Agenda: Peralta Community College District Governing Board Regular Meeting –September 28, 2010
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PERALTA COMMUNITY COLLEGE DISTRICT
A Closed Session is scheduled at 5:00 P.M., September 28, 2010, Chancellor’s Conference Room, District Administrative Center, 333 East Eighth Street, Oakland, California. Topics to be discussed include:
Conference with Labor Negotiator Largent, Peralta Federation of Teachers, Local 39, and SEIU 1021 (Government Code § 54957.6)
Conference with Legal Counsel, Multiple Cases: (Government Code § 54956.9)
· Conference with Legal Counsel (54956.9(a)), J & J Acoustics, Inc. v. S.J. Amoroso and PCCD, Alameda County Superior Court Case No. RC08376707.
· Conference with Legal Counsel (54956.9(a)), Johnson v. PCCD, U.S. District Court, Northern District of CA Case No. C08-4152
· Conference with Legal Counsel (54956.9(a)), Payne v. PCCD, United States District Court, Case No. C08-03133.
· Conference with Legal Counsel (54956.9(a)), Martinez v. Regents of University of California, California Court of Appeal Case No. C054124.
· Conference with Legal Counsel (54956.9(a)), BANG v. PCCD, Alameda County Superior Court Case No. RG 09-480017.
· Conference with Legal Counsel (54956.9(a)), Performance Contracting, Inc. v. NBC General Contractors, Alameda County Superior Court Case No. RG 0949028
· Conference with Legal Counsel, Anticipated/Potential Litigation (54956.9(b)-(c)) (5 cases).
Conference with Real Property Negotiator (Government Code § 54956.8):
· Negotiator Ikharo, Henry J. Kaiser Auditorium, 10 Tenth Street, Oakland, California, 94607.
· Negotiator Ikharo, 1931-35 Addison Street, Berkeley, California, 94704 .
Public Employee Appointment – Employment, Performance, Evaluation, Discipline, Dismissal, Release – All Employees (Government Code § 54957 and BP 3.62 Temporary Assignments - Interim and Acting definitions).
· Consider Academic Appeal of Student Regina Bouzos-Brown.
REGULAR MEETING AGENDA
Regular Meeting of September 28, 2010, 7:00 P.M.,
Board Room, District Administration Center
333 East Eighth Street, Oakland, California
PLEASE NOTE
Members of the public may address the Board on any item within the Board’s jurisdiction. Cards which must be completed to request to address the Board, and a summary of Board rules concerning communications from the public, are available from the Board Clerk at the meetings. Persons addressing items included on the agenda will be heard at the time the item is considered. Persons requesting to address items or subjects which are not on this agenda will be heard under the agenda item “Communications from Members of the Public.”
CALL TO ORDER: Time:______
PLEDGE OF ALLEGIANCE 7:00 P.M.
ROLL CALL Trustees González Yuen Pr_ Ab_ Gulassa Pr Ab _ Handy Pr_ Ab_ Hodge Pr_ Ab_ Riley Pr Ab_ Withrow Pr_ Ab and Guillén Pr_ Ab_, Student Trustees Davis Pr_ Ab_ and Storm Pr_ Ab_. 7:00 P.M.
The Regular Meeting of the Board of Trustees will commence at 7:00 P.M. in the Boardroom, District Administrative Center, 333 East Eighth Street, Oakland, at which time the Board Roll Call will be taken. Immediately following the Board Roll Call at 5:00 P.M., the Board will enter Closed Session. The Regular Meeting in Open Session will convene at 7:00 P.M. The first item of business upon convening in open session after the Pledge of Allegiance will be to report on Closed Session actions, if any, or to announce that Closed Session is in recess. Listed agenda times are estimates.
REPORT OF CLOSED SESSION ACTIONS 7:01 P.M.
APPROVAL OF THE AGENDA 7:02 P.M.
(Please state the agenda item number and identify the issue.)
As a matter of policy (Board Policy 1.10), no action shall be taken on any item not identified as an “action item.”
ASSOCIATED STUDENT GOVERNMENT REPRESENTATIVES REPORT 7:03 P.M.
At this time in the meeting, representatives of the associated student governments will be afforded an opportunity to address the Board. (Please provide your name and position, and line-up to speak.)
