HomeMy WebLinkAboutMINUTES - 11041997 - C102 TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
By: Mary Ann McNett Mason, Deputy County Counsel
DATE: October 28, 1997
SUBJECT: Order Changing Boundaries of Liberty Union High School District, Brentwood Union School
District, and Mt. Diablo Unified School District
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Pursuant to Education Code section 35765 adopt Resolution ordering change in school district
boundaries of the Liberty Union High School District, the Brentwood Union School District and
Mt. Diablo Unified School District as reflected in the legal description of the changed district
boundaries attached hereto as Exhibit A and incorporated herein by reference.
BACKGROUND:
On September 10, 1997 the Contra Costa County Committee on School District Organization
adopted Resolution 97/98-3 approving the transfer of territory from Liberty Union High School
District and Brentwood Union School District to Mt. Diablo Unified School District upon the
petitions of at least 25 percent of the registered voters residing in the territory proposed to be
reorganized. (Copy of Resolution 97/98-3 attached hereto as Exhibit B.) The Committee has
requested that the Board of Supervisors order a corresponding change in school district
boundaries. (Copy of request attached as Exhibit C.)
CONTINUED ON ATTACHMENT: YES XXX SIGNATURE
_RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 1997 APPROVED AS RECOMMENDED x OTHER—
Resolution
THER_Resolution No. 97/602 is ADOPTED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x_UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: County Counsel ATTESTED November 4, 1997
cc County Supt. Of Schools PHIL BATCHELOR,CLERK OF
County Assessor THE BOARD OF SUPERVISORS
County Clerk,Elections Division AND C UN ADMI TRATOR
BY ,DEPUTY
MAM:fjb
h:\fbent\mam\BOterrit
Description for Territory Transfer
from Liberty Union High School District and Brentwood Unified School District
to Mt. Diablo Unified School District
The East%:Section 35 and all of Section 36,Township 1 North,Range 1 East,Mount Diablo Base
Meridian.
The west line of said territory is on the east boundary line of Mt. Diablo Unified School District.
Containing approximately 917 acres more or less.
10/20/97
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IN THE COUNTY COMMITTEE OF SCHOOL DISTRICT ORGANIZATION OF
CONTRA COSTA COUNTY,STATE OF CALIFORNIA
In the Matter of Approving Transfer of School District )
Territory From Liberty Union High School and Brentwood) Resolution No. 97199-3
Union School District to the Mt Diablo Unified School )
District )
WHEREAS, California Education Code Section 35700(a)provides that an action to reorganize one or more districts
is initiated upon the filing with the County Superintendent of Schools,of a petition to reorganize one or more school districts
signed by at least 25 percent of the registered voters residing in the territory prepared to be reorganized; and
WHEREAS,a petition has been submitted by Frederick Schiff, chief petitioner,to transfer the territory described in
the petition, from the Liberty Union High School District and Brentwood Union School District to the Mt. Diablo Unified
School District; and
WHEREAS,the County Superintendent of Schools has determined that the petition is legally sufficient; and
WHEREAS,the County Committee on School District Organization conducted public hearings on July 30, 1997 at
the County Office of Education and the Liberty Union High School District,Administrative Office; and
WHEREAS,it is the opinion of the County Committee that the petition complies with criteria described in Education
Code Sections 35707 and 35733.
NOW, THEREFORE,BE IT RESOLVED,by the Contra Costa County Committee on School District
Organization that the petition to transfer school district territory from the Liberty Union High School District and
Brentwood Union School District to the Mt. Diablo Unified School District be approved
BE IT FURTHER RESOLVED that the County Superintendent of Schools be directed to transmit this resolution,
the petition to transfer school district territory and other appropriate materials to the County Board of Supervisors.
PASSED AND ADOPTED on I&of September, 1997, at a special meeting of the Contra Costa County
Committee on School District Organization by the following vote:
AYES. Mirabella, Borsul, and Priest
NOES. None
ABSENT.• Girard and LeMay
I hereby certify that the foregoing resolution was duly introduced,passed and adopted as stated
Pamela Mirabella,Chairperson
Contra Costa County Committee
W/COCORES.DOCiMt
T B
f_' ,
o��.
■ Joseph A.Ovick, Ed.D., Superintendent of Schools
��� ' ' • The Ronald L.Stewart Center
• • ' • 77 Santa Barbara Road - Pleasant Hill, CA 94523
(510)942-3388
October 23 1997
Contra Costa County Board of Supervisors RECEIVED
651 Pine Street
Martinez, CA 94553 OCT 2 4 1997
Dear Board Members: CLERK BOARD OF=X1.1
RE: Transfer of School District Territoa From Liberty Union High School Distri
and Brentwood Union School District to the Mt. Diablo Unified School District
Enclosed is a copy of the Contra Costa County Committee on School District
Organization's Resolution No. 97/98-3 approving transfer of school district territory from
Liberty Union High School District and Brentwood Union School District to the Mt.
