OHLONE COMMUNITY COLLEGE DISTRICT
43600 Mission Boulevard, Fremont, CA 94539
Minutes of Board Meeting
August 13, 2003 APPROVED
Page 1 of 10 Pages September 10, 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
Ms. Katherina Bui, Student Trustee
PRESENT: Dr. Douglas Treadway, President/Superintendent
Dr. James Wright, Vice President, Instruction
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 6:39 p.m.
The roll was called and all members were present except Mr. Brunton.
Mr. Brunton arrived at 6:50 p.m.
Dr. Treadway announced that Items 1, 2, 3, 4, and 5 would be discussed during Closed Session.
CLOSED SESSION: Time: 6:41 p.m.
OPEN MEETING: Time: 7:14 p.m.
Mr. Smedfjeld led the pledge of allegiance.
Report of Closed
1. Public Employee Appointments/Employments: Government Code Section 54957
a. (Attachment 1) Approval of Employment: Computer Lab Coordinator
b. (Attachment 2) Approval of Employment: Computer Lab Coordinator
c. (Attachment 3) Approval of Employment: Less Than 75 Percent, Temporary Chemistry Instructor
d. (Attachment 4) Approval of Request for Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) Leaves: Counselor
e. (Attachment 5) Approval of Employment: Executive Assistant to the Executive Dean of Student Services and the Dean of Counseling
f. (Attachment 6) Approval of Other Hourly Employees
g. (Attachment 7) Approval of Employment: Temporary Biology Instructor
h. (Attachment 8) Approval of Employment: Maintenance/Energy Electrician
i. (Attachment 9) Approval of Employment: Job DeveloperóTri-Cities One-Stop Career Center
j. (Attachment 10) Approval of Employment: Job Developer
Motion Approved Moved/Foster/Seconded/Brunton/Passed to approve Item 1a through 1j. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0.
2. Conference with Labor Negotiator: Government Code Section 54957.6
Meeting with District Staff (Treadway 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)
Negotiators: Ohlone Community College District and the East Bay Regional Park District
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 11) Approval of Revised Retirement Date
b. (Attachment 12) Approval of Resignation: Professor , Biology, Anatomy, and Physiology
Motion Approved Moved/Foster/Seconded/Yee/Passedto approve Item 5a and5b. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0.
6. (Attachment 13) Approval to Rescind July 1, 2003, Layoff Notices for Full-Time Counselors
Mr. Engeldinger requested that the District rescind the layoff notices, which were effective July 1, 2003, for Ms. Diane Berkland, Counselor, Ms. Susan Myers, Counselor, Ms. Paula Schoenecker, Learning Disabilities Specialist, and Mr. Mzao Waters, EOPS Counselor. Funding for these positions has been restored by the Governorís Revised Budget for 2003-2004.
7. (Attachment 14) Approval to Employ High Tech Center/Access Specialist (from Layoff)
Approval to employ Mr. Kevin Kirk, High Tech Center/Access Specialist (from layoff).
8. (Attachment 15) Approval of Reassignment of Counselor
Mr. Engeldinger requested that the District reassign Ms. Martha Brown from General Counseling to Disabled Student Programs and Services (DSPS) Counselor, effective July 1, 2003. Funding for this position has been restored by the Governorís Revised Budget for 2003-2004.
9. (Attachment 16) Approval of Reassignment of Counselor
Mr. Engeldinger requested that the District reassign Ms. Claire Ellis from General Counseling to Disabled Student Programs and Services (DSPS) Counselor, effective July 1, 2003. Funding for this position has been restored by the Governorís Revised Budget for 2003-2004.
Motion Approved Moved/Foster/Seconded/Weed/Passed to approve Items 6 through 9. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0.
10. Personnel Items:
a. (Attachment 17) Approval of Change of Status: Senior Human Resources Specialist
b. (Attachment 18) Approval of Promotion: Network Support Technician I to Network Support Technician II
c. (Attachment 19) Approval of One-Year Probationary Faculty Contracts for 2003-2004
d. (Attachment 20) Approval of Two-Year Probationary Faculty Contract for 2003-2004
e. (Attachment 21) Approval of New Classified Job Classification: Network Systems Engineer
f. (Attachment 22) Approval of New Classified Job Description: Workforce Development Specialist
g. (Attachment 23) Approval of New Classified Job Description: One-Stop Career Center Program Specialist I
h. (Attachment 24) Approval of Reassignment of Classified Manager
i. (Attachment 25) Approval of Vacation Payout for Academic Manager
j (Attachment 26) Approval of Vacation Payout for Academic Manager
k. (Attachment 27) Approval of Professional Rank Changes and Initial Professional Rank for Fall 2003
l. (Attachment 28) Approval of Advancement on the Salary Schedule for Fall 2003
m. (Attachment 29) Approval of Promotion: Student Services Assistant
n. (Attachment 30) Approval of Promotion: Financial Aid Assistant
11. (Attachment 31) Approval of Accounts Payable and Payroll Warrants
Approval of Accounts Payable Warrants Issued: 57-028095 through 57-028270,
57-028271 through 57-028548; Payroll Warrants Issued: 47-027415 through
47-027698; Payroll Warrants Cancelled: 47-027628, 47-027629, and 47-027635
12. (Attachment 32) Approval of Minutes, Board Meeting, July 9, 2003
13. (Attachment 33) Approval of Minutes, Board Meeting, July 23, 2003
14. (Attachment 34) Authorization for the Surplus of Personal Property
15. (Attachment 35) Approval of Appointment of a Student Representative to (Measure A) Citizensí
Bond Oversight Committee
16. (Attachment 36) Approval of Contract with Kidango, Inc. for Administration/Operation of Ohlone Community College Districtís State Preschool Program (under the Childcare Development Act)
17a. (Attachment 37) Ratification of Contract Education Agreements: NUMMI (2)
17b. (Attachment 38) Ratification of Contract Education Agreements: Borden Chemical, Inc., Nancyís Specialty Foods, Owens Design, Inc.
