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SABBATICAL REPORT NATALIE SOBALVARRO

Thank you to the Board of Trustees and specially Dr. Duran for having awarded me the opportunity to go on sabbatical last year. I am pleased to communicate that I was able to complete my proposed goals stated in my request for sabbatical. I will show different snips of different online interactive lessons. Most lessons contain authentic and current materials gathered from my stay in Mexico (Querétaro, Mexico City and Morelos.) Furthermore, each lesson contains one or more types of technological approaches such as hypertext, visual and audio interaction, audio synchronization, video, etc. The target language is also presented in an authentic usage and in a cultural context. I am looking forward to sharing with the Board of Trustees the complexities and outcomes of language delivery enhanced in each online lesson.

UNAPPROVED Merced Community College District

Board of Trustees meeting held December 1, 2009

1. Public Session Call to Order

The Board President (Lew Braxton) called the meeting to order at 4:00 p.m. The meeting was held in the Administrative Conference Room on the Merced College campus in Merced.

2.

The Board President referenced the items to be presented during closed session then closed the meeting to the public. The closed session items are listed below.

Closed Session Items

• PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE/EMPLOYMENT • CONFERENCE WITH DISTRICT LABOR NEGOTIATOR, Benjamin T.

Duran, to discuss negotiations with CSEA Chapter 274 • DISSOLUTION OF PROPERTY: A governing body may meet in closed

session with its negotiator to consider price and terms of payment in connection with the purchase, sale, exchange or lease of real property. 54956.8

3. Resume Public Session

The public session reconvened at 5:08 p.m.

Members Present:, Lew Braxton, Eva deLong, Jim Glidden, Les McCabe, Eugene Vierra, Robert Haden, Jinet Troost Hiram Dominguez-Cruz Others Present

: Benjamin T. Duran, Marianne Tortorici, Anne Newins, Mazie Brewington, Mike Cuchna, Sue Chappell (Academic Senate), Keith Law (MCFA), Christine Grimaldi (CSEA), Julie Clark, Resham Sandhu, Michael Barba, Cherie Davis, Spencer Bowen (ASMC), Stacey Kellner (Recording Secretary) Trustee Glidden led the Pledge of Allegiance.

Board President Braxton reported out of closed session the Board took action on two separate claims against the District of property damage. The Board voted 4 aye and 3 no to reject the first claim. The Board voted 6 aye and 1 no to reject the second claim.

4. Elect Board President

5.

MSCU (Vierra/Glidden) to elect Lew Braxton as Board President. Elect Board Vice-President

6.

MSCU (Haden/McCabe) to elect Eva de Long as Board Vice-President. Elect Board Clerk MSCU (Glidden/Troost) to elect Jim Glidden as Board Clerk.

7. Board Presentation

8.

Board President de Long presented outgoing Board President Lew Braxton with a gift certificate for a round of golf at Stevinson Ranch to show the Board’s appreciation for his leadership during his term as president of the Board. Trustee Braxton thanked everyone for the gift and for their support of him this past year. Secretary to the Board of Trustees

9.

MSCU (Vierra/McCabe) to authorize Benjamin T. Duran to serve as Secretary to the Board of Trustees. Regular Meeting Schedule of the Board of Trustees

10.

MSCU (McCabe/Vierra) to establish that a regular meeting of the Board of Trustees be held on the first Tuesday of each month and that another regular meeting be held on the third Tuesday of each month if such a meeting is deemed necessary; closed session to be held a time specified in the call for the meeting. The Student Trustee advisory vote was aye.

MSCU (Vierra/Troost) to authorize Benjamin T. Duran to sign necessary reports, documents, agreements, applications, and contracts as authorized representative of the Board, including authorization to act for the District on matters related to Federal and State laws pertaining to the allocation of funds for educational purposes. The Student Trustee advisory vote was aye.

Authorized Agent for the District

11.

Board President de Long asked each named Trustee if they were willing to serve on their respective committee for another year. Each Trustee replied in the affirmative. The committee representatives will be as follows for 2010:

Board Representation on College Standing Committees

Merced College Foundation - Les McCabe

Merced College President’s Circle - Robert Haden (Jim Glidden alternate) Valley Insurance Program Joint Powers Authority - Lew Braxton Audit Committee - Jim Glidden, Eugene Vierra, Eva deLong

Merced County School Board Association – Lew Braxton

12. Hearing of the PublicAn opportunity was provided for members of the public to address the Board on matters of general district business. No one asked to address the Board.

13. None. Additions and/or Changes to the Agenda

14.

a. Presentations

Professor Julie Clark introduced Resham Sandhu and Professor Bob Davies who nominated Resham.

December Student of the Month

Professor Davies stated Resham is a geology student. He helps his fellow students and goes out of his way to be a mentor to them. Professor Davies expressed his appreciation to Resham. Resham said he appreciates being nominated and recognized as an outstanding student.

b. Dr. Tortorici introduced Professor Michael Barba. Professor Barba teaches English and is the co-coordinator of the Puente Program on campus. He was accepted to the PhD program in world cultures at UC, Merced and commenced those studies during his sabbatical.

Sabbatical Report

Professor Barba thanked the Board for their support of his sabbatical leave. His initial focus was to be on American literature and how its formation of canon affected the work of female and ethnic writers, specifically Chicano Literature. He decided not to focus solely on Chicano Literature due to the vast diversity of American Literature as a whole. The knowledge he gained will be of great advantage to his classes. He already sees the payoff to his students.

15. MSCU (Glidden/Braxton) to approve the consent agenda as summarized below. The Student Trustee advisory vote was aye.

Consideration of Consent Agenda

a. Minutes for Meeting held November 3, 2009 b. Contracts as Summarized on Schedule 10-33 c. Warrants, Payroll Registers and Trip Requests as Summarized on Schedule

10-34 d. Resolutions 10-32 through 10-36, Intrabudget Transfers e. Resolution 10-37 through 10-39, Use of Unbudgeted Funds f. Personnel Schedule 10-35 g. Permission to Sell / Donate / Discard District Equipment as Listed on

Schedule 10-36 h. Purchas Orders as Summarized on Schedule 10-37 i. Curriculum Revisions as Listed on Schedule 10-38 j. Donation

16.

To the Board for Discussion and/or Action

a. Dr. Duran acknowledged Lee Anne Hobbs as the past co-chair on the Educational Master Planning Committee with him as well as the driving force behind developing this handbook and calendar. This document is timely as we are in the midst of developing our self-study prior to our visit from the

Master Planning Handbook and Calendar

accreditation team. Sue Chappell also acknowledged Lee Anne for her tremendous work. She thanked the Board for their support while the committee did the work to develop this document. She also thanked Marvin Smith for his openness and communication with the Budget Committee. Dr. Duran drew the Board’s attention to the calendar and the cyclical nature of the planning and timing. Trustee McCabe asked about the faculty representation on the Student Services Master Planning Committee. Dr. Newins addressed his question stating there are not many faculty members in the student services area, and that is why there are fewer faculty on this committee. MSCU (Braxton/Vierra) to approve the Master Planning Handbook and calendar. The Student Trustee advisory vote was aye.

b. Resolutions Honoring Employees Having Completed 30 or 35 Years of Service with the District

Dr. Duran stated there are two individuals who have completed 35 years of service and one who has completed 30 years of service.

MSCU (Haden/Braxton) to adopt the resolution of appreciation honoring Delores Cabezut-Ortiz who has completed 35 years of service with the District. The Student Trustee advisory vote was aye. MSC (Haden/Braxton) to adopt the resolution of appreciation honoring Michael DeAyora who has completed 35 years of service with the District. Trustees Glidden and Vierra voted no. The Student Trustee advisory vote was aye. MSCU (Glidden/Haden) to adopt the resolution of appreciation honoring Lois Cordova who has completed 30 years of service with the District. The Student Trustee advisory vote was aye.

17. a. To the Board for Information

Dr. Duran said this policy addresses the orientation of new board members. Because accreditation standards require review, this policy is brought for review. He read the policy to the Board. He also said the Community College League of California (CCLC) provides a Trustee Handbook on topics related to being a member of the governing board each year. This handbook is sent to the college and any newly elected and appointed Trustees.

Board Policy 2740 Orientation Policy and Plan for New Members

b. Review Board Self-Assessment Criteria and Tool

c.

Dr. Duran explained to the Board review of the Board’s self-assessment process and tool is required by the accreditation standards. He called their attention to the policy, administrative procedure and tool utilized in completing the Board’s self-assessment. He recommended the formation of a sub-committee of the Board to review the policy, tool, and CCLC resource guide to see if what is currently in place is adequate or a new procedure and tool needs to be developed. Our current policy and tool were garnered from the CCLC when we implemented them originally. Trustees Glidden and Braxton volunteered to be the sub-committee members. They will work with Dr. Duran and bring their findings back to the full Board at a later meeting. 2010-11 Budget Development Calendar

d.

Vice President Brewington explained to the Board one of the most significant responsibilities of a community college district is the preparation and presentation of the annual budget. The timeliness and requirements for publication and availability of the district’s budget are specifically outlined in the California Code of Regulations. The process of developing the budget is an ongoing function and must be addressed by the Board and administration throughout the school year. In order to effectively develop a fiscal document that reflects the goals and objectives of the district, the budget process must include a well defined budget calendar that outlines when each component of the budget is to be completed and the responsibility for completion. This calendar has been through the Budget Committee on campus and a sub-committee was developed to work with the Educational Master Planning Committee to insure their calendar and the budget calendar were integrated. Budget Update

Dr. Duran reminded the Board that these budget updates will be coming to the Board every month during these difficult times to keep them abreast of issues.

Vice President Brewington provided a budget update which included the following information:

• On November 18, 2009, the Legislative Analyst’s Office (LAO) released its annual report that contains a five year forecast of the state’s financial condition. The report states California faces a projected $20.7 billion budget shortfall over a two year period. This shortfall results primarily from increases in projected expenditures compared to the enacted State Budget.

• California faces a projected current year deficit of $6.3 billion. • California faces a $14.4 billion operating shortfall for 2010-11. • The LAO forecasts that, absent state action, operating shortfall will

increase in 2011-12 and persist into 2014-2015. There is a large increase in operating shortfalls beginning in 2011-12 due to the expiration of $12.5 billion in temporary tax increases adopted as part of the February budget deal.

• Merced College will face budget challenges in this year and beyond. These challenges include how we will use the ending balance to weather the storm, continued funding for categorical programs, and balancing the possibility of a third year with no new dollars (COLA & growth) while providing full access to programs and services for students.

Dr. Duran shared he has listened to Chancellor Jack Scott and the CEO of the Community College League of California, Scott Lay, talk about the direction for California Community Colleges in the next few years. They both seemed to be alluding to the fact that our mission would be changing and shared their views as follows. The current senior high school class is the largest in California in the history of California. Also, many veterans are coming back to further their education. Next year the UC and CSU systems are cutting enrollments by 50,000 and those students will be coming to us. Many parents will be upset if there are not seats available for those students. It is time to take this huge population of higher education students and find as many seats as we can for them. The question being asked in Sacramento is can we afford to provide physical education classes for seniors when we can’t provide for higher education students? Dr. Duran said all of the above would force community colleges to remove lifelong learning and community enrichment from their missions. Scott Lay asked Dr. Duran to chair a commission on the future of California Community Colleges, which he has accepted in order to be involved in our changing world instead of letting it happen to us. Dr. Duran will also be in contact with Assemblymember Galgiani regarding the master plan rewrite for higher education in California. Dr. Duran has met with Christine Grimaldi, Keith Law and ASMC to discuss a plan to get our legislators here on campus to talk to faculty, staff and students in order to get their input on the plan for higher education. There will be dialogue on campus regarding ways to save dollars and become more efficient on campus in light of preparing for more cuts. Vice President Brewington informed the Board the first of two campus-wide budget forums will take place Monday, December 7, 2009, and invited anyone to come and participate. Trustee Haden expressed his frustration with the legislature, the process taking place, and decisions being made regarding policy. He wants to be sure the Board is involved with these policy decisions, not just informed after the fact. Changes being discussed seem to be done so without taking into consideration the communities that support our campuses and that have passed our bond measures that allowed us to improve our campuses.

e. Student Trustee Dominguez-Cruz informed the Board the ASMC will be working next semester to implement a student representation fee as defined by the Student Fee Handbook and Education Code 16060.5. The fee must first be voted on and passed by 2/3 of the student voting population and approved by the Board of Trustees before it is implemented. If this fee is passed and approved, the implementation will be carefully planned and done as smoothly as possible.

