow already know what you truly want to become. Everything else is secondary."
I am posting the cover letter to Judge Goldsmith and also most of the visual exhibits I sent him with explanations of what I think should be done with Malibu Lagoon.
In essence: Restore it to nature's original design and leave it alone. And nature's original design couldn't be more simple: There was nothing there.
Or, if you are going to mess with nature, create a permanent channel near the top of the point that will allow the ocean to flow in and flush it all out twice a day, and allow the sediment to flow straight out.
This will hopefully create that mind-boggling wave that peeled from Third to First circa 1947.
And bring the steelhead back.
The Honorable Ernest Goldsmith
San Francisco Superior Court #613
400 McAllister Street
San Francisco, CA 94102-4514
October 6, 2011
Your honor
On Oc. 27, you will be making a decision as to whether the Malibu Lagoon Restoration and Enhancement plan should be permanently halted, altered or allowed to go according to the plan approved by the California Coastal Commission one year ago in October of 2010.
I have lived in Malibu for eight years and standup paddle at First Point every day. I have written several articles about Malibu history for Malibu Magazine and Malibu Patch, and recently completed a photo pictorial history of Malibu for Arcadia Publishing.
I can say with some certainty that I know Malibu history as well or better than just about anyone alive—from the Chumash to MASH.
A few months ago, I covered a contentious City Council meeting regarding the Lagoon Restoration. I have written a few pieces on the subject for Malibu Patch and I have also tried to follow the invective that comes from both side of this green on green, uncivil war. I won't try to defend or reject all of the arguments made by others, but I have my own ideas on what should be done with Malibu Lagoon, and I hope you have the time to read them.
The way I see it, the sound and fury over what to do with Malibu Lagoon is a Seinfeldian argument over nothing. That's not to say tidewater gobies aren't important, or bird habitat, or water quality or the possible effect on surf conditions from Third Point to First Point aren't important.
The nothing I am talking about is what naturally originally laid down at the mouth of Malibu Creek—in the area that is being fought over so loud and divisively.
If you will examine these exhibits below, and my explanations, the argument I make is that nature's original design for Malibu Lagoon was nothing: no channeling, no flora, no bird habitat, no nothing.
What nature laid down over millennia—and before human meddling—was a flat, featureless debris deposit: not picturesque, not visitor-serving, but a nothingness that worked, as recently as the 1940s.
Malibu Lagoon and Malibu Creek in the 1940s supported a thriving population of steelhead moving upstream, and a flow of sand and sediment flowing downstream that went straight out to sea and created a safer sand barrier along the Malibu Colony and a surfable wave from Third Point to First Point that was much, much better than what surfers want to protect now.
In essence, I argue that the bulldozers should be allowed to roll, and they should come in and flatten this area into the boring, functional nothingness that nature originally intended. In a way, it's a simple plan. No engineering or science needed, really.
Ben Marcus
Malibu, California
GREEN FESTIVAL, LOS ANGELES - Oct 29-20, 2011
Meet and hear renowned authors and visionaries. Participate in DIY workshops. Enjoy films, fun kid's activities, organic vegan & vegetarian cuisine, local beer & wine, music & art and a diverse marketplace of green businesses & organizations. Our very own Managing Attorney, Angela Howe, will be speaking on Sunday!
Click below to get the special coupon/discount for Surfrider Foundation members and supporters! See you there.
GREEN FESTIVAL, LOS ANGELES
Oct 29 -30th
@ LA Convention Center
**Purchase Tickets here**
Monday, October 17, 2011
A New Beach Bill in the Senate | Surfrider Foundation
September 29 2011 | Blue Water Task Force, Water Quality,
by Mara Dias
The Clean Coastal Environment and Public Health Act of 2011 (S. 1582) is a bipartisan supported bill introduced by Senators Lautenberg (NJ) and Kirk (IL) to re-authorize the BEACH Act. The BEACH Act of 2000 set national standards for recreational water testing and authorized state grants to pay for beach monitoring programs. This landmark law was first championed by Surfrider Foundation a decade ago. In the past four years, multiple attempts to reauthorize the BEACH Act have been made in Congress. The House of Representatives has already approved reauthorization legislation twice now, but proponents of these bills have not been successful in securing a place on the agenda in the full Senate. Let's hope that with a sponsor from both parties this year's bill with have more success moving through the Senate. Senator Boxer (CA), the Chairwoman of the Senate Committee on Environment and Public Works, which has jurisdiction over S. 1582, has also signed on as a co-sponsor. Join Surfrider in urging your Senators to co-sponsor this bill. Send them an email here.
