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Regular Meeting
Berkeley USD
March 24, 2021 5:30PM
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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)
3.1.2. Berkeley Council of Classified Employees (BCCE)
3.1.3. Union of Berkeley Administrators (UBA)
3.1.4. Local 21
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of March 24, 2021
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:
 
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 Resolution 21-036 Denouncing Hate Crimes and Bigotry Targeted at Asian Americans and Pacific Islanders
Attachments:
Resolution 21-036
11.2. 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:          March 24, 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.






 
Attachments:
Certificated Personnel Report 03.24.21
Classified Personnel Report 03.24.21
11.3. Ratification of BCCE Phase 2 MOU
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            March 24, 2021
SUBJECT:    Approval of BCCE MOU- Phase 2 In Person Learning

BACKGROUND:
Berkeley Unified School District and Berkeley Council of Classified Employees (BCCE) have met and conferred in good faith and agreed on the attached Memorandum of Understanding (MOU):

BCCE Phase 2 MOU-Phase 2 In Person Learning 03/12/21

STAFF RECOMMENDATION:
Approve the attached MOU.



 
Attachments:
BCCE Phase 2 In Person Learning MOU 3-12-21
11.4. Ratification of BFT ECE and Elementary MOUs
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:             March 24, 2021
SUBJECT:      Approval of BFT Early Childhood Education and Elementary MOUs

BACKGROUND:
Berkeley Unified School District and Berkeley Federation of Teachers (BFT) have met and conferred in good faith and agreed on the attached Memorandums of Understanding (MOUs):

BFT TK-5 In-Person and Distance Learning MOU 03/12/21

BEARS Addendum to BFT MOU 03/15/21

STAFF RECOMMENDATION:
Approve the attached MOUs.

 
Attachments:
BEARS Addendum to BFT MOU 3-15-2021
BFT TK-5 In-Person and Distance Learning MOU 2021
11.5. Approval of Job Description: Sustainability Coordinator (Measure H Funded)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            March 24, 2021
SUBJECT:      Approval of Job Description:Sustainability Coordinator

BACKGROUND:
Attached is the job description for the new classification of Sustainability Coordinator.  This position is being created to address the need for a full-time Coordinator to continue the development and implementation of the District’s Sustainability Plan.

In November 2018, the Board approved the Sustainability Plan.  For the last two years, the District has engaged Strategic Energy Innovations (SEI) to develop and implement the Plan. This has included the placement of a full-time Fellow to act as Sustainability Coordinator.  Staff believes that the Plan is sufficiently developed to support the need for a full-time position.

FISCAL IMPACT:

This position will be funded from Measure H with potential offset revenue from grants as available.

STAFF RECOMMENDATION:
Approve the duties in the attached job description for Sustainability Coordinator.

 

 

 
Attachments:
Sustainability Coordinator Draft Job Decription
11.6. Approval of Job Description: Payroll and Benefits Manager
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            February 24, 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. This position will be supervised by the Director of Fiscal Services and will supervise the payroll specialists, the lead benefits specialist, and the benefits specialist. This position will allow for better communication, coordination, and efficiency between payroll and benefits as well as other departments. It is acknowledged that a strong highly qualified manager is required in this position due to the importance of payroll and benefits to our employees, and the District believes that this job description will allow for us to recruit the best candidates. In order to address the concerns raised by BCCE, we have added a limited-term assignment of a customer service liaison to support the payroll department with the response time to calls and emails from employees. The District is also exploring creating an additional payroll specialist position or adding a limited-term assignment to provide additional support with the payroll workflow and reduce errors. Training is also being provided to the existing staff to build their capacity to handle different situations.

FISCAL IMPACT:
None

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

 









 
Attachments:
Payroll and Benefits Manager Job Description
11.7. Approval of Contracts/Purchase Orders for Services Contracts Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:         March 24, 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.Edventure More (EDMO) will provide staff and materials for a half-day, in-person summer camp for a maximum of 175 first through seven graders at three elementary schools and one middle school. The cost will not exceed $192,5000. $86,500 will be funded by BSEP Covid Funds and $106,00 will be funded by Berkeley Public Schools using a $56,000 Grant for Bayer and $50,000 Wareham STEM Enrichment Donation.  Requested by Michelle Sinclair.

2.The Regents of the University of California, to provide afterschool BUILD (Berkeley United in Literacy Development) program tutors to Berkeley Unified School District for the period from 3/29/21 to 6/4/21.  The cost will not exceed $27,500. To be paid from the Afterschool Parent Fund.  Requested by Aaron Jorgensen.

3.Bay Tree Design, to provide design services for two restoration projects at John Muir elementary school. The cost will not exceed $31,700. To be paid from Measure H.Requested by John Calise.

4.Mary Kong, to provide, risk mitigation strategies and services related to Covid-19. The cost will not exceed $40,000. To be paid from COVID-19 one-time relief funds. Authorized by John Calise.

