Novato Municipal Code Ch. II Administration

The meeting place, date and time of the city council meetings and closed sessions shall be established by resolution.

(Ord. No. 1495, § 2)

There is on file in the office of the city clerk a drawing by Carl Rangell labelled:

CITY OF NOVATO

INCORPORATED 1960

CHOKECHE - NOVATO

This seal is hereby adopted as the Official Seal of the City of Novato.

(Ord. No. 156, § 1)

2-3.1 Salaries and Compensation.

a. Salaries. Each member of the council of the City of Novato shall receive, as salary, the sum of one thousand five hundred fifty-two dollars ($1,552.00) per month, which shall be payable at the same time and in the same manner as salaries are paid to other officials and employees of the city.

b. Reimbursement. The salaries prescribed herein are and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him in the performance of official duties for the city.

c. Benefits. Each member of the council shall receive health, dental, insurance, deferred compensation, retirement, and any IRS 125 benefits being received by department heads of the City of Novato.

(Ord. No. 553, §§ 3, 4; Ord. No. 1022, § 1; Ord. No. 1118, § 1; Ord. No. 1130, § 1; Ord. No. 1293, § 1)

2-3.2 Municipal Elections.

a. Purpose. Prior to the effective date of this section, the general municipal election in the city has been held on the Tuesday after the first Monday in November in odd-numbered years. However, in 2015, the State Legislature enacted Senate Bill No. 415 (adding Election Code §§ 14050—14057), the California Voter Participation Rights Act, pursuant to which the city is required to change the date of the city's general municipal election to even-numbered years. The purpose of this section is to adopt a transition plan to change the date of the city's general municipal election to even-numbered years beginning in 2020 and to effectuate said plan by the extension of terms of those council members elected in 2017 and 2019.

b. Date of General Municipal Elections and Transition Plan. In order to effect the transition of the city's general municipal election date from the current odd-year schedule to the even-year schedule, the transition period election dates, and the terms of city councilmembers, shall be as follows:

1. A general municipal election shall be held in the city on the first Tuesday after the first Monday in November of 2017 and 2019, and shall be known as the general municipal election. Notwithstanding section 2-3.3 of the Novato Municipal Code, the terms of the two city councilmembers elected in 2017 shall be extended to five years, ending upon certification of the November 8, 2022 election results and the terms of the three city councilmembers elected in 2019 shall be extended to five years, ending upon certification of the November 5, 2024 election results. All other municipal elections that may be held by authority of general law in the years 2017 through 2019 shall be known as special municipal elections.

2. Effective January 1, 2020, pursuant to Sections 1301 and 10403.5 of the California Elections Code, the day of the general municipal election in the city is moved from the first Tuesday after the first Monday in November of odd-numbered years to the first Tuesday after the first Monday in November of even-numbered years and shall be known as the general municipal election. All other municipal elections that may be held by authority of general law shall be known as special municipal elections. Terms of office of all city councilmembers elected on or after the November 8, 2022 election shall be as set forth in section 2-3.3 of the Novato Municipal Code.

c. Applicability of California Elections Code - Concurrent Elections. Pursuant to Section 1302 of the California Elections Code, the city hereby requests that the County of Marin approve consolidation of the city's November city council election with other general elections conducted by the county in November 2017 and 2019 and thereafter with the statewide general election conducted by the county in November of each even-numbered year. If the county denies the city's request for consolidation, the city alternatively requests that, pursuant to Section 1301 of the Elections Code, the county permit the city to conduct its election concurrently with future statewide general elections (employing a separate ballot from that of the county) unless and until such time as Marin County approves the consolidation of the city council election with the statewide general election, in which case the city council election will be consolidated with the county election.

d. Notice to Voters of Change in Election Date. Within 30 days of the effective date hereof, the city clerk shall cause a notice to be mailed to all regis-tered voters within the city informing the voters of the change in the terms of office for 2017 and 2019 and of the change in election date beginning in 2020, as required by Elections Code Section 10403.5(e).

e. Effective Date. Pursuant to Elections Code Sections 1301 and 10403.5, the ordinance codified in this chapter shall not become effective until approved by the Marin County Board of Supervisors ("effective date").

(Ord. No. 1008, § 1; Ord. No. 1323, § 1; Ord. No. 1391, § 1)

(Ord. No. 1618, § 1, 5-2-2017)

2-3.3 Installation and Term of Officers.

a. The city council shall meet at their usual place of meeting on the first Tuesday after the election to canvass the returns and to install the newly elected officers.

b. Each councilmember shall hold office for a term of four years from and after the date he/she is installed following adoption by the city council of the official canvass of his/her election and until a successor is elected and qualified.

