[Ord. No. 1823, 10-1-2025]
Sections 33.300 through 33.316 ("Disposal of Surplus City Property Ordinance") establish uniform procedures for the disposition of City-owned real and personal property that the City determines to be surplus and unnecessary for municipal purposes. Its objectives are to promote transparency, fairness, and compliance with all applicable laws, including the California Surplus Land Act ("SLA"; Government Code §§ 54220 through 54234).
[Ord. No. 1823, 10-1-2025]
(A) 
Real property. Sections 33.302 through 33.310 govern the disposal of any fee, leasehold, or other interest in City-owned real property, unless exempted by Section 33.310.
(B) 
Personal property. Sections 33.311 through 33.315 govern the disposal of City-owned materials, supplies, equipment, vehicles, tools, and all other tangible personal property.
(C) 
If a provision of this subchapter conflicts with mandatory requirements of state or federal law, the latter shall control, and the remainder of this subchapter shall continue in full force.
[Ord. No. 1823, 10-1-2025]
(A) 
Each City department shall report to the City Manager any real property under its control that is unused, underutilized, or otherwise excess to the Department's foreseeable needs.
(B) 
The City Manager shall evaluate each submittal and, if the property is not required for any present or reasonably anticipated municipal use, shall recommend to the City Council that the property be declared surplus.
(C) 
If the City Council determines that the property shall be declared surplus, then the City Manager shall take such actions as may be required to comply with all applicable requirements of the SLA.
[Ord. No. 1823, 10-1-2025]
(A) 
Competitive process. Unless waived under Subsection (C), disposal shall occur through a publicly advertised request for proposals/qualifications ("RFP/RFQ") or sealed-bid auction.
(B) 
Requirements.
(1) 
All offers shall be in writing; oral bids are not permitted.
(2) 
A bid deposit equal to ten percent (10%) of the offered purchase price, not to exceed $50,000 shall accompany each proposal, unless the City Council waives the requirement or sets a different amount in the solicitation.
(C) 
Exclusive Negotiating Agreement (ENA). The City Council may forgo the competitive process above in Subsection (A) and authorize an ENA when it finds that the transaction will advance a significant public benefit, including, but not limited to, economic development or affordable housing.
[Ord. No. 1823, 10-1-2025]
Written proposals shall be evaluated using criteria stated in the solicitation, which may include:
(A) 
Net financial return or consideration to the City;
(B) 
Proposer's financial capacity and development track record;
(C) 
Consistency with the General Plan, specific plans, and Council-adopted strategic documents;
(D) 
Schedule for completion and phasing;
(E) 
Provision of community benefits, including the number and depth of affordable-housing units, public amenities, or infrastructure improvements.
[Ord. No. 1823, 10-1-2025]
The City Council shall approve all final conveyances by resolution at a noticed public meeting.
[Ord. No. 1823, 10-1-2025]
(A) 
The City Manager is authorized to:
(1) 
Issue solicitations and administer the competitive process;
(2) 
Enter into interim agreements (e.g., ENAs) consistent with Council direction;
(3) 
Execute any documents necessary to complete the disposition after Council approval.
(B) 
The City Attorney shall approve the form of all conveyance instruments.
[Ord. No. 1823, 10-1-2025]
The City may negotiate directly with an adjacent owner or designated master developer when:
(A) 
The parcels are intended to be planned or developed under a unified concept approved by the City; and
(B) 
The Council finds that a unified disposition will further long-term planning or economic-development goals.
[Ord. No. 1823, 10-1-2025]
(A) 
Deposits shall be in the form of a cashier's check, surety bond, or other security acceptable to the City.
(B) 
Deposits are refundable, without interest, to unsuccessful proposers.
(C) 
The deposit of the successful proposer shall be credited to the purchase price or, if the proposer fails to perform, forfeited to the City.
[Ord. No. 1823, 10-1-2025]
This subchapter does not apply to:
(A) 
Transfers to another public agency for continued public use;
(B) 
Conveyances required by settlement agreement, court order, or eminent-domain proceeding;
(C) 
Easements, licenses, or rights-of-entry that do not convey a fee or long-term leasehold interest;
(D) 
Temporary or revocable permits;
(E) 
"Uneconomic remnants," land-locked parcels, or properties that, due to legal or physical constraints, have no independent development potential, provided the Council approves a negotiated conveyance to an adjacent owner.
[Ord. No. 1823, 10-1-2025]
(A) 
When any department determines that City-owned personal property is obsolete, unusable, or no longer required for its operations, the department shall notify the Finance Director and transfer custody of the item(s) to the Finance Department.
(B) 
The Finance Director, after confirming that no other City department has a foreseeable need for the property, shall declare the item(s) surplus personal property and assign an estimated fair-market value.
[Ord. No. 1823, 10-1-2025]
(A) 
Competitive sale. Surplus personal property with an estimated aggregate value greater than twenty-five thousand dollars ($25,000) shall be sold by one of the following methods:
(1) 
Public auction (in-person or online);
(2) 
Sealed written bids; or
(3) 
Publicly advertised internet marketplace approved by the Finance Director.
(B) 
Direct sale, trade-in, recycling, or donation. If the estimated aggregate value is thirty-five thousand dollars ($35,000) or less, the Finance Director may:
(1) 
Arrange a negotiated sale to the general public;
(2) 
Accept a trade-in allowance on a replacement purchase;
(3) 
Recycle or salvage the item; or
(4) 
Donate the item to a recognized nonprofit organization or public agency.
(C) 
All sales are "as-is, where-is" with no City warranty, and payment shall be by cash, cashier's check, credit card, or other form acceptable to the Finance Director.
[Ord. No. 1823, 10-1-2025]
The Finance Director may complete any disposal authorized by Section 33.312 without further action unless the estimated aggregate value exceeds seventy-five thousand dollars ($75,000), in which case City Council approval by resolution is required before final sale or donation.
[Ord. No. 1823, 10-1-2025]
(A) 
Proceeds from the disposal of surplus personal property shall be deposited into the appropriate City fund or account, as determined by the Finance Director.
(B) 
The Finance Department shall maintain a public file for each disposal that includes the declaration of surplus, valuation methodology, method of sale, and final disposition of proceeds or property.
[Ord. No. 1823, 10-1-2025]
This subchapter does not apply to:
(A) 
Consumable supplies sold as scrap or recycling with deminimis value (less than $1,000 per lot);
(B) 
Trade-in of police, fire, or public-works equipment when authorized as part of a new-equipment purchase approved by the City Council;
(C) 
Destruction of items that pose a public-safety risk (e.g., contaminated gear) when certified by the appropriate department head and approved by the Finance Director.
[Ord. No. 1823, 10-1-2025]
If any provision of this subchapter is held invalid, the remaining provisions shall continue in full force and effect.