HARTNELL COMMUNITY COLLEGE DISTRICT
REGULAR MEETING OF THE BOARD OF TRUSTEES
AGENDA
May 5, 2009
TIME/PLACE:
411 Central Avenue
Salinas, California
Board Room, CAB112
5:00 p.m. – Open Session
5:15 p.m. – Closed Session
6:15 p.m. – Reconvene Open Session
Board of Trustees
Patricia Donohue, President
Kevin Healy, Vice President
Bill Freeman, Elia Gonzalez-Castro
John Martinez, Ray Montemayor, Brad Rice
Armando Cortes, Student Trustee
Dr. Phoebe Helm, Superintendent/President, Secretary to the Board
The Board of Trustees welcomes you to its meetings, scheduled on the first Tuesday of each month, unless
otherwise noted.
The agenda is as follows:
A. CONSENT AGENDA: These matters include routine administrative and financial actions classified by
departmental areas and are usually approved by a single majority vote.
B. REGULAR AGENDA: Action Items: These items include significant administrative and financial
actions classified by departmental areas and approved by majority vote for each item.
Information Items: These items include presentations to the Board and items for discussion prior to
Board action, which is usually taken at the next meeting.
C. CLOSED SESSION: In accordance with Government Code Sections, 3549.1, 54956.9, 54957 and/or
54957.6, the Board of Trustees may meet in Closed Session to consider legal, personnel, labor, and/or
contract matters.
INDIVIDUALS DESIRING TO ADDRESS THE BOARD: Any member of the audience desiring to
address the Board should complete and submit to the Superintendent prior to the meeting, if possible, a
Speaker Request Form, available at the door. When the item PUBLIC COMMENTS is taken, the Board
President will recognize those who have filled out a Speaker Request Form in the order in which they are
received. Members of the public shall be able to address the Governing Board regarding items on the agenda
as such items are taken up. The Board President may limit the time of presentation to three minutes per
speaker, per subject, and a maximum of twenty minutes for each subject matter. Following public comment,
the Board President will limit discussion to the Board only.
MISSION STATEMENT: Hartnell College provides the leadership and resources to ensure that all students
shall have equal access to a quality education and the opportunity to pursue and achieve their goals. We are
responsive to the learning needs of our community and dedicated to a diverse educational and cultural campus
environment that prepares our students for productive participation in a changing world.
HCCD –REGULAR MEETING – MAY 5, 2009
Page 1 of 4
I.
OPEN SESSION, CALL TO ORDER – 5:00 P.M.
A. ROLL CALL
B. ADOPT AGENDA
Action
C. DISCLOSURE OF ITEMS DISCUSSED IN CLOSED SESSION, AS FOLLOWS:
Items discussed in Closed Session will include, legal, personnel, labor, and/or contract matters
authorized for Closed Session per Government Code Sections, 3549.1, 54956.9, 54957 and/or
54957.6.
1. Update on Lawrence/Culver Litigation
2. Update on Negotiated Retirement Incentives
D. PUBLIC COMMENT PERIOD REGARDING CLOSED SESSION ITEMS
Fifteen minutes set aside for public comment regarding closed session items.
Maximum three minutes each.
II.
MOVE TO CLOSED SESSION
The Board of Trustees of Hartnell Community College District will meet in Closed Session to
consider legal, personnel, labor, and/or contract matters authorized for Closed Session per
Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6.
III.
RECONVENE TO OPEN SESSION
Pledge of Allegiance
A. REPORT OUT FROM CLOSED SESSION
B. PUBLIC COMMENTS REGARDING OPEN SESSION ITEMS
Fifteen minutes set aside for public comments regarding open session items.
Maximum three minutes each.
IV.
PRESENTATIONS AND BOARD DEVELOPMENT
A. ACKNOWLEDGE OF ALL-USA ACADEMIC TEAM
Tonya Morgan and Justin Jordon
B. ACKNOWLEDGE OF ALL-STATE ACADEMIC TEAM
Justin Jordon
C. ACKNOWLEDGE OF SOROPTOMIST INTERNATIONAL OF SALINAS AWARD
Monica Andrade
D. SIFE STUDENTS
Bob Maffei and SIFE Students
E. DIGITAL BRIDGE ACADEMY
Students and faculty, Ann DeJesus-Riley and Hermelinda Rocha-Tabera
F. BOND OVERSIGHT COMMITTEE UPDATE
Damon Felice, Felice Consulting Services
G. BOARD DEVELOPMENT
Review of Board Policies 3200 to 3235
HCCD –REGULAR MEETING – MAY 5, 2009
Page 2 of 4
V.
CONSENT ACTION ITEMS
A. MINUTES
Approve Minutes of Meeting of April 14, 2009.
B. DISBURSEMENTS
Ratify the disbursements from any or all of the following funds: general; debt service; bookstore;
child development; capital outlay projects; scheduled maintenance; property acquisition; bond
projects; cafeteria; self-insurance; retirees health benefits; associated student body; scholarship,
loan, and trust; and intercollegiate athletics.
C. RATIFY THE RECOMMENDATIONS OF THE CURRICULUM COMMITTEE
Ratify the recommendations of the Curriculum Committee.
D. APPROVE FINAL READING OF REVISED BOARD POLICIES
3100 Rules Governing Student Behavior
3105 Grievance Policy for Students
3110 Exercise of Free Expression by Hartnell College Students
3115 Hazing
3120 Privacy of Student Records
3125 Reimbursement for Lost or Damaged Property and Collection of Delinquent Fines and Fees
3135 Associated Students of Hartnell College
3140 Funds of the Associated Students of Hartnell College
3145 Advisors and Sponsors for Student Clubs and Organizations
E. APPROVE AGREEMENT WITH MONTEREY COUNTY DEPARTMENT OF SOCIAL
SERVICES FOR FOSTER CARE TRAINING
Approve an agreement with the Monterey County Department of Social Services for Foster Care
Training effective July 1, 2009 to June 30, 2011. Monterey County Department of Social and
Employment Services will pay Hartnell College $404,220 in 2009-2010 and $404,220 in
2010-2011.
F. APPROVE MEMORANDUM OF UNDERSTANDING WITH MEXICAN-AMERICAN
OPPORTUNITY FOUNDATION
Approve a memorandum of understanding with the Mexican-American Opportunity Foundation
agreeing to the guidelines for participation in the Monterey County Central Eligibility List as
required by the California State Department of Education for the Hartnell College Child
Development Center.
G. PERSONNEL ACTIONS
Approve and/or ratify personnel actions. (Included in packet)
VI.
ACTION ITEMS
Roll-call
A. APPROVE BUDGET REVISIONS
Approve budget revisions numbered 8212 to 8254.
Action
B. REVIEW AND ACCEPT QUARTERLY FINANCIAL STATUS REPORT (CCFS-311Q)
FOR QUARTER ENDED ON MARCH 31, 2009
Review and accept required State Report: Quarterly Financial Status Report (CCFS311Q) for
quarter ended March 31, 2009.
HCCD –REGULAR MEETING – MAY 5, 2009
Page 3 of 4
Action
C. REVIEW FIRST READING – BOARD POLICIES
3155, Fund-Raising/Solicitations on Campus
3160, Posting of Announcements
3170, Counseling Program
3175, Extended Opportunity Programs and Services
3180, Disabled Students/Programs and Services
3185, Financial Aid
3195, Tutorial Center
Roll-call
D. ADOPT RESOLUTIONS 09:8 AND 09:9
Adopt Resolutions 09:08 and 09:9, Authorizing the Issuance of 2002 General Obligation Bonds
Series C and D.
Roll-call
E. ADOPT RESOLUTION 09:10
Adopt Resolution 09:10, Designating Authorized Agents to Sign School Orders and Financial
Instruments on Behalf of the District.
Roll-call
F. ADOPT RESOLUTION 09:11 AND RESOLUTION 9:12
Adopt Resolution 09:11, Recognition of Classified School Employees Week and Resolution
09:12, Designation of May as Foster Care Month.
Roll-call
G. ADOPT RESOLUTION 9:13
Adopt Resolution 09:13, California Leadership Alliance for Student Success (CLASS) Initiative.
VII.
INFORMATION ITEMS
A. REVIEW AND ACCEPT FINANCIAL STATEMENTS
Review and accept financial statements for the period ending March 31, 2009.
B. REPORTS FROM SENATES
Receive reports Student, Classified, and Academic Senates.
C. PRESIDENT’S REPORT
Receive report on matters of interest to the college.
VIII.
IX.
X.
Action
BOARD OF TRUSTEES
Receive reports on matters of interest to the college.
FUTURE AGENDA ITEMS
(Items placed on future agendas will be determined in consultation and preparation under the
auspices with Superintendent/President and Board President.)
ADJOURNMENT
Adjourn the meeting.
NEXT REGULARLY SCHEDULED MEETING
June 2, 2009, 5:00 p.m., Hartnell College Board Room (CAB112)
HCCD –REGULAR MEETING – MAY 5, 2009
Page 4 of 4
PRESENTATIONS/BOARD DEVELOPMENT
CONSTRUCTION UPDATE
AS OF 04/24/2009
CURRENT DESIGN, PLANNING AND CONSTRUCTION PROJECTS
PLANNING PROJECTS
‰
Alisal Campus Master Plan
⇒ The District has begun the planning process for the 142 acres of the Alisal Campus
⇒ The process will include two master plans, (1) for the +/- 42 acre campus and (1) for the
remaining +/- 100 acres
⇒ Once a master plan is complete the EIR process will begin with the City of Salinas
⇒ The land swap with the City of Salinas is currently underway. It is anticipated that this
will take between 18 and 24 month.
‰
Main Campus Facilities Master Planning Process
⇒ The 5-year Capital Outlay Plan is currently being updated and will be submitted to the
state on July 1, 2009
⇒ The 2009-10 IPP is currently being prepared for a new Health Center. The IPP will be
completed and submitted to the CCCCO by July 1, 2009.
‰
Science Building FPP
⇒ Lionakis, out of Sacramento, is the Architect of Record for this project, which includes the
preparation of the FPP.
⇒ The kick-off meeting for the FPP took place on 02/19-20
⇒ The stakeholders took a trip to Cal Poly on 03/09 to look at their facilities
⇒ At our second meeting a few general layout were established and we are working from
those layouts
⇒ The group took it second field trip to look at both San Mateo and San Jose City College’s
new science building
⇒ The FPP is still on schedule and will be completed by May 15, 2009 and submitted to the
state no later than July 1, 2009
DESIGN PROJECTS
‰
Student Center Renovation/Remodel Project
⇒ BFGC is the Architect of Record for this project
⇒ The plans were submitted to DSA on 10/23/08
⇒ The project will out to bid in May and bid in mid-June
⇒ Construction will begin in July of 2009 and be completed in 2010
Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901
Phone (831)770-7041 ● Fax (831)770-7040
1
‰
PE Renovation Project
⇒ Sugimura Finney (SFA) is the Architect of Record for this project
⇒ The plans were submitted to DSA on February 26, 2009
⇒ The project will out to bid in May and bid in mid-June
⇒ Construction will begin in July of 2009 and be completed in 2010
CONSTRUCTION PROJECTS
‰
Northeast Landscaping Project
⇒ Bellinger Foster Steinmetz (BFS), out of Monterey, is the Architect of Record for this
project
⇒ Monterey Peninsula Engineering is the contractor for the project ($1,223,000)
⇒ They were given notice to proceed on April 20, 2009
⇒ The project is anticipated to be completed by September 2009
‰
CALL Building
⇒ Minor punch list items are all that remains on the project.
⇒ We are currently working through the group II items and once the landscape project is
complete we will be able to occupy the building.
‰
Main Campus Lighting Project
⇒ R.A.N. Electrical is the GC on this project ($478,000)
⇒ R.A.N. started construction on December 8, 2008 and worked over the break and is
progressing as scheduled
⇒ 90% of the fixtures are in place and RAN is scheduled to be completed by 05/02/09
‰
Alisal Campus Center for Applied Technology
⇒ Kasavan Architects is the AOR for the project
⇒ Dilbeck construction is the GC for this project ($19,340,000)
⇒ Construction began on July 14, 2008
⇒ The project will be completed in 2010
⇒ Structural steel for wing C and A is complete
⇒ The metal deck and roofing is currently being installed
⇒ Wing B is currently being erected and should be completed in the next 4 weeks
⇒ Check out the webcam on the Measure H website
‰
Energy Efficiency
⇒ The pool pump will be replaced with a high efficiency 50 hp pump which will include a
variable frequency drive. The pump purchase will cost $50k and the pay-off, which
includes an incentive from PG&E, is 4 years
⇒ The work is scheduled to take place during the second and third week of June.
Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901
Phone (831)770-7041 ● Fax (831)770-7040
2
CONSENT ACTION
AGENDA ITEM FOR BOARD MEETING OF:
May 5, 2009
Number:
Title:
Minutes of Regular Meeting of
April 14, 2009
V. A.
Area:
Status:
Superintendent/President
Consent Action
Prepared by: Dr. Phoebe Helm
Recommendation:
That the Board of Trustees review, revise as appropriate, and adopt minutes of the Regular
Meeting of April 14, 2009.
Summary:
Minutes of the Board of Trustees for are submitted for review and approval as follows:
Regular Meeting of April 14, 2009
Budget Implications:
None
HARTNELL COMMUNITY COLLEGE DISTRICT
MINUTES
Regular Meeting of the Board of Trustees
King City Education Center
117 North Second Street
King City, California
April 14, 2009
OPEN SESSION
Trustee Donohue called the meeting of Board of Trustees of Hartnell
Community College District to order at 5:00 p.m. in Rooms 108AB, King
City Education Center.
ROLL CALL
Patricia Donohue, President
Kevin Healy, Vice President
Bill Freeman (arrived at 5:30 p.m.)
Elia Gonzalez-Castro
Juan Martinez
Ray Montemayor
Brad Rice
Phoebe K. Helm, Superintendent-President/Board Secretary
Armando Cortes, Student Trustee (advisory vote per Board Policy 1030)
ADOPTED AMENDED
AGENDA
On a motion by Trustee Rice, seconded by Trustee Martinez, vote of 7-0, and
advisory vote of Aye (Cortes), the Board approved the agenda as amended.
Dr. Helm asked to amend the closed session agenda to include:
1. Update on Litigation – Lawrence/Culver
2. Northeast Landscape Project Contract
In addition, as stated on the agenda, the Board received Resolution 09:6,
Early Retirement Incentive for Full-time Faculty.
DISCLOSURE OF CLOSED
SESSION ITEMS
Trustee Donohue disclosed items for Closed Session as authorized per
Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6:
1. Negotiated terms for reconsideration of tenure – Dr. Hetty Yelland
2. Northeast Landscape Project Contract
3. Update on Litigation – Lawrence/Culver
PUBLIC COMMENTS
REGARDING CLOSED
SESSION
HCCD –REGULAR MEETING – APRIL 14, 2009
None
Page 1 of 13
MOVED TO CLOSED
SESSION
The Board of Trustees of Hartnell Community College District, and
Superintendent/President, Dr. Phoebe K. Helm adjourned to closed session at
5:05 p.m. to consider legal, personnel, labor, and/or contract matters
authorized for Closed Session per Government Code Sections, 3549.1,
54956.9, 54957 and/or 54957.6. Terri Pyer, Interim Director, Human
Resources, and Damon Felice, Project Management Consultant joined the
Board to discuss personnel and contract matters.
RECONVENED OPEN
SESSION
Trustee Donohue reconvened the meeting at 6:32 p.m.
PLEDGE OF ALLEGIANCE
Trustee Rice led the Pledge of Allegiance.
REPORT OUT FROM
CLOSED SESSION
Trustee Donohue reported out a motion by Trustee Rice, seconded by Trustee
Martinez to approve a Memorandum of Understanding with the Hartnell
College Faculty Association regarding Dr. Hetty Yelland.
PUBLIC COMMENTS ON
OPEN SESSION ITEMS
The following individuals made public comments urging the Board not to
approve the delay in admission of students to the Animal Health Technology
Program (AHT) while the program was under review:
Sharon Radel, Director, Faculty
Cindy D. Finney, Student
Diane Blokker, Community Member
Linda Neely, Community Member
Cynthia Cruz-Acevedo, Student
Erin Jones, Student
Carol Kimbrough, Faculty
Karen Ivey, Monterey County 4-H
Frank Kosher, Monterey Bay Veterinary Association
Trustee Donohue called for a point of order and asked Dr. Helm to comment
about what the review process involves and the reason for the delay of
admissions. Dr. Helm explained the Board approved the Discontinuance
Process in 2001. Although titled discontinuance, the process is actually a
program review process. Dr. Helm identified the criteria under which a
program would undergo this process. In the case of AHT, the point of the
review is to make a recommendation to the Board. The issue is, if the college
accepts new students and they are continuously enrolled, the college is
obligated to see them through the program for the next two years. Approving
the delay does not change the application date of May 1st; it simply delays the
college’s response to the applicants. Ideally, the review would be completed
by June. The process could start as early as tomorrow, and requires the
Academic Senate to appoint faculty to the review.
Bond Oversight Committee
HCCD –REGULAR MEETING – APRIL 14, 2009
Damon Felice, Felice Consulting Services, presented a design of the
Northeast landscape project. In addition, he gave an update on the college’s
current construction projects.
The full report can be found at:
http://www.hartnell.edu/board/packets/BP_04_14_2009.pdf.
Page 2 of 13
BOARD DEVELOPMENT
Review of Board Policies
As defined in their development plan, and at their regular meetings, the
Board will review, discuss, and revise Board Policies, as necessary. This not
only provides an opportunity for the Board to revisit these policies for
currency and accuracy, but also provides the public an opportunity to become
familiar with board policy.
The Board reviewed Board Policies 3155 through 3195. Suggested changes
were submitted to the Board and Trustee Donohue asked the Board to review
the changes before the May meeting, at which time, the Board will review the
first reading.
BOARD’S GOALS FOR THE
COLLEGE
Accreditation
Finances
Accreditation: Dr. Helm reported the site visit is scheduled on Aril 21-22,
2009. She reminded the Board that this visit is critical because the college
needs to have fully resolved all of the recommendations and accreditation
commission concerns.
Finances Dr. Helm reported that State Revenues continue to fall below
budget projections in three major areas: 1) the proposed addition to the gas
tax, which accounted for 12% of the additional revenue growth; 2) sales tax;
and, 3) property tax. Additionally, if the measures slated for the May 19
special election, including the sale of a portion of the lottery, do not pass the
revenue stream will further worsen. Therefore, she has recommended to the
finance committee that they reduce the revenue projections for 2009-2010 by
$2.3 - $2.4 million with a comparable cut in expenses to avoid the reserves
dropping below the 3% level required by the state. And, while the college
has the highest FTES (unaudited) in its history, there is no assurance that we
will be paid at a 100% rate. As of now it appears that the college has enough
cash to make it through June 30, 2009 without borrowing, despite the delay
in the state’s reimbursement. However, a TRAN is included in the agenda
tonight to authorize borrowing for next year.
CONSENT ACTION ITEMS
Further discussion and/or
separate vote:
Pulled for further discussion and/or separate vote were Consent Action
Items: A (Freeman), K (Freeman and Montemayor), L (Freeman) and M
(Martinez)
On a motion by Trustee Healy, seconded by Trustee Rice, vote of 7-0 and
advisory vote of Aye (Cortes), the Board approved Consent Action Items A
through J and M. Trustee Donohue recused herself from Consent Action
Item M, IV.5, Special Projects and Stipends, due to a personal conflict and
voted Aye for the remaining items.
A. MINUTES
Approved the Minutes of March 10, 2009 as amended. The wording,
“pointed out the importance of the Academic Learning Lab” was added under
Board Communication for Trustee Freeman.
B. DISBURSEMENTS
Ratified disbursements from any or all of the following funds: general; debt
service; bookstore; child development; capital outlay projects; scheduled
maintenance; property acquisition; bond projects; cafeteria; self-insurance;
retirees health benefits; associated student body; scholarship, loan, and trust;
and intercollegiate athletics.
HCCD –REGULAR MEETING – APRIL 14, 2009
Page 3 of 13
C. MOU – TITLE V GRANT
WRITERS
Approved the memorandum of understanding and work agreement with
Alpert/McKee Company, Consultant for the development and submission of
a United States Department of Education Strengthening Hispanic Serving
Institution (HIS Title V) application. The grant request is valued at 2.5
million. If awarded, the cost for these services will be 6% of awarded funds
in years one and two, 5% in year three and 4% in years four and five.
D. EXCLUSIVE BEVERAGE Approved the contract with The Pepsi Bottling Group, as an exclusive
beverage supplier for the next three years. Yearly revenue for this contract
SUPPLIER CONTRACT
will be approximately $22,000. Cost savings, as a result of having an
exclusive contract, will be approximately $16,000.
E. BRIGHTROOM
PHOTOGRAPHER
AGREEMENT
Approved an agreement with Brightroom, Inc., a professional event
photographer, to photograph 2009 graduates. Brightroom agrees to donate
15% of the gross proceeds from photo and product sales to the college
foundation for the Associated Students of Hartnell College to support their
clubs and activities.
F. FITNESS VOLUNTARY
PROGRAM –
AGREEMENT WITH
PROBATION
DEPARTMENT
Approved an agreement with the County of Monterey, Probation Department
for a Voluntary Fitness Incentive Program for its employees. The term of the
agreement is April 15, 2009 to August 1, 2009. Yearly revenue for this
agreement will be up to $1,335.
G. AMENDMENT TO
AGREEMENT - MISA
Approved an amendment to the contract between Hartnell Community
College District and Monterey Institute for Social Architecture to continue to
develop the Hartnell College Sustainable Construction Program. The
amendment extends the contract from January 1, 2009 to June 30, 2009,
$10,000 per month to be paid from grant funds awarded by the Chancellor’s
Office.
H. CURRICULUM
COMMITTEE ACTIONS
Ratified the recommendations of the Curriculum Committee.
I. OUT OF COUNTRY
TRAVEL – BORONDA
STUDY GROUP
Approved out-of-country travel for Dr. Carl Christensen, faculty, and Sylvia
A. Rios, coordinator, 2009 Boronda Study Group from June 5 through June
20, 2009. This year’s program includes a two-week study tour of Spain. All
costs are paid from the Boronda Scholarship Endowment through the
Hartnell College Foundation.
J. OUT OF COUNTRY
TRAVEL –
INTERDISCIPLINARY
STUDIES PROGRAM
Approved out of country travel for Gary Smith, faculty, and 2009
Interdisciplinary Studies Program from June 5 through June 20, 2009. This
year’s program includes a two-week study tour of Italy. All costs will be paid
by the participants.
K. DELAY IN ADMISSION
Animal Health Technology
This item was pulled for further discussion and separate vote by both
Trustees Freeman and Montemayor.
HCCD –REGULAR MEETING – APRIL 14, 2009
Page 4 of 13
Trustee Freeman stated that he did not want to see any programs eliminated
and Trustee Montemayor stated that it was his belief that a change would
affect persons involved with the program and that he did not want to see that
happen. Trustee Martinez urged the students to recruit new students into the
program and requested that the review include graduation completion rates.
Trustee Donohue requested the review be thorough and expeditious, and that
the review committee investigates the options of a full-time veterinarian
within the program and the implications.
On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, vote of
4-3(Freeman, Martinez, Montemayor) and advisory vote of Aye (Cortes), the
Board approved the delay in the admission of students to the Animal Health
Technology Program in order to conduct a Program Review as required by
the Discontinuance Process.
L. DELAY IN ADMISSION – Trustee Freeman pulled this item for further discussion and separate vote
stating that the college could make this program work by involving the trades
Electronics Program
community.
On a motion by Trustee Healy, seconded by Trustee Rice, vote of 6-1
(Freeman) and advisory vote of Aye (Cortes), the Board approved to delay
in admitting the first year of the Electronics Program in order to conduct a
Program Review as required by the Discontinuance Process.
M. PERSONNEL ACTIONS
Approved and/or ratified personnel actions. (Appendix A)
Trustee Martinez thanked Ms. Pyer for the detailed information under this
item, and asked for clarification on the number of hours being approved for a
short-term hourly employee.
