OFFICE OF THE SUPERINTENDENT MEETING OF THE BOARD OF EDUCATION TUESDAY, FEBRUARY 21, 2012 1515 Hughes Way, Long Beach, CA 90810 A G E N D A OPEN SESSION – 2:45 p.m., Room 464 ORDER OF BUSINESS 1. Call to Order 2. Announcements In accordance with California Government Code Section 54950 and following, the various matters to be considered in Closed Session today will be announced. 3. Public comments on items listed on the Closed Session agenda. CLOSED SESSION – Room 464 4. Student Discipline Matters Pursuant to CA Education Code Section 48900 and following 5. Confidential Student Matters Pursuant to CA Education Code Section 35146 6. Public Employee Discipline/Dismissal/Release 7. Public Employee Evaluation: Superintendent of Schools 8. Public Employee Appointment: Elementary School Principal, Elementary School Vice Principal, Middle/ K-8 School Principal, Middle K-8 School Assistant Principal, High School Principal, High School Principal of Instruction, High School Assistant Principal, Director, Assistant Director, Program Specialist, Program Administrator, Administrative Assistant 9. Conference with Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of CA Government Code Section 54956.9. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 10. Conference with Legal Counsel--Existing Litigation Pursuant to subdivision (a) of CA Government Code Section 54956.9 Case Nos. BC402931, 2008090863, SC.073008.560, NC052821, OCR No. 09-09-1079, 09-09-1053, BC411504, NC053373, 03-0406, LBU-04-100609, BC408755, 239-09/10, 332-09/10, 30-2008 00108982, OCR No. 09-11-1220 and OCR No. 09-11-1780 11. Collective Bargaining Proceedings Pursuant to Government Code Section 3549.1 12. Hearing of Complaints or Charges Brought Against an Employee by Another Person or Employee Pursuant to Government Code Section 54957 for the following positions: Classroom Teachers, School Site Administrators, School Site Classified Employees. (Subject to 24 Hour Prior Notice to the Employee. This item may be heard in open session during this time period should the employee so choose pursuant to Section 54957.) OPEN SESSION – 5:00 p.m., Community Room ORDER OF BUSINESS SUBJECT DISPOSITION 13. Pledge of Allegiance and Call to Order 14. In accordance with California Government Code Section 54957.7, the reports required of 54957.1 regarding actions taken in Closed Session will be made in writing at this time. The written report forms will continue to be made available upon request to the Assistant Secretary of the Board of Education. 15. Public Hearing None Information
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OFFICE OF THE SUPERINTENDENT
MEETING OF THE BOARD OF EDUCATION TUESDAY, FEBRUARY 21, 2012
1515 Hughes Way, Long Beach, CA 90810
A G E N D A OPEN SESSION – 2:45 p.m., Room 464 ORDER OF BUSINESS 1. Call to Order 2. Announcements
In accordance with California Government Code Section 54950 and following, the various matters to be considered in Closed Session today will be announced.
3. Public comments on items listed on the Closed Session agenda. CLOSED SESSION – Room 464 4. Student Discipline Matters Pursuant to CA Education Code Section 48900 and following 5. Confidential Student Matters Pursuant to CA Education Code Section 35146 6. Public Employee Discipline/Dismissal/Release 7. Public Employee Evaluation: Superintendent of Schools 8. Public Employee Appointment: Elementary School Principal, Elementary School Vice Principal, Middle/
K-8 School Principal, Middle K-8 School Assistant Principal, High School Principal, High School Principal of Instruction, High School Assistant Principal, Director, Assistant Director, Program Specialist, Program Administrator, Administrative Assistant
9. Conference with Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of CA Government Code Section 54956.9. Significant
exposure to litigation pursuant to subdivision (b) of Section 54956.9 10. Conference with Legal Counsel--Existing Litigation
Pursuant to subdivision (a) of CA Government Code Section 54956.9 Case Nos. BC402931, 2008090863, SC.073008.560, NC052821, OCR No. 09-09-1079, 09-09-1053, BC411504, NC053373, 03-0406, LBU-04-100609, BC408755, 239-09/10, 332-09/10, 30-2008 00108982, OCR No. 09-11-1220 and OCR No. 09-11-1780
11. Collective Bargaining Proceedings Pursuant to Government Code Section 3549.1 12. Hearing of Complaints or Charges Brought Against an Employee by Another Person or Employee Pursuant to Government Code Section 54957 for the following positions: Classroom Teachers, School
Site Administrators, School Site Classified Employees. (Subject to 24 Hour Prior Notice to the Employee. This item may be heard in open session during this time period should the employee so choose pursuant to Section 54957.)
OPEN SESSION – 5:00 p.m., Community Room ORDER OF BUSINESS SUBJECT DISPOSITION 13. Pledge of Allegiance and Call to Order 14. In accordance with California Government Code Section 54957.7, the reports required of 54957.1
regarding actions taken in Closed Session will be made in writing at this time. The written report forms will continue to be made available upon request to the Assistant Secretary of the Board of Education.
15. Public Hearing None Information
AGENDA - Board of Education Meeting February 21, 2012 Page 2 16. Call for Agenda Items for Separate Action/Adoption of the Agenda as Posted Action 17. Approval of Minutes February 6 and February 7, 2012 Action 18. Communications Recognition of Retirees Information 19. Public Testimony on Items
Listed on Agenda (5 mins./Person, limit of 30 minutes)
20. Staff Report Visitation Report Information 21. Public Testimony on Items
Not Listed on Agenda (3 mins/Person, limit of 30 minutes)
22. Business Items Action Items Personnel Action Instruction Action Finance Report Action Business Department Report Action Purchasing & Contract Report Action 23. Other Items Superintendent Items Student Expulsion Action 24. Unfinished Business None Information/Action 25. New Business Budget Reductions and Revisions - Phase I Information/Action
Lincoln and Whittier Elementary Schools Boundary Adjustments
Action
Robinson K-8 Academy and Burnett Elementary School Boundary Adjustments
Action
Roosevelt, Burnett, International and Lafayette Elementary Schools Boundary Adjustments
Action
Measure K Local Hiring Policy Action
Selection of Board of Education Vice President Action
Board Meeting Schedule Action
Resolution 022112-A, Authorizing the Issuance of the Long Beach Unified School District (Los Angeles County, California) 2012 General Obligation Refunding Bonds
Action
Resolution 022112-B, Accept City of Long Beach’s Quitclaim of Right of Way at the Roosevelt Elementary School Site
Action
Resolution 022112-C, Accept City of Long Beach’s Quitclaim of Right of Way at the Future New High School #2 at the Browning Site
Action
AGENDA - Board of Education Meeting February 21, 2012 Page 3 Resolution 022112-D, Accept Southern California
Gas Company’s Quitclaim of Right of Way at the Future New High School #2 at the Browning Site
Action
Resolution 022112-E, Reduction or Elimination of Certain Certificated Services.
Information/Action
26. Report of Board Members Information 27. Announcements Information 28. Adjournment & Setting of
Next Meeting The next regular business meeting will be held on TUESDAY, MARCH 6, 2012.
ACCESS TO PUBLIC DOCUMENTS Public records related to the open session agenda, that are distributed to the Governing Board less than 72 hours before a regular meeting, may be inspected by the public at the Board Office at 1515 Hughes Way, Long Beach, CA 90810, during regular business hours (8:00 a.m. to 4:40 p.m.).
REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Any individual with a disability who requires reasonable accommodation to participate in a Board meeting may request assistance by contacting the Superintendent's Office, 1515 Hughes Way, Long Beach, CA 90810; telephone: (562) 997-8240; fax: (562) 997-8280.
Board of Education
REVISED LONG BEACH UNIFIED SCHOOL DISTRICT _______________________________________________________________________________________ SUBJECT: Personnel Transactions Enclosures _______________________________________________________________________________________ CATEGORY: Business Items Reason for Board Consideration: Action
Human Resource Services Date: February 21, 2012
The following employees are retiring after many years of loyal service to the district. The Superintendent recommends that letters of appreciation be written to them in recognition of their service. 1. Certificated Personnel
It is recommended that the certificated personnel transactions indicated on the personnel report be approved as listed.
Key, Martha Teacher Mann 27 Stanley, Arnold Teacher Webster 35 Van Blom, Joan Teacher Curriculum 33 Walsh, Bobbi Teacher Burcham 32
2. Classified Personnel It is recommended that the classified personnel transactions indicated on the personnel report be approved as listed.
Name
Position
Location
Years of Service
Raz, Noli Reprographic Tech Duplicating Br 13 Warshauer, Donna Int Office Asst Spec Projects 14
bdrec0907
Ruth Perez Ashley-Annotated by Paula Smith Human Resource Services CERTIFICATED
REVISED 6REVISED Human Resource Services Long Beach Unified School District February 21, 2012 The Assistant Superintendent, Human Resource Services recommends the following proposed actions for Board approval subject to requirements of California law: APPOINTMENTS TO
Herrera, Jose Special Contract Teacher R-EPHS McConnell, Michel “ ” R-EPHS Subject to separation if no substitute service for the school year: Boyer, Leolyn Day to Day Substitute Teacher -retiree
(h) Lofstrom, Donald “ ”
(w) Pentarakis, Eftihios “ ”
Reed, Sheree “ ” -returning
INSERVICE CHANGES
Villegas, Talitha Additional Service – Additional Hourly psych assessments
LEAVES OF ABSENCE
NAME ASSIGNMENT DATES OF LEAVE
Donley, Kathryn Teacher
Webster
01/13/12 to 01/20/12
Other:care for family/mother passed away
Payne, Patricia Teacher
Powell 11/02/11 to 12/09/11 Family Medical Leave
NON-REELECTION OF REGULAR CONTRACT EMPLOYEE [EDUCATION CODE 44929.21(b)] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Chung, Peter Teacher Wilson
06/15/12
Kimble, Valarie Teacher
Buffum Pre-Kdg Center
06/15/12
Human Resource Services February 21, 2012 Board Recommendations Page 2 Certificated NON-REELECTION OF REGULAR CONTRACT EMPLOYEE [EDUCATION CODE 44929.21(b)] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Phan, Pashawna Teacher Holmes
06/15/12
RELEASE OF TEMPORARY CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Abu-Dayyeh, Norma
Hourly Teacher
LBSA
06/30/12
Alvarez, Davealyn Teacher Hoover
06/15/12
Azpeitia, Angelica Teacher Harte
07/26/12
Babcock, Kristina Teacher Marshall
06/15/12
Bartolome, Dennis
Hourly Teacher LBSA
06/30/12
Beebe, Julianne Teacher Hill
06/15/12
Bhatia, Renee Teacher Millikan
06/15/12
Blackwell, Ryan Teacher Cabrillo
06/15/12
Blocker, Carolyn
Hourly Teacher LBSA
06/30/12
Boeglin, Erin Teacher Jefferson
06/15/12
Boekelheide, Julie Teacher
Lakewood
06/15/12
Bogin, Lashonda
Hourly Counselor/Teacher Gifted Office/Hudson
06/15/12
Brennan, Michele Teacher 06/15/12
Human Resource Services February 21, 2012 Board Recommendations Page 3 Certificated RELEASE OF TEMPORARY CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Wilson
Brown, Yolanda Teacher Webster
06/15/12
Carr, Tiffany Teacher
Washington
06/15/12
Carroll, Michael Teacher Lakewood
06/15/12
Cassara, Janet
Hourly Teacher LBSA
06/30/12
Caverly, Rebecca
Hourly Teacher LBSA
06/30/12
Celestial, Julie Teacher Henry
06/15/12
Chu, Jennifer Teacher Lincoln
07/26/12
Clare, Frances Hourly Teacher LBSA
06/30/12
Connolly, Karen
Hourly Teacher LBSA
06/30/12
Costanza, Shelly Teacher McKinley
06/15/12
Coster, Trinette Teacher Henry
06/15/12
Coussell, Lisa Teacher
Avalon
06/15/12
Daniels, A’Shanda Teacher Lindsey
06/15/12
Dies, Karen Teacher Millikan
06/15/12
Donnelly, Mary Teacher Lindbergh
06/15/12
Human Resource Services February 21, 2012 Board Recommendations Page 4 Certificated RELEASE OF TEMPORARY CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Dougherty, Kevin Teacher Franklin
06/15/12
Duty, Elizabeth Teacher
Butler
06/15/12
Eisman, Kelli Teacher Hamilton
06/15/12
Ellis, Michelle Teacher Wilson
06/15/12
Gagnon, Diane Teacher Powell
07/26/12
Galaviz, Olga Teacher
Hoover 06/15/12
Garcia, Maria Teacher Hudson
06/15/12
Gayler, Tara
Hourly Teacher Mann/Prisk
06/15/12
Golden, Reisha
Hourly Teacher LBSA
06/30/12
Gomes, Mary
Hourly Teacher LBSA
06/30/12
Gonzales, Ariel
Hourly Counselor Gifted Office
06/15/12
Gonzales, Yvette
Hourly Teacher
LBSA
06/30/12
Gonzalez, Cindy
Hourly Counselor Gifted Office
06/15/12
Goonetilleke, Linda
Hourly Teacher LBSA
06/30/12
Gurba, Myriam Teacher Wilson
06/15/12
Human Resource Services February 21, 2012 Board Recommendations Page 5 Certificated RELEASE OF TEMPORARY CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Gutierrez, Michelle
Hourly Teacher LBSA
06/30/12
Harris, Marlies Teacher
Renaissance
06/15/12
Hatch, Julie
Hourly Teacher Madison
06/15/12
Hellerud, Jennifer Teacher Polytechnic
06/15/12
Heredia, Claudia
Hourly Teacher LBSA
06/30/12
Hernandez, Betzabel
Hourly Teacher LBSA
06/30/12
Hernandez, Irma
Hourly Teacher LBSA
06/30/12
Herrera, Jose A. Teacher EPHS
06/15/12
Herrera-Gonzalez, Alina Teacher Stephens
06/15/12
Hess, Toby Teacher Polytechnic
06/15/12
Hikita, Theresa
Hourly Teacher LBSA
06/30/12
Hilgenberg, Richard Teacher
Renaissance
06/15/12
Holt, Drew Teacher Renaissance
06/15/12
Holt, Jeanne Teacher Butler
06/15/12
Homiakof, Michele Teacher Jordan
06/15/12
Human Resource Services February 21, 2012 Board Recommendations Page 6 Certificated RELEASE OF TEMPORARY CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Jasprica, Mandy Teacher King
06/15/12
Joo, Victoria Teacher
Robinson
07/26/12
Kao, Mimi Teacher MacArthur
06/15/12
Kem, Sokvylay Teacher Lafayette
07/26/12
Kittleson, Kimberly Teacher Avalon
06/15/12
Kraslow, Darla
Hourly Counselor Gifted Office
06/15/12
Kroll, Roger
Hourly Teacher LBSA
06/30/12
Lau, Julie
Hourly Teacher LBSA
06/30/12
Lee, Sherry Lynn
Hourly Teacher LBSA
06/30/12
Leitner, Jaycee Teacher Willard
07/26/12
Lloyd, Emily Teacher Hamilton
06/15/12
Magana, Josefina
Hourly Teacher
LBSA
06/30/12
Mahan, Bryan Teacher Millikan
06/15/12
Martin, Chau Teacher McKinley
06/15/12
Mc Clung, Monica
Hourly Teacher LBSA
06/30/12
Human Resource Services February 21, 2012 Board Recommendations Page 7 Certificated RELEASE OF TEMPORARY CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Mc Connell, Michel Teacher EPHS
06/15/12
Mc Goldrick, James
Hourly Teacher
LBSA
06/30/12
Mendoza, Jennifer Teacher Garfield
06/15/12
Mitchell, Alison
Hourly Teacher LBSA
06/30/12
Moore, Lawrence
Hourly Teacher LBSA
06/30/12
Morales, Hilda Teacher Franklin
06/15/12
Murry, Jack Teacher Cabrillo
06/15/12
Nabbout, Janice
Hourly Counselor Webster
06/15/12
Newhard, Christina Teacher Washington
06/15/12
Nijhowne, Tara Teacher Hoover
06/15/12
Novoa, Cynthia Hourly Teacher Henry
06/15/12
Ochoa, Luz Teacher
Avalon
06/15/12
Orndoff, Natalia Teacher Lakewood
06/15/12
Paimany, Davy Teacher Hoover
06/15/12
Papale, Alicia Teacher Avalon
06/15/12
Human Resource Services February 21, 2012 Board Recommendations Page 8 Certificated RELEASE OF TEMPORARY CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Penttila, Scott Teacher Lindbergh
06/15/12
Perez, Nathan Teacher
Millikan
06/15/12
Quon, David
Hourly Teacher Jordan
06/15/12
Ramos, Jenny Teacher Webster
06/15/12
Ramos, Liseeth Teacher Washington
06/15/12
Reyes, Nicole Teacher
Washington 06/15/12
Rivas, Maria
Hourly Teacher LBSA
06/30/12
Rodriguez, Marisol Teacher Reid
06/15/12
Rodruck, Olga Hourly Teacher Henry
06/15/12
Saikley, Jessica Teacher Robinson
07/26/12
Samel, Chrysna Hourly Teacher LBSA
06/30/12
Sands, Erica Teacher
Polytechnic
06/15/12
Sasaki, Colleen
Hourly Teacher LBSA
06/30/12
Showley, Pamela Teacher Jordan
06/15/12
Simon, Susan
Hourly Teacher LBSA
06/30/12
Human Resource Services February 21, 2012 Board Recommendations Page 9 Certificated RELEASE OF TEMPORARY CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Soldan, Jennifer Teacher Burbank
07/26/12
Spencer, Thelma Teacher
Avalon
06/15/12
Strand, Laura Teacher Music Office
06/15/12
Suarez, Kathleen Teacher Stephens
06/15/12
Taboada-Pena, Roxana Teacher Jordan
06/15/12
Tariq, Jodi Teacher
McKinley 06/15/12
Thuney, David
Hourly Teacher Jordan
06/15/12
Tinsley, Kathryn Psychologist Tucker
06/15/12
Tritle, Amanda Hourly Teacher Hudson
06/15/12
Van, Kyle Teacher Stephens
06/15/12
Vander Meyde, Athena
Hourly Teacher LBSA
06/30/12
Vandezande, Laura
Hourly Teacher
Avalon
06/15/12
Varma, Judith
Hourly Teacher LBSA
06/30/12
Villegas, Talitha Psychologist Tucker
06/15/12
Watts, Sandra
Hourly Teacher LBSA
06/30/12
Human Resource Services February 21, 2012 Board Recommendations Page 10 Certificated RELEASE OF TEMPORARY CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated.
