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Regular Meeting
Berkeley USD
June 24, 2020 5:30PM
Zoom Webinar

1. Call to Order - 5:30 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 5:30 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:00 p.m. 


2. Closed Session Public Testimony
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. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.1.1. Berkeley Federation of Teachers (BFT)Confidential agenda item.
3.2. Anticipated Litigation – Special Education - One matter. Ed. Code § 54956.9, subd. (e)(2)
3.3. Public Employment (Government Code Section 54957)
3.3.1. Contract Renewal, Unrepresented EmployeesConfidential agenda item.Was edited within 72 hours of the Meeting
3.3.2. Program Manager, Special Education
3.3.3. Vice Principal
3.4. Public Employment (Government Code Section 54957)- Superintendent’s Evaluation
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of June 24, 2020
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:       June 24, 2020
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 06.24.20
Classified Personnel Report 06.24.20
11.2. Approval of Resolution 20-068 to Eliminate/Reduce Positions
Attachments:
Layoff Resolution 20-068
11.3. 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:         June 24, 2020
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.A Z Bus Sales to provide school bus repairs for Transportation Department for 2020-21 SY. The cost will not exceed $20,000. To be paid from General Fund. Requested by Sheila Collier.
  • 2.Coast Counties Truck & Equipment Company to provide repairs for Transportation Department for 2020-21 SY. The cost will not exceed $10,000. To be paid from General Fund. Requested by Sheila Collier.
  • 3.Cummins Pacific LLC to provide repair services for Transportation Department for 2020-21 SY. The cost will not exceed $15,000. To be paid from General Fund. Requested by Sheila Collier.
  • 4.Future Ford of Concord to provide repair services for Transportation Department for 2020-21 SY. The cost will not exceed $15,000. To be paid from General Fund. Requested by Sheila Collier.
  • 5.J & O Commercial Tire to provide repairs and replacement tires for Transportation Department for the 2020-21 SY. The cost will not exceed $25,000. To be paid from General Fund. Requested by Sheila Collier.
  • 6.Kelly’s Truck Repair to provide repair services for Transportation Department for the 2020-21 SY. The cost will not exceed $20,000. To be paid from General Fund. Requested by Sheila Collier.
  • 7.Peterson Power Trucks to provide repair services for Transportation Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from General Fund. Requested by Sheila Collier.
  • 8.Seven Eleven Auto Body Shop to provide auto body repair services for Transportation Department for the 2020-21 SY. The cost will not exceed $45,000. To be paid from General Fund.
  • 9.Safety Kleen to provide hazardous waste-oil deposal services for Transportation Department for the 2020-21 SY. The cost will not exceed $15,000. To be paid from General Fund. Requested by Sheila Collier.
  • 10.San Leandro Tow to provide towing services for Transportation Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from General Fund. Requested by Sheila Collier.
  • 11.Trillium to provide CNG fuel service for the Transportation Department for the 2020-21 SY. The cost will not exceed $22,000.To be paid from General Fund. Requested by Sheila Collier.
  • 12.Bay Area Community Resources to provide counselingservices to LCAP unduplicated and targeted students at Cragmont, Emerson, Jefferson, Malcolm X, Oxford and Thousand Oaks Elementary School for the period from 8/17/20 – 6/4/21. The cost will not exceed $78,000. To be paid from LCAP Funds. Requested by Baje Thiara.
  • 13.Child Therapy Institute of Marin to provide behavioral health services for LCAP unduplicated and targeted students at Berkeley Arts Magnet and Washington Elementary for the period from 8/17/20 – 6/4/21. The cost will not exceed $26,000. To be paid from LCAP Fund. Requested by Baje Thiara.
  • 14.Child Therapy Institute of Marin to provide professional development services to preschool staff for early intervention for the period from 8/17/20 – 6/4/21. The cost will not exceed $12,970. To be paid from Title 1 Funds. Requested by Baje Thiara.
  • 15.Lifelong Medical Care to provide behavioral health services for LCAP unduplicated and targeted students at Rosa Parks Elementary for the period from 8/17/20 – 6/4/21. The cost will not exceed $13,000. To be paid from LCAP Funds. Requested by Baje Thiara.
  • 16.Cal Live Scan to provide fingerprinting rolling services for Human Resources Department for the period from 7/1/20 – 6/30/21. The cost will not exceed $15,000. To be paid from General Fund. Requested by Samantha Tobias-Espinosa.
  • 17.Frontline Technologies Inc. to provide the substitute management system (AESOP) utilized by the Human Resources Department for the period from 7/1/20 – 6/30/21. The cost will not exceed $25,000. To be paid from General Fund. Requested by Samantha Tobias-Espinosa.
  • 18.AVID to provide membership for college readiness program for Berkeley High School, 3 secondary schools as well as provide middle school language learners and high school college preparatory coursework for the period from 7/1/20 – 6/30/21. The cost will not exceed $21,701. To be paid from LCAP Supplemental Fund and Title III Funds. Requested by Baje Thiara.
  • 19.Edventure More to provide STEAM & SEL education programs during summer school for the period from 7/1/20 – 7/24/20. The cost will not exceed $50,000. To be paid from Berkeley Public Schools Fund Grant. Requested by Baje Thiara.
  • 20.Increase in contract, PO#201875 to Safeguard Inc., to provide transportation to Special Education students. Original contract issued 3/4/20 for $7140. The additional amount needed is $15,035 for a total amount of $22,175. To be paid from Special Ed Fund. Requested by Baje Thiara.

