Loading...
HomeMy WebLinkAbout2019-01-29; City Council; ; Add additional School Resource Officer (SRO), authorize purchase of one police vehicle, and approve an MOU between the City of Carlsbad and CUSDCAReview {Iv{--- � CITY COUNCIL � Staff Report Meeting Date: To: From: Staff Contact: Subject: 1/29/19 Mayor and City Council Scott Chadwick, City Manager Cindy Anderson, Senior Management Analyst cindy.anderson@carlsbadca.gov or 760-931-2170 Add additional School Resource Officer (SRO), authorize purchase of one police vehicle, and approve an MOU between the City of Carlsbad and CUSD. Recommended Action Adopt a Resolution approving the addition of a sworn police officer for the position of a School Resource Officer (SRO), approve 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. Executive Summary The City of Carlsbad and CUSD have an ongoing partnership to ensure the safety of students and staff on CUSD school campuses. On August 21, 2018, City Council adopted a resolution to approve an MOU between the City of Carlsbad and CUSD for two SROs during the school year. One SRO was assigned to the Carlsbad High School for twelve months, and one SRO was assigned to Sage Creek High School for ten months. The MOU is effective from August 29, 2018 to August 29, 2019. On December 4, 2018, the Department of Justice announced that a grant in the amount of $345,443 was awarded to CUSD under the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016, for the purpose of employing an additional SRO at the three middle schools within CUSD, over the course of three years. CUSD will utilize this grant to reimburse the city for half the personnel cost of one SRO for ten months per fiscal year between 2019 through 2022, in addition to providing schools with education and equipment on tobacco use prevention. The starting date of the new SRO position will be January 30, 2019. The police department is requesting the approval of an additional sworn officer for the position of a SRO, including the cost of training, equipment, computer, ongoing costs, one police vehicle, and annual replacement funds for the police vehicle. The total cost for FY19 will be $142,489 and CUSD will reimburse the city a prorated amount of $32,818. There are sufficient funds in the Police Department's FY19 budget to cover $109,671 that the city is responsible for. Discussion The City of Carlsbad and CUSD have an ongoing partnership to ensure the safety of students and staff on CUSD school campuses. Campus security is enhanced by the presence of police Jan. 29, 2019 Item #5 Page 1 of 28 officers who interact with the students in a positive and proactive manner. Toward that end, the police department provided CUSD with one SRO every school year since at least 1995. The police department also has two additional "floater" SRO officers who provide services at other campuses throughout the city but are not specifically assigned to any schools. SRO duties include: responding to all law enforcement related matters as they occur during regular school hours while the officer is on or near the above-mentioned facilities, documenting all incidents and crimes and providing follow-up investigations as needed, attending sporting events and school activities, and attending parent conference and meetings as needed. SROs will also conduct criminal investigations as assigned by the supervisor of the Family Services Unit in ongoing criminal investigations that are related to the school campus, work with school staff in the matters of mutual concerns on and off campus, and 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. For the 2018-19 school year, the police department provided CUSD with two SROs, to include the summer program months at Carlsbad High School. One SRO was assigned to Carlsbad High School for twelve months, and one SRO was assigned to Sage Creek High School for ten months. CUSD pays for one-half the cost of one full-time police officer for twelve months at Carlsbad High School and one-half the cost of one full-time police officer for ten months at Sage Creek High School. The annual cost for one officer is $157,523, which includes salaries and benefits, and does not include equipment and maintenance. Carlsbad Unified School District's share for 2018-19 was $144,397 and the current MOU is effective for the 2018-19 school year, beginning on August 29, 2018 and ending on August 29, 2019. CUSD pays annually to the Finance Director of the City of Carlsbad through a reimbursement check at the end of the school year. On December 4, 2018, the Department of Justice announced that a grant in the amount of $345,443 was awarded to CUSD under the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016, for the purpose of employing an additional SRO at the three middle schools within CUSD, over the course of three years from 2019 through 2022. CUSD will utilize this grant to reimburse the city for half the personnel cost of one additional SRO for ten months per fiscal year between 2019 through 2022. In addition to the personnel cost of the SRO, the grant also covers the operating expenses of signage and vape detection devices for school bathrooms, training on tobacco and vaping, and other administrative costs. The SRO will also conduct education classes on the harms of tobacco and vape use to students, staff, and parents, and create an intervention and diversion program for students caught with tobacco and vape products. CUSD will measure the success of these goals and objectives by analyzing the number of students and parents receiving the educational program and number of discipline infractions assigned for tobacco or vape violations. The police department is requesting the approval of an additional sworn officer for the position of a SRO, effective January 30, 2019. At the end of the three-year grant period, CUSD can reapply for the grant and opt to continue the SRO program. If CUSD does not wish to continue