NAME ASSIGNMENT EFFECTIVE
Welch-Kitchen, Racquel Teacher Washington
06/15/12
Weyh, Lisa Marie Teacher
Robinson/Marshall
07/26/12
Whitmer, Linda Hourly Teacher LBSA
06/30/12
Williams, Marchell Teacher Wilson
06/15/12
Wolf, Ilan Teacher
Cleveland
06/15/12
Younger, Elisa Teacher Cabrillo
06/15/12
Zuschlag, Rosemary Teacher Washington
06/15/12
RETIREMENTS DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RETIREMENT
Boyer, Leolyn (30 yrs of service – will attend)
Teacher PALMS
09/11/90 01/31/12
Fuentes, Gloria (21 yrs of service – will not attend)
Teacher Head Start
09/14/94 06/22/12
Irwin, Curtis (26 yrs of service – will not attend)
Teacher Lakewood
09/08/86 06/18/12
Key, Martha (27 yrs of service – will not attend)
Teacher Mann
02/03/86 06/16/12
Stanley, Arnold (35 yrs of service – will not attend)
Teacher Webster
09/15/75 06/15/12
Van Blom, Joan (33 yrs of service – will attend)
Teacher Curriculum
09/15/80 03/02/12
Human Resource Services February 21, 2012 Board Recommendations Page 11 Certificated RETIREMENTS DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RETIREMENT Walsh, Bobbi (32 yrs of service – will attend)
Teacher Burcham
10/29/80 06/15/12
HUMAN RESOURCE SERVICES Office of the Assistant Superintendent
Human Resource Services Long Beach Unified School District The Assistant Superintendent, Human Resource Services, recommends the following proposed actions for Board approval subject to requirements of California law: APPOINTMENTS TO
Classified - Probationary
Abdon, David Hvy Trk/Bus/Auto Mechanic P-Transportation Br Arredondo, Teresa Int Accounting Asst P-Nutrition Svcs Butler, Bruce Custodian N-Jordan Caputi, Lori Speech-Lang Pathology Asst P-Tucker Admin Office Chase, Kathy Mail/Switchboard Svcs Asst P-Operation Br Facio Jr., Joseph Asst Grounds Service Mgr P-Operation Br Gaudy, Sara I Aid-Spc N-Hughes Graves, Benjamin I Aid-Spc N-Polytechnic Hirata-Okamoto, Marissa I Aid-Spc N-Cubberley Jackson, Jennifer I Aid-Spc N-Emerson Marchese, Nicolo Hvy Trk/Bus/Auto Mechanic P-Transportation Br Ring, Angela Speech-Lang Pathology Asst P-Tucker Admin Office Takahashi, Yumi Financial Svcs Officer N-Chief Bus Fin Office Tu, Gloria IA-Int Bhvl Trt N-Tucker Admin Office Weems, Lacinda I Aid-Spc N-Willard Wybenga, Donna Speech-Lang Pathology Asst P-Tucker Admin Office
Subject to separation if no substitute service for the school year
Taylor, Jeffrey Day to Day Substitute Custodian
Barba, Viviana Day to Day Substitute I Aid-Spc
Beldi, Christopher “ ”
Byer, Jeannie “ ”
Fitzgerald, Karen “ ”
Harris, Jinjer “ ”
Henson, Adrian “ ”
Logay, Elane “ ”
McCrea, Dione “ ”
Mutua Jr., Charles “ ”
Ramos, Rosario “ ”
Solorio, Thomas “ ”
Taylor, Deborah “ ”
Waters, Ryan “ ”
Kelm Trina Day to Day Substitute Int Office Asst
February 21, 2012
Annotated by L DeAnda
CLASSIFIED AND EXEMPT
REVISED
Human Resource Services February 21, 2012 Board Recommendations Page 2 Classified and Exempt
APPOINTMENTS TO
Subject to separation if no substitute service for the school year
Barajas, Alondra Day to Day Substitute Nutrition Svcs Wkr
Coker, Iyabo “ ”
Delgado, Maria “ ”
Ford, Jermaine “ ”
Ford, Starcania “ ”
James, Judy “ ”
King, Shenea “ ”
Moran, Paula “ ”
Moyano, Christina “ ”
Orozco, Freddie “ ”
Reed, Deborah “ ”
Rodriguez-Aguillon, Ingrid “ ”
Rosenthal, Lauren “ ”
Ruvalcaba, Oscar “ ”
Sierra, Joanna “ ”
Torres, Obdulia “ ”
Exempt
Phorn, Jasmine Cafeteria Student Asst
Richards, Alejandro “ ”
Jones, Cara Child Care Wkr
Baldwin Jr., Trevor DOR-TPP Student
Hyde, Marcus “ ”
Scott, Roshandra “ ”
Baker, Lauren Rec Aide
Davidson, Jacqueline “ ”
Lee, Heather “ ”
Roper, Jacob “ ”
Rosado, Heidi “ ”
Woodall, Katrina “ ”
Fox, Brendan Rec Aide-Kids’ Club
Ponce, Alyxandra “ ”
Temblador, Allyson Student Store Asst
Lee, Safia Student Tutor
In Accordance with California Code of Regulations, Title 5, Section 5593:
Baldridge, Carolann Instructor Athletics (HS)
Johnson, Jayme “ ”
Knight, Rodney “ ”
Miranda-Lizarraga, Fausto “ ”
Najera, Jesus “ ”
Wilson, Bradley “ ”
Human Resource Services February 21, 2012 Board Recommendations Page 3 Classified and Exempt APPOINTMENTS
Exempt
College Student Aide As needed, not to exceed 18 hours per week, with no authorization to work during the intersession & winter/spring break, subject to certification.
Alamo, Leana
Bin, Stacy
Dumais, Stacy
Jones, Breanna
McDonald, Jabari
Mom, Taealin
Mull, Brittney
Pate, Stephanie
Quintero, Maritza
Salgado, Jazmin
Ta, Linda
LEAVES OF ABSENCE
NAME ASSIGNMENT DATES OF LEAVE
Marin, Laura I Aid-Spc PAAL
01/31/12 to 09/03/12 Other
Swope, Earl I Aid-Spc Webster
01/13/12 to 01/20/12 Rest and Recreation
TERMINATION OF SERVICE
Dismissal – pursuant to Chapter XI, Section 11.1 (A, 1, 3, 7, 11, 12, 13) of the Rules and Regulations of the Classified Service. Close of work on date indicated. Permanent NAME ASSIGNMENT EFFECTIVE
Murray, William Carpenter
Maintenance Br 02/22/12
Human Resource Services February 21, 2012 Board Recommendations Page 4 Classified and Exempt RESIGNATIONS (BOARD POLICY 4117.2) DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RESIGNATION
Probationary
Richardson, Jacquelyn
Head Start Instr Aide Head Start
12/13/11 01/20/12
Permanent
Hood, Eric
Sch Safety Officer Sch Safety & Emerg Prep
07/30/07 02/02/12
Prince, Pamela
Head Start Health Mgr Head Start
10/16/00 02/24/12
RETIREMENTS DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RETIREMENT
Date: February 21, 2012 _________________________________________________________________________
1. APPROVE SINGLE PLAN FOR STUDENT ACHIEVEMENT 2011-2012
Approve the Single Plan for Student Achievement for Addams, Birney, Bryant, Burbank, Carver, Garfield, Grant, Lincoln and Signal Hill Elementary Schools; and Powell and
Robinson K-8 School. Each of the plans has been reviewed by Special Projects Services staff
for compliance. Each plan contains the components of effective planning based on needs,
assessment data, use of staff, parent involvement, and allocation of resources.
Prepared by Approved and Recommended by
James Suarez, Assistant Director Christopher J. Steinhauser
Special Projects Services Superintendent of Schools
Christine Dominguez, Deputy Superintendent
Curriculum, Instruction, Professional Development
Jill Baker, Assistant Superintendent
Elementary, K-8 & Middle Schools
Robert Williams, Director
Special Projects Services mb/js
CONSENT ITEM
SUBJECT: Finance Report
Enclosures
CATEGORY: Business Items Reason for Board
Consideration: Action
Business Department
Date:
Appropriation
Transfers
1.
FROM:
Books and Supplies
Services and Other Operating Expenditures
403,537$
TO:
Certificated Personnel Salaries
Classified Personnel Salaries
Employee Benefits
403,537$
2.
FROM:
Classified Personnel Salaries
Employee Benefits
Books and Supplies
54,657$
TO:
Certificated Personnel Salaries
Services and Other Operating Expenditures
54,657$
BOARD OF EDUCATION
LONG BEACH UNIFIED SCHOOL DISTRICT
Ratify Transfers of Appropriations between General Fund major objects of expenditure in
a net total of $403,537 as follows:
February 21, 2012
Ratify Transfers of Appropriations between Adult Education Fund major objects of
expenditure in a net total of $54,657 as follows:
384,544$
86,272$
117,591 199,674
18,993
11,730$
28,886 14,041
1,710 52,947$
Financial Report
Page 2
February 21, 2012
Increase/
Decrease
Budget
3.
a) Account No. 8699 - Records Management 1,981$
Account No. 4000 - Books and Supplies 1,981$
b) Account No. 8699 - Gifts to Elementary Sites 29,408$
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Business Department Report Enclosures
CATEGORY: Business Items Reason for Board
Consideration: Action
Chief Business and Financial Officer Date February 21, 2012 _______________________________________________________________________________________
Accept Gifts 1. Accept the gift of $4,000 from Lafayette Booster Club to the District. This gift will be used to purchase printers at Lafayette Elementary School.
2. Accept the gift of $500 from National Center for Family Literacy to the District. This
gift will be used for the District's Family Literacy program.
3. Accept the gift of $400 from Carver Elementary School PTA to the District. This gift
will be used for a field trip at Carver Elementary School.
4. Accept the gift of $110 from Aura Thai, Inc. to the District. This gift will be used for
the benefit of the students and staff at Longfellow Elementary School.
5. Accept the gift of $858.95 from Kettering Elementary School PTA to the District. This
gift will be used for library books at Kettering Elementary School.
6. Accept the gift of $321.04 from Kroger Foods to the District. This gift will be used for
the benefit of the students and staff at Longfellow Elementary School.
7. Accept the gift of $375 from Lia Ladas to the District. This gift will be used to
purchase copier toner for the Media Center at Wilson High School.
8. Accept the gift of $500 from Schools First Federal Credit Union to the District. This
gift will be used for the benefit of the students and staff at Hamilton Middle School.
9. Accept the gift of $150 from BP Fabric of America Fund to the District. This gift will be used for the benefit of the students and staff at Bryant Elementary School.
10. Accept the gift of $1,100 from Gant Elementary School PTA to the District. This gift will be used for the benefit of the students and staff at Gant Elementary School.
11. Accept the gift of $2,800 from Long Beach Shore Aquatics to the District. This gift
will be used to purchase pool chemicals at Wilson High School.
12. Accept the gift of $340 from Lakewood HS ATM Booster Club to the District. This gift
will be used for substitutes at Lakewood High School.
13. Accept the gift of $704.46 from Birney Elementary School PTA to the District. This
gift will be used for the Reading is Fundamental (RIF) program at Birney Elementary School.
Business Department Report February 21, 2012 Page 2
14. Accept the gift of $1,000 from Absolute Software to the District. This gift will be used
for the benefit of the students and staff at Lakewood High School.
15. Accept the gift of $4,000 from Lowe's Charitable and Educational Foundation to the District. This gift will be used for school improvement projects at Riley Elementary
School.
16. Accept the gift of $170 from various donors to the District. This gift will be used for
the Science Department at Wilson High School.
17. Accept the gift of $1,000 from JWT to the District. This gift will be used for the benefit
of the students and staff at International Elementary School.
18. Accept the gift of $394.02 from TerraCycle, Inc. to the District. This gift will be used for the benefit of the students and staff at Longfellow Elementary School.
19. Accept the gift of $250 from Orozco's Auto Service, Inc. to the District. This gift will be used for the benefit of the students and staff at Longfellow Elementary School.
20. Accept the gift of $199.90 from General Mills Box Tops for Education to the District. This gift will be used for the benefit of the students and staff at Holmes Elementary
School.
21. Accept the gift of $1,879.40 from General Mills Box Tops for Education to the District. This gift will be used for the benefit of the students and staff at Longfelllow
Elementary School.
22. Accept the gift of $507.10 from General Mills Box Tops for Education to the District.
This gift will be used for the benefit of the students and staff at Starr King Elementary
School.
23. Accept the gift of $700 from Scholarship America to the District. This gift will be used
for the benefit of the students and staff at Garfield Elementary School.
24. Accept the gift of $700 from Scholarship America to the District. This gift will be used
for the benefit of the students and staff at Holmes Elementary School.
25. Accept the gift of $700 from Scholarship America to the District. This gift will be used
for field trips at Gant Elementary School.
26. Accept the gift of $230.76 from Wells Fargo Foundation to the District. This gift will be used for the benefit of the students and staff at Chavez Elementary School.
27. Accept the gift of four (4) document cameras and three (3) projectors from Prisk Elementary School PTA and Loretta Yogi to the District. This gift will be used for the
benefit of the students and staff at Prisk Elementary School. Estimated value as
provided by the donor is $1,650.
28. Accept the gift of two (2) iBook G4 laptops from Longfellow Elementary School PTA
to the District. This gift will be used for the benefit of the students and staff at
Longfellow Elementary School. Estimated value as provided by the donor is $300.
Business Department Report February 21, 2012 Page 3
29. Accept the gift of four (4) PowerMac G5 computers from Vision Design Studio to the
District. This gift will be used for the benefit of the students and staff at Wilson High
School. Estimated value as provided by the donor is $9,000.
30. Accept the gift of a 2000 BMW 528i from Keith Schoose to the District. This gift will
be used for Auto Shop training at Jordan High School. Estimated value as provided
by the donor is $6,000.
31. Accept the gift of Point of Sale Equipment from San Mateo Foster City School District
to the District. This gift will be used for replacement parts for the current point of sale system used by Nutrition Services. Estimated value as provided by the donor is
$9,500.
32. Accept the gift of a Panasonic 27” Television from Victor Do to the District. This gift will be used in the Nutrition Center dining room. Estimated value as provided by the
donor is $250.
33. Accept the gift of an Ion Speaker System for iPod from Dave & Rosemary Sissons to
the District. This gift will be used for the benefit of the students and staff at Lafayette
Elementary School. Estimated value as provided by the donor is $200.
34. Accept the gift of an HP Laptop from Lakewood High School ASB to the District. This
gift will be used to replace broken computer in the Banker’s Office at Lakewood High
School. Estimated value as provided by the donor is $1,300.
35. Accept the gift of 134 safety glasses from Toyota Logistics Services, Inc. to the
District. This gift will be used in the Auto Shop classes at Lakewood, Jordan, Cabrillo, Millikan High Schools. Estimated value as provided by the donor is $300.
36. Accept the gift of three (3) Apex 46” LCD Televisions from Julie Kinzbursky ($412.16), John Maxson ($200.00), Ingrid Drake ($100), and Carolyn Tan ($483.12)
to the District. This gift will be used in the Music Classes at Poly High School.
Estimated value as provided by the donor is $1,195.28.
37. Accept the gift of a Toshiba 27” Television with Built-in VCR & DVD from Tressa
Gunnels to the District. This gift will be used as a prize incentive for the Gear Up
students at Millikan High School. Estimated value as provided by the donor is $200.
38. Accept the gift of an HP Laptop Computer from Lakewood High School ASB to the
District. This gift will be used for parent presentations for the counselors at
Lakewood High School. Estimated value as provided by the donor is $500.
Gifts Total 39. Total amount of monetary gifts on this report: $23,890.63.
Approve Final
Settlement
Agreement
40. Approve Final Settlement Agreement Case #SE-AJ-080593-022112-OAH Case No.
2012010583.
41. Approve Final Settlement Agreement Case #SE-AB011409-022112 (No OAH Case
Number).
Authorize
Disposal
42. Authorize the Purchasing and Contracts Director and/or his designee to dispose of
approximately 618 obsolete, broken or unusable surplus items. List is on file in the
Business Office.
