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Regular Meeting
Berkeley USD
August 23, 2017 6:00PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 6:00 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 6:00 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 


2. Closed Session Public Testimony
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

3. Closed Session
Quick Summary / Abstract:

The Board may recess into Closed Session before or after the public meeting under the authority of the Brown Act (including but not limited to Government Code section 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as Education Code section 35146).  Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda, before Closed Session.

3.1. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.8)
3.1.1. Claim No. 16-087970
3.1.2. Claim No. 2006045891
3.1.3. Claim No. PER1603439
3.1.4. Claim No. EMP1501604
3.2. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
3.3. Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley -- UBA Negotiations (Government Code Section 54957.6)
4. Call to Order - 7:30 PM
5. Swearing in of New Student Board Directors
6. Approve Regular Meeting Agenda of August 23, 2017
Rationale:
1.  Call to Order
The Presiding Officer will call the meeting to order at 6:00 p.m. The Regular Meeting will convene by 7:30 p.m. 

2.  Closed Session Public Testimony

Persons wishing to address the Board should fill out a green speaker card. Cards 
turned in by 5:45 p.m. will be given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic, although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

3.  Closed Session
The Board may recess into Closed Session before or after the public meeting under the authority of the Brown Act (including but not limited to Government Code sections 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as 35146) Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda. 

3.1 Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.8)
3.1.1 Claim No. 16-087970
3.1.2 Claim No. 2006045891
3.1.3 Claim No. PER1603439
3.1.4 Claim No. EMP1501604
3.2 Public Employee Discipline/Dismissal/Release (Government Code Section 54957) 
3.3 Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley – UBA Negotiations (Government Code Section 54957.6)

4. Call to Order - 7:30 PM

5. Swearing in of New Student Directors

6. Approve Regular Meeting Agenda of August 23, 2017

7. Report on Closed Session

8. A Recap of 2016-2017: Photo Slideshow Retrospective Highlights

9. Recognition of Javetta Cleveland


10. Open Session Public Testimony (1st Opportunity)
Persons wishing to address the Board should fill out a green speaker card. Cards turned in by 7:15 p.m. will be given priority. Public Testimony is strictly limited to 30 minutes with a 3-minute limit per speaker per topic, although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 
11.  Union Comments
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union (order rotates).

Unions
Berkeley Federation of Teachers (BFT)
Berkeley Council of Classified Employees (BCCE)
Union of Berkeley Administrators (UBA)
Local 21

12.  Committee Comments
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue. 5 minutes per committee.

13.  Board Member and Superintendent Comments
       Board members and the Superintendent are given the opportunity to address  
       any issue.

14.  Consent Calendar
14.1 Approval of Human Resources Report
14.2 Approval of New Classification: Lead Accounting Technician 
14.3 Approve Amended Employment Contracts for Administrators
14.4 Approve Change in BUSD Representative for the Northern Alameda County Regional Consortium for Adult Education
14.5 Approval of Out-of-State Travel Request
14.6 Approval of Overnight Field Trip Requests
14.7 Approval of new 11th and 12th Grade Academy of Medicine and Public Service (AMPS) Honors English Courses
14.8 Approval of FY 2017-2018 Mandate Block Grant (MBG) Funding  
14.9 Approval of the 2017-2018 Consolidated Application for the Funding of Categorical Aid Programs
14.10 Approval of Contract for Bay Area Community Resource (BACR) After School Program at Jefferson Elementary School 
14.11 Approval of Master Contracts for Non Public Agencies for the 2017-2018 School Year
14.12 Approval of Master Contracts for Non Public Schools for the 2017-2018 School Year
14.13 Approval of Master Contract for Non Public Residential Facility Services for the 2017-2018 School Year
14.14 Ratification of Payment to Esther B. Clark School, Center for Early Intervention on Deafness, Seneca Center and Bright Path Therapists
14.15 Ratification of of Amended Contracts with Bright Path Therapists, Educational Support Services, and Speech Pathology Group for the 2016-2017 School Year
14.16 Approval of Payroll Warrants for June 2017
14.17 Approval of Payroll Warrants for July 2017
14.18 Approve Listing of Accounting Warrants for June 2017
14.19 Approve Listing of Accounting Warrants for July 2017
14.20 Approval of Contracts/Purchase Orders for Services Contracts
14.21 Acceptance of Gifts/Donations
14.22 Approval of Ryland School Business Consulting for Interim Fiscal Support
14.23 Ratification of District Insurance Premiums and Broker Fees for FY 2017-2018
14.24 Ratification of District Insurance Plan Changes and Fees for FY 2017-2018
14.25 Approve Revisions to BP1230: Websites and Social Media by School-Connected Organizations; BP1113: Official District and School Websites; and BP1114: District-Sponsored Social Media
14.26 Approval of the Creation of a Pool of Topographic Survey Consultants and Contract for Topographic Survey Services at West Campus
14.27 Approval of Board of Education Meeting Minutes for June 28, 2017

 
15. Discussion Items
15.1
Update on Analysis for Building Rental Housing Units for District Employees (30 min)

16. Action Items
16.1 Approval of Budget Cut Target for 2018-2019 (30 min)
16.2 Annual Declaration of Need for Fully Qualified Educators (5 min)
16.3 Approval of Public Disclosure of Collective Bargaining Agreements (AB1200) (5 min)
16.4 Approval of Tentative Agreement with Union of Berkeley Administrators (UBA) and Local 21 (5 min)


17. Information Items
17.1 P-A School Average Daily Attendance and October Enrollment Summaries
17.2 Williams Quarterly Report
17.3 Facilities Plan Update


18. Open Session Public Testimony (2nd Opportunity)
Persons wishing to address the Board should fill out a green speaker card. Cards turned in for the earlier open session public testimony will be given priority.  Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President.

19. Extended Board Member and Superintendent Comments
Board members and the Superintendent are given the opportunity to address any issue.

20. Adjournment


 
7. Report on Closed Session
8. A Recap of 2016-17: Photo Slideshow Retrospective Highlights
9. Recognition of Javetta Cleveland
10. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:15 p.m. will be given priority.        

Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 30 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

11. Union Comments
Quick Summary / Abstract:
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union. (Order rotates).
12. Committee Comments
Quick Summary / Abstract:
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue.  5 minutes per committee.
13. Board Member and Superintendent Comments
Quick Summary / Abstract:

Board members and the Superintendent are given the opportunity to address any issue.  

14. Consent Calendar - approval requested
14.1. Approval of Human Resources ReportWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:       August 23, 2017
SUBJECT:      Approval of Human Resources Reports

BACKGROUND INFORMATION:
On a regular basis, staff presents Human Resources Reports listing employment actions for the Board to approve officially. Please refer to attached reports for details.







 
Attachments:
Certificated Personnel Report 08.23.17
Classified Personnel Report 08.23.17
14.2. Approval of New Classification: Lead Accounting Technician
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Donald Evans, Ed.D, Superintendent
FROM:           Javetta Cleveland, Deputy Superintendent
DATE:             August 23, 2017
SUBJECT:     Lead Accounting Technician

BACKGROUND INFORMATION:
The Accounts Payable Department has three Accounting Technicians that currently process the District’s payments to vendors and reimbursements to employees within the District’s guidelines and procedures.  The process would be improved if one Accounting Technician was made a Lead, and provided hands-on day to day review of work produced by the department, with higher level review still being performed by the Supervisor.  

Under general supervision, the Lead Accounting Technician would perform a variety of technical accounting tasks including reviewing, identifying, documenting and resolving discrepancies in Accounts Payable accounting batches prepared by other employees in the department and provide day-to-day work direction as needed.

This request to establish this position was submitted to the Personnel Commission on August 11, 2017, and will be resubmitted for their approval pending board approval.

FISCAL IMPACT:
The ongoing cost from base grant funds is $4,000 which will be funded within the current budget without additional need for base grant funds.

STAFF RECOMMENDATION:
Staff is recommending that the Board approve the Lead Accounting Technician position.  


 
14.3. Approve Amended Employment Contracts for Administrators
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education
FROM:         Donald Evans, Ed.D., Superintendent
DATE:          August 23, 2017
SUBJECT:   Ratification of Renewal of Employment Contracts for Administrators

BACKGROUND INFORMATION:
The Board of Education authorized the Superintendent to amend employment contracts for administrators:

      Pauline Follansbee, Interim Assistant Superintendent of Business Services  08/24/17-06/30/19

      Pauline Follansbee, Director of Fiscal Services 09/01/17-06/30/19

      Pasquale Scuderi, Associate Superintendent of Educational Services 09/01/17-06/30/19

      Evelyn Tamondong-Bradley, Assistant Superintendent for Human Resources  09/01/17-06/30/19 

POLICY/CODE:
Education Code sections 44929.28, 45100.5, and 45103

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Ratify the employment contracts for administrators.


 
Attachments:
Assistant Superintendent of Human Resources
Associate Superintendent
Director of Fiscal Services
Interim Assistant Superintendent of Business Services
14.4. Approve Change in BUSD Representative for the Northern Alameda County Regional Consortium for Adult Education
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D, Superintendent
FROM:          Javetta Cleveland, Deputy Superintendent
DATE:            August 23, 2017
SUBJECT:     Approve change in BUSD Representative for the Northern Alameda County Regional Consortium for Adult Education

BACKGROUND INFORMATION:
In 2013-14, State legislators passed AB 86, which called for the development of local regional consortia comprised of representatives from community college districts, K-12 districts, and other organizations that serve a role in adult education (each consortium was defined by the boundaries of a community college district).  The Berkeley, Alameda County Office of Education, Alameda, Oakland, Piedmont, Albany, and Emeryville school districts and the Peralta Colleges formed the Northern Alameda County Regional Consortium for Adult Education. 

