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Regular Meeting
Berkeley USD
January 19, 2022 5:00PM
Zoom Webinar

1. Call to Order - 5:00 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 5:xx p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 


2. Closed Session Public Testimony
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:xx [15 min before closed session] 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. 


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. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(b))
3.1.1. OAH Case No. 201100216 / 2022010055
3.2. Superintendent’s Evaluation (Government Code Section 54597)
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of January 19, 2022
6. Report on Closed Session
7. Equity Showcase
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Brent Stephens, Superintendent  
FROM:  Rubén Aurelio, Associate Superintendent
DATE:    January 19, 2022
SUBJECT: Equity Showcase: Longfellow Middle School

 

BACKGROUND INFORMATION:  As part of the ongoing work to showcase the efforts of our district and specific school sites, the board of education asked for Equity showcases to be presented at the second meeting of each month beginning in January 2022. Tonight, the school board of education and the community will hear about the proud and extensive work from Longfellow Middle School.

POLICY/CODE (if any):

FISCAL IMPACT:$

RECOMMENDATION: 


 
Attachments:
Equity Showcase, January 19, 2022: Longfellow Middle School
8. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:15 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 30 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. 

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. 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).
11. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

12. Consent Calendar
12.1. 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:             January 19, 2022
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 Human Resources Report 01.19.21
Classified Human Resources Report 01.19.22
12.2. 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:       January 19, 2022
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 01.19.22
12.3. Approval of Student Teaching/Internships for Teachers, Nurses, and Counselors MOUs between BUSD and Universities
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       January 19, 2022
SUBJECT:      Approval of MOUs between BUSD and Universities 

BACKGROUND INFORMATION:
BUSD has entered into agreements with the following universities to provide the university students with internships and/or student teaching so they may gain practical teaching, administrator, nursing, or counseling 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 the following universities:

-North Coast School of Education

-Western Governors University



 
Attachments:
Addendum to NCSOE BUSD MOU 2021-2022
North Coast School of Education MOU
Western Governors University Tier 1 Partnership Agreement
12.4. Approval of Contract with Electriphi Managed Charging/Software Data for Berkeley Unified School District Electric School Buses
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


TO: Brent Stephens Ed. D., Superintendent

FROM: Pauline Follansbee, Assistant Superintendent of Business Services

DATE: January 19, 2022

SUBJECT: Electriphi Managed Charging/Software Data for Berkeley Unified School District Electric School Buses


BACKGROUND INFORMATION:


Electriphi, Inc. monitoring and management services that directly impact electric vehicle fleet operations (such as charging station status, network connectivity, and equipment faults). Reports will include analysis on energy costs, utility costs and transformer capacity, as well as greenhouse gas emission reductions. These benefits are determined by comparing the cost of a new battery electric vehicle to the conventional vehicle being replaced. Other potential factors such as overall energy cost of vehicles, state and federal incentives, safety benefits and vehicle-to-grid (V2G) economic benefits.


FISCAL IMPACT: 

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


STAFF RECOMMENDATION: 

Board approval for Electriphi Managed Charging/Software Data required for annual reporting for the electric school buses acquired through grant funding from BAAQMD and HVIP in 2018.



 
12.5. Approval of Fiscal Warrants for December 2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline E. Follansbee, Assistant Superintendent, Business Services
DATE:            January 19, 2022
SUBJECT:     Approve Listing of Fiscal Warrants issued in December 2021

BACKGROUND:
Each month the District writes several checks to vendors for services provided and goods received. The checks are written against both the Restricted and Unrestricted General Fund. The summaries of warrants for the month of October is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$6,783,514.18 
for the month of December 2021 from various funds.  

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


 
Attachments:
Fiscal Warrants for December 2021
12.6. Approve Payroll Warrants for the Month of December 2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:              Brent Stephens, Ed.D., Superintendent

FROM:        Pauline Follansbee, Assistant Superintendent

DATE:        January 11, 2022

SUBJECT: Approval of Payroll Warrants Issued in December 2021

 

BACKGROUND INFORMATION 

On a regular basis, the Board receives information on the total amount paid employees during a month.  The attached represents a summary of pay warrants from various funds for the month of December 2021.

 

POLICY/CODE

Educational Code 41010 et seq.

 

FISCAL IMPACT

$3,697,821.09 for December 2021 from various funds.

 

STAFF RECOMMENDATION

Approve payroll payments made in December 2021.

