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Regular Meeting
Berkeley USD
June 23, 2021 5:30PM
ZOOM

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. Anticipated Litigation – Regarding costs of services provided to student - Ed. Code § 54956.9, subd. (e)(2)
3.1.1. BUSD Case No. 202021-26
3.2. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.2.1. Berkeley Council of Classified Employees (BCCE)
3.3. Public Employment (Government Code Section 54957)
3.3.1. Director of Local Resources and Partnerships
3.4. Superintendent Evaluation (Government Code Section 54957)
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of June 23, 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 Human Resources Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed.D., Superintendent
FROM:            Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:             June 23, 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 06.23.21
Classified Personnel Report 06.23.21
11.2. Approval of Position Control Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       June 23, 2021
SUBJECT:     Approval of Position Control Update Report

BACKGROUND INFORMATION:

On a regular basis, staff presents a Position Control Report listing actions that increase, decrease, or change the funding of positions in the District for the Board to approve officially. The first report was brought to the Board for approval on November 4, 2020 to establish a common understanding of the positions that were established as of October 30, 2020. An update report will be presented to the Board for approval whenever changes occur.







 
Attachments:
Position Control Changes 06.23.21
11.3. Approval of MOUs between BUSD and University Program
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       June 23, 2021
SUBJECT:      Approval of MOU between BUSD and University Program

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 memorandums of understanding (MOUs) between the District and California State University, San Diego State University, College of Education.









 
Attachments:
SDSU-BUSD Internship Agreement
11.4. Approval of Legal Services Agreements for Fiscal Year 2021-22Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Brent Stephens, Ed.D, Superintendent
FROM:             Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:              June 23, 2021
SUBJECT:       Approval of Legal Services Agreements for Fiscal Year 2021-22

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

Fagen Friedman & Fullfrost to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services, Assistant Superintendent of Human Resources and Director of Special Education. The District will be utilizing these services for labor negotiations, personnel matters, student matters, general legal support and special education services.  The attorney rates are $305 to $340 per hour for Partners, $245 to $275 per hour for Associates, and $165 to $245 per hour for Paralegal/Law Clerks. This represents a $15.00 increase from 2019-20 per hour for all levels.

Atkinson, Andelson, Loya, Ruud & Romo, Attorneys to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services and Assistant Superintendent of Human Resources. The attorney rates are $305 to $325 for Partners and $295 per hour for Senior Associates and $285 for Associates and $205 to $230 per hour for Paralegal/Law Clerks/ Non-Legal Consultants. This is an increase of $10 per hour for attorney rates.

Burke, Williams and Sorreson, LLP to provide legal services as directed by the Superintendent, Assistant Superintendent of Human Resources and Assistant Superintendent of Business Services. The District will be utilizing these services for charter schools and personnel and student matters when needed.   The attorney rates are $290 per hour for Partners and $260 per hour for Associates. This is an increase of $10 per hour for all levels.

Dannis, Wolver and Kelley to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services and Director of Facilities.  The District utilizes these services primarily for Facilities Matters. The attorney rates are $265 to $360 per hour for Partners, $245 to $295 for Special Counsel; $195 to $260 per hour for Associates, and $130 to $180 per hour for paralegals and law clerks.  Gregory J. Dannis is $425 per hour.  This is an increase of $25.00 per hour for Mr. Dannis, $0 increase on all other levels.      

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

POLICY/CODE:
N/A

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

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

 
11.5. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         June 23, 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.Rudy’s Commercial Refrigeration, to provide repair services to Nutrition Services for the 2021/2022 SY.The cost will not exceed $65,000.To be paid from the Cafeteria Fund.Requested by Bonnie Christensen.
  • 2.Harris School Solutions, to provide annual maintenance to Nutrition Services for the 2021/2022 SY.The cost will not exceed $30,904.35. To be paid from the Cafeteria Fund.Requested by Bonnie Christensen.
  • 3.Frontline Technologies Inc., to provide the substitute management system utilized by the Human Resources Department for the period from 7/1/21 – 6/30/22. The cost will not exceed $25,000. To be paid from General Fund. Requested by Samantha Tobias-Espinosa.
  • 4.Neogov, to provide paperless onboarding services utilized by the Human Resources Department for the period from 7/1/21 – 6/30/22. The cost will not exceed $15,000. To be paid from General Fund. Requested by Samantha Tobias-Espinosa.
  • 5.Emics (Informed K12), to provide workflow automation services to Human Resources for the period from 7/1/21 - 6/30/22 The cost will not exceed $24,000. To be paid from General Fund. Requested by Samantha Tobias-Espinosa.
  • 6.BrainPop and BrainPop ELL, to provide standards–aligned topics for learning curriculum for all elementary schools and Independent Study for the 2021/2022 SY.The cost will not exceed $53,468.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 7.Desmos, to provide 6-8 grade Desmos Math Curriculum for the 2021/2022 SY. The cost will not exceed $24,732.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 8.Flocabulary, to provide district-wide access to Flocabulary library of songs, videos and activities for K-12 online learning for the 2021/2022 SY.The cost will not exceed $27,000.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 9.IXL, to provide middle school online math instructional learning for the 2021/2022 SY.The cost will not exceed $22,100.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 10.Zearn, to provide elementary school math instructional learning for the 2021/2022 SY.The cost will not exceed $27,500.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 11.Mind Research Institute, to provide ST Math for 450 students for 2021/2022 SY.The cost will not exceed $11,700.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 12.Amplified IT, to provide Google Workspace for Education Plus for BUSD staff and students for the 2021/2022 SY.The cost will not exceed $21,528.To be paid from Extended Learning Opportunity Grant.Requested by Max Eissler.
  • 13.Kahoot, to provide 410 teacher licenses for grades 6-12 for the 2021/2022 SY.Kahoot is a game based learning platform.The cost will not exceed $14,965.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 14.Explore Learning, to provide Math and Science Simulation site license at Berkeley High School for the 2021/2022 SY.The cost will not exceed $10,950.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 15.Remind, to provide SMS-based communication software to improve communications with families for the 2021/2022 SY.The cost will not exceed $26,200.To be paid from Extended Learning Opportunity Grant.Requested by Mas Eissler.
  • 16.Tales2Go, to provide audiobook licenses for the Library Department for 2021/2022 SY.The cost will not exceed $24,000.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 17.Notable, Inc., to provide Kami Student/Teacher Collaborative Software license at Berkeley High School for the 2021/2022 SY.The cost will not exceed $11,780.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 18.Freckle Software, to provide an online platform that differentiates the lessons in Math, ELA, Social Studies, and Science for the 2021/2022 SY. This enables students to access learning at their current level and challenges them with material at the next level at Sylvia Mendez.The cost will not exceed $12,546.To be paid from Title 1 funds.Requested by Debbie Dean.
  • 19.TCI, to provide social studies curriculum online for the elementary schools for the 2021/2022 SY.The cost will not exceed $95,000.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean.
  • 20.Follett School Solutions, to provide library catalog and circulation services for all schools in the district as well as the music library for the 2021/2022 SY.The cost will not exceed $20,000.Funded by BSEP Library Services.Requested by Jessica Lee.
  • 21.Newsela, to provide online ELA/ELD news subscription services for elementary schools for the 2021/2022 SY.The cost will not exceed $23,390.To be paid from Extended Learning Opportunity Grant.Requested by Debbie Dean
  • 22.Knorr Systems, Inc., to provide inspection services and 3x a year cleaning with supplies as needed for BHS pool for the 2021/22 SY. The cost will not exceed $18,938.To be paid by General Fund. Requested by Raymond Young.
  • 23.Cole Supply Co. Inc., to provide repair to custodial equipment as needed by Operations and BHS Operations for the 2021/22 SY. The cost will not exceed $15,000. To be paid by General Fund.Requested by Raymond Young.
  • 24.Tennant, to provide repair services for district wide custodial machines as needed for Operations and BHS for the 2021/22 SY. The cost will not exceed $25,000. To be paid from General Fund Requested by Raymond Young.
  • 25.Lease agreement to Raffi Properties, to provide lease space for BHS Theater for the period from 7/1/21 – 6/30/22. The cost will not exceed $60,000. To be paid from Measure I funds. Requested by John Calise.
  • 26.Arc Document Solutions, LLC., to provide reprographic services for the Facilities Department for Measure AA, Measure I, Measure G bond programs for the 2021/22 SY. The cost will not exceed $75,000. To be paid from Measure AA, I, and G Bond funds. Requested by John Calise.
  • 27.Crown Moving, to provide moving services for the Facilities Department for multiple projects for the 2021/22 SY. The cost will not exceed $30,000. To be paid from Measure I,Measure G, and CTE funds. Requested by John Calise.
  • 28.Sandis, to provide site surveying services for the Infrastructure and Preschools Project for the 2021/22 SY. The cost will not exceed $60,000. To be paid from Measure G. Requested by John Calise.
  • 29.Ninyo & Moore, to provide hazardous materials testing services for the Infrastructure and Preschools Project for the 2021/22 SY. The cost will not exceed $15,000. To be paid from Measure G. Requested by John Calise.
  • 30.Colbi Technologies, to provide Accountability software, Colbi Docs and Quality Bidders prequalification services for the Measure AA, I and G bond program for the Facilities Department for the 2021/22 SY. The cost will not exceed $90,000. To be paid from Measure AA, I, G. 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.


