BOARD MEMBERS PRESENT:

Bonnie Castrey

Susan Henry

Brian Garland

Matthew Harper

Michael Simons

BOARD MEMBERS ABSENT:

None

ADMINISTRATIVE PERSONNEL PRESENT:

Van Riley, Superintendent

Stephen Ritter, Asst. Superintendent, Business Services

Carol Osbrink, Asst. Superintendent, Educational Services

Kathy Miller, Asst. Superintendent, Personnel/Emp Relations

Carole Thomas, Executive Assistant

PLACE AND DATE OF MEETING:

District Education Center

June 14, 2005

CALL TO ORDER:

The meeting was called to order at 6:45 p.m. by the Board President, Ms Castrey.

CLOSED SESSION:  (I)

The Board recessed to closed session at 6:46 p.m. to discuss the following issues:

1.      Negotiations Update – Conference with Labor Negotiators concerning DEA, CSEA and HBPSA contracts – Government Code section 54957.6.  Present was Agency Negotiator Kathy Miller.  Also present was Van Riley

2.      Conference with Real Property Negotiators pursuant to Government Code Section 54956.8.  Property: 5832 Bolsa Avenue, Huntington Beach, California.  Agency Negotiator:  Van W. Riley, Superintendent.  Negotiating Parties:  Huntington Beach Union High School District and Property Owner.  Negotiation:  Price and/or Payment Terms

RECEPTION – RECOGNITION OF RETIREES:  (III-A)

A reception took place at 7:00 p.m. to honor retiring employees.

CALL BACK TO ORDER:

The meeting was called back to order at 7:01 p.m.  Ms Castrey announced that the Board had received a negotiations update and a real property update, but there was nothing to report.

PLEDGE OF ALLEGIANCE: (II)

The Pledge of Allegiance was given.  Ms Castrey offered the thanks of the Board to all retirees.

APPROVAL OF MINUTES:  (III-A)

It was moved by Mr. Garland, seconded by Mrs. Henry, to approve the minutes of the regular meeting held May 10, 2005 and the special meeting held May 31, 2005.

                                                            Motion unanimously carried.

BOARD COMMITTEE REPORTS AND ACTIVITIES:  (III-B)

Board members representing the district on various committees presented reports and discussed activities.

SUPERINTENDENT’S REPORT:  (III-C)

Dr. Riley presented a report highlighting attempts to secure property for the Adult School, and problems associated with portable classrooms at Ocean View High School.  Dr. Riley read a letter of appreciation he had sent to Ocean View High School teacher Larry Bass who saved the life of a student with the Heimlich maneuver.

Annual Report of the Citizens Oversight Committee for Measure C:  (III-D)

The Annual Report which is a requirement of Education Code section 15280 was presented by Committee Chair, Charlie Bunten, of the Citizens Oversight Committee.  Mr. Bunten reminded Board members that the next two meetings would be held on August 3 and November 2, 2005.

PUBLIC COMMUNICATION TO THE BOARD:  (III-E)

Bill Spoja, Farouk Shamoo, Deborah Edwards, Jerry Van Otterloo, Laurel Sobie, parents, and Robin Orr, spoke concerning Robin Orr.

Diana Carey, Chairperson of the Westminster Ad Hoc Committee against the I-405 expansion, asked for support of a resolution against the expansion.

CONSENT CALENDAR: (IV)

It was moved by Mrs. Henry, seconded by Dr. Simons, to approve the Consent Calendar as presented, with the exception of items

IV-O, Award of Bids;  IV-Q, Rejection of Bids; and IV-FF – Resolution – 2005-06 Tax and Revenue Anticipation Notes – which was pulled by Mr. Harper, all for separate consideration.  The addendum was to be voted on separately at the request of Dr. Simons.

                                             Motion unanimously carried.

PURCHASE ORDERS: (IV-A)

Purchase orders in the amount of $1,472,766.23 were approved as presented.

PERSONNEL REPORT:  (IV-B)

Approval was granted for the Certificated and Classified Personnel Report No. 12 as presented.

PROFESSIONAL AND OFFICIAL BUSINESS ACTIVITIES:

(IV-C)

Approval was granted for the Professional and Official Business Activities as presented.

FIELD TRIPS:

(IV-D)

Approval was granted for the Field Trips as presented.

CONTRACTS AND CONSULTING AGREEMENTS:

(IV-E)

The Governing Board determined 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.

