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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 €' ! IBIT A -o . fic to a w, ax !wE-4' . wpas am r! 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I�Ify 0' . ��d M w •Y - /^''� -�:::::::: �....... .: ...... .:.��.._ „� a a•..� r sswi�ir� air ..,..� R U � a to c ca _0 M aay W X) CV cn• � C\ja Mau a M40 4,, 04ka ~fit it"►i7 .►.tlCwl�Mtr w! cwt .. r • p� Mr Namull n ¢Ati� . � r AWN O d � •, `" g s • e 6.6 ,co s.« .is wxs � to M �1 61 jWcv • crm V , i 's ar 4 M G �pv J L S< q Z F� 4 O C v M ~ bo s� �W O O zv� o � `9 to Z O V is4p0x 1 Z 4 4 `v ccs ipw qT d ®SR .,,� CA 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 o�-b ,4 l 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 ro O Ht �V :r ccX W o fn N - � }.WO 1•� i:i o z UO o M O J toIY W m R a d rn�i. a z 4 f.d '',c„ r oz= _ N N * H W.46 d t M O lox R 0 0mInD •iiiii h"' w w J W �IL04L4i ..... ICN#il 0) i fn .14 a Fm �;{�)� 4 �� ��•.••' � �`ti�p� lit♦ �` ?� � � l ... — t.;.. a J ca Cay 0 dSW OD N cVatl• °-' 0 N tt i {.. M .r . �"a W. IIA w N + R1j W. N to Y � .In ysa Y fit►rs J.tl.Iir�A �'0`� �M E; n!e Ub N • oyo�. a f � •i ..i.as !: w • t tMJMi O ` 1 Q (' O r } t w J � u W Y St t7 Z r V Q a p!r N +1N r V ` C u Q x r, O t a 2 a � cr- N p; Z--- tL' � O a N 1 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 O ) 0 ...rrr111 � N Y cc 0 O W J W F W u !a-V�W t W 1"Z ` O N O O U)0: S a ( � � W m a n'' l J ti MELOx wo FW m O: �� ;... YI m�2. ti N O _�1( Q] as ml IL m=' • W }C� CL 0O:J�JW .. � IOL 0.O 0. 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