OHLONE COMMUNITY COLLEGE DISTRICT

Ohlone College

Room 1216

43600 Mission Boulevard, Fremont, CA 94539

 

Minutes of Board Meeting

June 11, 2003 APPROVED

Page 1 of 13 Pages June 25, 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. Clifton Der Bing, Student Trustee

 

MANAGEMENT

PRESENT: Dr. Floyd Hogue, President/Superintendent

Dr. James Wright, Vice President, Instruction

Dr. Lisa Waits, Vice President, Student Services

Mr. Lyle Engeldinger, Executive Dean of Human Resources

 

CLASSIFIED

SENATE: Mr. Patrick Lane

 

FACULTY SENATE

REPRESENTATIVE: Mr. Rob Smedfjeld

 

OPEN MEETING: Mr. Archer called the meeting to order at 6:32 p.m.

 

Mrs. Foster led the pledge of allegiance.

The roll was called and all members were present except Mr. Nardolillo and Mr. Brunton. Mr. Brunton arrived at 6:34 p.m.

 

Items 6f, 20, 21, 28 and 31 were removed from the Agenda.

 

Dr. Hogue announced that Items 1, 2, 3, 4, and 5 would be discussed during Closed Session.

 

CLOSED SESSION: Time: 6:34 p.m.

 

RETURN TO

OPEN MEETING: Time: 7:40 p.m.

 

Report of Closed

Session Items:

 

1. Public Employee Appointments/Employments: Government Code

Section 54957

 

a. (Attachment 1) Approval of Adjunct Instructors for 2003 Summer Session

 

b. (Attachment 2) Approval of Other Hourly Employees

 

c. (Attachment 3) Approval of Family Medical Leave of Absence: Dean

 

d. (Attachment 4) Approval of Employment: Regional Specialist (Gallaudet)

Item removed from the agenda.

 

e. (Attachment 5) Approval of Employment: Collaboration Specialist (Gallaudet)

Item removed from the agenda.

 

Motion Approved Moved/Foster/Seconded/Yee/Passed to approve Item 1a through c. A roll

call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer;

Noes: 0 ;Abstain: 0 Absent: Nardolillo.

 

2. (Attachment 6) 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. (Attachment 7) Public Employee Discipline/Dismissal/Release: Government Code

Section 54957

a. The Board took action to approve the non-renewal of an academic manager

for the 2004-2005 school year.

 

Motion Approved Moved/Foster/Seconded/Weed/Passed to approve the non-renewal of an

academic manager for the 2004-2005 school year. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0

Absent: Nardolillo.

 

4. Conference with Real Property Negotiator: Government Code Section 54956.8

a.Location: Behind the Campus (Ohlone College)

b.      Negotiators: Ohlone Community College District and the East Bay Regional Park District

c.Items to be Negotiated: Price and Terms of Payment

 

The Board took no reportable action.

 

5. Public Employee Retirements/Resignations: Government Code Section 54957

 

a. (Attachment 8) Approval of Addendum of Early Retirement: Coordinator, Health Sciences

Skills Lab

 

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

Abstain: 0; Absent: Nardolillo.

 

CONSENT

CALENDAR:

 

6.                  Personnel Items:

 

a. (Attachment 9) Approval of a Half-Time Employment Contract with Community Events

Coordinator

 

b. (Attachment 10) Approval of Payout of Vacation for Classified Manager

 

c. (Attachment 11) Approval of Payout of Vacation for Classified Manager

 

d. (Attachment 12) Approval of Payout of Vacation for Classified Employee

 

e. (Attachment 13) Approval of Request for President/Superintendent Payout for Unused 2002-

2003 Vacation

 

f. (Attachment 14) Approval of New Classified Job Description: Computer Lab Coordinator

(Item removed from the Agenda.)

g. (Attachment 15) Approval of Amended Step Placement on the Management Salary Schedule: Dean

 

 

 

 

h. (Attachment 16) Approval of New Confidential Classified Job Description: Executive Assistant

to the Executive Dean of Student Services and the Dean of Counseling

 

7. (Attachment 17) Approval of Accounts Payable and Payroll Warrants

 

Approval of Accounts Payable Warrants: 57-026953 through 57-027365,

57-027366 through 57-027588; Accounts Payroll Warrants: 47-026658 through 47-027019

 

8. (Attachment 18) Approval of Minutes, Board Meeting, May 28, 2003

 

9. (Attachment 19) Approval of International Study Travel Proposal

 

10. (Attachment 20) Approval of Joint Powers Agreement with Washington Township Health Care

District

 

11. Authorization for the Private Sale of Surplus Personal Property (Portable

Basketball Goals)

 

Mr. Brunton requested that Item 11 be removed from the consent calendar for

discussion.