ACTION ITEMS
A. REJECT ALL BIDS
NORTH EAST
LANDSCAPE PROJECT
Trustee Donohue read aloud the following statement:
On March 6, 2009, Hartnell Community College District received bids for
construction of the Northeast Landscape Project. Pursuant to the District’s
authority to reject all bids pursuant to Public Contract Code section
20651(b), motion is hereby made to reject all bids for the Northeast
Landscape.
On a motion by Trustee Gonzalez-Castro, seconded by Trustee Healy, rollcall vote of 7-0, and advisory vote of Aye (Cortes), the Board rejected all
bids from the March 6, 2009 Hartnell College Northeast Landscape Project.
B. FOR NORTHEAST
LANDSCAPE PROJECT
AWARD CONTRACT
HCCD –REGULAR MEETING – APRIL 14, 2009
On a motion by Trustee Rice, seconded by Trustee Martinez, roll-call vote of
7-0, and advisory vote of Aye (Cortes), the Board acknowledged and
awarded the contract to Monterey Peninsula Engineering, the lowest
responsive bidder for the Hartnell College Northeast Landscape Project.
Page 5 of 13
C. BUDGET REVISIONS
D. ADOPTED
RESOLUTION 09:4
TRANs 2009-2010
On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, rollcall vote of 7-0, and advisory vote of Aye (Cortes), the Board approved
budget revisions numbered 8140 to 8206.
On a motion by Trustee Martinez, seconded by Trustee Gonzalez-Castro, rollcall vote of 7-0, and advisory vote of Aye (Cortes), the Board adopted
Resolution 09:4, Tax and Revenue Anticipation Notes (TRANs) for 20092010.
E. ADOPTED
RESOLUTION 09:5
On a motion by Trustee Gonzalez-Castro, seconded by Trustee Healy, rollcall vote of 7-0, and advisory vote of Aye (Cortes), the Board adopted
Resolution 09:5, Designating New Representatives to various Community
College Joint Powers Authorities (JPAs).
F. ADOPTED
RESOLUTION 09:6
On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, roll-call
vote of 7-0, and advisory vote of Aye (Cortes), the Board adopted Resolution
09:6, Early Retirement Incentive for Full time Faculty.
G. ADOPTED
RESOLUTION 09:7
On a motion by Trustee Montemayor, seconded by Trustee Gonzalez-Castro,
roll-call vote of 7-0, and advisory vote of Aye (Cortes), the Board adopted
Resolution 09:7, Early Retirement Incentive for Classified Employees.
H. BOARD POLICY
REVISIONS
On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, vote of
7-0, and advisory vote of Aye (Cortes), the Board approved the first reading of
Board Policies 3100, 3105, 3110, 3115, 3120, 3125, 3135, 3140, and 3145 as
revised. There were additional revisions to 3105 and 3110.
INFORMATION ITEMS
FINANCIAL STATEMENTS
The Board received the Financial Statements for period ending February 28,
2009.
LONG RANGE
ENROLLMENT AND
WEEKLY STUDENT
CONTACT HOURS (WSCH)
Dr. Helm reviewed the Long Range Enrollment and Weekly Student Contact
Hours (WSCH) Forecast, 2008 to 2017 provided by the Chancellor’s Office,
Research and Planning Unit. The data provided in this chart is used by the
State to determine the college’s square footage and capital funding needs. Dr.
Helm reminded the Board that the work Gary Hughes, Mary Dominguez, and
other staff did to review and clean up the enrollment codes within the course
sections changed our standing enough that it justified an additional lab in the
science building that is being considered and made a significant change in our
ranking for qualifying for state capital funds.
SENATE REPORTS
There were no senate reports.
PRESIDENT’S REPORT
Dr. Helm reported the SIFE Club won their regional competition for the 3rd
year in a row; second week of May they will now compete at a national level;
the students and Mr. Maffei will present to the Board in May.
AWARD 2009
DISTINGUISHED
ALUMNUS AWARD
Trustee Healy reported that he, Trustees Gonzalez-Castro, and Cortes
independently reviewed the nominations and each recommended Mr. Joe
Pezzini as the 2009 Distinguished Alumnus.
HCCD –REGULAR MEETING – APRIL 14, 2009
Page 6 of 13
On a motion by Trustee Healy, seconded by Trustee Martinez, vote of 6-1
(Freeman), and advisory of Aye (Cortes), the Board named Joe Pezzini as the
2009 Distinguished Alumni.
CCCT BOARD OF
DIRECTORS ELECTION
On a motion by Trustee Donohue, seconded by Trustee Rice, vote of 7-0, and
advisory vote of Aye (Cortes), the Board voted for Trustees from the
following community college districts: Peralta, Barstow, Long Beach, North
County Orange County, West Valley-Mission, Pasadena Area, and Allan
Hancock Joint.
Trustee Gonzalez-Castro
Trustee Gonzalez-Castro reported she is excited and proud of the new stage
that is being built by Hartnell College construction students at the Alisal
Center for Fine Arts.
Trustee Healy
As the Board’s representative to the Sunrise House Executive Board, Trustee
Healy reported he continues to attend their meetings and receives positive
comments about Hartnell College students and that the Sunrise House is doing
well, in spite of the economic down trend.
Trustee Freeman
Trustee Freeman commended the AHT students for coming to the meeting;
that the Board received 400 signatures from students supporting the ALC and
he has talked to students who want the lab open during the summer; that he is
disappointed with 2009 Distinguished Alumnus selection, because his
nomination of his sister and brother-in-law was based on what they have done
for the past 24 years (coordinate an annual holiday celebration for special
children), and that he attended the Ed Adams invitational, and that he has been
attending baseball games.
Trustee Martinez
Trustee Martinez asked if Hartnell was participating in an agriculture awards
ceremony at the Steinbeck Center on Thursday in honor of Mr. Taylor, and
that he would like to see board meetings held in Soledad because they
continue to show interest in Hartnell.
FUTURE AGENDA ITEMS
Freeman: Consider naming the track for Gary Shaw.
ADJOURNMENT
On a motion by Trustee Rice, seconded by Trustee Healy, vote of 7-0, and
advisory vote of Aye (Cortes), the Board adjourned the meeting at 8:32 p.m.
NEXT MEETING
The next regular Board of Trustees Meeting is scheduled on May 5, 2009,
5:00 p.m., Hartnell College, CAB1112, Board Room.
Patricia Donohue
Board of Trustees President
HCCD –REGULAR MEETING – APRIL 14, 2009
Phoebe K. Helm
Board Secretary
Page 7 of 13
Appendix A
THE FOLLOWING PERSONNEL ACTIONS WERE APPROVED AND/OR RATIFIED AT THE
APRIL 14, 2009 BOARD MEETING:
I. Retirements, resignations, releases, and leave requests
A. Ratify retirement of regular personnel:
1. Revision to previously approved Board item: Cicely McCreight, Counseling
Director (#A-29), effective June 16, 2009.
B. Approve release of regular personnel:
1. Juanita Silva, Offset Equipment Operator (#CC-4), Support Services, effective
June 30, 2009, due to layoff, and placement on 39-month re-employment list in
accordance with Education Code §88117.
2. Jaime Villarreal, Reprographics Supervisor (#S-4), Support Services, effective
June 30, 2009, due to layoff.
II. Request for new position/change to existing position
A. Approve request for new full-time tenure track faculty positions. These are currently
one-year temporary faculty positions.
1. Learning Skills Specialist – Nursing Lab
2. Speech Instructor
III. Appointments
A. Ratify appointment of regular CSEA classified position:
1. Elizabeth Stern, full-time, 40 hours per week, 12 months per year, Division
Administrative Assistant, Career and Economic Development (#CC-44), Step C,
effective March 23, 2009.
B. Ratify interim assignments to management positions:
1. Paulette Bumbalough, Interim Director of the Business Assistance Center,
(#A-39), effective April 1, 2009. This assignment is in addition to
Ms. Bumbalough’s current position of Director of Educational Services, South
County (#A-17), and reflects no change in pay.
2. Ignacio Pando, Interim Associate Vice President of Career and Economic
Development (#A-42), Step E, effective April 13, 2009.
C. Ratify appointment of part-time instructors for spring semester 2009:
1. Wendy Angel, Art
2. Tammie Attaway, Psychology
3. Olga Blomgren, English
4. Michael L. Clearwater, English
5. Katherine C. Gonzales, Art
6. Richard D. Green, Photography
HCCD –REGULAR MEETING – APRIL 14, 2009
Page 8 of 13
7. Andrew S. Gruttadauro, Economics
8. Deborah A. Harris, English
9. Frank Henderson, Instructional Aide
10. Carolyn L. Jensen, Mathematics
11. Robin McKee-Williams, Theater Arts
12. Peter Noble, Physical Education
13. William J. Ntow, Chemistry
14. Carla Pantoja, Theater Arts. Appointment based on equivalency as follows:
coursework and extensive professional résumé of acting, directing, musical
direction, design, and technical assignments.
15. Michael Parker, Administration of Justice
16. Robbie A. Reed, Mathematics
17. Carlos Rodriguez, Psychology
18. Sandra Rudo, Music
19. Phyllis A. Sanchez, Psychology
20. Jeffrey Smith, Anthropology
21. Sue Sedrak, Math
22. Michael Wheeler, Drafting
D. Ratify appointment of part-time donated instructors for spring semester 2009:
1. Shirley Gutierrez, Nursing
2. Erlinda M. Rodriguez, Nursing
E. Ratify appointment of short-term classified employees:
1. Alejandra Sanchez, Data Technician, $13.92/hr, Counseling Department, March 3,
2009 to June 30, 2009.
F. Ratify appointment of substitute classified employees:
1. Eva Diaz, Title V Administrative Assistant, $14.99/hr, 40 hrs/week, Library
Services/Title V Grant, March 9, 2009 to May 1, 2009.
2. Torin Pyer-Pereira, Clerical Assistant, $13.59/hr, 40 hrs/week, Physical Education
Department, January 5, 2009 to March 12, 2009.
G. Ratify appointment of professional experts:
1. Diana Bergado, to provide executive assistance in risk and grant management, $
28.28/hr, not to exceed 40 hrs/week, Title V and Support Operations, January 12,
2009 to February 27, 2009.
2. Rosa Maria Cabrera, to provide instructional support, $12.02/hr, 20 hrs/week, High
School Equivalency Program (HEP), March 18, 2009 to May 4, 2009.
3. Monica Castillo Martinez, to provide assistance to the sign language instructor in
relaying instruction, lectures, and interpreting, $12.75/hr, 10 hrs/week, Academic
Learning Center, January 26, 2009 to June 4, 2009.
4. Martha Cervantes, to provide instructional support, $12.02/hr, 20 hrs/week, High
School Equivalency Program (HEP), March 4, 2009 to June 4, 2009.
HCCD –REGULAR MEETING – APRIL 14, 2009
Page 9 of 13
5. David Dunn, to provide supplemental instruction for Biology 5 & 11, $11.92/hr, 40
hrs/week, Academic Learning Center, January 26, 2009 to June 4, 2009.
6. Leonor Galimba, to provide close-out of The Western Stage Auxiliary Corp.
accounts and set-up of new accounts and procedures for 2009 season productions,
$3524.00/mo, The Western Stage, January 1, 2009 to March 13, 2009.
7. Denise Gant, to provide Web design, power point creations, faculty assistance,
video editing, and technology investigations, $17.39/hr, 13 hrs/week, Science &
Math Institute, February 23, 2009 to June 30, 2009.
8. Kim Khanh Vu, to provide supplemental instruction for math, $14.42/hr, 20
hrs/week, Academic Learning Center, February 17, 2009 to June 4, 2009.
9. Patricia Killough, to provide sign language interpreting services, $25/hr, (up to 8
hrs/week as needed), DSP&S, February 14, 2009 to June 4, 2009.
10. Belen Macias, to provide TEAM training and social worker assistance, $40/hr, (up
to 3 hrs/week as needed), Foster and Kinship Care Education, January 5, 2009 to
June 10, 2009.
11. Maria Ochoa, to provide supplemental instruction for English as a Second
Language, $14.42/hr, 30 hrs/week, Academic Learning Center, January 26, 2009 to
June 4, 2009.
12. Brenda Powers, to provide supplemental instruction for chemistry, $12.75/hr, 10
hrs/week, Chemistry Department, January 26, 2009 to June 4, 2009.
13. Emily Rose Neff, to provide childcare activities for potential and existing resource
families, $13/hr, (up to 20 hrs/week as needed), Department of Social Services
(DSES), Career and Economic Development, January 11, 2009 to June 20, 2009.
14. Emily Rose Neff, to provide lead childcare activities for potential and existing
resource families, $16/hr, (up to 10 hrs/week as needed), Department of Social and
Employment Services (DSES), Career and Economic Development, January 11,
2009 to June 20, 2009.
15. Sarah Reitmayer, to provide supplemental instruction for English, $14.42/hr, 23
hrs/week, Academic Learning Center, January 26, 2009 to June 4, 2009.
16. Franca Rossi, to provide childcare activities for potential and existing resource
families, $13/hr, (up to 8 hrs/week as needed), Department of Social and
Employment Services (DSES), Career and Economic Development, January 11,
2009 to June 20, 2009.
17. Franca Rossi, to provide lead childcare activities for potential and existing resource
families, $16/hr, (up to 8 hrs/week as needed), Department of Social and
Employment Services (DSES), Career and Economic Development, January 11,
2009 to June 20, 2009.
18. Monica Elaine Roth, to provide supplemental instruction for biology, $12.75/hr, 40
hrs/week, Academic Learning Center and MESA, January 26, 2009 to June 4,
2009.
19. Barbara Vella, to provide accompaniment services, $20/hr, 10 hrs/week, Music
Department, January 26, 2009 to June 4, 2009.
HCCD –REGULAR MEETING – APRIL 14, 2009
Page 10 of 13
20. Claire Vincent, to provide accompaniment services, $20/hr, 10 hrs/week, Music
Department, January 26, 2009 to June 4, 2009.
21. Penelope Welsh, to provide specialized care trainings, $100/hr, (up to 3 hrs/week
as needed), $100/hr, Department of Social and Employment Services (DSES),
Career and Economic Development, January 11, 2009 to June 20, 2009.
22. Miguel Zuñiga, to provide supplemental instruction for math, $14.42/hr, 10
hrs/week, Academic Learning Center and MESA, January 26, 2009 to June 4,
2009.
H. Ratify appointment of student workers for spring semester 2009:
1. Maricela Aboytes, Business Assistance Center, Student Worker II
2. Maricela Aboytes, High School Equivalency Program, Student Worker I
3. Isidro Arroyo, Developmental Education, Student Worker II
4. Deonna Barth, Academic Affairs, Student Worker I
5. Michaela Ballesteros, Academic Affairs, Student Worker I
6. Allison Bostwick, DSP&S, Student Worker III
7. Brianna Bostwick, DSP&S, Student Worker III
8. Jessica Chavez, Developmental Education, Student Worker I
9. Mayra Corral, Advancement & Development, Student Worker I
10. Briana Garcia, Developmental Education, Student Worker II
11. Juan Garcia, Academic Affairs, Student Worker I
12. Vivianna Garcia, Admissions & Records, Student Worker I
13. Leidy Hernandez, Library, Student Worker I
14. Salvador Hernandez, Developmental Education, Student Worker I
15. Misty Hillenga, Reprographics, Student Worker I
16. Juan Ledesma, Developmental Education, Student Worker II
17. Adriana Marquez, East Salinas GEAR Up Grant, Student Worker III
18. Masaya Nakamura, Academic Affairs, Student Worker I
19. Diego Ortega, TRIO/Student Support Services Program, Student Worker II
20. Ankit Patel, Developmental Education, Student Worker II
21. Joab Perez, Developmental Education, Student Worker II
22. Emmy Sanchez, Developmental Education, Student Worker I
23. Aleksandra Shabanova, Developmental Education, Student Worker I
24. XuLiang Tan, Academic Affairs, Student Worker I
25. Chi Hao Wang, Academic Affairs, Student Worker I
26. ZhaoTeng Yang, Academic Affairs, Student Worker I
IV. Special projects and stipends
A. Ratify special project agreement payments:
1. Carl Christensen, $1,155.78, for participation in pre-curriculum meetings, assisting
HCCD –REGULAR MEETING – APRIL 14, 2009
Page 11 of 13
instructors with creating and revising curriculum through CurricUNET, and advising on
predetermined curriculum, August 18, 2008-December 19, 2008.
2. John Hubbard, $60.07/hr, (1 hr/week not to exceed $1,021.19), to provide lead
discussion in collaboration with lecture instruction, CCRAA Grant, February 2,
2009 to May 29, 2009.
3. Jeff Hughey, $1,155.78, for participation in pre-curriculum meetings, assisting
instructors with creating and revising curriculum through CurricUNET, and
advising on predetermined curriculum, August 18, 2008-December 19, 2008.
4. William Kauffman, $57.75/hr, (1 hr/week not to exceed $981.75), to provide lead
discussion development in collaboration with lecture instructions, CCRAA Grant,
February 2, 2009 to May 29, 2009.
5. Carol Kimbrough, $1,155.78, for participation in pre-curriculum meetings,
assisting instructors with creating and revising curriculum through CurricUNET,
and advising on predetermined curriculum, August 18, 2008-December 19, 2008.
6. Paula Lin, $57.75/hr, (2 hrs/week not to exceed $1,963.50), to provide lead
discussion in collaboration with lecture instruction, CCRAA Grant,
February 2, 2009 to May 29, 2009.
7. Rhea Mendoza-Lewis, $220.20, a non-precedent setting agreement to enable
English faculty to develop Directed Learning Activities (DLA’s) for English 253
(Fundamentals of Composition and Reading) for Fall 2009 in coordination with the
Academic Learning Center, June 10, 2008 – August 17, 2008, grant funded.
8. Robert Perkins, $1,500, for revision of AGR-91 curriculum, and to create content
for an online version of the course, January 26, 2009 to March 27, 2009.
9. Janet Pessagno, $220.20, a non-precedent setting agreement to enable English
faculty to develop Directed Learning Activities (DLA’s) for English 253
(Fundamentals of Composition and Reading) for Fall 2009 in coordination with the
Academic Learning Center, June 10, 2008 – August 17, 2008, grant funded.
10. Heidi Ramirez, $220.20, a non-precedent setting agreement to enable English
faculty to develop Directed Learning Activities (DLA’s) for English 253
(Fundamentals of Composition and Reading) for Fall 2009 in coordination with the
Academic Learning Center, June 10, 2008 – August 17, 2008, grant funded.
11. Catalina Reyes, $57.75/hr, (1 hr/week not to exceed $981.75), to provide lead
discussion development in collaboration with lecture instructions, CCRAA Grant,
February 2, 2009 to May 29, 2009.
12. Sean Senechal, $60.07/hr, (2 hrs/week not to exceed $2,042.38), to provide lead
discussion in collaboration with lecture instruction, CCRAA Grant, February 2,
2009 to May 29, 2009.
13. Melissa Stave, $1,155.78, for participation in pre-curriculum meetings, assisting
instructors with creating and revising curriculum through CurricUNET, and
advising on predetermined curriculum, August 18, 2008-December 19, 2008.
14. Steve Triano, $250, for construction course revision and creation for Spring 2009,
in coordination with Mike Thomas and Kathy Mendelsohn, October 23, 2008October 29, 2008, grant funded.
HCCD –REGULAR MEETING – APRIL 14, 2009
Page 12 of 13
15. Jon Walsh, $57.75/hr, (2 hrs/week not to exceed $1,963.50), to provide lead
discussion in collaboration with lecture instruction, CCRAA Grant, February 2,
2009 to May 29, 2009.
HCCD –REGULAR MEETING – APRIL 14, 2009
Page 13 of 13
AGENDA ITEM FOR BOARD MEETING OF:
May 05, 2009
Title:
Ratify Disbursements of District Accounts
Number:
V. B.
Area:
Office of Support Operations
Supplement OSO-3
Prepared by: Barbara Yesnosky
Status:
Consent Action
Recommendation:
That the Board of Trustees ratifies disbursements from District accounts.
Summary:
The attached lists of disbursements from District accounts are presented for ratification.
COUNTY WARRANTS
Any or all of the following funds:
General; Debt Service; Bookstore; Child Development Center; Capital Outlay; Scheduled
Maintenance/State-Funded Projects; Property Acquisition; Bond Projects; Cafeteria;
Self-Insurance; Retirees’ Health Benefits; Associated Student Body; Scholarship, Loan,
and Trust; and Intercollegiate Athletics
NO OF
DATE
WARRANT NUMBER
WARRANTS
AMOUNT
3/02/09
12699970
12700180
211
$
28,479.90
3/04/09
12701043
12701113
71
473,006.25
3/11/09
12702152
12702237
86
580,425.36
3/18/09
12703785
12703848
64
402,405.70
3/23/09
12704474
12704533
60
278,809.38
Subtotal
$ 1,763,126.59
Note: Legal fees in above summary total $16,743.00
CHECKING ACCOUNTS
General Fund Revolving
DATE
March 09
Subtotal
Total
Budget Implications:
None
WARRANT NUMBER
10089
10093
NO OF
WARRANTS
5
$
$
AMOUNT
1,969.96
1,969.96
$ 1,765,096.55
AGENDA ITEM FOR BOARD MEETING OF:
Title:
May 5, 2009
Number:
Ratify the Recommendations from the
Curriculum Committee
V. C.
Area:
Status:
Academic Affairs
Consent Action
Prepared by: Kathleen Rose
Recommendation:
That the Board of Trustees ratifies the recommendations from the Curriculum Committee.
Summary
15
8
1
13
2
14
Course Revisions
New Courses
New Degree/Certificate
Courses to Inactive Status
Degrees to Inactive Status
Degree/Certificate Revisions
Budget Implications:
None
GOVERNING BOARD MEETING
MAY 5, 2009
CURRICULUM COMMITTEE ACTIONS
1.
COURSE REVISIONS
ART 70, Graphic Design/Computer Graphics
ART 77, Digital Video, Audio Editing and Production
ART 85, Interactive Digital Media Interface Design
AST 1, Introduction to Astronomy
AST 1L, Astronomy Laboratory
BIO 6L, Physiology Laboratory
BUS 128, Professionalism in the Work Place
CHM 22, The Science of Chemistry
COU 21, Student Skills for Success: Orientation
CSS/DRA 66, Introduction to Geographic Information Systems (GIS)
SPA 1B, Elementary Spanish
SPA 2X, Elementary Spanish for Chicano Students
SPA 2S, Elementary Spanish for Spanish Speakers
SPA 3S, Intermediate Spanish for Spanish Speakers
2.
NEW COURSES
AOD 4, Counseling Diverse Populations
AOD 5, Legal/Ethical Considerations and Professional Growth
AOD 6, Prevention, Education and Relapse Prevention
AOD 7, Individual Counseling Skills in Chemical Dependency
AOD 8, Family and Group Counseling
AOD 9, Co-Occurring Disorders
AOD 10, Chemical Dependency Practicum Seminar
AOD 99, Practicum in Chemical Dependency
3.
NEW DEGREE/CERTIFICATE
Alcohol and Other Drugs - AA Degree
Alcohol and Other Drugs - Certificate
4.
COURSES TO INACTIVE STATUS
HUS 1, Introduction to Human Services
HUS 2, Introduction to Group Process
HUS 3, Introduction to Social Casework
HUS 45, Special Projects
HUS 61, Family, Dev. & Worker
HUS 63, Building Mutually Respectful Relationships with Families: Communication with Skill and Heart
HUS 67, On-Going Assessment and Home Visiting
HUS 69, Specialized Services for Families
HUS 71, Facilitation Skills and Collaboration
HUS 73, Portfolio Development and Skills Application
HUS 201, Foster Child Care
HUS 220, Introduction to Eligibility Worker Procedure
PSY 1A, General Psychology
GOVERNING BOARD MEETING – May 5, 2009
CURRICULUM COMMITTEE ACTIONS
PAGE 2
5.
DEGREES TO INACTIVE STATUS
AGR – Precision Technology Ag Emphasis/AS
AGR – Precision Technology Engineering Emphasis/AS
6.