Jan. 29, 2019 Item #5 Page 2 of 28 with the program with three SROs, the police department will reabsorb the police officer position into its patrol division, and CUSD will only be contracted for two SROs. Fiscal Analysis The cost for an additional sworn police officer at mid-step is $157,523 for salary and benefits, with a one-time cost for equipment, professional services, training, and computer software of $16,349 and an annual ongoing cost of $5,250. The cost of one fully outfitted police vehicle including tax is $60,505. Annual replacement is approximately $15,532 per year ($1,295 per month). For FY19, CUSD will reimburse the city $32,818 of these costs. There are sufficient funds in the Police Department's FY19 budget to pay the remaining $109,671. Description of Enhancement FY18-19 One-Time Cost Annual Ongoing Cost Salary & Benefits 65,635 157,523 (5 months remaining in FY19-20} Equipment 6,025 1,105 {Taser, Gun, Ammo, Uniforms) Professional Services 2,550 425 {Background, Polygraph, Psych) Training 2,060 350 {Recruit training, SRO school) Computer & Phone 4,779 3,105 Software Maintenance & License 935 265 Fully-Outfitted Police Vehicle 60,505 15,532 TOTAL 142,489 178,305 The police department budget currently includes $666,408 for the cost of the entire SRO Program. CUSD will reimburse the city for half of the personnel cost for the SR Os during the months the SROs are in use, which is twelve months at Carlsbad High School, ten months at Sage Creek High School, and ten months at the middle schools. CUSD's cost-sharing payment of $210,032 will be used to reimburse the General Fund and reduce the impact of the SRO Program to the city. For the remainder of FY18-19, the cost will be prorated to $177,215. At the end of the three-year grant period in FY22, if CUSD elects to not continue with three SR Os, CUSD's cost-sharing payment will be reduced to $144,397 for two SROs. FY2018-19 SRO Cost Allocation SRO COST ALLOCATION CARLSBAD SAGE CREEK MIDDLE TOTAL HIGH HIGH SCHOOLS* Annual Personnel Costs 157,523 157,523 157,523 472,569 Monthly Personnel Cost 13,127 13,127 13,127 39,381 School Year Cost 157,523 131,270 65,635 354,428 HALF SHARE COST TO SCHOOL 78,762 65,635 32,818 177,215 *Middle Schools prorated to five months (remainder of FY18-19 school year) Jan. 29, 2019 Item #5 Page 3 of 28 Next Steps The police department will hire an additional police officer and provide an additional SRO officer to CUSD. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore, does not require environmental review. Public Notification The item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing at least 72 hours prior to the scheduled meeting date. Exhibits 1.City Council Resolution 2.Letter from DOJ approving grant 3.CUSD's scope of work for the DOJ grant 4.Red-line Strikeout of MOU with CUSD Jan. 29, 2019 Item #5 Page 4 of 28 RESOLUTION 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 XAVIER BECERRA Attorney General December 4, 2018 Megan Arias, Director of Secondary Education Carlsbad Unified School District 6225 El Camino Real Carlsbad, CA, 92009 Re: Award Notification Dear Ms. Arias, Exhibit 2 State of California DEPARTMENT OF JUSTICE DIVISION OF LAW ENFORCEMENT PO BOX 161089 SACRAMENTO, CA 95816-1089 Telephone (916) 210-7418 Fax (916) 731-2100 E-Mail Address: Shannon.Patterson@doj.ca.gov Congratulations! Your grant application for funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 has been approved for funding in the amount of $345,443. Attached you will find a government agency taxpayer ID form. This will enable the Department of Justice to reimburse your agency in a timely manner. Please complete the form and e-mail it to TobaccoGrants(iv.doj.ca.gov. In the meantime, our team will begin working to send you a draft Memorandum of Understanding with further instruction. The Attorney General will announce the award recipients in a press release on Thursday, December 6th. If your agency would like to coordinate and provide two sentence quote, please contact, please contact Press Secretary Jennifer Molina at (213) 247-2803 or by e-mail at J ennifcr.Mo lina(ci),doi .ca. gov. If you have any questions about this process, please do not hesitate to contact me at (916)210-7418 or at TobaccoGrants(a)doj.ca.gov. Sincerely, ,j,' SHANNON PATTERSON Staff Services Manager II For XAVIER BECERRA Attorney General Jan. 29, 2019 Item #5 Page 13 of 28 Scope of Work Summary Agency Description Exhibit 3 Carlsbad Unified School District is located in North County San Diego in the the City of Carlsbad. Well-known nearby attractions that draw people to Carlsbad include Legoland and the beautiful Carlsbad beaches. Carlsbad Unified School District (CUSD) covers approximately 42 square miles and serves a Carlsbad population of over 110,000 people. CUSD is recognized as one of the highest achieving school districts in the county. Many of our schools have been identified as Distinguished Schools at the federal and state levels. CUSD has been the proud recipient of many distinguished awards including CA Gold Ribbon Schools, National Blue Ribbon Schools, CA Distinguished Schools, CA Exemplary Program, CA Teacher of the Year, and AP District Honor Roll Recipient. A major factor for families, as well as businesses planning to relocate to Carlsbad is this excellence in education that has earned our district schools and staff numerous awards and recognition. CUSD serves approximately 11,150 students, 21 % of which are designated as socioeconomically disadvantaged. Approximately 7 .5% of CUSD students are classified as English Learners and approximately 11 % receive Special Education services. Significant student subgroups include 28% of students identifying as Hispanic, with approximately 56% identifying as White. CUSD is made up of 9 elementary schools, 3 middle schools, 2 comprehensive high schools and a continuation high school and independent study high school. Our schools