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

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.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            July 15, 2020
SUBJECT:     Authorized Agents and Authorized Signers 

BACKGROUND INFORMATION
Education Code Section 42632 for K-12 and Section 85232 for community colleges requires that signatures of all governing board members and of persons authorized by the governing board to sign orders must be filed with the County Superintendent of Schools.

Staff is submitting Resolution #20-072 Authorized Agents and Authorized signers for Payroll Warrants and Disbursements, Authorized Agents for Official Documents and Reports for Fiscal Year 2020-21 for approval to be submitted to the Alameda County Office of Education as required. 

POLICY/CODE:
Educational Code Section 42632

FISCAL IMPACT:
None

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         July 15, 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. Aramark Uniform Services to provide uniform laundry services for the Operation Department for the 2020-21 SY. The cost will not exceed $20,000. To be paid from General Fund. Requested by Raymond Young.

2. Tennant to provide repair services for district wide custodial machines as needed for the Operations department for the 2020-21 SY. The cost will not exceed $20,000. To be paid from General Fund. Requested by Raymond Young.

3. Certech Environmental Services to provide pest control services for Operations for the 2020-21 SY. The cost will not exceed $60,000. To be paid from General Fund. Requested by Raymond Young.

4 .City of Berkeley Toxic Management Division to provide hazardous and toxic materials oversight services for the District for the 2020-21 SY. The cost will not exceed $13,000. To be paid from General Fund. Requested by Raymond Young.

5. InFocus Video to provide new security cameras and installation services for Operations for the 2020- 21 SY. The cost will not exceed $50,000. To be paid by General Fund. Requested by Raymond Young.

6. Knorr Systems Inc. to provide inspection services and tri-annual cleaning with supplies for BHS pool for the 2020-21 SY. The cost will not exceed $18,560. To be paid from General Fund. Requested by Raymond Young.

7. Sentry Alarms to provide alarm monitoring services for Operations for the 2020-21 SY. The cost will not exceed $60,000. To be paid from General Fund. Requested by Raymond Young.

8. ServPro to provide fire and water cleanup and restoration services for Operations for the 2020-21 SY. The cost will not exceed $10,000. To be paid by General Fund. Requested by Raymond Young.

9. Shoreline Environmental Resources to provide Hazmat services for Operations for the 2020-21 SY. The cost will not exceed $40,000. To be paid by General Fund. Requested by Raymond Young.

10. Multimedia Consulting Services to provide technology installation services for Oxford at West Campus. The cost will not exceed $55,000. To be paid from Measure I. Requested by John Calise.

11. Renaissance Learning to provide STAR literacy and math assessments for K-8 for the 2020-21 SY. The cost will not exceed $74,000. To be paid from Instructional Materials Fund. Requested by Baje Thiara.

12. Tales2Go to provide audiobook licenses for the Library department for the 2020–21 SY. The cost will not exceed $23,000. To be paid from BSEP Fund. Requested by Jessica Lee.

13. Cyber High to provide access to client users for courses, curriculum, tools and resources for Berkeley High School and Berkeley Technology Academy for the period from 7/1/20-6/30/21. The cost will not exceed $25,193. To be paid from Instructional Materials Funds. Requested by Baje Thiara.

14. Follett School Solutions, Inc. to provide Follet Hosted Services for Library Department for the 2020- 21 SY. The cost will not exceed $18,000. To be paid from BSEPFund. Requested by Jessica Lee.

15. Newsela to provide online ELA/ELD new subscription services to the middle schools for the 2020- 21SY.  The cost will not exceed $30,000.  To be paid from Instructional Material Funds.  Requested by Baje Thiara.

16. Xterra Solutions to provide network security and troubleshooting services for the 2020-21 SY. The cost will not exceed $15,000. To be paid from General Fund. Requested by Jay Nitschke.

17. CSM Central to provide eRate consulting services for the Technology Department for the 2020-21 SY. The cost will not exceed $28,000. To be paid from General Fund. Requested by Jay Nitschke.

18. Alameda County Office of Education to provide monthly broadband internet service for the 2020-21 SY. The cost will not exceed $17,000. To be paid from General Fund. Requested by Jay Nitschke.