In 2015-16, State legislators passed Assembly Bill 104, which is the Education Finance Bill. Article 9 in the bill establishes the Adult Education Block Grant (AEBG) that will replace the AB86 Adult Education Planning Grant funding with a more permanent source of funding for adult education programs. This legislation establishes initial guidelines for consortiums developed under AB86 to receive and distribute AEBG funding and further delineates governance structure and participation responsibilities for the participating educational agencies. All agencies that continue in the consortium as members shall commit to reporting all funds available for the purpose of educating and preparing adults for the workforce and how the funds are spent. In addition, members of the consortium shall be represented only by an official or officials (it is up to each local consortium to decide its own governance structure) designated by the governing board of the member school district.

The Board previously approved Javetta Cleveland to the Executive Board of the Northern Alameda Adult Education Consortium (NAAEC) who served in the position for two years.  During that time, bylaws and a Joint Powers Agreement (JPA) were established and approved the Executive Board.  As part of the Joint Powers Agreement (JPA), BUSD, was locked into the Maintenance of Effort funding level for 2014-15 of $2.7 million annually.  Staff is recommending that the Board replace Javetta Cleveland with Pasquale Scuderi, Assistant Superintendent of Educations Services beginning August 24, 2017.

Participation guidelines stipulate that member districts of the consortium shall participate in any decision made by the consortium.  The proposed decisions must be considered at open, properly noticed public meetings of the consortium with time for public comments; the decisions made in consortium oversight committee meetings are final.

The person designated shall provide input and make decisions in the following areas:

  1. Actions that members of the consortium will take to address the educational needs of adults identified in the initial report to the state. 
  2. Actions that members of the consortium will take to improve the effectiveness of services provided.
  3. Actions that members and partners of the consortium will take to improve integration of services and student transitions to post-Adult Education employment and education.
  4. Actions regarding the alignment of adult education programs and services to career pathways and other workforce sector strategies as required in WIOA.
  5. Annual update of Adult Education Plan and approval of new Adult Education Plan every three years.
  6. Annual approval of budget and funding distribution schedule.

FISCAL IMPACT:
None

STAFF RECOMMENDATION: 
Staff requests that the Board approve Pasquale Scuderi, Assistant Superintendent, Education Services, as BUSD’s representative for the North Alameda County Regional Consortium for Adult Education.



 
14.5. Approval of Out of State Travel Request
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald  Evans,  Ed.D.,  Superintendent
FROM:         Tim Mull, Transportation Manager
DATE:          August 23, 2017
SUBJECT:   Out of State Travel Request

BACKGROUND INFORMATION:
The following out of state travel is being requested:

BusCon, Buses, Technology, Solutions for the Industry conference – Indianapolis, IN

 Approval for Shop Supervisor, Stephen Williams, to attend a three-day, three-night convention at the Indiana Convention Center. Registration, lodging and travel to and from the facility is $1,239.

The training classes include but are not to be limited to the following:

Managing vehicle technology, Data workshops to positively impact fiscal bottom line, customer service strategies, electric and alternative fuel implementation, risk reduction in the shop, labor and staffing strategies and compliance workshops.

This training workshop will be an invaluable resource for the Transportation Department as we provide fiscally sound support to Berkeley Unified School District fleet safety and management.


FISCAL IMPACT:
$1,239 to be paid from the Transportation General Fund Budget.

STAFF RECOMMENDATION:
Approve the out of state travel consistent with the District Policy.


 
14.6. Approval of Overnight Field Trip Requests
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         August 23, 2017
SUBJECT:  Approval of Overnight Field Trips

BACKGROUND INFORMATION:
The following overnight field trips are being requested:

Camping at Presidio, San Francisco, CA, September 28-29, 2017
Approve participation of thirty (30) Willard leadership students known as The Ambassadors-comprised of 7th and 8th graders, 3 teachers and 5 other adult from Willard Middle School on a two-day, one-night field trip to Camping at Presidio in San Francisco. The group will depart Willard Middle School at 9:30 a.m. on Thursday, September 28th, and return at 12:00 p.m. on Friday, September 29, 2017.  The Ambassadors will work closely with Willard’s Positive Behavior Intervention Support Team to promote kindness, respect, responsibility, safety empathy, teamwork, and getting along together as a group in both the planning and execution of the trip. In addition, there is a physical education dimension to the trip. Students will be taking 3-mile hikes each day, engage in cooperative, team-building group activities and games which require both stamina and ingenuity. The spirit of cooperation is woven into each activity including meal preparation and clean up, tent living, and campfire activities.  An outside bus carrier approved by BUSD will provide transportation.  Students will sleep in gender specific tents on the grounds.  There is no cost to the students; the trip is funded by family donations and Willard PTA funding.  No student will be denied access based on inability to pay. Requested by Debbie Dean, Willard Principal.

Mosaic Project Camp, Napa, CA,  September 18-22, 2017
Approve participation of twenty-five (25) fourth-grade students, 1 teacher and no other adults on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Cragmont Elementary at 9:00 a.m. on Monday, September 18th, and return at 3:00 p.m. on Friday, September 22, 2017. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $395.00 per student will be paid by grants, PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Michelle Sinclair, Cragmont Principal.

Mosaic Project Camp, Napa, CA,  September 25-29, 2017
Approve participation of twenty-six (26) fourth-grade students, 1 teacher and no other adults on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Cragmont Elementary at 9:00 a.m. on Monday, September 25th, and return at 3:00 p.m. on Friday, September 29, 2017. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $395.00 per student will be paid by grants, PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Michelle Sinclair, Cragmont Principal.

Mosaic Project Camp, Napa, CA,  October 2-6, 2017
Approve participation of twenty-five (25)  fourth-grade students, 1 teacher and no other adults on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Cragmont Elementary at 9:00 a.m. on Monday, October 2nd, and return at 3:00 p.m. on Friday, October 6, 2017. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $395.00 per student will be paid by grants, PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Michelle Sinclair, Cragmont Principal.

BHS AMPS Junior Retreat-Applegate, CA, October 25-26, 2017
Approve participation of fifty-five (55) B.H.S. eleventh grade Academy of Medicine and Public Service (AMPS) students, and five teachers on a two-day, one-night field trip to the Jesuit Retreat Center.  The group will depart Berkeley High School on Wednesday, October 25th, at 8:00 a.m., and return Thursday, October 26, 2017 at 3:30 p.m. AMPS Juniors will participate in a Junior Retreat /Community Building. The goal is to build a sense of purpose and show them the support they can provide one another as well as the support that they have within and from their teachers and families.  The retreat provides a space to reflect on the relationship between this support and academic success.  Students will stay in gender specific cabins. Michaels will provide transportation.  The total cost of $100 per student will be paid from AMPS/CPA Grant funding. No student will be denied access based on inability to pay.  Requested by: Erin Schweng, BHS Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the out of state travel and overnight field trips consistent with the District Policies and instructional programs.


 
14.7. Approval of new 11th and 12th Grade Academy of Medicine and Public Service (AMPS) Honors English Courses
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Dr. Donald Evans, Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services                  
DATE:         August 23, 2017
SUBJECT: Request for Approval - New 11th and 12th Grade AMPS Honors English Courses

The Academy of Medicine and Public Service (AMPS) at Berkeley High School is requesting Board approval for two new English courses, both from the University of California Curriculum Integration Program (UCCI). UCOP-approved course descriptions are attached.

11th grade - Literacy, Advocacy, and Public Service - Advanced English in Public Service Work (Honors)

12th grade - Reading and Writing Your Way to a Healthier World: Advanced English and Public Health (Honors)

BACKGROUND INFORMATION:
In the 2017-2018 School Year we are proposing to enhance the AMPS program of study  through contextualized English language arts courses that both offer honors credit and enhance and deepen the Career and Technical Education (CTE) components of our course sequence  . This change will eliminate the need for AP augmentation in the junior and senior year. These two courses were created by the University of California through the UC Curriculum Integration Institute (UCCI) and are on the pre-approved UCCI program list. Both of these courses will provide transferrable, 4-year language arts credit as well as honors credit that allows for a bump in grade point average similar to an Advanced Placement (AP) class.

This is the first in a series of proposed changes to improve the sequencing and rigor of the AMPS curriculum. UC Curriculum Integration (UCCI) has done new work on developing honors-level, contextualized courses specifically for public health CTE pathways, which we expect to build upon. Over the next year we will be preparing to add contextualized honors-level history classes. In addition we have been piloting early college credit coursework in our 11th grade CTE course, Community Service Professions and plan to integrate early college credit into our senior capstone class as well.

We encourage the Board to support these changes as they represent  the AMPS program’s efforts to restructure our pathway and  better align it with both CTE and public health standards. These efforts make  us a more solid health academy for students who select AMPS because of their interest in health careers. Adopting these rigorous, contextualized, honors-level public health courses is crucial to strengthening our program. Since the U9 proposal has been approved, the student assignment system will be changing to an application process, for which each of the pathways need to offer a strong, clearly defined program of study.  These structural changes are necessary to continue developing AMPS as a public health academy.

FISCAL IMPACT:
AP training for our new hire will no longer be needed and it will save the expenditures for both 11th and 12th grade AP training.  The honors-level rigor will be accomplished during the school day and an augmentation period and additional will not be required for AMPS.