Proposal for the Implementation of the Student Representation Fee

ASMC President, Spencer Bowen, stated this fee would be utilized to increase student representation at the state level. He said at other colleges this fee has allowed for a larger number of students to travel to Sacramento in order to attend rallies and have their voices be heard.

f. Vice President Cuchna and Cherie Davis presented information on the institutional review board which is being developed at Merced College. There are three main reasons to develop this review board and they are: compliance with federal regulations, formalization of our research processes, and having a formal process for requests from internal and external agencies that would like to conduct research at Merced College. They shared the composition of the board, what it will and will not be doing, the mission, and next steps. Discussion occurred.

Merced College Institutional Review Board

18.

Information & Questions

a. Trustee Haden congratulated the new officers and explained the system the Board uses to elect new officers.

From Board Members

Trustee Troost thanked Trustee Braxton for his service as Board President, and thanked Trustee de Long for the treats. She wished everyone a Merry Christmas and Happy New Year. Trustee Glidden wished everyone a Merry Christmas and hopes they enjoy the holidays. Student Trustee Dominguez-Cruz stated the students are being negatively affected due to budget cuts. In response, they are organizing themselves and making alliances with local universities and community colleges in order to make an impact at the state level. This Thursday at 7:00 p.m. in Lesher 111, the Students for Social Justice will hold a forum to inform students of the reasons for these changes on campus and tell them what they can do about them. Trustee McCabe congratulated Trustee Braxton on a job well done as Board President and Trustee de Long on her new role. He referenced an article

from The Orange County Register which quotes Meg Whitman, a California gubernatorial candidate, stating she has spoken to Chancellors and the 10% cut would make California Community Colleges stronger. He wrote a letter to her regarding her comments and shared some of the response he received from her. He also thanked Sue Chappell for the copy of the faculty newsletter. Trustee Vierra thanked Trustee Braxton for his year of service as Board President. He expressed his appreciation for the last guest speaker brought to the Los Banos campus and he hopes the program continues. He expressed his frustration at the instances of graffiti at the Los Banos campus. He would like to see the students recognize the campuses are here for them and by vandalizing the property they are doing themselves a disservice and we should have a zero tolerance on this issue. Trustee Braxton thanked the Board members for their support this last year. He apologized for not being able to attend the ribbon cutting ceremony at the Allied Health complex. A Merry Christmas was wished to everyone. Trustee de Long thanked Trustee Braxton for his leadership last year and asked for everyone’s help and support this next year. She wished everyone a Merry Christmas and better fiscal year next year.

b. Sue Chappell said that last month she attended the senate plenary session and learned quite a bit of information. She had coffee with Scott Lay and shared our community’s needs and demographics. The Senate passed a resolution supporting academic freedom on our campuses. She stated graduation requirements are local college decisions and should not be decided at the state level by the legislators. The master planning process went smoothly and it is very important to accreditation.

From Academic Senate

c. Keith Law informed the Board the list that was distributed to the Board for them to indicate a night during the week that might work for them to join faculty at dinner passed around at last month’s meeting did not make it back to him, so he passed around another list. He offered congratulations to Trustee de Long for becoming the new Board President. He said in hearing stories from other colleges, he is happy to have Dr. Duran as the President of Merced College. The issue of adjunct pay periods has been resolved and they will get paid ten times per year instead of eight. MCFA is looking forward to meeting with our legislators. He wished Happy Holidays to everyone.

From Faculty Association

d.

No one present to report. From Classified Senate

e. From CSEA

Christine Grimaldi congratulated Trustee de Long on her new role as Board President and wished everyone Happy Holidays.

f. Marvin Smith reported there will be a management team meeting this Thursday.

From Management Team

g.

Dr. Duran called attention to the green sheet of upcoming events distributed to the Board. Martha Kanter, Undersecretary of Education, will be our graduation speaker. He wished everyone a Merry Christmas and Happy New Year.

Superintendent's Report

19. Future Discussion Items from Board Members

None

The meeting was adjourned at 7:00 p.m. Approved

Secretary to the Board of Trustees

Schedule 10-39

Contract ResponsibleNumber Description Person

MCN06-3B Catholic Healthcare West dba Mercy Medical Center M. TortoriciMCN05-3C Children's Hospital Central California (Madera)MCRT10-7 Merced MRI Medical GroupMCS08-5B Children's Hospital Central California (Madera)MCS10-8 Saint Agnes Medical CenterMCA10-25 Golden Valley Health CenterMCA10-26 Merced County

Agreements with local health agencies to provide facilities for clinical training at no cost to District.

MC 1873 Agreement with Merced Skimmers to provide M. Brewington$12,636 for use of the Merced College swimmingpool for fiscal year 2009-10.

MC 1874 Agreement with Jennifer Hobbs, M.S.,R.D., to provide M. Tortoricinutritional services to children in the Child Develop- (Categorical)ment Center at a cost of $1,300.

MC1820A Amend agreement with Chancellor's Office to reduce M. Tortoricithe Economic & Workforce Development grant by (Categorical)$103,330 as reflected in the 2009-10 State Budget.

MC1821A Amend agreement with Chancellor's Office to reduce M. Tortoricithe Economic & Workforce Development HUB grant (Categorical)by $91,232 as reflected in the 2009-10 State Budget.

MC1827A Amend agreement with Chancellor's Office to reduce M. Tortoricithe Economic & Workforce Development grant for (Categorical)the Center for International Trade Development (CITD)by $103,330 as reflected in the 2009-10 State Budget.

MERCED COLLEGEOffice of Business Services

Contract SummaryBoard Meeting of January 5, 2010

Schedule 10-40January 5, 2010

A. Warrant RegisterWARRANT #

FUND DATE BEGINNING ENDING AMOUNTGeneral 11/2/09 68458 68567 119,601.41 General 11/9/09 72362 72428 628,006.24 General 11/13/09 75039 75101 158,642.06 General 11/23/09 82022 82075 123,263.27

Categorical 1 11/2/09 68568 68595 17,812.04 Categorical 1 11/9/09 72429 72446 44,124.87 Categorical 1 11/13/09 75102 75112 1,814.63 Categorical 1 11/23/09 82076 82097 74,995.63

Categorical 2 11/2/09 68596 68603 3,889.71 Categorical 2 11/9/09 72447 72456 14,517.50 Categorical 2 11/13/09 75113 75121 7,104.51 Categorical 2 11/23/09 82098 82112 32,600.77

Child Development 11/2/09 68604 68606 5,705.59 Child Development 11/9/09 72457 72457 1,062.14 Child Development 11/13/09 75122 75125 1,082.56 Child Development 11/23/09 82113 82115 854.00

MC Farm 11/2/09 68607 68607 114.32 MC Farm 11/9/09 72458 72462 1,019.78 MC Farm 11/13/09 75126 75130 1,909.22 MC Farm 11/23/09 82116 82120 2,777.04

Capital Projects 11/2/09 68608 68610 420.71 Capital Projects 11/9/09 72463 72464 24,311.21 Capital Projects 11/13/09 75131 75133 8,857.41 Capital Projects 11/23/09 82121 82125 23,393.39

Bond Construction SFID1B 11/9/09 72465 72466 1,471.33 Bond Construction SFID1B 11/23/09 82126 82127 4,762.64

Bond Construction SFID2B 11/13/09 75134 75134 598.50

MERCED COLLEGEOFFICE OF BUSINESS SERVICES

WARRANT REGISTER

WARRANT #FUND DATE BEGINNING ENDING AMOUNTASMC 11/23/09 82128 82129 183.04 Total: 1,304,895.52

B. Payroll Registers:General Fund 11/13/09 524,214.21 Work Study Fund 11/13/09 99,318.00 General Fund 11/30/09 2,407,538.98 Total: 3,031,071.19

Annual totalsJul 2009 1,687,088.01

Aug 2009 3,384,112.45 Sep 2009 2,643,188.66 Oct 2009 3,029,363.21 Nov 2009 3,031,071.19 Dec 2009Jan 2010Feb 2010Mar 2010Apr 2010

May 2010Jun 2010

Total: 13,774,823.52

C. Trip Requests:General Fund 723.00 Categorical I Fund 196.00 Categorical II Fund 10,268.00 Child Development FundMC Farm FundASMC Fund 149.00 Total: 11,336.00

MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

Resolution 10-40

REQUEST FOR INTRABUDGET TRANSFER December 18, 2009 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that the following intrabudget transfers be made in the GENERAL FUND. To: Appropriation Amount From: Appropriation Amount

PASSED AND ADOPTED, this 5th

day of January, 2010, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES_______NOES________ABSENT_________

Signed________________________ Secretary of the Board

Date__________________________

2000 225 5000 340 6000 2,425

TOTAL 2,990

4000 2,990

TOTAL 2,990

GENERAL FUND INTRABUDGET TRANSFER

DECEMBER 18, 2009

5600 Maintenance Other – Maintenance 1,700 – 6400 Equipment – Maintenance 1,700 + To purchase laptop (Brewington) 4300 Supplies – Athletics 632 – 5000 Travel – Athletics 632 + To provide for athletic travel (Duran) 2300 Classified – Athletics 275 – 5300 Tournament Fees – Athletics 275 + To provide for tournament fees (Duran) 4300 Supplies – Athletics 2,680 – 5000 Travel – Athletics 2,680 + To provide for athletic travel (Duran) 4400 Repair Parts – Cafeteria 4,539 – 5000 Subscription – Human Resources 4,539 + To purchase BLR Website - HR & Safety Training (Brewington) 4400 Supplies – Custodial 2,975 – 5600 Laundry – Custodial 2,975 + To provide for laundry supplies (Brewington) 5800 Unallocated – Dean Area 1 2,278 – 4400 Supplies – Dean Area 1 2,278 + To provide for supplies (Tortorici) 5000 Unallocated – Vice President, Administrative Services 4,640 – 4000 Supplies – Purchasing 4,640 + To provide for supplies (Brewington) 5300 Duplicating – Admissions & Records (A & R) 93 – 6400 Equipment – A & R 93 + To provide for lap top and monitor (Newins) 5800 Unallocated - Vice President, Administrative Services 502 – 6400 Equipment - Vice President, Administrative Services 502 + To purchase finisher for copier (Brewington)

GENERAL FUND DECEMBER 18, 2009 PAGE 2 4300 Supplies – Computer Science 135 – 5200 Travel – Criminal Justice 135 + To provide for local travel (Tortorici) 5600 Equipment Repair – Athletics 183 – 4300 Supplies – Athletics 183 + To provide for supplies (Duran) 4300 Supplies – Computer Science 700 – 5300 Duplicating – Criminal Justice 700 + To provide for duplicating (Tortorici) 5300 Advertise – Information Office 1,500 – 4400 Supplies – Information Office 1,500 + To provide for supplies (Newins) 6400 Equipment – Dean Area 5 130 – 4400 Supplies - Dean Area 5 130 + To provide for supplies (Tortorici) 5800 Unallocated – Vice President, Instruction 200 – 4400 Supplies – Vice President, Instruction 200 + To provide for supplies (Tortorici) 5800 Unallocated - Vice President, Instruction 500 – 2300 Classified - Vice President, Instruction 500 + To provide overtime for theater (Tortortici) 4400 Supplies – Dean Area 5 260 – 6400 Equipment – Dean Area 5 260 + To purchase Spanish book (Tortortici)

GENERAL FUND DECEMBER 18, 2009 PAGE 3

SUMMARY

To: From:

2000 Classified 225 5000 Services 340 6000 Equipment 2,425

TOTAL 2,990

4000 Supplies 2,990 TOTAL 2,990


Merced, CA 95348-2898

Resolution 10-41

REQUEST FOR INTRABUDGET TRANSFER December 18, 2009 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that the following intrabudget transfers be made in the CATEGORICAL I FUND. To: Appropriation Amount From: Appropriation Amount



AYES________NOES________ABSENT________ Signed_________________________ Secretary of the Board Date___________________________

