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. 

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:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:          February 17, 2021
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:            February 17, 2021
SUBJECT:      Approval of Job Description: Payroll and Benefits Manager

BACKGROUND:

The Business Services Department has assessed its staffing and has identified the need for a Payroll and Benefits Manager.  This position will replace the current Payroll Supervisor position and assume management of the Benefits Department previously performed by the Risk Manager.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties in the attached job description for Payroll and Benefits Manager.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            February 17, 2021
SUBJECT:      Approval of Job Description: High School 504 Program Supervisor

BACKGROUND:
Attached is the job description for High School 504 Program Supervisor. This position is being created to address student needs at Berkeley High School.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties of High School 504 Program Supervisor. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed. D., Superintendent
FROM: Pauline Follansbee, Asst. Superintendent of Business Services
DATE: February 17, 2021
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. Increase in contract, PO#211153 to Raskob Day School to provide NPS services for Special Ed student. The additional amount needed is $9,073 for a total of $15,660  To be paid from Special Ed Funds.  Requested by Shawn Mansager.


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, Superintendent
FROM:            Pauline Follansbee, Assistant Superintendent Business Services
DATE:           February 17, 2021
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. Lara M Andrizzi and Stephen Andrizzi donated $443.50 to Nutrition Services to offset unpaid meals provided during 2020-21 SY.
2. The Blackbaud Giving Fund donated $269.22 to Martin Luther King Middle School, for teacher hourly.
3. Bright Funds donated $29.13 to Martin Luther King Middle School, for teacher hourly.
4. Philanthropic Ventures donated $1,000. to Martin Luther King Middle School for folding microscopes for 6^th graders.

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 $ 1770.98 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         February 17, 2021
SUBJECT: Approve Listing of Warrants issued in January, 2021.

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 January is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$6,626,999.44 for the month of January 2021 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of January 2021.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens Ed. D., Superintendent
FROM: Pauline Follansbee, Assistant Superintendent of Business Services
DATE: February 17, 2021
SUBJECT: Electrification Fleet Planning Tool Software for Electric Vehicle Chargers

PURPOSE:
The Fleet Electrification Planning Tool Software is designed for data processing service available to Berkeley Unified School District Transportation Department for transitioning to electric school buses. The software tool will incorporate data related to a variety of factors that play a key role in school bus electrification, such as electric school buses specifications, charging infrastructure, energy rates, dispatch scheduling, environmental conditions and more. The data collected will output a summary of energy costs, proposed carbon credits, rebates, incentives, infrastructure requirements, environmental impact for mandatory quarterly and annual reporting in participation with SB California Clean Air Initiative 2017.

BACKGROUND INFORMATION:
The Fleet Electrification Planning Tool Software can be used as a reference point for comparing the cost effectiveness of school bus electrification. The web interface provides an intuitive tool that calculates estimated electric fueling and operational costs specific to the unique characteristic of each electric school bus.

Reports will include analysis on energy costs, utility costs and transformer capacity, as well as greenhouse gas emission reductions. These benefits are determined by comparing the cost of a new battery electric vehicle to the conventional vehicle being replaced. Other potential factors such as overall energy cost of vehicles, state and federal incentives, safety benefits and vehicle-to-grid (V2G) economic benefits.

Managed charging implies smart charging using a system that takes into account energy cost, electric school buses efficiency, environmental conditions and other factors in dispensing electricity to an electric school bus. This would benefit the district with significant savings in energy costs on a daily basis. Managed charging also has the added benefit of reducing overall capital costs since the supporting infrastructure is optimally designed for a lower total peak load. Contrast this to unmanaged charging where an electrical school bus is charged immediately without any control of charging rate, time of day or energy optimization. This can result in a much higher energy cost from high peak demand, which may be more expensive than diesel fueling.

POLICY/CODE:
N/A

FISCAL IMPACT: 
Calculations for LCFS (Low Carbon Fuel Standard) credits are based upon anticipated mileage and use data provided on an annual basis. Actual figures are determined quarterly based upon real time data collected and reported with the Electriphi software.

