OHLONE COMMUNITY COLLEGE DISTRICT

Ohlone College

Room 1216

43600 Mission Boulevard, Fremont, CA 94539

 

Minutes of Board Meeting

February 12, 2003 APPROVED

Page 1 of 10 Pages February 26, 2003

                                                                                                      

 

MEMBERS PRESENT:            Mr.  Dan Archer, President

                         Mrs. Ruthe Foster, Vice President

                         Mr.  John H. Weed, Secretary

Mr. Bob Brunton

Mr. Bill McMillin

Mr. Garrett Yee

                         Mr.  Nick Nardolillo           

Mr. Clifton Der Bing, Student Trustee

 

MANAGEMENT

PRESENT:   Dr.   Floyd Hogue, President/Superintendent

                Ms.  Deanna Walston, Vice President, Business Services/Deputy Superintendent

Dr. James Wright, Vice President, Instruction

                Dr.   Lisa Waits, Vice President, Student Services

                Mr.  Lyle Engeldinger, Executive Dean of Human Resources

 

CLASSIFIED

             SENATE:            Absent

 

FACULTY SENATE

REPRESENTATIVE: Mr. Rob Smedfjeld

 

OPEN MEETING: Mr. Archer called the meeting to order at 7:17 p.m.

 

                Mr. Der Bing led the pledge of allegiance. 

                          

                The roll was called and all members were present. 

                              

               Mr. Archer advised that the Board will hold a Closed Session at the end

of Other Scheduled Items

 

CONSENT

CALENDAR:           

 

6. Personnel Items

a. (Attachment 1) Approval of Promotion:  Accounting Technician III to Accounting

Technician IV

 

b. (Attachment 2) Approval of Early Retirement Reduction of Workload for Ms.Cynthia L. Katona,

Professor, English/Journalism

 

7. (Attachment 3) Approval of Accounts Payable and Payroll Warrants

                              

               Accounts Payable Warrants Issued:  57-0025053 through 57-0025538;

               Payroll Warrants Issued:  47-025133 through 47-025525; Payroll Warrants

               Voided:  47-025156, 47-025273, 47-025341, 47-025441, 47-025443,

               47-025448, 47-025450, 47-025463, 47-025465, 47-025471, 47-025496

 

8. (Attachment 4) Approval of Minutes, Board Meeting, January 22, 2003

 

9. (Attachment 5) Approval of PFE Report

 

10. (Attachment 6) Approval of Independent Contractor/Consulting Contract with TVG

Consulting

 

11. (Attachment 7) Ratification of Contract Education Agreement:  NUMMI and Adjustments to

the budget

 

12. (Attachment 8) Approval of Memorandum of Understanding Between the District and the United Faculty of Ohlone--Adjunct Faculty Parity Formula

 

              (Removed from Agenda)

 

Motion Approved Moved/Foster/Seconded/Yee/Passed to approve Items 6a through 11.  Item 12 was removed from the Agenda.  A roll call vote was taken:  Ayes:  Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer.  Noes:  0; Abstain:  0;

Absent: 0. (Advisory Vote - Ayes: Der Bing).

 

Communications from  

the Audience   Several students addressed their concerns regarding the engineering classes that may be discontinued due to the budget cuts.  The students urged the staff and trustees to keep communications open and to consider dropping other classes that are non-transferable. 

 

               Ms. Marilyn Singer, League of Women Voters, thanked the trustees who attended their meeting, and read a letter expressing the League's concerns 

               regarding the establishment of Board Committees # 1 and #2, Newark Center Library committee appointment, and the Board of Trustee's numbered seats. 

 

               Mr. Keith Level, Engineering Instructor, expressed his concerns regarding discontinuing the engineering classes.  He compared other community colleges that discontinued their engineering classes in the 1980's and are now experiencing very little enrollments in high math and physics. 

 

               Mr. Der Bing presented the Student Member Board of Trustee Award to

               Mr. Trevor Thanh Nguyen, Associated Students of Ohlone College (ASOC) President, and recognized his outstanding achievements and countless hours of hard work.  

 

OTHER SCHEDULED

ITEMS:

 

13. (Attachment 9) Consideration of Board Planning Calendar:  Ohlone College Newark Center

Project (OCNC)

 

               Ms. Walston reported that at the last Board meeting, the trustees approved a contract with MBT Architects for master planning services.  She remarked that they will discuss the proposed dates and timelines. 

