HomeMy WebLinkAbout2018-12-18; City Council; Resolution 2018-215RESOLUTION NO. 2018-215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY2017
AND FY2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
FUNDS AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR OR
HIS/HER DESIGNEE TO APPROPRIATE $15,258 AND $14,579 TO THE PUBLIC
SAFETY GRANTS SPECIAL REVENUE FUND.
WHEREAS, the Police Department has been allocated funds through the Fiscal Year 2017 and
2018 Edward Byrne Memorial Justice Assistance Grant Program to support activities to prevent and
control crime and to improve the criminal justice system; and
WHEREAS, the application for the Fiscal Year 2017 and 2018 Edward Byrne Memorial Justice
Assistance Grant was heard during a regularly scheduled council meeting and the public was given an
opportunity to provide comments; and
WHEREAS, Carlsbad Police Department proposes to purchase photography equipment for the
field evidence technicians, smart televisions for the Communications Center, a refrigerator for storing
evidence, two bicycles for the Crime Suppression Team, one FUR thermal cam~a and four mobile
armored shields;
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 purchases specified are authorized in compliance with the grant.
3. That the City Manager of the City of Carlsbad is hereby authorized and directed to
execute said award with the US Department of Justice for receipt of the subject grant
funds, as well as any required reports and/or final statements.
4. That the Administrative Services Director or his/her designee is authorized to
appropriate $15,258 and $14,579 to the Public Safety Grants Special Revenue Fund.
December 18, 2018 Item #3 Page 3 of 60
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 18th day of December, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, P. Bhat-Patel, C. Schumacher, B. Hamilton.
None.
None.
(SEAL)
December 18, 2018 Item #3 Page 4 of 60
Providing Services to Limited English Proficiency (LEP) lndividnals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial
assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information
on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website
https://www.lep.gov.
Ensuring Equal Treatment of Faith-Based Organizations and Safegnarding Constitutional Protections Related to Religion
The DOJ regulation, Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016,
prohibits all recipient organizations, whether they are Jaw enforcement agencies, governmental agencies, educational institutions, houses of
worship, or faith-based organizations, from using fmancial assistance from the DOJ to fund explicitly religious activities. Explicitly
religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non-funded
explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by tl1e DOJ, and recipients cam10t
compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ
are not pennitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refosal to hold a
religious belief, or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written
notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded
faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more inforn1ation on the
regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm.
SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 201 l0(e); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 34 U.S.C. § ll 182(b ); and VA WA, as amended,
34 U.S.C. § 1229l(b)(l3), contain prohibitions against discrimination on the basis of religion in employment. Despite these
nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by-
case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the
statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult
with the OCR if you have any questions about the regulation or the application ofRFRA to the statutes that prohibit discrimination in
employment.
Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See
Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity
Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title v71 of the
Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be
mindful that ilie misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion
may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light ofilie Advisory,
recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis
of the use of arrest and conviction records in their Equal Employment Opporhmity Plans (EEOPs) (see below).
Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two
obligations: (1) complying with the federal regulation pertaining to the development ofan EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2)
submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
December 18, 2018 Item #3 Page 7 of 60
Meeting the EEOP Requirement
An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment
practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of
DOJ fonding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more
information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you
may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at
EEOPfom1s@usdoj.gov.
Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race,
color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative
agency, your organization must send a copy of the finding to the OCR.
Ensuring the Compliance of Subrecipients
SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination
complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train
subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of
Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of
subrecipients. For more infonnation on the MOA requirement, see https://ojp.gov/fonding/Explore/StateMethodsAdmin-FY20 l 7update.htm.
If the OCR can assist you in any way in folfilling your organization's civil rights responsibilities as a recipient of federal financial
assistance, please contact us.
