HARTNELL COMMUNITY COLLEGE DISTRICT
REGULAR MEETING OF THE BOARD OF TRUSTEES
AGENDA
April 14, 2009
TIME/PLACE:
5:00 p.m. – Open Session
5:15 p.m. – Closed Session
6:15 p.m. – Reconvene Open Session
KING CITY EDUCATION CENTER – Rooms 108A/B
117 North Second Street – King City, California
Board of Trustees
Patricia Donohue, President
Kevin Healy, Vice President
Bill Freeman, Elia Gonzalez-Castro
John Martinez, Brad Rice
Armando Cortes, Student Trustee
Dr. Phoebe Helm, Superintendent/President, Secretary to the Board
The Board of Trustees welcomes you to its meetings, which are regularly scheduled on the first Tuesday of
each month, unless otherwise noted.
The agenda is divided 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 – APRIL 14, 2009
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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. Negotiated terms for reconsideration of tenure – Dr. Hetty Yelland
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. BOND OVERSIGHT COMMITTEE UPDATE
Damon Felice, Felice Consulting Services
B. BOARD DEVELOPMENT
Review of Board Policies 3155 to 3195
C. BOARD’S GOALS FOR THE COLLEGE
1. Accreditation
2. Finances
3. Communication
V.
CONSENT ACTION ITEMS
A. MINUTES
Approve Minutes of Meeting of March 10, 2009.
HCCD –REGULAR MEETING – APRIL 14, 2009
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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. APPROVE THE MEMORANDUM OF UNDERSTANDING AND WORK AGREEMENT
WITH ALPERT/MCKEE COMPANY, CONSULTANT FOR GRANT WRITING
SERVICES
Approve 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. APPROVE THE CONTRACT WITH THE PEPSI BOTTLING GROUP, AS AN
EXCLUSIVE BEVERAGE SUPPLIER
Approve the contract with The Pepsi Bottling Group, as an exclusive beverage supplier for the
next three years. Yearly revenue for this contract will be approximately $22,000. Cost savings,
as a result of having an exclusive contract, will be approximately $16,000.
E. APPROVE AN AGREEMENT WITH BRIGHTROOM, INC., A PROFESSIONAL
EVENT PHOTOGRAPHER
Approve 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 for the Associated Students of Hartnell College to support their clubs and
activities.
F. APPROVE AN AGREEMENT WITH THE COUNTY OF MONTEREY, PROBATION
DEPARTMENT
Approve 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. APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN HARTNELL
COMMUNITY COLLEGE DISTRICT AND MONTEREY INSTITUTE FOR SOCIAL
ARCHITECTURE
Approve 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. RATIFY THE RECOMMENDATIONS OF THE CURRICULUM COMMITTEE
Ratify the recommendations of the Curriculum Committee.
I.
APPROVE OUT-OF-COUNTRY TRAVEL–BORONDA STUDY GROUP
Approve 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.
HCCD –REGULAR MEETING – APRIL 14, 2009
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J. APPROVE OUT-OF-COUNTRY TRAVEL–INTERDISCIPLINARY STUDIES PROGRAM
Approve 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. APPROVE DELAY IN ADMISSION OF STUDENTS TO THE ANIMAL HEALTH
TECHNOLOGY PROGRAM
Approve delay in admission of students to the Animal Health Technology Program in order to
conduct a Program Review as required by the Discontinuance Process.
L. APPROVE DELAY IN ADMITTING STUDENTS TO THE FIRST YEAR OF THE
ELECTRONICS PROGRAM
Approve 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
Approve and/or ratify personnel actions. (Included in packet)
VI.
Action
Action
ACTION ITEMS
A. REJECT ALL BIDS FROM THE MARCH 6, 2009 HARTNELL COLLEGE
NORTHEAST LANDSCAPE PROJECT
Reject all bids from the March 6, 2009 Hartnell College Northeast Landscape Project.
B. ACKNOWLEDGE AND AWARD THE CONTRACT FOR HARTNELL COLLEGE
NORTHEAST LANDSCAPE PROJECT
Acknowledge and award the contract to Monterey Peninsula Engineering, the lowest responsive
bidder for the Hartnell College Northeast Landscape Project.
Roll-call
C. APPROVE BUDGET REVISIONS
Approve budget revisions numbered 8140 to 8206.
Roll-call
D. ADOPT RESOLUTION 09:4, TAX AND REVENUE ANTICIPATION NOTES (TRANs)
FOR 2009-2010
Adopt Resolution 09:4, Tax and Revenue Anticipation Notes (TRANs) for 2009-2010.
Roll-call
E. ADOPT RESOLUTION 09:5, DESIGNATING NEW REPRESENTATIVES TO VARIOUS
COMMUNITY COLLEGE JOINT POWERS AUTHORITIES (JPAs)
Adopt Resolution 09:5, Designating New Representatives to various Community College Joint
Powers Authorities (JPAs).
Roll-call
F. ADOPT RESOLUTION 09:6, EARLY RETIREMENT INCENTIVE FOR FULL TIME
FACULTY
Adopt Resolution 09:6, Early Retirement Incentive for Full time faculty. The resolution will
be available at the meeting. The terms of the resolution are currently under negotiations and
expect to be finalized before the meeting of April 14, 2009.
Roll-call
G. ADOPT RESOLUTION 09:7, EARLY RETIREMENT INCENTIVE FOR C.S.E.A. AND
L-39 EMPLOYEES
Adopt Resolution 09:7, Early Retirement Incentives for C. S. E. A. and L-39 Employees.
HCCD –REGULAR MEETING – APRIL 14, 2009
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H. REVIEW AND APPROVE FIRST 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
Action
VII.
INFORMATION ITEMS
A. FINANCIAL STATEMENTS FOR PERIOD ENDING FEBRUARY 28, 2009
B. LONG RANGE ENROLLMENT AND WEEKLY CONTACT HOURS (WSCH)
C. REPORTS FROM SENATES
1. Student Senate
2. Classified Senate
3. Academic Senate
D. PRESIDENT’S REPORT
Receive report on matters of interest to the college.
VIII.
BOARD OF TRUSTEES
Action
A. RECOMMENDATION FOR 2009 DISTINGUISHED ALUMNUS/ALUMNA AWARD
Action
B. NOMINATION OF ANNUAL CCCT BOARD OF DIRECTORS ELECTION
C. RECEIVE TRUSTEE REPORTS
IX.
FUTURE AGENDA ITEMS
(Items placed on future agendas will be determined in consultation and preparation under the
auspices with Superintendent/President and Board President.)
X.
Action
ADJOURNMENT
Adjourn the meeting.
The next regular Board of Trustees Meeting scheduled
May 5, 2009 – 5:00 p.m.
Hartnell College (CAB112) – Board Room
411 Central Avenue
Salinas, California
HCCD –REGULAR MEETING – APRIL 14, 2009
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PRESENTATIONS/BOARD DEVELOPMENT
CONSTRUCTION UPDATE
AS OF 04/02/2009
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 no later than April 15, 2009 with bid openings being in midMay
⇒ Construction will begin in the summer 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 be out to bid no later than April 15, 2009 with bid openings being in midMay
⇒ Construction is slated to start in June 2009 and be completed by February 2010
CONSTRUCTION PROJECTS
‰
Northeast Landscaping Project
⇒ Bellinger Foster Steinmetz (BFS), out of Monterey, is the Architect of Record for this
project
⇒ The project bid on 03/02/09 but because of some issues the bids were rejected and the
project went back out to bid
⇒ The bid opening will take place on 04/06 and the project is anticipated to start on 04/15
and be completed by September
‰
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
⇒ 100% of the bases have been poured and all the lights have been delivered and they are
scheduled to be installed during the week of 04/06-04/10
‰
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
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:
April 14, 2009
Number:
Title:
Minutes of Regular Meeting of
March 10, 2009
V. A.
Area:
Status:
Superintendent/President
Consent Action
Prepared by: Dr. Phoebe Helm
Recommended Action:
That the Board of Trustees review, revise as appropriate, and adopt minutes of the Regular
Meeting of March 10, 2009.
Summary:
Minutes of the Board of Trustees for are submitted for review and approval as follows:
Regular Meeting of March 10, 2009
Budget Implications:
None
Unadopted
HARTNELL COMMUNITY COLLEGE DISTRICT
MINUTES
Regular Meeting of the Board of Trustees
College Library (LRC113)
College Library (LRC116)
Board Room (CAB-112)
March 10, 2009
OPEN SESSION
Trustee Donohue called the meeting of Board of Trustees of Hartnell Community
College District to order at 1:13 p.m. in LRC113 (College Library).
ROLL CALL
Patricia Donohue, President
Kevin Healy, Vice President
Bill Freeman
Elia Gonzalez-Castro (arrived at 1:30 p.m.)
Juan Martinez (arrived at 3:20 p.m.)
Brad Rice
Phoebe K. Helm, Superintendent-President/Board Secretary
Armando Cortes, Student Trustee (advisory vote per Board Policy 1030)
Trustee Donohue introduced Trustee-elect, Ray Montemayor.
ADOPT AGENDA
On a motion by Trustee Rice, seconded by Trustee Healy vote of 4-0, the Board
approved of the agenda.
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:
Tenure and Advancement for Probationary Faculty
PUBLIC COMMENTS
REGARDING
CLOSED SESSION
None
MOVED TO CLOSED
SESSION
The Board of Trustees of Hartnell Community College District, Superintendent/
President, Dr. Phoebe K. Helm, Trustee-elect Ray Montemayor, Mary Dowell,
legal counsel, Terri Pyer, Personnel Director (Interim), and members of the
Tenure Review Committee (Dr. Kathleen Rose, Dr. Esteban Soriano, Dr. Kelly
Locke, Heidi Ramirez) moved to Closed Session in LRC116 at 1:13 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.
Legal counsel, Mary Dowell, Liebert, Cassidy, Whitmore, advised those present
on the tenure process, the education code, and the role of the Board. The Tenure
Review Committee described the evaluation and review process before they and
Trustee-elect Montemayor left closed session so that the Board could review and
discuss the recommendations of the Superintendent/President for tenure and
advancement of probationary faculty.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 1 of 19
RECONVENED OPEN
SESSION
Trustee Donohue reconvened the meeting at 6:00 p.m.
PLEDGE OF
ALLEGIANCE
Trustee Martinez led the Pledge of Allegiance.
REPORT OUT FROM
CLOSED SESSION
Trustee Donohue reported out a motion by Trustee Gonzalez-Castro, seconded
by Trustee Healy, vote of 6-0 to advance Ko Cooper, Dr. Brooke Haag, Sunita
Lanka, Daniel Ortega, and Val Rodriguez to a second year as probationary
faculty effective 2009-2010.
On a motion by Trustee Freeman, seconded by Trustee Martinez, vote of 5-0-1
(Healy abstained), to advance Matt Collins, Dr. Steven Triano, and Dr. Mary
Young to a third year as probationary faculty effective 2009-2010.
On a motion by Trustee Freeman, seconded by Trustee Martinez, vote of 5-0-1
(Healy abstained) to grant tenure to Mary Cousineau, Barbara Durham, Alex
Edens, Debra Kaczmar, Nancy Schur, Andrew Vasher, and Janeen Whitmore
effective 2009-2010.
Although in accordance with the Education Code, no action was required by the
Board, Trustee Donohue announced that Larry Adams and Sharon Radel would
advance to a fourth year as probationary faculty in the 2009-2010 academic year.
SWEARING IN OF
TRUSTEE
Trustee-elect Ray Montemayor was sworn in by David Serena. Trustee
Donohue welcomed Trustee-elect Montemayor, and stated, while not officially
certified, Trustee-elect Montemayor would join the Board at the table, but would
not participate in the actions or deliberations of the Board.
Trustee Freeman stated he felt that Trustee-elect Montemayor should be allowed
to vote since he won the election. Trustee Donohue responded since the county
registrar has not officially certified the election results, this was not permissible
and that Trustee-elect Montemayor was aware of this requirement.
PUBLIC COMMENTS ON Patricia Sanchez, student, submitted a student petition with over 400 signatures,
spoke in support of the Academic Learning Center and urged the Board to
OPEN SESSION ITEMS
consider maintaining or increasing services in the center.
Louise Ramirez, Ohlone/Costanoan-Esselen Nation, informed the Board their
intent of participating in the mural was to acknowledge the history of indigenous
people and their preference is that Hartnell College continues to educate students
with future art work such as the mural.
Dennis P. Bourque, student, requested the administration consider extending the
evening lab hours to a time that is not in conflict with other classes.
David Serena, Coalition, spoke in support of the Ohlone/Costanoan-Esselen
Nation, that the Board not forget the history of the indigenous people, and give
appropriate credit to the Native Americans and Californians.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 2 of 19
Adelina Vargas, student, stated the Academic Learning Center should continue
to exist at Hartnell College.
PRESENTATIONS
K-16 Bridge Program
Dr. Greg Peterson
Dr. Greg Peterson presented the K-16 Bridge Program. He reported that Chris
Piercy, program director, made a presentation at a recent School and College
Partnership meeting, and based on that presentation, 150 area high school
teachers, counselors, principals and superintendents are invited to the campus to
hear Chris Piercy speak about the K-16 Bridge Program. The presentation is
scheduled in Performing Arts 104 (Main Stage) from 1- 3 p.m. The goal of the
program is to increase the number of students transitioning to post-secondary
institutions by making the K-12 schools an active participant in the process. In
the Victor Valley district where this process has been used for six years, 96%
graduate high school and 100% engage in post-secondary education and/or
training.
Bond Oversight Committee
Damon Felice, Felice Consulting Services, presented an aerial view of the
proposed land swap between the college (Alisal Campus) and City of Salinas
(Municipal Airport), highlighting the specific area. In addition, he gave an
update on the college’s current construction projects. The aerial view and full
report can be found at:
http://www.hartnell.edu/board/packets/Mar_09_Packet.pdf.
BOARD’S GOALS FOR
THE COLLEGE
Accreditation
Finances
Communication
Accreditation: Dr. Helm reported the college submitted its third report to the
Accrediting Commission. This report will be followed by a special visit
sometime between now and the end of April. Dr. Helm reminded the Board that
the college must now have fully resolved all of the Commission’s concerns and
recommendations. She stated the visit is extremely critical because the team
will not only look at the report, but they will look to confirm what has been
stated in the report. The Commission will meet in early June and report their
findings to the college in late June. If the college passes this review, it will
move back to a normal reporting cycle in which the mid-term report is due
March 9, 2010. Dr. Helm acknowledged and thanked all those involved in
putting the report together.
Trustee Martinez thanked Dr. Helm for all of her work and he thanked everyone
for working together.
Finances: Dr. Helm reported more information will be available next month.
She stated the impact of the State’s decisions to delay reimbursements to JulyOctober may mean the college will be out of cash, including reserves by the end
of June. This evening, the administration is asking the Board to give the
authority to execute a TRANS; this will allow the college to borrow money
should it need to. Discussions on the budget, how to cut costs and continue
services are in process.
Communication: The Board continues to work with M. I. S. A. on their
communication and effectiveness.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 3 of 19
CONSENT ACTION
ITEMS
On a motion by Trustee Healy, seconded by Trustee Martinez, vote of 6-0, and
vote of Aye (Cortes), the Board approved Consent Action Items A, B, C, G, H, I,
K, L, and M.
Further discussion and/or
separate vote:
Pulled for further discussion and/or separate vote were Consent Action
Items: D (Freeman) and Consent Action Items: E, F, H., L, N, O.
(Martinez)
Item J withdrawn from
Consent Action Agenda
Consent Action Item J, Acknowledge a Bid and Award a Contract to DMC
Construction, lowest responsive bidder for the Northeast Landscape
Project was withdrawn from the Consent Action Agenda and Dr. Helm
stated the item would return in April.
On a motion by Trustee Freeman, seconded by Trustee Gonzalez-Castro,
vote of 6-0, and vote of Aye (Cortes), the Board approved Consent Action
Item D.
On a motion by Trustee Rice, seconded by Trustee Healy, vote of 6-0, and
vote of Aye (Cortes), the Board approved Consent Action Items E, F, N,
and O.
A. MINUTES
Approved the Minutes of February 3, 2009.
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.
C. NON-CASH
DONATIONS
Accepted non-cash donations from the Hartnell College Foundation.
D. MURAL PROPOSAL
Approved the final proposal to commission sculpture of William Hartnell and
Maria de la Guerra. Individual donors, including some of the Hartnell
descendants, have contributed restricted funds specifically for this project. No
general funds will be used.
E. AMENDED MOU –
SUHSD - Career
Technical/Collaborative
Project
Approved an amendment to the Memorandum of Understanding (MOU) for the
Career Technical Education Community Collaborative project between Hartnell
College and Salinas Union High School District. The amended amount of the
MOU is $275,000 for the high school out of the total grant award of $375,000.
F. AGREEMENTFACILITIES
PLANNING
Approved an Extension to an Agreement with Facilities Planning and
Consulting Services effective March 11, 2009 to March 10, 2010. The amount
of the agreement will not exceed $10,000 and will be paid from Measure H
funds to support the FUSION Reporting process required by the State.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 4 of 19
G. CONTRACT C3
ENGINEERING
Approved the Contract with C3 Engineering for the preparation of civil design,
topographic and utility surveys for the science center project. The term of the
contract is March 11, 2009 to March 10, 2014, with a 30-day written termination
clause. The amount will not exceed $50,000 and will be paid from Measure H
funds.
H. LEASE AGREEMENT
USDA – ALISAL
CAMPUS
Approved the Lease Agreement Renewal with USDA for 1.58 acres of Alisal
Campus farmland. The term of the agreement is April 1, 2009 to March 31,
2010 with a three-month written termination clause for an annual fee of $1 and
up to $10,000 to reimburse the college to relocate the waterline.
I. DELEGATE
AUTHORITY TO
SUPERINTENDENT
TO ENTER INTO
AGREEMENT
Delegated to the Superintendent/President the authority to enter into a contract
with the Lewis Center for Educational Research and a Memorandum of
Understanding with both the Lewis Center for Educational Research and
schools in the district.
J. AWARD BID AND
CONTRACT FOR NE
LANDSCAPE
PROJECT
This item was withdrawn from the consent action agenda and will be brought
back later.
K. EXCLUSIVE
BEVERAGE
SUPPLIER
Acknowledged Pepsi Bottling Group as the most responsive bidder and direct
the administration to develop a contract for approval at the April meeting.
L. UNIVERSAL
PROTECTION
SERVICE – #2
Approved an amendment to the Agreement between Universal Protection
Services and Hartnell College for additional security patrol services, an increase
of $34,507 annually.
M. FACILITIES USE
AGREEMENT –
MCOE - Head Start
Ratified a Facility Use Agreement with the Monterey County Office of
Education for use of the Head Start facility effective January 19, 2009 to June 1,
2009. There is no cost for use of these facilities.
N. RESPONSE FROM
GRAND JURY
Approved draft response from Grand Jury regarding Measure H Bond.
O. PERSONNEL
ACTIONS
Approved and/or ratified personnel actions. (Appendix A)
ACTION ITEMS
A. BUDGET REVISIONS On a motion by Trustee Healy, seconded by Trustee Martinez, roll-call vote of
6-0, and vote of Aye (Cortes), the Board approved budget revisions numbered
8065 to 8139.
