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Regular Board of Education Meeting
Beverly Hills USD
September 13, 2016 5:00PM
CLOSED SESSION - Administrative Building 255 South Lasky Drive Beverly Hills, CA 90212 OPEN SESSION - STC/Jon Cherney Lecture Hall, Beverly Hills High School 241 Moreno Drive Beverly Hills, CA 90212

I. OPEN SESSION-3:00 P.M.
II. PUBLIC COMMENT
III. CLOSED SESSION-3:00 P.M.
III.a. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) & (d)(2) of Section 54956.9: (7 Cases)
III.b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subdivision) (d) (1) Beverly Hills Unified School District v Metropolitan Transportation Authority (LASC Case No. BS 137606)
III.c. CONFERENCE WITH LABOR NEGOTIATORS: Agency Representative: Yolanda Mendoza Employee Organizations: CSEA, BHEA-Certificated, BHEA-IA, BHEA-OTBS Unrepresented Employees
Rationale:


 
III.d. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
IV. OPEN SESSION-CALL TO ORDER-FLAG SALUTE-5:00 P.M.
V. APPROVAL OF THE AGENDA
VI. REPORT OF CLOSED SESSION ACTION
VII. AGENDA HEARING PERIOD/ADDRESSING THE BOARD
VIII. ACCOMMODATIONS AND RECOGNITION
VIII.a. Recognition-Laura Margo
IX. CONSENT CALENDAR*
IX.a. Approval Board Meeting Minutes
Rationale:

 
IX.a.1. Regular Board Meeting-08.23.2016
Attachments:
Regular Board Meeting Minutes 8.23.16
IX.b. Personnel Reports
IX.b.1. Certificated Personnel Report
Rationale:

Throughout the year there are changes to employee status due to many situations which include separations in employment, hiring of new staff, and changes in current status. It is the charge of the Human Resources Department to ensure the appropriate staffing of the schools. The individuals included on this report have completed all hiring processes and are ready to begin their employment with the Beverly Hills Unified School District should the Board approve their hiring.  All individuals are appropriately credentialed for the assignments for which they are being hired, and all positions are already included within the Board's approved budget, fall within restricted categorical funding categories, and/or are legally or contractually required positions.


 
Financial Impact:

The financial impact of the certificated personnel items have been reviewed by the Business Office to ensure that the items are within the scope of the adopted budget.

Attachments:
Certificated Personnel Report
IX.b.2. Classified Personnel Report
Rationale:

Throughout the year there are changes to employee status due to many situations which include separations in employment, hiring of new staff, and changes in current status. It is the charge of the Human Resources Department to ensure the appropriate staffing of the schools. The individuals included on this report have completed all hiring process and are ready to begin their employment with the Beverly Hills Unified School District should the Board approve their hiring.  All positions are already included within the Board's approved budget, fall within restricted categorical funding categories, and/or are legally or contractually required positions.


 
Financial Impact:

The financial impact of the classified personnel items have been reviewed by the Business Office to ensure that the items are within the scope of the adopted budget.

 

Attachments:
Classified Personnel Report
IX.c. Approval-Professional Services Agreement - David Lee
Rationale:
Over the course of the year, the District requires the services of consultants who provide a variety of services to the district under professional services agreements. At this time, the Board is asked to approve an agreement with David Lee to provide service to Beverly Hills High School as primary performance and accompanist for choral music activities; concerts, festival, retreats,  tours, classroom rehearsals.




 
Attachments:
Professional Services Agreement Between Beverly Hills USD and David Lee
IX.d. Approval-Professional Services Agreement - David Finnigan
Rationale:
Over the course of the year, the District requires the services of consultants who provide a variety of services to the district under professional services agreements. At this time, the Board is asked to approve an agreement with David Finnigan to provide service to Beverly Hills High School as speech and debate coach; hold weekly team practices and recruit new members and other special practices when necessary just prior to tournaments. 




