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HomeMy WebLinkAboutAgenda Report - November 2, 1988 (46)C'OUN`CIL` C O M M U N'F C R T I 0'Pd TO: THE CITY COUNCIL FROM: THE CITY MANAGERS OFFICE COUNCIL MEETING DATE NOVEMBER 2, 1988 SUBJECT: DELIVERY OF UNCLAIMED TOYS AND BICYCLES TO THE UNITED STATES MARINE. CORPS "TOYS FOR TOTS" CAMPAIGN PREPARED BY: City Attorney RECOMMENDED ACTION: The U. S. Marine Corps' "Toys For Tots" campaign, working in conjunction with the San Joaquin County Department of Aging, Childrens' and Community Services, has requested that the City Council consider turning over to the toy drive all unclaimed bicycles and toys held by the Lodi Pclice Department, in lieu of selling these items at auction, as has been done in the past. Under Welfare and Institutions Code § 217, the Council may, by ordinance, turn over all unclaimed toys and bicycles held by the Police Department for more than 60 days to nonprofit organizations to be used "... in a program or activity designed to prevent juvenile delinquency." The County department of Aging, Childrens' and Community Services appears to. meet all criteria specified in the statute, thus satisfying the requirements - stated that the organization to which the toys and bicycles are turned over. be nonprofit, and that the toys and bicycles be used in a program designed to prevent juvenile delinquency. I believe there is adequate justification, if the Council desires to do so, to utilize the provisions of § 217 to authorize the delivery of the toys and bicycles for distribution i n conjunction with the Marine Corps' "Toys 'For, Tots" campaign. However, since the Welfare and Institutions code section specifies that the Council must act by ordinance, if it wishes to approve the proposal, t he Council should act by urgency ordinance, in order to allow the delivery of the toys in time for Christmas. Otherwise, the final adoption of the trdinanc.e would not occur u n t i 1 December, which would probably not allow timely delivery of the items. Respectfully submitted, BOB McNATT _A -CITY COUNCIL THOMAS A. PETERSON City Manager _ F JAMES W. PtNKERTON. Jr.. Mayor' T o ) 1 JOHN R (Randy) SNIDER ALICE M REINICE Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET My Clerk DAVID M. HINCHh4AN CALL BOX 3006 130(3 MGNATT EVELYN %t. OLSON LODI. CALIFORNIA 95241-1910 City Attorney FRED 10. REI D (209) 334-5634 TEEECOPIER : (209) 333.6795 November 3, 1988 Phillip J. Suchecki First Sergeant U. S. Marine Corps CO B (REIN), 4th LSB, 4th FSSG AFRIC, P. 0. Box 215 Lathrop, CA 95330 Dear Sergeant Suchecki : L Eulosed for, your ,files is a certified copy of Ord nance No. 1441 entitled, "An Urgency Ordinance Of The Lodi City Counci Directing That Unclaimed Bicycles and Toys Be Turned Over To The Univ d States Marine Corps' 'Toys for Tots! ' Campaign" which was adoptedb; the Lodi City Council at its regular meeting of November g g 2. 19RR_ Should you have any questionsregard ng this matter, please do not hesitate to.cal 1. this Office. �J~.ry ..truly youxs, - Alice M. Reitache City .Clerk- .. r AMR: ' JJ _ r '3 =r-,,-, "`. t'r -e ni 5^2�, s xs,�,f -k �Y-'�s--' r'.• `^��; J : � l k i t h , r r -N WHET -AS, the City Council is authorized, pursuant to Welfare and Institutions Code § 217, to direct the Lodi Police Department to turn over to a nonprofit organization, certain unclaimed bicycles and toys in its possession; and WHEREAS, the United States Marine Corps, working in conjunction with the San Joaquin County Department of Aging, Childrens' ` and Community Services, has requested that unclaimed bicycles and toys held C. The progravi or activity for which such bicycles and toys are delivered is designed to prevent juvenile delinquency. CRf TTON I The Lodi Police Department is hereby directed to turn over to the United States Marine Corps' "Toys For Tots" campaign, all bicycles and toys presently in its possession which have been unclaimed for more than sixty days. SECEON 3. All ordinances and parts of ordinances in conflict herewith -.are repealed ,;in sofar as such conflict may exist. A ttest : ALICE M. RE MCHE City Clerk 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. 1441 was adopted as an urgency ordinance at a regular meeting of the City Council of the City of Lodi held November 2, 1988, and was thereafter passed, adopted and ordered to print by the following vote: Ayes : Council Members - Hinchman, Olson, Snider and Pinkerton (Mayor) Noes : Council Members - None Absent: Council Members - Reid Abstain : Counci 1 Members - None I further certify that Ordinance No. 1441 was approved and signed by the Mayor on the date of its passage and the same has been, published. pursuant to law. ALICE M. RE MCHE Citv Clerk