 
Attachments:
Advanced English in Public Service Work
Reading and Writing Your Wat to a Healthier World
14.8. Approval of FY 2017-18 Mandate Block Grant (MBG) Funding
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Donald Evans, Ed.D., Superintendent  
FROM:          Javetta Cleveland, Deputy Superintendent  
DATE:          August 23, 2017
SUBJECT:     FY 2017-18 Mandate Block Grant (MBG) Funding

BACKGROUND INFORMATION:
Beginning in Fiscal Year (FY) 2012-13, funds for mandated cost reimbursements became available through a newly established Mandate Block Grant (MBG) to support state mandated activities. Pursuant to the new legislation, school districts make an annual choice to receive funds for mandated activities, either through the MBG or through the claim reimbursement process.

The enacted State Budget provides funding for Mandate Block Grant (MBG) for fiscal year 2017-18.  These funds are unrestricted in use. 

Allocation of funds is based on average daily attendance (ADA) calculated as of the second principal (P-2) apportionment for the 2016-17 fiscal year.  For fiscal year 2016-17, the District will receive $30.34 per ADA for students in grades K through eight, and $58.25 per ADA for students in grades 9 through 12.

In order to receive the funding appropriated in the 2017 Budget Act, the District must opt-in to the MBG program by August 30, 2017. This will replace the mandated claim reimbursement program which could result in more revenue, but is not guaranteed from the State in the near future.

Staff is recommending that the District opt-in for fiscal year 2017-18, to receive guaranteed funding of $359,800.

FISCAL IMPACT:
An additional $359,800 in the General Fund budget for FY 2017-18

STAFF RECOMMENDATION:
Opt into the MBG for FY 2017-18 to receive guaranteed state funding of $359,800.




 
14.9. Approval of the 2017-2018 Consolidated Application for Funding Categorical Aid Programs
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Dr. Donald Evans, Superintendent
FROM:  Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:   August 23, 2017
SUBJECT: Approval of the 2017-2018 Consolidated Application for Funding Categorical Aid Programs

BACKGROUND INFORMATION:
The Consolidated Application (ConApp) for Funding is submitted annually to the California Department of Education to request funding for categorically funded programs. The current application requires the submission of fiscal categorical program funding data and reports on expenditures and activities provided by schools and the district. The new ConApp will be submitted two times per year, in February and June. Each submission requires a different set of data and reports be submitted online. Board approval is required for the June submission as there are basic legal assurances for all of the categorical programs to indicate that the school district will comply with the requirements for the following program funds.

Federal funds for special needs students included in the application are:
Title I, Part A Basic Grant – Low Income, NCLB Sec. 101
Title III, Part A – LEP and Immigrant Students, NCLB Sec. 301
Federal funds for School Improvement and Professional Development included in the application are:
Title II, Part A – Teacher Quality, NCLB Sec. 201

A complete copy of the Consolidated Application is available in the board room for public viewing.

POLICY/CODE:
Education Code Section 64000-64001

FISCAL IMPACT:
Approximately $1,151,531.00 in categorical funding

STAFF RECOMMENDATION:
Approve the Consolidated Application for Categorical Aid programs.

 
14.10. Approval of Contract for Bay Area Community Resource (BACR) After School Program at Jefferson Elementary School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:        August 23, 2017
SUBJECT: Approval of Afterschool Provider for Jefferson Elementary School

BACKGROUND INFORMATION:
Bay Area Community Resources (BACR) has previously provided fiscal and program management services to the JAZ Afterschool program starting in school year 2010-11 and continuing through most of 2015-16 and during the entire 2016-17 school year.

Staff is requesting the Board to approve renewal of agreement with Bay Area Community Resources (BACR) as the afterschool provider and fiscal agent for Jefferson Elementary After School program effective August 24, 2017 for two years.  BACR is the best choice due to their experience with the JAZ program and continued support from the Jefferson school staff and community.  The Principal, Afterschool Program Supervisor and Assistant Superintendent of Business Services will meet quarterly during the school year to provide program and fiscal oversight as done in prior years.  The JAZ parent community supports the renewal of this agreement.

BACR has been providing after school programs for over two decades. Currently BACR operates programs at 26 schools in Oakland, 15 schools in West Contra Costa, 5 schools in Alameda, 6 schools in San Rafael, 12 schools in San Francisco and 11 in Mt. Diablo.  BACR is the fiscal sponsor for over 40 schools in the Bay Area and the District’s vendor for mental health services.

POLICY/CODE:
N/A

FISCAL IMPACT: 
BACR will be receiving 10% administrative fee of approximately $22,000 annually from parent fee revenue.  This is the same administrative percentage as agreed upon in prior agreements.

STAFF RECOMMENDATION:
Staff is requesting approval to enter into an agreement with Bay Area Community Resources for fiscal year 2017-18 and 2018-19.  

 
14.11. Approval of Master Contracts for Non Public Agencies for the 2017-2018 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:        Lisa Graham, Director, Special Education
DATE:       August 23, 2017
SUBJECT:     Approval of Master Contracts for Nonpublic Agency Services for the 2017-18 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.

Non Public Agency

Estimated Total Cost

InterCare Therapy, Inc.

$93,000

Total

$93,000

 

 

POLICY/CODE:
Education Code 39800
Board Policy 3310        

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $93,000 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the Master Contract for the Nonpublic Agency listed above.

 
14.12. Approval of Master Contracts for Non Public Schools for the 2017-2018 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:         Lisa Graham, Director, Special Education
DATE:          August 23, 2017
SUBJECT:     Approval of Master Contracts for Nonpublic Schools for the 2017-2018 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available.  For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

Transportation costs are included in the special education transportation budget.  All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

Non Public Schools

# of Students

Estimated Total Cost

Ala Costa Center

25

$484,000

CEID

1

$58,561

Cypress School

1

$107,888

La Cheim School

2

$88,200

The Phillips Academy

2

$95,553

Point Quest Education

1

$77,262

Star Academy

1

$72,400

Total

33

$983,864

POLICY/CODE:
Education Code 39800
Board Policy 3310        

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $983,864 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the increases to Master Contracts for the Nonpublic Schools listed above.

 
14.13. Approval of Master Contract for Nonpublic Residential Facility Services for the 2017-2018 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Lisa Graham, Director, Special Education
DATE:        August 23, 2017
SUBJECT:  Approval of Master Contract for Nonpublic Residential Facility Services for the 2017-2018 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available.  For students requiring residential treatment in a facility within or outside of California, the costs include tuition for educational services, room and board, mental health counseling and transportation. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

Residential facilities and schools must be approved by the California Department of Education even when they are located out-of-state.  Services are provided pursuant to Ed. Code Section 56365. Students enrolled in nonpublic residential schools are deemed enrolled in public schools.

Residential

Non-Public School

# of Students

17-18 Tuition

17-18 Room & Board

Estimated Total Cost

 

Autism Treatment Center (ATC)

1

$82,175

$107,704

$189,879

POLICY/CODE:
Education Code 39800
Board Policy 3310        

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $189,879 funded from the Special Education Budget. 

STAFF RECOMMENDATION:
Approve the Master Contract for the Nonpublic Residential Facility listed above.

 
14.14. Ratification of Payment to Esther B. Clark School, Center for Early Intervention on Deafness, Seneca Center and Bright Path Therapists
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Lisa Graham, Director, Special Education
DATE:        August 23, 2016
SUBJECT:  Ratification of Payment to Esther B. Clark School, Center for Early Intervention on Deafness, Seneca Center and Bright Path Therapists

BACKGROUND INFORMATION:
The District contracted with Esther B. Clark School for 1 BUSD student for the 2015-2016 SY.   P.O. # 161041 was encumbered for $99,003.10 for 2015/2016 SY.  In March 2016, another BUSD student was placed at Esther B. Clark School.  The 3/2016 through 6/2016 services exceeded the P.O. by $26,573.95.

The District contracted with C.E.I.D. – Center for Early Intervention on Deafness for 3 BUSD students for the 2015-2016 SY.  P.O. # 160816 was encumbered for $142,120.00 for the 2016-2016 SY.  In March 2016, another BUSD student was placed at C.E.I.D.  The 3/2016 through 6/2016 services exceeded the P.O. by $29,018.51.

The District contracted with Seneca Center for Counseling Enriched classrooms and classroom support services for 2015-2016 SY. $ 330,000.00  P.O. # 161337 was encumbered for $330,000.00 for the 2015-2016 SY.  The  5/2016 through 6/2016 services exceeded the P.O. by $34,290.00.

The District contracted with Bright Path Therapists for 49 BUSD students for Physical and Occupational Therapy for the 2015-2016 SY.  P.O. # 160668 was encumbered for $ 169,895.46 for 2015-2016 SY.  From January through June 2016 we had to Contract with Bright Path to backfill a staff vacancy.  1/2016 through 6/2016 services exceeded the P.O. by $ 134,070.22.

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
$223,982.68 from the Special Education Budget    

STAFF RECOMMENDATION:
Approve payments to Esther B. Clark School, Center for Early Intervention on Deafness, Seneca Center and Bright Path Therapists for 2015/2016.

 
14.15. Ratification of Amended Contracts with Bright Path Therapists, Educational Support Services and Speech Pathology Group for 2016 – 2017 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D, Superintendent
FROM: Lisa Graham, Director of Special Education
DATE: August 23, 2017
SUBJECT: Ratification of Amended Contracts with Bright Path Therapists, Educational Support Services and Speech Pathology Group for 2016 – 2017 School Year

BACKGROUND INFORMATION:
The Board previously approved contract with Bright Path Therapists for services of a 2.5 FTE for Occupational Therapists (Total of 368 days – 8 hours per day) at a cost of $229,800. Bright Path also provides services of Physical Therapists at a cost of $108,670 for a total Contract for the 2016-2017 School Year for a total of $338,470. We are asking for Ratification of Contract for 2016-17 SY for an additional amount of $65,995 for a total $409,465. The reason for this increase is for services required to fill positions for District staff out on maternity leave.

