BOARD MEMBERS PRESENT:

Bonnie Castrey

Susan Henry

Matthew Harper

Brian Garland

Michael Simons

BOARD MEMBERS ABSENT:

None

ADMINISTRATIVE PERSONNEL PRESENT:

Van Riley, Superintendent

Carol Osbrink, Asst. Superintendent, Educational Services

Debbie Coleman, Asst. Superintendent, Human Resources

Carole Thomas, Executive Assistant

ADMINISTRATIVE PERSONNEL ABSENT:

None

PLACE AND DATE OF MEETING:

District Office

September 15, 2009

CALL TO ORDER:

The meeting was called to order at 6:50 p.m. by the Board President, Ms Castrey who announced that there was a need to add an emergency closed session item which required the Superintendent to simply inform the Board of an urgent personnel matter.

It was moved by Dr. Simons, seconded by Mr. Harper, to add the item dealing with an urgent personnel matter to the closed session agenda.

                       Motion unanimously carried by those members present.

                             Mr. Garland was absent at this point in the meeting.  

MR. GARLAND ENTERED:

Mr. Garland entered the meeting at 6:52 p.m.

CLOSED SESSION:  (I-A)

The Board recessed to Closed Session at 6:52 p.m. to consider a Parent Appeal – Education Code section 35146 and 48260; Public Employee Annual Performance Evaluation: Superintendent - Government Code section 54957; and an emergency personnel matter.

CALL BACK TO ORDER:

The meeting was called back to order at 7:43 p.m.  Ms Castrey announced that the Board denied a parent appeal 5-0.  There was nothing to report on the other issues.

PLEDGE OF ALLEGIANCE:  (II)

The Pledge of Allegiance was given.

APPROVAL OF MINUTES:  (III-A)

It was moved by Dr. Simons, seconded by Mrs. Henry, to approve the minutes of the regular Board Meeting held August 18, 2009.

                                    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 stated that the opening of school was the smoothest in many years and that enrollment is up district-wide by 120 students even though the district was projected to be in a decline.  He also reported on the death of a Garden Grove football player which occurred during a game at Westminster High School and the heartfelt response of the Westminster students and staff who attended a memorial service over the weekend.

STUDENT BOARD REPRESENTATIVE REPORTS:  (III-D)

Benjamin Simons, newly appointed Student Representative to the Board from Huntington Beach High School, was introduced by Dr. Carol Osbrink.  Student representatives from each school site as follows were also introduced and presented reports on their campus activities:

Westminster High School – Nina Long

Marina High School – Chelsea Whipple – absent

Fountain Valley High School – Mukta Mohan

Edison High School – Mollie Duner absent but represented by Rachael Adair.

Ocean View High School – Chelsea Ostovarpour

Coast High School – Allyssa Talbott

Valley Vista High School – Laura Branson

STAFF PRESENTATION – COMMUNITY DAY SCHOOL:  (III-E)

Dr. Connie Mayhugh, Director of Curriculum, Instruction and Categorical Programs; School Psychologist Dennis Herzog; staff; students and parents shared information about the Community Day School and the positive and productive environment created for “high risk” youth.

STAFF PRESENTATION – BUDGET UPDATE:  (III-F)

Ms Jeanette Ullrich, Chief Business Official, gave an update on the status of the district's financial condition since closing the books for the 2008-09 fiscal year.  Ms. Ullrich indicated that although the Unaudited Actual Report showed the district's General Fund as having an additional $14.4 million in its ending balance compared to the Estimated Actual Report presented at the time the district adopted their 2009-10 budget in June, the district does not get to keep all of these funds.  Ms. Ullrich explained that the gain of $3.8 million in the district's unrestricted fund balance was as a result of the legislature failing to enact the provisions of the May Revise prior to June 30, 2009.  Consequently, the deficit factor applied to the revenue limit calculation was reduced to that in the State's February adopted budget, which resulted in an over appropriation of Proposition 98 in 2008-09.  To prevent the suspension of Proposition 98 in 2009-10 the related $1.6 billion State over appropriation is applied as a one-time per ADA reduction to district revenue limits in 2009-10, representing a $3.8 million permanent loss in revenue to Huntington Beach, and a net gain of zero dollars over the two fiscal years.  The $9.2 million increase in restricted funds was a result of recording federal "American Recovery and Reinvestment Act" cash receipts received late June, early July.  These federal funds will be used as appropriate to "free up" unrestricted general fund dollars which will then be designated as a component of the district's reserve.

