Bret Harte UHSD Board Meeting Agenda 6

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Transcript of Bret Harte UHSD Board Meeting Agenda 6

Bret Harte UHSD Board Meeting Agenda 6.19BRET HARTE UNION HIGH SCHOOL DISTRICT GOVERNING BOARD REGULAR MEETING
CLASSROOM 53 323 South Main Street
Angels Camp, CA 95221
A. Call Public Session to Order
B. Roll Call
C. Pledge of Allegiance
D. Adopt the Agenda
E. HEARING OF PARTIES TO ADDRESS THE BOARD: The law allows the Public to address the Governing Board on any matter, whether or not it is on the Agenda; but, the law prohibits action by the Board on Non-Agenda Items. (Govt. Code Sec. 54954.3)
F. Request for any disability-related modification or accommodation, including auxiliary aids or services in order to participate in the public meeting, may be made by contacting the Bret Harte Union High School District Office at (209) 736-8340 at least four (4) days prior to the scheduled meeting. Agendas and other writings may also be requested in alternative formats, as outlined in Section 12132 of the Americans With Disabilities Act.
G. Agenda materials distributed to the Board less than 72 hours before a regular meeting may be inspected by the public. Only those documents that are "public records" under the Public Records Act and which relate to an agenda item scheduled for the open session portion of a regular meeting may be inspected. Any member of the public wishing to inspect such documents may do so by visiting the Bret Harte Union High School District Office, located at 323 S. Main Street, Angels Camp, CA 95221. (Govt. Code Sec. 54957.5)
H. Identify Closed Session Topics of Discussion
(1) Public Comment on any Item on the Closed Session Agenda
I. Adjourn to Closed Session
II. CLOSED SESSION -Those items listed will be discussed in Closed Session
A. Pupil Personnel- Expulsion Case No. 2017-5.
B. Public Employee Discipline/Dismissal/Release.
1. Approval of Minutes of the Regular Meeting held on June 5, 2017. 2. July 2017 Payroll 3. BudgetJournaiChanges 4. End of Year- Approval to make budget changes and year-end transfers:
#17018 through #17200 to close the books.
VIII. DISCUSSION/INFORMATION/ACTION ITEMS:
Business: A. Approve new Mission Statement for the District. Action/MC
B. Review and discussion regarding allowing alcohol to be lnfo/Action/MC served during non-school sponsored events.
C. Governing Board's review and possible approval of adopting a Action/MC meal charge policy (BP/AR 3551).
D. Governing Board's review and possible approval of revisions Action/MC to Board Policies and Administrative Regulations regarding Uniform Complaint Procedures (BP/AR 1312.3), Access to District Records (BP 1340), Fees and Charges (BP 3260), District Records (AR 3580), Graduation Ceremony (BP 5127), Administering Medications and Monitoring Health Conditions (AR/E 5141.21) and Non-discrimination (AR 5145.3).
E. Public Hearing for Determination of Sufficiency of Student Joan Lark Access to Textbooks and/or Instructional Materials.
Open at: Public Comment:
F. Approve Resolution No. 2017-23: Regarding Sufficiency of Textbooks and/or Instructional Materials for the 2017-2018 school year.
G. Approve Resolution No. 2017-25: Resolution for Operating Independent Study Programs (annual certification).
H. Approve the Student Wellness Plan for the 2017-2018 school year.
Action/MC
Action/MC
Action/MC
I. Governing Board's review and possible approval of a Debt Issuance and Management Policy in accordance with Senate Bill (S.B.) 1029.
J. Approve Resolution No. 2017-26 of the Governing Board of the Bret Harte Union High School District (BHUHSD), "Resolution of the Governing Board of the BHUHSD approving a Debt Issuance and Management Policy in Accordance with Senate Bill (S.B.) 1029".
K. Approve Resolution No. 2017-27 "Resolution Authorizing the Issuance of the Bret Harte Union High School District Election of 2008 General Obligation Bonds, Series C".
L. Approve Resolution No. 2017-28 "Resolution Authorizing the Issuance of the Bret Harte Union High School District (Calaveras County, California) 2017 General Obligation Refunding Bonds".
M. Approve the Legal Representation Agreement between the BHUHSD and the Law Office of Byron C. Smith for 2017- 2018.
Personnel: N. Governing Board's review and possible approval of revisions
to Board Policies and Administrative Regulations regarding Temporary Athletic Coaches (BP/AR 4127/4227/4327).
0. Approve the Plan for Committee on Assignments for the 2017- 2018 school year.
P. Approve Resolution No. 2017-29 for teaching assignment pursuant to Education Code section 44263 for a Certificated employee for 2017-2018.
