The Presiding Officer will call the meeting to order at 6:30 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.

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:         December 15, 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.Contract with Freedom Soul Media Education, to provide analysis of Umoja program and recommendation reporting for Ed Services for the 2021/22SY. The cost will not exceed $21,625. To be paid from BSEP Consulting Funds. Requested by Ruben Aurelio.
• 2.Contract with Therapeutic Pathways, Inc., to provide individual behavior intervention services to Special Ed for the 2021/22SY. The cost will not exceed $19,600. To be paid from Special Ed Funds. Requested by Shawn Mansager.
• 3.Increase in contract, to PO#221064 to Jessica Rodney, to provide contact tracing and data analysis for the district as part of the Covid Response Team. The Board originally approved $15,120 on October 6, 2021. The additional amount needed is $39,880 for a total amount of $55,000.To be paid from COVID Relief Funds. 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: December 15, 2021

SUBJECT: Approval of increase in Contract with Winn Burda for District-wide COVID Risk Management Services

BACKGROUND INFORMATION 

The Superintendent approved the contract with Winn Burda to provide risk management services as part of the District’s Covid Response Team on June 9, 2021, and August 11, 2021, for services beginning on July 1, 2021, through January 31, 2022, as an independent contractor. We are looking to extend services until June 30, 2022. The current contract total is $60,000. The total increase in services will be $56,000 for a new contract total not to exceed $116,000.

RECOMMENDATION

Increase current contract with Winn Burda to extend services in the amount not to exceed $116,000.

FISCAL IMPACT

Contract award of not to exceed $116,000 to be paid for by the COVID relief funds that are contained within the General fund.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE: December 15,2021

SUBJECT: Approval of Contract with Rockeye Consulting to Establish Safety Plans, Perform Safety Assessments, and Conduct Training

BACKGROUND INFORMATION 

Per California Education Code 32282, all School Districts are required to establish and maintain a comprehensive school safety plan.  The comprehensive school safety plan shall include, but not be limited to the following:

1. Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, which shall include the development of the following:

2. Disaster procedures, routine, and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The disaster procedures shall also include, but not be limited to the following:

a. Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. 

3. A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. 

4. Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.

The contract seeks to use Measure H funds to update current safety and training plans.  

The Scope of work included in this contract includes:

• Physical assessment of each property to ensure current Fire Evacuation plans are aligned

with the California Division of State Architect (DSA) designed routes.

• Coordination with site administration on emergency procedures related to the physical plant/school site.

• Reconstruct current building/ property emergency maps using the Bluebeam® software

technology. This will allow the district to align with current DSA protocols for plan submittal

and any future alterations to maps (See attached Bulletin).

• Maps will include:

1. Aerial overview of property to scale

2. Exterior and interior building layouts, room numbers, etc.

3. Features and objects will be layered identifying key components for emergency or disaster operations.

4. Evacuation Routes

5. Disaster / Emergency Assembly areas

6. Disaster bins/containers, with photos

7. Emergency utility shut-offs/ with photos depicting how to shut off utility

8. Emergency Operations Center (EOC) location(s)

9. Command Post (as applicable) location(s)

10. Fire Extinguisher locations

11. Emergency Eye-Wash Stations

12. First-Aid / Triage Area(s)

13. Ambulatory access location(s)

14. Student Reunification gates/areas

15. Alternate reunification locations, e.g. nearby schools, parks, churches, community centers

• Meet regularly with district facilities and maintenance staff to coordinate procedures and guidelines to support health and safety measures for sites.

• Continual monitoring of health regulation, orders, and policy changes and update procedures and facilities as needed.

• Implement and train the school site safety committees (2 meetings per site).

• Update Comprehensive Safety & Emergency Operation Plans for each designated District facility.

• Assist the District and Executive team in developing an Emergency Operation Center (EOC) at a designated facility.

• Complete Emergency Operation Center (EOC) training for the school administrative personnel (1-day training, 5 hours) All electronic materials included.

• Provide Incident Command System (ICS 402) for Senior Executives and Management (All electronic materials included)

• Provide training to each designated facility to include: Federal Emergency Management

Administration (FEMA) School Emergency Response Team, and Incident Command System (ICS-100) Course (2 days of training, 3 hours each day) (All electronic materials included)

• 2 drills at each District facility.