B. ADOPTED
RESOLUTION 09:1
TRANS
On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, roll-call
vote of 6-0, and vote of Aye (Cortes), the Board adopted Resolution 09:1, Tax
and Revenue Anticipation Notes for 2008-2009.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 5 of 19
C. ADOPTED
RESOLUTION 09:2
ENROLLMENT
REPORT
On a motion by Trustee Gonzalez-Castro, seconded by Trustee Rice, roll-call
vote of 6-0, and vote of Aye (Cortes), the Board adopted Resolution 09:2,
Affidavit to Support Enrollment Report.
D. ADOPTED
RESOLUTION 09:3
BOARD
COMPENSATION
On a motion by Trustee Gonzalez-Castro, seconded by Trustee Martinez, rollcall vote of 3-2-0, the Board adopted Resolution 09:3, Compensation of a
Board Member (Freeman).
Ayes: Donohue, Gonzalez-Castro, Martinez
No: Healy, Rice
Recused: Freeman
Abstained: Cortes (Advisory)
E. CONFLICT OF
INTEREST CODE
On a motion by Trustee Gonzalez-Castro, seconded by Trustee Martinez, rollcall vote of 6-0, and vote of Aye (Cortes), the Board acknowledged the end of
the 45-day public comment period and approved finalizing the proposed
Conflict of Interest Code to be submitted to the Fair Political Practice
Commission. This item updates the administrative titles resulting from the
reorganization.
INFORMATION ITEMS
FINANCIAL
STATEMENTS
The Board received the Financial Statements for period ending January 31, 2009.
ACCREDITATION
PROGRESS REPORT
Dr. Helm previously reported on Accreditation under Board’s Goals for the
College. She stated that the final document is on the college’s website.
www.hartnell.edu/accreditation.
RECOGNITION OF
SOCIETY OF PHYSICS
STUDENTS
Dr. Pimol Moth, Faculty, Rodrigo Sanchez, President, Physics Club, and Joshua
Ferroni, Secretary, Physics Club, were present and received national recognition
as an Outstanding Society of Physics Students Chapter for the 2007-2008 year.
Dr. Moth stated Dr. Brooke Haag, Physics faculty, could not be present this
evening and commended Dr. Haag for all of her work with the Physics Program.
The students announced two events this spring, Family Science and Health Day
on April 25 and their annual egg-dropping event scheduled April 30.
RECOGNITION OF
MATSUI FOUNDATION
Dr. Helm announced that the Matsui Foundation will award two $20,000
scholarships to Hartnell College students who complete their lower division and
transfer to a four-year university. The Matsui Foundation has been granting
scholarships to local high schools since 2004. In 2008, the Foundation expanded
to Hartnell College. Nominations will be accepted until March 25, 2009. Dr.
Helm recognized the Matsui Foundation for their commitment and dedication to
our community.
EARLY RETIREMENT
INCENTIVES
Peter Calvert, Faculty Chief Negotiator, read aloud a letter of HCFA’s intent to
enter into negotiations with the District to discuss early retirement incentives for
2008-09.
Margie Wiebusch, read aloud a letter dated February 24, submitted to Dr. Helm
of CSEA’s intent to add early retirement incentives to their list of topics for
negotiations.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 6 of 19
Interim HR Director, Terri Pyer stated L-39 has submitted their letter of intent to
negotiate early retirement incentives.
SENATE REPORTS
Student Senate: Sandra Fernandez, Senator, reported the Senate is pleased with
Irene Haneta, their new advisor; that the Senate is being reconstructed with new
positions and responsibilities; that events are being scheduled for St. Patrick’s
Day, Cinco de Mayo, and that the new mascot has been approved.
Classified Senate: Langston Johnson, Interim President, announced the Senate is
planning a retreat to rewrite bylaws to reflect the reorganization; that there is
discussion on ways to increase membership and training; and members will rotate
attendance at Board meetings.
Academic Senate: Dr. Kelly Locke announced the Senate adopted the
Accreditation Report at an earlier meeting this afternoon. Committee updates
included Distance Education, Tenure Review, and Full-time Faculty Hiring. A
committee to review the outcomes of the Digital Bridge Academy has been
formed and will meet with the faculty who are teaching a cohort this spring.
Trustee Donohue thanked the Tenure Review Committee for their diligence and
hard work.
BOARD COMMUNICATION
Distinguished
Alumnus/Alumna Award
Trustee Donohue announced the Board received four nominations for the
Distinguished Alumnus/Alumna Award. A subcommittee of Trustees Cortes,
Gonzalez-Castro and Healy has been formed to review and make a
recommendation to the Board in April.
Trustee Gonzalez-Castro
Trustee Gonzalez-Castro encouraged everyone to attend the Family and Health
Science Day scheduled on April 25; she announced the first ever non-credit
English course for adults at Bardin School starts March 16 and she thanked Liz
Estrella and Maria DeLeon for their work in this effort; that she attended a
conference on healthy eating in Sacramento, and she invited everyone to attend
an event to be held at the Western Stage, Los Hijos del Quintos Sol from the
Alisal Center for Fine Arts in May—date to be announced.
Trustee Donohue
Trustee Donohue announced she attended an organizational meeting for the
Monterey County School Board Association. The organization has planned an
April 30 meeting and training opportunity for all trustees. In preparation for their
annual elections, the California Community Colleges Trustees has distributed
application materials on candidates. Trustee Donohue asked that Trustees review
the applications; this item will be on April’s agenda.
Trustee Freeman
Trustee Freeman stated he is proud of the Physics students. He stated he learned
that retired adjunct, Ben Turner had a stroke; that he would like Hartnell College
do what it can for our veterans coming home, and he read aloud the college’s
mission statement.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 7 of 19
FUTURE AGENDA ITEMS None
ADJOURNMENT
On a motion by Trustee Healy, seconded by Trustee Rice, vote of 6-0, and vote
of Aye (Cortes), the Board adjourned the meeting at 8:10 p.m.
NEXT MEETING
The next regular Board of Trustees Meeting is scheduled on April 14, 2009,
5:00 p.m., King City Education Center, 117 North Second Street, King City.
Patricia Donohue
Board of Trustees President
HCCD –REGULAR MEETING – MARCH 10, 2009
Phoebe K. Helm
Board Secretary
Page 8 of 19
Appendix A
THE FOLLOWING PERSONNEL ACTIONS WERE APPROVED AND/OR RATIFIED AT THE
MARCH 10, 2009 BOARD MEETING:
I.
Request to hire Short-Term employees
A. Approve Short-Term Staffing Request:
1. Counseling Data Technician, $13.92/hr, Counseling Department, to finish up data entry
during reorganization of Student Affairs. CSEA was consulted on this request and
concurs.
II. Retirements, Resignations, Releases and Leave Requests
A. Ratify release of probationary personnel:
1.
Aidee Wilke, Financial Aid Technician (#CC-103), Financial Aid Department, per
HCCD agreement with CSEA, Chapter 470, Article 20, Section I, effective February 12,
2009.
III. Appointments
A. Ratify appointment of part-time instructors for Spring Semester 2009:
1.
Guy Agrati, Nursing
2.
Patrizia Ahlers, Psychology
3.
Gerardo Aleu, Mathematics
4.
Tom Alejo, Auto Collision Repair
5.
John Anderson, Construction. Appointment based on equivalency as follows: Licensed
contractor; 20 + years as President of Woodman Development Co.; production
expertise, as well as all areas of general contracting; numerous continuing education
hours in construction.
6.
Sharon Anderson, Counseling
7.
Wendy K. Angel, Art
8.
Jeff A. Arquero, Nursing. Appointment based on equivalency as follows: Paramedic
license together with seven years’ experience as a paramedic.
9.
Paul Aschenbrenner, Counseling
10.
Zar Aslam, Political Science
11.
Juliet Atkins, Nursing
12.
Tammie Attaway, Psychology
13.
Ed Barber, Physical Education
14.
Michelle M. Beagle, Animal Health Technology
15.
Daniel Beavers, Mathematics
16.
Emilia Benavente, Physical Education
17.
Hillary J. Bennett, Computer Science & Information Systems
18.
Laura Berger, Library Instruction
19.
Virginia Bieger, Chemistry
20.
Barbara Bielas, Nursing
21.
Ronald S. Bird, Chemistry
22.
Olga Blomgren, English
23.
Natalia Bonilla, Agriculture
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 9 of 19
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
Bridget C. Book, Speech. Appointment based on equivalency as follows:
36 + graduate units in mass communication programs (Chico and SJSU), BA in French
Literature and Anthropology, combined with teaching experience.
Chris Boyles, Physical Education
Elsa Brisson, Family & Consumer Studies
Catherine M. Bruno, Psychology
Susanne I. Burns, Theatre Arts
Fernando Cabrera, Spanish
Karen Cameron, Nursing
Juan J. Campos, Business and Computer Science & Information Systems
Mike Cappetti, Construction
Liz Cecchi-Ewing, Library Instruction
Chante Davis, Biology
Carlos R. Chavez, Counseling
Sung H. Choi, Psychology
Nicole Crais, Physical Education
Heather L. Crimson, Psychology
Allison C. Clark, Psychology
Jenny Cogswell, English
Philip M. Collins, Music
Cecil T. Costilow, English
Stephen K. Crowell, Philosophy
Jesus Cuevas, Physical Education
Gloria Curtis, Library Instruction
Catherine R. Dacosta, Mathematics
Michael DeArmond, Construction
Joe DeRuosi, English
Jovita Dominguez, Nursing
Javier Dorantes-Rivera, Auto Collision Repair and Welding
Thu Mong Duong, Library Instruction
Linda Edlund, Anthropology
Warren Edmonds, Computer Science & Information Systems
Matthew Escover, Political Science
Christina M. Esparza, Economics
Katera Estrada-Rutledge, Administration of Justice
Sewan Fan, Physics
William M. Faulkner, Music
Rebecca Fields, Biology
Marilu Flores, Spanish
Susan E. Fujimoto, English as a Second Language
Renee Gaskill, English
Fawn Gibson, Political Science
Wayne H. Gibson, Real Estate
Rich Givens, Physical Education
Angela M. Gleason, Art
Marvin Goldstein, Physical Education
Crystal Y. Gonzalez, Chemistry
Jose S. Gonzalez, English
John S. Goodrich, Dance
Richard Gray, Administration of Justice
Fay M. Griffin, Mathematics
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 10 of 19
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
Marv Grim, Physical Education
John L. Guenther, Mathematics
Wanda Guibert, English
Anthony M. Gutierrez, Administration of Justice
Mary D. Gustus, Nursing
Paula M. Haro, Dance
Katherine E. Harris, Biology
Robin R. Hayes, Biology
Philip M. Henderson, Astronomy
Pat Henrickson, Early Childhood Education
Jeffrey T. Heyer, Theatre Arts
John S. Himelright, Philosophy
Sera T. Hirasuna, English
Michael Hooper, English
Chris S. Houston, English
Jonathan P. Hubbard, Biology
Carolyn L. Jensen, Mathematics
Robin A. Jensen, History
Phaedra Jessen, Oceanography
Ruben Jimenez, Spanish
Aaron Johnson, Construction
Anthony Johnson, Business
Brian F. Johnson, English
Pamela J. Johnson, Physical Education
John Jones, Drafting
Calvin K. Kanow, Art
Daniel M. Kaplan, Biology
John Karnofel, Agriculture
William B. Kauffman, Biology
Deborah Kempson Thompson, English
Jeffrey S. Kessler, Psychology
David C. Kopp, English
John D. Koza, Music
Kara L. Kuvakas, Geography. Appointment based on equivalency as follows: A
combination of undergraduate and graduate coursework in environmental sciences.
Harvey Landa, Theatre Arts
Sylvia Langland, Family & Consumer Studies
William Laughton, Administration of Justice
Christopher Lavorato, Administration of Justice
Sam Lavorato Jr., Administration of Justice
Kathleen Leonard, English
Jeffrey D. Lewis, Political Science
Vince Lewis, DSPS Counseling
Paula P. Lin, Biology. Appointment based on equivalency as follows: Undergraduate
degree in Conservation biology and 30 graduate level units in Biology.
Adam H. Littig, Mathematics
Anne M. Lopez, Administration of Justice
Patricia A. Lopez, Counseling
Suzzane Mansager, English
Gina M. Martinez, Speech
Orin Marvel, Mathematics
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 11 of 19
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
149.
150.
151.
152.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
163.
164.
165.
166.
167.
168.
169.
170.
Pat McCarty, Physical Education
John McCormick, Administration of Justice
Patty McEfee, Business
Jeff J. McGrath, Theatre Arts
Rosalinda McNamara, Library Instruction
Roberto E. Melendez, English
Ann Merville, Anthropology
Erika H. Mininni, English
Jose Moncada, Construction
Glenda A. Mora, English
Victor Morales, Auto Collision Repair
Salvador Munoz, Construction
Pamela S. Murakami, Art
William Musselman, Auto Collision Repair
Martin Need, English
Andrew C. Richardson, Biology
Juan Oliverez, History
Samuel J. Pacheco, History
Jennifer Pagliaro, Art
Martha Pantoja, Counseling
Alberto Paredes, Auto Collision Repair
Michael Parker, Administration of Justice
Nicholas M. Pasculli, Agriculture
Gerardo Perez, Computer Science & Information Systems
Marie Perucca-Ramirez, English as a Second Language
Ayaz S. Pirani, English
Linda Plummer, Library Instruction
Tito F. Polo, Engineering. Appointment based on equivalency as follows: BS in
Electrical Engineering, 9 graduate level units in Electrical Engineering, and 4 years’
experience in Electronics Industry.
Victor A. Pongo, Agriculture
Raylene M. Potter, Mathematics
Merry J. Pratt, Psychology
Shawn Y. Quiane, French
Elizabeth Ramirez, Counseling
Lawrence Raneses, Mathematics
Catalina E. Reyes, Biology
Sylvia Rios, Art
Mark Roberts, English
Larry Robinson, Auto Collision Repair
Vicki A. Robison, History
Carlos Rodriguez, Psychology
Erlinda Rodriguez, Nursing
Everett Rodriguez, Physical Education
Wendy R. Roscher, English
Tammi Ross, Physical Education
Bonnie E. Roy, English
Sean N. Ryan, English
Rachel A. Sage, Animal Health Technology
Toshio Sakai, Japanese
Phyllis A. Sanchez, Psychology
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 12 of 19
171.
172.
173.
174.
175.
176.
177.
178.
179.
180.
181.
182.
183.
184.
185.
186.
187.
188.
189.
190.
191.
192.
193.
194.
195.
196.
197.
198.
199.
200.
201.
202.
203.
204.
205.
206.
207.
208.
209.
210.
211.
Kimie A. Sasaki, Dance and Physical Education. PE appointment based on equivalency
as follows: Kinesiology and nutrition background; teacher training in Yoga and body
work movements.
Keith Sashegyi, Mathematics
Soad N. Sedrak, Chemistry
Sean Senechal, Biology
Criselia G. Serrano, Spanish
Steve Seymour, Physical Education
Barry S. Sheppy, Spanish
Mark C. Shilstone, Speech
Sung Tack Shin, Mathematics. Appointment based on equivalency as follows: Graduate
and undergraduate coursework in development and transfer level math leading to his
Ph.D. in Nuclear Engineering.
Mehrdokht Shirvanee, Mathematics
Steven Shore, History
David A. Sorensen, Mathematics
Alicia A. Steindhardt, Biology
Anne E. Steinhardt, English
Paula Stoddard, Early Childhood Education
Eric P. Strayer, Sociology
Milena Strong, Nursing
Deborah Sturt, Speech. Appointment based on equivalency as follows: 20+ graduate
level units in Education that are appropriate in Speech/Communications; Bachelor of
Arts in Communication/Speech and in Theater and Dance.
Patricia T. Sullivan, Art and Photography. Photography appointment is based on
equivalency as follows: undergraduate coursework in design and visual arts, as well as
19 graduate level units in Fine Arts.
Muhammad F. Syed, English as a Second Language
Amy G. Taketomo, Chemistry
Afshin Tiraie, Mathematics
Benjamin Tiscareno, Drafting
Mary Ann Toney, Physical Education
Jorge Rodriguez Torres, Business
Jose Trujillo, Administration of Justice and Business
Paula Tyler, Physical Education
Senorina Vazquez, Mathematics. Appointment based on equivalency as follows:
undergraduate degree and 27 upper division and graduate level units in Mathematics.
Cheryl Victorino, English as a Second Language
Marissa Viens, Animal Health Technology
Leticia Villegas, Spanish
Tracy S. Villanueva, Nursing
Galina Vinokurov, Music
Jonathan H. Walsh, Biology. Appointment based on equivalency as follows: Bachelor's
degree in Biology with 51 upper division and graduate level units in the discipline.
Andrew K. Washburn, Mathematics
Lynda Washington, Health Education
Jamie Weiler, Physical Education
Carolyne West, Physical Education
Dana J. Weston, Psychology
Nancy C. Wheat, Biology
Mike Wheeler, Drafting
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 13 of 19
212.
213.
214.
215.
216.
217.
218.
219.
220.
221.
222.
Prince Williams, Physical Education
Robin M. Williams, Music
Theo Windham, Physical Education
Karen D. Wisdom, English
Neil E. Withers, Mathematics. Appointment based on equivalency as follows:
undergraduate degree in mathematics and appropriate graduate level coursework; 30+
units in the discipline.
Kim M. Yalda, Education
Katy Yamamoto, Real Estate
Daphne S. Young, English
Chris Zepeda, Physical Education
Emily Zuniga, Counseling
Adrian M. Zytkoskee, English and English as a Second Language
B. Ratify appointment of part-time donated instructors for Spring Semester 2009:
1. Joseph Baxter, Apprenticeship
2. Shirley Gutierrez, Nursing
3. Dennis Ihnot, Apprenticeship
4. Jimmie R. Moore, Apprenticeship
5. Mark D. Rosas, Apprenticeship
6. John Silveira, Nursing
7. Derek Webster, Apprenticeship
8. Rita Whiteford, Nursing
C. Ratify appointment of Professional Experts:
1. Samantha Barnthouse, $500, to provide lecture and to develop materials for faculty for a
pilot project for the Biology department for Title V, September 26, 2008 to February 10,
2009.
2. Lisa Marie Barratta, $300/mo, to provide musical accompaniment for The Western Stage,
November 29, 2008 to December 21, 2008.
3. Gwen Bousquet, $500, to provide lecture and to develop materials for faculty for a pilot
project for the Biology department for Title V, September 26, 2008 to February 10, 2009.
4. Susanne Burns, $750/mo, to provide coordination and facilitation of students and young
audience programs for The Western Stage, February 1, 2009 to April 30, 2009.
5. Erica Colburn, $500, to provide lecture and to develop materials for faculty for a pilot
project for the Biology department for Title V, September 26, 2008 to February 10, 2009.
6. Jeff Gallagher, $1200/mo, to provide musical accompaniment for My Fair Lady for The
Western Stage, November 29, 2008 to December 21, 2008.
7. Claudia Guillen Esparza, $1300/mo, to create and implement support for first year high
school students for GEAR UP/Soledad, October 15, 2008 to December 15, 2008.
8. Valeria Jacuinde, $500, to provide lecture and to develop materials for faculty for a pilot
project for the Biology department for Title V, September 26, 2008 to February 10, 2009.
9. Denise Jaime, $1300/mo, to create and implement support for first year high school
students for GEAR UP/Soledad, October 15, 2008 to December 15, 2008.
