OHLONE COMMUNITY COLLEGE DISTRICT

Ohlone College

Room 1216

43600 Mission Boulevard, Fremont, CA 94539

 

Minutes of Board Meeting

June 25, 2003 APPROVED

Page 1 of 12 Pages July 9, 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

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: Mr. Patrick Lane

 

FACULTY SENATE

REPRESENTATIVE: Mr. Rob Smedfjeld

 

OPEN MEETING: Mr. Archer called the meeting to order at 6:35 p.m.

 

Mr. Archer led the pledge of allegiance.

The roll was called and all members were present except Mr. Nardolillo.

 

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

 

CLOSED SESSION: Time: 6:37 p.m.

 

RETURN TO

OPEN MEETING: Time: 7:30 p.m.

Report of Closed

Session Items:

 

1. Public Employee Appointments/Employments: Government Code Section

54957

 

a. (Attachment 1) Approval of Other Hourly Employees

 

b. (Attachment 2) Approval of Employment: Regional Specialist (Gallaudet)

 

c. (Attachment 3) Approval of Employment: Theater Operations Technician

 

Motion Approved Moved/Foster/Seconded/McMillin/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 4) 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. The Board took no reportable action.

 

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 5) Approval of Resignation: Maintenance Energy Electrician

 

(Item removed from Agenda)

 

b. (Attachment 6) Approval of Resignation: Off-Site Employment Developer

Motion Approved Moved/Yee/Seconded/Foster/Passed to approve Item 5b. Item 5a was removed from the Agenda. 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. Approval of New Classified Job Description: Computer Lab Coordinator

Mr. Brunton requested that Item 6a be removed from the consent calendar for discussion.

 

b. (Attachment 7) Approval of Extension in Work Schedule: Senior Human Resources Specialist

 

7. (Attachment 8) Approval of Accounts Payable Warrants

 

Approval of Accounts Payable Warrants: 57-027589 through 57-027799

 

8. (Attachment 9) Approval of Minutes, Board Meeting, June 11, 2003

 

9. Authorization for Private Sale of Surplus Personal Property (copy machine)

 

Item 9 will be on a future Agenda.

 

10. (Attachment 10) Approval of Consulting Contract Ė Brannen Consulting

 

Motion Approved Moved/Foster/Seconded/Brunton/Passed to approve Items 6b through 8 and 10.

A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

Communications from

the Audience Ms. Pat Snow, community member, expressed her concern about the usage of taxpayer funds to advertise Ohlone College on Channel 4, especially since she had been reading articles in the local newspaper about cuts in the budget. She requested the cost figures on what Ohlone is spending on advertising.

Dr. Hogue informed her that Ms. Walstonís office would be able to provide her with these figures.

 

Ms. Snow also informed the Board that the parking meters on the upper campus were out of order, making it difficult to park.

Mr. Brunton referred to several e-mails and phone calls that he received regarding an article published in The Argus following the June 11th Board meeting. Mr Brunton clarified his intent, which was to inquire about Ohlone Collegeís policies and procedures concerning matters regarding faculty/student dating. This has been a concern at the University of California campuses.

Ceremonial Items: Mr. Der Bing presented Ms. Katherina Bui with the Ohlone College Student Member, Board of Trustee Award for her outstanding achievements at Ohlone

College.

 

Dan Archer presented Mr. Der Bing with a Certificate of Appreciation from the Board of Trustees for his outstanding service as the 2002-2003 student member

and thanked him for his contributions. Mr. Der Bing thanked the Board for this opportunity and noted that he looked forward to working with the Board as President of Student Council.

 

PUBLIC HEARING:

 

11. (Attachment 11) Public Hearing on the Initial Proposal for Negotiations for Fiscal Year 2003-2004, Service Employees International Union (SEIU), Local 790

1.      Open Hearing for Comments from Citizens

None

2.      Discussion at Board Level

None

3.      Hearing Closed

Mr. Archer declared the hearing closed.

 

PUBLIC HEARING:

 

12. (Attachment 12) Public Hearing on the Initial Proposal for Negotiations for Fiscal Year 2003-

2004, United Faculty of Ohlone (UFO)

1.      Open Hearing for Comments from Citizens

None

2.      Discussion at Board Level

None

3.      Hearing Closed

Mr. Archer declared the hearing closed.

 

 

 

 

 

 

PUBLIC HEARING:

 

13. (Attachment 13) Public Hearing on the Initial Proposal for Negotiations for Fiscal Year

2003-2004, California School Employees Association (CSEA), Chapter 490

1.      Open Hearing for Comments from Citizens

None

2. Discussion at Board Level

None

3. Hearing Closed

Mr. Archer declared the hearing closed.

