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:              May 5, 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:       May 5, 2021
SUBJECT:      Approval of MOU between BUSD and San Jose State University

BACKGROUND INFORMATION:
BUSD has entered into agreements with universities to provide the university students with internships and/or student teaching so they may gain practical teaching, administrator, nursing, counseling, social work or occupational therapy experience in an education setting.

STAFF RECOMMENDATION: 
Staff recommends that the Berkeley Unified Board of Education approve the memorandum of understanding (MOU) between the District and San Jose State University.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent Business Services
DATE:           May 5, 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. Berkeley Public Schools Fund donated $7,195.03.The purpose of this donation is to pay 22 teachers to attend the Silicon Valley Math Initiative meetings.

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 $ 7,195.03 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         May 5, 2021
SUBJECT: Approve Listing of Payroll Warrants issued in March 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 December is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

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

FISCAL IMPACT:
$9,228,534.83 for the month of March 2021 from various funds. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         May 5, 2021
SUBJECT: Approve Listing of Warrants issued in March, 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 March is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq. 

FISCAL IMPACT:
$ 8,229,197.63 for the month of March 2021 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Baje’ Thiara, Associate Superintendent
SUBJECT: Ratification of the MOU with Yu Ming Charter School
DATE: May 5, 2021

The purpose of this memo is to provide a summary and to recommend that the Board of Education ratify the attached Memorandum of Understanding (MOU) with Yu Ming Charter School for spring 2019, 2019-20 and 2020-21.

Background

In 2018-19, the Yu Ming Charter Head of School contacted Jan Hamilton, Special Education Director to request placement for one of their students in the District’s Counseling Enriched Class (CEC). The student is a Berkeley resident, however, the parent did not wish to enroll her child in Berkeley schools. Therefore, Yu Ming Charter was responsible for providing an appropriate placement for the student based on the student’s Individual Education Plan (IEP). The student was placed in the CEC class in April 2019, attended during 2010-20 and will attend through June 2021. An agreement was made between the educational entities that the student would enroll in the middle school CEC class and that an MOU would be developed to allow the district to invoice the charter school for educational services. This agreement was started, but negotiations stalled early on and the agreement was not completed when Ms. Hamilton left the district.

Current Status

In April  2020, Yu Ming charter reached out to Cheryl Hazel-Small, Interim Director to inquire about completing the agreement. Kay Altizer, Educational Special Education Consultant was asked step-in to resolve the MOU issue. She resumed discussions with Yu Ming Charter to complete the agreement.

The student is currently a 9th grader. Yu Ming Charter ends at grade 9, so the district will end the MOU as of June 30, 2021.

Fiscal Impact

Ratification will enable the District to invoice Yu Ming Charter School for special education services provided to the student in the CEC class for spring 2019, 2019-2020 and 2020-21. Additionally, the agreement specifies that the District will also collect the students average daily attendance (ADA) funding.

The total amount to be invoiced for services provided will be $36,911.41. Additionally, the agreement will result in the receipt of approximately $16,000 in ADA, some of which has already been collected.

Recommendation

Board ratification for the MOU with Yu Ming Charter School for spring 2019, 2019-20 and 2020-21.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         May 5, 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.UC Regents, Bay Area Writing Project to provide two In-person cohorts from 6/14/21 – 6/3021 to offer middle school students the opportunity to explore writing, develop literacy skills and build their writer identity in an engaging and supportive environment.The cost will not exceed $15,500. To be paid from Title III funds. Requested by Michelle Sinclair.

2.Increase in contract, PO#211393 to Cherie Spivey to provide additional Psychoeducational services for the Special Education Department. The additional amount needed is $4500 for a total contract amount of $14,400. To be paid from Special Ed Funds. Requested by Shawn Mansager.

3.Ratification of a contract with Dinelli Plumbing Co. for emergency services to replace a collapsed section of sewer at Thousand Oaks Elementary School. The cost will not exceed $64,779. To be paid from Measure H.  Requested by John Calise.  

4.Advanced Trenchless Inc., to provide services to replace fifteen feet of failed sewer line at the central kitchen at King Middle School. The cost will not exceed $19,250. To be paid from Measure H.  Requested by John Calise. 