 

12. (Attachment 21) Authorization for the Private Sale of Surplus Personal Property (Pianos)

 

13. (Attachment 22) Authorization for the Private Sale of Surplus Personal Property (Newark

Equipment/Music)

 

14. (Attachment 23) Ratification of Contract Education Agreement: Magnum Drywall and

Adjustments to the Budget

 

Motion Approved Moved/Foster/Seconded/Yee/Passed to approve Items 6a-e and 6g through 10

and 12 through 14. A roll call vote was taken: Ayes: Brunton, Weed, Foster,

Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

Communications from None

the Audience

 

Ceremonial Items: None

 

PUBLIC HEARING:

 

15. (Attachment 24) Public Hearing to Establish the 2003-2004 Appropriations Limit

 

1.      Open Hearing for Comments from Citizens

None

2.      Discussion at Board Level

Mr.Yee requested clarification of the Gann Initiative. Ms. Walston advised

that the Gann Limit was a measure that was approved in Proposition 13

and that there is a calculation that the District has to prepare each year to

determine what its appropriation level is and if the District's Tentative

Budget Appropriations are within the calculated limit.

3.      Hearing Closed

Mr. Archer declared the hearing closed.

 

PUBLIC HEARING:

 

16. (Attachment 25) Public Hearing on the Proposed Tentative Budget of the Ohlone Community

College District for Fiscal Year 2003-2004

1.      Open Hearing for Comments from Citizens

None

2.      Discussion at Board Level

Dr. Hogue stated that the Public may discuss and express itself on the proposed tentative budget for the Ohlone Community College District for

the fiscal year 2003-2004. Mr. Brunton and Mr. Weed expressed concern regarding the status of the budget for this year and the coming year.

3.      Hearing Closed

Mr. Archer declared the hearing closed.

 

OTHER SCHEDULED

ITEMS:

 

11. (Attachment 26) Authorization for the Private Sale of Surplus Personal Property (Portable

Basketball Goals)

 

Mr. Brunton requested clarification on the District's process for surplusing personal property. Ms. Marian Castaneda, the District's Director of Purchasing, Contract Administration and Auxiliary Services, responded that per the Education Code No. 81452, the governing board may authorize the private sale of surplus Personal Property that does not exceed, in value, the sum of $5,000.

 

Motion Approved Moved/Brunton/Seconded/Foster/Passed to approve 1) the surplus of personal property and 2) the private sale of the Portable Basketball Goals. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

17. (Attachment 27) Approval of 2003-2004 Appropriations Limit

 

The Gann Initiative requires that expenditure limitations shall be established

each year by every community college district, pursuant to Article XIIIB of the California Constitution. In accordance with Section 7910 of the Government

Code, the governing body of each community college district shall determine

its appropriations limit.

 

Staff has calculated that the Tentative Budget Appropriations are within the calculated limit.

 

Motion Approved Moved/Foster/Seconded/McMillin/Passed to approve the appropriations limit

that has been determined by the staff for the 2003-2004 fiscal year, pursuant to Article XIIIB of the California Constitution. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo. (Advisory Vote - Ayes: Der Bing)

 

18. (Attachment 28) Approval of 2003-2004 Tentative Budget

Ms. Walston asked Ms. Schultz to briefly review the tentative budget.

Ms. Schultz stated that on May 14 the 2003-04 Tentative Budget was

Presented at the budget workshop. The 2003-04 Tentative Budget assumes budgetedrevenues at $47,653,394 and budgeted expenditures at $60,606,239

for all funds.

Staff will revise the budget assumptions once the Governor signs the 2003-04

State Budget. Any recommended 2003-04 budget changes will be reviewed

by staff at a joint meeting of the Ohlone College Strategic Planning Committee

and the Ohlone College Budget Committee on August 26, 2003.

 

A 2003-04 Final Budget Workshop is scheduled on September 3, 2003. The

public hearing and the adoption of the Final Budget are scheduled on

September 10, 2003.