19. SyTech Solutions, to provide digital imaging services for District Office for the 2020-21 SY. The cost will not exceed $42,460. To be paid from Hillside Sale Proceeds Funds. Requested by Jay Nitschke.

20. CDW-G to provice content filtering and Chromebook tracking systems for Technology Department for the 2020-21 SY. The cost will not exceed $48,000. To be paid from BSEP Technology Resource. Requested by Jay Nitschke.

21. Remind to provide SMS-based communication software to improve communications with families for the 2020-21 SY. The cost will not exceed $25,400. To be paid from General Fund. Requested by Jay Nitschke.

22. WeVideo to provide access to online video-editing tools for secondary school STEM courses for the 2020-21 SY. The cost will not exceed $13,000. To be paid from BSEP Technology Resource. Requested by Jay Nitschke.

23. Intrado Interactive Services to provide phone and email communication system for families and staff for 2020-21 SY. The cost will not exceed $15,560.00.To be paid for by the General Fund. Requested by Jay Nitschke.

24. Decision Insite to provide Demographic Study for the District for the Facilities Department. The cost will not exceed $17,500. To be paid from Measure AA. Requested by John Calise.

25. School Facility Consultants to provide a new School Justification Study and assistance with Developer Fee Collection procedural updates for the Facilities Department. The cost will not exceed $20,000. To be paid from Developer Fees. Requested by John Calise.

26. Multimedia Consulting Services to provide and install audio/visual equipment and wireless access points for the West Campus Capacity Project for the Facilities Department. The cost will not exceed $60,000. To be paid from Measure I. Requested by John Calise.

27. Ratification of payment to Success for All to provide Kinder and FastTrack License Package for all K-5 schools for the 2020-21 SY. The cost will not exceed $22,000. To be paid from Instructional Materials Fund. Requested by Baje Thiara.

28. Ratification of payment to Comcast to provide Wide Area Net services and data transport of internet traffic to the Alameda County Office of Education for the 2020-21 SY. The cost will not exceed $97,000. To be paid from General Fund. Requested by Jay Nitschke.

29. Increase in contract, PO#200665 to Baker Vilar Architects to provide DSA closeout services for multiple projects. The Board originally approved $35,000 on 6/14/17. The additional amount needed is $25,000 for a total amount of $50,000. To be paid from Measure AA. Requested by John Calise.

30. Increase in contract, PO#201529 to Mobile Modular to provide additional modification for the Rosa Parks Portable Housing project. The Board originally approved $73,254 on 11/18/18. The additional amount needed is $11,248.59 for a total amount of $84,502.59. 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.

TO:                BUSD Board of Education

FROM:           Brent Stephens, Superintendent

DATE:           July 15, 2020

SUBJECT:    Agreement with Berkeley Council of Classified Employees

PURPOSE:

The District and the Berkeley Council of Classified Employees are parties to a collective bargaining agreement that includes provisions for a “me too” connection to the compensation increases described in agreements between the district and Berkeley Federation of Teachers. This agreement also satisfies the contract reopeners for the 2020-2021 school year. 

At the Board of Education meeting on November 20, 2019 the Board voted to approve an agreement with the Berkeley Federation of Teachers that would increase base compensation for all unit members by 2.5% in the 2019-2020 school year, and by 2.5% in 2021-2022. Additionally, the agreement provides for an additional increase of 7% for 2020-21 pending passage of a new parcel tax for employee recruitment and retention.

In accordance with AB1200 (Chapter 1213/1991) and Government Code Section 3547.5, a public disclosure document 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. 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.

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.

Recommended Action:

Approve the tentative agreement with Berkeley Council of Classified Employees

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens Ed. D., Superintendent
FROM:          Bonnie Christensen, Director Nutrition Service
DATE:           July 15, 2020
SUBJECT:    Approval to Enter Into Agreements to Purchase Food Supplies for the 2020-21 SY

BACKGROUND INFORMATION:
Contract for perishable food items are exempt from formal bid requirements and suppliers who are able to provide the organic, locally grown, sustainable ingredients needed for our program are limited.  For the 2020-21 SY staff is requesting authority to purchase perishable food items from suppliers as follows: 

• Crystal Dairy to provide milk and juice, not to exceed $100,000.
• City Baking to provide fresh baked breakfast items, not to exceed $150,000.
• Greenleaf to provide fresh produce and other perishable goods, not to exceed $150,000.