 

OTHER SCHEDULED

ITEMS:

 

6. Personnel Items:

 

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

 

Ms. Linda Evers, CSEA President, requested that item 6a be removed from the agenda. She stated that this job description was not a new job but a combination of two existing jobs and had not been negotiated with the union. Following discussion, Ms. Walston explained that there appears to be some confusion with another new job description, noting that this job description was not a reclassification but a new position.

 

Motion Approved Moved/Brunton/Seconded/Weed/Passed to approve Item 6a. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

18. (Attachment 15) Approval of the Ohlone College Newark Center Phase One Master Plan and Required Intra-Budget Changes

 

Ms. Walston advised that in order to plan the Phase One construction and site development budgets for the Ohlone College Newark Center, the Board of Trustees must approve the Phase One Master Plan including building, underground utility, and site development standards.

Ms. Walston stated that the specific building and site development standards to be utilized for Phase One were reviewed by MBT Architects at the workshop preceding the Board meeting. To incorporate these standards into the Phase One project plan, the Board of Trustees must increase the current project budget of $83,049,565 (excluding the allocation for Group II Furniture and Equipment). An increase of $6,785,887 is necessary based on calculations from the cost estimator. The current Group II allocation for furniture and equipment is $16,465,800. This allocation was developed as a place-holder budget when the bond budget was originally developed. An intra-budget transfer of $6,785,887 from the Group II Furniture and Equipment Budget to the remaining project budget to meet the development objectives of the Phase One Master Plan is recommended by the staff for approval by the Board of Trustees.

 

Ms. Karen Cribbin-Kuklin, MBT Architect, Mr. Don Eichelberger, Consultant, and Mr. Simon Barros were present to address questions and concerns from the Board.

 

Motion Approved Moved/Weed/Seconded/Foster/Passed to approve the Ohlone College Newark Center Phase One Master Plan, and further approve an intra-budget change of $6,785,887 coming from the Group II Furniture and Equipment budget to support the overall site and building development budgets. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

19. (Attachment 16) Approval of Architectural Services Contract for the Ohlone College Newark Center

 

Ms. Walston noted that staff has negotiated a contract with MBT Architecture for the Architectural Design phase of the Ohlone College Newark Center Building Project.

 

The lump sum amount of three million, nine hundred forty five thousand, eight hundred fifty seven dollars ($3,945,857.00), not including reimbursables, is based on a construction budget of $49,098,208 - $52,800,000. The lump sum amount falls within the amount budgeted in the General Obligation Bond Report for architectural services for the Ohlone College Newark Center.

 

Motion Approved Moved/Foster/Seconded/McMillin/Passed to approve the contract with MBT Architecture for the Architectural Services for the Ohlone College Newark Center for an amount not to exceed $3,945,857.00), not including reimbursables. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: Nardolillo.

 

 

 

22. (Attachment 17) Consideration of Bond Oversight Committee Report

Ms. Pat Danielson, Chair of the Bond Oversight Committee, was present to discuss the Bond Oversight Committee report for the period of March 2003 through May 2003. Ms. Danielson advised that the committee is focusing on getting this information out to the community via the Chamber of Commerce, the website, articles in the newspapers, and workshops.

 

Ms. Walston informed the Board that Ms. Yelena Abubekerova, the student representative to the Bond Oversight Committee, has completed her participation as a committee member. A student representative is required as part of the representation base for this committee. Mr. Der Bing and ASOC will assist in the selection process for a student representative.

 

Motion Approved Moved/Brunton/Seconded/Weed/Passed to accept the Bond Oversight Committee Report for the period March 2003 through May 2003 and to appoint a student to represent the associated student body on the Oversight Committee. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: Nardolillo. (Advisory Vote - Ayes: Der Bing).

 

14. (Attachment 18) Approval of Resolution No. 58/02-03, Recognition of President/Superintendent and Granting Emeritus Status

 

Mr. Archer presented a resolution and emeritus status to Dr. Hogue.

Dr. Hogue thanked the Board for his nine years of service and the opportunity to serve the District. Dr. Hogue reviewed some of the changes that have occurred since he arrived including the site safety project, technology infrastructure, network capability, and even changing the District name. He encouraged the Board to continue networking and partnerships with other local agencies. Dr. Hogue noted that he had a wonderful staff and that he was proud of his management team and all that has been accomplished.

 

The staff thanked Dr. Hogue for always having an open door, being a mentor, supportive, and being an amazing supporter of students. They acknowledged how well-respected Dr. Hogue is throughout the community.