Diablo Unified School District. This action was taken on September 10, 1997. Also
enclosed are copies of a letter from the Mt. Diablo Unified School District stating their
approval of the territory transfer, the Minutes of the County Committee on School
District Organization dated July 30, 1997 in which the Liberty Union School District and
the Brentwood Union School District stated their approval of the territory transfer, report
on the petition approved by the County Committee on School District Organization and
the legal description and 4 maps prepared by Leptien, Cronin, Cooper, Inc., Civil
Engineers.
The forwarding of the above materials have been delayed due to the need of
providing a legal description indicating the change of boundaries. Pursuant to California
Education Code Section 35709, action to petition transfer of school district territory is
being sent to the Board of Supervisors.
Very truly yours,
C��SZ,�SIl�
Ellen M. Elster
Deputy Superintendent
EME/yp
Encls.
cc: County Committee on School District Oganization
Frederick Schiff, chief petitioner
Doug Adams, Superintendent, Brentwood Union School District
Dan Smith, Superintendent,Liberty Union School District
Paul Allen, Superintendent, Mt. Diablo Unified School District
bd.ofsupv F!!V1310 C
W.DI"LO UNMED SCHOOL DISTRICT
JAMES V DENT EDUCATION C IWMR
1936 Carlorm Drive
Concord,California 94519-1397
(510)682-8000
•
OFFICE OF
SUPERWrENDENT
July 30, 1997,
Ellen 1M. Elster,Deputy Superintendent VIA FAX TRANSMISSION
Contra Costa County Office of Education
77 Santa Barbara Road
Pleasant Hill, CA 94523
Dear Ellen-
Re: Transfer of Territory from the Liberty Union High School District.and
Brentwood Union School District to the Mt. Diablo Unified School District
The Mt. Diablo Unified School District does not oppose the transfer of territory into our
school district as identified above. It is to be understood, however, that transportation to
and from school will not be provided for the students living in that area-
Ellen, because this petition is unopposed by Mt. Diablo, there will be no representatives
from this district at the public hearing scheduled for tonight.
Sincerely,
Paul E. Allen
$uperintenderit
/p1v
AN_-quA .WMRnM7Y/AFF/RMA77VE AC17ONEMPLOYER FAX(S IQ)669-1609
(UNAIJOPTED MINUTES)
CONTRA COSTA COUNTY BOARD OF EDUCATION
Serving in the Capacity as the County Committee on School District Organization
CONTRA COSTA COUNTY OFFICE OF EDUCATION BOARD ROOM
77 Santa Barbara Road
Pleasant Hill,CA 94523
July 30, 1997
A meeting of the County Committee on School District Organization was called to order at 6:40 p.m.with
the recitation of the Pledge of Allegiance.
ROLL CALL:- Pamela Mirabella,Daniel Borsuk,Charles Priest
/Absent: CheryljLeMay,David Girard
CHAIR: Pamela Mirabella
Others: Ellen Elster, Pat Meehan, County Office staff; Doug Adams, Brentwood Union
School District; Dan Smith, Liberty Union High School District; Frederick R. Schiff,
Chief Petitioner, and his wife, Paula; Mr. And Mrs. Mark Mobbian, Corinne Vieville,
Clayton area residents, Kathleen Buckalew, Concord resident. A partial listing of
attendees is on file at the County Office of Education.
Chair Mirabella asked that Staff Report be added to the agenda since there was a need to calendar a
follow-up County Committee public hearing on this territory transfer in accordance with the
requirements of Public Resources Code Section 21000,et seq.,pertaining to the California Environmental
Quality Act. It was the consensus of the Committee that the Staff Report be added.
APPROVAL OF MINUTES
The minutes of July 9, 1997,were approved with the following amendments: change adjournment to 7:10
p.m.; the notation that parents of seven of the fourteen students currently residing in the area did not sign
the petition was made by Mr. Walden of Walnut Creek School District; and that it be noted for the record
that Dr. Priest abstained from voting on the territory transfer request since he had missed the hearing on
this issue because he was out of state. (M/S: Borsuk/Priest; LeMay,Girard,absent).
STAFF REPORT
Ellen Elster, Deputy Superintendent, Contra Costa County Office of Education, informed the Committee
that the co-petitioners of the recent request for transfer of territory from the Walnut Creek School District
to the Lafayette School District are appealing the County Committee's decision to deny the transfer. Thg
appellants have filed the notice of appeal and a statement of reasons and factual evidence in a timely
manner. The statement and complete administrative record of the County Committee's proceedings will
be sent to the State Board of Education within the prescribed 15 days of receipt of the statement. The
State Board of Education may elect to review the appeal, or deny review of the appeal (thus ratifying the
County Committee's decision). If the State Board of Education decides to review the appeal, it may
affirm the action of the County Committee, or reverse or modify the action of the County Committee,
County Committee Meeting
July 30, 1997 . ..
evening. Barring Brentwood residents'disapproval,his district would be in favor of the territory transfer.
A brief discussion followed on the differential in tax rates for area residents should the transfer take place;
it was felt that the increase would be minimal.
Area residents Daylene Mobbian and Corinne Vieville gave their reasons for wanting to be annexed into
the Mt. Diablo Unified School District. Reasons cited were as follows: though busing is provided to
Brentwood schools,paid for by the parents,the trip is very long,particularly for the younger children; six
children in the area are in home schooling,primarily because of the long bus rides; business activities and
community activities by most area residents are performed in Clayton.
