jbjŕŕOHLONE COMMUNITY COLLEGE DISTRICT
43600 Mission Boulevard, Fremont, CA 94539
Minutes of Board Meeting
November 12, 2003 APPROVED
Page 1 of 8 Pages December 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 7:30 p.m.
The roll was called and all members were present except Mr. Weed.
Mr. Weed arrived at 7:31 p.m.
Mr. Archer led the pledge of allegiance.
Mr. Weed removed Items 3 and 4 from the Consent Calendar for discussion.
1. (Attachment 1) Approval of Accounts Payable and Payroll Warrants
Approval of Accounts Payable Warrants Issued: 57-029768 through 57-030056; and Payroll Warrants Issued: 47-028347 through 47-028739.
2. (Attachment 2) Approval of Minutes, Board Meeting, October 8, 2003
3. Approval of Minutes, Board Meeting, October 22, 2003
4. Approval of Minutes, Board Meeting, October 29, 2003
5. (Attachment 3) Authorization of Surplus of Personal Property
6. (Attachment 4) Ratification of Contract Education Agreement: Manex and Adjustments to the Budget
7. (Attachment 5) Ratification of Contract Education Agreement: NUMMI (2); JEM American Corporation Management; and ELO TouchSystems, Inc., and Adjustments to the Budget
8. (Attachment 6) Authorization for the President/Superintendent to Sign the Contract for the Renewal of Employment Development Department Contract
Motion Approved Moved/Weed/Seconded/Brunton/Passed to approve Items 1 and 2, and 5 through 8. Items 3 and 4 were removed from the Consent Calendar. A roll call vote was taken: Ayes: Nardolillo, Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).
3. (Attachment 7) Approval of Minutes, Board Meeting, October 22, 2003
4. (Attachment 8) Approval of Minutes, Board Meeting, October 29, 2003
Mr. Weed briefly explained a series of motions from the October 22 Board meeting relating to the Review of Master Plan Options for the Ohlone College Newark Center in an effort to resolve a misunderstanding regarding the proposedlocation of the Joint Library.
Motion Approved Moved/Weed/Seconded/McMillin/Passedto approve Items 3 and 4 as prepared. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).
(Attachment 9) Ms. Bui awarded the “Student Member Recognition Award” to Ms. Ritzi Lam, acknowledging her outstanding achievements at Ohlone College and her numerous contributions to the community. Ms. Lam is a staff writer for the College newspaper, The Monitor; founded the Psychology Club at Ohlone; and is serving as the Legislative Representative for the Associated Students of Ohlone College.
Ms. Lam stated that she was honored to receive the “Student Member Recognition Award” and expressed appreciation to Ms. Bui and the Board for the recognition.
Communications from None
14. (Attachment 10) Acceptance of Bond Oversight Committee Quarterly Report
Mr. Archer introduced Mr. Leo Hinkel, Bond Oversight Committee Member, to present the Bond Oversight Committee Quarterly Report. Ms. Walston pointed out that this report is designed to list the legal responsibilities of the oversight committee and the efforts and activities of the Committee in each area.
Following a brief discussion, Ms. Walston informed the Board that subsequent to acceptance of the report, it would be posted on the web site.
Motion Approved Moved/Nardolillo/Seconded/Yee/Passedto accept the Bond Oversight Committee Quarterly Report. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).
9. (Attachment 11) Submission of Grant Proposal to the United States Environmental Protection Agency (USEPA) to Obtain a Brownfields Cleanup Grant
a.Open Hearing for Comments from Citizens
b. Discussion at Board Level
Ms. Walston reported that Mr. David Dixon, an environmental consultant with Treadwell and Rollo, advised staff of the existence of a special Brownfields grant program sponsored by the US Environmental Protection Agency (USEPA). She stated that the applicant must show evidence of advertising the submission of the application to the community as a requirement for qualifying for the grant. In addition, the applicant must document how public comments were received.
Approximately $100 million is available nationally for this grant, and staff, with assistance from the consultant, is preparing the application to qualify for a portion of the grant. The grant application deadline is December 4, 2003.
Mr. McMillin suggested that the Board recognize Mr. Dixon’s efforts with a letter thanking him for his diligence in bringing this opportunity to the College’s attention.
Ms. Walston advised the Board that no application fees are involved for this grant, but that the District will need to consult with Mr. Dixon for technical reports. The funds required for the consultant will not go beyond the amount originally authorized by the Board in the contract with Treadwell and Rollo.
