BOARD MEMBERS PRESENT:

Bonnie Castrey

Brian Garland

Matthew Harper

Susan Henry

Michael Simons

BOARD MEMBERS ABSENT:

None

ADMINISTRATIVE PERSONNEL PRESENT:

Van Riley, Superintendent

Patricia Koch, Asst. Superintendent, Business Services

Carol Osbrink, Asst. Superintendent, Educational Services

Kathy Miller, Asst. Superintendent, Personnel/Emp Relations

Carole Thomas, Executive Assistant

ADMINISTRATIVE PERSONNEL ABSENT:

None

PLACE AND DATE OF MEETING:

District Education Center

July 20, 2004

CALL TO ORDER:

The meeting was called to order at 5:35 p.m. by the President, Dr. Simons.

CLOSED SESSION: (I)

The Board recessed to closed session at 5:36 p.m. to consider Public Employee Performance Evaluation: Superintendent – Government Code section 54957.

CALL BACK TO ORDER:

The meeting was called back to order at 7:33 p.m. by the President, Dr. Simons, who reported that in Closed Session the Board completed its deliberations on the Superintendent’s Performance Evaluation and there would be no need for a closed session following the Board meeting.

PLEDGE OF ALLEGIANCE:  (II)

The Pledge of Allegiance was given.

BOARD COMMITTEE REPORTS AND ACTIVITIES:  (III-A)

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

PRESENTATION -ISSUANCE OF GENERAL OBLIGATION BONDS UNDER MEASURE C:  (III-B)

R. Mark Epstein, Managing Director of California Financial Services, Inc., the District’s financial advisor, gave a presentation on the general obligation bonds to be issued pursuant to Measure C, approved by the voters of the district on March 2, 2004.  Also present was Jim Roth, Director, UBS Financial Services, Inc.

APPROVAL OF MINUTES:  (III-C)

It was moved by Ms Castrey, seconded by Mrs. Henry, to approve the minutes of the regular Board meeting held June 29, 2004.

                                                            Motion unanimously carried.

PUBLIC COMMUNICATION TO THE BOARD:  (III-D)

Glen Brooks, community member, and Judy Ahrens, parent, spoke to item VII-B concerning uniform complaint procedure.

CONSENT CALENDAR:  (IV)

It was moved by Ms Castrey, seconded by Mr. Garland,  to approve the Consent Calendar as presented, with two items of addenda as follows:  Settlement of Special Education Hearing – SN 04-00225 – WOCCSE for a total of $14,000 payable by the district; and item IV-B, Personnel Report.

                                             Motion unanimously carried.

PURCHASE ORDERS: (IV-A)

Purchase orders in the amount of $4,492,447.19 were approved as presented.

PERSONNEL REPORT:  (IV-B)

Approval was granted for the Classified and Certificated Personnel Report No. 1 as presented, with addendum.

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.

NON-PUBLIC SCHOOL/AGENCY CONTRACTS -

WOCCSE:  (IV-F)

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

NEW BASIC TEXTBOOK ADOPTION – SECOND LIST:

 (IV-G)

Approval was granted to commence the adoption of the new basic textbooks (second list) for the 2004-05 school year according to district policy.

GRANT APPLICATION – WORKABILITY I PROGRAM:  (IV-H)

Approval was granted to submit an application to the California Department of Education for continued funding for the WorkAbility I Program for the period September 1, 2004 through August 31, 2005.  The grant funds, projected at approximately $300,000 depending on the state budget allocation, will be used to provide a school-to-career transition program for special education students.  Students are taught pre-employment skills and receive vocational assessment and assistance in locating a job.  No matching funds are required.  Authorization to expend funds upon receipt was granted.

SALE OF SURPLUS/

OBSOLETE

DISTRICT

VEHICLE:  (IV-I)

Approval was granted to dispose of the listed surplus/obsolete district vehicle by public auction through Nationwide Auctioneers.

