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Regular Board of Education Meeting
Beverly Hills USD
November 28, 2017 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,

I. OPEN SESSION-3:00 P.M.
II. AGENDA HEARING PERIOD-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: (3 Cases)
III.B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS a. Property: (605 Whittier Drive, Beverly Hills, CA, 8701 Charleville Blvd., Beverly Hills, CA, 624 North Rexford Drive, Beverly Hills, CA, 200 South Elm Drive, Beverly Hills, CA, 241 Moreno Drive, Beverly Hills, CA) b. Agency Negotiator: La Tanya Kirk-Carter c. Negotiating Parties: City of Beverly Hills d. Under Negotiation: Price, terms of payment, or both.
III.C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9): Karen Christiansen v. Beverly Hills Unified School District Case No. BC 420456 Claim of Strategic Concepts and Karen Christiansen
III.D. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9): Beverly Hills Unified School District v. Federal Transit Administration, et al., USDC Case No. CV 12-9861-GW(SS)
III.E. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9): Beverly Hills Unified School District v. Los Angeles County Metropolitan Transportation Authority (LASC Case No. BS 137606)
III.F. CONFERENCE WITH LABOR NEGOTIATORS: Agency Representative: Luke Pavone Employee Organizations: CSEA, BHEA-Certificated, BHEA-IA, BHEA-OTBS Unrepresented Employees
Rationale:


 
III.G. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
IV. OPEN SESSION-CALL TO ORDER-FLAG SALUTE-5:00 P.M.
V. SPOTLIGHT ON STUDENTS
V.A. Horace Mann School
VI. ACCOMMODATIONS AND RECOGNITION
VI.A. Recognition of Middle and High School Science and Engineering Fair Organizing Team and Student Winners
Rationale:
Science Fair Organizing Team: Nathan Kruger, Dr. Michele Kalt, Jenn Pederson, Nancy Hunt-Coffey, Tara Leigh, Tina Wiener, Susan Kimura & Maria Sanchez Winners: High School Overall 1st: Sienna Wolfe & Noah Pals Overall 2nd: Y-Thien Lam, Jule Wang & Connie (Yutzu) Chang Overall 3rd: Gagan Mannur Winners: Middle School Overall 1st: Anna Polin Overall 2nd: Leia Gluckman Overall 3rd: Colby Gilardian
 
Attachments:
Science and Engineering Fair 2017
VII. APPROVAL OF THE AGENDA
VIII. REPORT OF CLOSED SESSION ACTION
IX. AGENDA HEARING PERIOD-PUBLIC COMMENT
X. STAFF PRESENTATIONS
X.A. Educational Review
Attachments:
Educational Review: Education & Student Services
XI. CONSENT CALENDAR*
XI.A. Approval Board Meeting Minutes
Rationale:

 
XI.A.1. Regular Board Meeting-11-14-2017
Attachments:
Regular Board Meeting Minutes 11.14.17
XI.B. Personnel Reports
XI.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
XI.B.2. Classified Personnel Report - Revised
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 - Revised
XI.C. Approval-Professional Services Agreement - Eunjung Kim
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 Eunjung Kim to provide piano accompaniment for vocal music ensembles at Beverly Vista School and performances for all choral groups and elementary classes within and out of the school district. The agreement will be from 11/14/17-5/31/18 Funding Source: Visual and Performing Arts-$3,840.00 BV PTA-$2,160.00
 
Financial Impact:
Total invoice not to exceed $6,000.00
Attachments:
PSA Eunjung Kim 11.28.17
XI.D. Approval of Professional Services Agreement with Tech Ed Services, Inc.
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 Tech Ed Services, Inc.(TES) to render services for Assist with Universal Service Fund Application(s) (E-Rate) for funding Year 2018. Fee not-to-exceed $13,500.00 to be funded out of budgeted general fund dollars in the technology services budget.
 
Financial Impact:
Fee not-to-exceed $13,500.00 to be funded out of budgeted general fund from the technology services budget.
Attachments:
PSA - Tech Ed Services
XI.E. Approval of Service Agreement with STAR Education INC. to provide instructional program to students in the District's GATE program
Rationale:
As described in the proposal for the GATE program, BHUSD will contract with STAR Education to provide supplemental services for students enrolled in the GATE program.  These additional Wednesday morning classes supplement the first session of Wednesday morning classes and the spring afternoon classes.  These classes were selected to increase the variety of classes provided throughout this academic year. The fiscal impact will be $18,000 from the GATE budget.
 