The Clean Coastal Environment & Public Health Act of 2011 proposes to extend the federal BEACH grants, which are distributed to coastal states to pay for beach water testing programs, until 2015. Unlike the previously submitted bills that were unsuccessful (more info here), this newly proposed legislation does not raise the authorized funding for BEACH grants. The authorized funding level will remain at $30 million, hopefully taking away any budget related objections. In reality, BEACH grant appropriations have hovered under $10 million for the last decade and are not likely to increase in the foreseeable future.
This legislation also calls on EPA to approve rapid water testing methods that produce same-day results and expands the scope of the BEACH Act to include tracking and cleaning up the sources of beach water pollution. Improvements in public notification of water quality data and pollution incidents are also mandated, including a requirement for states to develop and maintain online, searchable, water quality databases.
Additionally Congress has tacked on a few studies that it wants the EPA to undertake as part of this bill including a review of mercury testing protocols in the Great Lakes, research on the long-term impacts of climate change on pollution of coastal recreational waters and a study of the impacts of nutrient pollution and algal blooms on coastal recreational waters with recommendations for pollution management actions.
No companion bill has been submitted in the House as of yet, but Surfrider's Northeast Regional Manager, John Weber, participated in a press event held at the Jersey Shore back in August, where both Senator Lautenberg and Representative Pallone both announced their intent to introduce legislation. See local press.
A press release with a link to the text of this bill is also posted on Senator Lautenberg's website.
Tuesday, October 11, 2011
Beach water testing gets boost
The future is looking up for coordinated beach water quality tests -- a cornerstone of Southern California's coastal economy -- because of newly signed legislation that changes the way the program is financed.
Senate Bill 482 bill gives the State Water Resources Control Board authority to spend up to $1.8 million annually to pay for the work through mid-2016. Historically, the money came from the state's general fund through the public health agency, though in recent years it was paid with bond money that runs out at the end of October.
The bill was written by Sen. Christine Kehoe, D-San Diego, and supported by local leaders such as Supervisor Greg Cox.
Future funds to maintain the popular initiative will come from fees that sewage districts and other wastewater dischargers pay to the water board -- a stable source. The amount spent on beach tests each year still will be subject to state budget appropriations, said Justin Malan, executive director of the California Association of Environmental Health Administrators, which sponsored the legislation.
"Without this bill, the water board wouldn't have the explicit authority to raise funds for the purposes of running the program," Malan said. He said the agency could pay for the work by finding savings, raising fees on dischargers or by other means.
San Diego County his historically been the top recipient of state money -- about $300,000 a year -- but state financing started faltering in 2008 and it's been unclear for years whether it would continue for the longterm. The San Diego County Board of Supervisors approved stopgap funding in August designed to keep the program afloat until June 2012.
“With this (legislation), we will have a sustainable source of funding for a program that protects public health and maintains our beachgoing way of life," Cox said Monday.
California’s beach monitoring initiative was created in 1997 by state legislation that mandated weekly water-quality testing at beaches visited by more than 50,000 people a year and if they had storm drains that discharged during dry weather.
Local beach water testing is operated by the county's Department of Environmental Health. Approximately 85 samples are taken and analyzed from beaches and bays along San Diego’s coastline. County officials use the data to issue warnings about elevated bacteria levels due to sewage spills, urban runoff or other pollution sources.
Mike Lee: mike.lee@uniontrib.com; (619)293-2034; Follow on Twitter @sdutlee
Thursday, September 15, 2011
Malibu Times > Archives > News > City to add new water conservation employee
Tuesday, September 6, 2011
Surfrider SoCal - End of Summer 2011 News
Surfrider Foundation's Board of Directors tours the Gaviota Coast |
Surfers' Point Managed Shoreline Retreat project ribbon cutting was held on Saturday July 14, 2011. There's still a lot of work to be done, including construction and vegetation of dunes, swales, completion of the parking lots, bathroom and showers, and more. The Ventura County Chapter wants to thank the new Ventura Surf Brewery for their support - 3% of sales goes to help with the Surfers' Point project. See photos and video of the event here.
