San Bernardino City Unified School District MINUTES Minutes of A
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San Bernardino City Unified School District MINUTES Minutes of a Regular Meeting of the Board of Education ADOPTED 2/15/11 Community Room Board of Education Building 777 North F Street San Bernardino, California January 18, 2011 5:30 p.m. Present: President Danny Tillman; Vice President Barbara Flores; Board Members Louise Ayala, Teresa Parra Craig, Judi Penman, Lynda Savage, and Elsa Valdez; Superintendent Arturo Delgado; Deputy Superintendent Judy White; Chief Business and Financial Officer Mohammad Islam, Associate Superintendent Mel Albiso, Assistant Superintendents, Yolanda Ortega, John Peukert, and Harold Vollkommer; and Superintendent’s Assistant Phyllis Gronek. Minutes recorded by Administrative Assistant Jennifer Owens. SESSION ONE - Opening 1.0 - Opening 1.1 - Call to Order President Tillman called the meeting to order at 5:30 p.m. 1.2 - Pledge of Allegiance to the Flag The meeting was opened with the Pledge of Allegiance to the Flag of the United States of America. SESSION TWO - Special Presentations 2.0 - Special Presentations 2.1 - Outstanding Student Awards Richardson PREP HI Melissa Batz, Brooke Porter, and Allison Totzke Serrano Middle School Jorge Hernandez, Emily Iribe, and Katlyn Orban Thompson Elementary School Liliana Madrigal, Lindsay Neighbors, and Ronda Ramos Board of Education Minutes January 18, 2011 2.2 - In Recognition of National School Counseling Week Upon motion by Member Savage, seconded by Member Parra Craig, and approved by the affirmative vote of Members Ayala, Parra Craig, Flores, Penman, Savage, and Tillman (Noes: None; Absent for Vote: Valdez), the following was adopted: WHEREAS school counselors are employed in public schools to help students reach their full potential; and WHEREAS the San Bernardino City Unified School District welcomes this opportunity to join with others in our community, state, and nation in recognizing the contributions that school counselors make in the lives of countless children; and WHEREAS school counselors are passionate about their commitment to helping students explore their abilities, strengths, interests, and talents as these traits relate to career awareness and development; and WHEREAS comprehensive school counseling programs are considered an integral part of the educational process that enables all students to achieve success in school; and WHEREAS school counselors seek to identify and utilize community resources that enhance and complement comprehensive school counseling programs and help students become productive members of society; THEREFORE, BE IT RESOLVED that the Superintendent and the Board of Education of the San Bernardino City Unified School District join the rest of the state and the nation in recognizing February 7-11, 2011, as National School Counseling Week and encourage all of our schools to set aside this week to acknowledge the outstanding and selfless contributions that school counselors make to our students and our schools each day. SESSION THREE – San Bernardino Schools Financing Corporation 3.0 - San Bernardino Schools Financing Corporation President Tillman recessed the meeting of the Board of Education of the San Bernardino City Unified School District and convened a meeting of the Board of Directors of the San Bernardino Schools Financing Corporation. RECESS San Bernardino Schools Financing Corporation Minutes of a Special Meeting Tuesday, January 18, 2011 2 Board of Education Minutes January 18, 2011 Community Room Board of Education Building San Bernardino City Unified School District 777 North F Street San Bernardino, California 1.0 - Call to Order President Tillman opened the meeting at 5:50 p.m. 2.0 - Directors Present Directors Ayala, Parra Craig, Flores, Penman, Savage, and Tillman were present. 3.0 - Resolution Approving the Financing of Certain Capital Improvements for the San Bernardino City Unified School District and the Execution and Delivery of Certain Legal Documents Upon motion by Director Parra Craig, seconded by Director Flores, and approved by the affirmative vote of Directors Ayala, Parra Craig, Flores, Penman, Savage, and Tillman (Noes: None), the following was adopted: RESOLUTION APPROVING THE FINANCING OF CERTAIN CAPITAL IMPROVEMENTS FOR THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND THE EXECUTION AND DELIVERY OF CERTAIN LEGAL DOCUMENTS WHEREAS, the San Bernardino Schools Financing Corporation (the “Corporation”) is a nonprofit public benefit corporation organized and existing under the laws of the State of California with the power and authority to assist the San Bernardino City Unified School District, County of San Bernardino, California, with the financing of the installation of a photovoltaic system and the