Financial Impact:
The cost of this package of services will not exceed $18,000 from the GATE budget.
Attachments:
BHUSD GATE Star contract 2017-18
XI.F. Approval of Amendment to Professional Service Agreement - Janet Roston
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 amendment to the original agreement with Janet Roston dated April 25, 2017 to include the following amendments: 1. Funding Source for $1000 payment change from ASB/Advanced Dance to Beverly Arts. 2. Section 3.4(d)-Extra Work: Consultant shall perform extra work teaching choreography master classes. Additional compensation shall be billed as a flat fee of $500.00 upon completion of Extra Work (funding source remains ASB/Advanced Dance)
 
Attachments:
Amendment to Janet Roston PSA 11.28.17
Original executed PSA - Janet Roston
XI.G. Approval of Fiscal Crisis & Management Assistance Team Study Agreement
Rationale:
The Fiscal Crisis & Management Assistance Team (FCMAT) provides proactive and preventive fiscal, business and management review services that help local educational agencies comply with fiscal accountability standards and incorporate best practices. FCMAT has performed more than 1,000 reviews for K-12school districts, county offices of education, community colleges and charter schools. Cost NTE $39,200 and to be funded from the Special Education Department Budget.
 
Financial Impact:
Cost NTE $39,200 to be funded from the Special Education Department Budget.
Attachments:
FCMAT AGEEMENT
FCMAT BROCHURE
XI.H. Approval of Generation Ready Professional Learning Partnership: Academic Audits
Rationale:
This proposed audit will be driven by the available data, meetings with the district and school’s leadership teams as well as observations and meetings with students, teachers, and community members of the district. The audit will examine how the work in each school impacts the quality of the instructional core across classrooms to prepare students for the next level. The proposed Audit will provide an opportunity for a school community to reflect on its improvement planning processes and self-evaluate how well, and systematically, its educators make instructional decisions in service of student learning. The audit will take the most useful aspects from external data and a school’s self-review, together with information about the school’s context, to build an overall picture of the school. To achieve this, we propose that the audit consist of district and school meetings with 2 full days of on-site school visits with two consultants per school culminating in a comprehensive school and district report. The two onsite days would include leadership meetings, classroom walk-thru and focus group interviews to gather non-judgmental, observational data of student tasks and teacher experience. These days set the tone that all work must remain rooted in the Instructional Core, defined as the relationship between the student, teacher, and content. After completing the two days in the school the final written report will detail the results of the analysis including recommendations for a course of action and will be provided to both the schools and district. The total cost for this academic audit would be $74,000 to be funded out of the District General Fund.
 
Attachments:
Beverly Hills Audit agreement
Generation Ready Professional Learning Partnership: Academic Audits
XI.I. BHHS Out-of-County Trip: BHHS Varsity and Junior Varsity Basketball- Rancho Mirage Invitational Tournament; Palm Desert, CA; December 26-30, 2017
Rationale:
Mr. Mark Mead, Beverly Hills High School Principal has submitted the attached Out-of-County Activity request for Board approval:   - BHHS Varsity and Junior Varsity Basketball Program - December 26-30, 2017 / Palm Desert, CA
 
Attachments:
BHHS Varsity Basketball - December 2017
XI.J. BHHS Out-of-County Trip: BHHS Theatre CETA (CA Educational Theatre Association) Festival; Los Oso High School, Rancho Cucamonga, CA; January 12-14, 2018
Rationale:
Mr. Mark Mead, Beverly Hills High School Principal has submitted the attached Out-of-County Activity request for Board approval:   - BHHS Theatre - CETA (CA Educational Theatre Association) Festival - January 12-14, 2018 / Rancho Cucamonga, CA
 
Attachments:
BHHS Theatre - CETA Festival - January 2018
XI.K. 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 11.28.17
XI.L. Ratification of Purchase Order #10 2017/2018
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 from November 3, 2017 through November 17, 2017.  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 $35,001.35 for the General Fund, $1,544.95 for the Cafeteria Fund and $170,557.40 for the Bond Fund.
 
