Agenda: Peralta Community College District Governing Board Regular Meeting – July 20, 2010
PLEASE TURN OFF YOUR CELL PHONES DURING THE MEETING - THANK YOU
Meetings of the Peralta Community College District Board of Trustees are Broadcast Live on Peralta TV—
Cable Channel 27-Alameda and Berkeley, Cable Channel 28-Oakland, Emeryville and Piedmont,
or LIVE on the web at www.peralta.tv
** Please note: Live stream of the meetings, agendas, minutes, and meeting materials are available on Granicus at: http://peraltaccd.granicus.com/ViewPublisher.php?view_id=2
PERALTA COMMUNITY COLLEGE DISTRICT
A Closed Session is scheduled at 5:00 P.M., July 20, 2010, Chancellor’s Conference Room, District Administrative Center, 333 East Eighth Street, Oakland, California. Topics to be discussed include:
Conference with Labor Negotiators Harris and Nguyen, 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)), Santos v. PCCD, Alameda County Superior Court Case No. HG07335828.
· 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)), Kyricous v. PCCD, U.S. District Court, Northern District of CA Case No. C08-04630
· 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)), Pope v. PCCD, Alameda County Superior Court Case No. RG 08367984.
· 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)) (4 cases).
Conference with Real Property Negotiator (Government Code § 54956.8):
Negotiator Ikharo, Henry J. Kaiser Auditorium, 10 Tenth Street, Oakland, California, 94607.
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 Public Employee Appointment, Director, Alameda County Small Business Development Center, District Office.
· Consider Public Employee Appointment, Chief Financial Officer, District Office.
· Consider Public Employee Appointment, Associate Vice Chancellor of Educational Services, District Office.
· Consider Public Employee Appointment, Interim Dean, Community Partnerships, Grants Initiatives and Workforce Development, Laney College.
· Consider Public Employee Appointment, Interim Dean of Math, Science, and Vocational Programs, Merritt College.
REGULAR MEETING AGENDA
Regular Meeting of July 20, 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 7:03 P.M.
(Please state the agenda item number and identify the issue.)
MINUTES 7:04 P.M.
1. Consider Minutes of the Board Meeting of June 22, 2010.
Copies of the minutes of the Board of Trustees’ Meetings are posted on Granicus. Please submit all minute corrections to the Board Clerk.
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 7:05 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.
2. Presentation on Gilbane Building Company Internship Program Presenters: Vice Chancellor Ikharo, Laney President Webb and Gilbane Building Company (5 minutes)
Gilbane Company will present its internship and scholarship programs to Laney students Darrell Hall and Paul Lum.
ACTION ITEMS
INFORMATIONAL ITEMS AND ORAL REPORTS 7:35 P.M.
3. CHANCELLOR (1 minute per speaker)
Chancellor’s Report
EasyPass, Student Health Fee, and Health Services Initiative Update
Presenter: Chancellor Allen
Vice Chancellors’ Reports
Budget Report Presenter: Vice Chancellor Lenahan
Investment Report Presenter: Vice Chancellor Lenahan
The Alameda County Treasurer’s Investment Report for the month of May 2010 is provided, for informational purposes only. After thorough review of the details, the Trustees are assured that there are no unusual or extenuating events reportable for this time period.
Design and Construction Status Report Presenter: Vice Chancellor Ikharo
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.)
DAS PRESIDENT REPORT (2 minutes) Presenter: DAS President van Putten
CONSENT CALENDAR (FOR ACTON) 8:00 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.
4. Consider Approval of Resolution on Board and CEO Roles and Responsibilities Presenter: Trustee Withrow
Consider approval of Resolution on Board and CEO roles and responsibilities from the California Community College League of California (CCLC). These roles and responsibilities can be further discussed at a future Board retreat on the topic. The Chancellor recommends approval.
5. Consider Approval of the Institution’s Performance Evaluation 2009-2010 Presenter: Trustee Withrow
6. Consider September Board Meeting Calendar Options Presenter: Trustee Handy
Consider September Board meeting calendar options. The current September Board meeting dates are September 14th and 28th. Some Board members may have another conflict with the September 14th meeting date, so it is requested that other possible meeting dates be discussed.
7. Consider Approval of Twelve (12) Furlough Days for District Administration for Fiscal Year 2010-11 Presenter: Vice Chancellor Largent
On June 22, 2010, the Peralta Board of Trustees adopted a resolution 09/10-56 for Financial Recovery and Sound Financial Management Practices. As a result, District administrators will make a contribution to help address the financial deficit by taking twelve (12) furlough days during the 2010-2011 budget year, beginning July 1, 2010 through June 30, 2011, at one furlough day each month. These furlough days will assist the District in addressing its fiscal crisis. Any contract approval is subject to negotiation and execution by the Chancellor. The Chancellor recommends approval.
8. Consider Approval of Six (6) Furlough Days for Unrepresented Confidential Classified Employees for Fiscal Year 2010-11 Presenter: Vice Chancellor Largent
On June 22, 2010, the Peralta Board of Trustees adopted a resolution 09/10-56 for Financial Recovery and Sound Financial Management Practices. As a result, unrepresented Confidential Classified employees will make a contribution to help address the financial deficit by taking six (6) furlough days during the 2010-2011 budget year, beginning July 1, 2010 through June 30, 2010, consistent with the tentative agreements with represented Classified employees. Beginning July, August and November 2010, with notification to the supervising manager, Confidential employees will arrange furlough dates to be taken. For December 2010, the last business day prior to Christmas Eve holiday shall be designated; January 2011, the business day after the New Year’s Day holiday will be designated; and April 2011, either Friday April 15 or Monday, April 25 (first day after Spring Break) will be selected as a furlough day. These furlough days will assist the District in addressing its fiscal crisis. Any contract approval is subject to negotiation and execution by the Chancellor. The Chancellor recommends approval.