DEGREE/CERTIFICATE REVISIONS
ADJ – Correctional Science/AS
ADJ – Criminal Justice/AS
ADJ – Paralegal/Legal Assistantship
AGR – Business Emphasis/AS
AGR – Production Emphasis/AS
AGR – Business Emphasis Certificate
AGR – Production Emphasis Certificate
ART/AA
ART/Certificate
DIGITAL ARTS/AA
DIGITAL ARTS Certificate
DIGITAL ARTS/ANIMATION/AA
DIGITAL ARTS/CERTIFICATE
PSY/AS
AGENDA ITEM FOR BOARD MEETING OF:
May 5, 2009
Title:
Approve Second and Final Reading
Revised Board Policies
Number:
Area:
Status:
Superintendent/President
Consent Action
V. D.
Prepared by: Phoebe Helm
Recommended Action:
That the Board of Trustees approves the second and final reading revised Board Policy 3100,
3105, 3110, 3115, 3120, 3125, 3135, 3140, 3145
Summary:
As part of the Board’s Development Plan, the Board has set aside time at each meeting to review
and revise, if necessary, their policies.
Submitted for second and final reading:
3100
3105
3110
3115
3120
3125
3135
3140
3145
Rules Governing Student Behavior
Grievance Policy for Students
Exercise of Free Expression by Hartnell College Students
Hazing
Privacy of Student Records
Reimbursement for Lost or Damaged Property and Collection of Delinquent Fines and Fees
Associated Students of Hartnell College
Funds of the Associated Students of Hartnell College
Advisors and Sponsors for Student Clubs and Organizations
Budget Implications:
None
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3100
Rules Governing Student Behavior
The Governing Board of Hartnell College shall adopt specific rules and regulations
regarding student conduct. The college shall inform students of such rules and
regulations, with applicable penalties, in the "Rights, Responsibilities, and Grievance
Procedures for Hartnell College Students" brochure which is distributed and available to
students through the Office of the Vice President Student Services.
The Governing Board requires that student conduct must reflect the standards of
appropriate behavior consistent with the educational purposes of the College. Student
conduct should reflect consideration for the rights of others, and student are expected
to cooperate with all members of the College community and conform to Federal and
State laws, Board regulations, College regulations, and applicable provisions of civil
law.
College personnel are responsible for communicating appropriate student conduct and
for reporting any violations thereof, and the College President or designee shall have
the right to administer suitable and proper corrective measures for misconduct.
The Governing Board, the College President or designee may suspend a student for
good cause or when the presence of the student causes a continuing danger to the
physical safety of the student or others. The Governing Board may exclude from
attendance in regular classes any student whose physical or mental disability is such as
to cause his or her attendance to be inimical to the welfare of other students.
The College President or designee shall report any violation of Federal or State law to
the appropriate law enforcement authorities.
Reference: California Education Code Sections 66017, 66300, and 76030-76037
(Formerly Governing Board Policy 3222, adopted "prior to 7-1-73"; revised and renumbered as
Governing Board Policy 3310, date unknown)
Revised and Renumbered: 10-1-85
Revised and Adopted: 1-2-90, 4-4-95, 4-6-98, _____________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3105
Grievance Policy for Students
Grievances by Hartnell College students, concerning Hartnell College personnel and/or
procedures, shall be handled in compliance with Title IX, the California Education Code,
and this policy. Students shall be granted and assured all rights and procedures inherent
in the above, and Hartnell College shall make a comprehensive effort to ensure that all
students are informed of and, as applicable, assisted with these procedures.
Student grievances include: 1) charges of discrimination on the basis of sex, race, color,
ancestry, ethnic group, religion, national origin, sexual orientation, or handicap; 2)
arbitrary imposition of sanctions without proper regard for individual civil rights and due
process; 3) prejudiced or capricious decision in the academic evaluation of a student's
performance; 4) other complaint(s) as determined in the legislation and policies stated
above.
The college will publish policies and procedures which protect the rights of students.
Information on student rights and grievances complaint procedures is available in the
Office of Student Services and Counseling in the brochure entitled: "Rights,
Responsibilities, and Grievance Procedures of Hartnell College Student." Copies of
Affirmative Action laws and procedures are will be made available in the Office of
Human Resources and Equal Employment Opportunity and on the college’s web site.
Reference:
Education Code, Sections 76030, 76037; Title 5; Nondiscrimination in Programs
Receiving State Financial Assistance through the Chancellor or Board of
Governors of the California Community Colleges, commencing with
Section 59300, et seq., Hartnell College Affirmative Action Plan
(Formerly Governing Board Policy 3210, adopted 4-19-77; revision adopted 3-21-78)
Revised and Renumbered: 10-1-85
Revised and Adopted: 1-2-90, 11-3-92, 4-6-98, 12-06-05 (office name change), _____________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3110
Exercise of Free Expression by Hartnell College Students
The Governing Board of Hartnell College upholds the rights of students to free
expression of their opinions. Rules and regulations shall be adopted relating to the
exercise of free expression by students upon the premises of Hartnell College, which
shall include reasonable provisions for the time, place, and manner of conducting such
activities. These regulations are located in the Office of the Vice President Student
Services. The college will publish these regulations, which will be made available
through the Office of Student Affairs and the college’s web site.
Such rules and regulations shall not prohibit the right of students to exercise free
expression including, but not limited to, the use of bulletin boards, the distribution of
printed materials or petitions, and the wearing of buttons, badges, or other insignia,
except that expression which is obscene, libelous or slanderous according to current legal
standards, or which so incites students as to create a clear and present danger of the
commission of unlawful acts on Hartnell College premises, or the violation of lawful
Hartnell College regulations, or the substantial disruption of the orderly operation of
Hartnell College, shall be prohibited.
Reference:
Education Code, Sections 66301,76120; Title 5, Section 51977
(Formerly Governing Board Policy 3315.4; adopted 3-19-68)
Revised and Renumbered: 10-1-85
Revised and Adopted: 6-1-90, 4-4-95, 7-1-96, ___________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3115
Hazing
Hartnell College prohibits any activities of student clubs or organizations that incorporate
"hazing." "Hazing," as defined in the California Education Code Section 32050, is an
activity likely to cause or causing "bodily danger, physical harm, or personal degradation
or disgrace resulting in physical or mental harm to any student." Students engaging in
such activities are subject to legal sanction as well as disciplinary action.
Reference: California Education Code Sections 32051, 32052
(Formerly Governing Board Policy 3350; adopted 12-19-67)
Revised and Renumbered: 10-1-85
Revised and Adopted: 1-2-90, 7-1-96 ________________
HARTNELL COLLEGE
3000 SERIES GOVERNING BOARD POLICIES - STUDENTS AND STUDENT
SERVICES
B.
Student Programs and Services
3120
Privacy of Student Records
Student records shall be maintained in compliance with sections 76200-76246 of the
California Education Code. No employee of Hartnell College shall release personal
information on any student to any member of the public without the prior written consent
of the student, except for the directory information or pursuant to a court order or lawful
subpoena or as otherwise authorized by Education Code, Sections 76200-76246.
Students shall be notified of their rights with respect to student records, including the
public directory information below, and that they may limit the information or withdraw
their name from said directory. A written request must be submitted to the Admissions
and Records Office.
Directory information is:
1.
Student participation in officially-recognized activities and sports
including weight and height and high school of graduation of members of
athletic teams.
2.
Degrees and awards received by students, including honors, scholarship
awards, athletic awards and Dean's List recognition and dates of
attendance.
3.
Names, addresses, phone and fax numbers of graduates and former
students for publication in the College alumni directory and only with
their consent.
In cases where authorization is obtained for the release of student information, approval
for the release of such information is required from the Director of Matriculation and
Enrollment Services or Vice President of Student Services.
Reference:
Education Code, Sections 76200-76246; Title 5, Sections 54600-54630
(Formerly Governing Board Policy 3510; adopted 3-2-76; revised and renumbered as Governing
Board Policy 3330, date unknown)
Adopted: Revised and renumbered: 10-1-85
Revised and Adopted: 1-5-88, 1-2-90, 4-4-95, 4-6-98, 12-1-98, _______________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3125
Reimbursement for Lost or Damaged Property and Collection of Delinquent
Fines and Fees
Because the College is obligated to protect all District property, charges are established
for breakage or damage clean up caused during normal use of the property and for the
loss of books or equipment. (Willful Destruction of Hartnell College property is covered
in the "Rights, Responsibilities, and Grievance Procedures for Hartnell College Students"
brochure available in the Office of the Vice President for Student Services Student
Affairs). Written notices will be given to students indicating the amounts due the College
for damage or loss of College property, with explanation of the consequences of nonpayment. Consequences may include temporary cancellation of registration and
placement of a hold on student records, e.g., transcripts, until the debt is paid.
If it is necessary to cancel registration or place a hold on student records for such a
reason as stated above, the student may be reinstated and/or have his or her student
records released immediately upon clearing his or her obligation.
Reference: California Education Code Sections 19911, 76031, and 76225.
(Formerly Governing Board Policy 3221; adopted 2-20-68)
Adopted: Revised and renumbered 10-1-85
Revised and Adopted: 4-4-95, 7-1-96, _______________(office name change);
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3135
Associated Students of Hartnell College
The Governing Board of Hartnell College recognizes and approves the
Associated Students of Hartnell College (ASHC) as the legitimate student government
association of Hartnell College whose purpose is the conduct of activities, that are
approved by the Governing Board, on behalf of the students.
The ASHC will oversee activities for students, including student clubs and
organizations. Clubs and organizations will be organized in conformity with
procedures established by the College. Clubs shall establish aims which are
educational and compatible with College and/or community interest. Exploitation of
the name of the District shall not be permitted.
Advisement will be provided to the ASHC for proper direction to and assistance with all
student activities. The ASHC shall be granted the use of Hartnell College premises
without charge subject to such regulations as may be established by the Governing Board
of the Hartnell College District.
Advisement will be provided to the ASHC for proper direction of all student activities.
The ASHC shall be granted the use of Hartnell College premises without charge. All
student activities conducted on campus will comply with established College
requirements. The College nor the ASHC will assume responsibility for activities held
off-campus which do not comply with the requirements set by the Governing Board.
Reference: California Education Code Section 76060 Governing Board Rules and Regulations.
(1954), p. 17
(Formerly Governing Board Policy 3310-- "Philosophy Toward Student Activities", adopted 1219-67; revised and renumbered as Governing Board Policy 3410, date unknown)
Adopted: Revised and renumbered 10-1-85, _______________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3140
Funds of the Associated Students of Hartnell College
The Governing Board of Hartnell College authorizes the Associated Students of Hartnell
College to conduct fund-raising activities on the College campus during operating hours
provided such activities do not interfere with the normal conduct of the College. The
ASHC is also permitted to establish additional student fees in accordance with the
requirements of the Educational Code and the approval of the Governing Board.
Student organization activities shall be self-supporting. ASHC funds should serve the
student body as a whole. Student organizations shall prepare budgets of anticipated
income and expenditures for each school year to serve as operating guides for the
year’s activities. Activities will be limited by the actual funds available, not by the
budget.
The ASHC shall adopt procedures for expenditure of student organization funds. Each
expenditure must be approved by a representative of the ASHC, the certificated
advisor, and the College President or designee prior to expending student funds.
Appropriate arrangements for the cost and maintenance of the supervision of all funds
raised by the Associated Students of Hartnell College and its organizations using the
name of Hartnell College shall be provided for by Hartnell College. A continuing audit
of student body funds will be maintained. The cost of the audit will be charged to the
Associated Students.
Any deposits or investments of funds of the Associated Students of Hartnell College may
be made only upon approval of the Hartnell College Governing Board and in compliance
with the California Education Code Section 76063.
Reference: California Education Code Sections 76062-76065; Governing Board Rules and
Regulations (1954), pp. 17-19
Revised: 10-1-85
Revised and Adopted: 4-4-95, 7-1-96 ________________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3145
Advisors and Sponsors for Student Clubs and Organizations
Each club or organization approved by the Associated Students of Hartnell College
(ASHC) as part of the student body organizations must have an employee of the district
as an advisor. The advisors will supervise, as necessary, meetings and official activities,
including mandatory supervision of financial transactions, of the club or organization.
The advisors will do what is prudent to ensure proper conduct in actions of the group for
which they are responsible, but otherwise their duties are primarily advisory.
All authorized student functions must have proper chaperonage. Each advisor is
expected to assume his or her share of this responsibility as determined by the Vice
President of Student Services. Student club or organization advisors are required to
chaperon and/or provide for proper chaperonage for all the activities of his or her club or
organization as required by this policy.
Assignments to chaperon will be made equitably and with due regard to the individual's
interests, personal convictions, and personal desires.
Reference: California Education Code Sections 76062 & 76065.
(Formerly Governing Board Policy 3310-- "Philosophy Toward Student Activities", adopted 1219-67; revised and renumbered as Governing Board Policy 3410, date unknown)
(Formerly Governing Board Policy 3312.1-- "Club Advisors", adopted 4-23-68; renumbered as
Governing Board Policy 3425, date unknown)
(Formerly Governing Board Policy 3314.1-- "Sponsors (Chaperones)", adopted 1-16-68;
renumbered as Governing Board Policy 3430, date unknown)
Adopted: Revised and renumbered 10-1-85
Revised and Adopted: 1-5-88, 7-2-91, _______________
AGENDA ITEM FOR BOARD MEETING OF:
Title:
Approve Foster Care Training Agreement –
Monterey County Department of Social and
Employment Services
Area:
Office of Career & Economic Development
Prepared by: Dr. Ignacio Pando
May 5, 2009
Number:
V. E.
Status:
Consent Action
Recommendation:
That the Board of Trustees approves the proposed agreement with the Monterey County
Department of Social and Employment Services.
Summary:
This agreement between the Office of Career and Economic Development and the Monterey
County Department of Social and Employment Services will provide basic and advanced
training for local agency employees, as well as current and prospective foster, relative, and nonrelated extended family member caregivers and resource parents.
Term:
July 1, 2009 to June 30, 2011
Budget Implications:
Monterey County Department of Social and Employment Services will pay Hartnell College $404,220
in 2009-2010 and $404,220 in 2010-2011. These funds will provide the training and services as
mentioned above.
Source of Funds:
Federal: $808,440
State:
Other:
AGENDA ITEM FOR BOARD MEETING OF:
May 5, 2009
Title:
Number:
Approve Memorandum of Understanding with
Mexican American Opportunity Foundation
Area:
Office of Career & Economic Development:
Child Development Center
Prepared by: Dr. Ignacio Pando
V. F.
Status:
Consent Action
Recommendation:
That the Board of Trustees agrees to the guidelines for participation in the Monterey County
Central Eligibility List and enters into the Memorandum of Understanding with the Mexican
American Opportunity Foundation.
Summary:
The California legislature mandated each county design a central eligibility list to assist
families seeking subsidized child care. The Mexican American Opportunity Foundation has
been contracted by the State Department of Education to administer the eligibility list for
Monterey County. College Programs may choose to select families from the eligibility list but
must refer families they cannot serve to the eligibility list. Hartnell College needs to enter into
the MOU with the Mexican American Opportunity Foundation to participate in the Monterey
County Central Eligibility list as required by the California Department of Education for the
Hartnell College Child Development Center.
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF: May 5, 2009
Title:
Number:
Approve and/or Ratify Personnel Actions
Area:
Human Resources & Equal Employment
Opportunity
V. G.
Status:
Consent Action
Recommended Action:
Approve and/or ratify personnel actions as listed below.
Summary:
Approval of:
1 hire of a management employee
Ratification of:
1 retirement of regular personnel
1 hire of a full-time, tenure track, Faculty employee
1 hire of a regular classified employee
5 part-time faculty hires for spring semester 2009
1 part-time faculty hire for summer session 2009
1 substitute employee hires
3 professional expert hires
6 student worker hires for spring semester 2009
16 payments to faculty for special projects that have been completed or are being
paid on a monthly timesheet basis
Detail:
I. Retirements, resignations, releases, and leave requests
A. Ratify retirement of regular personnel:
1. Stephanie Betancourt, Institutional Research Assistant (#CC-41), effective
March 20, 2009.
II. Appointments
A. Ratify appointment of full-time academic personnel:
1. John Anderson, full-time, tenure-track, Construction Technology
Instructor/Program Coordinator (#F-103), Column A, Step 20, effective
March 16, 2009.
AGENDA ITEM FOR BOARD MEETING OF: May 5, 2009
B. Ratify appointment of regular classified personnel:
1. Kathrine Cagat, part-time, 30 hours per week, 12 months per year,
Administrative Assistant (Title V) (#CC-125), Step A, effective May 4, 2009.
C. Approve appointment of regular management personnel:
1. William Yates, Jr., Director of Business Assistance Center (BAC) (#A-39),
Step C, effective May 11, 2009.
D. Ratify appointment of part-time instructors for spring semester 2009:
1. Lovevasia Bey, Nursing
2. Brian Brady, English as a Second Language
3. Mary Jane DiGirolamo, Counseling
4. Marie Perucca-Ramirez, English as a Second Language
5. Infanta Rogers, Nursing
E. Ratify appointment for part-time instructor for summer session 2009:
1. Ron Danko, Speech
F. Ratify appointment of substitute classified employee:
1. Maria Teresa Guerrero, Division Administrative Assistant, $16.52/hr,
40 hrs/week, Developmental Education, March 30, 2009 – June 8, 2009.
G. Ratify appointment of professional experts:
1. Ben Jimenez, $57.75/hr, 7 hrs/week, to provide defense tactics, Career &
Economic Development, February 17, 2009 – May 7, 2009.
2. Debra Keller, a post-graduate intern, $20.00/hr, 20 hrs/week, to provide
emotional and personal counseling to Hartnell students, Crisis Counseling
Department, March 25, 2009 – June 30, 2011.
3. Kim Khanh Vu, $11.92/hr, 10 hrs/week, to provide supplemental instruction,
Chemistry Department, February 11, 2009 – June 4, 2009, grant funded.
H. Ratify appointment of student workers for spring semester 2009:
1. Nathan Brown, Warehouse, Student Worker I
2. Nancy Galindo, Developmental Education, Student Worker II
3. Noemi Gomez, Cafeteria, Student Worker I
4. Tavar McKissic, Cafeteria, Student Worker I
5. Marlyn Padilla, Library, Student Worker I
6. Christopher Smith, DSP&S, Student Worker III
II. Special projects and stipends
A. Ratify special project agreement payments:
1. Larry Adams, $260, to develop a plan to coordinate Digital Bridge Academy
activities into the daily schedules of the Math Academy, April 24 – 25, 2009,
grant funded.
AGENDA ITEM FOR BOARD MEETING OF: May 5, 2009
2. Guy Agrati, $49.78/hr (not to exceed $99.56), to provide evaluation of the
supplementary program report for BRN accreditation, Nursing Department,
January 29, 2009 – February 5, 2009.
3. Clara Anderson, $47.86/hr (not to exceed $6,891.84), to assist primary faculty
in conducting nursing skills laboratory sessions/testing, to provide oversight
for practice sessions; and to act as proctor for testing sessions that follow
instructor to student ratio requirements, Nursing Department, March 12, 2009
– June 4, 2009.
4. Leticia Contreras, $64.21/hr (for 159 hours for a total compensation of
$10,209.39), to support the National Science Foundation (NSF) Science Talent
Expansion Program (STEP) as Lead Instructor throughout the 2008-2009
academic year as well as summer 2009, October 15, 2008 – August 31, 2009, grant
funded.
5. LaVerne Cook, $3,500, to develop Transfer Pathways for each of the five
STEM majors through articulation and transfer agreements between Hartnell
College and CSU Monterey Bay, November 1, 2008 – March 25, 2009, grant
funded.
6. Brooke Haag, $200, to participate in STEM internship preparation course
instructional activity, March 3 – 10, 2009, grant funded.
7. Jeff Hughey, $5,000, to facilitate an increase in STEM transfer rates to
CSUMB through brochures, recruitment, internships, field trips, laboratory
tours, faculty exchanges, and identifying STEM students to support with
student laptops, all in collaboration with CSUMB, November 1, 2008 – April
15, 2009, grant funded.
8. William Ntow, $780, to create a comprehensive curriculum and activity plan
for the Math Academies, April 24 – 25, 2009, grant funded.
9. Greg Perkins, $780, to create a comprehensive curriculum and activity plan
for the Math Academies, April 24 – 25, 2009, grant funded.
10. Ken Rand, $780, to create a comprehensive curriculum and activity plan for
the Math Academies, April 24 – 25, 2009, grant funded.
11. Jim Riley, $780, to create a comprehensive curriculum and activity plan for
the Math Academies, April 24 – 25, 2009, grant funded.
12. Rachel Sage, $5000 ($2,500 to be paid out in March and the balance in June),
to provide veterinary care for colony animals and monitor controlled
substance, Animal Health Technology, January 26, 2009 – June 30, 2009.
13. Steven Triano, $4,300, to continue to develop a long-term Ag Program recruiting
model through coordination with CSUMB, June 10 – August 17, 2008, grant
funded.
14. Steven Triano, $5,000, to coordinate the “Greater Vision III Conference” on
Sustainability in Agriculture and the “Industry Technology Day,” November 1,
2008 – March 31, 2009, grant funded.
AGENDA ITEM FOR BOARD MEETING OF: May 5, 2009
15. Tracy Villanueva, $57.75/hr (not to exceed $1,039.50), to maintain all
appropriate HES 53 documentation requirements for the county and state, and
to serve as contact point for students and faculty regarding HES programs,
Nursing Department, January 26, 2009 – June 4, 2009.
16. Andrew Washburn, $780, to create a comprehensive curriculum and activity
plan for the Math Academies, April 24 – 25, 2009, grant funded.
Budget Implications:
Funds for the above personnel actions are included in the 2008/09 Budget.
ACTION ITEMS
AGENDA ITEM FOR BOARD MEETING OF:
May 5, 2009
Title:
Ratify Budget Revisions
Number:
VI. A
Area:
Office of Support Operations
Supplement OSO-2
Prepared by: Barbara Yesnosky
Status:
Action (Roll Call Vote)
Recommendation:
That the Board of Trustees ratifies Budget Revisions numbered 8212 to 8254.
Summary:
The adopted budget each year represents the best estimate of revenue and expenditures. As the
year progresses and actual amounts are known, budget changes must be made.
Revisions to the adopted budget are subject to approval by the Board of Trustees. Budget
revisions consist of transfers between major object expenditures or from the appropriations for
contingencies, as well as budgetary increases for the use of funds not included in the original
budget.
All budget entry numbers are assigned automatically assuring a complete sequence accounting.
Numeric breaks on the attached report are due to the exclusion of budget transfers, which do
not require Board approval. The accompanying Budget Journal Entry Detail Report was
produced directly from the accounting software.
Budget Implications:
The Unrestricted General Fund budget remains unchanged.
The Restricted General Fund budget increased by $530,152 due to increased revenue to
programs and/or to new programs.
AGENDA ITEM FOR BOARD MEETING OF:
May 5, 2009
Title:
Review and Accept Quarterly Financial
Status Report (CCFS-311Q) for
March 31, 2009
Number:
Area:
Office of Support Operations
Supplement OSO-4
Prepared by: Barbara Yesnosky
Status:
Action (Roll-call)
VI. B.
Recommendation:
That the Board of Trustees review and accept the Quarterly Financial Status Report (CCFS311Q) for the period ended March 31, 2009.
Summary:
AB 2910, Chapter 1486, Statutes of 1986, require California community college districts to
report on their financial condition on a quarterly basis. Accordingly, the District must submit
the attached Quarterly Financial Status Report (Form CCFS-311Q) to the Chancellor’s Office.
The County Superintendent of Schools receives an information copy.
In summary, this quarterly report indicates that the District is solvent and that no unusual
financial matters arose during the quarter.
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF:
May 5, 2009
Title:
Review as 1st Reading Revised
Board Policies
Number:
Area:
Status:
Superintendent/President
Action
VI. C.
Prepared by: Phoebe Helm
Recommended Action:
That the Board of Trustees reviews as a first reading revised Board Policy 3155, 3160, 3170,
3175, 3180, 3185, 3195
Summary:
As part of the Board’s Development Plan, the Board has set aside time at each meeting to review
and revise, if necessary, their policies.
