5055 Santa Teresa Blvd

GAVILAN JOINT COMMUNITY COLLEGE DISTRICT

REGULAR MEETING, BOARD OF TRUSTEES

Tuesday, December 9, 2008

CLOSED SESSION – 6:00 p.m.

OPEN SESSION – 7:00 p.m.

MINUTES

STRATEGIC PLANNING SESSION

BOARD SELF EVALUATION

I. CALL TO ORDER

The meeting was called to order by 6:05 p.m.

1. Oath of Office – Mike Davenport

2. Roll Call

Trustees: Mark Dover, Deb Smith, Elvira Robinson, Kent Child, Tom Breen,
Mike Davenport

3. Recess to closed session

The Board recessed to closed session at 6:05 p.m.

II. OPEN SESSION 7:00 p.m.

1. Call to Order

The meeting was called to order by Mark Dover at 7:11 p.m.

2. Roll Call

Mark Dover, Deb Smith, Elvira Robinson, Kent Child, Tom Breen, Laura Perry, Mike Davenport, Andrew Williams

Dr. Victor S. Krimsley, Acting President

Joe Keeler, Vice President of Administrative Services

Fran Lopez, Interim Vice President of Instruction

Diana Seelie, Professional Support Staff

Suzanne Bulle, Recording Secretary

Others in Attendance: Fran Lopez, Ron Hannon,

3. Pledge of Allegiance

Student Trustee Williams led the pledge of allegiance.

4. Oath of Office – Tom Breen, Mark Dover, Mike Davenport

Trustee Smith administered the oath of office. Trustee Dover thanked the community for their votes.

5. Organizational Meeting

(a) Election of Officers (President, Vice President, Clerk)

President of the Board of Trustees

MSC (Perry/Robinson) to nominate Deb Smith unanimously carried to approve.

Motion to close nominations (Breen)

Vice President of the Board of Trustees

MSC (Breen/Perry) to nominate Kent Child unanimously carried to approve.

Motion to close nominations (Perry)

Clerk of the Board of Trustees

MSC (Perry/Williams) to nominate Tom Breen unanimously carried to approve. Motion to close nominations (Williams)

(b) Setting Meeting Dates/Location

MSC (Perry/Smith) carried to approve meeting dates/location as presented, 6 ayes, and 1 no (Robinson).

Athletic Committee - delete Leonard Washington add Laura Perry

Board Policy Committee - delete Leonard Washington add Kent Child

Budget Committee - delete Leonard Washington add Mike Davenport

Evaluation of President Committee - delete Leonard Washington add Kent Child

Strategic Planning Committee - delete Deb Smith add Mike Davenport

Student Trustee Williams will be transferring to SJSU. The Student Trustee position will remain on the Community Education and Facilities Committees.

MSC (Perry/Child) unanimously carried to approve revised Board Committees’ Membership. Trustee Smith will work with Suzanne or leads on subcommittees to develop brief descriptions of each committee.

6. Report of any action taken in closed session

The Board voted to approve a disciplinary action regarding an employee.

7. Ratify action taken in closed session – Acting President

MSC (Perry/Robinson) unanimously carried to ratify an employment agreement with Dr. Victor Krimsley to serve as Acting President, from December 8, 2008 – February 7, 2009 at a monthly rate of pay of $17,000.

8. Ratify action taken in closed session – Interim, Vice President of Instruction

MSC (Robinson/Smith) unanimously carried to ratify an employment agreement with Fran Lopez to serve as Interim Vice President of Instruction from December 8, 2008 – February 7, 2009 at a monthly rate of pay of $11,032.83.

9. Consent Agenda

MSC (Perry/Child) carried to approve consent agenda 6 ayes, 1 abstention (Davenport).

10. Approval of Agenda

MSC (Perry/Williams) unanimously carried to approve agenda.

