Minutes for March 13, 2001

BOARD MEMBERS PRESENT:	Bonnie Castrey Sallie Dashiell Matthew Harper Susan Henry Michael Simons
BOARD MEMBERS ABSENT:	None
ADMINISTRATIVE PERSONNEL PRESENT:	Susan Roper, Superintendent Jack Elsner Asst. Supt., Personnel/Emp Relations Patricia Koch, Asst. Supt, Business Services John Myers, Asst. Supt., Educational Services Carole Thomas, Executive Assistant
ADMINISTRATIVE PERSONNEL ABSENT:	None
PLACE AND DATE OF MEETING:	District Education Center Tuesday, March 13, 2001
CALL TO ORDER:	The meeting was called to order at 6:36 p.m. by the President, Dr. Simons.
CLOSED SESSION: (I)	1. Public Employee Discipline/Dismissal/Release – Government Code section 54957 and Education Code section 44943 2. Negotiations – Conference with Labor Negotiators concerning DEA and CSEA contracts – Government Code section 54957.6. Present were Agency Negotiators Jack Elsner and Patricia Koch. John Myers and Susan Roper also attended.
RECONVENED:	The meeting was reconvened at 7:45 p.m. Dr. Simons announced that in Closed Session the Board had considered Public Employee Discipline/Dismissal/Release and upheld the staff recommendation regarding dismissal of a certificated employee on a 5-0 vote.
PLEDGE OF ALLEGIANCE: (II)	The Pledge of Allegiance was led by Jack Elsner.
APPROVAL OF MINUTES: (III-A)	It was moved by Ms Castrey, seconded by Mrs. Henry, to approve the minutes of the regular Board meeting held February 13, 2001 and the study session Board meeting held February 27, 2001. Motion unanimously carried.
MOTION TO CHANGE ORDER OF AGENDA:	It was moved by Mr. Harper, seconded by Ms Castrey, to bring forward agenda item VII-A, Complaint Against Board Member, to follow item III-C. Motion unanimously carried.
BOARD COMMITTEE REPORTS AND ACTIVITIES: (III-B)	Board members representing the district on various committees presented reports and discussed activities. Dr. Simons clarified a statement made by Ron Shenkman on behalf of the Educational Enrichment Foundation at the February 13, 2001 Board meeting. Dr. Simons emphasized that the Foundation will continue raising funds for all schools in the district, not only one project.
STUDENT BOARD REPRESENTATIVE REPORT: (III-C)	Annie Yea, Student Representative to the Board, presented a report.
COMPLAINT AGAINST BOARD MEMBER: (VII-A)	Mr. David Larsen, legal counsel for the school district, stated that the district had previously received on the Board’s behalf a letter of complaint against Sallie Dashiell from the Board of Trustees of the Fountain Valley School District, indicating that Ms Dashiell was acting as a parent advocate in a special education matter. At its January 16, 2001 meeting, the Board had asked Mr. Larsen to investigate this matter and report back to the Board. This investigation was done by Mr. John Ramirez of Rutan and Tucker, Attorneys. Based on Mr. Ramirez’ investigation, Mr. Larsen indicated that it was his recommendation that the Board seek legal written advice from the Fair Political Practices Commission concerning the potential conflict of interest issues raised by Ms Dashiell’s participation in individualized educational plan meetings. Board members asked questions and Mr. Larsen responded. It was moved by Mr. Harper, seconded by Ms Castrey, that Mr. Larsen contact the Fair Political Practices Commission to obtain an opinion in this case. Motion unanimously carried.
PUBLIC HEARING – HBPSA INITIAL CONTRACT PROPOSAL: (III-D)	A public hearing was held to accept any input which may be considered by the Board. In compliance with collective bargaining regulations, the initial contract proposal from the Huntington Beach Pupil Services Association to the district has been available for public review at the District Education Center since the posting of the Board of Trustees meeting agenda on Friday, March 9, 2001. Dr. Simons gaveled the hearing open. There being no public input, the hearing was declared closed.
PUBLIC COMMUNICTION TO THE BOARD: (III-E)	Mr. Steven Wyner, Sallie Dashiell’s attorney, and Mr. Jim Peters, parent, addressed the Board on item VII-A, Complaint Against Board Member. Kathy Iverson, teacher, spoke and clarified a budget issue.
