Ohlone College

Room 1216

43600 Mission Boulevard, Fremont, CA 94539


Minutes of Board Meeting

October 8, 2003 APPROVED

Page 1 of 9 Pages November 12, 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

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



SENATE: Mr. Patrick Lane





OPEN MEETING: Mr. Archer called the meeting to order at 6:05 p.m.

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

Mr. Brunton arrived at 6:10 p.m.


Dr. Treadway announced that Items 1, 2, 3, 4, and 5 would be discussed during closed session.


CLOSED SESSION: Time: 6:08 p.m.



OPEN MEETING: Time: 7:31 p.m.


Mr. Archer led the pledge of allegiance.


Report of Closed

Session Items:


1. Public Employee Appointments/Employments: Government Code Section 54957


a. (Attachment 1) Approval of Employment: Library Technician


b. (Attachment 2) Approval of Other Hourly Employees


c. (Attachment 3) Approval of Employment: Chief of Safety and Security


Motion Approved Moved/Nardolillo/Seconded/Foster/Passed to approve Item 1a through 1c. A roll call vote was taken: Ayes: Nardolillo, Weed Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: Brunton.

2. Conference with Labor Negotiator: Government Code Section 54957.6

Meeting with District Staff (Treadway and Engeldinger) and/or Negotiator (Zampi and Stern) 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 (which will be represented at the meeting)

Dr. Douglas Treadway, President/Superintendent, and Ms. Walston, Vice President of Business Services/Deputy Superintendent

East Bay Regional Park District (which will be represented at the meeting)

Mr. Pat O’Brien, General Manager

East Bay Regional Park District (which has been represented, but will not be present at the meeting)

Ms. Nancy Wenninger, Land Acquisition Manager

Items to be

Negotiated: Terms


The Board took no reportable action.



Dr. Treadway announced that Item 5a-5d would be discussed in Closed Session following other scheduled items.

Ceremonial Items

(Attachment 4) Ms. Bui presented the “Student Member Recognition Award” to Ms. Candice Nance for her superior achievements at Ohlone College. Ms. Nance has served as Student Ambassador since 2001, President of Student Art Glass Guild for Fall 2001 and Spring 2002, and the AGS One Representative and Director of Learning for the Alpha Gamma Sigma Honors Society. She has been active in the community, volunteering for Santa Clara Valley 99’s Aviation Association, Tri-City Homeless Shelter, Red Cross Blood Drive, and the Bay Area Glass Institute’s Annual Glass Pumpkin Sale. Ms. Nance received several Golden State Examination Awards in high school, Certificate of Merit for the National Parent’s Day Essay Contest, and Certificate of Appreciation for the Second World Congress on Family Law and the Rights of Children and Youth.


Ms. Nance thanked Ms. Bui and the Board for the recognition and expressed the positive ways in which Ohlone has changed her life.


Communications from None

the Audience





6. Personnel Items:

a. (Attachment 5) Approval of Corrected Management Job Classification: Director, Transfer and

Career Services


7. (Attachment 6) Approval of Accounts Payable and Payroll Warrants for August 2003


Approval of Accounts Payable Warrants Issued: 57-029086 through 57-029200 and 57-029201 through 57-029560; Payroll Warrants Issued: 47-027702 through

47-028346; Payroll Warrants Cancelled: 47-028289 and 47-028290


8. (Attachment 7) Approval of Minutes, Board Meeting, September 10, 2003


9. (Attachment 8) Approval of Minutes, Board Meeting, September 17, 2003


10. (Attachment 9) Approval of Minutes, Board Meeting, September 24, 2003


11.(Attachment 10) Approval of Contract Between Gallaudet University Regional Center and Ohlone

Community College District


12. (Attachment 11) Ratification of Contract Education Agreements: Nummi (2): and Adjustments to the Budget


13. (Attachment 12) Authorization for the Surplus of Personal Property


Motion Approved Moved/Foster/Seconded/Nardolillo/Passed to approve Items 6a through 13. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).



14. (Attachment 13) Public Hearing on the 2003-2004 Final District Budget

a.       Comments from Citizens


b.      Discussion at Board Level


c.       Hearing Closed

Mr. Archer declared the hearing closed.





15. (Attachment 14) Adoption of the 2003-2004 Final District Budget


Ms. Walston introduced Ms. Joanne Schultz, Director of Business Services, to provide a brief review of the Fund 10 portion of the budget, which is the majority of the District’s operating funds. Ms. Schultz reviewed budget information for all funds at the budget workshop on September 10, 2003.


