HARTNELL COMMUNITY COLLEGE DISTRICT
REGULAR MEETING OF THE BOARD OF TRUSTEES
AGENDA
March 10, 2009
TIME/PLACE:
1:00 p.m. – OPEN SESSION – Library (LRC113) Distance Ed Room
1:10 p.m. – CLOSED SESSION – Library (LRC116) Training Room
6:00 p.m. – RECONVENE OPEN SESSION – Board Room (CAB112)
411 Central Avenue, Salinas
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 – MARCH 10, 2009
Page 1 of 5
I.
OPEN SESSION, CALL TO ORDER - 1:00 p.m. (LRC113 – Distance Education Room)
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. Tenure and Advancement for Probationary Faculty
D. PUBLIC COMMENT PERIOD REGARDING CLOSED SESSION ITEMS
Fifteen minutes set aside for public comment on closed session items.
Maximum three minutes each.
II.
MOVE TO CLOSED SESSION - 1:10 p.m. (LRC116 – Training Room)
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 – 6:00 p.m. (CAB112 – Board Room)
Pledge of Allegiance
A. REPORT OUT FROM CLOSED SESSION
B. SWEARING IN OF TRUSTEE
Administer Oath of Office to recently elected Trustee
C. PUBLIC COMMENTS
Fifteen minutes set aside for public comments on closed session items.
Maximum three minutes each.
IV.
PRESENTATIONS AND BOARD DEVELOPMENT
A. K-16 BRIDGE PROGRAM FOR COMMUNITY COLLEGES
Dr. Greg Peterson, Associate Vice President, Student Services
B. BOND OVERSIGHT COMMITTEE UPDATE
Damon Felice, Felice Consulting Services
C. BOARD DEVELOPMENT – Postponed for April
Review of Board Policies
D. BOARD’S GOALS FOR THE COLLEGE
1. Accreditation
2. Finances
3. Communication
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 2 of 5
V.
CONSENT ACTION ITEMS
A. MINUTES
Approve Minutes of Meeting of February 3, 2009.
B. DISBURSEMENTS
Ratify 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
Accept non-cash donations from the Hartnell College Foundation.
D. FINAL PROPOSAL TO COMMISSION SCULPTURE OF WILLIAM HARTNELL AND
MARIA TERESA DE LA GUERRA
Approve 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.
E. MEMORANDUM OF UNDERSTANDING FOR CAREER TECHNICAL EDUCATION
COMMUNITY COLLABORATIVE PROJECT AMENDMENT
Approve 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 out of the total grant award of
$375,000.
F. FACILITIES PLANNING AND CONSULTING AGREEMENT EXTENSION
Approve 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.
G. CIVIL ENGINEERING SERVICES FOR NEW SCIENCE CENTER PROJECT
Approve 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. UNITED STATES DEPARTMENT AGRICULTURE (USDA) LEASE AGREEMENT
RENEWAL
Approve 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 relocate the waterline.
I.
DELEGATE TO THE SUPERINTENDENT/PRESIDENT THE AUTHORITY TO ENTER
INTO A CONTRACT WITH LEWIS CENTER FOR EDUCATIONAL RESEARCH
Delegate 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.
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 3 of 5
J. ACKNOWLEDGE A BID AND AWARD A CONTRACT TO DMC CONSTRUCTION,
LOWEST RESPONSIVE BIDDER FOR THE NORTHEAST LANDSCAPE PROJECT
Acknowledge a bid and award a contract to DMC Construction, lowest responsive bidder for the
Northeast Landscape Project for $1,408.069, paid from Measure H funds.
K. ACKNOWLEDGE PEPSI BOTTLING GROUP AS MOST RESPONSIVE BIDDER
Acknowledge 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 SERVICES
Approve 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 WITH MONTEREY COUNTY OFFICE OF
EDUCATION
Ratify 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. DRAFT RESPONSE FROM GRAND JURY REGARDING MEASURE H BOND
Approve draft response from Grand Jury regarding Measure H Bond.
O. PERSONNEL ACTIONS
Approve and/or ratify Personnel Actions (included in packet).
VI.
ACTION ITEMS
Action/Roll-call
A. APPROVE BUDGET REVISIONS
Approve budget revisions numbered 8065 to 8139.
Action/Roll-call
B. ADOPT RESOLUTION 09:1, TAX AND REVENUE ANTICIPATION NOTES FOR
2008-2009
Adopt Resolution 09:1, Tax and Revenue Anticipation Notes for 2008-2009.
Action/Roll-call
C. ADOPT RESOLUTION 09:2, AFFIDAVIT TO SUPPORT ENROLLMENT REPORT
Adopt Resolution 09:2, Affidavit to Support Enrollment Report
Action/Roll-call D.
ADOPT RESOLUTION 09:3, BOARD MEMBER COMPENSATION
Adopt Resolution 09:3, Board Compensation for Board Meeting of February 3, 2009.
Action
E. APPROVE FINAL AMENDMENT TO CONFLICT OF INTEREST CODE
Acknowledge the end of the 45-day public comment period and approve finalizing the proposed
Conflict of Interest Code to be submitted to the Fair Political Practice Commission.
VII.
INFORMATION ITEMS
A. FINANCIAL STATEMENTS FOR PERIOD ENDING JANUARY 31, 2009
B. ACCREDITATION PROGRESS REPORT – MARCH 1, 2009
C. RECOGNITION OF SOCIETY OF PHYSICS STUDENTS
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 4 of 5
D. RECOGNITION OF MATSUI FOUNDATION
E. EARLY RETIREMENT INCENTIVES
F. REPORTS FROM SENATES
1. Student Senate
2. Classified Senate
3. Academic Senate
G. PRESIDENT’S REPORT
Receive report on matters of interest to the college.
VIII.
BOARD OF TRUSTEES COMMUNICATIONS/CONFERENCE REPORTS
A. DISTINGUISHED ALUMNUS/ALUMNA AWARD
Action
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
April 14, 2009 – 5:00 p.m.
Hartnell College (CAB112) – Board Room
411 Central Avenue
Salinas, California
HCCD –REGULAR MEETING – MARCH 10, 2009
Page 5 of 5
PRESENTATIONS/BOARD DEVELOPMENT
CONSTRUCTION UPDATE
AS OF 03/02/2009
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
⇒ Kasavan Architects will be preparing the master plan on the 142 acre
⇒ 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 Board approved a profession services contract with the City of Salinas airport
consultant to start the land swap procedure
‰
Main Campus Facilities Master Planning Process
⇒ We are currently starting to update the 5-year Capital Outlay Plan which will be
submitted to the state on July 1, 2009
⇒ We are starting the preparation of an IPP for 2009. That document will be completed
and submitted to the Chancellors Office by July 1, 2009
‰
Science Building FPP
⇒ The IPP was hand delivered to our specialist on June 4, 2008
⇒ An RFQ/P was issued on October 31 for Architectural and Engineering services for the
Science Center Project
⇒ The services will include both the preparation of a Final Project Proposal (FPP) and then
the Architect of Record (AOR) services
th
⇒ The package was due on December 5 and we received a total of 18 proposals
⇒ A total of 5 firms were interviewed on 12/12
⇒ Lionakis, out of Sacramento, was the firm recommended to the Board and they were
approved by the Board on 01/13
⇒ We will now start the FPP process with the users and Lionakis
⇒ We had our kick-off meeting on 02/19-20
⇒ The group will be taking its first benchmarking trip to Cal Poly on 03/09. The plan is to
take at least two more prior to the completion of the FPP
⇒ The FPP will be completed by May 15, 2009 and submitted to the state no later than July
1, 2009
DESIGN PROJECTS
‰
Northeast Landscaping Project
⇒ Bellinger Foster Steinmetz (BFS) has completing the schematic drawings and should be
completed with the working drawings in February 2008
⇒ Construction should begin sometime in the summer/fall of 2008 pending the completion
of the exterior of the CALL Building.
Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901
Phone (831)770-7041 ● Fax (831)770-7040
1
⇒
⇒
⇒
⇒
⇒
In addition to the landscape project, phase I of the sidewalk replacement, which is part
of the west campus EIR, will take place as part of this scope of work.
The project was submitted to DSA on 10/24/08
The project was OTB on 02/09/09
Bid opening will be 03/02/09
Construction will start in March of 2009
‰
Student Center Renovation/Remodel Project
⇒ BFGC is working through the construction/working drawings for the project
⇒ The plans were submitted to DSA on 10/23/08
th
⇒ We received an update that DSA will start reviewing the documents on December 12
this puts us ahead of schedule on DSA review
⇒ Construction will begin in the summer of 2009
‰
PE Renovation Project
⇒ Sugimura and Associates (SAA) presented the plan to the user group on 6/28/07
⇒ The final master plan was received by the District on 8/24/07
⇒ A scaled model was delivered to the District in December 2007 so that the fund raising
efforts can start
⇒ There was a meeting with the fundraising committee and the users to discuss what was
the best course of action on moving forward
th
⇒ Trustee Donahue and I will be having an informational meeting March 13 to explain
what the plans look like and when construction might be starting
⇒ Originally a field house was going to be constructed in Phase I but a change has been
made and a new baseball and softball field will be constructed.
⇒ Some of users went to Canada, Skyline and College of San Mateo to take a look at those
facilities so they could have a better understanding of how they would like to design the
project.
