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Regular Meeting
Berkeley USD
March 27, 2019 6:00PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 6:00 PMWas edited within 72 hours of the Meeting
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 5:45 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. Consideration of Student Expulsion (Ed. Code Section 48918(c))
3.2. Consideration of Student Expulsion (Ed. Code Section 48918(c))
3.3. Parent/Student Challenge to Content of Pupil Records (Ed Code Section 49070(c))
3.4. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tomandong-Bradley)
3.4.1. Berkeley Council of Classified Employees (BCCE)
Rationale:

            


 
3.4.2. Berkeley Federation of Teachers (BFT)
3.4.3. Union of Berkeley Administrators (UBA)
Rationale:


 
3.5. Public Employment (Government Code Section 54957) Title: Superintendent
4. Call to Order - 7:30PM
5. Approve Regular Meeting Agenda of March 27, 2019
Rationale:

Pursuant to California Government Code Section 54953, Director Julie Sinai will be participating via teleconference from the following location: 2660 Woodley Rd NW Washington, DC 20008. This agenda will be posted at the foregoing location at least 72 hours before the March 27 meeting is scheduled to commence. Public participation will be permitted at the teleconferencing location.



 
6. Report on Closed Session
7. School Snapshot - Malcolm X Elementary
8. 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. 

9. 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).
10. 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.
11. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

12. Consent Calendar - approval requested
12.1. Approval of Human Resources Reports
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:       March 27, 2019
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 03.27.19
Classified Personnel Report 03.27.19
12.2. Approval of Elimination/Reduction of Specified Classified PositionsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources   
DATE:            March 27, 2019
SUBJECT:      Elimination/Reduction of Specified Classified Positions

BACKGROUND INFORMATION:
Due to lack of work and /or lack of funds the following classified positions in the District need to be eliminated/reduced.

SITE

POSITION

ELIMINATE/REDUCE

Funding Source

Berkeley High School

School Safety Officer

Eliminate 1.00 FTE

(presently vacant)

General Funds

Berkeley Independent Study

Administrative Assistant I

Eliminate 1.00 FTE

General Funds

Business Services Department

Clerical Assistant II

Eliminate 1.00 FTE

General Funds

Educational Services Department

Administrative Assistant III

Eliminate 1.00 FTE

General Funds

King Child

Development Center

Administrative II

Eliminate .40 FTE

General Funds

Technology Department

Data Processing Manager

Eliminate 1.00 FTE

(presently vacant)

General Funds

Transportation Department

Accounting Technician

Eliminate .80 FTE

(presently vacant)

General Funds

Transportation Department

School Bus Driver

Eliminate 1.00 FTE

(presently vacant)

General Funds

In light of Education Code requirements, it is necessary for the Governing Board to set forth and act on the eliminations/reductions so that each employee affected can be timely notified as prescribed by law and collective bargaining agreements.  We regret the hardship this notification process places on employees and the uncertainty of their future employment status. 

POLICY/CODE:
Education Code Sections 45101, 45114, 45117, 45298, 45308

FISCAL IMPACT:
Budgetary reduction to funding services.

STAFF RECOMMENDATION:
Approve Resolution.




 
Attachments:
Resolution to Eliminate/Reduce Positions
12.3. Approval of New Classification: School Administrative Assistant II/Substitute Specialist Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D, Superintendent
FROM:           Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:            March 27, 2019
SUBJECT:      School Administrative II/Substitute Specialist

BACKGROUND:
At the BUSD Personnel Commission meeting on March 1, 2017, several recommendations were discussed in the matter involving the School Administrative II (SSA II) position at a secondary school. It was acknowledged that a gradual accretion of duties and assignments for the years could foreseeably result in a reclassification in January 2019.  The Personnel Commission affirmed that gradual accretion occurred over two years and the SSAII warranted a new classification with added job duties (see attached). 

FISCAL IMPACT:
$2,736 Annually

RECOMMENDATION:
Approve the duties of the new classification of School Administrative II/Substitute Specialist.

 
Attachments:
School Administrative Assistant II Job Description
School Administrative Assistant II/Substitute Specialist Draft Job Description
12.4. Approval of Out-of-State & Overnight Field Trip Requests
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          March 27, 2019
SUBJECT:    Approval of Out-of-State & Overnight Field Trip Requests

BACKGROUND INFORMATION:
The following out-of-state and overnight field trip requests are being requested:

Close Up Washington, D.C., April 14-18, 2019
Approve participation of 250 8th graders, three teachers and 23 parent chaperones from Martin Luther King Middle School on a five-day, four-night field trip to Washington, D.C. to participate in the Close-Up Program. Students will meet at San Francisco International Airport on Sunday, April 14th at 3:00 a.m. and parents will pick up their students at the airport upon returning April 18, 2019. The Close-Up curriculum offers students a first-hand look at our government through talks with their national representatives as well as the opportunity to learn about the functioning of their government.  Close- Up staff provides student supervision at a ratio of 10:1. Students will stay in D.C. area hotels, four to a room on gender specific floors, with stationed Close-Up representatives to ensure that curfew and other rules are enforced. The cost of $2000.00 per student is being paid by fundraising, scholarships and parent donations. No student will be denied access based on ability to pay. Requested by: Janet Levenson, MLK Principal. (Teacher: Victoria Edwards)