Sincerely,
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
December 18, 2018 Item #3 Page 8 of 60
I) U.S. Department of Justice
Office of Justice Programs
PAGE I OF 22 Bureau of Justice Assistance Grant
I RECIPIENT NAME AND ADDRESS (Including Zip Code) 4 AWARD NUMBER: 20 I 8-DJ-BX.0565
C11y of Carlsbad
1200 Carlsbad Village Drive 5. PROJECT PERIOD FROM 10/01/2017 TO 09/30/2019
Carlsbad, CA 92008-7240
BUDGET PERIOD· FROM 10/01/2017 TO 09/30/2019
6 AWARD DATE I 1/16/2018 ?.ACTION
2a GRANTEE IRSNENDOR NO 8 SUPPLEMENT NUMBER Initial
966004793 00
2b GRANTEE DUNS NO.
844811310 9. PREVIOUS AWARD AMOUNT so -
3. PROJECT TITLE IO. AMOUNT OF THIS AWARD S 14,579
FY I 8 Local JAG Program
11 TOTALAWARD $ 14,579
12 SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE A TT ACHED PAGE(S)
13. STATUTORY AUTIIORITY FOR GRANT
This project is supponed under FY 18(8JA -JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C 10101 • 10726), including
,___.!ubpart I of part E (codified at 34 U.S C. 10 151. 10158); sec also 28 U.S.C. 530C(a)
14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 • Edward Byrne Memorial Jusuce Assistance Grant Program
15. METHOD OF PAYMENT
GPRS -AGENCY APPROVAL GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Matt Dummcrn,uth ~on Chadwick
Pnnc1pal Deputy Assistant Attorney General ( Manager
.............
17 SIGNATURE OF APPROVING OFFICIAL 19 SI ATU r\r i UTHORIZED RECIPIENT OFFICIAL 19A DATE
0/Jw+-}J~
1-~ .... ~ -,,-
\.. Y' .. \ .J -AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21 TDJUGT0431
FISCAL FUND BUD DIV
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 14579
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
December 18, 2018 Item #3 Page 9 of 60
officer safety. NCA/NCF
December 18, 2018 Item #3 Page 33 of 60
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients offederal financial
assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information
on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website
https://www.lep.gov.
Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion
The DOJ regulation, Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016,
prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of
worship, or faith-based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly
religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non-funded
explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients can.not
compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ
are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a
religious belief, or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written
notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded
faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the
regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm.
SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 201 l0(e); the Juvenile Justice and Delinquency
Prevention Act ofl974, as amended, 34 U.S.C. § l 1182(b); and VAWA, as amended,
34 U.S.C. § 1229l(b)(l3), contain prohibitions against discrimination on the basis ofreligion in employment. Despite these
nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by-
case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the
statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult
with the OCR if you have any questions about the regulation or the application ofRFRA to the statutes that prohibit discrimination in
employment.
Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See
Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity
Cmmnission's Enforcement Guidance: Consideration a/Arrest and Conviction Records in Employment Decisions Under Title VII of the
Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf Recipients should be
mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion
may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory,
recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis
of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
Complying with the Safe Streets Act
An organization that is a recipient offmancial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two
obligations: (I) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2)
submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
December 18, 2018 Item #3 Page 36 of 60
Meeting the EEOP Requirement
An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment
practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of
DOI fonding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more
infonnation on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you
may request teclmical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at
EEOPfonns@usdoj.gov.
Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race,
color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative
agency, your organization must send a copy of the fmding to the OCR.
Ensuring the Compliance of Subrecipients
SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination
complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train
subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of
Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of
subrecipients. For more infonnation on the MOA requirement, see https://ojp.gov/funding/Explore/StateMethodsAdmin-FY20 l 7update.htm.
If the OCR can assist you in any way in folfilling your organization's civil rights responsibilities as a recipient of federal financial
assistance, please contact us.
Sincerely,
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
December 18, 2018 Item #3 Page 37 of 60
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
RECIPIENT NAME AND ADDRESS (Including Zip Code)
Cuy of Carlsbad
1200 Carlsbad V,llagc Drive
Carlsbad, CA 92008
2a GRANTEE IRSNENDOR NO.
966004793
2b. GRANTEE DUNS NO.
844811310
3. PROJECT TITLE
11 i I Fp r I I 15 { d.