5.Ratification of a contract with Alameda County Office of Education to provide Internet Access Services to the District. The cost will not exceed $62,000. To be paid from General Funds. Requested by Max Eissler.

6.Ratification of a contract with Winn Burda for project management services related to Covid-19 student testing. The cost will not exceed $45,000. To be paid from COVID-19 one-time relief funds. Authorized by John Calise.

7.Increase in contract, PO#210902 to Safeguard Inc., to provide additional transportation needs at student’s residential treatment center. The additional amount needed is $10,500 for a total of $20,000To be paid from Special Ed Funds. Requested by Shawn Mansager.

8. DC Piano Co., to provide piano repair services for VAPA for the period from 3/2/21 – 6/4/21. The cost will not exceed $26,000. To be paid from BSEP Funds. Requested by Peter Gidlund.

9.Complete Curriculum, to provide communications special projects related to COVID not to exceed the total cost of $16,320 paid from one-time COVID funds. Terms of service: 3/16/21 to 6/30/21. Requested by Natasha Beery.

 

POLICY/CODE

Public Contract Code: 20111

Board Policy 3310

 

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

 
11.8. Approve Listing of Warrants issued in February 2021.
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         March 24, 2021
SUBJECT: Approve Listing of Warrants issued in February, 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 February is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$6,063,760.98 for the month of February 2021 from various funds.  

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

 
Attachments:
FEBRUARY 2021 FISCAL WARRANTS
11.9. Approve listing of Payroll Warrants issued February 2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         March 24, 2021
SUBJECT: Approval of Payroll Warrants Issued in February 2021

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 February, 2021.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$9,206,234.89 for February 2021 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in February, 2021.

 
Attachments:
PAYROLL WARRANTS FOR FEBRUARY 2021
11.10. Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Superintendent
FROM:            Pauline Follansbee, Assistant Superintendent Business Services
DATE:           March 24, 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. The Blackbaud Giving Fund donated $977., to Martin Luther King Middle School for teacher hourly.
  2. The Blackbaud Giving Fund donated $900., to Rosa Parks Principal’s Discretionary Fund.

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 $1,877 in donations.


 
11.11. Approve School Board Appointments to the City of Berkeley Youth Commission
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: School Board
FROM: Brent Stephens, Superintendent and Miles Miller, Student Board Director
DATE: March 24, 2021
SUBJECT: Appointment to Youth Commission 

BACKGROUND INFORMATION:
Each Board member has an appointment to the Youth Commission, and the Board also has nine appointments, four of which are currently vacant. 

The Board has received an application for appointment to the Youth Commission from Berkeley High junior Asha Baudart-Gehlawat, who has also demonstrated great  leadership in Youth & Government, has volunteered abroad to build homes for families  in need, and is a writer for the student newspaper “Berkeley High Jacket”. Her  application is attached 

The Board also received an application for appointment to the Youth Commission from  Berkeley High freshman Nina Thompson, who already has demonstrated great leadership through her work in Showing up for Racial Justice (SURJ), the Justice  Education project, and is a member of the Harm Education Response Organization  (H.E.R.O) club. Her application is attached. 

RECOMMENDATION:
Board approval for appointment to the Youth Commission tonight.


 
Attachments:
Asha Baudart-Gehlawat
Nina Thompson
11.12. Approval of Board of Education Meeting Minutes
Attachments:
December 16, 2020
December 9, 2020
January 6, 2021
12. Discussion Items
12.1. BUSD’s Phased Plan for School Reopening, Updates on Elementary, Middle, and High Schools (60 min) Was edited within 72 hours of the Meeting
Rationale:

Date:   March 24, 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

Week of February 22

School staff: Grades PreK-2, Elementary School Office and on-site classified staff

Week of March 1

School staff: Grades 3-5; Phase 1 Teachers and Staff

Week of March 8

Middle and High School staff

Additional Appointment Blocks TBD

All other BUSD employees, including Berkeley Adult School


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)

Monday, March 29:

Reopen Preschool, Transitional Kindergarten, and K-2

April 5-9:

Spring Recess

Monday, April 12:

Reopen Grades 3-5; Grades 6-8;

U9 Program at Berkeley High;

Berkeley Technology Academy; Berkeley Independent Study

Monday, April 19:

Reopen Grades 10-12


In this presentation, the Superintendent will update the Board of Education on reopening plans for Elementary Schools, Middle Schools, and High Schools. 

 
Attachments:
BUSD Phased Plan for School Reopening, March 24, 2021
13. ActionWas edited within 72 hours of the Meeting
13.1. Approval of BUSD Declaration of Need for Fully Qualified Educators (5 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Brent Stephens, Ed. D., Superintendent
FROM:         Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources      
DATE:           March 24, 2021
SUBJECT:    Annual Declaration of Need for Fully-Qualified Educators

BACKGROUND INFORMATION:
An annual declaration to the California Commission on Teacher Credentialing is required for those teachers whose assignments require emergency permits or limited assignment permits.  The Board of Education must certify that there are insufficient fully credentialed applicants for certain positions. Based on previous years’ actual needs and projections of enrollment, the District must indicate the number of permits it estimates it will need for the following school year.