1000 2,384 2000 5,345 3000 3,251 4000 325

TOTAL 11,305

5000 10,407 6000 30 7000 38 7900 830

TOTAL 11,305

CATEGORICAL I FUND INTRABUDGET TRANSFER

NOVEMBER 20, 2009

5800 Unallocated – Non Credit Matriculation 2,992 – 2000 Classified - Non Credit Matriculation 2,612 + 3000 Benefits - Non Credit Matriculation 347 + 4400 Supplies – Non Credit Matriculation 33 + To close out carry over budget (Tortorici) 5800 Unallocated – Empower, Merced County Office of Education (MCOE) 6,767 – 7300 In-Intra Fund – Empower, MCOE 6,767 + To provide for salary and benefits (Newins) 4300 Supplies – Career Advancement Academy 96 – 6400 Equipment - Career Advancement Academy 1 – 5600 Contract Services - Career Advancement Academy 97 + To provide for contract services (Tortorici) 4000 Supplies – Center for International Trade (CITD) 882 – 5000 Contract Service – CITD 12,819 – 2000 Classified – CITD 9,160 + 3000 Benefits – CITD 4,541 + To close out carry over budget (Tortorici) 5800 Unallocated – MCOE 417 – 1000 Certificated – MCOE 400 + 3000 Benefits – MCOE 17 + To provide for salary and benefits (Tortorici) 2000 Classified – Matriculation 418 – 5800 Unallocated – Matriculation 1,096 – 1000 Certificated – Matriculation 915 + 3000 Benefits – Matriculation 599 + To provide for salary and benefits (Newins) 5800 Unallocated – Extended Opportunities Programs & Services (EOPS) 13,880 – 6400 Equipment – EOPS 87 – 2000 Classified – EOPS 3,600 + 3000 Benefits – EOPS 192 + 4400 Supplies – EOPS 1,217 + 7600 Other Student Aid – EOPS 8,958 + To close out carry over budget (Newins)

CATEGORICAL I FUND NOVEMBER 20, 2009 PAGE 2 4300 Supplies – Youth Enrichment Program (YEP) 4,999 – 5000 Contract Services – YEP 11,326 – 6400 Equipment – YEP 1,076 – 2000 Classified – YEP 12,320 + 3000 Benefits – YEP 5,081 + To provide for salary and benefits (Tortorici) 5800 Unallocated – Basic Skills 701 – 2000 Classified – Basic Skills 701 + To provide for salary and benefits (Newins) 5800 Unallocated – MCOE 339 – 7300 In-Intra Fund – MCOE 339 + To provide for contract education fees (Tortorici) 5800 Unallocated – Basic Skills 380 – 2000 Classified – Basic Skills 380 + To provide for salary (Newins) 6400 Equipment – Career Advancement Academy 2,400 – 4300 Supplies – Career Advancement Academy 2,400 + To provide for supplies (Tortorici) 4300 Supplies - Career Advancement Academy 4,800 – 6400 Equipment - Career Advancement Academy 4,800 + To provide for folding mobile stages (Tortorici) 5600 Contract Service – Career Advancement Academy 406 – 6400 Equipment – Career Advancement Academy 80 – 2000 Classified - Career Advancement Academy 440 + 3000 Benefits - Career Advancement Academy 46 + To provide for salary and benefits (Tortorici) 4300 Supplies – Career Advancement Academy 2 – 3000 Benefits - Career Advancement Academy 1 + 5600 Contract Service - Career Advancement Academy 1 + To provide for benefits and contract service (Tortorici)

CATEGORICAL I FUND NOVEMBER 20, 2009 PAGE 3

SUMMARY

To: From

:

1000 Certificated 1,315 2000 Classified 28,795 3000 Benefits 10,824 6000 Equipment 1,156 7000 Other Outgo 16,064

TOTAL 58,154

4000 Supplies 7,129 5000 Services 51,025

TOTAL 58,154


Merced, CA 95348-2898

Resolution 10-42

REQUEST FOR INTRABUDGET TRANSFER December 18, 2009 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that following intrabudget transfers be made in the CATEGORICAL II FUND. To: Appropriation Amount From: Appropriation Amount PASSED AND ADOPTED, this 5th


AYES________NOES________ABSENT_________

Signed__________________________

Secretary of the Board Date____________________________

2000 2,545 3000 1,475 4000 29,389 6000 38,853 7000 2,601 7900 3,790

TOTAL 78,653

1000 75,673 5000 2,980

TOTAL 78,653

CATEGORICAL II FUND INTRABUDGET TRANSFER

DECEMBER 18, 2009

2000 Classified - Registered Nurse Economic Development 2,500 – 3000 Benefits - Registered Nurse Economic Development 1,568 – 4000 Test Materials – Registered Nurse Economic Development 31,389 – 5000 Subscription - Registered Nurse Economic Development 14,671 – 6000 Equipment - Registered Nurse Economic Development 25,853 – 7600 Other Student Aid - Registered Nurse Economic Development 6,001 – 1000 Certificated - Registered Nurse Economic Development 78,982 + 7300 Intra Fund - Registered Nurse Economic Development 3,000 + To revise the 2009-10 Registered Nurse Economic Development Grant (Tortorici) 2400 Classified – Certified Nurses Assistant, Vocational & Technical 45 – Education Act (CNA, VTEA) 5000 Travel – CNA, VTEA 25 – 3000 Benefits – CNA, VTEA 70 + To provide for benefits (Tortorici) 6400 Equipment – Auto, VTEA 2,000 – 4300 Supplies – Auto, VTEA 2,000 + To provide for supplies (Tortorici) 5800 Unallocated – State, Disabled Student Services (DSS) 400 – 7600 Other Student Aid – State, DSS 400 + To provide for student aid (Newins) 7900 Contingency – Student Health 3,790 – 5400 Student Insurance – Student Health 3,790 + To provide for increase in student insurance premium (Newins) 6400 Equipment – Supplies & Instructional Equipment, Library Materials 10,000 – 5600 Contract Service - Supplies & Instructional Equipment, Library Materials 10,000 + To provide for online database (Tortorici) 6400 Equipment – Board Financial Assistance Program (BFAP) 1,000 – 5600 Equipment Repair – BFAP 1,000 + To provide for equipment repair (Newins) 1000 Certificated – San Joaquin Regional, Licensed Vocational Nurse (LVN) 3,309 – 3000 Benefits - San Joaquin Regional, LVN 23 + 5800 Unallocated - San Joaquin Regional, LVN 3,286 + Reallocation due to salary savings (Tortortici)

CATEGORICAL II FUND DECEMBER 18, 2009 PAGE 2

SUMMARY

To: From:

1000 Certificated 75,673 5000 Services 2,980

TOTAL 78,653

2000 Classified 2,545 3000 Benefits 1,475 4000 Supplies 29,389 6000 Equipment 38,853 7000 Other Outgo 2,601 7900 Contingency 3,790

TOTAL 78,653


Merced, CA 95348-2898

Resolution 10-43

REQUEST FOR INTRABUDGET TRANSFER December 18, 2009 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that following intrabudget transfers be made in the CHILD DEVELOPMENT FUND. To: Appropriation Amount From: Appropriation Amount



AYES________NOES________ABSENT_________ Signed__________________________ Secretary of the Board Date____________________________

2000 2,100

TOTAL 2,100

3000 2,100

TOTAL 2,100

CHILD DEVELOPMENT FUND INTRABUDGET TRANSFER

DECEMBER 18, 2009

3000 Benefits – California State Preschool Program 2,100 – 2000 Classified - California State Preschool Program 2,100 + To provide for classified part time salaries (Tortorici)

SUMMARY To: From:

2000 Classified 2,100 TOTAL 2,100

3000 Benefits 2,100 TOTAL 2,100


Merced, CA 95348-2898

Resolution 10-44

REQUEST FOR INTRABUDGET TRANSFER December 18, 2009 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that following intrabudget transfers be made in the CAPITAL PROJECT FUND. To: Appropriation Amount From: Appropriation Amount



AYES________NOES________ABSENT_________ Signed__________________________ Secretary of the Board Date____________________________

7300 3,010

TOTAL 3,010

6200 3,010

TOTAL 3,010

CAPITAL PROJECT FUND INTRABUDGET TRANSFER

DECEMBER 18, 2009

6200 LCL Construction – Athletic Project 3,010 - 7300 Inter Fund – Athletics 3,010+ To provide for football game in Quincy (Duran)

SUMMARY To: From:

7300 Inter Fund 3,010 TOTAL 3,010

6200 Equipment 3,010 TOTAL 3,010


Merced, CA 95348-2898

Resolution 10-45

RESOLUTION FOR USE OF UNBUDGETED FUNDS

December 18, 2009 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the GENERAL FUND be increased by $19,001 listed below.

a) 8889 Other Student Fee – Criminal Justice And Rad Tech 9,800 + b) 8899 Other Local Revenue 800 + c) 8980 Inter Fund – Athletics 3,010 + d) 8991 Intra Fund – Registered Nurse Economic Development 5,391 +

a) To augment for P.O.S.T. training materials and Rad Tech materials (Tortorici) b) To augment for photo project (Tortorici) c) To augment for Quincy football game (Duran) d) To augment registered nurse program (Tortorici)


AYES_____NOES______ABSENT_______


Signed___________________

Secretary of the Board Date____________________


Merced, CA 95348-2898

Resolution 10-46


December 18, 2009 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the CATEGORICAL II FUND be increased by $3,794 as listed below.

a) 8650 Categorical Program – SSPire Grant 728 – b) 8980 Inter Fund – Merced College Foundation 4,522 +

a) To amend the SSpire Grant (Newins) b) To provide for testing supplies (Tortorici)


AYES________NOES________ABSENT_________


Signed_____________________

Secretary of the Board Date________________________


Merced, CA 95348-2898

Resolution 10-47


December 18, 2009 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the ASMC FUND be increased by $960 as listed below.

8895 Club Revenue 960 +

To augment from club activities (Newins) PASSED AND ADOPTED, this 5ht day of January, 2010, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES______NOES_______ABSENT_______ Signed_____________________ Secretary of the Board Date______________________


Merced, CA 95348-2898

Resolution 10-48


December 18, 2009 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the WORKSTUDY FUND be increased by $2,496 as listed below.

8991 Intra Fund – Cal Works 2,496 + To augment for increase in Cal Works allocation (Newins)



AYES________NOES________ABSENT_________

Signed____________________ Secretary of the Board Date _____________________

PERSONNEL SCHEDULE 10-41

Jan. 5, 2010 Following are personnel actions which have occurred since the previous meeting of the Board of Trustees:

Faculty/Administrative Employment

A. Regular None

B. Adjunct/Overload Note: Hourly instructional assignments are contingent upon adequate enrollment per class.

Employee Assignment Salary e

Hire Date Aanstad, Jennifer Allh 50 45.74/43.12 Spring 10

Abrescy, Glenn Phed 10e 43.12 Spring 10 e Acheson, Donna Lbst 10, 20 45.74 Spring 10 Ackerman, Donna Engl 01a, a, al 49.28/46.62 Spring 10 e Adamson, Roy Math c 47.50 Spring 10 e Adam-Medefind, Candice Engl 81l, al 48.38 Spring 10 e Addington, Vernal Math 80 45.74 Spring 10 e Allen, James Indt 36d 45.74/43.12 Spring 10 e Alvernaz, Barbara Engl 80l 43.12 Spring 10 Amundson, Sharon Actg 53 42.21 Spring 10 Andersonnoecker, Karen Biol 01l 46.62 Spring 10 e Arthur, Constance Phed 10e 41.36 Spring 10 e Ash, Anita Geog 01 49.28 Spring 10 Austin, Katina Cldv 09 47.50 Spring 10 e Ayik, Kara Engl 83, 81l 45.74/43.12 Spring 10 e Badhesha, Amrit Radt 67b 37.85 Spring 10 e Barboza, Aurora Span 01 47.50 Spring 10 Barnes, Lorraine Phil 10, 01 45.74 Spring 10 Basmajian, Ronald Bio 01l 48.38 Spring 10 Benhissen, Louisa Art 24a,b,25a,b,c,d,28a,b,c,d 44.00/41.36 Spring 10 Beuerman, Merton Chem 02al 46.62 Spring 10 Bhaskar, Hansa Math c 45.74 Spring 10 Bloom, Khaled Geog 01 47.50 Spring 10 Botsford, Stephanie Phed 10e 41.36 Spring 10 Bowers, Brigette Engl, a, al 47.50/44.84 Spring 10 Brantley-Gutierrez, Kathleen LRC 35.22 Spring 10 Brooke, Bob Math 10, 15 47.50 Spring 10 Brown, Sharon Regn 45 41.36 Spring 10

