Board of Trustees Meeting August 26, 2008 Minutes A. Closed Session 1. Call to Order, Roll Call, Adoption of Agenda, Closed Session Board President Hayashino called the meeting of the Board of Trustees of the Marin Community College District to order at 4:35 p.m. in AS101 at the Indian Valley campus. All publicly elected Trustees were present except Trustee Namnath, who arrived at 4:40 p.m., Trustee Dolan, who arrived at 4:43 p.m., and Trustee Treanor, who arrived at 5:04 p.m. Dr. Frances White, Al Harrison, Anita Martinez, Linda Beam, and Larry Frierson were also in attendance. M/s (Kranenburg/Long) to adopt the agenda with the deletion of B.4.a.2, Resolution Endorsing the SMART Ballot Measure. The motion passed unanimously. There was no one present who wished to address the Board on the items listed to be discussed in closed session, and the Board went into closed session. The closed session recessed at 6:32 p.m. B. Regular Meeting 1. Call to Order, Roll Call and Adoption of Agenda The meeting of the Board of Trustees of the Marin Community College District was reconvened in open session at 6:45 p.m. in Ohlone 106 on the Indian Valley campus by Board President Hayashino. She announced that the meeting was being recorded to facilitate the preparation of minutes. All publicly elected Trustees were present except Trustee Dolan, who arrived at 6:46 p.m. Student Trustee McCleary was in attendance. Board President Hayashino announced that the agenda was adopted in closed session with one change: the Resolution Endorsing the SMART Ballot Measure was pulled. 2. Approval of Minutes and Report of Closed Session M/s (Long/Namnath) to approve the minutes of the July 22, 2008 Board meeting. The motion passed unanimously (7-0) plus an advisory aye vote by Student Trustee McCleary. 1 Trustee Long reported that the Board had met in closed session earlier that afternoon on the items listed on the agenda and that no action was taken. 3. Citizens’ Requests to Address the Board on Non-Agenda Items None 4. Board Reports and/or Requests a. Commendation Resolutions and Other Resolutions 1. Resolution in Support of Constitution Day Reading of the resolution was waived. M/s (Treanor/Kranenburg) to approve Resolution in Support of Constitution Day. The motion passed by a unanimous roll call vote (7-0) plus an advisory aye vote by Student Trustee McCleary. b. Legislative Report. Trustee Paterson reported that the state budget stalemate continues. President White reported that she is in touch with Jared Huffman’s office regarding the status of SB 588 and his support of that bill. c. Committee Chair Reports Board President Hayashino appointed Trustees Treanor and Paterson to co-chair the Harry Moore Sustainability Fund Committee. d. Individual Reports and/or Requests Trustee Long gave Vice President Martinez a Santa Rosa Junior College catalog which she received in the mail to review. She also shared a USA Today article on community colleges with the Board. Trustee Treanor announced that Marian Edelman Wright will be speaking at Dominican University on October 24 at 7:30 as part of the Marin Education Fund’s Equity in Education Week. She reported that President White and the President of Sonoma State University have agreed to serve on the Honorary Committee for the Marin Education Fund’s annual gala on May 7, 2009, and suggested that COM sponsor a table for that event. Board President Hayashino stated that she heard that the students had a very successful orientation for new students and thanked Student Trustee McCleary for his efforts in organizing this event. e. 5. WASC Report Status President White pointed out information in the Board members’ packets regarding our efforts to ensure that program review continues, to update our Educational Master Plan, and to keep up with student learning outcome requirements. She noted that we are planning to send a report to the Accrediting Commission in April. Chief Executive Officer’s Report Dr. White called the Board’s attention to her report in their packets. Modernization Director Chernock reported that she met with Moira Firmin, President of August 26, 2008 Board Minutes 2 the Land Sustainability Club, and has scheduled a meeting on September 4 with 14 faculty, staff and students to discuss the Land Sustainability Club’s request at the last Board meeting for space on the Kentfield campus to continue their activities once construction starts in that area. a. Staff Reports 1) Enrollment Update Vice President Martinez distributed and discussed an enrollment report generated by Melody Creel (copy attached). She noted that as of August 25 credit student enrollment from fall 2007 to fall 2008 is up slightly at Kentfield and is up 19% at IVC. She reported that we have established a 17 student class size minimum and that we are keeping some classes with fewer than 17 students on a case by case basis. The minimum class size will increase to 20 students next semester. Vice President Martinez will bring back more enrollment information at the next meeting, including data on non-credit student enrollment. 