Motion Approved Moved/Foster/Seconded/Weed/Passed to approve Resolution No. 58/02-03, Recognition of President/Superintendent and Granting Emeritus Status. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo. (Advisory Vote - Ayes: Der Bing).

 

 

15. (Attachment 19) Public Posting of the Districtís Initial Counterproposal to the Initial Proposal for

Negotiation by the Service Employees International Union, Local 790, (SEIU) for

Fiscal Year 2003-2004

 

Section 3547 of the Government Code and Board Policy 13.1, Public Notice Procedure Relating to Meeting and Negotiation under the Educational Employment Relations Act (EERA), mandate public posting of all initial proposals submitted by the exclusive bargaining organizations and counterproposals of the Board of Trustees.

 

Subsequent to the public postings of the Districtís Initial Counterproposal to the SEIU Initial Proposal, the date for a public hearing on the Districtís Initial Counterproposal will be July 9, 2003.

 

Motion Approved Moved/Yee/Seconded/Foster/Passed to direct the Administration to publicly post the Districtís Initial Counterproposal; and set a public hearing on the Districtís Initial Counterproposal for July 9, 2003. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

16. (Attachment 20) Public Posting of the Districtís Initial Counterproposal to the Initial Proposal for

Negotiation by the United Faculty of Ohlone (UFO) for Fiscal Year 2003-2004

 

Section 3547 of the Government Code and Board Policy 13.1, Public Notice Procedure Relating to Meeting and Negotiation under the Educational Employment Relations Act (EERA), mandate public posting of all initial proposals submitted by the exclusive bargaining organizations and counterproposals of the Board of Trustees.

 

Subsequent to the public postings of the Districtís Initial Counterproposal to the UFO Initial Proposal, the date for a public hearing on the Districtís Initial Counterproposal will be July 9, 2003.

 

 

Motion Approved Moved/McMillin/Seconded/Foster/Passed to direct the Administration to publicly post the Districtís Initial Counterproposal; and set a public hearing on the Districtís Initial Counterproposal for July 9, 2003. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

17. (Attachment 21) Public Posting of the Districtís Initial Counterproposal to the Initial Proposal for Negotiation by the California School Employees Association (CSEA), Chapter 490, for the Fiscal Year 2003-2004

 

Section 3547 of the Government Code and Board Policy 13.1, Public Notice Procedure Relating to Meeting and Negotiation under the Educational Employment Relations Act (EERA), mandate public posting of all initial proposals submitted by the exclusive bargaining organizations and counterproposals of the Board of Trustees.

 

Subsequent to the public postings of the Districtís Initial Counterproposal to the CSEA Initial Proposal, the date for a public hearing on the Districtís Initial Counterproposal will be July 9, 2003.

 

Motion Approved Moved/Weed/Seconded/Foster/Passed to direct the Administration to publicly post the Districtís Initial Counterproposal; and set a public hearing on the Districtís Initial Counterproposal for July 9, 2003. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer. Noes: 0; Abstain: 0; Absent: Nardolillo.

 

20. (Attachment 22) Approval of Amendment to December 12, 2001, Board Memorandum--Title Change of Administrative Secretary I

 

Ms. Evers, CSEA President, requested that since items 20 and 21 are so closely related that she be allowed to discuss these two items jointly. Ms. Evers read a letter, which she had distributed to the Board earlier, requesting that items 6a, 20, and 21 be removed from the agenda. There was a lengthy discussion on the intent of the original negotiations, which related to the two memorandums being revised.

 

Motion Approved Moved/Weed/Seconded/Foster/Passed to approve the job title change Administrative Secretary to Administrative Secretary II, Range 29 on the Districtís CSEA Salary Schedule, effective January 1, 2002. A roll call vote was taken: Ayes: Weed, Foster, Archer; Noes: Brunton, Yee; Abstain: McMillin; Absent: Nardolillo.

 

21. (Attachment 23) Approval of Amendment to September 12, 2001, Board Memorandum--Revised Job

Description and Title Change of Administrative Secretary to Administrative Secretary I

 

Refer to Item 20.

 

Motion Approved Moved/Weed/Seconded/Foster/Passed to approve the revised job description and title change of Administrative Secretary to Administrative Secretary I, to be effective January 1, 2002. A roll call vote was taken: Ayes: Weed, Foster, Archer; Noes: Brunton, Yee; Abstain: McMillin; Absent: Nardolillo.

Following a discussion regarding the legality of these two votes, Dr. Hogue recommended that he confer with legal counsel to confirm the outcome of this vote.

 

23. (Attachment 24) Approval of Five-Year Construction Plan (2005-2009)

 

Mr. Barros briefly reviewed the priorities in our Five-Year Construction Plan, which needs to be submitted to the State Chancellorís Office by July 1, 2003. This plan was prepared by Merle Cannon and staff, based on the Campus Facility Master Plan, the Bond Project Plan, and space utilization data.

