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Regular Meeting
Berkeley USD
November 06, 2019 7:30PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 5:45 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 5:45 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. Superintendent's Evaluation (Gov Code. Section 54957)
3.2. Public Employee Appointment (Government Code Section 54957)
3.2.1. Assistant Superintendent, Business Services
3.2.2. Director of Fiscal Services
3.3. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a))
3.3.1. OAH Case No 2019070584
3.3.2. OAH Case No 2019080381
3.3.3. WC CL No. 120500107
3.4. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator:Roy Combs)
3.4.1. Berkeley Federation of Teachers (BFT)
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of November 6, 2019
6. Report on Closed Session
7. 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. 

8. 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).
9. 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.
10. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

11. Consent Calendar - approval requested
11.1. Approval of Human Resources Reports
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       November 6, 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 11.06.19
Classified Personnel Report 11.06.19
11.2. Approval of Job Description: BREA Coordinator
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            November 6, 2019 
SUBJECT:      BREA Coordinator 

BACKGROUND:
Attached is the job description for the existing classification of  Berkeley Research, Evaluation and Assessment (BREA) Coordinator. 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties of the BREA Coordinator. 




 
Attachments:
BREA Coordinator Draft Job Description
11.3. Approval of MOU between BUSD and Universities
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       November 6, 2019
SUBJECT:      Approval of MOU between BUSD and Universities 

BACKGROUND INFORMATION:
BUSD has entered into agreements with the following universities to provide the university students with internships and/or student teaching so they may gain practical teaching, administrator, nursing, or counseling experience in an education setting.

STAFF RECOMMENDATION: 
Staff recommends that the Berkeley Unified Board of Education ratify the memorandums of understanding (MOU) between the District and the following universities:

  • California Institute of Integral Studies (CIIS) 


 
Attachments:
CIIS MOU for Counseling Interns
11.4. Out Of State Travel Request Approval
Rationale:

Berkeley Unified School District

TO:               Brent Stephens, Ed.D., Superintendent
FROM:         Bajé Thiara, Associate Superintendent, Educational Services
DATE:          November 6, 2019
SUBJECT:   Out of State Travel Request

BACKGROUND INFORMATION:
Approval for the following out of state travel is being requested:

The 2020 National Council of Teachers of Mathematics, Chicago, IL, April 1-4, 2020
Approval for Allison Krasnow, Math Teacher at Willard Middle School to attend this five-day, four-night conference.  The 2020 National Council of Teachers of Mathematics will provide Allison with compelling sessions that include valuable content for use in the classroom and networking opportunities.  Requested by Maggie Riddle, Executive Director of K-8 Schools.  Travel and conference will be paid with BSEP and TIP Funds.

POLICY/CODE:
Education code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the out of state travel consistent with District policies and instructional programs.

 



 
11.5. Request for Course Approval - Advanced Computer-Aided Drafting & Design
Rationale:

TO:              Dr. Brent Stephens, Superintendent

FROM:                Baje’ Thiara, Associate Superintendent 

                            Wyn Skeels, CTE Program Supervisor 

DATE:                  10/19/2019

SUBJECT: Request for Course Approval - Advanced Computer-Aided Drafting & Design  


Berkeley High School and the Career Technical Education Program are requesting approval of a new course, Advanced Computer-Aided Drafting & Design (CAD Design Studio) 


Background Information

 Advanced Computer-Aided Drafting and Design is a project-based class for students to consider and solve problems of form, space, and function while understanding the environmental, social, and  aesthetic impact of architectural design; develop critical thinking, planning, and spatial skills; employ the design process in their work; learn practical skills and gain general knowledge of residential construction techniques; and to present this information both verbally and graphically while utilizing the latest design software.  The students will cultivate an awareness of and respond to design and architecture in a thoughtful, informed, responsible, and meaningful way. In addition, students will develop the technical skills of current industry methods, tools, and conventions as well as be exposed to career pathways related to the design/construction/architecture fields. They will have a well-rounded frame of reference with which to proceed to the next level of instruction and/or post-secondary goals. 




 
Attachments:
Request for Course Approval - Advanced Computer-Aided Drafting & Design
11.6. Request for Course Approval - Robotics Build, Advanced
Rationale:

TO:                     Dr. Brent Stephens, Superintendent

FROM:   Baje’ Thiara, Associate Superintendent 

                              Wyn Skeels, CTE Program Supervisor

DATE:                    October 19, ,2019

SUBJECT:             Request for Course Approval – Robotics Build, Advanced

 

Berkeley High School and the Career Technical Education Program are requesting approval of a new course, Robotics Build, Advanced.  This will be the Capstone course in the Engineering and Technology Pathway under development. 

