PURPOSE:

To appropriate $44,347.42 of unexpended asset forfeiture funds resulting from accumulated interest during Fiscal Year (FY) 04/05 and to appropriate funds from asset forfeiture checks returned to the City from the State and Federal Government in the amount of $172,309.59.

BACKGROUND:

The Comprehensive Crime Control Act of 1984 provides for the disposition of forfeited assets and the management of such assets by the U.S. Department of Justice.  The statute directs the Attorney General to ensure the equitable transfer of any forfeited property to the appropriate State or local law enforcement agency participating directly in any of the acts which led to the seizure or forfeiture of such property.  Title 21 United States Code, Section 881(E), provides for the Attorney General to disburse the forfeited funds for the sole purpose of law enforcement activities, and specifically to aid our drug enforcement efforts.  Such monies must be in addition to, and not substituted for, existing budgeted funds.

ANALYSIS:

During FY 04/05 the City of Burbank accumulated $44,347.42 in asset forfeiture interest earnings.  To date, the City has also received asset forfeiture checks from the State and Federal Government, which represents the City�s share of drug cases involving the Police Department�s Narcotics Detail (see Exhibit A).

As of June 30, 2005, the amount of asset forfeiture funds returned to the City is $13,377,894 of which approximately $1,525,244 remains available.  Asset forfeiture funds continue to be utilized to fund major expenditures such as the purchase and operation of a significant portion of the police helicopter program, technological improvements, safety and communication equipment for police officers, and our continuing funding of the DARE Program.

FISCAL IMPACT:

Adoption of the proposed resolution will allow the City to appropriate FY 04/05 interest earnings and asset forfeiture revenues already received.  The Drug Asset Forfeiture Fund (Fund 124) will be amended by appropriating $216,657.01 from account 124-PD000-30004, Unappropriated Fund Balance, to the following expenditure accounts:

$149,760.31    to         124-PD91B-70015

$007,074.15    to         124-PD91C-62410

$040,550.47    to         124-PD91C-70015

$019,272.08    to         124-PD91D-70015

This resolution does not negatively impact the Asset Forfeiture Fund or any other City fund.

RECOMMENDATION:

It is recommended that the City Council approve a resolution accepting and appropriating these funds totaling $216,657.01.

THOMAS HOEFEL

Chief of Police

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