COMMUNICATIONS FROM MEMBERS OF THE PUBLIC 7:10 P.M. (Please line-up to speak when your name is called.) This portion of the agenda provides an opportunity for members of the public to address the Board on matters not included on this agenda. A maximum of 15 minutes (3 minutes per individual maximum) will be provided for speakers under this agenda item. Requests to speak which cannot be honored within the time limit will be scheduled for subsequent meetings in the order received. Under the Brown Act, Trustees and District staff are not allowed to discuss and/or take formal action at today’s meeting on items brought before them under this item. Trustees and District staff are only allowed to respond briefly. Persons submitting cards to address an item included on the agenda will be called upon at the time the agenda item is considered by the Board, and comments on tangential issues not directly related to the item may be ruled out of order. Cards must be received prior to the Board’s consideration of the item and are honored in the order the cards are received by the recording secretary. Written statements can be submitted to the Board Clerk for inclusion in the Board minutes.
IDENTIFICATION OF ITEMS TO BE REMOVED FROM THE CONSENT CALENDAR FOR DEBATE 7:25 P.M.
(Please state the agenda item number and identify the issue.)
IDENTIFICATION OF ITEMS TO REMAIN ON THE CONSENT CALENDAR AND PULLED FOR DISCUSSION 7:28 P.M.
(Please state the agenda item number and identify the issue.)
PRESENTATIONS 7:30 P.M.
1. Presentation of the Peralta Association of Chicano/Latinos de Aztlan Scholarships Presenters: PACLA members and the Peralta Foundation (5 minutes)
Presentation of the Peralta Association of Chicano/Latinos de Aztlan Scholarships to:
Brenda Ruelas, Jaime Campos, Benjamin Ortiz, Francisco Martinez, and Anyiney Peralta.
ACTION ITEMS
INFORMATIONAL ITEMS AND ORAL REPORTS 7:35 P.M.
2. CHANCELLOR
Chancellor’s Report
EasyPass, Student Health Fee, and Health Services Initiative Update
Presenter: Chancellor Allen
Vice Chancellors’ Reports
Budget Report Presenter: Vice Chancellor Gerhard
Enrollment Update, Financial Aid, FTES Trends
Presenter: Vice Chancellor Budd
Distribution of Technology Master Plan The plan will be distributed for informational purposes, with a presentation at the next Board meeting. Presenter: Associate Vice Chancellor Lam
College Reports
Merritt College Presenter: President Adams
Laney College Presenter: President Webb
College of Alameda Presenter: President Jackson
Berkeley City College Presenter: President Inclan
COMMENTS FROM THE BOARD OF TRUSTEES (1 minute per speaker)
(Please announce any upcoming Board committee meetings and give any Board committee reports.)
DAS PRESIDENT REPORT (2 minutes) Presenter: DAS President van Putten
CONSENT CALENDAR (FOR ACTON) 8:10 P.M.
All action items are to be considered to be a part of a consent calendar. Trustees are given the opportunity to pull specific items off of the consent calendar for discussion and action. All items that have not been pulled by a Trustee will be considered in a block for comments by the public and action by the Board. All Board recommended contracts are subject to negotiation and execution by the Chancellor. Items pulled for Debate by the Trustees will be addressed later in the meeting, at approximately 8:00 p.m. Meeting times are estimates.
3. Consider Review and Acceptance of the Peralta Community College District Recovery Plan and the Corrective Action Matrix Chancellor Allen
Consider review and acceptance of the Peralta Community College District Recovery Plan and the Corrective Action Matrix. The Chancellor recommends approval.
4. Consider Approval of Dream Act Resolution 10/11-24 Presenter: Trustee Guillén
Consider approval of the Dream Act Resolution 10/11-24. The Chancellor recommends approval.
5. Consider Approval of a Proclamation in Memory of Felix Elizalde Presenter: Trustee Guillén
Consider approval of a proclamation in memory of Felix Elizalde, member of the Alameda County Board of Education and long-time Peralta Community College District employee. The Chancellor recommends approval.
6. Consider Approval of a Proclamation in Honor of Hispanic Heritage Month Presenter: Trustee Guillén
Consider approval of a proclamation in honor of Hispanic Heritage Month . The Chancellor recommends approval.
7. Consider Ratification of the Chancellor’s Decision to Terminate Contract with Pineapple Group, LLC. Presenter: Vice Chancellor Allen
Consider ratification of the Chancellor’s decision to terminate contract with the Pineapple Group, LLC. On September 15, 2010, an internet blog posting claimed “possible violations of the state’s open-meetings law” regarding e-mail communications among Board members about the contract extension and termination of Pineapple Group, LLP. The Board clarifies that the decision to terminate the contract is within the jurisdiction of the Chancellor. Nevertheless, the Board ratifies the termination by vote at this meeting, and cures any possible Brown Act violation that may have occurred. The Chancellor recommends approval.
8. Consider Approval of Resolution 10/11-27 Excusing Trustee Absence Presenter: Trustee Guillén
Consider approval of Resolution 10-11/27, excusing Trustee Handy’s absence from the September 14, 2010 Board meeting due to her attendance at the Congressional Black Caucus on behalf of the District business. The Chancellor recommends approval.