are also supported by dedicated teachers, classified and management employees. parent volunteers and leaders, an assortment of foundations and support groups, community organizations, industry partners, and Carlsbad Police and Fire Department all of whom contribute to our success with students. The district's mission for all students is, "We provide every student an extraordinary education in an inspiring environment." Combined vvith our core values of integrity, excellence, respect, and accountability for students and staff� we create positive learning environments where students and staff thrive. CUSD is also committed to preparing students for life beyond high school. The CUSD program includes the "CUSD Graduate Profile," adopted by our School Board in 2014-15. The Profile includes qualities and skills of CUSD Graduates that prepare them for success. These skills include being an effective communicator and collaborator, a lifelong learner, a critical thinker, a college and career ready scholar, an ethical and responsible citizen, and a self-directed individual. Carlsbad Unified is committed to preparing all students for life beyond high school. Funding Requested Carlsbad Unified School District is requesting a total amount of $345,443 to cover three years of expenses from 2018 through 2021. $322,943 covers personnel costs of hiring one school resource officer, operating expenses of $6,000 for signage and vape detection devices for school bathrooms, $1,500 to attend conferences on tobacco and vaping, and $15,000 for administrative indirect costs. This breaks down to $119,148 for 2018-19, $113,148 for 2019-20, and $113,148 for 2020-21. Jan. 29, 2019 Item #5 Page 14 of 28 Goals and Objectives The Carlsbad Unified School District will hire one school resource officer to conduct student, staff and parent education classes on the harms of tobacco and vape use, create an intervention and diversion program for students caught with tobacco and vape products, conduct tobacco enforcement operations where minors are likely to be present including local retailers, internet sources, and school based operations, and conduct community and tobacco retailer educational classes. Measurable Outcomes CUSD will measure success of the goals and objectives through the following methods to ensure success is achieved through the use of grant funds: 1.Increase the number of students and parents receiving prevention education classes on the harms of tobacco and vaping each school year so that every middle school student gets trained yearly 2.Reduce the number of students who respond to the CA Healthy Kids Survey that they have tried or regularly use tobacco or vaping products each year 3.Reduce the number of discipline infractions assigned for possession and/or use of tobacco/vaping devices on campus each year 4.Increase the number of tobacco enforcement operations where minors are likely to be present including local retailers, internet sources, and school based operations 5.Increase the number of community and tobacco retailer educational classes conducted Problem Statement Carlsbad Unified School District is experiencing a growing trend of middle and high school students exposed to tobacco products through the increased popularity of e-cigarettes and vaping devices. Middle and high school administrators have had to tackle on-going cases of students having possession of and/or using vaping devices on school campuses to consume vaporized nicotine products and/or marijuana. In speaking to students who used the devices to vape juices, many of them were not aware that the products contained nicotine and were not aware of the negative impacts nicotine had to their bodies. Much of this is due to the marketing strategies tobacco companies use to target youth. Each year, CUSD administers the California Healthy Kids Survey (CHKS) to all CUSD students in grades 7, 9 and 11. In the past we have seen a trend with iess and less students smoking regular cigarettes which we believe has been influenced by information available on the negative health effects of cigarettes and tobacco. Unfortunately, with the new release of e-cigarettes and vaping devices and the fact that many of them are marketing these devices to kids, we are seeing a grmvth in students using these new devices. In the 2017-18 CHKS survey results, 29% of 11th grade students, 15% of 9th grade students, and 2% of 7th grade students self reported in this anonymous survey that they have used an electronic cigarette. This compares to 14% of 11th grade students, 4% of 9th grade students, and 0% of 7th grade students who admitted to ever having smoked a regular cigarette. Even more concerning is that 14% of students admitted to using e-cigarettes/vapes at school compared to 5% who Jan. 29, 2019 Item #5 Page 15 of 28 have smoked a regular cigarette at school. Survey results also revealed that 23% of 11th graders and 10% of 9th graders admitted to using marijuana in a vaping device. Our suspension data from 2017-18 also revealed that 43 suspensions were given for being in possession and/or using vape devices for nicotine or marijuana on campus. This was 12% of the suspensions. It is important to note that being in possession of a nicotine device is not suspendable on the first offense by CA Education Code unless drugs are involved. So the suspension for possession or use of a nicotine product were for second offenders. Unfortunately, we have seen exponential growth in the number of suspensions for this 2018-19 school year. During this past month of September 2018 ( our first month of the school year), we have already had 10 out of 35 suspensions (29% of suspensions) which involved students using or being in possession of vaping devices on campus. 