REVISED HARTNELL COMMUNITY COLLEGE DISTRICT REGULAR MEETING OF THE BOARD OF TRUSTEES AGENDA July 7, 2009 TIME/PLACE: 411 Central Avenue Salinas, California Board Room, CAB112 5:00 p.m. – Open Session 5:15 p.m. – Closed Session 6:15 p.m. – Reconvene Open Session Board of Trustees Patricia Donohue, President Kevin Healy, Vice President Bill Freeman, Elia Gonzalez-Castro John Martinez, Ray Montemayor, Brad Rice Armando Cortes, Student Trustee Dr. Phoebe Helm, Superintendent/President, Secretary to the Board The Board of Trustees welcomes you to its meetings, scheduled on the first Tuesday of each month, unless otherwise noted. The agenda is as follows: A. CONSENT AGENDA: These matters include routine administrative and financial actions and are usually approved by a single majority vote. B. REGULAR AGENDA: Action Items: These items include significant administrative and financial actions classified by departmental areas and approved by majority vote for each item. Information Items: These items include presentations to the Board and items for discussion prior to Board action, which is usually taken at the next meeting. C. CLOSED SESSION: In accordance with Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6, the Board of Trustees may meet in Closed Session to consider legal, personnel, labor, and/or contract matters. INDIVIDUALS DESIRING TO ADDRESS THE BOARD: Any member of the audience desiring to address the Board should complete and submit to the Superintendent prior to the meeting, if possible, a Speaker Request Form, available at the door. When the item PUBLIC COMMENTS is taken, the Board President will recognize those who have filled out a Speaker Request Form in the order in which they are received. The Board President may limit the time of presentation to three minutes per speaker, and a maximum of fifteen minutes. Following public comment, the Board President will limit discussion to the Board only. MISSION STATEMENT: Hartnell College provides the leadership and resources to ensure that all students shall have equal access to a quality education and the opportunity to pursue and achieve their goals. We are responsive to the learning needs of our community and dedicated to a diverse educational and cultural campus environment that prepares our students for productive participation in a changing world. HCCD –REGULAR MEETING – JULY 7, 2009 Page 1 of 5 I. OPEN SESSION, CALL TO ORDER – 5:00 P.M. A. ROLL CALL B. ADOPT AGENDA Action C. DISCLOSURE OF ITEMS DISCUSSED IN CLOSED SESSION, AS FOLLOWS: Items discussed in Closed Session will include, legal, personnel, labor, and/or contract matters authorized for Closed Session per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6. 1. Update on litigation: Culver and Lawrence 2. Contract Negotiations: Update on all and possible vote on C.S.E.A. D. PUBLIC COMMENT PERIOD REGARDING CLOSED SESSION ITEMS Fifteen minutes set aside for public comment regarding closed session items. Maximum three minutes each. II. MOVE TO CLOSED SESSION The Board of Trustees of Hartnell Community College District will meet in Closed Session to consider legal, personnel, labor, and/or contract matters authorized for Closed Session per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6. III. RECONVENE TO OPEN SESSION Pledge of Allegiance A. REPORT OUT FROM CLOSED SESSION B. PUBLIC COMMENTS REGARDING OPEN SESSION ITEMS Fifteen minutes set aside for public comments regarding open session items. Maximum three minutes each. C. SWEARING IN OF 2009 STUDENT TRUSTEE IV. PRESENTATIONS AND BOARD DEVELOPMENT A. PROGRESS REPORT ON RECOMMENDED BUDGET REDUCTIONS Ann Wright and members of the Resource Allocation Committee B. BOND OVERSIGHT COMMITTEE UPDATE Damon Felice, Felice Consulting Services V. CONSENT ACTION ITEMS A. MINUTES Approve Minutes of Meeting of June 2, 2009, Board Workshop of June 6, 2009, and Special Meeting of June 8, 2009. B. DISBURSEMENTS Ratify the disbursements from any or all of the following funds: general; debt service; bookstore; child development; capital outlay projects; scheduled maintenance; property acquisition; bond projects; cafeteria; self-insurance; retirees health benefits; associated student body; scholarship, loan, and trust; and intercollegiate athletics. HCCD –REGULAR MEETING – JULY 7, 2009 Page 2 of 5 C. RATIFY THE RECOMMENDATIONS OF THE CURRICULUM COMMITTEE Ratify the recommendations of the Curriculum Committee. D. RATIFY CONTRACT FOR HARTNELL COLLEGE PE RENOVATION PROJECT Ratify the contract with Perma-Green Hydroseeding, the lowest responsive bidder, for the PE Renovation Project. The budget for the project is $4,111,400 and paid from Measure H funds. E. RATIFY CHILD DEVELOPMENT CENTER AGENCY SELF-EVALUATION Ratify Child Development Center Agency Self-Evaluation report for fiscal year 2008-09 as required by the State Department of Education. F. APPROVE THE 2009-2010 CONTRACT WITH STATE DEPARTMENT OF EDUCATION FOR STATE FUNDS Approve the 2009-10 contract with the State Department of Education for continued funding for State-funded preschool services for the Hartnell College Child Development Preschool programs. The College would receive State funding up to $569,542. G. RATIFY GRANT APPLICATION AND ACCEPT FUNDS, IF AWARDED Ratify the grant application and accept funds, if awarded, with the California Community College Chancellor’s Office for statewide economic stimulus dollars to fund allied health programs. If awarded, the college could receive up to $400,000 to support the Medical Laboratory Technician program. H. RATIFY GRANT APPLICATION AND ACCEPT FUNDS, IF AWARDED Ratify the grant application and accept funds, if awarded, with the United States Department of Education for a Hispanic Serving Institution (HSI) Title V grant. If awarded, the grant would be $2,875,000 over a five-year period and would be to improve student performance in math and science. I. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN HARTNELL COLLEGE AND KING CITY TOWN SQUARE, LLC Approve Memorandum of Understanding between Hartnell College and King City Town Square, LLC for custodial, maintenance, and grounds services for the King City Education Center for $12,420 with a 30-day termination clause effective July 8, 2009. J. APPROVE CONTRACT WITH 1099 PRO, INC. Approve the contract with 1099 Pro, Inc. to provide 1009 Pro 2009 Software to assist in uploading student tuition information for 2009. The term of the contract is for three months, January 2010 to March 2010 and could cost up to $15,000, depending on the number of 1098-T issued to students as required by the Internal Revenue Service. K. APPROVE AGREEMENT WITH CENTRATION, MANDATED COSTS Approve a three-year agreement with Centration for mandated costs reimbursement services for fiscal years 2009-10, 2010-11, and 2011-12 at an annual cost of $6,000. L. APPROVE EXTENSION OF THE AGREEMENT WITH KEENAN AND ASSOCIATES Approve extension of the agreement with Keenan and Associate for the administration of workers’ compensation run-off claims for 2009-2010. The term of the agreement is effective July 1, 2009 through June 30, 2010, will cost $18,000, and will be paid from the self-insurance fund. HCCD –REGULAR MEETING – JULY 7, 2009 Page 3 of 5 M. APPROVE DESTRUCTION OF CLASS III RECORDS Approve the destruction of Class III Records in compliance with Title V, Section 59027. The estimated cost to destroy these aged records is $1,800. N. APPROVE APPOINTMENTS TO INDEPENDENT CITIZENS’ BOND OVERSIGHT COMMITTEE Approve four, two-year term appointments to the Independent Citizens’ Bond Oversight Committee effective July 9, 2009. O. PERSONNEL ACTIONS Approve and/or ratify personnel actions. (Included in packet) VI. Roll-call ACTION ITEMS A. APPROVE BUDGET REVISIONS Approve budget revisions numbered 8337 to 8406. Action B. APPROVE ELECTRONICS TECHNOLOGY PROGRAM DISCONTINUANCE Approve program discontinuance of Electronics Technology Program. Roll-call C. ADOPT AMENDMENT TO RESOLUTION 09:6 AND RESOLUTION 09:7 Adopt an amendment to Resolution 09:6, Golden Handshake, and Resolution 09:7, Early Retirement Incentive for Classified Employees of the Hartnell College District. Public Hearing D. PUBLIC HEARING: CONTRACT RE-OPENER PROPOSALS BETWEEN HARTNELL COMMUNITY COLLEGE DISTRICT AND CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION – CHAPTER 470 Open the public hearing for contract re-opener proposals between Hartnell Community College District and California School Employee Association – Chapter 470 on wages and benefits. Additional information will be made available at the meeting. Action E. RECEIVE PROPOSALS BETWEEN HARTNELL COMMUNITY DISTRICT AND CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION – CHAPTER 470 Receive the proposals between Hartnell Community College District and California School Employees Association – Chapter 470. Public Hearing F. PUBLIC HEARING: CONTRACT RE-OPENER PROPOSALS BETWEEN HARTNELL COMMUNITY COLLEGE DISTRICT AND INTERNATIONAL UNION OF OPERATING ENGINEERS STATIONARY LOCAL NO. 39 (L-39) Open the public hearing for contract re-opener proposals between Hartnell Community College District and International Union of Operating Engineers Stationary Local No 39 (L-39) and on wages and benefits. Additional information will be made available at the meeting. Action G. RECEIVE PROPOSALS BETWEEN HARTNELL COMMUNITY DISTRICT AND INTERNATIONAL UNION OF OPERATING ENGINEERS STATIONARY LOCAL NO. 39 (L-39) Receive the proposals between Hartnell Community College District and International Union of Operating Engineers Stationary Local No 39 (L-39). VII. INFORMATION ITEMS A. REVIEW AND ACCEPT FINANCIAL STATEMENTS Review and accept financial statements for the period ending May 31, 2009. HCCD –REGULAR MEETING – JULY 7, 2009 Page 4 of 5 PRESENTATIONS/BOARD DEVELOPMENT CONSTRUCTION UPDATE AS OF 06/25/2009 CURRENT DESIGN, PLANNING AND CONSTRUCTION PROJECTS PLANNING PROJECTS Alisal Campus Master Plan ⇒ The District has begun the planning process for the 142 acres of the Alisal Campus ⇒ The process will include two master plans, (1) for the +/- 42 acre campus and (1) for the remaining +/- 100 acres ⇒ Once a master plan is complete the EIR process will begin with the City of Salinas ⇒ The land swap with the City of Salinas is currently underway. It is anticipated that this will take between 18 and 24 month. Main Campus Facilities Master Planning Process ⇒ The 5-year Capital Outlay Plan is currently being updated and will be submitted to the state on July 1, 2009 ⇒ Both the IPP for the Health Science & Nursing Project and the five-year construction plan will be hand delivered to the CCCCO prior to July 1, 2009 Science Building FPP ⇒ Lionakis, out of Sacramento, is the Architect of Record for this project, which includes the preparation of the FPP. ⇒ The kick-off meeting for the FPP took place on 02/19-20 ⇒ The stakeholders took a trip to Cal Poly on 03/09 to look at their facilities ⇒ At our second meeting a few general layout were established and we are working from those layouts ⇒ The group took it second field trip to look at both San Mateo and San Jose City College’s new science building ⇒ The last programming meeting was May 8 and all the user groups concerns were addressed ⇒ Lionakis completed the FPP and was approved for submittal by the board on June 8, 2009 ⇒ The FPP will be hand delivered to the CCCCO prior to July 1, 2009 Series C and D Project Planning ⇒ We are currently working through the planning process for both the series C & D construction projects. More projects will be listed as they are started. DESIGN PROJECTS Student Center Renovation/Remodel Project ⇒ BFGC is the Architect of Record for this project ⇒ The plans were submitted to DSA on 10/23/08 ⇒ The project will out to bid on June 29th and bid in mid-July Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901 Phone (831)770-7041 ● Fax (831)770-7040 1 ⇒ Construction is scheduled to start in mid-August and will be completed in 2010 PE Renovation Project ⇒ Sugimura Finney (SFA) is the Architect of Record for this project ⇒ The plans were submitted to DSA on February 26, 2009 ⇒ The project bid on June 23, 2009 and the lowest responsive bid was from Perma-Green Hydroseeding for a lump sum amount of $4,111,400 ⇒ Construction will begin in July of 2009 and be completed in 2010 CONSTRUCTION PROJECTS Northeast Landscaping Project ⇒ Bellinger Foster Steinmetz (BFS), out of Monterey, is the Architect of Record for this project ⇒ Monterey Peninsula Engineering is the contractor for the project ($1,223,000) ⇒ They were given notice to proceed on April 20, 2009 ⇒ They have completed demo and are starting on rough grading and underground utilities ⇒ The project is anticipated to be completed by September 2009 CALL Building ⇒ We are currently working through the group II items and once the landscape project is complete we will be able to occupy the building. Main Campus Lighting Project ⇒ The project has been completed Alisal Campus Center for Applied Technology ⇒ Kasavan Architects is the AOR for the project ⇒ Dilbeck construction is the GC for this project ($19,340,000) ⇒ Construction began on July 14, 2008 ⇒ The project will be completed in 2010 ⇒ All structural steel has been erected ⇒ Interior metal studs are currently going up ⇒ Exterior wall board is currently going up and once the AHU are installed the buildings can be closed in and interior drywall work can begin ⇒ Check out the webcam on the Measure H website Energy Efficiency ⇒ The pool pump project was completed on June 11, 2009 ⇒ We are currently working with PG&E on getting a rebate for the work Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901 