Attachments:
Board Report #10
Board Report Cover #10
XI.M. Cash Collection Report #10 for 2017-2018
Rationale:
The district has received cash and checks during the period of  November 13,2017 through November 21,2017 in the amount of $425,597.55. A detailed list has been included as part of this agenda item to reflect cash that 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 $425,597.55 during this period.
Attachments:
Cash Collect #10
XII. REPORTS
XII.A. Superintendent's Report
XII.B. Student Board Member Report
XIII. BUSINESS AND FINANCE
XIII.A. Approval of an Extension to the Joint Powers Agreement between the City of Beverly Hills and the Beverly Hills Unified School District to December 31, 2017
Rationale:
On June 30, 2017 the Board voted to extend the Joint Powers Agreement to August 31, 2017. On August 15, 2017 the Board voted to extend the Joint Powers Agreement to October 31, 2017. On October 23, 2017 the Board voted to extend the JPA to November 30, 2017.
 
XIII.B. Approval of Adopting Amendment No.2 Extending a 2012 Agreement and 2013 Supplemental Agreement Between the City of Beverly Hills and the Beverly Hills Unified School District for the Provision, Use and Maintenance of Educational, Recreational and Community Facilities
Rationale:
The Governing board Approved extensions to the JPA Agreement with the City of Beverly Hills as follows: June 30,2017 to extend to August 31, 2017 August 23, 2017 to extend to October 31, 2017 October 23, 2017 to extend to November 30, 2017 The attached agreement provided by the City of Beverly Hills includes provisions for extensions for one month to six months. Under the JPA agreement, 2 payments of $2.5 million should have been paid in early November and Late December. To date the District has not received payment for rentals & services provided under the JPA. To receive these payments, City staff have indicated this agreement, is the vehicle, for that to occur as submitted herein.
 
Attachments:
Amendment No. 2 BHUSD JPA
XIII.C. PRESENTATION OF BICKMORE'S ACTUARIAL VALUATION OF OTHER POST-RETIREMENT EMPLOYEE BENEFITS (OPEB) LIABILITIES
Rationale:
In 2004, the Government Accounting Standards Board issued Statement No. 45, Accounting and Financial Reporting by Employers for Post-Employment Benefits Other Than Pensions, which requires public agencies, including school districts and county offices of education, to report their costs and obligations for post-employment healthcare and other post-employment benefits. The philosophy behind the rule is that the costs of Other Post-Employment Benefits (OPEB) should be recognized as a current cost as the liability accrues during the employee's working years rather than after the employee retires. GASB 45 requires school districts and county offices to record their OPEB liabilities as an annual expense and disclose the entire unfunded liability in the notes to its financial statements. Each school district or county office will have to evaluate whether it has an OPEB liability and then complete an actuarial valuation to determine the amount of unfunded liability to disclose in its financial statements. Each affected school district or county office will have to address how best to manage its OPEB liability for the future. GASB 45 requires a note disclosure for measurement, recognition, display of expenses/benefit value for the district's financial statements to be updated bi-annually. The bi-annual valuation is presented to the Board of Education, and the Board will then decide whether to fund this liability at a pay-as-you-go level, a pre-payment level, or a combination of options. The District offers Other Post Employment Benefits (OPEB) through labor agreements to provide health benefits for retirees based on years of service and age. In addition, CalPERS requires that districts using their services for health care must make a monthly contribution for all retirees. In April 2017, the Board approved a contract with Bickmore for a required GASB 45 actuarial analysis of the liability represented by these benefits. Bickmore has completed its study and submitted its final report.
 
Attachments:
2017 Actuarial Report
XIII.D. AGREEMENT BY AND BETWEEN THE CITY OF BEVERLY HILLS AND THE BEVERLY HILLS UNIFIED SCHOOL DISTRICT CONCERNING ABANDONING AND PLUGGING OIL WELLS ON SCHOOL DISTRICT PROPERTY
Rationale:
In April, 2017 Venoco filed for Bankruptcy with the Delaware court, effectively, leaving the District responsible for the Oil well operations of it previous lease. The City of Beverly Hills , a municipal Corporation acknowledges that the District does not unencumbered reserves in excess of that required to fund its reasonable multi-year operating projections. In Consideration thereof the City agrees to assume and pay up to $8.0 million to monitor the Drill Site and plug and cap the oil wells, subject to partial reimbursement by the District as forth in Section 2 of the agreement.
 