State Capitol/UC Davis, Sacramento, CA, April 24-25, 2019
Approve participation of 63 eighth-grade AVID students, four teachers, and three other adults from Longfellow on a two-day, one-night field trip to the State Capitol in Sacramento, CA.  The group will depart Longfellow at 9:15 a.m. on Wednesday, April 24th and return on Thursday, April 25, 2019 at 3:30 p.m.  Students will see the California State Legislature in action to supplement their history class. The overnight is for team building and the following day we will visit UC Davis as part of the Avid goal of early college awareness. BUSD will provide transportation. Students will sleep in gender specific rooms at a local youth hostel.  Cost for the trip is $70.00 per student and is being paid by students, grants and school PTA funds. No student will be denied access based on ability to pay. Requested by: Stacey Wyatt, Longfellow Principal. (Teacher: Mary Patterson)

Kirby Cove-Marin Headlands, Marin County, CA, April 29-May 2, 2019
Approve participation of 24 fifth grade students, one teacher, and four other adults from Jefferson Elementary on a four-day, three-night field trip to the Kirby Cove Group Campground at the Marin Headlands.  The group will depart Jefferson on Monday, April 29th at 9:30 a.m. and return Thursday, May 2, 2019 at 2:05 p.m. Students will learn the area’s historical significance and study the weather, astronomy and earth science.  Students will sleep in gender specific tents.  BUSD will provide transportation.  The total cost of $3,400.00 is being paid through class fundraising and parent donations.  No student will be denied access based on inability to pay. Requested by Mary Cazden, Jefferson Principal. (Teacher: Rick Kleine)

NatureBridge Field Science Retreat-Marin Headlands, CA, May 1-3, 2019
Approve participation of 25 fifth grade students, one teacher and four parents from Cragmont Elementary School on a three-day, two-night field trip to the Marin Headlands. The NatureBridge program is a hands-on outdoor education program. This ties into the California fifth grade science standards for physical and life sciences. Particularly for socioeconomic disadvantaged children, field trips such as this allows them to get out into an environment they would not otherwise have the opportunity to experience firsthand. This field trip also addresses and aligns with social-emotional learning standards. The BUSD Toolbox curriculum teaches students strategies for coping with stress and building resilience. This field trip offers a hands-on, experimental learning opportunity in which students learn to build teams, problem solve and use their Toolbox skills to negotiate challenges presented to them by the NatureBrudge staff. The group will depart on Wednesday, May 1st at 10:30 a.m. and return Friday, May 3, 2019 at 2:00 p.m. Students will sleep in gender specific dorms and BUSD will provide transportation. The cost of $360.00 per student is being paid through class fundraising and parent donations.  No student will be denied access based on inability to pay. Requested by Michelle Sinclair, Cragmont Principal. (Teacher: Jill Moniz)

Yosemite Photography Retreat, Yosemite National Park, May 19-21, 2019
Approve participation of 20 Berkeley High School Photography students and two teachers on a three-day, two-night field trip to Half Dome Village (formerly Camp Curry), Yosemite National Park. The group will depart Berkeley High School at 9:00 a.m. on Sunday, May 19th and return at 10:00 a.m. on Tuesday, May 21, 2019. Rental vans will transport their students to and from Yosemite driven by Maria Kersey and Sarah Matsumoto, and Parent Driver Forms, insurance information and copies of the CA Driver licenses have been provided. The purpose of the trip is to allow students to visit a national treasure and experience photographing the landscape. The group will also tour the Ansel Adams Museum. During our stay students will reside in gender-specific tents at Half Dome Village. Students will pay for their own food from restaurants and the cafeteria in the village. The cost of $100.00 per student is being paid by donations, grants and parent donations. 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.

 
12.5. Acceptance of Gifts/Donation
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          March 27, 2019
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:

  1. Philanthropic Ventures Foundation donated $346 to Thousand Oaks School Principal’s Discretionary Fund.
  2. Life Touch donated $2,483.33 to King Middle School
  3. Altimont Advisory Board (City of Livermore) donated $15,000 to Facilities in support of the district’s efforts to reduce waste.
  4. Growing Leaders donated $45,159.93 to Willard Middle School.
  5. Berkeley Public Schools Fund donated $202 to 18-19 Music Scholarship for student Manuel Garcia-Fernandez.
  6. Berkeley Public School Fund donated $88.86 to 18-19 Strategic Impact Grant 1-702 to Mia Gittlen “Instructional Technology to Boost Literacy”.
  7. Your Cause donated $500 to thousand Oaks Principal’s Discretionary Fund.
  8. The Benevity Community Impact Fund donated $1,900 matching fund, for education, through Parent’s employers to Cragmont School.
  9. Philanthropic Ventures Foundation donated $500 to Washington Principal’s Discretionary Fund for the purchase of microscopes.
  10. Berkeley High School Development Group donated $25,000 to BHS for the After School Teacher Tutoring Program.
  11. Berkeley High School Development Group donated $1,150.44 to “Striving for Zero Waste”.