(Ord. No. 1106, § 1)

(Ord. No. 1545, § 1, 12-8-2009)

2-3.4 By-District Electoral System for City Council Members.

a. Pursuant to California Government Code sections 34886 and 34871(a), councilmembers shall be elected by-districts in five single-member districts.

a. 1.

Beginning with the general municipal election in November 2019, councilmembers shall be elected in the electoral districts reflected on the map contained in Exhibit A hereto and as subsequently reapportioned as provided by State law. Elections shall take place on a by-district basis as that term is defined in California Government Code section 34871, meaning one member of the city council shall be elected from each district, by the voters of that district alone. Each councilmember shall serve a term in accordance with sections 2-3.2 and 2-3.3 of the Novato Municipal Code until his or her successor has qualified.

2. Except as provided in subsection (B)(3) hereof, the councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227. Termination of residency in a district by a council member shall create an immediate vacancy for that council district unless a substitute residence within the district is established within 30 days after the termination of residency.

3. Notwithstanding any other provision of this section, each of the councilmembers in office at the time this section takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. Vacancies in councilmember offices elected at-large may be filled from the city at-large. At the end of the term of each councilmember elected at-large, that member's successor shall be elected on a by-district basis in the districts established in subsection A and the map contained in Exhibit A hereto, as subsequently reapportioned as provided by State law. A vacancy in a councilmember office elected by-district shall be filled by a person qualified to hold the office, who is a resident of the district.

(Ord. No. 1650, §§ 1, 2, 5-21-2019)

2-3.5 Election Schedule for Councilmembers Elected By-District.

a. Councilmembers shall be elected in Council Districts 1, 3, and 5 beginning at the General Municipal Election in November 2019, and next at the General Municipal Election in November 2024 pursuant to Novato Municipal Code 2-3.2, and every four years thereafter.

b. The councilmembers from Council Districts 2 and 4 shall be elected beginning at the General Municipal Election in November 2022, and every four years thereafter.

(Ord. No. 1650, §§ 1, 2, 5-21-2019; Ord. No. 1733, § 2, 4-14-2026)

Any person filing nomination papers for any of the elective offices of the City of Novato shall, upon the filing of such papers, pay to the city a filing fee of twenty-five ($25.00) dollars.

(Ord. No. 554, § 1)

* Editor's Note: This section shall automatically be repealed in the event a California Court of Appeal or the California Supreme Court rules that any or all of the provisions of Proposition 208 regarding a local jurisdiction's ability to adopt voluntary expenditure ceilings, including but not limited to California Government Code Sections 85400(c) and 85706, are invalid.

a. No candidate seeking to be elected to an office of the City of Novato and no controlled committee of such candidate shall expend in connection with the election for which said candidate is seeking said office more than one ($1.00) dollar per resident of the City of Novato; provided, however, that the expenditure ceiling established by this section shall be voluntary; and, provided further, that the expenditure ceiling established by this section shall apply to the total amount expended by the candidate and his/her controlled committee.

b. Before accepting any campaign contributions for an election for which a candidate is seeking to be elected to an office of the City of Novato, each said candidate must file with the city clerk a statement of acceptance or rejection of the voluntary expenditure ceiling established under paragraph a., above. The form of said acceptance or rejection shall be prescribed by the city clerk consistent with applicable State law and any regulations promulgated thereunder.

c. As to those candidates who accept the voluntary expenditure ceiling established hereby, the city clerk shall cause their identities to be designated on the ballot and in the ballot pamphlet and sample ballot pursuant to Government Code §85602 and in accordance with regulations promulgated pursuant thereto.

d. For purposes of this section, the number of residents in the City of Novato upon which the expenditure ceiling established hereby is based shall be the number of residents of the city as determined in the population report of the State Department of Finance most recently published prior to the date which is six (6) months before the election to which the expenditure ceiling applies.

(Ord. No. 1364, § 1)

2-4B.1 Subpoenas. In accordance with Government Code Section 37104 or as may be authorized by other statutory provisions, the city council shall have the power to issue subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents, writings as defined in California Evidence Code Section 250 or other items that may be relevant to any investigation, enforcement action, or prosecution of any matter over which the city council has legislative and/or appropriative authority.