PRESENTATION – PERSONNEL COMMMISSION ANNUAL REPORT:

(III-G)

Ms Betty Dabney, Chairperson of the Personnel Commission, presented highlights of the Annual Personnel Commission Report 2008-09.

CSEA PUBLIC DISCLOSURE OF COLLECTIVE BARGAINING AGREEMENT:  (III-H)

The enactment of AB1200 and subsequent legislation requires public disclosure of agreements between the district and the bargaining unit prior to adoption.  That public disclosure is presented in the form prescribed by the Orange County Department of Education.

PUBLIC COMMUNICATION TO THE BOARD:  (III-G)

Christiane Garisek, CSEA President, extended thanks to the Board for the negotiations process.

Bernie Lennert, Palma Perez, Ramon Perez, Terence Casey, Robert Donahue and Terry Wheeler, community members, spoke against the noise on the Fountain Valley High School playing fields.  Chris Herzfeld, Principal of Fountain Valley High School, responded.  Shaun Dettloff, President of the Fountain Valley Junior All American Football program, also responded.  President Castrey asked the Superintendent to continue working with the community on this issue.  Dr. Riley responded that this was most appropriate and he would get back to the Board.

Sylvia Garrett, community member, spoke in support of the sub-committee’s recommendation concerning the WWII Memorial Plaque.  Sharon Drubin-MacCallum, President of the Huntington Beach High School Alumni Association, also spoke of the importance of the plaque to the school.

CONSENT CALENDAR:  (IV)

It was moved by Mrs. Henry, seconded by Ms Castrey, to approve the Consent Calendar with addendum to item IV-B, Personnel Report.

                                       Motion unanimously carried.

PURCHASE ORDERS:  (IV-A)

Purchase orders in the amount of $3,350,488.00 were approved as presented.

PERSONNEL REPORT:  (IV-B)

Approval was granted for Personnel Report No. 3 with addendum 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 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.

NON-PUBLIC SCHOOL/AGENCY CONTRACTS/

ADDENDA -

WOCCSE:  (IV-F)

Approval was granted to enter into the non-public school/agency contracts/addenda as presented, and the West Orange County Consortium for Special Education is authorized to receive invoices and process payment.

PARENT REIMBURSEMENT FOR TRANSPORTATION OF A SPECIAL EDUCATION STUDENT – WOCCSE:   (IV-G)

Approval was granted to reimburse parents for transportation of special education students as students require transportation to non-public schools located outside district boundaries per their IEP.

PART C RESPITE COSTS REIMBURSEMENT- WOCCSE:  NO. 0708:  (IV-H)

Approval was granted for the Huntington Beach Union High School District -WOCCSE to reimburse designated parents for infant respite care in an amount not to exceed $486 for the period from May 1, 2009 to January 15, 2010.  Respite care is determined to be an appropriate service under Part C criteria of the infant’s Individual Family Service Plan (IFSP).

CONFIDENTIAL GENERAL RELEASE AND SETTLEMENT AGREEMENT – SPECIAL EDUCATION STUDENT I.D.