 

Background Information

This course is the continuation of our Intermediate Robotics Engineering course “Robotics Build”.  Students will continue their work in engineering teams as they focus on advanced levels of design, build and testing of increasingly complex robots through participating in FIRST and similar robotics competitions. The course will illustrate the importance of integrating sensors, complex machine control, and examine robot learning and multi-robot systems.  Students will be expected to solve challenges using physical robots and computer simulations. Students will work in teams to complete a larger design problem and participate in local and regional competitions. Special attention will be paid to the design process and its communication through both presentation and documentation. Students will explore additional hardware and software solutions to robotics problems.  Students will learn advanced hardware and software techniques, as well as mathematics and physics to understand them. Students will use additional hardware and some basic software platforms to begin to understand robotics applications including arduino and parallax.



 
Attachments:
Request for Course Approval – Robotics Build, Advanced
11.7. Request for Course Approval - Personal Finance
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:           Dr. Brent Stephens, Superintendent

FROM:    Baje Thiara, Associate Superintendent

Juan Raygoza, Vice-Principal BHS

DATE:        September 5, 2019

SUBJECT: New Course:  Personal Finance


BACKGROUND INFORMATION 

 

Berkeley High School is requesting Board approval for a semester-long course entitled Personal Finance: Dream, Plan, Execute, Thrive.  This course has received UCOP “G” History/Social Science Elective credit. 


This is a 12th-grade elective course with a  focus on the National Standards for Financial Literacy, created by the Council for Economic Education. The purpose of this class is to give students a sound understanding of and contextual interaction with, personal finance as they prepare for the transition to adulthood. Units include completing a W2, getting a credit report, reading a lease and writing a check and balancing accounts, creating a financial plan and career exploration. 


In this class, students will be required to keep a portfolio (electronic or paper) that documents of future goals with detailed plans and progress towards execution as they progress through each unit. For each unit has a specific portfolio requirements.  The portfolio will be collected and assessed after each unit.   


A sample of some of the course units is as follows;  Unit 1: Designing the Life You Want to Live. Before students can start thinking about their financial literacy, they need to dream, define their purpose and set some goals around both of these items. Dreams, purpose, and goals are the who, what, where, when and why. Financial planning is the how. Unit 2: Earning Income & Human Capital includes career exploration, analysis of evolving job market, college & trade schools, a study of entrepreneurship, cover letter, resume & interview skills. Unit 3: Buying Goods & Services includes money mindsets, needs vs. wants, spending, budgeting, and taxes. Unit 4: Banking & Savings, Unit 5: Using Credit, Unit 6: Financial Investing, Unit 7: Protecting & Insuring, Unit 8: Thrive (Your Financial Plan).

 
Attachments:
New Course: Personal Finance
11.8. Request for Course Approval - CTE Graphic Design
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:           Dr. Brent Stephens, Superintendent

FROM:    Baje Thiara, Associate Superintendent

Juan Raygoza, Vice-Principal BHS

DATE:    August 23, 2019

SUBJECT: New Course: CTE Graphic Design

 

BACKGROUND INFORMATION

 

Berkeley High School is requesting Board approval for a year-long course entitled  CTE Graphic Design. This course has already been approved by UCOP as a Visual Arts “F” course offering as of July 25, 2019.

 

The purpose of the course is to facilitate the continued growth of our CTE classes in the visual arts and the Digital Media Pathway. There are rigorous academic possibilities for students to engage in digital communication in a variety of programs such as Adobe InDesign & Adobe PhotoShop. This course would be situated as a stand-alone class that could feed into our current Adv. Digital Photography class, Yearbook, Jacket, or into the AP Studio – 2-d track which was approved by UCOP. 

 

This is a vital course for students who are seeking to broaden their understanding of the visual arts, as well as providing a hands-on course that prepares students for internships, assistantships, and provides students with the tools to start their own graphic design business.

This course would be taught by a CTE instructor who is bringing in real-world challenges for students to engage with the course materials.