Huntington/Seal Beach Chapter's prize-winning "Tidal Wave of Trash" float. |
South Orange County Chapter fights for access at Strands Gate in Dana Point |
San Diego Chapter activists came out to support our Rise Above Plastics Day |
Friday, September 2, 2011
Tuesday, August 30, 2011
YOU can help California make restaurants foam free! | Surfrider Foundation
YOU can help California make restaurants foam free!
August 29 2011 | Rise Above Plastics,
by Bill Hickman
Last week SB 568 advanced through the California State Assembly Appropriations Committee and will be voted on by the full Assembly floor before September 9th! This is a huge step forward for the bill to eliminate polystyrene foam containers from restaurants statewide. Surfrider Foundation is a co-sponsor of this bill with Clean Water Action because we see the impact that foam litter has on our waterways, beaches and ocean. It's a top item picked up at bleach cleanups throughout the state and a major contributor to the North Pacific Garbage Patch which is turning our oceans into a plastic soup. In addition to our main concerns, styrene, a chemical used in foam manufacturing, was recently added to U.S. health department's list of chemicals that are known to cause cancer or could raise the risk of cancer.
HOW YOU CAN HELP: #1) The easiest: If you live within California, call your local State Assemblymember to say 'Please support SB 568 to eliminate foam at restaurants statewide', and include any personal reasons. If you live outside of California but visit the state, we encourage you to call also because tourism is a huge industry and tourists want to see clean beaches, streets and sidewalks. Find the zip code of where you visit and enter it here: www.leginfo.ca.gov/yourleg.html to find the corresponding State Assemblymember.
#2) The most important: Help us rally some more business support for SB 568. If we can show more support from businesses that would be affected that will go a long way. Foam food containers have been banned in over 40 municipalities statewide without a signle business closing down to our knowledge. Most of those local ordinances have a hardship cause where a business can apply for an exemption if needed and we're not aware of any business that has applied for that exemption. Do you know any California restaurant owners or frequent any establishment that might sign on in support? Ask them to sign this letter of support and email or fax it to the contact info listed on the bottom of the letter.
#3) Help spread the word. Please post a link to this blog on your social networks and email it to friends/family, we need as much support as possible down this final stretch. You can follow SB 568 on Facebook at: www.facebook.com/yeson568
SB 568 has been labeled as a 'job-killer' by the opposition and that's simply not true. Foam production jobs would be lost but the flood of green jobs from companies such as Biosphere Industries would create a positive job impact. Some people oppose the bill because of their belief that any regulation is bad. We're not always fans of more regulations, but without them how clean would our water and air be?
Thanks for your continued support, stay strong during this final push and cleaner beaches can be a reality!
Sunday, August 28, 2011
[UPDATED: Gates Still Locked, Surfrider Statement] Dana Point: Unlock the Gates, Let Them Have Beach Access, Court Rules
Environment
[UPDATED: Gates Still Locked, Surfrider Statement] Dana Point: Unlock the Gates, Let Them Have Beach Access, Court Rules
Thursday, August 18, 2011
Summer Saved for Malibu Lagoon, but Struggle Continues
The opening brief was filed this week for the Oct. 27 court hearing in San Francisco that will determine whether the Malibu Lagoon is saved from destruction.
The Kashos have been supporters of the lawsuit filed to challenge a decision by the California Coastal Commission that would have meant the entire western marsh would have been drained, bulldozed and dredged. More than 87,000 cubic yards of soil excavation and fill is part of the plan. This is living soil that is part of the marsh ecosystem, all scheduled to be piled on top of the lagoon parking lot to dry out and die before being either trucked out (most of it) or re-sculpted into a few small islands in the project scheme.
Proponents claimed they would have caught the fish and moved them, but the Kashos' photos prompt several questions:
- What would the pied-billed grebe young in the photo have eaten if there were no fish near the first bridge where the photo was taken?
- Would the pied-billed grebes have even been able to mate and nest in the area with the bulldozing sounds and moving of earth all around and water having been drained and the tule reeds ripped out from the area where they nest?
- Would the pied-billed grebes have even stayed in the area, given the bridges were to be demolished as well?
- And what would the hundreds and hundreds of surfers, beach-going families and wildlife observers be doing this summer, as they would be directed around a highly intensive construction project that would be removing the wooden bridges that were essential to their experience?
This week, two fine public interest lawyers—James Birkelund, who worked for the Natural Resources Defense Council before starting his own firm, and Rose Zoia, who specializes in the California Environmental Quality Act—filed the opening brief for a hearing that is scheduled for October 27th. The document is attached to this piece.
We've taken several supporters on nature walks in the lagoon this summer, and each time we are astounded by the amount of life there. Fish—large and small—by the millions, colorful dragonflies alighting on rocks and flowers, shorebirds, wading birds, waterfowl, songbirds—hunting for food, singing for territory protection, interacting with other wildlife.
It's a celebration of life. If only the judge could come for a visit.
Marcia Hanscom is director of the Wetlands Defense Fund and managing director of CLEAN, two of the petitioners in a lawsuit challenging the Malibu Lagoon project.
Sunday, August 14, 2011
Thursday, August 11, 2011
Malibu Times > Archives > News > Council approves $755K in legal expenses for lawsuit it says could bankrupt city
Council approves $755K in legal expenses for lawsuit it says could bankrupt city
By Knowles Adkisson / The Malibu Times
With a multimillion dollar lawsuit by environmental groups against the city headed for trial in November, the Malibu City Council voted unanimously Monday night to approve an additional $755,000 in funding for legal expenses related to its defense. The lawsuit, filed in 2008 by the National Resources Defense Council and Santa Monica Baykeeper, alleges violations of the Clean Water Act by the City of Malibu and requests damages of $105 million.
Specifically, the lawsuit alleges the city illegally discharged polluted water in the coastal preserve off western Malibu that is designated as an Area of Special Biological Significance (ASBS). It also holds the city responsible for exceeding levels of pollutants in Malibu Creek.
The legal expenses were not included in the city's recently passed fiscal year 2011-12 budget and will be taken from its reserve fund. Malibu City Manager Jim Thorsen said the money would cover previous costs related to the lawsuit, such as depositions and requests for records, as well as future costs for the impending trial.
Malibu Mayor John Sibert said city officials had attempted to resolve the dispute through mediation with the NRDC and Baykeeper, with no success. Sibert and other council members expressed outrage at being forced to allocate major sums to the continuing litigation in the face of what they view as intransigence from the environmental groups.
"This is all money that we have to spend that should be going to clean water, and that really disgusts me," Sibert said. "But we have to do this, because the alternative for the City of Malibu is bankruptcy, or something close to it."
Sibert said the city had spent millions of dollars in recent years on clean water projects such as the stormwater treatment facilities at Paradise Cove and Legacy Park, "addressing all the things that they're suing us about." He blamed a different lawsuit by Baykeeper regarding Legacy Park for costing the city a $5 million dollar water quality grant from the state, and said the city's environmental staff had been occupied responding to the current lawsuit instead of working on environmental issues.
Mayor Pro Tem Laura Rosenthal said the city's past reputation for inaction on water quality issues does not apply today.
"Sometimes you have to look at the momentum, where is a city moving, and how fast are they moving," Rosenthal said. "We're moving quickly, and we're moving in the right direction, and I think that needs to count for something."
Councilmember Jefferson Wagner sought to assure Malibu taxpayers their money was not being wasted frivolously. Wagner said Downey Brand Attorneys, LLC, the law firm hired by the city for its legal defense, was held in high regard by the state water board and had a great deal of credibility in Sacramento on water quality issues.
"The money, although it's a great deal of money, is being spent wisely as far as I've seen in the last couple years," Wagner said. "It's unfortunate that the amounts have become so extravagant."
Councilmember Lou La Monte also voiced his frustration with the process, as well as a warning to the NRDC and Baykeeper.
"I'd like them to know that we are going to court, and ultimately I think we are going to win this case," La Monte said. "Unfortunately, I think it's going to be after several lawyers have put their kids through college, and the water's not getting any cleaner."
Tuesday, August 9, 2011
SOCAL EVENTS & MEETINGS FOR AUGUST 2011
Please always CHECK YOUR LOCAL CHAPTER WEBSITE to confirm meeting and event dates and times, which can and do change. Thanks!
