Board of Trustees Meeting Agenda January 20, 2009 Deedy Staff Lounge, Kentfield Campus The Board shall act on posted items and shall not deliberate items that are not on the posted agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to access the Board meeting room or to otherwise participate at this meeting, including auxiliary aids or services, please contact Bob Balestreri at 485-9414. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to the Board meeting. If you wish to speak, complete card available at entrance, give card to recording secretary, get recognition from the Chair. Persons desiring to address the Board on items not on the agenda may speak under item number “B.3” on the agenda. Public comment presentations will be limited to no more than 3 minutes each. Government Code §54957.5 states that public records which relate to any item on the open session agenda for a regular Board meeting should be made available for public inspection. Those records that are distributed less than 72 hours prior to the meeting are available for public inspection at the same time they are distributed to all members, or a majority of the members of the Board. The Board has designated the Office of the Superintendent/President at 835 College Avenue, Administrative Center 123, Kentfield for the purpose of making those public records available for inspection. A Closed Session – 4:30 p.m. in SS A&B, Kentfield Campus 1. 2. Call to Order, Roll Call and Adoption of Agenda a) Request for Public Comment on Closed Session Agenda Closed Session: To consider and/or take action upon any of the following items: (a) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Relative to the following organizations representing employees: United Professors of Marin (AFT/UPM), California School Employees Association (CSEA), Service Employees International Union (SEIU), Unrepresented Employees (Confidential, Supervisors, Managers) Agency Negotiator: Larry Frierson (b) Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-Potential & Existing Litigation Six cases – MCCD Board of Trustees Meeting Agenda January 20, 2009 Complaint filed by Ms. Mize-Kurzman under Education Code 87164 1 Mize-Kurzman vs. MCCD (Marin Superior Court) UPM/T. Fung, P. Christensen vs. MCCD Grievance UPM/D. Rollison vs. MCCD Grievance/Arbitration UPM/Christensen vs. MCCD Arbitration UPM/D. Martin, G. Hritz, B. Wilson, R. Pagani vs. MCCD Grievance (c) PUBLIC EMPLOYEE DISCIPLINE/DISCUSSION/DISMISSAL/RELEASE/SEPARATION 3. Recess to Open Session REGULAR MEETING AGENDA 6:30 p.m. – Deedy Staff Lounge, Kentfield Campus ______________________________________________________________________________________ B. Reconvene to Regular Meeting 1. Call to Order, Roll Call and Adoption of Agenda 2. Approval of Minutes (4 minutes) 3. Minutes of December 9, 2008 Board Meeting Report of Closed Session for January 20, 2009 Citizens’ Requests to Address the Board on Non-Agenda Items (3 minutes) 4. Board Reports and/or Requests (15 minutes) a. Commendation Resolutions and Other Resolutions None b. Legislative Report c. Committee Chair Reports d. Individual Reports and/or Requests e. WASC Report Status 5. Chief Executive Officer’s Report (5 minutes) a. Staff Reports (10 minutes) 1. Update Report on Fiscal Independent Status (Thomas Henry) 2. Enrollment Update (Nick Chang) 3. Budget Update (Al Harrison) Academic Senate Report (5 minutes) Classified Senate Report (5 minutes) Student Senate and Student Association Report (5 minutes) Board Study Session None 6. 7. 8. 