2-4B.2 Subpoena Procedures. The city council may exercise its subpoena authority under this section through the following procedures:

a. The city council may authorize, through the adoption of a resolution, the city clerk (with the assistance of the city attorney) to prepare and serve subpoenas for any matter that is described within this section. Such resolution shall state the existence of an investigation, enforcement, prosecution or other proceeding within the city council's legislative and/or appropriative authority, and contain findings specifying the purposes of the subpoena and the relevancy of the subpoenaed testimony and materials thereto. The mayor shall sign all subpoenas. The city clerk shall attest to the Mayor's signature. Upon such signature and attestation, the subpoena shall be deemed to have been issued by the city council.

b. Any subpoena issued in accordance with this section shall comply with the following requirements:

1. The subpoena shall identify the person or persons who are required to comply with the subpoena.

2. The subpoena shall designate any papers, books, accounts, records, documents, or writings as defined in California Evidence Code Section 250, or items or other things to be produced by the witness either by specifically describing each individual item or by reasonably particularizing each category of item.

3. The subpoena shall set forth the time, date, and location for the witness' appearance and/or the production of papers, books, accounts, records, documents, or writings as defined in California Evidence Code Section 250. The subpoena may offer the subpoenaed person the option of producing the records, documents, or things by a specified date and time (which shall be no less than 15 days from the date of service of the subpoena) at the location set forth on the subpoena assembled as specified in Cal. Evidence Code §1560 (b) and (c) and accompanied by the affidavit described in Cal. Evidence Code §1561, or appearing with the records, documents, or things at the specified time, date, and location on the subpoena. Alternatively, the subpoena may direct the witness to make the records or writings available at the witness' residence or place of business under reasonable conditions. The subpoena may command that the person appear before the city council at a duly noticed meeting or appear before the city clerk or other city official or employee.

c. The subpoena shall be served in the same manner as subpoenas are served in civil actions, in accordance with Government Code Section 37105.

d. The city clerk or his/her designee shall be authorized to administer the oaths of any witness whose testimony is required under the subpoena. Any testimony being taken pursuant to a subpoena issued under this section shall be preceded by the city clerk's administration of an oath to the witness.

2-4B.3 Court Proceedings.

a. If any person refuses or fails to comply with a subpoena issued under this section, the mayor may report the noncompliance to the judge of the superior court, in accordance with Government Code Section 37106, and apply for an attachment and/or order to compel that person's full and complete compliance with the subpoena(s).

b. In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in addition to any other penalties that may be authorized by this code for noncompliance with the subpoena(s) or under any other applicable laws.

(Ord. No. 1642, § 1, 10-9-2018)

Editor's note— Ord. No. 1642, § 1, adopted Oct. 9, 2018, repealed the former § 2-4B and enacted a new section as set out herein. The former § 2-4B pertained to issuance of subpoenas and derived from Ord. 1436, § 1.

BEFORE THE CITY COUNCIL OF THE

CITY OF NOVATO

SUBPOENA

THE PEOPLE OF THE CITY OF NOVATO TO: _____

_____

PURSUANT TO GOVERNMENT CODE § 37104 YOU ARE REQUIRED TO DO ONE OR MORE OF THE FOLLOWING (as specified):

□ YOU ARE REQUIRED to appear, attend and testify before the _______ of the City of Novato, at a session of the _______ to be held in the _______in the City Hall located at ______________________ in the City of Novato on the _______ day of _______, 20___, at _____ o'clock ___.m., in connection with the following matter: _____

_____

_____

_____

□ YOU ARE REQUIRED to produce the following documents to the _______ of the City of Novato, at a session of the _______ to be held in the _______in the Council Chamber in the City Hall located at ______________________ in the City of Novato on the _______ day of _______, 20___, at _____ o'clock ___.m. Production of said documents may be made by delivering a copy of said documents to the City Clerk located at 900 Sherman Avenue, Novato, CA 94945 on or before the above date:

_____

_____

FAILURE TO APPEAR PURSUANT TO THIS SUBPOENA is punishable under the laws of the State of California and the City of Novato.

Witness the Council of the City of Novato and the seal of said City, this ___ day of _____, 20___.

Attest my hand:

___________ City Clerk

2-5.1 Creation of Office. The office of city manager is hereby created and established.

(Ord. No. 754, § 1)

2-5.2 Appointment of City Manager. The city manager shall be appointed by majority vote of the city council and shall hold office at the pleasure of the city council. He shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted practices in respect to the duties of his office hereinafter set forth. At the time of his appointment he need not be a resident of the city or the State. No councilman shall receive such appointment during the term for which he shall have been elected nor within two years after the expiration of this term.

(Ord. No. 754, § 2)

2-5.3 Bond. The city manager shall furnish a surety bond to be approved by the council, said bond to be conditioned on the faithful performance of his duties. The premium of the bond shall be paid by the city.