18. (Attachment 39) Ratification of Agreements: Ivy West: Carrie Christensen
19. (Attachment 40) Approval of Contract with Alameda County Children and Families Commission
20. (Attachment 41) Approval of Out-of-State Travel for ASOC Council
21. (Attachment 42) Approval of Revised Work Experience Education District Plan
Motion Approved Moved/Brunton/Seconded/Nardolillo/Passed to approve Items 10a through 21. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0.
Ceremonial Items None
the Audience None
RETURN TO OTHER
22. (Attachment 43) Approval of Construction Manager at Risk Project Delivery Method and RFP for
the Ohlone Community College Student Services Building and Ohlone College Newark Center Bond Projects
Ms. Walston and staff, with the assistance of Don Eichelberger, Bond Program Manager, have done extensive research on the Construction Manager at Risk project delivery method and believe this method to be in the best interest of the District.
With this method, the Construction Manager at Risk and the Architect work closely and cooperatively with the District to define the Project, establish the cost, and strategic plan for the Project and the workplan, in order to provide the District benefits of lower costs, timely completion, fewer change orders, no claims, and a Guaranteed Maximum Price.
The major advantage of using the Construction Manager at Risk method is that the College can choose its builder for the major projects as opposed to taking its chances in the low-bid world. The results are more predictable because the Construction Manager at Risk is working as a team member with the architect and other consultants from the design phase through the projectís completion. Overall, this method may be the least expensive way to go.
Mr. Eichelberger and staff have met with the Board of Trustees and with the Bond Oversight Committee to present this new project delivery method. Mr. James Griffin expressed his concerns, as a citizen, at a Board workshop, and staff seriously considered the concerns and issues raised by Mr. Griffin when they prepared this RFP/Q and contract.
This project delivery method has been used successfully at other colleges and school districts in California. Mr. Eichelberger was present to review this methodology and answer questions from the Board. A discussion followed regarding the issues and concerns of using the Construction Manager at Risk method.
Motion Approved Moved/Weed/Seconded/Foster/Passed to approve the Construction Manager at Risk Project Delivery method and the RFP/Q and Contract for the Ohlone College Student Support Services Building and Ohlone College Newark Center Bond Projects. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, McMillin, Archer; Noes: Yee; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).
23. (Attachment 44) Approval of Contract with Department of Toxic Substances Control
At the June 11, 2003, Board meeting, staff recommended not approving the proposed Department of Toxic Substances Control (DTSC) agreement due to some outstanding legal issues. The language in the agreement has been modified to limit Ohlone Collegeís obligation for submitting records to those that are not protected by attorney/client privileges. Also, the language in the agreement has been modified to bind only Ohlone College, its successors, and assigns.
Ms. Walston commended Ms. Janet Naito and other staff at DTSC for their efforts in working with the College to achieve an acceptable contract.
Motion Approved Moved/Weed/Seconded/Yee/Passed to approve the contract with the Department of Toxic Substances Control in the amount of $34,429. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).
24. (Attachment 45) Approval of Consultant Agreement Between Dr. Floyd Hogue and the Ohlone Community College District
Motion Approved Moved/Nardolillo/Seconded/Foster/Passed to approve the Consultant Agreement between the District and Dr. Floyd Hogue. The agreement is for an hourly rate of $100 and a total contract cost not to exceed $1,000. The contract hours shall not exceed 10 hours. The Agreement is for the period July 31, 2003, through September 30, 2003. Either party with written notice may cancel the agreement. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0.
25. (Attachment 46) Approval of New Contract with Alameda County Social Services Agency Workforce and Human Services Department to Provide CalWORKS Assessment Services
Dr. Wright reported that the Alameda County Social Services Workforce and Human Services wishes to enter into a contract with the Tri-Cities One-Stop Career Center and operation of the CalWORKs Assessments program for the current fiscal year. The purpose of the contract is to provide Assessment services to Alameda County CalWORKs clients, and to use those results along with one-on-one career counseling to develop a successful employment plan for all participants.
Dr. Wright advised the Board that this is a contract that the District has entered into for five or six years and needs to be approved by the Board each time it is renewed.
