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Home My WebLink About6.1 MuniCode Amnd Term Def ... CITY CLERK File # D[i][l]~-[%]~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 5, 2007 SUBJECT: Amendment of Dublin Municipal Code Chapter 2.40 Relating to Unclaimed Property and Addition of Definition for the Term "County" to Dublin Municipal Code Section 1.04.020 Report Prepared by Elizabeth H. Silver, City Attorney Paul Rankin, Administrative Services Director, Amy Cunningham, Senior Administrative Analyst and Leah Peachey, Associate Attorney ATTACHMENTS: 1) Ordinance Amending Chapter 2.40 of the Dublin Municipal Code Relating to Unclaimed Property and Adding a Definition to Section 1.040.20 of the Dublin Municipal Code RECOMMENDATION:. 1) /I L(Y'" 2) (\!/V' 3) 4) 5) Receive Staff presentation; Open public hearing; Receive public testimony; Close public hearing and deliberate; Waive reading and INTRODUCE the Ordinance Amending Chapter 2.40 of the Dublin Municipal Code Relating to Unclaimed Property and Adding a Definition to Section 1.040.20 of the Dublin Municipal Code (Attachment 1). FINANCIAL STATEMENT: None. DESCRIPTION: The existing Dublin Municipal Code (DMC) Chapter 2.40 relating to unclaimed property sets forth the procedures relating to retention and disposition of all property whose ownership is unknown or unclaimed and that has been delivered to the City to be held and disposed of by the City Manager, or his or her designee. As part ofthe comprehensive update to the DMC, Staffhas reviewed Chapter 2.40 and proposes revisions for purposes of clarification and to ensure compliance with state law (Attachment 1; the "Unclaimed Property Ordinance"). COPY TO: Page 1 of3 ITEM NO. to ./ StfRpt Unclaimed Property--to RCA.DOC; 114.1015 .. City's Authority to Regulate Procedures Relating to Unclaimed Property . Pursuant to California Civil Code Section 2080.6, any public agency, including cities, may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession, subject to certain requirements set forth in the Civil Code. Pursuant to this authority, the City's existing regulations provide that unclaimed property shall be held by the City for at least four months, except that unclaimed bicycles shall be held for at least three months, and that storage charges based on an established schedule (pursuant to Civil Code SCftion 2080.1(b)) may be assessed to the owner upon restoration to the owner. If the property remains unclaimed after three or four months, as applicable, the City Manager may hold a public auction and sell the property to the highest bidder, after publishing proper notice of such auction. However, if the City Manager determines that any such property is needed for public use, it may be retained by the City if it goes unclaimed, and need not be sold at auction. The City Manager generally delegates administration of the unclaimed property ordinance to Dublin Police Services. It should be noted that the majority of unclaimed items retained by Police Services are the result of various police activities. For instance, property acquired during arrests and execution of search warrants often goes unclaimed. A much smaller percentage of unclaimed items have been turned in by citizens and/or have been lost by the legal owner. Additionally, the City's past practice has been to contract with a reputable, professional auction company to provide auction services. In the future, the City may consider the use of Internet auction services, which are currently used by several public agenCIes. Proposed Amendments to Unclaimed Property Ordinance The proposed Unclaimed Property Ordinance would make the following amendments: Identity of Owner The existing ordinance requires the City to attempt to ascertain the owner of all unclaimed property. In other words, under the existing ordinance, the City must attempt to ascertain the owner of a sweatshirt left at a City park and delivered to the City. The proposed Unclaimed Property Ordinance would limit the requirement to ascertain identity to situations when the identity of the owner is reasonably ascertainable (i.e. wallet with identification, or identifying mark on property). For example, unclaimed bicycles with a legible serial number are queried in a criminal justice database to determine if the registered owner of the property can be identified. Additionally, local stolen property records are reviewed to determine if any property matching the description of the bicycle has been recently reported as stolen. Claims by Finder The existing ordinance does not allow for return of lost money or personal property to the finders of such property; however, the City's current practice is to return such property to a finder under certain circumstances. Return of property to a finder provides an incentive to the finder to turn over found property to