11. Comments from the Public - This is a time for the public to address the Board

Robin Egbert, student at Gavilan, reported that there are still lots of complaints of food service, vandalism by GECA students and health and safety concerns about the water at Gavilan. Testing done on Aug. 28, Sept. 20 results showed elevated maximum contaminants of lead in copper on campus. Robin noted that sometime in Oct. the college was advised of the test results and the press release did not come out until Nov. 20 and stated that teachers were not telling students. Robin stated that the contaminants are more harmful for children. Robin stated that Jan Chargin and others led groups of kids around campus before Nov. 20 press release. Robin stated that Gavilan was slow to warn the public in a timely manner. Robin presented a partially filled 5-gallon bottle of water and stated that it contained elevated maximum contaminants of lead and copper from one of the faucets before it was replaced and asked if anyone wanted a drink. Trustee Child and Student Trustee Williams drank a sample. Trustee Child stated that he trusted the sample came from the source noted by Robin. Robin acknowledged it did. Robin stated that water lines were being flushed for a 3:00 a.m. retest to get better results.

Carol McEwan, CSEA President, stated on behalf of CSEA, a thank you for the opportunity to express our appreciation for your commitment to a no lay off policy at Gavilan. We truly appreciate this. We are committed to the Gavilan College community and will step up to do what we can to work through this period. With the promise made by you the Trustees and Dr. Kinsella, our President, we are able to see the light at the end of the tunnel and appreciate that open classified positions may be put on hold for a short period of time but they elimination of positions is not really an option. We have faith in the process that has been established and truly care about moving forward and doing our part and we appreciate your efforts and your contributions to keeping us fiscally sound.

12. Officers' Reports

(a) Vice Presidents

Fran Lopez reported that the Board of Registered Nursing Accreditation Review was completed in November with no items out of compliance. Fran congratulated Kaye Bedell, Department Chair, faculty, staff, and Sherrean Carr. The college has received final approval for the Carpenter’s Apprenticeship Program. Fran commended Sherrean Carr for this outstanding achievement.

John Pruitt reported that students are preparing for finals and registering for winter intersession and spring classes. As of Friday, 1,600 students have registered.

(b) College President

Vic thanked the board for expressing confidence in him as acting president and reported that Steve is doing well.

Erin reported that faculty is working on final exams, GCFA elections are taking place this week, convening Distance Education Committee to work on best practices, philosophy, and policy. The new 2009 Senate will begin work in January.

(d) Professional Support Staff

Diana reported CSEA elections will be held Dec. 17; the Annual Holiday party was well attended and thanked everyone who participated.

(e) Student Representative

Student Trustee Williams reported that the ASB is sponsoring Dance Madness, a stress buster to help students prepare for finals; World AIDS Day was successful and Student Trustee Williams applauded Hannah Kempis for her efforts in coordinating the event; student trustee elections are taking place; ASB is working on next semester activities. Student Trustee Williams announced that he has received his acceptance letter from SJSU and January will be his last board meeting as Student Trustee. He expressed appreciation to serve on the Board and the ASB. He will graduate from Gavilan with an AA in Liberal Studies and a Certificate in Communications.

(f) Board Member Comments

Trustee Smith congratulated Andrew Williams and expressed appreciation for his service on the Board; welcomed Mike Davenport, new trustee. Mike Davenport thanked all who voted for him, noted that he has been a Planning Commissioner in Morgan Hill 31/2 years; employed by CISCO systems as an Engineer, Masters in Software Engineering, active member of IEEE. Trustee Perry welcomed Mike Davenport to the Board, congratulated Andrew and thanked him for his service at Gavilan. Trustee Robinson wished Andrew the best and welcomed Mike Davenport. Trustee Robinson reported that the Latino Advisory Committee met last night and members are concerned about the economy the affect on Latino students that will be coming to Gavilan, not four year colleges. The Committee reviewed Measure E updates and received updates on Hollister and Coyote Valley. Trustee Child welcomed Mike and expressed his appreciation to Andrew. Trustees Child and Breen represented Gavilan College for the Holiday Lights On Parade. Trustee Breen thanked Andrew for his service. Trustee Breen reported that the Hollister Youth Alliance had a dinner for community heroes and awarded an award to Vince Luna. Two teams of Gavilan College students (11 students) who helped with the event. Trustee Breen welcomed Mike Davenport.

(g) Board President

Trustee Dover thanked Andrew for his service and welcomed Mike Davenport. Trustee Dover congratulated Fran Lopez and Vic Krimsley for stepping into the interim positions.

