Beaumont Municipal Code Ch. 3.03 Disposal of Surplus Personal and Real Property

The duties of the Purchasing Officer shall include the disposition of personal property in any lawful manner provided that the disposition is for the common benefit of the City's citizens. A formal declaration that the property is surplus shall not be required.

(Ord. No. 815, § 1, 11-20-01)

The duties of the Purchasing Officer shall include the disposition of real property in any lawful manner provided that the sale is for the common benefit of the City's citizens. The City Planning Commission shall prepare a report that indicates that disposition of the property conforms with the General Plan. A formal declaration that the property is surplus shall not be required.

(Ord. No. 815, § 1, 11-20-01)

Prior to the disposition of surplus real property, the Purchasing Officer shall comply with the following procedure:

A. Inventory: On or before December 31, of each year the Purchasing Officer shall prepare an inventory of property which is in excess of the City's foreseeable needs, and shall provide a copy of the inventory to any person who so requests, pursuant to Government Code, Section 50569.

B. Notice to Housing Providers: Before disposing of surplus real property, the Purchasing Officer shall send a written offer of surplus property for low-income housing to any city or county in which the property is located for the purpose of developing low or moderate-income housing, pursuant to California Government Code, Section 54222(a). The offer shall also be sent to any "housing sponsor", as defined by California Health and Safety Code, Section 50074, who requests it.

C. Sale and Reverter: The Purchasing Officer may sell the property to any housing corporation, limited dividend corporation, or non-profit corporation for development for housing for persons of low or moderate-income. The deed conveying title shall include a clause reverting the property to the City if the property is no longer owned by a majority of the non-profit or limited dividend sponsors, pursuant to California Government Code, Section 50570.

(Ord. No. 815, § 1, 11-20-01)

Offers to sell or lease surplus property for park and recreation or open-space purposes shall be sent to the park or recreation department of any city or county in which the property is located, the regional park authority, or the California Resources Agency. Offers to sell for enterprise zone purposes shall be sent to non-profit Neighborhood Enterprise Association Corporations. Offers to sell for school purposes shall be sent to the public school districts within which the property is located. Failure to comply with these provisions shall not invalidate the transfer or conveyance of the real property.

(Ord. No. 815, § 1, 11-20-01)

Pursuant to California Government Code, Sections 37420—37430, the Purchasing Officer is authorized to utilize the following optional procedure for the disposition of real property:

A. Preparation of Resolution of Intent: The Purchasing Officer shall prepare a resolution of intention, which shall fix the time for a public hearing, provide for published notice, fix the time final action will be taken, and contain an accurate description of the property.

B. Publication: The Purchasing Officer shall publish the resolution at least once in a daily newspaper and post it at least ten days in three conspicuous places on the subject property.

C. Overriding Protests: A four-fifths vote of the City Council is needed to override any protests to the proposed disposition.

(Ord. No. 815, § 1, 11-20-01)

Property which is dedicated pursuant to the Subdivision Map Act shall be conveyed back to the original subdivider if not used for the purpose originally dedicated.

(Ord. No. 815, § 1, 11-20-01)

A. Government Grant Funds: Property purchased with federal or state grant money shall be disposed of pursuant to the conditions of the grant.

B. Redevelopment Agency Property: Shall be disposed of through a public bidding process or after a public hearing therefore. Property may be sold for less than fair market value to fulfill the purposes of a redevelopment plan. If the property was acquired with tax increment funds, the lease or sale of such property shall be approved by resolution of the City Council.

C. Donations: The Contracting Officer is authorized to donate surplus property provided such donation satisfies a public purpose as may be reasonably determined by the purchasing officer.

D. Conflicts of Interest: City officers and employees who participate in any part of the process to dispose of surplus property is prohibited from acquiring such property.