PREPARED BY: Lt. JOHN BENONE DATE OF MEETING: 05/20/19
SUBJECT:
TITLE
PUBLIC HEARING AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF $17,150 OF FUNDS ANTICIPATED TO BE RECEIVED FROM THE 2017 JUSTICE ASSISTANCE GRANT PROGRAM (JAG) AND AUTHORIZING THE PURCHASE OF INVESTIGATIVE EQUIPMENT
Label
CITY MANAGER RECOMMENDATION
Recommendation
Conduct public hearing; adopt Resolution
Body
Compliance statements
Diversify Revenue Stream is an adopted policy item under the FY 2019-21 City Council Priority Workplan.
CEQA Compliance Statement
This proposed action is not a project under CEQA pursuant to Guidelines section 15378(b)(5): Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
BACKGROUND
The Justice Assistance Edward Byrne Memorial Grant Program (JAG) provides unsolicited federal funds designated for frontline municipal police services. Every year, the City of San Pablo Police Department receives unsolicited funds of varying amounts from this federal grant. On September 5, 2017, the City of San Pablo Police Department submitted JAG application 2017-H3027-CA-DJ for an anticipated award amount of $17,150. A copy of the application is attached.
The United States Department of Justice had attempted to impose immigration enforcement requirements on California grantees. On March 26, 2019, the U.S. District Court for the Northern District of California prohibited the immigration enforcement requirements. On April 22, 2019, the Police Department submitted the 2017 JAG Grant acceptance documents.
Pursuant to Government Code Section 30061(c)(1), cities and counties are required to hold a public hearing to consider frontline enforcement funding requests prior to the receipt of funds. Notice of this public hearing has been appropriately posted and published in a newspaper of general circulation.
Following this public hearing the City Council may authorize the appropriation of existing, as well as anticipated, monies exclusively to fund frontline municipal police services in accordance with the request(s) submitted by the Police Department.
The San Pablo Police Department's Investigations Unit conducts detailed investigation in regards to shootings, criminal gang violations, homicides, sexual assaults, burglaries, illicit drug sales, fraud and domestic violence. Cell phone content evidence plays a major role in any investigation. It is often difficult to gain access to the cell phone's content due to the manufacturers' security software measures or if an uncooperative suspect refuses to provide their passcode.
The Police Department proposes to use the JAG award funds to purchase a “GRAY KEY” device to assist the Investigations Unit in opening iPhones during criminal investigations.
Once a search warrant is obtained for the cell phone, “GRAY KEY” can be utilized to unlock cell phones to see the content. “GRAY KEY” successfully unlocks Apple IOS devices.
“GRAY KEY” is a plug and play platform that requires no special training, prioritizes common and date based passwords, supports four-digit/six digit complex passcodes and extracts data not accessible in iTunes backups. “GRAY-KEY” is continually updated for new IOS versions and integrates with the leading forensic analysis tools.
“GRAY KEY” is the only manufacturer of the unlocking device and licensing for the opening of Apple IOS devices. Due to “GRAY KEY” being a sole source manufacturer, it is the desire of the Police Department to exempt the “GRAY KEY” device and licensing purchase from the bid process under section 3.16.110(C) of the Municipal Code, (Exceptions to the Bid Policy). In addition, the exception for Specialized Services combined with equipment in Municipal Code section 3.16.110(B) also applies, as “GRAY- KEY” requires a combination of specialized services combined with equipment and licensing for professional and specialized services.
FISCAL IMPACT
The acceptance and appropriation of the annual 2017 JAG grant will increase budgeted revenues (210-0000-33403) and expenditures (210-2110-46300) in the amount of $17,150. The annual cost for a “GRAY KEY” online fixed license along with one “GRAY KEY” device is $18,500. The online license allows for an unlimited number of unlocks during the license period. The total cost of $18,500 will be paid with the accepted and appropriated funds of $17,150, with a local contribution of $1,350, which will be absorbed within the Police Department’s existing budget (100-2110-44000, Special Departmental Expense).