LOS ANGELES COMMUNITY COLLEGE DISTRICT
BOARD OF TRUSTEES
MINUTES – REGULAR MEETING
Wednesday, January 25, 2006 · 12:15 p.m.
Educational Services Center · Board Room
770 Wilshire Boulevard · Los Angeles, California 90017 The regular meeting of the Board of Trustees of the Los Angeles Community College District was called to order at 12:20 p.m. with President Sylvia Scott­Hayes presiding. On roll call the following members were present: Kelly G. Candaele, Mona Field, Georgia L. Mercer, Nancy Pearlman, Sylvia Scott­Hayes, Michael D. Waxman. Absent: Warren T. Furutani (arrived at 2:30 p.m.). Student Trustee Robyn M. Mims was present. Chancellor Darroch F. Young was present.
RECESS TO COMMITTEE OF THE WHOLE Motion by Trustee Field, seconded by Trustee Candaele, to recess to the Committee of the Whole. APPROVED: 6 Ayes The regular meeting recessed to the Committee of the Whole at 12:24 p.m. President Scott­Hayes relinquished the gavel to Vice President Waxman. LACCD Student Transfer Data Mr. John Clerx, Associate Vice Chancellor, Instructional and Student Support Services, distributed copies of a document entitled “Los Angeles Community College Transfer Data.” He gave a PowerPoint presentation and summarized the document with respect to transfers to the UC and CSU systems, the percentage breakdown of transfers by ethnicity, and LACCD transfer rates. There was discussion regarding the LACCD transfer rates as compared to transfer rates in surrounding districts. LACCD District Strategic Planning Initiative Mr. Gary Colombo, Chancellor’s Liaison, distributed copies of a document entitled “Proposed District Strategic Planning Agenda and Timeline.” He indicated that the District Strategic Plan is hoped to be completed by the end of the Spring 2006 semester. He discussed the Strategic Planning Committee activities from December 2005 through June 2006, the Committee membership, and the District’s efforts with respect to meeting past planning goals. He discussed state and national trends in higher education. Trustee Waxman expressed his appreciation to Mr. Colombo and Chancellor Young for engaging in the strategic planning process. There was discussion regarding strategic planning with respect to college enrollment trends and goals, safety analysis studies for the District colleges, and leadership and training programs for employees.
Minutes – Regular Meeting ­ 1 ­ 1/25/06 12:15 p.m.
Mr. Colombo indicated that the District has scheduled two workshops for this spring. The one scheduled for March 3, 2006 will have an individual from Valecia Community College in Florida discuss the student engagement processes. There was discussion regarding the importance of engaging all faculty in mentoring with students in order to improve student success. Chancellor Young commended Mr. Colombo for all the work he has done in the short time that he has served as the Chancellor’s Liaison. Mr. Colombo referred to a worksheet that was distributed to the Trustees for the purpose of assessing the District’s strengths, weaknesses, and future goals. He indicated that the Trustees could complete the form and give it to him or submit their comments to him by e­mail. Trustee Scott­Hayes indicated that the Student Planning and Success Committee is taking a more active role this year in addressing strategic planning and educational issues. Public Speakers None. Adjourn Committee of the Whole and Reconvene Regular Meeting Motion by Trustee Mercer, seconded by Trustee Candaele, to adjourn the Committee of the Whole and convene the regular meeting. Without objection, so ordered. APPROVED: 6 Ayes The Committee of the Whole adjourned and the regular meeting convened at 1:30 p.m. Vice President Waxman relinquished the gavel to President Scott­Hayes. On roll call the following members were present: Kelly G. Candaele, Mona Field, Georgia L. Mercer, Nancy Pearlman, Sylvia Scott­Hayes, Michael D. Waxman. Absent: Warren T. Furutani (arrived at 2:30 p.m.). Student Trustee Robyn M. Mims was present. Chancellor Darroch F. Young was present.