10. Pedro Jaramillo, $500, to provide lecture and to develop materials for faculty for a pilot
project for the Biology department for Title V, September 26, 2008 to February 10, 2009.
11. Harvey Landa, $825/mo, to provide publicity, customer relations, and front house services
for The Western Stage, February 1, 2009 to April 30, 2009.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 14 of 19
12. Adrienne Lara Hazel, $1300/mo, to create and implement support for first year high
school students for GEAR UP/Soledad, October 15, 2008 to December 15, 2008.
13. Jeff McGrath, $1100/mo, to provide coordination and facilitation of pre-season & 2009
subscription season scheduling, recruitment, and production for The Western Stage,
February 1, 2009 to April 30, 2009.
14. Jane Orzel, $20/hr, to provide musical accompaniment for the two day choirs for the
Music department, November 11, 2008 to December 19, 2008.
15. Frances Lucina Ramirez, $25/hr, to provide assistance to instructor with course HES
110A-6185 and student blood draws for course HES 110B-6279 for the Nursing
department, January 26, 2009 to June 30, 2009.
16. James C. Russell, $2100/mo, to provide facilitation of production support for TWS
SpringFest projects and for pre-season recruitment and planning for The Western Stage,
February 1, 2009 to June 30, 2009.
17. Alejandra Sanchez, 15.73/hr, to provide cashier services during registration period,
January 26, 2009 to January 30, 2009.
18. Emmy Sanchez, $500, to provide lecture and to develop materials for faculty for a pilot
project for the Biology department for Title V, September 26, 2008 to February 10, 2009.
19. Maryl Tadman, $500, to provide lecture and to develop materials for faculty for a pilot
project for the Biology department for Title V, September 26, 2008 to February 10, 2009.
20. Karina Young, $14.42/hr, to provide assistance to English faculty with developing
supplemental learning activities for English 253, and to compile data for the Academic
Learning Center, January 5, 2009 to June 4, 2009.
D. Ratify appointment of student workers for Spring Semester 2009:
1.
Fernando Acosta, Child Development Center, Student Worker III
2.
Jessica Acosta, Child Development Center, Student Worker I
3.
Joseph Acosta, Developmental Education, Student Worker II
4.
Virginia Aguillon, Developmental Education, Student Worker II
5.
Raquel Aguirre, Cafeteria, Student Worker I
6.
Erika Alfaro, Cafeteria, Student Worker I
7.
Vera Amador Rodriguez, Child Development Center, Student Worker III
8.
Justin Andrade, MESA/Math & Science, Student Worker III
9.
Maria Andrade, EOPS, Student Worker II
10. Thales Araujo, Advancement & Development Office, Student Worker I
11. Yesmin Arevalo, Developmental Education, Student Worker II
12. Norma Armenta, Child Development Center, Student Worker I
13. Samantha Barnthouse, Developmental Education, Student Worker II
14. Deonna Barth, Math & Science, Student Worker I
15. Deonna Barth, Developmental Education, Student Worker I
16. Britanny Batalla, Library/CCRAA Grant, Student Worker I
17. Brittany Batalla, Library/Media, Student Worker I
18. Isaac Benavidez, Developmental Education, Student Worker II
19. Gwendaline Bousquet, Developmental Education, Student Worker II
20. Thomas Brown, MESA/Math & Science, Student Worker III
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 15 of 19
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
Tara Burns, Assessment Center, Student Worker II
Elizabeth Butler, Admissions & Records, Student Worker I
Elida Campos, Child Development Center, Student Worker II
Susana Chavez, Child Development Center, Student Worker III
Jennifer Contreras, Child Development Center, Student Worker I
Tian Ning Bao, Developmental Education, Student Worker II
Grace Centeno, MESA/Math & Science, Student Worker III
Luciano Cerritos, MESA/Math & Science, Student Worker II
Danyell Chavez, East Salinas GEAR UP Grant, Student Worker III
Marisela Chavez, Financial Aid/Scholarship Office, Student Worker II
Susana Chavez, Child Development Center, Student Worker III
Erica Colburn, Developmental Education, Student Worker II
David Collins, EOPS, Student Worker II
Maria Dagnino, Child Development Center, Student Worker III
Yesenia De La Torre, Financial Aid Office, Student Worker III
Ramona Delgado, High School Equivalency Program, Student Worker I
Esther Diaz-Duarte, Developmental Education, Student Worker II
Arlene Diazleal, Human Resources/EEO, Student Worker I
Tania Enriquez, Child Development Center, Student Worker I
Yesenia Escamila Santiago, Child Development Center, Student Worker III
Leilani Escobar, Career & Transfer Center, Student Worker II
Fekita Feki, Physical Education, Student Worker I
Joshua Ferroni, MESA/Math & Science, Student Worker IV
Jacqueline Frias, Financial Aid Office, Student Worker III
Timothy Fuller, Developmental Education, Student Worker II
Paul Fuller, MESA/Math & Science, Student Worker III
Paul Fuller, Developmental Education, Student Worker II
Janette Flores, Child Development Center, Student Worker I
Brandon Foster, Information Systems, Student Worker III
Nancy Galindo, Cafeteria, Student Worker I
Jose Garcia-Mora, Developmental Education, Student Worker II
Mayo Goldman, Cafeteria, Student Worker I
Felisha Gomez, Child Development Center, Student Worker I
Gerardo Gonzalez, East Salinas GEAR UP Grant, Student Worker III
Katia Gonzalez, MESA/Math & Science, Student Worker III
Adriana Guerrero, Cafeteria, Student Worker I
Maria Guerrero, High School Equivalency Program, Student Worker II
Galdino Guijosa, Information Systems, Student Worker III
Tina Hall, TRIO Student Support Services Program, Student Worker I
Anabel Hernandez, Child Development Center, Student Worker I
Jessica Hernandez, EOPS, Student Worker II
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 16 of 19
62.
Juana Hernandez Mandujano, Child Development Center, Student
Worker III
63. Leidy Hernandez, Developmental Education, Student Worker II
64. Maria Hernandez, Developmental Education, Student Worker II
65. Victor Hernandez, Developmental Education, Student Worker I
66. Deisy Jacuinde Caballero, Child Development Center, Student Worker I
67. Miriam Juarez, Admissions & Records, Student Worker I
68. Pyeongsug Kim, Math & Science/Biology, Student Worker IV
69. Pyeongsug Kim, Developmental Education, Student Worker IV
70. Juan Ledesma, MESA/Math & Science, Student Worker III
71. Pedro Lara, Cafeteria, Student Worker I
72. Monica Lara, Child Development Center, Student Worker I
73. Juan Ledesman, Developmental Education, Student Worker II
74. Celestre Lopez, Career & Transfer Center, Student Worker II
75. Robert Luna, Information Systems, Student Worker III
76. Robert Luna, Child Development Center, Student Worker I
77. Yuriana Magana, Child Development Center, Student Worker IV
78. Elizabeth Manzo, Child Development Center, Student Worker III
79. Ignacio Maravilla, MESA/Math & Science, Student Worker III
80. Eunice Mares, King City Education Center, Student Worker III
81. Adriana Marquez, East Salinas GEAR UP Grant, Student Worker II
82. Christina Marquez, Admissions & Records, Student Worker I
83. Marlene Marquez, Child Development Center, Student Worker I
84. Elizabeth Martin, East Salinas GEAR UP Grant, Student Worker III
85. Deleynna Martinez, MESA/Math & Science, Student Worker II
86. Tamkeen Mattu, MESA/Math & Science, Student Worker IV
87. Nelida Medrano, Child Development Center, Student Worker II
88. Yesenia Mendez, Developmental Education, Student Worker II
89. Michael Mifsud, Cafeteria, Student Worker I
90. Vanessa Montano, TRIO Student Support Services Program, Student Worker I
91. Juan Montes, Developmental Education, Student Worker II
92. Monica Navarro, Cafeteria, Student Worker I
93. Dinhtruong Nguyenduong, Information Systems, Student Worker III
94. Magdalena Nowosielska, Chemistry/Math & Science, Student Worker IV
95. Adan Ochoa, MESA/Math & Science, Student Worker II
96. Milagros Ochoa Mata, Child Development Center, Student Worker III
97. Isaac Pardo, Financial Aid Office, Student Worker III
98. Diana Palacios, Reprographics, Student Worker I
99. Diana Palacios, Career & Economic Development, Student Worker III
100. Monica Palomo, MESA/Math & Science, Student Worker IV
101. Mihir Patel, Developmental Education, Student Worker II
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 17 of 19
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
Rohit Patel, Cafeteria, Student Worker I
Maria Rosario Pedraza de Avalos, Child Development Center, Student Worker II
Nancy Pinedo, Developmental Education, Student Worker II
Jose Quezada, MESA/Math & Science, Student Worker III
Maria Rosario Pedraza de Avalos, Child Development Center, Student Worker II
Crispin Puga, Developmental Education, Student Worker II
Maria Ramirez de Sandoval, Child Development Center, Student Worker III
Maria Victoria Raya Martinez, Child Development Center, Student
Worker III
Mark Rebolledo, Library/Audio Visual, Student Worker IV
Marina Rico, Library/Circulation, Student Worker I
Miriam Rios, Cafeteria, Student Worker I
Kyle Ritchie, Library/Media, Student Worker II
Cindia Rizo, Human Resources/EEO, Student Worker I
Esmeralda Rodriguez, Cafeteria, Student Worker I
Melissa Rojas, Developmental Education, Student Worker II
Adrian Salinas, Cafeteria, Student Worker I
Abraham Sanchez, Human Resources, Student Worker I
Rodrigo Sanchez, MESA/Math & Science, Student Worker IV
Stacy Sanchez, SUMS & SMI / Math & Science, Student Worker II
Katrina Savala, Developmental Education, Student Worker I
Christina Savala, Developmental Education, Student Worker III
Riqui Schwamm, MESA/Math & Science, Student Worker III
Rosa Servin, Developmental Education, Student Worker II
Christian Silvia, Developmental Education, Student Worker II
Leon Sobeslavsky, Physical Education, Student Worker I
Erica Soler, Child Development Center, Student Worker I
Marland Steeples, Reprographics, Student Worker I
Ryo Tanaka, Developmental Education, Student Worker II
Anabel Trujillo, EOPS, Student Worker II
Jose Valiente, Library/Circulation, Student Worker I
Esther Vargas, Developmental Education, Student Worker I
Raquel Vargas, Child Development Center, Student Worker I
Mayra Verduzco, EOPS, Student Worker II
Samantha Villafuerte, Math & Science/Chemistry, Student Worker I
Sarah Weaghington, Information Systems, Student Worker IV
Matthew Willis, Physical Education, Student Worker I
Hilario Yanez, Library/Circulation, Student Worker I
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 18 of 19
IV. Special Projects and Stipends
A. Ratify special project agreement payments:
1. Karen Carmon, $49.76 per hour not to exceed $1,792.08, to coordinate the phlebotomy
program to comply with new regulations in the state of California for the MLT program,
May 5, 2008 to December 19, 2008.
2. Ko Cooper, $8,000, for redesign of the agriculture mechanics shop at the Alisal Campus to
a “state of the art” facility, October 1, 2008 – January 23, 2009.
3. Mary Cousineau, $59.07 per hour not to exceed 23.5 hours, for Fall 2008 coordination of
out-rotation experiences for the Nursing 121 students, September 18, 2008- December 12,
2008.
4. Margaret Mayfield, $1,500, for development of the first four modules of a digitized video
or online multimedia instructional orientation for the information competency program,
June 9, 2008 – October 17, 2008.
5. Pimol Moth, $2,460.30, for closing out the CIPA grant, as the co-principal investigator for
the grant program, January 6, 2009-February 20, 2009.
6. Jerri Nemiro, $1,500, for the development of a digital media program in the sciences
including one pilot project, October 24, 2008 – January 1, 2009.
7. Tracy S. Villanueva, $47.86 per hour, to build the Emergency Medical Technician (HES
53) program manual for approval of Monterey County for the Nursing department,
October 11, 2008 to November 1, 2008.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 19 of 19
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Ratify Disbursements of District
Accounts
Number:
Area:
Office of Support Operations
Supplement OSO-3
Prepared by: Barbara Yesnosky
Status:
Consent Action
V. B.
Recommended Action:
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; SelfInsurance; Retirees’ Health Benefits; Associated Student Body; Scholarship, Loan, and Trust;
and Intercollegiate Athletics
DATE
2/04/09
2/11/09
2/18/09
2/25/09
Subtotal
WARRANT NUMBER
12694882
12694952
12695758
12695860
12697020
12697097
12698537
12698644
NO OF
WARRANTS
71
103
78
108
AMOUNT
$1,848,619.53
$621,564.92
$384,947.34
1,222,028.34
$4,077,160.13
Note: Legal fees in above summary total $51,274.20
CHECKING ACCOUNTS
General Fund Revolving
DATE
2/09
Subtotal
Total
Budget Implications:
None
WARRANT NUMBER
10087
10088
NO OF
WARRANTS
2
AMOUNT
$5,821.58
$5,821.58
$4,082,981.71
AGENDA ITEM FOR BOARD MEETING OF:
Title:
April 14, 2009
Number:
Approve Agreement with Alpert/McKee
Company, Consultant for Hispanic Serving
Institution Title V Grant Writing Services
V. C.
Area:
Status:
Educational Technology and Library Services
Prepared by: Gary Hughes
Consent Action
Recommended Action:
That the Board of Trustees approves the Memorandum of Understanding and Work Agreement
with Alpert/McKee Company for writing a Hispanic Serving Institution (HSI) Title V grant.
Summary:
For the past 17 years, Alpert/McKee Company has been utilized by the College to provide
grant writing and grant evaluation services. This company has been instrumental in securing
for the College approximately 14 million dollars in Department of Education Gear-up and Title
V grant funds. Alpert/McKee Company has also been used for the yearly evaluation of our
existing Title V and CCRAA grants.
Approval of this new Agreement will enlist Alpert/McKee Company in the College’s effort to
submit a new five year individual Title V grant request valued at 2.5 million. Their services
will include reviewing documents and regulations; collecting data; consulting and meeting with
college staff about projects and organization of the grant proposal; reviewing and preparing
budgets; making recommendations on projects and/or their design; and preparing, assembling
the grant proposals for submission and in the formal submission of the grant to the Department
of Education.
Term:
2009 – 2114
Budget Implications:
There is no cost unless grant is funded. If funded, cost will be 6% of awarded funds in years
one and two, 5% in year three and 4% in years four and five.
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Approve the Contract with The Pepsi
Bottling Group, as Exclusive Beverage
Supplier
Number:
Area:
Office of Support Operations
Supplement OSO-4
Prepared by: Barbara Yesnosky
Status:
Consent Action
V. D.
Recommended Action:
That the Board of Trustees approve the contract with The Pepsi Bottling Group, as exclusive
beverage supplier.
Summary:
Administration issued a Request for Proposal for Exclusive Beverage Supplier. Administration
reviewed three bids on February 25, 2009. At its March 10, 2009 meeting, the Board of
Trustees approved allowing the Administration to enter into contract negotiations with The
Pepsi Bottling Group as exclusive beverage supplier. Administration negotiated a three-year
contract that will provide the best pricing structure for our consumers/students.
Budget Implications:
Yearly revenue for this contract will be approximately $22,000. Cost savings, as a result of
having an exclusive contract, will approximate $16,000 per year. Also included in the
agreement is a yearly donation of $1,700 worth of product and an annual sponsorship fee of
$4,000. All revenue will accrue to the cafeteria fund, fund 52.
AGENDA ITEM FOR BOARD MEETING OF:
Title:
April 14, 2009
Number:
Approve an Agreement with
Brightroom Inc. for Individual Graduate
Photographs
V. E.
Area:
Status:
Office of Student Affairs/Athletics
Prepared by: Dr. Greg Peterson
Consent Action
Recommended Action:
That the Board of Trustees approves an agreement with Brightroom, Inc. for individual 2009
graduate photographs.
Summary:
On the evening of graduation, individual graduates will have their photograph taken while
receiving their diploma, as well as, have the option to take a diploma-posed photograph either
before or after they receive their diploma. The individual graduates will have the option to
purchase their photo(s). Brightroom, the professional event photographer, agrees to donate
15% of the gross proceeds from photo and product sales to the college for the Associated
Students of Hartnell College. The students will use the funds to support their clubs and
activities.
In addition, Brightroom agrees to provide complimentary event photographs from any of those
taken at graduation for the use on the college’s website or in future public relations, brochures,
advertising, or other non-commercial purposes.
Terms of Agreement:
Commencement – June 4, 2009
Budget Implications:
None in that the costs are paid by individual students, the incentive funds (% of sales) serve as
income for student activities and clubs.
AGENDA ITEM FOR BOARD MEETING OF: April 14, 2009
Title:
Approve an Agreement Between Monterey
County Probation Department and Hartnell
College for Voluntary Fitness Incentive
Program
Number:
Area:
Student Affairs & Athletics
Prepared By: Dr. Greg Peterson
Status:
V. F.
Consent Action
Recommended Action:
That the Board of Trustees approves an agreement with the County of Monterey Probation
Department, Voluntary Fitness Incentive Program from April 15, 2009 – August 1, 2009.
Summary:
The County of Monterey, Probation Department offers a Voluntary Fitness Incentive Program
for its employees and contracts with Hartnell College to provide that service. Hartnell College
Physical Education faculty administers the test, provide fitness results and give guidelines for
maintaining or improving fitness levels. During the testing process, the participants receive
information about physical fitness and wellness. The participants are provided supportive
materials and resources with regard to fitness, exercise and health.
Budget Implications:
Increase in revenue of up to $1,335.
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Approve Amendment #1 of Contract Between
Hartnell Community College District and the
Monterey Institute for Social Architecture
Number:
Area:
Office of Institutional Advancement
Prepared by: Beverly Grova
Status:
V. G.
Consent Action
Recommended Action:
That the Board of Trustees approves Amendment#1 to a contract between Hartnell Community
College District and the Monterey Institute for Social Architecture.
Summary:
In August, 2008 Michael Thomas, of the Monterey Institute for Social Architecture, began to
work with construction industry leaders and college representatives to assist with the
development of the Hartnell College Sustainable Construction Program, determining program
components, i.e., curriculum, instructors, industry resources, financial support, etc. Since that
time, the Hartnell College Center for Sustainable Construction has been established.
Term:
Extends the agreement from January 1, 2009 to June 30, 2009.
Budget Implications:
$10,000 per month to be paid from funds awarded from the Chancellor’s Office, Industry
Driven Regional Collaborative grant.
AGENDA ITEM FOR BOARD MEETING OF:
Title:
April 14, 2009
Number:
Ratify the Recommendations from the
Curriculum Committee
V. H.
Area:
Status:
Academic Affairs
Consent Action
Prepared by: Kathleen Rose
Recommended Action:
That the Board of Trustees ratifies the recommendations from the Curriculum Committee.
Summary
49
2
4
1
9
Course Revisions
New Courses
Revised Degrees/Certificates
Course from Inactive Status
Courses to Inactive Status
Budget Implications:
None
GOVERNING BOARD MEETING
APRIL 14, 2009
CURRICULUM COMMITTEE ACTIONS
1.
