TO: RULES AND OPEN GOVERNMENT FROM: Raymond Riordan
COMMITTEE
SUBJECT: DONATION OF OFFICE OF DATE: October 6, 2022
EMERGENCY MANAGEMENT
TRAILER
Approved Date
10/6/2022
RECOMMENDATION
Approve notice of donation of the Office of Emergency Management (OEM) Trailer for 30 days, subject to conditions set forth in the San Jose Municipal Code Title 4, Section 4.16.250.
OUTCOME
This action will allow the Director of Finance or director as designated by the City Manager to notice the donation of surplus personal property for 30 days, reach out to potential donees, and return to City Council recommending the appropriate donee, all in accordance to the Council Policy 1-20 Donation of Surplus Property.
BACKGROUND
The OEM Trailer is 53' long, 13' 6" high, two axle, fifth wheel, semi-trailer with three slide-out compartments and a hydraulic rear platform. It was manufactured by Trailmobile Trailer Corporation in November 2000. The trailer was originally used by eBay Inc. as their mobile emergency operation/disaster recovery trailer.
In June 2013, eBay donated this trailer and its equipment to the City of San Jose, Office of Emergency Services, at no cost to the City. At the time the Office of Emergency Services was part of the Fire Department, so the asset was marked as Fire Department and Office of Emergency Services equipment. The trailer has been parked at the Fire Department Bureau of Operational Support facility since its arrival. It had been primarily used as a training site for amateur radio operators. It has not been used for its intended purpose.
RULES COMMITTEE AGENDA: 10/12/2022
ITEM: B.6
HONORABLE MAYOR AND CITY COUNCIL
October 6, 2022
Subject: Donation of Office of Emergency Management Trailer
When Sonoma County responded to the deadly 2019 Kinkade Fire, Sonoma County OEM requested the OEM Trailer via a mutual aid request. The OEM Trailer was relocated to the Sonoma County Emergency Operations Center, where it was used during the response and recovery to the fires. The OEM Trailer is currently in Sonoma County and Sonoma County expressed their gratitude for the use of the OEM Trailer.
Details of the OEM Trailer:
• 2000 Trailmobile 5th Wheel Emergency Communications Center Trailer • General Description - Mobile Emergency Operations Center with 36kW Diesel Generator and fuel cell
• Condition - As is (no warranty)
• Meter Reading (Hours): The City does not have current reading due to mutual aid deployment, estimated at 79 hours
• Public Works Determined Value: $20-25K
ANALYSIS
Since the OEM Trailer was donated to the City by eBay, there is no revenue loss by donating the equipment. The OEM Trailer requires the use of a tractor and special licensed operator to mobilize. The OEM Trailer had limited use over seven years and incurred damage from tests of the operational expanding rooms. Additional investment would be required to repair the damages.
The City’s new Emergency Operations Center at the Central Service Yard is 75% complete, and the City continues to improve the alternate Emergency Operations Center at the Police south substation. The use of these expanded facilities and the enhanced communication technology in the Emergency Operations Center eliminates the intended purpose of the OEM Trailer. For these reasons the donation of this trailer does not reduce response capabilities.
The value of the asset requires the City to bring this to the Rules and Open Government Committee for soliciting donees. The San José Municipal Code Title 4, Section 4.16.250 sets out the conditions for donating property to other government agencies and nonprofits. Subsection (A.) Surplus personal property which the Public Works Director determines is greater than one $1,500 in value may be donated by the City Council, to a public or governmental body or agency, volunteer fire department, or a nonprofit corporation. Subsection (C.) requires that all donations made pursuant to San José Municipal Code Section 4.16.250 shall include an affirmation that the donation is provided “as is”, without any warranties, and that agree to the required indemnify and hold harmless.
HONORABLE MAYOR AND CITY COUNCIL
October 6, 2022
Subject: Donation of Office of Emergency Management Trailer
CONCLUSION
Without reducing the capabilities of the City’s response, the donation of this trailer is reasonable.
The Finance, Fire and Public Works departments concur with the donation. The City accepted the trailer as a donation, so there is no revenue lost in donating to another jurisdiction, agency, or non-profit.
EVALUATION AND FOLLOW-UP
Donating the OEM Trailer will not impact current capabilities to respond to an emergency.
Donating the trailer does not impact City revenues. Following posting the available donation for 30 days, a donee will be selected by staff. OEM will return to City Council to announce who the recipient, and request approval. OEM will continue to coordinate with the Finance and Public Works departments and City Attorney’s Office to complete the appropriate forms and agreements to transfer the asset.
CLIMATE SMART SAN JOSE
The recommendation in this memorandum has no effect on Climate Smart San José energy, water, or mobility goals.
PUBLIC OUTREACH
This memorandum will be posted on the City’s website for the October 12, 2022 Rules and Open Government Committee meeting.
COORDINATION
The request has been coordinated with the departments of Finance, Fire, and Public Works and the City Attorney’s Office.
COMMISSION RECOMMENDATION/INPUT
No commission recommendation or input is associated with this action.
HONORABLE MAYOR AND CITY COUNCIL
October 6, 2022
Subject: Donation of Office of Emergency Management Trailer
CEQA
Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment.
/s/
RAYMOND RIORDAN
Director, City Manager’s Office of
Emergency Management
For questions, please contact Raymond Riordan, Director of the Office of Emergency Management at (408) 794-7055 or [email protected].
