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HomeMy WebLinkAboutItem 4.03 Muni Code Amend Ch 2.40 CITY CLERK File # D~l1J[QJ-[Z][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 4, 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 ATTACHMENTS: 1) Ordinance 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 2) June 5, 2007 Agenda Statement 3) June 5, 2007 Minutes RECOMMENDATION: 1) ~2) Review Staff Report; . Waive reading and ADOPT the Ordinance 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 (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. At its November 6, 2007 meeting, the City Council introduced an ordinance to amend Chapter 2.40 and to add a definition to Section 1.04.020. ------------------------------------------------------------------------------------------------------------- COpy TO: Page 1 of 4 ITEM No.4. 3 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' sexisting 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 onan established schedule 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. 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. 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 Propertv.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 Although the existing ordinance does not allow for return of lost money or personal property to the finders of such property, 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. The proposed ordinance the Council considered on June 5, 2007 added a provision allowing for claims by finders but required publication of notice of the found property by the finder. The provisions regarding "finders" do not apply to City employees who find property in the course of their employment. At the June 5 meeting, the Council requested Staff to revise the draft ordinance to allow for notification on the City's website rather than publication. Staff has revised the draft ordinance to allow for notification on the City's website if the value of the item is less than $250, consistent with Civil Code c2~Lf section 2080.3. However, section 2080.3 requires publication, paid for by the finder, before an item worth more than $250 can be released to a finder, if not claimed by the owner. The proposed ordinance has been revised to reflect these provisions. In particular, the City would post notice of found items on its website, indicating where the City's "Lost and Found" is located, and ifno owner appears within 90 days to claim the property, the City Manager will release the item to the finder if the value is less than $250. If the value is more than $250, at the request of the finder and payment of publication costs, Staff will publish notice in a newspaper of general circulation regarding the found property and 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 ofthe City's storage charges, ifthere are any. The City Manager would determine the value of found property. Employees, independent consultants and contractors for the City who find property in the course of their duties may not claim property under this provision. These provisions are all consistent with and required by Civil Code section 2080.3. 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 of the 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. This provision does not apply to unclaimed money in the Evidence Room maintained by Dublin Police Services. Section 50050 would apply, for example, to monies to be refunded to someone where there is no known address or the refund is returned for an insufficient address. For example, Staff may be unable to locate the applicant for a development project which is completed in order to refund excess monies held by the City for that project; in that case, the monies would be deposited into the City Treasury and would be subject to 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 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 valut; may be destroyed unless some other disposition of such property would serve the public interest. J~4 Proposed Addition of Definition for the Term "County" Finally, the proposed Ordinance would amend the section of the 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. "Lost and Found" City staff will maintain a "Lost and Found" in the Police Services building. RECOMMENDATION: Staff recommends that the City Council: 1) Review Staff Report; 2) Waive reading and ADOPT the Ordinance 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 (Attachment 1). q c;f. it IOOij3 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.MUNICIP AL CODE RECITALS WHEREAS, pursuant to California Civil Code Section 2080 et seq., theCity 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, s~e and destruction of unclaimed property within the City; WHEREAS, the City Council desireEl 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 of the 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, Aallunclaimed property found in this Ceity whose ownership is unknown or unclaimed shall be delivered to, and held and disposed of by the City Manager, as herein provided. 2.40.020 Retention period. All such unclaimed property described above shall 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 ManagerChief of Police shall attempt to ascertain the owner of such unclaimed Page 1 of 4 ATTACHMENT! ! 2-/Uf/tJ 7 if. a /l ~'--J c;I. t> ~~ 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 Ghie:f and payment of the costs herein provided. 