5.TriMark, to provide services to install a new Champion dishwasher at the central kitchen at King Middle School. Price includes the removal and disposal of the old dishwasher. The cost will not exceed $48,432.42. To be paid from Measure G (FF & E Budget Line).  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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       May 5, 2021    

SUBJECT: Approval of the Project Delivery Methods for Sylvia Mendez, Berkeley High School Tennis Courts above a new Parking Structure and Berkeley High School Little Theater Projects

BACKGROUND INFORMATION  

At the June 24, 2020 Board meeting, the Board approved moving forward with the planning of several of the projects that were specifically mentioned in the full text of the Measure G Bond language. The projects identified were a complete campus modernization at Sylvia Mendez Elementary School, construction of tennis courts above a new parking structure at Berkeley High School, and a complete modernization at Berkeley High School Florence Schwimley Little Theater.

The Facilities Subcommittee met on April 1, 2021 and discussed the following project delivery methods: Design-Bid-Build, Design-Build and Lease-Lease Back.  The benefits  include collaborative methods to control costs, delivery a quality product and maintain schedules.

The following recommendations were accepted by the committee:

Sylvia Mendez will use Lease-Lease Back project delivery method.

Berkeley High School will use Design-Build project delivery method.

Berkeley High School Little Theater will use Lease-Lease Back project delivery method.

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

None.

RECOMMENDATION

Approve the project delivery methods described above.

                                                                                                                                                                                                                              BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       May 5, 2021    

SUBJECT: Approval of the Berkeley High School Building M Repainting Project

BACKGROUND INFORMATION  

In 2014, Barker Villar Architects and Alten Construction completed construction of building M at Berkeley High School. 

In 2019, the District sought recommendations from Allana Buick & Bers, Inc. (ABBAE) to correct deficiencies caused by design and construction flaws. 

Alten Construction, the assigned contractor who built Bldg. M, has agreed to and will correct construction deficiencies that occurred at the south facing exterior elevation of building M.

To protect the building, prevent further spalling, and prolong the life of the building it is recommended that elastomeric paint be applied to the entire surface of the building. 

Van Pelt Construction services has estimated the repainting of building M to cost $1,055,000, including all hard and soft costs.  We are seeking approval to seek bids for this scope of work.

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

$1,050,000. To be funded via Measure G.

RECOMMENDATION

Approve bidding the Berkeley High School Building M Repainting project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       May 5, 2021    

SUBJECT: Approval of the Bond Measure G Child Development Centers (CDCs) Infrastructure Projects   

BACKGROUND INFORMATION  

As part of Bond Measure G approved by the Voters on March 3rd, 2020, a portion of Measure G funds is allocated to upgrade the infrastructure at various school sites. Infrastructure projects includes: 

• Upgrades to preserve buildings structural integrity

• Building envelope integrity and water infiltration prevention 

• Building systems upgrade (mechanical – electrical – plumbing – communications) 

• Fire and Life-Safety systems upgrade (fire alarm – fire suppression) 

• Accessibility upgrades     

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

Franklin CDC Infrastructure Project Budget: $1,296,000 

King CDC Infrastructure Project Budget: $1,509,000

Hopkins CDC Infrastructure Project Budget: $951,000 

To be paid from Measure G funds.  

RECOMMENDATION

Approve the recommended CDCs Measure G Infrastructure Projects for Franklin, King, and Hopkins CDCs.

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Date: May 5, 2021

Re: Phased Plan for School Reopening

In this brief presentation, the Superintendent will update the Board on current items related to school reopening, including information about elementary, middle, and high schools. 

These updates include transportation and graduation ceremonies.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Stephens, Ed.D., Superintendent    
FROM:           Ann Callegari, Office of Family Engagement and Equity Supervisor   
PRESENTERS:     Ann Callegari, Dr. Brent Stephens
DATE:              May 5, 2021
SUBJECT:        Update from the Office of Family Engagement & Equity (OFEE)

BACKGROUND:
This presentation will provide a brief overview of the work of BUSD’s Office of Family Engagement & Equity (OFEE), and include the voices of our families, the impact of the pandemic, and OFEE’s response, the transformative family engagement work of the OFEE team, and the major increase in OFEE’s capacity because of strategic relationships with community partners. We will share the increased demand for social-emotional support, basic needs, technology, and targeted parent education that became more apparent because of the pandemic, as well as how these needs were met by the hard work of the OFEE staff in partnership with internal departments and community partners. 