(Attachment 15) Ms. Schultz distributed handouts and presented a Power Point presentation highlighting the major budgetary assumptions utilized for the Unrestricted General Fund (Fund 10) Budget. The Grand Total All Funds 2003-2004 Final Budget is composed of projected revenues of $45,053,305 and projected expenditures of $61,256,811.


The Board expressed appreciation to the staff for their work in preparing the budget and for the changes in the format, noting that it was more user-friendly.


Motion Approved Moved/Nardolillo/Seconded/Foster/Passedto adopt the 2003-2004 Final District Budget as presented. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0,

(Advisory Vote - Ayes: Bui).








16. (Attachment 16) Approval of Resolution No. 9/03-04 to Establish a Rainy Day Reserve


Ms. Walston explained that based on the September 2002 Board Fiscal Policies, the Board is required to adopt a resolution in order to establish a rainy day reserve. The purpose of this will be to provide the District with a reserve to buffer current year unforeseen expenses and shortages that may arise as well as to assist the District in meeting future budget challenges. A majority vote of the Board of Trustees is required for contributions to and appropriations from this reserve.


Motion Approved Moved/Weed/Seconded/Yee/Passedto establish a Rainy Day Reserve of $450,000 for the budget year 2003-04. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).


17. (Attachment 17) Approval of Contract Addendum with Stegeman and Kastner


Ms. Walston introduced representatives from Stegeman and Kastner, Mr. David Neuman and Mr. Don Eichelberger. The Board approved a contract with Stegeman and Kastner, Inc. for Bond Program and Management Services on September 11, 2002. This amendment will assist the District with an integrated planning process to revise the Measure A Bond Report; develop a Master Schedule of projects based on the revised Bond Report; and develop an updated Campus Master Plan for the Fremont Campus. Ms. Walston invited Mr. Neuman and Mr. Eichelberger to address the process they envision in accomplishing these tasks.


The fee for services relating to this addendum is not to exceed $195,000. It is anticipated that this process will take approximately six months; however, the amended Bond Report and Master Schedule are expected to be completed in approximately three months.


Motion Approved Moved/Nardolillo/Seconded/Yee/Passedto approve the addendum to the contract for Bond Program Planning and Management Consulting services to Stegeman and Kastner, Inc. for a fee, not to exceed, $195,000. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).


18. (Attachment 18) Approval to Terminate Contract with Kaplan McLaughlin Diaz Architects


The District entered into a contract with Kaplan McLaughlin Diaz Architects (KMD) on April 9, 2003, for architectural services for the Student Support Services Building project.


With the Board’s approval of a Fremont Campus Master Plan update, it is anticipated that the scope of architectural services could significantly change. Therefore, staff believes it is in the District’s best interest to terminate this contract. Ms. Walston encouraged representatives from KMD to submit their qualifications and a proposal when the District begins the architect selection process.


Mr. Weed suggested that one way the College might obtain the best design solution would be to have a design competition between two or more of the finalists identified previously from proposed designs for the Student Services Support Building. Mr. Neuman addressed the issue of design competition and suggested some guidelines; however, he stated that he would not recommend an open-end design competition based on his experience.


Motion Approved Moved/Foster/Seconded/Nardolillo/Passedto approve the termination of the contract with Kaplan McLaughlin Diaz Architects. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).


19. (Attachment 19) Approval of Award of Bid for the Boiler Installation in the Smith Center


Bids were opened for the Installation of a Boiler in the Smith Center on

September 23, 2003. Ms. Walston and staff requested approval to authorize a contract with Environmental Systems, Inc. in the amount of $70,900. This project will be funded through the College’s 2002-2003 scheduled maintenance program and is scheduled to be completed by January 10, 2004.


Mr. Weed left the Board Room at 8:34 p.m. and returned at 8:38 p.m.

Motion Approved Moved/Yee/Seconded/Foster/Passedto authorize a contract with Environmental Systems, Inc. in the amount of $70,900. A roll call vote was taken: Ayes: Nardolillo. Brunton, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: Weed, (Advisory Vote - Ayes: Bui).


20. (Attachment 20) Approval of Rejection of Bid for the Solar Pool Heating System and Authorization to Reduce the Project Scope


Ms. Walston reported that this was the second time bids were opened for the Supply and Installation of a New Solar Pool Heating System and that only one bid was submitted, which was over the amount available in the budget for this project. Staff is recommending a rejection of all bids.



Mr. Barros was available to discuss ways of reducing the scope of this project in order to remain within the budget. He recommended revising the project scope by removing the construction of a steel canopy and installing the solar panels on the roof of Building 9.


Ms. Walston advised that the College would lose the funds provided for this project if they are not used before the end of the year.


