BOARD MEMBERS PRESENT:

Bonnie Castrey

Brian Garland

Susan Henry

Matthew Harper

Michael Simons

BOARD MEMBERS ABSENT:

None

ADMINISTRATIVE PERSONNEL PRESENT:

Van Riley, Superintendent

Debbie Coleman, Asst. Superintendent, Human Resources

Carol Osbrink, Asst. Superintendent, Educational Services

Carole Thomas, Executive Assistant

ADMINISTRATIVE PERSONNEL ABSENT:

None

PLACE AND DATE OF MEETING:

District Office

November 13, 2007

CALL TO ORDER:

The meeting was called to order at 7:00 p.m. by the Board President, Mrs. Henry.

CLOSED SESSION:  (I)

The Board recessed to Closed Session at 7:01 to discuss Public Employee Discipline/Dismissal/Release – Government Code section 54957.

CALL BACK TO ORDER:

The meeting was called back to order at 7:30 p.m.  Mrs. Henry reported that the Board met in closed session to discuss Public Employee Discipline/Dismissal/Release – Government Code section 54957.  No action was taken.

PLEDGE OF ALLEGIANCE:  (II)

The Pledge of Allegiance was led by Jesse Dalton, Student Board Representative.

APPROVAL OF MINUTES:  (III-A)

It was moved by Dr. Simons, seconded by Ms Castrey, to approve the minutes of the regular meeting held October 9, 2007.

                                    Motional 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 REPORT:  (III-C)

Jesse Dalton, Student Representative to the Board from Fountain High School, presented reports for each school.

SUPERINTENDENT’S REPORT:  (III-D)

Two newly reassigned staff members were introduced:  Marlene Kline from Assistant Principal, Adult School/Coast High School, to Coordinator of Assessment and Evaluation, District Office;  and Kathleen Lommen, from Assistant Principal, Edison, High School, to Director of Pupil Personnel Services, District Office.

Dr. Riley presented renderings of the architect’s proposed paint colors for the district auditorium at Huntington Beach High School.  Board members were asked to consider these colors, and to make comments or offer suggestions.

STAFF PRESENTATION – WHS:  (III-E)

Shirley Vaughn, Principal, and staff presented highlights of the Visual Arts Program at Westminster High School.   Students were introduced.

PUBLIC COMMUNICATION TO THE BOARD: (III-F)

Jane Kazor, parent, discussed the showing of R-rated movies in class.

SKATEBOARD PARK:  (V-E)

Dr. Riley presented an update on a recent meeting with the City of Huntington Beach.  Two locations at Worthy Park were considered which would not interfere with parking, softball or baseball fields.  Staff was asked to bring suggestions back to the Board of Trustees, not to cancel the agreement at this time but to see if the Board might be interested in a financial partnership with the city to help relocate the skateboard park.  Following discussion, it was moved by Dr. Simons, seconded by Mr. Garland, to direct the Superintendent to meet and generate a mutual agreement with the City of Huntington Beach to terminate the lease agreement for the skateboard park at Huntington Beach High School.  It was further moved that the Board offer up to $50,000 toward the relocation of the skateboard park to Worthy Park if the project is completed within one year of the termination agreement.  Furthermore, it was moved that the Board offer an additional approximately $50,000 in in-kind funds to cover demolition of the current skateboard park ($35,000) and to cover 2006-07 maintenance costs ($15,000).  It should be noted that the annual cost for maintenance of $10,000-$15,000 for the life of the agreement has not previously been billed to the City.

                                    Motion unanimously carried.

CONSENT CALENDAR:  (IV)

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

                                    Motion unanimously carried.

PURCHASE ORDERS:  (IV-A)

Approval was granted for purchase orders in the amount of $14,864,374.03 as presented. 

PERSONNEL REPORT:  (IV-B)

Approval was granted for the Certificated and Classified Personnel Report No. 5 as presented, with addendum.    Mrs. Henry recognized the following retirees:  Sharon Hayes, Mae Krause, Susi McLane, Geraldine Mestro and Loretta Rochow.

FIELD TRIPS:

(IV-C)

Approval was granted for Field Trips as presented.

