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. 

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. 

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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Stephens, Ed.D., Superintendent

FROM:             Baje Thiara, Associate Superintendent 

PRESENTERS: Debbie Dean, Principal, Chris Albeck, Vice Principal, Denise Milner, Teacher, Farah Disston, Student, Azaria Stauffer Barney, Student, Siobhan Reed, Student

DATE:               November 20, 2019 

SUBJECT:        Willard in the Spotlight

PURPOSE:

Willard will demonstrate how we teach to the whole child. We strive to create a positive environment for students to succeed both academically and social-emotionally. This begins with Advisory lessons that address the developmental needs of students. From Advisory, students enter their academic classes with the support and confidence that they can learn, grow, and thrive in an ever changing world. They have positive relationships with their teachers who they come to trust and therefore take academic risks so they can reach their potential. As a school we examine assessments to measure academic growth. In this presentation we will highlight our five year progress on the Standards Based Assessment. Later in the presentation we will showcase students who participated in math support classes and review their academic progress as measured by this annual state assessment. This presentation will be an example of how middle schoolers need the balance of both social emotional support and academic rigor. 

BERKELEY UNIFIED SCHOOL DISTRICT

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

FROM:             Baje Thiara, Associate Superintendent 

PRESENTERS: Debbie Dean, Principal, Chris Albeck, Vice Principal, Denise Milner, Teacher, Farah Disston, Student, Azaria Stauffer Barney, Student, Siobhan Reed, Student

DATE:              November 20, 2019 

SUBJECT:        Willard in the Spotlight

PURPOSE:

Willard will demonstrate how we teach to the whole child. We strive to create a positive environment for students to succeed both academically and social-emotionally. This begins with Advisory lessons that address the developmental needs of students. From Advisory, students enter their academic classes with the support and confidence that they can learn, grow, and thrive in an ever changing world. They have positive relationships with their teachers who they come to trust and therefore take academic risks so they can reach their potential. As a school we examine assessments to measure academic growth. In this presentation we will highlight our five year progress on the Standards Based Assessment. Later in the presentation we will showcase students who participated in math support classes and review their academic progress as measured by this annual state assessment. This presentation will be an example of how middle schoolers need the balance of both social emotional support and academic rigor.

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. 

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       November 20, 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.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       November 20, 2019
SUBJECT:     Changes to Contracts for Temporary Teachers

BACKGROUND INFORMATION:
Given the California Ed Code and the responsibility to properly classify the new teachers in the Berkeley Unified, District staff is recommending the following changes, which honor the years of service these teachers have provided to the students of BUSD. Fifteen teachers will remain on temporary contracts due to covering approved leaves and short-term funding. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            November 20, 2019 
SUBJECT:      SPED Executive Director  

BACKGROUND:
Attached is the job description for the existing classification of Special Education Executive Director.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties of the SPED Executive Director. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            November 20, 2019 
SUBJECT:      Fiscal Services Manager

BACKGROUND:
Fiscal Services is requesting a new classification where the incumbent will provide direct supervision, training, and support to 8 Budget Analysts and 2 Accounting Technicians in the Fiscal Services Department. The incumbent would also manage 2-3 high level programs. See attached job description.

FISCAL IMPACT:
$105,000 Annually

STAFF RECOMMENDATION:
Approve the duties of the new classification of Fiscal Services Manager.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D, Superintendent
FROM:  Pauline Follansbee, Assistant Superintendent of Business Services
DATE:   November 20, 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. Your Cause (AT&T) donated $250 to Thousand Oaks Principals Discretionary Fund.
2. Your Cause (PGE) donated $120 to Thousand Oaks Principals Discretionary Fund.
3. The Sports Basement donated $201 to Thousand Oaks Principals Discretionary Fund.
4. Cragmont PTA donated $2,000 for supplies for art teacher.
5. Berkeley Public Schools Fund donated $35,000 for the purpose of; to pay for the Longfellow Vision Plan, Schools Fund 19-20 Strategic Impact Grant 15-767.
6. Willard PTA donated $8,800. To Willard Athletic Director.
7. Trellis Education donated $15,000. To Berkeley High School to the fund any school that provides the Teacher Scholar an extra release period; to ensure the teacher is paid 1.0 FTE with full salary and benefits.

