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Item 09 - Consideration of a Budget Amendment Authorizing The Use of Asset Forfeiture Funds For Police Prpgrams and EquipmentAGENDA ITEM NO.9 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: August 12, 2019 TO: Mayor and City Council FROM: David Carmany Interim City Manager SUBJECT: CONSIDERATION OF A BUDGET AMENDMENT AUTHORIZING THE USE OF ASSET FORFEITURE FUNDS FOR POLICE PROGRAMS AND EQUIPMENT RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the necessary budget amendment: RESOLUTION NO.2019-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2019, AND ENDING JUNE 30, 2020 (ASSET FORFEITURE FOR POLICE PROGRAMS AND EQUIPMENT) DISCUSSION: The West Covina Police Department received federal asset forfeiture funds stemming from successful law enforcement and prosecution efforts of narcotics cases, spearheaded by the Department's Special Enforcement Team (SET). These cases are adjudicated at the federal level, which is often a lengthy process that results in irregular receipts of these funds. The U.S. Department of Justice produces a lengthy publication concerning the spending rules and prohibitions associated with federal asset forfeiture funds. This publication is called the Guide to Equitable Sharing of Federally Forfeited Property for State and Local Governments. Briefly, asset forfeiture funds are approved for new unbudgeted law enforcement uses, must be accounted for separately from other funds to adhere to fmancial reporting and auditing requirements, and cannot be spent until the funds are actually received as revenue. Moreover, these funds cannot be used to replace (supplant) funding levels for police department items (like police officers, materials, services, supplies and equipment, etc.) previously funded from the City's General Fund. There are sufficient funds available in the fund balance of Fund 117 for a range of needed public safety items, which have been prioritized. These items include the following: . Continued Funding for Federal Task Force Officer Position: On March 6, 2018 (agenda item #18), the City Council approved an agreement assigning a West Covina Police Officer to the U.S. Marshal Service (USMS) Pacific Southwest Regional Fugitive Task Force RFTF) to investigate and apprehend high grade, dangerous fugitives in the southwest region of the country.Joining this task force greatly expanded WCPD's ability to apprehend dangerous fugitives who commit crimes in and around West Covina, and has brought the regional and nationwide resources of the RFTF to our area, improving safety in the local community and region.The RFTF also reimburses West Covina for certain overtime costs. Assigning a WCPD Officer to the USMS Pacific Southwest RFTF allowed the creation of a new WCPD Officer position, "backfilling" the Officer assigned to the federal task force.This is one of very few scenarios that allows asset forfeiture funds to be used for a sworn officer position.Estimated funding for this was appropriated when the City Council approved the agreement, but this initial funding will soon be depleted, and must be renewed, totaling $300,000. • Continued Law Enforcement Helicopter Services: On October 4, 2016 (agenda item #10), the City Council approved an agreement with the County of Los Angeles for the Sheriff s Department to provide police helicopter services as needed, and appropriated estimated asset forfeiture funding for this new service.The estimated funding for this service will be depleted during this fiscal year, and must be renewed, totaling an estimated $55,000. • Continued Funding for Interagency Supplemental Law Enforcement Investigative Services with the California Highway Patrol: On December 20, 2016 (agenda item #8), the City Council appropriated asset forfeiture funds and approved an agreement with the California Highway Patrol (CHP) to assign a dedicated CHP Officer to work with the Police Department's Investigative & Support Services Division (ISSD), focusing on the investigation of complex criminal cases on a regional level.CHP pays the salary and benefits of their Officer, but West Covina reimburses CHP up to $100,000 for any overtime worked. The addition of this new CHP Officer has proven very valuable, giving significant support to the mission of the Police Department, as well as reliable access to resources on a statewide basis. During the next fiscal year, the estimated funding for this service will be depleted, and must be renewed, totaling $100,000. • Com-Net Regional Police Communications JPA: On September 17, 2013 (agenda item # 9), the City Council authorized West Covina's participation in the multi -city East San Gabriel Valley Regional Communications Network Joint Powers Authority ("Com-Net" JPA) that joins together multiple public safety radio communications in a regional, digital system. To date, the costs associated with Com-Net have been paid using asset forfeiture funds, but that funding has been depleted, and must be replenished, totaling an estimated $70,000. • Law Enforcement Computer System Renewals: Previously, the Police Department used asset forfeiture funds to purchase a series of new computer technology items, including firewalls, virtualized infrastructure items, and new software licenses. In order to ensure the continued security and functioning of Police Department computer networks, the maintenance, licenses, and support for these items must be renewed over the next two fiscal years, along with some new computer infrastructure hardware, totaling an estimated $175,000 for software, an estimated $45,000 for hardware, and an estimated $125,000 for computer services. • Police Supplies: A range of police supplies are also needed, including surveillance supplies for the SET Team, tactical supplies for SWAT, and traffic enforcement items. These items total an estimated $135,000. • Special Enforcement Team Travel Costs: The SET Team's work on large scale international narcotics cases involving asset forfeiture often incurs travel costs. Funding totaling an estimated $35,000 for these