 
Attachments:
Professional Services Agreement Between Beverly Hills USD and David Finnigan
IX.e. Approval of Professional Services Agreement-Dr. John Stephenson
Rationale:
For Independent Education Evaluations as need for the 2016-2017 School Year.
 
Financial Impact:
$10,000
Attachments:
PSA Dr. John Stephenson
IX.f. Approval of Services Agreement with Los Angeles County Office of Education to provide EL Professional Development Services to teachers and administrators
Rationale:

The purpose of this contract is to provide ongoing professional development for EL Coordinators and administrators using the trainer of trainers model.  These professional development experiences will give administrators and EL Coordinators the knowledge needed to provide professional development support to classroom teachers as they deliver high quality English Language services to our students who are learning English.


The fiscal impact for these professional development services is not expected to exceed $8,350.00 from the Title III budget.






 
Financial Impact:

The cost for this professional development is not to exceed $8,350 and will be funded by Title III-LEP funds.



Attachments:
LACOE - BHUSD contract 2016-17
IX.g. Approval of Beverly Vista School 2016-17 Out-of-County Activities for Middle School
Rationale:

Mr. Christian Fuhrer, Beverly Vista Principal has submitted the following Out-of-County Activity requests for Board approval for the 2016-2017 school year


7th Grade

October 26-28, 2016

Catalina Island, CA
Catalina Island Marine Institute
Experience run by Catalina Island Marine Institute (Guided Discoveries)
A school administrator or designee will attend this activity.


8th Grade

February 6 - 10, 2017

Yosemite National Park, Yosemite, CA
Experience run by Yosemite Institute
A school administrator or designee will attend this activity.



Funding for these trips will be through parent donations and supplemented by the Beverly Vista PTA if necessary.



 
IX.h. Approval of El Rodeo School 2016-17 Out-of-County Activities for Middle School
Rationale:

Mr. Kevin Allen, El Rodeo Principal has submitted the following Out-of-County Activity requests for Board approval for the 2016-2017 school year


7th Grade

March 14-17, 2017

El Capitan Canyon Resort
Experience run by WOLF Outdoor Education Leadership Foundation
A school administrator or designee will attend this activity.


8th Grade

May 15-19, 2017

Yosemite National Park, Yosemite, CA
Experience run by Yosemite Institute
A school administrator or designee will attend this activity.



Funding for these trips will be through parent donations and supplemented by the El Rodeo PTA if necessary.



 
IX.i. Approval of Hawthorne School 2016-17 Out-of-County Activities for Middle School
Rationale:

Ms. Michelle Dar, Hawthorne Principal has submitted the following Out-of-County Activity requests for Board approval for the 2015-2016 school year


7th Grade

March 27-29, 2017

Catalina Island, CA
Catalina Island Marine Institute
Experience run by Catalina Island Marine Institute (Guided Discoveries)
A school administrator or designee will attend this activity.


8th Grade 

January  9 - 13, 2017

Yosemite National Park, Yosemite, CA
Experience run by Yosemite Institute
A school administrator or designee will attend this activity.



Funding for these trips will be through parent donations and supplemented by the Hawthorne PTA if necessary.



 
IX.j. Approval of Horace Mann School 2016-17 Out-of-County Activities for Middle School
Rationale:

Ms. Dana Findley, Horace Mann Principal has submitted the following Out-of-County Activity requests for Board approval for the 2016-2017 school year


7th Grade

March 15-17, 2017

Catalina Island, CA
Catalina Island Marine Institute
Experience run by Catalina Island Marine Institute (Guided Discoveries)
A school administrator or designee will attend this activity.


8th Grade 

April 30 -  May 5, 2017

Yosemite National Park, Yosemite, CA
Experience run by Yosemite Institute
A school administrator or designee will attend this activity.



Funding for these trips will be through parent donations and supplemented by the Horace Mann PTA if necessary.





