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HomeMy WebLinkAbout2025-07-29; City Council; Resolution 2025-180Exhibit 1 RESOLUTION NO. 2025-180 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2025- 26 SCHOOL YEAR WHEREAS, the Police Department and the Carlsbad Unified School District maintain a strong, ongoing partnership focused on providing a safe and secure environment for all students and staff across district campuses; and WHEREAS, the Police Department has provided the Carlsbad Unified School District with a school resource officer every school year for over two decades; and WHEREAS, the City Council of the City of Carlsbad, California, desires to authorize the City Manager to approve the Memorandum of Understanding with the Carlsbad Unified School District for the School Resource Officer Program for the 2025-26 school year; and WHEREAS, for the 2025-26 school year, one school resource officer will be assigned to Carlsbad High School, one school resource officer will be assigned to Sage Creek High School, and one school resource officer will be the roving officer assigned to the three middle schools and nine elementary schools within the district during the ten months when students are on campus; and WHEREAS, Carlsbad Unified School District agrees to pay for one-half the costs of three full- time police officers during the months they are assigned to the schools, totaling $250,999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Council has determined the proposed action is not a “project” as defined by California Environmental Quality Act Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the execution of a memorandum of understanding to provide school resource officers. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. July 29, 2025 Item #1 Page 4 of 12 Docusign Envelope ID: 4182F611-2211-4B09-88DA-EB136D3E0995 3.That the City Manager, or designee, is authorized to execute the Memorandum of Understanding between the City of Carlsbad and the Carlsbad Unified School District for the School Resource Officer Program for the 2025-26 school year, attached hereto as Attachment A. 4.That the City Manager, or designee, is authorized to execute amendments to the Memorandum of Understanding for the School Resource Officer Program as needed to ensure continued compliance with state or local public health orders, or other federal, state, or local laws. 5.That the Carlsbad Unified School District’s cost-sharing payment of $250,999 will be used to reimburse the city’s General Fund. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 29th day of July, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) July 29, 2025 Item #1 Page 5 of 12 Docusign Envelope ID: 4182F611-2211-4B09-88DA-EB136D3E0995 MEMORANDUM OF UNDERSTANDING BETWEEN THE CARLSBAD UNIFIED SCHOOL DISTRICT AND THE CITY OF CARLSBAD The City of Carlsbad’s Police Department (“City”) and the Carlsbad Unified School District (“District”) desire to provide a safe and secure, teaching and learning environment for all students and staff within the City of Carlsbad by protecting life and property. Ensuring the safety of students and staff on school campuses in Carlsbad is a priority to the school administration and the police department. Campus security will be enhanced by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus, or School Resource Officers (“SROs”), will help improve relations between the police department and the youth of the community. Therefore, the District and the City have the following expectations and agree to undertake the listed responsibilities to achieve these mutual objectives: A.DISTRICT’S ROLE AND RESPONSIBILITY 1.To ensure student welfare portal-to-portal; 2.To develop procedures to handle campus safety issues; 3.To establish and follow procedures for referring police involvement; and 4.To cooperate with and support in a proactive manner the City of Carlsbad Police Department to ensure the success of programs involving students, school personnel, parents and the community. B.CITY’S ROLE AND RESPONSIBILITY 1.Provide enforcement/prevention/intervention by: a.Providing a uniformed police officer presence at Carlsbad High School, Sage Creek High School, the middle and elementary schools, Carlsbad Village Academy, and district offices located in the City of Carlsbad; b.Responding to all law enforcement related matters as they occur during regular school hours while the officer is on or near the above facilities and able to do so; c.Documenting all incidents of crime that occur at the above facilities as per department regulations, performing the necessary follow-up investigations as needed to identify perpetrators of crime, and performing any follow-up on cases as deemed necessary; Docusign Envelope ID: 1A6B3826-D44F-420F-8C32-BE458B3AC6A2 Attachment A July 29, 2025 Item #1 Page 6 of 12 Docusign Envelope ID: 4182F611-2211-4B09-88DA-EB136D3E0995 Memorandum of Understanding 2025-2026 School Year Page 2 d.Attending various sporting events and school activities, as needed for proactive enforcement and interaction; e.Attending parent conferences/meetings, as needed. 