Business Department Report February 21, 2012 Page 4
Recommendation:
Approve the items listed above.
Prepared by: Approved and recommended:
James Novak Christopher J. Steinhauser Chief Business & Financial Officer Superintendent of Schools
CONSENT ITEM
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
___________ ______________________________________________________________________ SUBJECT: Purchasing and Contract Report Enclosures CATEGORY: Business Items Reason for Board Consideration Action Business Department Date February 21, 2012 Contract Report The following contracts are submitted for approval and available upon request: After School
Agreement
1. Agreement 4653.01 with THE ART EXCHANGE VISUAL ART CENTER AND
STEPHEN ELICKER. Stephen Elicker will provide services to conduct an introduction to sculpture class located at The Art Exchange Visual Art Center for
students participating in the WRAP after school program at Renaissance High
School for the Arts. Agreement effective January 1, 2012 through June 6, 2012. The Art Exchange Visual Art Center to provide an in-kind contribution valued at
$1,000. Total cost, including materials and supplies, to Stephen Elicker to be a
maximum of $2,210. [Originator-Renaissance/Funding-NCLB:Title IV, Part B, 21st Century Community Learning Centers Program*]
Clinical
Experience Agreement
2. Agreement 6426.04 with CALIFORNIA STATE UNIVERSITY, LONG BEACH, for
students to be assigned to LBUSD for nursing fieldwork experience. Agreement effective February 22, 2012 through February 12, 2017. No cost to the District.
[Originator-Spec. Ed.]
Facilities Use Agreement
3. Agreement 3498.05 with LONG BEACH COMMUNITY COLLEGE DISTRICT, for use of Veterans Stadium for Poly High School footballs games. Agreement effective September 9, 2011 through November 10, 2011. Total cost to be a maximum of $28,518.02 [Originator-Poly/Funding-High School Regular]
Instructional Support Agreement
4. Agreement 4257.02 with LONG BEACH COMMUNITY COLLEGE DISTRICT, to provide outreach services to GEAR UP students attending Cabrillo, Jordan, Lakewood, Millikan, Polytechnic, and Wilson high schools. Agreement effective July 1, 2011 through June 30, 2012. Total cost to be a maximum of $50,000. [Originator-Deputy Superintendent/Funding-GEAR UP*]
Internship Agreement
5. Agreement 3047.03 with THE BOEING COMPANY, to provide internships for California Academy of Mathematics and Science (CAMS) students in the area of aerospace engineering, customer support, and business operations and administration. Agreement effective June 1, 2012 through August 31, 2014. No cost to the District. [Originator-CAMS]
Reimbursement Agreements
6. Agreement 3986.01A with CITY OF LONG BEACH, to provide reimbursement for cost of bus passes for Beach High School students participating in the LB GRIP4 -Project. Agreement effective January 1, 2012 through December 31, 2012. Maximum amount of reimbursement to be $5,000. [Originator-Beach]
Purchasing & Contracts Report
February 21, 2012 Page 2
7. Agreement 7295.08 with CITY OF LONG BEACH, to reimburse the District for
providing Even Start Family Literacy services for families in Long Beach. Agreement effective July 1, 2011 through June 30, 2012. Estimated reimbursement to be $85,000. [Originator-LBSA]
Special Education Agreements
8. Agreement 3160.05 with WEST SHIELD ADOLESCENT SERVICES, to provide services to accompany and transport students with exceptional needs to out of state non-public schools. Agreement effective July 1, 2011 through June 30, 2012. Total cost to be a maximum of $20,000. [Originator-Spec. Ed./Funding-Transportation:Special Education (Severely Disabled/Orthopedically Impaired)]
9. Agreement 3909.03A with CLUB Z, to provide educational tutoring services for a student with exceptional needs. Agreement effective October 19, 2011 through June 30, 2012. [Originator-Spec. Ed./Funding-Spec. Ed.]
10. Agreement 4493.02B with HEAR WELL CENTER, to provide a central auditory processing assessment and hearing test for a student with exceptional needs. Agreement effective October 1, 2011 through February 20, 2012. [Originator-Spec. Ed./Funding-Spec. Ed.]
11. Agreement 4656.01 with SUSAN HOLLAR DBA HOLLAR SPEECH & LANGUAGE, to provide a comprehensive speech and language Independent Educational Evaluation (IEE) for a student with exceptional needs. Agreement effective January 13, 2012 through June 30, 2012. [Originator-Spec. Ed./Funding-Spec. Ed.]
12. Agreements to authorize reimbursement for round trip mileage from home to school for parents of students with exceptional needs. Agreements effective as indicated below. Mileage to be paid at the IRS approved rate.
SE11:12-043 September 7, 2011 through September 16, 2011 SE11:12-045 September 13, 2011 through September 16, 2011 [Originator-Spec. Ed./Funding-Transportation:Special Education (Severely
Disabled/Orthopedically Impaired)]
13. Agreement SE11:12-048 to authorize reimbursement of travel related expenses for
parents of a student with exceptional needs who attends a residential non-public school. Agreements effective July 1, 2011 through June 30, 2012. Amounts
allowable for reimbursement to be determined by the student’s Individual
Educational Program (IEP). [Originator-Spec. Ed./Funding-Transportation:Special Education (Severely Disabled/Orthopedically Impaired)]
Special Education Individual Student Agreements
14. Agreements with the below-named to provide special education services for individual students with exceptional needs:
July 1, 2010 through June 30, 2011:
7314.30
CHILD NET YOUTH AND FAMILY SERVICES, INC.
July 1, 2011 through June 30, 2012:
7401.15 ALTON SCHOOL 7404.04A1, .10A2,
.12A1, .19 AUTISM PARTNERSHIP
7407.16 BEACON DAY SCHOOL 7414.19 - .23 CHILD NET YOUTH AND FAMILY SERVICES, INC.
Purchasing & Contracts Report
February 21, 2012 Page 3
7417.02 - .54
COMPREHENSIVE EDUCATIONAL SERVICES DBA
ACES, INC. 7420.15 DEVEREUX TEXAS TREATMENT NETWORK 7425.02 FIVE ACRES SCHOOL 7441.04 OAK GROVE INSTITUTE 7448.42 - .44 ROSSIER PARK SCHOOL 7453.02 - .09 SPEECH AND LANGUAGE DEVELOPMENT CENTER [Originator-Spec. Ed.]
Special Education Master Agreement
15. Agreement with the below-named as master contract to provide special education services for students with exceptional needs. Individual contracts to be requested
for each student as needed:
July 1, 2011 through June 30, 2012:
7423.01 EXCELSIOR YOUTH CENTERS, INC.
[Originator-Spec. Ed./Funding-Spec. Ed.]
Support Services
Agreements
16. Agreement 4658.01 with SCHOOL SERVICES OF CALIFORNIA, INC., to provide
consulting services related to school finance. Agreement effective February 3,
2012 through December 31, 2012. Total cost, including reimbursable expenses, to be a maximum of $3,000. [Originator-CBFO/Funding-CBFO]
17. Agreement 4659.01 with SYSTEMLINK for programming services in support of the
District’s wireless technology project. Agreement effective February 7, 2012 through April 13, 2012. Total cost, including reimbursable expenses, to be a
maximum of $74,600. [Originator-Facilities/Funding-Building Fund:Technology -
Measure K]
Training Services
Agreement
18. Agreement 4282.02 with ANGELA CHAN TURROU, to provide coaching services
and staff development workshops on teaching mathematics aligned with the Cognitive Guided Instruction (CGI) program for teachers at Alvarado Elementary
School. Agreement effective February 1, 2012 through June 30, 2012. Total cost
to be a maximum of $1,500. [Originator-Alvarado/Funding-Gifts to Elementary
Sites]
Amend
Agreements
19. Amend Agreement 3140.05 with EBS HEALTHCARE, to provide additional speech
and language therapy services for students with exceptional needs, by increasing the cost by $205,000 from $130,000, to be a maximum of $335,000. All other
terms and conditions to remain the same. [Originator-Spec. Ed./Funding-Spec.
Ed.]
20. Amend Agreement 4077.03 with PROVIDENCE HEALTH SYSTEM - SOUTHERN CALIFORNIA DBA PROVIDENCE SAINT JOSEPH MEDICAL CENTER, to conduct a blood drive on November 2, 2011 at California Academy of Mathematics and Science (CAMS), by adding additional blood drives on February 21, 2012 and May 29, 2012. All other terms and conditions to remain the same. [Originator-High School Office]
*Indicates categorical funding
Purchasing & Contracts Report
February 21, 2012 Page 4
Bid Award
Authorize Bid
Award
The following bid is submitted for approval and available upon request:
Authorize Bid
Extension
21. Extend Bid No. 42-0809/14 for Contract with Web Based Communication System
with E-Mail (Price Agreement) for the period of July 1, 2012 through June 30, 2014
with the following vendor: (Estimated total of $180,000 per year)
SCHOOL LOOP, INC.
[Funding-Information Services E-Rate]
Nutrition Services Bid Award
Authorize Bid Award
The following bid is submitted for approval and available upon request:
22. Award Bid No. FS337-1213/64 for the Purchase of Processed Fruits and
Vegetables for the period of March 1, 2012 through February 28, 2013:
FIELD FRESH FOODS $ 79,001.00
FRESH INNOVATIONS $ 112,200.00
Construction Change Order
Authorize Change Order
The following change order is submitted for approval and available upon request:
23. Approve Change Order #2 for Agreement 5298.01 with BEN’S ASPHALT, INC., for
Pavement Improvements at Lakewood High School, by increasing the original
contract amount by $1,065.48 from $403,212.00, for a new contract amount of $404,277.48. Previous change orders for this contract total $8,085.30. Total
amount of change orders do not exceed the total allowable amount. [Funding-
25. Approve purchase orders written during the period January 1, 2012 through
January 31, 2012. A detailed list of purchase orders is available upon request.
Regular P113510 - P113849 $ 836,001.62
Stock S818570 - S818602 $ 126,207.61
Contract C658454 - C658470
$ 479,840.93
Nutrition Services Purchase Orders
Approve District Purchase Orders
26. Approve Nutrition Services purchase orders written during the period January 1, 2012 through January 31, 2012. A detailed list of purchase orders is
available upon request.
Regular 22635, 22639 - 22739 $ 812,662.17
Recommendation
Approve and/or ratify the contracts, and take action on the bids as listed above.
Prepared by:
Barrick L. Bartlett Cecelia Slater
Purchasing and Contracts Director Nutrition Services Director
Approved: Approved and recommended:
James Novak Christopher J. Steinhauser
Chief Business and Financial Officer Superintendent of Schools
BB/to
Board of Education LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Budget Reductions and Revisions Enclosures One
Phase I for 2012-2013
CATEGORY: New Business Reason for Board
Consideration: Information/Action
Business Department Date: February 21, 2012
BACKGROUND:
The state has experienced dramatic declines in revenue due to the severe economic downturn which began in the fall of 2007 and has made extensive reductions to public education funding.
Accordingly, the District faces yet another year of significant budget deficits.
Governor Brown proposed a budget for education which, in its best case, removes the statutory
COLA and may cut transportation funding entirely in the 2012-2013 year. This would result in a
funding decrease of nearly $19 million for the district. This optimistic scenario relies on the
success of a November 2012 initiative increasing the state sales tax by 0.5% and increasing state income tax rates on the highest earners – those earning $250,000 and above. These
taxes would remain in effect through 2016 and are estimated to generate $6.9 billion yearly at
the state level. If the proposed initiative is unsuccessful, this will trigger a reduction of an estimated $370 per ADA for districts, which would result in a yearly funding loss of $30 million
for Long Beach Unified. Accordingly, school districts are compelled to plan for two eventualities:
(1) if the proposed initiative is successful, and (2) if the proposed initiative is not successful. The budget reductions in this item are necessary under either scenario.
Staff is actively engaged in identifying expenditure reductions designed to safeguard the District
against being placed in a position of fiscal jeopardy.
The Board may consider budget reductions and revisions in any department, division, program,
or service in the District, including, but not limited to, items listed, as well as reductions in force or in hours for represented and non-represented certificated and classified positions. In
addition, recommended actions of reducing unrestricted General Fund expenditures may
include utilization of categorical funding, revenue enhancements, realignment of priorities, and implementation of other measures designed to safeguard the District’s fiscal health.
RECOMMENDATION:
Consider staff recommendations for budget reductions and revisions and take action as deemed
appropriate.
Approved and Recommended:
Christopher J. Steinhauser
Superintendent of Schools
Long Beach Unified School District
Budget Expenditure Information
February 21, 2012
No. Description Estimated Yearly
Savings
1Reduce teaching positions to maximize all class sizes;
estimate is 62 FTE6,200,000$
2 Reduce ELL Specialists by 20 FTE 2,000,000$
3 Reduce transportation services 1,000,000$
4 School closure - Keller Elementary 460,000$
Total 9,660,000$
Proposed Staff Recommendation for Reductions - Phase I
Board of Education
LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Lincoln and Whittier Elementary Schools Enclosures: Exhibits A & B Boundary Adjustments
CATEGORY: New Business Reason for Board
Consideration: Action Facilities Development & Planning
Business Department Date: February 21, 2012
BACKGROUND: In an effort to efficiently utilize a school’s available capacity and to reduce overcrowding at various
schools, boundary adjustments for Lincoln Elementary School and Whittier Elementary School are being recommended for the Board’s consideration. The proposed boundary would add approximately 19 students currently living within this area to the Whittier Elementary School Boundary.
RECOMMENDATION: Approve the adjustment of the Lincoln and Whittier Elementary School boundaries as follows (See
Exhibits A & B):
• Lincoln Elementary – the new boundary would consist of the area beginning at Atlantic Avenue
and New York Street east to Orange Avenue, south to Anaheim Street, east to Cherry Avenue, south to 10
th Street, west to Rose Avenue, south to 8
th Street, west to Walnut Avenue, south to 7
th
Street, west to Martin Luther King Jr. Avenue, north to 11th
Street, west to Atlantic Avenue and
north to New York Street. There are approximately 1,632 K-5 students living in this boundary. (Exhibit A)
• Whittier Elementary – add the area bounded by 16th
Street to the north, Lemon Avenue to the east, New York Street to the south, and Martin Luther King Jr. Avenue to the west. There are
approximately 19 K-5 students living in this area. (Exhibit B)
Prepared by: Approved and Recommended by:
Carri Matsumoto Christopher J. Steinhauser
Executive Director, Superintendent of Schools Facilities Development & Planning Branch
Approved by:
James Novak Chief Business Financial Officer
EXHIBIT A: Lincoln Elementary School
Proposed Lincoln Elementary Boundary Adjustment
EXHIBIT B: Whittier Elementary School
Proposed Whittier Elementary Boundary Adjustment
Area added from Lincoln ES
Board of Education
LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Robinson K-8 Academy and Enclosures: Exhibits A & B
Burnett Elementary School
Boundary Adjustments CATEGORY: New Business Reason for Board
Consideration: Action Facilities Development & Planning
Business Department Date: February 21, 2012
BACKGROUND: In an effort to efficiently utilize a school’s available capacity and to reduce overcrowding at various
schools, boundary adjustments for Robinson K-8 Academy and Burnett Elementary School are being recommended for the Board’s consideration. The proposed boundary would add approximately 86 students currently living within this area to the Burnett Elementary boundary.