Phone (831)770-7041 ● Fax (831)770-7040 2 CONSENT ACTION AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Number: Title: Approve Minutes of Regular Meeting of June 2, 2009, Board Workshop of June 6, 2009 and Special Meeting of June 8, 2009 V. A. Area: Status: Superintendent/President Prepared by: Dr. Phoebe Helm Consent Action Recommendation: That the Board of Trustees review, revise as appropriate, and adopt minutes of regular meeting of June 2, 2009, Board Workshop of June 6, 2009, and Special Meeting of June 8, 2009. Summary: Minutes of the Board of Trustees for are submitted for review and approval as follows: Regular Meeting of June 2, 2009 Board Workshop of June 6, 2009 Special Meeting of June 8, 2009 Budget Implications: None Unadopted HARTNELL COMMUNITY COLLEGE DISTRICT MINUTES Regular Meeting of the Board of Trustees Hartnell College Board Room – CAB112 411 Central Avenue Salinas, California June 2, 2009 OPEN SESSION Trustee Donohue called the meeting of Board of Trustees of Hartnell Community College District to order at 5:02 p.m. at the Hartnell College Board Room, CAB112. ROLL CALL Patricia Donohue, President Kevin Healy, Vice President Bill Freeman Elia Gonzalez-Castro Juan Martinez Ray Montemayor Phoebe K. Helm, Superintendent-President/Board Secretary Armando Cortes, Student Trustee (advisory vote per Board Policy 1030) ABSENT Brad Rice ADOPTED AMENDED AGENDA The agenda was amended as follows: Trustee Donohue stated that, at the request of the affected employee, Item I.D., Hearing of Disciplinary Charges is removed from the Open Session Agenda and will be heard in Closed Session only. Also, Item IV. D., Board Development, Reading Assignment, is postponed to Saturday, June 6, 2009. Since the first publication, the agenda was revised to postpone a resolution to declare a financial emergency and its impact on personnel, labor, and/or contract matters and to postpone the adoption of the Tentative Budget 20092010 until June 8, 2009, 5:00 p.m. The Board will hold a workshop to set goals and discuss the budget on Saturday, June 6 beginning at 12:00 p.m. Each meeting is open to the public. The Board received a revised Consent Action V. N., Personnel Actions, which included an additional faculty retirement, three (3) classified layoffs due to lack of federal funds, and rescinding an employment offer and reclassification of a management position. On a motion by Trustee Gonzalez-Castro, seconded by Trustee Healy, vote of 6-0, the Board adopted the agenda as amended. HCCD –REGULAR MEETING – JUNE 2, 2009 Page 1 of 10 DISCLOSURE OF CLOSED SESSION ITEMS Trustee Donohue disclosed items for Closed Session as authorized per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6: 1. Update on litigation Lawrence/Culver v. Hartnell College 2. Acquisition of Property with Bond funds 3. Recommendation to consider 30-day suspension without pay of an academic employee (1 case) PUBLIC COMMENTS REGARDING CLOSED SESSION Hetty Yelland, faculty, spoke in support of Tony Anderson, stating he is wrongly accused, and urged the Board not to take action against him. MOVED TO CLOSED SESSION The Board of Trustees of Hartnell Community College District, legal counsel, Elieen O’Hare-Anderson, Terri Pyer, Interim Director, Human Resources, and Superintendent/President, Dr. Phoebe K. Helm adjourned to closed session at 5:15 p.m. to consider legal, personnel, labor, and/or contract matters authorized for Closed Session per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6. David Serena, stated that he represents the Coalition for Fairness, Equality, and Justice for All, and read aloud a letter requesting the total costs of legal fees to defend specific cases and recommended the Board not take action against Tony Anderson; that the Board be extremely careful on how they handle personnel matters that could end up costing a lot of money in legal fees. At the request of the affected employee, a disciplinary hearing was held in closed session. As such, the employee and his chosen union representative joined the Board in closed session for the purposes of the hearing. RECONVENED OPEN SESSION Trustee Donohue reconvened the meeting at 6:33 p.m. She announced that the Board recessed closed session and would reconvene after the regular meeting. PLEDGE OF ALLEGIANCE Trustee Freeman led the Pledge of Allegiance. STUDENT RECOGNITIONS Digital Bridge Academy Trustee Donohue, Dr. Helm, and faculty of the Digital Bridge Academy (DBA) gave special recognition and presented certificates to students who completed the first semester of the DBA at Hartnell College. Poetic Students Alicia Krautkramer and Elias Rodriguez, recipients of the Faith Webster Fraser Award, were present and read aloud their winning poems. (Appendix A and B) 2008-09 Student Senate The Board presented certificates of appreciation to the 2008-09 senate officers and senators in attendance. Student Trustee Trustee Donohue read aloud a resolution expressing the Board’s appreciation to Student Trustee Cortes. In addition, she announced that Trustee Cortes was recently re-elected to serve as Student Senate President and Student Trustee for 2009-2010. HCCD –REGULAR MEETING – JUNE 2, 2009 Page 2 of 10 PUBLIC HEARING Mission Trails Regional Occupational Program Educational Code Section 52302 (b) (1) states that no later than June 30, 2009, all governing boards of Regional Occupational Centers of Programs (ROCP) are required to develop a plan for establishing sequences of statefunded courses, in which both the ROCP and community college offer instruction. Furthermore, AB 2448 stipulated that 90% of a ROCP’s courses must be sequenced with one or more area community colleges in pathways in which both offer courses. Mr. Randy Bangs, Director, Salinas Union High School District, Missions Trails Regional Occupational Program presented the course sequencing plan and described the steps taken with staff and faculty from the college to develop the plan. The plan and power point presented in writing to the Board by Mr. Bangs can be found at: http://www.hartnell.edu/board/packets/Presentation_Course_Sequencing_Plan.pdf Mr. Bangs presented Ms. Molly Lewis, with a certificate of appreciation for her work with the program, in particular, her work with the middle and high school community. Dr. Pando, Interim Associate Vice President, Career and Economic Development, stated the college is fortunate to have Mr. Bangs working with the college; that Mr. Bangs is always working to the benefit of all students. PUBLIC COMMENTS Karen Ivy, Student, expressed concern about the discontinuance process used for the Animal Health Technology (AHT) Program stating she believed it to be corrupt, that the director of the program, students, and general public did not have the opportunity to provide their input, and that the committee used data that was out-dated. Gary Tiscornia, Executive Director, SPCA, spoke in support of the AHT Program. He stated the SPCA has helped house the program in previous years and offered to help in order to continue the program because he believed it to be important to the community. Brianne Schenbaum, high school student, spoke in support of the AHT program, stating that the program is important to her and to the community. Erin Jones, 1st year AHT student, stated the AHT program has more graduates than other college programs and questioned why this program was under review. Rob Medrano, student, wanted to find out why the labs were closing and why cuts were being made to the DSP&S/EOPs program and asked that the programs remain intact. Millicient Madrigal, Counselor, provided a brief summary of the services provided by EOPs, and urged the Board to support EOPs when considering budget cuts. Dr. Helm stated the 60% cut to categorical funds is a recommendation made by the State and not the college. HCCD –REGULAR MEETING – JUNE 2, 2009 Page 3 of 10 David Serena addressed the Board on its recent policy on graduation stoles stating the administration should not deny students from wearing cultural stoles. Dr. Greg Peterson affirmed that this would not happen. PRESENTATIONS Bond Oversight Committee Damon Felice, Felice Consulting Services gave an update on the college’s current construction projects. The full report and floor plan as developed with the science faculty and staff can be found at: http://www.hartnell.edu/board/packets/June_2009_Board_Packet.pdf. Trustee Healy asked if the land swap affected the Alisal Campus construction plan and Mr. Felice explained the land swap is outside the scope of the building. Trustee Martinez expressed, while he appreciates the work staff has done, he continues to have concerns regarding the process and receiving documents the same evening the Board is to consider approval (Consent Items H. and I.) and that, he believes, the planning of facilities is being done without Board input. Trustee Donohue called for a point of order and Dr. Helm suggested to the Board to postpone the five-year plan and final project proposal for the science building (Consent Items H. and I.) to the special meeting of June 8. Dr. Helm stated the submittal of the final project proposal on the science building to the Chancellors Office puts the college in line to receive State match funding on bond construction projects. That match is dependent upon meeting the submitted deadline. She thanked faculty and staff for the eight or so days they spent visiting programs and working with architects. CONSENT ACTION ITEMS Items pulled for separate vote: Freeman – Item B Martinez – Items C, N Montemayor – Item D On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, vote of 4-2 (Freeman, Martinez), and advisory vote of Aye (Cortes), the Board moved to table Consent Action Items H., Approve the submittal of the Science Building Final Project Proposal, and I., Approve the Submittal of the 2011-2015 Five-Year Capital Construction Plan to the Special Meeting of June 8, 2009. On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, vote of 6-0 and advisory vote of Aye (Cortes), the Board approved Consent Action Items A, E, F, G, J., K., L, and M. A. MINUTES HCCD –REGULAR MEETING – JUNE 2, 2009 Approved the Minutes of May 5, 2009 as presented. Page 4 of 10 B. DISBURSEMENTS Trustee Freeman asked, if at all possible, the disbursements include the source of funding and rationale for expenditure. Dr. Helm responded she would speak to staff about how this could be done. Also, Trustee Freeman asked if the font size could be larger on the financial statements. On a motion by Trustee Healy, seconded by Gonzalez-Castro, vote of 5-0-1 (Martinez), and advisory vote of Aye (Castro), the Board ratified disbursements from any or all of the following funds: general; debt service; bookstore; child development; capital outlay projects; scheduled maintenance; property acquisition; bond projects; cafeteria; self-insurance; retirees health benefits; associated student body; scholarship, loan, and trust; and intercollegiate athletics. C. CURRICULUM COMMITTEE ACTIONS Trustee Martinez indicated that the course revisions submitted for approval do not show the revisions and that he wants to know what the course revisions include. At the May meeting, Trustee Martinez expressed the same concern, and Dr. Helm stated, if possible, she would work to provide Board members with a link to access course revisions on line, and is included in this board’s packet. A link has been created and is available on the college’s website. Also, Dr. Helm reminded the Board that curriculum is one of the academic and professional matters wherein the Board must, in compliance with AB 1725, rely primarily on the academic senate. A motion was made by Trustee Gonzalez-Castro, seconded by Trustee Healy, vote of 3-3 (Freeman, Martinez, Montemayor), and advisory vote of Aye (Cortes), to ratify Curriculum Committee actions, but failed. Members of the Board asked the implications of not ratifying curriculum. Dr. Helm suggested that perhaps Aurora Mendez, Spanish faculty, who was in the audience, could address revisions made to the Spanish curriculum. Ms. Mendez was able to satisfy Mr. Martinez’s concern and by motion of Trustee Gonzalez-Castro, seconded by Trustee Healy, vote of 6-0, and advisory vote of Aye (Castro), the Board ratified the recommendations of the Curriculum Committee. D. REVISED BOARD POLICIES Trustee Montemayor asked for further clarification on the revisions to policies 3170 and 3195 to which Dr. Helm responded. On motion by Gonzalez-Castro, seconded by Healy, vote of 6-0, the Board approved the following revised policies. Trustee Cortes momentarily stepped away from the table and did not vote. 3155, Fund-Raising/Solicitations on Campus 3160, Posting of Announcements 3170, Counseling Program 3175, Extended Opportunity Programs and Services 3180, Disabled Students/Programs and Services 3185, Financial Aid 3195, Tutorial Center HCCD –REGULAR MEETING – JUNE 2, 2009 Page 5 of 10 E. FOUNDATION FOR COMMUNITY COLLEGES – Smog Referee Training Program Approved the site license agreement with the Foundation for Community Colleges for State Smog Referee and Student Technician Training Program effective July 1, 2009 to June 30, 2010. Hartnell College will receive $1,000 per month in revenue. F. SUMMER READINESS PROGRAM Approved the contract with the County of Monterey to provide a Summer Workplace Readiness Program starting June 15 to July 31, 2009. The County of Monterey, Office of Employment Training, will fund the program. G. WORKFORCE INVESTMENT BOARD FOR CA GREEN JOB CORPS PROGRAM Approved an agreement with the County of Monterey, Workforce Investment Board, for