2.Conduct criminal investigations as assigned by the supervisor of the Family Services Unit and assist other law enforcement officers who are engaged in ongoing criminal investigations that bring them onto the school campus. 3.Work with school staff in matters of mutual concern, such as alcohol and drug use on campus; safety of students and staff on and off campus; gang-related violence and crime; campus intrusion; and loss and/or damage to property. 4.Provide liaison in the following areas: School Attendance Review Board; point of contact for CPS visits; truancy sweeps; home visitations; district-wide critical response plan training; school safety plans; and training of school campus supervisors and noon duty personnel. 5.Make every effort to use established best practices for de-escalation outlined in the Countywide Crisis Management Philosophy document (Policy 301) when interacting with any student in crisis. Additionally, SROs will be familiar with, and, when feasible, assist with the CUSD Site Emergency Procedures for Special Needs Students as appropriate. 6.When dealing with a student in crisis, specifically those students with special needs or other considerations, SROs should, if reasonable under the circumstances, work collaboratively with school staff to resolve the situation, while attempting to respect individual education plan expectations as advised by school personnel. C.TERM OF AGREEMENT This Memorandum of Understanding will remain in effect for the 2025-2026 public school fiscal year. Either party will have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this agreement. Docusign Envelope ID: 1A6B3826-D44F-420F-8C32-BE458B3AC6A2 July 29, 2025 Item #1 Page 7 of 12 Docusign Envelope ID: 4182F611-2211-4B09-88DA-EB136D3E0995 Memorandum of Understanding 2025-2026 School Year Page 3 D. RELEASING STUDENT INFORMATION The Parties shall fully comply with the Family Educational Rights and Privacy Act (FERPA) and all other applicable state and federal laws regarding confidentiality of student information. Information obtained by school staff may be shared with a law enforcement officer/agency or SRO if the information is not derived from school records. Information from school records may be shared under any one of the following circumstances: 1. “Directory Information” unless the parent/guardian has asked specifically that such information be kept confidential. 2. With consent of the parent/guardian 3. When the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals and disclosure is necessary to protect the health or safety of a student or other individuals. (34 C.F.R. § 99.36) E. SPAN OF CONTROL/JURISDICTION 1. One full-time police officer will be assigned to provide the School Resource Program at Carlsbad High School, Carlsbad Village Academy, and district offices located in the City of Carlsbad. 2. One full-time police officer will be assigned to provide the School Resource Program at Sage Creek High School and district offices located in the City of Carlsbad. 3. One full-time police officer will be assigned to provide the School Resource Program at Valley Middle School, Calavera Hills Middle School, Aviara Oaks Middle School, and the nine CUSD elementary schools. 4. Enforcement/prevention/education/training/proactive activities will take place at these facilities and at public meeting places within the community as they relate to the activities at these facilities. 5. In accordance with public health guidance, the City of Carlsbad Police Department will ensure its officers abide by all public health ordinances and requirements, including directives from the state regarding COVID protocols for K-12 settings. 6. The officer will remain under the direction and control of the City. Requests for work assignments from these facilities will be given to the Family Services sergeant of the Docusign Envelope ID: 1A6B3826-D44F-420F-8C32-BE458B3AC6A2 July 29, 2025 Item #1 Page 8 of 12 Docusign Envelope ID: 4182F611-2211-4B09-88DA-EB136D3E0995 Memorandum of Understanding 2025-2026 School Year Page 4 Carlsbad Police Department, who will thereafter assess the request and direct the school resource officer to respond appropriately. F.RESOURCE COORDINATION Resource and local management will be coordinated at: 1.Carlsbad Unified School District, 6225 El Camino Real, Carlsbad, California, 92009, (760) 331-5000. 