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

August 31, 2004

CALL TO ORDER:

The meeting was called to order at 6:35 p.m. by the Vice President, Ms Castrey.

CLOSED SESSION: (I)

1.      The Board recessed to closed session at 6:36 p.m. to consider:  Student Records Appeal – Education Code sections 35146, 49070(a) and 48917(e)

2.      Parent Appeals – Education Code sections 35146 and 48260 – was cancelled

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

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  had voted to deny the Student Records Appeal 5-0.  The Parent Appeal was cancelled.  A negotiations update was given.

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.

PUBLIC HEARING - ADOPTION OF 2004-05 REVISED FINAL BUDGET:  (III-B)

Dr. Patricia Koch presented the Revised Budget for 2004-05 and the unaudited actuals for 2003-04.  A public hearing on the adoption of the revised 2004-05 budget was held.  Dr. Simons gaveled the hearing open.  There being no input, the hearing was declared closed. 

PUBLIC COMMUNICATION TO THE BOARD:  (III-D)

Maureen Lawson, staff member, commented on a facilities issue at the Adult School.

Sally Fox Edwards and Joe Rosenblatt, parents, spoke in support of a Yellow Ribbon Suicide Prevention program presentation.

Glen Brooks, community member, spoke concerning uniform complaint procedure.

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 July 20, 2004.

                                                            Motion unanimously carried.

PUBLIC HEARING – APPROVAL OF OVHS PEA WORK PLAN:

(III-C)

A public hearing was held on the approval of the Preliminary Environmental Assessment (PEA) work plan for the Ocean View High School Addition.  Dr. Simons gaveled the hearing open.  There being no input, the hearing was declared closed.  Staff will review comments on the PEA work plan and forward comments to the Department of Toxic Substances Control for evaluation.

PRESENTATION - PARENT SURVEY RESULTS:  (III-E)

The district’s parent survey was conducted in May 2004 by Management Support Services.  A report of the survey statistics, trends, and related details was presented by survey director, Gayle Wayne.  This survey has been performed in this district since 1994.

District-wide top six positives are:

Support “Zero Tolerance”

Feel welcome at school

General satisfaction with the school

Student feels safe at school

Staff shows respect for parents

Education program developing responsible, productive       

Citizens

District-wide top six negatives are:

Adequately informed by student

Parents have opportunities for input

School is clean and well maintained

Informed about activities and programs

Academic programs meet my expectations

Discipline consistently enforced

Board members asked questions.  Copies of the presentation will be provided to Board members.

STAFF PRESENTATION – ZERO TOLERANCE POLICY:  (III-F)

Dr. Carol Osbrink, Assistant Superintendent, Educational Services, presented information regarding the district’s zero tolerance policy.  Dr. Osbrink stated that the safety of staff and students has and always will be the strongest priority.  She indicated that the district deals with students decisively; however, the discipline we take varies with each student.  Dr. Osbrink outlined Education Code 48915 which deals with the mandatory expulsion process.  Discussion took place concerning the district’s handling of expulsions.

CONSENT CALENDAR:  (IV)

It was moved by Ms Castrey, seconded by Mr. Garland,  to approve the Consent Calendar as presented, with one item of addenda to IV-B, Personnel Report, and the addition of a WOCCSE action item.  Mr. Harper pulled Purchase Order 574A0020, page 1, Eileen Padberg, in the amount of $33,000, for separate consideration. 

                                             Motion unanimously carried.

Regarding IV-V, Purchase of Modular Buildings Using a Contract of Val Verde USD, Dr. Koch advised the Board that staff plans to proceed with the purchase of two modular classrooms from the piggyback contract that Val Verde Unified School District has with Modtech, Inc..  These classrooms will replace those ordered from Aurora Modular for the New Ventures expansion.  Aurora has declared bankruptcy.  There is some risk that the bankruptcy court will require the district to honor its purchase order with Aurora; however, with the start of the new school year, staff felt we must proceed with the purchase from Modtech.

It was moved by Ms Castrey, seconded by Mr. Harper, to move forward with this purchase but request staff to determine a use for the second portable, find another buyer for it, and provide the Board with another option.

                                             Motion unanimously carried.