This presentation will highlight the progress OFEE has made, and also share the challenges.This presentation will then look to the future on how we can expand this exciting work to provide transformative family engagement that centers students, families and educators as leaders and designers of systems change in our schools and district.  We will share our vision of developing powerful partnerships between parents and schools, and the targeted approach we took to  support the vision.   Lastly, this presentation will share expansion recommendations to create  an OFEE department structure that  has the capacity to develop and implement a sustainable framework and strategies that will inform and empower families, so that they are fully engaged and welcomed  strategic partners in their children’s learning and in transforming the district.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Board of Education
FROM:           Brent Stephens, Ed.D., Superintendent
DATE:            May 5, 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 continuing to develop the budget and will provide updated budget priorities for the Unrestricted General Fund, BSEP, LCAP and COVID funds. 

At the last meeting of the School Board, staff presented staff presented high level priorities for the Board’s consideration.  Staff will be presenting revised enrollment assumptions reflecting a reduction of 4.5% in enrollment and ADA, which impacts projections for the out years.  Staff will also present a brief overview of COVID funds.

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: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: May 5, 2021

Re: Approval of COVID Relief Fund Expenditures

In this presentation, the Superintendent will request the Board's approval for three expenses from the district's allocation of COVID Relief Funds.

 These are:

1. Technology Replacement and Refurbishment

2. Special Education Summer Assessments

3. Graduation Expenses

District administrators plan to bring selected, time-sensitive requests for the use of COVID funding during the period in which a more comprehensive plan for COVID fund expenses is created. The district is actively soliciting community and staff feedback on the use of these one-time revenues.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent
FROM: John Calise, Executive Director of Facilities
DATE: May 5, 2021
SUBJECT: Educator Workforce Housing - Developer 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, the Board authorized staff to release an RFQ/P for Development of the Berkeley Adult School parking lot for  Educator/Workforce Housing.

Request for Qualification/Proposal

On March 3, 2021, staff released a Request for Qualification and Proposal (RFQ/P) for a developer to design, finance, construct, and manage BUSD’s Workforce Housing Development.  The driving objective of the RFQ/P’s structure was to select a developer based on “best fit” and “best value” for this project.  Key components of the RFQ/P included technical expertise, regional expertise, project plan, community engagement plan, schedule, staffing, property management experience, and price.  

Participating firms submitted their Statement of Qualifications (SOQ’s) and each SOQ was scored based on the criteria as set forth in the RFQ/P.  Once the SOQ’s were scored interviews were conducted to select a developer.  The interview panel consisted of 10 representatives for BUSD.  The makeup of the panel included a Board member, labor partners, community members, a BAS Administrator, City of Berkeley staff, a BEHOME representative, facilities staff and a facilities consultant.  

Upon conclusion of the interviews, the panel assembled to debrief and discuss.  While both firms interviewed performed well and proved their qualification, the panel unanimously decided upon recommending SAHA/Abode Communities for selection.  Scoring of the SOQ documents and the interview rating sheets, supported the panel's decision.  

POLICY/CODE:
None

FISCAL IMPACT:
None at this time        

STAFF RECOMMENDATION:
Approve SAHA/Abode Communities to develop BUSD’s Workforce housing.  Additionally, approve Facilities Staff to negotiate the terms of the land-lease agreement, terms and conditions for Board Approval.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent

FROM:          John Calise, Executive Director of Facilities

DATE:          May 5, 2021

SUBJECT:      Sustainability Plan Update

BACKGROUND INFORMATION

On November 14, 2018, the Board approved the Sustainability Plan. The vision of the Plan is that all Berkeley students have access to healthy, green school buildings and grounds and hands-on environmental and outdoor education with the goals of reducing the District’s environmental footprint, supporting Next Generation Science Standards, and saving money.

The Board has received updates to the sustainability plan on May 22, 2019, and again on Feb 19, 2020. The attached document represents the third annual update. The District has made significant progress in several categories of the Sustainability Plan, specifically in the areas of waste reduction, energy, Buildings and Materials and transportation. We present this progress in further detail in the attached document.