(A) Unclaimed Property. Subject to the provisions of Cal. Civ. Code §§ 2080.6 et seq., unclaimed property shall be disposed of as set forth in this section. Such unclaimed property shall be held by the Police Department for a period of at least four months. Thereafter, such property shall be sold at public auction to the highest bidder, with a notice of such sale being given by the City Administrator in accordance with Cal. Civ. Code § 2080.6 at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county, and, after such notice, such property shall not be redeemable by the owner or other person entitled to possession, and, if the Director of Finance determines that such property is needed for a public use, such property may be retained by the city and need not be sold. A list of property available to be converted to city use will be forwarded to the City Finance Director quarterly. The Police Chief is authorized to utilize the services of professional auctioneers to implement disposition of property referred to herein. Proceeds from the sale will be sent directly to the Director of Finance. As an alternative to the auctioning of unclaimed bicycles, the Police Chief may enter into an agreement with a local non-profit organization where the unclaimed bicycles would be turned over to them for refurbishing, and once done, the bicycles would be returned to the city to be released to local charitable organizations who will return them back into the community in accordance with Welfare and Institutions Code § 217.
(B) Forfeited property. Under the asset forfeiture code Cal. Health & Safety Code §§ 11469(d) and 11470, property applicable to seizure may be cash, vehicles, real estate, and under certain instances personal property and miscellaneous property. Disposal of real estate and disposition of all cash monies will be the responsibility of the Director of Finance. After all procedures required under the above-mentioned Health and Safety Code as well as the Police Department Asset Forfeiture Manual have been completed, all vehicles, personal property and miscellaneous property will be transferred to a professional auctioneer, except for jewelry, which will first be appraised by an independent appraiser. Proceeds from the sale of these items will be kept separate from the unclaimed property and bicycles. Proceeds from the sale will be sent directly to the Director of Finance.
(C) Surplus property. Decisions for the disposal of city surplus property shall be at the discretion of the Director of Finance. A list of surplus items will be forwarded to the Director of Finance on a quarterly basis. At that time he/she will determine whether it is an item that can be used by another city department, whether the property will be retained for an auction conducted by the city, or whether the property will be transferred to a professional auctioneer for auction. The Finance Director will prepare a report for the City Council identifying what items are considered surplus and how they will be disposed of prior to any action being taken.
('61 Code, § 3-1.01) (Ord. 154 N.S. passed - - ; Am. Ord. 238 C.S., passed 2-18-76; Am. Ord. 558 C.S., passed 10-17-90; Am. Ord. 692 C.S., passed 12-16-98)