⇒ Programming for the fields is taking place with plans to have them completed and
submitted to DSA on February 26, 2009
⇒ Construction is slated to start in May/June 2009
CONSTRUCTION PROJECTS
‰
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
⇒ Bids were opened November 13, 2008 with a total of 10 GCs bidding the work
⇒ R.A.N. Electrical was the low bidder at $478,000
⇒ R.A.N. started construction on December 8, 2008 and worked over the break and is
progressing as scheduled
⇒ 90% of the light pole bases have been poured but the rain has pushed their schedule but
the plan is to be completed within the next 4 weeks pending material delivery and
weather
Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901
Phone (831)770-7041 ● Fax (831)770-7040
2
‰
Alisal Campus Center for Applied Technology
⇒ Kasavan Architects is the AOR for the project
⇒ Dilbeck construction was awarded the project at the 6/17 board meeting
⇒ Construction will begin in July 2008
⇒ The project will be completed in 2010
⇒ The earthwork and balancing of the site is complete
⇒ Structural steel for wing C and A is complete
⇒ Site concrete continues to be placed
⇒ The wing A and C stab on grades have been poured out
⇒ 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
3
CONSENT ACTION
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Number:
Title:
Minutes of Regular Meeting of
February 3, 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 February 3, 2009.
Summary:
Minutes of the Board of Trustees for are submitted for review and approval as follows:
Regular Meeting of February 3, 2009
Budget Implications:
None
Unadopted
HARTNELL COMMUNITY COLLEGE DISTRICT
MINUTES
Regular Meeting of the Board of Trustees
Board Room (CAB-112)
February 3, 2009
OPEN SESSION
Trustee Donohue called the meeting of Board of Trustees of Hartnell Community
College District to order at 5:03 p.m.
ROLL CALL
Patricia Donohue, President
Kevin Healy, Vice President
Elia Gonzalez-Castro
Juan Martinez (arrived prior to Closed Session)
Brad Rice
Armando Cortes, Student Trustee (advisory vote per Board Policy 1030)
Phoebe K. Helm, Superintendent-President/Board Secretary
ABSENT
Bill Freeman
ADOPT AGENDA
On a motion by Trustee Healy, seconded by Trustee Rice, vote of 4-0, and vote of
Aye (Cortes), 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.
PUBLIC COMMENTS
REGARDING
CLOSED SESSION
There were no public comments on the Closed Session items.
MOVED TO CLOSED
SESSION
The Board of Trustees of Hartnell Community College District,
Superintendent/President, Dr. Phoebe K. Helm moved to Closed Session at
5:04 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.
RECONVENED OPEN Trustee Donohue reconvened the meeting at 6:03 p.m.
SESSION
PLEDGE OF
ALLEGIANCE
Trustee Gonzalez-Castro led the Pledge of Allegiance.
REPORT OUT FROM
CLOSED SESSION
Trustee Donohue reported that there was no action to report out, but that, by
consensus, the Board gave the Superintendent/President direction to explore costcutting measures, including early retirement incentives, and to bring those
recommendations to the Board at the March meeting.
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 1 of 11
PUBLIC COMMENTS
ON OPEN SESSION
ITEMS
Paul Gutierrez, Representative, International Brotherhood of Electrical Workers,
invited the Board and others interested, to a renewable energy conference on
March 13, 2009, 11:00 a.m. – 2 p.m., Monterey Conference Center, Monterey.
PUBLIC HEARING –
NOTICE OF INTENT
TO PROPOSE
CHANGES TO
CONFLICT-OFINTEREST CODE
Trustee Donohue opened the Public Hearing to receive public comments on the
intent to propose changes to the Conflict of Interest Code due to the reorganization
of the college. At their regular meeting of January 13, 2009, the Board reviewed
the proposed changes and opened the 45 day written public comment period.
Dr. Helm clarified that is not a new code, but the hearing is required to enable the
Board to list appropriate titles of employees who must comply with the Conflict of
Interest Code current.
There were no public comments.
PRESENTATIONS
Bond Oversight
Committee
Damon Felice, Felice Consulting Services, gave an update on the college’s current
construction projects. The entire report can be found at:
http://www.hartnell.edu/board/packets/February_2009_Board_Packet.pdf.
In addition, Mr. Felice stated that the Alisal Campus web-cam is now available on
the college’s website: http://www.hartnell.edu/h/.
BOARD
DEVELOPMENT
The Board received revisions to Board Policies 3100 to 3150 submitted by Dr.
Greg Peterson, Associate Vice President. The policies are in draft form and will
be vetted through the Student Senate. The Board will review the policies and
forward all questions, by email, to Dr. Helm. It is anticipated the first reading of
these policies will be at the March meeting. Dr. Helm suggested Trustee Cortes
work with Dr. Peterson and further suggested a blog be created to allow students
to review and comment.
BOARD’S GOALS
FOR THE COLLEGE
Accreditation
Finances
Communication
The Board’s Goals for the College were addressed in the President’s Report,
which can be found at the college’s website:
CONSENT ACTION
ITEMS
On a motion by Trustee Rice, seconded by Trustee Healy, vote 5-0 and vote of
Aye (Cortes), the Board approved Consent Action Items H through I.
ITEMS PULLED FOR
DISCUSSION
Trustee Martinez pulled for further discussion Items A., Minutes of Regular
Meeting January 13, 2009 and C., Board Policies
A. MINUTES
Approved the Minutes of January 13, 2009 as revised. The revision included a
more accurate statement made by Trustee Martinez, Page 2, Presentations.
http://www.hartnell.edu/board/packets/Presidents_Report.pdf.
B. DISBURSEMENTS Ratified disbursements from any or all of the following funds: general; debt
service; bookstore; child development; capital outlay projects; scheduled
maintenance; property acquisition; bond projects; cafeteria; self-insurance; retirees
health benefits; associated student body; scholarship, loan, and trust; and
intercollegiate athletics.
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 2 of 11
C. FINAL
APPROVAL –
BOARD POLICY
REVISIONS
Approved second and final reading of Board Policies 3000, Admission Policy
3005, Open Enrollment and Registration, 3010, Readmission of Academically
Dismissed College Students, 3030, Admission of International Students (F-1
Visa), 3035, Special Admission Policy, 3040, Attendance Policy, 3045, Audit
Policy.
Trustee Martinez asked for further clarification on policies 3000, 3035 and
3040.
Initially, policies 3035 and 3040 were pulled from second and final reading.
After further discussion, Trustee Martinez stated his intention was to receive
further clarification and the policies were approved as revised.
D. SUB-AWARD
FOUNDATION –
CSUMB
Accepted the sub-award grant from the Foundation of California State University,
Monterey Bay from the College Cost Reduction and Access Act (CCRAA), a
Hispanic Serving Institution Grant. The objective is to increase the number of
transfer students to California State University, Monterey Bay from Hartnell
College in science, technology, engineering, and math majors. The amount
awarded is $100,000.
E. CA COMMUNITY
COLLEGE
CAREER
PATHWAY
PROJECT FOR
YOUTH
Accepted an award from the Chancellors Office, California Community
Colleges Career Pathways Projects program to implement a Hartnell
College Youth Entrepreneurship program through its Business Assistance
Center (formerly known as the Small Business Development Center). The
term is December 1, 2008 to January 31, 2010 for $50,000.
F. BAY PROPERTY
MANAGEMENT
AGREEMENT
2009-10
Approved a renewal agreement between Bay Property Management and
Hartnell College for rental properties effective February 4, 2009 through
February 5, 2010. Cost of services provided equals 10% of total rent collected
each month.
G. CURRICULUM
COMMITTEE
Ratified recommendations from the Curriculum Committee.
H. FACILITIES USE
AGREEMENT –
A.U.S.D.
Approved the facilities use agreement with the Alisal Union School District for a
pilot non-credit ESL class for adults at Bardin Elementary School. The term of
the agreement is March 5, 2009 to June 4, 2009. There is no cost to the district.
I.
Approved and/or ratified personnel actions. (Appendix A)
PERSONNEL
ACTIONS
Dr. Helm congratulated Ms. Liz Estrella, who has been serving as Interim Dean,
Development Education since last fall. Through the Board’s actions this evening,
Ms. Estrella moved to the position permanently, based on the recommendation of
the hiring committee. In addition, Beverly Grova, Vice President, introduced
Jacqueline Cruz-Ortega, as the Foundation Office’s Development Officer, a
privately funded position Also, Ms. Grova announced that Ms. Cruz-Ortega was
selected as Citizen of the Year by the Salinas Chamber of Commerce.
Dr. Ryan, Dean of Nursing, introduced MaryAnne Hultgren, Retention Specialist
for nursing students.
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 3 of 11
At this time, Trustee Gonzalez-Castro left the meeting due to a previous
engagement.
ACTION ITEMS
A. BUDGET
REVISIONS
On a motion by Trustee Healy, seconded by Trustee Martinez, roll-call vote of
4-0 and vote of Aye (Cortes), the Board approved budget revisions numbered
8007 to 8064.
B. ACCREDITATION Trustee Donohue stated the Board received a draft of the Accreditation
Progress Report, and that the faculty and staff have through February 4th to
PROGRESS
provide comments. She reminded the Board that she and Trustee Freeman
REPORT
agreed to work on the final draft before mailing to the Accrediting
Commission.