Contract for non-perishable food items are subject to formal bid requirements.  However, BUSD is a member of the Alameda Districts Food/Paper Cooperative, which competitively bids for these items and therefore, staff is able to purchase non-perishable food items from various suppliers.  For the 2020-21 SY, one contract will exceed the formal bid threshold.  We are requesting authority to contract with the following supplier:

•  Sysco Food Services to provide non-perishable foods and supplies, not to exceed $160,000.

POLICY/CODE:                                                               
Board Policy 3310
Ed Code 29873

FISCAL IMPACT:
$560,000. is within the Cafeteria Fund Budget

STAFF RECOMMENDATION:
Approve contracts for food supplies as listed above

TO:              Brent Stephens, Ed. D., Superintendent

FROM:       Samantha Tobias-Espinosa, Assistant Superintendent

DATE:         July 15, 2020

SUBJECT:  Approval of Amended Resolution 20-0068

BACKGROUND INFORMATION:

Approval of the amended resolution to show the correct reduction for one classified position. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Brent Stephens, Ed.D, Superintendent
FROM:         John Calise, Executive Director of Facilities
DATE:          July 15, 2020
SUBJECT:  Approval of Additional Design Services for Baker Vilar Architects for the Roofing and Legacy Closeout Contracts at Rosa Parks Elementary  

BACKGROUND INFORMATION:
The Board currently has two contracts with Baker Vilar Architects for services related to the Roof Repair and DSA Legacy Closeout. The last extension of the Roof contract was approved on June 13, 2018 for a total contract of $344,800 funded through Measure I. On June 26, 2019, the Board approved the extension of a contract with Baker Vilar for architectural services for the legacy closeout project for Rosa Parks funded through Measure AA to bring the contract total to $320,000.  Since that time, other conditions and deficiencies have been identified with the roof repair project and will impact both contracts to obtain closeout certification through DSA. Facilities is seeking Board approval to increase the overall authority for Baker Vilar Architects for Roof Repair and Legacy services in the amount of $60,000.

This add-service to both contracts address the additional design efforts related to unforeseen conditions on the roof and the elliptical canopy that are a part of the Rosa Parks Increment 1 and Increment 2 projects. To proceed with the project as outlined, Staff is requesting an increased authority of $60,000.  There will be a $40,000 addition to the legacy services portion of the contract that is funded through Measure AA. The remaining portion for the Roof Repair project will be funding through Measure I.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT: 
All costs are contained in the Measure AA and Measure I Bond Fund.

STAFF RECOMMENDATION:
Increase the authorization for Baker Vilar by $60,000 for the architectural services for both roof repair and DSA legacy closeout at Rosa Parks. If approved the new authorization for the Roofing Repair contract will be $364,800 and the new authorization for the DSA legacy closeout contract will be $360,000.   

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Brent Stephens, Ed. D, Superintendent
FROM:     John Calise, Executive Director of Facilities   
DATE:        July 15, 2020
SUBJECT:    Approval of Partial Bond Implementation Schedule-Longfellow Middle School 

BACKGROUND INFORMATION:
On July 1, 2020, the Board approved the list below of short term and impactful projects for Longfellow Middle School. 

On June 24, 2020, the Facilities Subcommittee voted to recommend to the full Board a plan to implement several short-term but impactful projects at Longfellow Middle school that could be completed over the next 12-24 months.  These projects are a direct result of the outreach that was done with the Longfellow community as well as the entire BUSD community during the Facilities Master Planning process along with recent conversations from with the Longfellow community and the Facilities Subcommittee. 

Approval of this project list will allow staff to begin the processes necessary to ensure completion of these projects within about 12-24 months.  Prioritizing these projects and adding them to the Measure G project list will also require that the Board re-allocate funds from other planned projects to fund these projects.  The Facilities Subcommittee that staff return to the Board in the fall with a proposal for re-allocations in the Measure G plan that will allow funding for the projects on this list.  At that time, the Board will be asked to approve the entire Measure G plan. 