 

A sample of some of the course units are as follows; File Management & Document Preparation, Elements of Design Challenges,  Typography Poster Designs, Identity Package Design & Branding, Professional Client Product Branding, Independent Design Challenges, as well as tutorials all leading to the production of a year-long student portfolio.  Together, these units allow the students to learn real-life, post-graduation skills that they are sure to use outside of high school.



 
Attachments:
New Course: CTE Graphic Design
11.9. Approval of Amendment to Contract CCTR-9004 with California Department of Education for General Child Care & Development Programs 2019-2020
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Bajé Thiara, Associate Superintendent, Educational Services
DATE:         November 6, 2019
SUBJECT:  Approval of Amendment to Contract CCTR-9004 with California Department of Education for General Child Care & Development Programs 2019-2020

BACKGROUND INFORMATION:
Each year the District enters into a contract with the California State Department of Education (CDE) for funding for General Child Care & Development Programs Funding which is based on actual student attendance with each full day of student attendance generating revenue of $52.78 per day instead of $51.22 per day for school age students.

The amended amount for the California School Age Program (CCTR) is $2,012,439 an increase of Child Days of Enrollment (CDE) to 38,129 for BUSD’s Child Care Services.  This reflects an increase of Child Days of Enrollment (CDE) from 37,962 of Child Days of Enrollment (CDE).

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$68,151 increase in revenue for the General Child Care & Development programs (CCTR).

STAFF RECOMMENDATION:
Accept the contract amendment.

 

 



 
11.10. Approval of Amendment to Contract CSPP-9004 with California Department of Education for California State Preschool Program 2019-2020
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Bajé Thiara, Associate Superintendent, Educational Services
DATE:         November 6, 2019
SUBJECT:  Approval of Amendment to Contract CSPP-9004 with California Department of Education for California State Preschool Program 2019-2020

BACKGROUND INFORMATION:

Each year the District enters into a contract with the California State Department of Education (CDE) for funding for California State Preschool Program (CSPP). Funding is based on actual student attendance with each full day of student attendance generating revenue of $53.41 per day instead of $51.84 per day for preschool age students.

The amended amount for the California State Preschool Program (CSPP) is $3,263,663 an increase of $110,603 for BUSD’s Preschool Program.  This reflects an increase of 61,105.8 of Child Days of Enrollment (CDE) from 60,823 of Child Days of Enrollment (CDE).

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$110,603 increase in revenue for the California State Preschool Program (CSPP).

STAFF RECOMMENDATION:
Accept the contract amendment.

 

 



 
11.11. Approval of a Contract with JUV, Inc. as a General Contractor for the Door Hardware Upgrade Project – Group 2 and Resolution and Approve Resolution # 20-014
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:                  Brent Stephens, Ed.D., Superintendent
FROM:            John Calise, Executive Director of Facilities    
DATE:            November 6, 2019
SUBJECT:     Approval of a Contract with JUV, Inc. as a General Contractor for the Door Hardware Upgrade Project – Group 2 and Resolution and Approve Resolution # 20-014

BACKGROUND:
The Door Hardware Upgrade Project – Group 2 includes columbine lock installation at Malcolm X, Washington, Rosa Parks, BAM, Longfellow Middle School, King Middle School, Emerson, and Cragmont at all classroom doors. 

The project was publicly advertised two times before the bid opening as required per Public Contract Code.  A mandatory pre-bid site walk occurred on September 25th where 8 contractors attended.  Dozens of prime contractors and subcontractors were solicited to participate. Bids were publicly opened on October 10, 2019.  The bid results were as follows:

CONTRACTOR

Total Base Bid

JUV, Inc.

$677,700

Bay Construction

$716,000

Artnz Builders, Inc

$729,564

Three bids were received.  The lowest responsible bidder is JUV, Inc.

RECOMMENDATION:
Approve a contract with JUV, Inc as a general contractor for the Door Hardware Upgrade Project – Group 2 and approve Resolution # 20-014.

.FISCAL IMPACT: 
Cost award by this action: $677,700 to be paid from Measure I bond funds. .  All costs are contained within Measure I bond funds.