REQUESTS TO ADDRESS THE BOARD OF TRUSTEES – CLOSED SESSION AGENDA MATTERS President Scott­Hayes stated that in accordance with The Ralph M. Brown Act, Ms. Dawn Stearns, a permanent classified employee assigned to Los Angeles Pierce College as a Gardening Supervisor, has requested that she be allowed to speak at the public session of the Board of Trustees. Ms. Stearns was present. Mr. Michael Shanahan, Associate Vice Chancellor, Employer­Employee Relations, explained what should occur with respect to the disciplinary case. Ms. Camille Goulet, General Counsel, explained the process for suspending a permanent classified employee. Mr. Shanahan summarized the charges against Ms. Stearns. Mr. Javad Sabokpey, Business Representative, Local 347, SEIU, indicated that Ms. Stearns has decided not to address the Board at this time. He addressed the Board on behalf of Ms. Stearns. He provided the Trustees with copies of Ms. Stearns’ attendance record.
Minutes – Regular Meeting ­ 2 ­ 1/25/06 12:15 p.m. RECESS TO CLOSED SESSION Motion by Trustee Mercer, seconded by Trustee Pearlman, to recess to Closed Session in accordance with The Ralph M. Brown Act and the Education Code. The Board will discuss the matters on the Closed Session agenda as posted and announced (see Attachment A). The Board will discuss Saffren v. LACCD in Closed Session. APPROVED: 7 Ayes The regular meeting recessed to Closed Session at 1:38 p.m. (Trustee Furutani arrived at 2:30 p.m.)
RECONVENE REGULAR MEETING The regular meeting of the Board of Trustees of the Los Angeles Community College District reconvened at 3:50 p.m. with President Sylvia Scott­Hayes presiding. On roll call the following members were present: Kelly G. Candaele, Mona Field, Warren T. Furutani, Georgia L. Mercer, Nancy Pearlman, Sylvia Scott­Hayes, Michael D. Waxman. Student Trustee Robyn M. Mims was present. Chancellor Darroch F. Young was present. Trustee Waxman offered the Opening Thoughts. Trustee Furutani led the Pledge of Allegiance to the Flag.
MINUTES Motion by Trustee Mercer, seconded by Trustee Field, to approve the following minutes: Regular Meeting and Closed Session – December 14, 2005 APPROVED: 7 Ayes
REPORTS FROM REPRESENTATIVES OF EMPLOYEE ORGANIZATIONS AT THE RESOURCE TABLE No reports.
PUBLIC AGENDA REQUESTS (Category A) Oral Presentations Scheduled speaker Dr. Allison Lew withdrew her request to address the Board. Proposed Actions None.
REQUESTS TO ADDRESS THE BOARD OF TRUSTEES – MULTIPLE AGENDA MATTERS None.
Minutes – Regular Meeting ­ 3 ­ 1/25/06 12:15 p.m.
REPORTS AND RECOMMENDATIONS FROM THE BOARD The following reports to the governing board of the Los Angeles Community College District, considered as a part as if fully set forth hereto and certified copies of which are on file in the Office of the Board of Trustees, were presented by the Board of Trustees and action taken as indicated. Report of Actions Taken in Closed Session – January 25, 2006 President Scott­Hayes indicated that The Ralph M. Brown Act requires that certain matters determined in Closed Session be reported during the public session that follows. The Board took no actions that The Ralph M. Brown Act requires to be reported. Reports of Standing and Special Committees Trustee Waxman reported on this morning’s Committee of the Whole at which there were presentations regarding student transfer data and the District Strategic Planning Initiative. * * * President Scott­Hayes reported on this morning’s Planning and Student Success Committee meeting at which there were presentations regarding the Los Angeles City College Master Plan and a preview of future issues including the educational goals of the District. Com. No. BT1. Conference Attendance Authorization Motion by Trustee Candaele, seconded by Trustee Mercer, to adopt Com. No. BT1. as follows: Authorize payment of necessary expenses for Mona Field, member of this Board of Trustees, to attend the Health Services Association of the California Community Colleges Annual Educational Conference to be held in San Francisco, California on March 1­3, 2006. Trustee Field indicated that at this conference, the LACCD will be acknowledged by the Health Services Association of the California Community Colleges for being the first community college district in California to go on record as supporting AB 982, which will permit the college health centers to maintain the resources needed to serve community college students throughout the state. Student Trustee Advisory Vote: Aye (Mims) ADOPTED: 7 Ayes Com. No. BT2. District Classified Employees Retirement Resolution Motion by Trustee Field, seconded by Trustee Waxman, to adopt Com. No. BT2. as follows: WHEREAS, The employees identified in Exhibit A have been with the Los Angeles Community District for many years; and WHEREAS, The employees identified in Exhibit A have served in various positions, ranging from Senior Cashier to Computer & Network Support Specialist; and WHEREAS, The employees identified in Exhibit A have contributed significantly toward providing the highest quality of services to students and the public for the Los Angeles Community College District; now, therefore, be it RESOLVED, That the Personnel Commission and the Board of Trustees of the Los Angeles Community College District do hereby commend the employees for their contributions and extends best wishes in their retirement.