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 $92,330.56 in donations.

 
12.6. Approval of Contracts/Purchase Orders for Services
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        March 27, 2019
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. Niroga Institute, to provide services in planning and designing a Mindfulness curriculum at King, Longfellow, Willard, BHS and BTA for the period from 3/22/19 – 6/30/19. The cost will not exceed $45,000. To be paid from City of Berkeley Grant. Requested by Pasquale Scuderi.
  2. Sunshine Gutters, to provide gutter repair and installation services for the Maintenance Department for the period from 7/1/18 – 6/30/19. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
  3. Elevation Education, to provide English Learner management software for CDE compliance, data integration and on-site training for the period from 4/1/19 – 6/30/19. The cost will not exceed $21,100. To be paid from Title II and Title III Fund. Requested by Pasquale Scuderi.
  4. Increase in contract, PO#190783, to Jon R Morgan to provide additional QSS system support for HR and Finance systems. The Board approved $27,000 on 9/12/18.The additional contract amount will increase the cost by $26,530 for a total amount of $53,530. To be paid from General Fund. Requested by Jay Nitschke.
  5. Increase in contract, PO#190048, to Anderson Carpet, to provide flooring services for the Maintenance department. The Board approved $35,000 on 8/15/18. The additional contract amount will increase the cost by $15,000 for a total amount of $50,000. To be paid from Measure H. Requested by Steve Collins.
  6. Increase in contract amount, PO#191045, to Bay Area Community Resources to provide additional support and coordination of Youth Support Program for students and families at Willard Middle School. The original purchase order in the amount of $5,000 was issued on 10/4/18. The additional amount requested is $5,000 for a total amount of $10,000. To be paid from BSEP Measure E Fund. Requested by Natasha Beery.
  7. SyTech Solutions, to provide digital imaging services for District Office for the period from 3/1/19 – 6/30/19. The cost will not exceed $70,000. To be paid from Hillside Sales Proceeds Funds. Requested by Pauline Follansbee.

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

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

 
12.7. Approval of Payroll Warrants for February 2019
Rationale:


BERKELEY UNIFIED SCHOOL DISTRICT  

TO:         Donald Evans, Ed.D., Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent
DATE:            March 27, 2019
SUBJECT:    Approval of Payroll Warrants Issued in February 2019

BACKGROUND:
On a regular basis, the Board receives information on the total amount paid employees during a month. The attached represents a summary of pay warrants from various funds for the month of February 2019.

POLICY/CODE: 
Educational Code 41010 et seq. 

FISCAL IMPACT: 
$8,394,259.91, for February 2019 from various funds.

RECOMMENDATION:
Approve payroll payments made in February 2019.

 
Attachments:
Payroll Warrants February 2019
12.8. Approval of Fiscal Warrants for February 2019
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT   

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:        March 27, 2019
SUBJECT: Approve Listing of Warrants issued in February 2019.

BACKGROUND:
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 February is attached for the Board’s review.

POLICY/CODE: 
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$4,250,903.87 for the month of February 2019 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of February 2019.

 
Attachments:
FEBRUARY 2019 FISCAL WARRANTS
12.9. Approval of Increase of Master Contracts for Nonpublic School for the 2018-2019 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           March 27, 2019
SUBJECT:     Approval of Increase of Master Contracts for Nonpublic School for the 2018-2019 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 Added

Estimated Total Cost

Bayhill High School

2

$74,840.00

Total

2

$74,840.00


$143,940.00 for 3 students were approved in 8/15/18 Board meeting, item 13.18. We are adding $74,840.00 for two additional students, which brings the total amount of the contract to $218,780.00

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $74,840.00 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the Increase of Master Contract for the Nonpublic School listed above.


 
12.10. Approval of Increase of Master Contracts for Nonpublic School for the 2018-2019 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           March 27, 2019
SUBJECT:     Approval of Increase of Master Contracts for Nonpublic School for the 2018-2019 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 Added

Estimated Total Cost

The Phillips Academy

4

$77,453.00

Total

4

$77,453.00


$72,547.00 for 2 students was approved in 11/28/18 Board meeting, item# 10.8. We are adding $77,453.00 for 4 additional students, which brings the total amount of the contract to $150,000.00

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $77,453.00 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the Increase of Master Contract for the Nonpublic School listed above.


