REPORT TO COUNCIL
SUBJECT
Title
Action on the Appropriation of Asset Forfeiture Funds for FY 2021/22 and Related Budget Amendment (Deferred from July 6, 2021)
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Asset Forfeiture funds are obtained as a result of narcotic and other criminal investigations. Federal and State authorities allow the Police Department to share in the distribution of funds seized pursuant to judicial and/or administrative actions. The use of these monies is limited to funding law enforcement-related programs or purchases of equipment.
The City has the opportunity to enhance Police Department services by funding the following items, totaling $182,500, with Asset Forfeiture monies. The Police Department has identified the following items, training, or improvements as being necessary to better serve the community by maintaining or improving our current level of service, enhancing our ability to apprehend criminal offenders, or by ensuring a higher degree of officer and employee safety.
DISCUSSION
The Police Department’s Asset Forfeiture appropriation requests for equipment and other law enforcement uses and programs for FY 2021/22 are outlined as follows:
All equitably shared asset forfeiture funds comply with the requirements in SB 443.
ENVIRONMENTAL REVIEW
The purchase of supplies does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational policy making or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
Approval of this request will provide $182,500 to support enforcement, other programs, and needs in the Police Department without using General Fund monies. There are sufficient funds in the Expendable Trust Fund to be transferred. The recommended budget amendment table below transfers these funds to the Police Operating Grant Trust Fund in order to complete the purchases recommended in this report.
Budget Amendment
FY 2021/22
|
|
Current |
Increase / (Decrease) |
Revised |
|
Expendable Trust Fund |
|
|
|
|
Fund Balance |
|
|
|
|
Beginning Fund Balance |
$0 |
$182,500 |
$182,500 |
|
|
|
|
|
|
Transfers To |
|
|
|
|
Transfer to the Police Operating Grant Trust Fund |
$0 |
$182,500 |
$182,500 |
|
|
|
|
|
|
Police Operating Grant Trust Fund |
|
|
|
|
Transfers From |
|
|
|
|
Transfer From the Expendable Trust Fund |
$0 |
$182,500 |
$182,500 |
|
|
Current |
Increase / (Decrease) |
Revised |
|
Expenditures |
|
|
|
|
Seized Asset Funds |
$0 |
$182,500 |
$182,500 |
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
1. Approve the appropriation of Asset Forfeiture Funds in the amount of $182,500 pursuant to State and federal Regulations; and
2. Consistent with City Charter Section 1305 “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the following FY 2021/22 budget amendments:
A. In the Expendable Trust Fund, recognize Beginning Fund Balance of $182,500 from asset forfeiture funds received and establish a Transfer to the Police Operating Grant Trust Fund (five affirmative Council votes required for the use of unused balances); and
B. In the Police Operating Grant Trust Fund, establish a Transfer from the Expendable Trust Fund and establish a Seized Asset Funds appropriation in the amount of $182,500 (five affirmative Council votes required to appropriate additional revenue).
Staff
Reviewed by: Patrick Nikolai, Chief of Police
Approved by: Deanna J. Santana, City Manager