STUDENT TEACHING AGREEMENT:

      (IV-F)

Approval was granted for a student teaching agreement between the high school district and California State University, Fullerton, from July 1, 2005 to June 30, 2009.  The agreement is similar to those previously approved for the training of student teachers of various institutions.

MUTUAL RELEASE AND SETTLEMENT AGREEMENT – SPECIAL EDUCATION STUDENT:  (IV-G)

Approval was granted for the Mutual Release and Settlement Agreement in the matter of special education student number 311944, including reimbursement to the parent in an amount not to exceed $48,000 for educational services for the said student through January 3, 2006.

STUDENT FIELD PLACEMENT AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, LONG BEACH:

(IV-H)

Approval was granted for the Student Field Placement Agreement with California State University, Long Beach.  This agreement will allow university students to be placed with district Master Clinicians to receive fieldwork experience in the area of Communicative Disorders and Audiology.  The agreement shall be operative from the date of execution until cancelled by either party upon 30 days written notice.  The specific protocols outlined in the agreement will be followed by both parties.  There is no cost to the district. 

COASTLINE REGIONAL OCCUPATIONAL PROGRAM - REVISION OF THE JOINT POWERS AGREEMENT: 

(IV-I)

Approval was granted for the revision of the Coastline ROP Joint Powers Agreement to reflect the current laws and practices in the areas of budget and appropriations.  A copy of the ROP budget shall be transmitted to each participating school district prior to June 30, 2005.  The district’s share of the appropriations will be based on the Regional Occupational Program’s ADA projection.

NEW BASIC TEXTBOOK ADOPTION EIGHTH LIST:  (IV-J)

Approval was granted to adopt the new basic textbooks (eighth list) for the 2004-05 school year.  The thirty-day review period has been completed according to district policy.

NEW BASIC TEXTBOOK ADOPTION – FIRST LIST:  (IV-K)

Approval was granted to commence the adoption of the new basic textbooks (first list) for the 2005-06 school year according to district policy.

GRANT APPLICATION – CALIFORNIA PARTNERSHIP ACADEMIES (HBHS, OVHS, & WHS):  (IV-L)

Approval was granted to submit applications to the California Department of Education for continued funding for the California Partnership Academies for the 2005-06 school year.  Funding is in the amount of $81,000 each for the Entertainment and Tourism Academy at Huntington Beach High School, the Business Academy at Ocean View High School, and the Health Science Careers Academy at Westminster High School.  Matching funds are required and will be provided through in-kind support.  Authorization to expend funds upon receipt was granted.

GRANT APPLICATION – AGRICULTURAL VOCATIONAL EDUCATION INCENTIVE GRANT – WHS:  (IV-M)

Approval was granted to submit the 2005-06 Agricultural Vocational Education Incentive Grant application to the California Department of Education.  Estimated funding in the amount of $7,510 will be used to continue the agricultural education program at Westminster High School.  No matching funds are required.  Authorization to expend funds upon receipt was granted.

APPROVAL OF PRE-QUALIFIED BIDDERS – LIST 2:

(IV-N)

Approval was granted for List No. 2 of pre-qualified bidders for upcoming school repair and rehabilitation projects. 

CONTRACT CHANGE NOTICE:

(IV-P)

Approval was granted for the change notice to the contract as presented which was previously awarded.

PURCHASE OF COMPUTER EQUIPMENT USING A CONTRACT OF THE STATE OF CALIFORNIA:

(IV-R)

Approval was granted for the purchase of computer equipment and peripherals through Coastline Micro, Inc. using a contract of the State of California.

PURCHASE OF COMPUTER EQUIPMENT USING A CONTRACT OF THE STATE OF CALIFORNIA:

(IV-S)

Approval was granted for the purchase of computer equipment and peripherals through SBC using a contract of the State of California.

PURCHASE OF MODULAR BUILDINGS USING A CONTRACT OF COACHELLA VALLEY UNIFIED SCHOOL DISTRICT:  (IV-T)

Approval was granted to allow the purchase of modular buildings through Modtech using a piggyback contract of Coachella Valley Unified School District.

PURCHASE OF MODULAR BUILDINGS USING A CONTRACT OF COLUMBINE ELEMENTARY SCHOOL DISTRICT:  (IV-U)

Approval was granted to allow the purchase of modular buildings through Williams Scotsman using a piggyback contract of Columbine Elementary School District.

AGREEMENT – WORKERS’ COMPENSATION ACTUARIAL REPORT:  (IV-V)

Approval was granted to enter into an agreement with Bay Actuarial Consultants to conduct an actuarial study of the District’s Workers’ Compensation self-insurance program for a cost not to exceed $4,700.