 
IX.k. BHHS Out-of-County Trip: Fall National High School Journalism Convention; November 10-13, 2016; Indianapolis, IN
Rationale:

Please see attached BHHS Out of County Request:  

BHHS Fall National High School Journalism Convention

November 10-13, 2016

Indianapolis, IN







 
Attachments:
BHHS Journalism convention trip request
IX.l. Approval/Acceptance of Donations Listed Pursuant to Board Policy 3290
Rationale:
Pursuant to Board Policy 3290, the Beverly Hills Unified School District has received donations/gifts which may be accepted by the Board of Education.  All gifts, grants, and bequests shall become the property of the Beverly Hills Unified School District once accepted. 
 
Attachments:
Donations List - 091316
IX.m. Ratification of Purchase Order #4 for 2016/2017
Rationale:
The Purchase Orders have been issued for supplies, services and equipment according to Board Policy, Education Code, and Public Contract code. The period that was covered for the purchase orders issued were  August 15, 2016 through August 31, 2016.  Each purchase order was reviewed for funding availability as well as quality and price. The purchase order total for the aggregate of these reports is $1,875,848.48 for General Fund and $1,087,154.59 for the Bond Fund.
 
Attachments:
Board Report Cover #4
Board Report #4
IX.n. Approval of Warrant Report #3 for 2016/2017
Rationale:

Pursuant to Education Code 42630 et al, the District has issued warrants for salary, benefits, voluntary deductions and payments for goods and services from approved purchase orders and/or contracts. Each warrant has been reviewed for proper documentation and is in accordance with Education Code, Public Contract Code, and Board Policy.

The warrant register for the month ending August 31, 2016 is $1,288,905.68 for payroll and $5,256,134.53 for commercial vendor/contractor payments for a total disbursement of $6,545,040.21.


 
Attachments:
WARRANT REGISTER REPORT #3
WARRANT REPORT #3
IX.o. Cash Collection Report #4 for 2016/2017
Rationale:
The district has received cash and checks during the period of August 16, 2016  through August 31, 2016 in the amount of $238,545.48. A detailed list has been included as part of this agenda item to reflect what cash has been collected by the district. Cash collected is available for board approved expenditures and is tracked by type and source.
 
Financial Impact:
The district collected $238,545.48 during this period.
Attachments:
Cash Collect #4
IX.p. Los Angeles County Office of Education Approval of 2016-17 LCAP and Budget
Rationale:

Submitted  to the Board of Education for information the Approval Letter from LACOE  of the 2016-17 LCAP and Budget for the Beverly Hills Unified School District.


 
Attachments:
LACOE approval letter of 2016-17 LCAP and Budget
IX.q. Ratification - Welcome Fest Performance Agreement - Beverly Hills High School Marching Band and the Wallis Annenberg Center for the Performing Arts
Rationale:
Ratification of Approval is requested to allow the engagement of the Beverly Hills High School Band to perform at the Wallis Annenberg Center for the Performing Arts Welcome Fest on September 10,2016.   The Band will receive and Honorarium donation of $590.00 that will be placed in the clubs Associated Student Body Account.
 
Attachments:
Wallis Agreement
X. REPORTS
X.a. Superintendent's Report
X.b. Student Board Member Report
XI. EDUCATIONAL SERVICES
XI.a. Presentation of Title I Program
Rationale:

The Board has requested a presentation on the district Title I program.  Information will be presented on funding and program development, including compliance requirements for targeted assistance programs.


 
Attachments:
Title I Presentation
Title I Proposed Budget
XI.b. Presentation of BHUSD Intervention Program
Rationale:

The Board has requested a presentation on the district intervention program.  Staff will present information on program development, including student selection, program model, progress monitoring, curriculum and accountability.

 
Attachments:
BHUSD Intervention Overview
XI.c. Presentation of BHUSD California Assessment of Student Performance and Progress (CAASPP) Results
Rationale:

State accountability results are reported out to the Board and community in September following release of state test score results.  Results and school plans will be presented in October, following the analysis of results by school staff and School Site Councils. School plans (Single Plan for Student Achievement) are presented to the Board for approval annually in November.


