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Home My WebLink AboutAgenda Report - October 4, 1989 (59)k� '='�'-"rY'>"s;5,.x._.��+..:��.-.s..�>va..c',�`rwr.,.-�m+^:�r��,r,,•.�.,,.rev.;'K%:e.:�'.scaa�c•...:.a�n;.'',x,.�.�>:.sn�*r,:3?�!'.rmr:xr�.n-wr.�:�.w.-,,.,>a�.:.-,......wcU�w:s�..w�x+o.. :;�.......:.._.�.._...�-_. �.`_. COUNCIL C0MMUNICA(70N TO: THE CITY COUNCIL FROM: THE CITY MANAGER'S OFFICE DATE NO October 4, 1989 SUBJECT: AMENDMENTS TO LODI MUNICIPAL CODE SECTION 3.24.010, 3.24.020 AND 3.24:040 REGARDING';; THE RETENTION OF LOST OR UNCLAIMED PROPERTY. it is requested that the Lodi City Council introduce Ordinance #1462 amending . Sections`3.24.010, 3.24.020, and 3.24.040 of the Lodi Municipal Code pertaining to the recent' n of { t r �- - �o os o. unclaimed proper,y. Please refer to an attached memo from Captain Jerry Adams and a sample Ordinance p►'Gpared by City Attorney Bob McNatt. Respectfully submitted, r 1'" Floyd. A. Wi 11 lams 3 Chief df -Po I ice. T� �T r � ' - - To: From: L 0 D I P 0 L I C E D E P A R T M E N T M e in o r a n d u in Floyd A. Williams Chief of Police Captain Jerry J. Adams property for three (.3) months. Respectfully Submitted, ow Captain Jerry J. Adams Services Division Commander JJA/dg Date = Augitst 2-5, IM Subject; Bicycle Storage PR-OBLFA Bicycles and other unclaimed property c�ntinues.tq 17 pose storage problems. The bicycle:storage areamis full and additional eviden e and property storage space is under construction in the basement.'.: ISSUES: State law requires the Rgency to 'retain evi.d'p- fiJ 'd* final prior to, and during court .,,:.procee Ins unt :: disposition. The C i v iA Code re'quAresan,:age IC 0 retain unclaimed p;opetty for�.,a-period of':at L6T-' ' ', 2' io 6 80 4;CC three (3) months, refer to section (Attached). The Lodi Municipal Code requires our .°agency to. retain unclaimed propo;ty for a period'of at'. east :' six (6) months, refer 'to section 3:24.010 : LCC (Attached). DISCUSSML- As the City of Lodi grow s, and storage space declines it is impera-t-2— streamline our property retention policies. As state law guides property retention requirements we need not place additional burdens by storing property longer than required. SOLUTION: Amend Lodi Municipal Code to change section 3.24.010 to require the retention of unclaimed property for three (.3) months. Respectfully Submitted, ow Captain Jerry J. Adams Services Division Commander JJA/dg ,,'� %�k '+.+a-ict ...' ...4 ,n.. �, a'. :wwxt .. .;ara.�.' .. .Fn. .:rte H.v*..k¢.'Fs,'.46^ .. .. ., rn.l .�.a �'P �V..nw,va.c�.las.:...�. t^,,yn-+�m*vPm.J4*n •n. r..w..... J § 2080.3 LOST AND UNCLAIMED PROPERTY Div. 3 Historical lute The I970 amendment provided that title shall vest if no owner appears "and the person who found or saved the property pave the cost of such publication'; and added the last sentence in the first para- graph. The 1971 amendment added mkd. (a) des- ignation: required repottedvalue of S25 or more (nor $50 or ma: ; see 1977 amend - men t mend•ment note) in subd. (a); and added subd. (b). The 1917 amendment increased the mon- ey amount flan S25 to S50 in two places. See West's California Code Forms. Civil. § 2080.4. Local regulations Former § 20803. added by Stats -1951. c. 656, p. ISM, § 2. amended by Stats -1953. 603, p. 1847, § 3, retating to valuation and 3P description lists by appraisers. w -s repealed by Stats -1967, C. I512, p. 3601. § 2. Derivation: Former § 1S71, enacted 1572, amended by Stats.1905, c. 453, p. 614, §2. Former §§ 2080:5.2080.6, added by Sots. 1951, a 656, P. 1wi, , § 2. Forms Notwithstanding the provisions of Section 2080.3 or Section 2060.6, Lhe legislative body of any city, city and county, or county may provide by :ordinance for :the care, restitution, sale or destruction of unclaimed property in .. a possession of:the,,police department of such city or city -and' county, or of, the sheriff of such .ounty, Any city, city and count-, or county adopting`such an ordinance`.hall rrovide therein (1)that such unclaiiimed=:nropertr shall be held by the police department or sheriff for a pen4d 4 at;least three: months, acid (2) that thereafter such properrti ' i {-':will lie.sold af=:pub{lic auction to the highest bidder, with notice of such being given by the chief of police or sheriff at least five days befor, _ tiie::time. fixed therefor by publication once in a newspaper of general ` +elrculagCn published in the county, or that thereafter such property mill Y be transferred to the local government purchasing and stores agency or other similar agency for sale to &.e public at public auction. if such property is'transferred to a county purchasing agent it map be sold in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale, of surplus personal property_. If property is transferred to the local governmentpurchasing and stores agency or other similar agenci pursuant to this section, such property shall not be redeemable by the owner or other person entitled to possession. If the local government purchasing and stores agency or other similar agency determines that ` any suet, property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold. (Added by Stats.19V, c, 1512. p. 3601, § 3. Amended by Stats.1969, c. 857, 1). 1WJ, § 1; Stets.198$, c. $79, 9 1.; :.t 42G M 3.24.020 Auction sale. 3.24.030 Redemption prior to sale. 3.24.040 Valueless property— Perishable property. 3.24.050 Safekeeping charge. 3.24.010 Retention for six months. Any unclaimed property in the cus- tody of the police departmQnt of the city shall be kept by the department under lock and key in a place accessible only to authorizer, members of the department for a period of at lea -t six months from the date on which the property came into the custody of the department. All such unclaimed property shall be tagged or otherwise marked to show date received and from whom or how received. A record shall also be maintained by the police department settingforth the above data, a description ofthe property and its disposition. (Prior code § 13-1) 3.24.020 Auction sale. At Fuch times as the chief of police may determine necessary, so much ofthe unclaimed property in the custody of the police department which has been held for more than six months shall be sold at publicauction, the timeand place ofsuch sale to be published at least five days before the sale in the newspaper of gcn- eial circulation to which the city council has awarded the contract for publication of legal notices required by law to be published in a newspaper of general cir- culation. The auction may be held and conducted by the chiefofpolice or by any person selected by him to conduct the same. Sales must be for cash, at least ten perce u t of t he a m o u n t bid deposited with f3 3.24.0 10 - thebid. the balance to be paid on delivery of the article sold. All saics are final with. no right ofredemption unless specifically provided by law. The chiefofpoliceor the person designated by him may give the buyer a bill of sate describing the artic!e sold, the amount paid and the date of sale. All moneys received as proceeds of the sale shall'Le deposited with the direc- tor of Cifinance to the credit of the general. fund of the city. (Prior code § 13-2) 3.24.030 Redemption prior to sale. All unclaimed property in the custody of the police department is 'Subject to'- redemption, o ..redemption, beforeits.sale as provided in: the preceding section. by;_its Ieg:,I"owner; or his authorized representative, upon proofofownership and proper identnica tion. (Priorcode § 13-3). 3.24.040 Valueless property-- Perishable property. Unclaimed property of no monetary value may be destroyed. by the chief of police with cons--ntpf the city manager. Perishable property may be sold without notice and the proceeds thereof held for the benefit of the legal owner'for at least six months, when. if such proceeds are unclaimed, they shall be paid into the city treasury as in the case of sales of other property. (Prior code§ 13-4) 3 24.050 Safekeeping charge. The owner of any property coming into the custody ofthe police department as unclaimed may be assessed a reason- able charge for the safekeeping thereof. If it be necessary: hat thesnme be placed for safekeeping in a warehouse. the owner shall be liable for the total amount ofthe i "3.24.040 Valueless Property -- Perishable Property. "Unclaimed property of no monetary value may be destroyed ' f by the Chief of Police with consent of the City Ma ager. F Perishable property may be sold without notice and the proceeds sin State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No.1462 was introduced at a regular meeti ng of the City Counci' of the City of Lodi held October 4, 1989 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held by the following vote: y a t -2- -3-