NO. 356364:  (IV-I)

Approval was granted for the confidential General Release and Settlement Agreement between the Huntington Beach Union High School District and a special education student and the parents. Under the terms and agreement, the district agrees to reimburse the parents for the costs of educational services provided to the student from July 1, 2007 through July 1, 2012 in the amount of $28,500.  The district agrees to pay attorney’s fees in an amount not to exceed $1,600 as full and final settlement for any and all claims for attorney’s fees.  This amount shall be paid to the Law offices of Maureen Graves within 45 days.

CONTRACT CHANGE NOTICES:  (IV-J)

Approval was granted for the change notices to the contracts as presented which were previously awarded.

SURPLUS OF DISTRICT VEHICLES:  (IV-K)

Approval was granted to dispose of the listed surplus/obsolete district vehicles by public auction through Inter Schola, 1004 O’Reilly Avenue, Third Floor, San Francisco, CA 94129.

JUNE AND JULY  2009 DISBURSEMENTS:  (IV-L)

Recaps of the payments processed during the months of June and July 2009 were presented.

INSURANCE AND LIABILITY CLAIM:  (IV-M)

Approval was granted to deny the claim for general damages (No. VV030509).  Claim information is available in the Insurance Office.

GANN RESOLUTION:

(IV-N)

Approval was granted to adopt the Gann Resolution establishing the appropriations limits for 2008-09 and 2009-10.

RESOLUTION

NO. 12:

AYES:             HARPER, GARLAND, SIMONS, HENRY, CASTREY

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

RESOLUTION - INCREASE/

DECREASE 2009-10 BEGINNING FUND BALANCE, INCOME, EXPENDITURES & RESERVES:  (IV-O)

Approval was granted to adopt a resolution increasing/decreasing 2009-10 Beginning Fund Balance, Income, Expenditures and Reserves by the net amount of $20,363,386 for the fiscal year 2009-10.

RESOLUTION

NO. 13:

AYES:             HARPER, GARLAND, SIMONS, HENRY, CASTREY

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

RESOLUTION -

2009-10 AND 2010-11 TEMPORARY TRANSFER OF FUNDS FROM THE COUNTY TREASURER (COUNTY GENERAL FUND) TO THE HBUHSD (DISTRICT GENERAL FUND):  (IV-P)

Approval was granted to adopt the resolution allowing the Huntington Beach Union High School District to request the County Treasurer to make temporary transfers of monies from the County General Fund to the district's General Fund in order to meet its current obligations for fiscal years 2009-10 and 2010-11.

RESOLUTION

NO. 14:

AYES:             HARPER, GARLAND, SIMONS, HENRY, CASTREY

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

RESOLUTION – ENGLISH LEARNER AUTHORIZATION FOR CERTIFICATED EMPLOYEES:

(IV-Q)

Approval was granted to adopt the resolution requiring English Learner authorization for certificated employees.

RESOLUTION

NO. 15:

AYES:             HARPER, GARLAND, SIMONS, HENRY, CASTREY

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

RESOLUTION – CLASSIFIED PERSONNEL REDUCTION:

(IV-R)

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

RESOLUTION

NO. 16:

AYES:             HARPER, GARLAND, SIMONS, HENRY, CASTREY

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

SCHOOL DISTRICT CERTIFICATION

2008-09 UNAUDITED ACTUAL FINANCIAL REPORT:  (V-A)

It was moved by Mr. Garland, seconded by Mrs. Henry, to approve the 2008-09 Unaudited Actual Financial Report as presented, pursuant to Education Code section 42100.  This school district elects to use the single budget adoption cycle for the 2010-11 budget year, pursuant to Education Code section 42127(i).

                                    Motion unanimously carried.

BOARD SUB-COMMITTEE RECOMMENDATION RE WORLD WAR II MEMORIAL PLAQUE:  (V-B)

Dr. Simons presented the report of the Board Facilities Sub-committee (Brian Garland and Dr. Michael Simons) who had met and discussed the issue of the location of the World War II plaque which is currently located in the Huntington Beach Union High School District Auditorium lobby.  The options of moving the plaque to the current district office or moving the plaque to the City of Westminster or the City of Huntington Beach were considered.  The recommendation of the sub-committee was to keep the plaque in the current location and to direct staff to keep it uncovered and in presentable condition in the future.  The committee also recommended that the other two smaller veteran plaques be cleaned and located in the upper lobby area where future expansion of a veteran memorial could occur should future Boards desire that direction.