Per the estimated assumptions below, Berkeley Unified School District is to generate 186 LCFS credits or more in 2021, with a gross value of $37,122. After netting fees and REC costs, both of which are estimates, the BUSD will net an estimated $28,010 in proceeds paid.

LCFS Generation 2021 Estimated Assumptions as follows:

•  1,800 miles driven per month for 5 blue bird transit buses, totaling 90,000 miles annually (excluding June &July - minimal to none bus operations)

•  Battery size 150kWh estimated mileage of 120

•  1.25 kWh/mile

•  $200 per LCFS credit (est.)

Electriphi, Inc. will provide the Fleet Electrification Planning Tool Software, web-interface access for data and reports for Berkeley Unified School District Transportation Department each calendar year. Software service, maintenance and support paid from Transportation General Fund; Object Code 5800 Prof/Consulting Services. Requested by Sheila Collier.

STAFF RECOMMENDATION:
Board approval for Fleet Electrification Planning Tool for electric school buses acquired through grant funding.

Minutes are forthcoming

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: February 17, 2021

SUBJECT: Authorization to Approve a Change Order for the John Muir Kitchen Cafeteria Food Service Expansion and Approval of Futility Resolution 21-030

BACKGROUND INFORMATION 

On April 15, 2020, the Board awarded a contract to W.A Thomas Co., Inc.  The  Kitchen Cafeteria Food Service ExpansionProject supports the District’s goal of upgrading elementary school kitchens.

The project is not yet complete.  The bid was awarded for a total of $2,065,000.  Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project.   

The significant changes and additions to the scope of the project have generated the change orders and additional costs to the project.   These factors that are driving these change orders are related to a variety of issues and unforeseen conditions that include but are not limited to the following items:

• Dry Rot - A Significant amount of dry rot was found on the structural supporting columns as well as throughout the entirety of the subfloor in the Multi-Purpose room 

• Boiler Flue - During construction, it was discovered that the existing flue was compromised which created a high risk for possible fire, as well as possible evacuation of carbon dioxide below the roofline.  

• Underground Voids - During the excavation to replace the structural columns, underground voids were discovered beneath the concrete slab.  This posed structural risks as well as risks to the safety of the students, staff, community and the entirety of the building

When a project has more than a 10% change order total, counsel states that a futility resolution is needed.  Attached to this cover memo is that futility resolution. 

POLICY/CODE

California Public Contract Code 20110- 20118.

FISCAL IMPACT

The project is funded through Measure I.  The final change order percentage (above the 10%factored into the original award) has not yet been fully determined, however, staff estimates that it will be roughly 3% due in part to the modifications and change requirements put forth by the governing agency.  

STAFF RECOMMENDATION

Approve the attached Futility Resolution Number 21-030.     

                  BERKELEY UNIFIED SCHOOL DISTRICT                                                                                 

TO: Brent Stephens, Ed. D., Superintendent

FROM: John Calise, Executive Director, Facilities

DATE: February 17, 2021          

SUBJECT: Approval of  Appointments to the Measure H Facilities Safety and Maintenance Oversight Committee

BACKGROUND INFORMATION

On April 22, 2020, the Board approved a resolution declaring the election results for Measure H.  In a separate document we have included the Measure H by-laws which includes the previous  Measure H for oversight until it is fully expended. One of the requirements of the measure is that the Board of Education appoint a Facilities Safety and Maintenance Oversight Committee.

Below is the appointment list for the committee, all members are At Large. 

Mario Choi

Ken Berland

Keith Berry

David Golden

Jordan Harrison

Nirav Bisarya

Maren Pearson Pimentel

RECOMMENDATION

Approve appointments to the Facilities Safety and Maintenance Oversight Committee

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Brent Stephens, Ed. D., Superintendent
FROM:           John Calise, Executive Director, Facilities
DATE:         February 17, 2021
SUBJECT:     Approval of Appointment to the Measure G Citizens’ Bond Oversight Committee

BACKGROUND INFORMATION

On April 22, 2020, the Board approved a resolution declaring the election results for Measure G.  Our current CBOC was appointed November 18, 2020. The Board of Education has approved a set of Bylaws that guide the operations of the Citizens’ Construction Oversight Committee also known as the Construction Bond Oversight Committee (CBOC).  

