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R113611 City Council Meeting: September 14, 2021 Santa Monica, California RESOLUTION NO. 11361 (CCS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE LOS ANGELES COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION DENY THE CITY OF MALIBU UNIFICATION PETITION WHEREAS, on October 12, 2020, the City of Malibu submitted a Petition to form a new Malibu Unified School District from territory currently within the Santa Monica- Malibu Unified School District (“Malibu Petition”); and WHEREAS, on November 10, 2020, the City Council of the City of Santa Monica (the “Council”) re-affirmed its support for such a split but only if the terms of separation, including but not limited to, the division of revenues and assets, are fair and just to students in Santa Monica schools and provide robust and equal educational opportunity for both Malibu and Santa Monica students; and WHEREAS, on March 10, 2021, the Council through its Mayor and Mayor Pro- Tempore, submitted a letter to the Los Angeles County Committee on School District Organization (the “Committee”) requesting the Committee deny the Malibu Petition as the Malibu Petition did not propose an equitable split; and WHEREAS, on March 23, 2021, the Council approved a 13-item motion reaffirming the Council’s position and requesting the denial of the Malibu Petition; and WHEREAS, on April 17, 2021, the Committee conducted a public hearing at which it received a presentation from the City of Malibu and the Santa Monica-Malibu Unified School District (“SMMUSD”) on the Malibu Petition as well as public testimony from residents and organizations from each of the affected territories; and WHEREAS, the information provided highlighted the shortcomings of the Malibu Petition; and DocuSign Envelope ID: 2960F356-CBBD-43B7-8CFE-9525E3E8A83C 2 WHEREAS, these shortcomings were further elucidated with the release of the September 2, 2021 staff report submitted by the Committee’s Business Advisory Services Division and its outside consultant (collectively, “Staff Report”) which concluded that among other significant deficiencies, the Malibu Petition “would have a substantial negative effect on the fiscal health of the remaining Santa Monica USD.”; and WHEREAS, owing to the extreme failings of the Malibu Petition, the Committee should exercise its discretion to deny the Malibu Petition rather than approve the submittal of the Malibu Petition into the full hearing process of Education Code section 35705, particularly during a time of pandemic when SMMUSD and its students and families are focusing their time, resources and energy into returning to campuses in a safe and sustainable manner; and WHEREAS, In light of this and the other negative findings in the Staff Report, the Council cannot support the Malibu Petition and hereby requests that it be summarily denied immediately following the Committee hearing on September 18, 2021. NOW THEREFORE, the City Council of the City of Santa Monica, California hereby finds, determines, declares, orders and resolves as follows: Section 1. That all of the recitals set forth above are true and correct, and the Council so finds and determines. Section 2. That the Council requests the County Committee summarily deny the Malibu Petition following the Committee’s public hearing on September 18, 2021. APPROVED AS TO FORM: _____________________________ GEORGE S. CARDONA Interim City Attorney DocuSign Envelope ID: 2960F356-CBBD-43B7-8CFE-9525E3E8A83C Adopted and approved this 14th day of September 2021. __________________________ Sue Himmelrich, Mayor I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11361 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of September 2021, by the following vote: AYES: Councilmembers Davis, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ABSTAIN: Councilmembers Brock, de la Torre ATTEST: _____________________________________ Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: 2960F356-CBBD-43B7-8CFE-9525E3E8A83C