 
Attachments:
Measure I Program Budget Summary Worksheet
Resolution 20-014
11.12. Approval of Master Contracts for Residential Nonpublic Schools for 2019-20 School Year (9/1/2019-12/31/2019)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

To:           Brent Stephens, Ed. D., Superintendent

From:      Jan Hamilton, Ed. D., Executive Director of Special Education

Date:        November 6, 2019

Subject:   Approval of Master Contracts for Residential Nonpublic Schools for 2019-20 School Year (9/1/2019-12/31/2019)

 

BACKGROUND INFORMATION

 

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

 

A Residential Treatment Center (RTC) provides students with a high-quality of care to support students’ mental health needs that require a full continuum of care. A student may require residential treatment when available school and community-based resources have been exhausted and have not successfully addressed the student's needs.

 

Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in residential nonpublic schools are deemed enrolled in public schools.

 

The service period will be 9/1/19 - 12/31/19. Students may come back from RTC or need to extend the services after 12/31/19.

 

 

Residential Non Public Schools

# of Students

Estimated Total Cost

Devereux Advanced Behavioral Health Georgia

1 (9/1/19 - 12/31/19)

$54,109.00

Total

1

$54,109.00

 

 

POLICY/CODE

Education Code 56034, 56366

           

FISCAL IMPACT

Not to exceed $54,109.00 from the Special Education Budget which may require an additional contribution from the General Fund.

 

 

STAFF RECOMMENDATION

Approve the Master Contracts for the Residential Nonpublic Schools listed above.



 
11.13. Approval of MOU for School Psychologist Services for the 2019-20 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

To:              Brent Stephens, Ed. D., Superintendent

From:          Jan Hamilton, Executive Director of Special Education

Date:           November 6, 2019

Subject:     Approval of MOU for School Psychologist Services for the 2019-20 School Year

 

BACKGROUND INFORMATION

 

The District contracts with organization, to provide School Psychologist service for Special Education Department. The School Psychologist is directly responsible for the psychological assessment of academic, social, emotional, and behavioral domains utilizing problem-solving and standardized evaluations. The School Psychologist monitors the completion of case study evaluations and participates in Individual Education Plan (IEP) conferences and problem-solving meetings designing systems, programs and services that maximize students’ social, emotional, and educational success. In collaboration with staff, families, students, and communities the school psychologist promotes effective educational environments.

 

 

 

Agency

Estimated Total Cost

USA Staffing Services of CA, LLC

$73,920.00

TOTAL

$73,920.00

 

 

 

DISTRICT GOAL

II. Strategies to Promote Student Success

V. Resources: Generate and equitably allocate resources for programs and services that enable every student to succeed.

 

POLICY/CODE

Education Code 56363

         

FISCAL IMPACT

Not to exceed $73,920.00 from the Special Education Budget which may require an additional contribution from the General Fund.

 

STAFF RECOMMENDATION

Approve the MOU listed above.

 



 
11.14. Approval of Contract Amendment for Independent Contractor for the 2019-2020 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

 

To:              Brent Stephens, Ed. D., Superintendent

From:          Jan Hamilton, Ed. D., Executive Director of Special Education

Date:           November 6, 2019

Subject:     Approval of Contract Amendment for Independent Contractor for the 2019-2020 School Year

 

BACKGROUND INFORMATION

 

The District contracts with independent contractor who can provide valuable and necessary specialized services not normally required on a continuing basis. The following services are requested.

 

To Provide School Psychologist Services to Special Education Department.

 

 

Independent Contractor

Estimated Total Cost

Cherie Marie Correa Spivey

$18,750.00

Total

$18,750.00

 

Board approved $21,000 on Aug 21 2019 Board meeting for Psychologist services, item# 12.9. Additional services needed for the reset of school year: $18,750, which brings the total amount to $ $39,750.00

 

 

POLICY/CODE

Education Code 56034,56366

         

FISCAL IMPACT

Not to exceed $18,750.00 from the Special Education Budget which may require an additional contribution from the General Fund.

 

STAFF RECOMMENDATION

Approve the Contract Amendment for the independent contractor listed above.



 
11.15. Ratification of Legal Services Agreements for Fiscal Year 2019-20
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D, Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:            November 6, 2019
SUBJECT:      Ratification of Legal Services Agreements for Fiscal Year 2019-20

BACKGROUND INFORMATION:
The following legal service agreements are being presented to the Board for approval: 

Legal fees as submitted for Liability tort claims for Fiscal Year 2019-20. Legal fees for certain tort claims, are paid as claims reimbursement only. The District pays $5,000 deductible, then reimbursed at a rate of fifty percent up to $25,000 in total expenses, at which point the District covers the cost at one hundred percent.  To cover the fees for these claims, staff is requesting the Board approve $250,000.00 for the fiscal year 2019-20.

