HomeMy WebLinkAbout1998-08-03 City CouncilC ty
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City of Palo Altom
Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: POLICE
DATE:AUGUST 3, 1998 CMR:299:98
SUBJECT:APPROVAL OF EXPENDITURE OF ASSET SEIZURE FUNDS
RECOMMENDATION
Staff recommends that Council approve expenditures of $22,000 from the Asset Seizure
Fund to cover costs for Police Department cellular phones, communication headsets, and
undercover and evidence collection equipment.
BACKGROUND
Sections of the California Health and Safety (H& S) code govern the seizure and forfeiture
of property and money associated with drug trafficking. The seizure process typically occurs
during an arrest or search warrant service related to sales of narcotics. While laws have
placed some additional restrictions on the seizure of property, in certain situations the
practice is permitted. Legislation stipulates that seized property funds are not to be used to
defer normal operating expenses, but should be used for special purchases and projects
associated with law enforcement activities, especially those related to drug enforcement.
In Santa Clara County, ’a Deputy District Attorney is specifically assigned to handle asset
forfeiture cases and to help local agencies properly process their cases. Monies seized by the
Police Department are held by the District Attorney’s Office in a special account until the
specific case is adjudicated. The process of seizing money is a civil proceeding, wholly
independent of any criminal filing or conviction and requires strict procedural adherence.
At the conclusion of the Superior Court proceedings, the money is returned to the City,
deposited into an Asset Seizure Fund created by the City’s Administrative Services
Department, and with City Council approval, released for expenditure purposes.
DISCUSSION
Currently, the Asset Seizure Fund account totals approximately $61,000.The Police
CMR:299:98 Page 1 of 3
Department proposes spending $22,000 from the Fund to enhance the collection and
processing of evidence by purchasing evidence collection equipment and to increase
communications between officers, investigators, dispatchers, and the public with additional
and improved communications equipment.
Specifically, staffplans to spend $1,000 for a close-up camera, and $2,700 in miscellaneous
evidence collection tools and equipment. A close-up camera system is a compact, portable
unit, that is simple to use and allows officers and others to take instant, high-quality
photographs that are ideal for tire tracks, shell casings, and other physical evidence
recordings and forensic close-ups. Tools, such as electronic measuring tapes, a laser pointer
used for determining bullet trajectory paths, a metal detector, and other devices, will assist
officers in the field in the collection and analysis of evidence at major crime scenes.
The department plans to improve communications capability and enhance officer safety in
undercover operations and for bicycle officers. A body wire for undercover work by officers
and detectives ($6,700), radio headsets for the bicycle team members ($5,600), and upgraded
cell phones ($6,000) will be purchased. The body wire will be utilized for drug operations,
property crime stings, and child exploitation and pornography cases. Similar to motorcycle
officers’ equipment, the radio headsets for the bicycle team members incorporate safety
features that allow riders to communicate with dispatchers and other officers without
removing their hands from the bike. The department also plans to upgrade its fleet of cellular
telephones to a newer generation of digital phones. The voice quality of the newer phones
is superior to the department’s current equipment, has a longer battery life, and incorporates
many new features such as the capability to receive pages, e-mail texts, and standby modes
to receive calls when the phone is off.
RESOURCE IMPACT
In compliance with State requirements, the City has an established Asse~ Seizure Fund in
which monies are deposited. Funds totaling $22,000 will be expended from the Asset
Seizure Fund.
POLICY IMPLICATIONS
Expenditure of funds is consistent with State regulations and City policy.-
ENVIRONMENTAL REVIEW
This is not a project subject to California Environmental Quality Act (CEQA) requirements.
CMR:299:98 Page 2 of 3
PREPARED BY:
DEPARTMENT HEAD:
Pete Hazarian, Police Administrator
PATRICI~DW~CER
Chief of Police
CITY MANAGER APPROVAL:
~Y ~SON
Assistant City Manager
CMR:299:98 Page 3 of 3