Employee Assignment Salary

Hire Date Bruening, Christopher Psyc 01a 47.50 Spring 10

Brunger, Jacqueline Cldv 02, 34b 45.74 Spring 10 Brunger, Jacqueline Cldv 35 (2) 828 stip Spring 10 Brunger, Jacqueline Cldv 30c (2) 828 stip Spring 10 Bryan, Heather Biol 04l,20,20l 41.36/44.00 Spring 10 e Bultena, John Engl 80, 81,l, al 45.74/43.12 Spring 10 e Burgess, Laura Math a, Phsc 01 49.28 Spring 10 Burnett, Judy Allh 67;Hlth 10 47.50 Spring 10 Burns Terrance Dram 01 47.50 Spring 10 Cameron, Carole Art 01,02 47.50 Spring 10 e Cardoza, David Phed 10d, 70l6, 10f 43.12 Spring 10 e Caredio, Sharon Art 24a, b 44.00/41.36 Spring 10 Carlisle, John Crim 35 44.00 Spring 10 Carter, John Econ 01a 44.00 Spring 10 Carvalho, Suzanne Aom 51, Bus 49mb 44.00/41.36 Spring 10 e Casey Robert Phed 10d, 20,Hlth 10 43.12/45.74 Spring 10 Cates, Karen Engl 80, l 41.36/44.00 Spring 10 Caudle, Nancy Nutr 10 42.21 Spring 10 Chao, Yu-Han Engl a, al 45.74/43.12 Spring 10 e Chambers, Susan Engl 80l 41.36 Spring 10 * Chappell, Susan Cldv 06 ld bank 47.50 Spring 10 Christie, Breanne Ansc 46a,b,70ou 44.00/41.36 Spring 10 e Clamp, Richard Math 91 47.50 Spring 10 e Clark, Steve Gen Counseling 36.94 Fall 09 e Cool, Stacey Chem 02a, al 47.50 Spring 10 Cortes, Sandra Span 01 44.00 Spring 10 e Cook, William Mus 14, 36a 45.74 Spring 10 Cowell, Derek Hist 23 44.00 Spring 10 Cronk, La Von Nutr 10, 45 45.74 Spring 10 e Cruz, Ofelia Phed 10a 43.12 Spring 10 Cuadros, Arthur Real 43 42.21 Spring 10 e Daniel, Mark Psych 01a, 22 45.74 Spring 10 e Darrington, Nancy Engl 81 45.74 Spring 10 Davidson, Gerald WWT62,63,64 45.74 Spring 10 Dees, Kyle LRC 36.94 Spring 10 e Diaz, Lisa Math 80 44.00 Spring 10 Diele, Samuel Real 46 42.21 Spring 10 e Dela Rosa, Robert Fire 66d-county contract 42.21 Spring 10 Doell, Edward Engl 01a, a, al 49.28 Spring 10 e Donaher, Thomas Math a,c, 45.74 Spring 10 e Donovan, Mary Art 15, 24a, 24b 45.74/43.12 Spring 10 e Douglas, Judy Phed 11c 43.12 Spring 10 Drummond, Tomasia Guid 30 44.00 Spring 10 e Duncan, Shelley Phed 10e 43.12 Spring 10 e Eckman, Laura Art 17 a/b/c 42.21/39.59 Spring 10


Hire Date Edmiston, Corey Phed 10e 44.84 Spring 10

Enos, Kathryn Guid 48a,b,c,30 47.50 Spring 10 e Faria, Manuel Mus 14,27a 45.74 Spring 10 Farmer, Virginia Cpsc 30 45.74/43.12 Spring 10 Fiester, Richard Mus 01 47.50 Spring 10 Flanagan, James Engl 80l, 81 41.36/44.00 Spring 10 Flores Clark, Elisa Aslg 01 44.00 Spring 10 e Fragasso, Gerald Biol 50 45.74 Spring 10 French, Susanne Art 17a,b,c 47.50/44.84 Spring 10 e Friedland, Frederic Dram 04,15,16,70e;Phed 10e 49.28/46.62 Spring 10 e Fultz, Bruce Math a 44.00 Spring 10 Garcia Diaz, Maria Span 01 44.00 Spring 10 e Gaugler, Chris Geog 02 45.74 Spring 10 George, Cathy Mus 14 47.50 Spring 10 e German, Nataliya Math 25, 26 49.28 Spring 10 Gilardi, Michelle Gen Counseling 38.70 Fall 09 Gilbert, Catherine Allh 67 45.74 Spring 10 Gilbert, Nancy Geog 01 51.03 Spring 10 e Gilbert, Thomas Math a 47.50 Spring 10 Glaser, Wanda Regn 45 47.50 Spring 10 e Godbout-Avant, Denise Biol 02l 43.12 Spring 10 Gomes, Aaron Phed 10e, h 41.36 Spring 10 Gonzales, Jose Span 10 47.50 Spring 10 Goodfellow, Kimber Biol 01 45.74 Spring 10 Gott, Brian Engl a 47.50 Spring 10 Gouveia, Antonio Elct 43a 45.74/43.12 Spring 10 Guthrie, Joy Sono 37a, 43a 51.03/48.38 Spring 10 e Guzzetta, David Biol 01l, phsc 01 44.84/47.50 Spring 10 Gwartney, Jeff Phot 10b 45.74/43.12 Spring 10 e Harrison, Danny Ansc 50/51 44.00/41.36 Spring 10 Harvey, Elizabeth Hist 17a,b 49.28 Spring 10 Hausmann, Gregory Crim 39 45.74/43.12 Spring 10 Hazel, Anna Crim 06 45.74 Spring 10 Hebern, Walter Cpsc 30 44.00/41.36 Spring 10 Heidelbach, Carin Dram 02,10,11 41.36/44.00 Spring 10 e Heng, Larry Math 90,91 47.50 Spring 10 e Hess, Charles Math 91 47.50 Spring 10 e Hiser, Robert Auto 51, 48f 45.74/43.12 Spring 10 Hoffart, Ronald Psyc 01a 44.00 Spring 10 Hogue, Scott Psyc 23, Guid 54, 80 47.50 Spring 10 e Hollenhorst, Amble Engl a 42.21 Spring 10 I Holmes, Diane Adst 43 44.00 Spring 10 Howard, Charles Comm 01, 05 44.00 Spring 10 e Hoyle, Michael Nutr 42 45.74/43.12 Spring 10 Imel, Kristy Crim 30 47.50 Spring 10


Hire Date Jones, Mabel Hist 04a, 29 49.28 Spring 10

e Kamerer, Carole Art 29a, b,c,d 45.74/43.12 Spring 10 Kanarowski, David Auto 04 42.21 Spring 10 e Keane, Francesca Mus 14 44.00 Spring 10 e Kekahuna, Paul Cpsc 30 45.74/43.12 Spring 10 * Keller, Susan Biol 16l, Ld Bank 44.84 Spring 10 Kelly, Patrick Phed 10c 44.84 Spring 10 Khan Brockbank, Kherstin Comm 05 44.00 Spring 10 Kindle, Thomas Engl a 47.50 Spring 10 Kingsley, James Econ 01a,b 45.74 Spring 10 Kirksey, Randy Art 24a,b,c,d,28a,b,c,d 47.50/44.84 Spring 10 Koch, Mary Allh 60,l 45.74/43.12 Spring 10 Kocolas, Tony Hist 17a, Hist 22 51.03 Spring 10 e Lacey, Edgar Thrive & Survive (3) 380 stip Spring 10 e Lacey, Edgar Mgmt 50i, h, d 42.21 Spring 10 e Lacey, Edgar Mgmt 50f 42.21 Spring 10 e Lane, Jeanne Math 80,c, 42.21 Spring 10 Laney, Lindsay Engl 81l, al 39.59 Spring 10 Lang, Karen Radt 43b 34.30 Spring 10 e Langley, Sheila Cpsc 30 42.21/39.19 Spring 10 Lemos, Frank Phed 10e 44.84 Spring 10 e Linebaugh, Brian Math 80 45.74 Spring 10 Loaiza, Nelson Engl 81 51.03 Spring 10 Lopes, Karen Ansc 40, 41,70t 45.74/43.12 Spring 10 Lor, Noah Hmng 01, 02 47.50 Spring 10 Maharaj, Yogita Engl 84, al 44.00/41.36 Spring 10 e Malekzadeh, Behrouz Math 80,c 47.50 Spring 10 e Malhi, Kuljit Hlth 10 44.00 Spring 10 Maples, Williams Guid 30 45.74 Spring 10 e Martinez, Tony Crim 10 44.00 Spring 10 e Martin Ward, Stephanie Engl 81 45.74 Spring 10 Mason, Carol Math a 45.74 Spring 10 Mattmiller, Carrie Allh 60l 43.12 Spring 10 * Mattoon, Darrell Math A Ld Bank 51.03 Spring 10 Mattos, Weldon Plgl 59 51.03 Spring 10 Maxwell, Gary Auto 62 44.00/41.36 Spring 10 e McGhee, Julie Phed 02 41.36 Spring 10 McKechnie, CL Corr 04 51.03 Spring 10 McMurray, Phillip Bus 18a, 35 49.28 Spring 10 e McNally, Patricia Engl 84 45.74 Spring 10 e McNally, Timothy Econ 01a 44.00 Spring 10 * Meidinger, Stephan Math 04b Ld Bank 49.28 Spring 10 Memley, Melody Aslg 03 44.00 Spring 10 e Mendes, Donna Phed 10e, 15 43.12 Spring 10 Mendoza, Harold Cpsc 30 47.50/44.84 Spring 10


Hire Date Menke, Bruce Biol 06 42.21 Spring 10

Merrill, Derek Engl a, al 47.50 Spring 10 e Mohan, Raj Math c 44.00 Spring 10 e Morrow, George Math 02 47.50 Spring 10 Moua, Pos Engl 84, 81l 49.28/46.62 Spring 10 * Mumford, Jeremy Engl 01b ld bank 49.28 Spring 10 I Nagy, Moria Bio 01l 41.36 Spring 10 Nemana, Lakshmi Biol 01l, 18l 46.62 Spring 10 e Newins, Jack Psyc 25 47.50 Spring 10 Norris, Suzzette Crim 37 44.00 Spring 10 I Nulph, Phillip Psyc 01a, b 44.00 Spring 10 Ortiz, Keri Engl 81l 43.12 Spring 10 Osborn, Sean Hmsv 44.00 Spring 10 R Paystrup, Janice Cldv 9, 7l, 37-sub 44.00/41.36 Fall 09 Paystrup, Janice Clvd 9, 70ca 44.00 Spring 10 e Pena, Araceli Span 02 44.00 Spring 10 e Pennycuff, Zelda Art 06 44.00 Spring 10 e Pierce, T Stephen Hmsv 50, Posc 01 51.03 Spring 10 Piersma, Dick Mech 70ei 44.00/41.36 Spring 10 Pinocchio, Stephen Phed 10d 41.36 Spring 10 * Pistoresi, Jonae Generational Diversity 450 stip Fall 09 Pistoresi, Patty Bus 49m 47.50 Spring 10 Post, Thomas Drft 42b 42.21/39.59 Spring 10 I Pourtarvirdi, Zaya Phys 02a, 10 44.00/41.36 Spring 10 Power, Donald Math 04c 51.03 Spring 10 e Power, Joan Math a 45.74 Spring 10 e Pryor, Robert Biol 01l 46.62 Spring 10 Purcell, Carlton Hist 17a 47.50 Spring 10 e Quiambao, Thomas Math c, Phed 10e 45.74/43.12 Spring 10 Rafel, Harvey Real 42 47.50 Spring 10 e Ratley, Sabrina Biol 01l 39.59 Spring 10 Reed, Carey Crim 01, 06 44.00 Spring 10 e Reid, Elisa Allh 60, l 45.74/43.12 Spring 10 Regalo, Richard Mech 7 47.50/44.84 Spring 10 e Rida, Amal Fren 02 44.00 Spring 10 e Rieg, Kristen Math a 42.21 Spring 10 Riley, James Adst 41, 42b, 45 47.50 Spring 10 e Rivero, Elizabeth Engl 81, l 45.74/43.12 Spring 10 e Rivero, John Math 80 44.00 Spring 10 e Roberts, Kevin Hist 17b 47.50 Spring 10 e Robinson, David Math 80, Cpsc 30 47.50/44.84 Spring 10 Rocha, Melissa Engl 81, l 47.50/44.84 Spring 10 Rodriguez, Leticia Guid 70b, 30 44.00 Spring 10 * Roduner, Stacey Early Childhood Ed 1600 stip Spring 10 * Roduner, Stacey Early Childhood Ed 1600 stip Fall 09