Submitted for first reading as revised:
3155, Fund-Raising/Solicitations on Campus
3160, Posting of Announcements
3170, Counseling Program
3175, Extended Opportunity Programs and Services
3180, Disabled Students/Programs and Services
3185, Financial Aid
3195, Tutorial Center
Budget Implications:
None
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3155
Fund-Raising/Solicitations on Campus
Students clubs and organizations, approved by the Associated Students of Hartnell
College (ASHC), may establish fund-raising activities and sell goods and services only
after receiving permission from the Vice President of Student Services Student Activities
Office. Proper supervision of all fund-raising and selling of goods and services shall be
provided by the authorized club advisor. The administration shall ensure that there is no
solicitation for unauthorized purposes.
Off-campus, non-profit groups may provide information and/or solicit from students on
campus only if sponsored by a student club or organization acting in compliance with the
stipulations of this policy and/or with District Administrative permission. The
administration will use all reasonable means to determine that funds collected are used
for the purposes indicated and approved. Fund raising, the providing of information, or
solicitation activities shall not interfere with the normal conduct of the college.
Reference: California Education Code Sections 76062 and 76065; Governing Board Rules and
Regulations. (1954), p. 17
(Formerly Governing Board Policy 3311.1-- "Solicitations", adopted 4-23-68; renumbered as
Governing Board Policy 3435, date unknown)
Adopted: Revised and renumbered 10-1-85
Revised and Adopted: 1-5-88, 4-6-98, ___________ (office name change);
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3160
Posting of Announcements
Any announcement posted on campus shall bear on its face the approval of the
Vice President of Student Services Office of Student Affairs. All approvals must be
dated in order to permit their removal after the date of the event. All notices posted
without approval of or in violation of any of the regulations stated in the Hartnell College
Posting Procedure shall be removed and destroyed. Appropriate procedures are available
in the Office of the Vice President of Student Services Student Activiites Office and the
Office of Student Affairs.
Reference: Education Code Section 70902 (b) (6)
Adopted: Revised and renumbered 10-1-85
Revised and Adopted: 1-5-88, 7-2-91, 4-4-95, 4-6-98, ______________ (office name change)
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3170
Counseling Program
The Governing Board of Hartnell College supports a program of comprehensive
counseling services as a necessary and required part of the educational program at
Hartnell College.
In helping students to achieve their academic potentials, counseling services shall
include, as a minimum, academic counseling, career counseling, evaluation of
assessment tesing result, personal counseling, referrals to on-campus and community
services, the instruction of counseling related courses, and recruitment activites.
1.
Academic counseling (includes pre-counseling, program planning, program
changes, evaluations of progress, re-evaluations of program)
2.
Evaluation of assessment testing results (counselor/student tool for program
planning)
3.
Career counseling (includes selected career information, motivation and
encouragement, overview of opportunities in selected career and other potential
career areas)
4.
Personal counseling (problems affecting academic success)
5.
Referral to On-Campus and Community Services (e.g., Financial Aid, Disabled
Student Programs and Services, Department of Social Services)
6.
Developing and teaching courses to assist the student in the development of skills
relevant to personal/academic success at Hartnell College
7.
Recruitment of local high school students and community members to Hartnell
College via school visits/presentations, pre-counseling, campus tours/orientations,
participation in College Nights, etc.
Student counseling services shall be available to all current and potential Hartnell
College students. These services shall be mandatory for first-time students enrolling for
more than six units and students on academic progress probation.
Reference: California Education Code 72620; Title 5, Sections 51018
(Formerly Governing Board Policy 2210; adopted 3-13-69; see also former Governing Board
Policy 2211: "Referrals", adopted 3-13-69)
Adopted, Revised and Renumbered 10-1-85
Revised and Adopted: 4-4-95, 7-1-96, _______________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3175
Extended Opportunity Programs and Services
The Governing Board supports the concept of providing equal educational opportunity
for all persons.
Hartnell College shall provide support services and programs over, above, and in addition
to, the traditional student services programs of the College, in order to assist low-income,
non-traditional, and minority students to succeed academically at Hartnell College.
The Extended Opportunity Programs and Services (EOPS) is established at
Hartnell College in order to provide services specifically designed to assist these
students. Services of the Program shall include, but not be limited to, tutorial services,
professional counseling, peer counseling, recruitment, financial aid, multicultural
activities, and transition services. and a student organization. All efforts of the program
shall be directed at facilitating the educational and personal growth of EOPS students and
increasing their potential for success at Hartnell College.
The Office of Student Affairs shall assure that the EOPS program conforms to all
requirements established by the relevant law and regulations.
Reference: California Education Code Sections 69640-69643; Title 5, Sections 56200-56296
Revised and Adopted: 10-1-85, 4-4-95, 4-6-98, ________________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3180
Disabled Students/Programs and Services
The Governing Board of Hartnell College supports programs and services that provide
equal educational opportunities for students with disabilities who can profit from
instruction at Hartnell College. These programs and services shall be provided through
the Disabled Students/Programs and Services (DSPS). The overall objectives of the
Disabled Students/Programs and Services DSPS shall be to assist students with
disabilities to participate in the regular educational programs at Hartnell College.
Services of the DSPS Disabled Students/Programs and Services shall be available to
students with professionally verified disabilities. The abilities of the student shall be
enhanced by providing appropriate services, reasonable accommodations, academic
adjustments, accessible facilities, equipment, instructional programs, rehabilitation
counseling and academic counseling. Reasonable effort shall be made by Hartnell
College to provide assistance to allow for each disabled student to achieve his or her
academic potential.
Participation of a student with disabilities in the DSPS Disabled Students/Programs and
Services is voluntary. Enrollment in the DSPS Disabled Students/Programs and Services
does not preclude any student with disabilities using or enrolling in any and all other
Hartnell College services and academic programs.
The Office of Student Affairs shall assure that the DSPS program conforms to all
requirements established by the relevant law and regulations.
Reference: Education Code, Sections 67310 and 84850; Title 5, Sections 56000-56076
Adopted: 10-1-85
Revised and Adopted: 1-5-88, 1-2-90, 11-3-92, 4-4-95, 4-6-98, _____________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3185
Financial Aid
The Governing Board of Hartnell College recognizes that the purpose of financial aid is
to provide equal opportunity and access to post-secondary education for all persons
regardless of ability to pay. Consequently, although the primary responsibility for
meeting college costs is considered to rest with the student and his or her family, Hartnell
College supports a Financial Aid Office to provide assistance to students with
documented financial need.
Hartnell College shall award financial aid in compliance with the Hartnell College
Policy statement of Equal Education Opportunity as available in the Office of Human
Resources and Staff Diversity Equal Employment Opportunity and in compliance with
federal, state, and local guidelines. Hartnell College is committed to ensuring, within
applicable guidelines for financial assistance and application procedures, that no student
shall be denied the opportunity to pursue his or her educational objectives solely due to
the student's or parent's inability to pay.
The Financial Aid Office shall establish, publicize, and apply satisfactory academic
progress standards for participants in Title IV student aid programs.
Reference:
Education Code, Sections 66021, 68044, 76300 et seq., 76350 et seq.;
Title 5, Sections 58600-58630.
Adopted: 10-1-85
Revised and Adopted: 1-2-90, 4-4-95, 4-6-98, ___________
HARTNELL COLLEGE
3000 SERIES STUDENTS AND STUDENT SERVICES
B.
Student Programs and Services
3195
Tutorial Center
Hartnell College supports a comprehensive student tutorial program in order to maximize
student educational achievement at the College. Tutors support the regular instructional
program through individual and small group tutorial sessions. Supplemental instructor
training is included in tutor training. Tutorial assistance is provided at no cost to
Hartnell College students.
Reference: Title 5, Sections 58168 and 58170
Revised and Adopted: 10-1-85, 4-4-95
AGENDA ITEM FOR BOARD MEETING OF:
May 5, 2009
Title:
Adopt Resolution No. 09:8 Authorizing the
Issuance of 2002 General Obligation
Bonds, Series C and Resolution No. 09:9
Authorizing the Issuance of 2002 General
Obligation Bonds, Series D
Area:
Office of Support Operations
Supplement OSO-5
Prepared by: Barbara Yesnosky
Number:
VI. D
Status:
Action (Roll Call Vote)
Recommendation:
That the Board of Trustees adopts Resolution 09:8 authorizing the issuance of General
Obligation Bonds, Series C and Resolution 09:9 authorizing the issuance of General Obligation
Bonds, Series D.
Summary:
On August 6, 2002 the Board of Trustees of Hartnell Community College District took action
to call for an election with regard to General Obligation Bonds. On November 5, 2002
Measure H, in the amount of $131 million, was passed by the electorate of Monterey and San
Benito Counties. On December 3, 2002 the Board of Trustees certified the election results
indicating that more than 55% of the electorate had voted in favor of Measure H.
The District now intends to issue Series C Bonds and Series D Bonds in the aggregate amount
not to exceed $61,005,000. Series C will be issued under the Education Code, which allows
maturities up to 25 years. Series D will be issued under the Government Code, which allows
maturities up to 40 years. The funding of the bonds is expected to be in the next 90 days. The
proceeds of the bonds will be used to carry out the construction projects as enumerated in the
bond documents.
Budget Implications:
There will be no impact to the general fund, as all costs will be borne by the issuance of the
Series C Bonds and the Series D Bonds.
ADOPTION COPY
Education Code
Series C Bonds
OSO-5
HARTNELL COMMUNITY COLLEGE DISTRICT
RESOLUTION NO. 09:8
RESOLUTION AUTHORIZING THE ISSUANCE OF HARTNELL COMMUNITY
COLLEGE DISTRICT (MONTEREY AND SAN BENITO COUNTIES,
CALIFORNIA) ELECTION OF 2002 GENERAL OBLIGATION BONDS, SERIES C
WHEREAS, a duly called election was held in the Hartnell Community College District (the
“District”) (Monterey and San Benito Counties) (as represented by Monterey County, the “County”),
State of California, on November 5, 2002, at which the following proposition (the “Bond Measure”) was
submitted to the qualified electors of the District:
“To prepare students for skilled jobs, four-year colleges, train nurses and
public safety officers by:
•
Repairing leaking, decaying walls;
•
Upgrading fire safety;
•
Removing hazardous materials;
•
Upgrading wiring for computer technology;
•
Repairing, acquiring, constructing, equipping buildings, classrooms,
libraries, sites, science/computer labs;
shall Hartnell Community College District issue $131,000,000 in bonds
at legal rates with a Citizens Oversight Committee, annual financial
audits, with no money for administrators’ salaries?”
WHEREAS, at such election (the “Election”) the Bond Measure received the affirmative vote of
more than fifty-five percent of the voters of the District voting on the proposition, as certified by the
Registrar of Voters of the County of Monterey in the official canvassing of votes; and
WHEREAS, on April 30, 2003, the District issued a first series of such bonds in an aggregate
principal amount of $35,000,000 (the “Series A Bonds”);
WHEREAS, on June 28, 2006, the District issued a second series of such bonds in an aggregate
principal amount of $34,995,517.60 (the “Series B Bonds”);
WHEREAS, at this time this Board has determined that it is necessary and desirable to issue a
third series of such bonds in an aggregate principal amount, which when combined with the issuance of a
fourth series of bonds authorized to be issued, will not exceed $61,005,000 to be styled as “Hartnell
Community College District (Monterey and San Benito Counties) Election of 2002 General Obligation
Bonds, Series C” (the “Series C Bonds”);
1
DOCSSF/72245v4/024399-0006
WHEREAS, pursuant to Chapter 1.5 of Part 10 of Division 1 of Title 1 of the California
Education Code (the “Act”), the Series C Bonds are authorized to be issued for the purposes set forth in
the ballot submitted to voters at the Election; and
WHEREAS, the Board of Supervisors of Monterey County has provided by resolution pursuant
to Education Code Section 15140(b) that the District may sell the Series C Bonds on its own behalf; and
WHEREAS, the District has not received a qualified or negative certification in its most recent
interim report; and
WHEREAS, the Bonds may be issued in part as taxable “Build America Bonds” pursuant to the
American Recovery and Reinvestment Tax Act of 2009; and
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
bonds of the District, and the indebtedness of the District, including this proposed issue of Series C
Bonds, is within all limits prescribed by law;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
HARTNELL COMMUNITY COLLEGE DISTRICT, MONTEREY AND SAN BENITO COUNTIES,
CALIFORNIA, AS FOLLOWS:
SECTION 1. Purpose. To raise money for the purposes authorized by the voters of the District
at the Election (the “Projects”), and to pay all necessary legal, financial, engineering and contingent costs
in connection therewith, the Board hereby authorizes the issuance of the Series C Bonds and orders such
Series C Bonds sold at a negotiated sale such that the Series C Bonds shall be dated as of a date to be
determined by the Board, shall have a true interest cost not to exceed that authorized at the Election, shall
be payable upon such terms and provisions as shall be set forth in the Series C Bonds, and shall be in an
aggregate principal amount, which when combined with the issuance of the fourth series of bonds
authorized to be issued (the “Series D Bonds”), will not exceed $61,005,000.
SECTION 2. Bond Registrar. This Board does hereby appoint Union Bank, N.A, or such other
financial institution named as such in the Official Statement, to act as the authenticating agent, bond
registrar, transfer agent and paying agent (collectively, the “Bond Registrar”) for the Series C Bonds.
SECTION 3. Terms and Conditions of Sale. The Series C Bonds shall be sold at a negotiated
sale upon the direction of the Superintendent/President of the District (the “Superintendent/President”) or
Associate Vice President for Support Operations of the District (the “Vice President”). The Board hereby
authorizes the sale of the Series C Bonds at a negotiated sale, which is determined to provide more
flexibility in the timing of the sale, an ability to implement the sale in a shorter time period, an increased
ability to structure the Series C Bonds to fit the needs of particular purchasers, and a greater opportunity
for the Underwriters to pre-market the Series C Bonds to potential purchasers prior to the sale, all of
which will contribute to the District’s goal of achieving the lowest overall cost of funds. The Series C
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 Piper Jaffray & Co. as representative of itself and
RBC Capital Markets (collectively, the “Underwriters”), for the purchase and sale of the Series C Bonds,
substantially in the form on file with the Secretary of the Board, is hereby approved and the
2
DOCSSF/72245v4/024399-0006
Superintendent/President, the Vice President and such other officers or employees of the District as the
Superintendent/President may designate (each, an “Authorized Officer”), each alone, are hereby
authorized and requested to acknowledge the execution of such Purchase Contract, if necessary; provided,
however, that the maximum true interest cost on the Series C Bonds shall not exceed the maximum rate
permitted by law and the Underwriters’ discount, excluding original issue discount and expenses and
costs of issuance paid by the Underwriters, thereon shall not exceed 1.0% of the aggregate principal
amount of Series C Bonds issued. The Authorized Officers, each alone, are further authorized to
determine the principal amount of the Series C Bonds and the Series D Bonds to be specified in the
Purchase Contract for sale by the District up to $61,005,000 and to enter into and execute the Purchase
Contract with the Underwriters, if the conditions set forth in this Resolution are satisfied. The Board
estimates that the costs associated with the issuance of the Series C Bonds, including compensation to the
Underwriters and any such costs which the Underwriters agrees to pay pursuant to the Purchase Contract
(excluding fees of the Bond Insurer, if any), will equal approximately 2.0% of the principal amount of the
Series C Bonds.
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)
“Accreted Interest” means, with respect to the Capital Appreciation Bonds, the
Accreted Value thereof as of the date of calculation minus the Denominational Amount thereof.
(b)
“Accretion Rate” means, unless otherwise provided by the Purchase Contract,
that rate which, when applied to the Denominational Amount of any Capital Appreciation Bond
and compounded semiannually on each February 1 and August 1 (commencing August 1, 2009),
produces the Accreted Value on the maturity date.
(c)
“Accreted Value” means with respect to the Capital Appreciation Bonds, as of
the date of calculation, the Denominational Amount thereof, plus Accreted Interest thereon to
such date of calculation, compounded semiannually on each February 1 and August 1
(commencing on August 1, 2009 (unless otherwise provided in the Purchase Contract)) with
respect to the Capital Appreciation Bonds which mature on August 1 of a given year at the stated
Accretion Rate to maturity thereof, assuming in any such semiannual period that such Accreted
Value increases in equal daily amounts on the basis of a 360-day year of twelve 30-day months.
(d)
“Bond Insurer” means any insurance company which issues a municipal bond
insurance policy insuring the payment of Denominational Amount and Accreted Interest of and
interest on the Series C Bonds.
(e)
“Bond Payment Date” means (unless otherwise provided by the Purchase
Contract), February 1 and August 1 of each year commencing February 1, 2010 with respect to
the Current Interest Bonds; and, with respect to the Capital Appreciation Bonds, the stated
maturity dates thereof, as applicable.
(f)
“Bond Registrar” means Union Bank, N.A., or any successor thereto.
(g)
“Capital Appreciation Bonds” means the Series C Bonds the interest component
of which is compounded semiannually on each February 1 and August 1 (commencing on
August 1, 2009 (unless otherwise provided in the Purchase Contract)) to maturity as shown in the
table of Accreted Value for such Series C Bonds in the Official Statement.
3
DOCSSF/72245v4/024399-0006
(h)
“Current Interest Bonds” means the Series C Bonds the interest on which is
payable semiannually on each Bond Payment Date specified for each such Series C Bond as
designated and maturing in the years and in the amounts set forth in the Purchase Contract.
(i)
“Denominational Amount” means, with respect to the Capital Appreciation
Bonds, the initial principal amount thereof, and, with respect to the Current Interest Bonds, the
principal amount thereof.
(j)
“Depository” means the securities depository acting as Depository pursuant to
Section 6(c) hereof.
(k)
“DTC” means The Depository Trust Company, New York, New York, a limited
purpose trust company organized under the laws of the State of New York, in its capacity as
securities depository for the Series C Bonds.
(l)
“Information Services” means Financial Information, Inc.’s Daily Called Bond
Service; Mergent, Inc.’s Called Bond Department; or Standard & Poor’s J.J. Kenny Information
Services’ Called Bond Service.
(m)
“Maturity Value” means the Accreted Value of any Capital Appreciation Bond
on its maturity date.
(n)
“Nominee” means the nominee of the Depository, which may be the Depository,
as determined from time to time pursuant to Section 6(c) hereof.
(o)
“Official Statement” means the Official Statement for the Series C Bonds, as
described in Section 17 hereof.
(p)
“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.
(q)
“Principal” or “Principal Amount” means, with respect to any Current Interest
Bond, the principal or principal amount thereof and, with respect to any Capital Appreciation
Bond, the Denominational Amount.
(r)
Resolution.
“Projects” shall have the meaning given to that term in Section 1 of this
(s)
“Projects Costs” means all of the expenses of and incidental to the construction
and/or acquisition of the Projects, including Costs of Issuance.
(t)
“Record Date” means the 15th day of the month preceding each Bond Payment
Date.
(u)
“Securities Depository” means The Depository Trust Company, 55 Water Street,
New York, New York 10041, Tel: (212) 855-1000 or Fax: (212) 855-7320.
(v)
“Term Bonds” means those Series C Bonds for which mandatory redemption
dates have been established in the Purchase Contract.
4
DOCSSF/72245v4/024399-0006
(w)
“Transfer Amount” means, with respect to any Outstanding Current Interest
Bond, the Principal Amount and, with respect to any Capital Appreciation Bond, the Maturity
Value.
SECTION 6.
Terms of the Series C Bonds.
(a)
Denomination, Interest, Dated Dates. The Series C Bonds shall be issued as any
combination of Current Interest Bonds, Capital Appreciation Bonds or Build America Bonds, registered
as to both principal and interest, in the denominations of, with respect to the Current Interest Bonds,
$5,000 Denominational Amount or any integral multiple thereof (except for one odd denomination if
necessary), and with respect to the Capital Appreciation Bonds, $5,000 Maturity Value, or any integral
multiple thereof (except for one odd denomination if necessary). The Series C Bonds will be initially
registered to “Cede & Co.,” the nominee of the Depository Trust Company, New York, New York.
Each Capital Appreciation Bond shall be dated, and shall accrete interest from, its date of initial
issuance. Capital Appreciation Bonds will not bear interest on a current basis.
Each Current Interest Bond shall be dated the date of delivery or such date as shall appear in the
Purchase Contract or the Official Statement (the “Dated Date”), and shall bear interest 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 January 15, 2010, in which event it shall bear interest from Dated Date.
The Series C Bonds shall bear or accrete interest at a rate or rates such that the interest rates or
true interest cost shall not exceed the maximum limit permitted by law. Interest shall be payable on the
respective Bond Payment Dates. Interest on the Current Interest Bonds shall be computed on the basis of
a 360-day year of twelve 30-day months.
The Capital Appreciation Bonds shall mature in the years and shall be issued in the aggregate
Denominational Amount, with Maturity Values as set forth in the Purchase Contract and shall have
Accretion Rates and shall have Denominational Amounts per each five thousand dollars ($5,000) in
Maturity Value as shown in the Accreted Value Table attached to the Official Statement; provided, that in
the event that the amount shown in such Accreted Value Table and the Accreted Value calculated by the
District and approved by the Bond Insurer by application of the definition of Accreted Value set forth in
Section 5 differ, the latter amount shall be the Accreted Value of such Capital Appreciation Bond.
The Build America Bonds shall have the terms set forth in the Purchase Contract related thereto.
The Superintendent/President is directed to take or to cause to be taken all action necessary to qualify for
the Bonds for Build America Bond status and to obtain the federal subsidy for the payment of a portion of
the interest expense of the Bonds.
(b)
Redemption.
(i)
Terms of Redemption. The Series C Bonds shall be subject to redemption prior
to maturity as provided in the Purchase Contract or the Official Statement.
(ii)
Selection of Series C Bonds for Redemption. Whenever provision is made in this
Resolution for the redemption of Series C Bonds and less than all Outstanding Series C Bonds are to be
redeemed, the Bond Registrar identified below, upon written instruction from the District, shall select
5
DOCSSF/72245v4/024399-0006
Series C Bonds for redemption as so directed and if not directed, in inverse order of maturity. Within a
maturity, the Bond Registrar shall select Series C Bonds for redemption by lot. Redemption by lot shall
be in such manner as the Bond Registrar shall determine; provided, however, that the portion of any
Current Interest Bond to be redeemed in part shall be in the Principal Amount of $5,000 or any integral
multiple thereof and the portion of any Capital Appreciation Bond to be redeemed in part shall be in
integral multiples of the Accreted Value per $5,000 Maturity Value thereof.
(iii)
Notice of Redemption. When redemption is authorized or required pursuant to
Section 6(b) hereof, the Bond Registrar, upon written instruction from the District, shall give notice (a
“Redemption Notice”) of the redemption of the Series C Bonds. Such Redemption Notice shall specify:
the Series C Bonds or designated portions thereof (in the case of redemption of the Series C 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 Bond Registrar, the redemption price, the
CUSIP numbers (if any) assigned to the Series C Bonds to be redeemed, the Bond numbers of the Series
C Bonds to be redeemed in whole or in part and, in the case of any Series C Bond to be redeemed in part
only, the Principal Amount of such Series C Bond to be redeemed, and the original issue date, interest
rate or Accretion Rate and stated maturity date of each Series C 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 Series C Bond or portion thereof being redeemed at the redemption price thereof, together with
the interest accrued or accreted to the redemption date, and that from and after such date, interest with
respect thereto shall cease to accrue or accrete.
The Bond Registrar shall take the following actions with respect to such Redemption Notice:
(a)
At least 30 but not more than 45 days prior to the redemption date, such
Redemption Notice shall be given to the respective Owners of Series C 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 45 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 the
Securities Depository.
(c)
At least 30 but not more than 45 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 or failure to publish 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 Series C Bonds. Each check issued or other transfer of funds made by the Bond Registrar for the
purpose of redeeming Series C Bonds shall bear or include the CUSIP number identifying, by issue and
maturity, the Series C Bonds being redeemed with the proceeds of such check or other transfer.
(iv)
Partial Redemption of Series C Bonds. Upon the surrender of any Series C Bond
redeemed in part only, the Bond Registrar shall execute and deliver to the Owner thereof a new Series C
Bond or Series C Bonds of like tenor and maturity and of authorized denominations equal in Transfer
Amounts to the unredeemed portion of the Series C 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.