PROFESSIONAL AND OFFICIAL BUSINESS ACTIVITIES:

(IV-D)

Approval was granted for the Professional and Official Business Activities 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, with addendum. 

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.

REIMBURSEMENT TO PARENT OF A SPECIAL EDUCATION STUDENT FOR INDEPENDENT EDUCATIONAL EVALUATION:

(IV-G)

Approval was granted to reimburse the parent of a special education student for an Independent Educational Evaluation in the amount of $2,350 as recommended in the student’s Individual Educational Plan (IEP).

AGREEMENT WITH CSULB FOUNDATION FOR TOBACCO-FREE COMMUNITIES PROJECTS:  (IV-H)

Approval was granted to continue the Agreement for Provision of Subcontract Services between the district and CSULB (California State University, Long Beach) Foundation, Tobacco-Free Communities Project.  The goal of the Tobacco Free Communities Project is to reduce the prevalence of tobacco use among teenagers.  Funding to the district in the amount of $24,000 will be used to provide tobacco prevention and cessation education programs and events to students and parents at Fountain Valley and Valley Vista high schools.  The term of the agreement shall be November 1, 2007 through June 30, 2008.

MEMORANDUM OF UNDERSTANDING WITH ORANGE COUNTY SUPERINTENDENT OF SCHOOLS FOR SPECIAL EDUCATION PROGRAMS:  (IV-I)

Approval was granted for the Memorandum of Understanding with the Orange County Superintendent of Schools to provide special education programs during the 2007-08 school year for eligible district pupils with exceptional needs requiring intensive educational services, including a regional deaf and hard of hearing program.  The students will be referred to OCDE by their Individualized Education Plan (IEP) teams.  The Special Education Local Plan area (SELPA) and/or the district agree to pay the average cost per pupil enrolled based on designated expenditure categories.  The cost during the 2006-07 school year was $15,808 for seven district pupils enrolled in OCDE programs.

INTERDISTRICT ATTENDANCE AGREEMENT – BONITA UNIFIED SCHOOL DISTRICT:  (IV-J)

Approval was granted for an Interdistrict Attendance Agreement with Bonita Unified School District effective July 1, 2007 through June 30, 2012 or until terminated.  The agreement will permit students from Bonita USD to submit interdistrict requests to attend school within our high school district.

NEW TEXTBOOK ADOPTION – FOURTH LIST:

(IV-K)

Approval was granted to commence the adoption of the new basic textbooks (Fourth List) for the 2007-08 school year according to district policy.

ACCEPTANCE OF FUNDING – EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM:  (IV-L)

Approval was granted to accept continued funding from the California Department of Education for the Education for Homeless Children and Youth Program.  These funds in the amount of $57,740 will be used to continue to provide educational programs and services for identified homeless students during the 2007-08 fiscal year.  No district matching funds are required.  Authorization to expend funds upon receipt was granted.

ACCEPTANCE OF INFANT-TODDLER RESOURCE AWARD:  (IV-M)

Approval was granted to accept the infant-toddler resource award in the amount of $2,438 from the California Department of Education.  The district is eligible to receive these funds under the California School-Age Families Education (Cal-SAFE) program.  These are one-time funds that must be expended between July 1, 2007 and June 30, 2008 to enhance the infant-toddler program, which is held on the Valley Vista High School campus.

ACCEPTANCE OF GRANT FUNDING - ADULT EDUCATION AND FAMILY LITERACY ACT:  (IV-N)

Approval was granted to accept Adult Education and Family Literacy Act funding in the amount of $662,106 from the California Department of Education for the 2007-08 school year.  These funds will be used to continue offering adult education classes in the area of reading, writing and speaking the English language, English language acquisition and other literacy and vocational skills.  No matching district funds are required.  Authorization to expend funds upon receipt was granted.

AGREEMENT WITH McCARTHY CONSTRUCTION MANAGEMENT FOR OVHS POOL PROJECT:  (IV-O)

Approval was granted for the agreement with McCarthy Construction Management for construction management services for construction of the pool at Ocean View High School.  The fixed fee cost of 7.5% of the contracted construction cost estimated at $375,000 will be paid from the Certificates of Participation (COP) funds.  The Ocean View High School pool project was approved by the Board of Trustees as part of the Facilities Improvement Plan.