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 $61,371.00 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

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

FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services

DATE:        November 20, 2019

SUBJECT: Approve Listing of Warrants issued in October  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 October is attached for the Board’s review.

POLICY/CODE:

Educational Code Section 41010 et seq.

STAFF RECOMMENDATION:

Approve the monthly bill warrant list for the month of October 2019.

FISCAL IMPACT:

$6,200,469.32 for the month of October 2019 from various funds.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent

FROM:        Pauline Follansbee, Assistant Superintendent

DATE:        November 20, 2019

SUBJECT: Approval of Payroll Warrants Issued in October 2019

BACKGROUND INFORMATION 

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 October 2019.

POLICY/CODE

Educational Code 41010 et seq.

FISCAL IMPACT

$8,476,795.06, for October 2019 from various funds.

STAFF RECOMMENDATION

Approve payroll payments made in October 2019.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:        November 20, 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. R.I.S.E., to provide academic assistance for Berkeley High School students and their families for the periodfrom 8/26/19 - 6/12/20. The cost will not exceed $15,000. To be paid from BSEP School Discretionary Fund. Requested by Natasha Beery.
2. SevenOaks Consulting, to provide consulting services for Federal Program Monitoring findings program as required by the District. The cost will not exceed $20,000. To be paid from General Fund. Requested byBaje Thiara.
3. Lindamood-Bell Learning Processes, to provide sensory-cognitive instruction services to Special Education for the period from 9/3/19 – 1/30/20. The cost will not exceed $11,005.74. To be paid from General Fund.
4. Quality Bidders, to provide prequalification services for the Measure I bond program for the Facilities Department. The cost will not exceed $21,825.To be paid from Measure I.Requested by John Calise.
5. Consolidated Engineering Laboratories, to provide special inspections for the Kitchen Cafeteria project at Cragmont and John Muir for the Facilities Department. The cost will not exceed $23,258. ($14,993 for Cragmont, $8265 for John Muir) To be paid from Measure I.Requested by John Calise.
6. Byrens Kim Design Works, to provide architectural services for the Parking Lot Project at West Campus for the Facitilies Department. The cost will not exceed $46,800.To be paid from Measure I.Requested by John Calise.
7. Terracon, to provide preparation of bid documents for hazardous materials for the Berkeley High School Theater Project for the Facilities Department. The cost will not exceed $10,000. To be paid from Measure I. Requested by John Calise.
8. Increase to PO 200164 for One Source Engineering, to provide boiler services for the Maintenance Department for the period 7/1/19-6/30/20.  The Board originally approved $80,000 on 06/26/19.  The additional amount needed is $20,000, for a total amount of $100,000. To be paid from Measure H.  Requested by Steve Collins. 
9. San Joaquin County Office of Education, to provide Medi-Cal billing services for the 2019/20 SY. The cost will not exceed $12,000. To be paid from Medi-Cal Reimbursement. Requested by Jan Hamilton.  

POLICY/CODE

Public Contract Code: 20111

Board Policy 3310

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Brent Stephens, Ed.D., Superintendent
FROM:            John Calise, Executive Director of Facilities    
DATE:            November 20, 2019
SUBJECT:     Approval of a Contract with On Point Construction as a General Contractor for the Rosa Parks Roof Project and Approve Resolution #20-015

BACKGROUND:
The Rosa Parks Roof Project scope is to replace the roof and structural members supporting the roof at the multi-purpose room.  The solar panels will be removed and reinstalled as part of this project.  This project has undergone a competitive bidding process.  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 19th and 24^th where 17 contractors attended.  Dozens of prime contractors and subcontractors were solicited to participate.  Prime contractors and mechanical, electrical and plumbing subcontractors were prequalified to bid on this project.  Bids were publicly opened on October 24, 2019.  The bid results were as follows:

 Four bids were received.  The lowest responsible bidder is On Point Construction.

RECOMMENDATION:
Approve a contract with On Point Construction as a general contractor for the Rosa Parks Roof Project and Approve Resolution 20-015.