Kathleen Buckalew, a Concord resident and Mt. Diablo Unified School District parent, stated her
concerns regarding the impact on the Mt. Diablo Unified School District. The concerns she cited related
to adding to the lower class size problem and related facilities needs, cost of transporting students from
the area, and the additional cost to the district should any of the students require special education
services.
Ellen Elster, Deputy Superintendent, read into the record a letter from Paul Allen, Superintendent, Mt.
Diablo Unified School District. In the letter Mr.Allen stated that the district does not oppose the transfer
of territory into their school district, but that it is to be understood that transportation to and from school .
will not be provided for the students living in that area. He also stated that, because this petition is
unopposed by the district,there will be no representatives from the district at the public hearing.
In answer to a question raised, Mrs. Elster pointed out that,if the petition were approved, it would not be
implemented this school year. There is a legal process and timeline that must be followed, i.e., filing with
Board of Supervisors,etc.
Chair Mirabella recessed the public hearing at 7:35 p.m.
The Committee on School District Organization reconvened the public hearing at the Liberty Union High
School District Administration Office at 8:37 p.m. Chair Mirabella again explained the hearing
procedures that would be followed for this evening's meeting. She invited those who had spoken at the
County Office of Education(Mt. Diablo Unified School District) to briefly restate their positions for the
benefit of any new attendees at the hearing.
Chief Petitioner Schiff reiterated his earlier statements in support of the territory transfer. He again cited
community and business identity with Clayton; that they have a Clayton address; closer proximity to the
Mt. Diablo schools; many of the residents in the affected area agree with the territory transfer; the low
number of students involved in the transfer would not have a significant impact on any of the affected
districts; their child care is located in Clayton. Mr.Schiff questioned the time frame that it would take for
the County Committee's decision to be enacted should they find in favor of the petition,which would be
the 1998-99 school year. He stated that Mt. Diablo district had informed them that they would not be
allowing interdistrict transfers for the 1997-98 school year due.to class size reduction. He asked the
Committee if something could be worked out since he had started this process over a year ago. Staff
stated that they would research the timelines.
Daniel Smith, Superintendent, liberty Union High School District, stated that he and Doug Adams,
Superintendent of the Brentwood Union School District, have been working with Mr. Schiff for quite
some time, are aware of the dilemma he has faced, and have been looking for ways to work things out.
Co Committee Meeting
unty Comm g
July 30, 1997
and, if the petition proposal is to be voted upon, must determine the area of election. The State Board of
Education must notify the County Committee of its decision and the County Committee must then notify
the County Board of Supervisors or the County Superintendent of Schools, as appropriate, pursuant to
Education Code Section 35709 or 35710. Chair Mirabella asked that staff try to verify the State Board of
Education's timeline for reviewing the appeal.
Mrs. Flster also indicated the need for a public hearing on the environmental impact of the Schiff petition
being heard tonight. Thirty days'public notice and a public hearing are required. After a brief discussion,
it was the consensus of the Committee to schedule a County Committee meeting and public hearing on
September 10, 1997, beginning at 6:30 p.m. The County Board meeting scheduled for that evening
would be delayed until 7:15 p.m.
PUBLIC HEARING
Chair Pamela Mirabella opened the public hearing on the petition received from Frederick R. Schiff,
Chief Petitioner, to transfer territory from the Liberty Union High School and Brentwood Union School
District to the Mt. Diablo Unified School District. Chair Mirabella reviewed the petition process and
explained the procedure to be followed during this evening's hearing. She stated that fifteen minutes
would be allotted to the petitioners and to each of the affected school districts if they so desired.
Following these presentations,members of the community and public would be given three minutes each
to speak on the issue. It was requested that, in the interest of time, duplicate arguments and repetition
should be avoided.
Chief Petitioner Frederick R. Schiff and his wife,Paula, cited the following reasons and gave background
information on the area to support the transfer of territory: since they moved in seven years ago,and both
parents work in San.Francisco, they have always had the option to send their children to either school
district and, thus, have been able to obtain interdistrict transfers for their children to attend Mt. Diablo
Unified School District schools; due to class size reduction (20:1), the Mt. Diablo district is unable to
allow these transfers now or in the foreseeable future;schools in the Mt. Diablo district are much closer to
this area (ten minutes to the town of Clayton vs. more than twenty minutes to the center of Brentwood);
signatures gathered on the petition were well over the required 25% of the registered voters, indicating
that most of the area residents were in favor of the territory transfer; the potential to build out in the area
is minimum due to the lack of water (wells only), the topography of the area, and the Williamson Act
which dictates the sizes of building lots. Mr. and Mrs. Schiff also stated that, due to the proximity to
Clayton, they and their children identify with the community of Clayton, participating in afterschool
activities,etc. The petitioner strongly urged approval of the transfer of territory.
