HomeMy WebLinkAbout0484.095,
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City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCiL
FROM: CITY MA.lI!AGER DEPARTMENT: CJ1YMANAGER
AGEI'IDA DATE: Novembtor 13, 1m CMR:~:95
SUBJECf: Disposioon of V"claimed Bicycles
REQUEST
The Council is asked 10 amend the = in which the City disposes of unclaimed bicycles.
RECOMMENDATIONS
It is recommended that the Council approve the attached orolIl8llce amending Seaion
2.31.040 oCthe Pale Aho Municipal Code 10 allow the City Manager 10 withhold from sa.1e
al publi<: auction cetfain unclaimed bicycles, which may be Illn>"..d over to authorized
charitable or oon-prolit organizations 10r use in programs or activities designed 10 prcv..-.t
juYenile delinquency.
POucy IMPIJCATIONS
The Municipal Code cwrently provides !hal uncl:ilined bicycles shall be handled in the same
manner as all other lost. stolen, abandoned or otberv.ise unclaimed property (except motor
vehicles) which comes into the possession of the police department. Ifuncl.imed after.
specified period of time, such properly is sold .t public auction to the highest bidikr. A
provision was added 10 the California Welfare and Instilutioos C<>de in \9\\6 which gave
Ioc&I governments the option of donating unclaimed bicyeJes or loy5 fu< II5e in programs
designed 10 prevenl delinquency. Although it is nol mandated thaI the City exercise !his
option. the City Manager and the City Council have been encouraged by one DOil-proflt
«ganizatioo 10 do so.
EXECUTIVE SUMMARY
Anne O"N eiII of the Major r ayior C)'C!ing Club approached the City several months ago,
requesting that the City make its unclaimed bicycles available 10 the club. The Major Taylor
C)ding Club is • non-profit organization formed fu< the purpose of providing eycling
ac\ivj!k,s and equipment fcc use by low-income youth and families in the communities
served by the Ravenswood. Sequoia Union, and Palo Alto Unlfied scboot <f\Slricts. The club
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condu<:ts • bike mechanics t!'aining program in conjunctioo w;th an adopt-a-bike program;
it offers low-income youth an opporrunity 10 earn free bikes if they complete a Cour>e on
bicycle repair. The club also empbasizes safe bicycling practices by means of weekly
ocganized bike rides. • safety video, and • helmet program.
The City was lJruIble \0 comply with the club's req=;I because the Mur.icipal Code does 001
authoriu the dispositioo ofWlCIa1med bicycle< in that mann«. The Code does give the City
Manager tile authority \0 dispose of property which remains unsold aft.er a public auctloll and
is olno use 10 the CiIy; however, in the case cfbicycles, oonc remain. The experience is thet
bicycles 001 pwcllased by individuals are bought up by Joe by bicycle dealers. The BUctloo
is • popular even! and many riders obtain bicycle< that way_
The program offered by the Major T oylor Cycling Club is currently unique in the immediate
Palo Alto area, although !.'>ere are counterparts elsewhere in the natiorL Several IocaJ
organizations repair biC)'cles and dooate them 10 disadvantaged youtb, but that is different
from involving the recipient in octuaIIy learning the siems of repair and maintenance.
To date, the club has concentrated its eflOrt.s in East Palo Alto. Opportunities 10 expand the
bicycle ~ training program intt> Palo Aho neighborhoods. e.g., the Ventura Center and
other community centers, as well as incorporating it in the • After School 0utIet~ program
offered al1he two middle schools, are being pla..",ed by the Department of Cocnmwrity
Selvices.
Guidelines for the process by which the disp05itioo of ulldalmed bicycle< will be handled
by the City Manager and staff have been drafted and are attached. The guidelines will assure
that organizations requesting WlCIa1med bicycle< are appropriately evaluated and responded
to equitably_
FISCAL IMPACT
All proceeds from the pubEc auctioos of unclaimed and surplus propeTt)' are dep05ited!o the
credit ol1he City's general fund. Typicany, 100-150 bicycle< go \0 auction every six to eight
1IlOO1hs. The cooditioo, and therefore the \'a!1re, of the biC)'cle< varies Widely. A rC\iew of
the manifest of the most recent auctioo held in May I99S showed that US bicycle< were
. sold, at bids ranging from 5.50 10 $11 5.00. lbe average price was $1 S.39 with moce than SO
percent of the bikes scumg for under $5.00 each. The loss 10 the general fund would depend
00 the percentage ofunclaimed biC'jcles which the City Manager wi1hbolds from iuctioo;
based on the quantity and value of these bicycles at the most recent auction, and assuming
two auctions • year, this could mean a loss of as much as $4,000 a year. The proposed
guidelines lOr implementing this program indicate that 001 an bi..-ycles should be dooated 10
the program; therefore, the imp",""! 00 the general fund will be le<s.
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ENYJRONM£NHL ASSESSMENT
The propc$ed manner klr clisposition of unclaimed bicydes is Il(J( • project UlIdet Ih<:
CaIi1O<nll EnvirorunentBI Qu.aIlty Act; therefore, DO en virorunental .. sessment is required.
4U""lfMiKtS
I. QrdinOl)(;~ of the CooIIcil of the City of PlIlo Alto lIIlleMing Se..--tioa 2.31.040 of
Ch~ 2.31 ofT!Ue t ofth. Palo Alto MUllicip;tJ Cook relating 10 dispos!t>on of
"""lllimed ~rty <>Ih« 1lwl v.hick:s.