                                                                      

 
Attachments:
PAYROLL WARRANTS DECEMBER 2021
12.7. 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:         January 19, 2022

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.Fusion Learning, Inc., to provide Educational services for one Special Ed student for the 2021/22SY. The cost will not exceed $15,585.71To be paid from Special Ed Funds.Requested by Shawn Mansager.
  • 2.Images of a Culture, Mary Montle Bacon, Ph.D., to provide seminar sessions to Special Ed Department for the 2021/22SY. The cost will not exceed $12,500. To be paid from Special Ed Funds. Requested by Shawn Mansager.
  • 3.Interpreting & Consulting Services, to provide signing interpreters for families and students for the 2021/22SY. The cost will not exceed $20,236. To be paid from Special Ed Funds. Requested by Shawn Mansager.
  • 4.Inter-City Services, to provide Fiscal Agency Career Counselor at Berkeley Technology Academy for the 2021/22SY. The cost will not exceed $50,000. To be paid from Alameda County of Ed SWP Grant. Requested by Heidi Weber.
  • 5.360 Degree Customer, Inc., to provide Paraprofessional and Special Ed Teacher for Special Ed Department for the 2021/22SY. The cost will not exceed $95,872. To be paid from Special Ed Funds. Requested by Shawn Mansager.
  • 6.Ratification of a contract with McMillan Security Systems, Inc to install a security access system for 1005 Parker Street as a part of the Plant Operations Project. The cost will not exceed $10,122. To be paid from Measure G. Authorized by John Calise.
  • 7.Ratification of a contract with Bay Valley Security to provide security services from January - May 2022 for Maintenance Vehicles housed at Berkeley Adult School as a part of the Plant Operations Interim Housing Project.The cost will not exceed $52,000. To be paid from Measure G. Authorized by John Calise.

 

 

 

POLICY/CODE

Public Contract Code: 20111

Board Policy 3310

 

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

 

 
12.8. Approval of Amended Contract with Robert Half (Payroll Supervisor)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:         January 19, 2021

SUBJECT:  Approval of Amended contract with Robert Half

 

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.Amendment to contract with Robert Half, to provide consulting services for Payroll Department for the 2021/22 SY. The original cost of $80,000. was approved on 11/17/2021. This is request is to add additional fund of $20,000.For a total not to exceed $100,000. To be paid from Salary Savings Fund. Requested by Pauline Follansbee.

 

 

 

POLICY/CODE

Public Contract Code: 20111

Board Policy 3310

 

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

 

 
12.9. Approval of Meeting Minutes for 10/20/21
Attachments:
Board Minutes 10/20/21
12.10. Resolution No. 22-026 In Support of Net Energy Metering
Attachments:
Resolution 22-026
12.11. Approval of an Amendment for LPA for the Sylvia Mendez Modernization Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:      January 19, 2022    

SUBJECT: Approval of an Amendment for LPA for the Sylvia Mendez Modernization Project


BACKGROUND INFORMATION 

On September 8, 2021 the Board approved a contract for LPA to provide architectural services for the Sylvia Mendez Modernization Project.

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

Contract award by this action: $565,482 to be paid from Measure G Bond Funds for a total contract amount of $2,929,022.

RECOMMENDATION

Approve Contract Modification #1 with LPA for additional design services for increased modernization budget and solar panel system for the Sylvia Mendez Modernization Project.


 
12.12. Approval of a Contract with Alten Construction for Lease-Leaseback Pre-Construction Services at the Longfellow MS Modernization Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         January 19, 2022
SUBJECT:  Approval of a Contract with Alten Construction for Lease-Leaseback Pre-Construction Services at the Longfellow MS Modernization Project


BACKGROUND
The Board approved a project budget for Longfellow on June 23, 2021 in the amount of $30,195,203.   

Gould Evans has been selected as the Architect and was approved by the Board on June 23, 2021.

The Longfellow Modernization Project Pre-construction Lease-Leaseback contractor selection has undergone a competitive bidding process.  A Mandatory pre-bid site walk occurred on September 29, 2021, where 9 construction firms were represented.  Seven firms submitted proposals which were reviewed by the selection committee.  Of the seven firms who submitted proposals, three were selected to participate in interviews which were held on November 18, 2021.

The intent is to select Lease-Leaseback contractor to provide pre-construction services in a collaborative process with the Architect, and the District.  Once the drawings have been approved by the applicable state agencies, the Contractor will develop a Guaranteed Maximum Price (GMP) for the construction.  The GMP will be brought to the Board for approval prior to the start of construction.

