HomeMy WebLinkAbout1998-12-07 City Council (12)City of Palo Alto
City Manager’s Rep°rt 4
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:DECEMBER 7, 1998 CMR:445:98
SUBJECT:APPROVAL OF EXPENDITURE OF ASSET SEIZURE FUNDS
RECOMMENDATIONS
Staff recommends that Council approve expenditures in the amount of $10,400 from .the
Asset Seizure Fund to cover costs for six undercover radios and a frequency scrambling
device to be used for undercover surveillance operations. Additionally, staff recommends
that funds in the amount of $5,600 previously approved for the purchase of bicycle headsets
be used instead for the purchase of new bicycles.
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.
CMR:445:98 Page 1 of 3
DISCUSSION
Currently, the Asset Seizure Fund totals approximately $40,000. In August 1998, Council
authorized expenditures in the amount of $22,000 to enhance evidence collection
equipment; and to increase communications between officers, investigators, dispatchers and
the public with additional and improved communication equipment. Of that $22,000, staff
originally proposed to spend $5,600 for radio headsets for the bicycle officers. Since
receiving Council approval,however, staff has learned that there are previously unknown
problems with the headsets and thus, has elected not to purchase them. Instead, staff
proposes to use the $5,600 for the purchase of new bicycles. These bicycles will be used by
the Downtown Health and Safety Officers and for covert enforcement operations.
Additionally, the Police Department proposes spending $10,400 for the purchase of six
undercover radios and a frequency scrambling device for the body transmitters and
undercover radios. This will provide additional security for radio transmissions and increase
officer safety.
RESOURCE IMPACT
In compliance with State requirements, the City has an established Asset Seizure Fund in
which monies are deposited. If the staff recommendation is approved, $30,000 will remain
in the fund.
POLICY IMPLICATIONS
Expenditures of funds are consistent with State regulations and City policy.
ENVIRONMENTAL REVIEW
This is not a project subject to California Environmental Quality Act (CEQA) requirements.
PREPARED BYi Torin G. Fischer, Police Lieutenant
CMR:445:98 Page 2 of 3
DEPARTMENT HEAD:
PATRICK DWYER
Chief of Police
EMILY !kAKRIS~--~ -
Assistant City Manager
CMR:445:98 Page 3 of 3