(h) Board Committee Reports

No report

9. Information/Staff Reports

(a) Recognition of the Employee of the Month

Mark announced and congratulated the Employee of the Month for December, Randy Brown, Director of Institutional Research. Trustee Child noted that Randy represented Gavilan College on the Holiday on Lights Parade in Hollister.

(b) Sabbatical Report – Karen Warren

Karen Warren acknowledged the Board for their support of scholarships and sabbaticals and provided a summary of her sabbatical. Trustee Child acknowledged Karen as an outstanding instructor.

Ron Hannon reported that the Expenditure Reduction Task Force was initiated again to identify reductions over the next 21/2 years, $800,000 for fiscal year 08-09, $800,000 for 09-10 and $900,000 for 10-11. The recommendations will be presented to the President’s Council tomorrow. The recommendations are presented tonight as information and for action by the Board in January. Ron acknowledged the excellent group of representatives from each constituent group working hard to make sure everyone’s voice is heard and to make sure there are balanced reductions. The Task Force should be done with the second round of recommendations by mid spring, take a break, and begin to work on 2010-11. Financially the college is in a good place. Ron acknowledged the work done by the Board over the past years to put the college in a stable financial condition. The Board conveyed thanks to the Task Force: Ron Hannon, Fran Lozano, Co-chairs, Dr. Randy Brown, Jan Bernstein Chargin, Laurel Blakley, Denise Apuzzo, Hanna Kempis, Graciela Nutter, Leslie Tenney, and Ken Wagman. Ron noted that this Task Force is a 2-3 year commitment and is confident that the representatives will remain to provide continuity.

(d) Community Education Spring 2009 Classes

This is presented as information and the brochure will be out in January. Vic will follow up on how many classes are offered in Hollister.

(e) Amendment to Board Policy 2015 Student Member(s) – First Reading

Student Trustee Williams reported that the ASB is concerned about the proposed single year term. The ASB would like to maintain the two year term to allow the student to gain a better understanding of the board process and be effective in the student trustee role. Tim Holliday, former student trustee, supported the comments from Andrew Williams. Hanna Kempis, ASB President, reported that the ASB discussed this proposal and would like to propose that the term would remain the same, allowing the student to serve one year and run for re-election. Trustee Dover supported the recommendation from students and also noted that the training for the student trustee does not occur until November. Trustee Dover requested that this go back to Board Policy Subcommittee for reconsideration. The oath of office will be administered to the new student trustee at the Feb. board meeting. Student Trustee Williams stated if the medical and dental insurance was taken off the table it would not be an issue. The Student Trustee would continue to receive a stipend. Hanna and the Student Advisor met with President Kinsella, who stated that medical and dental may not be available for the student trustee. Tim Phillips stated support for the ASB recommendation.

(f) Amendment to Administrative Procedures 4020 – First Reading

Vic reported that the amended administrative procedure delineates the process for program approval process. Trustee Child suggested adding the Board of Trustees to the list of those notified with the results of the Chancellor’s Office review (item 6 and the schematic chart).

(g) Status of Campus Drinking Water

Joe reported that a letter was sent to the child development center parents once test results were received. The Department of Health has approved a plan for testing and samples were to be taken no later than January 2009. The college decided to move the notification up to November and testing to tomorrow. A certified sampling of 81 faucets is now occurring. On those that have tested positive the fountain gear has been replaced. The well has been tested and has come back negative. Joe thanked Jan Chargin, Jeff Gopp and the California Department of Public Health. Joe noted that he has not heard from anyone about the water. Trustee Child noted that 3:00 a.m. testing is done to get a more accurate test results. Student Trustee Williams stated that the issue was handled in a timely manner, communicated to the community and students and presented no danger to students.

(h) Santa Clara County Treasury Investment Portfolio

Provided for information

(i) Retiree Health Benefit Trust Investment Portfolio Status as of September 30, 2008

Provided for information

(j) Monthly Financial Report

Provided for information

IV. ACTION ITEMS

1. New Business

(a) Public Hearing to Receive Comments on the Environmental Impact Report for the Gavilan San Benito Campus and Fairview Corners Projects

MSC (Robinson/Smith) unanimously carried to open public hearing.