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

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

 
11.4. Approval of Funds Increase for Memorandum of Understanding with County of Alameda Health Care Services Agency for 2019-2020
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:              Brent Stephens, Ed.D., Superintendent
FROM:         Bajé Thiara, Associate Superintendent, Educational Services 
DATE:          June 24, 2020
SUBJECT:      Approval of Funds Increase for Memorandum of Understanding with County of Alameda Health Care Services Agency for the 2019-2020 School Year 

BACKGROUND INFORMATION:
The District contracts with the County of Alameda Health Care Services Agency, Behavioral Health Care Services (BHCS), with respect to the provision of Educationally Related Mental Health Services (ERMHS) under the Individuals with Disabilities Education Act. BHCS will provide ERMHS to students with disabilities, as requested by the District, including assessment, assessment reports, consultation and IEP attendance, individual, group, and family therapy, crisis intervention, collateral therapy and case management and shall bill the District. 

County of Alameda

Behavioral Health Care Services

Estimated Total Cost

Numerous

$838,228.00



Multiyear MOU 2017/2018/2019 for mental health services (2017-2018 SY approved in 4/11/2018 Board meeting, item#12.8). Board approved $929,772.28 on 10/23/2019 for 2019-2020 school year. We need to increase by $838,228 which will bring 19-20 SY MOU total to $1,768,000.28. Reason for increase: number of students need mental health services increased, but not all students are Medi-Cal eligible.

POLICY/CODE:
Education Code 56363         

FISCAL IMPACT:
Not to exceed $838,228.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION:
Approve MOU funds increase for the County of Alameda Health Care Services.

 
11.5. Approval of Legal Services Agreements for 2020-21
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Brent Stephens, Ed.D, Superintendent
FROM:             Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:              June 24, 2020
SUBJECT:       Approval of Legal Services Agreements for Fiscal Year 2020-21

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

Fagen Friedman & Fullfrost to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services, Assistant Superintendent of Human Resources and Director of Special Education. The District will be utilizing these services for labor negotiations, personnel matters, student matters, general legal support and special education services.  The attorney rates are $290 to $325 per hour for Partners, $230 to $260 per hour for Associates, and $150 to $210 per hour for Paralegal/Law Clerks. This represents a $0.00 increase from 2019-20 per hour for all levels.

Atkinson, Andelson, Loya, Ruud & Romo, Attorneys to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services and Assistant Superintendent of Human Resources. The attorney rates are $295 to $315 for Partners and $285 per hour for Senior Associates and $275 for Associates and $205 to $230 per hour for Paralegal/Law Clerks/ Non-Legal Consultants. This is an increase of $5 per hour for all levels.

Burke, Williams and Sorreson, LLP to provide legal services as directed by the Superintendent, Assistant Superintendent of Human Resources and Assistant Superintendent of Business Services. The District will be utilizing these services for charter schools and personnel and student matters when needed.   The attorney rates are $280 per hour for Partners and $250 per hour for Associates. This is an increase of $10-15.00 per hour for all levels.

Dannis, Wolver and Kelley to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services and Director of Facilities.  The District utilizes these services primarily for Facilities Matters. The attorney rates are $265 to $360 per hour for Partners, $245 to $295 for Special Counsel; $195 to $260 per hour for Associates, and $130 to $180 per hour for paralegals.  Gregory J. Dannis is $400 per hour.  This is an increase of $0.00 per hour on all levels.      

Remcho Johansen & Purcell LLP to provide legal services as directed by the Superintendent, to work with Alameda County Registrar’s Office on a plan to implement Berkeley’s Measure Y1, the 2016 ballot measure for that would allow eligible 16 and 17 year olds to vote in Berkeley.  Hourly rate for M. Prinzing is $475.  Other Attorneys and paralegals are billed at rates commensurate with their experience.  Associate rates range from $330 to $400, paralegals bill at hourly rate of $160.      