the California Green Jobs Corp, which will allow Hartnell’s Center for Sustainable Construction to hire and train Salinas Valley at-risk youth and prepare them for careers in green construction, effective June 2009 through January 2011. The Monterey County Workforce Investment Board, through the American Recovery and Reinvestment and Workforce Investment Acts, will fund the program. H. FINAL PROJECT PROPOSAL – Science Building This item was tabled to the Special Meeting of June 8, 2009. I. This item was tabled to the Special Meeting of June 8, 2009. FIVE-YEAR CAPITAL CONSTRUCTION PLAN 2011-2015 J. ENVIRONMENTAL MANAGEMENTSUSTAINABLE GRANT Accepted grant award from the California Community College Chancellors Office for creation of an Environmental Management/Sustainable Design Program. The award amount is $350,000 over a two-year period. K. FIRST 5 MONTEREY Ratified the grant application, and accept funds, if awarded, for the First 5 Monterey County – Community Grant Making, Technical Assistance Projects for Child Care Centers. If awarded, the grant term will be for one year and up to $40,000. L. NATIONAL SCIENCE FOUNDATION COLLABORATIVE GRANT Ratified the grant application, and accept funds, if awarded, to the National Science Foundation in collaboration with the University of California, Santa Cruz. The grant amount, if awarded, is $50,000 over a two-year period. M. FACILITIES LEASE AGREEMENT – COMMUNITY ACTION PARTNERSHIP Approved the facilities lease agreement between Hartnell College and Community Action Partnership for use of their Primavera Migrant Seasonal Head Start Center to operate an Early Childhood Education course in summer 2009. The term of the agreement is June 15 to July 31, 2009 and there is no cost to the District. N. PERSONNEL ACTIONS Trustee Montemayor asked about the layoff of classified employees and asked if the layoffs have gone through the C.S.E.A. union’s process. Trustee Martinez asked if the college has made plans to continue services for the high school equivalency program. Dr. Helm responded that the college is doing HCCD –REGULAR MEETING – JUNE 2, 2009 Page 6 of 10 what it can pending federal funding. Also, Mr. Martinez asked for further clarification on substitute employee positions and questioned why the Board was being asked to approve eight (8) of the same classification. Dr. Helm responded that these employees are being hired under grant funds (CCRA/Title V) to develop projects to improve student learning and that she is glad that eight faculty are participating. On motion by Trustee Gonzalez-Castro, seconded by Trustee Healy, vote of 6-0, advisory vote of Aye (Cortes), the Board approved and/or ratified personnel actions. (Appendix C) ACTION ITEMS A. TENTATIVE BUDGET This item was postponed to the Special Meeting of the Board of Trustees, June 8, 2009, 5:00 p.m., Hartnell College Board Room, CAB 112. B. BUDGET REVISIONS On a motion by Trustee Gonzalez-Castro, seconded by Trustee Healy, rollcall vote of 6-0, and advisory vote of Aye (Cortes), the Board approved budget revisions numbered 8264 to 8329. C. ADOPTED RESOLUTION 09:14 On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, rollcall vote of 6-0, and advisory vote of Aye (Cortes), the Board adopted Resolution 09:14, Budget Transfer for fiscal year 2008-2009. D. ADOPTED RESOLUTION 09:15 On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, rollcall vote of 6-0, and advisory vote of Aye (Cortes), the Board adopted Resolution 09:15, Calling the November 3, 2009 Election of Trustee Areas 5, 6, and 7. E. RESOLUTION 09:16 On a motion by Trustee Gonzalez-Castro, seconded by Trustee Cortes, rollcall vote of 6-0, and advisory vote of Aye (Cortes), the Board adopted Resolution 09:16, To Change Third Party Administrator for 403(b) and 457 Plans. F. APPROVE AMENDMENT TO RESOLUTION 09:6 AND RESOLUTION 09:7 On a motion by Trustee Montemayor, seconded by Trustee Gonzalez-Castro, roll-call vote of 6-0, and advisory vote of Aye (Cortes), the Board approved to amend 09:6, Golden Handshake for Faculty, and Resolution 09:7, Early Retirement Incentive for Classified Employees of the Hartnell Community College District, extending the deadline for giving notice of intent to retire from June 2, 2009 to July 7, 2009. INFORMATION ITEMS FINANCIAL STATEMENTS The Board received the Financial Statements for period ending April 30, 2009. PROPERTY TAX SHORT FALL ESTIMATES The Board received an estimate of how the shortfall of property taxes is going to affect the college (see Appendix D). Hartnell College has been noticed of a loss of property tax revenue of $260,563 for 2008-09 and $722,272 for 20092010. It could be worse if property tax revenues continue to decline. HCCD –REGULAR MEETING – JUNE 2, 2009 Page 7 of 10 INITIAL PROJECT PROPOSAL – Health Sciences Building The Board received the submittal of the Health Science Building Initial Project Proposal. SENATE REPORTS There were no senate reports. PRESIDENT’S REPORT Dr. Helm reported the following: Budget: • The revenue generating measures set forth in the special election, May 19, 2009, failed and as a result, the State General Fund is down 20%. • State budget cuts created a $4.9 million gap in the general fund and a $2.6 million reduction in the Categorical (state restricted) Funds for 2009-2010. • The impact on Hartnell’s budget is compounded by two things: a. The college closed a $3.0 million funding gap last year by reducing administration 30%, reducing section offerings, and increasing average class size b. The state’s reduction of the 2008-2009 budget by $1.9 million By reducing the reserves from 7.3% to 3.0%, the college can reduce the $4.9 million gap for 2009-2010 to $3.3 million in the General fund. That means that the college must cut the General Fund $3.3 million and the Categorical Fund $2.6 million. Research: Two researchers from UCLA, Gary Orfield and Patricia Gandara, spent two days last week visiting with Hartnell faculty and staff, as well as some high school counselors. They have been studying data from the Chancellors Office to determine which community colleges have successfully prepared minority students from low performing high schools (defined as low income and low educational attainment of the parents) for transfer to UC and CSU. They identified students in a three year period and then tracked them for six subsequent years. Five colleges in California were identified as doing well – San Diego (Mesa and City), LA Trade Tech, Santa Monica and Hartnell. Interestingly none of the colleges were successful with more than one minority and Hartnell was far ahead of any of the colleges with regard to Latino students in this study. So, despite the bleak budget news, we do have much to celebrate, including the largest graduating class in the history of the college. BOARD COMMUNICATION Trustee Healy reported that the United Way performed their annual audit and review of facilities, and as a result will continue to support the Sunrise House. Trustee Freeman stated that he was proud of the students who were in attendance this evening; that he doesn’t plan on voting on any cuts in student services; he questioned why the Board was not given information on the animal health technology program; that he has requested over one month ago, HCCD –REGULAR MEETING – JUNE 2, 2009 Page 8 of 10 a meeting regarding the learning labs; and that he has known Gary Shaw for more than 20 years, retired track and field coach, and feels the track should be named after him. Trustee Cortes said he was pleased finals were over and that he is glad that he was re-elected for 2009 as Student Trustee and Student Senate President. Trustee Montemayor reminded everyone of the Homeowner’s Project (free foreclosure counseling), scheduled on June 6, 2009, 10 a.m. – 4:00 p.m., Dining Hall. Trustee Gonzalez-Castro reported The Western Stage Gala is being coordinated and will feature the play, A Baker’s Wife. Also, she apologized for having missed the Digital Bridge Academy student presentations, but that she was able to attend the poetry readings held later that same evening. Trustee Martinez reported he recently attended a food safety training sponsored by the Ag-Business and Technology Institute and thanked everyone involved; he asked that a presentation on The Western Stage be made to the Board; that the naming of facilities should have equal consideration of all; and that the Animal Health Technology comments this evening provide him reason to ask questions – although he understands that programs need to be looked at and that the decisions the Board will make won’t be easy. Trustee Donohue reported she attend the Digital Bridge Academy student presentations and thanked the faculty for all of their hard work. She announced the week’s events such as the board’s reception before graduation (Thursday at 5 p.m.), graduation (Thursday at 7 p.m.), and high school equivalency recognition ceremony (Friday at 7 p.m.), and special board meetings (June 6 at noon and June 8, 5:00 p.m.). FUTURE AGENDA ITEMS Trustee Healy requested two future items: 1) Dr. Helm to investigate change or restructure purchasing policies to buy local; and 2) that the Board entertain the idea of relinquishing their benefits back to the general funds at the special meeting of June 8, 2009. Trustee Donohue requested an item to reschedule the regular meeting of August 4, 2009 to August 11, 2009 at the special meeting of June 8, 2009. RECESSED TO RECONVENE CLOSED SESSION The Board of Trustees of Hartnell Community College District, legal counsel, Elieen O’Hare-Anderson, Terri Pyer, Interim Human Resources Director, and Superintendent/President, Dr. Phoebe K. Helm reconvened closed session at 8:58 p.m. to consider legal, personnel, labor, and/or contract matters authorized for Closed Session per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6. RECONVENED OPEN SESSION Trustee Donohue reconvened the meeting at 9:19 p.m. HCCD –REGULAR MEETING – JUNE 2, 2009 Page 9 of 10 REPORT OUT FROM CLOSED SESSION Trustee Donohue reported the Board approved to purchase land with bond funds in the amount of $250,000 and that the personnel matter for disciplinary action was continued to June 8, 2009. ADJOURNMENT The meeting adjourned at 9:20 p.m. NEXT MEETING The Board has scheduled two additional meetings 1) Board Workshop on Goal Setting and Budget for Saturday, June 6, 12-5 p.m., College Library; and 2) June 8, 2009, 5 p.m., Board Room (CAB 112). The next regular Board of Trustees Meeting is scheduled on July 7, 2009, 5:00 p.m., Hartnell College, CAB112, Board Room. Patricia Donohue Board of Trustees President HCCD –REGULAR MEETING – JUNE 2, 2009 Phoebe K. Helm Board Secretary Page 10 of 10 Appendix C THE FOLLOWING PERSONNEL ACTIONS WERE APPROVED AND/OR RATIFIED AT THE JUNE 2, 2009 BOARD MEETING: I. Retirements, resignations, releases, and leave requests A. Ratify retirement of regular personnel: 1. Ronald Bates, Mathematics Instructor (#F-7), effective June 5, 2009. 2. Lola Carlson, Accounting Assistant (#CC-12), effective June 30, 2009. 3. Wayne Davis, DSP&S Counselor (#F-23), effective June 30, 2009. 4. Susan Hovde, Chemistry Instructor (#F-32), effective June 5, 2009. 5. Alison Paul, Counselor (#F-61), effective June 5, 2009. 6. Gary Smith, Art Instructor (#F-77), effective June 21, 2009. 7. Kathy Sproles, Learning Skills/English Instructor (#F-79), effective June 5, 2009. 8. Yvonne Reid, Adaptive PE Instructor (#F-70), effective June 30, 2009. B. Approve release of regular personnel: 1. Scott Johnson, Workforce and Community Development Coordinator (#CC-43), effective June 30, 2009, due to layoff, and placement on 39-month re-employment list in accordance with Education Code §88117. 2. Roberto Garcia, Student Services Technician, High School Equivalency Program (HEP) (#CC-156), effective July 6, 2009, due to layoff, and placement on 39-month re-employment list in accordance with Education Code §88117. 3. Esmeralda Carranco, Secretary (HEP) (#CC-149), effective July 6, 2009, due to layoff, and placement on 39-month re-employment list in accordance with Education Code §88117. 4. .Julia Mena, Student Services Technician (HEP) (#CC-156), effective July 6, 2009, due to layoff, and placement on 39-month re-employment list in accordance with Education Code §88117 II. Appointments A. Ratify appointment of full-time academic personnel: 1. Mary Davis, full-time, tenure-track, Learning Skills Specialist – Nursing Lab (#F107), Column D, Step 14, effective Fall 2009. B. Ratify appointment of regular classified personnel: 1. Jose Aguilar, full-time, 40 hours per week, 12 months per year, Custodian (#CL25), Step A, effective May 11, 2009. 2. Alberto Diaz, full-time, 40 hours per week, 12 months per year, Custodian, (#CL20), Step A, effective May 11, 2009. C. Ratify appointment of regular management personnel: 1. Revision to previously approved item: William Yates, Jr., rescind appointment as full-time employee as Director of Small Business Assistance Center (#A-39) beginning May 11, 2009, and appoint part-time beginning May 11 through June 30, not to exceed 30 hours per week, and further if funds from other sources become available. 