Mr. Weed expressed frustration at the need to address this issue. It was his understanding that the land was in full compliance with environmental regulation of the EPA when the College purchased the property, and that the regulations were modified after the purchase. He suggested that the “risk” is minute at best but the cost is significant. Mr. Weed stated that hopefully this issue can be put in context of how the District encountered this cost and that it was an unforeseen cost that comes under the general category of regulatory risk.
Mr. Archer declared the hearing closed.
10. (Attachment 12) Submission of Grant Proposal to the United States Environmental Protection Agency (USEPA) to Obtain a Brownfields Cleanup Grant
Motion Approved Moved/Brunton/Seconded/McMillin/Passedto support the submission of Grant Proposal to the United States Environmental Protection Agency (USEPA) to Obtain a Brownfields Cleanup Grant. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0,
(Advisory Vote - Ayes: Bui).
11. (Attachment 13) Approval of Award of Bid: Biotech Lab, Furniture, and Equipment: Bond
(Attachment 14) Ms. Walston distributed a handout of the bid results for the Biotech Lab Furniture and Equipment Bond Project 3-4 and stated that staff recommends that the Board authorize a contract with Lab Interior Solutions in the amount of $67,456.00. She introduced Ms. Marian Castaneda, Director of Purchasing and Contracts, to answer any questions, and at Mr. Yee’s request, Ms. Castaneda explained the complete bid process. Ms. Castaneda reported that the funds will cover the base bid and alternates one and two.
Motion Approved Moved/Brunton/Seconded/Yee/Passedto authorize a contract with Lab Interior Solutions in the amount of $67,456.00. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0, (Advisory Vote - Ayes: Bui).
12. (Attachment 15) Approval of Operational Lease Agreement with the East Bay Regional Park District
Ms. Walston reported that this lease agreement with the East Bay Regional Park Districtincorporates all of the direction received from the Board, and she highlighted the major terms of the lease.
Motion Approved Moved/McMillin/Seconded/Yee/Passedto approve the attached operational lease agreement with the East Bay Regional Park District. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0,
(Advisory Vote - Ayes: Bui).
13. Discussion of Status of Board Committees 1 and 2
Following a discussion, it was suggested that in order to eliminate confusion and save time, the Board suspend the use of committees 1 and 2 in favor of Board workshops for discussion of bond-related items for Fremont or Newark.
Motion Approved Moved/Nardolillo/Seconded/Yee/Passedto disband Board Committees 1 and 2. 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 announced that the Board held a workshop relating to the Brown Act prior to tonight’s Board meeting. He stated that The Argus indicatedthat the College inadvertently violated the open meeting law at a special Board meeting on October 29, 2003, when the location of the Joint Library building was discussed in closed session. Since this should have been discussed in open session, Dr. Treadway recommended that at the December 5, 2003, special Board meeting the actions concerning revisions to the Ohlone College Newark Center Master Plan approved on October 29, 2003, be rescinded, and that the matter should be reconsidered at a future Board meeting with full input and discussion.
Dr. Treadway reported that open forums were held for the College community the week of November 3, 2003, in order for the administration to update staff on recent developments and progress achieved since the beginning of the semester.
(Attachment 16) Dr. Treadway noted that the newly-formed College Council conducted an organizational meeting and their first business meeting, and he distributed a statement regarding the purposes of the College Council. Dr. Treadway mentioned that College Council has fifteen members and meets on the first and third Friday of each month. College Council will be the shared governance body assuring that there is appropriate involvement and communication from college constituents in any Board policies or actions and similarly, appropriate
participation and decisions in any administrative action taken by the District. Dennis Keller, Professor of Music, was elected as the co-chair of College Council and will communicate recommendations which staff has on agenda items with the Board.
Ms. Walston highlighted several upcoming Board meeting dates: December 3 (changed to December 2), Review Educational Master Plan and First Public Reading of the Sustainability Policy; December 10, request Board approval of the Educational Master Plan and review a draft of the Ohlone College Newark Center Facilities Master Plan; and December 17, request approval of the Ohlone College Newark Center Facilities Master Plan and the Sustainability Policy. Prior to the Board taking action on the Facilities Master Plan, there is a Community Forum scheduled December 16 from 6-7 p.m. at the Silliman Center followed by a Bond Oversight Committee Meeting.
Ms. Walston stated that the goal is to have the Facilities Master Plan and the Educational Master Plan approved in December so that the architects can begin the design process in January.