POLICY/CODE:
N/A

FISCAL IMPACT:
Legal fees are estimated at an amount not to exceed of $570,000 for the General Fund and $172,000 within the Special Education Budget. Legal expenses related to the bonds will be paid for through the Building Fund not to exceed $150,000., and legal expenses related to developer fees will not exceed $15,000.

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

 
11.6. Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Ed. D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          June 24, 2020
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. Berkeley Public Schools Fund donated $1,027.55 to pay for Berkeley Certified Educator Cohort PD.15 teachers at 6/10/20 training 1.5 hr. each.
  2. Berkeley Public Schools Fund donated $97.47 to Mariah Castle and George Rose, “Peer Learning Community for BUSD Theatre Teachers”.

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 $1,125.02 in donations

 
11.7. Approve Listing of Warrants issued in May 2020
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         June 24, 2020
SUBJECT: Approve Listing of Warrants issued in May 2020.

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 May is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq,

FISCAL IMPACT:
$4,708,314.58for the month of May 2020 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of May 2020.

 
Attachments:
May 2020 Fiscal Warrants
11.8. Approval of Payroll Warrants Issued in May 2020
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         June 24, 2020
SUBJECT: Approval of Payroll Warrants Issued in May 2020

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 May 2020.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,542,768.31, for May 2020 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in May 2020.

 
Attachments:
PAYROLL WARRANTS MAY 2020
11.9. Approve Expenditures for Copiers, Maintenance, and PrintShop Services
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


TO:               Board of Education
FROM:          Jay Nitschke, Director of Technology
DATE:           June 24, 2020
SUBJECT:    Approve expenditures for copiers, maintenance, and PrintShop services

BACKGROUND INFORMATION:
In October 2017, the School Board approved and the district entered in to a five year contract for copiers, maintenance, and PrintShop copying and supplies with Xerox. This Board Document authorizes those expenditures for the 2020-21 school year.

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310

FISCAL IMPACT:
$699,000 to be paid for by the General Fund.

STAFF RECOMMENDATION:
Approve 2019-20 expense of $699,000  for district’s contract with Xerox for site copying equipment, maintenance, and PrintShop copying.

 
11.10. Approval of Resolution 20-066 for the Disposition of Surplus Property
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 
FROM: John Calise, Executive Director of Facilities 
DATE: June 24, 2020 
SUBJECT: Approval of Resolution 20-066 for the Disposition of Surplus Property

BACKGROUND:
The Facilities Department has been working with the Purchasing Department, and Maintenance staff to dispose of vehicles that are obsolete and beyond repair or their useful life.  These vehicles are located at West Campus, Plant Operations, and Transportation.  

Education Code Section 35168 requires school districts to establish an inventory system of all assets.  Each item was identified and reviewed by staff to determine the item’s disposition.  Options for items deemed surplus include: e-waste, auction, recycle or donate.

Additionally, with the construction of West Campus – parking lot, some of these vehicles are parked at West Campus require disposition.  The facilities Division performed an extensive inspection and analysis to determine if any of these items could be used elsewhere in the District.  The items on that inventory list that are deemed as surplus have either passed their useful lifespans, are in disrepair or are not needed elsewhere in the District.

RECOMMENDATION:    
Approve items to be considered surplus for disposition – Resolution # 20-066

FISCAL IMPACT:
Contract award by this action: none

 
Attachments:
Resolution 20-066
11.11. Approval of Sustainability Plan Development Contract with Strategic Energy InnovationsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: Stephen Collins, Facilities Maintenance Manager
DATE:           June 24, 2020
SUBJECT: Approval of Sustainability Plan Development Contract with Strategic Energy Innovations

BACKGROUND INFORMATION:
On November 14, 2018, the Board approved the Sustainability Plan which includes hiring consultants for development and implementation.  In the spring of 2019, a Request for Qualifications/Proposals (RFQ/P) was issued for Sustainability Plan Development for the 2019-20 FY.  Strategic Energy Innovations (SEI) was awarded a contract to provide Sustainability Plan development and implementation services.  The contract included the placement of a full-time Climate Corps Fellow with the District.

While significant progress has been made, especially in the areas of waste reduction, plan development, and community engagement, the District is committed to ongoing assessment, development, and implementation of the Sustainability Plan. With budget reductions and unknown circumstances in regard to the fall of 2020, the maintenance department has renegotiated the contract for FY 2020-21 to reflect a reduction of services and cost.  While much of the work performed on the original contract by SEI may not be completed due to limited staffing and access, it is the intent of the maintenance department to continue working towards achieving the District’s sustainability goals.We recommend the approval of a contract with Strategic Energy Innovations (SEI) in the amount of $100,000 for the 2020-21 FY.  This contract will include the placement of a full-time Senior Climate Corp Fellow.