2. Ratify appointment of Paulette Bumbalough, current Director of Education Services in South County, to Dean of Economic Development and South County Education Services, Range III, Step E, effective July 1, 2009, and because Ms. Bumbalough will have supervisory duties at two campuses separated by 48 miles, a travel allowance of $500 per month. Ms. Bumbalough served as interim director of the Business Assistance Center (BAC) this spring, and as Dean of Economic Development will continue to direct the BAC. This new position is partially grant-funded. D. Ratify appointment of part-time instructors for spring semester 2009: 1. Guy Agrati, Nursing 2. Norma Nichols, Counseling 3. David Parker, Theater Arts E. Ratify appointment of part-time instructors for summer session 2009: 1. John Bosio, Construction. Appointment based on equivalency as follows: 44 units of construction equivalent to the major coursework of an AA; and successful work experience as a project manager, estimator, and general contractor. F. Ratify appointment of substitute classified employees: 1. Christine Huerta, $14.99/hr, 40 hrs/week, Administrative Assistant, Business Assistance Center (BAC), April 15, 2009 – May 10, 2009, grant funded. G. Ratify appointment of professional experts: 1. Samantha Anne Barnthouse, $500, to provide digital media, AIS-Library, February 13, 2009 – June 4, 2009, grant funded. 2. Oliva Bernal, $500, to provide digital media, AIS-Library, February 13, 2009 – June 4, 2009, grant funded. 3. Ernesto Castro, $47/hr, 12 hrs/week, to provide supervision for all range dates for ADJ 102 sections, Career & Economic Development, January 26, 2009 – June 4, 2009. 4. Erica Colburn, $500, to provide digital media, AIS-Library, February 13, 2009 – June 4, 2009, grant funded. 5. Rita Garcia, $500, to provide digital media, AIS-Library, February 13, 2009 – June 4, 2009, grant funded. 6. Pedro Jaramillo Jr., $500, to provide digital media, AIS-Library, February 13, 2009 – June 4, 2009, grant funded. 7. Valeria Jacuinde, $500, to provide digital media, AIS-Library, February 13, 2009 – June 4, 2009, grant funded. 8. Emmy Sanchez, $500, to provide digital media, AIS-Library, February 13, 2009 – June 4, 2009, grant funded. 9. Patricia Sanchez, $13/hr, 8 hrs/week, to provide childcare, Department of Social and Employment Services (DSES), Career and Economic Development, March 11, 2009 – June 20, 2009, grant funded. 10. Jaime West, $500, to provide digital media, AIS-Library, February 13, 2009 – June 4, 2009, grant funded. H. Ratify appointment of student workers for spring semester 2009: 1. Christan Bravo, EOP&S, Student Worker II 2. Ayana Edwards, Career & Economic Development, Student Worker I 3. Rohit Patel, Career & Economic Development, Student Worker I 4. Rohit Patel, Developmental Education, Student Worker II III. Special projects and stipends A. Ratify special project agreement payments: 1. Karen Carmon, $49.78/hr, not to exceed $1,592.96, to act as the program director for the MLT program, Nursing Department, April 15, 2009 – June 4, 2009. 2. J. Valentin Rodriguez, $4,500, to revise Auto Technology and Collision Technology programs to respond to the industry needs and increased capability to serve and retain VTEA students, September 15, 2008 – May 1, 2009, grant funded. 3 Ben Tiscareno, $450, to assist with developing a drafting course curriculum and articulation agreements in a day-long joint articulation workshop, Career and Economic Development, April 3, 2009, grant funded. Unadopted HARTNELL COMMUNITY COLLEGE DISTRICT MINUTES Board Workshop Hartnell College Library Distance Learning Room LRC 115 411 Central Avenue Salinas, California June 6, 2009 OPEN SESSION Trustee Donohue called the workshop to order at 12:11 p.m. ROLL CALL Patricia Donohue, President Kevin Healy, Vice President Bill Freeman (arrived at 12:24 p.m.) Elia Gonzalez-Castro (arrived at 12:25 p.m.) Juan Martinez Ray Montemayor Phoebe K. Helm, Superintendent-President/Board Secretary ABSENT Brad Rice Armando Cortes, Student Trustee (advisory vote per Board Policy 1030) OTHERS PRESENT Joanne Trevino, Classified Senate Steve Otero, Classified Schools Employee Association (CSEA) Ann Wright, Hartnell College Faculty Association (HCFA) Kathleen Rose, AVP, Academic Affairs/Accreditation Greg Peterson, AVP, Student Affairs and Athletics Al Munoz, Controller Ignacio Pando, Interim AVP, Career and Economic Development Gary Hughes, AVP, Library and Technology MikeThomas, Sustainable Construction Fire Hawk, MISA Consultant Maria de Leon, Classified Schools Employee Association Terri Pyer, Human Resources/Public Relations Paulette Bumlough, Director, South County Education Paul Casey, Director, EOPS/CARE Kelly Locke, Academic Senate President PUBLIC COMMENTS There were no public comments. BOARD DEVELOPMENT California Community College Publication: Budget Basics The Board reviewed the 2003 California Community College Publication, Board Focus: Budget Basics. Trustee Donohue lead the discussion and the Board discussed the Top Ten Fiscal Questions: 1) How are we covering the current year’s operations, given mid-year cuts? 2) What total budget deficits are we anticipating for next year? What are the plans for dealing with the deficit? 3) How is our growth factor established and funded? What are the projected growth and deficit factors for next year? 4) What is the plan to maintain the reserve? 5) What was the percentage increase in health benefits over the last three years, and what is the projected increase for next year? HCCD –BOARD WORKSHOP – JUNE 6, 2009 Page 1 of 4 What plans exist to contain the cost of health benefits? 6) How have we addressed the future liability to fund health benefits for retirees? 7) Where are we with the respect to the 50% law? 8) How are we impacted this year by the Full Time Obligation to employ a minimum number of full-time faculty annually? 9) How are we managing the general fund restricted accounts to assist us during the tough budget years ahead? 10) How will we approach layoffs, if they become necessary in these tough times? Dr. Helm noted numbers 7 and 8 have been set aside due to the current fiscal crisis. Trustee Donohue reminded the Board that its Ad hoc Audit committee consists of she and Trustee Healy and that they meet and review the quarterly reports before it is submitted to the Chancellors Office. In addition, the college has two internal finance committees, 1) Resource Allocation Committee; and 2) Finance Subcommittee, both of which consist of representatives from employee groups. Academic Senate President, Dr. Kelly Locke, presented a PowerPoint on Shared Governance. She reminded the Board that in November 2007, the Board approved to revise Board Policy 2005, Academic Senate – Shared Governance to include language mandated by Title V (AB 1725) to “consult collegially” by relying primarily upon the advice and judgment of the Academic Senate when developing policies and procedures on academic and professional matters. Also, Dr. Locke shared the new shared governance structure that was developed in Spring 2008 and reviewed each of the ten (10) academic and professional matters. As a result of the Board’s commitment, this is the first time, in her tenure, that the Senate has had an overwhelming, record-breaking interest in the senate and committee work. She believes this is a result of people feeling their work is valued and their voices heard. She demonstrated how the Board could locate the Senate’s web page and how to access agendas and minutes of the shared governance committees. In addition, she navigated through the college’s repository for curriculum, CurricuNET. (see Appendix A) The classified representatives, Joanne Trevino and Steve Otero, stated they believe that their group will be most affected and asked the administration and Board to fully consider their decisions, that they not be quick, that they be informed, to ask questions, to know the outcome of their decisions, to share decisions with them, and not allow classified employees to get lost in the shuffle. Ann Wright, HCFA President, spoke about the last three years and how the college has gone through a transformation that she believed would never happen. She sees a commitment from the administration and that she has no doubt that decisions are going and will continue to go through a shared governance process. She stated that, in the past, the faculty union’s participation in process was marginal at best. Today, it is expected that they participate and be involved. And, while at times, she may feel frustrated, she knows something will be done about it. She asked the Board to be informed, to ask questions, and to do the right thing. The representatives of the academic and classified senates, faculty, and classified union committed to work with the administration on the budget to HCCD –BOARD WORKSHOP – JUNE 6, 2009 Page 2 of 4 help find ways to cut the budget and urged the Board to keep the shared governance process in place. GOALS After discussion with faculty and staff, Trustee Donohue asked the Board to consider the following four goals for 2009-2010: 1) Accreditation; 2) Communication; 3) Finance; 4) Sustainability. Sustainability of processes and progress is a key element in accreditation requirements. BUDGET Dr. Helm reviewed the 2008-09 budget and proposed tentative budget for 2009-2010 by reviewing budget documents provided to the Board. In addition, she reviewed the revenue and expenditures for 2008-09 and 20092010 through a PowerPoint presentation. General Funds In 2008-09 the base funding was $33.6 million. The college had a 12% enrollment growth, restored its funding FTEs level, experienced a mid-year cut, had a shortfall in property taxes, and had a 15% cut to categorical funds in late May. In spite of these challenges, the college expects to close June 30 near or at zero with a 7.34% reserve. For 2009-2010, the base funding is $34.6 million, no funding for growth from the State, a 15% percent cut from State categorical funds, a $722,272 shortfall in property taxes, leaving a balance of $31.5 million. The anticipated expenses for 2009-10 (college obligations include salaries, benefits, and other operating expenses, i.e., utilities and supplies) is $38.1 million, which leaves of a deficit of $4.9 million. Dr. Helm is recommending taking $1.6 million from the reserves, leaving just over 3.03% (3% minimum required by State). This would mean the college would need to cut 3.3 million. Categorical Funds For 2009-2010, the State is proposing a 60% cut. This means a $2.6 million cut to categorical services and/or programs. Dr. Helm stated that even though these cuts may happen, the college will be obligated to provide services, i.e., disabled services and programs. The college needs to find ways to fund these important programs and services for our students. At the special meeting of June 8, the Board is to consider adopting a resolution to declare a financial emergency. This proposed action caused concern for some board members, as well as for others present. Trustee Freeman stated he would not vote for any cuts. A discussion ensued and Dr. Helm agreed to obtain more information in response to a question by Trustee Montemayor. All employee groups ensured the Board and staff that they would work with the process until all the needed cuts were made. Dr. Helm stated the reason she is asking the board to consider declaring a financial emergency is because it will provide the Board the ability to make decisions when employee groups are unable to. In addition, this does not mean the college can set aside legal statutes, i.e. Title V and Ed Code. HCCD –BOARD WORKSHOP – JUNE 6, 2009 Page 3 of 4 Trustee Martinez asked Dr. Helm to provide a breakdown on all salaries by groupings. Dr. Helm responded she would have the information available to him at the special board meeting of June 8, 2009. The board, faculty, and staff broke into groups to discuss concerns, ideas, and contributions. Prior to this activity, Dr. Helm shared the parameters the Resource Allocation and Finance committees agreed to 1) all employee groups share the pain equally; 2) honor the 45-day notice for classified/L-39 layoffs; 3) go forward with summer session; 4) look at the fall course offerings and protect general education (CSU/UC) and major requirements; and 5) the committees will work through the summer. ADJOURNED The workshop ended at 4:58 p.m. Patricia Donohue Board of Trustees President HCCD –BOARD WORKSHOP – JUNE 6, 2009 Phoebe K. Helm Board Secretary Page 4 of 4 Shared Governance and the Academic Senate at Hartnell College Dr. Kelly Locke Presentation to Board Workshop June 6, 2009 Board Policy 2005 The Governing Board and the Administration of Hartnell College will “consult collegially” by relying primarily upon the advice and judgment of the Academic Senate when developing policies and procedures on academic and professional matters. Academic and Professional Matters 1. Curriculum, including establishing prerequisites and placing courses within disciplines 2. Degree and certificate requirements 3. Grading policies Academic and Professional Matters 4. Educational program development 5. Standards or policies regarding student preparation and success 6. District and college governance structures, as related to faculty roles Academic and Professional Matters 7. Faculty roles and involvement in accreditation processes, including self‐study and annual reports 8. Policies for faculty professional development activities 9. Processes for program review Academic and Professional Matters 10. Processes for institutional planning and budget development Budget Development Process • Defined by the adopted Shared Governance Process • Finance Subcommittee and Resource Allocation Council develop recommended budget based on input of other committees. • Recommendation to Board of Trustees Unadopted HARTNELL COMMUNITY COLLEGE DISTRICT MINUTES Special Meeting of the Board of Trustees Hartnell College Board Room – CAB112 411 Central Avenue Salinas, California June 8, 2009 OPEN SESSION Trustee Donohue called the meeting