FISCAL IMPACT: 
Cost award by this action: $1,278,000.  All costs are contained within the Project Budget to be paid from Measure I bond funds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent, Human Resource
DATE:         November 20, 2019
SUBJECT:   Public Hearing for Initial Proposals for Reopeners Between the District and the Berkeley Council of Classified Employees (BCCE) 

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 Berkeley Council of Classified Employees (BCCE) and the District for reopeners, for the 2019-2020 school year, between the District and BCCE for the collective bargaining agreement expiring June 30, 2021. 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                     Board of Education

FROM:               Brent Stephens, Ed.D., Superintendent

DATE:                    November 20, 2019

SUBJECT:             Public Hearing on the Superintendent’s Final Recommendation for the Berkeley Public Schools Educator Recruitment and Retention Act of 2020                 

Public input is solicited for a proposed special tax measure to address educator recruitment and retention.

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. On November 6, BUSD staff brought for a first reading the draft measure.

An appendix with the proposed language of the full measure is provided. The essential elements remain unchanged from the November 6. Reading. Minor changes in wording have clarified measure sections 2B (definition of “Educator”; 2C (applicability of operating costs only to that section;) and 3B (direction of the Board to apply annual COLA), 

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, the rate may be adjusted 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:                                   

Hold a public hearing for the purpose of soliciting public input on this new tax. Discuss and consider the recommendations for the Educator Recruitment and Retention Special Tax Measure, with the anticipation of taking action on final language 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

*For purposes of this sub-section, “Educator” shall mean any certificated and classified employee of the District, with the exception of substitute teachers and student workers. Notwithstanding the definition of “Educator,” revenues may not be used for compensation of a Superintendent, Deputy Superintendent, Co-Superintendent, Associate Superintendent(s), or Assistant Superintendent.

***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 very 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                     Board of Education

FROM:               John Calise, Executive Director of Facilities

DATE:                   November 20, 2019

SUBJECT:            Public Hearing on the Superintendent’s Final Recommendation for the Berkeley Public Schools Facilities Safety and Maintenance Act of 2020                 

Public input is solicited for a proposed special tax measure to address public schools facilities safety and maintenance.

On September 4, 2019 and September 18, 2019, the Board heard presentations describing the renewal of the Maintenance Tax, 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. On November 6, BUSD staff brought for a first reading the draft measure.

An appendix with the proposed language of the full measure is provided.

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 $7.3 million per year would be available to support the identified programs. Beginning in the 2020-21 fiscal year, the rate may be adjusted 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:                                   

Hold a public hearing for the purpose of soliciting public input on this tax renewal. Discuss and consider the recommendations for the Maintenance Special Tax Measure, with the anticipation of taking action on final language and officially calling for a tax measure to be placed on the March 3, 2020 ballot at the same November 20 Board meeting.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Ed. D., Superintendent
FROM:         Samantha Tobias-Espinosa, Assistant Superintendent, Human Resource
DATE:          November 20, 2019
SUBJECT:    Approval of Initial Proposals for Reopeners Between the District and the Berkeley Council of Classified Employees (BCCE) 

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.

Item  14.1 of this Board meeting permitted members of the public to review and comment on the proposals by both BCCE and BUSD. The Board of Education has now fulfilled its obligation under California Government Code Section 3547 to “sunshine” the initial bargaining proposals and provide an opportunity for the public to comment on these initial proposals.

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

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Approve staff’s proposal and direct staff as appropriate.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                     Board of Education

FROM:               Brent Stephens, Ed.D., Superintendent

DATE:                November 20, 2019

SUBJECT:             Resolution 20-017, Berkeley Public Schools Educator Recruitment and Retention Act of 2020, Calling an Election on March 3, 2020 to impose a Qualified Special Tax on All Parcels of Taxable Real Property in the District’s Boundaries.     

A resolution calling for a tax measure to be placed upon the March 3, 2020 ballot is appended. Board presentations, discussions and information items on this measure have taken place at the September 4, September 18, October 23, and November 6 2019 meetings of the Board. This item is also slated for a Public Hearing at the November 20 meeting.

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:                                   

Approve the resolution calling for a tax measure to be placed on the March 3, 2020 ballot.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Superintendent

FROM:          John Calise, Executive Director of Facilities            

DATE:           November 20, 2019

SUBJECT:    Resolution 20-018, Berkeley Public Schools Facilities, Safety and Maintenance Act of 2020, Calling an Election on March 3, 2020 to impose a Qualified Special Tax on All Parcels of Taxable Real Property in the District’s Boundaries.      