8 of the 10 suspensions were also in possession of marijuana to use with the devices. This is an alarming increase. In response to the possession and use of vaping devices, we have been working closely with local community organizations and the Carlsbad Police Department. Last year, we brought in Vista Community Clinic to give presentations to all 9th grade students on the dangers of vaping as well as hovv companies are targeting their marketing to students. We also hosted parent nights to share information about vaping trends, marketing, and updates on devices being used. We are fortunate to have a very positive and collaborative relationship with the Carlsbad Police Department. We currently have 3 dedicated School Resource Officers (SR Os) for schools located in city of Carlsbad which includes CUSD schools as well as schools outside of CUSD boundaries. Therefore, in addition to serving our 16 schools in CUSD, they also have other high schools in which to serve. The impact this has on CUSD is that School Resource Officers are not always available to do the amount of tobacco education, prevention, intervention and enforcement that is needed to combat this quickly growing trend of e-cigarettes and vaping devices. Carlsbad Police Department is unique in that is has a Juvenile Diversion program for teens in the city of Carlsbad that get arrested for certain first time offenses. If they are admitted to the program and finish it successfully, then the offense does not go on their record. We work with our SROs to use this program when students get caught using vaping devices with drugs. However, it does not apply to a student just getting caught with a vaping device or tobacco product. CA Education Code also does not allow schools to suspend a student for their first offense of being in possession of and/or using a vape device with tobacco. Therefore, we have to assign a lesser consequence which usually would be a 3 hour Saturday school with whatever teacher is available and willing to supervise the Saturday school. Hence, there is a lack of education to the student on the dangers of these devices and substances. Students do not understand the severity of their actions or the detriment that these devices can have on their health, therefore, most of them repeat the offense. If they are caught repeating, then they are suspended. But again, we lack the resources to continue the education about the harmful effects. Not only has CUSD seen an increase in vaping devices, but the Carlsbad Police Department has also seen an influx in marijuana use amongst juveniles. A contributing factor to this increase is the use of vape devices containing marijuana and concentrated THC. Patrol Officers and School Resource Jan. 29, 2019 Item #5 Page 16 of 28 Officers have also noted an increase in juveniles contacted with electronic vaping devices in their possession. For teens who were contacted by the Carlsbad Police Department in 2017, 10 out of the 30 cases for marijuana used vaping devices. So far in 2018, 16 out of 34 cases for marijuana have also used vaping devices. Recent changes in the law have affected enforcement for teens in possession of tobacco products. Prior to 2014, California Penal Code Section 308(b) P.C. read, "Every person under the age of 18 years who purchases, receives, or possesses any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, products prepared from tobacco, or any controlled substance shall, upon conviction, be punished by a fine of seventy-five dollars ($75) or 30 hours of community service work." That law has since changed and is no longer directed towards the consumers of those products, but the distributors. California Penal Code Section 308(b) P.C. now reads, "Every person, firm, or corporation that sells, or deals in tobacco or any preparation thereof, shall post conspicuously and keep so posted in his, her, or their place of business at each point of purchase the notice required pursuant to subdivision (b) of Section 22952 of the Business and Professions Code, and any person failing to do so shall, upon conviction, be punished by a fine of fifty dollars ($50) for the first offense, one hundred dollars ($100) for the second offense, two hundred fifty dollars ($250) for the third offense, and five hundred dollars ($500) for the fourth offense and each subsequent violation of this provision, or by imprisonment in a county jail not exceeding 30 days." Now that Police no longer have an enforcement tool to utilize for minors in possession of tobacco products, they are looking into education and prevention oppo11unities to help youth understand the harmful effects of tobacco products. CUSD in partnership with Carlsbad Police believe that a proactive approach towards educating the youth in this community can have a greater impact than enforcement. Project Description For the past two years, members of the Carlsbad Police Department and CUSD have engaged parents and families regarding the negative effects of tobacco use. During meetings with parents, school officials and the youth in our community, we have learned that education amongst the middle school aged youth would be the best strategy. Youth have expressed to school officials and law enforcement that for middle school aged kids, acguiring vape devices has become easier, use of vape devices has become a sign of popularity, and there is inherent curiosity about them. In addition. after we brought Vista Community Clinic in to educate 9th grade students on the harmful effects of vaping, many students shared that they knew cigarettes ,vere harmful, but had no idea that vaping was harmful. Students do not perceive vaping devices as having nicotine and many of them think they are vaping fruit flavored juices that are ha1111less. Several students stated that they were no longer going to vape after getting the information. Unfortunately, Vista Community Clinic does not have the capacity to meet the number of students that we need to educate on this issue. Jan. 29, 2019 Item #5 Page 17 of 28 Therefore, the goals and objectives of CUSD is to hire one school resource officer to conduct student, staff and parent education classes on the harms of tobacco and vape use, create an intervention and diversion program for students caught with tobacco and vape products, conduct tobacco enforcement operations where minors are likely to be present including local retailers, internet sources, and school based operations, and conduct community and tobacco retailer educational classes. The School Resource Officer (SRO) would have the following objectives: 1.) The SRO will provide and coordinate a tobacco prevention education program for the three Carlsbad Unified Middle Schools. This would include prevention programs for students, staff, parents, and local retailers on tobacco use and its harmful effects to minors. 