FISCAL IMPACT:
$75,000 to be paid from Measure H; $25,000 to be paid from waste reduction grant from the Altamont Advisory Board.

RECOMMENDATION:
Approve contract with Strategic Energy Innovations (SEI) for the 2020-2021 fiscal year.


 
11.12. Approval of Resolution 20-065 a Contract with CWS Construction Group as General Contractor for the West Campus Parking Lot Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         June 24, 2020
SUBJECT:  Approval of a Contract with CWS Construction Group as a General Contractor for the West Campus Parking Lot Project and Resolution Number 20-065

 

BACKGROUND:
The West Campus Parking Lot Project consists of the installation of access controls and barriers to ensure BUSD staff have access to parking.  There is drop-off parking designated for the child development center and parking for pool users.

The West Campus Parking Lot 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 May 7th where nine contractors attended.  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 received on June 9, 2020.  The bid results were as follows:

Three bids were received. The lowest responsible bidder is CWS Construction Group.

RECOMMENDATION:
Approve a contract with CWS Construction Group as a general contractor and Resolution # 20-065 for the West Campus Parking Lot Project.

FISCAL IMPACT: 
Cost award by this action: $369,250, plus an allowance of $36,925 (10%contingency) to be paid from Measure I bond funds.  All costs are contained within the project budget.


 

 
Attachments:
Resolution 20-065
11.13. Approve Furniture Purchase for King Middle School to Enhance the Career Technical Education Program
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 
FROM: John Calise, Executive Director of Facilities 
DATE: June 24, 2020
SUBJECT: Approval to Purchase Furniture for King Middle School to enhance the Career Technical Education Program  

BACKGROUND INFORMATION:
On November 14, 2018, the Board approved the Career Technical Education Funding Implementation Plan.  The plan was to allocate the remaining balance of an estimated $1.5M from the Berkeley High School CTE project into multiple budgets for projects related to career technical education to support the programs at Berkeley High School and to assist in creating future CTE plans for our middle schools.  The furniture being purchased with this authorization is the first implementation of a CTE makerspace for BUSD middle schools.  This makerspace is located in the Science Building of King Middle School.  

Staff recommends the use of an existing “piggyback” contract awarded to Campbell Keller after a public bid under project bid 19017 with Los Rios Community College District on August 14, 2019, for the classroom and office furniture. Public Contract Code 20118 allows other districts throughout the state to award contracts based upon these bid prices for a period of five years. 

POLICY/CODE:
Public Contract Code 20118 and 20652

FISCAL IMPACT:
Award by this action: 

Furniture costs through this allocation not to exceed $75,000. All costs are contained in the remaining Berkeley High School Career Technical Education Project budget within the Measure I. 

STAFF RECOMMENDATION:
Approve the purchase of furniture from Campbell Keller in the amount of $ 75,000.  


 
Attachments:
LRCCD Notice of Award – Bid # 19017 Districtwide Furniture & Related Services
11.14. Approve Amendment for CAW Architects for the Berkeley High School Building A Theater Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 
FROM: John Calise, Executive Director of Facilities 
DATE: June 24, 2020 
SUBJECT: Approval of an Amendment for CAW Architects for the Berkeley High School Building A Theater Project

BACKGROUND:
CAW Architects developed a master plan for the Berkeley Community Theater project and then was awarded a contract to provide design and construction administration services for the classroom wing and stage box of BCT.  The project is progressing well with Division of the State Architect approval for the abatement and soft demolition of the project.  DSA is currently reviewing the building portion of the project and we anticipate approval of the plans this summer.  Here is a contract summary:

The project was originally designed to meet the Berkeley Unified School District’s minimum requirement to be a Collaborative for High Performance Schools (CHPS) “Designed” project.  Due to the significance of the project to the students and community of Berkeley it is important that a project of this magnitude have the higher certification of “CHPS Verified.”  The increased cost includes the architect and engineer to: prepare updated performance-based energy modeling to determine heat loads, EUI, and other similar calculation to support energy credits; prepare acoustical analysis calculations; develop daylight modeling studies and calculation; research and document material specification for CHPS compatibility; lead and coordinate the CHPS application process through design and construction phases of the project.

RECOMMENDATION:    
Approve amendment for CAW Architects for the Berkeley High School Building A Theater Project.

FISCAL IMPACT:
Contract award by this action: $72,700 for the consultant fee to be paid from Measure I Bond Funds.  The amended contract amount will be $3,686,153.  All costs are contained within the project budget.

 
11.15. Approval of BUSD and City of Berkeley Refuse Contract
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE: June 24, 2020 
SUBJECT: Refuse contract - City of Berkeley

BACKGROUND INFORMATION:
The city of Berkeley provides refuse collection services across the District.  This service includes collection of all trash, recyclable, and compostable waste.  The anticipated cost for the 2020/2021 school year is not to exceed $350,000.