David Rodriguez, Public Private Ventures, introduced Judy Shanley and Julie Mier, David J. Powers & Associates, Harold Frieman, special counsel for Lozano Smith, members of team, Rick Hopkins, project biologist, Chuck Anderson, project hydrologist for Chap and Wheeler, Mike Wahler and Jeff Elia, traffic consultants with Hexagon, John Pedicini, property owner, and Michael Groves, planning consultant. David wished Dr. Kinsella a speedy recovery. David reported that he has been involved with the project for 4 years and reviewed the history of the land acquisition.

Judy Shanley, President, David Powers & Associates, environmental consultants, reported that the Environmental Impact Report (EIR) covers two projects, Gavilan San Benito Campus and the Fairview Corners residential development. The EIR addresses both projects because they have been planned concurrently and have a relationship of shared roadways, infrastructure and open space. The EIR addresses both the individual affects of each project as well as the combined affect of developing the overall 137 acre property. Because the college is acting first on the project it is the logical agency to have the EIR prepared and be the first to consider the environmental affects of the projects. As the CEQA lead agency for the residential development the County of San Benito will consider the final EIR impacts and mitigation measures and all of the comments and responses as part of the their processing of the residential application and in their decision making of the residential project. The County participated in the preparation of the EIR, commented on the draft, and received a copy of the final EIR with all comments received during the circulation of the draft and they will receive all the comments and responses received tonight regarding the residential project. As part of the decision making the County will decide independently whether the EIR adequately addresses the residential project. The County must formally adopt a resolution making findings for each significant impact of the residential project, if they choose to approve the project. The draft EIR was circulated for the legally mandated 45 day public review period. After that time the project EIR and traffic consultant met with the County, the City, and Counsel of Government staff to discuss the project features, traffic impacts, and to identify mitigation measures. The EIR and County and project staff also met with CALFire in preparation of the responses to comments that are included in the final EIR. Comments were received related to traffic impacts, proposed developments, proposed site drainage, and storm water quality measures, various issues including biological impacts, utilities, and services. None of the comments received on the draft EIR raised any new significant impacts or impacts of substantially greater severity that were already addressed the draft EIR. For that reason no comments were received that would warrant recirculation of the draft. It should be noted that some of the some comments received on the draft EIR were specific to the residential project, in fact, they were largely opinions of the comment authors related to the residential project. The comments did not question any specific aspect or analysis included in the EIR, therefore, there was no formal response required. The final EIR response to those opinions may be considered by the County in their deliberations on the residential project. The public hearing tonight is optional as CEQA does not require formal hearings at any stage of the environmental review process, however, if an agency provides a public hearing on the decision to carry out and approve a project they should also include the environmental review as one of the subjects of the hearing.

Harold Frieman, of Lozano Smith, stated that the resolution will certify the EIR as complete and adequate under CEQA and as representing the independent view of the district, it will indicate that the board has reviewed the EIR and related documents and that the EIR addresses the residential and the campus project. The County will have an opportunity to consider whether they would like to rest on the environmental report and adopt as their won with further public input or to go on to do further environmental analysis. The resolution will also adopt a mitigation monitoring program. Under CEQ A, any impacts that are identified as significant there needs to be an effort to identify mitigation measures to mitigate the impacts to a level of less than significant and the board will be adopting the mitigation monitoring program that accomplishes much of the mitigation. There will also be a statement of overriding considerations included as part of the process, which means that there are certain impacts that have been identified that are unavoidable impacts that cannot be mitigated to a level of less than significant by any feasible mitigation measures that have been identified in the EIR. As a public agency the college has the option of moving forward with the project despite the impacts, if the public benefits outweigh those impacts. The board is only considering the campus project not the residential portion of the project. Pursuant to the government code in California the college can, as an educational agency, exempt itself from local general plan and zoning ordinances of the City of Hollister or the County of San Benito. The exemption is included in the resolution to make sure it would be in compliance with state standards if the state approves the site and plans. The college will continue to work with local agencies in the coordination as planning moves along. Comments received should be comments on the campus project.