The Board previously approved $281,580 for a projected five BUSD Special Education students. Educational Support Services, renamed Juvo, took over Intensive 1:1 Behavioral Services when On Our Own stopped service in March 2017.  Staff is requesting a ratification of an amended contract of $75,664 for a total of $357,224 for two additional Special Education students that required services from Educational Support Services/Juvo during the regular school year and for Extended School Year.

The Board previously approved contract with Speech Pathology Group to provide Speech and Language services for Special Education students in the Public and Private schools for $938,860.85.  Staff is requesting a ratification for an increase of $108,002 for the 2016-17 school year for a total of $1,048,362. The reason for this increase is for the provision of Intensive 1:1 Behavioral Services when On Our Own stopped service in March 2017 as well as for the provision of Speech and Language services for Special Education students during Extended School Year.

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
The fiscal impact of these services is $216,855 funded from the Special Education Budget.  These amounts will require an additional contribution from the general fund.  

STAFF RECOMMENDATION:
Ratify Amended Contracts to Bright Path Therapists, Educational Support Services and The Speech Pathology Group for FY 2016-2017 services in the amount of $216,855.


 
14.16. Approval of Payroll Warrants for June 2017
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Director of Fiscal Services
DATE:         August 23, 2017
SUBJECT: Approval of Payroll Warrants Issued in June 2017

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid to employees during a month.  The attached represents a summary of pay warrants from various funds for the month of June 2017.

POLICY CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,087,799.68, for June 2017 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in June 2017.

 
Attachments:
Payroll Warrants June 2017
14.17. Approval of Payroll Warrants for July 2017
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Director of Fiscal Services
DATE:         August 23, 2017
SUBJECT: Approval of Payroll Warrants Issued in July 2017

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid to employees during a month.  The attached represents a summary of pay warrants from various funds for the month of July 2017.

POLICY/CODE: 
Educational Code 41010 et seq.

FISCAL IMPACT:
$7,769,704.44, for July 2017 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in July 2017.

 
Attachments:
July Payroll Warrants document
14.18. Approve Listing of Accounting Warrants Issued in June 2017
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Director of Fiscal Services
DATE:        August 23, 2017
SUBJECT: Approve Listing of Warrants issued in June 2017.

BACKGROUND INFORMATION:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of June is attached for the Board’s review.

POLICY/CODE:

Educational Code Section 41010 et seq.

FISCAL IMPACT:
$5,132,858.14 for the month of June 2017 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of June 2017.

 
Attachments:
BILL WARRANTS FOR JUNE 2017
14.19. Approve Listing of Accounting Warrants Issued for July 2017
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Director of Fiscal Services
DATE:        August 23, 2017
SUBJECT: Approve Listing of Warrants issued in July 2017.

BACKGROUND INFORMATION:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of July is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$4,265,409.12 for the month of July 2017 from various funds.  


STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of July 2017.

 
Attachments:
July Bill Warrants
14.20. Approval of Contracts Purchase Order for Service Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:        August 23, 2017
SUBJECT:   Approval of Contracts/Purchase Orders for Services Contracts 

BACKGROUND INFORMATION:
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. The following contract services are requested. Expenditures are within budget.

  1. Neil Smith to provide coaching and mentoring services for district central office administrators for the period from 7/1/17  –  6/30/18.  The cost will not exceed $10,000.  To be paid from General Fund. Requested by Pasquale Scuderi.
  2. Children’s Hospital & Research at Oakland to provide athletic training services to Berkeley High School for the period from 8/1/17 – 6/30/18. The cost will not exceed $11,750. To be paid from General Fund. Requested by Erin Schweng.
  3. Pamela Harrison-Small to provide ongoing professional development to teachers, administrators, and other staff on cultural awareness and competence for the period from 8/1/17 – 6/30/18. The cost will not exceed $12,000. To be paid from BSEP Fund. Requested by Pasquale Scuderi.
  4. Benjamin Leon Alarcon to provide Spanish Classes at Berkeley Adult School for the period from 8/25/17 – 6/15/18. The cost will not exceed $14,650. To be paid from Adult Education Fund. Requested by Thomas Reid.
  5. Downtown Berkeley YMCA to provide physical educational activities for LeConte Elementary School for the period from 8/29/17 – 7/15/18. The cost will not exceed $34,020. To be paid from Restricted Donations. Requested by Veronica Valerio.
  6. Kala Art Institute, to provide Visual Arts Professional Development and Direct Services for Berkeley Arts Magnet for the period from 9/1/17 – 6/15/18. The cost will not exceed $22,050. To be paid from BSEP and Restricted Donations. Requested by Rene Molina.
  7. Performance Arts Workshop to provide artistic and creative development at Berkeley Arts Magnet Elementary School for the period from 8/29/17 – 6/15/18. The cost will not exceed $25,800. To be paid from Restricted Donations. Requested by Rene Molina.
  8. Downtown Berkeley YMCA to provide physical education activities for Berkeley Arts Magnet Elementary School for the period from 8/30/17-7/16/18. The cost will not exceed $34,020. To be paid from Restricted Donations. Requested by Rene Molina.
  9. Rudy’s Commercial Refrigeration to provide repair services to the Nutrition Services Department for the period from 7/1/17 – 6/30/18. The cost will not exceed $20,000. To be paid from Cafeteria Fund. Requested by Marni Posey.
  10. Mills Teacher Scholars to provide professional development consultation for BUSD preschools for the period from 8/1/17 – 6/30/18. The cost will not exceed $10,850. To be paid from Child Development Fund. Requested by Maria Carriedo.
  11. Downtown Berkeley YMCA to provide physical education activities for Cragmont Elementary School for the period from 9/5/17 - 6/15/18. The cost will not exceed $19,404. To be paid from Restricted Donations. Requested by Hazelle Fortich.
  12. Berkeley Youth Alternatives to provide mentoring services for homeless District students for the period from 8/28/17 – 6/30/18. The cost will not exceed $15,000. To be paid from McKinney-Vento Grant. Requested by Susan Craig.
  13. The Mosaic Project to provide food, lodging and curriculum for Cragmont Elementary students while on a field trip to the Mosaic Camp for the period from 9/5/17 – 6/15/18. The cost will not exceed $22,250. To be paid from the Restricted Donations. Requested by Hazelle Fortich.
  14. Stephanie Allan to provide CTE Program and Curricula development at Berkeley High School and Berkeley Adult School for the period from 7/1/17 – 6/30/18. The cost will not exceed $30,000. To be paid from General Fund. Requested by Wyn Skeels.
  15. Bay Area Community Resources to provide JAZ Afterschool program for Jefferson Elementary for the period from 7/1/17 – 6/30/18. The cost will not exceed $22,000. To be paid from Restricted Donations. Requested by Mary Cazden.
  16. Niroga Institute to provide Mindfulness Academy and Peer Educator training to the District for the period from 9/7/17 – 6/30/18. The cost will not exceed $10,000. Requested by Patricia Saddler.
  17. Hatchuel Tabernik and Associates to provide evaluation resources and reporting per AWARE-C guidelines and timelines for the period from 9/1/17 – 6/30/18. The cost will not exceed $12,400. To be paid from Project Aware Grant. Requested by Susan Craig.
  18. Grundfos CBS Inc. to provide pool pump repair services for the Maintenance Department for the period from 8/1/17 – 6/30/18. The cost will not exceed $13,232.85. To be paid from Measure H. Requested by Steve Collins.
  19. Schoening Group to provide program support for budget implementation for Facilities Department for the 2017/18 SY. The cost will not exceed $21,000. To be paid from Measure I. Requested by Timothy White.
  20. Casey Printing to provide Fall and Spring Brochures to Berkeley Adult School for the 2017/18SY. The cost will not exceed $15,000. To be paid from Adult Education Fund. Requested by Thomas Reid.
  21. Kacy Hatcher Robinson to provide consulting services for teacher recruitment, retention and equity to the District for the period from 8/15/17 – 6/30/18. The cost will not exceed $50,000. To be paid from LCAP Supplemental Grant Fund. Requested by Patricia Saddler.
  22. Christina Jack to provide management of Youth Mental Health First Aid Project AWARE Grant for the period from 7/1/17 – 6/30/18. The cost will not exceed $36,000. To be paid from Restricted General Fund. Requested by Patricia Saddler.
  23. DMMSI to provide consulting services for Marketable Skills Pathway for Berkeley Technology Academy for the period from 8/31/17 – 6/15/18. The cost will not exceed $49,998.77.  To be paid from Career Pathways Trust. Requested by Ardarius McDonald.
  24. Jeff Vincent, UC Berkeley Center for Cities and Schools, and a UC Berkeley graduate student to provide consulting services related to Gender Inclusive Bathroom Policy for the Facilities Department for FY 2017-2018. The cost will not exceed $30,000. To be paid from General Fund. Requested by Timothy White
  25. Sean Doocy, Jeff Vincent, and UC Berkeley Center for Cities and Schools to provide consulting services related to Employee Housing for the Facilities Department for FY 2017-2018. The cost will not exceed $30,000. To be paid from General Fund. Requested by Timothy White.
  26. Increase in contract, PO180031, to Simplex Grinnell to provide fire alarm services for the Maintenance Department. The Board approved $10,000 on 5/31/17. The additional contract amount will increase the cost by $20,000 for a total amount of $30,000. To be paid from Measure H. Requested by Steve Collins.
  27. Increase in contract, to Verde Design Inc to provide a feasibility study for Berkeley High School Tennis Courts . The Board approved $45,000 on 10/19/16. The additional contract amount will increase the cost by $6,000 for a total amount of $51,000. To be paid from Measure AA. Requested by Timothy E. White.
  28. Ratification of contract to Frontline Technologies Inc. to provide the substitute management system (AESOP) utilized by the Human Resources Department for the 2017/18 SY. The cost will not exceed $20,000. To be paid from General Fund. Requested by Evelyn Bradley.
  29. Classroom Matters to provide after school enrichment classes at Cragmont Elementary School for the period from 9/15/17-6/16/18. The cost will not exceed $52,944. To be paid from PTA Donations. Requested by Aaron Jorgensen. 

