March 29, 2005

SUBJECT:      Edward Byrne Memorial Justice Assistance Grant (JAG) Program-FY 2005 Grant Application

REPORT IN BRIEF

The Justice Assistance Grant (JAG) replaces the Byrne Formula Grant and Local Law Enforcement Block Grant (LLEBG) programs with a single funding mechanism that is intended to simplify the administration process for grantees.  This newly established Federal program is funded at $92 million less as compared to this current year.

As in years past this Grant is a cooperative effort by Law Enforcement agencies within the county, and as such the City of Sunnyvale, by signature of the City Manager and upon Council approval, will enter into an Inter-Local Agreement or Memorandum of Understanding (MOU) governing the application, receipt, and distribution of the Grant (Attachment A).  The Grant requires that Council be notified within 30 days prior to entering into the MOU, and submitting the subsequent application.  This report satisfies the requirement.

In addition to the City of Sunnyvale, there are eight other jurisdictions participating: Campbell City, Gilroy City, Milpitas City, Mountain View City,

Palo Alto City, San Jose City, Santa Clara City, and Santa Clara County. 

The Santa Clara County Office of the County Executive, as the applicant and fiscal agent will submit the joint application to the Bureau of Justice Assistance for the aggregated amount of $750,048.  The City of Sunnyvale will receive $14,113 per the established funding formula.  The City is not required to provide any funding match.

BACKGROUND

The Justice Assistance Grant (JAG) replaces the Byrne Formula Grant and Local Law Enforcement Block Grant (LLEBG) programs with a single funding mechanism that is intended to simplify the administration process for grantees.  The Byrne Formula Grant was previously distributed by the state, and the LLEBG was distributed by the County.

Since FY 1996/1997 Sunnyvale has received supplemental law enforcement funding through the Local Law Enforcement Block Grant Program to reduce crime and improve public safety.  Currently, this funding partially covers salary of a Patrol Captain as previously approved by Council.   For FY 2004/2005 we received funding in the amount of $11,528, with a required match of $1,281. 

EXISTING POLICY

Law Enforcement Sub-Element

4.1D.1:  Coordinate Law Enforcement planning with Local, Regional, State and Federal level plans.

DISCUSSION

The County of Santa Clara, Office of the County Executive, is submitting an application to the Bureau of Justice Assistance for the FY 2005 Edward Byrne Memorial Justice Assistance Grant (JAG) on behalf of local jurisdictions.  The aggregated funding in the amount of $750,048 is to be distributed as follows:

Edward Byrne Memorial Justice Assistance Grant (FY 2005)
City of Campbell	$9,689
City of Gilroy	$23,628
City of Milpitas	$17,153
City of Mountain View	$28,176
City of Palo Alto	$6,589
City of San Jose	$381,780
City of Santa Clara	$20,662
County of Santa Clara	$173,258
City of Sunnyvale	$14,113
Administrative Costs (to County of Santa Clara)	$75,000
TOTAL	$750,048

Traditionally, allocation to each jurisdiction was made based on a number of specific violent crimes reported to the FBI and population data.  This year, in the absence of individual allocations, representatives from all nine jurisdictions agreed to again calculate the distribution by applying the FY 2004 allocation formula and disparate information against the total aggregate of $750,048 for FY 2005.

To carry out the joint application process, representatives from cities and the county came together to form an ad-hoc planning committee and started a discussion on who will apply for and serve as the as the fiscal agent for the joint funds.  All members of the ad-hoc planning committee are committed to facilitate the process within each jurisdiction to finalize the agreement and/or ensure that the necessary steps are taken to complete the required steps of the application process.

In order to ensure effective program outcomes, the plan is that each agency will formulate an individual spending plan to reflect the individual jurisdiction’s needs.  Public Safety plans to continue to use the funding to support a Patrol Captain Position for front line law enforcement support. 

FISCAL IMPACT

The LLEBG amount of $25,997 was included in the FY 2005/2006 approved budget, along with a General Fund match of $2,889.  The actual grant award of $14,113, with no required General Fund match, creates a funding differential of $14,773 from the planned amount.  This difference will be absorbed through the use of the Police Service Augmentation Fund, funded through other external funding sources such as the Supplemental Law Enforcement Services Fund.  This grant in the amount of $14,113 and a second grant, the Supplemental Law Enforcement Grant, will be used to fund the Captain position.

Please note that continuation of the Public Safety Captain position is contingent upon funds being appropriated each year by the state and federal governments.  In the event that this grant funding is further decreased or eliminated in future years, Council will be advised and asked for direction on the continuance of this Captain position.   Public Safety will continue to actively seek alternative funding sources to maintain this Captain position, including aggressively looking for other potential grant opportunities.

Conclusion

The City has the opportunity to apply for the Edward Byrne Memorial Justice Assistance Grant in the amount of $14,113 as part of a county wide application. This money will partially fund one Patrol Captain, as in years past. In order to participate in the application process, City Council must authorize the City Manager to sign the Inter-Local Agreement/MOU.  City Council could choose not to participate in the application process. This action would result in the application not being accepted by the Bureau of Justice Assistance and; thus all nine participating agencies would not be eligible to drawn down the award. 

PUBLIC CONTACT

Public contact was made through posting of the Council agenda on the City's official notice bulletin board, posting of the agenda and report on the City's web page, and the availability of the report in the Library and the City Clerk's Office.

ALTERNATIVES

1. Authorize the City Manager to sign the Inter-Local Agreement/MOU to participate in the application and administration of the Edward Byrne Memorial Justice Assistance Grant for FY 2005.

2. Do not authorize the City Manager to sign the Inter-Local

    Agreement/MOU.

RECOMMENDATION

Staff recommends Alternative #1; authorize the City Manager to sign the Inter-Local Agreement/MOU to participate in the application and administration of the Edward Byrne Memorial Justice Assistance Grant for FY 2005.  

Reviewed by:

Don Johnson, Director, Public Safety

Prepared by: Heather Tannehill, Manager

Approved by:

Amy Chan, City Manager

Attachments

A.     Inter-Local Agreement: “Agreement Between Cities and the County of Santa Clara 2005 Byrne Justice Assistance Grant (JAG) Program Award”