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

November 10, 2009

CALL TO ORDER:

The meeting was called to order at 6:30 p.m. by the Board President, Ms Castrey.

CLOSED SESSION:  (I-A)

The Board recessed to Closed Session at 6:31 p.m. to consider

Negotiations – Conference with Labor Negotiators concerning DEA, CSEA, HBPSA and HBAA – Government Code section 54957.6.  Present was Agency Negotiator Debbie Coleman. Also present was Van Riley;  Parent Appeal – Education Code sections 35146 and 48260, and Public Employee Discipline/ Dismissal/Release – Government Code section 54957 and Education Code sections 44896 and 44951.

CALL BACK TO ORDER:

The meeting was called back to order at 7:33p.m.  Ms Castrey announced that the Board took action in Closed Session to suspend a public employee and also denied a student appeal.

PLEDGE OF ALLEGIANCE:  (II)

The Pledge of Allegiance was given.

APPROVAL OF MINUTES:  (III-A)

It was moved by Mrs. Henry, seconded by Ms Castrey, to approve the minutes of the regular Board Meeting held October 13, 2009.

                                    Motion unanimously carried. 

BOARD COMMITTEE REPORTS AND ACTIVITIES:  (III-B)

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

STUDENT BOARD REPRESENTATIVE REPORTS:  (III-C)

Benjamin Simons, Student Representative to the Board from Huntington Beach High School, presented reports on campus activities.

SUPERINTENDENT’S REPORT:  (III-D)

Dr. Riley introduced Jackie DeHay, the new Director of Human Resources/Classified, and her husband.  He provided an update on the H1N1 clinics which were scheduled to take place but had to be postponed due to lack of vaccine.

Dr. Riley updated the Board on ongoing talks with the staff at the City of Huntington Beach concerning use of facilities and will provide Board members with a copy of the draft Facilities Agreement.

An update was provided on an issue raised in RBO concerning the current state of drugs in our community.  A summit will be formed and headed by Dr. Carol Osbrink who will report back to the Board.

Dr. Riley acknowledged Dr. Carol Osbrink for switching the Bell Football Game to Cal State Fullerton.

STAFF PRESENTATION – WHS:  (III-E)

Ted Reid, Assistant Principal, staff and students presented highlights of the Family and Consumer Science program at Westminster High School.

COMMUNITY MARKET PROPOSAL:  (III-F)

Ocean View High School in partnership with the Oak View Renewal Project is proposing to implement a Community Market (Farmers Market) program.  Principal Dan Bryan introduced the members of the committee working on this project and they presented pertinent information related to the proposal.  Board members asked questions.

Ms Castrey called for public input but there was none.  Dr. Riley indicated that these types of activity are not usually brought to the Board for approval but the City and the Health Department are involved.  It was moved by Mr. Garland, seconded by Ms Castrey, to adopt the proposal and give direction to move forward with implementation.

                                                Motion unanimously carried.

STAFF PRESENTATION –ACCOUNTABILITY AND ASSESSMENT REPORT:  (III-G)

Connie Mayhugh, Director of Curriculum, and Marlene Kline, Coordinator of Assessment and Accountability, presented the district’s Accountability and Assessment Report for 2009.  The latest data for the Academic Performance Index (API) and the Adequate Yearly Progress (AYP), the school rankings and Title III programs were provided.  A report on the annual evaluation of programs for English Language Learners was also presented.

PUBLIC COMMUNICATION TO THE BOARD:  (III-H)

Diann Pendergrass spoke in support of collaboration in the classroom.

CONSENT CALENDAR:  (IV)

It was moved by Mr. Garland, seconded by Mrs. Henry, to approve the Consent Calendar as presented with addendum to item IV-B, Personnel Report.

PURCHASE ORDERS:  (IV-A)

Purchase orders in the amount of $880,829.22 were approved as presented.

PERSONNEL REPORT:  (IV-B)

Approval was granted for Personnel Report No. 5 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 was authorized to receive invoices and process payment.

ACCEPTANCE OF FUNDING –  TRANSITION PARTNERSHIP PROGRAM, AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) 2009:  (IV-G)

Approval was granted to accept funding from the Department of Rehabilitation for the Transition Partnership Program.  These funds in the amount of $42,436 for the dates October 1, 2009 to June 30, 2010 and $10,431 for July 1, 2010 to September 30, 2010 for the total amount of $52,867.  These funds will be used to develop business linkages, including on-the-job training, employer networking, relationships with large employers, internships and potential employment opportunities.  This is a one-time funding.  No district matching funds were required.  Authorization to expend funds upon receipt was granted.

