Redwood City Municipal Code § 2.45 Declaration of Surplus Personal Property

Footnotes:

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Editor's note— Ord. No. 2477, § 4(Exh. A), adopted Feb. 10, 2020, amended Art. V in its entirety to read as herein set out. Former Art. V, § 2.42, pertained to disposition and acquisition of real property and derived from Ord. No. 2404, § 2, adopted Mar. 24, 2014.

For the purpose of this Article, surplus land means the following:

A. "Land" means real property or a real property interest.

B. Subject to the exemptions or exclusions set forth in the state Surplus Land Act (Cal. Government Code § 54220, et seq.) as it may be amended from time to time, "surplus land" means any land that is not required to fulfill the mission of a City department, commission or agency with jurisdiction or control of such land or that is not required to fulfill the mission of another governmental agency pursuant to an inter-governmental transfer.

C. The following is not "surplus land":

1. Land with a continuing obligation upon the land such as a parking covenant.

2. Land for which the City has a specific purpose even if it will not be used as a City facility. A specific purpose includes but is not limited to any of the following:

a. To dispose of the land in such a way that the City secures certain community benefits which benefits may be defined by the City Council pursuant to a resolution at the time it approves a sale or other disposition of the land;

b. To control the development of the land in order to serve the interests of the City; or

c. To control the development of the land in order to serve the common benefit which may include but is not limited to stimulating the growth and development of the City; to make land available for affordable housing; to make land available for a better or more compatible use; to diminish blight or redevelop an area; to sell the land in order to increase City revenues; or to use the land to accomplish an implementation of a general plan objective, goal or policy.

(Ord. No. 2477, § 4(Exh. A), 2-10-20)

For the purpose of this Article, surplus personal property means the following:

A. "Personal property" means property, excluding money, animals, firearms, and library materials, belonging to the City. Money, animals, firearms, and library materials belonging to the City may be disposed of without Council approval and in the manner deemed appropriate by the City Manager or their designee(s).

B. "Surplus" means obsolete, worn out, no longer used, or are unsuitable for use.

(Ord. No. 2477, § 4(Exh. A), 2-10-20)

For purposes of this Article, Superintendent means the Public Works Services Fleet and Facilities Superintendent.

(Ord. No. 2477, § 4(Exh. A), 2-10-20)

A. A department head may, from time to time, submit to the Superintendent personal property that is no longer used or suitable for use by such department. The Superintendent shall take physical possession of the personal property, and is authorized to transfer the personal property to another City department for use by that department or to include the personal property on the list to be reported to the City Council as set forth in subsection C of this Section.

B. Within the third quarter of each fiscal year, the Superintendent shall identify the vehicles and motorized equipment belonging to the City that is no longer suitable for use by the City and include such personal property on the list to be reported to the City Council as set forth in subsection C of this Section.

C. On an as-needed basis, a list of personal property shall be reported to the City Council, and the City Council may declare any or all of the listed items as surplus personal property.

(Ord. No. 2477, § 4(Exh. A), 2-10-20)

A. The Superintendent is authorized to dispose of declared surplus personal property by any one (1) or more of the following methods:

1. Donation: Usable surplus personal property which does not exceed an estimated fair market value of ten thousand dollars ($10,000.00) per unit may be donated to a government affiliate or non-profit organization exempt under Section 501(c)(3) of the Internal Revenue Code of 1986. Priority shall be given to government affiliates or non-profit organizations that support City programs. Donations of surplus vehicles and motorized equipment, in the aggregate, shall not to exceed fifty thousand dollars ($50,000.00) per fiscal year.

Notwithstanding the foregoing, the City Manager may approve donation of surplus personal property with an estimated fair market value of up to one hundred thousand dollars ($100,000.00) per unit to a government affiliate or non-profit organization exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, and the City Manager may approve donations of surplus vehicles and motorized equipment, in the aggregate, of up to one hundred thousand dollars ($100,000.00) per fiscal year. A government affiliate or non-profit organization that receives in a single fiscal year donated surplus personal property exceeding an estimated fair market value of ten thousand dollars ($10,000.00) per unit or exceeding fifty thousand dollars ($50,000.00), in the aggregate, shall not be eligible for donations of surplus personal property the following fiscal year.

All donations pursuant to this subsection shall be without warranty, express or implied, and the donee shall agree to defend, indemnify and hold harmless the City, its City Council, officers and employees, from any claim, cause of action, damage, loss or liability arising out of the condition of the personal property or its use by the donee or subsequent transferee.

2. Sale: Surplus personal property may be sold by public auction, competitive sealed bids, negotiated sale or sold for scrap. All surplus personal property offered for sale shall be "as is" and "where is", with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability or the property offered for sale. City employees are prohibited from purchasing surplus personal property.

3. Exchange or Trade: Surplus personal property may be exchanged for other personal property of at least equal value or traded in as part of consideration to be paid for other property.

4. Recycle, Destroy, or Discard: When the cost of following the above methods exceeds the estimated sale, exchange or trade price of surplus personal property, the property may be recycled, destroyed, or discarded as junk. The department that requested disposition of the item will pay the associated disposal fees, if applicable.

(Ord. No. 2477, § 4(Exh. A), 2-10-20)

Revenue from the sale of declared surplus personal property shall be returned to the appropriate fund. All sales shall be paid to the City by certified check, money order, or in a manner agreeable to the City Manager. The City Manager or their designee is authorized to sign bills of sale and any other documents evidencing the transfer of title to such City property by and on behalf of the City.

(Ord. No. 2477, § 4(Exh. A), 2-10-20)