RECOMMENDATION:
Approve the adjustment of the Robinson K-8 Academy boundary and approve the boundary adjustment at Burnett Elementary School as follows (see Exhibits A and B):
Robinson K-8 Academy – the new boundary will consist of the area beginning at Spring Street and Pacific Avenue east to American Avenue, south to Columbia Street, east to Atlantic Avenue, south to Willow Street, west to Long Beach Boulevard, south to Pacific Coast Highway, west to
Pacific Avenue, and north to Spring Street. There are approximately 1,129 K-8 students living in this boundary. (Exhibit A)
Burnett Elementary – add the area bounded by Willow Street to the north, Pasadena Avenue to the east, 23
rd Street to the south, and Long Beach Boulevard to the west. There are
approximately 86 K-5 students living in this area. (Exhibit B)
Prepared by: Approved and Recommended by:
Carri Matsumoto Christopher J. Steinhauser Executive Director, Superintendent of Schools Facilities Development & Planning Branch
Approved by:
James Novak Chief Business Financial Officer
EXHIBIT A: Robinson K-8 Academy
Proposed Robinson K-8 Boundary Adjustment
Exhibit B: Burnett Elementary School
Proposed Burnett Elementary Boundary Adjustment
Area added from Robinson K8 Boundary
Board of Education
LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Roosevelt, Burnett, International and Enclosures: Exhibits A,B,C,D
Lafayette Elementary Schools
Boundary Adjustments CATEGORY: New Business Reason for Board
Consideration: Action Facilities Development & Planning
Business Department Date: February 21, 2012
BACKGROUND: In an effort to efficiently utilize a school’s available capacity and to reduce overcrowding at various
schools, boundary adjustments for Burnett Elementary School, International Elementary School, Lafayette Elementary School, and Roosevelt Elementary School are being recommended for the Board’s consideration. Changes to the aforementioned boundaries would add students to neighboring schools with available capacity and would allow students currently living within the Roosevelt boundary to attend
neighboring schools. RECOMMENDATION:
Approve boundary adjustments at Roosevelt, Burnett, International, and Lafayette Elementary Schools as follows (see Exhibit A B, C,D):
Roosevelt Elementary – the new boundary will consist of the area beginning at Pacific Avenue and Pacific Coast Highway east to Martin Luther King Jr. Avenue, south to New York Street, west to Atlantic Avenue, south to 10
th Street, west to Pacific Avenue and north to Pacific Coast
Highway. There are approximately 1,079 K-5 students living in this area. (Exhibit A) Burnett Elementary – add the area bounded by Long Beach Boulevard to the west, 20
th Street to
the north, Martin Luther King Jr. Avenue to the east, and Pacific Coast Highway to the south. There are approximately 299 K-5 students living in this area. (Exhibit B)
International Elementary – add the area bounded by Chestnut Avenue to the west, 15th
Street to the north, Pacific Ave to the east and Anaheim Street to the south. There are approximately 138 K-5 students living in this area. (Exhibit C)
Lafayette Elementary – add the area bounded by Chestnut Avenue to the west, Pacific Coast Highway to the north, Pacific Avenue to the east and 15
th Street to the south. There are
approximately 180 K-5 students living in this area. (Exhibit D)
Prepared by: Approved and Recommended by:
Carri Matsumoto Christopher J. Steinhauser Executive Director, Superintendent of Schools Facilities Development & Planning Branch
Approved by:
James Novak Chief Business Financial Officer
EXHIBIT A: Roosevelt Elementary School
Proposed New Roosevelt Elementary Boundary
Exhibit B: Burnett Elementary School
Proposed Burnett Elementary Boundary Adjustment
Area added from Roosevelt ES Boundary
20th
Street
Exhibit C: International Elementary School
Proposed International Elementary Boundary Adjustment
CATEGORY: New Business Reason for Board Consideration: ____Action__
Facilities Development & Planning Branch Date: February 21, 2012 ___________________________________________________________________________
BACKGROUND:
Whereas the Board of Education seeks to explore ways to further promote, encourage and
provide employment opportunities for qualified firms and individuals that live within the District
boundary to participate in capital improvement projects associated with the Measure K bond program, it is the desire of the District to explore the development of a policy to address this
interest.
RECOMMENDATION:
Direct staff to prepare for the Board of Education’s consideration a local hiring policy with non-
binding goals.
Prepared by: Approved and Recommended by:
Carri Matsumoto Christopher J. Steinhauser Executive Director, Superintendent of Schools
CATEGORY: New Business Reason for Board Consideration: ____Action__
Business Department Date: February 21, 2012 ___________________________________________________________________________
RECOMMENDATION
Adopt Resolution No. 022112-A
A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION AUTHORIZING THE
ISSUANCE OF THE LONG BEACH UNIFIED SCHOOL DISTRICT (LOS ANGELES
COUNTY, CALIFORNIA) 2012 GENERAL OBLIGATION REFUNDING BONDS
Approved: Approved and Recommended:
James Novak Christopher J. Steinhauser
Chief Business & Financial Officer Superintendent of Schools
BOARD OF EDUCATION
LONG BEACH UNIFIED SCHOOL DISTRICT
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RESOLUTION NO. 022112-A
A RESOLUTION AUTHORIZING THE ISSUANCE OF THE LONG BEACH
UNIFIED SCHOOL DISTRICT (LOS ANGELES COUNTY, CALIFORNIA) 2012
GENERAL OBLIGATION REFUNDING BONDS
WHEREAS, a duly called special bond election was held in the Long Beach Unified School
District, Los Angeles County, State of California (hereinafter referred to as the “District”), on
March 30, 1999 (the “Authorization”) and thereafter canvassed pursuant to law;
WHEREAS, at such election there was submitted to and approved by more than the
requisite two-thirds vote of the qualified electors of the District a question as to the issuance and
sale of general obligation bonds of the District for various purposes set forth in the ballot submitted to the voters, in the maximum principal amount of $295,000,000, payable from the levy of an ad
valorem tax against the taxable property in the District;
WHEREAS, the County of Los Angeles (the “County”) previously issued on behalf of the
District the following series of bonds under the Authorization: (i) the first series of bonds dated July 15, 1999 in an aggregate principal amount of $25,000,000 (the “Series A Bonds”); (ii) the second
series of bonds dated July 1, 2000 in the aggregate principal amount of $30,000,000 (the “Series B
Bonds”); (iii) the third series of bonds dated August 1, 2001 in the aggregate principal amount of $60,000,000 (the “Series C Bonds”); (iv) the fourth series of bonds dated May 1, 2002 in the
aggregate principal amount of $40,000,000 (the “Series D Bonds”); (v) the fifth series of bonds
dated May 1, 2003 in the aggregate principal amount of $60,000,000 (the “Series E Bonds”); and
(vi) the sixth series of bonds June 1, 2004 in the aggregate principal amount of $50,000,000 (the “Series F Bonds,” and collectively with the Series A Bonds, Series B Bonds, Series C Bonds, Series
D Bonds, and the Series E Bonds, the “Prior Bonds”);
WHEREAS, the District has previously issued four series of refunding bonds which have refunded a portion of the Prior Bonds;
WHEREAS, pursuant to Section 53550 of the Government Code, the District is authorized
to issue refunding bonds (the “Refunding Bonds”) to refund all or a portion of the remaining outstanding Prior Bonds (collectively, the “Refunded Bonds”);
WHEREAS, all acts, conditions and things required by law to be done or performed have
been done and performed in strict conformity with the laws authorizing the issuance of general
obligation refunding bonds of the District, and the indebtedness of the District, including this proposed issue of Refunding Bonds, is within all limits prescribed by law;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF THE
LONG BEACH UNIFIED SCHOOL DISTRICT, LOS ANGELES COUNTY, CALIFORNIA AS FOLLOWS:
SECTION 1. Purpose. To refund all or a portion of the outstanding principal amount of the
Prior Bonds and to pay all necessary legal, financial, and contingent costs in connection therewith, the District hereby authorizes the issuance of the Refunding Bonds in one or more series, to be
2
styled as the “Long Beach Unified School District (Los Angeles County, California) 2012 General
Obligation Refunding Bonds,” in an aggregate principal amount not-to-exceed $95,000,000. Additional costs authorized to be paid from the proceeds of the Refunding Bonds are all of the
authorized costs of issuance set forth in Section 53550(e) and (f) and Section 53587 of the
Government Code.
SECTION 2. Paying Agent. The Board does hereby authorize the appointment of the Treasurer and Tax Collector (the “Treasurer”) of Los Angeles County (the “County”) as Paying
Agent (defined herein) for the Refunding Bonds on behalf of the District. The Treasurer is
authorized to contract with any third party to perform the services of Paying Agent hereunder.
SECTION 3. Terms and Conditions of Sale. The Refunding Bonds are hereby
authorized to be sold at a negotiated sale upon the direction of the Superintendent of the District
(the “Superintendent”) or the Chief Business & Financial Officer of the District (the “Chief Business & Financial Officer”). The Refunding Bonds shall be sold pursuant to the terms and conditions set
forth in the Purchase Contract, as described below.
SECTION 4. Approval of Purchase Contract. The form of bond purchase contract (the
“Purchase Contract”) by and between the District and the underwriter named therein (the “Underwriter”), for the purchase and sale of the Refunding Bonds, substantially in the form on file
with the Board, is hereby approved and the Superintendent, the Chief Business & Financial Officer,
and such other officer or employee of the District as may be designated for such purpose (collectively, the “Authorized Officers”), each alone, are hereby authorized to execute and deliver
the Purchase Contract, with such changes therein, deletions therefrom and modifications thereto as
the Authorized Officer executing the same may approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that (i) the maximum
interest rate on the Refunding Bonds shall not exceed that authorized by law, and (ii) the
Underwriter’s discount, excluding original issue discount, shall not exceed 0.275% of the aggregate
principal amount of Refunding Bonds. The Authorized Officers, each alone, are further authorized to determine the principal amount of the Refunding Bonds to be specified in the Purchase Contract
for sale by the District up to $95,000,000 and to enter into and execute the Purchase Contract with
the Underwriter, if the conditions set forth in this Resolution are satisfied.
SECTION 5. Certain Definitions. As used in this Resolution, the terms set forth below
shall have the meanings ascribed to them (unless otherwise set forth in the Purchase Contract):
(a) “Authorization” means the authorization received by the District to issue the Prior
Bonds at an election held on March 30, 1999.
(b) “Act” means Sections 53550 et seq. of the California Government Code.
(c) “Bond Insurer” means any insurance company which issues a municipal bond
insurance policy insuring the payment of principal of and interest on the Refunding Bonds.
(d) “Bond Payment Date” means, unless otherwise provided by the Purchase
Contract, February 1 and August 1 of each year commencing August 1, 2012 with respect to the
interest on the Refunding Bonds, and August 1 of each year commencing August 1, 2012 with respect to the principal payments on the Refunding Bonds.
(e) “Code” means the Internal Revenue Code of 1986, as the same may be amended
from time to time. Reference to a particular section of the Code shall be deemed to be a reference
to any successor to any such section.
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(f) “Depository” means, initially, DTC, and thereafter the securities depository acting
as Depository pursuant to Section 6(c) hereof.
(g) “DTC” means The Depository Trust Company, New York, New York, 55 Water
Street, New York, New York 10041,Tel: (212) 855-1000 or Fax: (212) 855-7320, a limited purpose
trust company organized under the laws of the State of New York, in its capacity as Depository for
the Refunding Bonds.
(h) “Escrow Agent” means U.S. Bank National Association, or any other successor
thereto, in its capacity as escrow agent for the Refunded Bonds.
(i) “Escrow Agreement” means the Escrow Agreement relating to the Refunded Bonds, by and between the District and the Escrow Agent.
(j) “Federal Securities” means securities as permitted, in accordance with the
authorizing resolutions pursuant to which the Prior Bonds were issued, to be deposited with the Escrow Agent for the purpose of defeasing the Prior Bonds.
(k) “Information Services” means Financial Information, Inc.’s “Financial Daily Called
Bond Service; Standard & Poor’s J.J. Kenny Information Services’ Called Bond Service; or Mergent
Inc.’s Called Bond Department.
(l) “Nominee” means the nominee of the Depository, which may be the Depository, as
determined from time to time pursuant to Section 6(c) hereof.
(m) “Outstanding” means, when used with reference to the Refunding Bonds, as of any date, Bonds theretofore issued or thereupon being issued under this resolution except:
(i) Refunding Bonds canceled at or prior to such date;
(ii) Refunding Bonds in lieu of or in substitution for which other Refunding Bonds shall have been delivered pursuant to Section 8 hereof; or
(iii) Refunding Bonds for the payment or redemption of which funds or
Government Obligations in the necessary amount shall have been set aside (whether on or
prior to the maturity or redemption date of such Refunding Bonds), in accordance with Section 19 of this Resolution
(n) “Owners” or “Registered Owner” means the registered owner of a Bond as set
forth on the registration books maintained by the Paying Agent pursuant to Section 6 hereof.
(o) “Participants” means those broker-dealers, banks and other financial institutions
from time to time for which the Depository holds book-entry certificates as securities depository.
(p) “Paying Agent” means the County Treasurer and his designated agents or his
successors or assigns acting in the capacity of paying agent, registrar, authentication agent and transfer agent. The County Treasurer is authorized to contract with any third party to perform the
services of Paying Agent under this Resolution.
(q) “Record Date” means the close of business on the fifteenth day of the month preceding each Bond Payment Date.
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(r) “Securities Depository” means The Depository Trust Company, 55 Water Street,
New York, New York 10041,Tel: (212) 855-1000 or Fax: (212) 855-7320 with Cede & Co. as its nominee.
(s) “Term Bonds” means those Refunding Bonds for which mandatory sinking fund
redemption dates have been established in the Purchase Contract.
SECTION 6. Terms of the Refunding Bonds.
(a) Denomination, Interest, Dated Dates. The Refunding Bonds shall be issued as
bonds registered as to both principal and interest, in the denominations of $5,000 or any integral
multiple thereof. The Refunding Bonds will be initially registered to “Cede & Co.,” the nominee of DTC.
Each Refunding Bond shall be dated the date of delivery of the Refunding Bonds or such
other date as shall appear in the Purchase Contract (the “Date of Delivery”), and shall bear interest at the rates set forth in the Purchase Contract from the Bond Payment Date next preceding the date
of authentication thereof unless it is authenticated as of a day during the period from the 16th day of
the month next preceding any Bond Payment Date to that Bond Payment Date, inclusive, in which
event it shall bear interest from such Bond Payment Date, or unless it is authenticated on or before the first Record Date, in which event it shall bear interest from the Date of Delivery. Interest on the
Refunding Bonds shall be payable on the respective Bond Payment Dates and shall be computed
on the basis of a 360-day year of twelve 30-day months.
No Refunding Bond attributable to the refunding of the Series C Bonds shall mature later
than August 1, 2031; no Refunding Bond attributable to the refunding of the Series D Bonds shall
mature later than August 1, 2031; no Refunding Bond attributable to the refunding of the Series E Bonds shall mature later than August 1, 2032, and no Refunding Bond attributable to the refunding
of the Series F Bonds shall mature later than August 1, 2033.
(b) Redemption.
(i) Optional Redemption. The Refunding Bonds shall be subject to optional redemption prior to maturity as provided in the Purchase Contract.
(ii) Mandatory Redemption. Any Refunding Bonds issued as Term Bonds shall
be subject to mandatory sinking fund redemption as provided in the Purchase Contract.
In the event that a portion of any Term Bond is optionally redeemed pursuant to
Section 6(b)(i) hereof, the remaining sinking fund payments shall be reduced proportionately
or as otherwise directed by the District, in integral multiples of $5,000, in respect to the
portion of such Term Bond optionally redeemed.
(iii) Selection of Refunding Bonds for Redemption. Whenever provision is made
in this Resolution for the redemption of Refunding Bonds and less than all outstanding
Refunding Bonds are to be redeemed, the Paying Agent, upon written instruction from the District, shall select Refunding Bonds for redemption as so directed and if not directed, in
inverse order of maturity. Within a maturity, the Paying Agent shall select Refunding Bonds
for redemption by lot. Redemption by lot shall be in such manner as the Paying Agent shall determine; provided, however, the Purchase Contract may provide that, within a maturity,
Refunding Bonds shall be selected for redemption on a “Pro Rata Pass-Through Distribution
of Principal” basis in accordance with DTC procedures, provided further that, such pro-rata
redemption is made in accordance with the operational arrangements of DTC then in effect.
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With respect to redemption by lot, the portion of any Refunding Bond to be redeemed
in part shall be in the principal amount of $5,000 or any integral multiple thereof.
(iv) Notice of Redemption. When redemption is authorized or required pursuant
to Section 6(b)(i) hereof, the Paying Agent, upon written instruction from the District, shall
give notice (a “Redemption Notice”) of the redemption of the Refunding Bonds. Such
Redemption Notice shall specify: the Refunding Bonds or designated portions thereof (in the case of redemption of the Refunding Bonds in part but not in whole) which are to be
redeemed; the date of redemption; the place or places where the redemption will be made,
including the name and address of the Paying Agent; the redemption price; the CUSIP numbers (if any) assigned to the Refunding Bonds to be redeemed, the Refunding Bond
numbers of the Refunding Bonds to be redeemed in whole or in part and, in the case of any
Refunding Bond to be redeemed in part only, the principal amount of such Refunding Bond to be redeemed; and the original issue date, interest rate and stated maturity date of each
Refunding Bond to be redeemed in whole or in part. Such Redemption Notice shall further
state that on the specified date there shall become due and payable upon each Refunding
Bond or portion thereof being redeemed at the redemption price thereof, together with the interest accrued to the redemption date thereon, and that from and after such date, interest
with respect thereto shall cease to accrue.
With respect to any notice of redemption of Refunding Bonds pursuant to Section 6(b)(iv) hereof, unless upon the giving of such notice such Refunding Bonds shall be deemed to have been
defeased pursuant to Section 19 hereof, such notice shall state that such redemption shall be
conditional upon the receipt by the Paying Agent (or an independent escrow agent selected by the District) on or prior to the date fixed for such redemption of the moneys necessary and sufficient to
pay the principal of, and premium, if any, and interest on, such Refunding Bonds to be redeemed,
and that if such moneys shall not have been so received said notice shall be of no force and effect,
the Refunding Bonds shall not be subject to redemption on such date and the Refunding Bonds shall not be required to be redeemed on such date. In the event that such notice of redemption
contains such a condition and such moneys are not so received, the redemption shall not be made
and the Paying Agent shall within a reasonable time thereafter give notice, to the persons to whom and in the manner in which the notice of redemption was given, that such moneys were not so
received.
The Paying Agent shall take the following actions with respect to such Redemption Notice:
(A) At least 30 but not more than 60 days prior to the redemption date, such Redemption Notice shall be given to the respective Owners of Refunding
Bonds designated for redemption by registered or certified mail, postage prepaid, at
their addresses appearing on the Bond Register.
(B) At least 30 but not more than 60 days prior to the redemption date,
such Redemption Notice shall be given by (i) registered or certified mail, postage
prepaid, (ii) telephonically confirmed facsimile transmission, or (iii) overnight delivery service to each of the Securities Depository.