2.) The SRO will provide an education and diversion program for middle and high school students who are caught in possession of and/or using tobacco/vaping products on campus. This diversion program would include tobacco education, intervention, awareness, and cessation. The program would be held by the SRO after school in lieu of a suspension from school. Once the student completes the program successfully, the SRO would continue to check in on students throughout the year and help to connect the students with resources and help the student become more involved in school. 3.) The SRO will provide Community and tobacco retailer educational classes each year 4.) The SRO will install vape detection devices in school bathrooms, provide tobacco education materials to schools and retailers, and post signs regarding tobacco regulations in public venues. 5.) The SRO will conduct tobacco enforcement operations where minors are likely to be present both on and off campus and over the internet. 6.) The SRO will meet with the CUSD District Safety Coordinator and Director of Secondary Education monthly to evaluate data including the number of discipline infractions involving tobacco and vaping, number of prevention assemblies and meetings held each month, number of students in the tobacco diversion after school program, and the number of prevention and education classes and workshops held each month. Project Personnel CUSD will hire one School Resource Officer (SRO) with the grant money to work for three years. The duties of the school resource officer will be to conduct student, staff and parent education classes on the harms of tobacco and vape use, create an intervention and diversion program for students caught with tobacco and vape products, conduct tobacco enforcement operations where minors are likely to be present, and conduct community and tobacco retailer educational classes. (See detailed objectives # 1-6 above). The new SRO would be hired by November 1, 2018. The CUSD Instructional Services department will oversee the grant. Budi:;et A detailed budget of the requested $345,443 is attached. Jan. 29, 2019 Item #5 Page 18 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 EXHIBIT 4 Jan. 29, 2019 Item #5 Page 19 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 20 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, a-A-a-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 oHwe three full-time sworn police officers for a total cost of $144,397 $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 August 29, 2018 January 29, 2018 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 21 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. Carlsbad Unified School District By: _____________ _ Title: ------------ Date: ___________ _ Approved as to form: Celia A. Brewer City Attorney By: ____________ _ Assistant City Attorney City of Carlsbad By: ____________ _ Matt Hall, Mayor Date: ------------ Attest: ------------ Barb a r a Engleson, City Clerk Jan. 29, 2019 Item #5 Page 22 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 year and include only personnel costs; equipment and maintenance costs are not included. ANNUAL POLICE OFFICER PERSONNEL EXPENSES COST PER OFFICER Salary Overtime (@7.5% of Salary) Holiday Pay (132 hours) Disability & Unemployment (0.565%) Retirement (42.78%) Life Insurance {0.072%) Medicare {1.45%) Health Care Uniform Allowance TOTAL PERSONNEL COSTS CARLSBAD SAGE CREEK MIDDLE +0+AbSRO COST ALLOCATION HIGH HIGH SCHOOLS* Annual Personnel Costs 157,523 157,523 157,523 3l§,Q4e Monthly Personnel Cost 13,127 13,127 13,127 26,2§4 NiRe MeRtR School Year Cost 157,523 131,270 65,635 2gg,7g3 HALF SHARE COST TO SCHOOL 78,762 65,635 32,818 :144,J97 *Middle school rate for FY19 is prorated for five months. FY19-21 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 23 of 28 Scope of Work Summary Agency Description Carlsbad Unified School District is located in North County San Diego in the the City of Carlsbad. Well-known nearby attractions that draw people to Carlsbad include Legoland and the beautiful Carlsbad beaches. Carlsbad Unified School District (CUSD) covers approximately 42 square miles and serves a Carlsbad population of over 110,000 people. CUSD is recognized as one of the highest achieving school districts in the county. Many of our schools have been identified as Distinguished Schools at the federal and state levels. CUSD has been the proud recipient of many distinguished awards including CA Gold Ribbon Schools, National Blue Ribbon Schools, CA Distinguished Schools, CA Exemplary Program, CA Teacher of the Year, and AP District Honor Roll Recipient. Amajor factor for families, as well as businesses planning to relocate to Carlsbad is this excellence in education that has earned our district schools and staff numerous awards and recognition. CUSD serves approximately 11, 150 students, 21 % of which are designated as socioeconomically disadvantaged. Approximately 7.5% of CUSD students are classified as English Learners and approximately 11 % receive Special Education services. Significant student subgroups include 28% of students identifying as Hispanic, with approximately 56% identifying as