POLICY/CODE:
N/A

FISCAL IMPACT:
Legal fees are estimated at an amount not to exceed of $250,000 for the General Fund

STAFF RECOMMENDATION:
Staff is requesting approval from the Board to enter into an agreement for Legal Services as listed above.



 
Attachments:
Ratification of Legal Services Agreement for FY 2019-20
11.16. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:            Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:        November 6, 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. Bay Area Community Resources to provide counseling services at Thousand Oaks Elementary School for the period from 11/1/19 – 6/30/20. The cost will not exceed $10,000. To be paid from BSEP Funds. Requested by Jacqui Parker.
  2. Increase in contract, for Terracon in the amount of $11,000 for geotechnical soil investigation for the Berkeley High School Theater Project. The Board approved $20,000 on 05/03/17. The additional contract amount will increase the cost by $11,000 for a total amount of $31,000. To be paid from Measure I. Requested by John Calise.
  3. Ratification of Services and Increase in Contract, for Chavan and Associates, LLP in the amount of $12,000 for prequalification review for the Measure I bond program. To be paid from Measure I. Requested by John Calise.
  4. Approve Stanton Inspection to be the Inspector of Record for the Cafeteria Kitchen project at John Muir for a total of $42,500.   To be paid from Measure I.  Requested by John Calise.
  5. Approve Stanton Inspection to be the Inspector of Record for the Cafeteria Kitchen project at Cragmont for a total of $42,500.   To be paid from Measure I.  Requested by John Calise.

 

POLICY/CODE

Public Contract Code: 20111

Board Policy 3310

 

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




 
12. Action Items
12.1. Oxford Elementary Summary and Recommendation
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Board of Education  

FROM: Brent Stephens, Superintendent, Ed.D 

DATE:   November 6, 2019

SUBJECT: Staff Recommendation, Oxford Temporary Housing, 2020-2021


BACKGROUND:

On September 26, 2018 the Board approved a Geotechnical services contract for Alan Kropp and Associates, a Berkeley-based Geotechnical Engineering firm to perform a geotechnical survey which was required by the Division of the State Architect for the reconstruction project of the existing multi-purpose room on the Oxford campus.  The reconstruction project (Board approved in January of 2018) included the demolition of the old Multi-Purpose Building and construction of a new Multi-Purpose Building with new Classrooms on the lower level. The project also included major reconfiguration and renovations to the existing Classroom/Administration wing.  

After initial site evaluation, Kropp had indicated in meetings with the District that there was a need for an expanded geotechnical investigation of the site based upon potential soil movement in the neighborhood where the campus is located.  This issue required a more extensive study to meet the requirements for project approval from the California Geological Survey (CGS) as well as the Division of State Architect (DSA).  

Based on the information provided in this meeting and validated by governing State agencies, the facilities department brought a contract modification to the Board on November 14, 2018.  The contract for more extensive services and investigation was approved and physical data collection took place over the winter break. The contract included analysis, reporting, coordination with CGS and DSA to develop project foundations which could possibly mitigate identified geo-hazards.  The scope of work as defined in the contract included multiple, very deep borings and several large-diameter borings which will allow the team geologist to accurately characterize the site conditions.  

On September 12, 2019 the Landslide Deformation Report was completed and delivered to District staff.  A study of the 444-page report by staff revealed there to be an elevated level of risk at the site which was different than what District staff had been previously aware of. 

As of November 6, 2019, BUSD staff has presented a summary of this report in four separate meetings with Oxford teachers and parents. 

Staff now recommends to relocate Oxford students and staff to the West Campus facility during the summer of 2020 for the start of the 2020-2021 school year.  This temporary housing at West Campus removes the elevated risks identified in the Alan Kropp and Associates report while the Board of Education, staff, and Oxford school community deliberate on the future of the current Oxford Street campus. No end date for this relocation is proposed at this time.


POLICY/CODE


FISCAL IMPACT

During the remainder of the 2019-2020 school year, staff will present ongoing reports on the West Campus renovation project, which was approved by the Board of Education in 2017, as well as costs associated with the move from the Oxford Street facility to West Campus.


STAFF RECOMMENDATION:

To relocate Oxford Elementary School to the West Campus facility beginning in the 2020-2021 school year.