Doug Adams,Superintendent, Brentwood Union School District, stated that Dan Smith, Superintendent,
Liberty Union High School District, would be in attendance and would speak when the public hearing
reconvenes at the Liberty Union High School District later in the evening. He said that this petition is
different from the most recent petition his district had voted against in that it was filed by a resident; that
geographically, the area presents transportation problems for the residents and for his district since it is a
great distance from Brentwood schools; that the financial impact (loss) of assessed valuation will not
greatly affect future bonds; that ethnicity is not a factor. He strongly advised that in no way did the
Brentwood Union School District's approval of this petition set a precedent in the area. Possible future
development of the Deer Valley area close to this vicinity would be a totally different matter. Mr.Adams
added the caveat that he did not know what would happen or how many Brentwood residents would be
present to give testimony against the territory transfer at the Liberty school district office later in the
• County Committee Meeting
July 30, 1997
He said his district is not opposed to formal property change as long as the property stays within the
boundaries shown in the petition. The district views this petition much differently than other recent
petitions because this request is by a resident of the area. Mr. Smith stated that the potential impact on
the district because of loss of assessed valuation would not be significant. He said that significant
development of the area in question was not looked upon as viable,but that the change in territory must
stay within the area outlined in the petition.
Chair Pamela Mirabella closed the public hearing.
ADJOURNMENT
There being no further business,the meeting was adjourned at 8:45 p.m.
Joseph A.Ovick,Ed.D.,Fac Officio Secretary
County Board of Education
10/28/97„ TUE ,11:46 FAI 510 944 1698 CCC Office of Ed 2002
1,17
Joseph A.Ovick, Ed.D, Superintendent of Schools
CONTRA COSM • The Ronald L,Stewart Center
OFFICE OF + 77 Santa Barbar&Road , Pleasant Hill, CA 94523
(510)942-3398
RECEIVED
OCT 2 8 1997
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
October 28, 1997
Contra Costa County Board of Supervisors
651 Pine, Room 103
Martinez, CA 94553-1293
Dear Board Members:
RE: Transfer of School District Territory
This is to confirm that this action transfers inhabited territory of less than 10% of
the assessed'valuation of the Liberty Union High School District and Brentwood Union
School District to the Mt. Diablo Unified School District.
Very truly yours,
Ellen M. Elster
Deputy Superintendent
EME/yp
102 b
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 4, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN:None
SUBJECT: Change of Boundaries of )
Liberty Union High School ) Resolution No. 97/_6a
District and Brentwood Union)
High School District and )
Mt. Diablo Unified School )
District. )
WHEREAS,pursuant to Education Code Section 35765,upon receipt of proper evidence that
an action to reorganize school districts has been approved as provided by law, the Board of Supervisors
shall order a change in school district boundaries as required by the action; and
WHEREAS, the Board of Supervisors has received proof that on September 10, 1997 the
Contra Costa County Committee on School District Organization adopted Resolution 97/98-3 approving
the transfer of school district territory from Liberty Union High School District and Brentwood Union
School District to Mt. Diablo Unified School District as shown on the legal description attached hereto as
Exhibit A and incorporated herein. (Copy of Resolution 97/98-3 attached hereto as Exhibit B.)
NOW, THEREFORE BE IT RESOLVED, that the boundaries of the Liberty Union High
School and Brentwood Union School Districts be changed to omit, and the boundaries of Mt. Diablo
Unified School District be changed to add the territory reflected in the legal description attached hereto as
Exhibit A and incorporated herein.
t hereby ce"ow tltltl to a fire and correct Copy of
an action taken and entered on the minutes of the
Board of 8 eaa on a date ahorm.
ATTE8?EDS�1
i;A1 and hoard
Deputy
Orig. Dept: County Counsel
cc: County Superintendent of Schools
County Counsel
County Assessor
County Clerk, Elections Division
hAfbent\mam\BOTERRIT
RESOLUTION NO. 97/602
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Description for Territory Transfer
from Liberty Union High School District and Brentwood Unified School District
to Mt.Diablo Unified School District
The East V2 Section 35 and all of Section 36,Township 1 North,Range 1 Fast, Mount Diablo Base
Meridian.
The west line of said territory is on the east boundary line of Mt. Diablo Unified School District.
Containing approximately 917 acres more or less.
10/20/97 `? I IT A
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IN THE COUNTY COMMITTEE OF SCHOOL DISTRICT ORGANIZATION OF
CONTRA COSTA COUNTY,STATE OF CALIFORNIA
In the Matter of Approving Transfer of School District )
Territory From Liberty Union High School and Brentwood) Resolution No. 97198-3
Union School District to the Mt.Diablo Unified School )
District )
WHEREAS, California Education Code Section 35700(a)provides that an action.to reorganize one or more districts
is initiated upon the filing with the County Superintendent of Schools,of a petition to reorganize one or more school districts
signed by at least 25 percent of the registered voters residing in the territory prepared to be reorganized;and
WHEREAS, a petition has been submitted by Frederick Schiff, chief petitioner, to transfer the territory described in
the petition,from the Liberty Union High School District and Brentwood Union School District to the Mt.Diablo Unified
School District; and
WHEREAS,the County Superintendent of Schools has determined that the petition is legally sufficient; and
WHEREAS,the County Committee on School District Organization conducted public hearings on July 30, 1997 at
the County Office of Education and the Liberty Union High School District,Administrative Office; and
WHEREAS,it is the opinion of the County Committee that the petition complies with criteria described in Education
Code Sections 35707 and 35733.