9. Consider Approval of Contract Extension with the International Union of Operating Engineers (IUOE, Local 39) which Includes Six (6) Furlough Days During Fiscal Year 2010-2011 Presenter: Vice Chancellor Largent
On June 25, 2010, the District reached a tentative agreement with the International Union of Operating Engineers, IUOE Local 39, to renew and extend their contract for one year through June 30, 2011. Local 39 members voted for ratification of their contract on July 1, 2010. Given the current state budget uncertainty, the District’s existing budget deficit, the rising cost of health benefits, and as a result of the State’s reduction in funding, the District believes it is prudent at this time to renew and extend the current contract with amendments to include six (6) furlough days beginning July 2010, and one day each month hereinafter listed: August, November, and December 2010; and January and April 2011.
Additional changes in the contract include: a) contract reopeners to begin October 11, 2010 to address Local 39’s absorption of anticipated additional decreases in revenues; b) Expedited Arbitration provision Article 8.9 of the Agreement shall continue through June 30, 2011; c) Salary Schedule shall be increased by a percentage reflecting the effective District COLA as identified and funded by the State for FY 2010-2011 and a reopener on new general fund, growth money and non-designated money coming into the District for 2010-2011; d) Article 12.10, At Home Contact, shall be amended to read: When it becomes necessary for on-duty member or manager to contact an off-duty employee relative to or in conjunction with the continuation of a program or service, an employee or manager may contact an off-duty member for the purpose of requesting information or direction and such off-duty member will be compensated for one (1) hour of compensatory time or overtime. An off-duty member who is contacted between the following hours, or while on vacation, based on regular shift assignments, will be compensated for two (2) hours of compensatory time or overtime.
Shift Contract between
Day 10:00 p.m. and 7:00 a.m.
Swing 1:00 a.m. and 9:00 a.m.
Grave Yard 9:00 a.m. and 5:00 p.m.
The contacted member will fill out a Classified Time Sheet requesting payment as overtime or compensatory time.
e) Further, Article 9.12 Voluntary Sick (Catastrophic) Leave Contribution Program, Paragraph (B) Contributions, shall be amended to include Berkeley City College Custodian as one of the locations to post notifications; and f) The District’s proposal to exchange the Holiday observance of Admissions Day to a Holiday Observance of Cesar Chavez Day which will be observed on the last day of the Spring Break pending the Governing Board’s approval for the current Academic Year Friday, April 22, 2011. Any contract recommendation is subject to negotiation and execution by the Chancellor. The Chancellor recommends approval.
10. Consider Approval of Contract Extension with the Service Employees International Union (SEIU Local 1021) Regular Employees which Includes Six (6) Furlough Days During Fiscal Year 2010-2011 Presenter: Vice Chancellor Largent
On June 23, 2010, the District reached a tentative agreement with the Service Employees International Union (SEIU Local 1021), to extend and renew its contract for one year through June 30, 2011. Local 1021 employees voted for ratification of their contract on July 14, 2010. Given the current state budget uncertainty, the District’s existing budget deficit, the rising cost of health benefits, and as a result of the State’s reduction in funding, the District believes it is prudent at this time to renew and extend the current contract with amendments to include a) six (6) furlough days (only) beginning July 2010, and one day each month hereinafter listed: August, November, and December 2010; and January and April 2011 to offset the rise in health benefits for SEIU members; b) Exempt from the six (6) furlough days are 1021 members staffing the Children’s Centers: Coordinator/Children’s Center (all); Child Care Specialist (all); Child Care Assistant II (all); Cook (all); and Clerical Assistant II (1 position); c) Additionally, the District requests SEIU Local 1021 to cover any increase in cost of health benefits coverage for its members in the 2010-2011 budget year over the costs incurred during the 2009-2010 budget year; d) The District and SEIU Local 1021 agree to reopen negotiations no later than October 11, 2010 to address SEIU’s share in absorbing the anticipated additional decreases in revenue; e) District and SEIU Local 1021 shall reconcile the actual increases in benefits with reconciliation in October 2010. Following the October re conciliation, Local 1021 and the District will adjust the SEIU contribution as required. If it is determined that the SEIU contribution for health benefits is greater than the increase in benefit costs, the contribution will be reduced. Any savings or increases as a result of the Dependent Verification Audit of SEIU members will adjust the SEIU contributions; f) Any disputes concerning District calculations shall be negotiated between SEIU Local 1021 and the District and if not resolved, SEIU may follow the established grievance procedure; g) The District agrees that the Expedited Arbitration provision (Article 22.10) of the Agreement shall continue through June 30, 2011; h) Contract duration for SEIU Regular Unit shall be July 1, 2010 through June 30, 2011; i) If any represented/unrepresented employee group and/or bargaining unit receive a wage increase, the District agrees to increase the salary schedule for SEIU Permanent, and, j) The District’s proposal to exchange the Holiday observance of Admissions Day to a Holiday Observance of Cesar Chavez Day which will be observed on the last day of the Spring Break pending the Governing Board’s approval for the current Academic Year Friday, April 22, 2011. Any contract recommendation is subject to negotiation and execution by the Chancellor. The Chancellor recommends approval.