 
11.6. Approval to Enter into Agreements to Purchase Food Supplies for the 2021-22 SY
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                   Brent Stephens Ed. D., Superintendent
FROM:             Bonnie Christensen, Director of Nutrition Service
DATE:              June 23, 2021
SUBJECT:       Approval to Enter into Agreements to Purchase Food Supplies for the 2021-22 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 2021-22 SY staff is requesting authority to purchase perishable food items from suppliers as follows: 

  • Crystal Dairy to provide milk and juice, not to exceed $110,000
  • 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 $175,000
  • Bay Area Bagels to provide fresh baked goods, not to exceed $110,000

 

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 2018-19 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 $175,000
  • Goldstar to provide non-perishable foods and supplies, not to exceed $110,000

 

POLICY/CODE                                                                 
Board Policy 3310
Ed Code 29873

FISCAL IMPACT:
$830,000 is within the Cafeteria Fund Budget

STAFF RECOMMENDATION:
Approve contracts for food supplies as listed above

 
11.7. Approval of District Insurance Premiums and Broker Fees for FY 2021-2022
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D. Superintendent 
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            June 23, 2021
SUBJECT:     Approval of District Insurance Premiums and Broker Fees for FY 2021-2022

BACKGROUND INFORMATION:

Alliance of Schools for Cooperative Insurance Programs (ASCIP)

The District entered into an agreement with ASCIP in the year 2002 to provide general liability and property insurance coverage for the District. 

For the Fiscal Year 2021-22, the premium is estimated at $1,106,753. which is an increase of $102,685 over the previous year

For the Fiscal Year 2020-21, the premium is $1,004,068 which is an increase of $126,328. over the previous year. 

For the Fiscal Year 2019-2020, the premium is $877,740 which is an increase of $84,383 over the prior year.  

By comparison for Fiscal Year 2018-2019, the insurance premium for ASCIP was $793,357.

The premium increase is a result of an increased property valuation and the excess liability rating.

The insurance market has been increasing cost due to extreme property losses (continuous years of CA wildfires) and recent legislation (namely AB 218 for Childhood Sexual Assault). This is resulting in larger losses and exposure for reinsurers, which is charging more for the coverage.

Historically ASCIP has maintained very stable rates in their Property & Liability program and they were able to keep our increases to a lower rate, when other insurers had significantly greater increases, some even as much as 100% in P/L.

The Worker’s Compensation rates have continually seen decreases in the recent years and we have been returning equity to our members, based on how well we have performed.

Here is some more explanation for the attached comparison: (see attached)

The property increase is largely due to the rate increase as a result of the increase in losses to reinsurers, which can be attributed to broader external losses as well as increased losses within the pool.

  • Liability actually decreased due to your experience modification (Ex Mod), so this is great news.
  • CSA (Childhood Sexual Assault) is now its own separate line of coverage on a claim made basis which will help to have better cost prediction of future losses and is largely attributable to AB 218 and increase in verdicts.
  • Auto Liability for Buses and Others actually had a decrease in ex mod, but an overall increase due to increased count.

SELF is your excess carrier and this increase is largely due to CSA claims

Staff is satisfied with the services provided by ASCIP and is requesting approval to continue their contract through June 30, 2022 at this rate. 

POLICY/CODE:
Labor Code Sections 3700 to 3705

FISCAL IMPACT:
$1,106,753 is within the General Fund Budget

STAFF RECOMMENDATION:
Approval of renewal of payment for insurance premiums and broker cost for Fiscal Year 2021-22

 
Attachments:
Premium Estimate Worksheet
11.8. Approval of 2021-22 School Plans for Student Achievement
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Board of Education       
FROM:       Natasha Beery, Director of BSEP and Community Relations
DATE:        June 23, 2021
SUBJECT: 2021-22 School Plans for Student Achievement


BACKGROUND INFORMATION
The Principal at each BUSD school site worked with School Site Councils (SSCs) to develop a site budget for their school, including the allocation of BSEP Site Program funds.

The Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) allocates 10.25% of the available revenues annually for School Site Programs:

The School Site Council (as described in Section 8.C) shall develop recommendations to allocate these revenues for the personnel, services and materials required to deliver effective and equitable opportunities for student engagement, enrichment, and achievement. (Section 3.B.iii)

The total 2021-22 district (non-donation) budget for these site plans is $3,675,264. BSEP Site Program funds provide $3,221,725 in regular year allocations to all schools in the district, and Title I funds provide $453,539 to schools eligible for federal funding. BSEP Site Program funds were allocated     based on a per-pupil amount of $325 (an increase from the $305 per pupil allocated in 2020-21). The site allocations for 2021-22 are described in Appendix A. The site plans also allocate carryover BSEP Site Program funds, totaling an additional $430,775.

Strategic use of resources permits the funding of key elements in the plans. For example, each elementary school site is asked by the district to contribute funding for .25 FTE for a Literacy Coach from either BSEP or Title I site funds, while other district-wide BSEP funds contribute .75 FTE per school to round out a full-time Literacy Coach position at each elementary site. Similarly, in 2021-22, the Preschool program and eight out of eleven elementary schools will use site funds to increase Response to Intervention (RtI) FTE, above the level provided by district-wide BSEP funds. And two of the three middle schools will also use site funds to increase FTE for Counselors beyond what is provided by district-wide BSEP allocations.

SSCs begin the annual planning process with a review of student data from previous years. In addition, SSCs also gather community feedback by conducting staff, family, and student surveys. After reviewing that data and feedback, as well as the District’s LCAP-aligned goals, specific site fund allocations, and centrally allocated positions and programs, each SSC developed an action plan which identified strategies to address school needs, using Federal Title I funds (if applicable), BSEP Site Program funds, and any other available resources such as grants and PTA donations. 

In addition to standard site expenditures such as academic and enrichment staff and materials/supplies, many sites continue to support mental and behavioral health needs through funding counselor salaries or counseling contracts.

Appendix B contains each school’s Site Budget summary, which include allocations of all known site resources for the 2021-22 school year. It is important to note that due to COVID-19, some uncertainty remains for many BUSD schools. Several sites have opted not to allocate priorities for BSEP carryover funds again this year, preferring to leave that work to the 2021-22 SSCs based on needs that emerge as school communities adjust to full reopening under constantly evolving conditions.

The Consolidated School Plan document includes plans to expend Site Program funds for Early Childhood Education, each elementary and middle school, as well as Berkeley High, Berkeley Technology Academy and the Independent Study Program. All elementary and middle schools, as well as BTA, use a standard template, which includes:

•     Cover page including the Purpose and Description of the Plan

•     Surveys

•     Classroom Observations

•     Analysis of Current Instructional Program

•     Standards, Assessment, and Accountability

•     Staffing and Professional Development

•     Teaching and Learning

•     Opportunity and Equal Educational Access

•     Parental Engagement

•     Stakeholder Involvement

•     Resource Inequities

•     School and Student Performance Data

•     Planned Improvements in Student Performance (goals, strategies, and proposed expenditures, annual review and analysis)

•     School Site Council Membership

•     Signed Recommendations and Assurances

•     Attachment – School Site Budget Summary

Early Childhood Education, Independent Study, and Berkeley High each use their own school plan formats to summarize site spending, but these still include proposed site fund expenditures, School Site Council membership, signed Recommendations and Assurances, and an attached School Site Budget Summary.

The School Plans comply with the basic legal assurances for Title I as well as BSEP/Measure E1 of 2016. The staff believes that each site has an understanding and ownership of its site budget and has identified strategies to increase the performance of all students while accelerating the achievement of those who have not been succeeding in school. 

A summary of the 2021-22 School Plans’ allocations of BSEP Site Program Funds was presented to the BSEP Planning and Oversight Committee for review on May 25, 2021. Appendix C contains comparisons of BSEP Site Program Fund expenditures between school sites, across spending categories, and over several years. The 2021-22 Consolidated School Plan Binder is appended here, and contains the full School Plans for each site and program, as well as each site’s budget summary and associated appendices. Once approved by the Board, the Plans will be posted online on each school’s BUSD website.

POLICY/CODE:
Education Code 52850-52863
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1) Section 3.B.iii.

FISCAL IMPACT:
Approximately $4,106,039 in BSEP and Title I Site Program Funds.

STAFF RECOMMENDATION:
Approve the 2021-22  School Plans for Student Achievement.

 
Attachments:
2021-22 BSEP Site Program Funds
2021-22 Budget Summary
BSEP Multi Year Site Fund
11.9. Ratification of Amendment Increase to Sports for Learning for Services Provided during the 2020-21 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:        Ruben Aurelio, Associate Superintendent
DATE:         June 23, 2021
SUBJECT:   Ratification of Amendment Increase to Sports For Learning PO #211627

BACKGROUND INFORMATION:
On March 10, 2021, the board approved Sports for Learning PO #211627 for $1,008,000.  Superintendent Stephens requested that Sports For Learning provide an additional 18 staff (6 each to MLK, Longfellow,  and Willard) to the 3 middle schools for an additional cost of $240,345.  The additional funding is from ESSER II and the Extended Learning Opportunity Grant.

FISCAL IMPACT:
As described above.

STAFF RECOMMENDATION:
Approve the additional $240,345 for services requested outside of the original scope of work.



 
11.10. Approval of Resolution to Authorize the Contracts with California Department of Education for the Child Development Programs for 2021-2022
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Superintendent      
FROM:       Ruben Aurelio, Associate Superintendent
DATE:         June 23, 2021
SUBJECT:  Resolution to Authorize the Contracts with California Department of Education for the Child Development Programs for 2021-2022

Background Information:
Each year the District enters into a contract with the California State Department of Education (CDE) for funding for the Child Development Services for California State Preschool Program (CSPP) and Child Care Services (CCTR).   Funding is based on actual student attendance with each full day of student attendance generating revenue of $52.78 per day for our school age students and $53.41 for preschoolers.  Partial day rates are pro-rated to the full day rate.

The current contracts for services for each program are $3,263,663 for the California State Preschool Program (CSPP) and $2,012,439 Child Care Services (CCTR).

In order to enter into the contract, the Board is required to approve the attached resolution. 

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$5,276,102 in potential revenue for the Pre-School Child Development and School Age Child Care Program.

STAFF RECOMMENDATION:
Approve the Resolutions to Authorize the Contracts with the California Department of Education for the Childhood Development Programs for 2021-2022.