the City in order for a good faith effort to be made in identifying the owner of the property. Thus, the proposed Unclaimed Property Ordinance adds a provision allowing for claims by finders. The proposed Unclaimed Property Ordinance provides that ifno owner appears within the City's retention period of four months (or three months for bicycles) to claim the property, the finder of the property may 213 publish notice in a newspaper of general circulation regarding the found property. If no owner appears to claim the property within 10 days from the date of publication, the City shall transfer the property to the finder, upon payment of storage charges. However, employees, independent consultants and contractors for the City who find property in the course of their duties may not claim property under this provision. Unclaimed Money The proposed Unclaimed Property Ordinance clarifies that unclaimed money is not subject to its provisions. (See section 2.40.070.) Rather, unclaimed money is held in the City Treasury pursuant to Section 50050 ofthe Government Code, which provides that unclaimed money that remains unclaimed in the City's treasury for three years becomes the property of the City, subject to certain noticing requirements set forth in Section 50050. Disposition of Property Subject to State or Federal Law The existing ordinance provides that stolen or embezzled property shall be disposed of pursuant to the City's regulations. However, California Penal Code Section 1411 sets forth alternate disposition procedures under County authority for stolen or embezzled property. In addition, the disposition of weapons and narcotics are governed by state and federal law. Thus, the proposed Unclaimed Property Ordinance provides that disposition of stolen or embezzled property, weapons and narcotics shall comply with state and federal law. Clarification of Authority The existing ordinance alternates oversight responsibilities between the Chief of Police and the City Manager. The proposed Unclaimed Property Ordinance would vest oversight responsibility solely with the City Manager, or his or her designee. In addition, the proposed Unclaimed Property Ordinance clarifies that the City Manager has administrative authority to call and notify the public of a public auction to dispose of unclaimed property, and to dispose of or destroy any property remaining after such auction. This amendment would obviate the need for the City's past practice of obtaining City Council approval prior to a public auction of unclaimed property. In addition, the proposed Unclaimed Property Ordinance clarifies that unclaimed property that, in the determination of the City Manager, has no monetary value, may be destroyed unless some other disposition of such property would serve the public interest. Proposed Addition of Definition for the Term "County" Finally, the proposed Ordinance would amend the section ofthe DMC that provides the general definitions for the entire DMC to include a definition for the term "county," which shall mean the County' of Alameda, California. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open public hearing; 3) Receive public testimony; 4) Close public hearing and deliberate; 5) Waive reading and INTRODUCE the Ordinance Amending Chapter 2.40 ofthe Dublin Municipal Code Relating to Unclaimed Property and Adding a Definition to Section 1.040.20 of the Dublin Municipal Code (Attachment 1). 3 ~3 tD~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.40 OF THE DUBLIN MUNICIPAL CODE RELATING TO UNCLAIMED PROPERTY AND ADDING A DEFINITION TO SECTION 1.04.020 OF THE DUBLIN MUNICIPAL CODE RECITALS WHEREAS, pursuant to California Civil Code Section 2080.6, the City of Dublin ("City") may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession, subject to certain requirements set forth in the Civil Code; and WHEREAS, the City of Dublin Municipal Code Chapter 2.40 provides regulations for the care, restitution, sale and destruction of unclaimed property within the City; WHEREAS, the City Council desires to amend these regulations to clarify the regulations and ensure that the regulations conform to current law; and WHEREAS, the City Council desires to set forth the definition of "County" in Dublin Municipal Code Section 1.04.020. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 2.40 ofthe Dublin Municipal Code is revised as follows, with deletions indicated in strikethrough and additions indicated in underline: 2.40.010 Disposition of property-Generally. Except as otherwise provided in this chapter. Aall unclaimed property found in this Ceity whose ownership is unknown or unclaimed shall be delivered to, and held and disposed of by the City Manager or his or her designee, as herein provided. 