On a motion by Trustee Healy, seconded by Trustee Martinez, roll-call vote of
4-0 and vote of Aye (Cortes), the Board approved the March 1, 2009
Accreditation Progress Report for submission to the Western Association of
Schools and College – Accrediting Commission for Community and Junior
Colleges.
Dr. Helm stated due to the timing and input from faculty and staff there may be
substantive change to the report. Thus, prior to mailing it will be reviewed by
Trustees Donohue and Freeman. Final copies will be mailed to the Board at
the time it is mailed to the Accrediting Commission. Dr. Helm thanked Dr.
Rose for her work and leadership.
C. CCFS-311Q FOR
PERIOD ENDING
DEC. 31, 2008
On a motion by Trustee Healy, seconded by Trustee Cortes, roll-call vote of
4-0 and vote of Aye (Cortes), the Board accepted the required State
Report: Quarterly Financial Status Report (CCFS311Q) for quarter ended
December 31, 2008.
INFORMATION ITEMS
FINANCIAL
STATEMENTS
The Board received the Financial Statements for period ending December 31, 2008.
SENATE REPORTS
Academic Senate: Nancy Schur, Vice President, introduced herself and stated she
had nothing to report.
Classified Senate: Joanne Trevino, Member, introduced herself, stated the Senate
has appointed a representative to the AVP, Career and Economic Development
hiring committee; that Lourdes Sanchez has stepped down as Classified Senate
President; that the Senate would be meeting soon to discuss her replacement, and
would update the Board next month.
Student Senate: None.
PRESIDENT
Dr. Helm reported on matters of interest to the College, which included
accreditation, assessment/planning model, enrollment, budget, and updates
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 4 of 11
regarding spring semester. Dr. Helm’s report can be found on the college’s
website:
http://www.hartnell.edu/board/packets/Presidents_Report.pdf.
BOARD COMMUNICATION
Trustee Cortes expressed his appreciation at being included in the MISA
Trustee Cortes
workshops and thanked the faculty and staff for their work on the reorganization
of the college, registration, and for their commitment to the FELI training.
Trustee Donohue
Distinguished
Alumnus/Alumna Award
Trustee Donohue announced the Board is seeking nominations for the
Distinguished Alumnus/Alumna Award. The applications are available in the
President’s Office.
FUTURE AGENDA
ITEMS
Trustee Martinez – Presentation on Alisal Campus Land Exchange.
ADJOURNMENT
On a motion by Trustee Donohue, seconded by Trustee Martinez, vote of 4-0 and
vote of Aye (Cortes), the Board adjourned the meeting at 7:03 p.m. in honor of
Mr. Eric Price for his on-going commitment in taping board meetings.
NEXT MEETING
The next regular Board of Trustees Meeting is scheduled on March 10, 2009,
5:00 p.m., Hartnell Community College, Governing Board Room (CAB-112),
411 Central Avenue, Salinas.
Patricia Donohue
Board of Trustees President
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Phoebe K. Helm
Board Secretary
Page 5 of 11
Appendix A
THE FOLLOWING PERSONNEL ACTIONS WERE APPROVED AND/OR RATIFIED AT THE
FEBRUARY 3, 2009 BOARD MEETING:
I.
Classification and Compensation
A. Ratify reclassification for Jesse Asinas from Clerical Assistant, Step E, to Administrative
Assistant (#CC-1), Step E, effective retroactively to August 27, 2008. Reclassification
addresses the reorganization of the Maintenance Department.
B. Ratify revised job description, title, and reduce salary range, for vacant classified management
position from Director of Small Business Development Center, Range VIII, to Director of
Business Assistance Center (BAC) at Hartnell College (Grant Funded) (#A-39), Range IX.
Revisions reflect the change to a new center name and subsequent work responsibilities and to
a lower pay range consistent with funding constraints. This is a grant-funded position and will
have no impact on the general fund budget. (Job Description attached as Supplement HR-1).
II.
Appointments
A. Approve appointment of regular management personnel:
1. Elizabeth Estrella, Dean of Developmental Education (#A-45), Step B, effective February
4, 2009. Ms. Estrella has been serving as Interim Dean of Developmental Education since
August 2008.
B. Ratify interim assignment to Management position:
1. Molly Lewis, Interim Director of Community Collaboratives and Articulation (#A-51),
Step A, effective January 1, 2009.
C. Ratify appointment of part-time instructors for Spring Semester 2009:
1. Gerardo Aleu, Math
2. Youssef Arbab, ESL
3. Alejandro Arce, Photography
4. Michael Branstetter, Math
5. Gabriel Bravo, Counseling
6. Catherine Bruno, Psychology
7. Susanne Burns, Theatre Arts
8. Bobby Carrillo, Administration of Justice
9. Amy Cavaluna, Counseling
10. Allison Clark, Psychology
11. Jenny H. Cogswell, English as a Second Language
12. Yvonne D. Eaton, English as a Second Language
13. Julia Edgcomb, Psychology
14. Steve Ettinger, Music
15. William Faulkner, Music
16. Marilu Flores, Spanish
17. James D. Frye, ESL
18. Nora Gaisi, Sociology
19. Richard Givens, Counseling
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 6 of 11
20.
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.
Louthea Griffin, English as a Second Language
Elvia Guzman-Garnica, Counseling
Robert Hale, Meteorology
Lawrence Harris, Political Science
Kristy Holland, History
Michael Holmes, Biology
Dina Hooks, Counseling
Michael Hooper, English
Susan Horcajo, Speech & Spanish
Park Jaeduck, English as a Second Language
Benjamin Jimenez, Administration of Justice
John J. Jones III, Drafting Technology
Adam Littig, Mathematics
Jose C. Lopez, Business
Patricia Lopez, Counseling
Alfred Martinez, Administration of Justice
Ernest Mercuri, Political Science
Dennis Merrill, Health Services
Ann Merville, Anthropology
Michael McNamara, Sociology
Judith Mora, English as a Second Language
Ann Myhre, Art
Samuel Pacheco, History
William Paisley, English
Martha Pantoja, Counseling
Michael Parker, Administration of Justice
Elizabeth Ramirez, Counseling
Kimie Sasaki, Physical Education
Susan Sisson, English as a Second Language
Muhammad Syed, English as a Second Language
Gemma Uribe-Cruz, Counseling
Cheryl J. Victorino, English as a Second Language
Henry Wong, Business
Paul Yun, English
Bushra H. Zaidi, English as a Second Language
Emilia Zuniga, Counseling
D. Ratify appointment of Professional Experts:
1. Cassidy Porter, $50.00/hr, to provide instruction for the Department of Social Services
(DSES), Career and Economic Development, December 1, 2008 to June 10, 2009.
2. Sean Senechal, $30.00/hr, to provide Supplemental Instruction for students in Animal
Health Technology, Academic Learning Center, August 28, 2008 to December 19, 2008.
3. Nora Torres-Zuñiga, $50.00/hr, to provide translation services for Department of Social
Services (DSES), Career and Economic Development, December 1, 2008 to June 10, 2010.
4. Cruz Warwick, $20.00/hr, to provide musical accompaniment for the Music Department,
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 7 of 11
August 18, 2008 to December 19, 2008.
E. Ratify volunteers:
1. Stephen Teresa, Physical Education
2. Michael Ward, Physical Education
3. Lyle Weese, Physical Education
4. Sierra Weese, Physical Education
III.
Special Projects and Stipends
A.
Ratify Special Project Agreement Payments:
1. Daniel Perez, $1,027.36, to develop English lab curriculum to support English classroom
instruction, June 10, 2008 – August 17, 2008.
2. Ken Rand, $65 per hour, 7 hours per week for 22 weeks, to manage the CCRAA Grant as
the Math Co-Director, January 5, 2009 – June 4, 2009.
3. Mary Young-Breuleux, $57 per hour not to exceed 150 hours, to assist with administrative
duties assigned by the Director of Nursing, July 1, 2008-August 18, 2008.
4. Stephanie Snell, $47.86/hr, to assist primary faculty in conducting Nursing Skills
laboratory sessions/testing, and to act as proctor for testing and student ratio requirements,
Nursing Department, October 11, 2008 to December 19, 2008.
5. Alicia Steinhardt, $65 per hour not to exceed $16,380, to manage the CCRAA grant as the
Science Co-Director, January 26, 2009 to June 4, 2009.
6. Frank Alvarado, $115.50 (Adjunct I), for attending the mandatory in-service coach
training for the 2008-09 athletic varsity season, August 12, 2008.
7. Ferdinand Victoriano, $115.50 (Adjunct I), for attending the mandatory in-service coach
training for the 2008-09 athletic varsity season, August 12, 2008.
8. Carlos Volpini, $115.50 (Adjunct I), for attending the mandatory in-service coach training
for the 2008-09 athletic varsity season, August 12, 2008.
9. Pat Young, $115.50 (Adjunct I), for attending the mandatory in-service coach training for
the 2008-09 athletic varsity season, August 12, 2008.