of Board of Trustees of Hartnell Community College District to order at 5:03 p.m. at the Hartnell College Board Room, CAB112. ROLL CALL Patricia Donohue, President Kevin Healy, Vice President Bill Freeman Elia Gonzalez-Castro Juan Martinez Ray Montemayor Brad Rice Armando Cortes, Student Trustee (advisory vote per Board Policy 1030) Phoebe K. Helm, Superintendent-President/Board Secretary ADOPTED AMENDED AGENDA On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, vote of 7-0, and vote of Aye (Cortes), the Board adopted the agenda as amended. Item B, Adopt Resolution 09:17, Declaration of Financial Emergency, was postponed to the July meeting. Dr. Helm stated that at Saturday’s workshop there was a full complement of employee groups who committed themselves to work through the budget process. If the employee groups can bring forth the cuts that are needed, then the resolution would not be needed. DISCLOSURE OF CLOSED SESSION ITEMS Trustee Donohue disclosed items for Closed Session as authorized per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6: 1. Recommendation to consider 30-day suspension without pay of an academic employee (1 case) 2. Discuss impact of financial emergency as it relates to personnel only. PUBLIC COMMENTS REGARDING CLOSED SESSION Hetty Yelland, faculty, spoke in support of Tony Anderson, and read an excerpt from the book, To Kill A Mockingbird. Ann Wright, HCFA President, read aloud a statement on behalf of the grievance committee relating to the disciplinary action of Tony Anderson. Ann Wright, HCFA, President, thanked the people present at the Board’s Workshop on Goals and Budget on Saturday, June 6. She found it to be informative and thanked the Board for postponing the resolution. HCCD –SPECIAL MEETING – JUNE 8, 2009 Page 1 of 5 MOVED TO CLOSED SESSION The Board of Trustees of Hartnell Community College District, legal counsel, Mary Dowell, Terri Pyer, Interim Director, Human Resources, and Superintendent/President, Dr. Phoebe K. Helm adjourned to closed session at 5:13 p.m. to consider legal, personnel, labor, and/or contract matters authorized for Closed Session per Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6. RECONVENED OPEN SESSION Trustee Donohue reconvened the meeting at 6:54 p.m. PLEDGE OF ALLEGIANCE Trustee Healy led the Pledge of Allegiance. REPORT OUT FROM CLOSED SESSION There was no report out from closed session. PUBLIC COMMENTS Trustee Donohue acknowledged those wishing to address the Board and stated that she would adhere to a total of 15 minutes for public comments. In addition, as a result of tabling Item B., Adopt Resolution, Declaration of Financial Emergency, the Board would not be taking any public comments on that item. AHT students, Linda Nee, Kristy McBride, and Erin Jones deferred their time to Karen Ivey. Patty Ferguson, previous AHT student, currently has her own practice and wanted the Board to know the importance of the program and is willing to help in an effort to help save the college money. Karen Ivey, student, spoke in support of the AHT Program, and expressed concern over the discontinuance process used for reviewing the program, stating she believed the process was corrupt and the information used by the committee was inaccurate and outdated. Also, she pointed out typographical errors in the item presented to the Board and distributed additional information to the Board. Ms. Ivey was asked to conclude her statements at the end of ten minutes; however, on a motion by Trustee Martinez, seconded by Trustee Freeman, and unanimously carried, the Board moved to allow Ms. Ivey an additional five minutes. At which point, she continued her statements and urged the board not to discontinue the program. A. TENTATIVE BUDGET Dr. Helm distributed the salary information requested by Trustee Martinez from Saturday’s workshop and asked the board review the information at the July meeting. She then reviewed the general fund (local and state money the college can decide how it’s spent), restricted categorical funds (money that is provided by the State for a specific purpose) and general restricted funds (local money, i.e. bond funds, that is also restricted). For the 2009-10, the college is facing a $3.3 million cut in general funds and $2.6 million (60%) in restricted funds. The college had a 12% enrollment growth for 2008-09, which restored the funding lost in 2006 plus 3% growth. However, the college will not be funded for this growth. It is anticipated the college will close 2008-09 at or near zero. HCCD –SPECIAL MEETING – JUNE 8, 2009 Page 2 of 5 There were questions surrounding the property acquisition, bookstore, and cafeteria funds, and the question was asked if the college could put off the bookstore remodeling. Dr. Helm responded that the remodel is not just the bookstore, but the college center, and that the Board has already approved this project from the bond funds, and that she would not recommend making that modification at the tentative budget level—that if necessary, it can be done at a later time. Trustee Martinez asked if Dr. Helm would look into whether or not the college could hold off on the remodeling of the college center because the college should look closely at everything to try stabilizing employees. Trustee Montemayor asked if the 2009-10 tentative budget included the Animal Health Technology program. Dr. Helm responded, yes because the college has an obligation to allow the approximately 17 students currently in the program to finish by August 2010. In addition, she clarified that the recommendation to discontinue the program is not based on the budget crisis, but rather a result of the review indicating that trained (technicians) receive very low pay – less than $1.00 per hour than untrained assistants. Trustee Freeman stated that it’s a tragedy that we are in this state and believes if we make these cuts, our students and community will suffer. Also, he believes the college should not be forced to make any cuts. Further, he believes we are not in a budget crisis in California, rather the State does not know its priorities. For clarification, Dr. Helm explained that the Board’s approval of the tentative budget would direct her and employees groups to work toward bringing forth recommended cuts to avoid declaring an emergency. Audience member, HCFA President, Dr. Ann Wright, was permitted to make a statement and she urged the Board to pass the tentative budget because not doing so would tie employee’s hands and that she and others are ready to move forward. On motion on by Trustee Gonzalez-Castro, seconded by Trustee Rice, roll call vote of 4-3 (Freeman, Martinez, Montemayor), and advisory vote of Aye (Cortes), the Board approved the tentative budget 2009-2010, set the date and time for a public hearing, and the set date to adopt final budget for 2009-2010. Trustee Martinez stated he based his “No” vote on the fact that he wants to take part in building the budget to meet the deadline of July 1, 2009. B. ADOPT RESOLUTION 09:17, DECLARATION OF FINANCIAL EMERGENCY This item was postponed to a future meeting. C. FINAL PROJECT PROPOSAL – SCIENCE BUILDING On motion by Gonzalez-Castro, seconded by Trustee Rice, and on roll-call vote of 7-0, advisory vote of Aye (Cortes), the Board approved the submittal of the Science Building Final Project Proposal to the California Community College Systems Office. Trustee Healy asked Mr. Felice if the State would match the funds some day, and he responded, yes. Trustee Cortes asked what the percentage was, and he HCCD –SPECIAL MEETING – JUNE 8, 2009 Page 3 of 5 responded 50%. Trustee Freeman asked about the construction timeline, he responded that construction would start in about 3.5 to 4 years. D. FIVE YEAR CAPTIAL PLAN 2011-2015 On motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, vote of 70, and advisory vote of Aye (Cortes), the Board moved to approve the submittal of the 2011-2015 Five-Year Capital Construction Plan. E. BOARD BENEFITS Trustee Healy stated he suggested suspending Board benefits because he believes the Board should be the first to show leadership in regards to the financial crisis. He encouraged the Board vote in favor as a good faith effort, that the momentum is good, and that he is pleased to see the college moving in a positive direction. Trustee Rice asked that the motion state “suspend” rather than “waive”. Trustee Montemayor stated he believes this decision should be an individual choice and that he has a concern when a governing board takes action to completely take out benefits from any group, and that he is opposed. Trustee Freeman agrees with Trustee Montemayor; that this action should be voluntary and that he does not agree the Board should be forced to give up their benefits. Trustee Martinez stated he agrees with Trustee Montemayor, it should be an individual choice; that if the Board takes this action, employees will be asked to lower their benefits; that it should not be imposed and is choosing to vote no. Trustee Donohue stated that the estimated cost savings would cover one fulltime position – approximately $100,000. On motion by Trustee Healy, seconded by Gonzalez-Castro, roll call vote of 4-3 (Freeman, Martinez, Montemayor), and advisory vote of Aye (Cortes), the Board moved to suspend board benefits through June 30, 2010. F. DISCONTINUE ANIMAL HEALTH TECHNOLOGY PROGRAM Dr. Helm pointed out a typographical error in the year of the report (May 2009) and that she inadvertently picked up the data for a veterinary assistant rather than a technician. Also, as she stated earlier, this recommendation is not coming forward because of budget cuts, but because the program is producing jobs with poor wages. Also noted, is that this program was recently provided support and review in 2006. Currently, the program, while funded through general funds, has received some funding through the Foundation, and that money is nearly exhausted. There are approximately 17 students in the program that will be allowed to finish by August 2010. Also, she stated that the committee was not appointed by the Board, but rather by the Academic and Student Senates, and she appointed the administrators, none of which had a direct responsibility to the program. The data the committee received came from the Center of Excellence, Chancellors Office (labor market report), the college registrar (enrollment), and from internal reports (expenses). The corrected report is on-line. Trustee Freeman questioned why the public was prevented from the process, HCCD –SPECIAL MEETING – JUNE 8, 2009 Page 4 of 5 why the Board was misled, and why they are being asked to take this action being this is the largest agricultural area. Dr. Helm responded that the process was followed and she did not believe the Board was misled in any way. Rather, the Board has heard from groups of students 1) at the April 14 meeting, 2) the June 2 meeting and 3) this evening, and she has had met with the advisory at least three times since she has been here, including April 2009. On motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, roll call vote of 4-3 (Freeman, Martinez, Montemayor), and advisory vote of Aye (Cortes), the Board moved to discontinue the animal health technology program; that students who have been admitted and continuously and successfully enrolled (approximately 17) be provided an educational plan to enable to complete the program requirements on or before August 2010. Trustee Martinez wanted stated for the record his concern for the students. RESCHEDULE AUGUST REGULAR MEETING On motion by Trustee Rice, seconded by Trustee Gonzalez-Castro, vote of 70, and advisory vote of Aye (Cortes), the Board moved to reschedule the regular meeting of August 4 to August 11, 2009. ADJOURNMENT On a motion by Trustee Rice seconded by Trustee Cortes vote of 7-0 and advisory vote of Aye (Cortes), the Board adjourned the meeting at 8:27 p.m. NEXT MEETING The next regular Board of Trustees Meeting is scheduled on July 7, 2009, 5:00 p.m., Hartnell College, CAB112, Board Room. Patricia Donohue Board of Trustees President HCCD –SPECIAL MEETING – JUNE 8, 2009 Phoebe K. Helm Board Secretary Page 5 of 5 AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Ratify Disbursements of District Accounts Number: V. B. Area: Office of Support Operations Supplement OSO-3 Prepared by: Barbara Yesnosky Status: Consent Action Recommendation: That the Board of Trustees ratifies disbursements from District accounts. Summary: The attached lists of disbursements from District accounts are presented for ratification. COUNTY WARRANTS Any or all of the following funds: General; Debt Service; Bookstore; Child Development Center; Capital Outlay; Scheduled Maintenance/State-Funded Projects; Property Acquisition; Bond Projects; Cafeteria; SelfInsurance; Retirees’ Health Benefits; Associated Student Body; Scholarship, Loan, and Trust; and Intercollegiate Athletics DATE 5/04/09 5/11/09 5/18/09 5/27/09 WARRANT NUMBER 12713532 12713594 12714822 12714927 12716596 12716667 12718670 12718812 NO OF WARRANTS 63 106 72 143 Subtotal $ AMOUNT 817,235.94 555,173.78 238,389.92 583,648.24 $ 2,194,447.88 Note: Legal fees in above summary total $18,809.01 CHECKING ACCOUNTS General Fund Revolving DATE May 09 Subtotal Total Budget Implications: None WARRANT NUMBER 10098 10101 NO OF WARRANTS 4 $ $ AMOUNT 5,502.64 5,502.64 $ 2,199,950.52 AGENDA ITEM FOR BOARD MEETING OF: Title: July 7, 2009 Number: Ratify the Recommendations from the Curriculum Committee V. C. Area: Status: Academic Affairs Consent Action Prepared by: Kathleen Rose Recommended Action: That the Board of Trustees ratifies the