HomeMy WebLinkAboutItem 13a - Amending the Arcadia Municipal Code concerning Found Property
DATE: October 1, 2019
TO: Honorable Mayor and City Council
FROM: Stephen P. Deitsch, City Attorney
Darlene Bradley, Director of Library and Museum Services
SUBJECT: ORDINANCE NO. 2362 AMENDING ARTICLE IV, CHAPTER 3 OF THE
ARCADIA MUNICIPAL CODE CONCERNING FOUND
PROPERTY
Recommendation: Introduce
SUMMARY
The City’s current ordinance concerning lost and found items is outdated. The
proposed Ordinance would amend the Municipal Code by reducing from six (6) months
to five (5) weeks the required period for retention of money, and lost and found personal
property. The proposed Ordinance would also continue the requirement of depositing
found money and personal property with the Chief of Police for retention and return to
rightful owners, but would now also allow for personal property, other than money,
found in the Arcadia Public Library (the “Library”) to instead be deposited with, retained
and returned to the rightful owner by the Director of Library and Museum Services.
Finally, the proposed Ordinance would allow for personal property not successfully
auctioned, or otherwise having an estimated value of under five hundred dollars ($500),
to be donated to a charity located within the City or within 20 miles of the City’s
boundary, as approved by the City Manager. Reports of money or property disposition
would continue to be filed with the Administrative Services Director. All money not
returned to the rightful owner, and proceeds from a successful auction of personal
property, would continue to be deposited with the Administrative Services Director for
placement in the General Fund. A copy of the Library’s policy concerning lost and
found items would be posted at the Library.
BACKGROUND
The Library recently reviewed its lost and found policy and discovered that it conflicts
with the City’s existing ordinance regarding retention and disposition of found money
and property. This spurred a general review of the current City ordinance regarding
Ordinance No. 2362 concerning Found Property
October 1, 2019
Page 2 of 3
property found on or in any City property or facilities. The review revealed a need to
update the ordinance to make it applicable to both the Library, and other City facilities
and public places. Regarding the Library, retention of personal property for six (6)
months is impractical, and in any event, most items left behind in the Library are articles
of clothing, sippy cups, textbooks, musical instruments, keys and phones – things that
would not typically generate interest at auctions required by the current ordinance for
property held at least six (6) months. Most items at the Library are retrieved by their
owners within a few days, but many items are unclaimed.
The Library has generally deposited with the Police Department cash and items of a
relatively high value, such as jewelry, consistent with the current ordinance. But the
Library has held other items of lesser value for only three (3) weeks before donating
them to a local charitable organization. While the Library’s process has apparently
served the City and its patrons well, it is inconsistent with the current City ordinance.
Library staff determined that because of the large volume of unclaimed items, space
considerations have come into play, especially if items must be retained under the
current ordinance for up to six (6) months. In addition, referring Library patrons to the
Police Department for retrieval of personal property of lesser value is inconvenient.
While addressing the Library’s practices and concerns, City staff determined that it
would be worthwhile bringing forward an amendment of the current ordinance to apply
not only to the Library, but to money and personal property found by City officers and
employees at other City facilities and public property.
DISCUSSION
Ordinance No. 2362 would amend Article IV, Chapter 3 of the Arcadia Municipal Code
to provide for the retention of personal property by the City for five (5) weeks instead of
six (6) months. It would also permit the Library to retain and ultimately dispose of items
of personal property, other than money which would still be deposited with the Police
Department, having a reasonably estimated value of under five hundred dollars ($500).
It would permit the Chief of Police and the Director of Library and Museum Services,
upon the approval of the City Manager, to donate unclaimed personal property to a
generally recognized and reputable charitable organization in or within twenty (20) miles
of the boundary of Arcadia.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
Ordinance No. 2362 concerning Found Property
October 1, 2019
Page 3 of 3
FISCAL IMPACT
There would be no significant fiscal impact as a result of this Ordinance being adopted.
RECOMMENDATION
It is recommended the City Council introduce Ordinance No. 2362 amending Article IV,
Chapter 3 of the Arcadia Municipal Code concerning Found Property.
Attachment: Ordinance No. 2362