Action/MC
Action/MC
Action/MC
Action/MC
Action/MC
Action/MC
Action/MC
Action/MC
Q. Approve Memorandum of Understanding Between the BHUHSD and the BHUHSD Classified Council.
R. Approve appointments of District Assignment for Certificated Employee, Certificated Teachers, Lifeguards and Boys Basketball Coach.
S. Resignation of Classified employee.
Other Business: T. Discussion regarding the Local Control Accountability Plan.
U. Public Hearing for the Local Control Accountability Plan.
Open at: Public Comment:
W. Public Hearing for the District Budget.
Open at: Public Comment:
IX. ADVANCED PLANNING
lnfo/GC, KL
Joan Lark
Action/MC, GC
Joan Lark
Action/GC, MC
A. Regular Governing Board Meeting Date: August 7, 2017, 5:00 p.m., District Board Room, Bret Harte Union High School District.
B. Suggested Future Agenda Items
X. ADJOURNMENT:
Posted: June 15. 2017
Board Agenda Item# K. Approve Resolution No. 2017-27 "Resolution Authorizing the Issuance of the Bret Harte Union High School District Election of 2008 General Obligation Bonds, Series C".
Action
Background: An election was held in the Bret Harte Union High School District (the "District") on November 8, 2008 for the issuance and sale of general obligation bonds of the District for various purposes in the maximum principal amount of $18,000,000 (the "2008 Authorization"). Pursuant to the 2008 Authorization, the District previously caused the issuance of $9,235,969.25 of its Election of 2008 General Obligation Bonds, Series A and $5,002,353.80 of its Election of 2008 General Obligation Bonds, Series B. The District now desires to issue its third series of bonds under the 2008 Authorization in an amount not-to-exceed $750,000.
(a) Bond Resolution. The Resolution authorizes the issuance of general obligation bonds (the "Bonds"). The Resolution (i) establishes the maximum aggregate principal amount of the Bonds issued ($750,000), (ii) authorizes the Bonds to be sold at a private placement sale to Pinnacle Public Finance, Inc., a Delaware corporation, as Purchaser, and (iii) designates the Refunding Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code.
(b) Form of Purchase Contract. The Resolution approves the form of the Purchase Contract (the "Purchase Contract"). Pursuant to the Purchase Contract, the Purchaser will agree to buy the Bonds from the District. All the conditions of closing the transaction are set forth in this document. Upon the pricing of the Bonds, the final execution copy of the Purchase Contract will be prepared following this form.
(c) Form of Placement Agent Agreement. Pursuant to the Placement Agent Agreement, Raymond James & Associates, Inc. will agree to facilitate the sale of the Refunding Bonds to the Purchaser.
Costs: There is no fiscal impact to the General Fund resulting from the issuance of the Bonds.
Costs From:
Administrative Recommendation: The Governing Board approve Resolution #2017-27 Resolution Authorizing the Issuance of the Bret Harte Union High School District Election of 2008 General Obligation Bonds, Series C.
New Money
RESOLUTION NO. 2017-27
RESOLUTION AUTHORIZING THE ISSUANCE OF THE BRET HARTE UNION IDGH SCHOOL DISTRICT ELECTION OF 2008 GENERAL OBLIGATION BONDS, SERIES C
WHEREAS, a duly called election was held in the Bret Harte Union High School District (the "District"), Calaveras County (the "County"), State of California, on November 8, 2008 and thereafter canvassed pursuant to law;
WHEREAS, at such election there was submitted to and approved by the requisite fifty-five percent or more vote of the qualified electors of the District a question as to the issuance and sale of general obligation bonds of the District for various purposes set forth in the ballot submitted to the voters, in the maximum amount of$18,000,000, payable from the levy of an ad valorem property tax against the taxable property in the District (the "2008 Authorization");
WHEREAS, pursuant to the 2008 Authorization, the District previously caused the issuance of $9,235,969.25 of Bret Harte Union High School District (Calaveras County, California) Election of 2008 General Obligation Bonds, Series A (the "Series A Bonds") and $5,002,353.80 ofBret Harte Union High School District (Calaveras County, California) Election of 2008 General Obligation Bonds, Series B (the "Series B Bonds");
WHEREAS, at this time the Governing Board of the District (the "Board") deems it in the best interests of the District to authorize, the issuance of the third series of bonds under the Authorization, styled as the "Bret Harte Union High School District (Calaveras County, California) Election of 2008 General Obligation Bonds, Series C" (the "Bonds") in a principal amount not-to-exceed $750,000, and at interest rates not to exceed the maximum prescribed by law;
WHEREAS, pursuant to Article 4.5 of Chapter 3 of Part I of Division 2 of Title 5 of the Government Code of the State of California (the "Act"), the Bonds are authorized to be issued by the District for purposes set forth in the ballot submitted to the voters at the 2008 Authorization;