(C) At least 30 but not more than 60 days prior to the redemption date,
such Redemption Notice shall be given by (i) registered or certified mail, postage
prepaid, or (ii) overnight delivery service to one of the Information Services.
Neither failure to receive any Redemption Notice nor any defect in any such
Redemption Notice so given shall affect the sufficiency of the proceedings for the redemption
of the affected Refunding Bonds. Each check issued or other transfer of funds made by the Paying Agent for the purpose of redeeming Refunding Bonds shall bear or include the CUSIP
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number identifying, by issue and maturity, the Refunding Bonds being redeemed with the
proceeds of such check or other transfer. Such redemption notices may state that no representation is made as to the accuracy or correctness of the CUSIP numbers printed
therein or on the Bonds.
(v) Partial Redemption of Refunding Bonds. Upon the surrender of any
Refunding Bond redeemed in part only, the Paying Agent shall execute and deliver to the Owner thereof a new Refunding Bond or Refunding Bonds of like tenor and maturity and of
authorized denominations equal in transfer amounts to the unredeemed portion of the
Refunding Bond surrendered. Such partial redemption shall be valid upon payment of the amount required to be paid to such Owner, and the District shall be released and discharged
thereupon from all liability to the extent of such payment.
(vi) Effect of Notice of Redemption. Notice having been given as aforesaid, and the moneys for the redemption (including the interest accrued to the applicable date of
redemption) having been set aside as provided in Section 19 hereof, the Refunding Bonds to
be redeemed shall become due and payable on such date of redemption.
If on such redemption date, money for the redemption of all the Refunding Bonds to be redeemed as provided in Section 6(b)(i) hereof, together with interest accrued to such
redemption date, shall be held by the Paying Agent (or an independent escrow agent
selected by the District), as provided in Section 19 hereof, so as to be available therefor on such redemption date, and if notice of redemption thereof shall have been given as aforesaid,
then from and after such redemption date, interest with respect to the Refunding Bonds to be
redeemed shall cease to accrue and become payable. All money held by or on behalf of the Paying Agent (or an independent escrow agent selected by the District) for the redemption of
Refunding Bonds shall be held in trust for the account of the Owners of the Refunding Bonds
so to be redeemed.
All Refunding Bonds paid at maturity or redeemed prior to maturity pursuant to the provisions of this Section 6 shall be cancelled upon surrender thereof and be delivered to or
upon the order of the District. All or any portion of a Refunding Bond purchased by the
District shall be cancelled by the Paying Agent.
(vii) Refunding Bonds No Longer Outstanding. When any Refunding Bonds (or
portions thereof), which have been duly called for redemption prior to maturity under the
provisions of this Resolution, or with respect to which irrevocable instructions to call for
redemption prior to maturity at the earliest redemption date have been given to the Paying Agent, in form satisfactory to it, and sufficient moneys shall be irrevocably held in trust for the
payment of the redemption price of such Refunding Bonds or portions thereof, and accrued
interest thereon to the date fixed for redemption, all as provided in this Resolution, then such Refunding Bonds shall no longer be deemed Outstanding and shall be surrendered to the
Paying Agent for cancellation.
(c) Book-Entry System.
(i) Election of Book-Entry System. The Refunding Bonds shall initially be
delivered in the form of a separate single fully-registered bond (which may be typewritten) for
each maturity date of such Refunding Bonds in an authorized denomination. The ownership
of each such Refunding Bond shall be registered in the register of bonds (“Bond Register”) maintained by the Paying Agent in the name of the Nominee, as nominee of the Depository
and ownership of the Refunding Bonds, or any portion thereof may not thereafter be
transferred except as provided in Section 6(c)(i)(4).
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The District and the Paying Agent shall have no responsibility or obligation to any
Participant or to any person on behalf of which such a Participant holds an interest in such the Refunding Bonds. Without limiting the immediately preceding sentence, the District and
the Paying Agent shall have no responsibility or obligation with respect to: (i) the accuracy of
the records of the Depository, the Nominee, or any Participant with respect to any ownership
interest in the Refunding Bonds; (ii) the delivery to any Participant or any other person, other than an Owner as shown in the Bond Register, of any notice with respect to the Refunding
Bonds, including any notice of redemption; (iii) the selection by the Depository and its
Participants of the beneficial interests in the Refunding Bonds to be prepaid in the event the District redeems the Refunding Bonds in part; (iv) or the payment by the Depository or any
Participant or any other person, of any amount with respect to principal, premium, if any, or
interest on the Refunding Bonds. The District and the Paying Agent may treat and consider the person in whose name each Refunding Bond is registered in the Bond Register as the
absolute Owner of such the Refunding Bond for the purpose of payment of principal of and
premium and interest on and to such Refunding Bond, for the purpose of giving notices of
redemption and other matters with respect to such Refunding Bond, for the purpose of registering transfers with respect to such Refunding Bond, and for all other purposes
whatsoever. The Paying Agent shall pay all principal of and premium, if any, and interest on
the Refunding Bonds only to or upon the order of the respective Owner, as shown in the Bond Register, or his respective attorney duly authorized in writing, and all such payments
shall be valid and effective to fully satisfy and discharge the District’s obligations with respect
to payment of principal of, and premium, if any, and interest on the Refunding Bonds to the extent of the sum or sums so paid. No person other than an Owner, as shown in the Bond
Register, shall receive a certificate evidencing the obligation to make payments of principal
of, and premium, if any, and interest on the Refunding Bonds. Upon delivery by the
Depository to the Owner and the Paying Agent, of written notice to the effect that the Depository has determined to substitute a new nominee in place of the Nominee, and subject
to the provisions herein with respect to the Record Date, the word “Nominee” in this
Resolution shall refer to such nominee of the Depository.
(1) Delivery of Letter of Representations. In order to qualify the Refunding
Bonds for the Depository’s book-entry system, the District and the Paying Agent shall
execute and deliver to the Depository a Letter of Representations. The execution and
delivery of a Letter of Representations shall not in any way impose upon the District or the Paying Agent any obligation whatsoever with respect to persons having interests in the
Refunding Bonds other than the Owners, as shown on the Bond Register. By executing a
Letter of Representations, the Paying Agent shall agree to take all action necessary at all times so that the District will be in compliance with all representations of the District in such
Letter of Representations. In addition to the execution and delivery of a Letter of
Representations, the District and the Paying Agent shall take such other actions, not inconsistent with this Resolution, as are reasonably necessary to qualify the Refunding
Bonds for the Depository’s book-entry program.
(2) Selection of Depository. In the event (i) the Depository determines not to
continue to act as securities depository for the Refunding Bonds, or (ii) the District determines that continuation of the book-entry system is not in the best interest of the
beneficial owners of the Refunding Bonds or the District, then the District will discontinue the
book-entry system with the Depository. If the District determines to replace the Depository with another qualified securities depository, the District shall prepare or direct the
preparation of a new single, separate, fully registered bond for each maturity date of such
the Refunding Bond, registered in the name of such successor or substitute qualified securities depository or its Nominee as provided in subsection (4) hereof. If the District fails
to identify another qualified securities depository to replace the Depository, then the
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Refunding Bonds shall no longer be restricted to being registered in such Bond Register in
the name of the Nominee, but shall be registered in whatever name or names the Owners transferring or exchanging such Refunding Bonds shall designate, in accordance with the
provisions of this Section 6(c).
(3) Payments to Depository. Notwithstanding any other provision of this
Resolution to the contrary, so long as all outstanding Refunding Bonds are held in book-entry and registered in the name of the Nominee, all payments by the District or
Paying Agent with respect to principal of and premium, if any, or interest on the Refunding
Bonds and all notices with respect to such Refunding Bonds shall be made and given, respectively to the Nominee, as provided in the Letter of Representations or as otherwise
instructed by the Depository and agreed to by the Paying Agent notwithstanding any
inconsistent provisions herein.
(4) Transfer of Refunding Bonds to Substitute Depository.
(A) The Refunding Bonds shall be initially issued as described in the Official
Statement. Registered ownership of such Refunding Bonds, or any portions thereof, may not
thereafter be transferred except:
(1) to any successor of DTC or its Nominee, or of any substitute
depository designated pursuant to Section 6(c)(i)(4)(A)(2) (“Substitute Depository”); provided
that any successor of DTC or Substitute Depository shall be qualified under any applicable laws to provide the service proposed to be provided by it;
(2) to any Substitute Depository, upon (a) the resignation of DTC or its
successor (or any Substitute Depository or its successor) from its functions as depository, or (b) a determination by the District that DTC (or its successor) is no longer able to carry out its
functions as depository; provided that any such Substitute Depository shall be qualified under
any applicable laws to provide the services proposed to be provided by it; or
(3) to any person as provided below, upon (a) the resignation of DTC or its successor (or any Substitute Depository or its successor) from its functions as depository,
or (b) a determination by the District that DTC or its successor (or Substitute Depository or its
successor) is no longer able to carry out its functions as depository.
(B) In the case of any transfer pursuant to Section 6(c)(i)(4)(A)(1) or (2), upon
receipt of all outstanding Refunding Bonds by the Paying Agent, together with a written
request of the District to the Paying Agent designating the Substitute Depository, a single new
Refunding Bond, which the District shall prepare or cause to be prepared, shall be executed and delivered for each maturity of Refunding Bonds then outstanding, registered in the name
of such successor or such Substitute Depository or their Nominees, as the case may be, all
as specified in such written request of the District. In the case of any transfer pursuant to Section 6(c)(i)(4)(A)(3), upon receipt of all outstanding Refunding Bonds by the Paying Agent,
together with a written request of the District to the Paying Agent, new Refunding Bonds,
which the District shall prepare or cause to be prepared, shall be executed and delivered in such denominations and registered in the names of such persons as are requested in such
written request of the District, provided that the Paying Agent shall not be required to deliver
such new Refunding Bonds within a period of less than sixty (60) days from the date of
receipt of such written request from the District.
(C) In the case of a partial redemption of any Refunding Bonds evidencing a
portion of the principal maturing in a particular year, DTC or its successor (or any Substitute
Depository or its successor) shall make an appropriate notation on such Refunding Bonds
9
indicating the date and amounts of such reduction in principal, in form acceptable to the
Paying Agent, all in accordance with the Letter of Representations. The Paying Agent shall not be liable for such Depository’s failure to make such notations or errors in making such
notations.
(D) The District and the Paying Agent shall be entitled to treat the person in
whose name any Refunding Bond is registered as the Owner thereof for all purposes of this Resolution and any applicable laws, notwithstanding any notice to the contrary received by
the Paying Agent or the District; and the District and the Paying Agent shall not have
responsibility for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owners of the Refunding Bonds. Neither the District nor the
Paying Agent shall have any responsibility or obligation, legal or otherwise, to any such
beneficial owners or to any other party, including DTC or its successor (or Substitute Depository or its successor), except to the Owner of any Refunding Bonds, and the Paying
Agent may rely conclusively on its records as to the identity of the Owners of the Refunding
Bonds.
SECTION 7. Execution of Refunding Bonds. The Refunding Bonds shall be signed by the President of the Board of Education, by his or her manual or facsimile signature and
countersigned by the manual or facsimile signature of the Secretary or Clerk to the Board, all in
their official capacities. No Refunding Bond shall be valid or obligatory for any purpose or shall be entitled to any security or benefit under this Resolution unless and until the certificate of
authentication printed on the Refunding Bond is signed by the Paying Agent as authenticating
agent. Authentication by the Paying Agent shall be conclusive evidence that the Refunding Bond so authenticated has been duly issued, signed and delivered under this Resolution and is entitled to
the security and benefit of this Resolution. There shall be attached to each Refunding Bond the
legal opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, and, immediately
preceding such legal opinion, a certificate executed with the facsimile signature of the Secretary or Clerk to the Board of Education, said certificate to be in substantially the following form:
The following is a true copy of the opinion rendered by Stradling Yocca
Carlson & Rauth, a Professional Corporation in connection with the issuance of, and dated as of the date of the original delivery of, the bonds. A signed
copy is on file in my office.
(Facsimile Signature)
[Secretary/Clerk], Board of Education
SECTION 8. Paying Agent; Transfer and Exchange. So long as any of the Refunding
Bonds remain outstanding, the District will cause the Paying Agent to maintain and keep at its designated office all books and records necessary for the registration, exchange and transfer of the
Refunding Bonds as provided in this Section. Subject to the provisions of Section 9 below, the
person in whose name a Refunding Bond is registered on the Bond Register shall be regarded as the absolute Owner of that Refunding Bond for all purposes of this Resolution. Payment of or on
account of the principal of and premium, if any, and interest on any Refunding Bond shall be made
only to or upon the order of that person; neither the District nor the Paying Agent shall be affected
by any notice to the contrary, but the registration may be changed as provided in this Section. All such payments shall be valid and effectual to satisfy and discharge the District’s liability upon the
Refunding Bonds, including interest, to the extent of the amount or amounts so paid.
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Any Refunding Bond may be exchanged for Refunding Bonds of like tenor, maturity and
transfer amount upon presentation and surrender at the designated office of the Paying Agent, together with a request for exchange signed by the Owner or by a person legally empowered to do
so in a form satisfactory to the Paying Agent. A Refunding Bond may be transferred on the Bond
Register only upon presentation and surrender of the Refunding Bond at the designated office of
the Paying Agent together with an assignment executed by the Owner or by a person legally empowered to do so in a form satisfactory to the Paying Agent. Upon exchange or transfer, the
Paying Agent shall complete, authenticate and deliver a new Refunding Bond or Refunding Bonds
of like tenor and of any authorized denomination or denominations requested by the Owner equal to the transfer amount of the Refunding Bond surrendered and bearing or accruing interest at the
same rate and maturing on the same date.
If manual signatures on behalf of the District are required in connection with an exchange or transfer, the Paying Agent shall undertake the exchange or transfer of Refunding Bonds only after
the new Refunding Bonds are signed by the authorized officers of the District. In all cases of
exchanged or transferred Refunding Bonds, the District shall sign and the Paying Agent shall
authenticate and deliver Refunding Bonds in accordance with the provisions of this Resolution. All fees and costs of transfer shall be paid by the requesting party. Those charges may be required to
be paid before the procedure is begun for the exchange or transfer. All Refunding Bonds issued
upon any exchange or transfer shall be valid obligations of the District, evidencing the same debt, and entitled to the same security and benefit under this Resolution as the Refunding Bonds
surrendered upon that exchange or transfer.
Any Refunding Bond surrendered to the Paying Agent for payment, retirement, exchange, replacement or transfer shall be cancelled by the Paying Agent. The District may at any time
deliver to the Paying Agent for cancellation any previously authenticated and delivered Refunding
Bonds that the District may have acquired in any manner whatsoever, and those Refunding Bonds
shall be promptly cancelled by the Paying Agent. Written reports of the surrender and cancellation of Refunding Bonds shall be made to the District by the Paying Agent as requested by the District.
The cancelled Refunding Bonds shall be retained for three years, then returned to the District or
destroyed by the Paying Agent as directed by the District.
Neither the District nor the Paying Agent will be required (a) to issue or transfer any
Refunding Bonds during a period beginning with the opening of business on the 15th business day
next preceding either any Bond Payment Date or any date of selection of Refunding Bonds to be
redeemed and ending with the close of business on the Bond Payment Date or any day on which the applicable notice of redemption is given or (b) to transfer any Refunding Bonds which have
been selected or called for redemption in whole or in part.
SECTION 9. Payment. Payment of interest on any Refunding Bond on any Bond Payment Date shall be made to the person appearing on the registration books of the Paying Agent
as the Owner thereof as of the Record Date immediately preceding such Bond Payment Date, such
interest to be paid by check mailed to such Owner on the Bond Payment Date at his address as it appears on such registration books or at such other address as he may have filed with the Paying
Agent for that purpose on or before the Record Date. The Owner in an aggregate principal amount
of $1,000,000 or more may request in writing to the Paying Agent that such Owner be paid interest
by wire transfer to the bank and account number on file with the Paying Agent as of the Record Date. The principal, and redemption price, if any, payable on the Refunding Bonds shall be payable
upon maturity or redemption upon surrender at the designated office of the Paying Agent. The
interest, principal and premiums, if any, on the Refunding Bonds shall be payable in lawful money of the United States of America. The Paying Agent is hereby authorized to pay the Refunding
Bonds when duly presented for payment at maturity, and to cancel all Refunding Bonds upon
payment thereof. The Refunding Bonds are general obligations of the District, payable without limit
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as to rate or amount solely from the levy of ad valorem property taxes upon all property subject to
taxation within the District.