In cases where the District must employ teachers without the proper certification, the California Education Code and Title V Regulations provide the options for legal compliance.

The California Commission on Teacher Credentialing requires that this declaration be approved during a regularly scheduled public meeting, and that this declaration not appear as part of the consent calendar.

In light of the fact that teaching credential programs are graduating fewer teacher candidates, accompanied by increased staffing needs due to recent increased funding for school districts, the need for teachers who are not fully credentialed has increased.

POLICY/CODE:
Education Code Section 44225.7
Title V Regulation 80026

FISCAL IMPACT:
None

STAFF RECOMMENDATION: 
Approve the projected permit needs as specified in the annual declaration.



 
Attachments:
Declaration of Need for Fully Qualified Educators 2021-22
14. Information Items
14.1. Measure H Financial Update (2nd Interim FY 2021)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Brent Stephens, Superintendent

FROM:   John Calise, Executive Director of Facilities 

DATE:   March 24, 2021

SUBJECT:  Measure H Financial Update (2nd Interim FY 2021)


SUMMARY AND DISCUSSION

This report is an update of the Maintenance Yearly Plan and H expenditures from November 1, 2020 through January 31, 2021.  This document summarizes Measure H expenditures.  This report does not separate encumbered (obligated) expenses from other planned expenses.  This report is not intended to be a comprehensive look at the activities in this fund; that more comprehensive look occurs annually.  The first chart details the actual recorded expenses as of January 31, 2021 and the current projected expenses for the remainder of the Fiscal Year.   All expenses are consistent with previous reports and are based upon State defined object codes.  As such, there are some expenses which may need to be clarified in the future, as the contract line includes not just contracts, but interfund charges as well.    

The next chart compares the projected expenditure recommendations in the 2021 Annual Plan with current projected expenses.


MODIFICATIONS

EXPENDITURES

SALARIES AND BENEFITS

The projected expenditures for salaries, benefits and overtime is $168,057 more than the Annual Plan.  Much of this increase is due to overtime that we have worked in order to keep up with the implementation of Covid mitigation strategies. 

The salary and benefits budget includes costs for the following list of permanent staff positions.  Please note that we list some jobs by functional area; we feel this provides the information in a more meaningful way.

POSITIONS CURRENTLY FILLED

  • One Maintenance Manager, a portion of the Operations Manager, and the BHS Facilities Manager

  • Three supervisors, two maintenance and one grounds 

  • Three Lead Trades Workers

  • One Security Engineer

  • Eleven Maintenance Engineers (one position assigned to BHS)

  • Three Maintenance Technicians 

  • Two General Maintenance Workers 

  • Two Lead Gardeners

  • One Irrigation Specialist 11

  • Seven Gardeners 

  • 2.15 FTE Administrative Coordinators 

  • Three FTE Security Worker 

  • Fifteen Custodian II’s (5% of each salary)

  • Three 0.15 FTE Vehicle Mechanics

  • 0.4 Network Engineer

  • 1.0 Phone Technician

VACANT POSITIONS

  • One Maintenance Engineer

SUPPLIES

The projected expenses for supplies are $141,576 more than the projections in the 2021 Annual Plan. This is entirely due to safety materials purchased for Covid. 

CONTRACTED SERVICES

The planned expenditures for contracted services are $170,675 less than in the Annual Plan. With all of our focus being on Covid related work, we have contracted out less work.

EQUIPMENT

The projected expenditures for maintenance equipment purchases are $9,424 more than the annual plan. We have had to replace two more vehicles than expected this year.

INDIRECT/DIRECT COSTS

The indirect/direct costs are projected to be $13,515 more than planned.   

TOTAL EXPENDITURES

The changes detailed currently result in a $161,897 increase of projected expenses compared to the 2020-2021 Annual Plan.  

TOTAL REVENUE

The 2020-2021 Annual Plan revenue projection for Measure H is $7,192,000.         The projected revenue from Measure H is $7,192,000.   

TOTAL REVENUE OVER EXPENDITURES

Projected revenue from Measure H for this Fiscal Year is $7,192,000. Expenses total $7,362,131, with expenses in excess of revenue of $170,131. The beginning fund balance is $1,304,250,. The ending fund balance is projected to total $1,134,119.

POLICY/CODE

None.

FISCAL IMPACT

The projected ending fund balance in the Annual Plan for 2020-21 was $1,077,613. The projected ending fund balance for the Second Interim represents an increase of $56,506.

STAFF RECOMMENDATION

Receive Financial Update on Measure H.



 
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: March 19, 2021, 8:00 PM

The resubmit was successful.