2.40.040 Claims bv finder. A. Unclaimed nropertv with a value of l~ss than $250 received hv the Citv from a person who has found it and who has turned it over to the Cil',1 mav be claimed bv such finder 1fl:10 owner appears and proves oVlnershiD within 90 days. 'Such claim shall be made fl.) the CitY' l'vlanaQ:cr in writinu no latcr than 120 days after the nronertvis received bv the City. B. Unclaimed mopenV' with a value of$250 or more received bv.the ('iry from a person who has found it and who has turned it over to theCitv mav be claimed bv such finder if no o\vner appears and proves o\vnershiD \-vithin 90 dcl'Vs. Such claim shall be made to the CitvManager in writing: no later thEm 120 days after the Draper!" is recei\'ed by the City. aloI1!I with payment to the City of the cost of pubLicatiori of a notice of the found DNpertv in a newsnaper of Qencral circulation.. vvhich notice the ~jtv Manager shall then_publish. If the Dropeliv remains unclaimed bv the owner for an additiorlal tenllQl davsfrorn the date of suchJ2ubjica'tign.~he C'lty ~v'lamw:er shall !ransfer the property to the f'indeL.ill?on pavmeilt to the City of storaQ:e costs as Dt'ovided in Section 2.40,050. C. 'rhe ell'" Mamw:er shall determine the value of unclaimed proper!\' for Pll!::poses of subsections A and B above. D. This section shall not aUDlvwbere the unclaimed propert\' was found in the performance of duties by an emplovee of the Cit\'" or anv person nerforminQ services f(Jr the eit\' as a consultant or indenendent contractor- or ,vhere the finder i.s a Derson 12I9bibited bv ia\\' from DossessinQ suchJ2IQ12:.:::rtv.. 2AO.04~0 Storage charges. The City ('ound lM~nagcr 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 oflocating 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. 2.40.0~0 Disposition of automobiles. Any unClaimed automobiles shall be disposed of as provided in California Vehic1e Code Section 22851.2 et seq. 2.40.070 DisDosition of money Any unclaimed money held in the treasury of theCitv shall be disposed of pursuant to Page 2 of 4 .Q I~) ;;) 0/:;; :> Section 50050 of the Government Code. 2.40.06~0 Disposition ofstalcn er emhezzled property subject.to state or.federallaw. Stolen or embezzled property, weapons and narcotics shall be disposed of in accordance . with applicable state or federallawlJl property described in Section 1411 of the California Penal Code which comes into the possession of the Chief ofPolice.~4alI~e disposed ofb)' the Chief of Poliee in the manner pro~:idcd in this chapter. .. - 2.40.0~20 Public auction. j - A. I( after a period of at least within four (4) months (or three (3) months, in the case of bicycles), or after the expiration of the periods set ff)rth in Section 2.4(l.()40, such property remains unclaimed or the charges thereon have not been paid, the City Manager shall have the administrative authority to may sell the unclaimed property same at public auction. whether held by the City or provided throUlzh 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 . monetarv 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 Countyof the city or if there is no such official ne~vYspaper, 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 andn~ed not be sold. 2.40.()8GIOO Proceeds of sale. All proceeds from such sales shall be deposited in the general fund ofthe 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 p'art 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. Page 3 of4 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. PASSED, APPROVED AND ADOPTED this _-day of , 2007. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Fawn Holman, City Clerk 881808_5; 114.1015 Page 4 of 4 Lf6() 13 ". CITY CLERK . File # O[i][[)IlJ.[ZJLll] F:r.J.....; 1'7. ~ t u:/ 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 ofthe Dublin Municipal Code RECOMMENDATION:. ~ 1) 2) 3) 4) 5) Recei ve Staff presentation;, Open public hearing; Receive public testiinony; 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 of the 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: ".,...- - --- StfRpt Unclaimed Property-to RCA.D,OC; 114.1015 ATTACHMENT 2 City's Authority to Regulate Procedures Relating to Unclaimed Property i.... <1 1'-' .... - tit () r "J Pursuant to California Civil Code Section 2080.6, any public agency, including cities, mayadopt' 0 ....'"' reasonable regulations for the care,. restitution, sale or destruction of unclaimed property in its possession, subj ect 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 Seption 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 si~ations 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 ina 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 recentlyreported 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 fora 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 if no owner appears within the City's retention period of four rnonths (or three months for bicycles) to claim the prop~rty, the finder of the property may 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 7 rfl. 1-:2:> finder, upon payment of storage charges. However, employees, independent consultants and contractors L) 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 no~ subject to its provisions. (See section 2.40.070.) Rather, unclaimed money is held in the City Treasury pursuant to Section 50050 of the Government Code, which provides that unclaimed money that"reinains 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 federa11aw. 