SECTION 10. Form of Refunding Bonds. The Refunding Bonds shall be in substantially
the following form, allowing those officials executing the Refunding Bonds to make the insertions
and deletions necessary to conform the Refunding Bonds to this Resolution, the Purchase Contract
and the Official Statement:
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(Form of Refunding Bond)
REGISTERED REGISTERED NO. $
LONG BEACH UNIFIED SCHOOL DISTRICT
(LOS ANGELES COUNTY, CALIFORNIA)
2012 GENERAL OBLIGATION REFUNDING BONDS
INTEREST RATE: MATURITY DATE: DATED AS OF: CUSIP
___% per annum August 1, ____ _____________,
2012
________
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The Long Beach Unified School District (the “District”) in Los Angeles County, California, for value received, promises to pay to the Registered Owner named above, or registered assigns, the
Principal Amount on the Maturity Date, each as stated above, and interest thereon until the
Principal Amount is paid or provided for at the Interest Rate stated above, on February 1 and August 1 of each year (the “Bond Payment Dates”), commencing August 1, 2012. This bond will
bear interest from the Bond Payment Date next preceding the date of authentication hereof unless it
is authenticated as of a day during the period from the 16th day of the month next preceding any
Bond Payment Date to the Bond Payment Date, inclusive, in which event it shall bear interest from such Bond Payment Date, or unless it is authenticated on or before July 15, 2012, in which event it
shall bear interest from the Date of Delivery. Interest on this bond shall be computed on the basis
of a 360-day year of twelve 30-day months. Principal and interest are payable in lawful money of the United States of America, without deduction for the paying agent services, to the person in
whose name this bond (or, if applicable, one or more predecessor bonds) is registered (the
“Registered Owner”) on the Register maintained by the Paying Agent, initially U.S. Bank National
Association, as agent of the Treasurer and Tax Collector of Los Angeles County. Principal is payable upon presentation and surrender of this bond at the designated office of the Paying Agent.
Interest is payable by check mailed by the Paying Agent on each Bond Payment Date to the
Registered Owner of this bond (or one or more predecessor bonds) as shown and at the address appearing on the bond register maintained by the Paying Agent at the close of business on the 15th
day of the calendar month next preceding that Bond Payment Date (the “Record Date”). The
Owner of Refunding Bonds in the aggregate principal amount of $1,000,000 or more may request in writing to the Paying Agent that the Owner be paid interest by wire transfer to the bank and account
number on file with the Paying Agent as of the Record Date.
This bond is one of an authorization of bonds issued by the District pursuant to California
Government Code Section 53550 et seq. (the “Act”) for the purpose of refunding certain of the District’s outstanding $60,000,000 General Obligation Bonds, Election 1999, Series C, dated
August 1, 2001, $40,000,000 General Obligation Bonds, Election 1999, Series D, dated May 21,
2002, $60,000,000 General Obligation Bonds, Election 1999, Series E, dated May 20, 2003, and $50,000,000 General Obligation Bonds, Election 1999, Series F, dated June 22, 2004, and to pay
all necessary legal, financial, and contingent costs in connection therewith. The bonds are being
issued under authority of and pursuant to the Act, the laws of the State of California, and the resolution of the Board of Education of the District adopted on February 21, 2012 (the “Bond
Resolution”). This bond and the issue of which this bond is one are general obligation bonds of the
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District payable as to both Principal and interest solely from the proceeds of the levy of ad valorem
taxes on all property subject to such taxes in the District, which taxes are unlimited as to rate or amount.
The bonds of this issue comprise $________ Principal amount of Current Interest Bonds, of
which this bond is a part (each a “Refunding Bond”).
This bond is exchangeable and transferable for bonds of like tenor, maturity and Transfer Amount (as defined in the Bond Resolution) and in authorized denominations at the designated
office of the Paying Agent by the Registered Owner or by a person legally empowered to do so,
upon presentation and surrender hereof to the Paying Agent, together with a request for exchange or an assignment signed by the Registered Owner or by a person legally empowered to do so, in a
form satisfactory to the Paying Agent, all subject to the terms, limitations and conditions provided in
the Bond Resolution. All fees and costs of transfer shall be paid by the transferor. The District and the Paying Agent may deem and treat the Registered Owner as the absolute Owner of this bond for
the purpose of receiving payment of or on account of principal or interest and for all other purposes,
and neither the District nor the Paying Agent shall be affected by any notice to the contrary.
Neither the District nor the Paying Agent will be required (a) to issue or transfer any bond during a period beginning with the opening of business on the 15th business day next preceding
either any Bond Payment Date or any date of selection of bonds to be redeemed and ending with
the close of business on the Bond Payment Date or day on which the applicable notice of redemption is given or (b) to transfer any bond which has been selected or called for redemption in
whole or in part.
The Refunding Bonds maturing on or before August 1, 20__ are not subject to redemption prior to their fixed maturity dates. The Refunding Bonds maturing on or after August 1, 20__ are
subject to redemption on or after August 1, 20__ or on any date thereafter at the option of the
District as a whole or in part at a redemption price equal to the principal amount of the Refunding
Bonds called for redemption, plus interest accrued thereon to the date fixed for redemption, without premium.
The Refunding Bonds maturing on August 1, 20__ are subject to mandatory sinking fund
redemption on August 1 of each year on and after August 1, 20__, at a redemption price equal to the principal amount thereof, together with accrued interest to the date fixed for redemption, without
premium. The principal amounts represented by such Refunding Bonds to be so redeemed and the
dates therefore and the final payment date is as indicated in the following table:
Redemption Dates Principal Amounts
TOTAL $
The principal amount to be redeemed in each year shown above will be reduced
proportionately or as otherwise directed by the District, in integral multiples of $5,000, by any
portion of the Refunding Term Bond optionally redeemed prior to the mandatory sinking fund redemption date.
If less than all of the bonds of any one maturity shall be called for redemption, the particular
bonds or portions of bonds of such maturity to be redeemed shall be selected by lot by the District
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in such manner as the District in its discretion may determine; provided, however, that the portion of
any bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. If less than all of the bonds stated to mature on different dates shall be called for redemption, the
particular bonds or portions thereof to be redeemed shall be called in any order of maturity selected
by the District or, if not so selected, in the inverse order of maturity.
Reference is made to the Bond Resolution for a more complete description of the provisions, among others, with respect to the nature and extent of the security for the bonds of this
series, the rights, duties and obligations of the District, the Paying Agent and the Registered
Owners, and the terms and conditions upon which the bonds are issued and secured. The Registered Owner of this bond assents, by acceptance hereof, to all of the provisions of the Bond
Resolution.
It is certified and recited that all acts and conditions required by the Constitution and laws of the State of California to exist, to occur and to be performed or to have been met precedent to and
in the issuing of the bonds in order to make them legal, valid and binding general obligations of the
District, have been performed and have been met in regular and due form as required by law; that
payment in full for the bonds has been received; that no statutory or constitutional limitation on indebtedness or taxation has been exceeded in issuing the bonds; and that due provision has been
made for levying and collecting ad valorem property taxes on all of the taxable property within the
District in an amount sufficient to pay Principal and interest when due.
This bond shall not be valid or obligatory for any purpose and shall not be entitled to any
security or benefit under the Bond Resolution until the Certificate of Authentication below has been
signed.
[REMAINDER OF PAGE LEFT BLANK]
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IN WITNESS WHEREOF, the Long Beach Unified School District, Los Angeles County,
California, has caused this bond to be executed on behalf of the District and in their official capacities by the manual or facsimile signatures of the President of the District and to be
countersigned by the manual or facsimile signature of the [Secretary/Clerk] to the Board of
Education of the District, all as of the date stated above.
LONG BEACH UNIFIED SCHOOL DISTRICT
By: (Facsimile Signature)
President, Board of Education
COUNTERSIGNED:
(Facsimile Signature)
Clerk to the Board of Education
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the Bond Resolution referred to herein which has
been authenticated and registered on ____________, 2012.
U.S. BANK NATIONAL ASSOCIATION, AS AGENT OF THE TREASURER AND TAX COLLECTOR OF
LOS ANGELES COUNTY, as Paying Agent
By: Authorized Representative
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ASSIGNMENT
For value received, the undersigned sells, assigns and transfers to (print or typewrite name, address and zip code of Transferee):
___________________________________________________ this bond and irrevocably
constitutes and appoints attorney to transfer this bond on the books for registration thereof, with full
Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the within bond in every particular, without alteration or any change
whatever, and the signature(s) must be guaranteed by an eligible guarantor
institution.
Social Security Number, Taxpayer Identification Number or other identifying number
of Assignee: _________________
Unless this bond is presented by an authorized representative of The Depository Trust
Company to the issuer or its agent for registration of transfer, exchange or payment, and any bond issued is registered in the name of Cede & Co. or such other name as requested by an authorized
representative of The Depository Trust Company and any payment is made to Cede & Co., ANY
TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein.
LEGAL OPINION
The following is a true copy of the opinion rendered by Stradling Yocca Carlson & Rauth, a
Professional Corporation in connection with the issuance of, and dated as of the date of the original delivery of, the bonds. A signed copy is on file in my office.
(Facsimile Signature)
[Secretary/Clerk] to the Board of Education
(Form of Legal Opinion)
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SECTION 11. Delivery of Refunding Bonds. The proper officials of the District shall
cause the Refunding Bonds to be prepared and, following their sale, shall have the Refunding Bonds signed and delivered, together with a true transcript of proceedings with reference to the
issuance of the Refunding Bonds, to the Underwriter upon payment of the purchase price therefor.
SECTION 12. Deposit of Proceeds of Refunding Bonds; Escrow Agreement. An
amount of proceeds from the sale of the Refunding Bonds necessary to purchase certain Federal Securities, or to otherwise refund the Refunded Bonds, shall be transferred to the Escrow Agent for
deposit in the “Long Beach Unified School District, 2012 General Obligation Refunding Bonds
Escrow Fund” (the “Escrow Fund”) established under the Escrow Agreement, which amount, if uninvested, shall be sufficient, or if invested, together with an amount or amounts of cash held
uninvested therein, shall be sufficient to refund the Refunded Bonds all as set forth in a certificate of
an Authorized Officer. Premium or proceeds received from the sale of the Refunding Bonds desired to pay all or a portion of the costs of issuing the Refunding Bonds may be deposited in the
fund of the District held by a fiscal agent selected thereby and shall be kept separate and distinct
from all other District funds, and those proceeds shall be used solely for the purpose of paying
costs of issuance of the Refunding Bonds.
Any accrued interest received by the District from the sale of the Refunding Bonds shall be
kept separate and apart in the fund hereby created and established and to be designated as the
“Long Beach Unified School District, 2012 General Obligation Refunding Bonds Debt Service Fund” (the “Debt Service Fund”) for the Refunding Bonds and used only for payments of principal of and
interest on the Refunding Bonds. The Debt Service Fund shall be held by the County. A portion of
the premium received by the District from the sale of the Refunding Bonds may be transferred to the Debt Service Fund or applied to the payment of cost of issuance of the Refunding Bonds, or
some combination of deposits. Any excess proceeds of the Refunding Bonds not needed for the
authorized purposes set forth herein for which the Refunding Bonds are being issued shall be
transferred to the Debt Service Fund and applied to the payment of the principal of and interest on the Refunding Bonds. If, after payment in full of the Refunding Bonds, there remain excess
proceeds, any such excess amounts shall be transferred to the general fund of the District.
The moneys in the Debt Service Fund, to the extent necessary to pay the principal of and interest on the Refunding Bonds as the same become due and payable, shall be transferred by the
Treasurer and Tax Collector of Los Angeles County to the Paying Agent which, in turn, shall pay
such moneys to DTC to pay the principal of and interest on the Refunding Bonds. DTC will
thereupon make payments of principal and interest on the Refunding Bonds to the DTC Participants who will thereupon make payments of principal and interest to the beneficial owners of the
Refunding Bonds. Any moneys remaining in the Debt Service Fund after the Refunding Bonds and
the interest thereon have been paid, or provision for such payment has been made, shall be transferred to the general fund of the District.
Except as required below to satisfy the requirements of Section 148(f) of the Code, interest
earned on the investment of monies held in the Debt Service Fund shall be retained in the Debt Service Fund and used to pay principal and interest on the Refunding Bonds when due.
SECTION 13. Rebate Fund.
(a) General. If necessary, there shall be created and established a special fund
designated the “Long Beach Unified School District 2012 General Obligation Refunding Bonds Rebate Fund” (the “Rebate Fund”). All amounts at any time on deposit in the Rebate Fund shall be
held in trust, to the extent required to satisfy the requirement to make rebate payments to the
United States (the “Rebate Requirement”) pursuant to Section 148 of the Code, as the same may be amended from time to time, and the Treasury Regulations promulgated thereunder (the “Rebate
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Regulations”). Such amounts shall be free and clear of any lien hereunder and shall be governed
by this Section and Section 14 of this Resolution and by the that certain tax certificate concerning certain matters pertaining to the use and investment of proceeds of the Refunding Bonds, executed
and delivered to the District on the date of issuance of the Refunding Bonds, including any and all
exhibits attached thereto (the “Tax Certificate”).
(b) Deposits.
(i) Within forty-five (45) days of the end of each fifth Bond Year (as such term is
defined in the Tax Certificate) (1) the District shall calculate or cause to be calculated with
respect to the Refunding Bonds the amount that would be considered the “rebate amount” within the meaning of Section 1.148-3 of the Rebate Regulations, using as the “computation
date” for this purpose the end of such five Bond Years, and (2) the District shall deposit to the
Rebate Fund from deposits from the District or from amounts available therefor on deposit in the other funds established hereunder, if and to the extent required, amounts sufficient to
cause the balance in the Rebate Fund to be equal to the “rebate amount” so calculated.
(ii) The District shall not be required to deposit any amount to the Rebate Fund
in accordance with the preceding sentence if the amount on deposit in the Rebate Fund prior to the deposit required to be made under this subsection (b) equals or exceeds the “rebate
amount” calculated in accordance with the preceding sentence. Such excess may be
withdrawn from the Rebate Fund to the extent permitted under subsection (g) of this Section.
(iii) The District shall not be required to calculate the “rebate amount” and the
District shall not be required to deposit any amount to the Rebate Fund in accordance with
this subsection (b), with respect to all or a portion of the proceeds of the Refunding Bonds (including amounts treated as the proceeds of the Refunding Bonds) (1) to the extent such
proceeds satisfy the expenditure requirements of Section 148(f)(4)(B) or Section 148 (f)(4)(C)
of the Code or Section 1.148-7(d) of the Treasury Regulations or the small issuer exception
of Section 148(f)(4)(D) of the Code, whichever is applicable, and otherwise qualify for the exception of the Rebate Requirement pursuant to whichever of said sections is applicable, or
(2) to the extent such proceeds are subject to an election by the District under
Section 148(f)(4)(C)(vii) of the Code to pay a one and one-half percent (1 %) penalty in lieu of arbitrage rebate in the event any of the percentage expenditure requirements of
Section 148(f)(4)(C) are not satisfied, or (3) to the extent such proceeds qualify for the
exception to arbitrage rebate under Section 148(f)(4)(A)(ii) of the Code for amounts in a
“bona fide debt service fund.” In such event, and with respect to such amounts, the District shall not be required to deposit any amount to the Rebate Fund in accordance with this
subsection (b).
(c) Withdrawal Following Payment of Refunding Bonds. Any funds remaining in the Rebate Fund after redemption of all the Refunding Bonds and any amounts described in paragraph
(ii) of subsection (d) of this Section, including accrued interest, shall be transferred to the General
Fund of the District.
(d) Withdrawal for Payment of Rebate. Subject to the exceptions contained in
subsection (b) of this Section to the requirement to calculate the “rebate amount” and make
deposits to the Rebate Fund, the District shall pay to the United States, from amounts on deposit in
the Rebate Fund,
(i) not later than sixty (60) days after the end of (a) the fifth (5th) Bond Year, and
(b) each fifth (5th) Bond Year thereafter, an amount that, together with all previous rebate
payments, is equal to at least 90% of the “rebate amount” calculated as of the end of such Bond Year in accordance with Section 1.148-3 of the Rebate Regulations; and
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(ii) not later than sixty (60) days after the payment of all Refunding Bonds, an
amount equal to one hundred percent (100%) of the “rebate amount” calculated as of the date of such payment (and any income attributable to the “rebate amount” determined to be
due and payable) in accordance with Section 1.148-3 of the Rebate Regulations.
(e) Rebate Payments. Each payment required to be made pursuant to subsection (d) of
this Section shall be made to the Internal Revenue Service Center, Ogden, Utah 84201, on or before the date on which such payment is due, and shall be accompanied by Internal Revenue
Service Form 8038-T, such form to be prepared or caused to be prepared by or on behalf of the
District.
(f) Deficiencies in the Rebate Fund. In the event that, prior to the time of any payment
required to be made from the Rebate Fund, the amount in the Rebate Fund is not sufficient to make
such payment when such payment is due, the District shall calculate the amount of such deficiency and deposit an amount equal to such deficiency into the Rebate Fund prior to the time such
payment is due.
(g) Withdrawals of Excess Amount. In the event that immediately following the
calculation required by subsection (b) of this Section, but prior to any deposit made under said subsection, the amount on deposit in the Rebate Fund exceeds the “rebate amount” calculated in
accordance with said subsection, upon written instructions from the District, the District may
withdraw the excess from the Rebate Fund and credit such excess to the Debt Service Fund.
(h) Record Retention. The District shall retain records of all determinations made
hereunder until three years after the retirement of the Refunding Bonds.
(i) Survival of Defeasance. Notwithstanding anything in this Resolution to the contrary, the Rebate Requirement shall survive the payment in full or defeasance of the Refunding Bonds.
SECTION 14. Security for the Refunding Bonds. There shall be levied on all the taxable
property in the District, in addition to all other taxes, a continuing direct ad valorem tax annually
during the period the Refunding Bonds are outstanding in an amount sufficient to pay the principal of and interest on the Refunding Bonds when due, which moneys when collected will be placed in
the Debt Service Fund of the District and used for the payment of the principal of and interest on the
Refunding Bonds when and as the same fall due, and for no other purpose. The District covenants to cause the County to take all actions necessary to levy such ad valorem tax in accordance with
this Section 14 and Section 53559 of the Act.
