HomeMy WebLinkAbout08 - CC-9 - Acceptance and Allocation of the 2018 Ed - 12/17/2019Attachment 2
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CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 17, 2019 ITEM NUMBER: CC-9
SUBJECT: ACCEPTANCE AND ALLOCATION OF THE 2018 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) FUNDS
DATE: DECEMBER 3, 2019
FROM: POLICE DEPARTMENT
PRESENTATION
BY:
VICTOR BAKKILA, LIEUTENANT
FOR FURTHER INFORMATION
CONTACT:
VICTOR BAKKILA 714.754.4812
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the proposed resolution (Attachment 1) authorizing acceptance of the 2018
Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds and
authorizing the City Manager, or designee, to execute the Memorandum of
Understanding (MOU) with Orange County and participating Orange County cities
for the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG).
2. Approve a budget adjustment recognizing $25,030.80 in JAG funding and
appropriating $25,030.80 to the Police Department budget for the specified purpose.
BACKGROUND:
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a major source
of federal criminal justice funding to states and local governments. The JAG Program
provides states and local governments with funding needed to support criminal justice
related activities, such as law enforcement programs, prosecution and court programs,
prevention and education programs, corrections and community corrections programs,
drug treatment and enforcement programs, planning, evaluation, and technology
improvement programs, crime victim and witness programs, and mental health programs.
A local JAG award is typically required to be shared by the county and one or more
jurisdictions identified by the U.S. Department of Justice (DOJ) as “disparate” within the
current Fiscal Year eligibility list.
The County of Orange (“County”) serves as the lead fiscal agent for Orange County, and
submits a single application representing the interests of itself and nine other units of local
government that are eligible to receive a funding allocation, including Costa Mesa. As the
lead fiscal agent, the County is also responsible for administration of funds allocated and
ensuring compliance with JAG Program requirements. Each year, prior to submitting the
application to the DOJ, the County reaches out to the eligible local law enforcement
agencies to solicit projects.
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The City of Costa Mesa has participated in the JAG Program (formerly the Local Law
Enforcement Block Grant, LLEBG) since 1996. The funds have enabled the Police
Department to acquire needed equipment and technology in support of organizational
initiatives.
ANALYSIS:
The County of Orange was awarded $410,195 for the 2018 JAG, which is allocated across
eligible Orange County agencies. Each agency’s funding allocation is based on the level
of Part 1 violent crimes reported to the Federal Bureau of Investigation (FBI) over a 3-
year period. The City of Costa Mesa’s 2018 JAG allocation is $27,812; however, the
County retains a 10% administrative fee of $2,781.20, and the City’s remaining allocation
is $25,030.80. There are no City matching requirements for acceptance of this grant. The
grant period for the FY 2018 award is October 1, 2017 through September 30, 2021.
Per the JAG Program requirements, JAG funds may be used to provide additional
personnel, equipment, supplies, contractual support, training, technical assistance, and
information systems for criminal justice. The Department is proposing to use the allocated
funding on an Electronic Citation (E-Citation) System upgrade.
E-Citation System Upgrade: The Department intends to continue the incorporation of
handheld electronic “e-citation” devices that will eventually eliminate the traditional hard-
copy, paper traffic citations that are sent to court. Handheld e-citation devices will enable
field personnel to complete traffic citations more efficiently and accurately, while meeting
all data collection and reporting requirements. The e-citation devices will send electronic
traffic citations directly to a computer server at the Orange County Superior Court. The
purchase of these new e-citation devices will help the Department align with a long-term
Countywide initiative to move all traffic citations to an electronic platform.
In order to receive its allocation, the City is required to execute a Memorandum of
Understanding (MOU) with the County and other participating Orange County cities. The
proposed resolution provides for acceptance of the FY 2018 JAG funding allocation and
authorization for the City Manager or designee to execute the MOU, including all
documents and certifications required in connection with the MOU.
As a condition of subawarding JAG Program funds to a unit of local government, the 2018
JAG Program requires the recipient, which here is the County, to obtain a “Certification
of Compliance with 8 U.S.C. §§ 1373 and 1644” executed by the Chief Legal Officer of
the local government subrecipient prior to subawarding any funds. By signing the
certification, the Chief Legal Officer of the local governmental entity would be certifying
that the local government entity and its officials do not have in effect any prohibition or
restriction that is applicable to the activity to be funded and that deals with the following:
(1) sending to, or receiving from, Immigration and Customs Enforcement information
regarding the citizenship or immigration status of any individual; (2) maintaining such
information; or (3) exchanging such information with any other federal, state or local
government entity.