TOP SOCAL ACTION ALERTS:
Open Access At Strands Beach
Preserve The Gaviota Coast
Support Polystyrene Foam Food Container Prohibition (SB 568)
MEETINGS:
8/1 - Long Beach - Chapter - 7pm
8/2 - Ventura - Combined EC & Chapter - EP Foster Library - 7-9pm
8/2 - South OC - EC - Location TBD - 6:30pm
8/9 - San Diego - RAP Committee - 7pm
8/10 - Huntington/Seal Beach - EC - Shorebreak Hotel - 6-7pm
8/11 - Huntington/Seal Beach - RAP Committee - Shorebreak Hotel - 6:30-7:30pm
8/11 - Santa Barbara - EC - Watershed Resource Building - 7-9pm
8/15 - Long Beach - EC - 7-9pm
8/17 - Huntington/Seal Beach & Newport Beach - Joint Chapter Meeting - Time TBA
8/17 - San Diego - Chapter - 7pm
8/23 - San Diego - OFG Committee - 7-8pm
8/31 - San Diego - Tijuana River Action Network - 6-8pm
Isla Vista - offline through the summer 2011
EVENTS/OTHER:
8/6 - Long Beach - Termino Ave Cleanup - 9am
8/12 - WLAM - Banana Republic Malibu - Cocktail Party / Benefit - 6-9pm
8/12 - South OC - Deadline to comment for Poche Outlet. Details >> SOC website
Send your emails of support before Aug 12 deadline to Stephen M. Estes
8/13 - Long Beach - Barefoot Wine Beach Rescue Project - Link to Facebook Event
10-12pm - Clean LB Beach Cleanup @ Junipero Ave Beach
12-2pm - Celebration @ Legends Sports Bar
8/13 - Huntington/Seal Beach - Clean-up - South Bolsa Jetty
8/13 - San Diego - Hold On To Your Butt Awareness Day - various locations - 10am-12pm
8/13 - San Diego - Tijuana River Valley Clean-up - 9am-12pm
8/13 - San Diego - Tamarack Beach Clean-up, Carlsbad - 9-11am
8/14 - South Bay - Pints Against Plastic - Hot's Kitchen - 3pm-Close
8/14 - Long Beach - Ocean Friendly Gardens - Lawn Patrol - 10am-12pm
8/15 - Huntington/Seal Beach - Ban the Bag at HB City Council - 6-9pm
8/20 - Long Beach - Granada Beach Clean-up - 10am
8/20 - South Orange County - Ocean Friendly Gardens Workshop - 9am-12pm
- RSVP Required - Laurie: 949-496-2979
8/20 - San Diego - Stone Brewing - 15th Anniversary Celebration - University of San Marcos
8/20 - San Diego - Beach Cleanup at Moonlight Beach, Encinitas - 9-11am
8/26-28 - CALIFORNIA CHAPTER CONFERENCE! Ventura, CA
8/27 - Ventura - 20th Anniversary Celebration at Zoey's - 6pm-On
8/27 - Long Beach - Fisher-Price Clean-up - 10am
8/27 - Huntington/Seal Beach - Beach Clean-up 17th St/PCH
8/27 - San Diego - Beach Clean-up at Pacific Beach - 9-11am
LOOKING AHEAD:
9/9 - SF Global - Celebrity Expression Session - Malibu, CA
9/15 - San Diego - OFG Basics Class
9/17 - Coastal Clean-up Day - Various locations
SOCAL NEWS - TOP HIGHLIGHTS:
Laguna Beach Considers Bag Ban
LA Stormater Blog - Make Your Garden Ocean Friendly - A Chat with Surfrider Foundation's Paul Herzog
Big Access Threat Seen in Little Beach Pathway - (also posted in Boston Globe, Associated Press, San Francisco Chronical, Atlanta Journal Constitution)
La Jolla Man Wins National Greenscape Award
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Tuesday, July 19, 2011
July 23, 2011 - Barefoot Wine Beach Rescue and Surfrider Foundation event in Santa Barbara
Public Beach Cleanup and Celebration Planned in Santa Barbara
By Barefoot Wines
Monday, July 18, 2011
WHAT:In 2011, Barefoot Wine and the Surfrider Foundation, along with community volunteers, are embarking on a tour of 20 cleanups nationwide, stopping in Santa Barbara. Following the cleanup, volunteers 21+ are invited to attend a Surfrider-hosted celebration featuring Barefoot Wine and surf-inspired fare.
WHO: Barefoot Wine, fun, flavorful and affordable wines and bubblies Surfrider Foundation Santa Barbara County Chapter, a non-profit organization dedicated to protection and enjoyment of the world’s oceans, waves and beaches.
WHEN: Saturday, July 23, 2011 Cleanup 10:00 am - 12:00 pm Celebration 5:00 pm – 7:00 pm RSVP at BeachRescue2011.com
WHERE: Cleanup - Stearns Wharf look for the Surfrider tent!
EVENT COST: Free and open to the public!