NOW, THEREFORE,BE IT RESOLVED,by the Contra Costa County Committee on School District
Organization that the petition to transfer school district territory from the Liberty Union High School District and
Brentwood Union School District to the Mt.Diablo Unified School District be approved
BE IT FURTHER RESOLVED that the County Superintendent of Schools be directed to transmit this resolution,
the petition to transfer school district territory and other appropriate materials to the County Board of Supervisors.
PASSED AND ADOPTED on 10'h of September, 1997, at a special meeting of the Contra Costa County
Committee on School District Organization by the following vote:
AYES. Mirabella, Borsul; and Priest
NOES. None
ABSENT.• Girard and LeMay
I hereby certify that the foregoing resolution was duly introduced,passed and adopted as stated
Pamela Mirabella,Chairperson
Contra Costa County Committee
WICOCORES.DOC/M `�
/ t B
10i28i97 TUE 11:46 FAX 511) 944 1698 CC(-,' Office of Ea 1002
r _
n� Joseph A.Ovick, Ed.D., Superirlenderit of Schools
® . . The L.Stewart Cerner
v r • 77 Santeanta Barbara Road Pleasant Hill, CA 9523
(510)942-3388
RECEIVED
OCT 2 81997
CLERK BOARD Or SUPERVISORS
CONTRA COSTA CO.
October 28, 1997
Contra Costa County Board of Supervisors
651 Eine, Room 103
Martinez, CA 94553-1293
Dear Board Members:
RE: Transfergf school District Terr-itary
This is to confirm that this action transfers inhabited territory of less than 10% of
the assessed valuation of the Liberty Union High School District and Brenmrood Union
School District to the Mt. Diablo Unified School District.
Very truly yours,
Ellen M. Elster
Deputy Superintendent
EME/yp
W/,,chi ftbdmpv
C, �oZ
CONTRA COSTA COUNTY
CLERK OF THE BOARD
TO: Mary Ann Mason DATE: October 27, 1997
Deputy County Counsel
FROM: Jeanne Maglio
SUBJECT: Transfer of School District Territory from
Liberty Union High School District and Brentwood
Union School District to the Mt. Diablo Unified
School District
Pursurant to our telephone conversation today, attached is the
correspondence from Ellen M. Elster, Deputy Superintendent,
relative to the above noted subject. Not included with this
packet is a very large map reflecting the annexation to the Mt.
Diablo Unified School District which was too large to duplicate.
Our concern is getting the agenda text for this item on the
November 4, 1997, Board Agenda.
Also attached is the December 14, 1993 , (Agenda Item No. 1. 122)
of the Board action changing the boundaries of the Lafayette
School District and Orinda Union School District.
Please call .if I can be of any further assistance, Ext. 5-1908 .
jm
Attachments
�rr Joseph A. Ovick, Ed.D., Superintendent of Schools
The Ronald L.Stewart Center
' • ' • 77 Santa Barbara Road • Pleasant Hill, CA 94523
(510)942-3388
October 23 1997
Contra Costa County Board of Supervisors 9—gsc
V ED
651 Pine Street
Martinez, CA 94553 OCT 1997
Dear Board Members:RE: Transfer of School District Territory From Libool Diatric
and Brentwood Union School District to the Mt. Diablo Unified School District
Enclosed is a copy of the Contra Costa County Committee on School District
Organization's Resolution No. 97/98-3 approving transfer of school district territory from
Liberty Union High School District and Brentwood Union School District to the Mt.
Diablo Unified School District. This action was taken on September 10, 1997. Also
enclosed are copies of a letter from the Mt. Diablo Unified School District stating their
approval of the territory transfer, the Minutes of the County Committee on School
District Organization dated July 30, 1997 in which the Liberty Union School District and
the Brentwood Union School District stated their approval of the territory transfer, report
on the petition approved by the County Committee on School District Organization and
the legal description and 4 maps prepared by Leptien, Cronin, Cooper, Inc., Civil
Engineers.
The forwarding of the above materials have been delayed due to the need of
providing a legal description indicating the change of boundaries. Pursuant to California
Education Code Section 35709, action to petition transfer of school district territory is
being sent to the Board of Supervisors.