Motion Approved Moved/Yee/Seconded/Foster/Passedto reject all bids received for the supply and installation of the new solar pool heating system and to revise the scope as stated above. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).


Items from

Administrators: Dr. Treadway noted that the Foundation Golf Tournament was very successful, with one of the largest turnouts for this event.


Dr. Treadway and Ms. Walston began negotiations with the City of Newark regarding the Joint Library, and specifics are being developed as a team. In order to review some of the Master Plan options, staff also met with the Bond Oversight Committee this week and will meet again on October 20.

Dr. Treadway stated that Committee One of the Board, which pertains to Ohlone College Newark issues, would meet during this time frame to review options that the architects are developing for revision of the Master Plan.


Dr. Wright reported that the Ohlone College engineering, physics, chemistry, math, and geology transfer degrees received final approval from the Chancellor’s Office. The College now has seven transfer degrees with six more in the process of development.


Dr. Wright remarked that over the past couple of years, the College has worked diligently to develop excellent partnerships with the NASA/Ames Research Center. Dr. Wright stated that there would be a public presentation on The Mission to Mars with Dr. Geoffrey Briggs, Physicist and Director of the Center of Mars Exploration for NASA/Ames, as the speaker on November 13th at 7 p.m. in the Jackson Theater.


Dr. Wright expressed the College’s appreciation for the partnership with NASA and for these presentations.


Dr. Waits referred to the outstanding presentation by Dr. Donald Gehring, national leader of student affairs, regarding policies on students’ rights and responsibilities and academic dishonesty held at the College on September 26.


Dr. Waits will be off campus the week of October 13 at an accreditation site visit.


Items from Faculty: Mr. Smedfjeld mentioned the increase in shared governance opportunities at the College this semester, noting that faculty members have been appointed to the Facilities Planning Task Force, and faculty is in the process of appointing members to the College Council.


Mr. Smedfjeld reported that a Student Learning Outcome Work Group of faculty is being formed to review development of outcomes at course level, program level, the College level, and also to develop a New Faculty Orientation Program.


Items from Classified

Senate: Mr. Lane noted that after months of work, Classified Senate has reached an agreement with the various bargaining units to adopt an SB235 compliant method of committee representation. The Senate approved the revisions to the Constitution,whichwill be presented to the staff as a whole for ratification.


Mr. Lane stated that Classified Senate has officially announced nominations for some of the vacant senate seats.


Items from the Board: Ms. Bui thanked those who attended the Luau for their participation in the event, and announced that the ASOC has planned the first Leadership Conference at the College to be held on Saturday, October 11.


Mr. McMillin suggested scheduling a community/faculty meeting to discuss ways for the District to distinguish the Joint Library on the Newark Campus from other facilities that will apply for the same state funds. He also recommended that the College invite some of the high-tech companies to the meeting since the new campus will be located in an industrial park named New Technology Park, be across from one of five high-tech high schools in the state, and have a technology and health focus. The grant application is due in January.


Mr. Yee reminded the Board of the upcoming Ohlone College Foundation Benefit Luncheon scheduled for October 17.


Mr. Yee recommended that an informational item on equalization of funding be placed on the Board agenda in the next couple of months.


Mr. Nardolillo attended the successful Ohlone College Foundation Golf Tournament.


Mr. Brunton stated that community colleges have a great message to convey regarding the enormous value they provide to the public and with equalization could do even better. He supports having the equalization issue as an informational item on the Board agenda.


Mr. Weed has proposed a transportation fee in lieu of parking permits on the Newark Campus since there will be public and campus parking on the same site, and Mr. Clifton Der Bing, ASOC President, addressed the ASOC Council on October 7 regarding this proposal. The students will be required to vote on this issue.


Mrs. Foster recruited members of the Board to volunteer at the Ohlone College Foundation Benefit Luncheon.


Mr. Archer reminded the Board of the program ad which the trustees annually place in the Foundation Benefit Luncheon Program. Ms. Nancy Farber, CEO of Washington Hospital, is the honoree this year.


Mr. Archer and Mrs. Foster attended the recent California Retired Teachers’

Association (CRTA) Luncheon at the Hilton.


CLOSED SESSION: Time: 9:20 p.m.



OPEN MEETING: Time: 10:10 p.m.


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


a. (Attachment 21) Approval of Resignation: Executive Director of College Advancement


b. (Attachment 22) Approval of Resignation: ECS Professional Development Coordinator


c. (Attachment 23) Approval of Resignation: Instructional Assistant English Learning Center


d. (Attachment 24) Approval of Resignation: Counselor


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


ADJOURNMENT: Time: 10:15 p.m.


John H. Weed