We currently had one member resign and we are filling the vacancy. We are recommending one new member in the following category:

RECOMMENDATION
Approve appointment to the Measure G Citizens’ Construction Bond Oversight Committee. 

Date: February 17, 2021

To: BUSD Board of Education

From: Brent Stephens, Ed.D., Superintendent

Re: Phased Plan for School Reopening

On February 16, 2021, BUSD and the Berkeley Federation of Teachers were able to reach an important agreement with the Berkeley Federation of Teachers about vaccinations through the City of Berkeley.

The agreement, if ratified approved by BFT, establishes a timeline for vaccinating all our employees:

Employee Vaccination Schedule, in partnership with the City of Berkeley

If the district and City of Berkeley are able to maintain this vaccination schedule, the agreement with BFT also establishes the following timeline for reopening our schools into a hybrid model if the Public Health Department allows for reopening at each level.  (A distance learning model will also be provided for families who do not opt to send their children to school.)

School Re-Opening Target Dates (Hybrid Model)

These reopening dates could move forward by one week if all BUSD employees receive the Pfizer vaccine, which has a shorter interval between doses than the Moderna vaccine. (The vaccines are equally effective.) The second dose for the Pfizer vaccine is 3 weeks after the first dose, and the second dose for the Moderna vaccine is 4 weeks after the first dose.

In this presentation, the Superintendent will update the Board of Education on this Tentative Agreement, and describe final steps to create hybrid learning schedules for PreK, Elementary Schools, Middle Schools, and High Schools. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:           Brent Stephens, Ed.D., Superintendent
DATE:          February 17, 2021
SUBJECT:     2021-22 Budget Update and Discussion of Priorities

BACKGROUND INFORMATION:
The Budget Development process, includes identifying additional funding based on the Governor’s Budget, less operational cost increases which include step and column increases for staff and increase in retirement benefits for CalSTRS and CalPERS less one-time expenditures from the prior year.  The district then identifies and considers staff recommended efficiencies, to determine available new revenue which will be used as the initial step in determining budget reduction targets. The District is at the beginning of the budget cycle and will be providing updated revenue projections for the Unrestricted General Fund and other programs.

At the last meeting of the School Board, staff presented the impact of the Governor’s Budget on the Unrestricted General Fund.  At tonight’s meeting, staff will present updated projections for the Unrestricted General Fund based on reductions in the Unduplicated Pupil Percentage (UPP) and introduce one-time revenue available through the state's Expanded Learning Grant.

Staff will also present high level priorities for the Board’s consideration.  Cabinet members are also reaching out to staff and stakeholders to identify budget priorities which will be shared with the Board.  These priorities are in two categories, those that represent ongoing commitments and expenditures, and those that are proposed for funding on a one-time or limited term basis.

NEXT STEPS:

Regular Board updates and action items during the budget development process.  Continue to collaborate with Advisory Committees: Superintendent’s Budget Advisory Committee, Educator Advisory Committee, Parent Advisory Committee and District English Learner Advisory Committee. 

Staff will continue to consult with key partners, including our labor partners and the City of Berkeley, and engage with parent and community groups and affinity-based meetings.

FISCAL IMPACT

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: February 17, 2021

SUBJECT: Educator Workforce Housing - Site Recommendation 

BACKGROUND INFORMATION 

Measure U1

In November 2016, Berkeley voters overwhelmingly voted to approve Measure U1, raising the gross receipts tax on landlords of 5 or more units from 1.081% to 2.880%. The estimated $3.5 million raised annually would be used for funding and programs to increase affordable housing and homeless prevention. 