AGREEMENTS TO CONTRACT FOR PROPOSITION 39 AUDITS:  (IV-W)

Approval was granted for agreements with the CPA firm of Vavrinek, Trine, Day & Co., LLP, to conduct the annual financial and performance audits for the District’s Measure C general obligation bonds (Prop 39) for fiscal year 2004-05.

ENGINEERING REVIEW AGREEMENT FOR MARINA AND FOUNTAIN VALLEY HIGH SCHOOLS:  (IV-X)

Approval was granted for the Professional Services Agreement with Chevron Texaco Solutions Company to perform a mechanical and electrical engineering review study for Marina and Fountain Valley high schools.

APRIL 2005 DISBURSEMENTS:

(IV-Y)

A recap of the payments processed during the month of April 2005 was presented.

ENROLLMENT & ADA:  (IV-Z)

A report on enrollment and ADA for the period March 28 through April 22, 2005 was presented.

DESIGNATION OF CIF LEAGUE  REPRESENTATIVES FOR 2005-06:

(IV-AA)

Approval was granted to designate the principals of the six comprehensive high schools to serve as their respective school’s California Interscholastic Federation (CIF) league representatives for the 2005-06 school year.  The designation is required by Education Code section 33353(a) 1.

TRANSFER FUNDS FROM COPS – EXCHANGE/ PURCHASE 5832 BOLSA AVENUE:  (IV-BB)

Approval was granted to transfer $6 million of the proceeds from Certificates of Participation (COPs) from Fund 35 – State School Building Fund to Fund 40 – Special Reserve for Capital Outlay Projects for the exchange/purchase of 5832 Bolsa Avenue, Huntington Beach.  The Special Reserve Fund for Capital Outlay Projects exists primarily to provide for the accumulation of moneys for capital outlay purposes (Education Code Section 42840).

RESOLUTION - AUTHORIZATION TO OPEN CHECKING ACCOUNT WITH BANK OF AMERICA FOR DISTRICT CAFETERIA ACCOUNT: 

(IV-CC)

Approval was granted to open a checking account for the district Cafeteria Account with Bank of America, Fountain Valley Branch.  It is further recommended that the Clerk of the Board be authorized to sign the resolution (master agreement) for this account.  This account is being established specifically for the deposit of checks, alleviating charges for check deposit activity in the accounts held at the Main and Ellis Branch.

RESOLUTION

 NO. 50:

AYES:             HARPER, HENRY, GARLAND, SIMONS, CASTREY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION - TRANSFER OF FUNDS - VARIOUS FUNDS:  (IV-DD)

Approval was granted to adopt a resolution which authorizes the transfers made within the approved budgets of various funds for 2004-05.

RESOLUTION

 NO. 51:

AYES:             HARPER, HENRY, GARLAND, SIMONS, CASTREY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – ADDTNL INCOME AND EXPENDITURES - GENERAL FUND:

(IV-EE)

District has been notified of increases and decreases in funding for various categorical projects and other funding sources.  Approval was granted to adopt a resolution increasing income and expenditures by the net amount of $263,926 within the General Fund for the fiscal year 2004-05.

RESOLUTION

 NO. 52:

AYES:             HARPER, HENRY, GARLAND, SIMONS, CASTREY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – CLASSIFIED PERSONNEL REDUCTION:

(IV-GG)

Approval was granted to adopt a resolution for the reduction of specific classified services as presented.

RESOLUTION

 NO. 54:

AYES:             HARPER, HENRY, GARLAND, SIMONS, CASTREY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

ADDENDUM TO ITEM IV-B – PERSONNEL REPORT: 

It was moved by Mrs. Henry, seconded by Mr. Harper, to approve the addendum to item IV-B as presented.

                                                Motion carried 4-0.

                                                Dr. Simons abstained.

AWARD OF BIDS:

(IV-O)

Azzam Saad and Steven Chandler, protested this bid.  Staff provided background information to the Board.  It was moved by Dr. Simons, seconded by Mr. Harper, 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.

                                                Motion unanimously carried.

REJECTION OF BIDS:  (IV-Q)

It was moved by Mrs. Henry, seconded by Mr. Harper, to reject Bid No. 932 for Ocean View High School Site Utilities on the basis that all bids were over the allowable budget for the project.

                                                Motion unanimously carried.

