(1) The
Director shall establish additional regulations governing:
(a) The transfer of surplus property and operation of the surplus property
program;
(b) The sale or disposal of surplus, unclaimed and seized property by
public auction, competitive formal and informal bid, or other appropriate
method designated by regulation including electronic auction;
(c) The trade-in of surplus property for purchase of new equipment.
(2) The
disposal of surplus real property is not regulated under this Title
and is subject to applicable state law.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
(1) Each
Using Department shall submit reporting to the Director, at such times
and in such form as the Director requires, describing all property
held by the Using Department, which the Using Department has determined
to be surplus property. At such time that a periodic physical inventory
of the property held by any Using Department is required by the Director,
the Using Department shall segregate all of its surplus property and
a report thereof shall be furnished to the Director for the transfer
of disposition of such surplus property.
(2) The
Director, upon notification by Using Departments of excess City-owned
surplus property, is authorized to determine whether any such City-owned
property is surplus to the present or future needs of the City and
will coordinate the disposition of such property. This Chapter is
not applicable to personal property or money, to the extent the disposition
of such is governed by other applicable law, including, without limitation,
escheat pursuant to Government Code section 50050 et seq., personal
property or goods pursuant to Health and Safety Code section 11000
et seq., or unclaimed property pursuant to Code of Civil Procedure
section 1500 et seq.
(3) Using
Departments shall use forms required by the Director to request a
determination as to whether property may be declared surplus by the
Director.
(4) Each
Using Department shall retain custody of its surplus property in such
manner and at such place as the Director shall require, until their
transfer or final disposition has been determined. No Using Department
shall, in any event, permit any surplus property held by it to be
loaned or donated without prior City Council approval, or destroyed
or otherwise removed from the City's custody without the prior
written approval of the Director.
(5) Before
disposing of surplus property, including unclaimed property delivered
to the Director by the Police Department, the Director shall canvas
all other Using Departments to determine whether the surplus property
has beneficial use to another Using Department. If another Using Department
requests such surplus property it may be transferred in accordance
with policies and procedures established by the Director.
(6) The
Director is hereby authorized to dispose of surplus property which
are not used or needed by any Using Department or which has become
unsuitable for City use. Such surplus property may be disposed by
any of the following procedures:
(a) Exchanged or traded in for new property;
(b) Sold utilizing the competitive procedures similar to those prescribed
in this Title;
(c) Sold at public auction conducted by a professional auctioneer which
the Director is hereby authorized to retain on the basis of a negotiated
flat fee, hourly fee, or percentage of the amount of the sale, whichever
is determined by the Director to be in the best interests of the City;
(d) Sold utilizing a negotiation process when the Director determines
in writing that such a process is in the best interests of the City;
(e) Disposed of as scrap material or destroyed if no resale value exists;
(f) Disposed of in accordance with state or local law;
(g) Donated to a non-profit organization or other public entity following
determination by the City Council that such donation would serve a
public purpose.
(7) Unless
otherwise provided, all proceeds from sale or auction of surplus property
will be deposited into the City's general fund. Proceeds from
sale of enterprise, federal, grant or other special designation property
will be reimbursed, less prorated selling expenses to the appropriate
fund, after completion of each sale.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)