The proposed short-term, impactful Longfellow Middle School projects include the following:

1. New multi-sport turf field with improved drainage, a delineated jogging track, and new hardcourts

2. New wrought iron fencing with concrete separation wall

3. New wrought iron gates at the entry points of the campus

4. Auditorium modernization

5. Garden update with outdoor learning environment

6. Digital marquee at the campus Entry on Derby Street (This to be further vetted with the new Administration and the LFMS community as this was a request from previous administration only)

Each of the projects listed above will have different planning, design and approval processes.  Once the design teams are chosen for each of these projects, the Board will be updated with accurate timelines along with a more in-depth analysis of project costs. 

The Facilities Subcommittee also asked staff to review the cost and feasibility of installing lockers at Longfellow, and report back in the fall with this information (with the understanding that whether installing lockers is a priority of the Longfellow staff and community is not currently clear).

FISCAL IMPACT:
Estimated costs to include all construction and program costs is $9,845,000.  At this time, this estimate is a cumulative total of conceptual pricing.  As the projects are further developed and move into conceptual design, an updated budget will be presented to the Board.  All costs of these projects will be contained within Measure G.

STAFF RECOMMENDATION:
Formally approve the allocation of dollars for the project list for Longfellow Middle School with direction to begin planning, design, and approval processes for each item on the list.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: July 15, 2020
SUBJECT: Approve Resolution # 20-074 Authorization for Emergency Repairs at the District Office

BACKGROUND INFORMATION:
On July 3rd at approximately 6 pm an unidentified individual entered the West Campus from the west and set fire to several chemical toilets located against the District Office building located at 2020 Bonar Street.  These Chemical toilets were currently housed in the alley on the west side of the building for the construction work that is taking place on the West Campus as the Increment 2 Modernization Project.  The fire caused damage to the outside of the building on the west side as well as damage within the District’s Admissions office. While the damage was localized, the entire building was affected by smoke and odor that was neutralized and has been mitigated.  Additionally, air sampling along with swab samples were taken and analyzed to ensure the safety of staff prior to returning to work. 

Public Contract Code section 20113(a) provides that in an emergency, when any repair, alteration, work, or improvement is necessary to any facility of public schools to permit the continuance of existing school classes, or to avoid danger to life or property, the governing board may, by unanimous vote, with the approval of the county superintendent of schools, make a contract in writing or otherwise on behalf of the District for the performance of labor and furnishing of materials or supplies for the purpose without advertising for or inviting bids.

Public Contract Code Section 1102 defines an “emergency,” as used in Public Contract Code Section 20113, as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

POLICY/CODE:
Public Contract Code section 20113(a), 1102

FISCAL IMPACT:
Not to exceed the price of $450,000.  District contribution TBD with Property and Liability Insurance Carrier

STAFF RECOMMENDATION:
Approval of resolution 20-074 to enter into a contract for construction and restoration services.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: July 15, 2020
SUBJECT: Approval to Enter into an Agreement with Cole Supply, a local distributor and member of Network Services Company, to Purchase Custodial Supplies and Provide Repairs as a Part of a Piggyback Bid through OMNIA Partners

BACKGROUND INFORMATION:
Cole Supply is a new supplier to the District. The District met with three vendors to determine who would be the best fit for the District. The District determined that Cole Supply would best meet overall District needs. As a USGBC (US Green Building Council) member, Cole can assist the District in achieving its transition to the use of green products and reaching our overall sustainability goals. The District expects to purchase custodial supplies, custodial equipment, and maintain equipment from this vendor. We anticipate spending $290,000 for custodial supplies for the 2020-2021 school year. 

POLICY/CODE:
Board Policy 3310  

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

STAFF RECOMMENDATION:
Approve Cole Supply for custodial supplies and provide repairs as a part of a piggyback through Network Services Company Contract #202329-01 available through OMNIA Partners for an amount not to exceed $290,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed.D., Superintendent
FROM:    John Calise, Executive Director of Facilities    
DATE:     July 15, 2020
SUBJECT:  Approval to Enter into an Agreement with Grainger Industrial Supply to Purchase Air Purifiers in Conjunction with the State of California NASPO Value Point Contract  and Approval of Shift within Measure I Program Budget

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. We are utilizing the Measure I FFE budget to purchase air purifiers to provide across the District.  The total cost to supply this item will be not to exceed $325,000.  To fund this purchase it requires a shift in the Measure I budget from the ending fund balance to the FF&E line.

