Loading...
HomeMy WebLinkAbout2019-01-29; City Council; Resolution 2019-011RESOLUTION NO. 2019-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPT A RESOLUTION APPROVING THE ADDITION OF A SWORN POLICE OFFICER FOR THE POSITION OF A SCHOOL RESOURCE OFFICER (SRO), AUTHORIZE THE PURCHASE OF ONE POLICE VEHICLE, AND APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT (CUSD) FOR THE SRO PROGRAM FOR THE 2018-19 SCHOOL YEAR. Exhibit 1 WHEREAS, the City of Carlsbad Police Department and the Carlsbad Unified School District (CUSD) have an ongoing partnership to ensure the safety of students and staff on CUSD school campuses and the Police Department has provided the CUSD with a School Resource Officer (SRO) every school year since at least 1995; and WHEREAS, on December 4, 2018, CUSD was awarded $345,443 by the Department of Justice for the purpose of employing an additional SRO at the three middle schools within CUSD for three years; and WHEREAS, CUSD will utilize the grant to reimburse the city for one-half of the personnel costs of a SRO from FY 2019 through 2022; and WHEREAS, the police department is requesting the addition of one police officer position, including the cost of salary, benefits, training, equipment, professional services, computer software, and the purchase of one police vehicle; and WHEREAS, for the 2018-19 school year, one SRO will be assigned to Carlsbad High School for twelve months, one SRO will be assigned to Sage Creek High School for ten months, and one SRO will be assigned to three middles schools for ten months; and WHEREAS, CUSD agrees to pay for one-half the cost of three full-time police officers during the months they are assigned to the schools; and Jan. 29, 2019 Item #5 Page 5 of 28 WHEREAS, for FY19 the total cost for the SRO will be $142,489. Of that amount, CUSD will reimburse the city $32,818. WHEREAS, there are sufficient funds in the police department's budget for the remaining $109,671; and WHEREAS, at the end of the three-year grant period, if CUSD elects to not continue with three SROs, the additional police officer position will be absorbed into the police patrol division. 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 police department will hire an additional police officer for the SRO position. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the Memorandum of Understanding for the School Resource Officer Program between the City of Carlsbad and the Carlsbad Unified School District for the 2018-19 school year attached hereto as Attachment A. 4. Carlsbad Unified School District's cost-sharing payment of $177,215 for FY18-19 will be used to reimburse the General Fund and reduce the impact of the SRO Program to the city. Jan. 29, 2019 Item #5 Page 6 of 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 29th day of January 2019, by the following vote, to wit: AYES: M. Hall, K. Blackburn, P. Bhat-Patel, C. Schumacher, B. Hamilton. NOES: None. ABSENT: None. MATT HALL, Mayor ~t-0-rzmL ~RBARA ENGLESON, City Clerk (SEAL) Jan. 29, 2019 Item #5 Page 7 of 28 MEMORANDUM OF UNDERSTANDING BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD The City of Carlsbad Police Department and the Carlsbad Unified School 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 that will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the police department and the youth of the community. Therefore, the Carlsbad Unified School District and the City of Carlsbad have the following expectations and agree to undertake the listed responsibilities to achieve these mutual objectives: A. SCHOOL 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. SCHOOL RESOURCE OFFICER'S ROLE AND RESPONSIBILITY 1. To provide enforcement/prevention/intervention by: • 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; • 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; • Documenting all incidents of crime that occur at the above facilities as per department regulations, performing the necessary follow-up investigations as Jan. 29, 2019 Item #5 Page 8 of 28 Memorandum of Understanding 2018-2019 School Year Page -2 - needed to identify perpetrators of crime, and performing any follow-up on cases as deemed necessary; • Attending various sporting events and school activities as needed for proactive enforcement and interaction; • Attending parent conferences/meetings as needed. 2. To conduct criminal investigations as assigned by the supervisor of the Family Services Unit and to assist other law enforcement officers who are engaged in ongoing criminal investigations that bring them onto the school campus. 3. To work with school staff in the 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. To 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. C. TERM OF AGREEMENT This Memorandum of Understanding will remain in effect for the 2018-2019 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. D. SPAN OF CONTROL/JURISDICTION 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. 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. One full-time police officer will be assigned to provide the School Resource Program at Valley Middle School, Calavera Hills Middle School, and Aviara Oaks Middle School. Jan. 29, 2019 Item #5 Page 9 of 28 Memorandum of Understanding 2018-2019 School Year Page-3- 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. The officer will remain under the direction and control of the City of Carlsbad Police Department. Requests for work assignments from these facilities will be given to the Family Services sergeant of the Carlsbad Police Department, who will thereafter assess the request and direct the school resource officer to respond appropriately. E. RESOURCE Resource and local management will be coordinated at: Carlsbad Unified School District, 6225 El Camino Real, Carlsbad, California, 92009, {760) 331-5000. City of Carlsbad Police Department, 2560 Orion Way, Carlsbad, California, 92010, {760) 931- 2100. F. COST Cost sharing will be based upon the services of one-half of one full-time police officer for twelve 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 $210,032. For FY19, the middle school rate is also prorated for five months. See Exhibit A for details. This Memorandum of Understanding will be effective January 29, 2019 and the Carlsbad Unified School District will pay annually to the Finance Director of the City of Carlsbad 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. G. SICK/INJURY /EMERGENCY ABSENCES The City of Carlsbad Police Department 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 school resource officer is temporarily unable to provide said services due to illness, injury or emergency Jan. 29, 2019 Item #5 Page 10 of 28 Memorandum of Understanding 2018-2019 School Year Page 4 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. H. CITY EMPLOYEES City employees who perform duties under this agreement are not, for any purposes whatsoever, employees of the School District. I. NO RIGHTS IN THIRD PARTIES This Memorandum is not intended to benefit any third parties, create rights in favor of any third parties, or create a special relationship between any City of Carlsbad employee and any other person. J. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, the City of Carlsbad and Carlsbad Unified School 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. Approved as to form: Celia A. Brewer City Attorney B£0v--L--'~~ 't1Lat City Attorney City of Carlsb•~a By: ~{,j Matt Hall, Mayor Date: /-r:31-l°t ------------ Jan. 29, 2019 Item #5 Page 11 of 28 Memorandum of Understanding 2018-2019 School Year Page -5 - EXHIBIT A Carlsbad Police Department SCHOOL RESOURCE OFFICER PROGRAM 2018-2019 Cost-Sharing Breakdown Costs are for one mid-step police officer (Step C) for one yea r and include only personnel costs; equipment and maint enance costs are not included. ANNUAL POLICE OFFICER PERSONNEL EXPENSES COST PER OFFICER Sa lary Overtime (@7.5% of Salary) Holiday Pay (132 hours) Disability & Unemployment (0.565%) Retirement (42. 78%) Life Insurance (0.072%) M edica re (1.45%) Hea lth Care Uniform Allowance TOTAL PERSONNEL COSTS CARLSBAD SAGE CREEK MIDDLE SRO COST ALLOCATION HIGH HIGH SCHOOLS Annual Personnel Cost s 157,523 157,523 157,523 Monthly Personnel Cost 13,127 13,127 13,127 Schoo l Yea r Cost 157,523 131,270 65,635 HALF SHARE COST TO SCHOOL 78,762 65,635 32,818 *Middle school rate for FY19 is prorated for five months. FY20-22 will be charged for ten months. 84,578 6,343 5,367 501 39,686 61 1,362 18,925 700 $157,523 TOTAL 472,569 39,381 354,428 177,215 Jan. 29, 2019 Item #5 Page 12 of 28