BACKGROUND INFORMATION 

A resolution calling for a tax measure to be placed upon the March 3, 2020 ballot is appended. Board presentations, discussions and information items on this measure have taken place at the September 4, September 18, October 23, and November 6 2019 meetings of the Board. This item is also slated for a Public Hearing at the November 20 meeting.  

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$ 7,330,841 per year would be available to support the identified programs, beginning for the 2020-2021 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

Approve the resolution calling for a tax measure to be placed on the March 3, 2020 ballot.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Superintendent 

FROM:        John Calise, Executive Director of Facilities       

DATE:         November 20, 2019

SUBJECT:  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 November 6, 2019 the Board had a presentation from the Executive Director of Facilities as well as a draft reading of the ballot language.  Staff advises that the language be broad enough to permit some future discretion by the Board.  

The attached measure and resolution is the final version for Board approval.  Upon approval of this resolution, the ballot language will be filed 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

Approve of resolution to authorize the General Obligation Bond Measure and officially call to place the measure on the March 3, 2020 Ballot.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:         November 20, 2019
SUBJECT:  Tentative Agreement with the Berkeley Federation of Teachers (BFT) for Successor                Agreement for 2019-21

BACKGROUND INFORMATION:
The District and the Berkeley Federation of Teachers (BFT) are parties to a collective bargaining agreement that ended June 30, 2019. On October 28, 2019, representatives for the District and BFT reached a Tentative Agreement (TA) to enter into a successor Memorandum of Understanding (MOU), completing all matters of negotiation through June 30, 2021. The BFT membership ratified this Tentative Agreement on November 15, 2019.

 This tentative agreement is effective July 1, 2019 through June 30, 2021, and covers an on-schedule salary increase of 2.5% for 2019-20 and 2020-21, and an additional increase of 7% for 2020-21 pending passage of a new parcel tax for employee recruitment and retention.

The agreement also stipulates Special education case managers will have limits on the number of assessments they can be assigned, and caps on the size of their caseloads and placing Independent Study teachers on the K-12 Salary Schedule. In addition, compensation for substitute teachers will now be competitive and the “Step 12 Freeze” on the salary schedule will be eliminated. The District has agreed to share fifty percent of the increase in benefits for the next two years and the Academic Calendar has been improved.

The impact of the increase in salary on the transfer from BSEP is included in the AB 1200, and is expected to increase the contribution by $179,400 in 2019-20 and by $445,100 in 2020-21. Other steps taken to balance the budget include reducing the rate contributed for retiree benefits from 2.3% to .9% which provides revenue to pay for retiree benefits on a pay-as-you-go basis, and reduces expenditures by $1 million for the Unrestricted General Fund, and making a one-time contribution from Fund 20, Special Reserve Fund for Post-employment benefits, and making on-going budget reduction or revenue enhancement in the amount of $1 million effective 2020-21.

Neither the cost nor the expenditures associated with the 7% increase in salaries pending the passage of a new parcel tax have been included in the calculations, and will be reflected in a separate fund or resource as needed.

In accordance with AB1200 (Chapter 1213/1991) and Government Code Section 3547.5, each public disclosure documents summarizing the fiscal impact of each  

of the collective bargaining agreements has been provided to the Board and is available for review by the public. The public disclosure documents include the fiscal impact of collective bargaining agreements on the Unrestricted General Fund 01 for the Teachers Union.

The Public Disclosure Documents for tentative agreement will be submitted to the Alameda County Office of Education for their review. These documents indicate that the District will maintain a positive certification at Budget Adoption without reliance on parcel tax dollars. The Superintendent and Deputy Superintendent have certified that the budget revisions necessary to meet the costs of the agreement have been made, and no further budget revisions are necessary.

FISCAL IMPACT

The General Fund will have an increase in salaries and benefits of $1.6 million for negotiated increase in salary for 2019-20 and 2020-21 as well as $500,000 for additional cost of negotiated items. These increases will be paid for by budget reductions and transfers.

STAFF RECOMMENDATION

Approve Public Disclosure documents for Collective Bargaining Agreement for BFT, and approve the Tentative Agreements for the contract with BFT for the contract years 2019-2021.

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

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.