COURSE REVISIONS
ADJ 4, Criminal Evidence
ADJ 5, Criminal Procedures
ADJ 33, Constitutional Law for Criminal Justice Professionals
AGR 3, Agriculture Enterprise Project
AGR 24, Agribusiness Management Project
AGR 49, Introduction to Agriculture Business
AGR 52, Sales and Service in Agribusiness
AGR 53, Agribusiness Economics
AGR 54, Agriculture Marketing
AGR 56, Introduction to Mechanized Agriculture
AGR 57, Agriculture Computer Applications
AGR 61, Pesticide Applicator Certification Training
AGR 63, Applied GPS Technology
AGR 64, Crop and Yield Monitoring
AGR 66, Introduction to Geographic Information
Systems (GIS)
AGR 71, Agricultural and Industrial Equipment
Operation
AGR 90, Soil Science
AGR 91, Agriculture Laws and Regulations
AGR 92, Plant Science
AGR 93, Product Processing and Cooling
AGR 94, Agricultural Machinery Management
AGR 96, Vegetable Crop Production
AGR 97, Vineyard Production and Management
AGR 98, Fertilizers and Plant Nutrition
AGR 99, Cooperative Work Experience
AGR 101, Organic Vegetable Production
AGR 102, Organic Field Production Methods
AGR 103, Agriculture Whole Farm Planning and
Recordkeeping For Small Farmers
AGR 104, Agriculture Business Development for
New Organic Farmers
AGR 105, Agriculture Marketing Opportunities
and Growth for Organic Farming
AGR 110, Careers in Agriculture and Technology
AGR 160, Introduction to Agriculture
AGR 166, Hazwoper – 40 hr training
AGR 169, Hazardous Materials and Industrial Safety
AGR 258, Agriculture Ambassadors
AGR 267, Hazwoper – 8 Hour Refresher Course
BIO 27, Principles of Microbiology
BUS 1A, Financial Accounting
BUS 1B, Managerial Accounting
TO
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ABT 94, Agriculture Enterprise Project
ABT 51, Agribusiness Management Project
ABT 49, Introduction to Agriculture Business
ABT 52, Sales and Service in Agribusiness
ABT 53, Agribusiness Economics
ABT 54, Agriculture Marketing
AIT 70, Introduction to Mechanized Agriculture
ABT 57, Agriculture Computer Applications
ABT 41, Pesticide Applicator Certification Training
AIT 67, Applied GPS Technology
AIT 68, Crop and Yield Monitoring
AIT 66, Introduction to Geographic Information
Systems (GIS)
AIT 71, Agricultural and Industrial Equipment
Operation
ABT 90, Soil Science
ABT 58, Agriculture Laws and Regulations
ABT 92, Plant Science
ABT 93, Product Processing and Cooling
AIT 75, Agricultural Machinery Management
ABT 96, Vegetable Crop Production
ABT 97, Vineyard Production and Management
ABT 98, Fertilizers and Plant Nutrition
ABT 99, Cooperative Work Experience
ABT 101, Organic Vegetable Production
ABT 102, Organic Field Production Methods
ABT 103, Agriculture Whole Farm Planning and
Recordkeeping For Small Farmers
ABT 104, Agriculture Business Development for
Organic Farmers
ABT 105, Agriculture Marketing Opportunities and
Growth for Organic Farming
ABT 110, Careers in Agriculture and Technology
ABT 160, Introduction to Agriculture
AIT 166, Hazwoper – 24 hr training
AIT 169, Hazardous Materials and Industrial Safety
ABT 258, Agriculture Ambassadors
AIT 267, Hazwoper – 8 Hour Refresher Course
GOVERNING BOARD MEETING – APRIL 14, 2009
CURRICULUM COMMITTEE ACTIONS
PAGE 2
1. COURSE REVISIONS (continued)
EGN 6, Introduction to Circuit Analysis
HED 2, Individual Health
MAT 24, Trigonometry
MAT 122, Plane Geometry
NRN 20, LVN-RN Transition
NRN 43, Nursing Theory III
NRN 43.1, Nursing Clinical III
NRN 43.2, Critical Thinking for Nurses III
NRN 43.3, Nursing Skills Lab III
PSY 14, Child Psychology
2. NEW COURSES
SCI 124, Sciences, Technology, Engineering and Mathematics (STEM)
PSY 30, Forensic Psychology
3.
REVISED DEGREES/CERTIFICATES
Administration of Justice, Correctional Science Degree
Administration of Justice, Criminal Justice Degree
Administration of Justice, Paralegal/Legal Assistantship Degree
Administration of Justice, Paralegal/Legal Assistantship Certificate
4.
COURSE FROM INACTIVE STATUS
ADJ 22, Correctional Interviewing and Counseling
5.
COURSES TO INACTIVE STATUS
ADJ 7, Internship in Criminal Justice
CSS 70, Graphic Design/Computer Graphics
CSS 72, Introduction to Multimedia
CSS 75, 3D Modeling for Digital Animation
CSS 77, Digital Video and Audio Editing and Production
CSS 80, Digital Photographic Imaging
CSS 85, Interactive Digital Media Interface Design
CSS 87, Web Authoring
PHO 80, Digital Photographic Imaging
AGENDA ITEM FOR BOARD MEETING OF:
Title:
April 14, 2009
Number:
Approve of Out-of-Country Travel for
2009 Boronda Study Group
V. I.
Area:
Status:
Office of Institutional Advancement
Prepared by: Beverly Grova
Consent Action
Recommended Action:
That the Board of Trustees approves 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.
Summary:
In 2009 the Sylvano and Maria Boronda International Study Program includes a two-week
study tour of Spain, June 5-20, 2009. As directed by the will of the donor, Lester D. Boronda,
the recipients of this scholarship are “Students of Unusual Promise in the Arts, namely,
Painting, Sculpture, Architecture, Literature, Drama, Music or Dance.” This year the group
will study under the direction of Dr. Carl Christensen, Hartnell College music instructor,
accompanied by Sylvia A. Rios, of the art faculty. Participants receive expenses for air travel
and ground transportation, lodging, and a meal allowance from the Boronda endowment.
Participants are currently completing a three-unit course in interdisciplinary Studies and will
complete requirements for a second course during their travels.
Highlights of their itinerary include a stay at the Madrid campus of St. Louis University with
lectures by guest scholars on the arts and history of Spain with trips to Cordoba, Seville and
Toledo to explore the rich artistic and architectural traditions that date back as far as the
Romans.
Budget Implications:
All costs are paid from the Boronda Scholarship Endowment through the Hartnell College
Foundation.
AGENDA ITEM FOR BOARD MEETING OF:
Title:
April 14, 2009
Number:
Approve of Out-of-Country Travel for
Interdisciplinary Studies Program
V. J.
Area:
Status:
Office of Institutional Advancement
Prepared by: Beverly Grova
Consent Action
Recommended Action:
That the Board of Trustees approves out-of-country travel for Gary Smith, faculty, 2009
Interdisciplinary Studies Program from June 5 through June 20, 2009.
Summary:
In the summer of 2009, the Interdisciplinary Studies Program will include a two-week study
program in Italy, June 5-20. The course will examine important works of art and architecture in
their historical context and contrast the relationship between works in their historical setting and
those now relocated to modern museum settings. The group will study under the direction of
Gary Smith, Hartnell College art instructor. Participants are responsible for all expenses
including air travel and ground transportation, lodging, admissions and meals. Participants will
complete requirements for a three-unit course during their travels.
Highlights of this itinerary include four days in Florence exploring art of the Middle Ages and
Renaissance followed by two days in Sienna with its unique tradition of architecture and
painting. The program then moves to Umbria with day trips to Orvieto, Arezzo, San Sepolcro,
Cotrona and Assisi to explore this region’s artistic traditions.
Budget Implications:
All costs are paid by the participants.
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Approve a Delay in Admission of Students
to the Animal Health Technology Program
Number:
Area:
Superintendent/President
Prepared by: Phoebe Helm
Status:
V. K.
Consent Action
Recommended Action:
The administration recommends that the Board of Trustees approve a delay in admission of
students to the Animal Health Technology Program in order to conduct a Program Review as
required by the Discontinuance Process.
Summary:
Students are typically admitted May 1st of each year, and thus, action is needed to delay this
process until a study has been completed. Low enrollment, low program completion and low
wages have plagued this program for some time. For example, 24 students have completed the
program since 2004 (five, eight, seven, and four respectively) and two are scheduled to
complete the program this year. Job placements in district are very limited and salaries are
low. In addition, program costs are increasing. In order to be accredited, the program will
need to add a full time veterinarian next year. Thus, the college needs to stop admission of
students to the program until the study is completed as required by the Discontinuance Process.
Students will be informed of the delay and current students will be provided a plan for
completing the program.
Budget Implications:
There should be no costs for conducting the study. The results of the study will be shared with
the Board and projections of program costs will be part of the study.
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Approve a Delay in Admitting Students to
the First Year of the Electronics Program
Number:
Area:
Superintendent/President
Prepared by: Phoebe Helm
Status:
V. L.
Consent Action
Recommended Action:
The administration recommends that the Board of Trustees approve a delay in admission of
students to the Electronics Program in order to conduct a Program Review as required by the
Discontinuance Process.
Summary:
The demand for electronics program graduates has diminished significantly in the past 10 or
more years. Enrollment and graduation rates at Hartnell reflect that national and local trend. In
fact, Hartnell College has graduated only five students with either a certificate or an Associate
Degree in Electronics Technology since 2003. Since this program does not require “special
admission” it is more difficult to determine the intent of the few students currently enrolled.
Thus, the administration will interview these students to determine how to best enable them to
meet their needs while the Program Review, as required by the Discontinuance Process is
conducted.
Budget Implications:
There should be no costs for conducting the study. The results of the study will be shared with
the Board.
AGENDA ITEM FOR BOARD MEETING OF: April 14, 2009
Title:
Number:
Approve and/or Ratify Personnel Actions
Area:
Human Resources & Equal Employment
Opportunity
V. M.
Status:
Consent Action
Recommended Action:
Approve and/or ratify personnel actions as listed below.
Summary:
Approval of:
2 full-time tenure track faculty positions
1 release of regular CSEA employee due to layoff
1 release of regular supervisory employee due to layoff
Ratification of:
1 retirement of regular personnel to revise effective date
2 appointments to interim management positions
22 part-time faculty hires for spring semester 2009
2 part-time donated faculty hires for spring semester 2009
1 short-term employee hire
2 substitute employee hires
22 professional expert hires
26 student worker hires for spring semester 2009
15 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. 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.
AGENDA ITEM FOR BOARD MEETING OF: April 14, 2009
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
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
AGENDA ITEM FOR BOARD MEETING OF: April 14, 2009
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.
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.
AGENDA ITEM FOR BOARD MEETING OF: April 14, 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.
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
AGENDA ITEM FOR BOARD MEETING OF: April 14, 2009
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
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,
AGENDA ITEM FOR BOARD MEETING OF: April 14, 2009
assisting instructors with creating and revising curriculum through
CurricUNET, and advising on predetermined curriculum, August 18, 2008December 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, 2008December 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,
2008-October 29, 2008, grant funded.
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.
Budget Implications:
Funds for the above personnel actions are included in the 2008/09 Budget.
ACTION ITEMS
AGENDA ITEM FOR BOARD MEETING OF:
Title:
April 14, 2009
Number:
Reject all bids from the March 6, 2009 Hartnell
College Northeast Landscape Project
VI. A.
Area:
Status:
Facilities
Prepared by: Gary Hughes
Action
Recommended Action:
That the Board of Trustees rejects all bids received on March 6, 2009 for the Northeast
Landscape Project.
Summary:
The Hartnell College bid documents state that the District’s Board of Trustees will render a
final determination and disposition of a bid protest by taking action to adopt, modify or reject
the disposition of a bid protest as reflected in the written statement of the District’s
Superintendent/President, or his/her designee. There are currently two separate protests on this
project, one by Sansei Landscape and one by the Carpenters Union.
Budget Implications:
No Budget Implications
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Acknowledge and Award Contract for the
Hartnell College Northeast Landscape
Project
Number:
Area:
Facilities
Prepared by: Gary Hughes
Status:
Action
VI. B.
Recommended Action:
That the Board of Trustees acknowledges and awards the contract to Monterey Peninsula
Engineering, the lowest responsive bidder for the Northeast Landscape Project.
Summary:
The Hartnell College NE Landscape Project consists of the work located at the corner of
Homestead and Central between the Learning Resource Center (Library) and CALL Building.
The scope of work includes hardscape, landscaping, lighting and City of Salinas sidewalk,
curb, and gutter. This process involved advertising in the Salinas Californian and in Central
Coast Builders Exchanges. The College held two mandatory job walks to familiarize
contractors with the project location and scope. General Contractor bids were opened on
Monday, April 6, 2009.
There were a total of nine (9) bidders on this project:
Scope
GC
GC
GC
GC
GC
GC
GC
GC
GC
Company
MPE
Perma Green
Bothman
Don Chapin
McGuire & Hester
Granite Construction
Beebe
Sanchez
Blossom Valley
Location
Marina, CA
Gilroy, CA
San Jose, CA
Salinas, CA
Oakland, CA
Watsonville, CA
Sacramento, CA
Hollister, CA
San Jose, CA
Total ($)
$1,233,000
$1,244,000
$1,278,970
$1,369,369
$1,403,400
$1,427,127
$1,440,000
$1,450,000
NR
Budget Implications:
The budget for the above referenced contract is $1,233,000 and will be paid with Measure H
funds.
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Ratify Budget Revisions
Number:
VI. C.
Area:
Office of Support Operations
Supplement OSO-2
Prepared by: Barbara Yesnosky
Status:
Action (Roll-call)
Recommended Action:
That the Board of Trustees ratifies Budget Revisions numbered 8140 to 8206.
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 increased by $141,023 due to increased revenue to
programs and/or to new programs.
The Restricted General Fund budget increased by $119,438 due to increased revenue to
programs and/or to new programs.
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Adopt Resolution No. 09:4 for Tax &
Revenue Anticipation Notes (TRANs) for
2009-2010
Number:
Area:
Office of Support Operations
Supplement OSO-5
Prepared by: Barbara Yesnosky
Status:
Action (Roll call)
VI. D.
Recommended Action:
That the Board of Trustees adopts the Tax & Revenue Anticipation Notes (TRANs) Resolution
2009-2010 to authorize borrowing and participating in the Community College League of
California Tax & Revenue Anticipation Notes Program.
Summary:
Tax & Revenue Anticipation Notes are issued by the District to provide for cash flow needs.
The administration requests approval of this 2009-2010 TRANs to give the District authority to
borrow.
Budget Implications:
The interest rate is expected to be less than 2% per annum. The actual cost will depend upon
the timing of the draws and repayments.
OSO-5
HARTNELL COMMUNITY COLLEGE DISTRICT RESOLUTION
NUMBER 09:4
RESOLUTION AUTHORIZING AND APPROVING THE BORROWING
OF FUNDS FOR FISCAL YEAR 2009-2010; THE ISSUANCE AND SALE
OF A 2009-2010 TAX AND REVENUE ANTICIPATION NOTE
THEREFORE AND PARTICIPATION IN THE COMMUNITY COLLEGE
LEAGUE OF CALIFORNIA TAX AND REVENUE ANTICIPATION
NOTES PROGRAM
WHEREAS, local agencies are authorized by Section 53850 to 53858, both
inclusive, of the Government Code of the State of California (the “Act”) (being Article 7.6,
Chapter 4, Part 1, Division 2, Title 5 of the Government Code) to borrow money by the issuance
of temporary notes;
WHEREAS, the Board of Trustees (the “Legislative Body”) of the community
college district specified in Section 23 hereof (the “District”) has determined that a sum (the
“Principal Amount”), not to exceed the Maximum Amount of Borrowing specified in Section 23
hereof, which Principal Amount is to be confirmed and set in the Pricing Confirmation (as
defined in Section 4 hereof), is needed for the requirements of the District, to satisfy obligations
of the District, and that it is necessary that said Principal Amount be borrowed for such purpose
at this time by the issuance of a note or notes therefore in anticipation of the receipt of taxes,
income, revenue, cash receipts and other moneys to be received by the District for the general
fund of the District attributable to its fiscal year ending June 30, 2010 (“Repayment Fiscal
Year”);
WHEREAS, the District hereby determines to borrow, for the purposes set forth
above, the Principal Amount by the issuance of the Note (defined herein), in one or more series,
on either a tax-exempt or taxable basis, as hereinafter defined;
WHEREAS, because the District does not have fiscal accountability status
pursuant to Section 85266 of the Education Code of the State of California, it requests the Board
of Supervisors of the County to borrow, on the District’s behalf, the Principal Amount by the
issuance of the Note;
WHEREAS, pursuant to Section 53853 of the Act, if the Board of Supervisors of
the County fails or refuses to authorize the issuance of the Note within the time period specified
in said Section 53853, following receipt of this Resolution, and the Note is issued in conjunction
with tax and revenue anticipation notes, in one or more series, of other Issuers (as hereinafter
defined), the District may issue the Note in its name pursuant to the terms stated herein;
WHEREAS, it appears, and this Legislative Body hereby finds and determines,
that the Principal Amount, when added to the interest payable thereon, does not exceed
eighty-five percent (85%) of the estimated amount of the uncollected taxes, income, revenue
(including, but not limited to, revenue from the state and federal governments), cash receipts and
DOCSSF/71572v2/022944-0024
other moneys of the District attributable to the Repayment Fiscal Year, and available for the
payment of the principal of the Note and the interest thereon;
WHEREAS, no money has heretofore been borrowed by or on behalf of the
District through the issuance of tax and revenue anticipation notes or temporary notes in
anticipation of the receipt of, or payable from or secured by, taxes, income, revenue, cash
receipts or other moneys for the Repayment Fiscal Year;
WHEREAS, pursuant to Section 53856 of the Act, certain moneys which will be
received by the District during and attributable to the Repayment Fiscal Year can be pledged for
the payment of the principal of the Note and the interest thereon (as hereinafter provided);
WHEREAS, the District has determined that it is in the best interests of the
District to participate in the Community College League of California Tax and Revenue
Anticipation Note Program (the “Program”), whereby participating local agencies (collectively,
the “Issuers”) will simultaneously issue tax and revenue anticipation notes;
WHEREAS, the District desires to have its Note (defined herein) marketed
together with some or all of the notes issued by the Issuers participating in the Program;
WHEREAS, RBC Capital Markets Corporation, as underwriter or placement
agent, appointed in Section 21 hereof (the “Underwriter”), will structure one or more pools of
notes or series of note participations (referred to herein as the “Note Participations”, the “Series”
and/or the “Series of Note Participations”) distinguished by (i) whether and what type(s) of
Credit Instrument (as hereinafter defined) secures notes comprising each Series by the principal
amounts of the notes assigned to the Pool, (ii) whether interest on the Series of Note
Participations is a fixed rate of interest or a variable rate of interest swapped to a fixed rate, (iii)
whether interest on the Series of Note Participations is includable in gross income for federal
income tax purposes, or (iv) other factors, all of which the District hereby authorizes the
Underwriter to determine;
WHEREAS, the Program requires the Issuers participating in any particular
Series to deposit their tax and revenue anticipation notes with a trustee, pursuant to a trust
agreement (the “Trust Agreement”) among such Issuers, the District, the California Community
College Financing Authority (the “Authority”) and Wells Fargo Bank, National Association, as
trustee (the “Trustee”);
WHEREAS, the Trust Agreement provides, among other things, that for the
benefit of Owners of Note Participations, that the District shall provide notices of the occurrence
of certain enumerated events, if deemed by the District to be material.