PURCHASE ORDERS: (IV-A)

Purchase orders in the amount of $3,477,8895.88 were approved as presented, with the exception of Purchase Order 574A0020, page 1, Eileen Padberg, in the amount of $33,000, which was pulled by Mr. Harper for separate consideration

PERSONNEL REPORT:  (IV-B)

Approval was granted for the Classified and Certificated Personnel Report No. 2 as presented, with addendum.

PROFESSIONAL AND OFFICIAL BUSINESS ACTIVITIES:

(IV-C)

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

Dr. Simons indicated that in the past he has pulled this item when his son’s name has appeared.  However, Dr. Riley has checked with counsel and as his son is an independent adult, there is no conflict, therefore there is no need to abstain.

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 CONTRACTS/

ADDENDUM -

WOCCSE:  (IV-F)

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

PART C RESPITE COSTS REIMBURSEMENT- WOCCSE:  (IV-G)

Approval was granted for the Huntington Beach Union High School District (WOCCSE) to reimburse the parents of an infant for respite care in an amount not to exceed $270 for the period June 23, 2004 to October 16, 2004.  Respite care is determined to be an appropriate service under Part C criteria of the infant’s Individual Family Service Plan (IFSP).

PART C RESPITE COSTS REIMBURSEMENT- WOCCSE:  (IV-H)

Approval was granted for the Huntington Beach Union High School District (WOCCSE) to reimburse the parents of an infant for respite care in an amount not to exceed $1,782 for the period July 13, 2004 to February 11, 2007.  Respite care is determined to be an appropriate service under Part C criteria of the infant’s Individual Family Service Plan (IFSP).

PART C RESPITE COSTS REIMBURSEMENT- WOCCSE:  (IV-I)

Approval was granted for the Huntington Beach Union High School District (WOCCSE) to reimburse the parents of an infant for respite care in an amount not to exceed $1,836 for the period June 30, 2004 to March 4, 2007.  Respite care is determined to be an appropriate service under Part C criteria of the infant’s Individual Family Service Plan (IFSP).

PARENT REIMBURSEMENT FOR TRANSPORTATION OF A SPECIAL EDUCATION STUDENT:  (IV-J)

Approval was granted to reimburse the parent of a special education student in an amount not to exceed $3,250 for mileage in transporting a special education student during the period July 1, 2004 to June 30, 2005, pursuant to the IEP team recommendation.

NEW BASIC TEXTBOOK ADOPTION – FIRST AND SECOND LISTS:  (IV-K)

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

NEW BASIC TEXTBOOK ADOPTION – THIRD LIST:  (IV-L)

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

APPLICATION FOR FUNDING - MORGAN-HART CLASS SIZE REDUCTION PROGRAM:  (IV-M)

Approval was granted to submit an application to the California Department of Education for continued participation in the Morgan-Hart Program to Reduce Class Size in Grade 9.  Funding, estimated at $370,080 for the 2004-05 school year, will be used in conjunction with federal Title II funds to hire additional teachers to support reduced class size in designated language arts and mathematics classes.  No matching funds are required.  Authorization to expend funds upon receipt was granted.

APPLICATION FOR FUNDING - CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION ACT:  (IV-N)

Approval was granted to submit an application to the California Department of Education for funding under Section 131 of the Carl D. Perkins Vocational and Applied Technology Education Act.  Preliminary funding allocation for the 2004-05 school year is in the amount of $271,204.  Funds will be used to support business education, industrial technology, family and consumer sciences, and agricultural programs.  No district matching funds are required.  Authorization to expend funds upon receipt is requested.

ACCEPTANCE OF FUNDING – GIFTED AND TALENTED EDUCATION PROGRAM (GATE):  (IV-O)

Approval was granted to accept funding from the California Department of Education for continued participation in the Gifted and Talented Education (GATE) Program.  Funding, estimated in the amount of $120,000 for the 2004-05 school year, will be used to supplement existing instructional materials and staff development activities.  No matching district funds are required.  Authorization to expend funds upon receipt was granted.

INTERDISTRICT ATTENDANCE AGREEMENT – FONTANA UNIFIED SCHOOL DISTRICT:  (IV-P)

Approval was granted for an Interdistrict Attendance Agreement with Fontana Unified School District effective July 1, 2003 through June 30, 2008.  This agreement will allow each district to consider the enrollment of students who reside in the other district, providing the requesting student has a proper attendance permit and space is available at the requested school.