 
12.11. Independent Auditor Selection for Fiscal Year 2019-20, 2020-21 and 2021-22
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent, Business Services
DATE:          March 27, 2016
SUBJECT:
  Independent Auditor Selection for Fiscal Year 2019-20, 2020-21 and 2021-22

BACKGROUND INFORMATION:
In accordance with Education Code Section 41020 (b)(1), Not later than the first day of May of each fiscal year, each county superintendent of schools shall provide for an audit of all funds under his or her jurisdiction and control and the governing board of each local educational agency shall either provide for an audit of the books and accounts of the local educational agency, including an audit of income and expenditures by source of funds, or make arrangements with the county superintendent of schools having jurisdiction over the local educational agency to provide for that auditing.

The auditor rotation requirements specified in 41020 (f)(2) apply to auditors who conduct school district audits. This section of the Education Code makes it unlawful for a public accounting firm to provide audit services to the school district if the lead audit partner, or coordinating audit partner responsible for the audit or for reviewing the audit, has performed audit services for the school district in each of the six previous fiscal years. Consequently, a different audit firm and/or audit partners must be used in the seventh year, unless a waiver is obtained from the EAAP.

In 2010, the District issued a request for proposals (RFP) in 2010 and selected a new firm, Crowe Horwath LLP (Formerly Perry Smith, LLP, currently Crowe) to conduct all external audits.  The District staff and the Audit Committee have been utilizing the services of Crowe for eight years and are satisfied with the services they have provided.  Staff and the Audit Committee recommend that the District retain Crowe for an additional three years and did rotate to a new audit partner in 2016, which meets the Education Code 41020 requirements. The following fees will apply for our financial statement audits to be performed in FY 2019-20 for the audit of FY 2018-19 and continue to FY 2020-21 for the audit of FY 2019-20, et al:


FY 2019-20

FY 2020-21

FY 2021-22

Measure E1

$ 7,400

$ 7,400

$ 7,500

Measure I

$17,000

$17,500

$17,500

Measure H

$ 7,400

$ 7,400

$ 7,500

District Audit

$68,000

$70,000

$71,000

POLICY/CODE:
Education Code Section 41020 et seq

FISCAL IMPACT:
The annual cost of our District audit of 2018-19 was $68,000. The proposed increases in fees are reasonable for the quality of audit services that the District receives. 

STAFF RECOMMENDATION:
Approve staff selection of independent auditor Crowe


 
12.12. Ratification to Approve Resolution 19-018 to Contract with Bay Construction as a General Contractor for the King Auditorium Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:           March 27, 2019
SUBJECT:    Approval of a Contract With Bay Construction Co. as a General Contractor for the King Auditorium Project and Approve Resolution 19-018

BACKGROUND INFORMATION:
A decision was made on January 11, 2017 the Board approved to provide upgrades to the King Auditorium. The project bid and schedule is designed to mitigate the impact to the campus and program. On February 7, 2019 BUSD received three bids. The basis of award is theTotal Bid Price:sum of the base bid. The bid tabulation is as follows:

Contractor

Base Bid

Alt. 1

Alt.2

Alt.3

Alt.4

Alt.5

Total

(Base Bid + Alt.1 – Alt.5)

Bay Construction

$886,000

$41,000

$28,000

$25,000

N/A

$65,000

$1,045,000

Mar Con Co

$1,005,000

$15,500

$10,750

$17,100

N/A

$67,760

$1,123,000

T. Amaral’s Done Right Construction

$709,000

$10,000

$10,000

$10,000

N/A

$55,000

$794,000


The bids included five alternates. Alternate 1, will include refinishing the wood floor in the orchestra seating area.

Alternate 2 will refinish wood floor at the balcony level seating area. Alternate 3 involves replacing the carpet at Orchestra level aisles. Alternate 4 was not used. Alternate 5 will paint the auditorium walls Including balcony wall and rear wall and painting the ceiling including the underside of balcony. It also involves painting all doors and wood trim frames in auditorium house. This will require an increase of $310,000. to the construction budget. Bay Construction lowest responsive, responsible bidder is $886,000. The other bidder was disqualified. Facilities is recommending awarding base bid plus all alternates

FISCAL IMPACT:
Cost of award by this action: $1,045,000. to be paid from Measure I bond funds. This will require an increase of $405,000. to be paid from the measure I fund balance. This increase will cover the additional construction costs as well as a 10% contingency.

RECOMMENDATION:
Award a contract for construction to Bay Construction Co. for the King Auditorium and approve Resolution 19-018.

 
 
 
 
 
 


 
Attachments:
Resolution 19-018
12.13. Approval of Creation of a Pool of Commissioning Consultants
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:            March 27, 2019
SUBJECT:    Approval of Creation of a Pool of Commissioning Consultants

BACKGROUND:
Project commissioning is the process of assuring that all systems and components of a building are designed, installed, tested, operated, and maintained according to the operational requirements of the owner.  This is a critical step to ensure heating ventilation & air conditioning systems; domestic hot water & plumbing systems; electrical lighting systems & lighting controls such as daylighting controls, occupancy sensors, exterior lighting are designed, installed and are operational for new projects.