Minutes – Regular Meeting ­ 4 ­ 1/25/06 12:15 p.m.
Summary of Retired Classified Employees December 1, 2005 – December 31, 2005 Exhibit A
Years
of Service
Location 31 Harbor Angela V. Senior Office Assistant Senior Admissions & Records Office Supervisor 28 Mission Gar Gabriela Chemistry Lab Technician 16 Mission Bianco Louise Computer & Network Support Specialist 26 Pierce Brown Hazel Mitchell Custodial Supervisor 30 Trade Johnson Cuba Senior Cashier 25 Trade Sadrapeli Nicolae Accounting Technician 12 Trade Balian Muriel Piano Accompanist 20 Valley Bennett Gaynelle D. Library Technician 12 West Surabian Regina Esther Senior Secretary (Steno) 17 West Thomas Kent C. Student Recruiter 13 West Last Name
First Name
Job Classification
Chavez Paula Merrill** * * Note: Employee retired on November 30, 2005 Student Trustee Advisory Vote: Aye (Mims) ADOPTED: 7 Ayes * * * Trustee Furutani indicated that the language in the Resolution in Support of the Preschool for All Act is still being worked on and the Resolution will be brought back at the next regularly scheduled Board meeting. * * *
REPORTS FROM THE CHANCELLOR AND COLLEGE PRESIDENTS The following reports to the governing board of the Los Angeles Community College District, considered as a part as if fully set forth hereto and certified copies of which are on file in the Office of the Board of Trustees, were presented by Chancellor Young and action taken as indicated. REAP Program Update Chancellor Young deferred to Mr. Larry Eisenberg, Executive Director, Facilities Planning and Development. Mr. Eisenberg introduced Mr. Tom Brown, President and CEO, Brown, Davis & Associates, Inc. Mr. Brown gave a PowerPoint presentation regarding the surplus property disposal program. He indicated that recycling programs are being utilized for the District’s surplus computer equipment and furniture. He introduced the following individuals: Ms. Jeanne Villa, Director of Field Operations, Brown, Davis & Associates, Inc.; Mr. Carlos Cortez, Principal, Star Prep Academy; and Ms. Amy Berfield, Los Angeles Coalition of Essential Schools. Mr. Cortez expressed his appreciation for the donations of furniture and computer equipment to the Star Prep Academy.
Minutes – Regular Meeting ­ 5 ­ 1/25/06 12:15 p.m. Ms. Berfield expressed her appreciation for the donations of furniture for use by New Heights School. Presidential Recognition Chancellor Young indicated that today is Dr. Tom Oliver’s last Board meeting as Interim President of Pierce College. He expressed his appreciation to Dr. Oliver for his service and his efforts on behalf of Pierce College and presented him with a certificate of appreciation. On behalf of the Board, President Scott­Hayes expressed her appreciation to Dr. Oliver for his time and dedication to Pierce College and the District. Dr. Oliver expressed his appreciation for the recognition. He discussed his experiences during the past six years and his future role at Pierce College. Trustee Pearlman expressed her appreciation to Dr. Oliver for everything he has done for Pierce College.