(Ord. No. 754, § 3)

2-5.4 Compensation. The city manager shall receive such compensation as the city council shall fix in the resolution establishing an exempt management recognition and incentive compensation program or by separate contract. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.

(Ord. No. 754, § 4)

2-5.5 Agreements on Employment. Nothing in this section shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional items and conditions of employment.

(Ord. No. 754, § 5)

2-5.6 City Manager Excluded from Civil Service System. The office of the city manager is hereby specifically excluded from the civil service or personnel system of the city and the city manager shall not be enTitled to the benefits, advantages or protection of the civil service or personnel system of the city; he shall not be subject to the procedures outlined or prevailing in the system.

(Ord. No. 754, § 6)

2-5.7 Acting City Manager. The assistant city manager shall serve as acting city manager during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability. If the city manager fails to so designate an acting city manager, the city council may, in case of absence or disability of the city manager, designate a qualified city employee to be acting city manager. The assistant city manager has the authority to conduct any of the duties of the city manager, upon the request or convenience of the city manager.

(Ord. No. 754, § 7; Ord. No. 1407, § 1)

2-5.8 Powers and Duties of City Manager. The city manager shall be the chief administrative officer of the city. He may head one or more departments and shall be responsible to the city council for the proper administration or all affairs of the city. To that end he shall have power and shall be required to:

a. Appointment, Removal, Promotion, Demotion Powers. Appoint or promote, and when necessary for the good of the service, demote, suspend, or remove all officers and employees of the city as provided by Chapter XI, the Personnel Ordinance and Personnel Rules and Regulations, and except as he may authorize the head of a department or office to appoint, suspend, demote, or remove subordinates in such department or office. Department heads who are not subject to the provisions of the personnel ordinance shall be entitled to a statement in writing from the city manager providing the reasons for the intended removal or demotion.

b. Establish Administrative Policies. As the chief administrative officer of the city, the city manager shall have the authority to establish administrative policies and to authorize department heads to issue administrative procedures as may be indicated in the interest of efficient, effective, and economical conduct of the city's business.

c. Control of Officers, Employees and Organization. The city manager shall control, order and give directions to all heads of departments and to subordinate officers and employees of the city through their department head; transfer employees from one department to another; and conduct studies and effect such administrative reorganization of departments and operational units as may be indicated in the interest of efficient, effective and economical conduct of city's business.

d. Departmental Cooperation. It shall be the duty of all subordinate officers and employees to assist the city manager in administering the affairs of the city efficiently, economically, and harmoniously so far as may be consistent with their duties as prescribed by lay and ordinances of the city.

e. Enforcement of Laws. To see that all laws and ordinances of the city are duly enforced and that all franchises, contracts, permits and privileges granted by the city are faithfully observed.

f. Representation of City. To represent the city in its negotiations and working relationships with the State, the county, and other governmental jurisdictions; provided that any contracts negotiated for the exchange of services from any such other governmental jurisdiction shall be subject to approval by the city council.

g. Performance of Duties of City Auditor. To perform or have performed by a properly qualified certified public accountant all of the duties and powers imposed by law on a city auditor.

h. Attendance at Council Meetings. To attend all meetings of the city council unless excused therefrom by the council. He shall be entitled to notice all regular and special meetings of the city council.

i. Recommended Activities. Recommend to the city council adoption of such measures including ordinances and resolutions as he may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services.

j. Advise as to Finances. To keep the city council at all times fully advised as to the financial conditions and needs of the city.

k. Preparation of the Budget. To prepare and submit to the city council the proposed annual budget.

l. Purchase of Supplies. Subject to and in accordance with the city purchasing ordinance, to direct and supervise the purchase and acquisition in any lawful manner of all property, equipment, services, materials, and supplies for the city and for all departments and divisions thereof, provided the purchase or acquisition thereof has been approved by the city council or is included in a budget which has been approved and adopted by the city council. No expenditure shall be submitted or recommended to the city council except on report or approval of the city manager.

m. Investigation of City Affairs and Complaints. Investigate the affairs of the city or any department or division thereof. Investigate all complaints in relation to matters concerning the administration of the government of the city, and in regard to service maintained by the public utilities in the city, and see that all franchises, permits, and privileges granted by the city are faithfully observed.

n. Supervision of Public Property. To exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the city council.

o. Hours of Employment. The city manager shall devote his entire working time to the duties of his office and shall be granted executive compensation for time spent as provided by the city council.

p. Performance of Delegated Duties. To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the city council.

q. Attendance at Commission and Board Meetings. To attend any and all meetings of any commissions or boards heretofore or hereafter created by the city council upon his own volition or upon direction of the city council. At any such meetings which he attends, the city manager shall be heard by such commissions and boards as to all matters upon which he wishes to address them.

r. Preparation of Memorandum of Understanding and Pay and Benefit Recommendations for Nonrepresented Employees. To prepare and submit to the city council the memorandum of understanding and recommend pay and benefits for non-represented employees.

s. Reserved.

t. Authorization to Sign Documents. To execute documents specified in California Government 40602 whenever it is inconvenient for the mayor to do so and provided such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action.