9. MCCD Board of Trustees Meeting Agenda January 20, 2009 2 10. Consent Calendar Items (Roll Call Vote) (10 minutes) The Superintendent/President recommends that the Board of Trustees approve the following Consent Calendar Items: A. Calendar of Upcoming Meetings Board Retreat, February 6, 2009 – 8:00 a.m. to 5:30 p.m. Marin Community Foundation – Oak Room 5 Hamilton Landing, Suite 200, Novato B. C. D. E. F. G. H. I. MCCD Board of Trustees Meeting Agenda January 20, 2009 Classified Personnel Recommendations. Approve the Classified Personnel Recommendations: 1. Appointment of Classified Personnel 2. Appointment of Hourly Personnel 3. Resignation of Classified Personnel Academic Personnel Recommendations 1. Appointment/Change of Academic Personnel 2. Sabbatical Leave Replacement Educational Management Personnel Recommendations 1. Appointment and/or Change of Educational Management Personnel Short-Term Hourly Positions Budget Transfers – Month of December - FY 2008/09 Warrant Approval Declaration of Surplus Property – Miscellaneous Equipment Modernization (Measure C) 1. Ratify Construction Contracts for Various Projects a. West Campus Bridge Project (#301A) Ghilotti Construction Company, Inc. ($743,000) b. Health Services Portable Project (#850G) Fort Bragg Electric, Inc. ($319,670) c. Building Signage Phase 1 (#812A) VKK Signmakers, Inc. ($108,177) d. SMCP Increment No. 1 – Site Development Utilities Project (#305C) Able Fence Co., Inc. ($14,530) e. DSPS Relocation Project (#850L) Floor Tec, Inc. ($2,000) f. Transportation Tech Relocation Project (#850H) Ahlborn Fence and Steel, Inc. ($2,834) g. West Campus Utility Extension Project (#407D) 3 Bay Pacific Pipelines, Inc. ($12,255) h. Transportation Tech Relocation Project (#850H) & Shade & Greenhouse Structures Project (#850C) Bay Pacific Pipelines, Inc. ($6,723) i. Dance Relocation Project (#850N) Gugel/Today Painting & Decorating ($3,168) Brumbaugh Enterprises dba Electrix ($3,700) 2. Ratify Professional Services Contract Amendments a. Geothermal Fields Kentfield & IVC Projects (#305B & #417B) & SMCP Increment No. 1 – Site Development Utilities Project (#305C) Testing and Inspection Services Kleinfelder, Inc – Amendment #4 (credit) (-$10,828) b. Diamond PE Center Alterations Project (#308B) & PE Complex PV Project (#308D) Testing and Inspection Services Kleinfelder, Inc. – Amendment #1 ($0) – no cost c. SMCP Increment No. 1 – Site Development Utilities Project (#305C) Underground Utility Locating GeoTech Utility Locating, LLC – Amendment #3 ($585) d. PE Complex Portables Project (#850F) DSA Inspector Services Pete Hull Construction Consulting – Amendment #2 ($0) – no cost e. Dance Relocation Project (#850N) Moving Services Crown Worldwide Moving & Storage, Inc. – Amendment #3 ($1,210) f. Diamond PE Center Alterations Project (#308B) Architectural Design and Construction Administration Services Kwan Henmi Architecture/Planning – Amendment #2 ($107,410) g. Fine Arts Building Project (#306C) Testing and Inspection Services LSA Associates, Inc. – Amendment #3 ($9,500) J. Approve Revised Board Policies 1. BP 3570 – Environmental Tobacco Smoke Control 2. BP 6340 – Contracts 3. BP 6500 – Property Management 4. BP 6560 – Environmental Responsibility 5. BP 6570 – Integrated Pest Management 6. BP 6600 – Capital Construction MCCD Board of Trustees Meeting Agenda January 20, 2009 4 7. BP 6750 – Parking 11. Other Action Items (10 minutes) The Superintendent/President recommends that the Board of Trustees approve the following Action Items: A. B. C. D. E. F. G. H. Approve Memorandum of Understanding Between Sonoma County Junior College District and Marin Community College District Regarding Community Collaborative Partnership in Digital Media/Multimedia, Arts and Entertainment Career Pathway Approve Non-Resident Tuition Fees Approve Resolution Authorizing Issuance of Election of 2004 General Obligation Bonds, Series B Approve Authorization to Bid for