Friday, July 15, 2011
Crashing wave of trash
CARLSBAD: Poseidon desal project wins Superior Court decision
Desalination financing gets extension
Poseidon Resources Inc. said Friday that the state Superior Court has again affirmed approval of its planned Carlsbad desalination project by the San Diego Regional Water Quality Control Board.
Surfrider Foundation had sued the water quality board, alleging it did not comply with a California Water Code provision requiring the project to take maximum precautions to protect marine life.
Stamford, Conn.-based Poseidon said in a statement that the decision by San Diego County Superior Court Judge Judith Hayes ends the legal challenges filed against the project, which would be located coast next to the Encina Power Station. Opponents dispute that claim.
"The ruling is definitive and is the latest independent determination that the project complies with all applicable state and federal environmental laws," said Poseidon Resources' Senior Vice President Peter MacLaggan.
Poseidon has won a series of challenges against the project, received all needed construction permits, and has already prepared the site for construction. The company is now trying to secure financing to build the plant and related infrastructure, estimated a year ago to cost nearly $700 million.
But financing has been held up because of a dispute between the city of Carlsbad and the San Diego County Water Authority, which proposes to buy the water from Poseidon. So for the time being, Poseidon can't finish the project, which is falling further behind schedule. Last year, Poseidon estimated the desalination plant would be completed by the end of 2012.
Moreover, Coastal Environmental Rights Foundation, another project opponent, said legal challenges are not over.
"While Poseidon may want the community to think this marks the end to legal challenges to the project, that is not the case," environmental attorney Marco Gonzalez said by email on behalf of the foundation.
"CERF will continue to fight at the County Water Authority, when the intake permits are considered later this year by the Regional Water Board, and every other opportunity that arises until a plant is built. This is far from over, and we're committed to a war, not just battles."
Read more: http://www.nctimes.com/business/article_b031ec9b-7264-51b4-a648-47f683cdf22b.html#ixzz1SDlBnnjc
Thursday, June 30, 2011
Broken Dreams, Budding Promises
Thursday, June 30, 2011
Remember when the eventual McMansionization of Naples seemed like a foregone conclusion? Remember when pool houses, equestrian centers, and fortified luxury estates were all but guaranteed to be the future, albeit a publicly unpopular one, for that sublime and ever-endangered slice of mostly untouched coastal ranch land at the easternmost gate of Gaviota? Well, despite a controversial vote of approval from the Santa Barbara County supervisors nearly three years ago for his Naples-conquering dreams, Matt Osgood, the often-vilified Orange County-based developer who has spent the better part of the past 12 years on a plan to build out the historic property, now reckons his vision is all but dead.
Essentially relegated to the sidelines by a bank foreclosure last spring and kept there ever since by a growing sea of circumstances that are decidedly pro-conservation, Osgood summed up the situation this week with a frank assessment. “There is a very, very low probability that I, or anybody, for that matter, could actually execute on those approvals we got,” explained Osgood, before adding, “I would say, ‘advantage preservationists,’ and in a big way. It is prime time right now for [them] to figure out a play — there probably hasn’t been a better time [to try and protect Naples] in the last 50 years.”
Paul Wellman
Interestingly enough, Osgood’s temperature read on these current times, unbeknown to him, came just days after an informal visit to the Naples property by the executive board of Surfrider Foundation — one of the biggest and baddest ocean-user and beach protection advocacy groups in the world. Last Friday afternoon, just as June Gloom’s gray carpet began to roll back and reveal the bright blue above and the shine of the Pacific below, several members of Surfrider’s governing board hopped the barbed-wire fence along Dos Pueblos Canyon Road and embarked on a walking tour of the property. Joined on their adventure by Santa Barbara Surfrider chapter president Sandy Lejeune and the Environmental Defense Center’s Nathan Alley, the group was led by a cowboy poet with a camera named Reeve Woolpert.
For nearly as long as Osgood has been trying to put luxury homes at Naples, Woolpert — a key figure in the fight to save Montecito’s Hammonds Meadow from a similar fancy home pave-over in the 1970s — has been flying under the radar at Naples with camera in hand, simultaneously seeking out the moments of unbridled beauty that are the property’s calling card and working to covertly catalog the decades’ worth of public use of the private parcel as part of a still-building prescriptive-rights case. Woolpert, who proudly traces his ancestry back to José Francisco Ortega, is about as devout and entertainingly eloquent of a defender of the Gaviota Coast as you can find, and, as a former Surfrider executive boardmember from the latter half of the 1980s, was the ideal tour guide for the fact-finding mission.
