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HomeMy WebLinkAboutItem 12c - Amending Municipal Code concerning Found Property DATE: October 15, 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: Adopt SUMMARY At its regular meeting on October 1, 2019, the City Council, by a vote of 5-0, introduced, as amended, Ordinance No. 2362 amending Article IV, Chapter 3 of the City of Arcadia Municipal Code concerning Found Property. Attached is a copy of Ordinance No. 2360, and the October 1 City Council staff report. RECOMMENDATION It is recommended the City Council adopt Ordinance No. 2362 amending Article IV, Chapter 3 of the Arcadia Municipal Code concerning Found Property. Attachments: Ordinance No. 2362 October 1, City Council Staff Report 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FOUND PROPERTY Recommendation: Introduce SUMMARY The City’s current ordinance concerning lost and found items is outdated.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