 

               Ms. Walston introduced Mr. Donald Eichelberger, Project Manager, and

               Mr. Simon Barros, Director of Facilities, to review the proposed dates for the upcoming Workshops:  February 24, March 19, March 31, and

               April 16, 2003.  All meetings begin at 6:00 p.m. 

           

               Mr. Eichelberger indicated that there will be a meeting at the Silliman Center in Newark on February 19, 2003.   He verified that his staff has scheduled a press release and notification will be sent to the public. 

                              

14. (Attachment 10) Facilities Condition Analysis Report (3DI)

 

               Mr. Gary Moriarty, Senior Project Manager of 3DI, gave a presentation of the Facilities Condition Analysis Report.  Mr. Moriarty indicated that Ohlone

               College ranked fifth in the state among community colleges for maintaining their facilities.  He commended the staff on keeping the mechanical and electrical systems updated. 

 

               Mr. Barros gave special recognition to the electrical engineers, maintenance mechanics, and managers who were in the audience. 

15. (Attachment 11) Approval of Contract for Environmental Impact Report Services for OCNC

Bond Project

 

                                Mr. Eichelberger reported that after a screening process based on qualifications, three firms were interviewed on January 14, 2003.  Staff entered into negotiations with Mr. Jerry Haag, Urban Planner, and a reasonable priced contract for services was agreed upon.  Mr. Haag proposed to complete the Environmental Impact Report scope of work with time and material not to exceed $128,380, which includes all professional labor, printing, and direct costs. 

 

Motion Approved Moved/Brunton/Seconded/Nardolillo/Passed to approve a contract with

               Mr. Jerry Haag, Urban Planner, for Environmental Impact Report Services with time and material in an amount not to exceed $128,380.  A roll call vote was taken:  Ayes:  Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer.  Noes:  0; Abstain:  0; Absent:  0. (Advisory Vote - Ayes:  Der Bing).

 

16. (Attachment 12) Approval of Contract for Hazardous Materials Services, OCNC Bond Project

 

Mr. Eichelberger remarked that after a screening process based on qualification, three firms were interviewed on January 14, 2003, by staff, and a contract was negotiated with Treadwell and Rollo.  A proposal was agreed upon for the sum not to exceed $92,705.

 

Motion Approved Moved/Foster/Seconded/Weed/Passed to approve a contract with Treadwell

               and Rollo for Hazardous Material Investigation Services for OCNC in an amount not to exceed $92,705.  Ayes:  Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer.  Noes:  0; Abstain:  0; Absent:  0. (Advisory Vote - Ayes:  Der Bing).

 

17. (Attachment 13) Approval of Contract for Geotechnical Services, OCNC Bond Project

 

Mr. Eichelberger advised that four firms were interviewed on January 14 by staff, and a contract was negotiated with Treadwell and Rollo for Geotechnical Services, OCNC Bond Project.  A proposal was agreed upon for a sum not to exceed $38,013. 

 

Mr. Eichelberger indicated that Treadwell and Rollo will update the Board in two or three months with information regarding earthquake faults and soil.

 

 

 

Motion Approved Moved/Foster/Seconded/Yee/Passed to approve a contract with Treadwell

               and Rollo for Geotechnical Services for OCNC, in an amount not to exceed $38,013.  Ayes:  Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer.  Noes:  0; Abstain:  0; Absent:  0. (Advisory Vote - Ayes:  Der Bing).

 

18. (Attachment 14) Approval of Contract for Audio Visual Design and Project Management

Services for Bond Project Classroom/Lab Upgrade/Phase A

 

               Mr. Eichelberger stated that based on their expertise in providing audio visual consulting services for Ohlone College for the Hyman Hall Project, the Director of Facilities has recommended that DEX System Engineering be awarded a sole source contract for design and project management services for audio visual in 35+ classrooms. 

           

Motion Approved Moved/Foster/Seconded/Brunton/Passed to approve a contract with DEX Systems Engineering in the amount of $14,030.  Ayes:  Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer.  Noes:  0; Abstain:  0; Absent:  0. (Advisory Vote - Ayes:  Der Bing).

 

19. (Attachment 15) State Budget Update/Review of Initial 2003-2004 Budget Projection

                       

               Ms. Walston advised that Dr. Hogue scheduled a forum on February 11 to inform the campus community of the District's Initial Budget Projection and Proposed Reduction Plans. 

