OHLONE COMMUNITY COLLEGE DISTRICT
43600 Mission Boulevard, Fremont, CA 94539
Minutes of Board Meeting
March 12, 2003 APPROVED
Page 1 of 8 Pages March 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
PRESENT: Dr. Floyd Hogue, President/Superintendent
Ms. Deanna Walston, Vice President, Business Services/Deputy Superintendent
Dr. Lisa Waits, Vice President, Student Services
Mr. Lyle Engeldinger, Executive Dean of Human Resources
SENATE: Mr. Patrick Lane
REPRESENTATIVE: Mr. Rob Smedfjeld
OPEN MEETING: Mr. Archer called the meeting to order at 6:30 p.m.
Mr. Brunton led the pledge of allegiance.
The roll was called and all members were present.
CLOSED SESSION: Time: 6:32 p.m.
OPEN MEETING: Time: 8:00 p.m.
Report of Closed
1. Public Employee Appointments/Employments: Government Code Section
a. There were no Public Employee Appointments/Employments.
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
a. The Board took no reportable action.
4. Public Employee Retirements/Resignations: Government Code Section
a. (Attachment 1) Approval of Early Retirement: Professor, Biology
b. (Attachment 2) Approval of Retirement: Professor, Engineering
Motion Approved Moved/Foster/Seconded/Yee/Passed to approve Items 4a and b. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: 0.
5. Selection of President/Superintendent: Government Code Section 54957(b)(1)
a. The Board took no reportable action.
6. Personnel Items
a. (Attachment 3) Approval of One-Year Probationary Faculty Contracts
b. (Attachment 4) Approval of Two-Year Probationary Faculty Contracts
c. (Attachment 5) Approval of Tenure Faculty Recommendations
7. (Attachment 6) Approval of Accounts Payable and Payroll Warrants
Accounts Payable Warrants Issued: 57-025752 through 57-025990; Payroll
Warrants Issued: 47-025527 through 47-025914; Payroll Warrants Cancelled:
47-025915; Payroll Warrants Voided: 47-025550, 47-025639; 47-025734,
47-025837, 47-025848, 47-025850, 47-025855, 47-025861, 47-025863,
47-025865, 47-025888, 47-025910
8. (Attachment 7) Approval of Minutes, Board Meeting, February 26, 2003
9. (Attachment 8) Approval of Acceptance of Completion--Building 20 Fire Damage Project
10. (Attachment 9) Approval of a Contract with Gilbert Associates, Inc. for a Measure A Bond
11. (Attachment 10) Ratification of Contract Education Agreements: Nummi; Nancy's Specialty Foods (2), and Adjustments to the Budget
12. (Attachment 11) Approval of Appointments to the Special Program Advisory Committees
13. (Attachment 12) Approval of Appointments to the Smith Center Community Advisory Board
14. (Attachment 13) Approval of Appointments to the Occupational Advisory Committees
Motion Approved Moved/Foster/Seconded/Yee/Passed to approve Items 6 through 14. 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).
the Audience Mr. Kevin Kirk, High Tech Center, Access Specialist, expressed his disappointment that his position was designated for layoff and hoped the Board would reconsider his position.
Mr. Trevor Nguyen, President of Associated Students of Ohlone College (ASOC), expressed his concerns regarding the Board approved 2003-04 release of the Campus Activities Director, Ms. Mara Van de Ven.
15. (Attachment 14) Approval of Memorandum of Understanding Between the City of Newark, Ohlone Community College District, Alameda County Library, and Newark
Unified School District
Dr. Hogue recommended approval of the District to participate in the Second Phase Feasibility Study for a Joint Use Library to serve Ohlone College, the City of Newark, the Alameda County Library, and the Newark Unified School District.
Motion Approved Moved/Foster/Seconded/McMillin/Passed to approve the Memorandum of Understanding with Anderson Brule Architects, Inc. Ayes: Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer. Noes: 0; Abstain: 0;
Absent: 0. (Advisory Vote - Ayes: Der Bing).
