Minutes of the Governing Board Meeting January 27, 2009 San José/Evergreen Community College District A. CALL MEETING TO ORDER Trustee Okamura called the Regular Meeting of the Governing Board of the San José/Evergreen Community College District to order on Tuesday, January 27, 2009, at 4:00 p.m., in the District Board Room. Board Members Present: Mr. Balbir Dhillon Ms. Maria Fuentes Mr. Richard Hobbs Mr. Randy Okamura Mr. Richard Tanaka Board Members Excused: Mr. Ron Lind B. APPROVAL OF CLOSED SESSION AGENDA M/S/C (Dhillon/Tanaka) to approve the Closed Session Agenda as submitted. C. PUBLIC COMMENTS ON CLOSED SESSION AGENDA None. D. RECESS TO CLOSED SESSION TO CONSIDER AND/OR TAKE ACTION UPON ANY OF THE FOLLOWING ITEMS The Board recessed to Closed Session at 4:00 p.m. to consider the following items: PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957 (b))
E. RECONVENE INTO OPEN SESSION The Public Session was reconvened at 8:00 p.m. Board Members Present: Mr. Balbir Dhillon Ms. Maria Fuentes Mr. Richard Hobbs Mr. Randy Okamura Mr. Richard Tanaka Mr. David Coatney Mr. Mike Rendler Board Members Excused: Mr. Ron Lind 1. PLEDGE OF ALLEGIANCE Trustee Dhillon led the Board and members of the audience in the Pledge of Allegiance to the Flag. 4. ADOPTION OF AGENDA M/S/C (Okamura/Fuentes) to approve the agenda as submitted. 5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA None. 6. BOARD RECOGNITION OF SPECIAL ACHIEVEMENTS None 7. APPROVAL OF DECEMBER 16, 2008 MINUTES M/S/C ( Fuentes/Hobbs) to approve the above listed minutes. F. CONSENT AGENDA M/S/C (Okamura/Tanaka) to approve the consent agenda as amended: Revisions were made to: F-1-A Management Personnel Change to District Classification Plan ii
Corrected information on last page of job descriptions F-2-C Faculty Personnel Adjustment of Salary Placement Step placement inadvertently omitted F-4 Faculty Personnel - Sabbatical Sabbatical percentage corrected F-4 Short-term Hourly, Substitute, Professional Expert Personnel, & Athletic Support Services Assigned to San José City College Information was duplicated by department F-5 Student Assistant Personnel Assigned to San José City College The department confirmed they gave the wrong information on the board election, and this was corrected. 1. MANAGEMENT PERSONNEL The Board approved the management team personnel actions as submitted. 2. FACULTY PERSONNEL The Board approved the faculty personnel actions as submitted. 3. CLASSIFIED PERSONNEL The Board approved the classified personnel actions as submitted. 4. SHORT-TERM HOURLY, SUBSTITUTE AND PROFESSIONAL EXPERT EMPLOYMENT The Board approved the short-term hourly, substitute and professional expert employment personnel actions as submitted. 5. STUDENT ASSISTANT EMPLOYMENT The Board approved the student assistant employment personnel actions as submitted. 6. VOLUNTEER PERSONNEL The Board approved the volunteer personnel actions as submitted. 7. DISTRICT BUDGET TRANSFERS BETWEEN EXPENDITURE ACCOUNTS The Board approved maintaining existing policy authorizing the D.O. to process end-of-year expenditure transfers without Board approval. 8. DISTRICT BUDGET INCREASES, DECREASES, TRANSFERS TO/FROM CONTINGENCIES The Board authorized the D.O. to process year-end budget increases, decreases, and transfers to and from contingencies and fund balances as permitted by Board policy. iii
9. RATIFICATION OF CONTRACTS The Board approved District vendor contracts for the period of November 10, 2008 to December 9, 2008. 10. CURRICULUM RECOMMENDATIONS FOR SAN JOSE CITY COLLEGE The Board approved the curriculum recommendations for new courses submitted by San Jose City College. 11. CHILD DEVELOPMENT SERVICES GRANT AGREEMENT CIMS-8650, RESOLUTION AND FEDERAL CERTIFICATION The Board approved the agreement with the California Department of Education, contract number CIMS-8650, to provide one-time grant funds for the Child Development Centers Infant Toddler Resource Program and adopt the resolution of authorized personnel. 12. CURRICULUM RECOMMENDATION FOR EVERGREEN VALLEY COLLEGE The Board approved the curriculum recommendation for the new courses submitted by Evergreen Valley College. 13. DESTRUCTION OF RECORDS DISTRICT FISCAL SERVICES The Board approved the destruction of records as listed according to Section 7080 of the Retention and Destruction of Records under Board Policies. 14. ADDITIONAL SERVICES AUTHORIZATION DEMOLITION OF X, Y & Z BUILDINGS & ADDED FENCE AT SW QUADRANT The Board approved an Additional Services Authorization in the amount of not to exceed $35,484.00 for Architectural Services for the Demolition of the existing X Y & Z buildings and added Fence at the SW Quadrant at San José City College. 15. CHANGE ORDER # 2 STADIUM CONSOLIDATION & SPORTS FIELD LIGHTING SJCC The Board approved Change Order # 2 to the construction contract with Intermountain Electric in the amount of not to exceed $17,746.00 for the Stadium Consolidation & Sports Field Lighting project at San José City College. 16. CHANGE ORDER # 9 SOFTBALL FIELD IMPROVEMENTS SJCC The Board approved Change Order # 9 to the construction contract with R. A. Bothman, Inc., in the amount of not to exceed $25,148.00 for the Softball Field iv