 

Motion Approved Moved/Foster/Seconded/Yee/Passed to approve 2003-2004 Tentative Budget

as presented by staff at the budget workshop A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo. (Advisory Vote - Ayes: Der Bing)

 

19. (Attachment 29) Discussion of Issues Related to Ohlone College Newark Site Draft Master Plan MBT Architects presented a draft master plan for the Ohlone College Newark

 

 

 

site on June 4, 2003. The architects requested feedback from the Board on the draft plan so that any modifications can be part of the final master plan

scheduled to be approved by the Board on June 25, 2003.

 

Mr. David Dixon from Treadwell & Rollo, Mr. Stevens Williams and Ms. Karen Cribbin-Kuklin, MBT Architects, responded to the feedback from the Board relating to the Ohlone College Newark Site Draft Master Plan, including the following topics: partnership sites, parking capacity, roadways, Joint Use Library, emergency vehicles access, signage, fire ordinances, and engineering features. Board members agreed that it was not necessary to have a Master

Plan Workshop next week.

20. (Attachment 30) Approval of Amendment to December 12, 2001 Board Memorandum--Title

Change Administrative Secretary I.

 

(Item removed from the Agenda.)

 

21. (Attachment 31) Approval of Amendment to September 12, 2001, Board Memorandum--Revised

Job Description and Title Change of Administrative Secretary to Administrative Secretary I

 

Item removed from the Agenda.

 

22. (Attachment 32) Approval of Contract Between Dr. Douglas Treadway, President/Superintendent, and the Ohlone Community College District

 

Dr. Hogue advised that this is a contract between Dr. Douglas Treadway and the Ohlone Community College District, effective July 1, 2003, and ending June 30, 2006.

 

Motion Approved Moved/Brunton/Seconded/Weed/Passed to approve the Employment Agreement (Resolution No. 57/02-03) between the Ohlone Community College District and

the President/Superintendent A roll call vote was taken: Ayes: Brunton, Weed,

Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo

 

23. (Attachment 33) Approval of Receipt of Initial Bargaining Proposal for the Service Employees International Union (SEIU), Local 790, for Negotiations for Fiscal Year 2003-

2004

 

Dr. Hogue stated that the District received the initial bargaining proposal from

the SEIU, Local 790, on limited contract re-openers for the Fiscal Year 2003-

2004.    The negotiation timetables were proposed. Dr. Hogue recommended

that the Board approve the proposed 2003-2004 negotiating timetables.

 

Motion Approved Moved/Foster/Seconded/Yee/Passed to approve the proposed 2003-2004 negotiating timetables. A roll call vote was taken: Ayes: Brunton, Weed,

Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo

 

24. (Attachment 34) Approval of Receipt of Initial Bargaining Proposal for the United Faculty of

Ohlone (UFO) for Negotiations for Fiscal Year 2003-2004

 

Dr. Hogue stated that the District received the initial bargaining proposal from the UFO on limited contract re-openers for the Fiscal Year 2003-2004. The

negotiation timetables were proposed, and Dr. Hogue recommended that the negotiating timetables be approved.

Motion Approved Moved/Weed/Seconded/Foster/Passed to approve the proposed 2003-2004 negotiating timetables A roll call vote was taken: Ayes: Brunton, Weed,

Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

25. (Attachment 35) Approval of Receipt of Initial Bargaining Proposal for the California School Employees Association (CSEA), Chapter 490, for Negotiations for Fiscal

Year 2003-2004

 

Dr. Hogue stated that the District received the initial bargaining proposal from

the CSEA, Chapter 490, on limited contract re-openers for the Fiscal Year 2003-2004. The negotiation timetables were proposed, and Dr. Hogue recommended approval of the proposed 2003-2004 negotiating timetables.

 

Motion Approved Moved/Weed/Seconded/Foster/Passed to approve the proposed 2003-2004 negotiating timetables A roll call vote was taken: Ayes: Brunton, Weed,

Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

26. (Attachment 36) Approval of Lease Agreement with East Bay Regional Park District

 

The District's original operating lease with the East Bay Regional Park District terminated on April 5, 2003. Both parties have utilized a temporary month to month extension of the original lease since that date to provide time for a new

lease to be negotiated. Mr. Ray McDevitt of the law firm of Hanson, Bridgett, Marcus, Vlahos & Rudy drew up a new operating lease modifying a number

of key lease provisions based on previous input from the Board concerning the

need for more flexibility.

 

(Attachment 37) Ms. Walston distributed a redlined draft prepared by Mr. McDevitt comparing

the differences between the original document and revised document.