• Refresher training on Emergency Operation Center (EOC)- Six (6) months and one (1) year after initial drills.

• Safety Vulnerability Assessments (SVA) for each District facility.

• Establish Protocols for We-Tip Hotline

RECOMMENDATION

Approve Contract with Rockeye Consulting to Establish Safety Plans, Perform Safety Assessments, and Conduct Training 

FISCAL IMPACT

Contract award of not to exceed $ 142,350 to be paid for by Measure H, the Facilities Safety and Maintenance Act.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    December 15, 2021        

SUBJECT: Approval of Contract Modification #2 with The KDI Group for Inspection Services for the Berkeley High School Building A Theater Project

BACKGROUND INFORMATION

The Board approved a contract with The KDI Group on October 23, 2019, to provide inspection services for the Berkeley High School Building A Theater Project.  An additional contract modification was approved on November 18, 2020, due to an increase in the value of the construction contract. There has been an increase in contract scope and additional hours required for review to complete the project on schedule. 

The Board has previously approved $868,500 for this project.  We are recommending an increase of $243,187.50 for a revised contract value of $1,111,687.50.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

Contract award by this action: $243,187.50 to be paid from Measure I Bond Funds for a total contract amount of $1,111,687.50. All Costs are contained within the project budget.

RECOMMENDATION

Approve Contract Modification #2 with The KDI Group for inspection services for the Berkeley High School Building A Theater Project.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent

FROM: John Calise, Executive Director of Facilities

DATE: December 15, 2021

SUBJECT: Approval of Option to Lease Agreement between District and Developer SAHA/Abode Communities for District Educator Workforce Housing Project

BACKGROUND INFORMATION 

On February 17, 2021, the Board of Education unanimously approved the Berkeley Adult School (“BAS”) front parking lot, along San Pablo Avenue, as the site for the District’s Educator Workforce Housing.  On May 5, 2021, after an extensive Request for Proposal process, the Board approved a partnership between the District and SAHA/Abode Communities to design and develop the District’s Educator Workforce Housing project.  The District and SAHA/Abode Communities have been collaborating on the best approach to commencing the Project planning and development process.  Based on these discussions, the parties determined the first step is to enter into an exclusive Option to Lease Agreement pursuant to which the developer team will have the exclusive right to Lease the BAS parking lot area for development, construction and operation of the District’s Educator Housing Project (”Option Agreement”).  This Option Agreement will also allow the developer team to begin seeking required financing for the Project.  

Once the Option Agreement is approved and executed, the parties will then negotiate two additional more detailed agreements for the subsequent phases of the Project – a Development Agreement and a Ground Lease. The Development Agreement will govern activities related to the planning (including community outreach), development and construction of the Project.  Once the Project is constructed, the Ground Lease will govern the ongoing operation and maintenance of the Housing Project.  Facilities Department staff estimates that the Development Agreement will be presented to the Board for consideration in late February 2022.

POLICY/CODE

Teacher Housing Act of 2016, CA Health and Safety Code section 53570 et seq. 

FISCAL IMPACT

Attorneys’ fees associated with negotiation and review of further agreements.

STAFF RECOMMENDATION

Approve Option to Lease Agreement

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Re: 2022 Board Committee Assignments

Date: December 15, 2021

Each year, the Board of Education updates the assignment of Committee members to district committees. Committee assignments for the 2022 calendar year are proposed in the attachment below.

For the 2022 calendar year, three new advisory committees are proposed:

1. Sexual Harassment and Gender Equity Advisory Committee

2. African American Advisory Committee

3. Equity and Excellence Committee

Information about these new advisory committees is forthcoming.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Brent Stephens, Ed.D, Superintendent

FROM:       Pauline Follansbee, Assistant Superintendent of Business Services

DATE:        December 15, 2021

SUBJECT:    Discussion of Alameda County Office of Education (ACOE)  Required   Reductions to 2022-23 General Fund Budget

BACKGROUND INFORMATION:

The District has been asked by the County Office of Education to approve a preliminary list of on-going budget balancing solutions for the 2022-23 school year when the First Interim Budget is submitted to board for approval.