WHEREAS, pursuant to Section 265(b)(3) of the Code (as defined herein), under certain circumstances, certain obligations the interest on which is exempt from federal income tax under Section I 03 of the Code may be designated by the issuer thereof as "qualified tax exempt obligations," thereby allowing certain financial institutions that are holders of such qualified tax exempt obligations to deduct for federal income tax purposes a portion of such institution's interest expense that is allocable to such qualified tax exempt obligations, all as determined in accordance with Sections 265 and 291 of the Code;
WHEREAS, this Board wishes to designate the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code;
WHEREAS, all acts, conditions and things required by law to be done or performed have been done and performed in strict conformity with the laws authorizing the issuance of general obligation Bonds of the District, and whereas the indebtedness of the District, including this proposed issue of Bonds, is within all limits prescribed by law; and
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WHEREAS, at this time the Board desires to appoint professionals related to the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE BRET HARTE UNION IDGH SCHOOL DISTRICT AS FOLLOWS:
SECTION 1. Purpose. To raise money for the purposes authorized by the voters in connection with the 2008 Authorization, and to pay all necessary legal, financial, and contingent costs in connection therewith, the District hereby authorizes the issuance of the Bonds in an aggregate principal amount not-to-exceed $750,000 to be styled as the "Bret Harte Union High School District (Calaveras County, California) General Obligation Bonds, Series C."
SECTION 2. Paying Agent. The Board hereby appoints the Paying Agent, as defined herein, to act as paying agent, bond registrar, authentication agent and transfer agent for the Bonds on behalf of the District. The Board hereby authorizes the payment of the reasonable fees and expenses of the Paying Agent, as they shall become due and payable. The fees and expenses of the Paying Agent which are not paid as a cost of issuance of the Bonds may be paid in each year from ad valorem property taxes levied and collected for the payment thereof, insofar as pe1mitted by law, including specifically Education Code Section 15232.
SECTION 3. Terms and Conditions of Sale. The Bonds shall be sold at a private placement upon the direction of the Superintendent of the District (the "Superintendent") or the Chief Business Official of the District (the "Chief Business Official"). The Bonds shall be sold pursuant to the terms and conditions set forth in the Purchase Contract (as defined below). The Board hereby authorizes the sale of the Bonds at a negotiated sale, which is determined to provide more flexibility in the timing of the sale, an ability to implement the sale in a shorter time period, an increased ability to structure the Bonds to fit the needs of particular purchasers, which will contribute to the District's goal of achieving the lowest overall cost of funds.
SECTION 4. Approval of Placement Agent Agreement and Purchase Contract. The form of Placement Agent Agreement (the "Placement Agent Agreement") by and between the District and Raymond James & Associates, Inc. (the "Placement Agent") and the form of the Purchase Contract with Pinnacle Public Finance, Inc. (the "Purchaser") for the purchase and sale of the Bonds (the "Purchase Contract"), substantially in the form on file with the Secretary to the Board, are hereby approved and the Superintendent and the Chief Business Official, and such other officer of the District as the Superintendent or Chief Business Official may designate (collectively, the "Authorized Officers"), each alone, are hereby authorized to execute and deliver the Placement Agent Agreement and the Purchase Contract, but with such changes therein, deletions therefrom and modifications thereto as the Authorized Officer executing the same may approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the maximum interest rates of the Bonds shall not exceed the maximum rate permitted by law. The Authorized Officers, each alone, are further authorized to determine the principal amount of the Bonds to be specified in the Purchase Contract for sale by the District up to $750,000 and to enter into and execute the Purchase Contract with the Purchaser, if the conditions set forth in this Resolution are satisfied.
SECTION 5. Certain Definitions. As used in this Resolution, the terms set forth below shall have the meanings ascribed to them (unless otherwise set forth in the Purchase Contract):
(a) "Act" has the meaning set forth in the recitals hereto.
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(b) "Authorizing Documents" means the authorizing resolution(s) or other legal document(s) pursuant to which the Prior Bonds were authorized and issued.
(c) "Bond Payment Date" means, unless otherwise provided by the Purchase Contract, February I and August I of each year commencing August I, 2017 with respect to the interest on the Bonds, and August I of each year commencing August I, 2017 with respect to the principal payments on the Bonds.
(d) "Bond Register" means the records maintained by the Paying Agent for the registry of ownership of the Bonds.
(e) "Code" means the Internal Revenue Code of 1986, as the same may be amended from time to time. Reference to a particular section of the Code shall be deemed to be a reference to any successor to any such section.
(f) "Date of Delivery" means the date of initial issuance and delivery of the Bonds.