The three Contractors selected to participate in interviews were BHM Construction, Alten Construction and Overaa Construction.  Of the three firms interviewed, the committee selected Alten Construction as the best value.

The Alten proposal for pre-construction services is $54,000.

RECOMMENDATION
Approve a contract with Alten Construction as the Pre-Construction Lease-Leaseback contractor for the Longfellow Middle School Modernization.

FISCAL IMPACT 
Cost award by this action: $54,000 to be paid from Measure G bond funds.


 
12.13. Ratification of a Contract with NV Construction, LLC as a General Contractor for the Emergency Building Repair Project for Oxford at West Campus, and Resolution 22-025
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       January 19, 2022  

SUBJECT: Ratification of a Contract with NV Construction, LLC as a General Contractor for the Emergency Building Repair Project for Oxford at West Campus, and Resolution 22-025


BACKGROUND INFORMATION

On the evening of November 2, 2021, as a result of a single-vehicle motor vehicle accident at the intersection of Addison and Browning Street, the exterior wall at Oxford at West Campus was damaged. Facilities had the structure assessed by a structural engineer to determine the scope of repairs required and immediately reached out to several prequalified CUPCCAA contractors.  NV Construction was available to begin the emergency work immediately and also make the permanent repairs to the building based on the engineer’s specifications and scope.  Their contract price was vetted by the Facilities office and by the claims adjuster from the District’s insurance carrier and deemed to be fair.   

FISCAL IMPACT  

$ 37,446 – Base Bid

$ 3,744.60 – 10% Contingency

The cost award by this action is $41,190.60 to be paid from Measure AA bond funds. All costs are contained within the project budget.

RECOMMENDATION

Ratify a contract with NV Construction, LLC as a general contractor for the Emergency Building Repair Project for Oxford at West Campus, and approve resolution 22-025.


 
Attachments:
Resolution 22-025
13. Discussion Items
13.1. Update on BUSD’s Efforts to Mitigate Against the Current COVID-19 Surge (45 minutes)Was edited within 72 hours of the Meeting
Rationale:
BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: January 19, 2022

Re: Omicron Surge Update

 

In this update the Board of Education, BUSD staff will share information about the following topics related to the Omicron surge.

 

  1. Data: COVID Cases, Absences

  2. Enhanced Response During the Surge Period

  3. CDPH Introduces Group Contact Tracing/BUSD Introduces All-School Notifications

 

Materials for the presentation are attached.

 
Attachments:
Update on Omicron Surge for BOE, January 19, 2022
13.2. Governor's 22-23 Budget and BUSD Budget Process (45 minutes)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens Ed.D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent
DATE:         January 19, 2022
SUBJECT    Governor’s January Budget Proposal 22-23 and the 22-23  Bay Area CPI

BACKGROUND INFORMATION:

On January 10, 2022, the Governor released the 2022-23 state budget proposal that projects a surplus of $45.7 billion, and proposes an unprecedented Local Control Funding Formula (LCFF) cost of living adjustment (COLA) of 5.33%.  The budget also proposes changes to the average daily attendance (ADA) component of the LCFF to assist local education agencies (LEAs) in managing declining enrollment by allowing LEAs to be funded on the greater of the current year, prior year, or an average of three prior year’s ADA.  

 

There are significant ongoing and one-time funding proposals for other programs and policies, including Independent Study and Early Literacy that will be presented after staff attends the Governor’s Budget Workshop next week.  Proposed trailer bill language to be released in early February will also provide more details about the budget proposals.

 

Programs funded by local parcel taxes receive an annual COLA based on the Bay Area Consumer Price Index (CPI), which is projected to be 4.2% for 2022-23.

 

 

FISCAL IMPACT:
The fiscal impact on the District’s 22-23 LCFF funding based on the increase in COLA is an increase of $2.4 million.  The impact on LCFF funding re the change in ADA calculation will be finalized after receipt of additional information.  

 

The projected increase in programs funded by parcel taxes is $1.4 million for the Berkeley Schools Excellence Program (BSEP), $.4 million for the Berkeley Educator Recruitment and Retention Act (BERRA) and $.3 million for the Facilities Safety and Maintenance Act.

 

 

STAFF RECOMMENDATION: 
The Board receives this report as information.

 
Attachments:
Preliminary Summary Governor's Budget Proposal
14. Information Items
14.1. 2021-22 SSC Election, Diversity, & Activity Report
Attachments:
2021-22 SSC Election, Diversity & Activity Report
15. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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

16. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
17. Adjournment

Published: January 14, 2022, 7:42 PM

The resubmit was successful.