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 ptoposed 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 I 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 c1arifiesthat unclaimed property that, in the determination of the City Manager, has no monetary value, m~y be des~oyed 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 of the DMCthat 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 of the Dublin Municipal Code Relating to Unclaimed Property and Adding a Definition to Section 1.040.20 of the Dublin Municipal Code (Att3.chm~t 1). .(; J 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 of the 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 unlmown 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 shall 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 ~er designee Chief oEPolioe shall attempt to ascerta~ the.ow:r:ter I . -~. It t;\ (j1~1.J 3 v J": cttYb 13 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 desi~ee Gmef'. and payment of the costs herein provided. 2.40.040 Claims bv fmder. 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 withi.D. the period set forth in section 2.40.020. Such claim shall be made in writing prior to the expiration of the period set forth in section 2.40.020. Upon satisfactory proof that 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 if the 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~OfStorage 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 9f 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.~20 Disposition of automobiles. AJ.1y unclaimed automobiles shall be disposed of as provided in California Vehic1e Code Section 22851.2 et seq. 2.40.070 Disposition of money AJ.1y unclaimed money shall be held in the treasury of the City pursuant to Section 50050 of the Government Code. 2.40.06~O Disposition of stolc.~B. or embezzled property subject to state or federal law . Stolen or embezzled property. weapons and narcotics shall be disoosed of in accordance with applicable state or federallaw"^Jl property d.escribed in Section 1411 of the California Penal Code '.vhich comes into the possession of the Chief ofPolioo shall be disposed afby the Chief ofPolioe in the manner pro~:ided in this chapter. to rSb I 2.40.0+20 Public auction. A. If after a period of at least vdthin 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 J:'ftaY 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 ll?-_lilWful . - - 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 ofPolioe shall give notice ofthe time and place of sale, describing the property, by publishing such notice one (1) time in tho offioiaJ ~ newspaper of general circulation published in the Countyofthe city or iftllere is no such offioiaJ l'lcr\vspaper, the posting of said Botiee in at least t.hreo (3) public places in the oity, 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.G8DI00 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 of the 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. ~J: '" 1!~ 1':1, '-' PASSED, APPROVED AND ADOPTED this --"- day of , 2007. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Fawn Holman, City Clerk 881808_4; 114.1015 .. 12c>b 13 ORDINANCE NO. 13 - 07 APPROVING A PLANNED DEVELOPMENT REZONE AND STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-;021 & 986-0016-~~2..__ P A 06-026 and ORDINANCE NO. 14 - 07 APPROVING A DEVELOPMENT AGREEMENT FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 Adopted (4.6 600-30) RESOLUTION NO. 77 - 07 APPROVING CONSULTING SERVICES AGREEMENT WITH ASSOCIATED ENGINEERING CONSULTANTS, INC., FOR CONSTRUCTION INSPECTION SERVICES Approved (4.8 300-40) the Warrant Register in the amount of$1,356,193.70. ,- ----+ PUBLIC HEARINGS Public Hearing Amendment of Dublin Municipal Code Chapter 2.40 Relating to Unclaimed Property and Addition of Definition for the Term "County" to the Dublin Municipal Code Section .04.020 8:22 p.m. 6.1 (610~20) DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING June 5, 2007 PAGE 204 . ATTACHMENT 3 f31J i? Mayor Lockhart opened the public hearing~ Administrative Analyst Amy Cunningham presented the Staff Report and advised that a comprehensive. update of the Dublin Iviunicipal Code (DMC) was currently underway. This would be the first review of Chapter 2.40 which established regulations relating to . unclaimed property; clarifying procedures for retention and disposition of property whose ownership was unknown or unclaimed and that had been delivered to the City to be held . and disposed of by the City. These proposed revisions provided clarification and ensured compliance with state law. .' . Mayor Lockhart asked if there is an easier method for property to be claimed by the finder without a newspaper publication. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of, Vm. Hildenbrand seconded by Cm. Oravetz and by unanimous vote, the Council directed Staff to revise the ordinance establishing a Lost and Found for property ( turned in to City Staff, and that a notice could be published in the City website. These '. items wouldtl:?e held for four months then listed in the City's Website Lost and Fomid. . . After 10 days; of the Website publication, the item would be turned over to the fmder if the property is not claimed. . Public Hearing Adoption of Rates for Garbage Collection, Disposal, and Recycling Services Provided by Amador Valley Industries (A VI) and Establishine the 2007-2008 Annual Assessment 8:38 p.m. 6.2 (810-30) Mayor Lockhart opened public hearing. DUBLIN CITY COUNCIL MINUTES VOLUNIE 26 REGULAR MEETING June 5,2007 PAGE 205 .