acquisition, construction, equipping, furnishing and improving of certain capital facilities of the District; and WHEREAS, the District is a unified school district duly organized and validly existing under the laws of the State of California, and has requested the assistance of the Corporation in the financing of certain capital improvements of the District through the execution and delivery of certain certificates of participation (the “Certificates”); and WHEREAS, there have been presented to the Board of Directors (the “Board”) of the Corporation the following documents: 3 Board of Education Minutes January 18, 2011 1. Proposed form of Trust Agreement (the “Trust Agreement”), by and among the District, U.S. Bank National Association, as trustee (the “Trustee”), and the Corporation; 2. Proposed form of Lease Agreement (the “Lease”), by and between the Corporation and the District; 3. Proposed form of Site Lease (the “Site Lease”), by and between the District and the Corporation; 4. Proposed form of Assignment Agreement (the “Assignment Agreement”), by and between the Corporation and the Trustee; and 5. Proposed form of Agency Agreement (the “Agency Agreement”), by and between the District and the Corporation NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the San Bernardino Schools Financing Corporation as follows: 1. The form, terms and provisions of the Trust Agreement are hereby approved and the President and the Secretary/Treasurer, or any designee thereof (each, an “Authorized Officer”), and each of them, is hereby authorized and directed on behalf of the Corporation and in its name to execute and deliver the Trust Agreement in substantially the form presented to and considered by this Board, with such changes therein, however, as may be approved by the Authorized Officer executing the same, such approval to be conclusively evidenced by his or her execution thereof. 2. The form, terms and provisions of the Lease are hereby approved and either Authorized Officer is hereby authorized and directed on behalf of the Corporation and in its name to execute and deliver the Lease in substantially the form presented to and considered by this Board, with such changes therein, however, as may be approved by the Authorized Officer executing the same, such approval to be conclusively evidenced by his or her execution thereof. 3. The form, terms and provisions of the Site Lease are hereby approved and either Authorized Officer is hereby authorized and directed on behalf of the Corporation and in its name to execute and deliver the Site Lease in substantially the form presented to and considered by this Board, with such changes therein, however, as may be approved by the Authorized Officer executing the same, such approval to be conclusively evidenced by his or her execution thereof. 4. The form, terms and provisions of the Assignment Agreement are hereby approved and either Authorized Officer is hereby authorized and directed on behalf of the Corporation and in its name to execute and deliver the Assignment Agreement in substantially the form presented to and considered by this Board, with such changes therein, however, as may 4 Board of Education Minutes January 18, 2011 be approved by the Authorized Officer executing the same, such approval to be conclusively evidenced by his execution thereof. 5. The form, terms and provisions of the Agency Agreement are hereby approved and either Authorized Officer is hereby authorized and directed on behalf of the Corporation and in its name to execute and deliver the Agency Agreement in substantially the form presented to and considered by this Board, with such changes therein, however, as may be approved by the Authorized Officer executing the same, such approval to be conclusively evidenced by his execution thereof. 6. The Secretary/Treasurer is hereby authorized and directed to attest to the signature of the Authorized Officer whenever required or advisable for the transactions contemplated by this Resolution. 7. The President and the Secretary/Treasurer are each hereby authorized and directed to execute and attest such further documents, instruments and certificates as may be deemed necessary or advisable by Fulbright & Jaworski L.L.P., Special Counsel to the District, in order to accomplish the purposes of this Resolution. 8. Whenever in this Resolution it shall be provided that a document be executed or attested by the President or the Secretary/Treasurer, and if, at the time for execution or attestation thereof, such officer is not available for signature, it shall be sufficient for the purposes of this Resolution if any other member of the Board shall execute or attest such document in such officer’s stead and with the same effect. 4.0 - Public Comments None. 5.0 - Adjournment At the conclusion of the meeting of the Board of