recommendations from the Curriculum Committee. Summary 10 Course Revisions 16 New Courses 1 New Degree/Certificate The actions of the Curriculum Committee can be viewed at: www.hartnell.cc.ca.us/curriculum/minutes.html Budget Implications: None GOVERNING BOARD MEETING JULY 7, 2009 CURRICULUM COMMITTEE ACTIONS 1. COURSE REVISIONS AOD 4, Counseling Diverse Populations COU 129, Student Skills for Success Job Hunting Techniques COU 105, Emotional Management Skills JAJ 110, Uni Camp Counselor Training LIB 2, Introduction to Using the Academic Library MAT 200, Arithmetic of Whole Numbers MAT 200L, Arithmetic of Whole Numbers POL 2, Contemporary Governments Abroad PSY 15, Human Sexuality PSY 45, Special Projects 2. NEW COURSES ABT 130, Introduction to Food Safety ABT 131, Agricultural Practices for Food Safety ABT 132, Food Safety Management ABT 133, Facility Management for Food Safety ABT 134, Environment Effects on Food Borne Pathogens ABT 135, Introduction to Food Microbiology BUS 150, Basic Computer Applications CON 120, Introduction to Green Building CON 130, Highway Heavy Construction EDU 112, Community Survey Research PE 300, Fitness Education and Assessment for the Sworn Peace Officer PE 301, Aerobics PE 302, Yoga PE 303, Self-Defense/Martial Arts PE 304, Strength Conditioning Lab PE 305, Swim Fitness 3. NEW DEGREE/CERTIFICATE Food Safety Degree Food Safety Certificate AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Ratify Contract for the Hartnell College PE Renovation Project Number: Area: Status: Facilities Prepared by: Gary Hughes Consent Action V. D. Recommendation: That the Board of Trustees ratifies the contract with Perma-Green Hydroseeding, the lowest responsive bidder for the PE Renovation Project. Summary: The Hartnell College PE Renovation Project consists of replacement of the baseball and softball field with synthetic turf. Additionally the soccer field will be relocated and refurbished in time for the 2009 soccer season. The scope of work includes hardscape, landscaping, lighting, dugouts, a press box, batting cages and infrastructure for a new portable restroom. This process involved advertising in the Salinas Californian and in Central Coast Builders Exchanges. The College held two (2) mandatory job walks to familiarize contractors with the project location and scope. General Contractor bids were opened on Tuesday, June 23, 2009. There were a total of five (5) bidders on this project: Scope Company Location Total ($) GC GC GC GC GC Perma-Green Robert A. Bothman DMC Construction Tombleson Davis Moreno Gilroy, CA San Jose, CA Monterey, CA Salinas, CA Fresno, CA $4,111,400 $4,341,700 $4,490,000 $4,791,167 $5,200,000 Budget Implications: The budget for the above referenced contract is $4,111,400 and will be paid with Measure H funds. AGENDA ITEM FOR BOARD MEETING OF: Title: July 7, 2009 Number: Ratify Child Development Center Agency Self-Evaluation Report – FY 08/09 V. E. Area: Status: Office of Career and Economic Development Child Development Center Prepared by: Dr. Ignacio Pando Consent Action Recommendation: That the Board of Trustees ratifies the Hartnell College Child Development Center’s Agency Self-Evaluation Report for FY 2008/09. Summary: The State of California Department of Education requires that the governing board of Hartnell College review and approve the Child Development Center’s Annual Agency Self-Evaluation Report. Hartnell College Child Development Centers are contracted with the State Department of Education to provide a preschool program up to 156 children this program year. The required Self-Evaluation process provides for the ongoing monitoring of the program to assure that areas of the program that are satisfactory continue to meet standards, areas requiring modification pursuant to subsection (b)(5) are addressed in a timely and effective manner, and the planning of strategic actions to meet the identified needs and improve educational outcome. Term: 2008-09 year Project Manager: Linda Taylor Budget Implications: None AGENDA ITEM FOR BOARD MEETING OF: Title: July 7, 2009 Number: Approve 2009/10 Contract for Continued Funding – California State Preschool Program (CSPP-9325) V. F. Area: Status: Office of Career and Economic Development: Child Development Center Consent Action Prepared by: Dr. Ignacio Pando Recommendation: That the Board of Trustees approves the 2009/10 contract to provide continued funding by the California Department of Education for State-funded Preschool services for Hartnell College Child Development Center Preschool Programs. Summary This contract provides for a lab program for students enrolled in Early Childhood Education, psychology, and other child development related coursework. Funding will provide up to 153 children free preschool services for 175 days. Budget Implications: No impact on General Fund Source of Funds: State: $569,542 AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Ratify Grant Application and Accept Funds, if Awarded, with the California Community College Chancellor’s Office for Allied Health Programs Number: Area: Status: Office of Career and Economic Development Prepared by: Dr. Ignacio Pando Consent Action V. G. Recommendation: That the Board of Trustees ratifies the grant application and accept funds, if awarded, with the California Community College Chancellor’s Office for statewide economic stimulus dollars to fund allied health programs. Summary: Funds provided by this proposal will enable Hartnell College to meet the growing health care industry needs by expanding its Medical Laboratory Technician program. The Medical Laboratory Technician (MLT) program offers a two year Associate of Science degree. A Medical Lab Technician is a licensed health care occupation in California. Medical Laboratories and laboratory testing play a critical role in health care in our community. According to industry estimates, California will continue to have an increased need for MLT’s. Through this funding, Hartnell College, along with industry partners, will be able to provide this costly but needed training to ensure continuation of this program to meet the communities’ needs and provide high income jobs in a growing industry. Term: July 14, 2009 to June 30, 2011 Project Manager: Dr. Catherine Ryan Budget Implications: There is no impact on general funds. Source of Funds: Federal Economic Stimulus Funds for Allied Health: $400,000. AGENDA ITEM FOR BOARD MEETING OF: Title: July 7, 2009 Number: Ratify Grant Application, and Accept Funds, if Awarded, with the United States Department of Education for a Hispanic Serving Institution (HSI) Title V grant V. H. Area: Status: Educational Technology and Library Services Prepared by: Gary Hughes Consent Action Recommendation: That the Board of Trustees ratifies the grant application, and accepts funds, if awarded, with the United States Department of Education for a Hispanic Serving Institution (HSI) Title V grant. Summary: In an effort to improve student performance in math, and the sciences, Hartnell College, on June 15, 2009 submitted a grant in the amount of $2,875,000 over a five-year period to the United States Department of Education for a Hispanic Serving Institution (HSI) Title V grant. Term: If awarded, this would be a five-year grant. Budget Implications: If awarded, the college could receive up to $2,875,000 over five years. Source of Funds: Federal $2,875,000 AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Approve Memorandum of Understanding between Hartnell College and King City Town Square, LLC Number: Area: King City Education Center Prepared by: Paulette Bumbalough Status: Consent Action V. I. Recommendation: The Administration recommends that the Board approves the Memorandum of Understanding (MOU) with King City Town Square, LLC for shared cleaning and landscaping services for the King City Education Center. Summary: The King City Town Square, LLC contracts for custodial and landscaping services to maintain the Town Center where the King City Educational Center is located. It is the intent of this Memorandum of Understanding (MOU) to have them continue this service for the Education Center. Hartnell College will pay a pro rata share of the cost of this service. The terms of the MOU are to begin July 8, 2009 and end with a 30 day written notice by either party. The fee and payment structure is contained in the addendum to the MOU. Term: July 8, 2009, with a 30-day termination notice for either party. Budget Implications: The annual cost to the district’s general fund is $12,420. HARTNELL COMMUNITY COLLEGE DISTRICT AND KING CITY TOWN SQUARE LLC MEMORANDUM OF UNDERSTANDING This AGREEMENT made this 8th day of July, 2009, by and between King City Town Square LLC, hereinafter “King City Town Square LLC”, and HARTNELL COMMUNITY COLLEGE DISTRICT, hereinafter “Hartnell”. WHEREAS: King City Town Square LLC operates facilities that are used in Monterey County; and WHEREAS: Hartnell has a need for certain work and/or services with for its King City Education Center WHEREAS: Hartnell and King City Town Square, LLC find that each party has the desire to mutually enter into a memorandum of understanding NOW THEREFORE, in consideration of the mutual covenants, terms and conditions and stipulations hereinafter expressed and intending to be legally bound, and in consideration of the mutual benefits to be derived there from, the parties hereto agree as follows: 1. RESPONSIBILITIES OF THE PARTIES. It is expressly understood and agreed that this Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between the parties. It is understood that this is an agreement by and between independent contractors. As a self-employed independent contractor, the District shall not be responsible for payment of any unemployment insurance, Worker’s Compensation Insurance, Social Security or Medicare taxes or contributions of Federal or State income tax withholding for or on behalf of King City Town Square LLC. King City Town Square LLC shall perform the following services at the Hartnell College King City Education Center, 117 N. Second St., King City, California 93930: Exhibit A. 2. Fee and Service Schedule. TERM AND TERMINATION. The term of this agreement shall be from the period beginning July 8, 2009 and can be terminated at any time upon giving 30 days advance notice in writing to the other party in the manner herein specified. In such event, both parties agree to use all reasonable efforts to mitigate their expenses and obligations there under. In such an event, payment shall occur for all satisfactory services rendered and expenses incurred prior to such termination which could not be avoided by reasonable efforts, but not in excess of contract maximum payable. In the event of any breach of this contract, the District may without any prejudice to any of its other legal remedies, terminate this contact upon five days written notice to King City Town Square LLC. If any provision, or any part of any provision of this agreement is for any reason held to be invalid, unenforceable or contrary to any public policy, law, statute and/or ordinance, then the remainder of this agreement shall not be affected thereby and shall remain valid and fully enforceable. Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN HARTNELL COMMUNITY COLLEGE DISTRICT AND KING CITY TOWN SQUARE LLC FOR CUSTODIAL/GROUNDS/MAINTENANCE 3. HOLD HARMLESS AND INDEMNIFICATION. HARTNELL COLLEGE agrees to indemnify, hold harmless, and defend King City Town Square LLC from and against any and all claims, demands, actions, settlements, costs, damages or judgments, including reasonable attorney’s fees and litigation expenses, based upon or arising out of the activities described in this Agreement, where such claims, demands, actions, settlements, costs, damages or judgments relate to negligent or intentional actions or omissions of Hartnell College, its agents, representatives or employees. Hartnell College agrees that the provisions of this section shall survive the termination of this Agreement. King City Town Square LLC agrees to indemnify, hold harmless, and defend HARTNELL COLLEGE from and against any and all claims, demands, actions, settlements, costs, damages or judgments, including reasonable attorney’s fees and litigation expenses, based upon or arising out of the activities described in this Agreement, where such claims, demands, actions, settlements, costs, damages or judgments relate to negligent or intentional actions or omissions of King City Town Square LLC, its agents, representatives or employees. King City Town Square LLC agrees that the provisions of this section shall survive the termination of this Agreement. 4. PERFORMANCE – TIME CONSIDERATIONS. In case either party shall fail to perform the agreement on its part to be performed, at the time fixed for the performance of such respective agreement by the terms of this contract or by any extension thereof, the other party may, at its election, terminate the contract. Such termination shall be in addition to and not in lieu of any other legal remedies provided by this contract or by law. 5. AMENDMENT. The terms of this Agreement shall not be amended in any manner whatsoever except when notified as required in writing by agreement signed by both parties. 6. NOTICE. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or be sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed as follows: Attn: Associate VP, Support Operations 411 Central Avenue Salinas, CA 93901 OR King City Education Center Attn: Paulette Bumbalough, Director 117 N. Second Street, King City, CA 93930 And KING CIT TOWN SQUARE LLC Attn: Chris Davis, Owner 121 N. Vanderhurst St., King City, CA 93930 Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this paragraph. Page 2 MEMORANDUM OF UNDERSTANDING BETWEEN HARTNELL COMMUNITY COLLEGE DISTRICT AND KING CITY TOWN SQUARE LLC FOR CUSTODIAL/GROUNDS/MAINTENANCE IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives effective on the day first above-written. HARTNELL COMMUNITY COLLEGE DISTRICT KING CITY TOWN SQUARE LLC By______________________________ Phoebe K. Helm Superintendent/President Secretary of the Board Date_____________________________ By______________________________ Chris Davis Owner, King City Town Square LLC Date ____________________________ Page 3 MEMORANDUM OF UNDERSTANDING BETWEEN HARTNELL COMMUNITY COLLEGE DISTRICT AND KING CITY TOWN SQUARE LLC FOR CUSTODIAL/GROUNDS/MAINTENANCE EXHIBIT A Service at: King City Education Center, 117 North Second St., King City, California Custodial/Maintenance Service to include: • • • • • During in-session semesters, at a minimum, 4 week days and Saturday evening cleaning of restrooms, classrooms and offices, floors and trash disposal. During semester breaks, minimum of 3 weekday evenings of light cleaning of restrooms and offices to include trash disposal. All cleaning materials supplied by Hartnell College. Hartnell College will also provide all janitorial supplies. Heavier cleaning equipment will be rented/provided by King City Town Square LLC. It is understood Hartnell College is in session 42 weeks a year and the remaining 10 weeks are semester breaks with staff employed and students not in session. Contract requires maximum services during class sessions and minimal services when not in session. Daily cleaning required during semesters in session. Weekly cleaning required during semester breaks. Annual heavier cleaning required during semester breaks and includes: stripping, waxing and buffing all floors, carpet cleaning, cleaning elevator, restroom, classroom, and office walls, windows and furniture. Occasional minor maintenance will include services such as light bulb replacements, wall switch plate replacements, spot painting of walls and doors and cleaning of graffiti from walls and furniture, etc. Grounds Service to include: • • • • • • Trash and leaf clean-up Lawn Care Watering Weeding Edging General yard maintenance (Pruning/hauling of all plants, trees, hedges, bushes, etc. Minor repairs to watering/sprinkler system when needed.) Custodial/Grounds/Maintenance Service Fees: • $15 per hour, 12 hours per week, 52 weeks = $9,360 for custodial/maintenance services (7/1/09 through 6/30/10) • $510 for rental of equipment (carpet cleaner, floor buffer, maintenance equipment and/or gardening equipment) • $150/month x 12 months = $1,800 for landscaping/grounds maintenance service fee • $250/pruning & hauling service x 3 (fall, winter, and spring) = $750 annual hauling/pruning fee Total cost of services and equipment rental = $12,420 Payment schedule will be billed at a rate of $1,035 per month in arrears Page 4 AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Number: Approve Contract with 1099 Pro, Inc. V. J. Area: Status: Office of Support Operations Prepared by: Alfred Muñoz Consent Action Recommendation: That the Board of Trustees approves the contract with 1099 Pro, Inc. to provide 1099 Pro 2009 Software to assist in uploading student tuition information for 2009. Summary: Educational institutions are required to provide students IRS form 1098-T by January 31, 2010. Form 1098-T provides students information related to tuition fees paid during the calendar year. 1099 Pro, Inc. provides a service to assist the District in preparing the annual documents as required by the Internal Revenue code. The District has used the services of 1099 Pro, Inc. for several years. Term: January 2010 through March 2010. Budget Implications: $15,000 has been budgeted in the unrestricted general fund for 2009-2010 and the actual cost will depend upon the number of forms issued. AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Approve Agreement with Centration for Mandated Cost Reimbursement Services 2009-2012 Number: Area: Office of Support Operations Prepared by: Barbara Yesnosky Status: Consent Action V. K. Recommendation: That the Board of Trustees approves the agreement with Centration to file mandated costs claims on behalf of Hartnell Community College District for 2009-2012. Summary: The State of California reimburses schools and community college districts for the cost of certain processes that are mandated by the State. Some of these processes are specific costs related to contract negotiations, contract interpretation, integrated waste management (recycling) and student fee mandates. Since 1999, Hartnell Community College District has utilized outside organizations to provide professional assistance to process the complex documentation as well as timely filing of our mandated costs claims with the State Controller on behalf of Hartnell. Term: July 1, 2009 through June 30, 2012. Budget Implications: The annual cost is $6,000 per year, which has been included in the 2009-2010 unrestricted general fund budget. AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Approve Extension Agreement with Keenan & Associates for the Administration of Workers’ Compensation Run-Off Claims for 20092010 Number: Area: Office of Support Operations Prepared by: Barbara Yesnosky Status: Consent Action V. L. Recommendation: That the Board of Trustees approves to extend the agreement with Keenan & Associates for the administration of Workers’ Compensation run-off claims. Summary: At the June 3, 2003 Board of Trustees meeting a resolution was passed declaring membership in the Protected Insurance Program for Schools Joint Powers Authority for the purpose of minimizing the inevitable cost increases for workers’ compensation insurance. This action was taken because of the changing insurance environment, increased medical costs, as well as large deficits for risk-sharing pools and self-insured districts. For the past six years, Keenan & Associates have been engaged to administer the previous claims (run-off or tail claims) that have remained after the transition from the Monterey County Schools Workers’ Compensation Joint Powers Authority. This agreement will provide continuing services for the district’s workers’ compensation claims. Term: July 1, 2009 through June 30, 2010 Budget Implications: Cost of the services will be $18,000 and will be paid from the Self-Insurance fund. AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Approve Destruction of Class III Records Number: V. M. Area: Office of Support Operations Supplement OSO-6 Prepared by: Alfred Muñoz Status: Consent Action Recommendation: That the Board of Trustees approves the destruction of Class III records in compliance with Title V, Section 59027. Summary: In accordance with Title V, Section 59027, Article 3, the governing board must grant approval before District Class III records are destroyed. Admissions and Records, Office of Instruction, Academic Learning Center, Child Development Center, Occupational Education, Financial Aid, Extended Opportunity Programs and Services, and Office of Support Operations request permission to destroy 199 cases of Class III files. A listing of these files is attached. These Class III records must be retained for three years. Normal business practice is to destroy them at the end of the retention period. Budget Implications: $1,800 and is budgeted in the unrestricted general fund. OSO-6 Column1 #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16 #17 #18 #19 #20 #21 #22 #23 #24 #25 #26 #27 #28 #29 #30 #31 #32 #33 #34 #35 #36 #37 #38 #39 Department A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R A&R Office of Instruction Office of Instruction Office of Instruction Office of Instruction Office of Instruction Office of Instruction Office of Instruction Office of Instruction Office of Instruction Office of Instruction Office of Instruction Office of Instruction ALC ALC ALC ALC ALC ALC ALC ALC Contents Applications Applications Applications Applications Applications Applications Applications Applications Applications Applications Applications Attendance, Grades, Drop Rosters Attendance, Grades, Drop Rosters Attendance, Grades, Drop Rosters Attendance, Grades, Drop Rosters Attendance, Grades, Drop Rosters Attendance, Grades, Drop Rosters Attendance, Grades, Attendance, Grades, Drop Rosters Attendance, Grades, Drop Rosters Scheduling Reports Scheduling Reports Scheduling Reports Scheduling Reports Scheduling Reports Scheduling Reports Scheduling Reports Study Abroad (Catalogs, Slides, & Videos Study Abroad (Catalogs, Slides, & Videos Study Abroad (Catalogs, Slides, & Videos Files Health Processing Center Planning & Building Document Handouts Handouts Handouts Tutorial/SI Reports & Application Handouts Handouts Student Records Handouts Year of Records 2000-2001 2000-2001 2000-2001 2000-2001 2000-2001 2000-2001 2000-2001 2000-2001 2001 2001 2001 2001 2001 2001 2002 2002 2002 2001 2001 1992-1999 1992-1999 1992-1999 1992-1999 1992-1999 1992-1999 1992-1999 1992-1999 1992-1999 1992-1999 1999-2002 1992-2002 2004 2004 2004 2000-2001 2004 2004 2002-2003 2004 C:\Documents and Settings\Hartnell\My Documents\LUCY\Board Meetings\2009-2010\07-07-09\Consent M Records Destruction Destroy By 2006 2006 2006 2006 2006 2006 2006 2006 2007 2007 2007 2006 2006 2006 2007 2007 2007 2006 2006 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2006 2007 Type of Records Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 1 of 10 OSO-6 #40 #41 #42 #43 #44 #45 #46 #47 #48 #49 #50 #51 #52 #53 #54 #55 #56 #57 #58 #59 #60 #61 #62 #63 #64 #65 #66 #67 #68 #69 #70 #71 #72 #73 #74 #75 #76 #77 #78 #79 ALC ALC ALC ALC ALC ALC ALC CDC CDC CDC CDC CDC Occ. 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Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files A/P Files Cashier Back-Up Cashier Back-Up 2004-2005 2004-2005 2004-2005 2004-2005 2002-2003 2000-2001 2001-2002 2001-2002 2001-2002 2001-2002 2002-2003 2002-2003 2002-2003 2002-2003 2002-2003 2002-2003 2002-2003 2004-2005 2001 2002 2001-2002 2001-2002 2001-2002 2001-2002 2004-2005 2002-2003 2001-2002 2001-2002 2001-2002 2000-2001 2000-2001 2002-2003 2002-2003 2004-2005 2004-2005 2004-2005 2002-2003 2002-2003 2002-2003 2002-2003 2001-2002 2003-2004 C:\Documents and Settings\Hartnell\My Documents\LUCY\Board Meetings\2009-2010\07-07-09\Consent M Records Destruction 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 4 of 10 OSO-6 #160 #161 #162 #163 #164 #165 #166 #167 #168 #169 #170 #171 #172 #173 #174 #175 #176 #177 #178 #179 #180 #181 #182 #183 #184 #185 #186 #187 #188 #189 #190 #191 #192 #193 #194 #195 #196 #197 Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Business Office Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Cashier Back-Up Voided FA Checks Voided FA Checks SBC, Pac Bell, AT&T Long Distance Distance Utility Bills Utility Bills Utility Bills HCCD Petty Cash #3-Kinkos Planning/Communications-Shefflette, Eric Pacific Architectural Hand-Savage, Salle Pell, Seog, Care, Student Refunds Pell, Seog, Care, Student Refunds Vacaflor-WACD Short Courses & Misc Pe JE's, BE's, & MJ's FA, EOPS, Student Refund FA, EOPS, Student Refund FA/EOPS CK Stubs FA/EOPS CK Stubs FA/EOPS CK Stubs FA/EOPS CK Stubs FA/EOPS CK Stubs FA/EOPS CK Stubs FA/EOPS CK Stubs 2003-2004 2003-2004 2003-2004 2003-2004 2002-2003 2002-2003 2001-2002 2001-2002 2002-2003 2002-2003 2001-2002 2002-2003 2002-2003 2002-2003 2001-2002 2001-2002 2002-2003 2002-2003 2002 2005 2002-2005 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2001-2002 2002-2003 2000-2001 2000-2001 2003-2004 2003-2004 2006-2007 1994-1995 2004-2005 2006-2007 2005-2006 2003-2004 2003-2004 C:\Documents and Settings\Hartnell\My Documents\LUCY\Board Meetings\2009-2010\07-07-09\Consent M Records Destruction 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 Class 3 5 of 10 AGENDA ITEM FOR BOARD MEETING OF: Title: July 7, 2009 Number: Appointment of Four Members to the Independent Citizens’ Bond Oversight Committee IV. N. Area: Status: Office of Superintendent/President Prepared by: Phoebe K. Helm Consent Action Recommendation: That the Board of Trustees approves the appointment of four members to the Independent Citizens’ Bond Oversight Committee. Summary: Based on criteria established by Prop 39, the membership of the Independent Citizens’ Oversight Committee is to consist of seven members. Currently, there are four (4) two-year term vacancies. After publications in the local newspaper and interviews, the following individuals are being recommended as indicated: One member shall be active in a business organization representing the Robert Perkins business community located with the district. Term: 07/9/09 to 6/30/2011 One member shall be active in a senior citizens’ organization. Vearl Gish Term: 07/9/09 to 6/30/2011 For a community college district, one member shall be active in the John Inman support and organization of a community college or the community Term: colleges of the district, such as a member of an advisory council or 07/9/09 to 6/30/2011 foundation. For a community college district, one member shall be a student who is Juan Carlos both currently enrolled in the district and active in a community college Term: group, such as student government. The community college student 07/9/09 to 6/30/2011 member may, at the discretion of the board, serve up to six months after his or her graduation. Budget Implications: None AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Number: Approve and/or Ratify Personnel Actions Area: Human Resources & Equal Employment Opportunity V. O. Status: Consent Action Recommendation: Approve and/or ratify personnel actions as listed below. Summary: Approval of: 1 full-time tenure track faculty position Ratification of: 3 resignations 1 retirement of regular personnel 1 hire of a full time faculty employee 1 part-time faculty hire for spring semester 2009 8 part-time faculty hires for summer session 2009 1 substitute employee hire 6 professional expert hires 3 volunteers 1 student worker hires for spring and summer semesters 2009 21 payments to faculty for special projects that have been completed or are being paid on a monthly timesheet basis Detail: I. Retirements, resignations, releases, and leave requests A. Ratify retirement of regular personnel: 1. Jaime Villarreal, Print Shop Supervisor (#S-4), retirement in lieu of layoff, effective June 30, 2009 (Note: this updates board action taken in April, 2009). 