6
DOCSSF/72245v4/024399-0006
(v)
Effect of Notice of Redemption. Notice having been given as aforesaid, and the
moneys for the redemption (including the interest to the applicable date of redemption) having been set
aside in the District’s Debt Service Fund, the Series C 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 Series C Bonds to be redeemed
as provided in Section 6(b) hereof, together with interest accrued to such redemption date, shall be held
by the Bond Registrar 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 Series C Bonds to be redeemed shall cease to accrue or accrete and become payable. All money
held by or on behalf of the Bond Registrar for the redemption of Series C Bonds shall be held in trust for
the account of the Owners of the Series C Bonds so to be redeemed.
All Series C 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 Series C Bond purchased by the District shall be cancelled by the Bond
Registrar.
(vi)
Series C Bonds No Longer Outstanding. When any Series C 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 Bond Registrar, in form satisfactory to it, and sufficient
moneys shall be held by the Bond Registrar irrevocably in trust for the payment of the redemption price
of such Series C Bonds or portions thereof, and, in the case of Current Interest Bonds, accrued interest
with respect thereto to the date fixed for redemption, all as provided in this Resolution, then such Series C
Bonds shall no longer be deemed Outstanding and shall be surrendered to the Bond Registrar for
cancellation.
(c)
Book-Entry System.
(i)
Definitions. As used in this Section, the terms set forth below shall have the
meanings ascribed to them:
“Nominee” means the nominee of the Depository, which may be the Depository, as
determined from time to time pursuant to this Section.
“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.
(ii)
Election of Book-Entry System. The Series C 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 Series C Bonds in an authorized denomination (except for any odd denomination Bond). The
ownership of each such Series C Bond shall be registered in the Bond Register (as defined below) in the
name of the Nominee, as nominee of the Depository and ownership of the Series C Bonds, or any portion
thereof may not thereafter be transferred except as provided in Section 6(c)(ii)(4).
With respect to book-entry Series C Bonds, the District and the Bond Registrar 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 book-entry Series C Bonds. Without limiting the immediately preceding sentence, the
District and the Bond Registrar shall have no responsibility or obligation with respect to (i) the accuracy
7
DOCSSF/72245v4/024399-0006
of the records of the Depository, the Nominee, or any Participant with respect to any ownership interest in
book-entry Series C 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 book-entry Series C Bonds, including any
notice of redemption, (iii) the selection by the Depository and its Participants of the beneficial interests in
book-entry Series C Bonds to be prepaid in the event the District redeems the Series C Bonds in part, or
(iv) the payment by the Depository or any Participant or any other person, of any amount with respect to
Accreted Value, Principal, premium, if any, or interest on the book-entry Series C Bonds. The District
and the Bond Registrar may treat and consider the person in whose name each book-entry Series C Bond
is registered in the Bond Register as the absolute owner of such book-entry Series C Bond for the purpose
of payment of Accreted Value or Principal of and premium and interest on and to such Bond, for the
purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of
registering transfers with respect to such Bond, and for all other purposes whatsoever. The Bond
Registrar shall pay all Accreted Value or Principal of and premium, if any, and interest on the Series C
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 Accreted Value or Principal of, and
premium, if any, and interest on the Series C 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 Accreted Value or Principal of, and premium, if any, and interest on the Series C
Bonds. Upon delivery by the Depository to the owner and the Bond Registrar, 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 book-entry Series C
Bonds for the Depository’s book-entry system, the District and the Bond Registrar 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 Bond Registrar any
obligation whatsoever with respect to persons having interests in such book-entry Series C Bonds
other than the owners, as shown on the Bond Register. By executing a Letter of Representations,
the Bond Registrar 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 Bond
Registrar shall take such other actions, not inconsistent with this Resolution, as are reasonably
necessary to qualify book-entry Series C 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 book-entry Series C 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 Series C 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 book-entry 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 Series C 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 Series C Bonds shall designate, in accordance
with the provisions of this Section 6(c).
8
DOCSSF/72245v4/024399-0006
3.
Payments to Depository. Notwithstanding any other provision of this Resolution
to the contrary, so long as all outstanding Series C Bonds are held in book-entry and registered in
the name of the Nominee, all payments by the District or the Bond Register with respect to
Accreted Value or Principal of and premium, if any, or interest on the Series C Bonds and all
notices with respect to such Series C Bonds shall be made and given, respectively to the
Nominees, as provided in the Letter of Representations or as otherwise instructed by the
Depository and agreed to by the Bond Registrar notwithstanding any inconsistent provisions
herein.
4.
Transfer of Series C Bonds to Substitute Depository.
(A)
The Series C Bonds shall be initially issued as described in the Official Statement
described herein. Registered ownership of such Series C 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)(ii)(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 (1) the resignation of DTC or
its successor (or any Substitute Depository or its successor) from its functions as
depository, or (2) 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 (1) the resignation of
DTC or its successor (or any Substitute Depository or its successor) from its functions as
depository, or (2) 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)(ii)(4)(A)(1) or (2), upon
receipt of all outstanding Series C Bonds by the Bond Registrar, together with a written request of
the District to the Bond Registrar designating the Substitute Depository, a single new Bond,
which the District shall prepare or cause to be prepared, shall be executed and delivered for each
maturity of Series C 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)(ii)(4)(A)(3), upon
receipt of all outstanding Series C Bonds by the Bond Registrar, together with a written request of
the District to the Bond Registrar, new Series C 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 Bond
Registrar shall not be required to deliver such new Series C 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 or an advance refunding of any Series C
Bonds evidencing a portion of the Maturity Value or Principal maturing in a particular year, DTC
or its successor (or any Substitute Depository or its successor) shall make an appropriate notation
on such Series C Bonds indicating the date and amounts of such reduction in Maturity Value or
9
DOCSSF/72245v4/024399-0006
Principal, in form acceptable to the Bond Registrar, all in accordance with the Letter of
Representations. The Bond Registrar shall not be liable for such Depository’s failure to make
such notations or errors in making such notations.
(D)
The District and the Bond Registrar shall be entitled to treat the person in whose
name any Series C 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 Bond Registrar or
the District; and the District and the Bond Registrar shall not have responsibility for transmitting
payments to, communicating with, notifying, or otherwise dealing with any beneficial owners of
the Series C Bonds. Neither the District nor the Bond Registrar 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 Series C
Bonds, and the Bond Registrar may rely conclusively on its records as to the identity of the
owners of the Series C Bonds.
SECTION 7. Execution of the Series C Bonds. The Series C Bonds shall be signed by the
Superintendent/President and the President of the Board, or other member of the Board authorized to do
so by resolution of the Board, by their manual or facsimile signature and countersigned by the manual or
facsimile signature of the Clerk of the Board or Secretary of the Board, all in their official capacities. No
Series C 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 Series C Bond is
signed by the Bond Registrar as authenticating agent. Authentication by the Bond Registrar shall be
conclusive evidence that the Series C Bond so authenticated has been duly issued, signed and delivered
under this Resolution and is entitled to the security and benefit of this Resolution.
SECTION 8. Bond Registrar; Transfer and Exchange. So long as any of the Series C Bonds
remains outstanding, the District will cause the Bond Registrar to maintain and keep at its principal office
all books and records necessary for the registration, exchange and transfer of the Series C Bonds as
provided in this Section. Subject to the provisions of Section 9 below, the person in whose name a Series
C Bond is registered on the Bond Register shall be regarded as the absolute owner of that Series C Bond
for all purposes of this Resolution. Payment of or on account of the Principal or Accreted Value of and
premium, if any, and interest on any Series C Bond shall be made only to or upon the order of that person;
neither the District nor the Bond Registrar 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 Series C Bonds, including interest, to the extent of
the amount or amounts so paid.
Any Series C Bond may be exchanged for Series C Bonds of like tenor, maturity and Transfer
Amount upon presentation and surrender at the principal office of the Bond Registrar, 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 Bond Registrar. A Series C Bond may be transferred on the Bond Register only upon
presentation and surrender of the Series C Bond at the principal office of the Bond Registrar together with
an assignment executed by the Owner or by a person legally empowered to do so in a form satisfactory to
the Bond Registrar. Upon exchange or transfer, the Bond Registrar shall complete, authenticate and
deliver a new Series C Bond or Series C Bonds of like tenor and of any authorized denomination or
denominations requested by the Owner equal to the Transfer Amount of the Series C Bond surrendered
and bearing or accruing interest at the same rate and maturing on the same date. Capital Appreciation
Bonds and Current Interest Bonds may not be exchanged for one another.
10
DOCSSF/72245v4/024399-0006
If any Series C Bond shall become mutilated, the District, at the expense of the Owner of said
Bond, shall execute, and the Bond Registrar shall thereupon authenticate and deliver, a new Series C
Bond of like series, tenor and Transfer Amount in exchange and substitution for the Series C Bond so
mutilated, but only upon surrender to the Bond Registrar of the Series C Bond so mutilated. If any Series
C Bond issued hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may
be submitted to the Bond Registrar and, if such evidence be satisfactory to the Bond Registrar and
indemnity for the Bond Registrar and the District satisfactory to the Bond Registrar shall be given by the
owner, the District, at the expense of the Series C Bond owner, shall execute, and the Bond Registrar shall
thereupon authenticate and deliver, a new Series C Bond of like Series and tenor in lieu of and in
substitution for the Series C Bond so lost, destroyed or stolen (or if any such Series C Bond shall have
matured or shall have been called for redemption, instead of issuing a substitute Series C Bond the Bond
Registrar may pay the same without surrender thereof upon receipt of indemnity satisfactory to the Bond
Registrar and the District). The Bond Registrar may require payment of a reasonable fee for each new
Series C Bond issued under this paragraph and of the expenses which may be incurred by the District and
the Bond Registrar.
If manual signatures on behalf of the District are required in connection with an exchange or
transfer, the Bond Registrar shall undertake the exchange or transfer of Series C Bonds only after the new
Series C Bonds are signed by the authorized officers of the District. In all cases of exchanged or
transferred Series C Bonds, the District shall sign and the Bond Registrar shall authenticate and deliver
Series C 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 Series C 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 Series C Bonds surrendered upon that exchange or transfer.
Any Series C Bond surrendered to the Bond Registrar for payment, retirement, exchange,
replacement or transfer shall be cancelled by the Bond Registrar. The District may at any time deliver to
the Bond Registrar for cancellation any previously authenticated and delivered Series C Bonds that the
District may have acquired in any manner whatsoever, and those Series C Bonds shall be promptly
cancelled by the Bond Registrar. Written reports of the surrender and cancellation of Series C Bonds
shall be made to the District by the Bond Registrar on or before February 1 and August 1 of each year.
The cancelled Series C Bonds shall be retained for six years, then returned to the District or destroyed by
the Bond Registrar as directed by the District.
Neither the District nor the Bond Registrar will be required (a) to issue or transfer any Series C
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 Series C 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 Series C Bonds which have been selected or called for redemption in whole
or in part.
SECTION 9. Payment. Payment of interest on any Current Interest Bond on any Bond
Payment Date shall be made to the person appearing on the registration books of the Bond Registrar 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 Bond Registrar 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 Bond Registrar that such Owner be paid interest by wire transfer to the bank and
account number on file with the Bond Registrar as of the Record Date. The principal, and redemption
11
DOCSSF/72245v4/024399-0006
price, if any, payable on the Current Interest Bonds and the Accreted Value and redemption price, if any,
on the Capital Appreciation Bonds shall be payable upon maturity or redemption upon surrender at the
principal office of the Bond Registrar. The interest, Accreted Value, Principal and premiums, if any, on
the Series C Bonds shall be payable in lawful money of the United States of America. The Bond
Registrar is hereby authorized to pay the Series C Bonds when duly presented for payment at maturity,
and to cancel all Series C Bonds upon payment thereof. The Series C Bonds are general obligations of
the District.
SECTION 10. Forms of Series C Bonds. The Series C Bonds shall be in substantially the forms
as set forth in Exhibit A hereto, allowing those officials executing the Series C Bonds to make the
insertions and deletions necessary to conform the Series C Bonds to this Resolution and the Purchase
Contract.
SECTION 11. Delivery of Series C Bonds. The proper officials of the District shall cause the
Series C Bonds to be prepared and, following their sale, shall have the Series C Bonds signed and
delivered, together with a true transcript of proceedings with reference to the issuance of the Series C
Bonds, to the Underwriters upon payment of the purchase price therefor.
SECTION 12. Deposit of Proceeds of Series C Bonds. The proceeds from the sale of the Series
C Bonds, to the extent of the Denominational Amount and the Principal Amount thereof, shall be paid to
the County to the credit of the fund hereby created and established and to be known as the “Hartnell
Community College District Election of 2002 General Obligation Series C Bonds, Series C Building
Fund” (the “Building Fund”) of the District, shall be kept separate and distinct from all other District and
County funds, and those proceeds shall be used solely for the purpose for which the Series C Bonds are
being issued and provided further that such proceeds shall be applied solely to authorized purposes which
relate to the Projects. The accrued interest and any premium received by the District from the sale of the
Series C Bonds shall be kept separate and apart in the fund hereby created and established and to be
designated as the “Hartnell Community College District Election of 2002 General Obligation Series C
Bonds, Series C Debt Service Fund” (the “Debt Service Fund”) for the Series C Bonds and used only for
payment of Accreted Value or Principal of and interest on the Series C Bonds. Interest earnings on
moneys held in the Building Fund shall be retained in the Building Fund. Interest earnings on moneys
held in the Debt Service Fund shall be retained in the Debt Service Fund. Any amounts that remain in the
Building Fund at the completion of the Projects, at the written direction of the District, shall be
transferred to the Debt Service Fund to be used to pay the Principal of, premium, if any, and interest on
the Series C Bonds, subject to any conditions set forth in the Tax Certificate. Any excess proceeds of the
Series C Bonds not needed for the authorized purposes set forth herein for which the Series C Bonds are
being issued shall be transferred to the Debt Service Fund and applied to the payment of Accreted Value
or Principal of and interest on the Series C Bonds. If, after payment in full of the Series C Bonds, there
remain excess proceeds, any such excess amounts shall be transferred to the General Fund of the District.
Subject to federal tax restrictions, moneys in the funds created hereunder shall be invested in any
lawful investment permitted by Sections 16429.1 and 53601 of the Government Code of the State of
California (the “Government Code”), including the Monterey County Treasurer Investment Pool, or in
shares in a California common law trust established pursuant to Title 1, Division 7, Chapter 5 of the
Government Code which invests exclusively in investments permitted by Section 53635 of the
Government Code, in the Local Agency Investment Fund administered by the Treasurer of the State of
California (“LAIF”), or in a guaranteed investment contract with a financial institution or insurance
company which has at the date of execution thereof one or more outstanding issues of unsecured,
uninsured and unguaranteed debt obligations or a claims paying ability rated not lower than the second
12
DOCSSF/72245v4/024399-0006
highest rating category (without regard to subcategories) by Standard & Poor’s and Moody’s Investors
Service.
Except as required below to satisfy the requirements of Section 148(f) of the Internal Revenue
Code of 1986, as amended (the “Code”), interest earned on the investment of moneys held in the Debt
Service Fund shall be retained in the Debt Service Fund and used to pay the Accreted Value or Principal
of and interest on the Series C Bonds when due.
SECTION 13. Rebate Fund.
(a)
The District shall create and establish a special fund designated the “Hartnell Community
College District Election of 2002 General Obligation Series C Bonds, Series C 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, and the Treasury Regulations promulgated
thereunder (the “Treasury Regulations”). Such amounts shall be free and clear of any lien hereunder and
shall be governed by this Section and by the Tax Certificate to be executed by the District.
(b)
Within 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 Series C Bonds the
amount that would be considered the “rebate amount” within the meaning of Section 1.148-3 of the
Treasury Regulations, using as the “computation date” for this purpose the end of such Bond Year, and
(2) the District shall deposit to the Rebate Fund from amounts on deposit in the other funds established
hereunder or from other District funds, 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. 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. The
District shall not be required to calculate the “rebate amount” and 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 Series C Bonds (including amounts treated as proceeds of the Series C 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, whichever is applicable, and otherwise
qualify for the exception to the Rebate Requirement pursuant to whichever of said sections is applicable,
(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 (1½%) 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)
Any funds remaining in the Rebate Fund after redemption of all the Series C Bonds and
any amounts described in paragraph (2) of subsection (d) of this Section, or provision made therefor
satisfactory to the District, including accrued interest, shall be remitted to the District.
(d)
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,
13
DOCSSF/72245v4/024399-0006
(1)
not later than 60 days after the end of (i) the fifth Bond Year, and (ii) each fifth
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 Treasury Regulations; and
(2)
not later than 60 days after the payment of all Series C Bonds, an amount equal
to 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 Treasury Regulations.
(e)
In the event that, prior to the time any payment is 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 (or have calculated) 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.
(f)
Each payment required to be made pursuant to subsection (d) of this Section shall be
made to the Internal Revenue Service, 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 the District.
(g)
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, the District may withdraw the
excess from the Rebate Fund and credit such excess to the Debt Service Fund.
(h)
The District shall retain records of all determinations made hereunder until six years after
the complete retirement of the Series C Bonds.
(i)
Notwithstanding anything in this Resolution to the contrary, the Rebate Requirement
shall survive the payment in full or defeasance of the Series C Bonds.
SECTION 14. Security for the Series C 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 Series C Bonds are outstanding in an amount sufficient to pay the principal and Accreted Value of and
interest on the Series C Bonds when due, which moneys when collected will be placed in the Debt
Service Fund of the District, which fund is irrevocably pledged for the payment of the principal and
Accreted Value of and interest on the Series C Bonds when and as the same fall due.
The moneys in the Debt Service Fund, to the extent necessary to pay the principal and Accreted
Value of and interest on the Series C Bonds as the same become due and payable, shall be transferred by
the Treasurer-Tax Collector of the County to the Bond Registrar which, in turn, shall pay such moneys to
DTC to pay the principal and Accreted Value of and interest on the Series C Bonds. DTC will thereupon
make payments of principal and Accreted Value and interest on the Series C Bonds to the DTC
Participants who will thereupon make payments of principal and Accreted Value and interest to the
beneficial owners of the Series C Bonds. Any moneys remaining in the Debt Service Fund after the
Series C 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, pursuant to the Education Code Section 15234.
SECTION 15. Arbitrage Covenant. The District covenants that it will restrict the use of the
proceeds of the Series C Bonds in such manner and to such extent, if any, as may be necessary, so that the
14
DOCSSF/72245v4/024399-0006
Series C Bonds will not constitute arbitrage bonds under Section 148 of the Code and the applicable
regulations prescribed under that Section or any predecessor section. Calculations for determining
arbitrage requirements are the sole responsibility of the District.
SECTION 16.
Conditions Precedent. 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 Series
C 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 Series C 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 Series C Bonds.
SECTION 17.
Official Statement. The Preliminary Official Statement relating to the Series C
Bonds, substantially in the form on file with the Secretary of 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 Underwriters to be used in connection with
the offering and sale of the Series C 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 Underwriters 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 Underwriters are hereby authorized to
distribute copies of the Preliminary Official Statement to persons who may be interested in the purchase
of the Series C Bonds and is directed to deliver copies of any final Official Statement to the purchasers of
the Series C 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 Series C
Bonds, and to the extent that the Bond Insurer makes payment of the principal, interest or Accreted
Interest on the Series C Bonds, it shall become the owner of such Series C Bonds with the right to
payment of principal, interest or Accreted Interest on the Series C 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 Bond Registrar shall
note the Bond Insurer’s rights as subrogee on the registration books for the Series C Bonds maintained by
the Bond Registrar 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 Series C Bonds, and (ii) in the case of subrogation as to
claims for past due Principal or Accreted Value, the Bond Registrar shall note the Bond Insurer as
subrogee on the registration books for the Series C Bonds maintained by the Bond Registrar upon
surrender of the Series C 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 Series C
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 then on deposit in the Debt Service
Fund (as hereinafter defined) is sufficient to pay all Series C Bonds outstanding and designated
for defeasance, including all principal and interest and premium, if any; or
(b)
Government Obligations: by irrevocably depositing with an independent escrow
agent selected by the District noncallable Government Obligations together with cash, if required,
15
DOCSSF/72245v4/024399-0006
in such amount as will, in the opinion of an independent certified public accountant, together with
interest to accrue thereon and moneys then on deposit in the Debt Service Fund together with the
interest to accrue thereon, be fully sufficient to pay and discharge all Series C Bonds outstanding
and designated for defeasance (including all principal and interest represented thereby and
redemption premiums, if any) at or before their maturity date;
then, notwithstanding that any of such Series C Bonds shall not have been surrendered for payment, all
obligations of the District with respect to all such designated outstanding Series C Bonds shall cease and
terminate, except only the obligation of the Bond Registrar 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 Series C Bonds not so surrendered and paid all sums due with
respect thereto.
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 (i) a bank or trust company acts as
custodian and holds the underlying United States obligations; (ii) 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 (iii) 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. Nonliability of County. Notwithstanding anything to the contrary contained
herein, in the Series C Bonds or in any other document mentioned herein, neither the County, nor its
officials, officers, employees or agents shall have any liability hereunder or by reason hereof or in
connection with the transactions contemplated hereby, the Series C Bonds are not a debt of the County or
a pledge of the County’s full faith and credit, and the Series C Bonds and any liability in connection
therewith shall be paid solely from the moneys of the District.
SECTION 21. Indemnification of County. The District shall defend, indemnify and hold
harmless the County, its officials, officers, agents and employees (“Indemnified Parties”) against any and
all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become
subject based in whole or in part upon any acts or omission related to the Series C Bonds, except with
regard to the County’s responsibilities under Section 23 hereof. The District shall also reimburse the
Indemnified Parties for any legal or other costs and expenses incurred in connection with investigating or
defending any such claims or liabilities.
SECTION 22. Reimbursement of County Costs. The District shall reimburse the County for all
costs and expenses incurred by the County, its officials, officers, agents and employees in issuing or
otherwise in connection with the Series C Bonds.
16
DOCSSF/72245v4/024399-0006
SECTION 23. Request to County to Levy Tax. The Boards of Supervisors and officers of the
County and San Benito County are obligated by statute to provide for the levy and collection of property
taxes in each year sufficient to pay all principal and interest coming due on the Series C Bonds in such
year, and to pay from such taxes all amounts due on the Series C Bonds. The District hereby requests the
Boards of Supervisors of Monterey County and San Benito County to annually levy a tax upon all taxable
property in the District sufficient to pay all principal and interest coming due on the Series C Bonds in
such year, and to pay from such taxes all amounts due on the Series C Bonds.
SECTION 24. Other Actions. (a) Officers of the Board and 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 Series C 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 appoints Piper Jaffray & Co. and RBC Capital Markets as the
Underwriters, and Stradling, Yocca, Carlson & Rauth, a Professional Corporation, as bond counsel, with
respect to the issuance of the Series C Bonds.
(c)
The provisions of this Resolution may be amended by the Purchase Contract and the
Official Statement.
SECTION 25. Resolution to County Treasurer-Tax Collector. The Secretary of this Board is
hereby directed to provide a certified copy of this Resolution to the Treasurer-Tax Collectors of Monterey
and San Benito Counties immediately following its adoption.
SECTION 26. 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 Series C 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 Series C Bonds.
SECTION 27. Recitals. All the recitals in this Resolution above are true and correct and this
Board so finds, determines and represents.
17
DOCSSF/72245v4/024399-0006
SECTION 28. Effective Date. This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED this 5th day of May 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
__________________________________
President, Board of Trustees
Hartnell Community College District
Attest:
___________________________
Secretary, Board of Trustees
Hartnell Community College District
18
DOCSSF/72245v4/024399-0006
I, _______________________________, do hereby certify that the foregoing is a true and correct
copy of Resolution No. ______, which was duly adopted by the Board of Trustees of the Hartnell
Community College District at a meeting thereof held on the 5th day of May 2009, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
By: _____________________________
Secretary, Board of Trustees
19
DOCSSF/72245v4/024399-0006
ADOPTION COPY
Education Code
Series C Bonds
OSO-5
EXHIBIT A
FORMS OF SERIES C BONDS
(Form of Current Interest Bond)
REGISTERED
NO.