POLICY/CODE:
Public Contract Code: 20111
Board Policy 3310

STAFF RECOMMENDATION: 
Approve the contracts with Consultants or Independent Contractors as submitted.

 
14.21. Acceptance of Gift/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Donald Evans, Ed.D., Superintendent
FROM:            Javetta Cleveland, Deputy Superintendent
DATE:            August 23, 2017
SUBJECT:
      Acceptance of Gifts/Donations

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board. The following donations have been presented to the District:

  • Donation of $387.58 from Epworth United Methodist Church for materials and food for Cragmont families.
  • Donation of $75.00 from Christ Church East Bay to the Principal’s Discretionary fund for LeConte School.
  • Donation of $100.00 from Wells Fargo Matching Gifts Program to the Principal’s Discretionary Fund for LeConte School.
  • Donation of $40.00 from AT&T Your Cause to the Principal’s Discretionary Fund for Thousand Oaks School.
  • Donation of $40.00 from Your Cause AT&T for the Principal’s Discretionary Fund for Thousand Oaks School.
  • Donation of $76,520.00 from PTA and Dorian Photography for BAM YMCA, Performing Arts, KALA etc.
  • Donation of $2.80 from Box Tops for Education for Principal Discretionary Fund for Rosa Parks School.
  • Donation of $764.77 from Wells Fargo Community Support Campaign for Principal’s Discretionary Fund for Rosa Parks School.
  • Donation of $372.00 for the Principal’s Discretionary Fund for Rosa Parks School.
  • Donation of $50.00 from Dr. Scott McKinzie for Principal’s Discretionary Fund for Malcolm X School.
  • Donation of $500.00 from Donate Well for Principal’s Discretionary Fund for Malcolm X School.
  • Donation of $480.00 from Your Cause, LLC Trustee for Pacific Gas and Electric for Principal’s Discretionary Fund for Malcolm X School.
  • Donation of $300.00 from YourCause, LLC Trustee for Chevron for Principal’s Discretionary Fund for Malcolm X School.
  • Donation of $796.00 from Adobe for Principal’s Discretionary Fund for Malcolm X School.
  • Donation of $50.00 for Principal’s Discretionary Fund for John Muir School
  • Donation of $125.00 from Park Day School Inc. for Principal’s Discretionary Fund for King Middle School.
  • Donation of $1000.00 from In Dolci Jubilo for After-School Learning Program Teacher hourly for Jefferson School.
  • Donation of $125.00 from Wells Fargo Community Support Campaign for the Principal’s Discretionary Fund for LeConte School.
  • Donation of $1,000.00 from Julia A. Sen for the Principal’s Discretionary Fund for LeConte School.
  • Donation of $10,000.00 from Berkeley Public School Fund for 2017-18 Strategic Impact Grant 1-707 “Constructing Meaning” to Akemi Hamai.
  • Donation of $400.00 from Emerson PTA for Art Teacher Lucy Ames to buy additional supplies from Office Depot for weekly art classes for grades K-5.
  • Donation of $1,272.62 from Emerson PTA for Principal’s Discretionary Budget
  • Donation of $93,768.00 from Emerson PTA for CAT – Lucy Ames .40 FTE-$44,815.00, Clerical Assistant – Sandra Guzman at .40 FTE - $25,693.00, YMCA Contract - $21,145.00, Unallocated Reserved - $2,115.00.

STAFF RECOMMENDATION:
Accept  the donations to the District and request staff to extend letters of appreciation. 

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $115,545.82 in donations.

 
14.22. Approval of Ryland Consulting School Business Consulting for Interim Fiscal Support
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 
TO:             Donald Evans, Ed.D, Superintendent
FROM:          Javetta Cleveland, Deputy Superintendent
DATE:           August 23, 2017
SUBJECT:     Approval Contract for Ryland School Business Consulting for FY 2017- 18

BACKGROUND INFORMATION:
Ryland School Business Consulting will provide general financial planning and business services consulting to include Chief Business Officer coaching services for Interim Assistant Superintendent of Business Services.  Coaching services will include general analysis needed for negotiations, charter school oversight, fiscal viability analysis, documentation of procedures, development of financial strategies, cabinet and board preparation, budget assumptions including enrollment growth or decline, and leadership essentials for Nutrition Services, Risk management and Transportation.  Services will also include the following part-time services to backfill for the vacant Director of Fiscal Services position in the Interim:

  • Final review of the closing of the books for 2017-18.
  • Support Liaison between the District and the External Auditor to support the Interim Assistant Superintendent of Business.
  • Support in completion of the MD &A for the 2016-17 final audit report. 
  • Completion of the First Interim Budget and Second Interim Budget (if position is still vacant) including review of the work of the Business Analysts. 
  • Review of cash flows prepared by staff.
  • Preparation of multi-year projections with budget assumptions provided by the Interim Superintendent of Business Services.
  • Preparation and review of unaudited actual and interim budget summaries for budget books with support from the Interim Assistant Superintendent of Business Services.
  • Support to the Senior Business Analyst to provide limited duties while the Director of Fiscal Services is vacant. 
  • Review of budget to actuals, cash, and answer questions from support staff when needed.
  • Support for review of REALM Charter School’s unaudited actuals, First and Second Interim Budgets.

POLICY/CODE:
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $117,300 for 740 hours of services, travel and lodging cost for the period of August 24, 2017 through January 31, 2017 funded from the General Fund.  The savings from the vacant Director of Fiscal position will cover $97,000 of this cost.  Payments will be made monthly until the Director of Fiscal position is filled. 

STAFF RECOMMENDATION:
Approve the Contract with Ryland School Business Consulting.

 
14.23. Ratification of District Insurance Premiums and Broker Fees for FY 2017-2018
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Javetta Cleveland, Deputy-Superintendent
FROM:        Kimberle Sanders, Supervisor Risk Management/Benefits Department
DATE:        August 23, 2017
SUBJECT:   Approval of District Insurance Premiums and Broker Fees for FY 2017-2018

BACKGROUND INFORMATION:
The District has been contracting with Managed Health Network (MHN), to provide the Districts Employee Assistance Plan (EAP). Over the last two years, the unions and staff have received numerous complaints from employees regarding the responsiveness and usefulness of the current plan, with the biggest complaints around the network of providers and how difficult it is to access services. The Health Benefits Cost Containment Committee (HBCCC) asked the District Brokers, EPIC, to find an EAP with broader coverages and a more managed updated network of service providers. EPIC presented Claremont to the Committee as a superior option. Claremont will provide EAP services at a premium to the District of $47,700,which is a 40.96% increase ($13, 860.00 more annually) over our current provider MHN, whose annual premium for FY2017-2018 is $34,560.

After careful review of the process and procedures of the two different providers, The HBCCC committee and staff agree that this premium increase is justified in order to be able to provide BUSD employees and their dependents with a higher a quality more affective EAP program.

POLICY/CODE:
Labor Code Sections 3700 to 3705

FISCAL IMPACT:
The 40.96% ($13,860.) annual increase for Claremont is within the General Fund Budget.

STAFF RECOMMENDATION:
Approval of Claremont as a new vendor and payment for insurance premiums and broker cost for Fiscal Year 2017-2018.


 
14.24. Ratification of District Insurance Plan Changes and Fees for FY 2017-2018
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Javetta Cleveland, Deputy-Superintendent
FROM:        Kimberle Sanders, Supervisor Risk Management/Benefits Department
DATE:        August 23, 2017
SUBJECT:   Ratification of District Insurance Plan Changes and Fees for FY 2017-2018

BACKGROUND INFORMATION:
The Districts current Life insurance Carrier, MetLife provides basic life insurance for all qualified employees, paid for by the District, and optional additional life insurance at a cost paid by the employee. The annual premium to the District for this coverage is $37,095.96 per year. The renewal premium for MetLife increased this year by 16.30% with a one-year rate guarantee until January 1, 2019. Historically, MetLife has been challenging to work with on the administrative level. The new provider, Lincoln will provide the District and employee’s more benefits for an annual premium of $28,353.60, which is 11.11% decrease in cost with a 3-year rate guarantee, until January 1, 2021. Lincoln will grandfather all existing optional life agreements for employees, and offer all employees a onetime initial purchase opportunity up to $300,000 of life insurance coverage without insurability, and without any income restrictions for both themselves and their dependents. Lincoln has an A.M. Best (A+ superior) for service and financial security. The Health Benefits Cost Containment Committee (HBCCC) voted unanimously to recommend this switch.  

Staff supports the committee’s recommendation to change Life insurance providers from MetLife to Lincoln and is requesting approval to contract with them through January 1, 2021 at this rate. 

POLICY/CODE:
Labor Code Sections 3700 to 3705

FISCAL IMPACT:
The 11.11/% savings for Lincoln is within the General Fund Budget.

STAFF RECOMMENDATION:
Ratification of Lincoln as a new vendor for Life Insurance for Fiscal Year 2017-2018.