SECTION 15. Arbitrage Covenant. The District will restrict the use of the proceeds of the
Refunding Bonds in such manner and to such extent, if any, as may be necessary, so that the Refunding Bonds will not constitute arbitrage bonds under Section 148 of the Code and the
applicable regulations prescribed under that Section or any predecessor section.
SECTION 16. Legislative Determinations. The Board determines that all acts and conditions necessary to be performed by the Board or to have been met precedent to and in the
issuing of the Refunding Bonds in order to make them legal, valid and binding general obligations of
the District have been performed and have been met, or will at the time of delivery of the Refunding Bonds have been performed and have been met, in regular and due form as required by law; and
that no statutory or constitutional limitation of indebtedness or taxation will have been exceeded in
the issuance of the Refunding Bonds. Furthermore, the Board finds and determines pursuant to
Section 53552 of the Act that the prudent management of the fiscal affairs of the District requires that it issue the Refunding Bonds without submitting the question of the issuance of the Refunding
Bonds to a vote of the qualified electors of the District.
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SECTION 17. Official Statement. The Preliminary Official Statement relating to the
Refunding Bonds, substantially in the form on file with the Board is hereby approved and the Authorized Officers, each alone, are hereby authorized and directed, for and in the name and on
behalf of the District, to deliver such Preliminary Official Statement to the Underwriter to be used in
connection with the offering and sale of the Refunding Bonds. The Authorized Officers, each alone,
are hereby authorized and directed, for and in the name and on behalf of the District, to deem the Preliminary Official Statement “final” pursuant to 15c2-12 of the Securities Exchange Act of 1934,
prior to its distribution and to execute and deliver to the Underwriter a final Official Statement,
substantially in the form of the Preliminary Official Statement, with such changes therein, deletions therefrom and modifications thereto as the Authorized Officer executing the same shall approve.
The Underwriter are hereby authorized to distribute copies of the Preliminary Official Statement to
persons who may be interested in the purchase of the Refunding Bonds and is directed to deliver copies of any final Official Statement to the purchasers of the Refunding Bonds. Execution of the
Official Statement shall conclusively evidence the District’s approval of the Official Statement.
SECTION 18. Insurance. In the event the District purchases bond insurance for the
Refunding Bonds, and to the extent that the Bond Insurer makes payment of the principal or interest on the Refunding Bonds, it shall become the Owner of such Refunding Bonds with the right to
payment of principal or interest on the Refunding Bonds, and shall be fully subrogated to all of the
Owners’ rights, including the Owners’ rights to payment thereof. To evidence such subrogation (i) in the case of subrogation as to claims that were past due interest components, the Paying Agent
shall note the Bond Insurer’s rights as subrogee on the registration books for the Refunding Bonds
maintained by the Paying Agent upon receipt of a copy of the cancelled check issued by the Bond Insurer for the payment of such interest to the Owners of the Refunding Bonds, and (ii) in the case
of subrogation as to claims for past due principal, the Paying Agent shall note the Bond Insurer as
subrogee on the registration books for the Refunding Bonds maintained by the Paying Agent upon
surrender of the Refunding Bonds by the Owners thereof to the Bond Insurer or the insurance trustee for the Bond Insurer.
SECTION 19. Defeasance. All or any portion of the outstanding maturities of the Refunding
Bonds may be defeased prior to maturity in the following ways:
(a) Cash: by irrevocably depositing with an independent escrow agent selected by the
District an amount of cash which, together with amounts transferred from the Debt Service Fund, if
any, is sufficient to pay and discharge all Refunding Bonds outstanding and designated for
defeasance (including all principal and interest represented thereby and prepayment premiums, if any) at or before their maturity date; or
(b) Government Obligations: by irrevocably depositing with an independent escrow
agent selected by the District noncallable Government Obligations, together with cash, if required, in such amount as will, in the opinion of an independent certified public accountant, together with
interest to accrue thereon and moneys transferred from the Debt Service Fund, if any, together with
the interest to accrue thereon, be fully sufficient to pay and discharge all Refunding Bonds outstanding and designated for defeasance (including all principal and interest represented thereby
and prepayment premiums, if any) at or before their maturity date;
then, notwithstanding that any of such Refunding Bonds shall not have been surrendered for
payment, all obligations of the District with respect to all such designated outstanding Refunding Bonds shall cease and terminate, except only the obligation of the Paying Agent or an independent
escrow agent selected by the District to pay or cause to be paid from funds deposited pursuant to
paragraphs (a) or (b) of this Section, to the Owners of such designated Refunding Bonds not so surrendered and paid all sums due with respect thereto.
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For purposes of this Section, “Government Obligations” shall mean:
Direct and general obligations of the United States of America (which may consist of obligations of the Resolution Funding Corporation that constitute interest strips), or obligations that
are unconditionally guaranteed as to principal and interest by the United States of America, or
“prerefunded” municipal obligations rated in the highest rating category by Moody’s Investors
Service or Standard & Poor’s. In the case of direct and general obligations of the United States of America, Government Obligations shall include evidences of direct ownership of proportionate
interests in future interest or principal payments of such obligations. Investments in such
proportionate interests must be limited to circumstances where (a) a bank or trust company acts as custodian and holds the underlying United States obligations; (b) the owner of the investment is the
real party in interest and has the right to proceed directly and individually against the obligor of the
underlying United States obligations; and (c) the underlying United States obligations are held in a special account, segregated from the custodian’s general assets, and are not available to satisfy
any claim of the custodian, any person claiming through the custodian, or any person to whom the
custodian may be obligated; provided that such obligations are rated or assessed “AAA” by
Standard & Poor’s or “Aaa” by Moody’s Investors Service.
SECTION 20. Other Actions, Determinations and Approvals.
(a) Officers of the Board, District officials and staff are hereby authorized and directed,
jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to proceed with the issuance of the
Refunding Bonds and otherwise carry out, give effect to and comply with the terms and intent of this
Resolution. Such actions heretofore taken by such officers, officials and staff are hereby ratified, confirmed and approved.
(b) The Board hereby finds and determines that both the total net interest cost to
maturity on the Refunding Bonds plus the principal amount of the Refunding Bonds will be less than
the total net interest cost to maturity on the Refunded Bonds plus the principal amount of the Refunded Bonds.
(c) The Board anticipates that the Refunded Bonds will be redeemed on the first
respective optional redemption dates of the Refunded Bonds following the issuance of the Refunding Bonds.
(d) The Board hereby appoints U.S. Bank National Association as Escrow Agent for the
Refunding Bonds and approves the form of the Escrow Agreement substantially in the form on file
with the Board. The Authorized Officers, each alone, are hereby authorized to execute the Escrow Agreement with such changes as they shall approve, such approval to be conclusively evidenced
by either individual’s execution and delivery thereof.
(e) The Board hereby appoints Keygent LLC as financial advisor, Stradling Yocca Carlson & Rauth, a Professional Corporation, San Francisco, California, as Bond Counsel and
Disclosure Counsel with respect to the issuance of the Refunding Bonds. The Authorized Officers
are authorized to enter into appropriate contracts with such firms on terms acceptable to the Authorized Officers.
(f) The provisions of this Resolution as they relate to the terms of the Refunding Bonds
may be amended by the Purchase Contract; if the Purchase Contract so provides, the Refunding
Bonds may be issued as crossover refunding bonds pursuant to Section 53558(b) of the Government Code.
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SECTION 21. Resolution to Treasurer and Tax Collector. The Clerk of this Board is
hereby directed to provide a certified copy of this Resolution to the Treasurer and Tax Collector of Los Angeles County immediately following its adoption.
SECTION 22. Continuing Disclosure. The District hereby covenants and agrees that it
will comply with and carry out all of the provisions of that certain Continuing Disclosure Certificate
executed by the District and dated the date of issuance and delivery of the Refunding Bonds, as originally executed and as it may be amended from time to time in accordance with the terms
thereof. Any Bondholder may take such actions as may be necessary and appropriate, including
seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Section. Noncompliance with this Section shall not result in acceleration of
the Refunding Bonds.
SECTION 23. Recitals. All the recitals in this Resolution above are true and correct and this Board so finds, determines and represents.
SECTION 24. Effective Date. This Resolution shall take effect immediately upon its
passage.
PASSED AND ADOPTED this 21st day of February, 2012.
BOARD OF EDUCATION OF THE LONG
BEACH UNIFIED SCHOOL DISTRICT
_____________________________________ President, Board of Education
Long Beach Unified School District
Attest:
_____________________________________
Clerk to the Board of Education
Long Beach Unified School District
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CLERK’S CERTIFICATE
I, Chris Steinhauser, Clerk to the Board of Education of the Long Beach Unified School District (the “District”), hereby certify as follows:
The foregoing is a full, true and correct copy of a resolution duly adopted at a regular
meeting of the Board of the District duly and regularly and legally held at the regular meeting place
thereof on February 21, 2012, of which meeting all of the members of the Board of said District had due notice and at which a quorum was present.
An Agenda of said meeting was posted at least 72 hours before said meeting at a location
freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. A copy of said agenda is attached hereto.
I have carefully compared the same with the original minutes of said meeting on file and of
record in my office and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its adoption,
Through successive acquisitions, the City of Long Beach (“City”) came to hold a Right of Way (“ROW”) to lay and maintain water pipes and incidental purposes on the site of Roosevelt
Elementary School (“Site”). This ROW is no longer needed. On December 28, 2011, the City
executed a “Quitclaim” of this ROW to the District. In order for the Quitclaim to be effective, the
District must affirmatively accept it. Government Code section 27281 sets forth the required language in the form of a Certificate of Acceptance for the District, as a public entity, to
effectively accept the Quitclaim. The signed and notarized Certificate of Acceptance must be
attached to the Quitclaim when it is recorded. Resolution No. 022112-B is to accept the Quitclaim and authorize the Superintendent or his designee to execute the Certificate of
Acceptance to be attached to the Quitclaim and to record the accepted Quitclaim.
RECOMMENDATION
District staff recommends the adoption of Resolution No. 022112-B, for the reasons set forth
above.
Prepared By: Approved and Recommended:
Carri M. Matsumoto Jim Novak
Executive Director Chief Business Financial Officer
Facilities Planning & Development
RESOLUTION NO. 022112-B
A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION
OF THE LONG BEACH UNIFIED SCHOOL DISTRICT
TO ACCEPT CITY OF LONG BEACH QUITCLAIM
FOR THE ROOSEVELT ELEMENTARY SCHOOL SITE
WHEREAS, the Long Beach Unified School District (“District”) currently owns the
parcels that are the site of Roosevelt Elementary School (“Property”), located at 1574 Linden Avenue in Long Beach;
WHEREAS, the City of Long Beach (“City”) held a “Right-Of-Way” to lay and maintain water pipes and incidental purposes on the Property;
WHEREAS, the City no longer needs the Right-Of-Way;
WHEREAS, the District desires to eliminate all possible encumbrances to title of the
Property;
WHEREAS, the City quitclaimed the Right-Of-Way to the District by executing the
“Quitclaim,” attached hereto as Exhibit 1; and
WHEREAS, pursuant to Government Code section 27281, the District must accept the
Quitclaim prior to becoming effective.
NOW THEREFORE, BE IT RESOLVED THAT the District’s Board of Education hereby accepts the Quitclaim.
IT IS FURTHER RESOLVED THAT the Superintendent or his designee shall execute a Certificate of Acceptance and record the accepted Quitclaim with the Los Angeles County
Recorder.
IN WITNESS THEREOF, we have hereunto set our hands on this 21st (day) of February 2012.
BOARD OF EDUCATION OF THE LONG
BEACH UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY
By: ________________________________
President
By: ________________________________ Vice President
By: ________________________________ Member
By: ________________________________
Member
By: ________________________________ Member
EXHIBIT 1
EXHIBIT A
EXHIBIT A (CONT.)
EXHIBIT 1
CERTIFICATE OF ACCEPTANCE
(Government Code section 27281)
This is to certify that the interest in real property conveyed by the forgoing Quitclaim Deed,
dated December 28, 2011, from the City of Long Beach to the Long Beach Unified School
District, a political corporation and/or governmental agency, is hereby accepted by the
undersigned officer on behalf of the Board of Education of the Long Beach Unified School District pursuant to the authority conferred by resolution of the Board of Education adopted on
February 21, 2012, and the grantee consents to the recordation thereof by its duly authorized
officer.
I have executed this certificate of acceptance on February 21, 2012.
Through successive acquisitions, the City of Long Beach (“City”) came to hold a Right Of Way
(“ROW”) for water pipes and incidental purposes at the site of the future New High School #2 at the Browning Site (“Site”). This ROW is no longer needed. On October 20, 2011, the City
executed a “Quitclaim” of this ROW to the District. In order for the Quitclaim to be effective, the
District must affirmatively accept it. Government Code section 27281 sets forth the required language in the form of a Certificate of Acceptance for the District, as a public entity, to
effectively accept the Quitclaim. The signed and notarized Certificate of Acceptance must be
attached to the Quitclaim when it is recorded. Resolution No. 022112-C is to accept the Quitclaim and authorize the Superintendent or his designee to execute the Certificate of
Acceptance to be attached to the Quitclaim and to record the accepted Quitclaim.
RECOMMENDATION
District staff recommends the adoption of Resolution No. 022112-C for the reasons set forth
above.
Prepared By: Approved and Recommended:
Carri M. Matsumoto Jim Novak
Executive Director Chief Business Financial Officer
Facilities Planning & Development
RESOLUTION NO. 022112-C
A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH
UNIFIED SCHOOL DISTRICT TO ACCEPT CITY OF LONG BEACH QUITCLAIM
FOR THE FUTURE NEW HIGH SCHOOL #2 AT THE BROWNING SITE
WHEREAS, the Long Beach Unified School District (“District”) currently owns the two
vacant parcels that will become the New High School #2 at the Browning Site (“Property”),
which is generally located on the southwest corner of Hill Street and Redondo Avenue in Long Beach;
WHEREAS, the City of Long Beach (“City”) held a “Right-Of-Way” for water pipes and incidental purposes on the Property;
WHEREAS, the City no longer needs the Right-Of-Way;
WHEREAS, the District desires to eliminate all possible encumbrances to title of the
Property;
WHEREAS, the City quitclaimed the Right-Of-Way to the District by executing the
“Quitclaim,” attached hereto as Exhibit 1; and
WHEREAS, pursuant to Government Code section 27281, the District must accept the
Quitclaim prior to becoming effective.
NOW THEREFORE, BE IT RESOLVED THAT the District’s Board of Education hereby accepts the Quitclaim.
IT IS FURTHER RESOLVED THAT the Superintendent or his designee shall execute a Certificate of Acceptance and record the accepted Quitclaim with the Los Angeles County
Recorder.
IN WITNESS THEREOF, we have hereunto set our hands on this 21st (day) of February 2012.
BOARD OF EDUCATION OF THE LONG
BEACH UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY
By: ________________________________
President
By: ________________________________ Vice President
By: ________________________________ Member
By: ________________________________ Member
By: ________________________________
Member
EXHIBIT 1
EXHIBIT A
EXHIBIT A (CONT.)
CERTIFICATE OF ACCEPTANCE
(Government Code section 27281)
This is to certify that the interest in real property conveyed by the forgoing Quitclaim Deed,
dated December 28, 2011, from the City of Long Beach to the Long Beach Unified School
District, a political corporation and/or governmental agency, is hereby accepted by the
undersigned officer on behalf of the Board of Education of the Long Beach Unified School District pursuant to the authority conferred by resolution of the Board of Education adopted on
February 21, 2012, and the grantee consents to the recordation thereof by its duly authorized
officer.
I have executed this certificate of acceptance on February 21, 2012.
Through historical successive acquisitions, Southern California Gas Company (“SoCal Gas”)
came to hold a ten-foot wide by approximately 110-foot long Right Of Way (“ROW”) for a natural
gas pipeline across the northeastern corner of property at the future New High School #2
Browning Site (“Site”), located at 3250 E. Hill Street, Long Beach. This ROW is no longer needed by SoCal Gas as investigative studies have confirmed that the pipeline does not exist.
On January 18, 2012, SoCal Gas executed a “Quitclaim Deed” of this ROW to the District. The
District must affirmatively accept the Quitclaim per Government Code section 27281. Resolution No. 022112-D is to accept the Quitclaim and authorize the Superintendent or his
designee to execute the Certificate of Acceptance to be recorded as the accepted Quitclaim.
RECOMMENDATION
District staff recommends the adoption of Resolution No. 022112-D, for the reasons set forth
above.