Bob Huenemann, Hollister community member, 120 Harbern Way, Hollister, presented a drawing of the proposed campus and stated that Harbern Way is immediately adjacent to the proposed project and is not separated from the project by what will be a four lane road like Fairview Road or Airline Highway. This has always been a 5 acre subdivision with a number of agricultural uses. The consultants noted in the draft EIR that there were 5 homes per acre not 5 acres per parcel and missed the possible impact and discrepancy. The final EIR recognized the 5 acre parcels and the consultants were asked to consider some mitigation for that fact. Mr. Huenemann stated that by having the hearing at Gavilan the college was discouraging Hollister residents from participating in the public process. The Public Notice published in The Pinnacle on Dec. 5, stated that only the college campus project is the subject of the above referenced hearing. Mr. Huenemann read an email from Jeff Kuhn, attorney, stating that the first action was scheduled to take was to hold public hearing to receive additional comments from the public or public agencies on the EIR for the campus project and the Fairview Corners Residential project. Since both projects are analyzed by the same EIR the board is obliged to entertain comments about either or both projects at the public hearing. Mr. Huenemann stated the public notice was incorrect and misleading and further discouraged Hollister residents from participating in this important process. Mr. Huenemann stated the final EIR was incorrect and inadequate referring to pp. 270, 271, and 277 and where it was stated: the comment is hereby noted and will be considered by the County Board of Supervisors in their deliberations on the residential component of this project. Mr. Huenemann stated that this was unresponsive and factually incorrect and neither the Gavilan College board or the David Powers firms is in a position to know the San Benito County Board of Supervisors will or will not do, thus the EIR fails to provide a meaningful response to these four instances as required by law. Mr. Huenemann advised the board to not approve the EIR.

Mark Dickson stated that the residents have been trying to connect to Sunnyslope water and attempted to get a preliminary EIR and it required a 3 year survey of the pond that exists on the property. The Tiger Salamander travels slightly around Fairview and Airline Highway and is not necessary for them to spawn every year for them to be a viable population. Mr. Dickson was told the Tiger Salamander exits on the golf course and would like to see proof of this. It is unclear that it could be determined that this is an unsuitable site for Tiger Salamanders without taking a survey. The land that is now being disked land and there are no more burrowing owls and kit foxes. Mr. Dickson stated he valued open space and there is not open space near residences.

MSC (Perry/Smith) unanimously carried to close public hearing.

* (b) Resolution Certifying an Environmental Impact Report, Adopting a Mitigation Monitoring and Reporting Program, Adopting a Statement of Overriding Considerations and Other Findings, Approving the Proposed San Benito Campus Project, and Rendering Local General Plans and Zoning Ordinances Inapplicable to the Campus project and Campus Project Site, Resolution No.902

MSC (Perry/Williams) unanimously carried to certify the Environmental Impact Report, adopting a Mitigation Monitoring and Reporting Program, adopting a Statement of Overriding Considerations and Other Findings, approving the Proposed San Benito Campus Project, and rendering Local General Plans and Zoning Ordinances Inapplicable to the Campus project and Campus Project Site, Resolution No.902, on a roll call vote.

* (c) Resolution Approving Second Amendment to Purchase and Sale Agreement, including Interim Site Development Agreement, Option Agreement, and Electing to Close Escrow for the Purchase of Real Property for the San Benito Campus Project, Resolution No. 903

MSC (Breen/Perry) unanimously carried to approve the Second Amendment to Purchase and Sale Agreement, including Interim Site Development Agreement, Option Agreement, and Electing to Close Escrow for the Purchase of Real Property for the San Benito Campus Project, Resolution No. 903, on a roll call vote.

Judy Shanley stated that the comments from Mr. Huenemann were ones that were noted in her introductory statements that were primarily opinions related to the residential project and they did not call out specific comments or questions as to the adequacy of the EIR. Two of them were petitions, one requesting one acre lot sizes and the other was a petition for no project connection to Harbern Way, which is not proposed by the project. Another one was related to the desire for deed restrictions. In general all comments were more opinions on project rather than EIR related comments. There was a typo on one location in the EIR that indicated the density was incorrect, elsewhere in the document it was accurately stated as 5 acres per lot in the adjacent development and the analysis of the compatibility of the projects with the surrounding land uses was addressed as the adjacent land uses exist. Additional information was include in the final EIR about the presence of agricultural pursuits including organic farming entities and different measures that can be included and have been stated to be included in the college project to reduce impacts on those proposed agriculture efforts.