This is an expense that is tied to the operations of the District and will be paid from the General Fund. 

RECOMMENDATION:
Approve refuse contract between BUSD and the City of Berkeley

FISCAL IMPACT:
Annual cost is estimated not to exceed $350,000.  This is a general fund expense.

 

 
11.16. Approval of BUSD and City of Berkeley Transfer Station Contract
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE: June 24, 2020 
SUBJECT: Transfer Station - City of Berkeley

BACKGROUND INFORMATION:
The City of Berkeley Transfer Station provides transfer station and dumpster services across the District.  This service includes collection of all trash, recyclable, and compostable waste.  The anticipated cost for the 2020/2021 school year is not to exceed $75,000.

This is an expense that is tied to the operations of the District and will be paid from the General Fund. 

RECOMMENDATION:
Approve transfer station contract between BUSD and the City of Berkeley

FISCAL IMPACT:
Annual cost is estimated not to exceed $75,000.  This is a general fund expense.

 
11.17. Approval to Enter into an Agreement with The Home Depot Pro InstitutionalWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: June 24, 2020
SUBJECT: Approval to Enter into an Agreement with The Home Depot Pro Institutional (formerly Supply Works) to Continue to Purchase Custodial Supplies as a Part of a Piggyback Bid with Fresno Unified through an OMNIA/ US Communities Bid. 

BACKGROUND INFORMATION:
Home Depot Pro Institutional, formerly known as Supply Works, has been a District vendor for the past 11 years. The District has purchased custodial supplies, had equipment repaired and purchased custodial equipment from this vendor. We had Board approval to expend $260,000 for custodial supplies with this vendor last year 2019-20. We are requesting the same amount for Fiscal Year 2020-21.    

POLICY/CODE:
Board Policy 3310  

FISCAL IMPACT:
Cost to be paid from the General Fund.   

STAFF RECOMMENDATION:
Approve The Home Depot Pro Institutional for custodial supplies as part of the Fresno Unified School District Contract #17-21 through OMNIA/US Communities for an amount not to exceed $260,000.

 
Attachments:
FUSD RFP# 17-21 Cleaning Supplies, Equipment and Custodial Related Products
11.18. Approval to Enter into an Agreement with Grainger Industrial Supply
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed.D., Superintendent
FROM:    John Calise, Executive Director of Facilities    
DATE:     June 24, 2020
SUBJECT: Approval to Enter into an Agreement with Grainger Industrial Supply

BACKGROUND INFORMATION:
BUSD has utilized Grainger Industrial Supply under the State of California NASPO Value Point Contract bid for the past ten years to purchase a significant portion of our maintenance supplies.  The Board approved a not-to-exceed amount of $120,000 with Grainger for Fiscal Year 2020.  We are requesting the same amount for Fiscal Year 2021.

POLICY/CODE:
Board Policy 3310 

FISCAL IMPACT:
Cost to be paid from Measure H.

STAFF RECOMMENDATION:
Approve Grainger Industrial Supply for maintenance supplies for an amount not to exceed $120,000.        


 
Attachments:
NASPO Value Point Master Agreement #8496
11.19. Approval of Resolution 20-069 to Grant the Superintendent Authority to Continue Hiring During the Summer
Attachments:
Resolution 20-069
11.20. Approval of Renaissance Software License and Online Services
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Brent Stephens, Ed. D., Superintendent
FROM:            Baje Thiara, Associate Superintendent
DATE:             June 24, 2020
SUBJECT:    Approval of Renaissance Software License and Online Services

Background Information:
Approval to purchase STAR Renaissance Star Early Literacy, Renaissance Star Math and Renaissance Star Reading for elementary and middle schools and MyOn access to online reading materials from Renaissance Learning. The cost will not exceed $140,000.

Please approve this request for instructional materials.  To be paid from Instructional Materials funds. Requested by Bajé Thiara.

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

STAFF RECOMMENDATION:
Approve the software purchases as submitted.


