Monday, October 24, 2011

Let it Be—A Letter to Judge Ernest Goldsmith RE: Malibu Lagoon

Posted on October 24, 2011 at 12:41pm on the Malibu Patch website, and reposted purely for educational purposes:  http://malibu.patch.com/blog_posts/let-it-bea-letter-to-judge-ernest-goldsmith-re-malibu-lagoon

1941 MALIBU LAGOON AS SEEN FROM THE NORTHEAST
This photo of Malibu Lagoon taken by a Fox Location Department scout shows what was in the Restoration area in 1941: nothing, nada, rien, bupkes. What was a debris deposit then and is the Restoration area now was flat and at sea and creek level. There is a channel there that might be natural, because it appears in older maps – that 1903 snakehead, cut off. But there is no plant life there at all. It's flat. It's boring. It's not visitor-serving or a habitat for birds and it doesn’t have any bridges. But that is what nature laid down over millennia and in terms of surf and steelhead, it was a thriving, natural ecosystem that needed no improvement.


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

A New Beach Bill in the Senate

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

Reposted from Sign On San Diego - http://www.signonsandiego.com/news/2011/oct/10/beach-water-testing-gets-boost-signed-bill/



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