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 8 of 11
DIRECTOR, BUSINESS ASSISTANCE CENTER (BAC) AT HARTNELL COLLEGE
(GRANT-FUNDED)
DEFINITION
Under the administrative direction of the Associate Vice President for Career and
Economic Development, responsible for the coordination and supervision of activities of
the Business Assistance Center; provides in-depth consulting services and formal and
informal training to current and prospective local/regional small business
owners/entrepreneurs with regard to business management practices; facilitates regional
business creation, retention, and expansion; interacts with Federal, State, and local
governmental economic development agencies; and does related work, as required.
SIGNIFICANT RESPONSIBILITIES
Coordinate the development and delivery of programs and services designed to assist area
current and future businesses, owners, and workforces to be successful.
Constantly evaluate the business assistance needs of the region and implement new
programs and/or changes to existing programs, as necessary.
Participate in activities of other related components of Hartnell College, as feasible and
appropriate. Look to involve and leverage current and future campus-wide college services,
educational offerings, faculty, staff, and student initiatives related to, or beneficial for,
business creation, business success, entrepreneurial development, workforce training, the
development of a more competent and prepared labor pool, and the like.
Administer or oversee the successful implementation, service delivery, and timely reporting
of related grants and contracts from the Chancellor’s Office of the California Community
Colleges, participating cities, and other entities that have provided grants, contracts, and/or
awards in support of the Business Assistance Center.
Meet with current and/or prospective local/regional small business owners to provide:
•
general counseling regarding business management practices,
•
specific technical assistance in planning and/or marketing and/or financing, and
•
training, educational, mentoring, and related services to assist current and prospective
business owners to achieve their business objectives.
Provide additional services to business owners and other cohorts supported by grants and
contracts to the Center, such as services directed to youth as part of the Youth
Entrepreneurship Program, services directed at the development of a trained and qualified
workforce, workplace training, services in conjunction with our area Workforce Investment
Board and various Industry Advisory Committees, for example.
Market Center programs by making presentations to local and regional business and civic
groups and organizations.
Maintain network of resource business assistance organizations, business professionals, and
economic development agencies.
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 9 of 11
Maintain a database and accessible listing of services, materials, and educational modules
designed to assist current and future business owners and entrepreneurs develop and mature
those practices and perspectives that sustain business success.
Develop speeches for presentations and/or articles for publication, as necessary.
Facilitate creations of systems and sites for delivery of Center services; facilitates creation
of business seminar series offerings.
Prepare and monitor program budgets.
Prepare and/or oversee preparation of reports for the California Community College
Chancellor’s Office (CCCCO), and other granting or contracting entities, as necessary.
Administer Center client records and operational systems to assure audit readiness.
Orient, train, assign, supervise, coordinate, and monitor work performed by staff; plan and
coordinate staff in-service activities for professional growth. Monitor contract compliance
of independent contractor consultants retained by the District to provide specific services.
Interpret, apply, communicate, and explain pertinent laws and/or District and/or external
agency business and/or other regulations, policies, and procedures, as appropriate.
Participate in various District and community committees as required. Establish and
maintain effective and positive relationships with faculty and staff and work collaboratively
with Hartnell College departments.
Operate a computer, assigned software & other equipment.
Perform other duties as assigned.
KNOWLEDGE AND ABILITIES
KNOWLEDGE OF:
Small business development, management, and operating principles and practices
Public and private sector personnel, management and supervision principles and practices
Budgeting and accounting principles and practices
Modern office management and operational practices and procedures
Business financing and financial principles
Marketing, sales, and public relations concepts, principles, and techniques
Principles of planning and feasibility analysis
Program and contract development, management, and evaluation
Principles and practices of business owner and operator training and mentoring
Principles and practices of workforce training and development
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 10 of 11
ABILITY TO:
Maintain effective and cooperative working relationships with campus programs and
personnel, external funding agencies, area economic agencies and service providers, and the
California Community College Chancellor’s Office.
Analyze business needs
Provide one-on-one consulting, training, and service provision to small business
Organize workload and prioritize duties
Analyze data and prepare reports, correspondence, and articles for publication
Prepare and conduct oral presentations to small and large groups
Develop and maintain cooperative and effective working relationships with clients, staff, and
members of the general public from diverse socioeconomic backgrounds using tact, patience,
courtesy and effective listening skills
Communicate effectively orally and in writing
Evaluate and resolve problems
Maintain effective public relations with serviced communities
Use initiative and problem-solving skills in carrying out responsibilities
Work effectively and demonstrate current knowledge of computers and other forms of
advanced technology utilized in providing high quality services
Demonstrate clear evidence of sensitivity to and understanding of the diverse academic,
socioeconomic, cultural, disability and ethnic backgrounds of community college students,
staff and the community.
Understand and interpret rules, regulations and laws related to assigned areas.
Prepare and maintain records and reports related to assigned activities.
Train and evaluate the performance of assigned personnel.
Work independently with little direction.
MINIMUM QUALIFICATIONS
A bachelor’s degree or higher in any subject (business related coursework or Master’s degree
desirable).
Five years experience in business consulting, business management, or related program
management at a community college, community-based organization or in private industry.
DESIRED QUALIFICATIONS
Business related coursework
Master’s degree
HCCD –REGULAR MEETING – FEBRUARY 3, 2009
Page 11 of 11
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Ratify Disbursements of District Accounts
Number:
V. B.
Area:
Office of Support Operations
Supplement OSO-3
Prepared by: Barbara Yesnosky
Status:
Consent Action
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;
Self-Insurance; Retirees’ Health Benefits; Associated Student Body; Scholarship, Loan,
and Trust; and Intercollegiate Athletics
NO OF
DATE
WARRANT NUMBER
WARRANTS
AMOUNT
1/5/09
12687462
12687542
81
$150,719.53
1/12/09
12688907
12689000
94
$411,598.60
1/21/09
12690995
12691121
127
$1,283,781.39
1/28/09
12692654
12692728
75
$306,649.54
Subtotal
$2,152,749.06
Note: legal fees in above summary total $26,348.30
CHECKING ACCOUNTS
General Fund Revolving
DATE
1/09
Subtotal
Total
Budget Implications:
None
WARRANT NUMBER
10083
10086
NO OF
WARRANTS
4
AMOUNT
$14,414.98
$14,414.98
$2,167,164.04
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Transfer of Non-Cash Donations from
Hartnell College Foundation
V. C.
Area:
Status:
Institutional Advancement & Development
Prepared by: Beverly Grova
Consent Action
Recommended Action
That the Board of Trustees accepts the non-cash donations from the Hartnell College
Foundation.
Summary
A listing of non-cash donations received by the Hartnell College Foundation is attached. These
items are for transfer to the College instructional programs.
Budget Implications
None
HARTNELL COLLEGE FOUNDATION
NON-CASH DONATIONS
JUNE 2008 - DECEMBER 2008
DATE REC'D
DONOR
DONATED TO
IN-KIND DONATION
06/11/08
Dr. Allen Hershey
Ag Business & Technology Institute
1988 Ford truck, License #7C47363
VIN#1FTZX1766NNA89314
06/18/08
Kim and Gina Weston
Weston Photography Education Association
Visual Arts Department
Nine gallons of photo chemicals
Twelve rolls of film
Two hundred fifty sheets of photo paper
07/17/08
Richard Lookinghawk
Carmel Valley Veterinary Hospital
Animal Health Technology Program
1-Konica X-Ray Processor
1-Idexx
1 Idexx Vet-Test
Vet Test Analyzer
1-X-Ray Viewing Boxes
1-Idexx Vet-Lyte Blood Analyzer
07/17/08
Judy Force, D.V.M.
Denistry for Animals
Animal Health Technology Program
1 EVA Digital Imaging System
(Sensor & Software for Dental X-Ray unit)
07/17/08
Dr. Frank Kocher
Ocean View Veterinary Hospital
Animal Health Technology Program
Books for AHT Library:
The Veterinary Clinics of North America
(various years)
07/17/08
Monterey-Salinas Transit
Diesel Technology Program
Two Ford Aerotech 2002 - 17 passenger minibus
Vehicle ID#1FDWE4502HA24931
Vehicle ID#1FDWE12HA24940
07/31/08
Marty Manson, Project Director
Monterey Bay Aquarium
Maintenance
42 Chairs and 1 mobile chair cart
08/06/08
Dorothy Bellville
Diesel Technology Program
One E-Z Go Workhorse
12/30/08
Jane E. Hagen
Visual Arts Department
1 Nikon N5005 camera
1 Ricoh 35 mm SLR camera
4 Lenses w/ one can of Dustoff
1 Argus camera
2 filters
1 Tele converter
1 Flash bracket w/ flash unit
1 Nikon video tape-instructional
1 Tripod
12/30/08
Carol Kimbrough
Visual Arts Department
1 Minolta Maxxum 3xi, w/ 35-70 mm AF 200m
and 2 lithium batteries
1 Pentax MX w/ 50mm macro
1 Pentax MI w/ 50mm lens, 80-205 zoom, 28 mm
p
1AFGA point
and shoot
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Approval of Final Proposal to Commission
Sculpture of William Hartnell and Maria
Teresa de la Guerra from Artist, John Cerney
Number:
Area:
Office of Institutional Advancement
Prepared by: Beverly Grova
Status:
V. D.
Consent Action
Recommended Action:
That the Board of Trustees approves the final proposal to commission a sculpture of William
Hartnell and Maria Teresa de la Guerra.