(Ord. No. 754, § 8; Ord. No. 1168, § 1; Ord. No. 1385, § 1; Ord. No. 1438, § 1; Ord. No. 1599, § 3, 6-2-2015)

2-5.9 Administration of City Government. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately.

The city manager shall take his orders from the city council only when sitting in a duly convened meeting of the city council and no individual council member shall give any orders or instructions to the city manager.

(Ord. No. 754, § 9)

2-5.10 Removal of City Manager. Removal of the city manager shall be only by a vote of at least three members of the city council at a regular meeting of the council. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him at least 30 days before the effective date of his removal.

After furnishing the city manager with a written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by action of the council.

In removing the city manager, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof.

The city manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the city council is elected; the purpose of this provision is to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of the 90-day period aforementioned, the provisions of the preceding section as to the removal of the city manager shall apply and be effective.

(Ord. No. 754, § 10)

2-5.11 Conflicting Ordinances. All ordinances of the city prescribing the duties of heads of departments shall remain in full force and effect except insofar as they conflict with the provisions of this section, in which case the provisions of this section shall govern.

(Ord. No. 754, § 11)

2-5.12 Authorizing City Manager and Parks and Recreation Director to Sign City Contracts and Conveyances.

a. As provided by Section 40602 of the Government Code, the city manager is hereby authorized to sign, in lieu of the mayor, all written contracts and conveyances made or entered into by the city and all instruments requiring the city seal.

b. The parks and recreation director is authorized to sign contracts that pertain only to recreation classes and programs and obligate the city to pay no more than ten thousand ($10,000.00) dollars.

(Ord. No. 171, § 1; Ord. No. 1310, §§ 1, 2)

2-6.1 Creation of Office. The office of director of finance is hereby created and established.

(Ord. No. 202, § 1)

2-6.2 Powers, Duties and Responsibilities. The director of finance shall be the head of the finance department of the city and shall have the powers and be charged with the financial and accounting duties formerly imposed upon the city clerk by Article I of Chapter 4, Part 2, Division 3, Title 4, and by Section 40802 through and including 40805 of the Government Code of the State of California and by Ordinance No. 26. He shall also:

a. Maintain and operate the general accounting systems of the city and each of the respective departments and divisions and functions thereof, and prescribe such accounting and reporting procedures that may be established or in operation in each;

b. Assume, maintain and perform all functions and duties as may be assigned pertaining to any fees charged by the city and the collection thereof;

c. Prepare and submit such financial data and detail as to keep the city council and city manager informed on the financial condition of the city and to perform all other duties as may be imposed upon him by law or by direction of the city manager;

d. Supervise and assist in the purchase of all services, supplies, goods, equipment or materials which may be necessary for the proper function of the city.

(Ord. No. 202, § 2)

2-6.3 Surety Bond. The City of Novato shall furnish a surety bond in the sum of fifty thousand ($50,000.00) dollars minimum covering the director of finance.

(Ord. No. 202, § 3)

2-7.1 Delegation to the City Treasurer the Authority to Invest City Funds and to Deposit Securities.

a. Delegation. Pursuant to Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest money of the city to sell or exchange securities so purchased, and to deposit such securities for safekeeping, is hereby delegated to the city treasurer.

b. Investments. The city treasurer is hereby authorized to purchase at their original sale or after they have been issued, securities which are permissible investments under Sections 53601 and 53635 of the Government Code, as they now read or may hereafter be amended, from money in his custody which is not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased.

c. Redemptions. From time to time the city treasurer shall redeem the securities in which city money has been invested pursuant to paragraph b so that the proceeds may be applied to the purposes for which the original purchase money was designated or placed in the city treasury.

d. City Bonds. Bonds issued by the city and purchased pursuant to paragraph b may be cancelled either in satisfaction of sinking fund obligations or otherwise; provided, however, that these bonds may be held uncanceled and while so held may be resold.

e. Reports. The city treasurer shall make a monthly report of all such investments to the city council.

f. Deposits. The city treasurer is hereby authorized to deposit for safekeeping with a trust company or a State or National bank located within this State or with the Federal Reserve Bank of San Francisco or any branch thereof located within this State or with any Federal Reserve Bank or with any State or National Bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the securities in which the city money has been invested pursuant to paragraph b; provided, however, that the city treasurer shall take from such trust company or bank a receipt for the securities delivered to and receipted for by such trust company or bank until they are withdrawn therefrom by the city treasurer.