WHEREAS, the Program requires the Trustee, pursuant to the Trust Agreement,
to execute and deliver the Note Participations evidencing and representing proportionate,
undivided interests in the payments of principal of and interest on the tax and revenue
anticipation notes issued by the Issuers comprising such Series;
2
DOCSSF/71572v2/022944-0024
WHEREAS, the District desires to have the Trustee execute and deliver a Series
of Note Participations which evidence and represent interests of the owners thereof in the Note
and the Notes issued by other Issuers in such Series;
WHEREAS, as additional security for the owners of the Note Participations, all
or a portion of the payments by all of the Issuers of their respective notes may or may not be
secured either by an irrevocable letter (or letters) of credit or policy (or policies) of insurance or
other credit instrument (or instruments) (collectively, the “Credit Instrument”) issued by the
credit provider or credit providers designated in the Trust Agreement, as finally executed
(collectively, the “Credit Provider”), which may be issued pursuant to a credit agreement or
agreements or commitment letter or letters designated in the Trust Agreement (collectively, the
“Credit Agreement”) between the Issuers and the respective Credit Provider;
WHEREAS, in the event that a Credit Instrument is unavailable, the District has
determined that it is desirable to authorize a portion of the premium or proceeds received from
the sale of the Note to be deposited, along with the moneys received from the sale of Notes of
other Issuers, into a reserve account to be held by the Trustee pursuant to the Trust Agreement
and for the benefit of Owners of the Note Participations;
WHEREAS, the net proceeds of the Note may be invested by the District in
Permitted Investments (as defined in the Trust Agreement) or in any other investment permitted
by the laws of the State of California, as now in effect and as hereafter amended, modified or
supplemented from time to time;
WHEREAS, the Program requires that each participating Issuer approve the
Trust Agreement and the alternative Credit Instruments, if any, in substantially the forms
presented to the Legislative Body, or, in the case of the Credit Instruments, if any, and if not
presented, in a form which complies with such requirements and standards as may be determined
by the Legislative Body, with the final form and type of Credit Instrument and corresponding
Credit Agreement, if any, determined upon execution by the Authorized Representative of the
Pricing Confirmation;
WHEREAS, pursuant to the Program each participating Issuer will be
responsible for its share of (a) the fees of the Trustee and the costs of issuing the applicable
Series of Note Participations, and (b), if applicable, the fees of the Credit Provider, the Issuer's
allocable share of all Predefault Obligations and the Issuer's Reimbursement Obligations, if any
(each as defined in the Trust Agreement);
WHEREAS, pursuant to the Program, the Note and the Notes issued by other
Issuers participating in the same Series (all as evidenced and represented by a Series of Note
Participations) will be offered for public sale or private placement through negotiation with the
Underwriter pursuant to the terms and provisions of a purchase agreement or comparable
placement agent agreement, as applicable (collectively, the “Purchase Agreement”);
WHEREAS, the District has determined that, in order to reduce interest costs, it
may be desirable to enter into one or more interest rate swaps; and
3
DOCSSF/71572v2/022944-0024
WHEREAS, it is necessary to engage the services of certain professionals to
assist the District in its participation in the Program;
NOW, THEREFORE, this Legislative Body hereby finds, determines, declares
and resolves as follows:
Section 1. Recitals. This Legislative Body hereby finds and determines that all
the above recitals are true and correct.
Section 2. Authorization of Issuance. This Legislative Body hereby determines
to borrow solely for the purpose of anticipating taxes, income, revenue, cash receipts and other
moneys to be received by the District for the general fund of the District attributable to the
Repayment Fiscal Year, by the issuance of one or more series of taxable or tax-exempt note or
notes in the aggregate Principal Amount under Sections 53850 et seq. of the Act, designated the
District’s “2009 Tax and Revenue Anticipation Note,” with an appropriate series designation if
more than one note is issued (collectively, the “Note”), to be issued in the form of a fully
registered note or notes in the Principal Amount thereof, to be dated the date of its delivery to the
initial purchaser thereof, to mature (without option of prior redemption) not more than 13 months
thereafter on a date indicated on the face thereof and determined in the Pricing Confirmation (the
“Maturity Date”), and to bear interest, payable on its Maturity Date (and if the Maturity Date is
more than 12 months from the date of issuance, payable on the interim interest payment date set
forth in the Pricing Confirmation) and computed upon the basis of a 360-day year consisting of
twelve 30-day months, or a 365 or 366 day year, as the case may be, and actual days elapsed, at a
rate or rates, if more than one Note is issued, not to exceed 12% per annum as determined in the
Pricing Confirmation and indicated on the face of the Note (the “Note Rate”). If the Note as
evidenced and represented by the Series of Note Participations is secured in whole or in part by a
Credit Instrument or such Credit Instrument secures the Note in whole or in part and all principal
of and interest on the Note is not paid in full at maturity or if payment of principal and/or interest
on the Note is paid (in whole or in part) by a draw under, payment by or claim upon a Credit
Instrument which draw or claim is not fully reimbursed on such date, such Note shall become a
Defaulted Note (as defined in the Trust Agreement), and the unpaid portion thereof (including
the interest component, if applicable, or the portion thereof with respect to which a Credit
Instrument applies for which reimbursement on a draw, payment or claim has not been fully
made) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the
Default Rate (as defined in the Trust Agreement). If the Note as evidenced and represented by
the Series of Note Participations is unsecured in whole or in part and the Note is not fully paid at
maturity, the unpaid portion thereof (or the portion thereof to which no Credit Instrument applies
which is unpaid) shall be deemed outstanding and shall continue to bear interest thereafter until
paid at the Default Rate. In each case set forth in the preceding two sentences, the obligation of
the District with respect to such Defaulted Note or unpaid Note shall not be a debt or liability of
the District prohibited by Article XVI, Section 18 of the California Constitution and the District
shall not be liable thereon except to the extent of any available revenues attributable to the
Repayment Fiscal Year, as provided in Section 8 hereof.
The percentage of the Note as evidenced and represented by the Series of Note
Participations to which a Credit Instrument, if any, applies (the “Secured Percentage”) shall be
equal to the amount of the Credit Instrument divided by the aggregate amount of unpaid
4
DOCSSF/71572v2/022944-0024
principal of and interest on notes (or portions thereof) of all Issuers of Notes comprising such
Series of Note Participations, expressed as a percentage (but not greater than 100%) as of the
maturity date. Both the principal of and interest on the Note shall be payable in lawful money of
the United States of America, but only upon surrender thereof, at the corporate trust office of
Wells Fargo Bank, National Association in Los Angeles, California.
The Note shall be issued in conjunction with the note or notes of one or more
other Issuers as part of the Program and within the meaning of Section 53853 of the Act.
Anything in this Resolution to the contrary notwithstanding, the Pricing
Confirmation may specify that a portion of the authorized Principal Amount of the Note shall be
issued as a separate series of taxable Note the interest on which is includable in the gross income
of the holder thereof for federal income tax purposes (a “Taxable Note”). In such event, the
Taxable Note shall be issued with an appropriate series designation and other terms reflecting
such taxability of interest income, including without limitation, a taxable Note Rate and a taxable
Default Rate; the terms of the Note, and other terms as appropriate, shall be deemed to include or
refer to such Taxable Note; and the agreements, covenants and provisions set forth in this
Resolution to be performed by or on behalf of the District shall be for the equal and
proportionate benefit, security and protection of the holder of any Note without preference,
priority or distinction as to security or otherwise of any Note over any other Note.
In the event the Board of Supervisors of the County fails or refuses to authorize
the issuance of the Note within the time period specified in Section 53853 of the Act, following
receipt of this Resolution, this Board hereby authorizes issuance of such Note, in the District’s
name, in one series, pursuant to the terms stated in this Section 2 and this Resolution. The Note
shall be issued in conjunction with the note or notes of one or more other Issuers as part of the
Program and within the meaning of Section 53853 of the Act.
Section 3. Form of Note. The Note shall be issued in fully registered form
without coupons and shall be substantially in the form and substance set forth in Exhibit A, as
attached hereto and by reference incorporated herein, the blanks in said form to be filled in with
appropriate words and figures to be inserted or determined at or prior to the execution and
delivery of the Note.
Section 4. Sale of Note; Delegation. The Note as evidenced and represented by
the Note Participations shall be sold to the Underwriter or other purchaser pursuant to the terms
and provisions of the Purchase Agreement. The form of the Purchase Agreement, including the
form of the Pricing Confirmation set forth as an exhibit thereto (the “Pricing Confirmation”),
presented to this meeting is hereby approved. The authorized representatives set forth in Section
23 hereof, or a designated deputy thereof (the “Authorized Representatives”), each alone, are
hereby authorized and directed to execute and deliver the Purchase Agreement in substantially
said form, with such changes thereto as such Authorized Representative shall approve, such
approval to be conclusively evidenced by his or her execution and delivery thereof; provided,
however, that the Note Rate shall not exceed 12% per annum, and that the District's pro rata
share of Underwriter's discount on the Note, when added to the District's share of the costs of
issuance of the Note Participations, shall not exceed 1.0% of the Principal Amount of the Note
and the Principal Amount shall not exceed the Maximum Amount of Borrowing. Delivery of an
5
DOCSSF/71572v2/022944-0024
executed copy of the Pricing Confirmation by fax or telecopy shall be deemed effective
execution and delivery for all purposes.
Section 5. Program Approval. The Note shall be combined with notes of other
Issuers into a Series as set forth in the Preliminary Official Statement, hereinafter mentioned, and
shall be sold simultaneously with such other notes of that Series supported by the Credit
Instrument (if any) referred to in the Pricing Confirmation, and shall be evidenced and
represented by the Note Participations which shall evidence and represent proportionate,
undivided interests in the Note in the proportion that the face amount of the Note bears to the
total aggregate face amount of the Note and the notes issued by other Issuers which the Series of
Note Participations represent. Such Note Participations may be delivered in book-entry form.
The forms of Trust Agreement and alternative general types and forms of Credit
Agreements, if any, presented to this meeting are hereby approved, and the Authorized
Representatives, each alone, are hereby authorized and directed to execute and deliver the Trust
Agreement and a Credit Agreement, if applicable, which shall be identified in the Pricing
Confirmation, in substantially one or more of said forms (a substantially final form of Credit
Agreement to be delivered to the Authorized Representative following the execution by such
Authorized Representative of the Pricing Confirmation), with such changes therein as said
Authorized Representative shall require or approve, such approval of this Legislative Body and
such Authorized Representative to be conclusively evidenced by the execution thereby of the
Trust Agreement and the Credit Agreement, if any. A description of this undertaking shall be set
forth in the Preliminary Official Statement and will also be set forth in the Final Official
Statement. The Authorized Representatives are hereby authorized and directed to comply with
and carry out all of the provisions of the Trust Agreement with respect to continuing disclosure;
provided however, that failure of the District to comply with the Continuing Disclosure
Agreement, as defined in Article 11 of the Trust Agreement, shall not be considered an Event of
Default hereunder. Any Credit Agreement identified in the Pricing Confirmation but not at this
time before the Legislative Body shall include reasonable and customary terms and provisions
relating to fees, increased costs of the Credit Provider payable by the District, negative and
affirmation covenants of the District and events of default.
The form of the Preliminary Official Statement presented to this meeting is
hereby approved, and the Underwriter is hereby authorized and directed to cause to be mailed to
prospective bidders the Preliminary Official Statement in connection with the offering and sale
of the Note Participations.
Any one of the Authorized Representatives of the District is hereby authorized
and directed to provide the Underwriter with such information relating to the District as they
shall reasonably request for inclusion in the Preliminary Official Statement and Official
Statement. Upon inclusion of the information relating to the District therein, the Preliminary
Official Statement is, except for certain omissions permitted by Rule 15c2-12 of the Securities
Exchange Act of 1934, as amended (the “Rule”), is hereby deemed final within the meaning of
the Rule; provided that no representation is made as to the information contained in the
Preliminary Official Statement relating to the other Issuers or any Credit Provider, if any. If, at
any time prior to the end of the underwriting period, as defined in the Rule, any event occurs as a
result of which the information contained in the Preliminary Official Statement relating to the
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District might include an untrue statement of a material fact or omit to state any material fact
necessary to make the statements therein, in light of the circumstances under which they were
made, not misleading, the District shall promptly notify the Underwriter. The Authority is
hereby authorized and directed, at or after the time of the sale of any Series of Note
Participations, for and in the name and on behalf of the District, to execute a final Official
Statement in substantially the form of the Preliminary Official Statement presented to this
meeting, with such additions thereto or changes therein as the Authority may approve, such
approval to be conclusively evidenced by the execution and delivery thereof.
The Trustee is authorized and directed to execute Note Participations on behalf of
the District pursuant to the terms and conditions set forth in the Trust Agreement, in the
aggregate principal amount specified in the Trust Agreement, and substantially in the form and
otherwise containing the provisions set forth in the form of the Note Participations contained in
the Trust Agreement. When so executed, the Note Participations shall be delivered by the
Trustee to the purchaser upon payment of the purchase price thereof, pursuant to the terms of the
Trust Agreement.
Subject to Section 8 hereof, the District hereby agrees that if the Note as
evidenced and represented by the Series of Note Participations shall become a Defaulted Note,
the unpaid portion (including the interest component, if applicable) thereof or the portion
(including the interest component, if applicable) to which a Credit Instrument applies for which
full reimbursement on a draw, payment or claim has not been made by the Maturity Date shall be
deemed outstanding and shall not be deemed to be paid until (i) any Credit Provider providing a
Credit Instrument with respect to the Series of Note Participations, and therefore, if applicable,
all or a portion of the District’s Note, if any, has been reimbursed for any drawings, payments or
claims made under or from the Credit Instrument with respect to the Note, including interest
accrued thereon, as provided therein and in the applicable Credit Agreement, and, (ii) the holders
of the Series of the Note Participations which evidence and represent the Note are paid the full
principal amount represented by the unsecured portion of the Note plus interest accrued thereon
(calculated at the Default Rate) to the date of deposit of such aggregate required amount with the
Trustee. For purposes of clause (ii) of the preceding sentence, holders of the Series of Note
Participations will be deemed to have received such principal amount upon deposit of such
moneys with the Trustee.
The District agrees to pay or cause to be paid, in addition to the amounts payable
under the Note, any fees or expenses of the Trustee and, to the extent permitted by law, if the
District’s Note as evidenced and represented by the Series of Note Participations is secured in
whole or in part by a Credit Instrument, any Predefault Obligations and Reimbursement
Obligations (to the extent not payable under the Note), (i) arising out of an “Event of Default”
hereunder (or pursuant to Section 7 hereof) or (ii) arising out of any other event (other than an
event arising solely as a result of or otherwise attributable to a default by any other Issuer). In
the case described in (ii) above with respect to Predefault Obligations, the District shall owe only
the percentage of such fees, expenses and Predefault Obligations equal to the ratio of the
principal amount of its Note over the aggregate principal amounts of all notes, including the
Note, of the Series of which the Note is a part, at the time of original issuance of such Series.
Such additional amounts will be paid by the District within twenty-five (25) days of receipt by
the District of a bill therefor from the Trustee.
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Section 6. No Joint Obligation; Owners’ Rights. The Note shall be marketed
and sold simultaneously with the notes of other Issuers and shall be aggregated and combined
with notes of other Issuers participating in the Program into a Series of taxable or tax-exempt
Note Participations evidencing and representing an interest in several, and not joint, obligations
of each Issuer. Except as provided in Section 7(C) herein, the obligation of the District to
Owners is a several and not a joint obligation and is strictly limited to the District’s repayment
obligation under this Resolution and the Note, as evidenced and represented by such Series of
Note Participations.
Owners of Note Participations, to the extent of their interest in the Note, shall be
treated as owners of the Note and shall be entitled to all the rights and security thereof; including
the right to enforce the obligations and covenants contained in this Resolution and the Note. The
District hereby recognizes the right of the Owners acting directly or through the Trustee to
enforce the obligations and covenants contained in the Note, this Resolution and the Trust
Agreement. The District shall be directly obligated to each Owner for the principal and interest
payments on the Note evidenced and represented by the Note Participations without any right of
counterclaim or offset arising out of any act or failure to act on the part of the Trustee.
Section 7. Disposition of Proceeds of Note.
(A)
The moneys received from the sale of the Note allocable to the District’s
share of the costs of issuance (which shall include any issuance fees in connection with a Credit
Instrument applicable to the Note, if any) shall be deposited in the Costs of Issuance Fund held
and invested by the Trustee under the Trust Agreement and expended on costs of issuance as
provided in the Trust Agreement.
(B)
The moneys received from the sale of the Note (net of the District’s share
of the costs of issuance) shall be deposited in the District’s Proceeds Subaccount within the
Proceeds Fund hereby authorized to be created pursuant to, and held and invested by the Trustee
under, the Trust Agreement for the District and said moneys may be used and expended by the
District for any purpose for which it is authorized to expend funds upon requisition from the
Proceeds Subaccount as specified in the Trust Agreement. Amounts in the Proceeds Subaccount
are hereby pledged to the payment of the Note.
The Trustee will not create subaccounts within the Proceeds Fund, but will keep
records to account separately for proceeds of the Note Participations allocable to the District’s
Note on deposit in the Proceeds Fund which shall constitute the District’s Proceeds Subaccount.
(C)
The District hereby authorizes a portion of the premium or proceeds
received from the sale of the Note (net of the District’s share of the costs of issuance) to be
deposited, together with moneys received from the sale of Notes of other Issuers, into a reserve
fund (the “Reserve Fund”), which is hereby authorized to be created pursuant to, and held and
invested by the Trustee under, the Trust Agreement for the benefit of Owners of the Note
Participations.
Section 8. Source of Payment. The principal amount of the Note, together with
the interest thereon, shall be payable from taxes, income, revenue (including, but not limited to,
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revenue from the state and federal governments), cash receipts and other moneys which are
received or held by the District for the general fund of the District and are attributable to the
Repayment Fiscal Year and which are available for payment thereof. As security for the
payment of the principal of and interest on the Note, the District hereby pledges certain
Unrestricted Revenues (as hereinafter provided, the “Pledged Revenues”) which are received or
held by the District for the general fund of the District and are attributable to the Repayment
Fiscal Year, and the principal of the Note and the interest thereon shall constitute a first lien and
charge thereon and shall be payable from the first moneys received by the District from such
Pledged Revenues, and, to the extent not so paid, shall be paid from any other taxes, income,
revenue, cash receipts and other moneys of the District lawfully available therefor (all as
provided for in Sections 53856 and 53857 of the Act). The term “Unrestricted Revenues” shall
mean all taxes, income, revenue (including, but not limited to, revenue from the state and federal
governments), cash receipts, and other moneys, intended as receipts for the general fund of the
District attributable to the Repayment Fiscal Year and which are generally available for the
payment of current expenses and other obligations of the District. The Noteholders, Owners and
Credit Provider shall have a first lien and charge on such Unrestricted Revenues as herein
provided which are received or held by the District and are attributable to the Repayment Fiscal
Year.