(g) "Determination of Taxability" means any determination, decision, decree or advisement by the Commissioner of Internal Revenue, or any District Director of Internal Revenue or any non-appealable decision of a court of competent jurisdiction, or an opinion of Stradling Y occa Carlson & Rauth, a Professional Corporation ("Bond Counsel") that an Event of Taxability has occurred.
(h) "Event of Taxability" means (a) the application of the proceeds of the Bonds in such manner that the Bonds constitute arbitrage bonds under Section 148 of the Internal Revenue Code of 1986, as amended from time to time (the "Code"), and with the result that interest on a Bond is or becomes includable in the gross income (as defined in the Code Section 61) of the holder of a Bond, or (b) the District breaches any of the covenants set forth in the Tax Certificate regarding the use and investment of proceeds of the Bonds, with the result that such that interest on a Bond is or becomes includable in the gross income (as defined in the Code Section 61) of a holder of a Bond.
(i) "Gross-Up Rate" shall equal 4.57% per annum.
(j) "Outstanding" means, when used with reference to the Bonds, as of any date, Bonds theretofore issued or thereupon being issued under this Resolution except:
(i) Bonds canceled at or prior to such date;
(ii) Bonds in lieu of or in substitution for which other Bonds shall have been delivered pursuant to Section 8 hereof; or
(iii) Bonds for the payment or redemption of which funds or Government Obligations in the necessary amount shall have been set aside (whether on or prior to the maturity or redemption date of such Bonds), in accordance with Section 18 of this Resolution.
(k) "Owners" or "Registered Owner" means the registered owner of a Bond as set forth on the registration books maintained by the Paying Agent pursuant to Section 6 hereof.
(!) "Paying Agent" means initially U.S. Bank National Association, or any other Paying Agent as shall be named in the Purchase Contract, and afterwards any successor financial institution, acting as paying agent, transfer agent, authentication agent and bond registrar for the Bonds.
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(m) "Permitted Investments" means (i) any lawful investments permitted by Section 16429.1 and Section 53601 of the Government Code, including Non-AMT Bonds and Qualified Non­ AMT Mutual Funds, (ii) shares in a California common law trust established pursuant to Title I, Division 7, Chapter 5 of the Government Code which invests exclusively in investments permitted by Section 53635 of the Government Code, but without regard to any limitations in such Section concerning the percentage of moneys available for investment being invested in a particular type of security, (iii) a guaranteed investment contract with a provider having a rating meeting the minimum rating requirements of the County investment pool maintained by the Treasurer (iv) the Local Agency Investments Fund of the California State Treasurer, (v) the county investment pool maintained by the Treasurer-Tax Collector of the County, and (vi) State and Local Government Series Securities.
(n) "Record Date" means the close of business on the fifteenth day of the month preceding each Bond Payment Date.
( o) "Series" means any Bonds executed, authenticated and delivered pursuant to the provisions hereof and identified as a separate series of bonds.
(p) "Term Bonds" means those Bonds for which mandatory sinking fund redemption dates have been established in the Purchase Contract.
(q) "Treasurer-Tax Collector" means the Treasurer-Tax Collector of the County or other comparable officer of the County.
SECTION 6. Terms of the Bonds.
(a) Denomination. Interest. Dated Dates. The Bonds shall be issued as bonds registered as to both principal and interest, in the denominations of $100,000 principal amount or any integral multiple of $1 in excess thereof, or in such other denominations as are required in the Purchase Contract. The Bonds will be initially registered in the name of the Purchaser, unless otherwise provided in the Purchase Contract.
Each Bond shall be dated the Date of Delivery thereof or such other date as shall appear in the Purchase Contract, and shall bear interest at the rates set forth in the Purchase Contract from the Bond Payment Date next preceding the date of authentication thereof unless it is authenticated as of a day during the period from the 16th day of the month next preceding any Bond Payment Date to that Bond Payment Date, inclusive, in which event it shall bear interest from such Bond Payment Date, or unless it is authenticated on or before the first Record Date, in which event it shall bear interest from the Date of Delivery. Interest with respect to the Bonds shall be payable on the respective Bond Payment Dates and shall be computed on the basis of a 360-day year of twelve 30-day months.
(b) Redemption.
(i) Optional Redemption. The Bonds shall be subject to optional redemption in whole on any date on and after August I, 2027 at a price equal to the principal amount of Bonds plus accrued interest to the date fixed for redemption, without premium.
(ii) Mandatory Redemption. The Bonds shall be issued as a single Term Bond and be subject to mandatory sinking fund redemption as provided in the Purchase Contract.
(iii) Notice of Redemption. When optional redemption is authorized or required pursuant to Section 6(b )(i) hereof, the Paying Agent, upon…