Prepared By: Approved and Recommended:
Carri M. Matsumoto Christopher J. Steinhauser Executive Director, Superintendent of Schools
Facilities Planning & Development
Approved by:
James Novak
Chief Business Financial Officer
RESOLUTION NO. 022112-D
A RESOLUTION OF THE GOVERNING BOARD OF EDCUATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT TO ACCEPT THE SOUTHERN CALIFORNIA GAS COMPANY QUITCLAIM OF
R.O.W. AT THE FUTURE NEW HIGH SCHOOL #2 AT THE BROWNING SITE
WHEREAS, the Long Beach Unified School District (“District”) currently owns the two vacant parcels that will become the New High School #2 at the Browning Site (“Property”), which is generally located on the southwest corner of Hill Street and Redondo Avenue in Long Beach, as described in attached Exhibit A;
WHEREAS, the Southern California Gas Company (“SoCal Gas”) held a 10-foot wide by approximately 110-foot long “Right-Of-Way” for a natural gas pipeline across the northeastern corner of the Property;
WHEREAS, SoCal Gas no longer needs the Right-Of-Way;
WHEREAS, the District desires to eliminate all possible encumbrances to title of the Property; WHEREAS, SoCal Gas quitclaimed the Right-Of-Way to the District on January 18, 2012 by
executing the “Quitclaim Deed,” attached hereto as Exhibit B; and WHEREAS, pursuant to Government Code section 27281, the District must accept the Quitclaim
prior to becoming effective. NOW THEREFORE, BE IT RESOLVED THAT the District’s Board of Education hereby accepts
the Quitclaim. IT IS FURTHER RESOLVED THAT the Superintendent or his designee shall execute a
Certificate of Acceptance and record the accepted Quitclaim with the Los Angeles County Recorder. IN WITNESS THEREOF, we have hereunto set our hands on this 21
st (day) of February 2012.
BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY
By: ________________________________ President
By: ________________________________ Vice President By: ________________________________ Member
By: ________________________________ Member
By: ________________________________ Member
EXHIBIT A
EXHIBIT A (CONT.)
EXHIBIT B
EXHIBIT B (CONT.)
EXHIBIT B (CONT.)
CERTIFICATE OF ACCEPTANCE
(Government Code section 27281)
This is to certify that the interest in real property conveyed by the forgoing Quitclaim Deed,
dated January 18, 2012, from the Southern California Gas Company to the Long Beach Unified
School District, a political corporation and/or governmental agency, is hereby accepted by the
undersigned officer on behalf of the Board of Education of the Long Beach Unified School District pursuant to the authority conferred by resolution of the Board of Education adopted on
February 21, 2012, and the grantee consents to the recordation thereof by its duly authorized
officer.
I have executed this certificate of acceptance on February 21, 2012.
Christopher J. Steinhauser, Superintendent Long Beach Unified School District
RESOLUTION NO. 022112- E
A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION
OF THE LONG BEACH UNIFIED SCHOOL DISTRICT REGARDING
REDUCTION OR ELIMINATION OF CERTAIN CERTIFICATED SERVICES (Education Code sections 44949 and 44955)
WHEREAS, Sections 44949 and 44955 of the Education Code require action by the Board of Education in order to reduce or eliminate services and permit the layoff of certificated
employees; and,
WHEREAS, the Superintendent of the Long Beach Unified School District has
recommended to the Board of Education that particular kinds of services be reduced or
eliminated no later than the beginning of the 2012-2013 school year; and,
WHEREAS, the Board of Education has determined that a reduction or elimination of
particular kinds of services is needed no later than the beginning of the 2012-2013 school year;
and,
WHEREAS, as a result of the reduction or elimination of particular kinds of services, it
will be necessary to reduce the number of certificated employees of the District; and,
WHEREAS, the District currently employs permanent, probationary, temporary leave
replacement, temporary categorical, and substitute certificated employees; and,
WHEREAS, certain temporary leave replacement and temporary categorical employees
were previously employed by the District as probationary or permanent certificated employees
prior to the current 2011-2012 school year; and,
WHEREAS, such employees who were previously employed by the District as
probationary or permanent certificated employees who were laid off pursuant to Education Code
sections 44949 and 44955 prior to the current 2011-2012 school year possess and maintain rights to the extent provided by Education Code sections 44956 (permanent) and 44957
(probationary); and,
WHEREAS, employment during the current 2011-2012 school year as a substitute,
temporary leave replacement, or temporary categorical employee does not constitute a
reinstatement of employment or affect any rights possessed by such employees under Education Code sections 44956 and 44957; and,
WHEREAS, the Board of Education has considered all positively assured attrition which
has occurred to date, that is, all deaths, resignations, retirements and other permanent vacancies, in reducing these services and, in addition to the attrition already assured, finds it
necessary to reduce additional particular kinds of services; and,
WHEREAS, any additional attrition occurring after the date of this resolution will be
taken into account by the District prior to issuing final notices of layoff or release by the deadline
fixed by law.
NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the Long
Beach Unified School District:
2
1. That all of the foregoing recitals are true and correct.
2. That because of the financial constraints resulting from revenue being insufficient
to maintain the current levels of programs, and necessary program changes
resulting therefrom, the Board of Education hereby determines to reduce or eliminate those positions set forth in Exhibit A, attached hereto and incorporated
by reference herein, listing by level, subject field or classification, and full-time
equivalent, those positions that shall be reduced or eliminated no later than the beginning of the 2012-2013 school year.
3. That because of the elimination and reduction of particular kinds of services listed in Exhibit A it is necessary to terminate at the end of the 2011-2012 school
year certificated employees equal in number to the positions affected in the
reduction or elimination of the above-described particular kinds of service.
4. That in identifying the particular kinds of services listed in Exhibit A for reduction
or elimination, the Board of Education confirms that all programs and services
performed by certificated employees of the District that are not so identified shall be maintained and staffed with individuals who are both competent and
credentialed to perform such services. The Board of Education reserves the right
to identify additional services for reduction or elimination.
5. That the seniority and qualifications of some of the employees in the services
being reduced or eliminated are such that they have displacement rights by virtue
of seniority, and that, unless permitted by law, no employee will be terminated while a less senior employee is retained to render a service which the more
senior employee is both certificated and competent to render.
6. That in selecting those probationary and permanent certificated employees who
shall receive notice of termination pursuant to this Resolution, Education Code
section 44955 requires the Board of Education to state specific criteria to be used
in determining the order of termination of certificated employees who first rendered paid service to the Board of Education in a probationary position on the
same date.
7. That the criteria to be used in determining the order of termination of certificated
employees who first rendered paid service to the Board of Education in a
probationary position on the same date are listed and described in Exhibit B, which is attached hereto and incorporated by reference herein.
8. That the criteria to be used in determining the order of termination of certificated
employees who first rendered paid service to the Board of Education in a probationary position on the same date, listed and described in Exhibit B, are
based solely on the needs of the Long Beach Unified School District and the
students thereof.
9. That the criteria for determining the order of termination of certificated employees
who first rendered paid service to the Board of Education in a probationary position on the same date shall only be applied to those employees serving in
probationary or permanent positions during the current 2011-2012 school year,
and shall not be applied to any individuals who for during the current 2011-2012
3
school year are classified as temporary leave replacement, temporary
categorical, or substitute employees.
10. That in selecting those probationary and permanent certificated employees who
shall receive notice of termination pursuant to this Resolution, Education Code
section 44955 allows the Board of Education to deviate from terminating a certificated employee in order of seniority by virtue of their competence,
credential(s), assignment, and the specific needs of the District and its students.
11. That the criteria that will be applied to deviate from terminating certificated
employees who may otherwise be terminated by order of seniority, are based on
the needs of the students of the District, and will ensure that, unless permitted by law, no employee will be terminated while a less senior employee is retained to
render service which the more senior employee is both certificated and
competent to render.
12. That unless specifically identified in Exhibit A as a particular kind of service to be
eliminated or reduced, Administration shall ensure that each and every remaining
program is staffed with certificated employees who are competent and credentialed for the specific program.
13. That in observing the statutory rights of more senior certificated employees performing services in a subject matter or field identified by the District for
reduction or elimination to displace a less senior certificated employee, a more
senior certificated employee may displace a less senior certificated employee if it
is established to the satisfaction of the District that the more senior certificated employee is competent and credentialed to render the services performed by a
less senior certificated employee. Qualifications for a position must include
status of “highly qualified” for the subject or field within the meaning of the No Child Left Behind Act, appropriate certification qualifications (including
appropriate English Language authorizations), and all special authorizations
required for the position. In no event may a more senior employee displace a
less senior employee unless the more senior employee is both competent and credentialed for the entire assignment of the less senior employee.
14. That the Superintendent or his designated representative will send appropriate notices to all probationary and permanent employees possibly affected by virtue
of the reduction and elimination of particular kinds of service. Said notices shall
serve as notice that it has been recommended that each of their services will not be required for the 2012-2013 school year, pursuant to Education Code sections
44949 and 44955.
15. That the Superintendent or his designee shall notify all and temporary categorical certificated employees that if they claim they cannot be released pursuant to
Section 44954, and they believe they are entitled to a hearing pursuant to
Sections 44949 and 44955, they should request a hearing on the merits.
16. That said notices to temporary categorical employees shall state that, in the
event they claim they are, in fact, currently probationary or permanent certificated employees of the District, or otherwise believe they may participate in the
certificated layoff hearing process, said notices also serve as notice that it has
4
been recommended that each of their services will not be required for the 2012-
2013 school year, pursuant to Education Code sections 44949 and 44955.
17. That there is no relative seniority among temporary categorical certificated
employees.
18. That employees currently classified as temporary categorical have no right to
displace probationary and permanent certificated employees.
19. That in any event, all employees classified as temporary leave replacement or
temporary categorical certificated employees shall pursuant to Education Code
sections 44949, 44954 and 44955, be released by this action of the Board of Education no later than the end of the 2011-2012 school year.
20. That this Board of Education hereby affirms that individuals previously employed
as probationary and permanent employees prior to the current 2011-2012 school year and who were laid off from such employment in a prior school year maintain
the rights and privileges accorded to probationary and permanent employees laid
off during any prior school year, to the extent those employees continue to hold a place on a 24- or 39-month reemployment list pursuant to Education Code
sections 44956 and 44957, and that the Board of Education’s current action shall
in no way be deemed to impair those established rights.
21. That the Superintendent or his designee is delegated authority to take all actions
necessary and appropriate to the accomplishment of the purposes of this
Resolution.
ADOPTED, SIGNED AND APPROVED by the Board of Education of Long Beach
Unified School District this 21st day of February, 2012.
________________________________
President of the Governing Board for the Long Beach Unified School District
I, __Christopher Steinhauser__, Clerk of the Governing Board of Long Beach Unified
School District, do hereby certify that the foregoing Resolution was adopted by the Governing
Board of said District at a meeting of said Board on the 21st day of February 2012, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
Clerk of the Governing Board of
Long Beach Unified School District
PARTICULAR KINDS OF SERVICES
Full Time Equivalents (FTE)
K-12 Special Contract
Elementary School Services FTE
Elementary Classroom Instruction (K-3) 15.00
Elementary Classroom Instruction (4-5) 6.00
Elementary Computer 1.00
Elementary Music 0.95
22.95 SUB TOTAL ELEMENTARY
Middle/K-8 School Services FTE
Middle/K-8 School English 3.00
Middle/K-8 School Foreign Language, Spanish 1.00
Middle/K-8 School Grade 6 Literacy 2.00
Middle/K-8 School History 1.00
Middle/K-8 School History / Language Arts 2.00
Middle/K-8 School Language Arts 0.20
Middle/K-8 School Language Arts/ ELD 1.00
Middle/K-8 School Music 2.50
Middle/K-8 School Physical Education 1.00
Middle/K-8 School Physical Education/ Art 1.00
Middle/K-8 School Self-Contained/ Core - 6th Grade 11.00
Middle/K-8 School Self-Contained - 8th Grade 2.00
Middle/K-8 School Special Ed - Emotionally Disturbed/Mild Moderate 10.00
Middle/K-8 School Special Ed - Moderate Severe 2.00
39.70 SUB TOTAL MIDDLE/K-8
High School Services FTE
High School Art Instruction 3.60
High School Auto Shop 1.00
High School English 3.80
High School English/ ELD 1.00
High School Foreign Language, Spanish 2.40
High School Graphic Art 1.00
High School Independent Study 5.00
High School Junior ROTC 1.00
High School Music 2.00
High School Nurse 0.50
High School Physical Education 0.60
High School Social Science/ History 7.00
High School Work Based Learning/ Career Tech Ed 12.40
41.30 SUB TOTAL HIGH SCHOOL
Coordinated Student Services FTE
Psychologists 1.80
1.80 SUB TOTAL COORDINATED
STUDENT SERVICES
EPHS FTE
Independent Study 2.00
2.00 SUB TOTAL EPHS
High School Office FTE
Literacy Coach 1.00
1.00 SUB TOTAL HIGH SCHOOL OFFICE
EXHIBIT A - Revised 2/21/12
PARTICULAR KINDS OF SERVICES
EXHIBIT A - Revised 2/21/12
Nursing Services FTE
Nurse 0.50
0.50 SUB TOTAL NURSING SERVICES
OCIPD FTE
Administration, Program Specialists 2.00
2.00 SUB TOTAL OCIPD
PALMS OFFICE FTE
Special Assignment, Foreign Language 1.00
1.00 SUB TOTAL PALMS OFFICE
Special Projects FTE
Administration, Program Specialist 1.00
1.00 SUB TOTAL SPECIAL PROJECTS
TOTAL K-12 SPECIAL CONTRACT 113.25 FTE REDUCTIONS
Head Start Special Contract FTE
Assistant Director, Child Services 1.00
Early Head Start Manager 1.00
Education Services Assistant 1.00
Education Specialists 6.93
Teachers 116.60
126.53 SUB TOTAL HEAD START
Child Development Center FTE
Teachers 44.00 2.40 SC
44.00 SUB TOTAL CHILD
DEVELOPMENT CENTER
K-12 Subject Areas FTE
Health 3.00
Home Economics 1.00
Industrial Arts/Wood Shop 1.00
Physical Education 3.00
8.00 SUB TOTAL K-12
SUBJECT AREAS
Special Education FTE
Deaf & Hard of Hearing 2.00
2.00 SUB TOTAL SPECIAL EDUCATION
Adult Education FTE
Long Beach School for Adults 5.00
5.00 SUB TOTAL ADULT EDUCATION
Districtwide Programs FTE
Counseling Services 10.00
10.00 SUB TOTAL DISTRICTWIDE
PROGRAMS
TOTAL FTE REDUCTIONS 308. 76
PARTICULAR KINDS OF SERVICES
EXHIBIT A - Revised 2/21/12
Hourly Support Programs Positions
After School Tutoring 7
CAHSEE Prep 2
Computer 1
Counselor 4
Career Tech Ed 4
ESL 13
Family Literacy 2
GED Preparation 2
GED Testing 1
Gifted Testing 1
Learning Center 5
Literacy Center 3
Spanish 1
46 SUB TOTAL HOURLY
SUPPORT POSITIONS
LONG BEACH UNIFIED SCHOOL DISTRICT
EXHIBIT B
Criteria to be Applied to Determine Order of Layoff For those Certificated Employees with the Same Date of First Paid Probationary Service
The following criteria will be applied in the priority order indicated to determine which Certificated employees meet the particular needs of the District in the event that all certificated employees with the same date of hire are not terminated. These criteria meet the particular needs of the District at the present time:
1. Persons with preliminary or clear credentials authorizing service as a Speech Therapist.
2. Persons with preliminary or clear EL Certification with an included bilingual
component (BCLAD or equivalent) who also have preliminary or clear credentials authorizing service in the areas of Special Education.
3. Persons with non-bilingual preliminary or clear EL certification (CLAD/SB 395
or equivalent) who also have preliminary or clear credentials authorizing service in the areas of Special Education.
4. Persons with preliminary or clear credentials authorizing service in the areas of
Special Education.
5. Persons with preliminary or clear EL Certification with an included bilingual component (BCLAD or equivalent) who also have a preliminary or clear single subject credential.
6. Persons with non-bilingual preliminary or clear EL certification (CLAD/SB 395
or equivalent) who also have a preliminary or clear single subject credential.
7. Persons with a preliminary or clear single subject credential. 8. Persons with preliminary or clear EL Certification with an included bilingual
component (BCLAD or equivalent) who also have a preliminary or clear multiple subject credential.
9. Persons with non-bilingual preliminary or clear EL certification (CLAD/SB 395
or equivalent) who also have a multiple subject credential. 10. Persons with a preliminary or clear multiple subject credential.
11. Persons with a Master’s Degree.
REVISED
12. Status in the following priority as a:
A. Permanent B. Probationary 2 C. Probationary 1
13. Persons with credentials or certificates authorizing services in classes for
limited or non-English proficient students priority listed as follows:
A. Bilingual Cross Cultural Language and Academic Development (BCLAD); B. Cross Cultural Language and Academic Development (CLAD), or
equivalent.
14. Persons with one or more of the following preliminary or clear credentials priority listed as follows:
A. Single Subject Credential and Special Education Credential; B. Multiple Subject Credential and Special Education Credential; C. Single Subject Credential and Supplemental Credential; D. Single Subject Credential and Multiple Subject Credential E. Multiple Subject Credential and Supplemental Credential;
15. Persons who have held a Board Authorization during the 2010-2011 2011–2012 school year.
16. Persons with specialized training in reading instruction priority listed as follows:
A. Reading Recovery Certificate B. Reading Specialist Certificate
17. Persons with specialized training in the following areas:
A. Advanced Placement B. National Board Certification C. GATE Certification D. AVID E. International Baccalaureate Certificate F. Non-violent Crisis Intervention Certificate
18. Years of total service to the District. 19. If ties cannot be broken by using the above criteria then order of seniority shall
be determined among employees in each tie according to the last four digits of each tied employee's individual employee identification number, with the highest number in each tied group being assigned the greatest seniority.