Commission chair claims city is to blame for communication issues preventing amendment approval
Despite receiving more than 150 letters and emails and hearing from nearly 25 adults and students, the California Coastal Commission voted to extend the City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-22- 043-1 (MMHS Campus Specific Plan), which would extend the 90-working-day time limit to act for one year.
The Coastal Commission met at Newport Beach City Hall on Wednesday, July 12.
On Oct. 3, 2022, the City of Malibu submitted the subject amendment request to amend the Land Use Plan (LUP) and Local Implementation Plan (LIP) of the certified Malibu Local Coastal Program (LCP) to incorporate the Malibu Middle and High School Campus Specific Plan into the Malibu LCP.
On April 12, Coastal Commission Executive Director Kate Huckelbridge reviewed the city’s amendment and determined it to be in accordance with the submittal requirements of Coastal Act Section 30510(b). Coastal Commission Deputy Director Steve Hudson subsequently presented the report on the MMHS Campus Plan.
“Given that our regulations allow for only a single time extension for up to one year for an LCP amendment, our requests are made for the full year to allow for the uncertainty in the review process and flexibility for coordinating with local governments to resolve any of those remaining issues,” Hudson said. “This is a procedural process today, were certainly not going to delay this project, and it does not mean that this project will be delayed for one year — we expect that we can bring this, and we plan to bring this back for a hearing by this fall, that’s our commitment to the school district and the city.”
Hudson said there needs to be more coordination between the city and the Coastal Commission staff to resolve any remaining issues.
City of Malibu Planning Director Richard Mollica attended the meeting through Zoom and said the city is also faced with the same staff limitation issues.
“The concern with the one-year extension is the cost that this will have on construction, and it is based on information from the district,” Mollica said. “There is a possibility that if this project does get pushed out a year, it could potentially increase the cost of the construction by about $13 million, which would exceed the 2018 bond amount and therefore render the project feasible potentially, and we may not be getting a new school.”
Speakers waited nearly six hours in person and on Zoom to share their concerns and urged the Coastal Commission not to delay the Malibu Middle/High School project further.
In-person speakers included SMMUSD Superintendent Dr. Antonio Shelton, MHS PTSA President Karin Al-Hardan, SMMUSD Board Member Carl Randall, SMMUSD Board Member Jen Smith, Malibu Schools Pathway Executive Director Isaac Burgess, SMMUSD Community and Public Relations Officer Gail Pinsker, and SMMUSD Board Member Stacy Rouse.
“The Malibu community supports this project whole-heartedly and we seek to deliver this promise and future generations of Malibu students,” Shelton said. “We’re ready to go, so please work with us; we’re counting on the Coastal Commission to do the right thing and approve the amendment as quickly as possible.”
Brownsey thanked the community speakers but urged the City of Malibu and staff to improve on communication and be cooperative with the Coastal Commission.
“First, I just want to say, how much we appreciated all of the comments from the school board, the superintendent, [and] the parents who have been involved with the issue,” Brownsey said. “I think I speak for all the commissioners — we want to see this project get to where it needs to go as fast as it can, but unfortunately the City of Malibu did not do what it is required to do under law. Our staff met with them a year ago and told them that some of those issues had to be buckled down. The City of Malibu, in a decision that I considered callous, didn’t do what they said they were supposed to do, by pressing all of those issues. It’s an incomplete application.
“Staff talked to them repeatedly trying to get them to talk to us. This is not just a problem that we had with the City of Malibu on this issue, we’ve had a history of the City of Malibu misrepresenting the process of the Coastal Commission and who’s responsible for what.”
“Your community representatives have failed you by not doing what they we’re supposed to do, by timely doing the administrative work, so that this commission expedite and approve your amendment and then your project,” Brownsey continued. “The commission is not responsible for what we have before us today. These are the kinds of projects that we want to expedite; we know how important they are to the community, we know how long it takes for complex projects like this, and we expect cooperation from our local government partners. They provided the community suffering, confusion, and delay, and I have to tell you, I’m appalled that they would tell all you good people, that we are the problem, they failed you, they didn’t do what they were required to do.”
The Coastal Commission voted to move forward with the time extension. The motion passed 7-1.
“We want to bring this back as soon as possible, but I just think you need to understand, we’re not the hold up, the city is,” Brownsey said. “You need to direct your focus, direct your comments, and direct your efforts at getting your city to do their job, so we can do our job.”
Brownsey encouraged the speakers to urge the City of Malibu to improve their communication and cooperation.
“I’m so, so, sorry that I had to say what I had to say, but I thought it was important for you to understand why we’re here, and what needs to get done,” Brownsey said. “I hope that the city will work with the Coastal Commission staff to get this item expedited, and I hope that the members of the community will do what they now know they need to do.”
Shelton provided a quote directly after the meeting.
“I would say, I’m encouraged by this process because today we were at least given the opportunity to provide our voice and show that we are a solid community that believes in this effort to make sure that we have a high school built on that site,” Shelton said. “I do believe that there was a positive that came out of this: We have a direction; as the chair of the commission shared, she wants to hear back from us; it’s our communicating with the city on the half of our school community, to encourage the things that need to be done and get this project done and completed so we can get our kids in Malibu in a high school in the quickest time possible.”
Despite the efforts the community delivered during public comment, Shelton said he felt that they presented a united fight and shared their issues to the commission.
“I think we responded very well, to see the different entities coming together, whether they were school board members, staff members, principals, administrators, parents, coming together for a common cause that impacts our student population,” Shelton said. “That’s what this is about: You can’t do this thing alone; it has to be done with a collective group of people, with the same mindset to ensure that the education of our students is at the forefront of the discussion.”
According to Coastal Act Section 30513 and California Code of Regulations, an amendment to the certified LUP must be scheduled for public hearing. The commission must take action no later than 90 working days from the date the amendment was properly submitted. The 90th working day will be Aug. 18.
The day after the meeting, Shelton emailed a statement thanking the staff, students, and the community overall for their support.
“Your voice helped move this item off the consent calendar to the regular agenda for discussion by the commission,” the statement reads. “That was critical toward garnering a higher level of attention and impact. These efforts clearly had a positive impact with the commissioners, emphasizing the critical juncture we face and furthered their understanding of the needs of Malibu and its students. However, we still have work to do. The Commission granted staff’s request for a one-year extension. The Coastal Commission Chair expressed empathy for the District and the citizens of Malibu, particularly its students, and committed that Coastal staff would work to bring this matter back for approval this fall.
“We believe that the California Coastal Commission, the Santa Monica-Malibu Unified School District, and the City of Malibu are all committed to expediting the entitlement process so Malibu High School can begin construction as soon as possible. We anticipate that the City will do everything necessary to help us meet this goal to get this project underway and we know that you will encourage City leaders to keep moving in this direction. I will continue to monitor this situation, provide updates, and let you know when we need support again from the Malibu community.”
To read the full statement, visit malibutimes.com.