(Ord. No. 474, §§ 1, 2, 3, 4, 5 and 6)

2-8.1 Adoption of a Purchasing and Contracting System. A purchasing and contracting system is hereby adopted in order to establish efficient procedures for the procurement of services, supplies and equipment at the lowest possible cost commensurate with the level of quality required, to exercise financial control over purchases, and to clearly define authority for the purchasing function. Section 2-8 is also adopted in order to memorialize some of the requirements of the Uniform Public Construction Cost Accounting Act whose procedures were made applicable to the city pursuant to city council Resolution No. 05-84.

2-8.2 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meanings:

a. Contract means any agreement to do or not do a certain thing. For the purposes of this chapter, "contract" and "agreement" are synonymous. The term "contract" includes, but is not limited to, a purchase order; a contract for services; an addendum or change order, which means a change or addendum to an executed contract; a letter of agreement; and a memorandum of understanding.

b. Force account is a term used in the Uniform Public Construction Cost Accounting Act and means an account which is used to account for work performed on public projects using the city's own resources, including but not limited to labor, equipment, materials, supplies, and subcontracts of the public agency.

c. Consultant or professional services means the services rendered by architects, attorneys, engineers, doctors, financial consultants, planning or environmental consultants, investment advisors, bank or trustee officers, and other professional or specialized consultants.

d. General services means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following:

1. Maintenance or nonstructural repair of city buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing, elevator maintenance, custodial services and pest control, etc.;

2. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipment;

3. Replanting, care or maintenance of public grounds, including, but not limited to, maintenance of trees, shrubbery, flowers, and lawns;

4. Providing temporary personnel services;

5. Performing repair, demolition or other work required to abate nuisances under this code;

6. Leasing or rental of equipment (personal property) for use by the city;

7. Maintenance of equipment owned or leased by the city; and

8. Providing other miscellaneous services to facilitate city operations.

"General services" does not include consultant or professional services or goods and services of a technical nature, or work performed as part of a public project.

e. Reserved.

f. Supplies and equipment means and includes tangible goods, supplies, equipment, vehicles, printing, materials, and furniture and furnishings purchased on behalf of the city.

g. Goods and services of a technical nature means hardware, software, or communications equipment, or any item that is substantially similar to the foregoing as determined by the Purchasing Agent, or any maintenance, training, installation, or other specialized services that relate to said items.

h. Public project shall have the meaning given that term by the Uniform Construction Cost Accounting Procedures ("UCCAP") set forth in the Uniform Public Construction Cost Accounting Act ("The Act") and referenced in Section 2-8.15.

i. Purchasing agent authority limit means the dollar amount referred to in the California Public Contract Code Section 22032(a).

(Ord. No. 1599, § 1, 6-2-2015)

2-8.3 Purchasing Agent Designated. The city manager shall be the purchasing agent. The purchasing agent may delegate all or a portion of the contracting or purchasing duties to any city staff member. The purchasing agent shall have the authority to:

a. Contract for or procure consultant or professional services, general services, supplies and equipment, and goods of a technical nature required by the city, in accordance with purchasing procedures outlined in this section;

b. Negotiate and recommend execution of contracts for the purchase of consultant or professional services, general services, supplies and equipment, and goods of a technical nature;

c. Act to procure for the city the necessary quality in consultant and or professional services, general services, supplies and equipment, and goods of a technical nature at the lowest cost to the city;

d. Prepare and recommend to the city council revisions and amendments to the purchasing rules;

e. Establish and maintain such forms and administrative policies as are reasonably necessary to the implementation and enforcement of this section;

f. Supervise the inspection of all consultant or professional services, general services, supplies and equipment, and goods of a technical nature purchased to ensure conformance with specifications;

g. Pursuant to section 2-8.14, arrange the sale or disposal of any and all supplies and equipment and goods of a technical nature which are of no use, are no longer used, or have become obsolete or worn out, or which have otherwise become unsuitable for city use;

h. Maintain a bidders list and other records necessary for the efficient acquisition of consultant or professional services, general services, supplies and equipment, and goods of a technical nature;

i. Join with other governmental agencies in joint purchasing endeavors where the purchasing procedures substantially conform to the provisions of this section and conform to state law; and

j. Provide for the standardization of goods, supplies, materials, vehicles, and other equipment purchased, to maximize consistency, efficiency, and cost savings.