Workforce Housing: Pre-Development Analysis

In October 2017, BUSD conducted a housing survey which received 800 responses, or over 60% of BUSD’s workforce. Only 30% of employees live in Berkeley, with 20% having commutes of 40 minutes or more in each direction. 78% of renters said that the high cost of housing has resulted in financial pressures, with 54% stating they have considered leaving BUSD as a result. 69% believe that the cost of housing negatively impacts their long-term ability to stay at BUSD. 31% have moved residences while working for the District due to increased housing costs. 

On February 6, 2019, the Board of Education directed BUSD staff to begin an analysis of BUSD properties for the purpose of developing affordable housing for BUSD employees. This pre-development work involved BUSD staff; BeHOME, a local housing advocacy group; the district’s labor partners; the City of Berkeley; and Director Sinai, serving as liaison from the Board.  This work included the identification of “opportunity sites” around the district, a preliminary analysis of the constraints associated with each of these sites, and the development of a Request for Proposal (RFP) to conduct a feasibility study. 

On February 26, 2019, then-Superintendent Donald Evans and School Board Director Julie Sinai sent a letter to the City Council with an update on their efforts to create workforce housing. BUSD had conducted a preliminary inquiry which identified four sites owned by the District that could be used as a potential site. The BUSD seeks to partner with the City on this development with the end goal of creating 100 units or more units of affordable educator workforce housing by Spring 2022. With 74% of BUSD employees expressing interest in living in BUSD-owned employee housing and 86% of renters saying such housing would increase the District’s ability to recruit employees, there is clear momentum in moving forward with this idea.

After further consideration of the unique constraints and other potential uses of these four locations, BUSD staff recommended to the Board of Education on April 16, 2019, that further analysis focus on the two most promising BUSD properties: the Berkeley Adult School parking lot on San Pablo Avenue and the Field at West Campus along University Avenue. 

City-Funded Feasibility Study

On April 30, 2019, the Berkeley City Council approved the allocation of $150,000 of General Fund revenues from Measure U1 receipts to the Berkeley Unified School District for a planning and pre-development grant for teacher/workforce housing at the Berkeley Adult School and West Campus locations. A committee that included community members, labor partners, and Board members selected a firm to perform feasibility studies. The committee reviewed proposals from several firms and selected RCD because of the firm’s experience with low-income housing and public/private partnerships. 

RCD included a number of analyses in its feasibility report, including financing models, zoning restrictions, environmental concerns, massing and density studies, transportation and accessibility, staff interest, and community concerns. As part of its investigation, RCD met with BAS neighbors at the outset of its work and included focus groups with both BAS neighbors (November 16, 2020) and staff. 

During the period of the feasibility study, a previously commissioned landslide deformation analysis and report were completed for Oxford Elementary school. The report showed that the Oxford Elementary School campus had an elevated risk due to the ground conditions and recorded movement.  On November 6, 2019, the Board voted to relocate the Oxford Campus to the West Campus which at that time was undergoing a modernization to be used as a swing/flex campus.  The Board’s decision to relocate Oxford to West Campus was included by RCD in its overall assessment of the feasibility of the West Campus location for workforce housing. 

Based on the results of the feasibility study and the current use of West Campus as Oxford Elementary, staff recommends that the Board authorize staff to release an RFQ/P for Development of the Berkeley Adult School parking lot for  Educator/Workforce Housing.

POLICY/CODE

None

FISCAL IMPACT

None at this time        

STAFF RECOMMENDATION

Approve the Berkeley Adult School parking lot for the site of the future Educator/Workforce Housing development and authorize staff to release an RFQ/P for Development of Educator/Workforce Housing at this location.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Dr. Stephens, Superintendent
FROM:           Bajé Thiara, Associate Superintendent
Michelle Sinclair, Director of State, Federal, and Special Projects
DATE:            February 17, 2021
SUBJECT:      Local Control and Accountability Plan (LCAP)  Timeline Update

PURPOSE:

In November, the LCAP timeline was presented to the Board, providing an outline of the process for adopting the new three year plan. The purpose of this memo is to provide the Board with an update on the status of the development of the LCAP.