 
Attachments:
21-22 Childcare Development Resolution
11.11. Approval of Contract Amendment for Nonpublic Agency Services for the 2021-2022 School Year
Rationale:

Berkeley Unified School District

TO:            Brent Stephens., Superintendent
FROM:       Ruben Aurelio, Associate Superintendent
DATE:        June 23, 2021
SUBJECT:  Approval of Contract Amendment for Nonpublic Agency Services for the 2021-2022 School Year

BACKGROUND INFORMATION
Aya Healthcare to provide one nurse to service BUSD Students and one nurse to help with COVID-19 health and risk mitigation needs during the 21-22 School Year .  The total cost is $353,700 for two nurses.  Additional cost will come from COVID Relief Funds.

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the cost for two nurses.

 

 
11.12. Approval of Resolution for Unidentified Reductions in the Multi Year Projections (Alameda County Office of Education Requirement) Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Brent Stephens, Ed.D, Superintendent 
FROM:  Pauline Follansbee, Assistant Superintendent 
DATE:  June 23, 2021
SUBJECT:  Approval of Resolution 21-052 for unidentified reductions in MYPs

The Alameda County Office of Education (ACOE) is requiring Districts submit a resolution for Multi-Year Projections that include budget balancing solutions when they adopt the 2021-22 budget The resolution should include a detailed list and timeline of the budget balancing solutions.

The Multi-Year Projections in the 2021-22 Budget submission identify the need for
up to $4.8 million in budget adjustments, which are either reductions in General Fund expenditures and/or increases in General Fund revenues for years 2022-23 and 2023-24

Resolution 21-052 is attached for Board review and approval, and will be included in the Budget submission to ACOE.  

 
Attachments:
Resolution 21-052
11.13. Approval of Resolution Authorizing Interfund TransfersWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Brent Stephens, Ed.D, Superintendent 
FROM:  Pauline Follansbee, Assistant Superintendent 
DATE:  June 23, 2021
SUBJECT:  Approval of Resolution 21-051 Authorizing Interfund Transfers

PURPOSE:
To adopt resolution 21-051 to establish temporary interfund borrowing.

BACKGROUND INFORMATION:
Education Code Section 42603 provides that the governing board of any school district may direct monies held in any fund or account to be temporarily transferred to another fund or account of the district for payment of obligations.  The transfer shall be accounted for as temporary borrowing between funds or accounts and shall not be available for appropriation or be considered income to the borrowing fund or account.  Amounts transferred shall be repaid either in the same fiscal year or in the following fiscal year if the transfer takes place within the final 120 calendar days of a fiscal year.  Borrowing shall occur only when the fund or account receiving the money will earn sufficient income, during the current fiscal year, to repay the amount transferred.  No more than 75 percent (75%) of the maximum money held in any fund or account during a current fiscal year may be transferred.

Cash flow from the state has improved and will flow at a normal pace according to Education Code 14041(a)(2).  Five percent (5%) in July, five percent (5%) in August, and nine percent (9%) monthly thereafter up to June.  Thus, it is unlikely this Resolution will be needed for the general fund.  However, it may be needed for other funds, such as Cafeteria Fund (Fund 13) which tends to have irregular remittances during the year.

 This Resolution is intended for the FY 2021-22 only and will be exercised only if the need arises.

 The following are the different options provided to school districts for borrowing funds:

1. Internal Borrowing (Ed Code 42603)

2. Borrowing from County Office of Education (Ed Code 42621 and 42622)

3. Borrowing from County Treasurer (Ed Code 42620)

4. Tax Revenue Anticipation Notes (TRAN)

Interfund borrowing is the recommended method for interfund borrowing from Alameda County Office of Education.

 RECOMMENDATION:

Staff recommends the Board adopt Resolution No. 21-051 authorizing temporary internal transfer of funds for payment of obligations if the need arises.

 
11.14. Approval of Renaissance Learning Assessment License
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:        Ruben Aurelio, Associate Superintendent
DATE:         June 23, 2021
SUBJECT:   Approval of Renaissance Learning Assessment Purchase

BACKGROUND INFORMATION:
Renaissance Learning provides STAR Math and Reading Assessments for K-8 students.  Educational Services would like to purchase a one year subscription for the 21-22 School Year.

FISCAL IMPACT:
Amount not to exceed $135,081.  To be paid from Title 1 Funds. 

STAFF RECOMMENDATION:
Approve the purchase of Renaissance Learning STAR Math & Reading Assessments for the 21-22 School Year.



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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  
FROM: John Calise, Executive Director of Facilities 
DATE:       June 23, 2021    
SUBJECT: Approval of BUSD and City of Berkeley Refuse Contract

BACKGROUND INFORMATION  
The City of Berkeley provides refuse collection services across the District. This service includes collection of all trash, recyclable, and compostable waste. The anticipated cost for the 2021-022 school year is not to exceed $350,000.

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

FISCAL IMPACT  
Approve Refuse Contract between BUSD and the City of Berkeley.

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


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

                                                                                                                                                                   BERRKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  
FROM: John Calise, Executive Director of Facilities 
DATE:       June 23, 2021    
SUBJECT: Approval of BUSD and City of Berkeley Transfer Station Contract

BACKGROUND INFORMATION 
The City of Berkeley Transfer Station provides transfer station and dumpster services across the District. This service includes collection of all trash, recyclable, and compostable waste. The anticipated cost for the 2021-022 school year is not to exceed $75,000.

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

FISCAL IMPACT :
Approve transfer station contract between BUSD and the City of Berkeley.

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


 
11.17. Approval of a Contract with PlaceWorks, Inc. for CEQA Consulting Services for the Berkeley High School Parking Structure & Tennis Courts Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         June 23, 2021
SUBJECT:  Approval of a Contract with PlaceWorks, Inc. for CEQA Consulting Services for the Berkeley High School Parking Structure & Tennis Courts Project 

BACKGROUND
There are more than 320 teachers and staff who work at Berkeley High School.  Currently there is a small lot at Milvia between Bancroft and Durant for 127 staff to park.  All other staff members either take public transportation, bicycle or park on the street. 

The Berkeley High School campus is located in an urban area and although the school has successful boys and girls tennis teams, there are no tennis courts on campus.  The teams currently use King Middle School to practice and have matches.  

The goal of the project is to solve these two needs the high school has involving staff parking and tennis courts. 

In order for this project to move forward, BUSD will need to comply with the California Environmental Quality Act (CEQA), as required by the State of California.  Facilities has selected PlaceWorks to facilitate the CEQA compliance process.  Their fee for these services will be $154,327.

RECOMMENDATION
Approve a contract with PlaceWorks, Inc. for CEQA Consulting Services for the Berkeley High School Parking Structure & Tennis Courts Project.

FISCAL IMPACT

Contract award by this action: $154,327.

This work will be paid from Measure G Bond Funds.  

STAFF RECOMMENDATION

Approve contract with PlaceWorks, Inc. for CEQA Consulting Services for Berkeley High School Parking Structure & Tennis Courts Project.