In order to effect the pledge referenced in the preceding paragraph, the District
hereby agrees and covenants to establish and maintain a special account within the District’s
general fund to be designated the “2009 Tax and Revenue Anticipation Note Payment Account”
(the “Payment Account”) and further agrees and covenants to maintain the Payment Account
until the payment of the principal of the Note and the interest thereon. Notwithstanding the
foregoing, if the District elects to have Note proceeds invested in Permitted Investments to be
held by the Trustee pursuant to the Pricing Confirmation, a subaccount of the Payment Account
(the “Payment Subaccount”) shall be established for the District under the Trust Agreement and
proceeds credited to such account shall be pledged to the payment of the Note. The Trustee need
not create a subaccount, but may keep a record to account separately for proceeds of the Note so
held and invested by the Trustee which record shall constitute the District’s Proceeds
Subaccount. Transfers from the Payment Subaccount shall be made in accordance with the Trust
Agreement. The District agrees to transfer to and deposit in the Payment Account the first
amounts received in the months specified in the Pricing Confirmation as Repayment Months
(each individual month a “Repayment Month” and collectively “Repayment Months”) (and any
amounts received thereafter attributable to Repayment Fiscal Year) until the amount on deposit
in the Payment Account, together with the amount, if any, on deposit in the Payment
Subaccount, and taking into consideration anticipated investment earnings thereon to be received
by the Maturity Date, is equal in the respective Repayment Months identified in the Pricing
Confirmation to the percentage of the principal and interest due on the Note specified in the
Pricing Confirmation. In making such transfer and deposit, the District shall not be required to
physically segregate the amounts to be transferred to and deposited in the Payment Account from
the District’s other general fund moneys, but, notwithstanding any commingling of funds for
investment or other purposes, the amounts required to be transferred to and deposited in the
Payment Account shall nevertheless be subject to the lien and charge created herein.
Any one of the Authorized Representatives of the District is hereby authorized to
approve the determination of the Repayment Months and percentages of the principal and
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interest due on the Note required to be on deposit in the Payment Account and/or the Payment
Subaccount in each Repayment Month, all as specified in the Pricing Confirmation, by executing
and delivering the Pricing Confirmation, such execution and delivery to be conclusive evidence
of approval by this Legislative Body and such Authorized Representative; provided, however,
that the maximum number of Repayment Months shall be six and the maximum amount of
Pledged Revenues required to be deposited in each Repayment Month shall not exceed fifty
percent (50%) of the aggregate principal and interest due on the Note. In the event on the day in
each such Repayment Month that a deposit to the Payment Account is required to be made, the
District has not received sufficient unrestricted revenues to permit the deposit into the Payment
Account of the full amount of Pledged Revenues to be deposited in the Payment Account from
said unrestricted revenues in said month, then the amount of any deficiency shall be satisfied and
made up from any other moneys of the District lawfully available for the payment of the
principal of the Note and the interest thereon, as and when such other moneys are received or are
otherwise legally available.
Any moneys placed in the Payment Account or the Payment Subaccount shall be
for the benefit of (i) the holder of the Note and the owner of the Note and (ii) (to the extent
provided in the Trust Agreement) the Credit Provider, if any. The moneys in the Payment
Account and the Payment Subaccount shall be applied only for the purposes for which such
Accounts are created until the principal of the Note and all interest thereon are paid or until
provision has been made for the payment of the principal of the Note at maturity with interest to
maturity (in accordance with the requirements for defeasance of the Note Participations as set
forth in the Trust Agreement) and, if applicable, (to the extent provided in the Trust Agreement
and, if applicable, the Credit Agreement) the payment of all Predefault Obligations and
Reimbursement Obligations owing to the Credit Provider.
The District hereby directs the Trustee to transfer on the Note Payment Deposit
Date (as defined in the Trust Agreement), any moneys in the Payment Subaccount to the Note
Participation Payment Fund (as defined in the Trust Agreement). In addition, on the Note
Payment Deposit Date, the moneys in the Payment Account shall be transferred by the District to
the Trustee, to the extent necessary (after crediting any transfer pursuant to the preceding
sentence), to pay the principal of and/or interest on the Note, to make payments to a Swap
Provider, if any, as defined in the Trust Agreement, pursuant to a Swap Agreement, if any, as
defined in the Trust Agreement, or to reimburse the Credit Provider for payments made under or
pursuant to the Credit Instrument. In the event that moneys in the Payment Account and/or the
Payment Subaccount are insufficient to pay the principal of and interest on the Note in full when
due, such moneys shall be applied in the following priority: first to pay interest on the Note;
second to pay principal of the Note; third to reimburse the Credit Provider for payment, if any, of
interest with respect to the Note; fourth to reimburse the Credit Provider for payment, if any, of
principal with respect to the Note; and fifth to pay any Reimbursement Obligations of the
District and any of the District’s pro rata share of Predefault Obligations owing to the Credit
Provider. Any moneys remaining in or accruing to the Payment Account and/or the Payment
Subaccount after the principal of the Note and the interest thereon and any Predefault
Obligations and Reimbursement Obligations, if applicable, have been paid, or provision for such
payment has been made, shall be transferred to the general fund of the District, subject to any
other disposition required by the Trust Agreement, or, if applicable, the Credit Agreement.
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Nothing herein shall be deemed to relieve the District from its obligation to pay its Note in full
on the Maturity Date.
Moneys in the Proceeds Subaccount and in the Payment Subaccount shall be
invested by the Trustee pursuant to the Trust Agreement as directed by the District in Permitted
Investments as described in and under the terms of the Trust Agreement. Any such investment
by the Trustee shall be for the account and risk of the District, and the District shall not be
deemed to be relieved of any of its obligations with respect to the Note, the Predefault
Obligations or Reimbursement Obligations, if any, by reason of such investment of the moneys
in its Proceeds Subaccount or the Payment Subaccount.
The District shall promptly file with the Trustee and the Credit Provider, if any,
such financial reports at the times and in the forms required by the Trust Agreement. At the
written request of the Credit Provider, if any, the District shall, within ten (10) Business Days
following the receipt of such written request, file such report or reports to evidence the transfer
to and deposit in the Payment Account required by this Section 8 and provide such additional
financial information as may be required by the Credit Provider, if any.
In the event either (A) the Principal Amount of the Note, together with the
aggregate amount of all tax-exempt obligations (including any tax-exempt leases, but excluding
private activity bonds), issued and reasonably expected to be issued by the District (and all
subordinate entities of the District) during the calendar year in which the Note is issued, will, at
the time of issuance of the Note (as indicated in the certificate of the District executed as of the
date of issuance of the Note (the “District Certificate”), exceed fifteen million dollars
($15,000,000), or (B) the Principal Amount of the Note, together with the aggregate amount of
all tax-exempt obligations not used to finance school construction (including any tax-exempt
leases, but excluding private activity bonds), issued and reasonably expected to be issued by the
District (and all subordinate entities of the District) during the calendar year in which the Note is
issued, will, at the time of issuance of the Note (as indicated in the District Certificate), exceed
five million dollars ($5,000,000), the following paragraph will apply. In such case, the District
shall be deemed a “Safe Harbor Issuer” with respect to the Note.
Amounts in the Proceeds Subaccount of the District and attributable to cash flow
borrowing shall be withdrawn and expended by the District for any purpose for which the
District is authorized to expend funds from the general fund of the District, but, with respect to
general fund expenditures, only to the extent that on the date of any withdrawal no other funds
are available for such purposes without legislation or judicial action or without a legislative,
judicial or contractual requirement that such funds be reimbursed. If on no date that is within six
months from the date of issuance of the Note, the balance in the related Proceeds Subaccount is
low enough so that the amounts in the Proceeds Subaccount qualify for an exception from the
rebate requirement (the “Rebate Requirements”) of Section 148 of the Internal Revenue Code of
1986 (the “Code”), the District shall notify the Trustee in writing and, to the extent of its power
and authority, comply with instructions from Stradling Yocca Carlson & Rauth, Special Counsel,
supplied to it by the Trustee as the means of satisfying the Rebate Requirements.
Section 9. Execution of Note; Registration and Transfer. Any one of the
Treasurer of the County, or, in the absence of said officer, his or her duly appointed assistant, the
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Chairperson of the Board of Supervisors of the County or the Auditor (or comparable financial
officer) of the County shall be authorized to execute the Note issued hereunder by manual or
facsimile signature and the Clerk of the Board of Supervisors of the County or any Deputy Clerk
shall be authorized to countersign the Note by manual or facsimile signature and to affix the seal
of the County to the Note either manually or by facsimile impression thereof. In the event the
Board of Supervisors of the County fails or refuses to authorize issuance of the Note as
referenced in Section 2 hereof, any one of the Authorized Representatives of the District or any
other officer designated by the Legislative Body shall be authorized to execute the Note by
manual or facsimile signature and the Secretary or Clerk of the Legislative Body of the District
or any duly appointed assistant thereto shall be authorized to countersign the Note by manual or
facsimile signature. Said officers of the District are hereby authorized to cause the blank spaces
of the Note to be filled in as may be appropriate pursuant to the Pricing Confirmation. Said
officers are hereby authorized and directed to cause the Trustee, as registrar and authenticating
agent, to accept delivery of the Note pursuant to the terms and conditions of the Purchase
Agreement and Trust Agreement. In case any officer whose signature shall appear on any Note
shall cease to be such officer before the delivery of such Note, such signature shall nevertheless
be valid and sufficient for all purposes, the same as if such officer had remained in office until
delivery. The Note need not bear the seal of the District, if any.
As long as the Note remains outstanding, the District shall maintain and keep at
the principal corporate trust office of the Trustee, books for the registration and transfer of the
Note. The Note shall initially be registered in the name of the Trustee as trustee under the Trust
Agreement. Upon surrender of the Note for transfer at the office of the Trustee with a written
instrument of transfer satisfactory to the Trustee, duly executed by the registered owner or its
duly authorized attorney, and upon payment of any tax, fee or other governmental charge
required to be paid with respect to such transfer, the County or the District, as applicable, shall
execute and the Trustee shall authenticate and deliver, in the name of the designated transferee, a
fully registered Note. For every transfer of the Note, the County, the District or the Trustee may
make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to
be paid with respect to the transfer, which sum or sums shall be paid by the person making such
transfer as a condition precedent to the exercise of the privilege of making such transfer.
Subject to Section 6 hereof, the County, the District and the Trustee and their
respective successors may deem and treat the person in whose name the Note is registered as the
absolute owner thereof for all purposes, and the County, the District and the Trustee and their
respective successors shall not be affected by any notice to the contrary, and payment of or on
account of the principal of such Note shall be made only to or upon the order of the registered
owner thereof. All such payments shall be valid and effectual to satisfy and discharge the
liability upon the Note to the extent of the sum or sums so paid.
The Note may, in accordance with its terms, be transferred upon the books
required to be kept by the Trustee pursuant to the provisions hereof by the person in whose name
it is registered, in person or by his duly authorized attorney, upon surrender of the Note for
cancellation, accompanied by delivery of a written instrument of transfer duly executed in form
approved by the Trustee.
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The Trustee will keep or cause to be kept, at its principal corporate trust office,
sufficient books for the registration and transfer of the Note, which shall be open to inspection by
the County and the District during regular business hours. Upon presentation for such purpose,
the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or
cause to be registered or transferred, on such books, the Note as hereinbefore provided.
If any Note shall become mutilated, the County or the District, as applicable, at
the expense of the registered owner of such Note, shall execute, and the Trustee shall thereupon
authenticate and deliver a new Note of like tenor and number in exchange and substitution for
the Note so mutilated, but only upon surrender to the Trustee of the Note so mutilated. Every
mutilated Note so surrendered to the Trustee shall be cancelled by it and delivered to, or upon the
order of the County or the District, as applicable. If any Note shall be lost, destroyed or stolen,
evidence of such loss, destruction or theft may be submitted to the County, the District and the
Trustee and, if such evidence be satisfactory to them and indemnity satisfactory to them shall be
given, the County or the District, as applicable, at the expense of the registered owner, shall
execute, and the Trustee shall thereupon authenticate and deliver a new Note of like tenor and
number in lieu of and in substitution for the Note so lost, destroyed or stolen (or if any such Note
shall have matured (as of the latest maturity date indicated on the face thereof) or shall be about
to mature (as of the latest maturity date indicated on the face thereof), instead of issuing a
substitute Note, the Trustee may pay the same without surrender thereof). The Trustee may
require payment of a sum not exceeding the actual cost of preparing each new Note issued
pursuant to this paragraph and of the expenses which may be incurred by the County or the
District applicable, and the Trustee in such preparation. Any Note issued under these provisions
in lieu of any Note alleged to be lost, destroyed or stolen shall constitute an original additional
contractual obligation on the part of the County (on behalf of the District) or on the part of the
District, as applicable, whether or not the Note so alleged to be lost, destroyed or stolen be at any
time enforceable by anyone, and shall be entitled to the benefits of this Resolution with all other
Notes secured by this Resolution.
Section 10. Representations and Covenants of the District.
The District makes the following representations for the benefit of the holder of
the note, the owners of the Note Participations and the Credit Provider, if any.
(A)
The District is duly organized and existing under and by virtue of the laws
of the State of California and has all necessary power and authority to (i) adopt this Resolution
and perform its obligations thereunder, (ii) enter into and perform its obligations under the
Purchase Agreement, and (iii) issue the Note and perform its obligations thereunder.
(B)
Upon the issuance of the Note, the District shall have taken all action
required to be taken by it to authorize the issuance and delivery of the Note and the performance
of its obligations thereunder, and the District has full legal right, power and authority to issue and
deliver the Note.
(C)
The issuance of the Note, the adoption of the Resolution and the execution
and delivery of the Purchase Agreement, Trust Agreement and Credit Agreement, if any, and
compliance with the provisions hereof and thereof will not conflict with or violate any law,
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administrative regulation, court decree, resolution, charter, by-laws or other agreement to which
the District is subject or by which it is bound.
(D)
Except as may be required under blue sky or other securities laws of any
state or Section 3(a)(2) of the Securities Act of 1933, there is no consent, approval, authorization
or other order of, or filing with, or certification by, any regulatory authority having jurisdiction
over the District required for the issuance and sale of the Note or the consummation by the
District of the other transactions contemplated by this Resolution, except those the District shall
obtain or perform prior to or upon the issuance of the Note.
(E)
The District has (or will have prior to the issuance of the Note) duly,
regularly and properly adopted a preliminary budget for the Repayment Fiscal Year setting forth
expected revenues and expenditures and has complied with all statutory and regulatory
requirements with respect to the adoption of such budget. The District hereby covenants that it
shall (i) duly, regularly and properly prepare and adopt its final budget for the Repayment Fiscal
Year, (ii) provide to the Trustee, the Credit Provider, if any, the Underwriter, promptly upon
adoption, copies of such final budget and of any subsequent revisions, modifications or
amendments thereto and (iii) comply with all applicable laws pertaining to its budget.
(F)
The sum of the principal amount of the District’s Note plus the interest
payable thereon, on the date of its issuance, will not exceed fifty percent (50%) of the estimated
amounts of the District’s uncollected taxes, income, revenue (including, but not limited to,
revenue from the state and federal governments), cash receipts, and other moneys to be received
by the District for the general fund of the District attributable to the Repayment Fiscal Year all of
which will be legally available to pay principal of and interest on the Note.
(G)
The District (i) has not defaulted within the past twenty (20) years, and is
not currently in default, on any debt obligation and (ii), to the best knowledge of the District, has
never defaulted on any debt obligation.
(H)
The District’s most recent audited financial statements present fairly the
financial condition of the District as of the date thereof and the results of operation for the period
covered thereby. Except as has been disclosed to the Underwriter and the Credit Provider, if
any, there has been no change in the financial condition of the District since the date of such
audited financial statements that will in the reasonable opinion of the District materially impair
its ability to perform its obligations under this Resolution and the Note. The District agrees to
furnish to the Underwriter, the Authority, the Trustee and the Credit Provider, if any, promptly,
from time to time, such information regarding the operations, financial condition and property of
the District as such party may reasonably request.
(I)
There is no action, suit, proceeding, inquiry or investigation, at law or in
equity, before or by any court, arbitrator, governmental or other board, body or official, pending
or, to the best knowledge of the District, threatened against or affecting the District questioning
the validity of any proceeding taken or to be taken by the District in connection with the Note,
the Purchase Agreement, the Trust Agreement, the Credit Agreement, if any, or this Resolution,
or seeking to prohibit, restrain or enjoin the execution, delivery or performance by the District of
any of the foregoing, or wherein an unfavorable decision, ruling or finding would have a
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materially adverse effect on the District’s financial condition or results of operations or on the
ability of the District to conduct its activities as presently conducted or as proposed or
contemplated to be conducted, or would materially adversely affect the validity or enforceability
of, or the authority or ability of the District to perform its obligations under, the Note, the
Purchase Agreement, the Trust Agreement, the Credit Agreement, if any, or this Resolution.
(J)
Upon issuance of the Note and execution of the Purchase Contract, this
Resolution, the Purchase Contract and the Note will constitute legal, valid and binding
agreements of the District, enforceable in accordance with their respective terms, except as such
enforceability may be limited by bankruptcy or other laws affecting creditors’ rights generally,
the application of equitable principles if equitable remedies are sought, the exercise of judicial
discretion in appropriate cases and the limitations on legal remedies against local agencies, as
applicable, in the State of California.
(K)
The District and its appropriate officials have duly taken, or will take, all
proceedings necessary to be taken by them, if any, for the levy, receipt, collection and
enforcement of the Pledged Revenues in accordance with law for carrying out the provisions of
this Resolution and the Note.
(L)
The District shall not incur any indebtedness secured by a pledge of its
Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged
Revenues hereunder.
(M) So long as the Credit Provider, if any, is not in payment default under the
Credit Instrument, the District hereby agrees to pay its pro rata share of all Predefault
Obligations and all Reimbursement Obligations attributable to the District in accordance with
provisions of the Credit Agreement, if any, and/or the Trust Agreement, as applicable. Prior to
the Maturity Date, moneys in the District’s Payment Account and/or Payment Subaccount shall
not be used to make such payments. The District shall pay such amounts promptly upon receipt
of notice from the Credit Provider that such amounts are due to it.
(N)
So long as any Note Participations issued in connection with the Notes are
Outstanding, or any Predefault Obligation or Reimbursement Obligation is outstanding, the
District will not create or suffer to be created any pledge of or lien on the Note other than the
pledge and lien of the Trust Agreement.
(O)
It is hereby covenanted and warranted by the District that it will not
request the County Treasurer to make temporary transfers of funds in the custody of the County
Treasurer to meet any obligations of the District during Fiscal Year 2009-2010 pursuant to
Article XVI, Section 6 of the Constitution of the State of California.
Section 11. Tax Covenants. (A) The District will not take any action or fail to
take any action if such action or failure to take such action would adversely affect the exclusion
from gross income of the interest payable on the Note under Section 103 of the Internal Revenue
Code of 1986 (the “Code”). Without limiting the generality of the foregoing, the District will not
make any use of the proceeds of the Note or any other funds of the District which would cause
the Note to be an “arbitrage bond” within the meaning of Section 148 of the Code, a “private
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DOCSSF/71572v2/022944-0024
activity bond” within the meaning of Section 141(a) of the Code, or an obligation the interest on
which is subject to federal income taxation because it is “federally guaranteed” as provided in
Section 149(b) of the Code. The District, with respect to the proceeds of the Note, will comply
with all requirements of such sections of the Code and all regulations of the United States
Department of the Treasury issued or applicable thereunder to the extent that such requirements
are, at the time, applicable and in effect.