REGISTERED
$
HARTNELL COMMUNITY COLLEGE DISTRICT
(MONTEREY COUNTY AND SAN BENITO COUNTY, CALIFORNIA)
ELECTION OF 2002 GENERAL OBLIGATION BONDS, SERIES C
INTEREST RATE:
___% per annum
REGISTERED OWNER:
MATURITY DATE:
August 1, ____
DATED AS OF:
________, 2009
CUSIP
CEDE & CO.
PRINCIPAL AMOUNT:
The Hartnell Community College District (the “District”) in both Monterey County (the
“County”) and San Benito 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 February 1,
2010. 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 January 15, 2010, in
which event it shall bear interest from the Date of Delivery. Interest 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 Bond Registrar, initially Union Bank, N.A. Principal is payable upon presentation and
surrender of this bond at the principal office of the Bond Registrar. Interest is payable by check or draft
mailed by the Bond Registrar 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 Register 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 Current Interest Bonds in the aggregate principal amount of $1,000,000 or more may request in
writing to the Bond Registrar that the Owner be paid interest by wire transfer to the bank and account
number on file with the Bond Registrar as of the Record Date.
A-1
DOCSSF/72245v4/024399-0006
This bond is one of an authorization of bonds approved to raise money for the purposes
authorized by voters of the District at the election and to pay all necessary legal, financial, engineering
and contingent costs in connection therewith under authority of and pursuant to the laws of the State of
California, and the requisite vote of the electors of the District cast at a special election held on
November 5, 2002, upon the question of issuing bonds in the amount of $131,000,000 and the resolution
of the Board of Trustees of the District adopted on May 5, 2009 (the “Bond Resolution”). This bond and
the issue of which this bond is one are 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 in accordance with California Education Code Sections 15250 and 15252.
The bonds of this issue comprise $________ principal amount of Current Interest Bonds, of
which this bond is a part (a “Current Interest Bond”) and Capital Appreciation Bonds of which
$________ represents the Denominational Amount and $______ represents the Maturity Value.
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 principal office of the Bond
Registrar in Los Angeles, California, by the Registered Owner or by a person legally empowered to do so,
in a form satisfactory to the Bond Registrar, 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
Bond Registrar 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 Bond Registrar shall be affected by any notice to the contrary.
Neither the District nor the Bond Registrar 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 Current Interest Bonds maturing on or before August 1, 20__ are not subject to redemption
prior to their fixed maturity dates. The Current Interest Bonds maturing on or after August 1, 20__ are
subject to redemption on or after August 1, 20__ at the option of the District as a whole on any date, or in
part on any Bond Payment Date at the following Redemption Prices (expressed as percentages of the
Principal Amount of the Current Interest Bonds to be redeemed) plus interest accrued thereon to the dates
fixed for redemption:
Redemption
Prices
Redemption Dates
The Current Interest Bonds maturing on August 1, 20__ are subject to mandatory redemption
from moneys in the Debt Service Fund prior to their stated maturity date, at the Principal Amount thereof
without premium on each August 1, on and after August 1, 20__, in the Principal Amounts as set forth in
the following table:
Redemption Dates
Principal Amounts
A-2
DOCSSF/72245v4/024399-0006
TOTAL
$
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 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 Bond Registrar 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, and for levying and collecting such taxes the full faith and credit of the
District are hereby pledged.
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.
A-3
DOCSSF/72245v4/024399-0006
IN WITNESS WHEREOF, the Hartnell Community College District, Monterey County and San
Benito County, California, has caused this bond to be executed on behalf of the District and in their
official capacities by the manual or facsimile signature of the President of the Board of Trustees of the
District and the Superintendent/President of the District, and to be countersigned by the manual or
facsimile signature of the Secretary to the Board of Trustees of the District, all as of the date stated above.
HARTNELL COMMUNITY COLLEGE
DISTRICT
(Facsimile Signature)
President, Board of Trustees
COUNTERSIGNED:
(Facsimile Signature)
Secretary, Board of Trustees
(Facsimile Signature)
Superintendent/President
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 ____________________, 2009.
UNION BANK, N.A.
_______________________________________________
Authorized Officer
A-4
DOCSSF/72245v4/024399-0006
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 power of substitution in the premises.
Dated: ________________________
_____________________________
Signature Guaranteed:
_____________________________
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 certificate 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 certificate
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, Board of Trustees
(Form of Legal Opinion)
A-5
DOCSSF/72245v4/024399-0006
(Form of Capital Appreciation Bond)
REGISTERED
NO.
REGISTERED
$
HARTNELL COMMUNITY COLLEGE DISTRICT
(MONTEREY COUNTY AND SAN BENITO COUNTY, CALIFORNIA)
ELECTION OF 2002 GENERAL OBLIGATION BONDS, SERIES C
ACCRETION RATE:
REGISTERED OWNER:
MATURITY DATE:
August 1, ____
DATED AS OF:
Date of Delivery
CUSIP
CEDE & CO.
DENOMINATIONAL AMOUNT:
MATURITY VALUE:
The Hartnell Community College District (the “District”) in both Monterey County, California
(the “County”) and San Benito County, for value received, promises to pay to the Registered Owner
named above, or registered assigns, the Maturity Value on the Maturity Date, each as stated above, such
Maturity Value comprising the Denominational Amount and interest accreted thereon. This bond will not
bear current interest but will accrete interest, compounded on each February 1 and August 1, commencing
February 1, 2010, at the Accretion Rate specified above to the Maturity Date, assuming that in any such
semiannual period the sum of such compounded accreted interest and the Denominational Amount (such
sum being herein called the “Accreted Value”) increases in equal daily amounts on the basis of a 360-day
year consisting of twelve 30-day months. Accreted Value and redemption premium, if any, 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 Bond Registrar, initially Union Bank, N.A.
Accreted Value and redemption premium, if any, are payable upon presentation and surrender of this
bond at the principal office of the Bond Registrar.
This bond is one of an authorization of bonds approved for the purpose of raising money for the
purpose authorized by voters of the District at the election to pay all necessary legal, financial,
engineering and contingent costs in connection therewith under authority of and pursuant to the laws of
the State of California, and the requisite vote of the electors of the District cast at an election held on
November 5, 2002, upon the question of issuing bonds in the amount of $131,000,000 and the resolution
of the Board of Trustees of the District adopted on May 5, 2009 (the “Bond Resolution”). This bond and
the issue of which this bond is one are payable as to both principal and interest 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 in accordance with California Education Code Sections 15250 and 15252. The bonds of
this issue are general obligations of the District payable solely from ad valorem taxes.
The bonds of this issue comprise $________ principal amount of Current Interest Bonds (each a
“Current Interest Bond”) and Capital Appreciation Bonds, of which this bond is a part, in the
Denominational Amount of $_________ and the Maturity Value of $__________.
A-6
DOCSSF/72245v4/024399-0006
This bond is not subject to optional redemption prior to maturity.
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 principal office of the Bond
Registrar, by the Registered Owner or by a person legally empowered to do so, in a form satisfactory to
the Bond Registrar, 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 Bond Registrar 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 Bond Registrar shall be affected by any notice to the contrary.
Neither the District nor the Bond Registrar 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 Bonds maturing on August 1, 20__ are subject to mandatory redemption from moneys in the
Debt Service Fund prior to their stated maturity date, at the Accreted Value thereof without premium on
each August 1, on and after August 1, 20__, in the Accreted Value as set forth in the following table:
Redemption Dates
Accreted Values
$
TOTAL
$
A-7
DOCSSF/72245v4/024399-0006
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 Capital Appreciation Bonds of
this series, the rights, duties and obligations of the District, the Bond Registrar 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, and for levying and collecting such taxes the full faith and credit of the
District are hereby pledged.
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.
A-8
DOCSSF/72245v4/024399-0006
IN WITNESS WHEREOF, the Hartnell Community College District, Monterey County and San
Benito County, California, has caused this bond to be executed on behalf of the District and in their
official capacities by the manual or facsimile signature of the President of the Board of Trustees of the
District and the Superintendent/President of the District, and to be countersigned by the manual or
facsimile signature of the Secretary to the Board of Trustees of the District, all as of the date stated above.
HARTNELL COMMUNITY COLLEGE
DISTRICT
(Facsimile Signature)
President, Board of Trustees
COUNTERSIGNED:
(Facsimile Signature)
Secretary, Board of Trustees
(Facsimile Signature)
Superintendent/President
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 ____________________, 2009.
UNION BANK, N.A.
_______________________________________________
Authorized Officer
A-9
DOCSSF/72245v4/024399-0006
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 power of substitution in the premises.
Dated:
______________________________
Signature Guaranteed:
Notice:
The assignor’s signature to this assignment must correspond with the name as it appears
upon the face of the within bond in every particular, without alteration or by 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 certificate 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 certificate
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, Board of Trustees
(Form of Legal Opinion)
A-10
DOCSSF/72245v4/024399-0006
ADOPTION COPY
Government Code
Series D Bonds
OSO-5
HARTNELL COMMUNITY COLLEGE DISTRICT
RESOLUTION NO. 09:9
RESOLUTION OF THE BOARD OF TRUSTEES OF THE HARTNELL
COMMUNITY COLLEGE DISTRICT (MONTEREY AND SAN BENITO COUNTIES,
CALIFORNIA) AUTHORIZING THE ISSUANCE OF ELECTION OF 2002
GENERAL OBLIGATION BONDS, SERIES D AND APPROVING CERTAIN
OTHER MATTERS RELATED THERETO.
WHEREAS, a duly called election was held in the Hartnell Community College District (the
“District”) (Monterey and San Benito Counties) (as represented by Monterey County, the “County”),
State of California, on November 5, 2002, at which the following proposition (the “Bond Measure”)
was submitted to the qualified electors of the District:
“To prepare students for skilled jobs, four-year colleges, train nurses and
public safety officers by:
•
Repairing leaking, decaying walls;
•
Upgrading fire safety;
•
Removing hazardous materials;
•
Upgrading wiring for computer technology;
•
Repairing, acquiring, constructing, equipping buildings, classrooms,
libraries, sites, science/computer labs;
shall Hartnell Community College District issue $131,000,000 in bonds
at legal rates with a Citizens Oversight Committee, annual financial
audits, with no money for administrators’ salaries?”
WHEREAS, at such election (the “Election”) the Bond Measure received the affirmative
vote of more than fifty-five percent of the voters of the District voting on the proposition, as certified
by the Registrar of Voters of the County of Monterey in the official canvassing of votes; and
WHEREAS, on April 30, 2003, the District issued a first series of such bonds in an
aggregate principal amount of $35,000,000 (the “Series A Bonds”);
WHEREAS, on June 28, 2006, the District issued a second series of such bonds in an
aggregate principal amount of $34,995,517.60 (the “Series B Bonds”);
WHEREAS, at this time this Board has determined that it is necessary and desirable to issue
a fourth series of such bonds in an aggregate principal amount, which when combined with the
issuance of a third series of bonds authorized to be issued, will not exceed $61,005,000 to be styled
1
DOCSSF/72249v4/024399-0007
as “Hartnell Community College District (Monterey and San Benito Counties) Election of 2002
General Obligation Bonds, Series D” (the “Series D Bonds”);
WHEREAS, Sections 53506 and following of the California Government Code (the
“Government Code”), including Section 53508.7 thereof, provide that a community college district may
issue and sell bonds on its own behalf at a private sale pursuant to Sections 15140 and 15146 of the
Education Code; and
WHEREAS, the Board of Supervisors of the County of Monterey has provided by resolution
pursuant to Education Code Section 15140(b) that the District may sell the Series D Bonds on its own
behalf; and
WHEREAS, the District has not received a qualified or negative certification in its most recent
interim report; and
WHEREAS, the Bonds may be issued in part as taxable “Build America Bonds” pursuant to the
American Recovery and Reinvestment Tax Act of 2009; and
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
bonds of the District, and the indebtedness of the District, including this proposed issue of Series D
Bonds, is within all limits prescribed by law;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
HARTNELL COMMUNITY COLLEGE DISTRICT, MONTEREY AND SAN BENITO COUNTY,
CALIFORNIA, AS FOLLOWS:
SECTION 1. Purpose. To raise money for the purposes authorized by the voters of the District
at the Election (the “Projects”), and to pay all necessary legal, financial, engineering and contingent costs
in connection therewith, the Board hereby authorizes the issuance of the Series D Bonds and orders such
Series D Bonds sold at a negotiated sale such that the Series D Bonds shall be dated as of a date to be
determined by the Board, shall have a true interest cost not to exceed that authorized at the Election, shall
be payable upon such terms and provisions as shall be set forth in the Series D Bonds, and shall be in an
aggregate principal amount which when combined with the third series of bonds authorized to be issued
(the “Series C Bonds”) will not exceed $61,005,000.
SECTION 2. Bond Registrar. This Board does hereby appoint Union Bank, N.A., or such other
financial institution named as such in the Official Statement, to act as the authenticating agent, bond
registrar, transfer agent and paying agent (collectively, the “Bond Registrar”) for the Series D Bonds.
SECTION 3. Terms and Conditions of Sale. The Series D Bonds shall be sold at a negotiated
sale upon the direction of the Superintendent/President of the District (the “Superintendent/President”) or
Associate Vice President For Support Operations of the District (the “Vice President”). The Board
hereby authorizes the sale of the Series D Bonds at a negotiated sale, which is determined to provide more
flexibility in the timing of the sale, an ability to implement the sale in a shorter time period, an increased
ability to structure the Series D Bonds to fit the needs of particular purchasers, and a greater opportunity
for the Underwriters to pre-market the Series D Bonds to potential purchasers prior to the sale, all of
which will contribute to the District’s goal of achieving the lowest overall cost of funds. The Series D
Bonds shall be sold pursuant to the terms and conditions set forth in the Purchase Contract, as described
2
DOCSSF/72249v4/024399-0007
below. The Series D Bonds shall be issued in accordance with the provisions of Article 4.5 of Chapter 3
of Part 1 of Division 2 of Title 5 of the California Government Code (“Government Code”).
SECTION 4. Approval of Purchase Contract and Bond Counsel. The form of Bond Purchase
Contract (the “Purchase Contract”) by and between the District and Piper Jaffray & Co. as representative
of itself and RBC Capital Markets (the “Underwriters”), for the purchase and sale of the Series D Bonds,
substantially in the form on file with the Secretary of the Board, is hereby approved and the
Superintendent/President, the Vice President and such other officers or employees of the District as the
Superintendent/President may designate (each, an “Authorized Officer”), each alone, are hereby
authorized and requested to acknowledge the execution of such Purchase Contract, if necessary; provided,
however, that the maximum true interest cost on the Series D Bonds shall not exceed the maximum rate
permitted by law and the Underwriters’ discount, excluding original issue discount and expenses and
costs of issuance paid by the Underwriter, thereon shall not exceed 1% of the aggregate principal amount
of Series D Bonds issued. The Authorized Officers, each alone, are further authorized to determine the
principal amount of the Series D Bonds and the Series C Bonds to be specified in the Purchase Contract
for sale by the District up to $61,005,000 and to enter into and execute the Purchase Contract with the
Underwriter, if the conditions set forth in this Resolution are satisfied. The Board estimates that the costs
associated with the issuance of the Series D Bonds, including compensation to the Underwriters and any
such costs which the Underwriters agree to pay pursuant to the Purchase Contract (excluding fees of the
Bond Insurer, if any), will equal approximately 2.0% of the principal amount of the Series D Bonds.
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)
“Accreted Interest” means, with respect to the Capital Appreciation Bonds, the
Accreted Value thereof as of the date of calculation minus the Denominational Amount thereof.
(b)
“Accretion Rate” means, unless otherwise provided by the Purchase Contract,
that rate which, when applied to the Denominational Amount of any Capital Appreciation Bond
and compounded semiannually on each February 1 and August 1 (commencing August 1, 2009),
produces the Accreted Value on the maturity date.
(c)
“Accreted Value” means with respect to the Capital Appreciation Bonds, as of
the date of calculation, the Denominational Amount thereof, plus Accreted Interest thereon to
such date of calculation, compounded semiannually on each February 1 and August 1
(commencing on August 1, 2009 (unless otherwise provided in the Purchase Contract)) with
respect to the Capital Appreciation Bonds which mature on August 1 of a given year at the stated
Accretion Rate to maturity thereof, assuming in any such semiannual period that such Accreted
Value increases in equal daily amounts on the basis of a 360-day year of twelve 30-day months.
(d)
“Bond Insurer” means any insurance company which issues a municipal bond
insurance policy insuring the payment of Denominational Amount and Accreted Interest of and
interest on the Series D Bonds.
(e)
“Bond Payment Date” means (unless otherwise provided by the Purchase
Contract), February 1 and August 1 of each year commencing February 1, 2010 with respect to
the Current Interest Bonds; and, with respect to the Capital Appreciation Bonds, the stated
maturity dates thereof, as applicable.
(f)
“Bond Registrar” means Union Bank, N.A., or any successor thereto.
3
DOCSSF/72249v4/024399-0007
(g)
“Capital Appreciation Bonds” means the Bonds the interest component of which
is compounded semiannually on each February 1 and August 1 (commencing on August 1, 2009
(unless otherwise provided in the Purchase Contract)) to maturity as shown in the table of
Accreted Value for such Bonds in the Official Statement.
(h)
“Code” means the Internal Revenue Code of 1986, as amended.
(i)
“Current Interest Bonds” means the Bonds the interest on which is payable
semiannually on each Bond Payment Date specified for each such Bond as designated and
maturing in the years and in the amounts set forth in the Purchase Contract.
(j)
“Denominational Amount” means, with respect to the Capital Appreciation
Bonds, the initial principal amount thereof, and, with respect to the Current Interest Bonds, the
principal amount thereof.
(k)
“Depository” means the securities depository acting as Depository pursuant to
Section 6(c) hereof.
(l)
“DTC” means The Depository Trust Company, New York, New York, a limited
purpose trust company organized under the laws of the State of New York, in its capacity as
securities depository for the Bonds.
(m)
“Fair Market Value” means the price at which a willing buyer would purchase
the investment from a willing seller in a bona fide, arm's length transaction (determined as of the
date the contract to purchase or sell the investment becomes binding) if the investment is traded
on an established securities market (within the meaning of section 1273 of the Code) and,
otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm's length
transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in
accordance with applicable regulations under the Code, (ii) the investment is an agreement with
specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated
interest rate (for example, a guaranteed investment contract, a forward supply contract or other
investment agreement) that is acquired in accordance with applicable regulations under the Code,
(iii) the investment is a United States Treasury Security—State and Local Government Series that
is acquired in accordance with applicable regulations of the United States Bureau of Public Debt,
or (iv) any commingled investment fund in which the District and related parties do not own more
than a ten percent (10%) beneficial interest therein if the return paid by the fund is without regard
to the source of the investment.
(n)
“Information Services” means Financial Information, Inc.’s Daily Called Bond
Service; Mergent, Inc.’s Called Bond Department; or Standard & Poor’s J.J. Kenny Information
Services’ Called Bond Service.
(o)
“Maturity Value” means the Accreted Value of any Capital Appreciation Bond
on its maturity date.
(p)
“Nominee” means the nominee of the Depository, which may be the Depository,
as determined from time to time pursuant to Section 6(c) hereof.
(q)
“Non-AMT Bonds” means obligations the interest on which is excludable from
gross income for federal income tax purposes under Section 103(a) of the Code and not treated as
4
DOCSSF/72249v4/024399-0007
an item of tax preference under Section 57(a)(5)(C) of the Code, that are legal investments
pursuant to Section 53601 of the Government Code.
(r)
“Official Statement” means the Official Statement for the Bonds, as described in
Section 17 hereof.
(s)
“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.
(t)
“Permitted Investments” means (i) any lawful investments permitted by Section
16429.1 and Section 53601 of the Government Code, including Non-AMT Bonds and Qualified
Non-AMT Mutual Funds, (ii) shares in a California common law trust established pursuant to
Title 1, Division 7, Chapter 5 of the Government Code which invests exclusively in investments
permitted by Section 53635 of the Government Code, but without regard to any limitations in
such Section concerning the percentage of moneys available for investment being invested in a
particular type of security, (iii) a guaranteed investment contract with a provider rated in at least
the second highest category by each rating agency then rating the Bonds and approved by the
Bond Insurer, if any, (iv) the Local Agency Investments Fund of the California State Treasurer,
and (v) State and Local Government Series Securities.
(u)
“Principal” or “Principal Amount” means, with respect to any Current Interest
Bond, the principal or principal amount thereof and, with respect to any Capital Appreciation
Bond, the Denominational Amount.
(v)
Resolution.
“Projects” shall have the meaning given to that term in Section 1 of this
(w)
“Projects Costs” means all of the expenses of and incidental to the construction
and/or acquisition of the Projects, including Costs of Issuance.
(x)
“Qualified Non-AMT Mutual Fund” means stock in a regulated investment
company to the extent that at least 95% of the income of such regulated investment company is
interest that is excludable from gross income under Section 103 of the Code and not an item of
tax preference under Section 57(a)(5)(C) of the Code.
(y)
“Qualified Permitted Investments” means (i) Non-AMT Bonds, (ii) Qualified
Non-AMT Mutual Funds, (iii) other Permitted Investments authorized by the Bond Insurer, if
any, and an opinion of Bond Counsel to the effect that such investment would not adversely
affect the tax-exempt status of the Bonds, and (iv) Permitted Investments of proceeds of the
Bonds, and interest earned on such proceeds, held not more than thirty days pending reinvestment
or Bond redemption. A guaranteed investment contract or similar investment agreement (e.g. a
forward supply contract, GIC, repo, etc.) does not constitute a Qualified Permitted Investment.
(z)
“Rating Agencies” means Standard & Poor’s Rating Services and Moody’s
Investors Services.
(aa)
“Record Date” means the 15th day of the month preceding each Bond Payment
Date.
(bb)
“Securities Depository” means The Depository Trust Company, 55 Water Street,
New York, New York 10041, Tel: (212) 855-1000 or Fax: (212) 855-7320.
5
DOCSSF/72249v4/024399-0007
(cc)
“Tax-Exempt Bonds” means any Bonds the interest in which is excludable from
gross income for federal income tax purposes and is not treated as an item of tax preference for
purposes of calculating the federal alternative minimum tax, as further described in an opinion of
Bond Counsel supplied to the original purchasers of such Series D Bonds.
(dd)
“Term Bonds” means those Series D Bonds for which mandatory redemption
dates have been established in the Purchase Contract.
(ee)
“Transfer Amount” means, with respect to any Outstanding Current Interest
Bond, the Principal Amount and, with respect to any Capital Appreciation Bond, the Maturity
Value.
SECTION 6.
Terms of the Bonds.
(a)
Denomination, Interest, Dated Dates. The Series D Bonds shall be issued as any
combination of Current Interest Bonds, Capital Appreciation Bonds or Build America Bonds, registered
as to both principal and interest, in the denominations of, with respect to the Current Interest Bonds,
$5,000 Denominational Amount or any integral multiple thereof (except for one odd denomination if
necessary), and with respect to the Capital Appreciation Bonds, $5,000 Maturity Value, or any integral
multiple thereof (except for one odd denomination if necessary). The Series D Bonds will be initially
registered to “Cede & Co.,” the nominee of the Depository Trust Company, New York, New York.
Each Capital Appreciation Bond shall be dated, and shall accrete interest from, its date of initial
issuance. Capital Appreciation Bonds will not bear interest on a current basis.
Each Current Interest Bond shall be dated the date of delivery or such date as shall appear in the
Purchase Contract or the Official Statement (the “Dated Date”), and shall bear interest 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 January 15, 2010, in which event it shall bear interest from Dated Date.
The Series D Bonds shall bear or accrete interest at a rate or rates such that the interest rates or
true interest cost shall not exceed the maximum limit permitted by law. Interest shall be payable on the
respective Bond Payment Dates. Interest on the Current Interest Bonds shall be computed on the basis of
a 360-day year of twelve 30-day months.
The Capital Appreciation Bonds shall mature in the years and shall be issued in the aggregate
Denominational Amount, with Maturity Values as set forth in the Purchase Contract and shall have
Accretion Rates and shall have Denominational Amounts per each five thousand dollars ($5,000) in
Maturity Value as shown in the Accreted Value Table attached to the Official Statement; provided, that in
the event that the amount shown in such Accreted Value Table and the Accreted Value calculated by the
District and approved by the Bond Insurer by application of the definition of Accreted Value set forth in
Section 5 differ, the latter amount shall be the Accreted Value of such Capital Appreciation Bond.