AGREEMENT – PJHM ARCHITECTS FOR OVHS POOL PROJECT:  (IV-P)

Approval was granted for the agreement with PJHM Architects for architectural services for construction of the pool at Ocean View High School  The fixed fee cost of 7.5% of the contracted construction cost estimated at $375,000 will be paid from the Certificates of Participation (COP) funds.  The OVHS pool project was approved by the Board of Trustees as part of the Facilities Improvement Plan.  

SUBSTITUTION OF SUBCONTRACTOR:  (IV-Q):

Approval was granted for the substitution of a subcontractor on Contract No. 0349 with Scorpio Enterprises for Modernization No. 2 at Westminster High School.

NOTICE OF COMPLETION – FVHS – CONTRACT 0030:  (IV-R)

Approval was granted to file a Notice of Completion on Contract 0030 for Play Court Resurfacing at Fountain Valley High School by Ferandell Tennis Courts, Inc., and to pay the 10 percent retention after filing.

NOTICE OF COMPLETION – FVHS – CONTRACT 1018:  (IV-S)

Approval was granted to file a Notice of Completion on Contract 1018 for Demolition of Portables at Fountain Valley High School by J & G Industries, and to pay the 10 percent retention after filing.

NOTICE OF COMPLETION – HBHS – CONTRACT 0273:  (IV-T)

Approval was granted to file a Notice of Completion on Contract 0273 for Huntington Beach High School S-2007 Utility Installation by Atlas Allied, and to pay the 10 percent retention after filing. 

NOTICE OF COMPLETION – HBHS – CONTRACT 0382:  (IV-U)

Approval was granted to file a Notice of Completion on Contract 0382 for Huntington Beach High School Building K Roofing by Pacific Single Ply, and to pay the 10 percent retention after filing

FINAL CHANGE ORDER, SETTLEMENT AGREEMENT AND NOTICE OF COMPLETION:

(IV-V)

Approval was granted for Full and Final Change Order No. 15 in the amount of $14,646.00 with LA Contractors on Contract No. 9807 for Fountain Valley High School Modernization.  Approval was also granted for a Settlement Agreement and General Release in the amount of $177,370.00 and to file the Notice of Completion and pay the 10 percent retention after filing.

SALES OF SURPLUS/

OBSOLETE DISTRICT VEHICLES:  (IV-W)

Approval was granted to dispose of the listed surplus/obsolete district vehicles by public auction through Southern California Public Auction.

CONTRACT CHANGE NOTICES:  (IV-X)

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

AWARD OF BID:  (IV-Y)

Approval was granted to award a bid to the successful bidder 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.

BANK DEPOSITOR SIGNATURE CARDS – WELLS FARGO BANK:

(IV-Z)

Approval was granted to authorize the Board Clerk to sign new bank depositor signature cards for the District Clearing Account, Revolving Cash Account and the Workers’ Compensation Account at Wells Fargo Bank.  Staff changes have made this update necessary.

RESOLUTION

NO. 9:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

BANK DEPOSITOR SIGNATURE RESOLUTIONS – BANK OF AMERICA:

(IV-AA)

Approval was granted to authorize the Board Clerk to sign new bank depositor signature cards for the District Cafeteria Accounts at Bank of America (Savings and Checking).

RESOLUTION

NO. 10:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

BANK DEPOSITOR SIGNATURE CARDS - OCTFCU:  (IV-BB)

Approval was granted to authorize the Board Clerk to sign new bank depositor signature cards for the District Cafeteria Account at Orange County Teachers’ Federal Credit Union (Share and Certificates of Deposit)

RESOLUTION

NO. 11:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

ENROLLMENT & ADA:  (IV-CC)

A report on enrollment and ADA for the period August 29 to September 21, 2007 was presented.

SEPTEMBER 2007 DISBURSEMENTS:  (IV-DD)

A recap of the payments processed during the month of September 2007 was presented.