CONSENT CALENDAR ITEMS
Matters Requiring a Majority Vote President Scott­Hayes inquired if the Trustees have items that need clarification or separation for the vote. The Trustees discussed the following agenda items: Com. No. BF1. Budget and Finance Routine Report With respect to Roman Numeral I. Acceptance of Specially Funded Income A. Los Angeles City College as it relates to the acceptance of funds from the Los Angeles Unified School District for the Project Higher Learning Program (Gear­Up) at LACC, Trustee Field inquired as to which feeder high schools or middle schools will benefit from the funds. Dr. Steve Maradian, President, LACC, responded that there are nine feeder high schools including Marshall High and Belmont High. Com. No. BF2. Adopt Non­Resident Tuition Trustee Furutani inquired if non­resident tuition is being looked at as a strategy. Chancellor Young responded in the affirmative. He indicated that non­resident tuition is separate from the apportionment and, therefore, requires extra funding. He feels that non­resident enrollments are worthwhile despite the extra required funding because it enriches the colleges to have the interaction between foreign students and resident students. Com. No. BF3. Amend Board Rule 7503 – Mileage Reimbursement Rates Com. No. BSD1. Business Services Routine Report Com. No. BSD2. Ratifications for Business Services and Facilities Planning Dr. Adriana Barrera, Senior Vice Chancellor, noted the following amendment: . . . F. SERVICE AGREEMENTS Agreement Nos.: 4500000281(Renew); ­ Withdrawn . . . .
Minutes – Regular Meeting ­ 6 ­ 1/25/06 12:15 p.m. (Total Cost: $381,082 $375,082) . . . . BACKUP TO RATIFICATIONS (BSD2) FOR BUSINESS SERVICES, BUSINESS AND FINANCE, AND FACILITIES PLANNING AND DEVELOPMENT . . . F. SERVICE AGREEMENTS
4500000281
East. Amendment to renew agreement with White Memorial Medical Center
to provide Student Health Center services for the College, increasing the
total contract amount from $465,000 to $471,000 from June 1, 2005 to May
31, 2006, inclusive, for the fourth year of the agreement. Total additional
cost: $6,000.
Withdrawn. Com. No. FPD1. Facilities Planning and Development Routine Report – Proposition A and AA Projects With respect to Roman Numeral XII. Authorize Adoption of Plans and Specifications Item A. as it relates to the adoption of plans and specifications for the Northeast Academic Building – Interim Classroom Village project at LAHC, Trustee Field inquired if the District is building for short­term transition during bond construction and, if so, how many years it will last. Dr. Linda Spink, President, LAHC, responded that the interim project is a number of prefab DSA­approved trailers to be placed on the tennis courts. This is being done so as not to delay construction of the Northeast Academic Building. With respect to Roman Numeral II. Authorize Professional Service Agreements Items C., E., F., G., and H. as they relate to agreements to provide inspection and testing services for all District campuses, Trustee Mercer requested an explanation. Mr. Eisenberg explained that there are several bond construction projects for which specialty inspection and testing needs to be conducted as part of the construction process. With respect to Roman Numeral VI. Authorize Construction Contracts Item C. as it relates to a contract to provide construction services for the Temporary Facilities – Relocation, Acquisition project at Pierce College, Trustee Mercer requested clarification regarding the cost of the project. Dr. Oliver explained the project costs. With respect to Roman Numeral II. Authorize Professional Service Agreements Item E. as it relates to an agreement to provide consulting services associated with the selection and purchase of flooring products for the District’s Proposition A/AA Bond construction program, Trustee Mercer inquired as to DMJM/JGM’s role as a flooring consultant. Mr. Eisenberg responded that this service will be a support to the DMJM/JGM team. An expert is required to handle the technical issues involved in carpet procurement.