White. CUSD is made up of 9 elementary schools, 3 middle schools, 2 comprehensive high schools and a continuation high school and independent study high school. Our schools are also supported by dedicated teachers, classified and management employees, parent volunteers and leaders, an assortment of foundations and suppo1i groups, community organizations, industry partners, and Carlsbad Police and Fire Department all of whom contribute to our success with students. The district's mission for all students is, "We provide every student an extraordinary education in an inspiring environment." Combined with our core values of integrity, excellence, respect, and accountability for students and staff, we create positive learning environments where students and staff thrive. CUSD is also committed to preparing students for life beyond high school. The CUSD program includes the "CUSD Graduate Profile," adopted by our School Board in 2014-15. The Profile includes qualities and skills of CUSD Graduates that prepare them for success. These skills include being an effective communicator and collaborator, a lifelong learner, a critical thinker, a college and career ready scholar, an ethical and responsible citizen, and a self-directed individual. Carlsbad Unified is committed to preparing all students for life beyond high school. Funding Requested Carlsbad Unified School District is requesting a total amount of $345,443 to cover three years of expenses from 2018 through 2021. $322,943 covers personnel costs of hiring one school resource officer, operating expenses of $6,000 for signage and vape detection devices for school bathrooms, $1,500 to attend conferences on tobacco and vaping, and $15,000 for administrative indirect costs. This breaks down to $119,148 for 2018-19, $113,148 for 2019-20, and $113,148 for 2020-21. Jan. 29, 2019 Item #5 Page 24 of 28 Goals and O�jectives The Carlsbad Unified School District will hire one school resource officer to conduct student, staff and parent education classes on the harms of tobacco and vape use, create an intervention and diversion program for students caught with tobacco and vape products, conduct tobacco enforcement operations where minors are likely to be present including local retailers, internet sources, and school based operations, and conduct community and tobacco retailer educational classes. Measurable Outcomes CUSD will measure success of the goals and objectives through the following methods to ensure success is achieved through the use of grant funds: 1.Increase the number of students and parents receiving prevention education classes on the harms of tobacco and vaping each school year so that every middle school student gets trained yearly 2.Reduce the number of students who respond to the CA Healthy Kids Survey that they have tried or regularly use tobacco or vaping products each year 3.Reduce the number of discipline infractions assigned for possession and/or use of tobacco/vaping devices on campus each year 4.Increase the number of tobacco enforcement operations where minors are I ikely to be present including local retailers, internet sources, and school based operations 5.Increase the number of community and tobacco retailer educational classes conducted Problem Statement Carlsbad Unified School District is experiencing a growing trend of middle and high school students exposed to tobacco products through the increased popularity of e-cigarettes and vaping devices. Middle and high school administrators have had to tackle on-going cases of students having possession of and/or using vaping devices on school campuses to consume vaporized nicotine products and/or marijuana. In speaking to students who used the devices to vape juices, many of them were not aware that the products contained nicotine and were not aware of the negative impacts nicotine had to their bodies. Much of this is due to the marketing strategies tobacco companies use to target youth. Each year, CUSD administers the California Healthy Kids Survey (CHKS) to all CUSD students in grades 7, 9 and I I. In the past we have seen a trend with less and less students smoking regular cigarettes which we believe has been influenced by information available on the negative health effects of cigarettes and tobacco. Unfortunately, with the new release of e-cigarettes and vaping devices and the fact that many of them are marketing these devices to kids, we are seeing a growth in students using these new devices. In the 2017-18 CHKS survey results, 29% of 11th grade students, 15% of 9th grade students, and 2% of 7th grade students self reported in this anonymous survey that they have used an electronic cigarette. This compares to 14% of 11th grade students, 4% of 9th grade students, and 0% of 7th grade students who admitted to ever having smoked a regular cigarette. Even more concerning is that 14% of students admitted to using e-cigarettes/vapes at school compared to 5% who Jan. 29, 2019 Item #5 Page 25 of 28 have smoked a regular cigarette at school. Survey results also revealed that 23% of 11th graders and I 0% of 9th graders admitted to using marijuana in a vaping device. Our suspension data from 2017-18 also revealed that 43 suspensions were given for being in possession and/or using vape devices for nicotine or marijuana on campus. This was 12% of the suspensions. It is important to note that being in possession of a nicotine device is not suspendable on the first offense by CA Education Code unless drugs are involved. So the suspension for possession or use of a nicotine product were for second offenders. Unfortunately, we have seen exponential growth in the number of suspensions for this 2018-19 school year. During this past month of September 2018 ( our first month of the school year), we have already had 10 out of 35 suspensions (29% of suspensions) which involved students using or being in possession of vaping devices on campus. 