16. (Attachment 15) Ratification of Memorandum of Understanding (MOU) Confirmation of Faculty Service Areas and Establishment of Faculty Competency Requirements When Determining Retreat Rights and Seniority
Dr. Hogue indicated that the District and the UFO bargaining representatives have negotiated a proposed Memorandum of Understanding (MOU), which confirms Faculty Service Areas, and establishes criteria concerning faculty retreat rights and seniority during reductions in service.
Motion Approved Moved/Nardolillo/Seconded/Foster/Passed to approve the MOU between the District and the UFO, which sets forth confirmation of the establishment of the Faculty Service Areas within the District and defines faculty competency requirements, to be used when determining retreat rights and seniority during reductions in force or reductions in service. Ayes: Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer. Noes: 0; Abstain: 0; Absent: 0. (Advisory Vote - Ayes: Der Bing).
17. (Attachment 16) Approval of Contract for General Contractor for Child Development Center
Ms. Walston stated that the Staff received approval from the State Chancellor's Office to request bids for the construction of this project. She advised that the lowest responsive bidder was D. L. Falk Construction, Inc.
Motion Approved Moved/Nardolillo/Seconded/Yee/Passed to approve a contract for the construction of the Child Development Center Project with D. L. Falk Construction, Inc., pending state approval and release of funding, in the amount of $3,721,033. Ayes: Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer. Noes: 0; Abstain: 0; Absent: 0. (Advisory Vote - Ayes:
18. (Attachment 17) Approval of Contract for Construction Management Services for Child Development Center Project
Ms. Walston reported that Consolidated CM was found to be the most qualified due to past experience at Ohlone with the ICC Project and the qualifications of Mr. Steven Koche and his firm. She noted that there are sufficient funds in the Child Development Center construction budget for construction management services.
Motion Approved Moved/Nardolillo/Seconded/Yee/Passed to approve a contract with Consolidated CM for construction management services pending State approval of funding for the Child Development Center construction project in the amount of $82,400. Ayes: Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer. Noes: 0; Abstain: 0; Absent: 0. (Advisory Vote - Ayes: Der Bing).
19. (Attachment 18) Approval of Contract for Testing/Inspection Services for Child Development Center Project
Ms. Walston reported that Consolidated Engineering Laboratories exhibited the best understanding of the required testing and inspection services necessary to address the project. She added that Consolidated Engineering Laboratories proposes to provide testing and inspection for a sum of $39,593.20.
Motion Approved Moved/Foster/Seconded/Yee/Passed to approve a contract with Consolidated Engineering Laboratories for testing and inspection services for the Child Development Center Project in the amount of $39,593.20. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, Archer. Noes: McMillin; Abstain: 0; Absent: 0. (Advisory Vote - Ayes: Der Bing).
20. (Attachment 19) Approval of Contract for Inspector of Record (IOR) for Child Development
Ms. Walston recommended Mr. Martin Scott, an independent contractor, who was interviewed by Ohlone Staff and selected from two other candidates, to perform inspection services which are mandated by the state and involve the inspection oversight of the construction activities and specific Division of State Architect (DSA) reporting responsibilities.
Motion Approved Moved/Yee/Seconded/Foster/Passed to approve the contract with Mr. Martin Scott for Division of the State Architect (DSA) Inspector Services, not to exceed
$78,000. Ayes: Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer. Noes: 0; Abstain: 0; Absent: 0. (Advisory Vote - Ayes: Der Bing).
21. (Attachment 20) CCCT Board Election--2003
The Board selected nine members for the CCCT Board Election which takes place between March 10 and April 25, 2003. There are ten two-year vacancies on the board, although the trustees chose to elect nine members. Mr. Bill McMillin, Ohlone Community College District, was nominated as one of the nine candidates.
Motion Approved Moved/Yee/Seconded/Weed/Passed to approve the CCCT Board of Directors Election--2003: Jess H. Reyes, Contra Costa CCD, Donald L. Singer, San Bernardino CCD, Mary Mason, Foothill-DeAnza CCD, Patricia Miljanich, San Mateo CCD, Bill McMillin, Ohlone CCD, Michele R. Jenkins, Santa Clarita CCD, Charles Hayden, Jr., Desert CCD, Dawn M. Wright, San Jose-
Evergreen CCD, Anthony E. Bugarin, San Joaquin Delta CCD. Ayes: Nardolillo, Brunton, Weed, Foster, McMillin, Yee, Archer. Noes: 0; Abstain: 0; Absent: 0. (Advisory Vote - Ayes: Der Bing).
