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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/01/2021 - FIRST READING OF ORDINANCE NO. 074, 2021, AUTHORIZ Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY June 1, 2021 City Council STAFF Jerry Schiager, Lieutenant Adam Stephens, Legal SUBJECT First Reading of Ordinance No. 074, 2021, Authorizing the City Manager to Accept a Grant Award and Comply with the Terms of the Grant and Appropriating Unanticipated Black and Grey Market Marijuana Enforcement Program Grant Revenue in the General Fund for Police Services. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated grant revenue in the amount of $41,564 from the Colorado Department of Local Affairs in the General Fund to support investigation and prosecution of black - market marijuana activity. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Police Services applied for and received grant funding from the Colorado Department of Local Affairs (“DOLA”) to support the investigation and prosecution of black market or illegal marijuana cultivation and distribution in our city. While many types of cultivation and distribution have become legal through voter action, there remains a sizeable about of illegal activity. Marijuana grown and distributed under the protection of the medical marijuana amendment is often diverted into the black market and potentially transported out of state. In addition, cultivation of marijuana in residential neighborhoods continues to be a quality of life issue for our residents. This grant funding provides equipment and personnel overtime compensation to conduct investigations into issues like neighborhood marijuana grows and illegal distribution. Last year, Police Services received this grant and used the funds to conduct investigations that not only addressed criminal activity but also improved neighborhood livab ility. Police Services will continue to impact illegal marijuana activity with the use of this funding over the 12-month grant period. CITY FINANCIAL IMPACTS The City has received a grant award in the amount of $41,564 from the Colorado Department of Lo cal Affairs to impact black market marijuana activity. There is no funding match required by the City and no negative impact on the City budget. -1- ORDINANCE NO. 074, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD AND COMPLY WITH THE TERMS OF THE GRANT AND APPROPRIATING UNANTICIPATED BLACK AND GREY MARKET MARIJUANA ENFORCEMENT PROGRAM GRANT REVENUE IN THE GENERAL FUND FOR POLICE SERVICES WHEREAS, on September 15, 2020, City Council passed Resolution 2020 -085 supporting a grant application by Fort Collins Police Services (“FCPS”) for the Gray and Black Market Marijuana Enforcement Grant Program (the "Program"), which provides financial assistance to local law enforcement agencies and district attorneys through local governments; and WHEREAS, on December 22, 2020, the City of Fort Collins was awarded a grant through the Program from the Department of Local Affairs (“DOLA”) in the amount of $41,564 to be used through June 30, 2022, to fund investigation and prosecution of unlicensed marijuana cultivation and distribution operations, said grant award attached as Exhibit “A”; and WHEREAS, the grant award will allow Fort Collins Police Services (FCPS) to continue to improve neighborhood livability and provide insight into the extent of the problem associated with unlicensed, illegal marijuana activity in the City; and WHEREAS, the grant award does not require execution of a post-award agreement or funding match and City staff recommends that the City Council authorize the City Manager or their designee to accept the grant and comply with the terms of the grant application and award; and WHEREAS, the City will return any unspent funds of this grant award at the end of the grant cycle, after June 30, 2022; and WHEREAS, this appropriation benefits the public health, safety and welfare of the citizens of Fort Collins and serves a public purpose by allowing FCPS to continue to improve neighborhood livability and provide insight into the extent of the problem associated with unlicensed, illegal marijuana activity in the City; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in that fund during any fiscal year. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council authorizes the City Manager or their designee to accept the grant award and comply with its requirements as set forth in the grant application and award. Section 3. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of FORTY-ONE THOUSAND FIVE HUNDRED SIXTY-FOUR DOLLARS ($41,564) for expenditure in the General Fund for the Fort Collins Police Services Black/Grey Market Marijuana enforcement. Introduced, considered favorably on first reading, and ordered published this 1st day of June, A.D. 2021, and to be presented for final passage on the 15th day of June, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of June, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A EXHIBIT A