 
14.25. Approve Revisions to BP 1230: Websites and Social Media by School-Connected Organizations; BP 1113: Official District and School Web Sites; and BP 1114: District-Sponsored Social Media
Rationale:


BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D.
FROM:       Natasha Beery, Director of BSEP and Community Relations;
DATE:        August 23, 2017
SUBJECT: Approve Revisions to BP 1230: Websites and Social Media by School-Connected Organizations; BP 1113: Official District and School Web Sites; BP 1114: District-Sponsored Social Media

BACKGROUND INFORMATION:
The District Communications Team assists the Superintendent in providing timely, useful and accurate information about the district to students, families, staff, community members and the media. Each school site and district program also needs to inform and engage families, students, and the wider community with up-to-date information. Communications channels have multiplied beyond traditional print communications to include websites, e-trees, and social media, some overseen by District or school employees, and some managed by dedicated volunteers from the PTA and other school-connected organizations.

The wide availability of images and information shared on websites, email and through social media has given rise to concerns about accessibility, privacy, security, and appropriate content.  Furthermore, the fact that some channels are managed by staff and some by volunteers leads to questions about how to ensure that best practices are shared district-wide.

Using the California School Board Association (CSBA) guidelines as a starting point, three new Board Policies (BP) and accompanying Administrative Regulations (AR) were drafted by staff and brought to the Board Policy Subcommittee. The Subcommittee took action to forward the proposed policies for Board consideration on the following dates:

BP/AR 1113 “District and School Websites” on April 14 2017

BP/AR 1114 “District-Sponsored Social Media” on May 19, 2017

BP/1230 AR 1230.1 “School-Connected Organizations” on June 27, 2017

The policies went to the Board as information as a first reading on June 28, 2017

STAFF RECOMMENDATION:
Approve BUSD Board Policies 1113, 1114 and 1230.

 
Attachments:
AR 1113
AR 1114
AR 1230.1
BP 1113
BP 1114
BP 1230
14.26. Approval of the Creation of a Pool of Topographic Survey Consultants and Contract for Topographic Survey Services at West Campus
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities
DATE:         August 23, 2017
SUBJECT: Approval of the Creation of a Pool of Topographic Survey Consultants and Contract for Topographic Survey Services at West Campus

BACKGROUND INFORMATION:
Facilities is preparing for renovation and new construction at multiple district sites and it is critical to develop topographic surveys as required at each site to provide information for accessibility path of travel, drainage and underground utilities prior to beginning work. 

A Request for Proposals for topographic survey consulting services was issued on July 6, 2017.  We received three proposals which were reviewed by Staff.  Based on our evaluation we recommend the approval of three firms to create a pool of topographic survey consultants:

  • BKF Engineers
  • Luk and Associates
  • Sandis

The first phase of services at each site includes: obtaining title report, underground utility survey, field topographic survey, boundary survey and composite topographic and boundary base map. 

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT:
Contract award by this action:
Luk and Associates: Not to exceed $19,800: $4,950 for VAPA; $14,850 for West Campus.
This work will be paid from Measure I Bond Funds. 

STAFF RECOMMENDATION:
Approve contract for Luk and Associates for Topographic Survey Consulting Services for West Campus Projects.
 
14.27. Approval of Board of Education Meeting Minutes for June 28, 2017
Rationale:

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702

510-644-6206 

Official Minutes

June 28, 2017 

President Alper called the meeting to order at 7:30pm. He reported that the Board convened to Closed Session at 6:00pm.

Roll Call
Board of Education:
Ty Alper, President – Present,
Josh Daniels, Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present via phone
Judy Appel, Director -- Present 

Administration:
Donald E. Evans, Ed. D, Superintendent

Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

REPORT CLOSED SESSION

President Alper reported out on closed session:

Parent/Student Challenge to Content of Pupil Records (Ed Code 4898(c))

Case No. 1617-SUS3-060900

Motion to accept staff recommendation to expunge student record:
Appel/Leyva-Cutler and approved 3-0
Ty Alper, President – Yes
Josh Daniels, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Absent
Judy Appel, Director –Yes 

Case No. 1617-09-121302
Motion to accept staff recommendation to expunge student record:
Alper/Leyva-Cutler and approved 3-0
Ty Alper, President – Yes
Josh Daniels, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Absent
Judy Appel, Director –Yes

Case No. 1617-10-121302
Motion to accept staff recommendation to expunge student record:
Alper/Leyva-Cutler and approved 3-0
Ty Alper, President – Yes
Josh Daniels, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Absent
Judy Appel, Director –Yes 

Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 549957)
Employee ID No. 5000
Motion to accept staff recommendation:
Alper/Appel and approved 3-0
Ty Alper, President – Yes
Josh Daniels, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Absent
Judy Appel, Director –Yes 

Public Employee Appointment (Government Code Section 54957)
Professional Development Coordinator

Motion to approve the appointment of Suzanne Reed as the new Professional Development Coordinator:
Daniels/Alper and approved 4-0
Ty Alper, President – Yes
Josh Daniels, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Absent
Judy Appel, Director –Yes 

Public Employee Appointment—Authorize the Superintendent to Appoint Certificated Administrators During the Board’s Summer Recess (Government Code Section 54957)

Motion to authorize the Superintendent to appoint certificated administrators during the Board’s summer recess:
Daniels/Alper and approved 4-0
Ty Alper, President – Yes
Josh Daniels, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Absent
Judy Appel, Director –Yes 

Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley—LOCAL 21 Negotiations (Government Code Section 54957.6)

The Board received an update and gave direction to staff. No action was taken.

Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley—UBA Negotiations (Government Code Section 54957.6)
The Board received an update and gave direction to staff. No action was taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of President Alper, action item 12.5 was moved to follow item 12.2. Item 11.10 was pulled from consent and moved to action. Items 11.16 and 14.4 were pulled altogether.

Motion to approve agenda as amended:
Daniels/Appel and unanimously approved 5-0 

PUBLIC TESTIMONY
A total of 12 people addressed the Board:

Nine parents and a teacher spoke in support of the bilingual program at Thousand Oaks. 

Two parents spoke regarding a possible name change for LeConte Elementary School.

 A teacher commented in opposition to the proposed BFT contract.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Leyva-Cutler thanked those who spoke in support of the bilingual program at Thousand Oaks. She looks forward to the conversation among the Board. She also looks forward to the renaming of LeConte.

Director Hemphill congratulated all 2017 graduates. Her next office hours are on the last Saturday of October. She commented that the low Math 1 scores of African American students at Berkeley High are indicative of a crisis. She suggested that the Superintendent create an intervention program to address this issue. She asked that the Board direct the superintendent to create a program to address this crisis.

Director Appel thanked the parents who have been coming out week after week. She addressed the T.O. community saying that regardless of what the outcome is tonight, the Board hears them and knows how important it is for parents to come out and advocate for their children’s needs. In reflecting on the school year, she added that the Board has been functioning well and staff has been working hard in making important decisions. She takes her position as a representative very seriously. She wished everyone a happy summer.

Vice President Daniels alerted the public to AR 7310 which outlines the process for the naming of a school facility. He clarified that the first part of the process is to dename the school. Once the denaming of a school is Board approved, the Superintendent appoints a committee to recommend a new name to the school Board. At least ¾ of committee members must agree on the name before bringing it to the Board for approval. Ultimately, the final decision lies with the Board. 

Superintendent Evans thanked the TO community and for meeting with him last week. He added that this has been a very hard decision ultimately informed by enrollment numbers. He acknowledged the LeConte community for coming forward with the proposed name change. He congratulated all graduates.

President Alper added that in the information item on tonight’s agenda, there is a proposed timeline for the discussion of a name change at LeConte, but if the need arises for a longer timeline, that will be up to the LeConte community. Although the Board ultimately makes the decision, the process should be school site driven. He apologized to the TO community members present for missing the June 20 meeting at TO due to an unforeseen accident. He thanked them all for coming out tonight.

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Leyva-Cutler/Daniels and unanimously approved.

ACTION ITEMS
Public Disclosure of Collective Bargaining
Agreements (AB1200) 

Motion to approve:
Alper/Daniels and unanimously approved 5-0.

Approval of Tentative Agreement with Berkeley Federation of Teachers (BFT) 

Motion to approve:
Leyva-Cutler/Hemphill and unanimously approved 5-0.

Approval of Recommendation Regarding Thousand Oaks Bilingual Program

Assistant Superintendent of Educational Services Pasquale Scuderi gave an overview of the challenges that have informed tonight’s proposed decision with respect to the future of the Thousand Oaks bilingual program. The recommendation is to phase out the existing bilingual program at Thousand Oaks, with the entering kindergarten class in Fall 2017 being the last new bilingual class at the school.  The recommendation is also to appoint a committee from within the Thousand Oaks community to consider and propose a school-wide Latino heritage program with strong Spanish language instructional components. The transition will heavily involve community input. The goal is to present a plan for Board approval in November of 2017 and to initiate the new program in the fall of 2018. Questions and discussion followed.

Leyva-Cutler moved to redefine the bilingual program at Thousand Oaks. No one seconded.

Leyva-Cutlet withdrew her motion.

Alper moved to approve staff’s recommendation to phase out the bilingual program at Thousand Oaks elementary school, with the last new bilingual kindergarten class entering in Fall 2017, as well as for staff to appoint a committee to propose the contours of a school-wide Latino heritage program with Spanish language instructional components.  The motion included a clarification that although the specific charge of the committee is to propose the contours of an all-school Latino heritage program, the committee could also propose additional proposals if it wished.  Motion seconded by Hemphill. Motion passed on a 4-1 vote: 

Ty Alper, President – Yes
Josh Daniels, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – No
Karen Hemphill, Director – Yes
Judy Appel, Director –Yes 

Approval of Local Control Accountability Plan (LCAP)

Motion to approve the 17-18 LCAP:
Daniels/Appel and approved unanimously 5-0.

