HomeMy WebLinkAbout2008-10-06 Ordinance 5019ORDINANCE NO. 5019
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 2.31.010 [SURPLUS PROPERTY AND
EQUIPMENT DISPOSAL OR DESTRUCTION] OF THE PALO
ALTO MUNICIPAL CODE TO ALLOW THE DONATION OF
SURPLUS PROPERTY TO NONPROFIT ORGANIZATIONS AND
DECLARING THE URGENCY THEREOF, TO TAKE EFFECT
IMMEDIATELY
The City Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The Council finds and declares that:
A. Current City code allows for the donation of surplus property to nonprofit
orgmllzations only wnen tne property-nas no commerCial va~-
B. Certain nonprofit organizations have seasonal fundraising activities that provide
significant resources necessary to support important City programs and this amendment is necessary
to ensure the continuity of these activities.
C. The accumulation of materials such as clothing and theatrical costumes, if not
properly disposed of could represent a safety hazard given the limited storage areas in City facilities
D. If a new ordinance is not adopted on an urgency basis to allow the donation of
clothing, theatrical costumes, books and other surplus property that has more than a minimal value
would be prohibited.
E. Based on findings A through D, the Council finds that there is a current and
immediate threat to the public health, safety or welfare if this Ordinance is not adopted as an
emergency(.)!dinanc~pursuantto.Palo Alto Municipal Codf:section 2.04.270(e).
SECTION 2. Section 2.31.010 of the Palo Alto Municipal Code is amended to read as
follows:
2.31.010 Surplus property and equipment -Disposal or destruction.
(a) Authority of Director of Administrative Servi ces. All using departments shall submit
to the director of administrative services, at such times and in such form as the director shall
prescribe, reports showing all property which is no longer used or which has been obsolete or worn
out. The director of administrative services shall have authority to sell all property which cannot be
used by any department or which has become unsuitable for city use, by negotiated sales, through the
acceptance of sealed bids, by public auction, or by exchange or trade-in for new property and
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equipment. The director of administrative services may in writing delegate any authority granted to
the director pursuant to this chapter with respect to property valued at less than $5,000.00.
(b) Property with No Commercial Value. The city manager may authorize the
abandonment, destruction or donation to public bodies, charitable, civic or nonprofit organizations,
of city property which has no commercial value or of which the estimated cost of continued care,
handling, maintenance or storage would exceed the estimated proceeds of sale. Such determination
shall be made in writing and countersigned by the director of administrative services.
( c) Donations to Nonprofit Support Organizations. Notwithstanding any other provisions of
this Chapter, the city manager may adopt polices and procedures authorizing the donation of surplus
property that is no longer suitable for use by the City to nonprofit organizations that are formed for
the purpose of supporting City programs. The City's donation of surplus property shall be contingent
on a written agreement that any profits from the sale of such items shall be used for the purchase of
equipment, books or capital expenses related to the program supported by the nonprofit organization.
(d) Annual Report to CounciL The city manager shall identify all property donated to
___ ---"n=Ql1PIofit agencies pursuanUQ§ybsection (Q)Qr{9) above. In JanuIDQft:::;;t911year, thec;ityml:lll,=ag=e=r ___ _
shall provide a report to the city council that includes an inventory of the items donated by the City
................ ~-a:tl"l.rontrilruti:tmslmtde-trr-tlre-eityfronrnonprofit-organizatiuns1:hat~have-received""Surplus-cinty..---.... _-
property.
( e) The city manager may delegate any authority granted to the manager pursuant to this
chapter.
INTRODUCED AND PASSED: October 6, 2008
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KlSHIMOTO, KLEIN,
MORTON, SCHMID
NOES:
ABSTENTIONS:
ABSENT: YEH
APPROVED AS TO FORM: C\~ -..
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Assistant City Attorney
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Director of Planning and
Community Environment