Hire Date Ryan, Adair Lrnr 30 47.50 Spring 10

Salazar, Rene Psyc 01a 44.00 Spring 10 Salmon, Linda Art 15, 24a, 24b 44.00/41.36 Spring 10 R Samra, Malkiat Allh 51 45.74/37.85 Spring 10 Sanchez, Custavo Soc 01 45.74 Spring 10 Sands, Isolina Span 01 47.50 Spring 10 e Serna, Rebecca Phed 10a 43.12 Spring 10 Seymour, Shelly Plgl 60 47.50 Spring 10 e Sharma, Pragneet Radt 43b 36.07 Spring 10 Slate, Rebecca Engl 90 45.74 Spring 10 Smith, Dennell Gen Counseling 36.94 Fall 09 Smith, Victor Engl a, al 45.74/43.12 Spring 10 Snipes, Ronnie Actg 04b, 50b, Cpsc 30 47.50/44.84 Spring 10 Somers, George Cpsc 30 42.21/39.59 Spring 10 Sousa, Jay Phot 10a, 34 42.21/39.59 Spring 10 Sousa, Jon Phot 10a, 11a 42.21/39.59 Spring 10 e Souza, Jennifer Guid 48,30 44.00 Spring 10 e Souza, Stephanie Math c, a 44.00 Spring 10 Spevak, John Engl 80l, 81l 44.84 Spring 10 e Stallman, Robert Biol 01l 44.84 Spring 10 Stocking, Sandra Mus 14 45.74 Spring 10 Stocks, Marc Bus 34, 35, Mgmt 31 45.74 Spring 10 e Sullivan, John Math 20a 44.00 Spring 10 e Supinger, Spencer Math 91 42.21 Spring 10 e Taddeo, Sheila Math a, 80 44.00 Spring 10 Tcheng, Miriam Nutr 10, 45 44.00 Spring 10 Temple, Jeanne Engl 01a, a al 47.50/44.84 Spring 10 e Terry, Ernest Phed 11a 43.12 Spring 10 e Thatcher, David Engl 80 47.50 Spring 10 e Thatcher, Karen Engl 81l 43.12 Spring 10 e Thomas, William Auto 47, 40b 44.00/41.36 Spring 10 Thompson, John Econ 01a 44.00 Spring 10 e Tobin, Thomas Span 01 45.74 Spring 10 Toconis, Michelle Engl 81, a, al 47.50/44.84 Spring 10 e Toscano, Donald Phed 10d 41.36 Spring 10 Upton Benton, Tyffani Comm 05, 04 44.00 Spring 10 e Vera, Pamela Cldv 11, 38 44.00/41.36 Spring 10 e Vierra, Sandra Biol 01, 01l 47.50/44.84 Spring 10 Walsh, Lorraine Mus 43a 47.50 Spring 10 Weathers, Marla Plgl 53 45.74/43.12 Spring 10 Weir, Billy Plsc 70 51.03 Spring 10 e Welter, Linda Phed 10a 43.12 Spring 10 Werness, George Phil 10 51.03 Spring 10 Whalen, James Biol 18, 18l 47.50/44.84 Spring 10 e Whatley, Larry Art 24a, b 45.74/43.12 Spring 10


Hire Date Williamson, Linda Cldv 09 44.00 Spring 10

* Wilson, Krista Chem 02al, 35a 48.38/51.03 Spring 10 e Winburn, John Math 59a2, b2, a 43.12/45.74 Spring 10 e Wunker, Sara Phed 14d1, d2 42.21/39.59 Spring 10 Wynne, Carole Span 01, 02 45.74 Spring 10 e Yahya, Mohamad Hist 17a, Posc 01 47.50 Spring 10 Zabalbeascoa, Julian Engl a, al 45.74/43.12 Spring 10 Zdanowski, Michael Cpsc 30 47.50/44.84 Spring 10 Zepeda, Eva Guid 30 44.00 Spring 10 Zweig, Erica Mus 27a,b 44.00 Spring 10 I InitialHire R Revised * Full-time faculty e equivalency C. Separations None D. Miscellaneous

None

A. Regular Classified/Management Employment

None

B. Hourly/Short-term


Hire Date Ballinger, Ryan Instructor $600 stip 10/3/09-11/21/09

Ballinger, Ryan CS Instructor $2,184 stip 9/1/09-12/4/09 Bell, Betsy Instructor $540 stip 8/31/09-11/19/09 Munoz, Hefzi-ba Tutor $8.40 11/10/09-12/31/09 Olson, Gary CS Instructor $440 stip 10/3/09-11/21/09 Ryder, Jason CS Instructor $310 stip 10/1/09-11/19/09

Stribling Nelson, Patrice CS Instructor $2,640 stip 9/2/09-12/9/09

Takeshi, Saito CS Instructor $390 stip 9/16/09-12/17/09 Van Bebber, Jillian Tutor $8.40 11/10/09-12/31/09 I InitialHire R Revised

C. Separation None

D. Miscellaneous

Employee Assignment Action

Dates Meza, Aida Stu Svcs Clk I Unpaid Child Rearing Leave 1/25/10 – 4/25/10

MERCED COLLEGE Office of the President

BOARD AGENDA BACKUP

PRESENTED TO THE BOARD OF TRUSTEES OF THE

MERCED COMMUNITY COLLEGE DISTRICT AT THE JANUARY 5, 2010, MEETING OF THE BOARD

Schedule 10-42

Item:

Permission to Sell/Donate/Discard District Equipment

Presented By:

Mazie L. Brewington

For: Information Action

X

Background Information

The Purchasing Office has received equipment from various departments declaring that the equipment is no longer needed or suitable for educational purposes. . In accordance with District Administrative Procedure 2240, these items will be made available to other departments within the District prior to the time of their sale or disposal. Merced College uses Ernst Auction Park (License #C2696) for all public sales (private sales, pursuant to Education Code 81452, are still administered by the District’s Purchasing Office). The following list of items will be sold by private sale.

Item # Description Qnty Dept. 1 Task Chairs 2 Various 2 File Cabinets 2 Various 3 Tables 5 Various 4 Printers 7 Various 5 Misc. Computer Equip 7 Various 6 Computers (CPU’s Only) 4 Various 7 Misc. Monitors & TV’s 3 Various 8 Misc. Office Furniture 5 Various 9 Misc. Office Supplies 1BX Various

10 Welders 9 IT 11 Microwaves 2 Various 12 DVD/VCR’s 2 Various

Recommendation/Requested Action

It is recommended that the Board of Trustees declare the above equipment is no longer suitable for educational purposes and authorizes the Administration to dispose of equipment by sale, trade-in, re-donation, or disposal.


BOARD AGENDA BACKUP


MERCED COMMUNITY COLLEGE DISTRICT AT JANUARY 5, 2010, MEETING OF THE BOARD

Schedule 10-43

Item:

Purchase Order Review

Presented By:

Mazie L. Brewington


X


Purchase orders in accounts and funds indicated were issued during this reporting period.

Note: All vouchers, including payments for the above Purchase Orders, are reflected on the Accounts Payable Warrant Report. Purchase Orders dated December 1, 2009, through December 31, 2009, are reflected above. For this period a total of 88 Purchase Orders were processed.


It is recommended that the Board approve all active Blanket Orders and the Purchase Orders listed above.

General Fund (110) $92,213.70Board Designated Fund (121) $0.00Categorical Fund I (123) $6,129.78Categorical Fund II (124) $20,975.52Child Development Fund (330) $0.00Merced College Farm Fund (340) $1,503.28Capital Projects Fund (410) $0.00Bond Construction Fund (420) $35,551.00Los Banos Bond Construction Fund (421) $0.00Total: $156,373.28

CURRICULUM REVISIONS FROM NOVEMBER 19, 2009 MEETING (Changes effective Summer 2010)

Schedule 10-44

GEOG-30 Geography of California COURSE DEACTIVATION

MATH-80 Prealgebra DISTANCE EDUCATION EXPERIMENTAL

MUS-12 History of Classical Music (Classical Era to The Present Day)

CPSC-39 Programming Concepts and Methodology II DISTANCE EDUCATION EXPERIMENTAL/COURSE CHANGES/TITLE 5 CONTENT REVIEW

CLDV-35 Infant and Toddler Development

AOM-53 Advanced Computer Applications COURSE CONTENT CHANGES/TITLE 5 REVIEW

HIST-04A History of Civilization: Part I VOCN-46A Applied Mathematics for Pharmacology

CURRICULUM REVISIONS FROM DECEMBER 03, 2009 MEETING (Changes effective Summer 2010)

ALLH-52 Academic Success for Allied Health Professionals COURSE DEACTIVATIONS

AUTO-55 Basic/Enhanced Emission Control Devices and Servicing COURSE CHANGES/TITLE 5 CONTENT REVIEW

CORR-30 Probation and Parole CORR-41 Correctional Writing CORR-42 Control and Supervision in Corrections CORR-43 Correctional Interviewing and Counseling CRIM-30 Juvenile Procedures CRIM-35 Narcotics CRIM-39 Police Tactics CRIM-49A-ZZ Special Topics in Criminal Justice GEOG-01 Physical Geography VOCN-48 Intravenous therapy/Blood withdrawal

MERCED COLLEGE

Office of the President

BOARD AGENDA BACKUP

PRESENTED TO THE BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT

AT THE January 5, 2010

MEETING OF THE BOARD

Item:

Distance Learning Proctoring Services

Presented by:

Anne Newins

For Information X

For Action


The College’s Assessment Center has been experiencing an increasing number of non-Merced College students wishing to have their tests proctored in an approved setting. These typically are students taking on-line or other distance education classes from institutions such as the Western Governor’s University, UC-Berkeley, etc. When this occurred only rarely, it did not pose an inconvenience or expense. However, as the numbers have increased, the staff members now must spend time and money communicating with students and institutions and mailing test results. The cuts to student services make it necessary to find a way to cover these costs. Many colleges already have begun charging for proctoring tests to outside students. The average rate is about $30 per exam. We believe that this is a reasonable amount, but will review this charge next year to ensure that it is an appropriate charge.

Recommended Action

It is recommended that non-Merced College students be charged $30.00 per exam for test proctoring.

Attachment

Board Policy 5030 Fees

BOARD POLICY 5030 FEES Reference: Education Code Sections 76300, et seq. The Board authorizes the following fees. The Superintendent/President shall establish procedures for the collection, deposit, waiver, refund, and accounting for fees as required by law. The procedures shall also assure those who are exempt from or for whom the fee is waived are properly enrolled and accounted for. Fee amounts shall be published in the college catalogs. Enrollment Fee: Education Code Section 76300

Each student shall be charged a fee for enrolling in credit courses as required by law.

Auditing Fees: Education Code 76370

Persons auditing a course shall be charged a fee of $15.00 per unit per semester. Students enrolled in classes to receive credit for 10 or more semester credit units shall not be charged this fee to audit three or fewer units per semester.

Health Fee: Education Code Section 76355

The Superintendent/President shall present to the board for approval a fee to be charged to each student for student health services. Allowable fees are established annually by the California Community Colleges systems office.

Parking Fee: Education Code 76360

The Superintendent/President shall present for board approval fees for parking for students

Instructional Materials: Education Code Section 76365; Title 5, Sections 59400, et seq.

Students may be required to provide required instructional and other materials for a credit or non-credit course, provided such materials are of continuing value to the student outside the classroom and provided that such materials are not solely or exclusively available from the District.

Physical Education Facilities: Education Code 76395

Where the District incurs additional expenses because a physical education course is required to use non-district facilities, students enrolled in the course shall be charged a fee for participating in the course. Such fee shall not exceed the student’s calculated share of the additional expenses incurred by the district.

Student Representation Fee: Education Code 76060.5

Students will be charged a $1 fee per semester to be used to provide support for student governmental affairs representation. A student may refuse to pay the fee for religious, political, financial or moral reasons and shall submit such refusal in writing.

Transcript Fees: Education Code 76223

The District shall charge a reasonable amount for furnishing copies of any student record to a student or former student. The Superintendent/President is authorized to establish the fee, which shall not to exceed the actual cost of furnishing copies of any student record. No charge shall be made for furnishing up to two transcripts of students’ records, or for two verifications of various records. There shall be no charge for searching for or retrieving any student record.

Nonresident Tuition Education Code Sections 68050, 68051, 68052, 76141 Nonresident students shall be charged nonresident tuition for all units enrolled. No later than February 1 of each year, the Board of Trustees shall adopt a resolution to establish nonresident tuition for the following fiscal year. The fee shall be calculated in accordance with guidelines contained in applicable state regulations and/or the California Community College Attendance Accounting Manual. The Administration shall establish procedures regarding collection, waiver, and refunds of nonresident tuition. International Students Application Processing Fee: Education Code Section 76142

The District shall charge students who are both citizens and residents of a foreign country a fee to process his or her application for admission. This processing fee and regulations for determining economic hardship may be established by the Superintendent/President. The fee shall not exceed the lesser of 1) the actual cost of processing an application and other documentation required by the U.S. government; or 2) one hundred dollars ($100), which shall be deducted from the tuition fee at the time of enrollment.

Distance Learning Proctoring Services: Education Code 70902 (b)(9)

The District receives frequent requests to proctor distance education exam originating from other institutions. Because of the time and material expenses involved, the District will charge members of the public who are not enrolled at Merced College $30 each time a test is proctored. The fee will be reviewed and updated as needed. Test proctoring will take place in the College Assessment Center.

Adopted 3/5/02 Revised 1/10/06 See Administrative Procedures #5030, 5031

ADMINISTRATIVE PROCEDURE 5030 - Fees Reference: Education Code Section 70902(a); Title 5, Section 51012 Enrollment fees Rate as prescribed by the Legislature Nonresident tuition As set by the Board of Trustees annually Health Services Fees As defined by the California Community Colleges systems office Auditing Fee $ 15.00 per unit, except for students enrolled in 10+ units Parking Fee $ 20.00 per semester / $10 during summer session Transcript Fee $ 5.00 (after two free transcripts, $10.00 for next day) Student Body Fee $ 7.00 per semester Return Check Fee $ 30.00 per returned item Subpoena Fee $ 15.00 per request Duplicate Diploma Fee $ 10.00 International Student Application Processing Fee $100.00 Test Proctoring Fee: $30.00 per exam Refund of Fees The following fees may be refunded to the student based upon the following criteria:

Students who withdraw from courses within the first two weeks of a full semester course, or in the case of a non-semester length course, before 10% of the class meetings have passed are eligible for a refund. Refunds will be granted for the following fees:

Enrollment Fees Nonresident tuition Student Health Fee Student Body Fee Parking Fee

Adopted 3/5/02 Revised 10/7/03 Revised 2/3/04 Revised 4/6/04 Revised 9/19/05 Revised 10/4/05 Revised 1/10/06


BOARD AGENDA BACKUP


MERCED COMMUNITY COLLEGE DISTRICT AT THE JANUARY 5, 2010, MEETING OF THE BOARD

Item:

Request to Issue TRAN for 2009-10

Presented By:

Mazie L. Brewington


X


Background On March 3, 2009, the Board of Trustees authorized the Administration to proceed with the issuance of tax and revenue anticipation notes (TRAN) for 2009-10 fiscal year. The District has issued a TRAN in thirteen out of the last fourteen years. The purpose of the TRAN is to increase available cash balances, which provide operating moneys to cover cash shortfalls. In normal years cash shortfalls can arise from the timing differential of monthly cash receipts (mainly tax receipts) and cash disbursements throughout the year. Included in the State Budget solution for 2009-10, was the community college cash deferral totaling $703.0 million. The impact of the cash deferrals was discussed during the presentation of the adopted budget to the Board. The state will begin withholding cash beginning with the January state apportionment allocation and continue through June 30, 2010. The impact of the cash deferral for Merced College is estimated to be $7.3 million. It is important to note, the District must start re-paying the TRAN issued in July 2009 beginning with fifty percent due in January 2010 and the balance due in April 2010. Therefore, when the District will need the use of the TRAN dollars the most they will not be available. To address this problem, the Community College League of California has developed a mid-year TRAN program. This will provide community colleges the necessary cash to continue its business operations from March through June 30. For Merced College, the resolution being presented tonight will authorize the Administration the authority to issue up to $10 million in mid-year TRAN for cash

flow purposes. The attached resolution authorizes the issuance of TRANs by the Merced Community College District in the amount not to exceed $10,000,000. The 2009 TRAN will be dated February 1, 2010, and the maturity will not exceed 6 months. The advantages of participating in the Community College League’s TRAN program rather than an individual financing or another pooled TRANs, are many. The costs are lower because the other participating community college districts share the costs of issuance. There are standardized documentation and credit criteria employed in the financing, as well as a streamlined issuance process. Finally, there is the ability to obtain the highest credit rating on the financing based upon the program’s pool membership. The resolution authorizes various financing documentation, including a purchase agreement and an Indenture, which are on file in the Director of Business Services’ office. The resolution authorizes the Superintendent/President, the Vice President of Administrative Services, and Director of Business Services to sign financing documentation in connection with the issuance of the TRAN. The resolution also appoints the law firm of Stradling Yocca Carlson & Rauth as bond counsel to the District. Stradling is a law firm, which specializes in municipal bond law.

Recommendation/Requested Action:

It is recommended that the Board of Trustees adopt the attached resolution. Attachments

:

Resolution Authorizing the Issuance of 2009 Tax and Revenue Anticipation Note and Participation in the Community College League of California Cash Flow Financing Program.

MERCED COMMUNITY COLLEGE DISTRICT RESOLUTION

NUMBER 10-49

RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2009-2010; THE ISSUANCE AND SALE OF A 2009-2010 TAX AND REVENUE ANTICIPATION NOTE THEREFORE AND PARTICIPATION IN THE COMMUNITY COLLEGE LEAGUE OF CALIFORNIA TAX AND REVENUE ANTICIPATION NOTES PROGRAM

WHEREAS, local agencies are authorized by Section 53850 to 53858, both inclusive, of the Government Code of the State of California (the “Act”) (being Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes;

WHEREAS, the Governing Board (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 operating or capital 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 or accrued to the District’s fiscal year ending June 30, 2010 (“Repayment Fiscal Year”);

WHEREAS, the District hereby determines to borrow, for the purposes set forth above, the Principal Amount by the issuance of the Note (defined herein), in one or more series, on either a tax-exempt or taxable basis, as hereinafter defined;

WHEREAS, because the District does not have fiscal accountability status pursuant to Section 85266 of the Education Code of the State of California, it requests the Board of Supervisors of the County to borrow, on the District’s behalf, the Principal Amount by the issuance of the Note;

WHEREAS, pursuant to Section 53853 of the Act, if the Board of Supervisors of the County fails or refuses to authorize the issuance of the Note within the time period specified in said Section 53853, following receipt of this Resolution, and the Note is issued in conjunction with tax and revenue anticipation notes, in one or more series, of other Issuers (as hereinafter defined), the District may issue the Note in its name pursuant to the terms stated herein;

WHEREAS, it appears, and this Legislative Body hereby finds and determines, that the Principal Amount, when added to (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 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 received in or accrued 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 or accrued to the Repayment Fiscal Year can be pledged for the payment of the principal of the Note and the interest thereon (as hereinafter provided);

WHEREAS, the District has determined that it is in the best interests of the District to participate in the Community College League of California Tax and Revenue Anticipation Note Program (the “Program”), whereby participating local agencies (collectively, the “Issuers”) will simultaneously issue tax and revenue anticipation notes;

WHEREAS, the District desires to have its Note (defined herein) marketed together with some or all of the notes issued by the Issuers participating in the Program;

WHEREAS, RBC Capital Markets Corporation, as underwriter or placement agent, appointed in Section 21 hereof (the “Underwriter”), will structure one or more pools of notes or series of note participations (referred to herein as the “Note Participations”, the “Series” and/or the “Series of Note Participations”) distinguished by (i) whether and what type(s) of Credit Instrument (as hereinafter defined) secures notes comprising each Series by the principal amounts of the notes assigned to the Pool, (ii) whether interest on the Series of Note Participations is a fixed rate of interest or a variable rate of interest swapped to a fixed rate, (iii) whether interest on the Series of Note Participations is includable in gross income for federal income tax purposes, or (iv) other factors, all of which the District hereby authorizes the Underwriter to determine;

WHEREAS, the Program requires the Issuers participating in any particular Series to deposit their tax and revenue anticipation notes with a trustee pursuant to a trust agreement (the “Trust Agreement”) among such Issuers, the District, the California Community College Financing Authority (the “Authority”) and Wells Fargo Bank, National Association, as trustee (the “Trustee”);

WHEREAS, the Trust Agreement provides, among other things, that for the benefit of Owners of Note Participations, that the District shall provide notices of the occurrence of certain enumerated events, if deemed by the District to be material.

WHEREAS, the Program requires the Trustee, pursuant to the Trust Agreement, to execute and deliver the Note Participations evidencing and representing proportionate, undivided interests in the payments of principal of and interest on the tax and revenue anticipation notes issued by the Issuers comprising such Series;

WHEREAS, the District desires to have the Trustee execute and deliver a Series of Note Participations which evidence and represent interests of the owners thereof in the Note and the Notes issued by other Issuers in such Series;

WHEREAS, as additional security for the owners of the Note Participations, all or a portion of the payments by all of the Issuers of their respective notes may or may not be secured either by an irrevocable letter (or letters) of credit or policy (or policies) of insurance or other credit instrument (or instruments) (collectively, the “Credit Instrument”) issued by the credit provider or credit providers designated in the Trust Agreement, as finally executed (collectively, the “Credit Provider”), which may be issued pursuant to a credit agreement or agreements or commitment letter or letters designated in the Trust Agreement (collectively, the “Credit Agreement”) between the Issuers and the respective Credit Provider;

WHEREAS, in the event that a Credit Instrument is unavailable, the District has determined that it is desirable to authorize a portion of the premium or proceeds received from the sale of the Note to be deposited, along with the moneys received from the sale of Notes of other Issuers, into a reserve account to be held by the Trustee pursuant to the Trust Agreement and for the benefit of Owners of the Note Participations;

WHEREAS, the net proceeds of the Note may be invested by the District in Permitted Investments (as defined in the Trust Agreement) or in any other investment permitted by the laws of the State of California, as now in effect and as hereafter amended, modified or supplemented from time to time;

WHEREAS, the Program requires that each participating Issuer approve the Trust Agreement and the alternative Credit Instruments, if any, in substantially the forms presented to the Legislative Body, or, in the case of the Credit Instruments, if any, and if not presented, in a form which complies with such requirements and standards as may be determined by the Legislative Body, with the final form and type of Credit Instrument and corresponding Credit Agreement, if any, determined upon execution by the Authorized Representative of the Pricing Confirmation;

WHEREAS, pursuant to the Program each participating Issuer will be responsible for its share of (a) the fees of the Trustee and the costs of issuing the applicable Series of Note Participations, and (b), if applicable, the fees of the Credit Provider, the Issuer's allocable share of all Predefault Obligations and the Issuer's Reimbursement Obligations, if any (each as defined in the Trust Agreement);

WHEREAS, pursuant to the Program, the Note and the Notes issued by other Issuers participating in the same Series (all as evidenced and represented by a Series of Note Participations) will be offered for public sale or private placement through negotiation with the Underwriter pursuant to the terms and provisions of a purchase agreement or comparable placement agent agreement, as applicable (collectively, the “Purchase Agreement”) or sold on a competitive bid basis;

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

Section 2.

. This Legislative Body hereby finds and determines that all the above recitals are true and correct.

Authorization of Issuance

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

. This Legislative Body hereby determines to borrow solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys to be received by the District for the general fund of the District in or accrued to the Repayment Fiscal Year, by the issuance of one or more series of taxable or tax-exempt note or notes in the aggregate Principal Amount under Sections 53850 et seq. of the Act, designated the District’s “2009-2010 Tax and Revenue Anticipation Note,” with an appropriate series designation if more than one note is issued (collectively, the “Note”) or the District shall have issued Prior Tax and Revenue Anticipation Notes in fiscal year 2009-10, to be issued in the form of a fully registered note or notes in the Principal Amount thereof, to be dated the date of its delivery to the initial purchaser thereof, to mature (without option of prior redemption) not more than 13 months thereafter on a date indicated on the face thereof and determined in the Pricing Confirmation (the “Maturity Date”), and to bear interest, payable on its Maturity Date (and if the Maturity Date is more than 12 months from the date of issuance, payable on the interim interest payment date set forth in the Pricing Confirmation) and computed upon the basis of a 360-day year consisting of twelve 30-day months, or a 365 or 366 day year, as the case may be, and actual days elapsed, at a rate or rates, if more than one Note is issued, not to exceed 12% per annum as determined in the Pricing Confirmation and indicated on the face of the Note (the “Note Rate”). If the Note as evidenced and represented by the Series of Note Participations is secured in whole or in part by a Credit Instrument or such Credit Instrument secures the Note in whole or in part and all principal of and interest on the Note is not paid in full at maturity or if payment of principal and/or interest on the Note is paid (in whole or in part) by a draw under, payment by or claim upon a Credit Instrument which draw or claim is not fully reimbursed on such date, such Note shall become a Defaulted Note (as defined in the Trust Agreement), and the unpaid portion thereof (including the interest component, if applicable, or the portion thereof with respect to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been fully made) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate (as defined in the Trust Agreement). If the Note as evidenced and represented by the Series of Note Participations is unsecured in whole or in part and the Note is not fully paid at maturity, the unpaid portion thereof (or the portion thereof to which no Credit Instrument applies which is unpaid) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate. In each case set forth in the preceding two sentences, the obligation of the District with respect to such Defaulted Note or unpaid Note shall not be a debt or liability of the District prohibited by Article XVI, Section 18 of the California Constitution and the District shall not be liable thereon except to the extent of any available revenues received in or accrued to the Repayment Fiscal Year, as provided in Section 8 hereof.