COOPERATIVE AGREEMENT – TRANSITION PARTNERSHIP PROGRAM:  (IV-H)

Approval was granted to augment the Cooperative Agreement with the California Department of Rehabilitation for the Transition Partnership Program for the three-year period beginning July 1, 2008 through June 30, 2011.  The total program cost of $852,443 per year is based on the district’s share of certified expenditure of $213,111 and the Department of Rehabilitation total share of $639,332.  The Department of Rehabilitation program cost is $309,879 and the total payment to the Cooperative Agency is $329,453.  No matching funds were required.  Authorization to expend funds upon receipt was granted.

WAIVER REQUEST – BILINGUAL TESTER – EDUCATION CODE SECTION 52164.1:  (IV-I)

Approval was granted to submit a request to the State Department of Education to waive the requirement that bilingual assessment be conducted by persons who can speak and understand the pupil’s primary language where the primary language is spoken by a small number of pupils.  The effective period of the waiver request is January 1, 2010 through December 31, 2010.

SALES OF SURPLUS/

OBSOLETE

DISTRICT

VEHICLES:  (IV-J)

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.

EXTENSION OF CONTRACT FOR CARAMEDIX, INCORPORATED:  (IV-K)

Approval was granted to grant an extension for Contract No. 0196 with Caramedix, Inc., for transportation services for special education students on behalf of the West Orange County Consortium for Special Education (WOCCSE) through November 30, 2010.

CONTRACT CHANGE NOTICES:  (IV-L)

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

AWARD OF BIDS:  (IV-M)

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.

REDUCTION OF RETENTION FOR CONTRACTOR – MSH CONSTRUCTION COMPANY:  (IV-N)

Approval was granted to reduce the ten percent retention to five percent in accordance with Public Contract Code Section 9203 on Contract No. 0913 with MSH Construction Company for Site Work Phase 2 at Marina High School.

NOTICE OF COMPLETION – CONTRACT NO. 0689 – MHS:  (IV-O)

Approval was granted to file a Notice of Completion on Contract No. 0689 for Marina High School Site Phase 1 by Excel Paving Company, and to pay the ten percent retention after filing.

NOTICE OF COMPLETION – CONTRACT NO. 0348 – HBHS:  (IV-P)

Approval was granted to file a Notice of Completion on Contract No. 0348 for Huntington Beach High School Buildings C, X and R by SMC Construction Company, and to pay the five percent retention after filing.

NOTICE OF COMPLETION – CONTRACT NO. 0914 – WHS:  (IV-Q)

Approval was granted to file a Notice of Completion on Contract No. 0914 for Westminster High School Modernization: South Parking Lot by CS Legacy Construction, and to pay the ten percent retention after filing. 

REJECTION OF BID NO. 1082:  (IV-R)

Approval was granted to reject Bid No. 1082 for Westminster High School Modernization: Central Plant, which was funded by State Facility Project Savings on the basis that the bids received are substantially over budget for the project.

SEPTEMBER 2009 DISBURSEMENTS:  (IV-S)

A recap of the payments processed during the month of September 2009 was presented.

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

Approval was granted to adopt a resolution that authorizes the transfers made within the approved budget of various funds for 2009-10.

      RESOLUTION       NO. 22:

AYES:                        HARPER, HENRY, GARLAND, SIMONS,                    CASTREY

NOES:                        NONE

ABSENT:       NONE

RESOLUTION - ADDITIONAL INCOME AND EXPENDITURES - GENERAL FUND:  (IV-U)

The 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 $168,006 within the General Fund for the fiscal year 2009-10.

      RESOLUTION       NO. 23:

AYES:                        HARPER, HENRY, GARLAND, SIMONS,                    CASTREY

NOES:                        NONE

ABSENT:       NONE

RESOLUTION- ADDITIONAL INCOME AND EXPENDITURES - ADULT EDUCATION FUND:  (IV-V)

The district has been notified of increases 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 $16,803 within the Adult Education Fund for the fiscal year 2009-10.

      RESOLUTION       NO. 24:

AYES:                        HARPER, HENRY, GARLAND, SIMONS,                    CASTREY

NOES:                        NONE

ABSENT:       NONE

2010 CSBA DELEGATE ASSEMBLY NOMINATIONS:

(V-A)

Ms Castrey nominated Mrs. Henry for re-election.  There was no need for a second.  Mr. Harper placed his name in nomination.

It was moved by Dr. Simons, seconded by Mr. Garland, to close the nominations.

                                                Motion unanimously carried.