 
11.21. Approval of BHS Athletic academic eligibility plan for fall 2020 based on North Coast Section (NCS) Policies
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 BUSD Board of Education
FROM:            Robin Vegt and Ross Parker, Athletic Directors - Berkeley High School
DATE:            June 24, 2020
SUBJECT:      Approval of BHS Athletic academic eligibility plan for fall 2020 based on North Coast Section (NCS) policies

BACKGROUND INFORMATION:
According to NCS bylaws, students must have a 2.0 GPA in the previous grading period in order to participate in athletics. For example, a student who wishes to play a fall sport must have earned a 2.0 average in the 2nd semester, an athlete that wishes to compete in winter sports must have a 2.0 at Q1, and an athlete that wishes to compete in the spring must earn a 2.0 at S1. Due to the Covid-19 pandemic and with the goal of limiting the harm on students, BHS adopted a pass/no pass grading policy for the 4th quarter and for semester 2 grades. From an NCS eligibility standpoint, one “no pass” grade would make the student ineligible to participate in athletics this fall. This is unfair and violates the "hold harmless" tenet whereby students are negatively impacted by the pandemic based on lack of resources, family and housing situations, access to technology, etc. Also, under normal circumstances, one F (or even two Fs) does not guarantee ineligibility. For example, a student may fail (F) one class, but then have a C, A, A, B, C in the other 5 for an overall GPA of 2.33 including the failed class in the calculation.

PROPOSAL:
Temporary Change to Board Policy (6145) FROM:

To be eligible to participate in extracurricular and cocurricular activities, students in grades 7 through 12 must demonstrate satisfactory educational progress in the previous grading period including but not limited to: (Education Code 35160.5)

1. Maintenance of a minimum of 2.0 grade point average on a 4.0 scale and not more than two F’s

2. Maintenance of minimum progress toward meeting high school graduation requirements and taking at least 20 credits.

To:

Along with other WACC league schools of San Lorenzo, Arroyo, and Castro Valley High Schools to date, the Berkeley High Athletics department proposes that:

?      For athletic eligibility calculation purposes only, each Spring 2020 semester "pass" is worth 3.0

?      Each Spring 2020 semester "no pass" is worth 0

?      Maintenance of minimum progress toward meeting high school graduation requirements and taking at least 20 credits.

Under this proposal, a student taking 6 classes would remain eligible to compete in the fall as long as they pass 4 classes (4 x 3 = 12/6 classes = 2.0). Likewise, a student with 7 classes must pass 5 (5x3= 15/7 classes = 2.14). This proposal does several things: 1) Outside of just granting 100% probationary eligibility in the fall (which is an option by the way but deemed competitively unfair by other schools), this proposal gets us the closest to the "hold harmless" principle. 2) It still holds kids accountable for passing the majority of their classes. 3) It is being adopted by fellow West Alameda County Conference (WACC) schools. 4) It simplifies the process of determining eligibility in the fall

 

Why allow for 2 No-passes when current board policy only allows 1 F? The suspension of the school year came at a very inopportune time for many students, particularly those that struggle. Many students that hover near the 2.0 threshold often use the last 2 weeks of a quarter to turn in work and spend time in teacher's classrooms. School ended abruptly for BHS students on Thursday March 12th - eleven school days before the last day of the 3rd quarter. As we know, students never returned to school and many (particularly our most vulnerable) struggled till the very end to complete work or improve grades. We should not let the forced and rocky transition to distant education wreak more havoc than it needs to on our students' lives and their extracurricular ambitions.

 

Internally at BHS, we resolved that allowing 2 F’s instead one for eligibility purposes because __________________________________________________________________________.

 

FISCAL IMPACT

None

 

 

 
11.22. Approval of Board of Education Meeting Minutes
12. Action Items
12.1. Approve Resolution 20-067 on Police in Schools
Attachments:
Resolution 20-067
12.2. Approve Partial Implementation Schedule - Measure G
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: June 24, 2020
SUBJECT: Measure G Partial Bond Implementation Schedule 

BACKGROUND INFORMATION:
On March 3, 2020, the citizens of Berkeley approved a $380 million General Obligation Bond.  The bond required 55% of the voters to approve the measure and, this measure passed with overwhelming success at 80.52%.  The Board formally approved a resolution accepting the results of the election on April 22, 2020. This General Obligation Bond is governed by Proposition 39 requirements and requires the appointment of a Citizens’ Bond Oversight Committee to ensure that all Bond funds are spent in strict accordance with the text of the ballot measure.  The purpose of this Board item is to allow the Governing Board to approve the timeline to implement a partial project schedule and other practical matters associated with this new Bond for the District.

At the June 10, 2020 Board meeting, staff took direction from the Board to reconsider the complete Measure G project list and implementation schedule.  This process has begun with conversations with the Facilities Subcommittee and will also engage with larger stakeholder groups.  