Pavement Repairs – Harlan Center, Administrative Center and Business Center, Kentfield Approve Notice of Completion: Learning Resource Center Paint Project Approve Notice of Completion: Learning Resource Center Relocation Project Approve Resolution to Adopt a Written Plan for the 403(b) Tax Deferred Annuity Program Modernization (Measure C) 1. Approve New Professional Services Consultant Agreements a. Building Projects (5) on Kentfield and Indian Valley Campuses Owner Project Requirements (OPR) Services Davis Langdon ($21,500) b. Diamond PE Center Alterations Project (#308B) Design Support Services Davis Langdon ($14,000) 2. Authorization to Proceed with Project Initiation a. Gateway Complex Project (#303B) 3. Authorize Bidding a. Fine Arts Building Project (#306C) 4. Approve Construction Change Orders a. Ignacio Creek Erosion Mitigation Project (#419A) Bay Pacific Pipelines, Inc. – Change Order #2 ($2,750) b. DSPS Relocation Project (#850L) Hannibal’s Inc. Electrical Construction – Change Order #3 ($5,296) & Board Resolution for Approval of Change Order #3 c. West Campus Utility Extension Project (#407D) MCCD Board of Trustees Meeting Agenda January 20, 2009 5 Di Giorgio Contracting Company, Inc. – Change Order #5 ($1,591) d. Transportation Technology Complex Project (#402A) Alten Construction, Inc. – Change Order #1 ($52,371) e. Diamond PE Center Alterations Project (#308B) Alten Construction, Inc. - Change Order #8 ($183,367) f. Health Services Portable Project (#850G) Fort Bragg Electric, Inc. – Change Order #1 ($670) g. SMCP Increment No. 1 – Site Development Utilities Project (#305C) Dick Emard Electric, Inc. dba Emard Engineering – Change Order #1 ($42,088) 5. Special Approvals a. Board Resolution Adopting the Final Mitigated Negative Declaration for the Science/Math/Central Plant and Fine/Performing Arts Buildings, College of Marin, Kentfield Campus Exhibit A – Initial Study for SMCP and Fine/Performing Arts Buildings Exhibit B – December 4, 2008 Memorandum, Response to Comments on Initial Study Exhibit C – Mitigation Monitoring and Reporting Program (MMRP) I. Approve Sabbatical Leave Application J. Ratify 2007-2008/2008-2009 Collective Bargaining Agreement Between the District and California School Employees Association, Local 196 K. Approve Notice of Completion: Learning Resource Center Carpet Project 12. Items for Possible Future Board Action (5 minutes) A. Lease with Ross School District (February) B. Budget and Planning Calendar Update (February) C. Unfunded Liability (March) D. Revised Board Policies (February) 13. Information Items (5 minutes) A. Contracts and Agreement for Services Report – December, 2008 B. Modernization Update 1. Director’s Report 2. Sustainability Report 3. Master Schedule with Spent to Date through December 2008 MCCD Board of Trustees Meeting Agenda January 20, 2009 6 4. Contract Milestone Report through December 2008 5. Quarterly Progress Report – July 1, 2008 through September 30, 2008 6. Emissions Inventory Report C. Calendar of Special Events Effective Trustee Workshop, January 25-26, 2009, Sheraton Grand, Sacramento, California Bay 10 Meeting of CEO’s and Trustees, February 4, 2009, 4:00 to 6:30 p.m., Norseman Restaurant, Diablo Valley College, 321 Golf Club Road, Pleasant Hill Marin Superintendents and Trustees/Marin County Council of Mayors and Council Members Meeting – March 25, 2009, 5:30 p.m., Servino’s Restaurant, 9 Main Street, Tiburon President’s Breakfast – May 6, 2009, 7:30 a.m., Embassy Suites, 101 McInnis Parkway, San Rafael Commencement – May 23, 2009, 10:00 a.m., Kentfield Campus Lawn 14. Correspondence Correspondence in Board Packets 15. Board Meeting Evaluation 16. Adjournment MCCD Board of Trustees Meeting Agenda January 20, 2009 7