6. Academic Senate Report Yolanda Bellisimo, President of the Academic Senate, commented on a number of issues that the Academic Senate will be working on during the fall semester: the re-seating of the Employee Development Committee, screening and appointing two SLO/Program Review Facilitators, two MOU’s, distance education policy and procedures, and Gold Book policies and procedures. A copy of Ms. Bellisimo’s statement is attached to the minutes as part of the official record. 7. Classified Senate Report No report 8. Student Senate and Student Association Report No report 9. Board Study Session a) 2008/09 Adoption Budget Al Harrison, Vice President of Operations, pointed out modifications made to the final 2008/09 budget since the tentative budget was presented in June. There are minor changes in the final 08/09 budget as a result of closing the books. In addition, Vice President Harrison commented on changes to the 07/08 budget. Some expenditures in the 07/08 budget turned out to be less than anticipated. Vice President Harrison was pleased to report that we were able to implement the Board guideline on contributions to our unfunded liability. He also reported that approximately $400,000 of the UPM arbitration settlement was accrued in our 06/07 budget and this had a positive effect on our 07/08 budget. The ending fund balance for 07/08 is 10.5% and the projected ending fund balance for 08/09 is 7.5%. Vice President Harrison explained that the Request for Authorization for Temporary Transfer of Funds from the County of Marin agenda item is a backup plan to give us the ability to borrow $3 million from the county if there is a delay in receiving money from the state due to the budget stalemate. August 26, 2008 Board Minutes 3 b) c) 10. Fiscally Accountable Request Vice President Harrison explained that we made a request last year for fiscally accountable status from the County and then withdrew our application due to pressures centered around the accreditation process. With Board approval we will submit the required documentation to the County again. GANN Appropriations Limit Vice President Harrison explained that this agenda item is required to be presented to the Board for approval on an annual basis. He stated that we are within our annual GANN appropriations limit. Consent Calendar Items With the exception of 10.I.1 and 2 which will be reconsidered at the next meeting, m/s (Long/Treanor) to approve all items on the Consent Calendar. The motion passed with a unanimous roll call vote (7-0) plus an advisory aye vote by Student Trustee McCleary. A. Calendar of Upcoming Meetings Board Retreat – September 17, 2008 – 9:00 a.m. to 2:00 p.m. Bank of Marin Conference Room, 1101-4th St., San Rafael B. Classified Personnel Recommendations. Approve the Classified Personnel Recommendations: 1. Permanent Reassignment of Classified Personnel C. 2. Appointment of Hourly Personnel 3. Temporary Increase/Decrease in Assignment/Salary for 4. Classified Personnel Resignation/Retirement of Classified Personnel Classified Management Personnel Recommendation. Approve the Classified Management Personnel Recommendation. D. Academic Personnel Recommendations. Approve the Academic Personnel Recommendations. 1. Resignation of Academic Personnel 2. Sabbatical Leave Replacement 3. Appointment and/or Change of Academic Personnel E. Short-Term Hourly Positions F. Budget Transfers – Month of July - FY 2008/09 G. H. Warrant Approval Declaration of Surplus Property – Miscellaneous Equipment I. Approval of Revised Board Policies 1. BP 6100: Delegation of Authority 2. BP 6150: Designation of Authorized Signatures 3. BP 6320: Investment August 26, 2008 Board Minutes 4 4. BP 6400: Audits 5. BP 6530: District Vehicles 6. BP 6740 Citizens Bond Oversight Committee J. Modernization (Measure C) 1. Ratify Professional Services Contract Amendments Less Than $30,000 or Credits a. Various Projects, Professional Service Contract Amendments 1) Austin Science Center Roof Repairs Project (#850E) Design Services McGinnis Chen Associates – Amendment 4 Credit ($1,750) 2) District CEQA Consultant (#810A) Initial Study (EIR) Services for SMCP & FA/PA Projects Amy Skewes-Cox – Amendment 9 ($0) – Time Extension Only 3) DSPS Relocation Project (#850L) Design Services Transitions – Amendment 2 ($1,500) 4) Ignacio Creek Erosion Mitigation Project (#419A) Construction Administration Services CSW/Stuber-Stroeh – Amendment 21 ($25,000) 11. Other Action Items A. Public Hearing on 2008/09 Adoption Budget Board President Hayashino declared a public hearing on the 2008/09 budget. There were no comments from the public and Board President Hayashino declared the hearing closed. B. M/s (Treanor/Long) to Approve 2008/09 Adoption Budget. The motion passed unanimously (7-0) plus an advisory vote by Student Trustee C. McCleary. M/s (Dolan/Paterson) to Approve Resolution Establishing GANN Appropriations Limit for 2008/09. The motion passed by a unanimous roll call