Motion Approved Moved/Nardolillo/Seconded/Foster/Passed to direct the Board of Trustees to authorize the President/Superintendent to sign this contract with the Alameda County Workforce and Human Services Department. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).
Administrators: Dr. Treadway thanked the Board members that were able to attend the Foundation Breakfast Forum and extended an invitation to hear his State of the College Address on August 15, at 8:00 a.m., in the Smith Center.
Dr. Treadway remarked that he met with the leaders of Academic Senate, Classified Senate, and ASOC to discuss shared governance and a proposal for a College Council to replace what was formerly called the Presidentís Advisory Committee.
Dr. Treadway stated that the governor did not use his line item veto for any of the community college budget areas and that the District would hold hearings and have shared governance consultation and present the proposed budget to the Board. He further stated that the Chancellor has given permission to move the due date for the final budget from September 15 to October 15.
Ms. Walston advised the Board that the Budget Workshop scheduled for September 3 was being rescheduled for September 10, 2003, prior to the regular Board meeting.
Dr. Wright attended the first Joint Powers Authority (JPA) meeting with Washington Hospital and noted that the JPA Board authorized the first payment of $422,000 to the College. The JPA is expecting to bring in the expanded nursing class in January.
Dr. Waits thanked the Board for accepting the recommendation to rescind the layoff notices of four full-time counselors.
Dr. Waits stated that the students had a very successful Welcome Days with over 100 students having an opportunity to interact with faculty and begin their connection to the College.
Dr. Waits announced that the College would start the academic year with a College Convocation on September 3, 2003, 12 noon to 1:00 p.m. to celebrate learning and community connections. Dr. Waits and Dr. Wright will acknowledge the newly tenured Faculty at the Convocation.
Items from Classified
Senate: Mr. Lane informed the Board that the Classified Senate will meet August 14, 2003, from 12 noon to 1:00 p.m. This month the Classified Senate will review major modifications to their Constitution.
Mr. Lane stated that the Bay Area Blood Bank has less than a two-day blood supply and encouraged everyone to donate blood.
Items from Faculty: Mr. Smedfjeld thanked the Board for reinstating the four Counselors and the Access Specialist.
Mr. Smedfjeld referred to the resignation of Ms. Bonnie Moore, Professor, and commended Ms. Moore for being an incredible resource for faculty and for her involvement with SOAR and the Faculty Senate.
Items from the Board: Ms. Bui also referred to the successful Welcome Days. To welcome students back and to help them with classes, Ms. Bui informed the Board that the ASOC will host Welcome Back tables next week.
Mr. McMillin thanked Dr. Treadway for his presentation at the Foundation Breakfast Forum on August 7, 2003.
Mr. McMillin noted that the College has requested Faculty and staff to volunteer for various events and suggested that the District might want to consider acknowledging them with an award or complimentary tickets to a College event.
Mr. Yee specified that Ms. Walston and staff are preparing the executive summary narrative portion which defines the Budget. He suggested there be another section regarding how the District is proactively working to keep the expenditures under control.
Mr. Nardolillo stated that he was pleased to approve rescinding the layoffs of four counselors and the employment of the Access Specialist (from layoff) and welcomed each of them back to the College.
Mr. Brunton requested clarification on the effects of the increase in student tuition fees to the District budget. Ms. Walston clarified that student fees are part of the whole funding equation and that it would not increase the Districtís budget. Mr. Brunton inquired if college classes at the high school level had been impacted by the budget cuts. Dr. Wright reported that there was a reduction of four ASL classes in the Fremont schools for a total of $35,000.
Mr. Weed indicated that in the past, at the beginning of the year, the Board created a prioritized list of agenda items for discussion at future workshops or presentations. Mr. Weed suggested that the Board consider returning to this practice.
Mr. Weed stated that he strongly supports the committee concept because it offers a great deal of flexibility; however, he suggested when these meetings coincide with a regularly scheduled Board meeting, it might be called a Committee of the Whole or a workshop in which all Board members participate.
Mr. Weed remarked that it was great to rescind the layoffs of four employees, but there was a zero sum gain. The money to hire these employees was taken out of funding for other areas of our operations such as; instructional supplies, growth, and deferred maintenance. As a result, Mr. Weed stated the issue of academic priorities and how we spend our funds for our academic programs becomes even more critical. Mr. Weed would like to start looking at those issues and try to structure the issue of academic priorities.
Mrs. Foster encouraged everyone to purchase a seat in the Jackson Theatre, located in the Smith Center, as a way to raise funds for the theater.
Mr. Archer announced a reception being held August 15, 2003, at Olive Hyde Art Center in Fremont and also encouraged staff to visit the Fremont Art Association in Niles.
Mr. Archer commented that it was his pleasure to profile Dr. John Rieckewald, Superintendent of the Fremont Unified School District, today on his Newark TV show and that next week, Dr. John Bernard, Superintendent of Newark Unified School District, will be his guest.
CLOSED SESSION: Time: 8:31 p.m.
OPEN MEETING: Time: 9:40 p.m.
There was no reportable action.
ADJOURNMENT: Time: 9:45 p.m.
John H. Weed