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 the Trustee in Los Angeles, California.

The Note shall be issued in conjunction with the note or notes of one or more other Issuers as part of the Program and within the meaning of Section 53853 of the Act.

Anything in this Resolution to the contrary notwithstanding, the Pricing Confirmation may specify that a portion of the authorized Principal Amount of the Note shall be issued as a separate series of taxable Note the interest on which is includable in the gross income of the holder thereof for federal income tax purposes (a “Taxable Note”). In such event, the Taxable Note shall be issued with an appropriate series designation and other terms reflecting such taxability of interest income, including without limitation, a taxable Note Rate and a taxable Default Rate; the terms of the Note, and other terms as appropriate, shall be deemed to include or refer to such Taxable Note; and the agreements, covenants and provisions set forth in this Resolution to be performed by or on behalf of the District shall be for the equal and proportionate benefit, security and protection of the holder of any Note without preference, priority or distinction as to security or otherwise of any Note over any other Note.

In the event the Board of Supervisors of the County fails or refuses to authorize the issuance of the Note within the time period specified in Section 53853 of the Act, following receipt of this Resolution, this Board hereby authorizes issuance of such Note, in the District’s name, in one series, pursuant to the terms stated in this Section 2 and this Resolution. The Note shall be issued in conjunction with the note or notes of one or more other Issuers as part of the Program and within the meaning of Section 53853 of the Act.

Section 3. Form of Note

Section 4.

. 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.

Sale of Note; Delegation. Unless sold competitively, the Note as evidenced and represented by the Note Participations shall be sold to the Underwriter or other purchaser pursuant to the terms and provisions of the Purchase Agreement. The form of the Purchase Agreement, including the form of the Pricing Confirmation set forth as an exhibit thereto (the “Pricing Confirmation”), on file with the clerk or secretary of the Legislative Body, is hereby approved. The authorized representatives set forth in Section 23 hereof, or a designated deputy thereof (the “Authorized Representatives”), each alone, are hereby authorized and directed to execute and deliver the Purchase Agreement in substantially said form, with such changes thereto as such Authorized Representative shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the Note Rate shall not exceed 12% per annum, and that the District's pro rata share of Underwriter's discount on the Note, when added to the District's share of the costs of issuance of the Note Participations, shall not exceed 1.0% of the Principal Amount of the Note and the Principal Amount shall not exceed the Maximum Amount of Borrowing. Delivery of an 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 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.

. 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 the Series of Note Participations represent. Such Note Participations may be delivered in book-entry form.

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 the 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 Final 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 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

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.

. The Note shall be marketed and sold simultaneously with the notes of other Issuers and shall be aggregated and combined with notes of other Issuers participating in the Program into a Series of taxable or tax-exempt Note Participations evidencing and representing an interest in several, and not joint, obligations of each Issuer. Except as provided in Section 7(C) herein, the obligation of the District to Owners is a several and not a joint obligation and is strictly limited to the District’s repayment obligation under this Resolution and the Note, as evidenced and represented by such Series of Note Participations.

Section 7. Disposition of Proceeds of Note

(A) The moneys received from the sale of the Note allocable to the District’s share of the costs of issuance (which shall include any issuance fees in connection with a Credit Instrument applicable to the Note, if any) shall be deposited in the Costs of Issuance Fund held and invested by the Trustee under the Trust Agreement and expended on costs of issuance as provided in the Trust Agreement.

.

(B) The moneys received from the sale of the Note (net of the District’s share of the costs of issuance) shall be deposited in the District’s Proceeds Subaccount within the Proceeds Fund hereby authorized to be created pursuant to, and held and invested by the Trustee under, the Trust Agreement for the District and said moneys may be used and expended by the District for any purpose for which it is authorized to expend funds upon requisition from the Proceeds Subaccount as specified in the Trust Agreement. Amounts in the Proceeds Subaccount are hereby pledged to the payment of the Note.

The Trustee will not create subaccounts within the Proceeds Fund, but will keep records to account separately for proceeds of the Note Participations allocable to the District’s Note on deposit in the Proceeds Fund which shall constitute the District’s Proceeds Subaccount.

(C) The District hereby authorizes a portion of the premium or proceeds received from the sale of the Note (net of the District’s share of the costs of issuance) to be deposited, together with moneys received from the sale of Notes of other Issuers, into a reserve fund (the “Reserve Fund”), which is hereby authorized to be created pursuant to, and held and

invested by the Trustee under, the Trust Agreement for the benefit of Owners of the Note Participations.

Section 8. Source of Payment

In order to effect the pledge referenced in the preceding paragraph, the District hereby agrees and covenants to establish and maintain a special account within the District’s general fund to be designated the “2009__ Tax and Revenue Anticipation Note Payment Account,” with appropriate series designation (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 received in or accrued

. 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 accrued to the Repayment Fiscal Year and which are available for payment thereof. Included in the revenues of the Repayment Fiscal Year are apportionments which otherwise would be received in January 2010 through June 2010 but due to the deferral of the State monies by the State will not be received until after June 30, 2010 (“Deferred Revenues”). The Deferred Revenues shall be accrued to the Repayment Fiscal Year and are determined to be legally available to pay the principal of and interest on the Note. 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 accrued 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 received in or accrued 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 accrued to the Repayment Fiscal Year.

to the 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.

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 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

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.

. Any one of the Treasurer of the County or comparable officer, 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 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.

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 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.

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(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 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 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 received in or accrued 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.

(K) The District and its appropriate officials have duly taken, or will take, all proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement of the Pledged Revenues in accordance with law for carrying out the provisions of this Resolution and the Note.

(L) The District shall not incur any indebtedness secured by a pledge of its Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged Revenues hereunder.

(M) So long as the Credit Provider, if any, is not in payment default under the Credit Instrument, the District hereby agrees to pay its pro rata share of all Predefault Obligations and all Reimbursement Obligations attributable to the District in accordance with provisions of the Credit Agreement, if any, and/or the Trust Agreement, as applicable. Prior to the Maturity Date, moneys in the District’s Payment Account and/or Payment Subaccount shall not be used to make such payments. The District shall pay such amounts promptly upon receipt of notice from the Credit Provider that such amounts are due to it.

(N) So long as any Note Participations issued in connection with the Notes are Outstanding, or any Predefault Obligation or Reimbursement Obligation is outstanding, the

District will not create or suffer to be created any pledge of or lien on the Note other than the pledge and lien of the Trust Agreement.

(O) It is hereby covenanted and warranted by the District that it will not request the County Treasurer to make temporary transfers of funds in the custody of the County Treasurer to meet any obligations of the District during Fiscal Year 2009-2010 pursuant to Article XVI, Section 6 of the Constitution of the State of California.

Section 11. Tax Covenants

(B) In the event the District is deemed a Safe Harbor Issuer (as defined in Section 7), this paragraph (B) shall apply. The District covenants that it shall make all calculations in a reasonable and prudent fashion relating to any rebate of excess investment earnings on the proceeds of the Note due to the United States Treasury, shall segregate and set aside from lawfully available sources the amount such calculations may indicate may be required to be paid to the United States Treasury, and shall otherwise at all times do and perform all acts and things necessary and within its power and authority, including complying with the instructions of Stradling Yocca Carlson & Rauth, Special Counsel referred to in Section 8 hereof to assure compliance with the Rebate Requirements. If the balance of the Proceeds Subaccount attributed to cash flow borrowing and treated for federal tax purposes as proceeds of the Note is not low enough to qualify amounts in the Proceeds Subaccount attributed to cash flow borrowing for an exception to the Rebate Requirements on at least one date within the six month period following the date of issuance of the Note (calculated in accordance with Section 8), the District will reasonably and prudently calculate the amount, if any, of investment profits which must be rebated to the United States and will immediately set aside, from revenues received in or accrued to the Fiscal Year 2009-2010 or, to the extent not available from such revenues, from any other moneys lawfully available, the amount of any such rebate in the Rebate Fund referred to in this Section 11(B). In addition, in such event, the District shall establish and maintain with the Trustee a fund separate from any other fund established and maintained hereunder and under the Trust Agreement designated as the “2009-2010 Tax and Revenue Anticipation Note Rebate Fund” or such other name as the Trust Agreement may designate. There shall be deposited in such Rebate Fund such amounts as are required to be deposited therein in accordance with the written instructions from Bond Counsel pursuant to Section 8 hereof.

. (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.

(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 the Note.

(E) The provisions of this Section 11 shall not apply to a Taxable Note.

Section 12. Events of Default and Remedies

If any of the following events occur, it is hereby defined as and declared to be and to constitute an “Event of Default”:

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(a) Failure by the District to make or cause to be made the transfers and deposits to the Payment Account, or any other payment required to be paid hereunder, including payment of principal and interest on the Note, on or before the date on which such transfer, deposit or other payment is due and payable;

(b) Failure by the District to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Resolution, for a period of fifteen (15) days after written notice, specifying such failure and requesting that it be remedied, is given to the District by the Trustee or the Credit Provider, if applicable, unless the Trustee and the Credit Provider shall agree in writing to an extension of such time prior to its expiration;

(c) Any warranty, representation or other statement by or on behalf of the District contained in this Resolution or the Purchase Agreement (including the Pricing Confirmation) or in any requisition or any financial report delivered by the District or in any instrument furnished in compliance with or in reference to this Resolution or the Purchase Agreement or in connection with the Note, is false or misleading in any material respect;

(d) A petition is filed against the District under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect and is not dismissed within 30 days after such filing, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such 30 days to protect its and the Owners’ interests;

(e) The District files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; or

(f) The District admits insolvency or bankruptcy or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the District or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 30 days, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such 30 days to protect its and the Owners’ interests;

Whenever any Event of Default referred to in this Section 12 shall have happened and be continuing, the Trustee shall, in addition to any other remedies provided herein or by law or under the Trust Agreement, have the right, at its option without any further demand or notice, to take one or any combination of the following remedial steps:

(a) Without declaring the Note to be immediately due and payable, require the District to pay to the Trustee, as holder of the Note, an amount equal to the principal of the Note and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to the District the same shall become immediately due and payable by the District without further notice or demand; and

(b) Take whatever other action at law or in equity (except for acceleration of payment on the Note) which may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce any other of its rights hereunder.

Notwithstanding the foregoing, if the District’s Note is secured in whole or in part by a Credit Instrument or if the Credit Provider is subrogated to rights under the District’s Note, as long as the Credit Provider has not failed to comply with its payment obligations under the Credit Instrument, the Credit Provider shall have the right to direct the remedies upon any Event of Default hereunder, and the Credit Provider’s prior consent shall be required to any remedial action proposed to be taken by the Trustee hereunder.

If the District has executed a Credit Instrument and 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, as defined in the Trust Agreement, 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.

Section 14. Approval of Actions

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.

. The aforementioned Authorized 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.

Section 15. Proceedings Constitute Contract

Section 16.

. The provisions of the Note and of this Resolution shall constitute a contract between the District and the registered owner of the Note and the Credit Provider, if any, and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction, and shall be irrepealably. The Credit Provider, if any, is a third party beneficiary of the provisions of this Resolution and the Note.

Limited Liability

Section 17.

. 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.

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 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.

Notwithstanding any other provision herein, the provisions of this resolution as they relate to the terms of the Note Participations may be modified by the Purchase Agreement.

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

Section 20.

. 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 Legislative Body, 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.

Limited Liability and Indemnification

Section 21.

. (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.

Appointment of Professionals

RBC Capital Markets Corporation, Los Angeles, California is hereby appointed as Underwriter for the Program. Other underwriters or placement agents, as applicable, may be engaged as provided in the Pricing Confirmation.

. The law firm of Stradling Yocca Carlson & Rauth is hereby appointed as Special Counsel for the Program. The District acknowledges that Special Counsel regularly performs legal services for many private and public entities in connection with a wide variety of matters, and that Special Counsel has represented, is representing or may in the future represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, financial and other consultants who may have a role or interest in the proposed financing or that may be involved with or adverse to District in this or some other matter. Given the special, limited role of Special Counsel described above the District acknowledges that no conflict of interest exists or would exist, waives any conflict of interest that might appear to exist, and consents to any and all such relationships.