 This new December deadline is intended to prompt conversations that may be difficult months prior to the customary timeline. Budget discussions will continue in the January through June time period – and the District will approve the final budget in June, 2022 - but these fall conversations are meant to be a jumpstart on the process.

 The attached is the preliminary list of budget balancing solutions, that will be shared with budget committees in the upcoming weeks for their input. 

The budget target on the attached list is based on the District’s First Interim Budget, which is being presented at tonight’s board meeting for approval.  Based on assumptions in the First Interim, the budget target has been revised from $6.6 million to $4.6 million primarily due to the adjustment for the contribution to the Nutrition Services Program in the First Interim Budget.

 This final list of budget balancing solutions is presented to the Board for approval at the December 15th board meeting.

STAFF RECOMMENDATION:

Approve this final list of budget balancing solutions. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D Superintendent

FROM: John Calise, Executive Director of Facilities  

DATE: December 8, 2021

SUBJECT: Measure H First Quarter FY 2022 Report

SUMMARY AND DISCUSSION

This report is an update of the Maintenance Department for the first quarter of the 2022 Fiscal Year.  The reporting period covers July 1, 2021 through September 30, 2021.  The stated goals of the Annual Plan are not listed in this report, but certain areas of these goals will be referred to as we evaluate progress in these areas. We will also continue to report on specific areas of previously approved Plans as we make progress on those goals.  

COMMUNICATION/REPORTING

The Committee is also receiving the 2021/22 1st interim Financial Report.  

COMMITTEE MEMBER COMMENTS

None for this reporting period

MAINTENANCE

We contracted to have the elevator at Ruth Acty modernized, the boiler a King M building replaced, a section of sewer line at King Dining Commons replaced as well as many smaller items. 

Our staff performed in depth HVAC preventative maintenance in order to maximize ventilation, continued to install water bottle fillers at all sites, continued to purchase and install portable air purifiers for all sites, as well as many other items.

Our evening crew would normally have started their regular rotation through school sites by now, however due to complications from Covid they have not. We expect to start the rotation in the new year.

There were no fire inspections during this period.   

There were fifteen elevator inspections during this period, we have completed all items that were called out.  

TRAINING

All maintenance and grounds personnel received sustainability training in addition to some annual mandatory trainings on October 11th.     

GROUNDS    

The grounds department is fully staffed. 

SUSTAINABILITY

In conjunction with our grounds department, we worked to restore the creek and Redwood Grove at John Muir Elementary school. These two projects are ongoing. We also are working to plant Miyawaki forests at three of our schools.

VEHICLES AND EQUIPMENT 

Although we budgeted for two new vehicles this year, we have not been able to buy them due to supply shortages.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Brent Stephens, Ed.D Superintendent

FROM:   John Calise, Executive Director of Facilities 

DATE:   December 8, 2021

SUBJECT:    Measure H Financial Update (1st Interim FY 2022)

SUMMARY AND DISCUSSION

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

The next chart compares the projected expenditure recommendations in the 2022 Annual Plan with current projected expenses.

MODIFICATIONS

EXPENDITURES

SALARIES AND BENEFITS

The projected expenditures for salaries, benefits and overtime is $155,472  higher than in the Annual Plan. This is due to a negotiated 1% salary increase and a 3.5% bonus for all staff.

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

POSITION CURRENTLY FILLED

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

• Two Maintenance Supervisors 

• One Grounds Supervisor

• One Sustainability Program Coordinator

• Three Lead Trades Workers

• Eleven Maintenance Engineers (one position assigned to BHS)

• Three Maintenance Technicians 

• Two General Maintenance Workers 

• One Security Engineer

• Two Lead Gardener

• Seven Gardeners 

• One Irrigation Specialist

• 2.15 FTE Administrative Coordinators 

• Three FTE Security Worker 

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

• Three 0.15 FTE Vehicle Mechanics

• 1.0 Telecommunications Specialist

• 0.4 Network Engineer

VACANT POSITIONS

• 1.0 Maintenance Engineer

SUPPLIES

The projected expenses for supplies are the same as the projections in the 2022 Annual Plan.