 

               Ms. Walston reported that since permanent staffing reductions must be considered in order to balance next year's budget, the Cabinet is preparing to notify the Board of Trustees by the end of February of the number of positions that must be eliminated in order to balance the 2003-2004 budget. 

               She advised that by law, academic and management personnel must be notified by March 15 if there is likelihood that their service will not be continued beyond June 30, 2003.  The Board of Trustees will meet at a special closed meeting on March 5 to consider 2003-2004 position reductions.

 

               Following a question and answer session, Dr. Hogue indicated that before the closed session of the March 5 meeting, any person may attend to voice their opinion. 

 

 

20. (Attachment 16) Consideration of Modification of Ohlone College Newark Center Lease

 

               Dr. Hogue indicated that while the District is planning and implementing the development of the new Ohlone College Newark Center, the staff is in the position of considering whether to scale back existing operations in Newark in order to balance the budget.

 

Dr. Hogue indicated that staff is analyzing available classroom space on the Fremont Campus to determine how many classes currently are offered at Newark that could be incorporated into the Fall 2003 Fremont Campus class schedule. 

 

21. (Attachment 17) Ratification of an Extension to the Interim Contract for Electricity Services

with Constellation New Energy, Inc. (formerly AES New Energy, Inc.)

 

The interim provider for the District for electricity service is Constellation New Energy, Inc., which is scheduled to terminate on March 31, 2003.  The Community College League of California (CCLC) has arranged for an extension to this interim contract to continue until June 30, 2003.  To take advantage of the best pricing available, which is 13% below local PG&E rates, staff had less than one day to agree to and to sign the extension contract. 

 

Motion Approved Moved/Weed/Seconded/Yee/Passed to approve an extension to the direct access electricity contract with Constellation New Energy, Inc., allowing our current contract to continue until June 30, 2003.  Ayes:  Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer.  Noes:  0; Abstain:  0; Absent:  0. (Advisory Vote - Ayes:  Der Bing).

22. (Attachment 18) Discussion of Bond Issues

 

Ms. Walston submitted handouts of the Bond Oversight Committee Purpose and Activities Report.  She advised that this report will simplify what is put on the Ohlone website.  She added that the committee hopes to come up with a quarterly report to summarize their meetings.  Mr. Yee suggested that the Bond Project Status Report be posted on the web.  Ms. Walston indicated that

she would schedule the Bond Oversight Committee to make a presentation

at the March 12 meeting. 

 

Items from

Administrators:   Dr. Wright expressed that staff is trying to do everything they can to protect the core of teaching and learning.  He referred to Mr. Weed's comments and remarked that making cuts in a logical, systematic way sometimes does not work when there has been such a large deficit in the budget. 

                 Dr. Wright explained that there will be a significant cut to their instructional programs, and he is hopeful that enrollment will not be affected.  He stressed that full-time faculty are not only instructors but are continuously involved in leadership positions.  He expressed appreciation for their support. 

 

                 Dr. Waits indicated that students such as Mr. Trevor Nguyen, President of ASOC, and Ms. Virginia Nguyen, Vice President of ASOC, encourage her by their energy and involvement in political activities on and off campus.

 

Items from Classified

Senate:   None

 

Items from Faculty:   Mr. Smedfjeld related that staff has worked very hard to follow the law and spirit of shared governance.  He acknowledged the engineering students in his calculus class and has worked with them in the math lab and noted that it will definitely have an effect on the math programs.  He added that no one has the answers or the ramifications it will have in eliminating the engineering programs.  

 

Items from the Board:   Mr. Der Bing reported that on February 8, the ASOC students attended a retreat at the Newark/Fremont Hilton Hotel, and that ASOC have 12 new senators, a total of 37 council members; the largest in ASOC history. 

 

                 Mr. Der Bing announced the ASOC schedule of events due to the current budget crisis:  February 13, Budget Crisis Awareness Drive, and the students will picket in front of Mission Boulevard; Unity Week, 2003, April 23-25.  He also mentioned that ASOC members will travel to Sacramento for a rally. 

                 Mr. Yee thanked Dr. Wright for his comments as well as the students and faculty.  He added that the Board is fortunate to have a great team of administrators to lead them through this budget crisis. 

                          

                 Mr. Yee attended the Community College League of California Conference on

                 February 1-3 and encouraged the Board to activate its own legislative efforts. Mr. Yee commended the efforts of the website team for their updates on College events and the news. 