NOTICE OF COMPLETION - FVHS & EHS: 

(IV-Q)

Approval was granted to file a Notice of Completion on Contract 9243 for Re-plaster of Swimming Pools at Fountain Valley High School and Edison High School by San Andell Swimming Pools, and to pay the 10 percent retention after filing.

NOTICE OF COMPLETION - WHS:  (IV-R)

Approval was granted to file a Notice of Completion on Contract 9242 for Asphalt Replacement at Westminster High School by Universal Asphalt, and to pay the 10 percent retention after filing. 

NOTICE OF COMPLETION - EHS:  (IV-S)

Approval was granted to file a Notice of Completion on Contract 9134 for Light Standards at Edison High School by Benergy Inc., and to pay the 10 percent retention after filing.

NOTICE OF COMPLETION – WHS  (IV-T)

Approval was granted to file a Notice of Completion on Contract 9364 for the Backbone Conduit System to Farm at Westminster High School by Cornerstone General Inc., and to pay the 10 percent retention after filing.

CONTRACT CHANGE NOTICES:  (IV-U)

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

PURCHASE OF MODULAR BUILDINGS USING A CONTRACT OF VAL VERDE USD:  (IV-V)

Approval was granted to allow the purchase of modular buildings through Modtech, Inc. using a piggyback contract of Val Verde Unified School District.

AMENDMENT

NO. 1 TO LEASE AGREEMENT WITH MENTAL HEALTH SYSTEMS, INC.:  (IV-W)

Approval was granted for Amendment No. 1 to the Lease Agreement with Mental Health Systems, Inc. for the New Ventures Program at Marina High School.  Amendment No. 1 corrects the location of the New Ventures Program to Marina High School from Valley Vista High School.  All other articles remain unchanged.

PRELIMINARY ENVIRONMENTAL ASSESSMENT - OCEAN VIEW HIGH SCHOOL EXPANSION:

(IV-X)

Approval was granted to adopt a Preliminary Environmental Assessment (PEA). The PEA work plan consists of the sampling of soils for hazardous materials associated with the proposed new classroom and science lab building at Ocean View High School. 

AGREEMENT – EXTENSION OF TEMPORARY FIRE STATION LEASE:

(IV-Y)

Approval was granted to extend the lease permitting the Orange County Sanitation District (OCSD) to establish a temporary fire station for the City of Huntington Beach on the asphalt playground area located on the southwest portion of the District Office site.

FOOD AND NUTRITION SERVICES PRICING SCHEDULE FOR 2004-05:  (IV-Z)

Approval was granted for the 2004-05 Pricing Schedule for the Food and Nutrition Program.

JUNE AND JULY 2004 DISBURSEMENTS:  (IV-AA)

Recaps of the payments processed during the months of June and July 2004 were presented.

ENROLLMENT & ADA:  (IV-BB)

A report on enrollment and ADA for the period May 24 to June 17, 2004 was presented. 

QUARTERLY FINANCIAL REPORT:  (IV-CC)

In accordance with Government Code 53646(e), a financial report for the quarter ending June 30, 2004 and a certification regarding the district’s ability to meet its cash flow needs for the next six months are provided.  Full reports are available for review in the Business Division.  The district’s investment policy has been reviewed.

WORKERS’ COMPENSATION ACTUARIAL REPORT:  (IV-DD)

Approval was granted to receive the Actuarial Report on the District’s Workers’ Compensation Program prepared by Bay Actuarial Consultants.  The Workers’ Compensation rate for 2004-05 was set at $2.50/$100 payroll in the June budget. 

RESOLUTION - ACQUISITION OF SURPLUS STATE OR FEDERAL PROPERTY:

(IV-EE)

Approval was granted to adopt a resolution which empowers selected district administrators to authorize the acquisition of surplus federal or state property from the California State Agency for Surplus Property. 

RESOLUTION

 NO. 7:

AYES:             HARPER, CASTREY, HENRY, GARLAND, SIMONS

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

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

Approval was granted to adopt a resolution that authorizes the transfers made within the approved budget of various funds for 2003-04.