 

Motion Approved Moved/Yee/Seconded/McMillin/Passed to approve Board Resolution

No 54/02-03, which authorizes the proposed operating lease agreement with

the East Bay Regional Park District A roll call vote was taken: Ayes:

Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

27. (Attachment 38) Approval to Rescind Award of Contract to MCSI, Inc. for Bond Project 3-8, Classroom/Lab Upgrade Phase A

 

The Board authorized an award of contract to MCSI, Inc. for the Bond Project Classroom/Lab Upgrade Phase A for $408,152 on May 14, 2003.

 

MCSI, Inc. is unable to fulfill the bonding requirements for the contract;

therefore, staff is requesting the Board rescind the award of contract.

 

Motion Approved Moved/Foster/Seconded/Yee/Passed to rescind the award of contract to

MCSI, Inc. for Bond Project #3-8, Classroom/Lab Upgrade Phase A in the

amount of $408,152 A roll call vote was taken Ayes: Brunton, Weed,

Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

28. (Attachment 39) Approval of Award of Contract to Coast Business Communications, Inc. for

Bond Project 3-8, Classroom/Lab Upgrade Phase A

 

Item 28 was removed from the Agenda.

 

29. (Attachment 40) Ratification of Electricity Contract Extension with Constellation New Energy

 

The District has been a party to the California Community College League electricity contract since 1998. This contract had been serviced by Enron,

which terminated its electricity contract with the League members on very

short notice in August, 2002.

The League was able to secure a contract, which preserved the favorable

pricing status of direct access delivery with Constellation/AES New Energy

for the period August 22, 2002, through March 31, 2003, and then extended

to June 30, 2003. Another extension is being recommended by the League

which would secure the contract for an 18-month period.

 

Ms. Walston referred to the spreadsheets that identified the 18 month savings

from this contract versus the utility rates that we would be charged if we were

to return to PG&E.

 

The Board discussed various ways on how to maximize energy efficiency.

Motion Approved Moved/Brunton/Seconded/Foster/Passed to approve the ratification of the Constellation New Energy contract extension for the period of July 1, 2003

through December 21, 2004 A roll call vote was taken: Ayes: Brunton,

Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent:

Nardolillo.

 

30. (Attachment 41) Review of Preliminary Findings and Recommendations from Hazardous

Materials Field Investigator at the Ohlone College Newark Site

 

Mr. Don Eichelberger, Consultant, introduced Mr. David Dixon, of Treadwell

& Rollo. Mr. Dixon reviewed his environmental and geotechnical report and answered questions regarding his preliminary findings and recommendations relating to his investigation for hazardous material at the Ohlone College

Newark Site.

 

31. (Attachment 42) Approval of Contract with the Department of Toxic Substance Control

 

Item 31 was removed from the Agenda.

 

32. (Attachment 43) Approval of Contract Amendment with Treadwell & Rollo

 

On February 12, 2003, the District entered into a contract with Treadwell &

Rollo for a hazardous materials investigation on the Ohlone College Newark

Site. An amendment to this contract is needed for Treadwell & Rollo to

complete the data analysis, based on the field investigation, to evaluate the

findings and to work with the Department of Toxic Substances Control to

determine the options and potential parameters of a voluntary mitigation

agreement on behalf of the District. It is estimated that the fees for this contract amendment will be $41,640.

 

Motion Approved Moved/Foster/Seconded/Yee/Passed to approve the contract amendment with Treadwell & Rollo at a fee not to exceed $41,640 A roll call vote was taken

Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

33. (Attachment 44) Approval of Contract for Construction Management Services for Bond

Campus Projects

 

Consolidated Professional Construction Management proposes to assist the

District in overseeing six bond projects for a sum not to exceed $30,000.

There are sufficient funds in the six Bond campus projects for this service.

It has been estimated that approximately two four-hour weekly inspections

would be needed to oversee the projects. This contract proposal provides the College with the flexibility to decrease or increase the hours as needed with

the approval of the Director of Facilities.

 

Motion Approved Moved/Foster/Seconded/Brunton/Passed to approve a contract for construction management services for Bond campus projects with Consolidated Professional Construction Managers for a sum not to exceed $30,000 A roll call vote was

taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0;

Abstain: 0; Absent: Nardolillo.

 

34. (Attachment 45) Approval of Award of Contract for Bond Project #3-10, Gym Flooring

 

The bond project for the replacement of the gym floor was originally bid in

May and only one bid was received. With Board approval, the scope was

expanded and re-advertised.

Bids for the Gym Flooring were again opened on June 9, 2003. D.L. Falk

was the lowest bidder. Sufficient Bond funds are available to award the base

bid and alternates 1, 2, and 3, at a cost of $401,295.