As the group made its way out across the coastal terrace, a place that Osgood’s plan has pegged as the perfect landing spot for 16 homes roughly 10,000 square feet in size, the buzz from the Surfrider brass was undeniable — people stopped and gulped in the pristine 360-degree views, oohed and aahed over the power of the place, and gushed about the Gaviota Coast in general and the need to protect it. As one boardmember, Sean Ahlum, observed at the hike’s conclusion nearly two hours later, “I’ve visited the area before and heard this was a special spot, but wow, just beautiful.”
Paul Wellman
To be clear, Surfrider’s overarching governing body, headquartered in San Clemente, was in town simply to hold one of its three annual meetings, one of which is typically held on-location with a local chapter. This year, for the first time in many years, Surfrider — which boasts an international membership of more than 50,000 and has a track record of getting what it wants when it decides to throw its full weight behind a cause — decided to make the trip up the 101 and have its leadership powwow last Saturday along the Santa Barbara waterfront.
But before getting down to official business, Lejeune (who has been lobbying the executive board for the past two years to come up to Santa Barbara and see firsthand the Gaviota Coast — an area that the S.B. chapter has long made its number-one cause) had designs on getting the bigwigs out to Naples and, hopefully, planting the seed to consider making “Save Gaviota” or some similar sentiment a top priority of their own. “I just wanted to take them out there, show them what it is, and talk a bit about our work and the history of the land,” said Lejeune. “It’s not that we are looking for pots and pots of money. We just want their official support and the big push that that would provide.”
“The developers know there is nothing like this left and, to us, Naples is a very critical piece of that puzzle … We will oppose anybody and everybody who is looking to make a mess of it. Period,” opined Lejeune.
The word from both S.B. Surfrider and the Naples Coalition — the multifaceted grassroots group that was born specifically to combat Osgood’s plan and, more accurately, to preserve Naples as a natural space — is that no formal preservation plays are in the works, at least not now. Asked specifically about this, Lejeune responded by pointing out that the roughly 20 miles of coastline that make up the Gaviota Coast are basically the last 20 miles of largely unmolested coast anywhere in Southern California and, as such, should be of critical importance to anyone no matter where they call home. “The developers know there is nothing like this left and, to us, Naples is a very critical piece of that puzzle … We will oppose anybody and everybody who is looking to make a mess of it. Period,” opined Lejeune.
However, all that being said, Osgood’s observations about the current state of affairs are not to be easily dismissed, especially given the current state of both our state and national economies. First is the fact that he no longer is in control of the property save for his current house, on the mountain side of the highway, and two smaller parcels on the ocean mesa. After Osgood defaulted on his $63-million loan with First Bank last spring and failed to meet subsequent “first refusal” deadlines to buy it back in the months that followed, the Missouri-based financial institution assumed control of the controversial property.
Second, part-time Montecito resident Steve Posner, who many speculated might partner up with Osgood to re-buy Naples (there was a reported deal for just south of $50 million in place at one time) or perhaps spearhead an entirely separate group to buy it, died tragically this past winter in a high-speed boat crash in Miami.
Paul Wellman
TALKING PRESERVATION: Santa Barbara Surfrider chapter president Sandy Lejeune and photographer Reeve Woolpert (bottom image, from left of foreground), led the way last Friday out at the Naples property as the executive board of Surfrider traveled to find out more about the embattled yet beloved coastal property.
Third, the land deal that Osgood brokered with the neighboring Dos Pueblos Ranch that allowed for, among other things, the project’s large agricultural conservation easement (something that was considered one of the crucial “public benefits” of the project and thus helped mitigate certain unavoidable environmental impacts in such a way that the project became more appealing to county supervisors) has a sunset date that is fast approaching and, depending on whom you ask, probably will not be revisited should it expire.
Fourth is the fact that First Bank recently filed suit against Osgood over who exactly owns the development rights that the supes approved back in October 2008. This past February, the supervisors, looking to resolve the longstanding lawsuit-filled limbo that has plagued Naples ever since their approval, told First Bank and Osgood to figure out between themselves who the shot caller is on the development rights. While Osgood contends it is him, First Bank responded by simply filing a suit against him for said rights. (For the record, First Bank, in lockstep with its policy since first foreclosing on the property, has failed to return calls from The Independent.)