Attachment:
• Council Policy 1-20: Donation of Surplus Personal Property City of San José, California
COUNCIL POLICY
TITLE DONATION OF SURPLUS PERSONAL
PROPERTY
PAGE
1 of 3
POLICY NUMBER
1-20
EFFECTIVE DATE November 18, 2008 REVISED DATE
APPROVED BY COUNCIL ACTION 11/18/2008, Item 3.6, Res. No. 74668
BACKGROUND
Chapter 4.16 of the San José Municipal Code governs the disposition of surplus personal City property. The Director of Finance or such other director as designated by the City Manager is responsible for the sale, donation, recycling, or other disposition of surplus personal property which has exhausted its useful life for City operations.
Chapter 4.16 prescribes that any surplus personal property with an estimated value of $1,500 or less, or as amended by ordinance, may be donated by the Director of Finance or such director as designated by the City Manager and that any surplus personal property with an estimated value exceeding $1,500, or as amended through ordinance, may be donated by the City Council to a public or governmental agency, volunteer fire department, or nonprofit corporation.
On June 19, 2001, the City Council approved a donation policy for surplus City property and on June 24, 2008, the City Council directed staff to revise the policy for City Council donations of surplus personal property.
PURPOSE
Section 4.16.250 of the San Jose Municipal Code (SJMC) provides:
A. Notwithstanding any provision in this Chapter to the contrary, surplus personal property which the Director determines is greater than one thousand five hundred dollars in value may be donated by the City Council, to a public or governmental body or agency, volunteer fire department, or a nonprofit corporation.
B. Notwithstanding any provision in this chapter to the contrary, surplus property which the Director determines does not exceed one thousand five hundred dollars in value may be transferred by the director to a public or governmental body or agency, or to a nonprofit corporation, subject to the following conditions:
1. The Director shall establish a list of types of property eligible for donation and make such information generally available to eligible organizations.
2. The Director shall follow the guidelines approved by the City Council for the donation of surplus property.
TITLE DONATION OF PERSONAL SURPLUS
PROPERTY
PAGE
2 of 3
POLICY NUMBER
1-20
C. All donations pursuant to this section shall be without warranty, express or implied, and the transferee shall agree to defend, indemnify and hold harmless the City, its officers and employees, from any claim, cause of action, damage, loss or liability arising out of the condition of the property or its use by the organization or subsequent transferee.
The purpose of this policy is to set forth guidelines for donations of surplus personal City property including the decision to make surplus personal property eligible for donation, the eligibility of organizations to receive City personal property, and the process for donation of surplus personal property. This policy does not apply to the donation of surplus real property.
POLICY
It is the Policy of the City of San José to offer surplus personal property for donation in conformance with the following guidelines:
1. Surplus Personal Property Eligible for Donation
a. No personal property with an estimated value of $10,000 or higher shall be eligible for donation.
b. If the Director of Finance determines that the potential benefits received by City residents through donation of surplus personal property to an eligible organization outweigh the potential fiscal benefit of selling surplus personal property, the property may be offered for donation.
2. Eligible organizations
In making a decision among various organizations that have expressed interest in receiving a donation of surplus property, the following guidelines shall govern:
a. priority should be given to organizations on the basis of how likely the donation of surplus personal property will benefit City residents. In general, preference should be given to governmental agencies and volunteer fire departments over non-profit organizations. b. require that Internal Revenue Code Section 501(c) (3) non-profit organizations that request a donation also meet one of the following:
i. The non-profit organization currently provides a service that complements or serves a common client base of an existing City program.
ii. The donation furthers a special project or geographically focused City effort or benefits a particular group such as the elderly, low income families, the homeless population, or any group or community the City wishes to provide assistance to.
3. Process for Donation of surplus personal property with an estimated value of $1,500 or less or as amended by ordinance
The Director of Finance or such director as designated by the City Manager shall process donations of surplus personal property with an estimated value of $1,500 or less, or as amended through ordinance, as follows:
a. identifies surplus personal property for donation in accordance with this policy. b. reaches out to eligible organizations as defined in this policy.
City of San José, California
TITLE DONATION OF PERSONAL SURPLUS
PROPERTY
PAGE
3 of 3
POLICY NUMBER
1-20
4. Process for Donation of surplus personal property with an estimated value in excess of $1,500 or as amended by ordinance
The Director of Finance or such director as designated by the City Manager process donations of surplus personal property with an estimated value exceeding $1,500 to be approved by City Council, as follows:
a. identifies surplus personal property for donation in accordance with this policy. b. notices donation of surplus personal property at a Rules and Open Government Committee meeting with a 30 day period to receive requests for donations and reaches out to potential donees.
c. recommends donees for receiving the identified surplus personal property to Council in accordance with this policy.
5. Requirements applicable to all donations:
The Director of Finance or such director as designated by the City Manager shall process all donations of surplus personal property in conformance with the following requirements:
a. collects donation requests, including from foreign governmental agencies. b. requires that donees state the benefit to be derived from the donated surplus personal property in the request for donation.
c. ensures that the donated surplus personal property benefits the donee and that the donee uses the donated equipment for the benefit as stated in the request for donation, and that any donee or donee’s agent certify upon acceptance that no one involved in the donation process has received or will receive a profit or fee for the transaction. d. ensures that the person receiving donated surplus personal property is duly authorized by the approved donee.
e. ensures that the transfer of property is subject to the conditions set forth in SJMC Section
4.16.250 C.