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HomeMy WebLinkAbout2026-07-28; City Council; Resolution 2026-159Exhibit 1 RESOLUTION NO. 2026-159 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2026- 27 SCHOOL YEAR WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the public’s best interest to approve the memorandum of understanding with the Carlsbad Unified School District for the School Resource Officer Program for the 2026-27 school year; and 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, for the 2026-27 school year, one school resource officer will be assigned to Carlsbad High School, one to Sage Creek High School, and another to cover the district’s three middle schools and nine elementary schools over the ten-month school year; and WHEREAS, the Carlsbad Unified School District has agreed to reimburse the city for half the costs of these assignments, which total $272,945. 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 this action is not a “project” as defined by the California Environmental Quality Act, or CEQA, 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 to local schools. 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. 3.That the City Manager or designee is authorized and directed to execute the Memorandum of Understanding for the School Resource Officer Program between the July 28, 2026 Item #1 Page 4 of 12 Docusign Envelope ID: 91757EAE-511C-862E-825A-A9B5C498D403 City of Carlsbad and the Carlsbad Unified School District for the 2026-27 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.Carlsbad Unified School District’s cost-sharing payment of $272,945 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 28th day of July, 2026, 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 28, 2026 Item #1 Page 5 of 12 Docusign Envelope ID: 91757EAE-511C-862E-825A-A9B5C498D403 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: 99747BA1-E82C-8218-80CA-4A076C765D7EDocusign Envelope ID: AF6E5C85-0F45-81D4-823B-B51260C495C1 Attachment A July 28, 2026 Item #1 Page 6 of 12 Docusign Envelope ID: 91757EAE-511C-862E-825A-A9B5C498D403 Memorandum of Understanding 2026-2027 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 Child Protective Services 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 2026-2027 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: 99747BA1-E82C-8218-80CA-4A076C765D7EDocusign Envelope ID: AF6E5C85-0F45-81D4-823B-B51260C495C1 July 28, 2026 Item #1 Page 7 of 12 Docusign Envelope ID: 91757EAE-511C-862E-825A-A9B5C498D403 Memorandum of Understanding 2026-2027 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 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: 99747BA1-E82C-8218-80CA-4A076C765D7EDocusign Envelope ID: AF6E5C85-0F45-81D4-823B-B51260C495C1 July 28, 2026 Item #1 Page 8 of 12 Docusign Envelope ID: 91757EAE-511C-862E-825A-A9B5C498D403 Memorandum of Understanding 2026-2027 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, (442)339-2100. 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 $272,945. 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 25, 2026, 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: 99747BA1-E82C-8218-80CA-4A076C765D7EDocusign Envelope ID: AF6E5C85-0F45-81D4-823B-B51260C495C1 July 28, 2026 Item #1 Page 9 of 12 Docusign Envelope ID: 91757EAE-511C-862E-825A-A9B5C498D403 Memorandum of Understanding 2026-2027 School Year Page 5 J. SICK/INJURY/EMERGENCY ABSENCES The City will provide general law enforcement services to Carlsbad High School, Sage Creek 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. K. CITY EMPLOYEES City employees who perform duties under this agreement are not, for any purposes whatsoever, employees of the School District. L. 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. M. 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: 99747BA1-E82C-8218-80CA-4A076C765D7EDocusign Envelope ID: AF6E5C85-0F45-81D4-823B-B51260C495C1 July 28, 2026 Item #1 Page 10 of 12 Docusign Envelope ID: 91757EAE-511C-862E-825A-A9B5C498D403 Memorandum of Understanding 2026-2027 School Year Page 6 N. 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: Robert Nye, Assistant Superintendent of Business Services Geoff Patnoe, City Manager Date: Date: Attest: City Clerk Approved as to form Cindie McMahon City Attorney By: Sr. Assistant City Attorney Docusign Envelope ID: 99747BA1-E82C-8218-80CA-4A076C765D7E 6/12/2026 | 2:12 PM PDT Docusign Envelope ID: AF6E5C85-0F45-81D4-823B-B51260C495C1 July 28, 2026 Item #1 Page 11 of 12 Docusign Envelope ID: 91757EAE-511C-862E-825A-A9B5C498D403 7/29/2026 Memorandum of Understanding 2026-2027 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 3) for one school 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 125,718 Education Pay Flat Rate 6,930 Longevity Pay 5% of Salary 6,286 Overtime 7.50% 9,429 Holiday Pay 132 hrs 7,978 Life Insurance 0.06% 78 AD&D 0.024% 31 Health Insurance Flat Rate 28,195 LTD 0.33% 415 STD 0.3462% 435 Medicare 1.450% 1,923 Unemployment 0.500% 663 Retirement (CalPERS) 19.79% 29,074 Uniform Allowance Flat Rate 1,200 TOTAL PERSONNEL COSTS 218,356 SRO COST ALLOCATION CARLSBAD HIGH SCHOOL SAGE CREEK HIGH SCHOOL MIDDLE & ELEMENTARY SCHOOLS TOTAL Annual Personnel Costs 218,356 218,356 218,356 655,067 Monthly Personnel Cost 18,196 18,196 18,196 54,589 School Year Cost 181,963 181,963 181,963 545,889 HALF SHARE COST TO SCHOOL 90,982 90,982 90,982 272,945 *amounts are rounded to the nearest dollar and are based on rounded salary including education pay, longevity pay, and holiday pay Docusign Envelope ID: 99747BA1-E82C-8218-80CA-4A076C765D7EDocusign Envelope ID: AF6E5C85-0F45-81D4-823B-B51260C495C1 July 28, 2026 Item #1 Page 12 of 12 Docusign Envelope ID: 91757EAE-511C-862E-825A-A9B5C498D403