The Build America Bonds shall have the terms set forth in the Purchase Contract related thereto.
The Superintendent/President is directed to take or to cause to be taken all action necessary to qualify for
the Bonds for Build America Bond status and to obtain the federal subsidy for the payment of a portion of
the interest expense of the Bonds.
6
DOCSSF/72249v4/024399-0007
(b)
Redemption.
(i)
Terms of Redemption. The Series D Bonds shall be subject to redemption prior
to maturity as provided in the Purchase Contract or the Official Statement.
(ii)
Selection of Series D Bonds for Redemption. Whenever provision is made in
this Resolution for the redemption of Series D Bonds and less than all Outstanding Series D Bonds are to
be redeemed, the Bond Registrar identified below, upon written instruction from the District, shall select
Bonds for redemption as so directed and if not directed, in inverse order of maturity. Within a maturity,
the Bond Registrar shall select Bonds for redemption by lot. Redemption by lot shall be in such manner
as the Bond Registrar shall determine; provided, however, that the portion of any Current Interest Bond to
be redeemed in part shall be in the Principal Amount of $5,000 or any integral multiple thereof and the
portion of any Capital Appreciation Bond to be redeemed in part shall be in integral multiples of the
Accreted Value per $5,000 Maturity Value thereof.
(iii)
Notice of Redemption. When redemption is authorized or required pursuant to
Section 6(b) hereof, the Bond Registrar, upon written instruction from the District, shall give notice (a
“Redemption Notice”) of the redemption of the Series D Bonds. Such Redemption Notice shall specify:
the Series D Bonds or designated portions thereof (in the case of redemption of the Series D 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 Bond Registrar, the redemption price, the
CUSIP numbers (if any) assigned to the Series D Bonds to be redeemed, the Series D Bond numbers of
the Series D Bonds to be redeemed in whole or in part and, in the case of any Series D Bond to be
redeemed in part only, the Principal Amount of such Series D Bond to be redeemed, and the original issue
date, interest rate or Accretion Rate and stated maturity date of each Series D 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 Series D Bond or portion thereof being redeemed at the redemption price
thereof, together with the interest accrued or accreted to the redemption date, and that from and after such
date, interest with respect thereto shall cease to accrue or accrete.
The Bond Registrar shall take the following actions with respect to such Redemption Notice:
(a)
At least 30 but not more than 45 days prior to the redemption date, such
Redemption Notice shall be given to the respective Owners of Series D 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 45 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 the
Securities Depository.
(c)
At least 30 but not more than 45 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 or failure to publish 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
7
DOCSSF/72249v4/024399-0007
affected Series D Bonds. Each check issued or other transfer of funds made by the Bond Registrar for the
purpose of redeeming Series D Bonds shall bear or include the CUSIP number identifying, by issue and
maturity, the Series D Bonds being redeemed with the proceeds of such check or other transfer.
(iv)
Partial Redemption of Series D Bonds. Upon the surrender of any Series D Bond
redeemed in part only, the Bond Registrar shall execute and deliver to the Owner thereof a new Series D
Bond or Series D Bonds of like tenor and maturity and of authorized denominations equal in Transfer
Amounts to the unredeemed portion of the Series D 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.
(v)
Effect of Notice of Redemption. Notice having been given as aforesaid, and the
moneys for the redemption (including the interest to the applicable date of redemption) having been set
aside in the District’s Debt Service Fund, the Series D 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 Series D Bonds to be redeemed
as provided in Section 6(b) hereof, together with interest accrued to such redemption date, shall be held
by the Bond Registrar 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 Series D Bonds to be redeemed shall cease to accrue or accrete and become payable. All money
held by or on behalf of the Bond Registrar for the redemption of Series D Bonds shall be held in trust for
the account of the Owners of the Series D Bonds so to be redeemed.
All Series D 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 Series D Bond purchased by the District shall be cancelled by the Bond
Registrar.
(vi)
Series D Bonds No Longer Outstanding. When any Series D 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 Bond Registrar, in form satisfactory to it, and sufficient
moneys shall be held by the Bond Registrar irrevocably in trust for the payment of the redemption price
of such Series D Bonds or portions thereof, and, in the case of Current Interest Bonds, accrued interest
with respect thereto to the date fixed for redemption, all as provided in this Resolution, then such Series D
Bonds shall no longer be deemed Outstanding and shall be surrendered to the Bond Registrar for
cancellation.
(c)
Book-Entry System.
(i)
Definitions. As used in this Section, the terms set forth below shall have the
meanings ascribed to them:
“Nominee” means the nominee of the Depository, which may be the Depository, as
determined from time to time pursuant to this Section.
“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.
8
DOCSSF/72249v4/024399-0007
(ii)
Election of Book-Entry System. The Series D 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 Series D Bonds in an authorized denomination (except for any odd denomination Series D Bond).
The ownership of each such Series D Bond shall be registered in the Bond Register (as defined below) in
the name of the Nominee, as nominee of the Depository and ownership of the Series D Bonds, or any
portion thereof may not thereafter be transferred except as provided in Section 6(c)(ii)(4).
With respect to book-entry Series D Bonds, the District and the Bond Registrar 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 book-entry Series D Bonds. Without limiting the immediately preceding sentence, the
District and the Bond Registrar 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
book-entry Series D 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 book-entry Series D Bonds, including any
notice of redemption, (iii) the selection by the Depository and its Participants of the beneficial interests in
book-entry Series D Bonds to be prepaid in the event the District redeems the Series D Bonds in part, or
(iv) the payment by the Depository or any Participant or any other person, of any amount with respect to
Accreted Value, Principal, premium, if any, or interest on the book-entry Series D Bonds. The District
and the Bond Registrar may treat and consider the person in whose name each book-entry Series D Bond
is registered in the Bond Register as the absolute owner of such book-entry Series D Bond for the purpose
of payment of Accreted Value or Principal of and premium and interest on and to such Series D Bond, for
the purpose of giving notices of redemption and other matters with respect to such Series D Bond, for the
purpose of registering transfers with respect to such Series D Bond, and for all other purposes whatsoever.
The Bond Registrar shall pay all Accreted Value or Principal of and premium, if any, and interest on the
Series D 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 Accreted Value or Principal of,
and premium, if any, and interest on the Series D 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 Accreted Value or Principal of, and premium, if any, and interest on the
Series D Bonds. Upon delivery by the Depository to the owner and the Bond Registrar, 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 book-entry Series
D Bonds for the Depository’s book-entry system, the District and the Bond Registrar 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 Bond Registrar
any obligation whatsoever with respect to persons having interests in such book-entry Series D
Bonds other than the owners, as shown on the Bond Register. By executing a Letter of
Representations, the Bond Registrar 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 Bond Registrar shall take such other actions, not inconsistent with this
Resolution, as are reasonably necessary to qualify book-entry Series D 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 book-entry Series D Bonds, or (ii) the District
9
DOCSSF/72249v4/024399-0007
determines that continuation of the book-entry system is not in the best interest of the beneficial
owners of the Series D 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 book-entry Series D 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 Series D 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 Series D 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 Series D Bonds are held in book-entry and registered in
the name of the Nominee, all payments by the District or the Bond Register with respect to
Accreted Value or Principal of and premium, if any, or interest on the Series D Bonds and all
notices with respect to such Series D Bonds shall be made and given, respectively to the
Nominees, as provided in the Letter of Representations or as otherwise instructed by the
Depository and agreed to by the Bond Registrar notwithstanding any inconsistent provisions
herein.
4.
Transfer of Series D Bonds to Substitute Depository.
(A)
The Series D Bonds shall be initially issued as described in the Official
Statement described herein. Registered ownership of such Series D 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)(ii)(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 (1) the resignation of DTC or
its successor (or any Substitute Depository or its successor) from its functions as
depository, or (2) 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 (1) the resignation of
DTC or its successor (or any Substitute Depository or its successor) from its functions as
depository, or (2) 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)(ii)(4)(A)(1) or (2), upon
receipt of all outstanding Series D Bonds by the Bond Registrar, together with a written request
of the District to the Bond Registrar designating the Substitute Depository, a single new Series D
Bond, which the District shall prepare or cause to be prepared, shall be executed and delivered for
each maturity of Series D 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
10
DOCSSF/72249v4/024399-0007
request of the District. In the case of any transfer pursuant to Section 6(c)(ii)(4)(A)(3), upon
receipt of all outstanding Series D Bonds by the Bond Registrar, together with a written request
of the District to the Bond Registrar, new Series D 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
Bond Registrar shall not be required to deliver such new Series D 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 or an advance refunding of any Series D
Bonds evidencing a portion of the Maturity Value or Principal maturing in a particular year, DTC
or its successor (or any Substitute Depository or its successor) shall make an appropriate notation
on such Series D Bonds indicating the date and amounts of such reduction in Maturity Value or
Principal, in form acceptable to the Bond Registrar, all in accordance with the Letter of
Representations. The Bond Registrar shall not be liable for such Depository’s failure to make
such notations or errors in making such notations.
(D)
The District and the Bond Registrar shall be entitled to treat the person in whose
name any Series D 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 Bond Registrar or
the District; and the District and the Bond Registrar shall not have responsibility for transmitting
payments to, communicating with, notifying, or otherwise dealing with any beneficial owners of
the Series D Bonds. Neither the District nor the Bond Registrar 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 Series D
Bonds, and the Bond Registrar may rely conclusively on its records as to the identity of the
owners of the Series D Bonds.
SECTION 7. Execution of the Series D Bonds. The Series D Bonds shall be signed by the
Superintendent/President and the President of the Board, or other member of the Board authorized to do
so by resolution of the Board, by their manual or facsimile signature and countersigned by the manual or
facsimile signature of the Clerk of the Board or Secretary of the Board, all in their official capacities. No
Series D 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 Series D Bond is
signed by the Bond Registrar as authenticating agent. Authentication by the Bond Registrar shall be
conclusive evidence that the Series D Bond so authenticated has been duly issued, signed and delivered
under this Resolution and is entitled to the security and benefit of this Resolution.
SECTION 8. Bond Registrar; Transfer and Exchange. So long as any of the Series D Bonds
remains outstanding, the District will cause the Bond Registrar to maintain and keep at its principal office
all books and records necessary for the registration, exchange and transfer of the Series D Bonds as
provided in this Section. Subject to the provisions of Section 9 below, the person in whose name a Series
D Bond is registered on the Bond Register shall be regarded as the absolute owner of that Series D Bond
for all purposes of this Resolution. Payment of or on account of the Principal or Accreted Value of and
premium, if any, and interest on any Series D Bond shall be made only to or upon the order of that
person; neither the District nor the Bond Registrar 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 Series D Bonds, including interest, to the extent of
the amount or amounts so paid.
11
DOCSSF/72249v4/024399-0007
Any Series D Bond may be exchanged for Series D Bonds of like tenor, maturity and Transfer
Amount upon presentation and surrender at the principal office of the Bond Registrar, 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 Bond Registrar. A Series D Bond may be transferred on the Bond Register only upon
presentation and surrender of the Series D Bond at the principal office of the Bond Registrar together with
an assignment executed by the Owner or by a person legally empowered to do so in a form satisfactory to
the Bond Registrar. Upon exchange or transfer, the Bond Registrar shall complete, authenticate and
deliver a new Series D Bond or Series D Bonds of like tenor and of any authorized denomination or
denominations requested by the Owner equal to the Transfer Amount of the Series D Bond surrendered
and bearing or accruing interest at the same rate and maturing on the same date. Capital Appreciation
Bonds and Current Interest Bonds may not be exchanged for one another.
If any Series D Bond shall become mutilated, the District, at the expense of the Owner of said
Series D Bond, shall execute, and the Bond Registrar shall thereupon authenticate and deliver, a new
Series D Bond of like series, tenor and Transfer Amount in exchange and substitution for the Series D
Bond so mutilated, but only upon surrender to the Bond Registrar of the Series D Bond so mutilated. If
any Series D Bond issued hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction
or theft may be submitted to the Bond Registrar and, if such evidence be satisfactory to the Bond
Registrar and indemnity for the Bond Registrar and the District satisfactory to the Bond Registrar shall be
given by the owner, the District, at the expense of the Series D Bond owner, shall execute, and the Bond
Registrar shall thereupon authenticate and deliver, a new Series D Bond of like Series and tenor in lieu of
and in substitution for the Series D Bond so lost, destroyed or stolen (or if any such Series D Bond shall
have matured or shall have been called for redemption, instead of issuing a substitute Series D Bond the
Bond Registrar may pay the same without surrender thereof upon receipt of indemnity satisfactory to the
Bond Registrar and the District). The Bond Registrar may require payment of a reasonable fee for each
new Series D Bond issued under this paragraph and of the expenses which may be incurred by the District
and the Bond Registrar.
If manual signatures on behalf of the District are required in connection with an exchange or
transfer, the Bond Registrar shall undertake the exchange or transfer of Series D Bonds only after the new
Series D Bonds are signed by the authorized officers of the District. In all cases of exchanged or
transferred Series D Bonds, the District shall sign and the Bond Registrar shall authenticate and deliver
Series D 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 Series D 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 Series D Bonds surrendered upon that exchange or transfer.
Any Series D Bond surrendered to the Bond Registrar for payment, retirement, exchange,
replacement or transfer shall be cancelled by the Bond Registrar. The District may at any time deliver to
the Bond Registrar for cancellation any previously authenticated and delivered Series D Bonds that the
District may have acquired in any manner whatsoever, and those Series D Bonds shall be promptly
cancelled by the Bond Registrar. Written reports of the surrender and cancellation of Series D Bonds
shall be made to the District by the Bond Registrar on or before February 1 and August 1 of each year.
The cancelled Series D Bonds shall be retained for six years, then returned to the District or destroyed by
the Bond Registrar as directed by the District.
Neither the District nor the Bond Registrar will be required (a) to issue or transfer any Series D
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 Series D Bonds to be redeemed and ending with
12
DOCSSF/72249v4/024399-0007
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 Series D Bonds which have been selected or called for redemption in whole
or in part.
SECTION 9. Payment. Payment of interest on any Current Interest Bond on any Bond
Payment Date shall be made to the person appearing on the registration books of the Bond Registrar 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 Bond Registrar 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 Bond Registrar that such Owner be paid interest by wire transfer to the bank and
account number on file with the Bond Registrar as of the Record Date. The principal, and redemption
price, if any, payable on the Current Interest Bonds and the Accreted Value and redemption price, if any,
on the Capital Appreciation Bonds shall be payable upon maturity or redemption upon surrender at the
principal office of the Bond Registrar. The interest, Accreted Value, Principal and premiums, if any, on
the Series D Bonds shall be payable in lawful money of the United States of America. The Bond
Registrar is hereby authorized to pay the Series D Bonds when duly presented for payment at maturity,
and to cancel all Series D Bonds upon payment thereof. The Series D Bonds are general obligations of
the District.
SECTION 10. Forms of Series D Bonds. The Series D Bonds shall be in substantially the forms
as set forth in Exhibit A hereto, allowing those officials executing the Series D Bonds to make the
insertions and deletions necessary to conform the Series D Bonds to this Resolution and the Purchase
Contract.
SECTION 11. Delivery of Series D Bonds. The proper officials of the District shall cause the
Series D Bonds to be prepared and, following their sale, shall have the Series D Bonds signed and
delivered, together with a true transcript of proceedings with reference to the issuance of the Series D
Bonds, to the Underwriter upon payment of the purchase price therefor.
SECTION 12. Deposit of Proceeds of Series D Bonds. (a) The proceeds from the sale of the
Series D Bonds, to the extent of the Denominational Amount and the Principal Amount thereof, shall be
paid to the County to the credit of the fund hereby created and established and to be known as the
“Hartnell Community College District Election of 2002 General Obligation Bonds, Series D Building
Fund” (the “Building Fund”) of the District, shall be kept separate and distinct from all other District and
County funds, and those proceeds shall be used solely for the purpose for which the Series D Bonds are
being issued and provided further that such proceeds shall be applied solely to authorized purposes which
relate to the Projects. The accrued interest and any premium received by the District from the sale of the
Series D Bonds shall be kept separate and apart in the fund hereby created and established and to be
designated as the “Hartnell Community College District Election of 2002 General Obligation Bonds,
Series D Debt Service Fund” (the “Debt Service Fund”) for the Series D Bonds and used only for
payment of Accreted Value or Principal of and interest on the Series D Bonds. Interest earnings on
moneys held in the Building Fund shall be retained in the Building Fund. Interest earnings on moneys
held in the Debt Service Fund shall be retained in the Debt Service Fund. Any amounts that remain in the
Building Fund at the completion of the Projects, at the written direction of the District, shall be
transferred to the Debt Service Fund to be used to pay the Principal of, premium, if any, and interest on
the Series D Bonds, subject to any conditions set forth in the Tax Certificate. Any excess proceeds of the
Series D Bonds not needed for the authorized purposes set forth herein for which the Series D Bonds are
being issued shall be transferred to the Debt Service Fund and applied to the payment of Accreted Value
13
DOCSSF/72249v4/024399-0007
or Principal of and interest on the Series D Bonds. If, after payment in full of the Series D Bonds, there
remain excess proceeds, any such excess amounts shall be transferred to the General Fund of the District.
(b)
Moneys in the Debt Service Fund and the Building Fund shall be invested at the written
direction of the District, in Permitted Investments or in the Monterey County Treasurer Investment Pool.
If at the time of issuance the District determines to issue the Series D Bonds as Tax-Exempt Bonds
without regard to the “temporary period” restrictions of the Code, all investment of Series D Bond
proceeds shall be subject to paragraph (1) below; and the District, in consultation with the County, may
provide for an agent to assist the County in investing funds pursuant to paragraph (1) below. If the
District fails to direct the County or its agent, as the case may be, the County or its agent shall invest or
cause the funds in the Building Fund to be invested in Qualified Permitted Investments, subject to the
provisions of paragraph (1) below, until such time as the District provides written direction to invest such
funds otherwise. Neither the County nor its officers and agents, as the case may be, shall have any
responsibility or obligation to determine the tax consequences of any investment. The interest earned on
the moneys deposited to the Building Fund shall be applied as set forth in subparagraph (1)(C) below:
(1)
Covenant Regarding Investment of Proceeds.
(A)
Permitted Investments. Beginning on the delivery date, and at all times
until expenditure for authorized purposes, not less than 95% of the proceeds of the Series
D Bonds deposited in the Building Fund, including investment earnings thereon, will be
invested in Qualified Permitted Investments which are rated in at least the second highest
rating category by one of the two Rating Agencies. Notwithstanding the preceding
provisions of this Section, for purposes of this paragraph, amounts derived from the
disposition or redemption of Qualified Permitted Investments and held pending
reinvestment or redemption for a period of not more than 30 days may be invested in
Permitted Investments. The District hereby authorizes investments made pursuant to this
Resolution with maturities exceeding five years.
(B)
Recordkeeping and Monitoring Relating to Building Fund.
i.
Information Regarding Permitted Investments. The District
hereby covenants that it will record or cause to be recorded with respect to each
Permitted Investment in the Building Fund the following information: purchase date;
purchase price; information establishing the Fair Market Value of such Permitted
Investment; face amount; coupon rate; periodicity of interest payments; disposition price;
disposition date; and any accrued interest received upon disposition.
ii.
Information in Qualified Non-AMT Mutual Funds. The District
hereby covenants that, with respect to each investment of proceeds of the Series D Bonds
in a Qualified Non-AMT Mutual Fund pursuant to paragraph (1)(A) above, in addition to
recording, or causing to be recorded, the information set forth in paragraph (1)(B)(i)
above, it will retain a copy of each IRS information reporting form and account statement
provided by such Qualified Non-AMT Mutual Fund.
iii.
Monthly Investment Fund Statements. The District covenants
that it will obtain, at the beginning of each month following the delivery date, a statement
of the investments in the Building Fund detailing the nature, amount and value of each
investment as of such statement date.
14
DOCSSF/72249v4/024399-0007
iv.
Retention of Records. The District hereby covenants that it will
retain the records referred to in paragraph (1)(B)(i) and each IRS information reporting
form referred to in paragraph (1)(B)(ii) with its books and records with respect to the
Series D Bonds until six years following the last date that any obligation comprising the
Series D Bonds is retired.
(C)
Interest Earned on Permitted Investments. The interest earned on the
moneys deposited in the Building Fund shall be deposited in the Building Fund and used
for the purposes of that fund.
Except as required to satisfy the requirements of Section 148(f) of the Code, interest earned on
the investment of moneys held in the Debt Service Fund shall be retained in the Debt Service Fund and
used by the County to pay the Accreted Value or Principal of and interest on the Series D Bonds when
due.
SECTION 13. Rebate Fund.
(a)
The District shall create and establish a special fund designated the “Hartnell Community
College District Election of 2002 General Obligation Bonds, Series D 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, and the Treasury Regulations promulgated thereunder (the “Treasury
Regulations”). Such amounts shall be free and clear of any lien hereunder and shall be governed by this
Section and by the Tax Certificate to be executed by the District.
(b)
Within 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 Series D Bonds the
amount that would be considered the “rebate amount” within the meaning of Section 1.148-3 of the
Treasury Regulations, using as the “computation date” for this purpose the end of such Bond Year, and
(2) the District shall deposit to the Rebate Fund from amounts on deposit in the other funds established
hereunder or from other District funds, 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. 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. The
District shall not be required to calculate the “rebate amount” and 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 Series D Bonds (including amounts treated as proceeds of the Series D 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, whichever is applicable, and otherwise
qualify for the exception to the Rebate Requirement pursuant to whichever of said sections is applicable,
(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 (1½%) 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).
15
DOCSSF/72249v4/024399-0007
(c)
Any funds remaining in the Rebate Fund after redemption of all the Series D Bonds and
any amounts described in paragraph (2) of subsection (d) of this Section, or provision made therefor
satisfactory to the District, including accrued interest, shall be remitted to the District.
(d)
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,
(1)
not later than 60 days after the end of (i) the fifth Bond Year, and (ii) each fifth
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 Treasury Regulations; and
(2)
not later than 60 days after the payment of all Series D Bonds, an amount equal
to 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 Treasury Regulations.
(e)
In the event that, prior to the time any payment is 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 (or have calculated) 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.
(f)
Each payment required to be made pursuant to subsection (d) of this Section shall be
made to the Internal Revenue Service, 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 the District.
(g)
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, the District may withdraw the
excess from the Rebate Fund and credit such excess to the Debt Service Fund.
(h)
The District shall retain records of all determinations made hereunder until six years after
the complete retirement of the Series D Bonds.
(i)
Notwithstanding anything in this Resolution to the contrary, the Rebate Requirement
shall survive the payment in full or defeasance of the Series D Bonds.
SECTION 14. Security for the Series D 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 Series D Bonds are outstanding in an amount sufficient to pay the principal and Accreted Value of and
interest on the Series D Bonds when due, which moneys when collected will be placed in the Debt
Service Fund of the District, which fund is irrevocably pledged for the payment of the principal and
Accreted Value of and interest on the Series D Bonds when and as the same fall due.
The moneys in the Debt Service Fund, to the extent necessary to pay the principal and Accreted
Value of and interest on the Series D Bonds as the same become due and payable, shall be transferred by
the Treasurer-Tax Collector of the County to the Bond Registrar which, in turn, shall pay such moneys to
DTC to pay the principal and Accreted Value of and interest on the Series D Bonds. DTC will thereupon
16
DOCSSF/72249v4/024399-0007
make payments of principal and Accreted Value and interest on the Series D Bonds to the DTC
Participants who will thereupon make payments of principal and Accreted Value and interest to the
beneficial owners of the Series D Bonds. Any moneys remaining in the Debt Service Fund after the
Series D 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, pursuant to the Education Code Section 15234.
SECTION 15. Arbitrage Covenant. The District covenants that it will restrict the use of the
proceeds of the Series D Bonds in such manner and to such extent, if any, as may be necessary, so that the
Series D Bonds will not constitute arbitrage bonds under Section 148 of the Code and the applicable
regulations prescribed under that Section or any predecessor section. Calculations for determining
arbitrage requirements are the sole responsibility of the District.