 
11.18. Approval of a Contract with HY Architects for the District Design Standards Project
Rationale:

                                                                                                                                                                                                                              BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       June 23, 2021    

SUBJECT: Approval of a Contract with HY Architects for the District Design Standards Project


BACKGROUND INFORMATION  

BUSD Facilities has identified several areas of improvement for the District Design Standards that we use for all Capital Improvement projects.  To this end, we consulted with our contemporaries at the Oakland and San Francisco Unified School Districts to compare our respective Design Standards.  This information will be used by our selected design consultant, HY Architects, to develop an updated set of standards for BUSD.  The fee for these services will be $109,000.

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

$109,000. To be funded via Measure G.

RECOMMENDATION

Approve a Contract with HY Architects for design services for the District Design Standards Project.


 
11.19. Approval of a Contract with Dialog Architects (formerly BKDW) for Architectural Services for the Plant Ops Safety, Health and Environmental Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    June 23, 2021       

SUBJECT: Approval of a Contract with Dialog Architects (formerly BKDW) for Architectural Services for the Plant Ops Safety, Health and Environmental Project


BACKGROUND INFORMATION

The Board approved a project budget for the Plant Ops Safety, Health and Environmental Project on May 19, 2021 in the amount of $3,000,000.  The existing paving and building facade are deteriorated and are in need of repair.  Repaving will also permit a more efficient parking layout to accommodate District service vehicles.  Additionally, this project will abate certain Asbestos Containing Building Materials (ACBMs), address regulatory requirements and ensure compliance with state and local agencies for ongoing safe operation as a corporation yard.  The cost for Architectural services will be $94,930.

Architect and engineering services will be provided for Schematic Design, Construction Documents, Bid Assistance, and Construction Administration and Closeout.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

Contract award by this action: $94,930 to be paid from Measure G Bond Funds.

RECOMMENDATION

Approve a Contract with Dialog Architects for architectural services for the Plant Ops Safety, Health and Environmental Project.



 
11.20. Approval of a Contract with Shoreline Environmental Resources for Environmental Assessment and Mitigation services for the Plant Ops Safety, Health and Environmental Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    June 23, 2021       

SUBJECT: Approval of a Contract with Shoreline Environmental Resources for Environmental Assessment and Mitigation services for the Plant Ops Safety, Health and Environmental Project


BACKGROUND INFORMATION

The Board approved a project budget for the Plant Ops Safety, Health and Environmental Project on May 19, 2021 in the amount of $3,000,000.  The existing paving and building facade are deteriorated and are in need of repair.  Repaving will also permit a more efficient parking layout to accommodate District service vehicles.  The cost for Environmental Assessment and Mitigation services will be $279,175.

Architect and engineering services will be provided for Schematic Design, Construction Documents, Bid Assistance, and Construction Administration and Closeout.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

Contract award by this action: $279,175 to be paid from Measure G Bond Funds.

RECOMMENDATION

Approve a Contract with Shoreline Environmental Resources for architectural services for the Plant Ops Safety, Health and Environmental Project.



 
11.21. Approval of a Contract with Gelfand Partners as for Architectural Services at the King CDC Modernization Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         June 23, 2021
SUBJECT Approval of a Contract with Gelfand Partners as for Architectural Services at the King CDC Modernization Project

BACKGROUND
The site and buildings at King CDC need renovation.  The contract for Architectural services is required to start the drawings and specifications for the project.

The King CDC Modernization Project has undergone a competitive bidding process for Architectural services within the pool approved by the Board on November 4, 2020.  A Mandatory pre-bid site walk occurred on June 8, 2021, where 10 Architects attended.  Proposals were received on June 15, 2021.  The proposals were as follows:

Four bids were received. We looked at the completeness and the quality of the proposals to determine the best Architect for the project. The lowest responsible bidder is Gelfand Partners.

RECOMMENDATION
Approve a contract with Gelfand Partners as Architect for the King CDC Modernization Project.

FISCAL IMPACT 
Cost award by this action: $119,900 to be paid from Measure G bond funds.




 
11.22. Approval of Piggyback with Mobile Modular Management Corporation for the Temporary Construction for Access Control Point at Berkeley High School Milvia Gate Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education  

FROM: Brent Stephens, Superintendent 

John Calise, Executive Director of Facilities 

DATE: June 23, 2021 

SUBJECT:     Approval of Piggyback with Mobile Modular Management Corporation for the Temporary Construction for Access Control Point at Berkeley High School Milvia Gate Project

 

BACKGROUND INFORMATION

The District intends to install a temporary structure at the Milvia Gate of Berkeley High School to serve as a COVID screening checkpoint for all persons entering campus. One (1) 8’x14’ portable will be installed at the Milvia gate to serve as this control point.

Staff recommends that the Governing Board approves this contract in order to expedite the project.  Additionally, staff recommends the use of an existing “piggyback” contract with Mobile Modular Management Corporation that was awarded after a public bid under project bid # B17-28-11-000-9291 with the Pajaro Valley Unified School District on January 19, 2018 under Consent Agenda Item 12.13.  Public Contract Code 20118 allows other districts throughout the state to award contracts based upon these bid prices for a period of five years.

Staff recommends the following actions for the Temporary Construction for Access Control Point at Berkeley High School Milvia Gate Project-

Authorize staff to enter into an Agreement with Mobile Modular Management Corporation to lease and install one (1) portable as part of a Piggyback bid with Pajaro Valley Unified School District.  Not to exceed one-time costs for installation, return, and thirteen (13) month lease for a total of $28,550.

POLICY/CODE
Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT
Total this action: $28,550.  To be funded via Measure G.

STAFF RECOMMENDATION
Authorize piggyback contract with Mobile Modular Management Corporation for the Temporary Construction for Access Control Point at Berkeley High School Milvia Gate Project.


 



 
11.23. Approval of Contract Mod #2 for Architectural Design Services for the Longfellow Modernization Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       June 23, 2021    

SUBJECT: Approval of Contract Mod #2 for Architectural Design Services for the Longfellow Modernization Project


BACKGROUND INFORMATION  

On January 25, 2021 the Board approved a contract for Gould Evans to provide architectural services for the Longfellow programming effort.  The programming effort has resulted in the definition of a modernization scope of work.  This contract modification is for Architectural Design services for that new modernization scope as detailed in the programming effort.

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

Contract award by this action: $3,122,300 to be paid from Measure G Bond Funds for a total contract amount of $3,272,120.

RECOMMENDATION

Approve Contract Modification #2 with Gould Evans for Architectural services for the Longfellow Modernization Project.