RESOLUTION – 2005-06 TAX AND REVENUE ANTICIPATION NOTES:  (IV-FF)

It was moved by Dr. Simons, seconded by Mrs. Henry, to adopt the resolution authorizing the borrowing of funds for fiscal year 2005-06 and the issuance and sale of a 2005-06 Tax and Revenue Anticipation Note in an amount not to exceed $10 million and participation in the South Coast Local Education Agencies pooled Tax and Revenue Anticipation Note program and requesting the Board of Supervisors of the County to issue and sell said note.  The resolution, trust agreement, purchase agreement and preliminary official statement are on file in the Business Division.

RESOLUTION

 NO. 53:

AYES:             HENRY, GARLAND, SIMONS, CASTREY

NOES:             HARPER

ABSENT:        NONE

                                                Resolution carried 4-1.

                                                Mr. Harper voted no.

LOST DAY RESTORATION:  (V-A)

It was moved by Mr. Garland, seconded by Mrs. Henry, for a one-time off schedule salary payment in 2004-05 for classified and certificated management and that this restoration be ongoing. 

                                                Motion unanimously carried.

SETTLEMENT AGREEMENT – CASMALIA LANDFILL:  (V-B)

It was moved Mrs. Henry, seconded by Dr. Simons, for the settlement as outlined in the “Proposed Administrative Order on Consent De Minimis Contributors” for claims relating to the Casmalia disposal site on the basis of Option A, with the waiver of waste quantity review and financial review and authorized payment.

                                                Motion unanimously carried.

PROPOSAL FOR MARQUEE ADVERTISING AGREEMENT AT HUNTINGTON BEACH HIGH SCHOOL:  (V-C)

This item was pulled pending further investigation on legal issues.

STUDENT EXPULSIONS:  (VI-A)

It was moved by Dr. Simons, seconded by Mr. Harper, that Student No. 334310 be expelled from the Huntington Beach Union High School District for the remainder of the 2004-2005 school year and the entire 2005‑2006 school year for violation of California Education Code 48900(a-1) and (a-2).  It was further moved that during the period of expulsion, that the student attend the District’s Community Day School.  In June 2006, the student may request enrollment in one of the District’s comprehensive high schools.

                                                Motion unanimously carried.

It was moved by Mrs. Henry, seconded by Mr. Harper, that Student No. 325028 be expelled from the Huntington Beach Union High School District for the remainder of the 2004-2005 school year and the entire 2005-2006 school year for violation of California Education Code 48900 (a-1).  It was further moved that during the period of expulsion, he attend an Orange County Department of Education alternative program.  In June 2006, the student will be notified of his right to request a District IEPT meeting to determine appropriate placement in the District for the 2006-07 semester.

                                                Motion unanimously carried.

It was moved by Mr. Garland, seconded by Mr. Harper, that Student No. 326819 be expelled from the Huntington Beach Union High School District for the remainder of the 2004-2005 school year and the entire 2005-2006 school year for violation of California Education Code 48900(b).  It was further moved the expulsion be suspended and that the student be transferred to the District’s Community Day School.  In June 2006, the student may request a transfer to a District comprehensive high school.

                                                Motion unanimously carried.

NEW BUSINESS:

Mr. Harper indicated an interest in attending the CSBA Curriculum Institute in Long Beach, July 9-10, 2005.

Mr. Garland commented on the Robin Orr situation.

Mrs. Henry asked questions about the bid protest.  Staff responded.

Mrs. Henry indicated that CSBA had declined a District Advisory Board.

Dr. Simons asked Dr. Riley about his attempts to pull together the three agencies to acquire the Wardlow School property.  The city’s legal counsel has said they cannot get involved and that if we want the site we will have to do it on our own.

Ms Castrey asked if any Board member wished to go to the curriculum meeting.  Mr. Harper will let staff know.

Mr. Garland stated he had been discussing the defibrillator issue with Dr. Riley.  Dr. Riley stated he would like to research the insurance liability and bring it back to the Board in September.  Mr. Garland indicated it might be possible to get the defibrillators donated.  Ms Castrey stated that while she did not object, she believes the district needs to look into it as part of a total evaluation.

ANY OTHER COMMUNICATION TO THE BOARD:  (VII)

Dana Braun indicated that defibrillator training is part of a program offered by the American Red Cross and that we already have faculty who could provide training.

CLOSED SESSION: (IX)

There was no closed session.

ADJOURNMENT:

The meeting was adjourned at 9:07 p.m.

______________________________

                           Clerk

______________________________

                        Secretary