POLICY/CODE:
Board Policy 3310 

FISCAL IMPACT:
Costs to be paid from Measure I.  Shift of funds from the Fund Balance to FF&E

STAFF RECOMMENDATION:
Approve Grainger Industrial Supply to purchase air purifiers  for an amount not to exceed $325,000 utilizing the piggyback contract in conjunction with the State of California NASPO Value Point Contract. Approve shift in funds within the Measure I Program Budget. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: July 15, 2020

SUBJECT: Authorization for New Construction Project (Increased Handwashing Capacity) – Measure G

BACKGROUND INFORMATION 

As a response to the current COVID-19 pandemic and in the interest of student and staff health, the Facilities Division, on May 6, 2020 received Board authorization to hire HY Architects and the necessary engineering sub consultants to perform a feasibility analysis on the installation of additional handwashing fixtures to increase capacity at BUSD campuses.  HY Architects along with sub-consultant plumbing and electrical engineers have completed the analysis and cost estimating associated with this project for each campus. 

The feasibility analysis performed by HY Architects has afforded the District the opportunity to understand where additional handwashing fixtures can be installed at each of the District’s campuses along with the estimated costs, construction impacts and timelines.  The locations of all additional sinks hve been shared with campus leaders.

FISCAL IMPACT

Total project cost for design, engineering, construction and all soft costs is estimated at $9,300,000.  All costs will be contained within a new project budget within Measure G.

STAFF RECOMMENDATION

Approval of handwashing capacity project.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE: July 15, 2020
SUBJECT: Approval of the 2020/21 Measure H Annual Plan 

BACKGROUND INFORMATION:
One of the key tasks of the Facilities Safety and Maintenance Oversight Committee (FSMOC) is to consider the Annual Plan.  The measure states,

“An expenditure plan (the “Annual Plan”) shall be developed annually by District staff with input from the Facilities Safety and Maintenance Oversight Committee.  The Annual Plan will recommend expenditures of the tax proceeds that are consistent with the intent of the Measure.  The assumptions associated with the recommended expenditures shall be included in the Annual Plan.  The Plan shall be presented for Board action each year in conjunction with the District’s annual budget adoption process.  To facilitate public discussion, the recommended Annual Plan shall be distributed to the Facilities Maintenance and Security Advisory Committee and made available for public review two week prior to Board action.”

In the past, the following reports were approved:

Date Type   Period Covered

October 17, 2001 Strategic Plan

January 9, 2002 Annual Plan 7/1/01 – 6/30/03

October 1, 2003 Annual Plan 7/1/03 – 6/30/04

October 20, 2004 Annual Plan 7/1/04 – 6/30/05

November 16, 2005 Annual Plan 7/1/05 – 6/30/06

June 28, 2006 Annual Plan 7/1/06 – 6/30/07

June 27, 2007 Annual Plan 7/1/07 – 6/30/08

June 25, 2008 Annual Plan 7/1/08 – 6/30/09

June 24, 2009 Annual Plan 7/1/09 – 6/30/10

June 23, 2010 Annual Plan 7/1/10 – 6/30/11

June 22, 2011 Annual Plan 7/1/11 – 6/30/12

June 20, 2012 Annual Plan 7/1/12 – 6/30/13

June 26, 2013 Annual Plan 7/1/13 – 6/30/14

June 11, 2014 Annual Plan 7/1/14 – 6/30/15

June 25, 2015 Annual Plan 7/1/15 – 6/30/16

June 29, 2016 Annual Plan 7/1/16 – 6/30/17

June 28, 2017 Annual Plan 7/1/17 – 6/30/18

June 27, 2018 Annual Plan 7/1/18 – 6/30/19

December 11, 2019 Annual Plan 7/1/19 – 6/30/20

This is the eighth Measure H Plan and the first plan of the new 2020 Measure H.

POLICY/CODE:
Measure H, the Berkeley Public Schools Facilities Safety and Maintenance Act of 2020.    