At this time, the Facilities Division requests the authority to move forward with the planning of several of the projects that were specifically mentioned in the full text of the Measure G Bond language.  These projects and the timing of such are as follows:

  1. Perform a complete modernization of Berkeley High School Florence Schwimley Little Theater, including seismic upgrade and remove the accessibility barriers to meet Americans with Disabilities Act requirements and modernization – 2021/2022

  2. Perform a complete campus modernization of Sylvia Mendez Elementary school – 2022/2023

  3. Construct a parking structure on the existing parking lot/tennis courts located on Milvia Street. A parking structure to be multi-level and to accommodate staff parking and will include tennis courts on the roof to support the BUSD tennis program, physical education and community use when not in use by BUSD programs – 2023/2024

  4. Update the Solar Master Plan for District facilities and construct photo-voltaic solar arrays and other energy resiliency and efficiency projects across the District – 2020/2021

Each of the projects listed above will have an extensive planning process which will include an analysis of the California Environmental Quality Act (CEQA), community outreach and meetings, conceptual designs, schematic design and cost validation, and construction documents and DSA approval.  With the timing of these planning efforts in mind, staff recommends the following timeline:

June 2020

  • Board consideration on the partial project priority list

  • Board approval of the budget and schedule of projects

July/August 2020

  • RFQ for multiple consultants, including Construction Managers, Architects, Landscape Architects, and possibly others.  

  • Explore possible financing and issuance strategies.

August 2020

  • Board Approval or Facilities consultant “pool” to include Construction Managers, Architects, Landscape Architects, and possibly others.  

August/September 2020

  • RFQ/RFP (as appropriate) for consultants for initial projects to begin California Environmental Impact Review (CEQA) studies, Architectural services, pre-construction, and construction management services

October 2020

  • Board approval of project consultants for initial projects on the project schedule

POLICY/CODE:
Sections 15100 et seq.; and Section 15266 of the Education Code, and Board direction and decision on project scheduling.

FISCAL IMPACT:
Minimal cost to define the schedule.  Depending on Board direction, there may be some costs for legal and financial consulting advice.    

STAFF RECOMMENDATION:
Approval of the partial project schedule to initiate the newly approved bond.  

 
Attachments:
Partial Measure G Implementation Plan
12.3. Approval of Additional Budget Adjustments related to Equity Goals
12.4. Adoption of 2020-2021 BudgetWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Brent Stephens, Ed.D., Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent
DATE:          June 24, 2020
SUBJECT:    Approval of 2020-21 Budget, 2019-20 Estimated Actuals and Tier  2 Budget Reductions

PURPOSE:
To have the Board approve and adopt the 2020-21 Budget and the 2019-20 Estimated Actuals

BACKGROUND INFORMATION:
The Board received the 2020-21 Preliminary Budget and 2019-20 Estimated Actuals, and held a Public Hearing on the budget at the June 17, 2020 Board meeting.  Staff is now presenting, under separate cover, the 2020-21 Budget and 2019-20 Estimated Actuals to the Board for approval and adoption.  The following certifications maybe assigned:

  • Positive: assigned to any district that based on current projections will meet its financial obligations in the current fiscal year and two subsequent fiscal years.

  • Qualified: assigned to any district that based on current projections may not be able meet its financial obligations in the current fiscal year and two subsequent fiscal years.

  • Negative: assigned to any district that based on current projections will not be able to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.

The Adopted Budget along with the Multi-Year Projections is under separate cover, and indicates the District will be able to meet its financial obligations in the current and subsequent two fiscal years, after including $3.7 million in budget reductions in the budget.   Therefore, staff is presenting the Adopted Budget to the Board with a positive certification.

Budget Reductions

Staff will be presenting Tier 2 budget reductions in the amount of $3.7 million for Board Approval which ae included in the Adopted Budget. Budget reductions will be implemented if no additional federal funding is received.

LCAP Budget Reductions

Reductions to the LCAP budget will be presented to the Board for approval

RECOMMENDATION FOR THE BOARD:
Approve and adopt the 2020-21 Budget and 2019-20 Estimated Actuals, Tier 2 budget reductions and reductions to the LCAP budget.

NEXT STEPS:
If the enacted budget is significantly different from the May Revise, then staff will present a revised budget to the Board within 45 days.

FISCAL IMPACT:
Budget reductions and transfers to the Unrestricted General Fund and budget reductions to the LCAP budget.


 
Attachments:
Adoption of 2020-2021 Budget
12.4.1. Approval of Tier 2 Reductions
12.4.2. Approval of LCAP Reductions
12.4.3. Approval of 2020-2021 Budget
13. Discussion Items
13.1. Fall 2020 Planning UpdateWas edited within 72 hours of the Meeting
Rationale:

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: June 24, 2020

Re: Fall Planning Update

 

In this presentation and discussion, BUSD staff will update the Board of Education on recent developments related to the 2020-2021 school year, including Assembly Bill 77, updated guidance from the City of Berkeley about on-campus risk reduction practices, human resources procedures, and draft school models for on-campus and distance learning.