22. (Attachment 21) Consideration of Bond Oversight Committee Report
Ms. Walston advised that Ms. Pat Danielson, Chair of the Bond Oversight Committee, would not be able to attend tonight, but will provide a report
at the March 26 Board Meeting .
23. (Attachment 22) Consideration of Lease with East Bay Regional Park District
Mr. Weed excused himself from the room and advised he would abstain on
Item 23 due to a conflict of interest.
Dr. Hogue reviewed the lease agreements between Ohlone Community College and the East Bay Regional Park District that terminates on April 5, 2003. He advised that the College would like to offer a temporary solution to allow for extra time for completion of the proposed lease and negotiations. He noted
that the College would like to preserve the status quo until a new lease is in place.
Motion Approved Moved/Brunton/Seconded/Foster/Passed to approve Consideration of Lease with East Bay Regional Park District. Ayes: Nardolillo, Brunton, Foster, McMillin, Yee, Archer. Noes: 0; Abstain: Weed; Absent: 0. (Advisory Vote - Ayes: Der Bing).
24. Discussion of Bond Issues
Ms. Walston advised that there will be a Public Workshop on March 19 at
6:00 p.m. regarding the Master Planning Options for Ohlone College Newark Center. The MBT Architects will present displays of different models for the new center.
Ms. Walston indicated that Mr. Don Eichelberger, Bond Project Manager, will present a project delivery method for consideration at the March 26 Board Meeting. She advised that staff would like to hire a construction management firm that serves as a general contractor who will give a guaranteed maximum price for the project.
Administrators: Dr. Hogue, Mr. McMillin, Mr. Nardolillo, and Mr. Brunton will attend the workshop on March 24 at the Sisters of the Holy Family at 5:00 p.m. The
topic of discussion is a specific plan for the entire Mission San Jose Area.
Dr. Hogue attended a CEO Conference last week and one of the speakers was
Mr. Jack Scott, Chair of the Senate Budget Committee.
Ms. Walston indicated that staff is starting the process of revising the 2003-04 budget projections and will look at a number of areas such as utilities, contracted services, and general insurance. She added that staff will try to submit the latest projection to the budget committee later this month.
Dr. Waits thanked the Board for nominations in the past for outstanding alumni and to submit any new nominations to Ms. Van de Ven.
Items from Classified
Senate: Mr. Lane indicated that classified staff have raised several questions since the cuts have been announced and would like to clarify questions such as layoffs and dismissals. Dr. Hogue noted that there will be two forums March 17-18
which will be open for discussion following the forum.
Items from Faculty: Mr. Smedfjeld stated that he wanted to follow up with Mr. Nguyen's and
Mr. Lane's statements and acknowledged that it is difficult to be public about things discussed in Closed Session, but would appreciate as much information as possible to inform the faculty. He questioned the rationale that went into the decision to cut some of these programs and positions.
Items from the Board: Mr. Der Bing mentioned that on March 17, the ASOC and 150 students, staff, and faculty will be attending a Budget Crisis Rally in Sacramento to protest the proposed cuts and fee raises.
Mr. Der Bing announced that he will present the Student Member Board of Trustees Award to two students at the March 26 Board Meeting.
Mr. McMillin reminded the Board that on March 20, 2003, there will be an Alameda County School Boards Association presentation by Mr. Jack O'Connell, State Superintendent of Public Instruction.
Mr. Yee distributed invitations to attend an upcoming event given by the Citizens for a Better Community.
Mr. Brunton mentioned that he and Mr. Rick Geha, President of Ohlone Foundation Board, will emcee the Fremont Education Foundation Telethon to be televised on March 18-19, an event that will fund music programs for elementary schools in the Tri-City Area.
Mr. Weed emphasized the need to integrate technology into our programs, and continually to look at our master plan and be sure that it is updated on a regular basis.
The Board wished Mr. McMillin good luck in the upcoming CCCT Election, and also the students as they travel to Capitol Hill.
ADJOURNMENT: Time: 9:35 p.m.
John H. Weed