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HomeMy WebLinkAbout11/04/1997, 4 - MANAGEMENT OF UNCLAIMED PROPERTY council -Nov. 4, 7 acEnaa uEpout CITY OF SAN LUIS O B I S P O FROM: James M. Gardiner, Chief of Police Prepared By: Dan Blanke,Lieutenant Cyt.$ SUBJECT: MANAGEMENT OF UNCLAIMED PROPERTY CAO RECOMMENDATION Introduce ordinance to print amending Chapter 3.32 of the San Luis Obispo Municipal Code, providing for the disposition of unclaimed bicycles and toys, and bringing Section 3.32.020 into compliance with State law. DISCUSSION The Police Department receives approximately 5000-6000 items of evidence and property annually. These items must be stored within very limited space. California Welfaze and Institutions Code Section 217 grants authority to cities to adopt an ordinance to provide that any bicycles or toys which have been unclaimed for a period of at least 60 days may be turned over to certain organizations for the purpose of juvenile delinquency prevention. During the September 1997 auction of unclaimed property, a total of 45 bicycles were sold, many for less than $5 each Many of the bicycles had been stored for up to six months, in space badly needed for storage of other items. Adoption of Section 3.32.040 of the Municipal Code would allow the City to remove unclaimed bicycles and toys of relatively little value from storage after 60 days. Bicycles and toys of significant value could still be retained for auction. Donation of repairable items would benefit the City, as well as the youth of the community. Amendment of Section 3.32.020 of the Municipal Code will bring it into conformity with California Civil Code Section 2080.4. Civil Code states that the time period within which unclaimed property may be sold at public auction after coming into the possession of the Police Department is three months. The Municipal Code currently sets this time period at four months. CONCURRENCES The City Attorney's Office concurs with this recommendation. FISCAL IMPACT The only direct fiscal impact associated with adopting this ordinance would be the loss of revenue from the auctioning of bicycles and toys of very little value. Total loss is anticipated to be less than $100 annually. However, gaining the ability to remove items from storage more quickly will result in improved,more efficient property management. Council Agenda Report-Management of Unclaimed Property Page 2 ALTERNATIVES • Take no action This would allow the City to continue to sell all unclaimed bicycles and toys at auction. However, donating relatively worthless items to organizations for juvenile delinquency prevention arguably puts them to better use. Because of this, as well as the fact that the donations would result in opening up needed storage space and improving property management procedures, this alternative is not recommended. Attachments 1 -Ordinance(legislative draft) ORDINANCE NO. (1997 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 3.32 OF THE SAN LUIS OBISPO MUNICIPAL CODE,AMENDING SECTION 3.32.020 AND ADDING SECTION 3.32.040 PERTAINING TO MANAGEMENT OF UNCLAIMED PROPERTY WHEREAS,the San Luis Obispo Police Department receives numerous items of evidence and property annually which,pursuant to state law,must be stored for a period of time prior to disposal at auction; and WHEREAS,the current provisions of San Luis Obispo Municipal Code Section 3.32.020 are not in conformity with California Civil Code Section 2080.4; and WHEREAS,the City would like to donate certain unclaimed bicycles or toys to certain organizations for the purposes of juvenile delinquency prevention; NOW, THEREFORE,BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 3.32.020 is hereby amended to read as follows: "3.32.020 Sale at auction—Notice required. "Pursuant to Section 2080.4 of the California Civil Code the police department is authorized to sell at public auction to the highest bidder all unclaimed property which has been in the possession of the department for a period of at least three months upon notice of such sale, given by the chief of police at least five days before the time fixed therefor,by publication once in a newspaper of general circulation published in the city." SECTION 2. Section 3.32.040 is hereby added as follows: "3.32.040 Donation of bicycles or toys. "Pursuant to Section 217 of the California Welfare and Institutions Code any bicycles or toys or both in the possession of the police department which have been unclaimed for a period of at least 60 days may instead of being sold at public auction to the highest bidder be turned over to the county probation officer,to the county welfare department, or to any charitable or non profit ouaization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency." SECTION 3. A summary of this ordinance, together with the names of council members voting for and against, shall be published at least five (5)days prior to its final passage, in the Telegram-Tribune,a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30)days after its final passage. �3 OlVinanceNo. (1997 