vote of 7-0 plus an advisory aye vote by Student Trustee D. McCleary. M/s (Kranenburg/Treanor) to Authorize Staff to Apply for Fiscally Accountable Status. The motion passed unanimously (7-0) plus an advisory aye vote by Student Trustee McCleary. August 26, 2008 Board Minutes 5 E. M/s (Dolan/Treanor) to Approve Resolution Authorizing Temporary Transfer of Funds from County of Marin. The motion passed by a unanimous roll call vote (7-0) plus an advisory aye vote by Student F. Trustee McCleary. M/s (Treanor/Paterson) to Approve Agreement with SunGard Higher Education for Information Technology Professional Services. The motion passed unanimously (7-0) plus an advisory aye vote by Student G. Trustee McCleary. M/s (Kranenburg/Long) to Approve P.O. to Purchase Microscopes for Biology & Geology Programs. The motion passed unanimously (7-0) plus an advisory aye vote by Student Trustee McCleary. H. M/s (Paterson/Treanor) to Approve Authorization to Bid for Learning Resource Center Carpet and Paint Projects. The motion passed I. unanimously (7-0) plus an advisory aye vote by Student Trustee McCleary. Modernization (Measure C) 1. Special Approvals a. Districtwide M/s (Treanor/Kranenburg) to Approve Annual Renewal for Paragon Software Hosting & Support Services ($50,000). The motion passed unanimously (7-0) plus an advisory aye vote by Student 2. Trustee McCleary. Approve New Professional Services Consultant Agreements a. M/s (Paterson/Treanor) to Approve Various Projects – Kentfield & Indian Valley Campuses Archeological & Environmental Monitoring LSA Associates, Inc. ($58,700) – Amendment 2. The motion unanimously (7-0) plus an advisory aye vote by Student Trustee b. McCleary. M/s (Kranenburg/Long) to Approve SMCP Increment No. 1 - Site Development Utilities Project (#305C) Main Building Complex Project (#417A) DSA Inspector Services (part-time) Ballard and Watkins Construction Services ($452,005) Agreement. The motion passed unanimously (7-0) plus an advisory aye vote by Student Trustee McCleary. 3. Award Construction Contracts a. M/s (Kranenburg/Long) to Approve SMCP Increment No. 1 – Site Development Utilities Project (#305C) August 26, 2008 Board Minutes 6 Dick Emard Electric, Inc. ($2,820,000) Construction Contract. The motion passed unanimously (7-0) plus an advisory aye vote by Student Trustee McCleary. b. M/s (Treanor/Namnath) to Approve DSPS Relocation Project (#850L) – Hannibal’s Inc. Electrical Construction ($40,692) Contract. The motion passed unanimously (7-0) plus an advisory aye vote by Student Trustee McCleary. 4. Approve Construction Change Orders a. M/s (Namnath/Treanor) to Approve West Campus Utility Extension Project (#407D) Di Giorgio Contracting Company, Inc. – Change Order 1 ($18,360). The motion passed unanimously (7-0) plus an advisory b. aye vote by Student Trustee McCleary. M/s (Namnath/Paterson) to Approve Diamond PE Center Alterations Project (#308B) Alten Construction, Inc. – Change Order 3 (-$5,390) credit. The motion passed unanimously (7-0) plus an advisory aye vote by J. Student Trustee McCleary. M/s (Treanor/Dolan) to Approve Memorandum of Understanding for Partnership Agreements for the Marin Simulation Center – Marin General Hospital. The motion passed unanimously (7-0) plus an advisory K. aye vote by Student Trustee McCleary. M/s (Treanor/Dolan) to Approve Resolution Granting Authorization to Sign on Behalf of the Governing Board. The motion passed unanimously (7-0) plus an advisory aye vote by Student Trustee McCleary. Board President Hayashino asked Board members to review future Board action items and information items. 12. August 26, 2008 Board Minutes Items for Possible Future Board Action A. Textbook Cost Containment (October) B. Marin Conservation Corps Memorandum of Understanding for C. Indian Valley Organic Farm and Garden (September) COM/MTA Agreement D. Bolinas Lab Recommendations (November) E. Revised Board Policies F. 1. BP 2710: Conflict of Interest Novato Community Hospital EMT Experience Agreement G. Marin General Hospital EMT Experience Agreement 7 H. 13. California Pacific Nursing Experience Agreement Information Items (5 minutes) A. Contracts and Agreement for Services Report – July, 2008 B. Claim Settlement C. Modernization Update 1. Director’s Report 2. Sustainability Report 3. Bar Schedule with Spent to Date Through July 2008 4. Contract Milestone Report Through July 2008 D. Calendar of Special Events MAS/MCSBA Kick Off, September 17, 5:30 to 7:30 p.m., San Rafael Joe’s Marin Economic Commission Tenth Annual Awards of Excellence Luncheon, November 14, 11:30 a.m., Embassy Suites, San Rafael CCLC Conference, November 20-22, Anaheim Hilton 14. Correspondence Board members were asked to review their correspondence packets. 15. Board Meeting Evaluation 16. Adjournment M/s (Treanor/Long) to adjourn the meeting. The motion was approved unanimously (7-0) plus an advisory aye vote by Student Trustee McCleary and the meeting was adjourned at 7:48 p.m. by Board President Hayashino. August 26, 2008 Board Minutes 8