RESOLUTION – ALLOCATION OF ARTS AND MUSIC ON-GOING FUNDING:  (IV-EE)

Approval was granted to adopt a resolution to allocate the Arts and Music on-going funding in accordance with the plan developed collaboratively by the district’s Arts and Music teachers and approved by the Board of Trustees on August 28, 2007.  The funding will be allocated in an equal amount (14%) to the six comprehensive high schools and APA with the remaining funding going to the alternative programs, rather than on a per pupil basis, in an effort to build arts and music education programs across the district.  The School Site Councils have reviewed the resolution.

RESOLUTION

NO. 12:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION - UPDATE OF AUTHORIZED SIGNATURES - COUNTY:  (IV-FF)

Approval was granted to adopt a resolution updating authorized signatures and Facsimile signatures for the District, Cafeteria and/or WOCCSE accounts as required by the County.  Staff changes have made this update necessary.

RESOLUTION

NO. 13:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – AUTHORIZATION OF SIGNATURES ON ELECTRONICALLY PRINTED CHECKS:  (IV-GG)

Approval was granted to adopt a resolution authorizing the Orange County Superintendent of Schools to electronically print the signatures of the Superintendent and the Chief Business Official on vendor checks produced by the Orange County Department of Education.

RESOLUTION

NO. 14:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – UPDATE OF AUTHORIZED SIGNATURES – CLEARING ACCOUNT:  (IV-HH)

Approval was granted to adopt a resolution updating authorizations for signatures for the Custodian of the Clearing Account.  Staff changes have made this update necessary.

RESOLUTION

NO. 15:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION - UPDATE OF AUTHORIZED SIGNATURES - WORKERS' COMPENSATION TRUST ACCOUNT:  (IV-II)

Approval was granted to adopt a resolution updating the names of the district administrators authorized to reject, settle, compromise, and approve Workers' Compensation claims filed against the district and to sign warrants drawn against the district's Insurance Trust Fund..

RESOLUTION

NO. 16:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

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

Approval was granted to adopt a resolution that authorizes the transfers made within the approved budgets of the various funds for 2007-08.

RESOLUTION

NO. 17:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – ADDTNL INCOME AND EXPENDITURES - GENERAL FUND:  (IV-KK)

 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 $1,123,995 within the General Fund for the fiscal year 2007-08.

RESOLUTION

NO. 18:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – ADDITIONAL INCOME AND EXPENDITURES - Adult EdUCATION FUND:  (IV-LL)

 The district has been notified of increases in funding for various categorical projects and other funding sources.  Approval was granted to adopt a resolution decreasing income and expenditures by the net amount of $33,610 within the Adult Education Fund for the fiscal year 2007-08.  (REFERENCE IV-LL)

RESOLUTION

NO. 19:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

RESOLUTION – INCREASE/ DECREASE INCOME & RESERVES –MEASURE C BOND AND COUNTY SCHOOL FACILITIES FUNDS:  (IV-MM)

The district has projected increases and decreases in funding for various capital projects and other funding sources.  Approval was granted to adopt a resolution increasing/decreasing income and reserves by the net amount of $1,414,729 in the Capital Facilities and County School Facilities funds for the fiscal year 2007-08.

RESOLUTION

NO. 20:

AYES:             HARPER, GARLAND, SIMONS, CASTREY, HENRY

NOES:             NONE

ABSENT:        NONE

                                                Resolution unanimously adopted.

DR. RILEY LEFT THE MEETING:

Dr. Riley left the meeting at 8:20 p.m.

ARBITRAGE REBATE COMPLIANCE SERVICES - AMENDMENT TO EXISTING AGREEMENT:  (V-A)

It was moved by Mr. Garland, seconded by Ms Castrey, to amend Exhibit A to the existing agreement with Bond Logistix, LLC, approved by the Board on October 11, 2005, for the provision of arbitrage rebate compliance services to include the District's General Obligation Bonds, Series 2007, and the Certificates of Participation, 2007 Capital Projects.

                                    Motion unanimously carried.