FISCAL IMPACT:
The fiscal impact is contained in the Plan; all costs will be paid from Measure H.    

STAFF RECOMMENDATION:
Approve the Measure H 2020/21 Annual Plan.   

To: Berkeley Unified Board of Education

From: Brent Stephens, Superintendent

Re: Resolution to Waive the Need for a Second Reading and Approve Draft Board Policies

Date: July 15, 2020

\BUSD Board Bylaw 9310,  Board Bylaws, requires that the Board conduct two readings of a policy that it seeks to amend.BB 9310 reads, “The Board, by a 2/3 vote, may waive the need for a second reading and approve the draft Board Policy at the meeting in which the first reading occurs so long as the draft Board Policy is listed in the agenda as an action item.”

The full bylaw is cited below:

The District shall create and revise its policies as follows:

1. The Board, the Policy Subcommittee, or the Superintendent or designee shall regularly identify the need to adopt a new Board Policy or revise an existing Board Policy.

2. Unless the Board directs otherwise, the Policy Subcommittee shall discuss the need to adopt a new Board Policy or revise an existing Board Policy at one or more Policy Subcommittee meetings. The discussion may include, but not be limited to, how the proposed Board Policy or Board Policy change may affect student learning, community expectations, staff recommendations, and/or fiscal impact as well as the Board Policy's impact on governance and operational efficiency.

3. The Policy Subcommittee or Superintendent may request that legal counsel review the draft Board Policy as appropriate.

4. After the Policy Subcommittee approves a new Board Policy or revision to an existing Board Policy, the Superintendent or designee shall present the draft Board Policy for a first reading at a public Board meeting. At this meeting, the Board shall determine whether it wants additional modifications to the draft. If no modifications are requested, then the Superintendent or designee shall place the draft Board Policy on the agenda of the next Board meeting for the second reading and approval. The Board, by a 2/3 vote, may waive the need for a second reading and approve the draft Board Policy at the meeting in which the first reading occurs so long as the draft Board Policy is listed in the agenda as an action item. If the Board determines that it wants minor modifications to the draft, the Superintendent or designee shall make the necessary changes and shall, unless otherwise directed by the Board, place the revised draft Board Policy on the agenda of the next Board for the second reading and approval. If the Board determines that it wants significant modifications to the draft, the Board Policy shall be returned to the Policy Subcommittee for further review consistent with the direction of the Board.

In this evening’s action item, the Board will vote to waive the requirement for a second reading so that it can consider and approve four policies related to COVID-19:

Item 12.2.2 Short Term Accommodations for Medically Vulnerable Personnel

Item 12.2.3 BP 0460 - COVID-19 Mitigation Policy

Item 12.2.4. BP 4040 – Personnel, Employee Use of Technology

Item 12.2.5. BP 1250 – Community Relations, Visitors/Outsiders

TO:              Brent Stephens, Ed. D., Superintendent

FROM:       Samantha Tobias-Espinosa, Assistant Superintendent

DATE:         July 15, 2020

SUBJECT:  Board Policy - Short Term Accommodations for Medically Vulnerable Personnel

BACKGROUND INFORMATION:

Due to the current pandemic and the need to address the needs of employees identified as high risk and provide accommodations for those employees, this policy has been developed to support the process by the District. This policy builds on the Americans with Disabilities Act Interactive Process for providing accommodations for staff. 

Staff Recommendation: Approval of the draft policy "Short Term Accommodations for Medically Vulnerable Personnel"

To: Berkeley Unified Board of Education

From: Brent Stephens, Superintendent

Re: BP 4040 – Personnel, Employee Use of Technology

Date: July 15, 2020

Board Policy 4040, EMPLOYEE ACCEPTABLE USE AGREEMENT FOR ELECTRONIC RESOURCES & THE INTERNET, describes the responsibilities of BUSD employees with respect to the use of technology, electronic resources, and the internet. This policy is being amended to reflect the conditions likely to be present in the 2020-2021 school year, including employees working remotely from their homes.

To: Berkeley Unified Board of Education

From: Brent Stephens, Superintendent

Re: BP 1250 – Community Relations, Visitors/Outsiders

Date: July 15, 2020

BUSD staff proposes an amendment to Board Policy 1250, Community Relations, Visitors/Outsiders in light of restrictions required to mitigate the risk of COVID-19 when on-campus instruction is permitted and possible.