EARLY RETIREMENT NOTIFICATION INCENTIVE MEMORANDUM OF UNDERSTANDING WITH DEA:   (VI-A)

It was moved by Dr. Simons, seconded by Mrs. Henry, to approve the Memorandum of Understanding between the district and the District Educators Association regarding early notification and retirement incentive for unit members for the 2009-10 school year.

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

EARLY NOTIFICATION OF INTENT TO RETIRE MEMORANDUM OF UNDERSTANDING WITH CSEA:  (VI-B)

It was moved by Mr. Garland, seconded by Mrs. Henry, to approve the Memorandum of Understanding between the district and the California School Employees Association regarding early notification and retirement incentive for unit members for the 2009-10 school year.

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

EARLY RETIREMENT NOTIFICATION INCENTIVE MEMORANDUM OF UNDERSTANDING WITH HBPSA:  (VI-C)

It was moved by Mr. Garland, seconded by Ms Castrey, to approve the Memorandum of Understanding between the district and the Huntington Beach Pupil Services Association regarding early notification and retirement incentive for unit members for the 2009-10 school year.

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

EARLY RETIREMENT NOTIFICATION INCENTIVE AGREEMENT WITH HBAA:  (VI-D)

It was moved by Mr. Garland, seconded by Dr. Simons, to approve the Agreement between the district and the Huntington Beach Administrators Association regarding early notification and retirement incentive for certificated and classified management and confidential employees for the 2009-10 school year.

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

BOARD POLICY:

(VII-A)

It was moved by Mr. Garland, seconded by Mrs. Henry, to approve the following Board policy for second reading and adoption in the continued revision of existing policies and administrative regulations.  This revision is being proposed in order to add the honors at graduation of Summa Cum Laude and Magna Cum Laude and eliminating Valedictorian and Salutatorian:

BP 5127 – Students

Graduation Procedures and Ceremonies

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

BOARD POLICY:

(VII-B)

It was moved by Mrs. Henry, seconded by Mr. Harper, to approve the following Board policy for second reading and adoption in the continued revision of existing policies and administrative regulations.  This is a recommendation for revision as a result of the need for students to take courses outside the district:

BP 6178.2 – Instruction

External Courses

                                                Motion unanimously carried.

BOARD POLICY:

(VII-C)

It was moved by Ms Castrey, seconded by Mr. Garland, to approve the following Board policy for second reading and adoption in the continued revision of existing policies and administrative regulations.  This revision is being proposed as a result of the modernization of all of our schools and facilities in order to maintain their new conditions:

BP 1330 – Community Relations

Use of School Facilities

                                                Motion unanimously carried.

BOARD POLICY:

(VII-D)

It was moved by Ms Castrey, seconded by Mr. Harper, to approve the following Board policy for first reading in the continued revision of existing policies and administrative regulations.  This policy is being proposed in order to clearly establish professional relationship between the school employee and the student:

BP 4119.12, 4219.12, 4319.12 – All Personnel

Staff/Student Policy

                                                Motion unanimously carried.

STUDENT EXPULSIONS:

(VIII-A)

It was moved by Mrs. Henry, seconded by Mr. Harper, that Student No. 354455 be expelled from the Huntington Beach Union High School District for the remainder of the 2009-10 school year for violation of California Education Code

48900(a-1).  It was further moved that the expulsion be suspended and the student be transferred to another district comprehensive high school to complete his diploma requirements.

                                                Motion unanimously carried.

It was moved by Dr. Simons, seconded by Mr. Harper, that Student No. 356597 be expelled from the Huntington Beach Union High School District for the remainder of the 2009-10 school year for violation of California Education Code 48900(b).  It was further moved that the expulsion be suspended and that the student be transferred to another comprehensive high school in the district.

                                                Motion unanimously carried.

It was moved by Mr. Garland, seconded by Ms Castrey, that student No. 374883 be expelled from the Huntington Beach Union High School District for the remainder of the 2009-10 school year for violation of California Education Code 48900(g).  It was further moved that the student be transferred to the District’s Community Day School.

                                                Motion unanimously carried.

NEW BUSINESS:  (IX)

Dr. Simons suggested moving Public Communication before any presentations on the Board agenda when there are a number of presentations.  Ms Castrey indicated that the Board President has the flexibility to move items on the agenda as necessary.

Mr. Harper commented on the Board election of officers process.

ANY OTHER PUBLIC COMMUNICATION TO THE BOARD:  (X)

None.

ADJOURNMENT:

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

10:07 p.m.

______________________________

                           Clerk

______________________________

                        Secretary