 
Attachments:
Accountability Update
XII. HUMAN RESOURCES
XII.a. Approval To Extend the Chief Administrative Officers Employment Agreement Through October 31, 2017Was edited within 0 hours of the Meeting
Attachments:
Amendment to La Tanya Kirk Carter Employment Contract
La Tanya Kirk Carter Original Contract
XII.b. Memorandum of Understanding 2015-2016, 2016-2017 of Contract Negotiations Between The Beverly Hills Education Association Office, Technical and Business Services Unit (OTBS) and The Beverly Hills Unified School District
Rationale:

All bargaining units health and welfare benefits were increased to $8,500.00 on July 1, 2016

 
Financial Impact:
                
Attachments:
Memorandum of Understanding Between Office, Business, Technical Services Unit and Beverly Hills USD
XII.c. Memorandum of Understanding 2015-2016, 2016-2017 of Contract Negotiations Between The Beverly Hills Education Association Instructional Assistant Unit (IA) and The Beverly Hills Unified School District
Rationale:

All bargaining units health and welfare benefits were increased to $8,500.00 on July 1, 2016

 
Financial Impact:
                
Attachments:
Memorandum of Understanding Between BHEA Instructional Assistant Unit and Beverly Hills USD
XII.d. Public Hearing/Approval of Tentative Agreement with The California School Employees Association (CSEA) and the Beverly Hills Unified School District.
Rationale:

 
 
Financial Impact:


Attachments:
CSEA Tentative Agreement
Tentative Agreement Between Beverly Hills USD and California School Employees Association Unit (CSEA Unit)
XII.e. Approval to Hire an Instructional Technology Teacher on Special Assignment (TOSA)
Rationale:

Administration respectfully requests approval to initiate the hiring process for an Instructional Technology Teacher on Special Assignment (TOSA) 

 
Financial Impact:

Appropriate Placement on Teacher Salary Schedule: $51,230-$97,884.

Attachments:
Instructional Technology Teacher on Special Assignment (TOSA)
XIII. BUSINESS AND FINANCE
XIII.a. Moss, Levy & Hartzheim, LLP - Proposal for Professional Auditing Services Pursuant to Proposition 39 Measure "E" School Facilities Program
Rationale:

Proposal for the annual independent financial audit of the District's Proposition 39 Measure "E" school facilities program for the fiscal year ending June 30, 2016 plus two optional renewal periods.

 


 
Attachments:
Measure E Audit - June 30, 2016
XIII.b. PUBLIC HEARING AND APPROVAL OF SALARY INCREASE FOR BHEA-CTA, BHEA-OTBS, BHEA-IA, CSEA, CONFIDENTIAL, MANAGEMENT AND UNREPRESENTED EMPLOYEE GROUPS
Rationale:

As part of the AB1200, it is required to have public hearing before approval by the Board of Education to disclose any increase in cost that occurs as a result of recommendation for salary increase.  Once the Board has held the public hearing and approved the salary increase, the district will forward Certification No.2 included in the attachment to the Los Angeles County Office of Education.

A salary formula was approved by the Board effective July 1, 2014 to provide enhancements to salaries for employees in these employee groups. The formula is based on a percentage applied to secured property tax revenue growth. The applied percentage for 2016-17 is 55 which results in a 4.194% salary increase in the 2016-17FY.

In addition to the salary increase, the District contribution for health and welfare benefits is also increased to $8,500 per participating eligible employee.

Attached is the Public Disclosure of the Proposed Collective Bargaining Agreement that was submitted to and reviewed by LACOE. Also attached is the letter from LACOE to show conclusion of the document review.