Replacement FET equipment and crime suppression tools
12. SPECIAL CONDITIONS
PAGE I OF 20
Grant
4 AWARDNUMBER: 2017-DJ-BX-015I
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 11/02/2018
8 SUPPLEMENT NUMBER
00
9. PREVIOUS A WARD AMOUNT
10. AMOUNT OF THIS AWARD
ti TOTALAWARD
I 0/01/20 I 6 TO 09/30/2020
I0/01/2016 TO 09/30/2020
7.ACTION
Initial
so
S 15,258
S 15,258
TIIE ABOVE GRANT PROJECT tS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S)
t3. STATUTORY AUTHORITY FOR GRANT
This project is supponcd under FY t 7(BJA -JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 -37971T-5),
including subpan I of part E (codified at 42 U.S.C. 3750-3758); sec also 28 U.S.C. 530C(a).
14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Nwnbcr)
16 738 -Edward Byrne Memorial Justice Assistance Grant Program
15 METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
Man Dummermuth
Principal Deputy Assistant Attorney General
17. SIGNATURE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Scott Chadwick
19A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21. SDJUGT0637
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB POMS AMOUNT
X B DJ 80 00 00 15258
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
December 18, 2018 Item #3 Page 38 of 60
This Local JAG award will be used to support criminal justice initiatives that fall under oue or more of the allowable program areas above. Any equipment
purchases or funded initiatives such as overtime, task forces, drug programs, infonnation sharing, etc. will be aimed at reducing crime and/or enhancing
public/officer safety. NCA/NCF
December 18, 2018 Item #3 Page 60 of 60
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
Edward Byrne Justice Assistance Grant Program FY 2018 Local Solicitation
Certifications and Assurances by the Chief Executive of the Applicant Government
On behalf of the applicant unit of local government named below, in support of that locality's application for an award
under the FY 2018 Edward Byrne Justice Assistance Grant ("JAG") Program, and further to 34 U.S.C. § 10153(a), I
certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice ("USDOJ"), that all of the following are
true and correct:
1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make
the following representations on my own behalf as chief executive and on behalf of the applicant unit of local
government. I understand that these representations will be relied upon as material in any OJP decision to make
an award, under the application described above, to the applicant unit of local government.
2. I certify that no federal funds made available by the award (if any) that OJP makes based on the application
described above will be used to supplant local funds, but will be used to increase the amounts of such funds
that would, in the absence of federal funds, be made available for law enforcement activities.
3. I assure that the application described above (and any amendment to that application) was submitted for review
to the governing body of the unit of local government (e.g., city council or county commission), or to an
organization designated by that governing body, not less than 30 days before the date of this certification.
4. I assure that, before the date of this certification-(a) the application described above (and any amendment to
that application) was made public; and (b) an opportunity to comment on that application (or amendment) was
provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or
established procedure made such an opportunity available.
5. I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described
above, the applicant unit of local government will maintain and report such data, records, and information
(programmatic and financial), as OJP may reasonably require.
6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the
award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified
therein.
7. I have examined the certification entitled "State or Local Government: FY 2018 Certification of Compliance with 8
U.S.C. §§ 1373 & 1644" executed by the chief legal officer of the applicant government with respect to the FY
2018 JAG program and submitted in support of the application described above, and I certify that I have no
reason to believe that certification to be false or otherwise incorrect. (This provision is not applicable to Indian
tribal government applicants.)
8. I have examined the certification entitled "State or Local Government: FY 2018 Certification Relating to 8
U.S.C. §§ 1226(a) & (c), 1231 (a), 1324(a), 1357(a), & 1366(1) & (3)" executed by the chief legal officer of the
applicant government with respect to the FY 2018 JAG program and submitted in support of the application
described above, and I certify that I have no reason to believe that certification to be false or otherwise incorrect.
(This provision is not applicable to Indian tribal government applicants.)
Signatur of Chief Executive of the Applicant Unit of
Local Government
Mo.tl Hall
Printed Name of Chief Executive
Name of
Date of Certification
Rev.August 22, 2018