STAFF PRESENTATION – HUNTINGTON BEACH ADULT SCHOOL: (III-F)	Dr. Doris Longmead and staff gave a presentation and showed a video highlighting the accomplishments of the Huntington Beach Adult School on the occasion of its thirtieth anniversary. The following people spoke in support of the program: Bonnie Tayson, Don Dill, Denise McKenzie, Angela Maria Duran, Jorge Pina, Hau Ho, Mark Griswold, Francesca Carfi and Delores Smith.
CONSENT CALENDAR: (IV)	It was moved by Ms Castrey, seconded by Mrs. Henry, to approve the Consent Calendar with the exception of the following items: Ms Dashiell pulled item IV-F, Non-Public School/Addendum – WOCCSE, for Buena Park Speech and Language Development Center. Mr. Harper pulled item No. R-9008 from the Professional and Official Business Activities, page IV-C (4), CLAD 3 Culture and Culture Diversity. Motion unanimously carried.
PURCHASE ORDERS: (IV-A)	Purchase orders in the amount of $9,041,828.90 were approved as presented.
PERSONNEL REPORT: (IV-B)	Approval was granted for the Classified and Certificated Personnel Report No. 10 as presented.
PROFESSIONAL AND OFFICIAL BUSINESS ACTIVITIES: (IV-C)	Approval was granted for the professional and official business activities as presented, with the exception of R-9008, page IV-C (4), CLAD 3 Culture and Culture Diversity, which was pulled by Mr. Harper for separate consideration.
FIELD TRIPS: (IV-D)	Approval was granted for field trips as presented.
CONTRACTS AND CONSULTING AGREEMENTS: (IV-E)	The Governing Board determines that the listed individuals or contractors are specially trained, experienced, and competent to provide services and advice in the noted areas. Such services are not available free of charge from public agencies, and such services and advice are needed on a limited or occasional basis. Approval was granted for the consultants and/or contractors as presented.
AGREEMENT FOR USE OF FACILITIES – CITY OF FOUNTAIN VALLEY: (IV-G)	Approval was granted for the Agreement for Use of Facilities with the City of Fountain Valley for the purpose of conducting Adult School classes at the Fountain Valley Community Center for the period July 1, 2000 through June 30, 2001. There is no cost to the district.
GRANT APPLICATION – COMMUNITY-BASED ENGLISH TUTORING (CBET) PROGRAM – ADULT SCHOOL: (IV-H)	Approval was granted for the Adult School to submit a request to the California Department of Education (CDE) for renewal of the Community-Based English Tutoring (CBET) Program for the 2001-2002 school year. The amount of the grant funding will be determined by the CDE based on the district’s most recent R-30 Language Census Report. Matching funds are not required. Authorization to expend funds upon receipt was granted.
NEW BASIC TEXTBOOK ADOPTION – FIFTH LIST: (IV-I)	Approval was granted to adopt the new basic textbooks (fifth list) for the 2000-2001 school year. The thirty-day review period has been completed according to district policy.
NEW BASIC TEXTBOOK ADOPTION – SEVENTH LIST: (IV-J)	Approval was granted to commence the adoption of the new basic textbooks (seventh list) for the 2000-2001 school year according to district policy.
Y’DEEN/ ASSOCIATES, ARCHITECTS – CONSULTING AGREEMENT: (IV-K)	Approval was granted for the agreement with Y’Deen/Associates, Architects, for architectural-engineering services for development of Oil Island “H.” The estimated cost of the design development phase of the project is $17,000 which will be paid from the Capital Facilities Fund.
AWARD OF BIDS: (IV-L)	Approval was granted to award bids to the successful bidders as presented. It was further moved that all other bids be rejected as being higher in cost or not meeting specifications. All bid results are available for review in the Purchasing Department.
APPROVAL OF ADDITIONAL PRE-QUALIFIED BIDDERS: (IV-M)	Approval was granted for additions to the current list of pre-qualified bidders for the upcoming school repair and rehabilitation projects that will remain valid for up to twelve months from the approval date.
SCHOOLS EXCESS LIABILITY FUND (SELF) JPA AGREEMENT AMENDMENT: (IV-N)	Approval was granted for the amendments to the Schools Excess Liability Fund (SELF) JPA Agreement.