(Ord. No. 1599, § 1, 6-2-2015)

2-8.4 City Council Approval of Contracts and Purchases. City council approval is required for all contracts and purchases with a dollar amount above the purchasing agent authority limit, unless otherwise specified by this section or code, or by another provision of federal or state law.

(Ord. No. 1599, § 1, 6-2-2015)

2-8.5 Unauthorized Purchases. No city officer or employee shall order any purchases or make any contract within the purview of this section other than in accordance with the provisions of this section, with the administrative regulations and procedures established hereunder and with the approval of the purchasing agent. Any purchase or contract made contrary to this section shall be null and void.

(Ord. No. 1599, § 1, 6-2-2015)

2-8.6 Conflict of Interest. In accordance with the requirements of state law, city officers and employees shall not be financially interested in any contract made by them in their official capacity or by any body or board of which they are members, nor shall city officers or employees be purchasers at any sale or vendor at any purchase made by them in their official capacity.

2-8.7 Purchasing Agent Authority for Contracts and Purchases.

a. With the exception of public projects as defined in section 2-8.2 and contracts authorized pursuant to subsection 2-8.7d. below, the purchasing agent is authorized to enter into contracts and approve purchases for any consultant and professional services, general services, supplies and equipment, and goods of a technical nature by the city without the prior approval of the city council if the total cost of the purchase is equal to or less than the purchasing agent authority limit.

b. Notwithstanding anything provided to the contrary herein, the purchasing agent may approve contracts to purchase supplies and equipment above the purchasing agent authority limit if said supplies and equipment are budgeted to be replaced from accumulated funds in the city's equipment replacement fund and there exist sufficient funds in the city's equipment replacement fund to make the purchase.

c. Emergency purchases made pursuant to section 2-13 are subject to the authority limits specified in that section.

d. The purchasing agent is authorized to approve and sign consultant and professional services contracts:

1. Less than or equal to the purchasing agent authority limit, as that term is defined in subsection 2-8.2i.;

2. Of any value if the city funds being spent on the contract are completely reimbursed by an outside entity; and

3. For public projects, as defined in subsection 2-8.2h., related consultant and professional services contracts up to the dollar amount specified in Public Contract Code Section 22032(b).

(Ord. No. 1599, § 1, 6-2-2015)

2-8.8 Purchasing Award—Factors to be Considered for Responsiveness and Responsibility. The following factors shall be considered in determining the responsiveness of potential contracts and purchases and the responsibility of vendors and bidders in accordance with applicable law:

a. The amount of the contract or the purchase price;

b. The ability, capacity, expertise and skill of the bidder or vendor to perform the contract or provide the service required;

c. The ability of the bidder or vendor to perform the contract or provide the service promptly or within the time specified, without delay or interference;

d. The reputation and experience of the bidder or vendor;

e. The previous experience of the city, and the previous experience of other cities and jurisdictions, with the bidder or vendor;

f. The previous and existing compliance by the bidder or vendor with the laws and ordinances;

g. The sufficiency of the bidder's or vendor's financial resources and ability to perform the contract or provide the service;

h. The quality, availability, and adaptability of the supplies or contractual services to the particular use required;

i. The ability of the bidder or vendor to provide future maintenance and service for the subject of the contract or purchase;

j. The number and scope of conditions attached to the contract or purchase;

k. Compliance with any administrative policies referencing "green purchasing" procedures; and

l. Any local preference for which a bidder may be eligible under Section 2-8.17.

(Ord. No. 1599, § 1, 6-2-2015)

2-8.9 Contracts or Purchases of Consultant or Professional Services and Goods of a Technical Nature.

a. Contracts or purchases involving the acquisition of consultant or professional services are exempt from competitive bidding. The purchasing agent shall award the contract to the consultant or service provider who is evaluated to be the most responsive to the needs of the city, as determined by the purchasing agent. The purchasing agent may utilize a request for quotation or request for proposal to ensure the services are matched with the needs of the city.

b. With respect to contracts for or procurement of professional services from private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms, the purchasing agent shall establish administrative procedures to assure that such services are engaged pursuant to a fair and competitive selection process and on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices in compliance with Government Code Sections 4529.10—4529.20 and 4526 or their successors.

c. Contracts or purchases for goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, are exempt from competitive bidding. The purchasing agent shall undertake a thorough review of known products and a comparison of features and award the contract to the vendor or contractor whose proposal would most closely meet the city's needs. In determining which proposal is the most responsive, the purchasing agent shall consider the factors specified in section 2-8.8, including, but not limited to, price.