Summary:
Request that the Board of Trustees approve the donation from the Hartnell College Foundation
of a commissioned sculpture by artist, John Cerney. Individual donors, including some of the
Hartnell descendants, have contributed restricted funds specifically for this purpose which are
being held in a Foundation account. The location is to be on an outside wall in the proximity of
the parking circle. Subject of the sculpture is to be William Hartnell and Maria Teresa de la
Guerra per the conceptual design submitted by the artist.
Budget Implications:
All costs to be covered by private donations.
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Approve Amendment to Memorandum of
Understanding (MOU) for the Career
Technical Education Community
Collaborative Project
Number:
Area:
Office of Institutional Advancement
Status:
V. E.
Consent Action
Prepared by: Beverly Grova
Recommended Action:
That the Board of Trustees approve the amendment to the Memorandum of Understanding for
the Career Technical Education Community Collaborative Project between Hartnell
Community College District and the Salinas Union High School District.
Summary:
The Memorandum of Understanding requests implementation of the Career Technical
Education Community Collaborative grant, a collaborative effort between Hartnell College and
the Salinas Union High School District and describes the responsibilities of each. It expands
career technical education opportunities for middle school and high school students and
improves linkages between career and technical curricula of the public schools and community
colleges.
The grant addresses gaps in services or lack of services to a population that is mostly low
income, and underrepresented with low levels of educational attainment in Monterey County.
Through the grant, Hartnell College’s Monterey Bay Career Technical Education Community
Collaborative will be able to target career technical education career pathways in five sectors—
agriculture, construction/industrial technology, engineering, healthcare, and hospitality and will
utilize resources of extensive, existing partnerships including significant industry support.
Budget Implications:
The amended amount of the Memorandum of Understanding is $275,000 out of the total grant
award of $375,000.
Source of Funds:
Federal $
State $275,000
Other $
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Approve an Extension to an Agreement
between Facilities Planning and Consulting
Services and Hartnell College
V. F.
Area:
Status:
Facilities
Prepared by Gary Hughes
Consent Action
Recommended Action:
That the Board of Trustees approves an extension to an agreement between Facilities Planning
and Consulting Services and Hartnell College.
Summary:
Mr. Eric Middlestead, owner of Facilities Planning and Consulting Services will provide
professional consulting for the purposes of construction and facilities planning and will be a
liaison between the College and the Systems Office (Chancellor’s Office) in an effort to
increase State and System funding possibilities. Mr. Middlestead will utilize his expertise to
train staff on the FUSION reporting system, which is a reporting mechanism to produce
significant reports required by the System Office and utilized for community college funding
determinations.
Term:
March 11, 2009 – March 9, 2010
Budget Implications:
Cost of the agreement will not exceed $10,000 and will be paid from Measure H bond funds.
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Approve Contract with C3 Engineering for the
Civil Design, Topographic and Utility Surveys
for the New Science Center
Number:
Area:
Status:
Office of Facilities
Gary Hughes
Consent Action
V. G.
Recommended Action:
That the Board of Trustees approves the contract with C3 Engineering for the preparation of the
Civil Design, Topographic and Utility Surveys for the New Science Center Project.
Summary:
As part of the Final Project Proposal (FPP) for the new science center project civil engineering
services need to take place. The state will only fund civil design for work which is 10’ from
the face of a building because of this C3’s scope of work will include civil design both 10’
from the face of the building as well as any other civil design which is needed for the building
to function, topographic and utility surveys.
Therefore, Hartnell College wishes to enter into a contract with C3 Engineering, a Civil
Engineering firm qualified to perform the required services for the preparation of the project
design.
Term:
March 11, 2009- March 10, 2014, with a thirty day written termination clause
Budget Implications:
Not to exceed $50,000 and will be paid with Measure H funds
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Approve Renewal of Lease Agreement with
the United States Department of AgricultureAgricultural Research Station-(USDA) for
1.58 Acres of Alisal Campus Farmland
V. H.
Area:
Status:
Office of Facilities
Gary Hughes
Consent Action
Recommended Action:
That the Board of Trustees approve the agreement with the United States Department of
Agriculture-Agricultural Research Station for the lease of 1.58 acres of Alisal Campus farmland.
Summary:
The United States Department of Agriculture has leased unimproved agricultural farmland at the
Alisal Campus from Hartnell since 1994, when an official lease was developed. The farmland
has been utilized for farm testing & research purposes only.
The lease price, this year, includes an extra $10,000 to move the waterline as specified.
Hartnell and USDA have always enjoyed a close and mutually beneficial relationship. USDA
has and continues to employ Hartnell students and many of their employees have greatly
advanced their careers with the education obtained from Hartnell. Along with on-going
cultivation and maintenance of the land, the USDA has provided maintenance support to the
pasture adjacent to their leased south boundary since 2004. A yearly review and consideration of
this lease is recommended in order to keep current with the College’s Facilities Master Plan.
Term: April 1, 2009 to March 31, 2010 1.58 acres, with a six (6) month notification of
cancellation or early termination.
Budget Implications:
One dollar ($1) per year revenue and up to $10,000 to relocate the waterline
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Delegate to the Superintendent/President the
Authority to Enter into a Contract for K-16
Bridge Program
V. I.
Area:
Status:
Superintendent/President
Consent Action
Prepared by: Dr. Phoebe Helm
Recommended Action:
The college recommends that the Board direct the Superintendent/President to enter into a
contract with the Lewis Center, a non-profit educational research center, and execute a
Memorandum of Understanding with the Lewis Center and participating school districts in the
Hartnell College District. This directive is contingent upon the support of the participating
schools and college for the K – 16 Bridge Program.
Summary:
The K-16 Bridge Program is in its sixth year and has, at least in one high school in the Victor
Valley area, resulted in a high school graduation rate of 95.9% with 100% of those graduates
entering some level of postsecondary education or training. This program was introduced to
the college by Chancellor Woodruff and later by Trustee Gonzalez-Castro. Mr. Chris Piercy, a
high school economics teacher and Director of the K-16 Bridge Program, presented this
information to members of the Hartnell faculty and staff and to the area school superintendents.
His presentation was met with enthusiasm. Mr. Piercy, at the request of the superintendents,
will be presenting this information again on Friday, March 27, 2009 from 1-3 PM in the
theater. Superintendents will be bringing 150 of their teachers, principals and staff and we
anticipate a similar number of faculty and staff from the college.
It is anticipated that the costs will be shared with the school districts and that the two-year
contract will average less than $50,000 per year.
Budget Implications:
Grant funds are available to cover Hartnell College’s portion of the contract.
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Acknowledge bid and Award a contract for the
Hartnell College Northeast Landscape Project
Number:
Area:
Status:
Facilities
Prepared by: Gary Hughes
Consent Action
V. J.
Recommended Action:
That the Board of Trustees acknowledges a bid and awards a contract to DMC Construction, the
lowest responsive bidder for the Northeast Landscape Project.
Summary:
The Hartnell College NE Landscape Project consists of the work located at the corner of
Homestead and Central between the new LRC and CALL Building. The scope of work includes
hardscape, landscaping, lighting and City of Salinas sidewalk, curb, and gutter. This process
involved advertising in the Salinas Californian and in Central Coast Builders Exchanges. The
College held 2 mandatory job walk to familiarize contractors with the project location and
scope. General Contractor bids were opened on Monday, March 2, 2009.
There were a total of six (6) bidders on this project:
Scope
Company
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
General Contractor
DMC Construction
McGuire & Hester
Granite Construction
Robert A. Bothman
Sanchez
Sansei
Location
Monterey, CA
Oakland, CA
Watsonville, CA
San Jose, CA
Non Responsive
Non Responsive
Base Bid ($)
1,024,000
1,110,877
1,013,477
1,066,983
NA
NA
Alternate
Amount ($)
384,069
316,057
419,894
493,583
NA
NA
Total ($)
1,408,069
1,426,934
1,433,371
1,560,566
NA
NA
Budget Implications:
The budget for the above referenced contract is $1,408,069 and will be paid with Measure H
funds.
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Acknowledge bid and develop contract
with Pepsi Bottling Group, an exclusive
beverage supplier
Number:
Area:
Office of Support Operations
Prepared by: Barbara Yesnosky
Status:
V. K.
Consent Action
Recommended Action:
That the Board of Trustees direct the administration to develop a contract with Pepsi Bottling
Group, as exclusive beverage supplier for Hartnell College, and to bring the contract to the
Board at its April 14 meeting for approval.
Summary:
Three bids were received in response to a Request for Proposal for an Exclusive Beverage
Supplier. The bids were reviewed on February 25, 2009 and Pepsi Bottling Group was selected
because it provided the best pricing structure for our consumers/students. The next step in the
process is to develop a contract with Pepsi and bring it to the Board for approval in April.
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Approve Amendment to Agreement with
Universal Protection Services
V. L.
Area:
Status:
Superintendent/President
Consent Action
Prepared by: Dr. Phoebe Helm
Recommended Action:
That the Board of Trustees approves the amendment to the agreement between Hartnell College
and Universal Protection Services for additional security patrol services.
Summary:
There is a need to increase service by 35 hours per week to add an officer to an overlapping
graveyard shift. This will increase the contract to 349 hrs per week for 43 weeks (academic
calendar) and 278 hrs per week for 9 weeks (non-academic calendar). This increases the total
contract to $359,980 from $325,472, a change of $34,507 annually.
