Carpinteria Municipal Code Ch. 3.32 Surplus Personal Property

Surplus personal property belonging to the city shall be disposed of according to the provisions of this chapter. Pursuant to the city's procurement policy, the city manager has the power and duty to dispose of the city's surplus personal property that is no longer required for public use.

(Ord. No. 784, § 3, 7-22-2024)

For purposes of this chapter, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended:

A. "Personal property" means all property, other than real property, consisting of things that are temporary or moveable.

B. "Surplus" means personal property that: (1) Does not function in whole or in part; (2) Requires repair that is too costly or not feasible; (3) Is technologically or otherwise obsolete; (4) Worn out or at the end of its useful life; (5) Is otherwise no longer useful to the city; (6) Is not needed in the foreseeable future to meet city needs or responsibilities.

(Ord. No. 784, § 3, 7-22-2024)

A. From time to time, the head of each department shall submit to the city manager a list of personal property deemed surplus for the use of such department, and the same shall be known as surplus personal property. The city manager may transfer personal property deemed surplus by one department to another department of the city prior to disposing of it as provided in Section 3.32.040 of this chapter.

B. Personal property purchased with grant funds may have inherent disposal requirements. Department heads should review grant documents to identify any specific restrictions related to the disposal, sale or re-use of personal property prior to notifying the city manager of the item's status as surplus. Absent any restrictions, personal property purchased with grant funds will be handled in the same manner as other surplus personal property.

(Ord. No. 784, § 3, 7-22-2024)

A. The city manager is authorized to sell or dispose of surplus personal property having a salvage value in the open market by any means legally available including, but not limited to, the following: public auction; electronic auction or sale, including internet-based market places and consignment; competitive sealed bid; negotiated sale to other public or quasi-public agencies; or exchange or trade in for new goods or other personal property for use by the city. If the property designated as surplus personal property has an estimated value greater than one hundred thousand dollars, the city manager shall dispose of such property as directed and provided by resolution of the city council.

B. Surplus personal property should generally be sold at fair market value. Sales prices of less than fair market value should be supported by written justification supporting the reduced price. Extremely reduced pricing may require city council approval.

(Ord. No. 784, § 3, 7-22-2024)

Surplus personal property that is determined by the city manager to be unsalable or to have little or no estimated salvage or appraisal value, such that disposal by such means would result in unnecessary cost, effort or expense to the city, may be disposed of by the city manager in any manner he deems appropriate, including but not limited to, recycling or disposing the same in an environmentally responsible manner. In the event of such disposal, the city manager or his designee shall retain records of such disposition as provided in Section 3.32.060, below.

(Ord. No. 784, § 3, 7-22-2024)

The city manager or his designee shall keep detailed records of all surplus personal property that has been disposed of, including amounts received for the sale of surplus personal property, for a period of at least two years; and shall provide the city council with an annual report of said dispositions, if any.

(Ord. No. 784, § 3, 7-22-2024)

In addition to the methods of disposal listed in this chapter, the city manager may authorize the disposal of surplus personal property through donation of such property to a governmental, public or quasi-public agency, or to a charitable or other nonprofit organization.

(Ord. No. 784, § 3, 7-22-2024)

Proceeds from the sale of surplus personal property shall be deposited into the appropriate fund as determined by the administrative services director.

(Ord. No. 784, § 3, 7-22-2024)

No city officer or employee, or members of their immediate family, shall purchase city surplus personal property sold in accordance with this chapter, unless the same is offered to the general public (e.g., though auction services). In order to avoid a prohibited gift of public funds, no city officer or employee, or members of their immediate family, shall receive or accept city surplus personal property that has been designated as having little or no value and/or which is intended for donation by the city in accordance with this chapter.

(Ord. No. 784, § 3, 7-22-2024)