DELEGATION OF AUTHORITY TO APPROVE CERTAIN ITEMS ON BEHALF OF THE DISTRICT:  (V-B)

It was moved by Mr. Garland, seconded by Dr. Simons, that pursuant to Education Code section 35161, the Governing Board hereby delegates to the Superintendent and/or Chief Business Official the authority to enter into contracts for consultants, construction, and repair work; authorize purchase orders, going out to bid, acceptance of bids, filing of notices of completion and payment of retention, and attendance at conferences; make budget transfers; hire employees, accept employees' resignations, approve changes in employment status; settle liability and workers’ compensation claims up to an amount of $50,000 and make payments to vendors and employees.  The Board will ratify transactions approved under this authorization at a subsequent meeting.

                                    Motion unanimously carried.

AUTHORIZED SIGNATORIES TO STATE ALLOCATION BOARD, OFFICE OF PUBLIC SCHOOL CONSTRUCTION, AND DIVISION OF STATE ARCHITECT:  (V-C)

It was moved by Ms Castrey, seconded by Mr. Garland, to designate the following individuals as district representatives for communication/documentation with the State Allocation Board (SAB), Office of Public School Construction (OPSC) and the Division of State Architect (DSA) regarding the State School Facility Program:

            Nelson Cayabyab for facilities related documents

            Jeanette Ullrich for fiscal or business related documents

Recent staff changes have necessitated this update.

                                    Motion unanimously carried.

ANNUAL REPORT ON WILLIAMS UNIFORM COMPLAINTS:  (V-D)

The Annual (2006-07) Report on Williams Uniform Complaints Procedures was presented, as required by Education Code 1240. 

STUDENT EXPULSIONS:

(VI-A)

It was moved by Ms Castrey, seconded by Mr. Harper, that the term of expulsion of student number 364636 determined by the Anaheim Union High School District for violation of California Education Code 48900.7 and 48900(a)(5) be upheld.  It was further moved that the student complete her period of expulsion at ACCESS for the remainder of the 200702008 fall semester.  It was moved that in January 2008 she be allowed to enroll at Fountain Valley High School for the spring semester.

                        Motion unanimously carried.

It was moved by Mrs. Henry, seconded by Mr. Garland, that having completed the term of expulsion by the Garden Grove Unified School District, student No. 348870 be enrolled in Coast High School.

                        Motion unanimously carried.

It was moved by Ms Castrey, seconded by Mr. Harper, that student number 361009 determined by the Bear Valley Unified School District for violation of California Education Code 48900(a)(1) and 48900(k) not be upheld.  It was further moved that he be enrolled at Coast High School for the remainder of the 2007-2008 fall semester and then enroll at Huntington Beach High School for the spring semester.

                        Motion unanimously carried.

NEW BUSINESS:

Dr. Simons represents the Board on the OCSBA-OCDE Organization for School Districts.  He asked for input from the Board on various openings.

Dr. Simons requested an update be presented to the Board at the December meeting on options for Health instructional options.

Mr. Harper proposed that The Bible as Literature be placed on the December agenda for consideration.  Motion died for lack of a second.

Mr. Harper asked for an update on the moratorium on new sports.  This will be presented at the December Board meeting.

NEW BUSINESS (continued)

Mr. Garland asked that a letter be sent to Ocean View School District congratulating them on the hiring of new superintendent, Alan Rasmussen.

Dr. Simons also asked for consideration to be given to providing hand sanitizer soap to prevent transmittal of disease.

Dr. Simons asked for delineation of duties for counselors and guidance technicians.

Ms Castrey discussed the earlier speaker’s concerns regarding showing R-rated movies to students.  Dr. Osbrink addressed this issue, stating that the district does not have a specific policy for R-rated videos but has a policy on supplemental materials which includes supplemental instructional materials.  We also have a policy regarding controversial issues.  She described the criteria for showing videos.  Dr. Osbrink stated that an update would be provided at either the January or February meetings.  Board members commented on the need for these policies to be clear.  Dr. Osbrink indicated that a board policy on R-rated videos would be woven into the instructional materials policy.

ANY OTHER COMMUNICTION TO THE BOARD:

None.

ADJOURNMENT:

The meeting was adjourned by President, Mrs. Henry, at

8:42 p.m.

______________________________

                           Clerk

______________________________

                        Secretary