 
11.24. Approval of Resolution # 21-047 for Disposition of Surplus Property
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 

FROM: John Calise, Executive Director of Facilities 

DATE: June 23, 2021

SUBJECT:   Approval of Resolution # 21-047 for Disposition of Surplus Property


BACKGROUND

The Kitchen at H100 was originally known as the Good Food Cafe at Berkeley High School. Currently, the room is utilized by Special Education. There are plans to create a shared special education/CTE classroom in this space that aligns with the Berkeley High School curriculum. The District wishes to dispose of a large floor standing industrial mixer. This item is deemed as surplus and has either passed it’s useful lifespan, or it is in disrepair or no longer needed elsewhere in the District. 

Education Code Section 35168 requires school districts to establish an inventory system of all assets.  Options for items deemed surplus include: e-waste, auction, recycle or donate.

RECOMMENDATION    

Approve items to be considered surplus for Disposition – Resolution # 21-047

FISCAL IMPACT

Contract award by this action: none

.  


 
Attachments:
Resolution 21-047
11.25. Approval of Van Pelt Construction Services for Two BUSD Construction Projects for Services Beginning July 2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:           June 23, 2021
SUBJECT:    Approval of Van Pelt Construction Services for Two BUSD Construction Projects for Services Beginning July 2021

BACKGROUND INFORMATION
The District has utilized Van Pelt Construction Services since 2011 to provide program, project, and construction management services.  Staff recommends fixed-fee contracts for construction management as they allow for better budgeting, provide incentives to the firm to manage their expenses better, and simplify our accounting. We currently have outstanding contracts with Van Pelt Construction Services that were approved in a previous board meeting. Included in the Construction Management scope is the management of the Measure I PLA requirements for all contractors and subcontractors. The following approval and the fees are being recommended for new construction projects:

The industry standard for these services is 8% of the planned construction costs.  Staff analyzed the project management/construction management costs from the inception of the projects through this proposed approval.  Staff has negotiated a total amount less than the industry standard for all projects. The remainder of the projects are within the 4.5% - 6% range depending on the size and degree of programming required. As per the newly negotiated contract, all Measure G projects will be at a fixed flat rate of 4%.

POLICY/CODE
Board Policy 3310.

FISCAL IMPACT
Contract award by this action:
$ 11,096 to be paid from Measure G Bond Funds

STAFF RECOMMENDATION

Approve a contract with Van Pelt Construction Services for the projects listed above.



 
11.26. Approval of Facilities Plan Modifications: Measure G Program Budget Adjustments
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education  

FROM: Brent Stephens Ed. D., Superintendent 

John Calise, Executive Director of Facilities 

DATE: June 23,2021

SUBJECT: Approval of Facilities Plan Modifications:  Measure G Program Budget Adjustments


PURPOSE  

To ensure that the Measure G Program Budgets are updated and reflect current project funding requirements and current program revenue projections.  

BACKGROUND  

The Board approved the last Measure G Allocation Plan budget on May 19, 2021.  At this time, it is appropriate to consider the following additions to the Measure G program budget.  Below is a high level overview of the projects that are  proposed by staff and have been vetted by the Facilities Subcommittee.  In some cases, several of the projects as noted have already been Board approved and have been added here for clarity and transparency.  The budgets reflected on the attached worksheet represent the construction rough order of magnitude (ROM) budget approved by the Facilities Subcommittee and the soft costs associated with each project.  The budget implications can be seen on the attached Measure G Program Budget worksheet.   

  1. Create a project budget for the Temporary Construction for Access Control Point at Berkeley High School Milvia Gate Project.  The project addition was approved at the June 9th Board meeting. This action creates a project budget of $100,000.  

  2. Increase the budget for the Longfellow Modernization for a total of $30,467,676. The budget has been updated to reflect the modernization project that will occur. This project will be approved by the Board at this meeting and is a separate item.

RECOMMENDATION 

Approve the adjustments as published on the Measure G Program Budget Summary Worksheet  

FISCAL IMPACT

Cost Neutral All costs are contained within Measure G.

RELATED PAST BOARD ITEMS  

None



 



 
Attachments:
Measure G Program Budget Summary Worksheet
11.27. Approval of the 2021/22 Measure H Annual Plan
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent 

FROM: John Calise, Executive Director of Facilities 

DATE: June 23, 2021

SUBJECT: Approval of the 2021/22 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:


This is the ninth Measure H Plan and the second 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 2021/22 Annual Plan.    



 


 
Attachments:
2021-22 Measure H Annual Plan
11.28. Approval of Board of Education Meeting Minutes
Attachments:
April 21, 2021
Feb 17, 2021
March 10 2021
March 24 2021
May 19, 2021
May 5, 2021
12. Discussion Items
12.1. Sexual Harassment Prevention Update (20 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

To: Brent Stephens, Superintendent

From: Stephen Jimenez-Robb, BUSD Office of Civil Rights and Compliance

Re: Sexual Harassment Prevention Update

Date: June 23, 2021

 

In this brief presentation, Stephen Jimenez-Robb, the Coordinator of the district’s Office of Civil Rights and Compliance will discuss efforts over the 20-21 school year to prevent sexual harassment on BUSD campuses.

Elements of this presentation will include:

  1. Newly Hired Staff and Partners

  2. Employee Training and Guidance on Harassment Prevention and Complaint Process

  3. Student Support, Education, and Guidance on Harassment Prevention and Complaints

  4. Sexual Harassment Advisory Committee (SHAC)

 
Attachments:
Update on Sexual Harassment Prevention, BUSD, June 23, 2021
13. Action Items
13.1. Approve the 2021-2024 Local Control and Accountability Plan (LCAP) (10 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Re: Approve the 2021-2024 Local Control and Accountability Plan (LCAP)

Date: June 23, 2021


The Board of Education is asked this evening to approve the Local Control Accountability Plan for BUSD for the 21-24 school years. 

The Superintendent and staff are deeply appreciative for the rich, ongoing engagement of the BUSD community and advisory committee members during this unprecedented year. Many aspects of this feedback are included in the final budget proposal.


BUSD’s 2021-2022 Budget and 2021-2024 LCAP


Also at this evening’s  Board of Education meeting on the 23rd of June, the Board will be asked to pass BUSD's budget for the coming school year, alongside the 2021-2024 Local Control Accountability Plan. Both the LCAP and the budget will add significantly to the number of actions the district will take in the coming year to address a range of disparities in BUSD. These 21-24 actions deepen the district’s focus on disparities that are racialized, and that relate to second language learning, gender and sexual orientation, and disability. As it is with every budget, the district has faced difficult decisions about how to use limited resources to address a variety of needs. 