 
Attachments:
AB1200 Salary increase 4.194%
LACOE Approval of AB1200
XIII.c. Request for Proposals RFP – Municipal Leasing – School Site Technology
Rationale:

The Business Services Division, along with Education Services, the Technology Department, and several Principals have been working together to come to a solution to the problem as detailed below:

Several of the Beverly Hills Unified School District PTA organizations and single school donation accounts would like to take advantage of the very low interest rates associated with municipal leasing programs to acquire technology equipment for their students.   Examples include 1:1 I-Pads, Chromebooks, etc.      The PTA organizations or a single school cannot participate in this type of financing program, it has to be Beverly Hills Unified School District that is the Lessor (the debtor of the lease program).   An approximate rate for borrowing on a three year plan would be 1.45% for three years.     The PTA at El Rodeo School tried to move forward on its own, but was being quoted a rate of 30.8% for three years.    These programs also known as Certificates of Participation (COPs) typically have a $1.00 buyout at the conclusion of the lease and the District then owns the equipment. 

As a point of reference, the 220 N. Doheny Drive property was financed with a similar type of financing.

In an effort to help the PTA programs and private donors assist the schools with the technology equipment they would like to acquire, the District is requesting permission to do a Request for Proposal (RFP) and then bring a contract for approval to the board.   In essences the Business Office would be establishing an umbrella municipal leasing program.   The District e.g. the Board of Education would become the actual lease holder, but the PTA’s and/or private donors would commit the funds to make the payments to the program for the amount of funds they have chosen to borrow. 

Estimation Examples
Straight PurchaseCost per eaQty OrderTotal Annual PaymentTotal Annual PaymentTotal Annual PaymentTotal Sum Payments 3 year lease
Apple IPAD Air 2$ 500.00 100ea$ 50,000.00
Municipal Lease
Apple IPAD Air2$ 500.00 100ea$17,402.28 $ 17,402.28 $ 17,402.28 $52,206.84

The Business Office would continue to work closely with the Principals and the PTA’s while the financing is established. 


 
XIV. PLANNING AND FACILITIES
XIV.a. Clarification and Board Direction Concerning Proceeding with Design of Hawthorne Auditorium
Rationale:

At the Board Study Session on August 30, 2016, Mr. Ben Levin, the District’s Architect with DLR, presented Value Engineering (cost reduction) options for the Hawthorne Auditorium, before re-submitting the construction drawings to DSA.  The proposed change included reduction to the bathrooms design and omitting the elevator.

During the Study Session discussion the question came up whether Hawthorne School could possibly become a Middle School.  A study and report to the Board is being conducted by School Services and is due on October or sooner.  It was the understanding of Facilities and the Architect that the direction given was to wait for the design modifications until after the School Services Report is in.

A request was submitted by a Board Member to clarify the Board’s direction or possibly revisit it.

 
Financial Impact:

The financial impact for this project is accounted for in the approved Phase 1 budget for Hawthorn School and will be paid for from Measure E.

XIV.b. Approval of Contract for an Interim Security Fence at Beverly Hills High School
Rationale:

On June 14, 2016 the Board authorized staff to solicit bids for the installation of a temporary security fence to cover the gap along Moreno between the existing construction fencing that was installed as part of the current construction for the B1/B2 project and the Konheim Gym.  This fence is to remain in place until such time as the Modernization work at the High School is completed and a permanent security fence is approved and constructed.

Staff used the CUPPCCA bidding process for projects over $45,000 but under $175,000.  This required solicitation of all fencing contactors on the master CUPCCAA contractor list.  Requests for proposals were sent out to 10 contractors.  Three bids were received:

Harris Steel Fence Co.          $139,222

Quality Fence                           $143,998

SoCal Fence                              $161,889

The estimate for this work was $133,800.  The Budget for this work is $229,000.
 
Financial Impact:

The financial impact for this amendment is accounted for in the overall BHHS approved Phase 1 budget and will be paid for from Measure E.