Term:
Amend the annual contract amount to $359,980 through June 30, 2011.
Budget Implications:
Cost for services will increase $663.60 per week (35 hrs @$18.96 per hr). Costs are shared
between the unrestricted General Fund and the parking fund, an element of the Restricted
General Fund.
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Ratify Facilities Use Agreement with
Monterey County Office of Education
V. M.
Area:
Status:
Office of Career and Economic Development
Consent Action
Prepared by: Dr. Esteban Soriano
Recommended Action:
That the Board of Trustees ratifies a facilities use agreement with the Monterey County Office
of Education for use of the Head Start Facility.
The term of the agreement is January 19, 2009 to June 1, 2009.
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Approve District’s Response to Findings
and Recommendations of the Monterey
County Civil Grand Jury’s Report
V. N.
Area:
Status:
Superintendent/President
Consent Action
Prepared by: Dr. Phoebe Helm
Recommended Action:
That the Board of Trustees approves the District’s response to the Findings and
Recommendations of the Monterey County Civil Grand Jury’s Report, January 12, 2009.
Summary:
The findings have been acknowledged or denied, in whole or in part, and the
recommendations have been or will have been fulfilled on or before April 30, 2009.
The findings and recommendations addressed the need to make the information on the
website regarding Measure H easier to identify as well as other technical and training matters.
There were no implications of wrong doing.
Note: The report appears behind this response.
Budget Implications:
None
HARTNELL COLLEGE DISTRICT RESPONSE
Findings:
F9.1. Disagree in part. An independent performance audit was conducted annually; however, it
was published as a separate chapter in the Annual Independent District Audit.
F9.2.
Disagree in part. An independent financial audit was conducted annually; however, it was
published as a separate chapter in the Annual Independent District Audit.
F9.3.
Agree in part and have published the audits as separate documents beginning with 20072008.
F9.4.
Agree - the seventh member was appointed April 14, 2003 and the Citizens’ Oversight
Committee (COC) has had seven members since then. One meeting was held in February,
2003 with six members.
F9.5.
Disagree in part – members were selected to represent the designated areas in compliance
with the code; however, the website listing was not kept up-to-date.
F9.6.
Agree – one member served five years instead of four. That member was replaced in
October, 2008.
F9.7.
Agree in part – Chair and Vice-Chair positions on the COC were filled every two years
rather than annually in July.
F9.8.
Disagree – the annual report is published on the District’s website under Measure H.
F9.9.
Agree in part and describe the remedy in the Recommendation section of this report.
F9.10. Disagree – staff are unaware of any document that District failed to produce or which was
viewed by the reviewer as incomplete.
F9.11. Disagree in part with this opinion – District staff and oversight committee members are
highly responsible to the community; however, two administrators had occupied their
positions for less than one year.
F9.12. Agree
Recommendations:
R9.1. Partially Implemented – Completion April 30, 2009
A – Person Responsible: Dr. Phoebe K. Helm, Superintendent/President
B – District has held a workshop on Bond Funds for the Board of Trustees in April 2008 at its
regular meeting in King City.
District staff, Citizens’ Oversight Committee (COC) and the Board Chair participated in a
Bond Workshop in February 2009.
District is developing a power point orientation and training program which will be reviewed
with the Board of Trustees, COC members and District staff. The training will be provided
each time new members are elected or appointed. In addition, this power point will be on the
website for the public as well as the District, the Board, and the COC. This will be effective
on or before April 30, 2009.
R9.2. Implemented
A – Person Responsible: Barbara Yesnosky, Chief Business Officer
B – The District contracts for individual annual performance audits of Measure H. The audits
have always been conducted and have been published separately since 2007-2008
R9.3. Implemented
A – Person Responsible: Barbara Yesnosky, Chief Business Officer
B – The District contracts for individual annual financial audits of Measure H. The audits have
always been conducted and have been published separately since 2007-2008.
R9.4. Implemented
A – Person Responsible:
Phoebe K. Helm, Superintendent/President
James Fitch, Webmaster
B – The District has in place a “tickler file” to ensure appropriate notice, application and selection
of COC members such that the appropriate number of members are maintained, representing
each defined area as specified. The term dates of each is posted. The website lists the names,
area represented, and term dates of each COC member.
R9.5. Implemented
A – Person Responsible:
Phoebe K. Helm, Superintendent/President
James Fitch, Webmaster
B – See R.9.4. above. Memberships will comply with term dates.
R9.6. Implemented
A – Person Responsible: Phoebe K. Helm, Superintendent/President
B – A senior administrator is assigned to participate in all Hartnell COC meetings. The Board of
Trustees will continue to receive oral and written reports at each monthly meeting. Training
will be provided as stated in R9.1.
R9.7. Will be implemented on or before April 30, 2009
A – Person Responsible: James Fitch, Webmaster
B – Measure H will be added to the homepage toolbar on or before April 30, 2009.
R9.8. Implemented
A – Person Responsible: Phoebe K. Helm, Superintendent/President
B – The annual report will continue to be posted on the District’s website
R9.9. Will be implemented on or before April 30, 2009
A – Person Responsible: Phoebe K. Helm, Superintendent/President
B – District is developing a power point orientation and training program which will be reviewed
with the Board of Trustees, COC members and District staff. The training will be provided
each time new members are elected or appointed. In addition, this power point will be on the
website for the public as well as the District, the Board, and the COC. This will be effective
on or before April 30, 2009.
R9.10. Will be implemented on or before April 30, 2009
A – Person Responsible: Phoebe K. Helm, Superintendent/President
B – The Board of Trustees will include Resolution 03:2, in its Board orientation for new
members; Board Development for all members; and, the power point training program
described in R9.1. (on or before April 30, 2009).
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
Title:
Number:
Approve and/or Ratify Personnel Actions
Area:
Human Resources & Equal Employment
Opportunity
V. O.
Status:
Consent Action
Recommended Action:
Approve and/or ratify personnel actions as listed below.
Summary:
Approval of:
1 request for Short-term employment
Ratification of:
1 release of probationary CSEA employee
222 part-time Faculty hires for Spring Semester 2009
8 part-time donated Faculty hires for Spring Semester 2009
20 Professional Expert hires
138 Student Worker hires for Spring Semester 2009
7 payments to Faculty for Special Projects which have been completed or are
being paid on a monthly timesheet basis
Detail:
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
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
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Patrizia Ahlers, Psychology
Gerardo Aleu, Mathematics
Tom Alejo, Auto Collision Repair
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.
Sharon Anderson, Counseling
Wendy K. Angel, Art
Jeff A. Arquero, Nursing. Appointment based on equivalency as follows:
Paramedic license together with seven years’ experience as a paramedic.
Paul Aschenbrenner, Counseling
Zar Aslam, Political Science
Juliet Atkins, Nursing
Tammie Attaway, Psychology
Ed Barber, Physical Education
Michelle M. Beagle, Animal Health Technology
Daniel Beavers, Mathematics
Emilia Benavente, Physical Education
Hillary J. Bennett, Computer Science & Information Systems
Laura Berger, Library Instruction
Virginia Bieger, Chemistry
Barbara Bielas, Nursing
Ronald S. Bird, Chemistry
Olga Blomgren, English
Natalia Bonilla, Agriculture
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
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
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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
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
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
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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
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
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
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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
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
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
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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
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Mike Wheeler, Drafting
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
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
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.
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 preseason & 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
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Vera Amador Rodriguez, Child Development Center, Student Worker III
Justin Andrade, MESA/Math & Science, Student Worker III
Maria Andrade, EOPS, Student Worker II
Thales Araujo, Advancement & Development Office, Student Worker I
Yesmin Arevalo, Developmental Education, Student Worker II
Norma Armenta, Child Development Center, Student Worker I
Samantha Barnthouse, Developmental Education, Student Worker II
Deonna Barth, Math & Science, Student Worker I
Deonna Barth, Developmental Education, Student Worker I
Britanny Batalla, Library/CCRAA Grant, Student Worker I
Brittany Batalla, Library/Media, Student Worker I
Isaac Benavidez, Developmental Education, Student Worker II
Gwendaline Bousquet, Developmental Education, Student Worker II
Thomas Brown, MESA/Math & Science, Student Worker III
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
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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
Juana Hernandez Mandujano, Child Development Center, Student
Worker III
Leidy Hernandez, Developmental Education, Student Worker II
Maria Hernandez, Developmental Education, Student Worker II
Victor Hernandez, Developmental Education, Student Worker I
Deisy Jacuinde Caballero, Child Development Center, Student Worker I
Miriam Juarez, Admissions & Records, Student Worker I
Pyeongsug Kim, Math & Science/Biology, Student Worker IV
Pyeongsug Kim, Developmental Education, Student Worker IV
Juan Ledesma, MESA/Math & Science, Student Worker III
Pedro Lara, Cafeteria, Student Worker I
Monica Lara, Child Development Center, Student Worker I
Juan Ledesman, Developmental Education, Student Worker II
Celestre Lopez, Career & Transfer Center, Student Worker II
Robert Luna, Information Systems, Student Worker III
Robert Luna, Child Development Center, Student Worker I
Yuriana Magana, Child Development Center, Student Worker IV
Elizabeth Manzo, Child Development Center, Student Worker III
Ignacio Maravilla, MESA/Math & Science, Student Worker III
Eunice Mares, King City Education Center, Student Worker III
Adriana Marquez, East Salinas GEAR UP Grant, Student Worker II
Christina Marquez, Admissions & Records, Student Worker I
Marlene Marquez, Child Development Center, Student Worker I
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
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108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
Elizabeth Martin, East Salinas GEAR UP Grant, Student Worker III
Deleynna Martinez, MESA/Math & Science, Student Worker II
Tamkeen Mattu, MESA/Math & Science, Student Worker IV
Nelida Medrano, Child Development Center, Student Worker II
Yesenia Mendez, Developmental Education, Student Worker II
Michael Mifsud, Cafeteria, Student Worker I
Vanessa Montano, TRIO Student Support Services Program, Student
Worker I
Juan Montes, Developmental Education, Student Worker II
Monica Navarro, Cafeteria, Student Worker I
Dinhtruong Nguyenduong, Information Systems, Student Worker III
Magdalena Nowosielska, Chemistry/Math & Science, Student Worker IV
Adan Ochoa, MESA/Math & Science, Student Worker II
Milagros Ochoa Mata, Child Development Center, Student Worker III
Isaac Pardo, Financial Aid Office, Student Worker III
Diana Palacios, Reprographics, Student Worker I
Diana Palacios, Career & Economic Development, Student Worker III
Monica Palomo, MESA/Math & Science, Student Worker IV
Mihir Patel, Developmental Education, Student Worker II
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
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
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
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.