Section 22. Form 8038-G; Continuing Disclosure. (A) Any Authorized Officer is hereby authorized to execute and deliver any Information Return for Tax-Exempt Governmental Obligations, Form 8038-G of the Internal Revenue Service (“Form 8038-G”), in

connection with the issuance of the Note and the related Series of Note Participations. To the extent permitted by law, the Authority, the Trustee, the Underwriter and Special Counsel are each hereby authorized to execute and deliver any Form 8038-G for and on behalf of the District in connection with the issuance of the Note and the related Series of Note Participations, as directed by an Authorized Officer of the District.

(B) The District covenants, for the sole benefit of the Owners of the Series of Note Participations which evidence and represent the Note (and, to the extent specified in this Section 22, the beneficial owners thereof), that the District shall provide in a timely manner, through the Trustee acting as dissemination agent (the “Dissemination Agent”) to the Municipal Securities Rulemaking Board notice of any of the following events with respect to the District’s outstanding Note, if material (each a “Listed Event”): (1) principal and interest payment delinquencies on the Note and the related Series of Note Participations; (2) non-payment related defaults; (3) modifications to rights of Owners and beneficial owners of the Series of Note Participations which evidence and represent the Note; (4) optional, contingent or unscheduled bond calls; (5) defeasances; (6) rating changes; (7) adverse tax opinions or events affecting the tax-exempt status of the Note and the related Series of Note Participations; (8) unscheduled draws on debt service reserves reflecting financing difficulties; (9) unscheduled draws on the credit enhancement reflecting financial difficulties; (10) substitution of credit or liquidity providers, or their failure to perform; and (11) release, substitution or sale of property securing repayment of the Note.

Whenever the District obtains knowledge of the occurrence of a Listed Event, the District shall as soon as possible determine if such event would be material under applicable federal securities laws. The Authority and the Dissemination Agent shall have no responsibility for such determination and shall be entitled to conclusively rely upon the District’s determination.

If the District determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities laws, the District shall promptly provide the Authority and the Dissemination Agent with a notice of such occurrence which the Dissemination Agent agrees to file with the Municipal Securities Rulemaking Board.

(C) In the event of a failure of the District to comply with any provision of this section, any Owner or beneficial owner of the related Series of Note Participations may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this section. A default under this section shall not be deemed an Event of Default under Section 12 hereof, and the sole remedy under this section in the event of any failure of the District to comply with this section shall be an action to compel performance.

(D) For the purposes of this section, a “beneficial owner” shall mean any person which has the power, directly or indirectly, to make investment decisions concerning ownership of any Note Participations of the Series which evidences and represents the Notes (including persons holding Note Participations through nominees, depositories or other intermediaries).

(E) The District’s obligations under this section shall terminate upon the legal defeasance, prior redemption or payment in full of its Note. If such termination occurs prior to the final maturity of the related Note Participations, the District shall give notice of such termination in the same manner as for a Listed Event under subsection (B) of this section.

(F) The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the District pursuant to this section. In no event shall the Dissemination Agent be responsible for preparing any notice or report or for filing any notice or report which it has not received in a timely manner and in a format suitable for reporting. Nothing in this section shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this section or any other means of communication, or including any other notice of occurrence of a Listed Event, in addition to that which is required by this section. If the District chooses to include any information in any notice of occurrence of a Listed Event in addition to that which is specifically required by this section, the District shall have no obligation under this section to update such information or include it in any future notice of occurrence of a Listed Event.

(G) Notwithstanding any other provision of this Resolution, the District with the consent of the Dissemination Agent and notice to the Authority may amend this section, and any provision of this section may be waived, provided that the following conditions are satisfied:

(1) If the amendment or waiver relates to the provisions of subsection (B) of this section, it may only be made in connection with a change in circumstance that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Note and the related Note Participations, or the type of business conducted;

(2) The undertaking, as amended or taking into account such waiver, would in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Note and the related Note Participations, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and

(3) The amendment or waiver either (i) is approved by the Owners or beneficial owners of the Note Participations of the Series which evidences and represents the Note in the same manner as provided in the Trust Agreement for amendments to the Trust Agreement with the consent of Owners or beneficial owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Owners or beneficial owners of the related Note Participations. In the event of any amendment or waiver of a provision of this section, notice of such change shall be given in the same manner as for an event listed under subsection (B) of this section, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver; provided, however, the District shall be responsible for preparing such narrative explanation.

(H) The Dissemination Agent shall have only such duties as are specifically set forth in this section. The Dissemination Agent shall not be liable for the exercise of any of its

rights hereunder or for the performance of any of its obligations hereunder or for anything whatsoever hereunder, except only for its own willful misconduct or gross negligence. Absent gross negligence or willful misconduct, the Dissemination Agent shall not be liable for an error of judgment. No provision hereof shall require the Dissemination Agent to expend or risk its own funds or otherwise incur any financial or other liability or risk in the performance of any of its obligations hereunder, or in the exercise of any of its rights hereunder, if such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The District hereunder agrees to compensate the Dissemination Agent for its reasonable fees in connection with its services hereunder, but only from the District’s share of the costs of issuance deposited in the Costs of Issuance Fund held and invested by the Trustee under the Trust Agreement.

(I) This section shall inure solely to the benefit of the District, the Dissemination Agent, the Underwriter and the Owners and beneficial owners from time to time of the Note Participations, and shall create no rights in any other person or entity.

Section 23. Resolution Parameters

(a) Name of District: Merced Community College District

.

(b) Maximum Amount of Borrowing: $10,000,000

(c) Authorized Representatives:

TITLE

(1) Superintendent/President

(2) Vice President, Administrative Services

(3) Director, Business Services

Section 24. Effective Date

PASSED AND ADOPTED by the District this 5th day of January, 2010, by the following vote:

. This Resolution shall take effect from and after its date of adoption.

AYES:

NOES:

ABSENT:

By: President, Board of Trustees

Attest:

Secretary, Board of Trustees

EXHIBIT A

MERCED COMMUNITY COLLEGE DISTRICT

FORM OF NOTE

2009-2010 TAX AND REVENUE ANTICIPATION NOTE, SERIES F*/

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).

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 received in or accrued 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 received in or accrued 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.

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.

MERCED COMMUNITY COLLEGE DISTRICT By:

President, Board of Trustees

Countersigned By:

Secretary, Board of the Trustees

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


BOARD AGENDA BACKUP PRESENTED TO THE BOARD OF TRUSTEES OF THE

AT THE MERCED COMMUNITY COLLEGE DISTRICT

JANUARY 5, 2010 MEETING OF THE BOARD

Item:

Sale of Property to State of California, Department of Fish and Game, Wildlife Conservation, and Delegation of Authority to Execute Final Property Acquisition Agreement

Presented by:

Mazie Brewington


x


As you may recall, on December 2, 2008, at the regularly scheduled Board Meeting, the governing Board of Merced College voted to approve and accept the Property Acquisition Agreement with the State of California, Department of Fish and Game, Wildlife Conservation Board, in the amount of Five Hundred Thirty-two Thousand dollars ($532,000). This acquisition includes approximately one hundred thirty-three (133) acres of property (APN 084-010-078) known as the Highway 152 Parcel located south of Highway 152 and west of the San Luis Canal, Los Banos, California. The District’s Governing Board declared the property surplus and approved of its sale, by way of adoption of Resolution # 09-13 by a two-thirds majority vote. The Board also approved the delegation of authority to Dr. Larry M. Johnson, Vice President, Administrative Services, or his designee, to execute the final Property Acquisition Agreement. Dr. Larry M. Johnson has since retired from the District, and Mazie L. Brewington has been hired as the Vice President, Administrative Services. In order to proceed with the closing of escrow on the above mentioned property, the Board is being asked to take action on the following items.

Ratify the acts of Dr. Larry M. Johnson heretofore including the signing of a deed and other documents which are required for the sale of property to the State of California, Department of Fish and Game, Wildlife Conservation in accordance with the Property Acquisition Agreement approved by the Board of Trustees on December 2, 2008.


Authorize Mazie L. Brewington to take all remaining steps necessary to complete the sale of property to the State of California, Department of Fish and Game, Wildlife Conservation.

None Attachments

MEMORANDUM

December 15, 2009

TO: Members, Board of Trustees

FROM: Debbie Malumed, President, Board of Governors

Jack Scott, Chancellor

Steve Bruckman, Executive Vice Chancellor

Paul Lanning, President, Foundation for California Community Colleges

SUBJECT: Classified Employees Award

The Board of Governors along with the Chancellor’s and the Foundation for California Community

Colleges is pleased to announce that it’s once again time for the annual Classified Employees Award.

The purpose of this award is to recognize outstanding classified employees throughout the community

college system.

Please visit our website at http://www.cccco.edu/ to get more information about this award. You are all a

very important part of this award process and without your support these awards will not be possible.

Thank you

http://www.cccco.edu/

California Community Colleges Classified Employees of the Year

The awards honor community college classified employees who demonstrate the highest level of commitment to professionalism and community colleges. Recipients are nominated by their colleagues and endorsed by the local Board of Trustees. No later than March 10th each local Board of Trustees may forward the information for one nominee to the California Community Colleges Chancellor’s Office. Award winners are selected by representatives of the Community Colleges Board of Governors, Chancellors Office, and the Foundation for California Community Colleges. Recipients will be announced and honored at the May Board of Governors meeting. Up to six recipients are selected and honored annually at the May Board of Governors' meeting. Classified employees with a minimum of 5 years of service as a permanent employee within the nominating Community College District (full-time or part-time) are eligible for the award. The nominees are evaluated on their commitment to: the mission of community colleges; professional ethics and standards; serving the institution through participation in professional and/or community activities; and serving as a leader beyond the local institution. A $500 cash award and plaque is presented to each recipient. Guidelines and Criteria for Selection of California Community College Classified Employees of the Year Each local Board of Trustees may forward to the California Community Colleges Chancellor’s Office the name of one nominee for the Community College Classified Employee of the Year Award sponsored by the California Community Colleges Board of Governors and the Foundation for California Community Colleges and funded by the Foundation for California Community Colleges. The following guidelines are to be used in making the selection of nominees and finalists.

1. The nominee should be committed to the fundamental principles of the California Community College mission as well as the mission of the local college district. The response should reflect the nominees commitment to the college at which the classified employee works.

2. The nominee should be committed to high standards of job performance and exemplify professionalism. The essay response and supporting letters should reflect this commitment.

Motivated and interested in the job Demonstrates high skills, competence, and knowledge on the job Plays a leadership role in employee/management collaboration Promotes collaboration within the work environment Is committed to high standards of performance Exemplifies professionalism at all times Steps up to cooperatively work through problems

3. The nominee should be committed to serving the institution through participation in college, professional and/or community activities. There should be evidence of this participation.

Is involved in college and/or district activities Organizes others within the work environment Promotes open communication among work groups

Willingness to take the extra step (identify)

4. The nominee should be committed to serving as a leader beyond the local institution through service in local, statewide and/or national activities. There should be evidence of activities that reveal leadership through participation in employee organizations, community groups, or participation in state or national organizations.

Is involved in professional and/or community volunteerism/activities Organizes others within the community Acts of service above and beyond the call of duty (identify)

Community College Classified Employee of the Year Award Scoring Form

Employee Name:______________________________________________________ College District:______________________________________________ Job Title:______________________________________________

Document(s) provides evidence of: (Total Points = 60)

Possible Points

Points Given

Commitment to the fundamental principles of the California Community College mission as well as the mission of the local college district.

1 - 10

Commitment to high standards of job performance and exemplifies professionalism.

Motivated and interested in the job Demonstrates high skills, competence, and knowledge on

the job Plays a leadership role in employee/management

collaboration Promotes collaboration within the work environment Is committed to high standards of performance Exemplifies professionalism at all times Steps up to cooperatively work through problems

1 - 15

Commitment to serving the institution through participation in college, professional and/or community activities.

Is involved in college and/or district activities Organizes others within the work environment Promotes open communication among work groups Willingness to take the extra step

1 - 15

Commitment to serving as a leader beyond the local institution through service in local, statewide and/or national activities. Evidence of activities that reveal leadership through participation in employee organizations, community.

Is involved in professional and/or community volunteerism/activities

Organizes others within the community Acts of service above and beyond the call of duty

1 – 15

Up to five points are possible for additional information. 1 – 5

Total Points (maximum 60) 60 Comments and Recommendations:

Rank: _____ of _____

Signature of Reviewer:______________________________

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