Approval of Adopted Budget for FY 2017-18

Daniels said that there was consensus to begin discussion around budget cuts. He requested that when the Superintendent brings back recommended cuts, that they include at least $1.5 million in ongoing cuts.

The Board agreed to bring an action item for this matter in August.

Motion to approve adopted budget for FY 2017-18:
Daniels/Appel and unanimously approved 5-0. 

Approval of Suicide Prevention Policy

Appel explained that she pulled this item because of the amount of mental services and support called in the policy that are not currently supported in our schools. This policy shows how much we need mental health services in our schools. 

Motion to approve the suicide prevention policy:
Appel/Daniels and approved 5-0. 

Approve Revisions to BP 4119.11 Sexual Harassment (Personnel) and BP 5143.3 Nondiscrimination/Harassment (Student) 

Motion to waive second reading:
Alper/Daniels and unanimously approved 5-0.

Motion to approve revisions:
Appel/Daniels and unanimously approved 5-0.

Approval of Contracts and Purchase Orders for Service Contracts 

Alper said that he pulled this item in order to get additional information with respect to consulting services with UCB.

Tim White explained that the $80,000 is a not-to-exceed amount to conduct survey among our employees that will inform the kind of housing that is constructed and how to accommodate the needs of our staff. The second analysis would be to begin the second phase of gender neutral facilities.

White amended his recommendation to only include the first analysis that will not exceed $30,000 and to come back to the Board in August for direction on how to proceed with respect to gender neutral facilities.

Motion to approve staff recommendation with an amendment to reduce the not-to-exceed figure to $30,000:
Alper/Daniels and approved 4-1:
Ty Alper, President – Yes
Josh Daniels, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Judy Appel, Director –No

DISCUSSION ITEMS

Board Policy Regarding Student Interviews by District Counsel for First Reading

The Board discussed and reviewed proposed language. This policy will come back for further discussion.

Motion to extend open session to 11:15p.m.:
Alper/Daniels and unanimously approved 5-0. 

Extended Public Comment:

Six people spoke in support of the Thousand Oaks bilingual program.

ADJOURNMENT 11:15 p.m.


 
15. Discussion Items
15.1. Update on Analysis for Building Rental Housing Units for District Employees
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


TO:         Donald Evans, Ed.D., Superintendent
FROM:           Timothy White, Facilities Manager
DATE:             August 23, 2017
SUBJECT:     Update on Analysis for Building Rental Housing Units for District Employees

BACKGROUND INFORMATION:
Passage of SB 1413 (Leno), the Teacher Housing Act of 2016, allows school districts to utilize district owned property for affordable employee housing.  The majority of the housing must be restricted to persons and families of low or moderate income. 

Housing is restricted to rentals only. 

Area Median Income (AMI) for Alameda County is $97,400 for a four person household as established by the Federal Department of Housing and Urban Development (HUD). 

For a one person household 100% of AMI is $68,200.

Extremely Low Income is defined as 30% of AMI

Very Low Income is defined as 50% of AMI

Low Income is defined as 80% of AMI

Moderate Income is defined as 120% of AMI

A table reflecting household size and income level is below:

Household Size                   1 Person        2 Person        3 Person        4 Person       

Extremely Low (30%)          $21,950          $25,050          $28,200          $31,300

Very Low Income (50%)      $36,550          $41,750          $46,950          $52,150

Low Income (80%)               $56,300          $64,350          $72,400          $80,400         

Median Income (100%)      $68,200          $77,900          $87,650          $97,400

Moderate Income (120%)   $81,850          $93,500          $105,200       $116,900

BUSD has approximately 1250 employees (700 Certified, 550 Classified)

Given current salary ranges, it is likely that some employees could qualify as very low to moderate income dependent on family income and size according to HUD standards.

Permitting

The entitlement process would be regulated by City of Berkeley permitting procedures through their Planning and Building departments. 

Financial Sources

Multiple potential funding sources exist.  Each have conditions unique to each funding source. They include:

  • State tax credits
  • Alameda County Affordable Housing Bond – Measure A1, 2016 – $500 Million set aside for North County cities of Albany, Berkeley, Emeryville, Oakland, and Piedmont
  • City of Berkeley Housing Trust Fund
  • Possible BUSD Housing Bond
  • Commercial Lenders

    Example Locations

    To illustrate what could be built (but in no way recommend any particular site), BUSD has four properties where the parcel sizes and City zoning are large enough to accommodate multifamily housing development.   Each site has unique constraints and other potential uses which will ultimately dictate the scope of the final project if they proceed.  These estimates are based solely on use as affordable housing sites. 

  • West Campus: 1222 University Avenue

    Lot Size:   Approximately 40,000 Sq Ft

    Zoning:    General Commercial (C-1) part of University Ave Plan Overlay area.        

    Restricted Multifamily Residential (R-2A)

    Development Capacity: Three Stories at 35 Feet. 

    Potential of fourth story up to 50 feet if density bonus is included. 

    Potential Yield: 150-200 units.

    Unit Mix: Studio, 1, 2 & 3 bedroom apartments

    Estimated Cost*: $48 - $64 Million

  • Oregon/Russell St Maintenance Facility: 1720 Oregon/1707 Russell Street

    Lot Size: Approximately 60,000 Sq Ft

    Zoning: Restricted Two Family Residential (R-2) on Oregon St frontage

    Restricted Multifamily Residential (R-2A) on Russell St frontage

    Development Capacity: Three Stories at 35 feet

    Potential Yield: 50-60 units

    Unit Mix: 1, 2 & 3 bedroom apartments

    Estimated Cost*: $32 Million

  • Berkeley Adult School Parking Lot: 1701 San Pablo Avenue

    Lot Size: Approximately 35,000 Sq Ft

    Zoning: General Commercial (C-1)

    Restricted Multifamily Residential (R-2A)

    Capacity: Four Stories at 50 feet

    Potential Yield: 100-150 units

    Unit Mix: Studio, 1, 2 & 3 bedroom apartments

    Estimated Cost*: $42 - $56 Million

  • Berkeley High School Tennis Courts: 2309 Milvia Street

Lot Size: Approximately 37,000 Sq Ft

Zoning: Commercial-Downtown Mixed Use (C-DMU) Buffer

Capacity: Five Stories at 60 feet

Potential Yield: 50-100 units

Unit Mix: Studio 1, 2 bedroom apartments

Estimated Cost*: $59 - $74 Million

Models from Other Jurisdictions

A few school districts in the State have attempted to provide employee housing using different models.  They are Los Angeles, Santa Clara County, San Mateo County, and San Francisco.   

Survey

Staff survey in Fall 2017

POLICY/CODE:
None

FISCAL IMPACT:
None at this time.

STAFF RECOMMENDATION:
Accept current information report. Bring initial recommendation to Board on how to proceed to build employee housing no later than December 2017

*Estimated cost only.  True costs must be determined by specific capacity studies of each individual site.  



 
16. Action Items
16.1. Approval of Budget Cut Target for 2018-2019
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
                    Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         August 23, 2017
SUBJECT:  Approval of budget cut target for 2018-19

BACKGROUND INFORMATION:
In February 2017, Staff set a preliminary budget cut target of $1.5 million based on multi-year projections calculated along with the 2016-17 First Interim Budget. The preliminary cut target was used to establish a possible list of budget reductions that were prepared by the executive cabinet and discussed with the Superintendent’s budget advisory committee (SBAC) in April 2017. The preliminary budget cut target and possible list of reductions were discussed with the Board on May 3, 2017. There have been some changes and updates that have occurred that impact the budget cut target that was previously established. 

Based on the attached multi-year projection prepared with the adopted 2017-18 budget including adjustments based on the State budget, negotiations, and increase in special education cost, the District will be deficit spending in 2018-19 by a projected $2.4 million.  This deficit is primarily due to increasing cost exceeding increase in State Revenue in 2018-19 including but not limited to negotiated salary increase of 1% ($800,000), negotiated prep time increase for grades K-3 ($400,000), STRS and PERS employer cost increases ($1.2 million), reduction in universal breakfast revenue ($150,000), beginning teacher support (BTSA) cost previously funded from Education Effectiveness Grant funding ($270,000), Berkeley High School redesign ($300,000), projected increase in special education cost (minimum ($500,000) and a reduction in GAP funding percentage for 2018-19 based on enacted State Budget ($200,000).  Step and Column increases for certificated and classified employees, decline in enrollment in 2016-17, and other annual increases (CPI) are also factored into the $2.4 million projected deficit spending.  The District does have $5.6 million in unrestricted fund balance in excess of the 3% State required reserves.  However, if cuts are not made this fund balance will be depleted in the next couple of years.  Additionally, a portion of these funds are designated for targeted students. 

Staff Budget Cut Target Recommendation

Staff recommends a cut target of $1.8 million for fiscal year 2018-19, which will leave a projected deficit of $.6 million and will reduce the projected ending fund balance from $3.2 million to an ending fund balance of $5 million at the end of fiscal year 2018-19.  This ending fund balance will change once the books are officially closed for 2016-17.  Staff is not recommending completely balancing the budget for 2018-19 by cutting $2.4 million since there are early signs that enrollment will be higher than projected for 2018-19, State Gap funding may change, and budget savings may balance the 2018-19 budget at year end. However, additional cuts will most likely be needed in 2019-20 as increasing cost continue to impact the budget and STRS and PERS cost are projected to continue to increase.