2.40.020 Retention period. All such unclaimed property described above shail be held by the Ceity for a period of at least four (4) months, except that unclaimed bicycles shall be held for a period of at least three (3) months. 2.40.030 Restoration to owner. The City Manager or his or her designee Chief of Police shall attempt to ascertain the owner } ::I-te-M# ,./ ~ /5 '07 Ivlf,'r Page 1 of 4 ATTACHMENT 1 ;('bt of such unclaimed property. ifhis or her identity is reasonably ascertainable. and shall restore the same to him or her, if found, upon proof of ownership satisfactory to the City Manager or his or her designee Gffief and payment of the costs herein provided. 2.40.040 Claims by finder. A. Unclaimed property received by the City from a person who has found or saved it and who has turned it over to the City may be claimed by such finder if no owner appears and proves ownership as set forth in section 2.40.030 within the period set forth in section 2.40.020. Such claim shall be made in writing prior to the expiration ofthe period set forth in section 2.40.020. Upon satisfactory proofthat the finder has published. after the expiration of the period set forth in section 2.40.020. a notice of the found property in a newspaper of general circulation published in the City at his or her sole expense. and ifthe property remains unclaimed by the owner for an additional ten (10) days from the date of such publication. the City shall transfer the property to the finder upon payment of costs as provided in this chapter. B. This section shall not apply where the unclaimed property was found or saved in the performance of duties by an employee of the City. or any person performing services for the City as a consultant or independent contractor. or where the finder is a person prohibited by law from possessing such property. 2.40.04~0 Storage charges. The City Manager shall establish a schedule of storage charges for property held as herein provided, based upon the amount of space and care required to preserve the property, but . small articles held for short periods may be restored to their owner without charge. Record shall be kept of the actual cost of locating the owner of such property, including advertising costs, if any. Such charges and costs shall be paid to the Ceity by the owner as provided above. 2.40.OS20 Disposition of automobiles. Any unclaimed automobiles shall be disposed of as provided in California Vehicle Code Section 22851.2 et seq. 2.40.070 Disposition of money Any unclaimed money shall be held in the treasury ofthe City pursuant to Section 50050 of the Government Code. 2.40.0e~0 Disposition of staleD or embezzled property subiect to state or federal law. Stolen or embezzled property. weapons and narcotics shall be disposed of in accordance with applicable state or federallaw}..ll property described in Section 1411 ofthe California Penal Code v/hich comes into the possession of the Chief of Police shall be disposed of by the Chief of Police in the manner provided in this chapter. Page 2 of4 3ti 2.40.0+~0 Public auction. A. If after a period of at least within four (4) months (or three (3) months, in the case of bicycles) such property remains unclaimed or the charges thereon have not been paid, the City Manager or his or her designee shall have the administrative authority to may sell the unclaimed property same at public auction. whether held by the City or provided through an auction service. to the highest bidder for cash in lawful money of the United States. except that unclaimed property that. in the determination of the City Manager. has no monetary value. may be destroyed unless some other disposition of such property would serve the public interest. B. The City Manager Chief of Police shall give notice of the time and place of sale, describing the property, by publishing such notice one (1) time in the official ~ newspaper of general circulation published in the Countyofthe city or ifthere is no such official newspaper, the posting of said notice in at least three (3) public places in the city, at least five (5) days before the time fixed for the sale. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the administrative authority of the City Manager. If the City Manager determines that any such property is needed for a public use, such property may be retained by the Ceity and need not be sold. 2.40.08t)1 00 Proceeds of sale. All proceeds from such sales shall be deposited in the general fund of the Ceity. Section 2. The following definition is added to Section 1.04.020 ofthe Dublin Municipal Code, and all other provisions of Section 1.04.020 shall remain in full force and effect: "County" means the County of Alameda, California. Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. Page 3 of4 . L/:1J f PASSED, APPROVED AND ADOPTED this _ day of ,2007. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Fawn Holman, City Clerk 881808_4; 114.1015 Page 4 of 4