A Request for Qualifications/Proposals (RFQ/P) was issued for Commissioning Consulting firms to assist the District.  Four firms submitted proposals. The proposals were scored by staff.   Based on our evaluation we recommend the approval of three firms to create a pool of commissioning consultants:

  • Eichler and Associates
  • Interface Engineering, Inc.
  • CBRE HEERY International

Past practice has been for the District to do Requests for Qualifications and Prices on an individual project basis.  It is the recommendation of the Facilities Department to establish a pool of qualified consultants to be considered for future projects. 

RECOMMENDATION:
Approve pool of consultants for commissioning services.

FISCAL IMPACT:
None

 
12.14. Approval of One-Time Funds for Preliminary Voter Polling
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Board of Education       
FROM:       Donald Evans, Ed.D., Superintendent
DATE:        March 27, 2019
SUBJECT: One-time funds for preliminary voter polling


BACKGROUND INFORMATION:
In order to plan for the timing, content and structure of measures that could be placed on the ballot in 2020, it may be necessary to conduct a preliminary small-scale poll in the spring of 2019. One-time funds of up to $30,000 would be used to design and conduct a brief voter poll in the spring of 2019. This approach is similar to that taken in planning the BSEP measure, in which a small poll was conducted prior to larger poll and measure planning. The larger process has already been proposed in budget priorities for 2019-20. 

POLICY/CODE:
BP0460

FISCAL IMPACT:
$30,000

RECOMMENDATION:
Approve budget for polling costs.

 
12.15. Approve Recommendation for Expenditure of BSEP Measure A Carryover Funds for Program Support and Professional Development FY 19-20
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education      
FROM:        Pasquale Scuderi, Associate Supt for Educational Services
DATE:        March 27, 2019
SUBJECT: Recommendation for Expenditure of BSEP Measure A Carryover Funds for Program Support and Professional Development FY 19-20

Funds remaining from BSEP Measure A of 2016 are available for expenditure “on all authorized purposes until exhausted.”[1]  Following are the recommendations for expenditures of Measure A funds for the authorized purposes of Program Support, Professional Development, and Parent Outreach.

The BSEP Planning and Oversight (P&O) Committee reviews and approves plans for expenditure of BSEP Measure funds. The plans for funds allocated from Measure A Carryover for Program Support and Professional Development in 2019-20 were reviewed and approved at regularly scheduled P&O meetings on February 26 and March 12. 

Measure A Funds for Program Support
The fund balance from the BSEP Measure A resource for Program Support (Resource 0841) is sufficient and appropriate to provide for these program needs for 2019-20.

Staffing                                                                                            

  • BHS Counselors2.0 FTE
  • BHS Dean of Attendance1.0 FTE
  • CTE Coordinator1.0 FTE 

    BHS Counselors                                                                            2.0 FTE

    These counseling positions are 2 of the current 8 academic counselors at Berkeley High funded in the General Fund (GF). Berkeley High also supports students with 3 intervention counselors (LCAP funded) and 2 full-time college and career counselors paid for by BSEP site funds. Academic counselors attend to the day-to-day needs of students - both academically and with social and emotional needs. They work in areas such as scheduling, progress monitoring, writing letters of recommendation for seniors, and a variety of other student support functions. 

    The two academic counselor positions are proposed to move to Measure A carryover funding as part of the overall direction and proposals to relieve the GF of $2,000,000 in costs. The one-year placement into Measure A carryover affords staff a full school year to either find ways to mitigate the impact of the cut, find alternative funding sources, or consider reductions in other areas.

    Dean of Attendance                                                                      1.0 FTE

    This proposal also stems from the need to reduce GF costs; the position is currently covered in the General Fund. The Dean of Students monitors and supports school-wide attendance with the attendance office team and makes direct interventions with families and students experiencing consistent or chronic attendance issues. The Dean is also responsible for the formal processes of the School Attendance Review Team (SART) and the School Attendance Review Board (SARB) the latter of which includes collaboration with the District’s Student Services department.

    Program Supervisor, Career Technical Education (CTE)               1.0 FTE

    Formerly funded by the General Fund, this position would move to Measure A for SY 2019-2020 as a backup plan for two expected fiscal developments this fall which we believe can assume the cost of this position, namely: the CTE Incentive Grant (CTEIG) and the K-12 Strong Workforce Program (administered through the community college system). BUSD has applied for funding for both of these grants and conservatively estimates a combined 300-600k annually from these resources that will then assume the cost of the position. This position develops and oversees all career pathway and career tech ed offerings in BUSD secondary schools. Current pathways include Fire Science, Digital Media, Stagecraft, Robotics, and several others.  

    Budget Summary for Program Support in 2019-20

    BSEP Measure A, Resource 0841

     

    Measure A Funds for Professional Development

    The remaining fund balance from the BSEP Measure A resource for Professional Development (Resource 0855) is sufficient and appropriate to provide for these program needs for 2019-20                                                                    

    Staffing                                                                                            

  • Science TSA0.40 FTE

Science TSA                                                                                  0.40 FTE

This position was formerly funded at 0.60 FTE to support curriculum and instruction for science in grades K-8, paid for via limited term funds designated for the implementation of the common core state standards. Staff is proposing to keep the position for one year through BSEP carryover funds, but reduce to 0.4 FTE and concentrate efforts at either middle or K-5.