A multi-year projection spreadsheet including a $1.8 million cut target is attached.   Staff recommends a multiple year approach to budget reductions, because STRS and PERS costs will continue to increase, the State revenue increases are slowing, special education cost cannot be predicted, and enrollment can impact the revenues up or down.  A multi–year approach will give Staff an opportunity to assess these factors and mitigate reductions in staffing if possible, or reassess and make additional cuts, if needed.  This is the process that the District used during the recession approximately 5 years ago.  A cut target for 2019-20 budget year should be determined in the fall of 2018 and cut targets should continue for the next several years maintaining a relatively balanced budget and reserves above the 3% State requirement.  Based on current multi-year projections (with 2018-19 reduction of $1.8 million) a cut target for 2019-20 would need to be at least $800,000 or more.

The budget should be monitored closely over the next several years as revenues slow and STRS and PERS cost continue to outpace incoming revenue.  Special Education, Nutrition Services and Child Development budgets should also be closely monitored to control cost and maximize revenue where possible. 

FISCAL IMPACT:
An ongoing budget cut target of $1.8 million will significantly balance the 2018-19 budget after removal of one-time revenues and expenditures.  A projected deficit will remain of $.6 million for 2018-19.  Budget reductions for 2019-20 will also most likely be needed.. 

STAFF RECOMMENDATION:
Approve a budget reduction target of $1.8 million in ongoing reductions for the 2018-19 budget year.   

 
Attachments:
MYP with Budget Reductions
MYP with No Budget Reductions
16.2. Annual Declaration of Need for Fully-Qualified Educators
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:          Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:          August 23, 2017
SUBJECT:    Annual Declaration of Need for Fully-Qualified Educators

BACKGROUND INFORMATION:
Annual declaration to the California Commission on Teacher Credentialing is required for those teachers whose assignments require emergency permits or limited assignment permits.  The Board of Education must certify that there are insufficient fully-credentialed applicants for certain positions.  Based on previous years’ actual needs and projections of enrollment, the District must indicate the number of permits it estimates it will need for the following school year.

In cases where the District must employ teachers without the proper certification, the California Education Code and Title V Regulations provide the options for legal compliance.

The California Commission on Teacher Credentialing requires that this declaration be approved during a regularly-scheduled public meeting, and that this declaration not appear as part of the consent calendar.

In light of the fact that teaching credential programs are graduating fewer teacher candidates, accompanied by increased staffing needs due to recent increased funding for school districts, the need for teachers who are not fully credentialed has increased.

POLICY/CODE:
Education Code Section 44225.7
Title V Regulation 80026

FISCAL IMPACT:
None

STAFF RECOMMENDATION: 
Approve the projected permit needs as specified in the annual declaration.


 
Attachments:
Declaration of Need 2017-18 (Unsigned)
16.3. Approval of Public Disclosure of Collective Bargaining Agreement (AB1200) for UBA, Local 21, BCCE
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent 
DATE:         August 23, 2017
SUBJECT:   Approval of Public Disclosure of Collective Bargaining Agreement documents

BACKGROUND INFORMATION:
The Berkeley Unified School District and the Union of Berkeley Administrators (UBA) negotiated a tentative agreement that was ratified by their members.

The following bargaining units have “me too” clauses in their contracts, and the cost of the “me too” agreements are included in this board item

  • Berkeley Council of Classified Employees (BCCE)
  • The International Federation of Professional and Technical Engineers (Local 21)

These tentative agreements are effective July 1, 2017 through June 30, 2019, and provide unit members with a one-time lump sum bonus equal to one percent (1%) of their salary for 2017-18.  Unit members employed for the 2018-19 school year shall receive an on schedule increase to all rates and schedules of one percent (1%) effective July 1, 2018.

CONDITIONAL BONUSES

The agreement also contains raises which are in the event the District receives State one-time discretionary funds in both 2017-18 and 2018-19.

In the event the District received at least four hundred thousand ($400,000) in State one-time discretionary funds, unit members employed for the 2017-18 school year shall receive a one-time lump sum bonus equal to one half of a percent (0.5%) of their salary for 2018-19.

In the event the District receives at least eight hundred thousand ($800,000) in State one-time discretionary funds, unit members employed for the 2018-19 school year shall receive a one-time bonus equal to one percent (1%) of their salary for 2018-19.

In the event the District receives at least two million  ($2,000,000) in State one-time discretionary funds, unit members employed for the 2018-19 school year shall receive a one-time bonus equal to one and one-half percent (1.5%) of their salary for 2018-19.

The enacted State Budget for FY 2017-18, provided one-time funding of $1.3 million for the District, so members will receive a one-time bonus of one percent (1%), if no additional one-time funding is received from the State. 

In accordance with AB1200 (Chapter 1213/1991) and Government Code Section 3547.5, the public disclosure documents summarizing the fiscal impact of  the collective bargaining agreement have been provided to the Board and is available for review by the public.   The public disclosure documents include the fiscal impact of collective bargaining agreements on the General Fund combined (Funds 01-08) for each bargaining unit.   The latest board approved budget included in the attached documents is the Adopted Budget for FY 2017-18. 

The Public Disclosure Documents for the collective bargaining agreement will be submitted to the Alameda County Office of Education for their review. These documents indicate that the District will maintain a positive certification for 2017-18 and the two subsequent years.  Superintendent Donald Evans and Deputy Superintendent Javetta Cleveland have certified that the  budget revisions necessary to meet the costs of the agreement will be made, and no further budget revisions are necessary.

Government Code section 3547.5

Increase in General Fund revenue by $1.3 million in 2017-18.

Increase in salaries and benefits for the Unrestricted and Restricted General Fund (Funds 01-08) for 2017-18 and two subsequent years is detailed below.


Bargaining Group



2017-18


2018-19


2019-20


BCCE


$248,840

$510,620

$261,948


UBA


$70,438

$144,539

$74,148


Local 21


$52,452

$107,632

$55,215

STAFF RECOMMENDATION:
Approve Public Disclosure documents for Collective Bargaining Agreement for BCCE. UBA and Local 21.

 
16.4. Approval of Tentative Agreement with the Union of Berkeley Administrators (UBA) and Local 21
Rationale:

Document is forthcoming. 


 
Attachments:
2017-2019 Tentative Agreement
TA-Signature Page
17. Information Items
17.1. P-A School Average Daily Attendance and October Enrollment Summaries 2016-17
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans,  Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:          August 23, 2017
SUBJECT:  P-Annual School Average Daily Attendance and October Enrollment Summaries

BACKGROUND INFORMATION:
The District submits three attendance reports to the California Department of Education each year. The first attendance report is referred to as P-1 and includes average daily attendance (ADA) calculated from September to December. The second attendance report is referred to as P-2 and includes ADA calculated from September to March. With the exception of extended year for Special Education ADA, the District receives its General Fund revenue based on ADA reported at P-2. The final attendance report is referred to as P-Annual and includes ADA calculated until the end of the year. The District receives its general fund revenue for extended year for Special Education based on the P-annual. 

Based on information provided from each school site, we are presenting a report on the P-Annual reporting period and provide a comparison of the following information:  

  • Current and prior year average daily attendance (ADA) for the P-Annual attendance reporting period from the start to the end of school year.
  • Current and prior year school enrollment reports as reported in October of each year. 

The summary report reflects the variance between FY 2016-17 and FY 2015-16 for enrollment and ADA for each school. 

For school sites and programs, enrollment and ADA decreased across the board over the prior year, with a decrease in enrollment of 152 students and a corresponding decrease in ADA of 129 students. However, the district’s general education attendance as a percentage of enrollment decreased by 0.07%.

There were decreases in enrollment and attendance at most sites, with significant decreases at Berkeley High School and Cragmont. There were notable gains in enrollment and attendance at Willard and Washington school sites..

ADA did not improve during the 10 month reporting period (P-Annual), when compared to P2 reporting period. This ADA decline is a direct result of a decline in enrollment and not due to absenteeism or decrease in student attendance.  Data for Non-Public Schools and Home Hospital have been included in this report.

POLICY/CODE:
Board Policy: 5113

FISCAL IMPACT:
The 2016-17 ADA is 9,171 at the P-Annual reporting period, compared to 9,201 at the P2 reporting period.  However, this decline does not have a significant impact on General Fund revenue, since with the exception of extended year for Special Education, funding is based on the ADA reported at the P2 reporting period.

STAFF RECOMMENDATION:
Receive this October enrollment and P-Annual  average daily attendance summary reports for information. 

 
Attachments:
Attendance and October Enrolllment
17.2. Williams Case Settlement Quarterly Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Dana Clark, Compliance Officer and Title IX Coordinator
DATE:        August 23, 2017
SUBJECT:  Williams Case Settlement Quarterly Report

BACKGROUND INFORMATION:
As a result of the Williams Case Settlement, every district in California is publicly accountable to ensure that the following conditions are met.

1)      There should be sufficient textbooks and instructional materials for all students, including English learners.

2)      School facilities should be clean, safe and maintained in good repair.

3)      All classes should be taught by properly credentialed teachers.

Information about the standards is posted in every classroom along with the complaints procedure to follow if there is a concern that any one of them is not being met. 

Staff is now reporting that between April 1, 2017 and June 30, 2017 there was one (1) Williams Complaints filed. In this instance, a violation of Education Code 35186 was not substantiated.

POLICY/CODE:
Ed Code 35186
Board Policy 1312

FISCAL IMPACT:
None 

STAFF RECOMMENDATION:
Receive the Williams Case Settlement Quarterly Report for information.

 
Attachments:
Williams Complaints Quarterly Report
17.3. Facilities Plan Update
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:        August 23, 2017
SUBJECT: Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on January 11, 2017.  Data in this report are current as of August 9, 2017. This report includes updates of all active construction projects. Maintenance projects are detailed in the Maintenance Quarterly Reports.    

 
Attachments:
Facilities Plan Update
18. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in for the earlier open session public testimony will be given priority.  Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President.

19. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
20. Adjournment

Published: August 18, 2017, 5:46 PM

The resubmit was successful.