Lastly, and perhaps most important, is the judgment from the California Coastal Commission two weeks ago about a somewhat similar property in the cliffs of Malibu. With the Coastal Commission yet to have its regulatory bite at the Naples apple, the state agency’s outright denial on June 16 of the Sweetwater Mesa project (a small-scale luxury home development proposed by U2’s guitarist, The Edge) is of particular interest for anyone looking to get dozens of homes at the several-hundred-acre Naples property approved. In short, the Coastal Commission decided that the Sweetwater Mesa plan constituted a “unified development” despite the fact that the five proposed homes were all being pitched as having separate owners. As such, the commission decided that the project would need to match up with existing zoning and, well, that couldn’t logistically happen in such a way that the proposed homes could even be built. (The commission, it should be noted, also had issues with the houses themselves.)
This outcome is particularly relevant to the Naples debate because virtually every way to cut up the land and develop it with making money in mind in any large-scale sense would require rezones that would be nearly impossible to match up with the existing 100-acre zoning currently in place. Osgood, whose land-use attorney, Stanley Lamport, is a partner in the land-use firm that represented The Edge in the losing cause, said of the ruling this week, “It is certainly a game changer as far as Naples is concerned … It is only my opinion, but at this point, I’d say the logical buyers [for Naples] are no longer developers or speculators.”
Asked if he has been approached at all by either preservation or would-be development interests about his remaining parcels, two of which are on the beloved oceanfront mesa, Osgood said, “No, not really.” Then, in what may be the most ironic twist yet in the Naples saga, he added with a laugh, “Hey, if I’m not developing it, I’d just as soon keep it all open space.”
http://www.independent.com/news/2011/jun/30/broken-dreams-budding-promises/
Crashing wave of trash
By Michael Miller, michael.miller@latimes.com
June 29, 2011 | 2:29 p.m.
Andre Faubert's float may not be the best-looking in Huntington Beach's 4th of July Parade. It may not smell very good, either.
But when Faubert's trash sculpture rolls down Main Street, he hopes viewers will agree that it belongs on a flat-bed truck instead of on the beach.
Faubert, a Huntington resident and volunteer for the Surfrider Foundation, spent a month earlier this year gathering trash for one hour a day along the city's shoreline. By the time he finished, he had more than 580 pounds of refuse, from bottle caps to plastic bags to Styrofoam and just about everything in between.
Now, with the help of a student and an alum from the Laguna College of Art & Design, Faubert is turning his discoveries into sculpture. The finished piece will look, from a distance, like a crashing wave, with a curving blue base and white foam at the end of the curl. It may take a closer look to realize that those colors come from pieces of trash sewn and stapled together.
"I said, 'What do you want to make?', basically," Faubert said. "Because they're the art students, you know. And they said, 'How about a wave?'"
The students, Tierney Moses and recent graduate Hannah Cosner, answered an ad Faubert posted on campus looking for assistants. For the last few weeks, they've worked outside Cosner's garage in San Clemente, sorting the trash into different colored piles and aiming to coat the entire plywood base that Faubert created.
It was dirty work, to say the least, and Cosner said the stench proved overwhelming at times. Still, she said, the artists intended to jolt onlookers with the piece, which Farmers & Merchants Bank sponsored for the parade.
"It should be really gross," she said. "But that's why we tried to make it beautiful. People will see it from a distance, and then they'll come up."
Floats are a longstanding tradition in the 4th of July Parade, which started even before the city's incorporation and will celebrate its 107th year Monday. According to city spokeswoman Laurie Frymire, the parade will feature more than a dozen floats this year, with a company or other group sponsoring each one.
Huntington Beach has a full day of activities planned for Monday, including a breakfast in Lake Park, a 5K run and fireworks in the evening. Actors Danny Trejo and Garrett Ryan, rock guitarist Dick Dale and Angels broadcaster Rex Hudler will serve as grand marshals for the parade.
For a full calendar of events, visit http://www.hb4thofjuly.org
If You Go
What: 107th annual 4th of July Parade
Where: The procession begins on Pacific Coast Highway and Ninth Street, turns left onto Main Street and ends just after Yorktown Avenue
When: 10 a.m. Monday
Cost: Free
Information: (714) 536-5486 or http://www.hb4thofjuly.org
Wednesday, June 29, 2011
Cali Bamboo + Surfrider Collab For National Greenscape Challenge | TransWorld Business
By Sara Fruman
Cali Bamboo and Surfrider Foundation have launched the National Greenscape Challenge to promote eco-friendly landscape and garden designs.