 

Represented in the 21-24 LCAP are decisions about the General Fund, Supplemental Grant, BSEP, BERRA, and COVID funds that were made by the Board this Spring for the 21-22 school year. They come from many months of listening to our community and include the following equity centered highlights:

  • The addition of nine new Special Education positions in 21-22 to support students with disabilities, and funding for the third year of work on supports for students with reading difficulties or disabilities

  • Funding for a dramatic expansion of the Office of Family Engagement and Equity, with plans for a new Director level position to realize the community’s desire for greater reporting, district-based family empowerment work, reporting, and partnerships; and funding for four additional liaison positions. Over a two year period, BUSD has expanded funding for OFEE by 6.5 FTE, or $610,000.

  • Funding for the reinforcement and expansion of the Bridge program at Berkeley High School; in the coming year, this funding will grow by $220,000.

  • A restoration of funding for the Berkeley Research, Evaluation, and Assessment (BREA) department, including re-establishing a Director-level position and returning staffing levels to pre-2018 levels.

  • Funding for staff trainings on bias and cultural humility, which is an aspect of both the June 2020 Black Lives Matter Resolution and last month’s Latinx Resolution.

  • A new partnership with UC Berkeley to establish a PUENTE program for Latinx students at Longfellow and Berkeley High School; 2021-2022 will serve as a planning year for this programming.

  • Funding for a two year pilot 7-period day at Longfellow; and developing plans for $30M in facilities improvement at Longfellow, which I anticipate to be approved on June 23rd.

  • Direction and funding to engage the BUSD community in the Fall of 2021 on the topic of the longstanding segregation occurring in our middle schools.

  • $2M in Restorative Restart funding for our schools to support equity-based expanded learning, mental health, and enrichment; this grant program was constructed with a strong equity focus, providing $150 per student, and an additional $150 per unduplicated student

  • Funding to form an EL Master Plan leadership group and work with an expert organization to revise the English Learner Master Plan and train staff

  • Additional financial support for the Black Studies department at Berkeley High School

  • Through the Expanded Learning Opportunity grant, funding for enrichment with organizations like Young, Gifted, and Black; and for intervention and acceleration opportunities with organizations like STEM Steps, a science program designed to amplify the many aptitudes of African American students and other students of color

  • Funding for the ongoing creation of an African American Success Framework, which we hope will serve as a touchstone in the coming years for focused and sustained support for Black/African American students and their families. 

  • Ongoing allocation for consent education at Berkeley High School, and continued support for sexual harassment prevention programs like Green Dot, Coaching Boys Into Men, and universal consent education at Berkeley High School; these additional investments augment the 2020 expansion of staffing in the district’s Office of Civil Rights and Compliance (formerly called the Title IX Office).

  • A new BHS 504 Coordinator to support students with disabilities 

  • Funding for hiring an Ethnic Studies TSA to support the creation of a new K-12 Ethnic Studies curriculum

  • Through BERRA, the creation of a new staff position to focus on recruiting and retaining staff of color

These new elements, listed only partially in this Board memo, are added to ongoing efforts in the areas of mathematics, reading intervention, and Career Technical Education (CTE); as well as important work in the areas of facilities and sustainability.


 
Attachments:
2021 LCAP and Learning Continuity Plan Annual Update, June 23, 2021
2021 LCFF Budget Overview for Parents, June 23, 2021
2021-2024 Local Control Accountability Plan, FINAL, June 23, 2021
BUSD 2021 Local Indicators, June 23, 2021
13.2. Adopt the 2021-2022 Budget (10 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Brent Stephens, Ed.D., Superintendent
FROM:              Pauline Follansbee, Assistant Superintendent
PRESENTER:    Pauline Follansbee, Assistant Superintendent
DATE:               June 23, 2021
SUBJECT:            Approval of 2021-22 Budget and 2020-21 Estimated Actuals

BACKGROUND INFORMATION:
The Board received the 2021-22 Preliminary Budget and 2020-21 Estimated Actuals, and held a Public Hearing on the budget at the June 16, 2020 Board meeting.  Staff is now presenting, under separate cover, the 2021-22 Budget and 2020-21 Estimated Actuals to the Board for approval and adoption.  The following certifications maybe assigned:

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

The Adopted Budget along with the Multi-Year Projections is under separate cover, and indicates the District will be able to meet its financial obligations in the current and subsequent two fiscal years, after including $4.6 million in budget reductions in the budget.   Therefore, staff is presenting the Adopted Budget to the Board with a positive certification.

Multiyear Budget Projections (MYP)

Alameda County Office of Education (ACOE) is requiring Districts to provide a resolution as well as a detailed list and timeline of unidentified budget balancing solutions included the Adopted Budget.  The resolution is being presented under separate cover.

Public Hearing Reserve Disclosure Requirement

Pursuant to Senate Bill (SB) 858, district need to provide the following at pubic hearing for the budget adoption:

·       The minimum reserve level required in the budget and two subsequent years

·       The amount of assigned and unassigned ending fund balance that exceeds the minimum in each year

·       Reasons for the reserve being greater than the minimum

The public hearing will be held at the June 23rd meeting.

RECOMMENDATION FOR THE BOARD:

Approve and adopt the District’s 2021-22 Budget and 2020-21 Estimated Actuals.

NEXT STEPS:

The Governor is expected to approve the final state budget by June 30, 2021.  If the State’s enacted budget requires significant adjustments in the District’s adopted budget, then then staff will present a revised budget to the Board within 45 days.

 
Attachments:
2021-2022 Adopted Budget
13.3. Approval of Additional Allocation of Measure G Funds to Longfellow Middle School Modernization Project (20 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    June 23, 2021        

SUBJECT: Approval of the Total Budget for the Longfellow Modernization Project


BACKGROUND INFORMATION

On July 1, 2020, the Board approved a project budget for Longfellow Middle school in the amount of $9,845,000.  We are proposing to combine the proposed budgets for Infrastructure, Career Technology Education and Solar and add $7,509,163, for a Total Proposed Project Budget of $30,195,203.  

The attached slide presentation shows the robust process we engaged in with the school community and the proposed scope of work included in each project budget, as well as the additional improvements funded by the contract modification.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

$30,195,203 to be paid from Measure G Bond Funds.  All costs are contained within Measure G.

RECOMMENDATIONS

Approve project and the proposed budget for the Longfellow Modernization Project.  


