Chapter 36 — CITY POLICIES

For the purpose of posting notices when required by law the three most public places in the city shall be and are located as follows:

• (A) The United States Post Office on Santa Fe Street between Second and Third Streets.

• (B) On the front of City Hall on Santa Fe Street at Third Street.

• (C) The Library on Santa Fe Street.

• (`67 Code, § 1-11-1) (Ord. 2, passed 8-1-22)

• (D) The front of the Community Center on Santa Fe Street.

• (Ord. 2008-014, passed 10-13-08)

(A) Use prohibited. It is hereby unlawful for any person, corporation, or entity to use the Official Seal of the city or the official logo of the city, as reflected hereinbelow, for political campaign purposes without the express prior written consent of the City Council.

• (Am. Ord. 2008-014, passed 10-13-08)

(B) Exception. It is not the intent of this chapter to prohibit nor is there a prohibition established by any provision of this chapter against the City Council from using the official seal of the city or the official logo of the city when acting in its official capacity in furtherance of official or authorized city business in furtherance of city goals, policies, programs or political support for or against issues, measures, initiatives or referendum of local, statewide or national concern.

(`67 Code, § 1-14-1)

(C) Definition. For the purpose of this section, the following definition shall apply:

POLITICAL CAMPAIGN PURPOSE. Influencing or attempting to influence the action of the electorate for or against:

(1) Any nomination or election of a candidate, as candidate is defined by Cal. Gov't Code § 82007;

(2) The qualification or passage of any local, state, or national measure, initiative or referendum which use is made by candidate or supporter.

(`67 Code, § 1-14-2)

(D) Exception; Council consent; finding required. Before the City Council may grant consent, pursuant to this chapter, the Council shall make a finding that such use is not for official city purposes in that it is ruled to a candidacy or the qualification of, or passage of, a local, state, or national measure, initiative or referendum.

(`67 Code, § 1-14-3) (Ord. 91-16, passed 1-13-92)

(A) Civil code provisions apply. The city elects to be governed by the provisions of Cal. Civ. Code § 2080-2080.9 with respect to unclaimed property.

(`67 Code, § 7-13-1)

(B) Unclaimed property.

(1) Any unclaimed property shall be held by the Riverbank Police Services Division for a period of at least four months, except bicycles which may be held for three months.

• (2) Thereafter such property will be sold at public auction to the highest bidder.

(3) Notice of such sale shall be given by the Sheriff's Commanding Officer at least five days before the time fixed for the public auction by publication once in a newspaper of general circulation published in the county in which the property is found.

• (4) Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the city.

(5) If the city determines that any such property is needed for a public use, such property may be retained by the city and need not be sold. Any unclaimed bicycles or toys which are unclaimed for a period of at least three months may be turned over to the Probation Officer or to the Welfare Department of Stanislaus County for use in any program of activities designed to prevent juvenile delinquency.

(`67 Code, § 7-13-2) (Ord. 76-3, passed 2-9-76)

• (C) Disposition of surplus property.

(1) No vehicles, equipment, materials and other items that become surplus to the city and owned by the city shall be disposed of except after approval by the City Council and in accordance with the procedures set forth in this section.

• (2) The following procedure(s) shall be used for the disposal of city property:

(a) 1. Each department director shall submit to the Finance Director, at such times and in such forms as the Director prescribes, reports showing all commodities and equipment that are no longer used or that have become obsolete or worn out.

2. The Finance Director has the authority to sell or otherwise dispose of all commodities and equipment that cannot be used by any department, or that have become unsuitable for city use, or to exchange the same for, or trade the same in on, new commodities and equipment.

(b) The Finance Director shall prepare a combined inventory of all surplus items, and forward a copy to the City Manager.

(c) The City Manager shall make a copy of the inventory, prepare a report, and place the item on the City Council agenda, requesting approval to dispose the inventory items.

(d) Upon approval by Council, disposition may include abandonment, destruction or donation to public bodies, charitable, civil or nonprofit organizations in the city.

1. Sales procedures may include negotiated sales, acceptance of sealed bids or public auction.

2. Services of a paid auctioneer may be used, as appropriate.

(e) Annually, the City Clerk will send a letter to all nonprofit agencies in the city, and publish in the local newspaper the procedures for disbursing surplus items to nonprofit agencies.

1. The City Clerk shall keep a list of the nonprofit agencies interested in receiving surplus items.

2. Once City Council approves any item(s) surplus, the City Clerk will forward a letter to all interested nonprofit agencies listing the surplus item(s).

3. Items will be disposed on a first-come, first-served basis.

(f) All monies received from the sale of surplus items shall be promptly deposited in the fund accounts of the city according to the city code.

(3) No city employee, nor a member of the immediate family of a city employee, may purchase any item from the city at auction or by sealed bid.

• (a) As used herein, CITY EMPLOYEE shall mean and be construed as any person employed by the city and elected officials of the city.

• (b) As used herein, IMMEDIATE FAMILY OF EMPLOYEE shall mean and be construed as the spouse, children and parents of any employee.

(4) No person acting on behalf of a city employee shall purchase any unclaimed or surplus property from the city at auction or by sealed bid.

(`67 Code, § 7-13-3) (Am. Ord. 78-16, passed 10-9-78; Am. Ord. 2006-013, passed 11-27-06)

(A) Pursuant to the authority contained in Cal. Gov't Code § 935, the following claims procedures are established for those claims against the city for money or damages not now governed by state or local laws.

(B) Notwithstanding the exemptions set forth in Cal. Gov’t Code § 905, all claims against the city for damages or money, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Cal. Gov’t Code §§ 910 through 915.2. Such claims shall further be subject to the provisions of Cal. Gov’t Code §§ 945 through 946, relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the Council.

(Ord. 97-01, passed 1-27-97; Am. Ord. 2009-007, passed 9-14-09)

(A) The City Council hereby finds and determines that in order to provide uniform procedures for review of administrative decisions of the city, it is desirable that the city make Cal. Code Civ. Proc. § 1094.6 applicable to the city.

(`67 Code, § 1-12-1)

(B) The provisions of Cal. Code Civ. Proc. § 1094.6 are applicable to the city.

(`67 Code, § 1-12-2) (Ord. 82-5, passed 6-28-82)