2.City of Carlsbad Police Department, 2560 Orion Way, Carlsbad, California, 92010, (760) 931-2100. G.COST Cost sharing will be based upon the fully benefited salary of one-half of one full-time police officer for ten months of the school year for Carlsbad High School, one-half of one full-time police officer for ten months of the school year for Sage Creek High School, and one half of one full time police officer for ten months of the school year for Valley Middle School, Calavera Hills Middle School, and Aviara Oaks Middle School. The portion funded by the District will be prorated based upon the school year at a rate of one-half of the total salary of three full-time sworn police officers for a total cost of $250,999. See Exhibit A for details. H.EMERGENCY CAMPUS CLOSURES If either Carlsbad High School, Sage Creek High School, Valley Middle School, Calavera Hills Middle School, or Aviara Oaks Middle School have restricted on campus activities due to any federal, state or local emergency (e.g., COVID-19), the District may request that no SROs be provided while on-campus student learning is reduced or suspended. If the District requests that no SROs be provided while on campus, student learning is reduced or suspended due to a federal, state, or local emergency, the total cost to be funded by the District will be prorated to deduct for any months for which no SROs are requested. I.EFFECTIVE DATE This Memorandum of Understanding will be effective August 19, 2025, and the District will pay annually to the Finance Director of the City the agreed amount as outlined above. If the agreement is canceled as herein permitted, the City shall return to the district the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. Docusign Envelope ID: 1A6B3826-D44F-420F-8C32-BE458B3AC6A2 July 29, 2025 Item #1 Page 9 of 12 Docusign Envelope ID: 4182F611-2211-4B09-88DA-EB136D3E0995 Memorandum of Understanding 2025-2026 School Year Page 5 J.COVID-19: CERTIFICATION OF COMPLIANCE WITH PUBLIC HEALTH ORDER The Certification of Compliance: California Vaccine Verification for School Resources Officers in Schools is attached as Exhibit B and incorporated as if fully set forth herein. K.SICK/INJURY/EMERGENCY ABSENCES The City will provide general law enforcement services to Carlsbad High School, the middle and elementary schools, Carlsbad Village Academy, and the district offices via the patrol division whenever the regularly assigned SRO is temporarily unable to provide said services due to illness, injury or emergency leave, or when called away to perform other duties that preclude the officer’s presence at the school. In the event of such occurrence, calls for service will be handled based on need in relation to other demands for police services. L.CITY EMPLOYEES City employees who perform duties under this agreement are not, for any purposes whatsoever, employees of the School District. M.NO RIGHTS IN THIRD PARTIES This Memorandum of Understanding is not intended to benefit any third parties, create rights in favor of any third parties, or create a special relationship between any City employee and any other person. N.LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, the City and the District agree that each will assume the full liability imposed upon it for any of its officers, agents, or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost, or expense that may be imposed upon such other party by the virtue of Sections 895.2 and 895.6 of the Government Code. Docusign Envelope ID: 1A6B3826-D44F-420F-8C32-BE458B3AC6A2 July 29, 2025 Item #1 Page 10 of 12 Docusign Envelope ID: 4182F611-2211-4B09-88DA-EB136D3E0995 Memorandum of Understanding 2025-2026 School Year Page 6 O.AUTHORITY The individuals executing this MOU and the instruments referenced in it on behalf of the District and City each represent and warrant that they have the legal power, right and actual authority to bind the District to the terms and conditions of this MOU. Carlsbad Unified School District City of Carlsbad By: By: Title: Geoff Patnoe, City Manager Date: Date: Attest: City Clerk Approved as to form Cindie McMahon City Attorney By: Sr. Assistant City Attorney Director of Purchasing 7/11/25 Docusign Envelope ID: 1A6B3826-D44F-420F-8C32-BE458B3AC6A2 July 29, 2025 Item #1 Page 11 of 12 Docusign Envelope ID: 4182F611-2211-4B09-88DA-EB136D3E0995 July 30, 2025 Memorandum of Understanding 2025-2026 School Year Page 7 EXHIBIT A Carlsbad Police Department SCHOOL RESOURCE OFFICER PROGRAM Cost-Sharing Breakdown Costs are for one mid-step police officer (Step C) for one year and include only personnel costs; equipment and maintenance costs are not included. ANNUAL POLICE OFFICER PERSONNEL EXPENSES RATE COST PER OFFICER Salary Mid-Range 120,3041 Education Pay Flat Rate 6,632 Overtime 7.500% 9,0230 Holiday Pay 132 hrs 7,635 Life Insurance 0.05% 60 AD&D 0.025% 30 Health Insurance Flat Rate 24,672 LTD 0.445% 535 STD 0.459% 552 Medicare 1.450% 1832 Unemployment 0.500% 632 Retirement (CalPERS) 20.490% 27,693 Uniform Allowance Flat Rate 1,200 TOTAL PERSONNEL COSTS 200,799 SRO COST ALLOCATION CARLSBAD HIGH SAGE CREEK HIGH MIDDLE SCHOOLS TOTAL Annual Personnel Costs 200,799 200,799 200,799 602,398 Monthly Personnel Cost 16,733 16,733 16,733 50,200 School Year Cost 167,333 167,333 167,333 501,998 HALF SHARE COST TO SCHOOL 83,666 83,666 83,666 250,999 *amounts are rounded to the nearest dollar and are based on rounded salary including education pay, uniform allowance, and holiday pay Docusign Envelope ID: 1A6B3826-D44F-420F-8C32-BE458B3AC6A2 July 29, 2025 Item #1 Page 12 of 12 Docusign Envelope ID: 4182F611-2211-4B09-88DA-EB136D3E0995