 

Mr. Barros stated that the target date for this project is September 1, 2003, and

that they are working with the Athletic Department to avoid conflict with classes.

 

Motion Approved Moved/Brunton/Seconded/Yee/Passed to authorize a contract with D.L. Falk for

the Gym Floor Project in the amount of $401,295 A roll call vote was taken:

Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

35. (Attachment 46) Approval of Request to State Chancellor Thomas Nussbaum to Waive the Full-Time Faculty Obligation Requirement for the 2003-2004 Year

 

A memorandum was drafted to State Chancellor Thomas Nussbaum to request waiving the Full-Time Faculty Obligation requirement for the 2003-2004 year. This request was presented to the Ohlone College Faculty Senate and was

approved by that body on May 14, 2003.

 

There was a discussion regarding the District being at risk for penalties of

$50,000-$70,000 per faculty member below the obligation requirement if the

waiver is not granted. It was also noted that the waiver was only for one year.

 

Motion Approved Moved/Foster/Seconded/Brunton/Passed to approve the Request to Waive the

Full-Time Faculty Obligation requirement for the 2003-2004 year and authorize

the President/Superintendent to submit the request to California Community College Chancellor, Thomas Nussbaum, for his consideration A roll call vote

was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo. (Advisory Vote - Ayes: Der Bing)

 

36. (Attachment 47) Approval of Resolution No. 56/02-03 to Sign and Submit Contract for the Workability III Program

 

The Department of Rehabilitation is renewing the WorkAbility III contract

with our Deaf Studies and Special Services Division. This will be a three-year contract running from July 1, 2003, to June 30, 2006. The contract provides a budget of $278,118 for the 2003-2004 fiscal year and covers the salaries and benefits for a 50 percent Learning Disabilities Counselor, an Employment Developer, two Job Placement Specialists, a 50 Percent Interpreter/Job

Counselor, and an Administrative Assistant.

 

Motion Approved Moved/Weed/Seconded/Foster/Passed to approve Resolution 56/02-03 to sign

and submit the attached contract for WorkAbility III funding to the Department

of Rehabilitation A roll call vote was taken: Ayes: Brunton, Weed, Foster,

Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo. (Advisory

Vote - Ayes: Der Bing

Items from

Administrators: Dr. Wright stated that summer school is going well and that over half of the classes are full.

 

Dr. Waits noted that staff will meet with the Student Support Services Building architects tomorrow.

Items from Classified

Senate: Mr. Lane raised a question about the safety and operation of the campus elevators. He noted that the elevator permits are not current. He recommended that the elevators be taken out of service until this issue is resolved.

Ms. Walston informed the Board that the College does have current elevator permits and that Mr. Barros has checked the service contracts.

 

Items from Faculty: None

 

Items from the Board: Mr. Der Bing stated ASOC met today for its monthly meeting and that their office has been moved to Room 1130. He also noted that there has been active participation in the Student Ambassador Program. ASOC will attend the meeting with architects for the Student Support Services Building tomorrow.

Mr. McMillin attended Newark Mayor David Smith's city address today; noting that he discussed the College's new campus and Joint Library.

Mr. McMillin also stated that he has been using the website, remarking that

it always works and is current.

 

Mr. Yee referred to the article in today's Argus regarding concurrent enrollment problems in California Community Colleges. Dr. Wright advised that all of Ohlone College's concurrent enrollment classes with the high schools are on our website. Dr. Waits stated that the College was just audited and that everything is in place, noting that Mr. Ron Travenick, Executive Dean of Enrollment, does a tremendous job.

 

Mr. Brunton referred to high school graduations and what process the College is using to recruit student for the Fall Semester. Dr. Waits mentioned that Student Ambassadors have made approximately 90 high school visits.

Mr. Brunton also mentioned that the Board of Trustees has been invited to participate in Fremont's 4th of July Parade.

 

Mr. Weed remarked that CalPERS health rates will be very high, with a 20 percent higher cost under Kaiser then under their general members. He noted that this is one of the issues that the state is researching. He recommended

that the District seek bids on other health care providers. Ms. Walloon stated that this issue is very complicated and has to be negotiated with the unions.

 

Mr. Archer stated that the Retired Teachers' Association will have its summerfest on the Ohlone Campus on August 6.

 

CLOSED SESSION: None

 

ADJOURNMENT: Time: 10:41 p.m.

 

 

John H. Weed

Secretary