SECTION 16.
Conditions Precedent. 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 Series
D 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 Series D 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 Series D Bonds.
The Board further finds and determines that as a result of the issuance of the Series D Bonds
under the provisions of the Act, the overall outstanding general obligation bond debt of the District will
be amortized in a more level manner.
SECTION 17.
Official Statement. The Preliminary Official Statement relating to the Series D
Bonds, substantially in the form on file with the Secretary of 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 Underwriter to be used in connection with
the offering and sale of the Series D 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 Underwriters are hereby authorized to
distribute copies of the Preliminary Official Statement to persons who may be interested in the purchase
of the Series D Bonds and is directed to deliver copies of any final Official Statement to the purchasers of
the Series D 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 Series D
Bonds, and to the extent that the Bond Insurer makes payment of the principal, interest or Accreted
Interest on the Series D Bonds, it shall become the owner of such Series D Bonds with the right to
payment of principal, interest or Accreted Interest on the Series D 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 Bond Registrar shall
note the Bond Insurer’s rights as subrogee on the registration books for the Series D Bonds maintained by
the Bond Registrar 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 Series D Bonds, and (ii) in the case of subrogation as to
claims for past due Principal or Accreted Value, the Bond Registrar shall note the Bond Insurer as
subrogee on the registration books for the Series D Bonds maintained by the Bond Registrar upon
17
DOCSSF/72249v4/024399-0007
surrender of the Series D 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 Series D
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 then on deposit in the Debt Service
Fund (as hereinafter defined) is sufficient to pay all Series D Bonds outstanding and designated
for defeasance, including all principal and interest and premium, if any; 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 then on deposit in the Debt Service Fund together with the
interest to accrue thereon, be fully sufficient to pay and discharge all Series D Bonds outstanding
and designated for defeasance (including all principal and interest represented thereby and
redemption premiums, if any) at or before their maturity date;
then, notwithstanding that any of such Series D Bonds shall not have been surrendered for payment, all
obligations of the District with respect to all such designated outstanding Series D Bonds shall cease and
terminate, except only the obligation of the Bond Registrar 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 Series D Bonds not so surrendered and paid all sums due with
respect thereto.
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 (i) a bank or trust company acts as
custodian and holds the underlying United States obligations; (ii) 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 (iii) 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. Nonliability of County. Notwithstanding anything to the contrary contained
herein, in the Series D Bonds or in any other document mentioned herein, neither the County, nor its
officials, officers, employees or agents shall have any liability hereunder or by reason hereof or in
connection with the transactions contemplated hereby, the Series D Bonds are not a debt of the County or
a pledge of the County’s full faith and credit, and the Series D Bonds and any liability in connection
therewith shall be paid solely from the moneys of the District.
18
DOCSSF/72249v4/024399-0007
SECTION 21. Indemnification of County. The District shall defend, indemnify and hold
harmless the County, its officials, officers, agents and employees (“Indemnified Parties”) against any and
all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become
subject based in whole or in part upon any acts or omission related to the Series D Bonds, except with
regard to the County’s responsibilities under Section 23 hereof. The District shall also reimburse the
Indemnified Parties for any legal or other costs and expenses incurred in connection with investigating or
defending any such claims or liabilities.
SECTION 22. Reimbursement of County Costs. The District shall reimburse the County for all
costs and expenses incurred by the County, its officials, officers, agents and employees in issuing or
otherwise in connection with the Series D Bonds.
SECTION 23. Request to County to Levy Tax. The Boards of Supervisors and officers of
Monterey County and San Benito County are obligated by statute to provide for the levy and collection of
property taxes in each year sufficient to pay all principal and interest coming due on the Series D Bonds
in such year, and to pay from such taxes all amounts due on the Series D Bonds. The District hereby
requests the Boards of Supervisors of Monterey County and San Benito County to annually levy a tax
upon all taxable property in the District sufficient to pay all principal and interest coming due on the
Series D Bonds in such year, and to pay from such taxes all amounts due on the Series D Bonds.
SECTION 24. Other Actions. (a) Officers of the Board and 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 Series D 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 appoints Piper Jaffray & Co. and RBC Capital Markets as the
Underwriters, and Stradling, Yocca, Carlson & Rauth, a Professional Corporation, as bond counsel, with
respect to the issuance of the Series D Bonds.
(c)
The provisions of this Resolution may be amended by the Purchase Contract and the
Official Statement.
SECTION 25. Resolution to County Treasurer-Tax Collector. The Secretary of this Board is
hereby directed to provide a certified copy of this Resolution to the Treasurer-Tax Collectors of Monterey
and San Benito Counties immediately following its adoption.
SECTION 26. 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 Series D 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 Series D Bonds.
SECTION 27. Recitals. All the recitals in this Resolution above are true and correct and this
Board so finds, determines and represents.
19
DOCSSF/72249v4/024399-0007
SECTION 28. Effective Date. This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED this 5th day of May, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
__________________________________
President, Board of Trustees
Hartnell Community College District
Attest:
___________________________
Secretary, Board of Trustees
Hartnell Community College District
20
DOCSSF/72249v4/024399-0007
I, _______________________________, do hereby certify that the foregoing is a true and correct
copy of Resolution No. ______, which was duly adopted by the Board of Trustees of the Hartnell
Community College District at a meeting thereof held on the 5th day of May, 2009, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
By: _____________________________
Secretary, Board of Trustees
21
DOCSSF/72249v4/024399-0007
ADOPTION COPY
Government Code
Series D Bonds
OSO-5
EXHIBIT A
FORMS OF BONDS
(Form of Current Interest Bond)
REGISTERED
NO.
REGISTERED
$
HARTNELL COMMUNITY COLLEGE DISTRICT
(MONTEREY AND SAN BENITO COUNTIES, CALIFORNIA)
ELECTION OF 2002 GENERAL OBLIGATION BONDS, SERIES D
INTEREST RATE:
___% per annum
REGISTERED OWNER:
MATURITY DATE:
August 1, ____
DATED AS OF:
________, 2009
CUSIP
CEDE & CO.
PRINCIPAL AMOUNT:
The Hartnell Community College District (the “District”) in both Monterey County, California
(the “County”) and San Benito 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 February 1,
2010. 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 January 15, 2010, in
which event it shall bear interest from the Date of Delivery. Interest 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 Bond Registrar, initially Union Bank, N.A. Principal is payable upon presentation and
surrender of this bond at the principal office of the Bond Registrar. Interest is payable by check or draft
mailed by the Bond Registrar 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 Register 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 Current Interest Bonds in the aggregate principal amount of $1,000,000 or more may request in
writing to the Bond Registrar that the Owner be paid interest by wire transfer to the bank and account
number on file with the Bond Registrar as of the Record Date.
This bond is one of an authorization of bonds approved to raise money for the purposes
authorized by voters of the District at the election and to pay all necessary legal, financial, engineering
and contingent costs in connection therewith under authority of and pursuant to the laws of the State of
California, and the requisite vote of the electors of the District cast at a special election held on
A-1
DOCSSF/72249v4/024399-0007
November 5, 2002 upon the question of issuing bonds in the amount of $131,000,000 and the resolution
of the Board of Trustees of the District adopted on May 5, 2009 (the “Bond Resolution”). This bond is
being issued under the provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the
California Government Code. This bond and the issue of which this bond is one are 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 in accordance with California
Education Code Sections 15250 and 15252.
The bonds of this issue comprise $________ principal amount of Current Interest Bonds, of
which this bond is a part (a “Current Interest Bond”) and Capital Appreciation Bonds of which
$________ represents the Denominational Amount and $______ represents the Maturity Value.
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 principal office of the Bond
Registrar in ________________, California, by the Registered Owner or by a person legally empowered
to do so, in a form satisfactory to the Bond Registrar, 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 Bond Registrar 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 Bond Registrar shall be affected by any notice to the contrary.
Neither the District nor the Bond Registrar 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 Current Interest Bonds maturing on or before August 1, 20__ are not subject to redemption
prior to their fixed maturity dates. The Current Interest Bonds maturing on or after August 1, 20__ are
subject to redemption on or after August 1, 20__ at the option of the District as a whole on any date, or in
part on any Bond Payment Date at the following Redemption Prices (expressed as percentages of the
Principal Amount of the Current Interest Bonds to be redeemed) plus interest accrued thereon to the dates
fixed for redemption:
Redemption
Prices
Redemption Dates
The Current Interest Bonds maturing on August 1, 20__ are subject to mandatory redemption
from moneys in the Debt Service Fund prior to their stated maturity date, at the Principal Amount thereof
without premium on each August 1, on and after August 1, 20__, in the Principal Amounts as set forth in
the following table:
Redemption Dates
Principal Amounts
A-2
DOCSSF/72249v4/024399-0007
TOTAL
$
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 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 Bond Registrar 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, and for levying and collecting such taxes the full faith and credit of the
District are hereby pledged.
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.
A-3
DOCSSF/72249v4/024399-0007
IN WITNESS WHEREOF, the Hartnell Community College District, Monterey County and San
Benito County, California, has caused this bond to be executed on behalf of the District and in their
official capacities by the manual or facsimile signature of the President of the Board of Trustees of the
District and the Superintendent/President of the District, and to be countersigned by the manual or
facsimile signature of the Secretary to the Governing Board of the District, all as of the date stated above.
HARTNELL COMMUNITY COLLEGE DISTRICT
By:
(Facsimile Signature)
President, Board of Trustees
By:
(Facsimile Signature)
Superintendent/President
COUNTERSIGNED:
(Facsimile Signature)
Secretary, Board of Trustees
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 _________, 2009.
UNION BANK, N.A.
_______________________________________________
Authorized Officer
A-4
DOCSSF/72249v4/024399-0007
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 power of substitution in the premises.
Dated: ________________________
_____________________________
Signature Guaranteed:
_____________________________
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 certificate 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 certificate
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, Board of Trustees
(Form of Legal Opinion)
A-5
DOCSSF/72249v4/024399-0007
(Form of Capital Appreciation Bond)
REGISTERED
NO.
REGISTERED
$
HARTNELL COMMUNITY COLLEGE DISTRICT
(MONTEREY AND SAN BENITO COUNTIES, CALIFORNIA)
ELECTION OF 2002 GENERAL OBLIGATION BONDS, SERIES D
ACCRETION RATE:
REGISTERED OWNER:
MATURITY DATE:
August 1, ____
DATED AS OF:
Date of Delivery
CUSIP
CEDE & CO.
DENOMINATIONAL AMOUNT:
MATURITY VALUE:
The Hartnell Community College District (the “District”) in both Monterey County, California
(the “County”) and San Benito County, California, for value received, promises to pay to the Registered
Owner named above, or registered assigns, the Maturity Value on the Maturity Date, each as stated above,
such Maturity Value comprising the Denominational Amount and interest accreted thereon. This bond
will not bear current interest but will accrete interest, compounded on each February 1 and August 1,
commencing February 1, 2010, at the Accretion Rate specified above to the Maturity Date, assuming that
in any such semiannual period the sum of such compounded accreted interest and the Denominational
Amount (such sum being herein called the “Accreted Value”) increases in equal daily amounts on the
basis of a 360-day year consisting of twelve 30-day months. Accreted Value and redemption premium, if
any, 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 Bond Registrar, initially Union
Bank, N.A. Accreted Value and redemption premium, if any, are payable upon presentation and
surrender of this bond at the principal office of the Bond Registrar.
This bond is one of an authorization of bonds approved for the purpose of raising money for the
purpose authorized by voters of the District at the election to pay all necessary legal, financial,
engineering and contingent costs in connection therewith under authority of and pursuant to the laws of
the State of California, and the requisite vote of the electors of the District cast at an election held on
November 5, 2002 upon the question of issuing bonds in the amount of $131,000,000 and the resolution
of the Board of Trustees of the District adopted on May 5, 2009 (the “Bond Resolution”). This bond is
being issued under the provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the
California Government Code. This bond and the issue of which this bond is one are payable as to both
principal and interest 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 in accordance with California
Education Code Sections 15250 and 15252. The bonds of this issue are general obligations of the District
payable solely from ad valorem taxes.
The bonds of this issue comprise $________ principal amount of Current Interest Bonds (each a
“Current Interest Bond”) and Capital Appreciation Bonds, of which this bond is a part, in the
Denominational Amount of $_________ and the Maturity Value of $__________.
A-6
DOCSSF/72249v4/024399-0007
This bond is not subject to optional redemption prior to maturity.
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 principal office of the Bond
Registrar, by the Registered Owner or by a person legally empowered to do so, in a form satisfactory to
the Bond Registrar, 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 Bond Registrar 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 Bond Registrar shall be affected by any notice to the contrary.
Neither the District nor the Bond Registrar 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 Bonds maturing on August 1, 20__ are subject to mandatory redemption from moneys in the
Debt Service Fund prior to their stated maturity date, at the Accreted Value thereof without premium on
each August 1, on and after August 1, 20__, in the Accreted Value as set forth in the following table:
Redemption Dates
Accreted Values
$
TOTAL
$
A-7
DOCSSF/72249v4/024399-0007
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 Capital Appreciation Bonds of
this series, the rights, duties and obligations of the District, the Bond Registrar 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, and for levying and collecting such taxes the full faith and credit of the
District are hereby pledged.
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.
A-8
DOCSSF/72249v4/024399-0007
IN WITNESS WHEREOF, the Hartnell Community College District, Monterey County and San
Benito County, California, has caused this bond to be executed on behalf of the District and in their
official capacities by the manual or facsimile signature of the President of the Board of Trustees of the
District and the Superintendent/President of the District, and to be countersigned by the manual or
facsimile signature of the Secretary to the Governing Board of the District, all as of the date stated above.
HARTNELL COMMUNITY COLLEGE DISTRICT
By:
(Facsimile Signature)
President, Board of Trustees
By:
(Facsimile Signature)
Superintendent/President
COUNTERSIGNED:
(Facsimile Signature)
Secretary, Board of Trustees
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 ________, 2009.
UNION BANK, N.A.
_______________________________________________
Authorized Officer
A-9
DOCSSF/72249v4/024399-0007
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 power of substitution in the premises.
Dated:
______________________________
Signature Guaranteed:
Notice:
The assignor’s signature to this assignment must correspond with the name as it appears
upon the face of the within bond in every particular, without alteration or by 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 certificate 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 certificate
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, Board of Trustees
(Form of Legal Opinion)
A-10
DOCSSF/72249v4/024399-0007
AGENDA ITEM FOR BOARD MEETING OF:
Title:
Adopt Resolution 09:10 Designating
Authorized Agents to Sign School
Orders and Financial Instruments on
Behalf of the District
Area:
Office of Support Operations
Supplement OSO-6
Prepared by: Barbara Yesnosky
May 5, 2009
Number:
VI. E.
Status:
Action (Roll-call)
Recommendation:
That the Board of Trustees adopt Resolution 09:10 designating authorized agents to sign school
orders and financial instruments on behalf of the District.
Summary:
This resolution updates the information on file at the Monterey County Office of Education.
Recently the District filled the Controller position. In order to carry out the business functions
of the District, it may be necessary for any of the following to sign school orders and financial
instruments on behalf of the District: Superintendent/President, Associate Vice President for
Support Operations, Associate Vice President of Academic Affairs and Accreditation, and
Controller. Signatures may be required for purchase orders, payroll documents, transmittal of
deposits, and other financial instruments.
Budget Implications:
None.
HARTNELL COMMUNITY COLLEGE DISTRICT
RESOLUTION 09:10
Designating Authorized Agents to Sign School Orders and Bank Accounts Hartnell Community
College District, Monterey County, ON MOTION OF Trustee_______________, seconded by
Trustee __________________ effective May 6, 2009.
RESOLVED by the Governing Board that, pursuant to the provisions of Education
Code Section 85232 and 85233 Dr. Phoebe K. Helm, Superintendent/President; Ms. Barbara A.
Yesnosky, Associate Vice President for Support Operations; Dr. Kathleen Rose, Associate Vice
President of Academic Affairs and Accreditation and Mr. Alfred Muñoz, Controller, be
authorized and are hereby empowered to sign any and all orders in the name of said District,
drawn on the funds of said District including use of facsimile plate.
RESOLVED that any two of the authorized signers may sign checks or other
instruments withdrawing funds from the authorized bank accounts;
RESOLVED that banks shall be entitled to honor District checks bearing the facsimile
signatures of authorized persons when a facsimile specimen is filed with the bank;
RESOLVED that school orders directed to the County Office of Education may be
authorized by any one of the authorized signers;
RESOLVED that these motions shall stand and that all additions and deletions shall be
submitted in writing to the County Office of Education or banks, as appropriate.
PASSED AND ADOPTED by the said Governing Board on May 5, 2009 by the
following vote:
AYES:
NOES:
ABSENT:
Phoebe K. Helm
Superintendent/President
Governing Board Secretary
AGENDA ITEM FOR BOARD MEETING OF:
Title:
May 5, 2009
Number:
Adopt Resolution 09:11, Recognition of
Classified School Employees Week and
Resolution 09:12, Designation of May as
Foster Care Month
VI. F.
Area:
Status:
Office of the Superintendent/President
Action
Recommendation:
That the Board of Trustees adopts Resolution 09:11, Recognition of Classified School
Employees Week, May 17-23 and Resolution 09:12, Designation of May as Foster Care Month.
Information:
The California School Employees Association and the California State Legislature have
designated the third full week of May (17 through 23) as Classified School Employee Week. To
recognize the event locally, Hartnell Chapter 470 requests that the Board adopt the attached
resolution.
In addition, May is National Foster Care Month which is a time to acknowledge and honor the
work of many individuals, public and private agencies who work to assure that the needs of
children and youth living in and leaving foster care are met. The college has had a partnership
with the Monterey County Department of Social and Employment Services, Foster Care for
several years. As such, the college has been invited to participate in National Foster Care Month
by adopting a resolution proclaiming May as Foster Care Month.
Budget Implications:
None
HARTNELL COMMUNITY COLLEGE DISTRICT
Resolution 09:11
Classified School Employees Week
WHEREAS, that classified professionals provide invaluable
services to the students of the Hartnell Community College District; and
WHEREAS, that classified professionals contribute to the
establishment and promotion of a positive instructional environment; and
WHEREAS, that classified professionals serve a vital role in
providing for the success of Hartnell Community College District
students; and
WHEREAS, that classified professionals employed by the
Hartnell Community College District strive for excellence in all areas
relative to the educational community;
THEREFORE, BE IT RESOLVED, that the Hartnell Community
College District hereby recognizes and wishes to honor the contribution
of the classified professionals to quality education in the state of
California and in the Hartnell Community College District and declares
the week of May 17– 23, 2009 as Classified School Employee Week in
the Hartnell Community College District.
Passed and adopted on this 5th day of May 2009.
_____________________________
Patricia Donohue
President, Board of Trustees
Phoebe K. Helm
Superintendent/President
HARTNELL COMMUNITY COLLEGE DISTRICT
Resolution 09:12
Designation of Foster Care Month
WHEREAS, in Monterey County there are 417 children and youth in foster care who need and
deserve safe permanent connections to loving adults, a stable home and adequate preparation for a secure
future;
WHEREAS, the needs of children and youth for belonging and unconditional emotional
commitment are best met in families;
WHEREAS, Monterey County has successfully supported permanent family connections for
foster youth, provided supports for families at risk of entering the child welfare system, and changed
practice to fully engage youth, family and communities thereby reducing the number of children in foster
care;
WHEREAS, Monterey County and Hartnell College support and value the partnership over the
years that is committed to education and training for foster, relative and near kin caregivers
WHEREAS, Hartnell College recognizes the enduring and valuable contribution of relatives and
foster and adoptive parents who open their hearts, families and homes to vulnerable children and youth;
WHEREAS, Hartnell College recognizes the numerous individuals and public and private
organizations who work to assure that the needs of children and youth living in and leaving foster care are
met, that help provide foster and former foster children and youth with vital connections to their siblings,
and that help launch young people into successful adulthood;
WHEREAS, there is new federal law that Fosters Connections to Success and Increases
Adoptions by offering opportunities to promote permanent families for children in foster care, improve
outcomes for older youth in foster care and increase support for Native American foster children, improve
the quality of staff working with children youth in the child welfare system, expand our support of
relative and adoptive caregivers, and assist older youth in securing meaningful supportive transitions from
foster care;
WHEREAS, the new federal law affirms California’s leadership and success in pioneering
innovative child welfare approaches;
WHEREAS, Hartnell College is committed to working in partnership with the County of
Monterey, state of California and the federal government to continue to foster connections to success for
all children and youth touched by the child welfare system;
NOW, THEREFORE, be it resolved that the Hartnell College Board of Trustees designate the
month of May 2009 as FOSTER CARE MONTH in the County of Monterey and urge all citizens to
volunteer their talents and energy on behalf of children in foster care, foster parents, relative caregivers,
adoptive parents and professional child welfare staff during this month and throughout the year.
Passed and adopted this ________ day of May 2009, on a motion by Trustee _______________,
seconded by Trustee________________.
AYES:
NOES:
ABSENT:
AGENDA ITEM FOR BOARD MEETING OF:
Title:
May 5, 2009
Number:
Adopt Resolution 09:13, California
Leadership Alliance for Student Success
(CLASS) Initiative
VI. G.
Area:
Status:
Superintendent/President
Action
Prepared by: Dr. Phoebe Helm
Recommendation:
That the Board of Trustees adopts Resolution 09:13, California Leadership Alliance for Student
Success (CLASS) Initiative.
Summary:
The Hewlett Foundation and the Irvine Foundation have funded the nation’s premiere
community college leadership program at the University of Texas to work with selected
community colleges in California to improve student success and retention. This two-year pilot
program will begin in the fall and includes a cohort tracking program.
Budget Implications:
None
HARTNELL COMMUNITY COLLEGE DISTRICT
RESOLUTION 09:13
California Leadership Alliance for Student Success (CLASS) Initiative
WHEREAS, the California Leadership Alliance for Student Success (Class) Initiative has
been established to focus attention on key leadership strategies and policies that are central in
California’s effort to increase successful outcomes for community college students; and
WHEREAS, the CLASS Initiative will bring together a select group of
chancellors/presidents and trustees who will focus on leadership strategies and policies for
student success; and
WHEREAS, the President and a member of the Board of Trustees have been invited to
represent the Hartnell Community College District as founding members of CLASS; and
WHEREAS, the CLASS Initiative is supported by the William and Flora Hewlett
Foundation and the James Irvine Foundation and led by the Community College Leadership
Program at The University of Texas at Austin; and
WHEREAS, participation in CLASS requires (1) that the College President and President
of the Board of Trustees will fully participate in each of four semi-annual institutes (1-2 days
each, through 2010); (2) that the President will agree to lead and support a significant cohort
tracking project within the Hartnell Community College District; (3) that both the executive staff
and the Board of Trustees will participate in scheduled monthly discussions of selected data on
student success at the college (4) that the college will host a one-day campus visit by a CLASS
co-director, to include discussions with the Board of Trustees and a faculty group; and (5) that
the President, President of the Board, and college leadership team will participate in specified
activities for evaluation of the CLASS Initiative.
BE IT NOW THEREFORE RESOLVED that the Board of Trustees of the Hartnell Community
College District is in full support of the California Leadership Alliance for Student Success
(CLASS) Initiative.
PASSED AND ADOPTED by the said Governing Board on May 5, 2009 by the following vote:
AYES:
NAYES:
ABSENT:
Phoebe K. Helm
Governing Board Secretary
Superintendent/President Patricia Donohue, Board President
INFORMATION ITEMS
AGENDA ITEM FOR BOARD MEETING OF:
May 5, 2009
Title:
Review and Accept Financial Statements
for Period Ending March 31, 2009
Number:
Area:
Office of Support Operations
Supplement OSO-1
Prepared by: Barbara Yesnosky
Status:
Information
VII. A.
Recommendation:
That the Board of Trustees receives and accept the financial statements for the period ending
March 31, 2009.
Summary:
Financial statements of District funds for the period ending March 31, 2009 are attached for
information.
Budget Implications:
None
BOARD OF TRUSTEES
Communication/Conference Reports
FUTURE AGENDA ITEMS
ADJOURNMENT