Attachments:
BAI for Interim Security Fence Contract Approval Back Up
XIV.c. Approval of Unilateral Deductive Change Order No. 39 with ProWest Constructors
Rationale:

In July 2014 the Board approved an agreement with ProWest Constructors for the construction of the New Building B Classroom at Horace Mann School.  A Notice to Proceed was issued for July 24, 2014.  As part of the construction process changes will occur that require a change order to adjust the Contract amount.  This Agenda Item includes one change order for consideration.

Current Consideration Totum, the Construction Manager, has provided all the necessary back up for the costs involved with the following change order:

Change Order No. 039, Amount: [$165,245].

This change order includes one item:

Proposal Request No. PR-098 is a credit assessed the General Contractor for excessive overtime required for DSA required steel inspection performed by the District’s Testing and Inspection Laboratory.  The District is taking this credit because delays, caused by the steel fabricator, made it necessary for the District’s Inspectors to work multiple shifts and at multiple fabrication sites in order to meet the Contractor’s accelerated schedule.  Inspection fees were based on the Contractor's original schedule and did not anticipate excessive overtime or multiple fabrication sites.  The Contractor has been advised of the District’s position that this is a required credit.  The Contractor has elected to not concur with these findings.  Per Article 49.h of the General Conditions, this Change Order is being executed unilaterally, which leave the Contractor the option to challenge it as a claim.

The credit for this change is [$165,245.]


 
Financial Impact:
 These costs will be applied to the Horace Mann Building B Project Construction Contingency.  There have been 38 Change Orders to date that amount to $ 1,599,267.95.  Approval of this Change Order in the credit amount of [$165,425] will bring the total amount of change orders to $1,507,863.95 or 4.7% of the original contract amount. This will leave the remaining construction contingency of $804,189.05.

All costs are coming from Measure E funding.

Attachments:
HMS B Inspection OT Log
HMS B Letter Credit for Inspection OT
HMS CO 039 Credit for Inspection OT
HMS PR 98 Credit for Inspection OT RFP
PR 098 Credit for Inspection OT Jusitifaction & Negotiations Negotiations
PR 098 Credit for Inspection OT Justification & Negotiations Justification
XV. BOARD POLICIES
XV.a. Second Reading and Approval Board Policy 4362-Employee Relationships/Non-Fraternization Policy
Attachments:
BP 4362 Employee Relationships Non-Fraternization Policy
XVI. PROFESSIONAL AND OFFICIAL BUSINESS
XVI.a. Approval of new members to the Citizens' Oversight Committee
Rationale:

The Citizens Oversight Committee (COC), through Proposition 39, is charged with overseeing bond fund expenditures and ensuring they are used for their intended purpose. The District received five applications to fill the vacancies.  The Board conducted interviews before its closed session on Tuesday, August 23, 2016.  The Board will vote on the following applicants: Simone Gold, Arthel McDaniel, Yoav Tamir, Frank Tell and Benjamin Tiernan.

 
XVI.b. LACSTA & Health and Human Relations Commission
XVII. COMMUNICATION FROM THE BOARD MEMBERS
XVIII. FUTURE BOARD MEETINGS
XVIII.a. Study Session-Next Generation Science Standards (NGSS)-Tuesday, September 20, 2O16-3:30 PM-Administrative Office/Board Room, 255 South Lasky Drive, Beverly Hills, CA
XVIII.b. Regular Board Meeting-Tuesday, September 27, 2O16-5:00 PM-STC/Jon Cherney Lecture Hall, Beverly Hills High School
XVIII.c. Study Session-Technology-Wednesday, October 5, 2016 at 4PM - Administrative Office/Board Room - 255 South Lasky Drive, Beverly Hills, CA
XVIII.d. Regular Board Meeting-Tuesday, October 18, 2O16-5:00 PM-STC/Jon Cherney Lecture Hall, Beverly Hills High School
XIX. ADJOURNMENT

Published: September 9, 2016, 4:03 PM

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