Dr. Rick Hopkins, senior conservation biologist, Live Oak Associates, San Jose, stated the EIR identifies the Tiger Salamanders have been identified on the site in 2000 and the need to do additional surveys was unnecessary. The EIR also identifies the development of the college campus and the adjacent residential development would in fact result in a significant affect to the habitat for the Tiger Salamander. It also noted that given the land use activities on the site, the fact that the pond had not actively held water for the last several years, one would not expect the salamanders would persist very long. With the lack of breeding salamander populations undergo 10% mortality over each year and after about a 10 year period of time when breeding ponds have disappeared populations tend to disappear. It has been about 7 or 8 years since the pond has actually held water for an extended period of time. Nonetheless, the project concluded the development of the site result in loss of habitat and noted that the project would have to acquire a suitable habitat to offset the impacts. It was also noted that it is a federally threatened species and the project would have to obtain clearance or take authorization from the U.S. Fish and Wildlife service in order to proceed. We are currently in discussions with the agency and have identified a potential mitigation site. The same site, just west and north of the site would offset loss of habitat for the San Joaquin Kit Fox and for burrowing owls. The mitigation site would identify suitable and feasible mitigations as identified under CEQA and Endangered Species Act and policies under the State Department of Fish and Game that would adequately offset impact to these species that have been identified as either occurring on the site or relatively near the site. CEQA requires that the existing conditions be looked at and the condition of the site is primarily of agricultural field biodiversity in general tends to be relatively low. There were historically Tiger Salamanders on the site and CEQA noted in this particular case the EIR identified that loss of the site would still result in a significant affect to them regardless of how many may or may not be left on the site. The site supports other than possibly the Tiger Salamander, but there were no burrows that were suitable sites for burrowing owls or kit fox. It tends to support common species for the most part, ones that are typical of agricultural fields in the Hollister/San Benito County region. In February there was virtually no water in the pond and the Corp has come to the site and has not claimed the pond or any other feature of the site under their jurisdiction. There is nothing on the site that the U.S. Army Corp of Engineer claims. If the pond still retained water on the site the Corp might claim or might note that provided suitable jurisdiction. Nothing on the site supported suitable under the three parameters that the Corp requires, hydrology, hydrophilic plants or soils that adequately identified anything that they would claim jurisdiction over. The pond has been observed over the last few years and no water has been found water in it. The project has concluded that it will impact the Tiger Salamander and mitigations have been identified that are suitable both for the Department of Fish and Game and the Fish and Wildlife Service which regulates activities related to the salamander. They are the regulatory agencies responsible.

Harold Frieman clarified that there is a staff recommendation to approve the resolution but there has not been any board consideration of the resolution. Mr. Frieman recommended a motion be made to open the discussion of resolution. CEQA requires a simple majority vote, however, government code sections regarding the general plan exemption a 2/3 voting requirement (a super majority) on that part of the resolution.

Trustee Child stated that the final EIR was much more thorough than the draft and addressed the issues and concerns that have come forward over the last four years, on this and other sites under consideration, from a wide range of people in San Benito County. Trustee Child stated that he has owned and operated a 20 acre agricultural farm in the County, but now resides in town and worked on the Gavilan College campus for nearly 40 years. Trustee Child has seen more wildlife on the main campus than in his organic farm, which was surrounded by mostly open forest land. Trustee Child stated he knows the project will have an impact on wildlife we have moral and legal requirement to mitigate that by setting aside a parcel that is four times the size elsewhere in the same general vicinity to help preserve the potential for propagation of wildlife. Placing a properly designed and properly maintained community college campus is a wonderful refuge for wildlife. The board is dedicated to being the best possible neighbors and is trying to make the best decision that will affect the most people for the longest period of time and the most positive way. It is a difficult decision, but is not being made expeditiously or callously. The board is voting individually, but also as representatives of the voters of the entire Gavilan College District, including those in San Benito County and southern Santa Clara County.