RESOLUTION NO. 27:	AYES: HARPER, HENRY, DASHIELL, CASTREY, SIMONS NOES: NONE ABSENT: NONE Resolution unanimously adopted.
APPROVAL OF LEASE FOR ANTENNA REPEATER SITE: (IV-O)	Approval was granted for a lease with Pinnacle Towers Inc. for use of the antenna repeater station on Santiago Peak.
AGREEMENT – TRUST SERVICES OF AMERICA: (IV-P)	Approval was granted for an agreement with Trust Services of America for a review of the District’s 403(b) and 457(b) retirement plans to ensure compliance with Internal Revenue Service rules and regulations at an annual cost of $3.00 per participant. For the first year only, there will be a one-time startup cost of $2,500 in addition to the participant fee.
SPENDING PLANS FOR SITE BLOCK GRANT: (IV-Q)	Approval was granted for spending plans for the 2000-2001 site block grant for Westminster High School.
ENROLLMENT & ADA: (IV-R)	A report on enrollment and ADA for the period January 1 through January 26, 2001 was presented.
AGREEMENT – CAL-CARD PROGRAM: (IV-S)	Approval was granted to authorize the Assistant Superintendent, Business Services to sign the addendum to the State Master Services Agreement for participation in the CAL-Card purchasing card program.
INSURANCE AND WORKERS’ COMPENSATION CLAIM: (IV-T)	Approval was granted to ratify work injury claim No. 0030-99-00028 for $46,500. Claim information is available in the Business Division.
NOTICE OF COMPLETION: (IV-U)	Approval was granted for Change Order No. 1 in the amount of $825 to replace a clay pipe. It was also moved to file a Notice of Completion on Contract 8120 for the Reroofing of Building I at Huntington Beach High School by Letner Roofing, and to pay the 10 percent retention after filing.
LEASE AGREEMENT – FOUNTAIN VALLEY SCHOOL DISTRICT: (IV-V)	Approval was granted for the lease agreement with the Fountain Valley School District for the use of Fountain Valley Elementary School as interim housing for Fountain Valley High School during demolition and reconstruction of its 300 Building classroom facilities. The estimated cost for one year is $165,000 to be paid from the County School Facilities Fund (modernization).
CONTRACT AMENDMENT FOR REDEVELOPMENT CONSULTING SERVICES: IV-W)	Approval was granted for an Addendum to the Agreement with Public Economics, Inc. to provide consulting services on the Westminster Infrastructure Revitalization Project. The increase is $2,100 plus $210 for expenses.
FEBRUARY 2001 DISBURSEMENTS: (IV-X)	A recap of payments processed during the month of February 2001 was presented.
RESOLUTION – CALIFORNIA AIR RESOURCES BOARD – BUS REPLACEMENT: (IV-Y)	Approval was granted to adopt a resolution authorizing participation in the South Coast Air Quality Management District Bus Replacement Program.
RESOLUTION NO. 28:	AYES: HARPER, HENRY, DASHIELL, CASTREY, SIMONS NOES: NONE ABSENT: NONE Resolution unanimously adopted.
RESOLUTION – REVIEW OF DISTRICT’S VOLUNTARY SALARY REDUCTION PLANS: (IV-Z)	Approval was granted for the resolution to authorize the review of voluntary salary reduction plans available to District employees.
RESOLUTION NO. 29:	AYES: HARPER, HENRY, DASHIELL, CASTREY, SIMONS NOES: NONE ABSENT: NONE Resolution unanimously adopted.
RESOLUTION – TRANSFER OF FUNDS – VARIOUS FUNDS: (IV-AA)	Approval was granted to adopt a resolution which authorizes the transfers made within the approved budgets of the General Fund and the Adult Education Fund for 2000-2001.
RESOLUTION NO. 30:	AYES: HARPER, HENRY, DASHIELL, CASTREY, SIMONS NOES: NONE ABSENT: NONE Resolution unanimously adopted.
RESOLUTION – ADDTNL INCOME AND EXPENDITURES – VARIOUS CATEGORICAL PROJECTS – ADULT EDUCATION FUND: (IV-BB)	The district has been notified of increases in funding for various Adult Education categorical projects. Approval was granted to adopt a resolution increasing income and expenditures by the amount of $329,641 within the Adult Education Fund for the fiscal year 2000-2001.
RESOLUTION NO. 31:	AYES: HARPER, HENRY, DASHIELL, CASTREY, SIMONS NOES: NONE ABSENT: NONE Resolution unanimously adopted.