 


 
Attachments:
Fall Planning Update 06.24.20
13.2. 2020-21 Budget and 2019-20 Estimated Actuals
14. Information Items
14.1. New Latin Textbook for Berkeley High School for Consideration
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Dr. Brent Stephens, Superintendent
FROM:          Baje Thiara, Associate Superintendent Educational Services
DATE:            June 24, 2020
SUBJECT:      New Latin Textbook for Berkeley High School-CONSIDERATION

BACKGROUND INFORMATION:
The following Latin textbook is being recommended for adoption: Cambridge Latin, 5th ed. Unit 1, with accompanying Elevate Access for each unit (Online Support Materials), and Teacher Editions.

Title, Author: 
Cambridge Latin, 5th Ed. Authors: Cambridge School Classics Project.

Description:
Berkeley High School is recommending this textbook to be used for Latin I & II courses, with the option of using it at all levels.    

The Cambridge Latin Course (CLC) is the most versatile, accessible, and appealing textbook series for students of Latin. The Latin stories form an engaging narrative rooted in the ancient Roman experience. The explanations of grammar and cultural topics are accessible and of potential interest to all students.

The Cambridge Latin Course is the textbook used by the most innovative Latin teachers  in the US and the UK. This is to say, the textbook is the most complementary to an inclusive, proficiency-based, and student-centered approach.  Because this textbook series relies more on reading comprehension and proficiency than grammatical analysis, it aligns with the current standards more than other Latin textbooks. These standards are put forth by the American Council for the Teaching of Foreign Languages (ACTFL) as well as the American Classical League (ACL).

The Cambridge Latin Course prepares students, over the course of four years, to transition to unadapted classical texts, such as are required reading for the International Baccalaureate and Advanced Placement exams, as well as the information required for success on the National Latin Exam during all four years of study.

The Cambridge Latin Course offers the richest supplementary resources (online and in print).  In addition, because of the popularity of the CLC, many resources have been created and shared by teachers for decades. Beginning and experienced  Latin teachers alike can rely on the CLC and supplements to supply students with a rich experience of Latin during all four years. By contrast, the district’s current textbook (Latin for Americans) is outdated even in the most recent printing of 2003, and offers little in the way of teacher supports and online resources.

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
Class Set of 35 copies, with 6-year online access license, additional 6-year online access licenses to match enrollment, and teacher’s manual for Unit 1: $4262.50

Total Adoption Cost for all four units:

$16,185.00: A class set of 35 hardcover copies each of Units 1-3; a class set of 25 hardcover copies of Unit 4; associated online access for students in Latin 1 - 4 for 6 years; and teacher’s manuals for Units 1 - 4.

Going forward, there might be ongoing costs of approximately $200/year for additional online access licenses for all four units.

STAFF RECOMMENDATION:
Adopt the new textbook for Berkeley High School for the Latin Program.

ACCESS REVIEW MATERIALS ONLINE
Go to:

elevate.cambridge.org

login: Latin90_5th_6192

password: boardofed

 
14.2. LCAP COVID-19 Operations Written Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Dr. Brent Stephens, Superintendent
FROM:           Baje Thiara, Associate Superintendent
DATE:           June 24, 2020
SUBJECT:    LCAP COVID-19 Operations Written Report

PURPOSE:
This memo is to update the Board on the changes to program offerings that the district has made in response to school closures to address COVID-19, the major impacts of closures on students and families, and a description of how the district is meeting the needs of its unduplicated students. Per the California Department of Education (CDE), these updates are provided via the LCAP COVID-19 Operations Written Report.  

BACKGROUND INFORMATION:
On April 24, 2020, the Governor issued Executive Order N-56-20 which provided guidance for school districts for their Local Control Accountability Plan (LCAP). Given COVID-19, districts are focused on managing the crisis and immediate needs, and the LCAP that had been in development would require radical changes in the face of this crisis. As a result, the CDE has determined that the original 2020-2023 3-Year LCAP will no longer need to be submitted by July 1, 2020. Instead, districts are required to submit a 1-year LCAP for the 2020-2021 school year for approval and adoption by the Board by December 15th, 2020.

In lieu of the adoption of an LCAP this school year, districts are required to publish a written report to their communities explaining how they are responding to COVID-19. This report is the LCAP COVID-19 Operations Written Report. The report explains the steps the district has taken to deliver high-quality distance learning, provide school meals, and arrange for supervision of students. The report also addresses how the district is meeting the needs of its low-income, English learners and foster youth students.

NEXT STEPS:
The LCAP COVID-19 Operations Written Report must be approved by the Board in conjunction with the adoption of the budget by July 1, 2020. Once approved, the report will be made available on the district website. The LCAP COVID-19 Operations Written Report must be submitted to the county but does not need to be approved by the county superintendent of schools

 
Attachments:
BUSD 2020 LCAP COVID-19 Operations Written Report
Deck
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: June 19, 2020, 10:28 PM

The resubmit was successful.