Student Trustee Williams, a resident of Hollister, stated that the existing campus in Gilroy was placed in the same surroundings and has provided a valuable service to the surrounding communities and provided a place for wildlife to exist. Student Trustee Williams stated his support for the campus in Hollister.

Trustee Robinson agreed with comments from Trustee Child and Student Trustee Williams and stated the need to expand the educational facility to San Benito County. Trustee Robinson also reminded everyone that Gavilan College began in San Benito County and it is time to go back to the community and provide it with the educational campus it deserves.

(d) Curriculum

MSC (Perry/Smith) unanimously carried to approve curriculum. Trustee Child congratulated Fran Lozano on expanding foreign language, bringing French back and adding Mandarin Chinese.

(e) Gavilan College Board of Trustees – Goals for Calendar Year 2009

Trustee Smith reported that the date for the Strategic Planning was scheduled for Feb. 24, 2009, 6:00-8:30 p.m. Trustee Child stated that the motion was tabled until the strategic planning retreat in February. MSC (Perry/Robinson) unanimously carried to table this item to allow the board to review at the planning retreat.

(f) Board Representative for the County Committee

MSC (Perry/Smith) unanimously carried to appoint Mike Davenport as board representative for the County Committee.

(g) Amendment to the Agreement with the Gavilan College Educational Foundation

MSC (Breen/Perry) unanimously carried to approve the amendment to the agreement with the Gavilan College Educational Foundation.

(h) Amendment to the Professional Services Agreement with S.E. Emick Consulting Services

MSC (Child/Perry) unanimously carried to approve amendment to the professional services agreement with S.E. Emick Consulting Services.

(i) Extend Agreement with the Pepsi Cola Company

MSC (Breen/Smith) unanimously carried to extend agreement with the Pepsi Cola Company.

(j) Acquisition of Relocatable Facilities

MSC (Smith/Breen) unanimously carried to approve acquisition of relocatable facilities.

Joe reported that these will relieve the impact of portables used for college classes. Two portables will be installed southeast of the music building on a pad big enough for four portables. The difference in cost for a pad for two or four portables is minimal. The program is growing and the college is running out of space. The buildings where the Police Academy was housed were considered with the price tag of about $2.5 million. The Gilroy Unified School District (GUSD) was non committal and Steve will be following up with the GUSD. Trustee Child stated a concern about the GUSD providing their share of funds to support the program. Joe reported that the GUSD has verbally agreed to manage the population and use more than 6 portables. The college buys the portables and GUSD pays for everything else. With the growth the college is experiencing it is very likely that it will need to use the additional portables. Joe stated that GECA has been capped. Trustee Child has heard from faculty and staff about displacement related to the high school program. John reported that the average load for freshmen (67) this past year was over 5 units per head with the same pattern for the 75 freshmen enrolled this year and sophomores at 7-8 units. The GECA program has a new interim principal, Mary Ann Boylan, former Assistant Superintendent at GUSD. The district has changed its in direction in limiting the overexposure of students in college classes. The GUSD has reframed their philosophy to a five year track instead of a four year track. As the students come into the senior level it is expected that they will be at a 12-15 unit load. If the state funds growth this will perhaps pay for some of infrastructure that the college has had to pay up front, but probably not realize this until the fourth year. Trustee Smith suggested the possibility of renegotiating the contract with GUSD.

(k) BFGC Architect Planners, Inc. (BFGC) Amendment to Project Assignment Amendment (PAA)

MSC (Smith/Robinson) unanimously carried to approve amendment to Project Assignment Amendment (PAA).

(l) Kitchell CEM Amendment to Project Assignment Amendment (PAA)

MSC (Robinson/Child) unanimously carried to approve amendment to Project Assignment Amendment (PAA).

(m) Capital Project Change Order

MSC (Perry/Robinson) unanimously carried to approve the capital project change order.

V. CLOSING ITEMS

1. The next regularly scheduled Board meeting is January 13, 2009, Gavilan College, Student Center.

2. The meeting was adjourned at 9:30 p.m.

*Roll Call Vote

MSC (Motion/Second/Carried)