2. MaryHelen Dorado, Financial Aid Director (#A-31), retirement in lieu of layoff, effective July 31, 2009, due to position of Director of Financial Aid being eliminated in restructure of Student Services. AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 B. Ratify resignation of regular personnel: 1. Dyan Miller, Dean of Physical Education and Athletics (#A-23), effective July 8, 2009. 2. Kathleen Rose, Associate Vice President for Academic Affairs and Accreditation (#A-47), effective July 3, 2009. 3. Vanessa Bautista, Library Technician (#CC115), effective June 29, 2009. II. Appointments A. Ratify appointment of full-time academic personnel: 1. Barbara Ristrim, full-time, tenure-track, Speech and Communication Instructor (#F-106), Column B, Step 3, effective August 17, 2009. This position was temporary for 2008–2009. B. Ratify appointment of part-time instructor for spring semester 2009: 1. Dennis Merrill, Health Services C. Ratify appointment of part-time instructors for summer session 2009: 1. Gabriel Bravo, Counseling 2. Susan Burns, Theater Arts 3. Richard Givens, Counseling 4. Jeffrey Heyer, Theater Arts 5. Vince Lewis, Counseling 6. Joseph Martinez, Counseling 7. Jeff McGrath, Theater Arts 8. Elizabeth Ramirez, Counseling D. Ratify appointment of substitute classified employee: 1. Eva Diaz, $15.73/hr, (30 hrs/wk), Administrative/Help Desk, Information Systems, May 18 – July 24, 2009. E. Ratify volunteers: 1. Grecia A. Garcia, Physical Education 2. Ernie Guerrero, Physical Education 3. Patrick Kosta, Physical Education F. Ratify appointment of professional experts: 1. Ron Cacas, $2000 flat rate, to provide promotions and marketing for The Western Stage production of The American Clock, May 10 – June 5, 2009. AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 2. Marilyn Duran, $15.05/hr (40 hrs/wk), to provide assistance with governmental, military personnel management and protocols to assist coordination of summer intern program. Serve as a liaison between sponsoring organizations and science students, MESA/Math & Science, May 1 – August 31, 2009, grant funded. 3. John Englehorn, $1000 flat rate, to provide lighting design for The Western Stage production of The American Clock, May 22 – June 5, 2009. 4. Diane Kelsy, $1000 flat rate, to provide wardrobe coordination for The Western Stage production of The American Clock, May 22, – June 28, 2009. 5. Leslie Lancaster, $1000 flat rate, to provide coordination of stage properties for The Western Stage production of The American Clock, May 17 – June 5, 2009. 6. Isela Villanueva, $1,440 flat rate, to fill 2009 season subscriptions orders and on-site sales for single tickets, The Western Stage, May 5 – May 31, 2009. G. Ratify appointment of student worker for spring and summer semesters 2009: 1. Maricela Aboytes, Human Resources/EEO, Student Worker. III. Special projects and stipends A. Ratify special project agreement payments: 1. Lawrence Adams, $260 flat rate, to present Digital Bridge Academy activities and program at the Math Academy Retreat for incorporation into the Math Academy program, April 24, 2009, grant funded. 2. Guy Agrati, $60.07/hr (not to exceed $180.21), to teach LVN students the NCLEX review course, Nursing Department, June 9 – 11, 2009. 3. Theresa Carbajal, $260 flat rate, to present counseling activities at the Math Academy Retreat for incorporation into the Math Academy program, April 24, 2009, grant funded. 4. Joseph DeRuosi, $2500 flat rate, to complete the 2009-2010 Tech Prep request for proposal to be submitted to the Chancellor’s Office, Career and Economic Development, April 11 – May 11, 2009, grant funded. 5. Clara Susan Anderson, $47.86/hr (not to exceed $1,435.80), to assist in learning lab for clinical nursing practice, Nursing Department, July 6 – 20, 2009. 6. Clara Susan Anderson, $47.86/hr (not to exceed $2,680.16), to plan, coordinate and provide the professional experience for the Summer Health Institute, Nursing Department, July 22 – August 31, 2009. 7. Ko Cooper, $8,000 flat rate, to facilitate the development of a state of the art Agricultural Mechanic facility at the Alisal Campus that meets or exceeds local industry and Community College standards, December 10, 2008 - June 4, 2009. AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 8. Mary Cousineau, $2,362.80, for facilitating 40 hours of inpatient clinical experience in the pediatric unit for 7 ADRN students, April 19 - May 3, 2009. 9. Fay Griffin, $780 flat rate, to assist in developing curriculum at the Math Academy Retreat, Math & Science Department, Apri1 24 – 25, 2009, grant funded. 10. Katherine Harris, $4500 flat rate, to create a lab manual for Bio 10, Math & Science, January 26 – June 4, 2009, grant funded. 11. Greg Perkins, $780 flat rate, to contribute to the development of Math Academy sessions, April 24 - 25, 2009, grant funded. 12. Ken Rand, $780 flat rate, to facilitate and coordinate a two-day Math Academy Retreat and coordinate and promote creative and innovative pedagogical techniques for entry level math students, April 24 - 25, 2009, grant funded. 13. Jim Riley, $780 flat rate, to facilitate and coordinate a two-day Math Academy Retreat and coordinate and promote creative and innovative pedagogical techniques for entry level math students, April 24 - 25, 2009, grant funded. 14. Soad Sedrak, $780 flat rate, to assist in developing curriculum at the Math Academy Retreat, Math & Science Department, Apri1 24 – 25, 2009, grant funded. 15. Sungtack Shin, $650 flat rate, to assist in developing curriculum at the Math Academy Retreat, Math & Science Department, Apri1 24 – 25, 2009, grant funded. 16. Stephanie Snell, $47.86/hr (not to exceed $1,435.80), to assist primary faculty in conducting nursing skills laboratory sessions/testing. Provide oversight for practice sessions; act as proctor for testing sessions, Nursing Department, January 28 - June 4, 2009. 17. Ben Tiscareno, $49.78/hr (not to exceed $1,393.84), special presenter for EGN 2, Career and Economic Development, March 11 – June 4, 2009. 18. Senorina Vasquez, $780 flat rate, to assist in developing curriculum at the Math Academy Retreat, Math & Science Department, Apri1 24 – 25, 2009, grant funded. 19. Joe Welch, $1,733.67 flat rate, to be a faculty liaison for the Mathematics, Engineering, and Science Achievement Program to promote the MESA program and provide instruction and access to industry opportunities, August 18, 2008 - June 4, 2009, grant funded. 20. Michael Wheeler, $49.78/hr (not to exceed $149.34), special presenter for EGN 2, Career and Economic Development, April 11 – May 11, 2009. 21. Ann Wright, $500 flat rate, to lead the curriculum development for a course in microbiology for food safety including participation on an external advisory committee, February 12 - June 4, 2009, grant funded. Budget Implications: Funds for the above personnel actions are included in the 2008/09 and tentative 2009/10 Budget. ACTION ITEMS AGENDA ITEM FOR BOARD MEETING OF: Title: Ratify Budget Revisions July 7, 2009 Number: VI. A. Area: Office of Support Operations Supplement OSO-2 Prepared by: Barbara Yesnosky Status: Action (Roll Call Vote) Recommendation That the Board of Trustees ratifies Budget Revisions numbered 8337 to 8406. Summary: The adopted budget each year represents the best estimate of revenue and expenditures. As the year progresses and actual amounts are known, budget changes must be made. Revisions to the adopted budget are subject to approval by the Board of Trustees. Budget revisions consist of transfers between major object expenditures or from the appropriations for contingencies, as well as budgetary increases for the use of funds not included in the original budget. All budget entry numbers are assigned automatically assuring a complete sequence accounting. Numeric breaks on the attached report are due to the exclusion of budget transfers, which do not require Board approval. The accompanying Budget Journal Entry Detail Report was produced directly from the accounting software. Budget Implications: The Unrestricted General Fund budget remains unchanged. The Restricted General Fund budget increased by $318,401 due to increased revenue to programs and/or to new programs. AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Number: Approve Discontinuance of the Electronics Technology Program VI. B. Area: Status: Superintendent/President Prepared by: Dr. Phoebe Helm Action Recommendation: The administration recommends that the Board of Trustees approve the discontinuance of the Electronics Technology Program and that the students (approximately 14) who were enrolled in electronics courses in 2008-2009, be provided an educational plan that would enable them to complete the required electronics courses on or before June, 2010. Summary: The Discontinuance Committee, appointed to review the Electronics Program, was composed of one student, two faculty, and two administrators. It was chaired by the Associate Vice President of Academic Affairs. The committee voted unanimously to recommend to the Superintendent/President that the Electronics program be discontinued. In addition to the program’s history of low enrollments, poor term to term retention of students, and lack of industry involvement, the committee based its recommendation on the following data: Labor Market Demand: The demand for electronics technicians began to disappear more than ten years ago. In fact, most community colleges discontinued their electronics programs in the mid or late 1990’s. Thus, neither the Associates Degree nor the Certificate Program at Hartnell appears to be viable in today’s job market. Neither do they lead to a viable career path or a transfer program. Number of Certificates and/or Degrees Awarded: Five students have graduated since 2003 (two in 2004, one in 2005, none in 2006, one in 2007, and one in 2008). The fourteen students who were enrolled in electronics course in 2008-2009 need to complete from one to four more courses in electronics. An educational plan will be provided to these students that will enable them to meet these needs on or before June, 2010. Resources Available: The program costs (full time faculty, benefits, supplies and equipment) have exceeded the revenues generated for the past five years or more. While the lack of job market and program viability are the primary reasons for the recommendation of the Superintendent/President, the fact that the general fund must be reduced by at least $3.3 million makes it even more prudent to discontinue the Electronics Technology Program. Budget Implications: Reduction of costs to the general fund of $75,000 to $100,000 annually, beginning in 20102011. AGENDA ITEM FOR BOARD MEETING OF: Title: July 7, 2009 Number: Approve Amendment to Resolution 09:6 and Resolution 09:7 VI. C. Area: Status: Superintendent/President Prepared by: Dr. Phoebe Helm Action (Roll-call) Recommendation: That the Board of Trustees approves an amendment to Resolution 09:6, Golden Handshake and 09:7, Early Retirement Incentive for Classified Employees of the Hartnell College District dated April 14, 2009, aligning the effective date of retirement and notification date of intent to retire. Summary: This action will align the retirement date to the recently amended notification date required for eligible employees’ participation in the program. The effective date of retirement under this program be adopted as on or before July 7, 2009. Budget Implications: None HARTNELL COMMUNITY COLLEGE DISTRICT Amendment #3 Resolution 09:6 and Resolution 09:7 To amend Resolution 09:6, Golden Handshake and Resolution 09:7, Early Retirement Incentive for Classified Employees of the Hartnell College District dated April 14, 2009 that all eligible employees’ effective date of retirement under this program be adopted as on or before July 7, 2009. Adopted on this 7th day of July 2009. AYES: NOES: ABSTENTIONS: ABSENT: __________________________________ Patricia Donohue, Board President __________________________________ Phoebe K. Helm, Secretary, Board of Trustees Superintendent/President INFORMATION ITEMS AGENDA ITEM FOR BOARD MEETING OF: July 7, 2009 Title: Review and Accept Financial Statements for Period Ending May 31, 2009 Number: Area: Office of Support Operations Supplement OSO-1 Prepared by: Barbara Yesnosky Status: Information VII. A. Recommendation: That the Board of Trustees receives and accepts the financial statements for the period ending May 31, 2009. Summary: Financial statements of District funds for the period ending May 31, 2009 are attached for information. Budget Implications: None. BOARD OF TRUSTEES Communication/Conference Reports FUTURE AGENDA ITEMS ADJOURNMENT