Budget Summary for Professional Development in 2019-20

BSEP Measure A, Resource 0855  


Measure A Funds for Parent Engagement

The Office of Family Engagement and Equity (OFEE) was developed to create a welcoming and equitable school environment. The funding for the OFEE staffing, which has been supported for the last five years through a combination of LCAP funds, BSEP Measure E1 and BSEP Measure A carryover funds, is proposed to shift so that the support for staffing is carried by LCAP, and the program strengthen its focus on the “unduplicated” students (low income, English learner and foster youth).  The funds remaining in Measure A will be dedicated to supporting the program needs for non-staffing costs. There are sufficient carryover funds to provide support at this level for the next four years; additional resources could be allocated from Measure E1 if needed and available in the future.

Budget Summary for Family Engagement in 2019-20

BSEP Measure A, Resource 0857  



[1] BSEP Measure A of 2006, 4.B.



 
12.16. Approve Recommendation for Allocation of BSEP Effective Student Support Funds for 2019-20
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Board of Education      
FROM:        Pasquale Scuderi, Associate Supt for Educational Services
DATE:        March 27, 2019
SUBJECT: Recommendation for Allocation of BSEP Effective Student Support Funds for 2019-20

BACKGROUND INFORMATION:
According to BSEP Measure E1 of 2016, “seven percent (7%) of the Available Revenues generated by this Measure shall be dedicated annually to providing programs designed to provide effective supports that help students reach their highest academic potential while addressing the needs of the whole child. 

These revenues may be allocated to programs in any district-operated school for such purposes as Counseling and Behavioral Health, Family Engagement and Access, or Student Achievement Strategies to improve academic, behavioral and social-emotional outcomes for students.”[1]

For 2019-20, it is proposed to adjust the allocations such that the Student Achievement Strategies resource receives 4.85% of available revenues, in order to provide additional support for FTE for Literacy Coaches and Math Coaches, while the Counseling and Behavioral Health resource would receive 2.15% of available revenues. Revenues from Measure A carryover and from LCAP will be used to provide support for Family Engagement. 

The BSEP Planning and Oversight (P&O) Committee reviews and approves plans for expenditure of BSEP Measure funds. The plans for funds allocated for Effective Student Support in 2019-20 were reviewed and approved at regularly scheduled P&O meetings on February 26 and March 12. The summary for these plans, and associated appendices, are provided with this document.

PROGRAM EXPENDITURES

Student Achievement Strategies                                       $1,445,485

Funding is provided to support literacy coaching, math coaching, and Response to Intervention. 

See Appendix A for BSEP Student Achievement Strategies plan details for 2019-20. 

Counseling and Behavioral Health                            $632,387

Students need guidance in many areas of their educational experiences. Middle school counselors are a critical resource in terms of helping those students navigate academic challenges as well as the social and emotional barriers that create those challenges.

See Appendix B for BSEP Counseling and Behavioral Health plan details for 2019-20. 



[1] BSEP Measure E1 of 2016, Section 3.C



 
Attachments:
Appendix A
Appendix B
12.17. Approval of Board of Education Meeting Minutes for February 20, 2019
Rationale:

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206 

Official Minutes

February 20, 2019

Vice President Beatriz Leyva-Cutler called the meeting to order at 7:30pm, noting that Director Ty Alper would be chairing meeting because she was feeling ill. Alper reported that the Board convened to Closed Session at 5:30pm. 

Roll Call
Board of Education:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Present
Ty Alper, Director/Clerk – Present
Ka’Dijah Brown, Director – Present by phone
Julie Siniai, Director -- Present
Arvin Hariri, Student Director, BHS – Present
Oneida Abrams, Student Director, BTA -- Absent 

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
At the request of Alper, item 16 was pulled altogether. 

Motion to approve agenda as amended.
Sinai/Hariri and unanimously approved 5-0. 

REPORT CLOSED SESSION
Director Alper reported out on closed session:

Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(c)) One (1) Potential Case

The Board tabled this item and will discuss at its next meeting. 

Conference with Legal Counsel – Existing Litigation (Government Code Section 54056.9(a))

OAH Case No. 2019010138
Motion to approve staff’s recommendation on this matter:
Sinai/Leyva-Cutler and approved 3-0:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Present – Absent
Ka’Dijah Brown, Director – Yes
Julie Sinai, Director -- Yes

Public Employee Discipline/Dismissal/Release (Government Code Section 54957)

Motion to approve release as an administrator and non-reelect employee ID #11169, effective at the end of the 2018-19 school year:

Alper/Sinai and approved 4-0:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Present – Yes
Ka’Dijah Brown, Director – Yes
Julie Sinai, Director -- Yes 

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley)

Berkeley Council of Classified Employees (BCCE)

Berkeley Federation of Teachers (BFT)

Union of Berkeley Administrators (UBA)

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

Public Employee Appointment (Government Code Section 54957) Title: Superintendent

The Board did not discuss this matter. 