Special Conditions 41 through 43 and 45 through 47 of the Grant Award to the County
similarly require subrecipients to execute the Certification of Compliance with 8 U.S.C. §§
1373 and 1644 and ongoing compliance with 8 U.S.C. §§ 1373 and 1644. The concern
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with the certification and compliance with 8 U.S.C. §§ 1373 and 1644 is that such
compliance may be in conflict with California law.1
Due to pending litigation regarding the DOJ’s authority to require compliance with such
conditions, the DOJ issued a Special Notice indicating that, at this time, it will not use or
enforce those conditions in FY 2018 JAG awards to California or its political subdivisions.
If the posture of the litigation changes or the litigation is resolved in a manner that would
permit DOJ to use or enforce these conditions, the DOJ indicated that it will provide
specific, written notice of its intent to use or enforce the conditions following such notice.
The Special Notice further indicated that, during the period in which the conditions are not
used or enforced, the Certification of Compliance with 8 U.S.C. §§ 1373 and 1644 will not
be required of California or its political subdivisions.
Accordingly, the City will not be required to certify compliance with 8 U.S.C. §§ 1373 and
1644 at this time. However, if the City receives notice that the DOJ intends to use or
enforce Special Conditions 41 through 43 and 45 through 47 during the grant period and
further action is required by the City, staff will return to the City Council for direction.
ALTERNATIVES CONSIDERED:
The alternative consideration is not to accept the grant. However, the Department does
not recommend this alternative because alternative funding sources, such as the City’s
General Fund, would need to be used to purchase the additional e-citation devices
needed to comply with the Countywide initiative of moving all traffic citations to an
electronic platform.
FISCAL REVIEW:
Upon acceptance of the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG), staff
is requesting authorization of a budget adjustment recognizing the JAG funds of $25,030.80
and appropriating $25,030.80 in the Police Department budget for the specified purpose.
LEGAL REVIEW:
The City Attorney’s Office reviewed this report and the MOU and approved them as to
form.
CITY COUNCIL GOALS & PRIORITIES:
This item supports City Council Goal 1, Keep our Community Safe.
CONCLUSION:
Based upon the criteria outlined in the Edward Byrne Memorial Justice Assistance Grant,
staff recommends that the City Council:
1. Approve the proposed resolution (Attachment 1) authorizing acceptance of the 2018
Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds and
authorizing the City Manager, or designee, to execute the Memorandum of
1 See Senate Bill 54 (De Leon, 2018) (California Values Act).
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Understanding (MOU) with Orange County and participating Orange County cities
for the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG).
2. Approve a budget adjustment recognizing $25,030.80 in JAG funding and
appropriating $25,030.80 to the Police Department budget for the specified purpose.
VICTOR BAKKILA BRYAN GLASS
Lieutenant Acting Chief of Police
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENTS: 1.
2.
Proposed Resolution
Memorandum of Understanding between the County of
Orange and Eligible Municipal Cities for the FY 2018 Edward
Byrne Memorial Justice Assistance (JAG) Program
Resolution No. 19-xx Page 1 of 3
RESOLUTION NO. 19-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING THE APPLICATION FOR, AND ACCEPTANCE OF, A
GRANT AWARD FROM THE ORANGE COUNTY SHERIFF FOR THE FY 2018
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY IN CONNECTION WITH SUCH
ACCEPTANCE
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program
allows states and local governments to support a broad range of criminal justice related
activities based on their own needs and conditions; and
WHEREAS, the County of Orange (“County”), acting as the lead agency, applied
for FY 2018 JAG funds on behalf of itself and participating Orange County cities, including
the City of Costa Mesa; and
WHEREAS, the County received an allocation of $410,195.00 for FY 2018; and
WHEREAS, the City of Costa Mesa is eligible to receive an allocation of
$25,030.80 from the County’s allocation; and
WHEREAS, the City of Costa Mesa supports the JAG Program goals and wishes
to participate in the Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
Mesa that:
1. The City Council hereby approves the application for, and acceptance of,
FY 2018 JAG Program funds from the County of Orange.
2. The City Manager or her designee is hereby authorized to execute the
Memorandum of Understanding with the County and participating Orange
County cities, including all documents and certifications required in
connection with the Memorandum of Understanding, and to take all steps
necessary to implement this authorization and JAG Program requirements
and objectives. Notwithstanding the foregoing, the City Manager shall not
make any certifications relating to compliance with 8 U.S.C. §§ 1373 and/or
1644
Attachment 1
Resolution No. 19-xx Page 2 of 3
3. No City officer or official shall make any certifications relating to compliance
with 8 U.S.C. §§ 1373 and/or 1644 in connection with this application for
and acceptance of the grant award without prior approval from the City
Council.
PASSED AND ADOPTED this 17th day of December, 2019.
_____________________________
Katrina Foley, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________
Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
Resolution No. 19-xx Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 19-xx and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 17th day of December, 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 18th day of December, 2019.
________________________
Brenda Green, City Clerk