(B)
In the event the District is deemed a Safe Harbor Issuer (as defined in
Section 7), this paragraph (B) shall apply. The District covenants that it shall make all
calculations in a reasonable and prudent fashion relating to any rebate of excess investment
earnings on the proceeds of the Note due to the United States Treasury, shall segregate and set
aside from lawfully available sources the amount such calculations may indicate may be required
to be paid to the United States Treasury, and shall otherwise at all times do and perform all acts
and things necessary and within its power and authority, including complying with the
instructions of Stradling Yocca Carlson & Rauth, Special Counsel referred to in Section 8 hereof
to assure compliance with the Rebate Requirements. If the balance of the Proceeds Subaccount
attributed to cash flow borrowing and treated for federal tax purposes as proceeds of the Note is
not low enough to qualify amounts in the Proceeds Subaccount attributed to cash flow borrowing
for an exception to the Rebate Requirements on at least one date within the six month period
following the date of issuance of the Note (calculated in accordance with Section 8), the District
will reasonably and prudently calculate the amount, if any, of investment profits which must be
rebated to the United States and will immediately set aside, from revenues attributable to the
Fiscal Year 2009-2010 or, to the extent not available from such revenues, from any other moneys
lawfully available, the amount of any such rebate in the Rebate Fund referred to in this
Section 11(B). In addition, in such event, the District shall establish and maintain with the
Trustee a fund separate from any other fund established and maintained hereunder and under the
Trust Agreement designated as the “2009-2010 Tax and Revenue Anticipation Note Rebate
Fund” or such other name as the Trust Agreement may designate. There shall be deposited in
such Rebate Fund such amounts as are required to be deposited therein in accordance with the
written instructions from Bond Counsel pursuant to Section 8 hereof.
(C)
Notwithstanding any other provision of this Resolution to the contrary,
upon the District’s failure to observe, or refusal to comply with, the covenants contained in this
Section 11, no one other than the holders or former holders of the Note or Note Participation
Owners, the Credit Provider(s), if any, or the Trustee on their behalf shall be entitled to exercise
any right or remedy under this Resolution on the basis of the District’s failure to observe, or
refusal to comply with, such covenants.
(D)
The covenants contained in this Section 11 shall survive the payment of
(E)
The provisions of this Section 11 shall not apply to a Taxable Note.
the Note.
Section 12. Events of Default and Remedies.
If any of the following events occur, it is hereby defined as and declared to be and
to constitute an “Event of Default”:
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(a)
Failure by the District to make or cause to be made the transfers
and deposits to the Payment Account, or any other payment required to be paid
hereunder, including payment of principal and interest on the Note, on or before
the date on which such transfer, deposit or other payment is due and payable;
(b)
Failure by the District to observe and perform any covenant,
condition or agreement on its part to be observed or performed under this
Resolution, for a period of fifteen (15) days after written notice, specifying such
failure and requesting that it be remedied, is given to the District by the Trustee or
the Credit Provider, if applicable, unless the Trustee and the Credit Provider shall
agree in writing to an extension of such time prior to its expiration;
(c)
Any warranty, representation or other statement by or on behalf of
the District contained in this Resolution or the Purchase Agreement (including the
Pricing Confirmation) or in any requisition or any financial report delivered by
the District or in any instrument furnished in compliance with or in reference to
this Resolution or the Purchase Agreement or in connection with the Note, is false
or misleading in any material respect;
(d)
A petition is filed against the District under any bankruptcy,
reorganization, arrangement, insolvency, readjustment of debt, dissolution or
liquidation law of any jurisdiction, whether now or hereafter in effect and is not
dismissed within 30 days after such filing, but the Trustee shall have the right to
intervene in the proceedings prior to the expiration of such 30 days to protect its
and the Owners’ interests;
(e)
The District files a petition in voluntary bankruptcy or seeking
relief under any provision of any bankruptcy, reorganization, arrangement,
insolvency, readjustment of debt, dissolution or liquidation law of any
jurisdiction, whether now or hereafter in effect, or consents to the filing of any
petition against it under such law; or
(f)
The District admits insolvency or bankruptcy or is generally not
paying its debts as such debts become due, or becomes insolvent or bankrupt or
makes an assignment for the benefit of creditors, or a custodian (including
without limitation a receiver, liquidator or trustee) of the District or any of its
property is appointed by court order or takes possession thereof and such order
remains in effect or such possession continues for more than 30 days, but the
Trustee shall have the right to intervene in the proceedings prior to the expiration
of such 30 days to protect its and the Owners’ interests;
Whenever any Event of Default referred to in this Section 12 shall have happened
and be continuing, the Trustee shall, in addition to any other remedies provided herein or by law
or under the Trust Agreement, have the right, at its option without any further demand or notice,
to take one or any combination of the following remedial steps:
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DOCSSF/71572v2/022944-0024
(a)
Without declaring the Note to be immediately due and payable,
require the District to pay to the Trustee, as holder of the Note, an amount equal
to the principal of the Note and interest thereon to maturity, plus all other amounts
due hereunder, and upon notice to the District the same shall become immediately
due and payable by the District without further notice or demand; and
(b)
Take whatever other action at law or in equity (except for
acceleration of payment on the Note) which may appear necessary or desirable to
collect the amounts then due and thereafter to become due hereunder or to enforce
any other of its rights hereunder.
Notwithstanding the foregoing, if the District’s Note is secured in whole or in part
by a Credit Instrument or if the Credit Provider is subrogated to rights under the District’s Note,
as long as the Credit Provider has not failed to comply with its payment obligations under the
Credit Instrument, the Credit Provider shall have the right to direct the remedies upon any Event
of Default hereunder, and the Credit Provider’s prior consent shall be required to any remedial
action proposed to be taken by the Trustee hereunder.
If the Credit Provider is not reimbursed for any drawing, payment or claim, as
applicable, used to pay principal of and interest on the Note due to a default in payment on the
Note by the District, or if any principal of or interest on the Note remains unpaid after the
Maturity Date, the Note shall be a Defaulted Note, the unpaid portion (including the interest
component, if applicable) thereof or the portion (including the interest component, if applicable)
to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has
not been made shall be deemed outstanding and shall bear interest at the Default Rate until the
District’s obligation on the Defaulted Note is paid in full or payment is duly provided for, all
subject to Section 8 hereof.
Section 13. Trustee. The Trustee is hereby appointed as paying agent, registrar
and authenticating agent for the Note. The District hereby directs and authorizes the payment by
the Trustee of the interest on and principal of the Note when such become due and payable, from
the Payment Account held by the Trustee in the name of the District in the manner set forth
herein. The District hereby covenants to deposit funds in such account at the time and in the
amount specified herein to provide sufficient moneys to pay the principal of and interest on the
Note on the day on which it matures. Payment of the Note shall be in accordance with the terms
of the Note and this Resolution.
The District hereby agrees to maintain as paying agent, registrar and
authenticating agent of the Note, the Trustee under the Trust Agreement.
The aforementioned Authorized
Section 14. Approval of Actions.
Representatives of the District are hereby authorized and directed to execute the Note and cause
the Trustee to authenticate and accept delivery of the Note, pursuant to the terms and conditions
of this Resolution and the Trust Agreement. All actions heretofore taken by the officers and
agents of the District or this Legislative Body with respect to the sale and issuance of the Note
and participation in the Program are hereby approved, confirmed and ratified and the Authorized
Representatives and agents of the District are hereby authorized and directed, for and in the name
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and on behalf of the District, to do any and all things and take any and all actions and execute
any and all certificates, agreements and other documents which they, or any of them, may deem
necessary or advisable in order to consummate the lawful issuance and delivery of the Note in
accordance with, and related transactions contemplated by, this Resolution. The Authorized
Representatives of the District referred to above in Section 4 hereof are hereby designated as
“Authorized District Representatives” under the Trust Agreement.
In the event that the Note or a portion thereof is secured by a Credit Instrument,
any one of the Authorized Representatives of the District is hereby authorized and directed to
provide the Credit Provider, with any and all information relating to the District as such Credit
Provider may reasonably request.
Section 15. Proceedings Constitute Contract. The provisions of the Note and
of this Resolution shall constitute a contract between the District and the registered owner of the
Note and the Credit Provider, if any, and such provisions shall be enforceable by mandamus or
any other appropriate suit, action or proceeding at law or in equity in any court of competent
jurisdiction, and shall be irrepealable. The Credit Provider, if any, is a third party beneficiary of
the provisions of this Resolution and the Note.
Section 16. Limited Liability. Notwithstanding anything to the contrary
contained herein or in the Note or in any other document mentioned herein, the District shall not
have any liability hereunder or by reason hereof or in connection with the transactions
contemplated hereby except to the extent payable from moneys available therefor as set forth in
Section 8 hereof.
Section 17. Amendments. At any time or from time to time, the District may
adopt one or more Supplemental Resolutions with the written consents of the Authority and the
Credit Provider, if any, but without the necessity for consent of the owner of the Note for any
one or more of the following purposes:
(a)
to add to the covenants and agreements of the District in this
Resolution, other covenants and agreements to be observed by the District which
are not contrary to or inconsistent with this Resolution as theretofore in effect;
(b)
to add to the limitations and restrictions in this Resolution, other
limitations and restrictions to be observed by the District which are not contrary
to or inconsistent with this Resolution as theretofore in effect;
(c)
to confirm, as further assurance, any pledge under, and the
subjection to any lien or pledge created or to be created by, this Resolution, of any
monies, securities or funds, or to establish any additional funds or accounts to be
held under this Resolution;
(d)
to cure any ambiguity, supply any omission, or cure or correct any
defect or inconsistent provision in this Resolution; or
(e)
to amend or supplement this Resolution in any other respect;
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provided, however, that any such Supplemental Resolution does not adversely
affect the interests of the owner of the Note or of the Note Participations executed and delivered
in connection with the Notes.
Any modifications or amendment of this Resolution and of the rights and
obligations of the District and of the owner of the Note or of the Note Participations executed
and delivered in connection with the Notes may be made by a Supplemental Resolution, with the
written consents of the Authority and the Credit Provider, if any, and with the written consent of
the owners of at least a majority in principal amount of the Note and of the Note Participations
executed and delivered in connection with the Notes outstanding at the time such consent is
given; provided, however, that if such modification or amendment will, by its terms, not take
effect so long as the Note or any or of the Note Participations executed and delivered in
connection with the Notes remain outstanding, the consent of the owners of such Note or of the
Note Participations executed and delivered in connection with the Notes shall not be required.
No such modification or amendment shall permit a change in the maturity of the Note or a
reduction of the principal amount thereof or an extension of the time of any payment thereon or a
reduction of the rate of interest thereon, or a change in the date or amounts of the pledge set forth
in this Resolution, without the consent of the owners of such Note or the owners of all of the
Note Participations executed and delivered in connection with the Notes, or shall reduce the
percentage of the Note or the owners of all of the Note Participations executed and delivered in
connection with the Notes, the consent of the owners of which is required to effect any such
modification or amendment, or shall change or modify any of the rights or obligations of the
Trustee without its written assent thereto..
Section 18. Severability. In the event any provision of this Resolution shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
Section 19. Request to Borrow; Transmittal of Resolution. The Note shall be
issued in conjunction with the note or notes of one or more other community college districts, as
described in Section 53853(b) of the Act. Following its adoption by the Board, signed copies of
this resolution shall be transmitted by the secretary or clerk of the Board to the treasurer of the
county (the “County”) in which the District is located, to the County’s board of supervisors (the
“County Board”), and to the County’s superintendent of schools. Transmittal of this resolution
to the County Board shall constitute a request by the Board for borrowing and for the issuance of
the Note by the County Board. This resolution is based on the assumption that the County Board
will fail to authorize, by resolution, the issuance of the Note within 45 calendar days of its
receipt hereof or that the County Board will notify the District that it will not authorize the
issuance of the Note within such 45-day period. If within such 45-day period the County Board
authorizes, by resolution, issuance of the Note, then, notwithstanding this resolution, the Notes
shall be issued in the name of the District by the County Board pursuant to such resolution of the
County Board.
Section 20. Limited Liability and Indemnification. (a) Notwithstanding
anything to the contrary contained herein or in the Note or in any other document mentioned
herein or related to the Note or to any Series of Note Participations to which the Note may be
assigned, the District shall not have any liability hereunder or by reason hereof or in connection
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with the transactions contemplated hereby except to the extent payable from moneys available
therefor as set forth herein and (b) the District shall indemnify and hold harmless, to the extent
permitted by law, the County and its officers and employees ("Indemnified Parties"), against any
and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties
may become subject because of action or inaction related to the adoption of a resolution by the
County Board of Supervisors providing for the issuance and sale of the Notes, or related to the
proceedings for sale, award, issuance and delivery of the Notes in accordance therewith and
herewith. The District shall also reimburse any such Indemnified Parties for any legal or other
expenses incurred in connection with investigating or defending any such claims or actions.
Section 21. Appointment of Professionals. The law firm of Stradling Yocca
Carlson & Rauth is hereby appointed as Special Counsel for the Program. The District
acknowledges that Special Counsel regularly performs legal services for many private and public
entities in connection with a wide variety of matters, and that Special Counsel has represented, is
representing or may in the future represent other public entities, underwriters, trustees, rating
agencies, insurers, credit enhancement providers, lenders, financial and other consultants who
may have a role or interest in the proposed financing or that may be involved with or adverse to
District in this or some other matter. Given the special, limited role of Special Counsel described
above the District acknowledges that no conflict of interest exists or would exist, waives any
conflict of interest that might appear to exist, and consents to any and all such relationships.
RBC Capital Markets Corporation, Los Angeles, California is hereby appointed as
Underwriter for the Program. Other underwriters or placement agents, as applicable, may be
engaged as provided in the Pricing Confirmation.
Section 22. Form 8038-G; Continuing Disclosure. (A) Any Authorized
Officer is hereby authorized to execute and deliver any Information Return for Tax-Exempt
Governmental Obligations, Form 8038-G of the Internal Revenue Service (“Form 8038-G”), in
connection with the issuance of the Note and the related Series of Note Participations. To the
extent permitted by law, the Authority, the Trustee, the Underwriter and Special Counsel are
each hereby authorized to execute and deliver any Form 8038-G for and on behalf of the District
in connection with the issuance of the Note and the related Series of Note Participations, as
directed by an Authorized Officer of the District.
(B)
The District covenants, for the sole benefit of the Owners of the Series of
Note Participations which evidence and represent the Note (and, to the extent specified in this
Section 22, the beneficial owners thereof), that the District shall provide in a timely manner,
through the Trustee acting as dissemination agent (the “Dissemination Agent”) to the Municipal
Securities Rulemaking Board notice of any of the following events with respect to the District’s
outstanding Note, if material (each a “Listed Event”): (1) principal and interest payment
delinquencies on the Note and the related Series of Note Participations; (2) non-payment related
defaults; (3) modifications to rights of Owners and beneficial owners of the Series of Note
Participations which evidence and represent the Note; (4) optional, contingent or unscheduled
bond calls; (5) defeasances; (6) rating changes; (7) adverse tax opinions or events affecting the
tax-exempt status of the Note and the related Series of Note Participations; (8) unscheduled
draws on debt service reserves reflecting financing difficulties; (9) unscheduled draws on the
credit enhancement reflecting financial difficulties; (10) substitution of credit or liquidity
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providers, or their failure to perform; and (11) release, substitution or sale of property securing
repayment of the Note.
Whenever the District obtains knowledge of the occurrence of a Listed Event, the
District shall as soon as possible determine if such event would be material under applicable
federal securities laws. The Authority and the Dissemination Agent shall have no responsibility
for such determination and shall be entitled to conclusively rely upon the District’s
determination.
If the District determines that knowledge of the occurrence of a Listed Event
would be material under applicable federal securities laws, the District shall promptly provide
the Authority and the Dissemination Agent with a notice of such occurrence which the
Dissemination Agent agrees to file with the Municipal Securities Rulemaking Board.
(C)
In the event of a failure of the District to comply with any provision of this
section, any Owner or beneficial owner of the related Series of Note Participations 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. A default
under this section shall not be deemed an Event of Default under Section 12 hereof, and the sole
remedy under this section in the event of any failure of the District to comply with this section
shall be an action to compel performance.
(D)
For the purposes of this section, a “beneficial owner” shall mean any
person which has the power, directly or indirectly, to make investment decisions concerning
ownership of any Note Participations of the Series which evidences and represents the Notes
(including persons holding Note Participations through nominees, depositories or other
intermediaries).
(E)
The District’s obligations under this section shall terminate upon the legal
defeasance, prior redemption or payment in full of its Note. If such termination occurs prior to
the final maturity of the related Note Participations, the District shall give notice of such
termination in the same manner as for a Listed Event under subsection (B) of this section.
(F)
The Dissemination Agent shall not be responsible in any manner for the
content of any notice or report prepared by the District pursuant to this section. In no event shall
the Dissemination Agent be responsible for preparing any notice or report or for filing any notice
or report which it has not received in a timely manner and in a format suitable for reporting.
Nothing in this section shall be deemed to prevent the District from disseminating any other
information, using the means of dissemination set forth in this section or any other means of
communication, or including any other notice of occurrence of a Listed Event, in addition to that
which is required by this section. If the District chooses to include any information in any notice
of occurrence of a Listed Event in addition to that which is specifically required by this section,
the District shall have no obligation under this section to update such information or include it in
any future notice of occurrence of a Listed Event.
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(G)
Notwithstanding any other provision of this Resolution, the District with
the consent of the Dissemination Agent and notice to the Authority may amend this section, and
any provision of this section may be waived, provided that the following conditions are satisfied:
(1)
If the amendment or waiver relates to the provisions of subsection (B) of
this section, it may only be made in connection with a change in circumstance that arises
from a change in legal requirements, change in law, or change in the identity, nature or
status of an obligated person with respect to the Note and the related Note Participations,
or the type of business conducted;
(2)
The undertaking, as amended or taking into account such waiver, would in
the opinion of nationally recognized bond counsel, have complied with the requirements
of the Rule at the time of the original issuance of the Note and the related Note
Participations, after taking into account any amendments or interpretations of the Rule, as
well as any change in circumstances; and
(3)
The amendment or waiver either (i) is approved by the Owners or
beneficial owners of the Note Participations of the Series which evidences and represents
the Note in the same manner as provided in the Trust Agreement for amendments to the
Trust Agreement with the consent of Owners or beneficial owners, or (ii) does not, in the
opinion of nationally recognized bond counsel, materially impair the interests of the
Owners or beneficial owners of the related Note Participations. In the event of any
amendment or waiver of a provision of this section, notice of such change shall be given
in the same manner as for an event listed under subsection (B) of this section, and shall
include, as applicable, a narrative explanation of the reason for the amendment or waiver;
provided, however, the District shall be responsible for preparing such narrative
explanation.
(H)
The Dissemination Agent shall have only such duties as are specifically
set forth in this section. The Dissemination Agent shall not be liable for the exercise of any of its
rights hereunder or for the performance of any of its obligations hereunder or for anything
whatsoever hereunder, except only for its own willful misconduct or gross negligence. Absent
gross negligence or willful misconduct, the Dissemination Agent shall not be liable for an error
of judgment. No provision hereof shall require the Dissemination Agent to expend or risk its
own funds or otherwise incur any financial or other liability or risk in the performance of any of
its obligations hereunder, or in the exercise of any of its rights hereunder, if such funds or
adequate indemnity against such risk or liability is not reasonably assured to it. The District
hereunder agrees to compensate the Dissemination Agent for its reasonable fees in connection
with its services hereunder, but only from the District’s share of the costs of issuance deposited
in the Costs of Issuance Fund held and invested by the Trustee under the Trust Agreement.