 
Attachments:
Oxford Recommendation and Moving Forward Presentation
13. Discussion Items
13.1. First Reading of Educator Recruitment and Retention Measure Was edited within 72 hours of the Meeting
Rationale:

TO:        Board of Education

FROM:  Brent Stephens, Ed.D., Superintendent

              Natasha Beery, Director of BSEP and Community Relations

DATE:   September 4, 2019

SUBJECT: Berkeley Educator Recruitment and Retention Act - Measure Draft                    

BUSD staff is bringing for a first reading a new special tax that would generate revenue for educator recruitment and retention. The Board of Education will hold a public hearing on the new tax on November 20, 2019. If approved by the Board on that date, the measure will then be added to the March, 2020 ballot.

On September 4, 2019 and September 18, 2019, the Board heard presentations describing the educator recruitment and retention crisis facing our District, the lack of state resources to address these needs, and the process and rationale for developing a special tax measure to bring local resources to address this pressing need.

On October 23, 2019, staff provided preliminary recommendations for the development of the special tax. Since then, further work has been done with fiscal and legal review to ensure that the key factors are aligned with best practices for the state rules governing special taxes. This chart summarizes the primary elements.  An appendix with the proposed language of the full measure will be provided in an appendix.


Target Amount

  • $10M revenue, with $9.5M yield projected in the first year after county and city tax collections fees, audit expense, and required set asides for rebates and reserve.

Rate per square foot

  • $0.124/sq foot per year on developed properties

  • $25/year on undeveloped parcels.

Term

  • 12 years

Structure

  • 95% of available revenues* to be directed to educator** compensation;

  • 5% of available revenues to be directed to BUSD programs designed to recruit staff for hard-to-fill positions such as Special Education

Exemptions***

  • Very Low Income Seniors

  • Taxpayers with Supplemental Security Income (SSI) at any age

  • Taxpayers with Social Security and Social Security Disability Insurance (SSDI) income at 250% of poverty

COLA

  • Bay Area CPI


POLICY/CODE:                               

By the California Constitution, Article XIIIA, section 4 and Government Code section 50075 et seq., school districts are authorized, upon approval of 2/3rds of the electorate, to levy qualified special taxes on property in the District for the purposes of providing quality educational programs in the District and other lawful purposes of the District.                               

FISCAL IMPACT:                    

If a tax is approved by the voters, revenue of approximately $9.5 million per year would be available to support the identified programs, beginning in the 2020-21 fiscal year, and adjusting with an annual cost-of-living increase as calculated by the Bay Area Consumer Price Index (CPI) for each of the remaining years of the twelve year measure.     

STAFF RECOMMENDATION:                                    

Discuss and consider the recommendations for the Educator Recruitment and Retention Special Tax Measure, with the anticipation of taking action on final language in a public hearing on November 20, 2019 and officially calling for a tax measure to be placed on the March 3, 2020 ballot at the same November 20 Board meeting.

  

FOOTNOTES

*”Available Revenues” means the amount of money after deduction of authorized charges for services provided by the County of Alameda and the City of Berkeley for the preparation and collection of the tax, legal and audit fees, and less (1%) of the remaining revenues for planning, oversight and evaluation of measure fund use.

A reserve for rebates is also calculated; with the proposal to expand exemptions to a wider group of taxpayers it is difficult to predict the effect on revenues in the first year. For BSEP, available revenues are about 98% of the collections, for this measure, with expanded exemptions, available revenues could be lower. With the need to set up a 3% reserve in the first year, as well as set-aside funds for rebates, total available in first year may be $9.5M

*”Educator” means a salaried employee of the district (certificated or classified), but excludes contracted employees, including the Superintendent, Associate and Assistant Superintendents.

***School districts are limited in the number of exemptions that may be granted as part of a tax measure. Specifically, the district may exempt seniors, or categories of seniors (such as low income), or residents depending upon SSDI,  but a district may not apply tax exemptions more broadly. Currently BSEP and Maintenance Taxes exempt “Very Low Income” Seniors. This exemption would expand the number who qualify for the exemption.