Very truly yours,
Ellen M. Elster
Deputy Superintendent
EME/yp
Encls.
cc: County Committee on School District Oganization
Frederick Schiff, chief petitioner
Doug Adams, Superintendent, Brentwood Union School District
Dan Smith, Superintendent, Liberty Union School District
Paul Allen, Superintendent, Mt. Diablo Unified School District
bd.ofsupv
IN THE COUNTY COMMITTEE OF SCHOOL DISTRICT ORGANIZATION OF
CONTRA COSTA COUNTY,STATE OF CALIFORNIA
In the Matter of Approving Transfer of School District )
Territory From Liberty Union High School and Brentwood) Resolution No. 97/98-3
Union School District to the Mt Diablo Unified School )
District )
WHEREAS, California Education Code Section 35700(a)provides that an action to reorganize one or more districts
is initiated upon the filing with the County Superintendent of Schools, of a petition to reorganize one or more school districts
signed by at least 25 percent of the registered voters residing in the territory prepared to be reorganized; and
WHEREAS, a petition has been submitted by Frederick Schiff, chief petitioner, to transfer the territory described in
the petition, from the Liberty Union High School District and Brentwood Union School District to the Mt. Diablo Unified
School District; and
WHEREAS, the County Superintendent of Schools has determined that the petition is legally sufficient; and
WHEREAS, the County Committee on School District Organization conducted public hearings on July 30, 1997 at
the County Office of Education and the Liberty Union High School District,Administrative Office; and
WHEREAS, it is the opinion of the County Committee that the petition complies with criteria described in Education
Code Sections 35707 and 35733.
NOW, THEREFORE, BE IT RESOLVED,by the Contra Costa County Committee on School District
Organization that the petition to transfer school district territory from the Liberty Union High School District and
Brentwood Union School District to the Mt. Diablo Unified School District be approved.
BE IT FURTHER RESOLVED that the County Superintendent of Schools be directed to transmit this resolution,
the petition to transfer school district territory and other appropriate materials to the County Board of Supervisors.
PASSED AND ADOPTED on I e of September, 1997, at a special meeting of the Contra Costa County
Committee on School District Organization by the following vote:
AYES: Mirabella, Borsuk, and Priest
NOES. None
ABSENT: Girard and LeMay
I hereby certify that the foregoing resolution was duly introduced,passed and adopted as stated.
pao�"
Pamela Mirabella,Chairperson
Contra Costa County Committee
W/COCORES.DOC/M
D MT.DI,ABLO UNIFIED SCHOOL DISTRICT
JAMES V DENT EDUCATION CENTER
1936 Carlotta Drive
Concord,California 94519-1397
(510)682-8000
0
OFFICE OF
SUPERINTENDENT
July 30, 1997
Ellen M. Elster, Deputy Superintendent VIA FAX TRANSMISSION
Contra Costa County Office of Education
77.Santa Barbara Road
Pleasant Hill, CA 94523
Dear Ellen_
Re: Transfer of Territory from the Liberty Union High School District.and
Brentwood Union School District to the Mt. Diablo Unified School District
The Mt. Diablo Unified School District does not oppose the transfer of territory into our
school district as identified above. It is to be understood, however, that transportation to
and from school will not be provided for the students living in that area.
Ellen, because this petition is unopposed by Mt. Diablo, there will be no representatives
from this district at the public hearing scheduled for tonight_
Sincerely,
Paul E. Allen
Superintendent
/plv
ANEQUAL OPPOR7UN17Y//FFIRMA77VEAC77ONfbfALOYR FAX(510)699-1649
a'.
(UNADOPTED MINUTES) V, LOZ
ti
CONTRA COSTA COUNTY BOARD OF EDUCATION
Serving in the Capacity as the County Committee on School District Organization
CONTRA COSTA COUNTY OFFICE OF EDUCATION BOARD ROOM
77 Santa Barbara Road
Pleasant Hill, CA 94523
July 30, 1997
A meeting of the County Committee on School District Organization was called to order at 6:40 p.m. with
the recitation of the Pledge of Allegiance.
ROLL CALL: Pamela Mirabella,Daniel Borsuk,Charles Priest
/Absent: CheryljLeMay,David Girard
CHAIR: Pamela Mirabella
Others: Ellen Flster, Pat Meehan, County Office staff; Doug Adams, Brentwood Union
School District; Dan Smith, Liberty Union High School District; Frederick R. Schiff, .
Chief Petitioner, and his wife, Paula; Mr. And Mrs. Mark Mobbian, Corinne Vieville,
Clayton area residents, Kathleen Buckalew, Concord resident. A partial listing of
attendees is on file at the County Office of Education.
Chair Mirabella asked that Staff Report be added to the agenda since there was a need to calendar a
follow-up County Committee public hearing on this territory transfer in accordance with the
requirements of Public Resources Code Section 21000,et seq.,pertaining to the California Environmental
Quality Act. It was the consensus of the Committee that the Staff Report be added.
APPROVAL OF MINUTES
The minutes of July 9, 1997,were approved with the following amendments: change adjournment to 7:10
p.m.; the notation that parents of seven of the fourteen students currently residing in the area did not sign
the petition was made by Mr. Walden of Walnut Creek School District; and that it be noted for the record
that Dr. Priest abstained from voting on the territory transfer request since he had missed the hearing on
this issue because he was out of state. (M/S: Borsuk/Priest; LeMay,Girard,absent).