The Board Policy is amended to include the following language:

“During the 2020-2021 school year, the Governing Board recognizes that precautions against the COVID-19 virus will require that visits to classrooms, school common areas, and other locations on campus be restricted in the interest of student, staff, and community health. The Superintendent shall develop plans for school visitors so that contact between visitors, staff, and students is consistent with state and local health guidance

The Superintendent shall also develop plans consistent with state and local health guidance for visitors to all BUSD office locations.”

TO: Brent Stephens, Ed. D., Superintendent

FROM: Samantha Tobias-Espinosa, Assistant Superintendent

DATE:July 15, 2020

SUBJECT: Board Policy 0470 - COVID-19 Mitigation

BACKGROUND INFORMATION:

Due to the current pandemic and the need to address multiple issues related to students and staff, CSBA drafted this policy as a framework for Districts to implement. This policy provides support for multiple aspects of board policy that are needed to address the ongoing concerns related to COVID-19.

Staff Recommendation: Approval of the draft policy "COVID-19 Mitigation"

To:  Berkeley Unified Board of Education

From: Brent Stephens, Superintendent

Re:  Approval of SUperintendent's Recommendation to the Begin the 2020-2021 School Year with Distance Learning

Date:  July 15, 2020

In this Action Item, the Board of Education will vote on the Superintendent’s recommendation to begin the 2020-2021 school year with distance learning.  

1. Elementary and middle schools will stay in distance learning for the first eight weeks of instruction, until October 9th. 

2. High school students will also stay in distance learning, most likely until the December break. The Board of Education will assess the feasibility of transitioning to campus learning sooner, at the quarter break.

3. BUSD will begin a phased, prioritized reopening of key programs as soon as the district can implement required risk reduction practices, and contingent on the amendment of current Shelter-in-Place orders.

Prior to the action item, staff will provide the Board of Education a brief update on Fall 2020 planning activities over the summer, as well as recent data from the City of Berkeley Department of Public Health on COVID-19 infections and mitigation efforts.

To: Berkeley Unified Board of Education

From: Brent Stephens, Superintendent

Re: Resolution to Waive the Need for a Second Reading and Approve Draft Board Policies

Date: July 15, 2020

In this Action Item, the Board of Education will vote on the Superintendent’s recommendation to begin the 2020-2021 school year with distance learning.  

1. Elementary and middle schools will stay in distance learning for the first eight weeks of instruction, until October 9th. 

2. High school students will also stay in distance learning, most likely until the December break. The Board of Education will assess the feasibility of transitioning to campus learning sooner, at the quarter break.

3. BUSD will begin a phased, prioritized reopening of key programs as soon as the district can implement required risk reduction practices, and contingent on the amendment of current Shelter-in-Place orders.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: July 15, 2020
SUBJECT: Public Hearing to Approve Resolution 20-073 to Authorize Public Utility Easement (PUE) at BUSD Transportation Facility 

BACKGROUND INFORMATION:

On December 17, 2018, the Bay Area Air Quality Management District (BAAQMD) approved a grant application submitted by BUSD’s transportation manager Sheila Collier to provide eight electric buses to the Berkeley Unified School District.  Since that time, the Facilities Department has been working with Pacific Gas and Electric (PG&E) to provide and install the necessary electrical infrastructure from the transmission lines to the new switchgear and service provided and installed by BUSD.  The Public Use Easement (PUE) is the last requirement by the utility provider to provide the necessary infrastructure.  In March of 2020 the design for the infrastructure to be installed by BUSD was approved by the City of Berkeley and the project was put out to public Bid.  This project was awarded on May 6, 2020 by the BUSD Governing Board and the contractor has mobilized on the site to perform the necessary “Behind the Meter (BtM)” construction work.

Convening of this public hearing and the approval of this resolution will allow the Governing Board the authority to grant the right of a Public Utility Easement (PUE) to the utility provider (PG&E) as required to complete this project.  

FISCAL IMPACT:
There are no fiscal implications to this resolution

STAFF RECOMMENDATION:
Approval of resolution 20-073 to grant the Public Utility Easement.