Minutes – Regular Meeting ­ 7 ­ 1/25/06 12:15 p.m. Com. No. FPD2. Adopt Resolution to Approve Application for Grant Funds from the California Cultural and Historical Endowment (CCHE) to Rehabilitate the Van de Kamp Bakery Building at the Northeast Campus of Los Angeles City College Trustee Field expressed her concern regarding the language in this item that states “... the Board of Trustees of the Los Angeles Community College District is obligated to fully support the project and will assume responsibility for its implementation and continued maintenance.” She inquired as to what the Board might be getting into in terms of a future accusation that the District is not properly taking care of the Northeast Campus. Mr. Eisenberg indicated that this facility will be served by the existing LACC Maintenance and Operations staff to cover the minimal requirements for its particular buildings. He expressed confidence that the facility will be adequately maintained and operated both in terms of the revenues that will be generated through the project and the commitment of existing staff from LACC. Com. No. FPD3. Authorization for Sale of Property at 4803 Firestone Boulevard, South Gate, California Com. No. HRD1. Personnel Services Routine Actions Dr. Barrera noted the following amendment: II. SUSPENSION OF PERMANENT CLASSIFIED EMPLOYEE The three (3) two (2) days suspension of classified employee (EN773445), assigned to Los Angeles Pierce College as a permanent Gardening Supervisor, is based on the following causes: . . . . Com. No. HRD2. Amend Board Rule 10308 Com. No. HRD3. Elimination of Classified Positions Trustee Field inquired as to how many Regional Facilities Project Coordinators the District has had. Mr. Eisenberg responded that the District had three positions available, but only two were filled. Trustee Field inquired if the two individuals whose positions are being eliminated will be redeployed to serve at the campus level at a starred rate salary. Mr. Eisenberg responded in the affirmative. Com. No. ISD1. Approval of New Courses The following amendment was noted prior to presentation: . . .
DANCE
460
Ballet Techniques (1 unit) EAST
This course introduces students to classical ballet through basic step
sequences and combinations, terminology, music, and appreciation of
dance as a performing art form.
Withdrawn. . . . . Trustee Pearlman inquired if the courses are introduced by a specific college.
Minutes – Regular Meeting ­ 8 ­ 1/25/06 12:15 p.m. Mr. Clerx responded in the affirmative. He indicated that when a course is new to the District, it is approved by the Board. Another college in the District can also adopt the course without Board approval, but they have to go through their local college course adoption procedures. Com. No. ISD2. Revise Student Discipline Form SD­5 part of Board Rule 91101, et. seq Com. No. ISD3. Revise Student Discipline Form SD­4 part of Board Rule 91101, et. seq Com. No. PC1. Personnel Commission Actions Accept Recommended Disposition of Correspondence President Scott­Hayes entertained a motion to adopt the Consent Calendar Items as amended on Matters Requiring a Majority Vote, with the limitation that the Student Trustee’s vote shall not apply to HRD1., HRD3., PC1., and the Correspondence. Motion by Trustee Field, seconded by Trustee Candaele, to adopt the Consent Calendar Items as amended on Matters Requiring a Majority Vote. Student Trustee Advisory Vote: Aye (Mims) ADOPTED AS AMENDED: 7 Ayes
Matters Requiring a Super Majority Vote Com. No. FPD4. Authorize Resolution to Purchase Two Temporary Construction Easements by Eminent Domain in a portion of certain parcels of real property between West Los Angeles College and Jefferson Boulevard in Culver City, California Motion by Trustee Field, seconded by Trustee Waxman, to adopt Com. No. FPD4. President Scott­Hayes indicated that the Board will now conduct a hearing on the adoption of a Resolution of Necessity authorizing the acquisition by eminent domain of temporary easements in a portion of certain parcels of real property for use as part of a temporary haul road needed for expansion of the District’s West Los Angeles College campus. The property interests to be acquired are 30­month temporary easements on portions of the following properties: 1) Los Angeles County Assessor Parcels No. 4204­017­007 and 4204­017­008, which are located near the northwest corner of Freshman and Sophomore Drives in the county of Los Angeles and near the city of Culver City; and 2) Los Angeles County Assessor Parcels No. 4296­001­011, 4296­011­010, and 4296­001­001, which are located east of Jefferson Boulevard between Leahy and Pearson Streets in the city of Culver City. President Scott­Hayes read the topics of discussion to be addressed at this hearing. She indicated that she would like to open the hearing for comments by people who have filed a request to appear before the District. Mr. Kevin Brogan, Hill, Farrer & Burrill LLP, Condemnation Counsel for the Owners of Assessors Parcel number 4204­017­007 and ­008 Machado, distributed copies of a letter addressed to the Hon. Chairman and Members of the Board entitled “Resolution of Necessity for Temporary Haul Road APN 4204­017­007 and ­008” and requested that it be made part of the official record as follows: I am condemnation counsel for the multiple owners of the above­numbered parcels. The owners object to the proposed resolution of necessity on two grounds.
