HomeMy WebLinkAbout2001-06-12; City Council; 16223; Electronic Auction Of Unclaimed PropertyCITY OF CARLSBAD - AGENDA BILL dT
AB# ibtaa3 TITLE: INTRODUCTION OF ORDINANCE TO AMEND
MTG. b-I%o 1 SECTION X30.070 OF THE CARLSBAD MUNICIPAL CODE CITY ATTY @ I DEPT. PCH I TO PROVIDE FOR THE ELECTRONIC AUCT!ON OF UNCLAIMED PROPERTY I CITY MGR. ‘%-
RECOMMENDED ACTION:
Introduce Ordinance No. @-FjO, amending Section 3.30.070 of the Carlsbad
Municipal Code to provide for the Electronic Auction of Lost and Unclaimed
Property.
ITEM EXPLANATION:
In .June 1991, the City Council last amended the lost and unclaimed section of
the Carlsbad Municipal Code to reflect the changes in State law concerning the
disposal of lost and unclaimed property held in custody by the police department.
Since that time, the City has participated in the San Diego County’s Cooperative
Auction to dispose of both City surplus property and lost and unclaimed property
held by the police department. Due to the expansion of the County’s
Communication Center, the amount of space available for the Cooperative
Auctions has decreased considerably and the County has limited the types of
items that agencies can send to their auctions. Because of these restrictions,
there is a need to develop alternative methods of disposing of the lost and
k? unclaimed property to meet the State requirements for auctioning these items.
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2 Currently, Chapter 3.30 of the Carlsbad Municipal Code does not allow for the .
&i electronic auction of lost and unclaimed property. With the increased use of
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electronic commerce by the public and private sectors, staff feels it appropriate
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to provide for the possibility of electronically auctioning lost and unclaimed
property.
cl 8 The recommended changes to the Carlsbad Municipal Code will expand the T.l 8 methods of auctioning to include the use of the Internet for the sale of lost and
a7 unclaimed property held by the police department.
k” 4J 3 l-l FISCAL IMPACT:
‘0” 5 8 If the recommended amendments are adopted, there will be no additional costs
to the City.
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EXHIBITS:
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Ordinance No. Nss-ao
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ORDINANCE NO. NS-5g0
2 AN ORDINANCE OF THE CITY COUNCIL dF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING, SECTION 3.30.070 OF THE
CARLSBAD MUNICIPAL CODE TO PROVIDE FOR THE
4 ELECTRONIC AUCTION OF LOST AND UNCLAIMED PROPERTY
5 The City Council of the City of Carlsbad, California does
6 ordain as follows:
7 WHEREAS, Chapter 3.30 of the Carlsbad Municipal Code provides for the
8 disposition of lost and unclaimed property by public auction; and
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WHEREAS, Chapter 3.30 of the Carlsbad Municipal Code does not
11 currently allow for the electronic auction of lost and unclaimed property; and
12 WHEREAS, recent restrictions enacted by the San Diego County
8 g! mulo, yz-; %H 13 Cooperative Auction have limited the City’s ability to send all of its lost and unclaimed
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items to the auction; and
9 15 &$p WHEREAS, with the increased use of electronic commerce by the public 0 g:&- pi2 16
aE2 and private sectors, the City Council of the City of Carlsbad desires to provide for the
c-5 l7 ci 18 electronic auction of lost and unclaimed property,
19 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
20 Carlsbad, California, as follows:
21 SECTION 1: That the above recitations are true and correct.
22 SECTION 2: That Section 3.30.070 of the Carlsbad Municipal Code is
23 amended in its entirety to read as follows:
25 “3.30.070 Auction Procedure
26 The purchasing officer, on behalf of the police chief, shall authorize a public
auction at least once each year, or more frequently if, in the judgment of the police
27 chief, it is necessary for the more immediate disposition of lost or unclaimed property.
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Ordinance No. Ns-590 page 1 of 2
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The date of a public auction shall be not less than five days following the publication in
a newspaper of general circulation in the city, printed and published in the county, of a
notice of the sale at public auction of lost and unclaimed property. The public auction
may, but is not required to be conducted over the Internet. Property purchased at
public auction shall not be reclaimable by the original owner.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 12th day of June , 2001, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of , 2001, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
Ordinance No. Ns-590 page 2 of 2
LORRAINE M. WOOD, City Clerk
(SEAL)
3.30.070 Auction Procedure
The purchasing officer, on behalf of the police chief, shall authorize son&x4 a
public auction at least once each year, or more frequently if, in the judgment of the
police chief, it is necessary for the more immediate disposition of lost or unclaimed
property. The date of a public auction shall be not less than seven five days following
the publication in a newspaper of general circulation in the city, printed and published in
the county, of a notice of the sale at public auction of lost and unclaimed property.&
e. The public auction
may, but is not required to be conducted over the Internet. pProperty purchased at
public auction shall not be reclaimable by the original owner.