Improvements project at San José City College. 17. CHANGE ORDER # 6 VISUAL & PERFORMING ARTS CENTER EVC The Board approved Change Order # 6 to the construction contract with Swinerton Builders in the amount of not to exceed $103,151.00 for the Visual & Performing Arts Center project at EVC. 18. CHANGE ORDER # 2 - MODERNIZATION PHASE 1 A EVC The Board approved Change Order # 2 to the construction contract with Swenson & Associates in the amount of not to exceed $71,258.00 for the Modernization Phase 1 A project at EVC. 19. AWARD OF CONTRACT HAZARDOUS MATERIALS ABATEMENT FOR THE V, W, X, Y, & Z BUILDINGS - SJCC The Board approved and awarded the construction contract for Hazardous Materials Abatement Contract at San José City College to the lowest, responsive bid in the amount yet to be determined. 20. 2009-2010 NON-RESIDENT TUITION The Board approved a non-resident tuition rate of $191 per unit for academic year 2009/2010. G. ORAL COMMUNICATIONS a. Board of Trustees None b. Chancellor Chancellor Pérez asked Controller Muindi to introduce the district s new budget analyst, Anthony Oum, to the Board. c. Presidents Presidents Burke and Coon announced that enrollments are up at both campuses. d. Constituency Group Representatives Eugene Heck, CSEA, announced that new officers have been elected to serve two-year, instead of one-year terms. v
H. ACTION AGENDA 1. REVISED SCHEDULE OF GOVERNING BOARD MEETING DATES M/S/C (Fuentes/Hobbs) to not approve the proposed revised schedule of Governing Board Meeting Dates and corresponding deadlines for 2008-2009. The February Governing Board Meeting date, February 10, 2009, will remain as originally scheduled. 2. BOARD POLICY 2730 HEALTH BENEFITS M/S/C (Okamura/Dhillon) to approve the revised Board Policy 2730 Health Benefits. 3. NURSING PROGRAM CHANGE IN STUDENT SELECTION CRITERIA M/S/C (Tanaka/Fuentes) to approve a change in the student selection criteria for Evergreen Valley College s Nursing Program. 4. BOARD POLICY: CHAPTER 6 BUSINESS AND FISCAL AFFAIRS M/S/C (Hobbs/Okamura) to approve the revised Chapter 6 Business and Fiscal Affairs policies. I. INFORMATION AGENDA 1. CALENDAR OF EVENTS Information was provided to the Board on calendars of events held at Evergreen Valley College and San José City College. 2. FUTURE AGENDA ITEMS Election of new Board president will be put on February agenda, and a discussion of Board organization will be scheduled for either February or March agenda. 3. OPEB FUNDING Three consultants on the District's plan to issue OPEB bonds addressed the board on the status of the plan. Ann Feng-Gagne from The Dolinka Group provided a summary of what has been accomplished to-date, including the recent validation by the Santa Clara County Court of the District's OPEB plan, and the intent to issue debt to fund the trust by the end of May, 2009. Jim Roth from Piper Jaffray then informed the board of the current market for variable rate and fixed rate bonds, noting that the cost of fixed rate OPEB bonds is prohibitively expensive at the present time and likely for the next year. Nat Singer from SWAP Financial Group spoke about the very favorable LIBOR swap rates, which are at historically low levels at the present time. He presented the option available to the district of a "synthetic fixed rate", which involves swapping variable rate bonds for a fixed rate, using a counterparty and credit enhancements. He reviewed the risks associated vi
with this form of debt, noting that even during the crisis associated with the Lehman Brothers failure, the agencies who had engaged in swaps were able to find alternative buyers and were held relatively harmless. Ron Root indicated that the administration would be presenting legal documents to the board at one of the next board meetings that authorizes the district to proceed with issuing debt to fund the OPEB liability. Trustee Tanaka asked for clarification as to the urgency of proceeding with the issuance of bonds at this time. Mr. Root responded by indicating that the budget for the year assumes that $2.8 million in payments for retiree health benefits will be made from the proceeds of the bond sale, which will be placed in an irrevocable trust for present and future retiree health benefit payments. If the sale does not occur before June 30, 2009, the District's fund reserve will decline by another $2.8 million. J. CONTINUATION OF CLOSED SESSION None K. RECONVENE OPEN SESSION There were no reportable actions. L. ADJOURNMENT The meeting adjourned at 9:16 p.m. Rosa G. Pérez, Secretary Board of Trustees vii