Minutes – Regular Meeting ­ 9 ­ 1/25/06 12:15 p.m. First, the proposed haul road is on the property of the owners, but only a portion of owners’ property is being taken for the haul road. The owners object to the current taking on the ground that the appraisal, and the District’s offer, neither consider nor mention severance damages caused by the construction and use of the haul road. Severance damage is damage to the property not being condemned caused by either the severance of the construction and use of the project for which the property is being taken. C.C.P. §1263.420. The statement of just compensation states that while a portion of the property is being condemned, it does not reflect any study or reference to severance damages which result when a portion of property is taken. C.C.P. §1263.410. The failure to consider severance damages renders the offer void, and as a result any resolution of necessity adopted by the District on this record would be void. C.C.P. §1245.240(c)(4). Second, from previous correspondence with the District and from pleadings filed by the District, the owners understand that the District intends to condemn additional interests in their property. We believe that it is improper for the District to piecemeal this process by first taking the temporary haul road parcel, only to later condemn additional portions of the property for other reasons, even though all takings relate to the same project. Please make this letter part of the administrative record in connection with this hearing. Thank you. Very truly yours, Kevin H. Brogan of Hill, Farrar & Burrill LLP Student Trustee Advisory Vote: Aye (Mims) ADOPTED: 7 Ayes
RECOMMENDATIONS FROM THE CHANCELLOR None.
NOTICE REPORTS AND INFORMATIVES Com. No. HRD/A. Notice – Modify Board Rule 10516 Com. No. HRD/B. Notice – Establish Board Rules 1204­1204.14 Noticed by Chancellor Young. Com. No. ISD/A. Informative – Notification of Student Travel Com. No. ISD/B. Informative – Notification of Student Travel Presented by Chancellor Young.
PUBLIC AGENDA REQUESTS (Category B) Oral Presentations None. Proposed Actions None.
Minutes – Regular Meeting ­ 10 ­ 1/25/06 12:15 p.m. ANNOUNCEMENTS AND INDICATIONS OF FUTURE PROPOSED ACTIONS Trustee Mercer encouraged everyone to be aware that the District is part of an effort to place an initiative on the ballot that would have many benefits for the District with respect to provide funding for the colleges and urged support for this initiative—the Community College Governance, Funding Stabilization, and Student Fee Reduction Act. ADJOURNMENT Motion by Trustee Field, seconded by Trustee Waxman, to adjourn. Without objection, so ordered. APPROVED: 7 Ayes The regular meeting adjourned at 4:54 p.m. DARROCH F. YOUNG Chancellor and Secretary of the Board of Trustees By: Laurie Green Assistant Secretary to the Board APPROVED BY THE BOARD OF TRUSTEES: Sylvia Scott­Hayes President of the Board Date February 8, 2006
Minutes – Regular Meeting ­ 11 ­ 1/25/06 12:15 p.m.