SNAPSHOT OF OUR SCHOOLS

Thousand Oaks introduced Voices of the Village, a school based program that fosters community building among staff, students and their families.

PUBLIC TESTIMONY
A total of six people addressed the Board: 

One comment advocating for increase in compensation.

Three comments in opposition to proposed after-school transportation fees 

Two comments in opposition to proposed renovation plans for the Berkeley theater and requesting that all stakeholders be given the opportunity to vet any potential plans.

UNION COMMENTS
BFT President Cathy Campbell ceded her time to BFT members who urged the Board to consider compensation increase.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Sinai thanked all the teachers for taking the time to come out tonight. She will hold her next office hours at Coffee 1951 on March 9 from 3:30-5pm. With respect to the superintendent search process, she reported that BUSD is gearing up to begin the community engagement phase that will give members of the community to provide input via the online survey now available. 

Vice President Leyva- Cutler announced the African American oratorical festival on March 26. She will hold office hours on March 4 at Casa Latina, 4:30-6pm. With respect to the public comments regarding community theatre renovation plans, she requested that staff provide updated information on the website for the public to access.

Director Brown read aloud a resolution in honor of Black History month.

Director Hariri expressed concern regarding the proposed reduction of a mechanic position due to potential threat posed to the safety of the students who ride the buses. He added not feeling comfortable with said reduction. 

Superintendent Evans thanked Director Brown for her endorsement of the resolution honoring Black History Month.. He also thanked the teachers for showing up tonight. He announced that the last session of the Superintendent’s Speaker Series will be on March at BHS’ Little Theater at 4pm.

CONSENT CALENDAR

Motion to approve the Consent Calendar:
Leyva-Cutler/Brown and unanimously approved 5-0. 

Lease-Leaseback Construction Delivery Method –Discussion
allotted time: 15 min
Actual time: 19 min

Executive Director of Facilities presented on the Lease-Leaseback Delivery method, adding that it most notably differs from previously employed methods in the way it allows the District to lease property to a developer who then leases it back to the District, thus making it a more collaborative process. In addition, the lease lease-back method also allows for the selection of a contractor earlier on in the process. Questions and discussion followed.  

Superintendent’s Proposed Reductions for 2019-2020 Base Grant (Proposed Fees for After-School Transportation) – Discussion
Allotted time: 10 min
Actual time: 25 min 

Vice-President Leyva-Cutler recused herself from this discussion

Assistant Superintendent Pauline Follansbee and Transportation Manager Sheila Collier presented on the $100k in proposed revenue from after school transportation fees. Questions and discussion followed. 

Director Sinai expressed an apology to the larger community for any confusion as a result of BUSD’s sudden notices to after school programs about newly implemented fees. She requested that the transportation list of after school program providers be reviewed closely so as to not include after school programs that do not use BUSD’s bussing service. In addition, she suggested that a formula used by the transportation department to determine rates be established in writing for the purpose of clarity and transparency.

Superintendent’s Proposed Reductions for 2019-2020 Base Grant (Unrestricted General Funding) – Discussion
Allotted time: 50 min
Actual time: 70 min 

Associate Superintendent Scuderi and Assistant Superintendent Follansbee presented the second reading of the Superintendent’s recommendations for budget reduction reductions for the 2019-20 school year. They noted that his was an opportunity for the Board to pose clarifying questions, request additional information and suggest other possible solutions with the goal of identifying up to $2 million in solution by the next meeting. The Board has already agreed to approximately $1.1 million in reductions at its February 6 meeting. Questions and discussion followed. 

Approval of Tentative Agreement with Local 21 Professional and Technician Engineers, AFL-CIO, for Successor Agreement for 2018-2021 – Action
Allotted time: 5 min
Actual time: 2 min 

Motion to approve tentative agreement with Local 21 Professionals and Technician Engineers, AFL-CIO, for successor agreement for 2018-21:

Hariri/Sinai and unanimously approved 3-0.

Vote for Delegates to the California School Boards Delegate Assembly – Action
Allotted time: 5 min
Actual time: 3min 

As a former CSBA Delegate, Leyva-Cutler recommended that the Board vote for:

Jamie Yee Hintzke, Pleasanton USD

Diana Paola, San Leandro USD

Nancy Thomas, Newark USD

Jeff Wang, New Haven USD

Motion to approve Vice-President Leyva-Cutler’s recommendation:
Leyva-Cutler/Alper and unanimously approved 3-0.

EXTENDED PUBLIC COMMENT
One comment in opposition to proposed after-school transportation fees and suggesting that a formal policy precede any implementation of fees.

