HomeMy WebLinkAbout2002-07-15 City Council (12)City of Palo Alto
C ty Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
JULY 15, 2002 CMR:334:02
APPROVAL OF EXPENDITURE OF ASSET SEIZURE FUNDS
IN THE AMOUNT OF $26,000 FOR THE PURCHASE OF GAS
MASKS
RECOMMENDATION .
Staff recommends that Council approve expenditures in the amount of $26,000 from the
Asset Seizure Fund to cover the purchase of gas masks.
BACKGROUND
The California Health and Safety Code governs the seizure and forfeiture of property
associated with drug trafficking. Seizure typically occurs during arrest or service of search
warrants related to the sales of narcotics, when Palo Alto police, officers may recover
property, drugs and cash to be used as evidence during prosecution. 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 law enforcement
agencies are held by the District Attorney’s Office in a special account until the related
case(s) are adjudicated.. The process of seizing funds 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, seized funds are returned to the law
enforcement agencies. Legislation mandates that these funds are not to be used to defer
normal operating expenses or supplement the General Fund, but should be used for. special
purchases and projects associated with law enforcement activities. For the City of Palo
Alto,-these funds are deposited into a special Asset Seizure Fund and, with City Council
approval, released for expenditure purposes. In the past, Council has approved the
expenditure of asset seizure funds for the pu.rchase of such items as a crime scene/accident
measuring device, .identity theft software and Automated Fingerprint Identification Software
(AFIS).
CMR:334:02 Page 1 of 3
DISCUSSION
Currently, the Asset Seizure Fund totals approximately $31,000. The Police Department
proposes spending $26,000 for the purchase of gas masks. In the aftermath of September
11, law enforcement agencies across the counta’y are being called upon to be better prepared
to respond to terrorist threats, including events such as the recent anthrax and other bio-
terrorism threats. Although bio-terrorism is not a threat that the Palo Alto Police
Department has had to face in the past, it is a very real possibility. As first responders, it is
vital that the Department be well prepared both in terms of training and equipment. In
order to provide for the highest level of officer safety, the Police Department plans to
purchase personal gas masks for all sworn officers. While the Department purchased gas
masks some years ago, they have become obsoletel The use of these new masks requires
that each officer undergo a pulmonary exam, and that a mask fitting and seal test be
performed on each individual mask. The total Cost for one mask, including the pulmonary
exam and seal test, is approximately $305. As this equipment is not something that had
previously been included in the Department’s operating budget, staff proposes using
$26,000 in Asset Seizure funds for the .purchase of 85 masks. The additional $4,500 needed
to purchase masks for the remaining officers will come from unexpended COPS grant funds.
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, a $5,000 balance will
remain.
ENVIRONMENTAL REVIEW
This is not a project subject to CEQA requirements.
PREPARED BY:
Police Administrator
¯ CMR:334:02 Page 2 of 3
DEPARTMENT HEAD:
Chief Of Police
CITY MANAGER APPROVAL:
EMILY HARRISON "-
Assistant City Manager
CMR:334:02 Page 3 of 3