 

Ms. Walston stated that if the District does not submit this Plan, the College would lose any opportunity to the funding if it becomes available.

 

Motion Approved Moved/Yee/Seconded/Weed/Passed to approve the Five-Year Construction Plan and authorize the President/Superintendent to submit this Plan to the Chancellorís Office by July 1, 2003. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: Nardolillo. (Advisory Vote - Ayes: Der Bing).

 

24. (Attachment 25) Approval of Rejection of Bids, Bond Project #3-8 Classroom/Lab Upgrade

Phase A

 

Staff is recommending a rejection of all three bids for this project and intends to revise the project scope and go out to bid again for this project at a later date.

 

Motion Approved Moved/Foster/Seconded/Weed/Passed to reject the bids received for the Bond

Project #3-8, Classroom/Lab Upgrade, Phase A. A roll call vote was taken: Ayes: Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: Nardolillo.

 

 

25. (Attachment 26) Consideration of Proposal by PPV, Public Private Ventures, to provide Asset Management services for the development of Ohlone Collegeís Mission Boulevard frontage property

 

Mr. Weed excused himself from the table due to a conflict of interest.

 

Dr. Hogue referred to a proposal by PPV, LLC, to provide Asset Management services for the development of the Collegeís Mission Boulevard frontage property. The proposal lays out proposed scope and projected expense necessary to proceed with the development of the Ohlone College Mission Boulevard frontage property.

 

Following a discussion, the Board took action to table this item until July 9, 2003, to provide an opportunity for Dr. Douglas Treadway to have input and for further review.

 

Motion Approved Moved/Brunton/Seconded/Yee/Passed to table the proposal by PPV, LLC, to provide Asset Management services for the development of the Collegeís Mission Boulevard frontage property. A roll call vote was taken: Ayes: Brunton, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: Weed; Absent: Nardolillo.

 

Motion Approved Moved/Yee/Seconded/McMillin/Passed to table the proposal by PPV, LLC, to provide Asset Management services for the development of the Collegeís Mission Boulevard frontage property until July 9. A roll call vote was taken: Ayes: Brunton, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: Weed; Absent: Nardolillo.

 

Items from

Administrators: Ms. Walston requested the Board clarify the audit committee members noting that there will be a meeting on July 9prior to the Board meeting. It was determined that Mr. Archer, Mr. Brunton, and Mr. Yee are the audit committee members.

 

Ms. Walston noted the precarious situation Community Colleges find themselves the longer that there is no adopted State Budget. She advised that it has been determined that the Controller does not have the authority to provide any apportionment funding to Community Colleges when a budget has not been adopted. Ms. Walston stated the College faces a situation where we may not get apportionment funding for July and August, which will have a significant operational effect on this College.

 

Dr. Wright remarked that summer school was fully underway with over 3,600 unduplicated students and that the FTES is approximately 920. He advised that Ohlone for Kids is starting next week and that a Saturday program has been added to accommodate the record-breaking enrollment.

 

Dr. Waits stated that the Students Services group have finished their initial meetings with KMD Architects and they are preparing feedback regarding the utilization needs of the Student Support Services Building.

 

Dr. Waits acknowledged Mr. Der Bing for being a great student leader and for an excellent job as Student Board Member.

Items from Classified

Senate: Mr. Lane thanked Ms. Walston and Mr. Barros for the updated notices in the elevators and for responding in such a timely manner. Mr. Lane stated that he looked forward to working with Mr. Der Bing in his new position as ASOC President.

 

Items from Faculty: On behalf of the faculty, Mr. Smedfjeld wished Dr. Hogue well in his retirement.

 

Items from the Board: Mr. Der Bing mentioned that ASOC met today and decided to form an active advertising committee.

 

Mr. Der Bing announced that Ms. Katherina Bui will be the new Student Board Member.

 

Mr. McMillin commended Mr. Der Bing for implementing the Ohlone College Student Member, Board of Trustee Award program.

 

Mr. Yee recommended that the time to raise an issue to fellow board members or the media should be during items from the Board so that the start of the meeting is not delayed. He also recommended saying the pledge of allegiance at the beginning of open session.

 

The Board expressed their appreciation to Ms. Martig and Mr. Der Bing for their service to the Board.

 

The Board of Trustees each had an opportunity to extend their best wishes to Dr. Hogue and thank him for his nine years of service to the District.

 

CLOSED SESSION: None

 

ADJOURNMENT: Time: 11:30 p.m.

 

 

John H. Weed

Secretary