travel costs will be needed during this fiscal year. • Patrol Vehicles: The patrol vehicle is a basic tool needed by a patrol officer to perform the job of providing police service to residents. For patrol officers, their office space is their vehicle, and they count on those vehicles performing every time they enter them. These vehicles are used in intense pursuits, and often run nonstop supporting multiple patrol shifts round the clock —this greatly reduces these vehicle's useful lifespan in comparison to regular civilian passenger vehicles. An estimated ten vehicles will be needed near the end of this fiscal year, totaling an estimated $580,000, including warranties and vehicle mounted equipment. • Two Surveillance Vehicles: In addition to patrol vehicles, several vehicles used by the SET Team for surveillance operations have suffered mechanical problems, reducing the effectiveness of ongoing operations. Two replacement vehicles are needed, totaling an estimated $80,000, including vehicle mounted equipment • Other Police Equipment: A range of equipment items are also needed, as follows:Current generation, vehicle -mounted radio equipment, compatible with the digital interoperable Com-Net communication system, totaling an estimated $95,000, including digital trunking encryption software; new cell -phone based citations/ticketing system equipment, totaling an estimated $175,000; new simulator training technology equipment, totaling an estimated $85,000. . Police Facilities Remodel Funds: Areas including the Dispatch Center and Detective Bureau have significant remodeling and repair needs. These including flooring, drop ceiling, some lighting, cabinetry, countertops, bathroom counters, kitchen appliances, and paint, totaling an estimated $285,000. For the items above that meet the cost threshold requiring a competitive bid process, staff will organize and conduct the bids, and bring forward to future City Council Meetings for Council consideration. Prepared by: Alex B. Houston, Police Administrative Services Manager Additional Approval: Richard Bell, Chief of Police Additional Approval: Robbeyn Byrd, Interim Finance Director Fiscal Impact FISCAL IMPACT: The West Covina Police Department received federal asset forfeiture funds stemming from successful law enforcement and prosecution efforts of narcotics cases, spearheaded by the SET team, such that there are sufficient monies available in the fund balance of Fund 117 for all of the items detailed above, totaling $2,340,000. As detailed in the proposed budget amendment, Staff is recommending an expenditure appropriation of that amount in Fund 117. Without these federal asset forfeiture funds, these unmet needs would become Police Department budget requests, drawing on the City's General Fund. Thus, while these funds do not supplant existing budgeted funds, they provide significant savings of General Fund money and alleviate current and future strain on the City's fiscal resources while meeting unbudgeted Police Department needs. It is appropriate and allowable to use available federal asset forfeiture funds for these items. There is no General Fund impact with this agenda item. Attachments Attachment No 1 - Resolution 2019-58 Exhibit 1 - Budget Amendment CITY COUNCIL GOALS & OBJECTIVES: Enhance Public Safety I:V 1:T . h�f` J LILY If►[INI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2019, AND ENDING JUNE 30, 2020 (ASSET FORFEITURE FOR POLICE PROGRAMS AND EQUIPMENT) WHEREAS, the City Manager, on or about June 18, 2019, submitted to the City Council a proposed budget for the appropriation and expenditure of funds for the City for West Covina for Fiscal Year 2019-2020; and WHEREAS, following duly given notice and prior to budget adoption, the City Council held a public meeting on June 18, 2019, receiving, considering and evaluating all comments, and adopted a budget for the fiscal year commencing July 1, 2019 and ending June 30, 2020; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. Budget Adjustment No. 004 is hereby approved as reflected on Exhibit No. 1, attached hereto. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 12th day of August, 2019. Lloyd Johnson Mayor APPROVED AS TO FORM ATTEST City Attorney Nickolas S. Lewis City Clerk I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 121h day of August, 2019 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Nickolas S. Lewis City Clerk Exhibit No. 1 BA # 004 CITY OF WEST COVINA BUDGET AMENDMENT Date: 8/12/2019 Requested by: Alex Houston Dept/Div: Police EXPENDITURES Posted By: Date Posted: Fiscal Year: 2019-2020 Amount: $2,340,000.00 Description: Asset Forfeiture for Police programs and equipment Account Number Dept/Account Description Current Budget Proposed Amendment Amended Budget 117.31.3120.5110 Sworn Sala - 300 000.00 300 000.00 117.31.3120.6120 Other Cont. Services - 55 000.00 55 000.00 117.31.3131.6120 Other Cont. Services - 100 000.00 100 000.00 117.31.3110.6120 Other Cont. Services - 70 000.00 70 000.00 117.31.3119.6272 Software Licensing - 175 000.00 175 000.00 117.31.3119.7160 Other Equipment - 45,000.00 45,000.00 117.31.3119.6120 Other Cont. Services - 125,000.00 125,000.00 117.31.3110.6050 Conferences, Meetings, Travel - 35,000.00 35,000.00 117.31.3110.6220 Police Department Supplies - 135,000.00 135,000.00 117.31.3120.7170 Vehicles - 580,000.00 580,000.00 117.31.3131.7170 Vehicles - 80,000.00 80,000.00 117.31.3110.7160 Other Equipment - 355 000.00 355 000.00 117.31.3110.7530 Building Improvements - 285 000.00 285 000.00 REVENUES Account Number Account Description Current Budget Proposed Amendment Amended Budget REASON/JUSTIFICATION (Please be specific) To appropriate expenditures for the Police programs and equipment from federal asset forfeiture funds, as approved by the City Council on 8/12/2019. APPROVALS City Council Approval Date (if required, attach minutes): 8/12/2019 ❑ Approval Not Required Dept Head Approval: see attached Date: Finance Director: Date: Funds Available? ❑ Yes ❑No City Manager: see attached Date: (if over $100,000) ❑ Approved ❑ Denied