8 of the IO suspensions were also in possession of marijuana to use with the devices. This is an alarming increase. In response to the possession and use of vaping devices, we have been working closely with local community organizations and the Carlsbad Police Department. Last year, we brought in Vista Community Clinic to give presentations to all 9th grade students on the dangers of vaping as well as how companies are targeting their marketing to students. We also hosted parent nights to share information about vaping trends, marketing, and updates on devices being used. We are fortunate to have a very positive and collaborative relationship with the Carlsbad Police Department. We currently have 3 dedicated School Resource Officers (SROs) for schools located in city of Carlsbad which includes CUSD schools as well as schools outside of CUSD boundaries. Therefore, in addition to serving our 16 schools in CUSD, they also have other high schools in which to serve. The impact this has on CUSD is that School Resource Officers are not always available to do the amount of tobacco education, prevention, intervention and enforcement that is needed to combat this quickly growing trend of e-cigarettes and vaping devices. Carlsbad Police Department is unique in that is has a Juvenile Diversion program for teens in the city of Carlsbad that get arrested for certain first time offenses. If they are admitted to the program and finish it successfully, then the offense does not go on their record. We work with our SROs to use this program when students get caught using vaping devices with drugs. However, it does not apply to a student just getting caught with a vaping device or tobacco product. CA Education Code also does not allow schools to suspend a student for their first offense of being in possession of and/or using a vape device with tobacco. Therefore, we have to assign a lesser consequence which usually would be a 3 hour Saturday school with whatever teacher is available and willing to supervise the Saturday school. Hence, there is a lack of education to the student on the dangers of these devices and substances. Students do not understand the severity of their actions or the detriment that these devices can have on their health, therefore, most of them repeat the offense. If they are caught repeating, then they are suspended. But again, we lack the resources to continue the education about the harmful effects. Not only has CUSD seen an increase in vaping devices, but the Carlsbad Police Department has also seen an influx in marijuana use amongst juveniles. A contributing factor to this increase is the use of vape devices containing marijuana and concentrated THC. Patrol Officers and School Resource Jan. 29, 2019 Item #5 Page 26 of 28 Officers have also noted an increase in juveniles contacted with electronic vaping devices in their possession. For teens who were contacted by the Carlsbad Police Department in 2017, 10 out of the 30 cases for marijuana used vaping devices. So far in 2018, 16 out of 34 cases for marijuana have also used vaping devices. Recent changes in the law have affected enforcement for teens in possession of tobacco products. Prior to 2014, California Penal Code Section 308(6) P.C. read, "Every person under the age of 18 years who purchases, receives, or possesses any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, products prepared from tobacco, or any controlled substance shall, upon conviction, be punished by a fine of seventy-five dollars ($75) or 30 hours of community service work." That law has since changed and is no longer directed towards the consumers of those products, but the distributors. California Penal Code Section 308(b) P.C. now reads, "Every person, firm, or corporation that sells, or deals in tobacco or any preparation thereof, shall post conspicuously and keep so posted in his, her, or their place of business at each point of purchase the notice required pursuant to subdivision (b) of Section 22952 of the Business and Professions Code, and any person failing to do so shall, upon conviction, be punished by a fine of fifty dollars ($50) for the first offense, one hundred dollars ($100) for the second offense, two hundred fifty dollars ($250) for the third offense, and five hundred dollars ($500) for the fourth offense and each subsequent violation of this provision, or by imprisonment in a county jail not exceeding 30 days." Now that Police no longer have an enforcement tool to utilize for minors in possession of tobacco products, they are looking into education and prevention opportunities to help youth understand the harmful effects of tobacco products. CUSD in partnership with Carlsbad Police believe that a proactive approach towards educating the youth in this community can have a greater impact than enforcement. Project Description For the past two years, members of the Carlsbad Police Department and CUSD have engaged parents and families regarding the negative effects of tobacco use. During meetings with parents, school officials and the youth in our community, we have learned that education amongst the middle school aged youth would be the best strategy. Youth have expressed to school officials and law enforcement that for middle school aged kids, acquiring vape devices has become easier, use of vape devices has become a sign of popularity, and there is inherent curiosity about them. In addition, after we brought Vista Community Clinic in to educate 9th grade students on the harmful effects of vaping, many students shared that they knew cigarettes were harmful, but had no idea that vaping was harmful. Students do not perceive vaping devices as having nicotine and many of them think they are vaping fruit flavored juices that are harmless. Several students stated that they were no longer going to vape after getting the information. Unfortunately, Vista Community Clinic does not have the capacity to meet the number of students that we need to educate on this issue. Jan. 29, 2019 Item #5 Page 27 of 28 Therefore, the goals and objectives of CUSD is to hire one school resource officer to conduct student, staff and parent education classes on the harms of tobacco and vape use, create an intervention and diversion program for students caught with tobacco and vape products, conduct tobacco enforcement operations where minors are likely to be present including local retailers, internet sources, and school based operations, and conduct community and tobacco retailer educational classes. The School Resource Officer (SRO) would have the following objectives: I.) The SRO will provide and coordinate a tobacco prevention education program for the three Carlsbad Unified Middle Schools. This would include prevention programs for students, staff, parents, and local retailers on tobacco use and its harmful effects to minors. 2.) The SRO will provide an education and diversion program for middle and high school students who are caught in possession of and/or using tobacco/vaping products on campus. This diversion program would include tobacco education, intervention, awareness, and cessation. The program would be held by the SRO after school in lieu of a suspension from school. Once the student completes the program successfully, the SRO would continue to check in on students throughout the year and help to connect the students with resources and help the student become more involved in school. 3.) The SRO will provide Community and tobacco retailer educational classes each year 4.) The SRO will install vape detection devices in school bathrooms, provide tobacco education materials to schools and retailers, and post signs regarding tobacco regulations in public venues. 5 .) The SRO will conduct tobacco enforcement operations where minors are likely to be present both on and off campus and over the internet. 6.) The SRO will meet with the CUSD District Safety Coordinator and Director of Secondary Education monthly to evaluate data including the number of discipline infractions involving tobacco and vaping, number of prevention assemblies and meetings held each month, number of students in the tobacco diversion after school program, and the number of prevention and education classes and workshops held each month. Project Personnel CUSD will hire one School Resource Officer (SRO) with the grant money to work for three years. The duties of the school resource officer will be to conduct student, staff and parent education classes on the harms of tobacco and vape use, create an intervention and diversion program for students caught with tobacco and vape products, conduct tobacco enforcement operations where minors are likely to be present, and conduct community and tobacco retailer educational classes. (See detailed objectives# 1-6 above). The new SRO would be hired by November 1, 2018. The CUSD Instructional Services department will oversee the grant. Bud�et A detailed budget of the requested $345,443 is attached. Jan. 29, 2019 Item #5 Page 28 of 28 Lieutenant Jason Jackowski January 29, 2019 School Resource Officer Grant Staff Recommendation •Add one School Resource Officer •Authorize purchase of one police vehicle •Approve MOU between City of Carlsbad and Carlsbad Unified School District (CUSD) School Resource Officers •Student and staff safety •Investigate crimes •Uniformed presence at sporting events and other school activities School Resource Officers •Point of contact for: –Truancy sweeps –Child Protective Services referrals –Critical response training –School safety plans •Participate in student and family counseling Current Program •1 officer at Carlsbad High School •1 officer Sage Creek High School •2 officers shared among –North County Academy –Middle schools –Elementary schools –Additional high school support as needed Recent Changes FY 2018-19 City Budget •1 officer for Carlsbad High School –Increased from FY 17-18 to 12 months to cover summer programs •1 officer for Sage Creek High School –10 months Tobacco/Vaping Trend •Increased use of e-cigarettes/ vaping –29% of district 11th graders have used electronic cigarettes California Healthy Kids Survey •Possession of tobacco products now legal –Shift to education from enforcement State Grant •California Healthcare, Research and Prevention Tax Act of 2016 •$2 tax increase on tobacco products •Grant funds for enforcement, prevention and education •District awarded $345,443 •3 year grant District Request of City •One additional school resource officer •Middle school enforcement •10 months •Tobacco/vaping prevention/education Grant Responsibilities •Law enforcement at middle schools •Middle school tobacco education programs •After school diversion program •Community and tobacco retailer education classes •Tobacco enforcement operations Additional Officer Cost 2018-2019 2019-2020 2020-2021 Salary & Benefits $65,635 $157,523 $157,523 CUSD Share Cost*-$32,818 -$65,635 -$65,635 City Cost Salary & Benefits $32,817 $91,888 $91,888 Equipment/Training** $16,349 $5,250 $5,250 Vehicle $60,505 $15,532 $15,532 TOTAL $109,672 $112,670 $112,670 *Prorated 5 months for 2018-19 and 10 months each for 2019-20 and 2020-21 **Equipment costs are initial start-up for 2018-19 and ongoing replacement 2019-21 •There are sufficient funds in the Police budget for 2018-19 to cover start-up costs, salary & benefits, and vehicle purchase Grant Conclusion •At grant conclusion the choices will be: –Reassess need –District could seek additional grant funding –Police Department could apply for grant –Officer absorbed into department staffing Staff Recommendation Adopt a resolution approving the addition of a sworn police officer for the position of School Resource Officer, approve the purchase of one police vehicle and approve a memorandum of understanding between the City of Carlsbad and Carlsbad Unified School District for the SRO Program for the 2018-2019 school year.