STAFF REPORT
Ellen Elster, Deputy Superintendent, Contra Costa County Office of Education, informed the Committee
that the co-petitioners of the recent request for transfer of territory from the Walnut Creek School District
to the Lafayette School District are appealing the County Committee's decision to deny the transfer. The
appellants have filed the notice of appeal and a statement of reasons and factual evidence in a timely
manner. The statement and complete administrative record of the County Committee's proceedings will
be sent to the State Board of Education within the prescribed 15 days of receipt of the statement. The
State Board of Education may elect to review the appeal, or deny review of the appeal (thus ratifying the
County Committee's decision). If the State Board of Education decides to review the appeal, it may
affirm the action of the County Committee, or reverse or modify the action of the County Committee,
J
C,I o`v
County Committee Meeting
July 30, 1997 . ...
evening. Barring Brentwood residents'disapproval,his district would be in favor of the territory transfer.
A brief discussion followed on the differential in tax rates for area residents should the transfer take place;
it was felt that the increase would be minimal.
Area residents Daylene Mobbian and Corinne Vieville gave their reasons for wanting to be annexed into.
the Mt. Diablo Unified School District. Reasons cited were as follows: though busing is provided to
Brentwood schools,paid for by the parents,the trip is very long,particularly for the younger children; six
children in the area are in home schooling, primarily because of the long bus rides; business activities and
community activities by most area residents are performed in Clayton.
Kathleen Buckalew, a Concord resident and Mt. Diablo Unified School District parent, stated her
concerns regarding the impact on the Mt. Diablo Unified School District. The concerns she cited related
to adding to the lower class size problem and related facilities needs, cost of transporting students from
the area, and the additional cost to the district should any of the students require special education
services.
Ellen Elster, Deputy Superintendent, read into the record a letter from Paul Allen, Superintendent, Mt.
Diablo Unified School District. In the letter Mr. Allen stated that the district does not oppose the transfer
of territory into their school district, but that it is to be understood that transportation to and from school
will not be provided for the students living in that area. He also stated that, because this petition is
unopposed by the district,there will be no representatives from the district at the public hearing.
In answer to a question raised, Mrs. Elster pointed out that, if the petition were approved, it would not be
implemented this school year. There is a legal process and timeline that must be followed, i.e., filing with
Board of Supervisors,etc.
Chair Mirabella recessed the public hearing at 7:35 p.m.
The Committee on School District Organization reconvened the public hearing at the Liberty Union High
School District Administration Office at 8:37 p.m. Chair Mirabella again explained the hearing
procedures that would be followed for this evening's meeting. She invited those who had spoken at the
County Office of Education (Mt. Diablo Unified School District) to briefly restate their positions for the
benefit of any new attendees at the hearing.
Chief Petitioner Schiff reiterated his earlier statements in support of the territory transfer. He again cited
community and business identity with_Clayton; that they have a Clayton address; closer proximity to the
Mt. Diablo schools; many of the residents in the affected area agree with the territory transfer; the low
number of students involved in the transfer would not have a significant impact on any of the affected
districts; their child care is located in Clayton. Mr. Schiff questioned the time frame that it would take for
the County Committee's decision to be enacted should they find in favor of the petition, which would be
the 1998-99 school year. He stated that Mt. Diablo district had informed them that they would not be
allowing interdistrict transfers for the 1997-98 school year due,to class size reduction. He asked the
Committee if something could be worked out since he had started this process over a year ago. Staff
stated that they would research the timelines.
Daniel Smith, Superintendent, Liberty Union High School District, stated that he and Doug Adams,
Superintendent of the Brentwood Union School District, have been working with Mr. Schiff for quite
some time, are aware of the dilemma he has faced, and have been looking for ways to work things out.
County Committee Meeting
July 30, 1997
and, if the petition proposal is to be voted upon, must determine the area of election. The State Board of
Education must notify the County Committee of its decision and the County Committee must then notify
the County Board of Supervisors or the County Superintendent of Schools, as appropriate, pursuant to
Education Code Section 35709 or 35710. Chair Mirabella asked that staff try to verify the State Board of
Education's timeline for reviewing the appeal.
Mrs. Flster also indicated the need for a public hearing on the environmental impact of the Schiff petition
being heard tonight. Thirty days'public notice and a public hearing are required. After a brief discussion,
it was the consensus of the Committee to schedule a County Committee meeting and public hearing on
September 10, 1997, beginning at 6:30 p.m. The County Board meeting scheduled for that evening
would be delayed until 7:15 p.m.
PUBLIC HEARING
Chair Pamela Mirabella opened the public hearing on the petition received from Frederick R. Schiff;
Chief Petitioner, to transfer territory from the Liberty Union High School and Brentwood Union School
District to the Mt. Diablo Unified School District. Chair Mirabella reviewed the petition process and
explained the procedure to be followed during this evening's hearing. She stated that fifteen minutes
would be allotted to the petitioners and to each of the affected school districts if they so desired.
Following these presentations,members of the community and public would be given three minutes each
to speak on the issue. It was requested that, in the interest of time, duplicate arguments and repetition
should be avoided.