Dr. Wright noted the strong and growing partnership that the College has with NASA/Ames Research Labs, and he announced that tomorrow evening at
7 p.m. there will be a special public presentation on The Mission to Mars with Dr. Briggs, Physicist and Director of the Center of Mars Exploration for NASA/Ames, as the speaker.
Dr. Waits reported that since the implementation of Datatel, the College has increasingly moved toward electronic ways to serve students. She indicated that of the 9,500 students the College will send registration appointments to at the end of the month, 88 percent have current email addresses.
Items from Classified
Senate: Mr. Lane commented that elections for Classified Senate were completed two weeks ago. Many months of negotiations with the unions over the language in SB235 regarding appointees for college-standing committees and task forces resulted in a revised Classified Senate Constitution, which was approved by approximately 90 percent of staff as a whole. The next Classified Senate meeting is on November 19 at which time new senate members will be introduced, and appointees to the various committees will be confirmed.
Items from Faculty None
Items from the Board: Ms. Bui publicized the ASOC Thanksgiving Feast on November 19 from
12-2 p.m. in Building 1 lobby. The charge is one item for the can food drive and one dollar to support the San Diego Fire Relief Fund.
Mr. McMillin expressed disappointment in Newark’s decision not to move forward with the Joint Library.
Mr. Yee will not be available for the December 10 Board meeting as he anticipates being in the process of out-processing from the Army at that time.
Mr. Yee recommended a Board policy that when a Board member has something to share with the other members it should be done during Items from the Board. He also recommended that the Board President work with Dr. Treadway on a structured method for Board members to place items on the agenda. Dr. Treadway suggested that future agenda items also be discussed during Items from the Board.
Mr. Yee thanked the administration for the workshop on the Brown Act presented by Mr. Ralph Stern, legal counsel, and recommended that the College consider the attorney being present for possibly the first two hours of every meeting for a period of time to assure that the Board is on tract with respect to the Brown Act. Mr. Yee also suggested that a parliamentarian, other than a Board member or Dr. Treadway, be available for the Board.
Mr. Yee noted that CCLC released the results of the recent Community College Board survey in the last month, and he would like this to be placed on the agenda for discussion in the future.
Mr. Brunton supports the idea of the shared governance model being promoted with the College Council.
Mr. Brunton expressed that it would be worthwhile pursuing a joint meeting with the Washington Township Hospital Board so that the College understands their dreams, wishes, and goals for the Newark Center. With reference to joint meetings, Dr. Treadway stated that the City of Fremont and the Fremont Unified School District are proposing a three-way Board meeting with the College on January 26, 2003.
Mr. Weed related that shared governance has been a major focus the last few weeks at the College and emphasized the need to find the right balance so that it is done effectively.
Relating to the future of the College, Mr. Weed commented on quality versus growth and noted that growth is good but that the way to get to growth is through quality. He stated that growth allows the College many of the advantages of being able to provide the additional instructional supplies, fund the various programs, and keep a viable operation.
Mr. Archer recommended a meeting with the College and the city of Newark in order to develop a mutually satisfactory proposal for a Joint Library.
CLOSED SESSION: Time: 9:32 p.m.
OPEN MEETING: Time: 9:45 p.m.
Report of Closed
15. Public Employee Appointments/Employments: Government Code Section 54957
a. (Attachment 17) Approval of Addendum: Fall Semester 2003 Instructor List
b. (Attachment 18) Approval of Employment: Administrative Secretary II (from layoff)
c. (Attachment 19) Approval of Employment: Workforce Development Specialist
d. (Attachment 20) Approval of Employment: Workforce Development Specialist
e. (Attachment 21) Approval of Employment: Workforce Development Specialist
f. (Attachment 22) Approval of Employment: Student Services Assistant
g. (Attachment 23) Approval of Employment: Network Systems Engineer
h. (Attachment 24) Approval of Professional Rank changes for Fall 2003
i. (Attachment 25) Approval of Other Hourly Employees
Motion Approved Moved/Yee/Seconded/Nardolillo/Passedto approve Items 15a through 15i. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0.
16. Public Employee Retirements/Resignations: Government Code Section 54957
a. (Attachment 26) Approval of Retirement: Executive Assistant to the President/Superintendent
b. (Attachment 27) Approval of Resignation: Accountant
Motion Approved Moved/Yee/Seconded/Nardolillo/Passedto approve Items 16a and 16b. A roll call vote was taken: Ayes: Nardolillo. Brunton, Weed, Foster, Yee, McMillin, Archer; Noes: 0; Abstain: 0; Absent: 0.
ADJOURNMENT: Time: 9:50 p.m.
John H. Weed