CITY MANAGER APPROY AL:
co. Anne O'Neill. Major Taylor Cy~!ing Club
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0Ri) INk'<CE NO.
ORDINANCE OF THE COUNCIL OF THE CiTY OF PALO ALTO
AMBNDJNG SECTION 2.31.040 OF CHAPTER 2.31 OF TITLE
2 OF THE PALO ~LTO MUNICIPAL COOl! RELATING TO
DISPOSITION OF UNCLAIMED PROFERTY OTHER THAN
VEHICLES
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Th~ Coun<:il of tbe Cit)~ of Palo Alto does ORDAIN as
follows:
~£CTrON 1. SectiOQ 2.31.C40 of the Palo ~to MJnicipal Code
is hereby amended to read as follows:
2.31.C40 DisI>Osition of =c:1almed property otller t!lan
vel:L1eles.
{ai If the owner or person entitled to the possession of
tbe property fails to claim the property~ except unclaimed
bicycles z within six months z or if an unclai~ed bicycle~ ~~thin
trrree months I and fails to pay the charges and fees established for
saving and storage of the same¥ the police deparcment may sell such
property to the highest bidder at p-.wlic auction. Nctice of su,ch
sale shall be given at least five days before the time fixed
therefor by p-uh1.icaticn. -ooce in a ne.,.;spaper of general circulation
published in the city. The noeice shall give the time and place of
such sale and generally describe t.he property to be sold ~ The city
manager may authorize the use of unclaimed property for 'City
purposes as provided in California Civil Code. section 2aaO~( and
Q3,lifor.:qj.a Penal -Code Section 141L as a.mended~
{b} Each fiscal, year l t.he-City Manager may wit.:t.hold from
sale at public auction a number of the unclai~d bicycles with a
c~lative value of not more than $S .. OO'D~ and t.urn over S:-ucb
up.<:laimed bicycles to any n1..lI!'il:;..er of charitable or nonprofit
organizations. ~hich are authorized under their articles of
~~ration to participate, in, p.rograt!'-s or activities designed to
-prev:ent -jt.&-venile delinquency and 'Wbich are exen~,t from. fedezal and:
~ta;e,income taxation~ for use,~n ~y program or' activity designed
~~ -pi:eVe~t juvenile deli.nquency .. :" A written repc>rt, of the IllUT'ber of
~:tlC'~ai.med bicycles -that are rithhe1d _ from. sale at public aucti.:>n
~ ,dooat'ed t.o charitable or riooprofit organizations shall :be made
aIm,)ally by ~he City Manager ~o the City .Councll.
SECTIQN 2~ The City Council finds that the passage of this
ordinance -vill have no significant effect on the enviror.ment. and~
therefore, no environmental review is required under the California
Environmental Quality Act.
ZECTIQN 3. ?ursuant to Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective on the
thirty-first day after its adoption.
INTROOUCED:
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PASSED:
AYES:
ATTEST:
City Clerk
APPl10VED AS 'l'O rom,
Se~ior AsSt4 City Attorney
2
APPROVED,
Deputy City Manaqer-. --
~~ioi$trative Se~ices
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e A 17 ACHMENT 2
Effective: December 28. 1995
GUlDELThi'ES FOR DISPOSITION Of UNCLAIMED BICYCLES
(In compfWlC< .. ith P AMC Scc.2.31.040)
I. AJ the discn:ti0!1 of the City Manager or her designee, certain unclaimed bicycles and bicycle
parts, which otlJerwise would be sold at pubEc auction; may be ma<k aV311able fuc use in
prognms designed to prevent jl'''.ru;c de!inquency.
2. Bicycles to be diverted \0 these programs sbBII be within the fair-ID-po<l< condition categOl)'
which are jndged 10 be IOpOirabte. (EKpellSive bicycles in good-~.ccneDI ronditioo shall
conlin ... 10 be offered at auction.)
3. An organizatioD llllIY apply to the City Manager fuc • portion of the unclaimed bicycles, if it
provid<'i documentation thai it meets the fonowing criteri.:
Lis. CWfomi. Don-f,rOO! 5& I (c)3 pubUc benefit corporation in good standing;
b. is exempt from federal oed slate income laXation;
c. is autl!orized onder its arti<:les of incorporatioo to pariidpate in • program or activity
designed \0 prevent juvenile dermquency.
4.. 1k procedures fuc Iraosferring the designated unclaimed bicycles to the eligible
orgaciz;Won(s) in<;lude:
a. the Police 1Jepal1ment, ..mcb is responsible foc the storage of unclaimed property, wai
initiate the transfer by contacting the eligible organizations when the sIOOlge ~ is fWI
and/or when the City is preparing to send property to auction;
b. the ponce Departmem will determine ..mel! bicycles meet the criteria fuc diversion 10
Ibis program;
c. the non-profit organization is responsible fuc the pickup, Ir.itlSpOrt and subsequent
SIOOlge of the bicycles;
II. the organization', representative will sign. receipt documenting the transfer.
$_ The anocation ofllDClaime.l bicycles \0 eligible Doc-profit organizations will be further guided
by the funowing:
L the program is compatible with those provided by the Community Services Depanment;
b_ the program oc activities will be presented at • location or in • manner thai will facilitate
participation by Palo Aho area yo~
c. the program will endeavor to have all bicyck.lkenscd b) \heir new OwneD.
6. Toe City Manager or ber designee sba!I report annually \0 Couocil on the number ofbicycles
that are withheld from auction and donated 10 coo-profit organizations..