Chief Petitioner Frederick R. Schiff and his wife, Paula, cited the following reasons and gave background
information on the area to support the transfer of territory: since they moved in seven years ago, and both
parents work in San Francisco, they have always had the option to send their children to either school
district and, thus, have been able to obtain interdistrict transfers for their children to attend Mt. Diablo
Unified School District schools; due to class size reduction (20:1), the Mt. Diablo district is unable to
allow these transfers now or in the foreseeable future; schools in the Mt. Diablo district are much closer to
this area (ten minutes to the town of Clayton vs. more than twenty minutes to the center of Brentwood);
signatures gathered on the petition were well over the required 25% of the registered voters, indicating
that most of the area residents were in favor of the territory transfer; the potential to build out in the area
is minimum due to the lack of water (wells only), the topography of the area, and the Williamson Act
which dictates the sizes of building lots. Mr. and Mrs. Schiff also stated that, due to the proximity to
Clayton, they and their children identify with the community of Clayton, participating in afterschool
activities,etc. The petitioner strongly urged approval of the transfer of territory.
Doug Adams,Superintendent, Brentwood Union School District, stated that Dan Smith, Superintendent,
Liberty Union High School District, would be in attendance and would speak when the public hearing
reconvenes at the Liberty Union High School District later in the evening. He said that this petition is
different from the most recent petition his district had voted against in that it was filed by a resident; that
geographically, the area presents transportation problems for the residents and for his district since it is a
great distance from Brentwood schools; that the financial impact (loss) of assessed valuation will not
greatly affect future bonds; that ethnicity is not a factor. He strongly advised that in no way did the
Brentwood Union School District's approval of this petition set a precedent in the area. Possible future
development of the Deer Valley area close to this vicinity would be a totally different matter. Mr. Adams
added the caveat that he did not know what would happen or how many Brentwood residents would be
present to give testimony against the territory transfer at the Liberty school district office later in the
County Committee Meeting
July 30, 1997
He said his.district is not opposed to formal property change as long as the property stays within the
boundaries shown in the petition. The district views this petition much differently than other recent
petitions because this request is by a resident of the area. Mr. Smith stated that the potential impact on
the district because of loss of assessed valuation would not be significant. He said that significant
development of the area in question was not looked upon as viable, but that the change in territory must
stay within the area outlined in the petition.
Chair Pamela Mirabella closed the public hearing.
ADJOURNMENT
There being no further business,the meeting was adjourned at 8:45 p.m.
Joseph A.Ovick,Ed.D.,Ex Officio Secretary
County Board of Education
Report of the Contra Costa County Committee on School District Organization
Concerning Petition to Transfer Inhabited Territory from the Brentwood Union School
District and the Liberty Union High School District to the
Mt. Diablo Unified School District.
Pursuant to California Education Code Section 35705.5 and 35707, the County Committee
hereby provides the following description of the petition:
1. RIGHTS OF EMPLOYEES
The area proposed for transfer is inhabited. No school facilities are located in the area
pro0ed for transfer. The rights of employees in the affected districts to continued
employment are not impacted by the proposed territory transfer.
2. REVENUE LIMIT
The revenue limits per unit of average daily attendance for 1996-1997 for the involved
districts are as follows:
Mt. Diablo Unified School District - $3,761.64
Brentwood Union School District - $3,567.49
Liberty Union High School District - $4,344.71
Approval of the petition to transfer inhabited land will not affect the base revenue of any
district. School enrollment does affect the revenue of the district.
3. DISTRICTS GOVERNED BY A CITY CHARTER
The Mt. Diablo Unified School District, Brentwood Union School District and Liberty
Union High School District Governing Boards are not governed by a City Charter.
4. NUMBER OF GOVERNING BOARD MEMBERS
The Mt. Diablo Unified School District, Brentwood Union School District, and the
Liberty Union High School District Governing Boards are each composed of five
members. The petition will not affect the number of Governing Board members of any of
the districts.
5. DESCRIPTION OF TERRITORY IN WHICH ELECTION WILL BE HELD.
The County Committee will specify the territory in which any election would be held after
receiving input from the public hearings.
6. CREATION OF NEW DISTRICTS
The petition will not create a new district.
W/sdocrit.doc
C, IaZ-
7. TRUSTEE AREA FOR GOVERNING BOARD MEMBERS
As neither Mt. Diablo Unified School District, Brentwood Union School District, nor
Liberty Union High School District Governing Boards are elected by trustee area, this
petition will not affect any trustee areas.
8. DIVISION OF PROPERTY OBLIGATIONS AND BONDED INDEBTEDNESS
No school district property will be exchanged. The territory proposed for transfer will
drop liability for bonded indebtedness in its former district and assume its proportionate
share of bonded indebtedness of the receiving district. There is an outstanding bonded
indebtedness of$74,375,000 for the Mt. Diablo Unified School District. There is an
outstanding bonded indebtedness of$9,469,700 for the Brentwood Union School District
and an outstanding bonded indebtedness of$34,775,000 for the Liberty Union High
School District. There will be no division of property as a result of this proposal.
9. GOVERNING BOARD ELECTION
An election is not proposed in this petition.
W/sdocrit.doc
Description for Territory Transfer
from Liberty Union High School District and Brentwood Unified School District
to Mt. Diablo Unified School District
The East%s Section 35 and all of Section 36,Township 1 North, Range 1 East,Mount Diablo Base
Meridian.
The west line of said territory is on the east boundary line of Mt. Diablo Unified School District.
Containing approximately 917 acres more or less.
10/20/97
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