                          

                 Mr. McMillin thanked the League of Women Voters for their study of Community Colleges.  He also attended the CCLC Conference and met with a number of trustees at the conference and received information on equalization.

                 He added that he will share that information with the Board members and

 

                 would like to make the distribution of funds by the state per student more equal among community colleges.

                 Mr. McMillin suggested reorganizing some of the programs at Ohlone and to be creative in the way they are cutting some of the courses.  

 

                 Mr. Brunton mentioned that he enjoyed visiting with the ASOC last week  while they were having a retreat at the Hilton Hotel.  He also congratulated Mr. Archer on receiving an award for outstanding achievements in education. 

 

                             Mr. Nardolillo indicated that he has worked for community colleges for

                             many years and has never seen budget cuts to this degree, and he hopes that

                             staff will look at all of the options.  He encouraged the Board to contact our

                             assembly representative.

 

                             Mr. Nardolillo met with Mrs. Gloria Fuerniss, Fremont Bank, to begin

                             planning the Ohlone Foundation Golf Tournament to raise funds for the Athletic Department.  He also attended the Board Committee #2 meeting that deals with the Mission San Jose Campus issues such as budget cuts and the

                             frontage property.

 

                             Mr. Weed commended Dr. Wright and the administration for their efforts

                             with the budget, and noted that their judgements are based on the balance, not the employees.  He added that he has the highest respect for the staff

and urged everyone to give them their support.

 

                             Mr. Weed referred to a comment made from Communications from the Audience regarding the discussion of the establishments of the two Board Committees #1 and #2, and clarified that at the last meeting after closed session, everyone had left and there was a discussion of the establishment of the committees.  He explained that the Board has always had committees, and they have all been established by the Board President. 

 

                             Mrs. Foster verified that there will be an Ohlone College Newark Site Master Planning Workshop on February 24 in the Board Room at 6:00 p.m. 

 

                 Mrs. Foster also requested a list of dates of all the upcoming events for February and March, 2003.

                          

                 Mr. Archer will attend the Town Hall Meeting at the Silliman Center in Newark on February 19, 2003.  He is also attending a benefit, the Elegant Affaire on February 14, Valentines Day, at the Newark Pavilion.  

                 The Board members all wished Mr. Rob Dennis of the Argus well on his

                 new position as evening editor.

 

CLOSED SESSION:   Time:  10:40 p.m.

 

RETURN TO

OPEN MEETING:   Time:  11:15 p.m.

 

Report of Closed

Session Items:

 

1. Public Employee Appointments/Employments:  Government Code Section

54957

 

a. Approval of Employment:  Financial Aid/Admissions and Records Communication

Management Technician

           

               (Removed from Agenda)

 

b. Approval of Employment:  Bookstore Operations Coordinator

 

               (Removed from Agenda)

 

2. Conference with Labor Negotiator: Government Code Section 54957.6   Meeting with District Staff (Hogue and Engeldinger) and/or Negotiator (Zampi) RE:  CSEA/UFO/SEIU/Negotiations/Settlement

 

a.                       The Board took no reportable action.

 

3. Public Employee Discipline/Dismissal/Release:  Government Code

Section 54957

                                

a. (Attachment 19)   The Board took action for probationary release of a classified employee.

 

Motion Approved Moved/Foster/Seconded/Weed/Passed to approve Item 3a.  A roll call vote was taken:  Ayes:  Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer.  Noes:  0; Abstain:  0; Absent:  0.

4. Conference with Real Property Negotiator:  Government Code Section

54956.8

a. Property: Hill above the campus: 43600 Mission Blvd., Fremont, CA 94539

b. Negotiating Party: Floyd M. Hogue, Ph.D

c.                         Under lease negotiations concerning terms and price

 

                 Trustee Weed left the room due to a conflict of interest.

 

                 The Board took no reportable action.

 

5. Public Employee Retirements/Resignations:  Government Code Section

54957

 

a. (Attachment 20) Approval of Early Retirement: Director of Financial Aid

 

Motion Approved Moved/Foster/Seconded/Yee/Passed to approve Item 5a.  A roll call vote was taken:  Ayes:  Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer.  Noes:  0; Abstain:  0; Absent:  0.

 

 

ADJOURNMENT: Time: 11:20 p.m.

                     

           

  

                         John H. Weed

                         Secretary