RESOLUTION – ADDTNL INCOME AND EXPENDITURES – VARIOUS CATEGORICAL PROJECTS: (IV-CC)	The district has been notified of increases and decreases in funding for various categorical projects. Approval was granted to adopt a resolution increasing income and expenditures by the net amount of $959,398 within the General Fund for the fiscal year 2000-01.
RESOLUTION NO. 32:	AYES: HARPER, HENRY, DASHIELL, CASTREY, SIMONS NOES: NONE ABSENT: NONE Resolution unanimously adopted.
PROFESSIONAL AND OFFICIAL BUSINESS ACTIVITIES: (IV-C – ITEM R-9008)	It was moved by Ms Castrey, seconded by Mrs. Henry, to approve item IV-C, Professional and Official Business Activities, page IV-C (4), CLAD 3 Culture and Culture Diversity, which was pulled by Mr. Harper. Motion carried 4-1. Mr. Harper voted no.
NON-PUBLIC SCHOOL/ ADDENDUM – WOCCSE: (IV-F)	It was moved by Ms Castrey, seconded by Mrs. Henry, to approve the non-public school addendum as presented, and the West Orange County Consortium for Special Education was authorized to receive invoices and process payment. Motion carried 4-0. Ms Dashiell abstained.
RESOLUTION – HUNTINGTON BEACH ADULT SCHOOL: (V-A)	It was moved by Ms Castrey, seconded by Mr. Harper, to adopt a resolution to honor the Huntington Beach Adult School on the occasion of its thirtieth anniversary and applaud its students, teachers, staff and administrators for the outstanding success of its educational programs and services.
RESOLUTION NO. 33:	AYES: HARPER, HENRY, DASHIELL, CASTREY, SIMONS NOES: NONE ABSENT: NONE Resolution unanimously adopted.
INTERIM FINANCIAL STATEMENT AND CERTIFICATION OF FINANCIAL STATUS: (VI-A)	The second interim financial statement for the fiscal year 2000-2001 was presented. It was moved by Ms Castrey, seconded by Mrs. Henry, that the Board President certify that the district will meet its financial obligations for the current fiscal year and subsequent two fiscal years. Motion unanimously carried.
BOARD POLICY REVISIONS: (VIII-A)	It was moved by Ms Castrey, seconded by Ms Dashiell, to approve the following Board policy for second reading and adoption in the continued revision of existing policies and administrative regulations: BP 5131.7 Students Weapons and Dangerous Motion unanimously carried.
BOARD POLICY REVISIONS: (VIII-B)	It was moved by Mr. Harper, seconded by Ms Castrey, to approve the following Board policy for second reading and adoption in the continued revision of existing policies and administrative regulations: BP 6146.1 Instruction High School Graduation Requirements Motion unanimously carried.
CERTIFICATION OF BOARD MEMBER RESIDENCY: (VIII-C)	It was moved by Ms Castrey, seconded by Mrs. Henry, to approve the following Board Bylaw for second reading and adoption in the continued revision of existing policies and administrative regulations: Board Bylaw 9101 Bylaws of the Board Certification of Board Member Residence Motion carried 3-2. Mr. Harper and Ms Dashiell voted no.
CSBA PROFESSIONAL GOVERNANCE STANDARDS: (VIII-D)	It was moved by Ms Castrey, seconded by Ms Dashiell, to approve the following Board Bylaw for second reading and adoption in the continued revision of existing policies and administrative regulations: Board Bylaw 9300 Bylaws of the Board CSBA Professional Governance Standards Motion unanimously carried.
NEW BUSINESS: (IX)	Mr. Harper thanked staff for providing the report on Open Enrollment to Board members. Ms Castrey indicated that she would like to attend the Legislative Network Conference if she is re-elected to the CSBA Delegate Assembly. Mrs. Dashiell reminded everyone of the UCI Great American Write-In on April 21. Board members were asked if they planned on attending the OCSBA Dinner Meeting on March 21. Mrs. Henry and Dr. Simons indicated they would be attending together with Dr. Roper. Board members are still working on their biographical sketches for the district web site.
PUBLIC COMMUNICATION TO THE BOARD: (X)	None.
ADJOURNMENT:	The meeting was adjourned at 9:02 p.m.