WEST COAST RISK MANAGEMENT:  (IV-J)

Approval was granted to renew the contract with West Coast Risk Management for an annual fee of $39,600 to be paid from the Workers’ Compensation Self-Insurance Fund.

AMENDMENT NO. 1, CONTRACT NO. 9113, STATES LINK CONSTRUCTION, HBHS MODERNIZATION PHASE II:  (IV-K)

Approval was granted to amend Contract No. 9113 with States Link Construction, for the Phase II Utilities (gas, sewer and water) project at Huntington Beach High School in the amount of $82,070.  The amendment will be funded through the deferred maintenance program.

ARCHITECTURAL SERVICES FOR MODERNIZATION AT HUNTINGTON BEACH AND OCEAN VIEW HIGH SCHOOLS:  (IV-L)

Approval was granted to enter into an agreement with Y’Deen/Associates, Architects for architectural services for the modernization program at Huntington Beach and Ocean View high schools.  Fees for these services will be 8.6 percent of construction costs, based on specific architectural services required, and will be paid from the Measure C and State Bond funds.

ARCHITECTURAL SERVICES FOR MODERNIZATION AT EDISON, WESTMINSTER, MARINA AND FOUNTAIN VALLEY HIGH SCHOOLS:  (IV-M)

Approval was granted to enter into an agreement with LPA, Inc., for architectural services for modernization construction programs at Edison, Westminster, Marina and Fountain Valley high schools.  Fees for these services will be 8.5 percent of construction costs, based on specific architectural services required, and will be paid from the Measure C and State Bond funds.

ARCHITECTURAL SERVICES FOR FOUNTAIN VALLEY HIGH SCHOOL:  (IV-N)

Approval was granted to enter into an agreement with LPA, Inc., for architectural services for a replacement classroom building at Fountain Valley High School, under the State Modernization Program.  Fees for these services, estimated at $332,600, will be paid from State Modernization Program funds.

AWARD OF BIDS:  (IV-O)

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.

MAY 2004 DISBURSEMENTS:  (IV-P)

A recap of the payments processed during the month of May 2004 was presented.

EMERGENCY RESOLUTION, CHANGE ORDER FOR CONTRACT 9134 WITH BENERGY, INC.:  (IV-Q)

Approval was granted to adopt a resolution authorizing the increase of Contract 9134 with Benergy, Inc. for work performed on the Edison High School soccer field lighting on an emergency basis without formal bidding.  It was also moved that a change order in the amount of $10,290 be approved, to be paid from District Maintenance funds.

RESOLUTION

 NO. 1:

AYES:             HARPER, CASTREY, HENRY, GARLAND, SIMONS

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

RESOLUTION - ADDTNL INCOME AND EXPENDITURES - VARIOUS CATEGORICAL PROJECTS:  (IV-R)

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 $247,684 within the General Fund for the fiscal year 2003-04.

RESOLUTION

 NO. 2:

AYES:             HARPER, CASTREY, HENRY, GARLAND, SIMONS

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

RESOLUTION - ADDTNL INCOME AND EXPENDITURES - VARIOUS CATEGORICAL PROJECTS:  (IV-S)

The district has been notified of increases in funding for various categorical projects and other funding sources.  Approval is recommended to adopt a resolution increasing income and expenditures by the net amount of $100,273 within the General Fund for the fiscal year 2003-04. 

RESOLUTION

 NO. 3:

AYES:             HARPER, CASTREY, HENRY, GARLAND, SIMONS

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

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

Approval was granted to adopt a resolution which authorizes the transfers made within the approved budgets of the General Fund and the Deferred Maintenance Fund for 2003-04.

RESOLUTION

 NO. 4:

AYES:             HARPER, CASTREY, HENRY, GARLAND, SIMONS

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

RESOLUTION ESTABLISHING TAX RATES FOR BONDS:  (V-A)

It was moved by Mrs. Henry, seconded by Ms Castrey, to adopt a resolution requesting the Board of Supervisors of the County of Orange to establish a tax rate for the Huntington Beach Union High School District’s Series 2004 Bonds and authorizing staff and the financing team to take such actions that may be necessary.