(I)
This section shall inure solely to the benefit of the District, the
Dissemination Agent, the Underwriter and the Owners and beneficial owners from time to time
of the Note Participations, and shall create no rights in any other person or entity.
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Section 23. Resolution Parameters.
(a)
Name of District: Hartnell Community College District
(b)
Maximum Amount of Borrowing: $10,000,000
(c)
Authorized Representatives:
TITLE
(1) Chair, Board of Trustees
(2) Superintendent/President
(3) Associate Vice President for Support Operations
Section 24. Effective Date. This Resolution shall take effect from and after its
date of adoption.
PASSED AND ADOPTED by the District this 14th day of April, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
By:
President, Board of Trustees
Attest:
Secretary, Board of Trustees
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EXHIBIT A
FORM OF NOTE
HARTNELL COMMUNITY COLLEGE DISTRICT
2009 TAX AND REVENUE ANTICIPATION NOTE, SERIES A*/
Interest Rate
Maturity Date
Date of
Original Issue
First
Repayment Date
Second
Repayment Date
Third
Repayment Date
__% (Total of
principal and interest
due on Note at
maturity)
__% (Total of
principal and interest
due on Note at
maturity)**/
__% (Total of
principal and
interest due on
Note at maturity)
REGISTERED OWNER:
PRINCIPAL AMOUNT:
FOR VALUE RECEIVED, the District designated above (the “District”)
acknowledges itself indebted to and promises to pay to the registered owner identified above, or
registered assigns, on the maturity date set forth above, the principal sum specified above in
lawful money of the United States of America, and to pay interest thereon on each Interest
Payment Date, as defined in the Trust Agreement, at the rate of interest specified above (the
“Note Rate”). Principal of and interest on this Note are payable in such coin or currency of the
United States as at the time of payment is legal tender for payment of private and public debts,
such principal to be paid upon surrender hereof at the principal corporate trust office of Wells
Fargo Bank, National Association in Los Angeles, California, or its successor in trust (the
“Trustee”). Interest is payable as specified in the Trust Agreement. Interest shall be calculated
on the basis of a 360-day year, consisting of twelve 30-day months, in like lawful money from
the date hereof until the maturity date specified above and, if funds are not provided for payment
at maturity, thereafter on the basis of a 360-day year for actual days elapsed until payment in full
of said principal sum. Both the principal of and interest on this Note shall be payable only to the
registered owner hereof upon surrender of this Note as the same shall fall due; provided,
*/
If more than one Series is issued under the Program in the Repayment Fiscal Year.
**/
Number of Repayment Dates and percentages to be determined in Pricing Confirmation (as defined in the
Resolution).
A-1
DOCSSF/71572v2/022944-0024
however, no interest shall be payable for any period after maturity during which the holder
hereof fails to properly present this Note for payment. If the District fails to pay this Note when
due or the Credit Provider (as defined in the Resolution hereinafter described), if any, is not
reimbursed in full for the amount drawn on or paid pursuant to the Credit Instrument (as defined
in the Resolution) to pay all or a portion of this Note on the date of such payment, this Note shall
become a Defaulted Note (as defined and with the consequences set forth in the Resolution).
It is hereby certified, recited and declared that this Note (the “Note”) represents
the authorized issue of the Note in the aggregate principal amount made, executed and given
pursuant to and by authority of certain resolutions of the Legislative Body of the District duly
passed and adopted heretofore, under and by authority of Article 7.6 (commencing with Section
53850) of Chapter 4, Part 1, Division 2, Title 5 of the California Government Code (collectively,
the “Resolution”), to all of the provisions and limitations of which the owner of this Note, by
acceptance hereof, assents and agrees.
The principal of the Note, together with the interest thereon, shall be payable from
taxes, income, revenue, cash receipts and other moneys which are received by the District for the
general fund of the District and are attributable to the Repayment Fiscal Year, as defined in the
Resolution, and which are available for payment thereof. As security for the payment of the
principal of and interest on the Note, the District has pledged the first amounts of unrestricted
revenues of the District received on the last day of the Repayment Months (as defined in the
Resolution) identified in the Pricing Confirmation (as defined in the Resolution) (and any
amounts received thereafter attributable to the Repayment Fiscal Year) until the amount on
deposit in the Payment Account (as defined in the Resolution) in each such month, is equal to the
corresponding percentages of principal of and interest due on the Note as set forth in the Pricing
Confirmation (such pledged amounts being hereinafter called the “Pledged Revenues”), and the
principal of the Note and the interest thereon shall constitute a first lien and charge thereon and
shall be payable from the Pledged Revenues, and to the extent not so paid shall be paid from any
other moneys of the District lawfully available therefor as set forth in the Resolution. The full
faith and credit of the District is not pledged to the payment of the principal or interest on this
Note.
The District and the Trustee may deem and treat the registered owner hereof as
the absolute owner hereof for the purpose of receiving payment of or on account of principal
hereof and interest due hereon and for all other purposes, and the District and the Trustee shall
not be affected by any notice to the contrary.
It is hereby certified that all of the conditions, things and acts required to exist, to
have happened and to have been performed precedent to and in the issuance of this Note do exist,
have happened and have been performed in due time, form and manner as required by the
Constitution and statutes of the State of California and that the amount of this Note, together
with all other indebtedness of the District, does not exceed any limit prescribed by the
Constitution or statutes of the State of California.
It is hereby certified that all of the conditions, things and acts required to exist, to
have happened and to have been performed precedent to and in the issuance of this Note do exist,
have happened and have been performed in due time, form and manner as required by the
A-2
DOCSSF/71572v2/022944-0024
Constitution and statutes of the State of California and that the amount of this Note, together
with all other indebtedness of the District, does not exceed any limit prescribed by the
Constitution or statutes of the State of California.
IN WITNESS WHEREOF, the Legislative Body of the District has caused this
Note to be executed by the manual or facsimile signature of a duly Authorized Representative of
the District and countersigned by the manual or facsimile signature of the Secretary or Clerk of
the Board of Trustees as of the date of authentication set forth below.
HARTNELL COMMUNITY COLLEGE
DISTRICT
By:
Associate Vice President for
Support Operations
Countersigned
By:
Secretary, Board of the Trustees
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DOCSSF/71572v2/022944-0024
CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This Note is the Note mentioned in the within-mentioned Resolution authenticated on the
following date:
WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Trustee
By:
Authorized Officer
A-4
DOCSSF/71572v2/022944-0024
[STATEMENT OF INSURANCE]*/
*/
To be used only if Credit Instrument is a policy of municipal bond insurance.
A-5
DOCSSF/71572v2/022944-0024
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Adopt Resolution No. 09:5 Designating
New Representatives to Various
Community College Joint Powers
Authorities (JPAs)
Area:
Office of Support Operations
Supplement OSO-6
Prepared by: Barbara Yesnosky
Number:
VI. E
Status:
Action (Roll-call)
Recommended Action:
That the Board of Trustees adopt Resolution 09:5 designating Alfred Muñoz, Controller, as
alternate District representative to various Joint Powers Authorities and designating Ignacio
Pando, Interim Associate Vice President for Career and Economic Development, as primary
District representative and Kathleen Rose, Associate Vice President for Academic Affairs and
Accreditation, as alternate District representative to the South Bay Regional Public Safety
Training Consortium.
Summary:
Since 1996, Hartnell Community College District has been a member of several Joint Powers
Authorities (JPAs) with other California community colleges. These pooled programs provide
the District with important financial and legal benefits, significant cost savings, and increased
revenue. In order to participate in these JPAs, a member district must provide ongoing
leadership in the decision-making process for the pooled programs.
Barbara Yesnosky, Associate Vice President for Support Operations, serves as the primary
District representative to the following JPAs:
Bay Area Community College Districts JPA
Protected Insurance Program for Schools JPA
Monterey County Delinquent Tax Finance Authority JPA
Monterey County Schools Insurance Group JPA
Administration requests that the board designate Alfred Muñoz, Controller, as alternate District
representative to these JPAs.
Administration requests that the board designate Ignacio Pando, Interim Associate Vice
President for Career and Economic Development, as primary District representative and
Kathleen Rose, Associate Vice President for Academic Affairs and Accreditation, as alternate
District representative to the South Bay Regional Public Safety Training Consortium JPA.
Budget Implications:
When travel is not covered by the Joint Powers Authorities, minimal travel costs are budgeted
in the Unrestricted General Fund.
HARTNELL COMMUNITY COLLEGE DISTRICT
RESOLUTION NO. 09:5
THIS RESOLUTION OF THE BOARD OF TRUSTEES OF THE HARTNELL COMMUNITY
COLLEGE DISTRICT AUTHORIZES THE DESIGNATION OF ALFRED MUÑOZ, CONTROLLER,
AS ALTERNATE DISTRICT REPRESENTATIVE TO SERVE ON THE BOARDS OR
COMMITTEES OF THE FOLLOWING JOINT POWERS AUTHORITIES (JPAs)
Bay Area Community College Districts JPA
Protected Insurance Program for Schools JPA
Monterey County Delinquent Tax Finance Authority JPA
Monterey County Schools Insurance Group JPA
THIS RESOLUTION OF THE BOARD OF TRUSTEES OF THE HARTNELL COMMUNITY
COLLEGE DISTRICT FURTHER AUTHORIZES THE DESIGNATION OF IGNACIO PANDO,
INTERIM ASSOCIATE VICE PRESIDENT, CAREER AND ECONOMIC DEVELOPMENT, AS
PRIMARY DISTRICT REPRESENTATIVE AND KATHLEEN ROSE, ASSOCIATE VICE
PRESIDENT, ACADEMIC AFFAIRS AND ACCREDITATION, AS ALTERNATE DISTRICT
REPRESENTATIVE TO SERVE ON THE BOARD OR COMMITTEES OF THE SOUTH BAY
REGIONAL PUBLIC SAFETY TRAINING CONSORTIUM JPA.
WHEREAS, Title 1, Division 7, Chapter 5, Article 1 (6500 et seq.) of the Government Code of the State
of California authorized joint exercise by two or more public agencies of any power common to them;
and
WHEREAS, California law authorized college districts and JPAs to establish self-funded programs; and
WHEREAS, districts in California determined there was a need and formed self-funded systems for
Workers’ Compensation and other insurance and revenue programs by combining their respective efforts
to establish, operate and maintain JPAs;
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees designate Alfred Muñoz,
Controller, as the alternate District representative to serve on the boards or committees of the above listed
JPAs and that the Board of Trustees designate Ignacio Pando, Interim Associate Vice President, Career
and Economic Development, as the primary District representative and Kathleen Rose, Associate Vice
President, Academic Affairs and Accreditation, as the alternate District representative of the South Bay
Regional Public Safety Training Consortium JPA.
AYES:
NOES:
ABSENT:
__________
__________
__________
APPROVED:
___________________________________
President of the Governing Board of the
Hartnell Community College District
ATTEST:
_____________________________________ Secretary of the Governing Board of the
Hartnell Community College District
AGENDA ITEM FOR BOARD MEETING OF: April 14, 2009
Title:
Adopt Resolution 09:6, Early Retirement
Incentive for Full Time Faculty
Number:
Area:
Human Resources & Equal Employment
Opportunity
Status:
Action (Roll-call)
VI. F.
Recommended Action:
That the Board of Trustees adopts Resolution 09:6, Early Retirement Incentive for Full time
Faculty.
Summary:
This resolution is for the purpose of offering an early retirement incentive to qualified full
time faculty. This proposal is in the best interest of the Hartnell Community College District
and the employees affected. It is educationally and fiscally sound.
NOTE: The Resolution will be available at the meeting. The terms of the
resolution are currently under negotiations and expect to be finalized before the
Board meeting of April 14, 2009.
Budget Implication:
This action is expected to have a positive impact on the budget.
AGENDA ITEM FOR BOARD MEETING OF: April 14, 2009
Title:
Adopt Resolution 09:7, Early Retirement
Incentive for CSEA and L39 Employees
Number:
Area:
Human Resources & Equal Employment
Opportunity
Prepared by: Terri Pyer
Status:
Action (Roll-call)
VI. G.
Recommended Action:
That the Board of Trustees adopts Resolution 09:7, Early Retirement Incentive for CSEA
and L39 Employees.
Summary:
The purpose of this Resolution is to offer early retirement incentives to qualified CSEA and
L39 employees. This proposal is in the best interest of the Hartnell Community College
District and the employees affected. It is educationally and fiscally sound.
Budget Implication:
This action is expected to have a positive impact on the budget.
Resolution 09:7
Early Retirement Incentive for Classified Employees
of the Hartnell Community College District
On April 14, 2009, the Board of Trustees of the Hartnell Community College District held its
regular monthly meeting and all members of the Board were present except:
On motion of Board member _________________________________, duly seconded and
carried, the following Resolution was adopted:
WHEREAS, the Hartnell Community College District (“the District) desires to provide an early
retirement incentive program to eligible represented classified employees; and
WHEREAS, the goal of adopting an early retirement incentive program is to realize a
substantial savings in personnel costs by offering early retirement incentives to employees who
are eligible to retire from the District; and
WHEREAS, the District has prepared an actuarial estimate of the cost of an early retirement
incentive program for its classified, represented employees who will have attained the age of 55
and will have earned at least five years of service to the District as of June 30, 2009, and the
additional liability created by the early retirement incentive, and has determined that the adoption
of an early retirement incentive is in the best interests of the District; therefore be it
RESOLVED by the Hartnell Community College District Board of Trustees that:
(1) The Hartnell Community College District Board of Trustees does hereby adopt the
early retirement incentive of a one-time lump sum of $10,000, payable on or about August 1,
2009, to eligible employees who announce in writing, between March 10, 2009 and May 5, 2009,
their intention to retire and take advantage of the retirement incentive.
(2) To help achieve a true cost savings, an employee who retires under the early
retirement incentive program shall not be eligible for full-time permanent employment with the
District for two full years.
(3) To utilize an early retirement incentive as a budgeting tool, the District will use its
best efforts either to limit the number of retiring employees replaced or to limit the salaries paid
to the replacement employees.
(4) The effective date of each employee’s retirement under this early retirement incentive
program shall be on or before June 30, 2009.
(5) The Board authorizes the District to fully execute this plan.
I, ____________________________________________, Secretary of the Board for the Hartnell
Community College District, hereby certify that the above and the foregoing Resolution was
duly and regularly adopted by the Board at a regular meeting thereof on
________________,2009 and passed by a majority vote of said Board.
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Review as 1st Reading Revised
Board Policies
Number:
Area:
Status:
Superintendent/President
Action
VI. H.
Prepared by: Phoebe Helm
Recommended Action:
That the Board of Trustees reviews as a first 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 first reading as revised:
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.
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.
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, _______________
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, _______________
INFORMATION ITEMS
AGENDA ITEM FOR BOARD MEETING OF:
April 14, 2009
Title:
Review and Accept Financial Statements
for Period Ending February 28, 2009
Number:
Area:
Office of Support Operations
Supplement OSO-1
Prepared by: Barbara Yesnosky
Status:
Information
VII. A
Recommended Action:
That the Board of Trustees receives and accepts the financial statements for the period ending
February 28, 2009.
Summary:
Financial statements of District funds for the period ending February 28, 2009 are attached for
information.
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF:
Title:
April 14, 2009
Number:
Long Range Enrollment and Weekly
Contact Hours (WSCH)
VII. B.
Area:
Status:
Superintendent/President
Prepared by: Dr. Phoebe K. Helm
Information
Summary:
The attached table provides a history of the enrollment at Hartnell College since 1973 and
projects enrollment through 2017. The four columns on the left represent audited numbers
while those on the right are forecasts or predictions. In this context, enrollment refers to
headcount (see column one). WSCH is the total number of weekly student contact hours in a
year (see column two). It is important to know that 525 WSCH equals one full time equivalent
student (FTES) and is the same as what is considered one full time equivalent faculty (FTEF)
load. WSCH/Enrollment (column four) is the average number of weekly student contact hours
per enrollment.
If the numbers in FY 2008 remain the same through the end of the year audit, the increase
WSCH will be 11.8% over FY 2007. The WSCH in 2007 was 2.4% higher than in FY 2006.
Also, it should be noted that students are in class, on average, almost one additional hour per
week in 2008 as compared to 2007. This is a positive trend, for having students spend more
time in class often leads to earlier program completion, and greater retention and success. In
addition, it is less expensive to have fewer students taking more hours than to have the reverse.
These data come directly from the Chancellors Office and reflect the importance of the
FUSION training and advice we obtain from our contract with – and the significant work Gary
Hughes and Mary Dominguez have been doing to be sure all of our data are coded and reported
correctly. These numbers drive both our capital dollars as well as our operational dollars from
the State. The data included in the table provide an interesting history as well as a good
planning document for the college.
Hartnell CCD (Revised 3/09)
Long Range Enrollment and WSCH Forecast, 2008 to 2017
WSCH
Enrollment WSCH
WSCH/Enrollment
Enrollment
Actual
Actual
% Chg.
Actual
Forecast Forecast Forecast % Chg.
1973
5626
1974
6140
71617
11.66
1975
7023
80941
13.0%
11.53
1976
6797
74479
‐8.0%
10.96
1977
7322
81463
9.4%
11.13
1978
6359
65737
‐19.3%
10.34
1979
7087
66778
1.6%
9.42
1980
7675
73640
10.3%
9.59
1981
8394
75772
2.9%
9.03
1982
7052
67568
‐10.8%
9.58
1983
6899
63791
‐5.6%
9.25
1984
6471
62712
‐1.7%
9.69
1985
6522
62943
0.4%
9.65
1986
6496
61940
‐1.6%
9.54
1987
7197
63894
3.2%
8.88
1988
7147
67222
5.2%
9.41
1989
9429
69739
3.7%
7.40
1990
10466
72430
3.9%
6.92
1991
10387
72623
0.3%
6.99
1992
11835
73759
1.6%
6.23
1993
6765
64011
‐13.2%
9.46
1994
6926
71174
11.2%
10.28
1995
7176
72568
2.0%
10.11
1996
7443
73158
0.8%
9.83
1997
8099
75233
2.8%
9.29
1998
8352
80227
6.6%
9.61
1999
9418
87224
8.7%
9.26
2000
9317
90143
3.3%
9.68
2001
10150
93162
3.3%
9.18
2002
11716
98695
5.9%
8.42
2003
10074
90989
‐7.8%
9.03
2004
9463
86222
‐5.2%
9.11
2005
9784
87806
1.8%
8.97
2006
9870
87203
‐0.7%
8.84
2007
10042
89270
2.4%
8.89
2008
9.73
10260
99834
11.8%
2009
9.73
10607
103207
3.4%
2010
9.73
10930
106351
3.0%
2011
9.73
11269
109647
3.1%
2012
9.73
11595
112822
2.9%
2013
9.73
11885
115640
2.5%
2014
9.73
12186
118570
2.5%
2015
9.73
12472
121356
2.4%
2016
9.73
12746
124019
2.2%
2017
9.73
14101
137206
10.6%
Source: California Community Colleges Chancellor's Office, Research and Planning Unit, 2009
BOARD OF TRUSTEES
Communication/Conference Reports
FUTURE AGENDA ITEMS
ADJOURNMENT