Attachments:
City of Beverly Hills and BHUSD Oil Well Agreement
XIV. PLANNING AND FACILITIES
XIV.A. Approval to enter into an agreement with Vertical Access to design and relocate the existing bracing/shoring at Building B2 at Beverly Hills High School.
Rationale:
During the abatement and demolition of B1 and B2 at Beverly Hills high School, the floor diaphragm was removed due to the assembly contained asbestos. An exterior bracing/shoring system was install to address this issue. The work was design and performed by Vertical Access under the abatement and demolition contractor, American Integrated. At this time in order to all access for the current work scope, this bracing/shoring system needs to be redesigned and repositioned. The proposed fee for this work is a fixed-fee of $32,900.00
 
Financial Impact:
The cost of the work covered under this Agreement with Vertical Access of $32,900.00 would be paid for with previously budgeted funds in Measure E for the Beverly Hills High School modernization project.
Attachments:
Vertical Access Proposal
XIV.B. Approval of Rental Agreement with Annenberg Center for the Performing Arts Goldsmith Theater
Rationale:
In order to provide a venue for the Beverly Hills High School Dance Company show with the Peters Theater being unavailable due to construction, the rental of a local theater is required. The three performances are scheduled for January 16, 17, and 18, 2018 with pre-performance use of facility on January 14, 2018. The District has reached out to Annenberg Center for the Performing Arts to rent the Goldsmith Theater for these three evenings for an estimated fee of $12,352.00 plus a refundable “Security Deposit” of $10,000.00. The Peters Auditorium will be unavailable for at least 2017-18 and possibly longer. Future Board items will request authorization to provide a venue for the BHHS Dance Department as needed. Measure E funds will be utilized to pay for this rental because the Peters Auditorium is unavailable as a consequence of the construction of the Beverly Hills High School Modernization Project.
 
Financial Impact:
The cost of rental with Annenberg Center for the Performing Arts for the Goldsmith Theater, an estimated fee of $12,352.00 plus a refundable “Security Deposit” of $10,000.00, would be paid for with previously budgeted funds in Measure E for the Beverly Hills High School Modernization Project.
Attachments:
Exhibit A
Wallis Letter
XIV.C. Acceptance of the El Rodeo School Make Ready Project and authorization to file a Notice of Completion and release retention.
Rationale:
The Board of Education approved an Agreement on May 10, 2016, with Jamik Construction for the Make Ready Project at El Rodeo School. The work has been completed, and all punch-list items have been resolved.
 
Financial Impact:
Original Agreement - $422,529.00 Change Order No. 1 - $135,000.00 Total - $557,529.00 No additional costs will be incurred on the project.
XIV.D. Approval of Amendment No. 4 to the Agreement with Leighton Consulting, Inc. for additional testing and inspection services during the modernization of the Horace Mann School Building B.
Rationale:
On March 12, 2014, the Board of Education entered into an agreement with Leighton Consulting, Inc., to perform geotechnical and materials testing during construction of Horace Mann School Building B. Additional services to perform both shop and field welding inspection and final report for modifications to the handrails at Horace Mann Building B. Leighton Consulting Inc., has requested an additional not-to-exceed time and material fee of $12,080.00 to perform additional tasks.
 
Financial Impact:
03/12/2014 - Original agreement - $344,100.00 05/06/2015 - Amendment No. 1 - $310,300.00 08/12/2015 - Amendment No. 2 - $330,400.00 11/18/2015 – Amendment No. 3 - $160,000.00 Total - $1,144,800.00 Amendment No. 4 - $12,080.00 New agreement amount - $1,156,880.00 The cost of Amendment No. 4, $12,080.00, would be added to the Horace Mann School Building B Project and paid for with previously budgeted costs in Measure E.
XV. COMMUNICATION FROM THE BOARD MEMBERS
XVI. FUTURE BOARD MEETINGS
XVI.A. Organizational Board Meeting-Tuesday, December 5, 2017-5:00 PM-STC/Jon Cherney Lecture Hall, Beverly Hills High School
XVI.B. Regular Board Meeting-Tuesday, January 16, 2018-5:00 PM-STC/Jon Cherney Lecture Hall, Beverly Hills High School
XVII. ADJOURNMENT

Published: November 22, 2017, 1:42 PM

The resubmit was successful.