RESOLUTION

 NO. 5:

AYES:             CASTREY, HENRY, GARLAND, SIMONS

NOES:             HARPER

ABSENT:        NONE

                                                            Resolution adopted 4-1.

                                                            Mr. Harper voted no.

RESOLUTION AUTHORIZING ISSUANCE OF BONDS:  (V-B)

It was moved by Ms Castrey, seconded by Mrs. Henry, to adopt a resolution authorizing issuance of the District’s Series 2004 Bonds, in a maximum principal amount of $185 million; approving the substantially final forms of the Series 2004 Bonds financing terms and documents; approving the substantially final form of the Series 2004 Bonds Preliminary Official Statement; and authorizing staff and the financing team to take such actions that may be necessary to complete the issuance of the Series 2004 Bonds.  Cost of issuance will be funded from the proceeds of the Bonds.  Documents are available for review in the Business Division.

RESOLUTION

 NO. 6:

AYES:             CASTREY, HENRY, GARLAND, SIMONS

NOES:             HARPER

ABSENT:        NONE

                                                            Resolution adopted 4-1

                                                            Mr. Harper voted no.

ADMINISTRATIVE EVALUTION COMPETENCY:  (VI-A)

It was moved by Ms Castrey, seconded by Mr. Harper, to certify staff members Sara Branstetter, Vice Principal, and Kathleen Lommen, Assistant Principal at Marina High School; and Rod Raschke, Assistant Principal at Ocean View High School, who have exhibited competency in administrative evaluation pursuant to Board Policy 4315.1.

                                                            Motion unanimously carried.

BOARD POLICY REVISIONS:  (VII-A)

It was moved by Ms Castrey, 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:

BP 1312.3

Community Relations

Uniform Complaint Procedures

Mr. Harper offered an amendment to the main motion, to add Westminster School District’s definition of gender as follows:

“Gender is the biological sex of an individual or the alleged discriminator’s perception of the alleged victim’s sex, and includes the alleged discriminator’s perception of the victim’s identity, appearance, or behavior, whether or not that identity, appearance or behavior is different from that traditionally associated with the victim’s sex at birth.  The perception of the alleged victim is not relevant to the determination of “gender” for purposes of the Uniform Complaint Procedure.  It is the perception of the alleged discriminator which is relevant.”

                                                Motion died for lack of a second.

Vote on main motion:

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

BOARD POLICY REVISIONS:  (VII-B)

It was moved by Ms Castrey, 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:

BP 5145.8

Students

Nondiscrimination/Harassment

Mr. Harper offered an amendment to the main motion, to add Westminster School District’s definition of gender as follows:

“Gender is the biological sex of an individual or the alleged discriminator’s perception of the alleged victim’s sex, and includes the alleged discriminator’s perception of the victim’s identity, appearance, or behavior, whether or not that identity, appearance or behavior is different from that traditionally associated with the victim’s sex at birth.  The perception of the alleged victim is not relevant to the determination of “gender” for purposes of the Uniform Complaint Procedure.  It is the perception of the alleged discriminator which is relevant.”

                                                Motion died for lack of a second.

Vote on main motion:

                                                Motion carried 4-1.

                                                Mr. Harper voted no.

NEW BUSINESS:

Mr. Harper asked for a Board member to attend the August agenda review meeting on his behalf as he will be out of state.  Ms Castrey will check.

Dr. Riley pointed out the meeting of the Oversight Committee which will take place on Thursday, August 12, 2004 at 5 p.m. in Conference Room B.  Dr. Simons discussed the establishment of a new position for a Board member to be Oversight Committee liaison.  He asked Mr. Garland to fill this position.  Materials will be provided to Dr. Simons and Mr. Garland.

ANY OTHER PUBLIC COMMUNICATION:

None.

ADJOURNMENT:

The meeting was adjourned at 8:32 p.m.

______________________________

                           Clerk

                                    Secretary