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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/31/2020 - SECOND READING OF ORDINANCE NO. 041, 2020, APPROPRAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY March 31, 2020 City Council STAFF Jerry Schiager, Lieutenant Tim Doran, Police Assistant Chief Erik Martin, Police Financial Analyst II Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 041, 2020, Appropriating Unanticipated Black and Gray Market Marijuana Grant Revenue in the General Fund for Police Services. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 3, 2020, appropriates unanticipated grant revenue in the amount of $345,227 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 3, 2020(PDF) 2. Ordinance No. 041, 2020 (PDF) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY March 3, 2020 City Council STAFF Jerry Schiager, Lieutenant Tim Doran, Police Assistant Cheif Erik Martin, Police Financial Analyst II Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 041, 2020, Appropriating Unanticipated Black and Gray Market Marijuana 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 $345,227 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 has received grant funding in the amount of $345,227 from the Colorado Department of Local Affairs Gray and Black Market Marijuana Enforcement Grant Program to support the investigation and prosecution of black market or illegal marijuana cultivation and distribution in the City. While many types of cultivation and distribution have become legal through voter action, there remains a sizeable amount of illegal marijuana activity. Marijuana grown and distributed under the protection of the Colorado Constitution 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 residents. This grant funding provides equipment and personnel overtime compensation to conduct investigations into issues like neighborhood marijuana grows and illegal distribution. Last year, the District Attorney’s Office received money from this program and provided funding to Police Services to conduct investigations that not only addressed criminal activity but also improved neighborhood livability. Police Services will continue to impact illegal marijuana activity with the use of this grant through June 30, 2021. Because of the size of this grant, Police Services will likely be able to share this opportunity with neighboring jurisdictions and the District Attorney’s Office. CITY FINANCIAL IMPACTS The City has received a grant award in the amount of $345,227 from the Colorado Department of Local Affairs to impact black market marijuana activity. There is no funding match required by the City. The full amount of the award will be provided up front, and the City will return any unspent funds at the end of the grant cycle. ATTACHMENT 1 -1- ORDINANCE NO. 041, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED BLACK AND GRAY MARKET MARIJUANA GRANT REVENUE IN THE GENERAL FUND FOR POLICE SERVICES WHEREAS, on August 20, 2019, City Council passed Resolution 2019-086 supporting a grant application 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, Fort Collins Police Services (“FCPS”) was awarded a grant through the Program from the Department of Local Affairs (“DOLA”) in the amount of $345,227 to be used through June 30, 2021 to fund investigation and prosecution of unlicensed marijuana cultivation and distribution operations; and WHEREAS, the grant money will allow 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, there is no funding match required by the City; and WHEREAS, the City will return any unspent funds at the end of the grant cycle, after June 30, 2021; and WHEREAS, this appropriation benefits 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 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 to be received in that fund during any fiscal year. 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. -2- Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of THREE HUNDRED FORTY-FIVE THOUSAND TWO HUNDRED TWENTY-SEVEN DOLLARS ($345,227) for expenditure in the General Fund for the Fort Collins Police Services Black and Gray Market enforcement. Introduced, considered favorably on first reading, and ordered published this 3rd day of March, A.D. 2020, and to be presented for final passage on the 31st day of March, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 31st day of March, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk