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Home My WebLink About1976-12-21; City Council; 1198; CMC 3.29/.30 adds - Surplus property disposal & lost/unclaimed personal property11 1: 2( 21 2; 2; 24 2E 2E 27 2e ORDINNJCE NO. 1 198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTERS 3.29 AND 3.30 AND BY THE DELETION OF CHAPTER 1.04 TO REVISE THE PROCEDURE FOR DISPOSAL OF SURPLUS CITY PROPERTY AND LOST AND UNCLAIMED PERSONAL PROPERTY. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That the Carlsbad Municipal Code is amended by the addition of Chapters 3.29 and 3.30 to read as follows: “Chapter 3.29 DISPOSAL OF SURPLUS CITY PROPERTY Sections: 3.29.010 3.29.020 Disposal required. 3.29.030 City Manager’s determination. 3.29.040 blanner of disposal. 3.29.050 City personnel prohibited. Duty to report surplus equipment and supplies. 3.29.010 Duty to report surplus equipment and supplies. All using agencies shall submit to the Purchasing Officer, at such times and in such forms as prescribed, reports showing all supplies 2nd equipment which are no longer used or which have become Dbsolete or worn out or otherwise surplus to the needs of the 2gency. The Purchasing Officer shall have authority to exchange for, or trade in, such property on new supplies and equipment in sccordance with this chapter. 3.29.020 Disposal required. The Purchasing Officer shall letermine if any surplus supplies or equipment can be used by my agency of the City. If such supplies or equipment cannot be ised or are unsuitable for City use the Purchasing Qfficer shall, in the manner hereinafter provided, dispose of such supplies and zquipment that cannot be exchanged for or traded in on new equip- nent or supplies. 3.29.030 City Manager’s determination. If the City Manager zoncurs with the Purchasing Officer that certain personal property is not required for public use he shall declare it surplus and ?repare a written estimate of the market value thereof. 3.29.040 Manner of disposal. (a) If the surplus property shich is not required for City use has an estimated market value Df less than one thousand dollars, the City Manager may authorize 1 2 3 4 5 6 7 26 27 28 the disposal of said property without advertising for bids. use has an estimated market value of one thousand dollars, or more, the City Manager shall dispose of the property as provided by resolution of the City Council. this chapter shall be credited to the appropriate fund as the City Manager shall determine. (b) If the surplus property which is not required for City (c) The amount received for any property sold pursuant to 3.29.050 City personnel prohibited. No City officer or employee shall purchase surplus City property sold in accordance with this chapter. "Chapter 3.30 LOST AND UNCLAIMED PROPERTY Sections : 3.30.010 3.30.020 3.30.030 3.30.040 3.30.050 3.30.060 3.30.070 3.30.080 3.30.090 3.30 .lo0 Lost property. Retention authorized; tagging required. Restoration to owner: costs. Transfer to finder. Disposition to City. Disposition to public authorized. Auction procedure. Auction proceeds. Authorization to destroy. City personnel prohibited. 3.30.010 Lost property. All lost property in the possession of any City personnel shall be placed in the custody of the Police Department to be held and disposed of in accordance with this chapter. 3.30.020 Retention authorized: tagging required. (a) All lost and unclaimed property, except bicycles, animals and perishabl property, in the possession of the Police Department shall be held by the department for a period of at least four months. Lost and unclaimed bicycles shall be held for a period of at least three months. Lost and unclaimed animals shall be turned over to the San Diego County Animal Regulation Department. perishable property need be held by the department only long enough to permit compliance with the notice and auction requirements of this article. (b) All lost and unclaimed property in the possession of the department shall be tagged showing the date and circumstances of its acquisition by the department. 3.30.030 Restoration to owner; costs. (a) If, during the time that lost and unclaimed property is in the possession of the Police Department, the owner of said property appears and proves his ownership, the department shall restore the property to him. The department may require that the reclaiming owner Lost and unclaimed (b) 2. . 1 2 3 4 5 6 7 a 9 10 11 12 n 6 19 20 21 22 23 24 25 26 27 28 pay to the department the reasonable costs of storage and care of the property and the costs of publication incurred by reason of compliance with the terms of this article. 3.30.040 Transfer to finder. Personal property, except bicycles, which has been held by the department for ninety days, and which has not been returned to the rightful owner, shall be subject to and may be transferred to the finder thereof in accordance with Section 2080.3 of the California Civil Code. 3.30.050 Disposition to City. If after the expiration of the applicable retention period, the City Manager determines any unclaimed property in the possession of the Police Department is needed for public use, such property shall be retained by the City. 3.30.060 Disposition to public authorized. After the expiration of the applicable retention period all lost and un- claimed property, remaining in the custody of the Police Department shall be sold at public auction to the highest bidder in accord- ance with this chapter. 3.30.070 Auction procedure. The Purchasing Officer shall conduct a public auction at least once each year, or more frequent- ly if, in the judgment of the Police Chief, it is necessary for the more immediate disposition of lost or unclaimed property. The date of a public auction shall be not less than seven days follow- ing the publication in a newspaper of general circulation in the City of Carlsbad, printed and published in the County of San Diego, of a notice of the sale at public auction of lost and unclaimed property. All purchases at public auction shall be for cash and shall be final. All purchasers at public auction shall take immediate possession of purchased property and property purchased at public auction shall not be reclaimable by the original owner. 3.30.080 Auction proceeds. All proceeds from the sale at public auction of lost or unclaimed property, including bicycles, shall be deposited in the general fund of the City. 3.30.090 Authorization to destroy. After the expiration of the applicable retention period all lost and unclaimed property which is deemed to be of limited or no value, or which is a thing which is commonly not the subject of sale, may be destroyed or otherwise disposed of by the City. All unclaimed property remain- ing unsold after being offered for sale at public auction may be destroyed or otherwise disposed of by the City, 3.30.100 City personnel prohibited. No City officer or employee may claim property as a finder or purchase lost or unclaimed property sold in accordance with this chapter.'' SECTION 2: That the Carlsbad Municipal Code is amended by the deletion of Chapter 1.04. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the 3. 1 A c 1 0 0 adoption of this ordinance and cause it to be published at least 20 21 22 23 24 25 26 27 28 2 3 4 5 6 7 a 9 10 11 12 4. once in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 7th day of December , 1976, and thereafter PASSED AND ADOPTED at a meeting of said City Council held on the 21st day of December , 1976, by the following vote, to wit AYES: Councilmen Frazee, Lewis, Packard and Skotnicki NOES: None ABSENT: Councilwoman Casler ATTEST :