9. Consider Approval of Marstel Day for Redistricting Consultation Work Presenter: Trustee Riley
Consider approval of Marstel Day who ranked 1st among four firms. This vendor comes to the Board with recommendation of the Board Redistricting Committee. The contract amount shall not exceed $42,670.00. All Board recommended contracts are subject to negotiation and execution by the Chancellor. The Chancellor recommends approval.
Firm / Avg. RankingMarstel-Day, LLC / 1
Lapkoff & Gobalet Demographic Research, Inc. / 2.67
Thomas M. Griffin, Law Offices / EdTec Inc. / 2.67
Atkinson, Andelson, Loya, Ruud & Romo / 4
10. Consider Approval of Board Policy 2.20, Establishment of Board Policy (revised) Presenter: Trustee Gulassa
Consider approval of Board Policy 2.20, Establishment of Board Policy (revised). This revision comes to the full Board upon the approval and recommendation of the Board Policy Review Committee. This is a first reading of two necessary at the Board level, and the item will return to the next Board meeting for final adoption. The Chancellor recommends approval.
11. Consider Approval of Board Policy 2.23, Role of Academic Senates in District and College Governance (revised) Presenter: Trustee Gulassa
Consider approval of Board Policy 2.23, Role of Academic Senates in District and College Governance (revised). This revision comes to the full Board upon the approval and recommendation of the Board Policy Review Committee. This is a first reading of two necessary at the Board level, and the item will return to the next Board meeting for final adoption. The Chancellor recommends approval.
12. Consider Approval of Resolution 10/11-25 Clarification and Reinforcement of Board Positions Presenter: Trustee Withrow
Consider approval of Resolution 10/11-25, Clarification and Reinforcement of Board Positions.
13. Consider Approval the First Amendment to the Master Agreement between Peralta Community College District and Peralta Colleges Foundation, an auxiliary to the PCCD
Presenters: Peralta Colleges Foundation President Friedman and Executive Director Casenza
The Master Agreement has been amended to reflect staffing and operational changes within the Foundation and the way in which the PCCD will support the Foundation during the next three years as it becomes more self-sufficient. The support noted in the First Amendment includes amounts not to exceed $100,000 per year for fiscal years 2010-11 and 2011-12 and $50,000 in fiscal year 2012-13 to assist in the Foundation’s operations. Other support includes office space in a renovated trailer, telephones, and IT support, for which the Foundation is very grateful. Under the previous Chancellor’s leadership, most of the staffing and operational expenses were absorbed through the Chancellor’s Office budget. This included a full-time administrative assistant, 50 percent of a staff assistant’s time, and about one-third of Associate Vice Chancellor Alton Jelks’s time. In addition, an accounting technician from the Finance Department assisted with preparation of the Foundation’s financial reports, estimated at 30 percent of his time. Salaries and benefits for these various individuals exceeded $300,000 per year. Last winter, steps were taken by the Peralta Colleges Foundation Board of Directors and the sitting Chancellor to ensure that the Foundation would continue to operate after the Chancellor, administrative assistant, and Mr. Jelks retired. Foundation operations moved out of the Chancellor’s office into a space of its own, and the Board of Directors used uncommitted funds to hire a professional, full-time executive director, an administrative assistant, and a part-time bookkeeper/accountant, the latter position eliminating the need for the Finance Department employee time. Again, this saves PCCD more than $300,000 in salaries and benefits for FY 2010-11 alone. According to the Network of California Community College Foundations, roughly 59 percent of its membership is classified as an auxiliary organization, meaning the foundations receive financial support (e.g., salaries, office space, and basic operational needs), have a Master Agreement with their community college or district, and also have at least one trustee on their foundation Board of Directors. Thus, PCCD is consistent with the majority of its peer institutions that have functional foundations. The most successful community college foundations have full-time executive directors and staff, which the Peralta Colleges Foundation wanted to follow. Funding Source: General Funds. California community college districts with outstanding reputations have well-established and effective foundations that engage alumni and the community in advancing the mission and vision of the district. A short-term investment in the Foundation will provide long-term benefits to the students, faculty, and staff of PCCD by focusing on student achievement and faculty excellence, areas long overlooked by community leaders. A high-performing foundation can help more students pursue their educational aspirations while assisting the District in its role as a community leader and assuming responsibility for ambitious projects, such as the proposed Henry J. Kaiser Convention Center, that can advance the mission of PCCD. All Board recommended contracts are subject to negotiation and execution by the Chancellor. The Chancellor recommends approval.
14. Public Hearing and Adoption of Resolution 10/11-17, 2010-2011 Final BudgetPresenter: Vice Chancellor Gerhard