BACKGROUND:

The LCAP is a three-year plan that describes the goals, actions, services, and expenditures to support positive student outcomes that address state and local priorities. A new three year LCAP will be developed for the 2021-2024 school years.

UPDATE:

The Parent Advisory Committee (PAC) and District English Language Committee (DELAC) have met monthly this school year. Meeting agendas have included an overview of the LCFF funding grants, the purpose of the LCAP, increasing or improving services for our unduplicated students, and committee members’ role. Last month PAC and DELAC had a combined meeting informing members about the proposed governor’s budget for the 2021-2022 school year.

In regards to funding for the 2021-2022 school year, BUSD is in the process of determining our LCFF base grant and supplemental grant funding projections. We are anticipating a funding increase for the base grant due to a one-time increase in COLA, and due to the hold harmless rule which allows districts to use prior year ADA in the formula for the base grant. For the supplemental funding, we are anticipating a funding decrease. Unduplicated numbers are not subject to the hold harmless rule, and the budget will be affected by a decrease in enrollment of our unduplicated students.

The Templates for the new 2021-2024 LCAP, have been released by the CDE. Different from prior year’s LCAPs, the new annual update asks us to consider actions and analysis related to our Distance Learning Program as a part of the update. An internal steering committee will engage in the process of planning for the completion of the new LCAP, and PAC, DELAC and other stakeholder groups will be engaged in the process throughout.

FISCAL IMPACT:  N/A

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: February 17, 2021

SUBJECT: Community Engagement - Design Process Update with Longfellow Community, Design Professionals, and District Staff

BACKGROUND INFORMATION 

On June 10, 2020, the Board directed staff to reconsider the Measure G Project list and investigate the possibility of adding projects that would have a quick turnaround that could be constructed at Longfellow Middle School.  On June 24, 2020, Staff brought several small but impactful project recommendations to the Facilities Subcommittee for consideration.  The subcommittee voted to move the Longfellow project list forward to the Board for consideration.  On July 1, 2020, the Board voted to approve the Longfellow Project list once the Measure G Architectural Pool had been established and Board approved.  Only July 31, and October 8, 2020, Facilities staff met with Principal Furlon and Vice-Principal Mitchell to discuss the project list that had been Board approved.  There were concerns that while these projects would have a meaningful impact on the school community, the project list did not represent the true and actual needs of the school.  It was decided and discussed with the Facilities Subcommittee that once the Measure G Architectural Pool had been established, an architectural firm would be selected to facilitate a meaningful engagement process with the Longfellow Community.  The Architectural firm was selected on November 30, 2020.  Longfellow’s Principal, Vice-Principal, and a staff member all participated in the selection process of the architectural firm.   

Currently, Gould Evans Architects is working with the Facilities Department and the Administration at Longfellow Middle School on the engagement process.  This process began in January 2021 and is scheduled to be completed in mid-May 2021.  A copy of the engagement process and schedule is attached.  Upon completion of the community engagement process, Facilities staff will bring forth a plan and budget to the Facilities Subcommittee to consider.

POLICY/CODE

None

FISCAL IMPACT

Currently, there is a $9,845,000 project expenditure plan approved by the Governing Board for Longfellow to be paid for out of Measure G.        

STAFF RECOMMENDATION

Receive as an informational update     

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Brent Stephens, Ed. D, Superintendent

FROM:  Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources

DATE:  February 17, 2021

SUBJECT:  Executive Director, Classified Personnel (Personnel Commission)

BACKGROUND INFORMATION:

The position of Director, Classified Personnel became vacant on December 4, 2020.  This position exclusively reports to the Personnel Commission.  On February 4, 2021, the Personnel Commission approved a position title change from Director, Classified Personnel to Executive Director, Classified Personnel, revised the job description and elevated the salary range from Range 84 to Range 89.  These changes were effective on February 5, 2021.

POLICY/CODE:

California Education Code Section 45109

FISCAL IMPACT: 

STAFF RECOMMENDATION:  

Receive as information the new job description (attached) for Executive Director, Classified Personnel.

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.