Series) Page Two Introduced ands passed toprint.by,the Council of the City of San Luis Obispo at its meeting held on the_ day-of September, 1997; on, motion of seconded'by - - and.on the following roll call vote: - - -- -_ — — _ AYES: NOES: ABSENT: Mayor Allen k. Settle ATTEST: City Cleric Bonnie Gawf APPROVED: City Attorney Je$'Jor - gensen ORDINANCE N0. (1997 Series) "ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 3.32 OF THE SAN LUIS OBISPO MUNICIPAL, CODE, AMENDING SECTION 3.32.020 AND ADDING SECTION 3.32.040 PERTAINING TO MANAGEMENT OF UNCLAIMED PROPERTY WBEREAS, the San Luis Obispo Police Department receives numerous items of evidence and property annually which, pursuant to state law, must be stored for a period of time prior to disposal at auction; and WHEREAS, the current provisions of San Luis Obispo Municipal Code Section 3.32.020 are not in conformity with California Civil Code Section 2080.4; and WHEREAS, the City would like to donate certain unclaimed bicycles or toys to certain organizations for the purposes of juvenile delinquency prevention; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 3.32.020 is hereby amended to read as follows: "3.32.020 Sale at auction—Notice required. "Pursuant to Section 2080.4 of the California Civil Code the police department is authorized to sell at public auction to the highest bidder all unclaimed property which has been in the possession of the department for a period of at least three months upon notice of such sale, given by the chief of police at least five days before the time fixed therefor, by publication once in a newspaper of general circulation published in the city." SECTION 2. Section 3.32.040 is hereby added as follows: "3.32.040 Donation of bicycles or toys. "Pursuant to Section 217 of the California Welfare and Institutions Code, any bicycles or toys, or both, in the possession of the police department, which have been unclaimed for a period of at least 60 days may, instead of being sold at public auction to the highest bidder, be turned over to the county probation officer, to the county welfare department, or to any charitable or non-profit organization for use in any program or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exemptfrom income taxation under fede or state law, or both, for use in any program or activity designral ed to prevent juvenile delinquency." SECTION 3. A summary of this ordinance, together with the names of council members voting for and against, shall be published at least five(5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30) days after its final passage. Ordinance No. (1997 Series) Page Two Introduced and passed to print by the Council of the City of San Luis Obispo at its meeting held on the day of September, 1997, on motion of the following roll call vote: seconded by and on AYES: NOES: ABSENT: Mayor Allen K. Settle ATTEST: City Clerk Bonnie Gawf APPROVED: i o y J Jor en F U R D E PROPER �,1 AGENDA CONSTRU �'tl`9G DATE ii-114/0' ITEM #.�--- P.O.Box 412 Grover Beach,CA 93483 FAX(805)481-3925 (805)481-0752 October 30, 1997 Bonnie L. Gawf City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 RE: ZONING MAP CHANGE-3600 BROAD STREET I am writing to comment on the City Council Public Hearing regarding a Zoning Map Change for 3600 Broad Street. I am an owner of the property at 3485 Sacramento Drive. We oppose the"No Parking"along Sacramento Drive and Capitolio Way. We feel that this parking is important to the businesses that operate along these Streets. My office has received many calls from tenants and other property owners complaining of the decision to ban this parking. Furthermore,this area hardly seems a safe place for bike lanes. I have made numerous phone calls and I have written regarding this issue. A copy of my Iast letter is attached. Please keep me informed of future meetings and decisions regarding the"No Parking/Bike Lane"along these Streets. Sincerely yours, <z Brad Forde FORDE PROPERTIES BF/af K-EGE:IVED fyr.Gu: Ci! DD DIR fell% ❑FIN D19 I 0 3 1997 d ICA) ❑FIRE CHU N©V i ;TTORNEY [I PW DIR CLERK OLERKI 11 POLICE CHF ❑ G t TEAMEAM ❑AEC DIR ❑UTIL DIR 00 0 PERS DIR F O R J E P R O P E T 1 E S P.O. Box 412 + Grover Beacli, Califortiia 93483 + (805)481-0752 April 4# 1997 City of San Luis Obispo Administrative Offices 990 Palm Street San Luis Obispo# CA 93401 RE: APN 053-231=021 Gentlemen: We wish to go on record as being opposed to the "No Parking" along Sacramento Drive and Capitolio Way: We were informed that notice of the "No Parking/Bike Lane" had been bent out to all concerned property owners+ We received NO NOTICEI When we asked for information concerning the original notice of this proposed change none could be found. Had we been informed of this parking change we would have definitely objected to it: Furthermore# we feel an industrial area such as this hardly seems a safe place for bike lanes. We would appreciate being informed of any future meetings regarding the "No Parking/Bike Lane" along these Streets: Sincerely# CAPITOLIO PARK EST Brad Forde