AGENDA ITEM FOR BOARD MEETING OF: March 10, 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.
Budget Implications:
Funds for the above personnel actions are included in the 2008/09 Budget.
ACTION ITEMS
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Ratify Budget Revisions
Number:
VI. A.
Area:
Office of Support Operations
Supplement OSO-2
Prepared by: Barbara Yesnosky
Status:
Action (Roll Call Vote)
Recommended Action:
That the Board of Trustees ratifies Budget Revisions numbered 8065 to 8139.
Summary:
The adopted budget each year represents the best estimate of revenue and expenditures. As the
year progresses and actual amounts are known, budget changes must be made.
Revisions to the adopted budget are subject to approval by the Board of Trustees. Budget
revisions consist of transfers between major object expenditures or from the appropriations for
contingencies, as well as budgetary increases for the use of funds not included in the original
budget.
All budget entry numbers are assigned automatically assuring a complete sequence accounting.
Numeric breaks on the attached report are due to the exclusion of budget transfers, which do
not require Board approval. The accompanying Budget Journal Entry Detail Report was
produced directly from the accounting software.
Budget Implications:
The Unrestricted General Fund budget remains unchanged.
The Restricted General Fund budget increased by $208,500 due to increased revenue to
programs and/or to new programs.
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Adopt Resolution No. 09:1 for Tax &
Revenue Anticipation Notes (TRANs) for
2008-2009
Number:
Area:
Office of Support Operations
Supplement OSO-5
Prepared by: Barbara Yesnosky
Status:
Action (Roll-call)
VI. B.
Recommendation Action:
That the Board of Trustees adopts the Tax & Revenue Anticipation Notes (TRANs) Resolution
2008-2009 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 mid-year TRANs to mitigate the effects of the
apportionment deferrals. This resolution gives the District the authority to issue the notes if the
District needs to borrow. If the administration determines that there will be sufficient cash flow
through June 30, 2009, the administration may elect to not participate in the program at no cost
to the District. This resolution gives 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.
HARTNELL COMMUNITY COLLEGE DISTRICT RESOLUTION
NUMBER 09:1
RESOLUTION AUTHORIZING AND APPROVING THE BORROWING
OF FUNDS FOR FISCAL YEAR 2008-2009; THE ISSUANCE AND SALE
OF A 2008-2009 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 forth 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, 2009 (“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, 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 (i) the interest payable thereon, and (ii) any other money
heretofore 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
(collectively, the “Prior Tax and Revenue Anticipation Notes”), does not exceed eighty-five
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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 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, 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”)
expect to 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 representative of the underwriters or
placement agents appointed in Section 22 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;
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;
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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, 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
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
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DOCSSF/71615v2/022944-0025
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 “2008 Tax and Revenue Anticipation Note,” (collectively, the “Note”) with an
appropriate series designation if more than one note is issued or the District shall have issued
Prior Tax and Revenue Anticipation Notes in fiscal year 2008-09, to be issued in the form of a
fully registered note or notes at 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
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.
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DOCSSF/71615v2/022944-0025
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 a purchaser pursuant to the terms and
provisions of the Purchase Agreement, including the Pricing Confirmation set forth as an exhibit
thereto (the “Pricing Confirmation”). The authorized representatives set forth in Section 23
hereof, or the designated deputy thereof (the “Authorized Representatives”), each alone, are
hereby authorized and directed to execute and deliver the Purchase Agreement, 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 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 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
5
DOCSSF/71615v2/022944-0025
the Series of Note Participations represent.
book-entry form.
Such Note Participations may be delivered in
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 defined herein, if any, and will also be set forth in the
Final Official Statement defined herein, if any. The Authorized Representatives, each alone, 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.
To the extent necessary, the Legislative Body hereby approves the preparation of a
preliminary official statement (the “Preliminary Official Statement”) and a final official
statement (the “Final Official Statement”) in connection with offering and sale of the Note
Participations. 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, if
any. Upon inclusion of the information relating to the District therein, the Preliminary Official
Statement, 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, 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 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
6
DOCSSF/71615v2/022944-0025
Preliminary Official Statement, 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.
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. The obligation of the District to Owners is a several and not a joint obligation
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DOCSSF/71615v2/022944-0025
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. 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. 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.
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,
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. 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). To the extent that the Pledged Revenues
have been previously pledged as security for the payment of principal of and interest on any
Prior Tax and Revenue Anticipation Notes (a “Prior Pledge”), the pledge created herein shall be
subordinate to such Prior Pledge. 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
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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 “2008B 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 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.
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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.
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
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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
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
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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.
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
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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,
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
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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, together with the principal amount of any Prior Tax and Revenue Anticipation
Notes plus the interest thereon if the District Note is subordinate to any Prior Tax and Revenue
Anticipation Notes, on the date of issuance of the District’s Note, 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
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.
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(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 2008-2009 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
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
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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 2008-2009 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 “2008-2009 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”:
(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
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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:
(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
17
DOCSSF/71615v2/022944-0025
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
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
18
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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;
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
19
DOCSSF/71615v2/022944-0025
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 Legislative Body 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 Legislative Body 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
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
20
DOCSSF/71615v2/022944-0025
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 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)
To the extent required by law, 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 each nationally recognized municipal securities information
repository or to the Municipal Securities Rulemaking Board, and to any State of California
information depository, 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
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
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DOCSSF/71615v2/022944-0025
Dissemination Agent agrees to file with the Municipal Securities Rulemaking Board and the
State Repository.
(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.
(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
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DOCSSF/71615v2/022944-0025
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.
Section 23. Resolution Parameters.
(a)
Name of District: Hartnell Community College District
(b)
Maximum Amount of Borrowing: $5,000,000
(c)
Authorized Representatives:
TITLE
(1) Chair, Board of Trustees
(2) Superintendent/President
(3) Associate Vice President for Support Operations
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DOCSSF/71615v2/022944-0025
Section 24. Effective Date. This Resolution shall take effect from and after its
date of adoption.
PASSED AND ADOPTED by the District this 10th day of March, 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
2008 TAX AND REVENUE ANTICIPATION NOTE, SERIES B*/
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).
DOCSSF/71615v2/022944-0025
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”). 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 To the
extent that the Pledged Revenues have been previously pledged (a “Prior Pledge”) as security for
the payment of principal of and interest on any 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, the pledge created hereby shall be
subordinate to such Prior Pledge. 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.
DOCSSF/71615v2/022944-0025
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.
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 Trustees:
DOCSSF/71615v2/022944-0025
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
DOCSSF/71615v2/022944-0025
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Adopt Resolution No. 09:2
Affidavit to Support Enrollment Report
Number:
Area:
Status:
Office of Student Affairs
Prepared by: Dr. Greg Peterson
Action (Roll-call)
VI. C
Recommended Action:
The Board of Trustees adopts Resolution No. 09-2, Affidavit to Support Enrollment Report.
Summary:
We had a technical problem with our computer system that gathers FTES information for our
computer lab classes (PAC hours) which caused us to lose attendance data from August 18thSeptember 25th in our computer lab. We estimate these six weeks of attendance to be 3,023.9
hours.
We are requesting approval from the Chancellor’s Office to use all attendance hours earned
from our computer lab for the fall 2008 semester which is a total of 13.67 FTES on our annual
attendance report that will be supported by enrollment and attendance analysis.
Budget Implications:
The College will get to claim 13.67 FTES for the fall 2008 computer lab sections.