ADJOURNMENT 10:33PM

 
13. Approve Revisions to E 0460 – Parent Advisory Committee Bylaws – Action (5 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education      
FROM:        Board Policy Subcommittee
DATE:        March 26, 2019
SUBJECT: Revision to Parent Advisory Committee Bylaws


BACKGROUND INFORMATION:
The Parent Advisory Committee (PAC) has requested a revision to the bylaws which would permit an adjustment to quorum requirements when there are vacancies on the committee. The proposed revision aligns with the quorum adjustments permitted under a similar committee, the BSEP Planning and Oversight Committee. The Board Policy Subcommittee has reviewed a proposed revision with staff and asks for an expedited approval of this revision so that the PAC may carry out its duties. The PAC will hold a discussion and further review of the policy and bylaws later this year, and further revisions may return to the Board Policy subcommittee and to the Board at another date.

POLICY/CODE:
BP0460

FISCAL IMPACT:
N/A

RECOMMENDATION:
Approve E 0460. 

 
Attachments:
E 0460 (clean version)
E 0460 (proposed changes)
14. Update on BUSD’s Summer School Program – Discussion (30 min) Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D,  Superintendent
FROM:    Pasquale Scuderi, Assistant Superintendent, Educational Services
PRESENTERS: Aaron Jorgensen, Program Supervisor, Extended Learning
DATE:     March 27, 2019
SUBJECT:   Summer School Plans for 2019

PURPOSE:
Share with the Board plans for the upcoming Summer Session 2019

BACKGROUND:
BUSD currently runs three summer programs through the Extended Learning Program.  Elementary, Middle, and High School Summer School. The Elementary Summer School program is ran through the Berkeley’s Excellent Academic Road to Success (BEARS) program.  Students are enrolled in the program through one of three ways. Students in the BEARS program are automatically enrolled in the program. Students designated as needing Extended School Year (ESY) as part of their Individualized Education Plan (IEP) are enrolled next. Lastly, students recommended by their site principals are invited based on space availability. The goal is to reduce the impact of the “summer slide” for students.

The middle school program focuses on recommended students for the Summer Math Academy and students designated as English learners through AVID Excel.  High school focuses on graduation for exiting 12th grade students and credit recovery for rising 11th and 12th grade students.

For this coming summer, we are continuing to make improvements.  A Summer School Design Team is working to improve the elementary program.  Work groups are working on improvements in three areas: climate and partnerships, structure, and curriculum and instruction.  The Summer Math Academy will focus on rising 9th grade students and will continue the partnership with Dan Meyer from Desmos and the BE3 teacher induction program from UC Berkeley.   

RECOMMENDATION:
Please receive and give direction to staff regarding the plan for summer learning for 2019. (?)

FISCAL IMPACT:
No fiscal impact.

 
Attachments:
Presentation
15. Overnight Stays for BUSD Families Living in Vehicles on BUSD Property - Discussion (15 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Board of Education
FROM:            Donald Evans, Ed.D., Superintendent
DATE:             March 27, 2019
SUBJECT:   Overnight Stays for Families Living in Vehicles on BUSD Property 

BACKGROUND:
The City of Berkeley is working to explore possible accommodations for the small number of BUSD students who are living in Recreational Vehicles. 

The question has arisen whether the District has capacity to allow these BUSD families to park their RVs (or other vehicles or even tents) overnight on BUSD property. There are many logistical and legal issues that would need to be thoughtfully explored before such accommodations could be implemented. 

Staff is seeking direction from the Board as to whether it would like staff to engage in discussions with the City about the possibility of temporarily using BUSD property for this purpose.

RECOMMENDATION:
Give staff direction regarding discussions with the City related to temporarily providing overnight access to BUSD property for BUSD families living in their vehicles.

FISCAL IMPACT:
TBD

 
16. Public Hearing for Initial Proposals for Successor Agreement Between the District and the Union of Berkeley Administrators (UBA)- Action (5min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources  
DATE:         March 27, 2019
SUBJECT:   Public Hearing for Initial Proposals for Successor Agreement Between the District and the Union of Berkeley Administrators

BACKGROUND INFORMATION:
Collective bargaining is among the most important areas where the Board of Education sets priorities for the organization and gives direction and authority to staff for negotiations. As part of this process, the Governing Board also represents the public’s interest in negotiations with employee organizations to ensure student academic and educational needs as well as Board priorities are promoted. The Board is committed to keeping the public informed about issues being negotiated and providing members of the public an opportunity to express their views.

Attached here and presented for public hearing are the initial proposals of the Union of Berkeley Administrators (UBA) and the District for a successor agreement between the District and UBA for the collective bargaining agreement expiring June 30, 2019. This “Sunshine” of the initial bargaining proposals to the public provides an opportunity for the public to comment on the initial proposals and is also required before collective bargaining can begin. 

POLICY/CODE:
California Government Code Section 3547
Board Policy 4143.1
Board Policy 4243.1

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Conduct public hearing, approve staff’s proposal, and direct staff as appropriate.



 
Attachments:
District's Initial Proposal to UBA for a Successor Agreement
UBA"s Initial Proposal to District for a Successor Agreement
17. 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.

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

Published: March 22, 2019, 7:24 PM

The resubmit was successful.