 
Attachments:
Longfellow Middle School Update Presentation
13.4. Public Hearing for and Approval of Resolution 20-048 to enter into an Energy Service Contract with Schneider Electric for the BHS Natatorium Project (Time Certain: 9PM, which means that the hearing will begin no earlier than 9PM) (5 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent

FROM: John Calise, Executive Director of Facilities

DATE: June 23, 2021

SUBJECT: (1) Conduct Public Hearing and (2) Approve Resolution No. 21-048 to enter into an Energy Service Contract with Schneider Electric for the Berkeley High School Natatorium 


BACKGROUND INFORMATION 

Berkeley High School’s Natatorium (indoor swimming pool) uses is a large energy user as it relates to Berkeley High School and the entire School District. A feasibility study was conducted and focused on the evaluation of a thorough solution to the Health, Safety, and Energy aspects of the building. Upon completion of the study, and an in-depth review, the following actions are recommended to improve water and air quality for maximum health and safety benefits, and to improve energy efficiency:

  1. Replace the Pool AHU with a modern unit designed to manage and treat the air

  2. Install PV (solar) on various roofs to offset the electric cost of the pool system, working towards a ZNE (zero net energy) pool

  3. Install a tri-chloramine exhaust system to further improve venting near the pool surface

  4. Install a pool monitoring dashboard that measures and monitors critical pool systems

  5. Install Electric Driven Pool Cover

Additionally, Pacific Gas and Electric has an approved reservation for a Storage Generation Incentive Program Rebate towards a battery to be installed at Berkeley High School to further complement the utility savings obtained from the planned rooftop solar.  This rebate is for the value of $306,000 and will be applied to the total cost of this project.

Currently, the Natatorium is the largest consumer of power in the District’s inventory of facilities.  The photovoltaic solar portion of the project intends to create the District’s first Zero Net Energy (ZNE) building. 

Energy, operations, and maintenance savings for this project are expected to be $80,000 to $150,000 per year.  Energy savings are achieved through implementing a pool cover at the swimming pool, upgrading the air handling unit serving the pool, and installing solar PV and battery energy storage at the High School.  Operations and maintenance savings are achieved through reducing the amount of chemicals needed in the swimming pool.

Preliminary energy analysis shows that the swimming pool building uses approximately 560,000 kWh/yr.  In order to allow this building to achieve a net-zero electricity rating, a solar PV system of 350-400 kW will need to be installed to offset the estimated pool building energy usage.  Reducing 560,000 kWh/yr from the High School electric bill results in savings of approximately $70,000/yr.  Adding battery energy storage will help reduce the peak demand at the High School, provide more certainty in the savings from the solar PV system, provide some resiliency to the site in case of power outages, and provide flexibility for the district to select the best utility rate to get on.  Peak demand and rate optimization could save up to $50,000/yr.

Providing better control to the swimming pool and its associated support systems will reduce the amount of chemicals needed in the swimming pool.  This is estimated to save $10,000 - $20,000 per year.

In accordance with Government Code 4217.12, BUSD may enter into an energy service contract to construct energy efficiency projects when the anticipated cost for the projects’ energy service is less than the anticipated marginal cost to the District of the energy that would have been consumed without the project. The procedures under Government Code 4217.12 allows the District to utilize a Request for Proposal and price/qualifications selection process for a design-build Contractor so long as the School Board can make the energy cost savings determination after a public hearing scheduled at a regular meeting. 

POLICY/CODE

Government Code Section 4217.12

FISCAL IMPACT

All costs are contained within the Measure I Project budget. The total cost of the final project is expected not to exceed $ 9,000,000.  The total cost of the initial design phase of the project and this action is $503,086; this cost is included within the final project cost.

STAFF RECOMMENDATION

  1. Conduct Public Hearing per Government Code 4217.12; and

  2. Approve Resolution No. 21-048 to enter into an Energy Service Contract with Schneider Electric for the Berkeley High School Natatorium

 
Attachments:
Resolution 21-048
14. Public Hearing
14.1. Public Hearing for Disclosure on BUSD’s Reserve at 9:30pm. (Note: This means that the hearing will begin no earlier than 9:30 PM but may begin later than this time.) (5 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            June 23, 2021
SUBJECT:
     Public Hearing for Disclosure on BUSD’s Reserve

Reserves / Reserve Cap

Since the May Revision estimates that the total deposit the state is required to make into the Proposition 98 Reserve is $4.6 billion (up from $3.0 billion in January), it triggers the law that caps local school district reserves for the 2022–23 fiscal year.   The 3% cap on reserves is effective when the amount in the education rainy day fund is at least 3% of the K–12 share of Proposition 98 Local reserves in adopted or revised budget cannot exceed 10% of combined assigned and unassigned.

County Offices of Education continue to reinforce the need for adequate reserve levels. The Government Finance Officers Association, a national organization representing federal, state, and local finance officials, recommends school districts and other local governments maintain reserves of at least two months of operating expenditures (approximately a 17% reserve) to mitigate revenue shortfalls and unanticipated expenditures

Governmental Accounting Standards Board (GASB) Standard 54 defines the unrestricted components of fund balance as follows:

  • Committed Fund Balance (Objects 9750 – 9769) – Amounts subject to internal constraints self-imposed by formal action of the governing board, which may be redirected in the same manner in which the original constraints were imposed.
  • Assigned Fund Balance (Objects 9770 – 9788) – Amounts intended to be used for specific purposes but for which the constraints do not meet the criteria to be reported as restricted or committed.
  • Unassigned Fund Balance (Objects 9789 – 9790) – Amounts not classified as restricted, committed, or assigned, which includes the reserve for economic uncertainties and any unappropriated amounts.

Pursuant to Senate Bill (SB) 858 districts are required to provide the following at public hearing for the budget adoption

  • The minimum reserve level required in the budget and two subsequent years

  • The amount assigned and unassigned ending fund balance that exceeds the minimum in
    each year      
  • Reasons the reserve exceeds the minimum

The district’s calculations are below and will be presented with the at a public hearing along with the Adopted Budget.

 

 
15. Information Items
15.1. Update on Process for Considering Revisions to BUSD’s Middle School Assignment ProcessWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Re: Middle School Student Assignment Community Engagement Information

Date: June 23, 2021

During the month of June, the district is beginning work to reach out to the Berkeley Unified school community about the current middle school student assignment process, and more specifically to engage in discussions about the segregation that is present in BUSD’s middle schools. 

The district welcomes participation in this important community-wide conversation.

Included in this process this month are the following engagement activities:

  1. Launched community resource page on BUSD website 

    1. Provides information & updates 

    2. Will be regularly updated

  2. Elementary & middle school families survey

    1. Spanish & English Language Versions

    2. Runs Thursday, June 10th to Thursday, June 24th

  3. Two Community Informational Meetings

    1. Tuesday, June 29th from 6-7pm (English-language)

    2. Wednesday, June 30th from 6-7pm (Spanish-language)

  4. Community outreach activities

    1. A+ News, flyers, REMIND, news feed & more

The engagement process will continue in August with additional meetings and presentations to the School Board, with an anticipated recommendation for possible adjustments to the current assignment system from the Superintendent in November, 2021.


 
Attachments:
Middle School Student Assignment Community Engagement Information, June, 2021
16. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:
 
17. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
18. Adjournment

Published: June 20, 2021, 11:34 AM

The resubmit was successful.