RESOLUTION

 NO. 8:

AYES:             HARPER, CASTREY, HENRY, GARLAND, SIMONS

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

RESOLUTION - ADTNL INCOME & EXPENDITURES – VARIOUS FUNDS:  (IV-GG)

The district has been notified of increases and decreases in funding for various funds.  Approval was granted to adopt a resolution increasing income and expenditures by the net amount of $219,155 within various funds for the fiscal year 2003-04

RESOLUTION

 NO. 9:

AYES:             HARPER, CASTREY, HENRY, GARLAND, SIMONS

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

RESOLUTION - ADTNL INCOME & EXPENDITURES – VARIOUS CATEGORICAL PROJECTS AND OTHER FUNDING SOURCES:  (IV-HH)

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 $402,601 within the General Fund for the fiscal year 2003-04.

RESOLUTION

 NO. 10:

AYES:             HARPER, CASTREY, HENRY, GARLAND, SIMONS

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

WOCCSE – SETTLEMENT OF CASE NO. SN03-02108:  (Additional item – not on original agenda)

Approval was granted for the Confidential Interim Agreement related to California Special Education Hearing Office Case SN03-02180, and the Non-public School Contract for the 2004-05 school year related to the same case. The West Orange County Consortium for Special Education will receive invoices and process payment within the terms of the agreement.

PURCHASE ORDERS 574A0020: (IV-A)

It was moved by Ms Castrey, seconded by Ms Henry, to approve Purchase Order 574A0020, page 1, Eileen Padberg, in the amount of $33,000.

                                                             Motion carried 4-1.

                                                            Mr. Harper voted no.

FINAL BUDGET ADOPTION:  (V-A)

It was moved by Mr. Garland, seconded by Ms Castrey, to approve the Revised Final Budget for 2004-05 as presented.

                                                             Motion carried 4-1.

                                                            Mr. Harper voted no.

PLACEHOLDER FOR STRATEGIC PLAN:  (VI-A)

It was moved by Mrs. Henry, seconded by Mr. Garland, to expend an additional $135,000 from the General Fund to move forward with the district’s Strategic Plan “Our Second Century of Excellence – Meeting the Challenge.”  These additional funds will be used to improve site cleanliness, purchase disaster preparedness supplies, increase the time of our loss control specialist, and increase budgets for athletic trainers.  This amount is in addition to the $613,800 for grade nine support programs included in the Final Budget.  A report was provided to the Board under separate cover.

                                                            Motion unanimously carried.

RESOLUTION – OPPOSITION OF SENATE BILL 2: 

(VI-B)

It was moved by Mr. Harper, seconded by Mrs. Henry, to adopt a resolution opposing Senate Bill 2 – Mandatory Healthcare Legislation.

RESOLUTION

 NO. 11:

AYES:             HARPER, HENRY, GARLAND, SIMONS

NOES:             CASTREY

ABSENT:        NONE

                                    Resolution adopted 4-1.

                                    Ms Castrey voted no.

RESOLUTION – OPPOSITION OF GAMBLING REVENUE ACT OF 2004:  (VI-C)

It was moved by Mr. Harper, seconded by Mrs. Henry, to adopt a resolution opposing the Gambling Revenue Act of 2004. 

RESOLUTION

 NO. 12:

AYES:             HARPER, CASTREY, HENRY, GARLAND, SIMONS

NOES:             NONE

ABSENT:        NONE

                                    Resolution unanimously adopted.

NEW BUSINESS:

Mr. Harper reminded Board members that under Public Communication a member of the public had requested the Board to review or reconsider action taken concerning uniform complaint procedures.

Ms Castrey commented on the speakers concerning yellow ribbons.  It was agreed that the Board does not need a presentation but that staff will follow up.

Dr. Koch stated she would follow up on the concerns expressed by the speaker from the Adult School.

Mrs. Henry indicated that she had attended a meeting last week with Dr. Osbrink and representatives from at least three of our comprehensive high schools regarding the formation of a newly named Booster Advisory Board.  This will be a district adjunct group of parents who have volunteered to serve in an advisory capacity to the booster organizations of the six high schools.  Mrs. Henry suggested that a Board member be named at the Annual Organizational Meeting to provide Board representation to this group.  Mrs. Henry volunteered to sit on the board for the remainder of this year.

ANY OTHER PUBLIC COMMUNICATION:

None.

ADJOURNMENT:

The meeting was adjourned at 9:50- p.m.

______________________________

                           Clerk

______________________________

                        Secretary