 
Attachments:
BUSD Educator Special Tax Measure
Educator Recruitment and Retention Measure Presentation November 6, 2019
13.2. First Reading of General Obligation BondWas edited within 72 hours of the Meeting
Rationale:

TO:              Brent Stephens, Superintendent 

FROM:        John Calise, Executive Director of Facilities    

DATE:         November 6, 2019

SUBJECT:  Draft Language for Ballot Measure for a General Obligation Bond Measure 

BACKGROUND INFORMATION 

The Board had a number of discussions about placing a General Obligation Bond measure before the voters in March, 2020.  On September 4, 2019 and September 18, 2019 the Board had a presentation from the Executive Director of Facilities.  Staff advises that the language be broad enough to permit some future discretion by the Board.  

The attached draft measure is provided for Board discussion. A final version, along with Resolution, will be brought to the Board on November 20, 2019, to be filed upon approval of the Board with the County Superintendent of Education and the Registrar of Voters. 

POLICY/CODE

Sections 15100 et seq.; and Section 15266 of the Education Code.

FISCAL IMPACT

If successful, the election would allow the District to generate $380,000,000 to address sustainability needs, improve student support spaces, address facility equity issues, enhance STEM, CTE and project based learning opportunities, construct identified new projects and purchase needed equipment, and to provide for building system renewal and replacement and exterior grounds improvement.  The 10-year master plan is based on a goal to keep the tax rate for all BUSD bonds at or below the maximum amount rate reached in recent years (2003-2004 at $172.80 per $100,000 of assessed value).  

STAFF RECOMMENDATION

Discuss and consider the recommendations for a General Obligation Bond Measure, with the anticipation of taking action on final language on November 20, 2019 and officially calling to place the measure on the March 3, 2020 Ballot.



 
Attachments:
Bond Measure Draft Resolution
Bond Measure Presentation
13.3. First Reading of Maintenance Tax
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

 

TO:                 Brent Stephens, Superintendent

FROM:          John Calise, Executive Director of Facilities            

DATE:           November 6, 2018

SUBJECT:    Draft Ballot Measure for a Special Tax for Maintenance and Grounds 

 

BACKGROUND INFORMATION 

The Board has had a number of discussions about placing a measure before the voters in March 2020 to renew the District’s Maintenance and Grounds Special Tax.  On 9/4/19 and 9/18/19 the Board had a presentation from the Executive Director of Facilities. 

 

The attached draft measure is provided for Board discussion. A final version, along with Resolution, will be brought to the Board on November 20, 2019, to be filed upon approval of the Board with the County Superintendent of Education and the Registrar of Voters.  

 

POLICY/CODE

By the California Constitution, Article XIIIA, section 4 and Government Code section 50075 et seq., school districts are authorized, upon approval of 2/3rds of the electorate, to levy qualified special taxes on property in the District for the purposes of providing quality educational programs in the District and other lawful purposes of the District.           

 

FISCAL IMPACT

If a tax is approved by the voters, revenue of approximately$ 6,749,991 per year would be available to support the identified programs, beginning for the 2023-2024 school year, and adjusting with an annual cost-of-living increase as calculated by the Bay Area Consumer Price Index (CPI) for each of the remaining years of the ten-year measure.         

 

STAFF RECOMMENDATION

Discuss and consider the recommendations for renewal of the Maintenance Special Tax Measure, with the anticipation of taking action on final language on November 20, 2019 and officially calling for a tax measure for the March 3, 2020 Ballot.

 



 
Attachments:
2020 Maintenance Tax Powerpoint
Maintenance Special Tax Draft
14. Information Items
14.1. California Dashboard Local Indicators Submission 2019-2020
Rationale:

TO: Dr. Stephens, Ed.D., Superintendent

FROM: Baje Thiara, Associate Superintendent 

DATE: November 6, 2019

SUBJECT: CA Dashboard Local Indicators Submission 2019-2020


BACKGROUND INFORMATION:


As part of the California Dashboard, The State Board of Education (SBE) approved standards for the local indicators that support local educational agencies (LEAs) in measuring and reporting their progress within 5 priority areas. 


For each of these items, the LEA makes a determination for each applicable local indicator by using self-reflection tools to measure and report their progress through the Dashboard. The collection and reflection on locally available information relevant to progress on local priority areas support LEAs in local planning and improvement efforts.




 
Attachments:
CA Dashboard Local Indicators Submission 2019-2020
14.2. Williams Complaint Quarterly Report
Attachments:
Williams Complaint Quarterly Report
14.3. Youth Commission - Letter on Services Related to Homeless Youth
Attachments:
Youth Commission - Homeless Letter
15. 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.

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

Published: November 1, 2019, 6:04 PM

The resubmit was successful.