Much discussion ensued.  Mr. Garland stressed the importance of recognizing veterans.  Dr. Simons stated that the two smaller plaques could be cleaned and kept together somewhere in the same building.  Ms Castrey stated that she did not want to see the plaques going to Westminster and felt that these decisions were a management function.  Mrs. Henry stated that she had asked for a sub-committee report because this item was brought before the Board under New Business.  She felt that the plaque had originally been covered because the auditorium had been closed for renovation and it was not intentional, therefore no disrespect was meant.

It was moved by Mr. Harper that the Huntington Beach Union High School District Board of Trustees support keeping the WWII Veterans Honorarium in its current lobby location, uncovered, unobstructed and in presentable condition indefinitely.

Ms Castrey again stated that this is a management issue which did not require a resolution.  She indicated that the Superintendent has made it clear that the plaque will not be covered

                                                Motion died for lack of a second.

It was moved by Dr. Simons, seconded by Mr. Harper, to adopt the sub-committee’s recommendations to keep the WWII plaque in the current location and direct staff according to the Board Facilities Sub-committee recommendation.

                                                Motion passed 4-1.

                                                Ms Castrey abstained saying that this                                        was a management and not a Board                                                      function.

.

(Action)

It was moved by Dr. Simons, seconded by Mrs. Henry, that the two smaller veterans’ plaques be cleaned, and to direct staff to come back with a recommendation for areas of possible installation at a later date.

                                                Motion carried 5-0.

RATIFICATION OF CSEA CONTRACT:

(VI-A)

It was moved by Ms Castrey, seconded by Mr. Garland, to ratify the tentative agreement reached between the district and the California School Employees Association for a two-year period effective July 1, 2009 through June 30, 2011.

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

PROFESSIONAL GROWTH AWARDS:  (VI-B)

It was moved by Mrs. Henry, seconded by Ms Castrey, to award $750 each to classified employees who earned ten approved growth points in accordance with Article 12.11 of the CSEA contract.

                                                Motion unanimously carried.

STUDENT EXPULSIONS:

(VII-A)

It was moved by Mrs. Henry, seconded by Ms Castrey, that the following students be enrolled in our district into their school of residence:  Angel Alvarez, Jason Howard, Derek Nguyen and Don Nguyen.

                                                Motion unanimously carried.

NEW BUSINESS:  (VIII)

Mrs. Henry reminded Board members of a meeting to be held at the Orange County Department of Education the following day.

Dr. Simons discussed the issue of CPR certification and response time by ambulances to emergency situations at football games.  Dr. Riley responded and cited CIF requirements.  Staff stated that CPR training is required for all coaches and trainers are highly trained in CPR and first aid.  Dr. Riley stated he would agendize the issue for the next athletic directors meeting.

Ms Castrey handed a letter from the NSBA concerning student community service.  Dr. Riley will follow up.

Dr. Riley asked for Board members to respond to the invitation to the Teacher of the Year ceremony to be held on October 23.

Dr. Riley reported that 100% of the district’s teachers are now authorized in CLAD.

Debbie Coleman recognized the contributions of the HBPSA negotiating team in working with the district to secure a contract.

ANY OTHER PUBLIC COMMUNICATION TO THE BOARD:  (IX)

Donna Alexander made general comments and thanked Board members for attending the Ocean View High School swimming pool groundbreaking.

ADJOURNMENT:

The meeting was adjourned by the President, Ms Castrey, at

9:56.m.

______________________________

                           Clerk

______________________________

                        Secretary