HomeMy WebLinkAbout11/18/1997, C-12 - FINAL PASSAGE OF ORDINANCE NO. 1330 jcouncil "Nov. 1$ 1997
ac,Enaa Repout i�
CITY O F SAN LUIS O B 1 S P 0
FROM: James M Gardiner, Chief ofPolic �
Prepared by: Dan Blanke,Lieutenant p9b
SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1330
CAO RECOMM ENDATION
Grant final passage to Ordinance No. 1330 providing for the disposition of unclaimed bicycles and
toys, and bringing Section 3.32.020 into compliance with State law.
DISCUSSION
On Tuesday,November 4, 1997, the Council voted unanimously to introduce Ordinance No. 1330 to
Print to (1) provide that any bicycles or toys received by the Police Department 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, and (2) 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.
Although this ordinance authorizes the donation of items to charitable organizations, bicycles and toys
of significant value will still be retained for auction. Ordinance No. 1330 is now ready for final passage
and will become effective thirty days after the date of its final passage.
ATTACEMEM
Ordinance No. 1330
, /a-l
ORDINANCE N0. 1330 (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 UNCLAl1VIED 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:
"332.040 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 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.
0 1330 �/�
Ordinance No. 1330 (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 4th day of November1997, on motion of
Council Member Williams seconded by Council Member Smith and on
the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None J
Mayor Allen . Settle
ATTEST:
ity Clerk Bonru�fiawf i
APPROVED:
Aio J Jor en