RESOLUTION OF THE BOARD OF TRUSTEES OF THE HARTNELL COMMUNITY COLLEGE DISTICT RESOLUTION NO. 09:2, AFFIDAVIT TO SUPPORT ENROLLMENT REPORT WHEREAS, during the process of collecting positive attendance data, a technical problem in our computer server was discovered which resulted in an estimated FTES that were not captured by our lab attendance system; and WHEREAS, the Hartnell Community College District staff contacted the State Chancellor’s office to verify the correct procedure for claiming FTES when records are lost or destroyed, and requested approval to include hours not supported by District records; and WHEREAS, the State Chancellor’s Office asked Hartnell Community College District staff to respond to a series of questions about the nature of the problem, and the district staff submitted the responses to the State Chancellor’s Office; and WHEREAS, the State Chancellor’s Office reviewed the responses and indicated that they would approve the FTES claim as submitted, provided that the Board of Trustees of the Hartnell Community College District approve the amount being claimed, per Title 5 code section 58031 which states, “Whenever any attendance records of any district have been lost or destroyed, make it impossible for an accurate report on full‐time equivalent students (FTES) for the district for any fiscal year to be rendered, which fact shall be shown to the satisfaction of the Board of Governors shall estimated the FTES of such district. The estimated FTES shall be deemed to be the actual FTES for that fiscal year for the making of apportionments to the district from the State School fund.” now; THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Hartnell Community College District does hereby approve the inclusion of 13.67 FTES in the District’s annual attendance report that staff believes was generated by not captured by the attendance system and hereby declares that this resolution shall serve as an affidavit of this fact. Adopted: AYES: NOES: ABSENT: ABSTAINED: Ms. Patricia Donohue Board President AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Adopt Resolution 09:3, Board
Compensation for Trustee Freeman
VI. D.
Area:
Status:
Board of Trustees
Action
Recommended Action:
That the Board of Trustees adopts Resolution 09:3, Board Compensation for Board Meeting of
February 3, 2009 that he missed due to illness.
Information
In accordance with California Education Code 72425 (c) and Governing Board Policy 1100 –
“Meeting Attendance/Compensation of Board Members,” Board Members absent from meetings
may be compensated for attendance as authorized by Section 72425 when the member is, at the
time of the meeting, performing district services, is ill, on jury duty or suffering a hardship
deemed acceptable to the Board. To warrant the payment of compensation under these
conditions, a resolution shall be adopted finding one or more of the above conditions to exist,
and such resolution shall be included in the board minutes. Compensation for absences due to
performance of district services, jury duty, illness or hardship, shall be limited to two (2)
occasions in any one calendar year.
Budget Implication:
None
HARTNELL COLLEGE
RESOLUTION NO. 09-3
BOARD COMPENSATION – TRUSTEE BILL FREEMAN
FOR BOARD MEETING OF 02-03-09
WHEREAS, California Education Code Section 72425(c) states that “A member
may be paid for any meeting when absent if the Board by resolution duly adopted and
included in its minutes finds that at the time of the meeting he or she is performing
services outside the meeting for the community college district, he or she was ill or on
jury duty, or the absence was due to a hardship deemed acceptable by the board”,
WHEREAS, the Hartnell College Board of Trustees has adopted Board Policy
1100 on the matter of “Compensation of Board Members”, and referenced Education
Code Section 72425(c) and in paragraph one of said policy, and
WHEREAS, Board Member Bill Freeman was absent from the Regular meeting
of February 3, 2009 for the reason of illness, and has submitted the required “Credit for
Absence” form to the Superintendent/ President’s Office;
NOW, THEREFORE, BE IT RESOLVED, that the Hartnell College Board of
Trustees adopts Resolution No.09:3 finding that Trustee Bill Freeman absent from said
meeting for reasons deemed acceptable by the Board, and has met all criteria listed in
Education Code Section 72425(c) and Board Policy 1100.
Passed and Adopted on the______________________
Date
Patricia Donohue
Board President
Phoebe K. Helm
Superintendent/President
AGENDA ITEM FOR BOARD MEETING OF: March 10, 2009
Title:
Number:
Approve Amendment to Conflict of
Interest Code
Area:
Office of Human Resources
Prepared by: Terri Pyer
VI. E.
Status:
Action
Recommended Action:
That the Board of Trustees acknowledges the end of the 45-day written comment period
and approves the finalized proposed Conflict of Interest Code to be submitted to the Fair
Political Practices Commission.
Summary:
The District’s Conflict of Interest Code requires certain administrators, all Board
members, and other designated positions to disclose economic conflicts of interest. The
recent reorganization of the District requires an amendment to the District’s Conflict of
Interest Code.
The Board opened a 45-day written comment period at its January 13, 2009, meeting. No
comments have been received by the Human Resources and Equal Employment
Opportunity Office.
This amended code will be submitted to the Fair Political Practices Commission with
supportive documents so that the District will be in full compliance with this law.
Budget Implications:
None
INFORMATION ITEMS
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Review and Accept Financial Statements
for Period Ending January 31, 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
January 31, 2009.
Summary:
Financial statements of District funds for the period ending January 31, 2009 are attached for
information.
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF:
March 10, 2009
Title:
Accreditation Progress Report –
March 1, 2009
Number:
Area:
Status:
Information
VII. B.
Superintendent/President
Prepared by: Dr. Phoebe K. Helm
Summary:
The Board of Trustees approved a draft version of the Accreditation Report at its regular
meeting February 9, 2009 and directed of Mr. Freeman and Chairman Donohue as subcommittee to read, review, and approve the final report to be mailed to the Accreditation
Commission prior to March 1, 2009. The sub-committee met with Dr. Rose, Ms. Pyer, and Dr.
Helm on February 23rd and approved the final edits to the report. The report will be followed
by a team visit, probably in April.
This report is the third and final report required to fully resolve the seven recommendations and
two concerns expressed by the Commission when they placed the college on probation, June
29, 2007. Specifically, because federal regulations require that all of these matters be fully
resolved within 24 months of initial notification, this final step can be thought of as an “A to F”
option. That is, if the college fails to fully resolve the recommendations and concerns, it could
lose accreditation in June, 2009. Given the progress we have made, we have every reason to
believe that will not be the outcome of this report and visit. The college has made significant
progress and is increasingly more aware of and committed to continuous improvement
processes. The amount of education, training, and hard work for the past 20 months has been
evident at all levels: board, faculty, staff, and administration. To reach full resolution, these
processes for continuous improvement must be on-going, systematic and sustainable. We
believe the college has the processes in place and the collective will to reach that standard.
This third report – March 1, 2009 – addresses Recommendations 2, 3, and 4 and Commission
Concern 2. We believe we have resolved Recommendations 2 and 3 and Commission Concern
2 at the sustainability level and that Recommendation 4 – Student Learning Outcomes – has
been resolved at the developmental level as required by the standards set forth by the
Commission. A hard copy of the report was mailed to the board and posted on the college
website at www.hartnell.edu/accreditation.
If the Commission determines that we have been successful in addressing their
recommendations and concerns, the college will return to a regular reporting status. That
means that our next report – the Mid-Term Report – will be due March 9, 2010.
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Recognize Physics Students
VII. C.
Area:
Status:
Superintendent/President
Prepared by: Dr. Phoebe K. Helm
Information
Summary:
The college recommends that the Board of Trustees recognize our physics students and their
faculty, Dr. Brooke Haag, for achieving the Outstanding Chapter of Society of Physics Students
Award for 2007 – 2008.
The Hartnell College Chapter of Society of Physics Students has been selected as an
Outstanding Chapter for 2007-2008. The students engage in a significant amount of public
science outreach including: 1) making presentations to K-12 students, 2) tutoring MESA
students, 3) doing community service projects such as the Big Sur Marathon and, 4) raising
funds for scholarships.
The students competed with other community college and university students regionally for this
award (see the SPS website at www.spsnational.org to see what other chapters are doing). In
winning this award, these students and Dr. Haag are building on a long tradition of winning
physics students at Hartnell College that began with Dr. Jesse Cude and his students.
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Recognize Matsui Foundation
VII. D.
Area:
Status:
Superintendent/President
Prepared by: Dr. Phoebe K. Helm
Information
Summary:
The college recommends that the Board of Trustees recognize the generosity of Mr. Andy
Matsui for making available to Hartnell College students two twenty thousand dollar ($20,000)
scholarships to complete their Bachelors Degree.
The Matsui Foundation has worked with the Hartnell College Foundation to develop the
process for this award. To apply for this scholarship, Hartnell students will need to provide the
Matsui Foundation with the following information, on or before March 25, 2009:
1. Completed university general scholarship application form.
2. Official copy of student’s lower division transcript.
3. A written essay, not to exceed 250 words on the subject, “The importance of the Matsui
Foundation Scholarship for Me”.
The letter and criteria are attached to this item.
AGENDA ITEM FOR BOARD MEETING OF:
Title:
March 10, 2009
Number:
Retirement Incentives
VII. E.
Area:
Status:
Superintendent/President
Prepared by: Dr. Phoebe K. Helm
Information
Summary:
Progress Report on Discussions with all three unions (faculty, CSEA and L-39) regarding early
retirement incentives.
The unions are polling their members to determine their interest in early retirement incentives.
Retirement counselors will be made available to members to provide information. The district
intends to offer early retirement incentives contingent on verified costs savings. The parties
expect to present a resolution to the Board at its April 14, 2009 meeting.
BOARD OF TRUSTEES
Communication/Conference Reports
FUTURE AGENDA ITEMS
ADJOURNMENT