(Ord. No. 1599, § 1, 6-2-2015)

2.8.10 Contracts or Purchases of General Services, Supplies and Equipment.

a. For purchases of general services or supplies and equipment of less than five thousand ($5,000.00) dollars, informal quotations should be obtained, but are not required. The purchasing agent shall conduct a review of prices and terms through his or her own investigation and contract with the supplier or vendor that can best provide the city with the needed general services, supplies, or equipment.

b. Purchases of general services, supplies and equipment greater than or equal to five thousand ($5,000.00) dollars and less than or equal to the Purchasing Agent Authority Limit shall be based on at least three quotations. Quotations may be in the form of a written quotation, electronic mail, facsimile, or other similar format. Verbal quotations are allowed only when the purchasing agent has made a determination that written quotations are unavailable. Quotations shall be documented on an appropriate form as prescribed by the purchasing agent and forwarded to the finance division for record-keeping purposes. Purchases governed by this subsection shall be consummated after applying the factors stated in section 2-8.8, including, but not limited to, price.

c. Purchases of general services and supplies and equipment with a cost greater than the purchasing agent authority limit shall comply with the formal bidding procedure set forth in subsection 2-8.15c., unless excluded from such bidding by section 2-8.11 or another relevant section of this section 2-8. However, as an alternative to subsections 2-8.15c.2. and 2-8.15c.3., the purchasing agent may use his/her discretion to determine which notification methods shall be used to notify potential bidders.

d. At the discretion of the purchasing agent, the competitive bidding procedure set forth in subsection 2-8.15c. may be used for any acquisition of general services, supplies and equipment, regardless of the value.

(Ord. No. 1599, § 1, 6-2-2015)

2-8.11 Exceptions to Competitive Bidding. The following are exceptions to the competitive bidding requirements specified in sections 2-8.9 to 2-8.10 :

a. Whenever emergency purchases are made pursuant to section 2-13; signature authorities, contracting procedures, approval limits and all other relevant portions of section 2-13 shall govern;

b. Situations where no bids have been received following bid announcements. In said situations, the purchasing agent is authorized to determine which vendor or contractor will best meet the needs of the city and may negotiate a contract directly with such vendor or contractor. City council approval for contracts above the purchasing agent authority limit is still required;

c. Sole source contracts shall be exempted from competitive bidding requirements; a sole source contract shall exist when the city's requirements can only be met by a specific patented article or process, or when there is only one feasible source that meets the city's requirements, or when the purchasing agent has established standardization of a specific type of product that is only available from one feasible source; the purchasing agent shall determine which provider is the only feasible source; city council approval for contracts above the purchasing agent authority limit is still required;

d. Consultant and professional services, pursuant to section 2-8.9;

e. Goods of a technical nature, pursuant to section 2-8.9;

f. When another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment; when purchasing any general services, supplies or equipment in such a fashion, the purchasing agent shall also attempt to obtain at least one quotation from a local vendor, as defined in section 2-8.17 provided that the purchase or contract is not otherwise exempt under section 2-8.17c.;

(Ord. No. 1599, § 1, 6-2-2015)

2-8.12 Splitting Orders Prohibited. The purchasing dollar limits set forth in this section are determined on a per order basis. It is unlawful to split or separate into smaller orders the contract or purchase of general services, supplies and equipment for the purpose of evading the competitive bidding provisions of this section.

(Ord. No. 1599, § 1, 6-2-2015)

2-8.13 Inspection and Review. Except as to public projects, the purchasing agent shall require the inspection of supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications and requirements set forth in the purchase order or contract.

(Ord. No. 1599, § 1, 6-2-2015)

2-8.14 Surplus Supplies and Equipment. The purchasing agent shall have the authority to determine all supplies and equipment which are no longer used or of use to the city or which have become obsolete or worn out. The purchasing agent shall have the authority to sell, trade, exchange, donate, dispose of, recycle, discard or destroy all said supplies and equipment. Such disposals may be made by auction, negotiated sale, or other methods, as determined by the purchasing agent. If items are to be donated, said donation must be for a public purpose (education, hospitals, parks, streets, or other obvious public benefit) and the purchasing agent shall determine the public purpose served by a donation prior to the donation occurring.

(Ord. No. 1599, § 1, 6-2-2015)

2-8.15 Public Projects. Public projects as defined by the Act shall follow the purchasing procedures as set forth in Section 22032 et seq. of the Public Contract Code.

a. Public Projects Performed by Force Account, Etc. The purchase or contract for public projects less than the dollar amount specified in California Public Contract Code Section 22032(a) may be performed by city employees by force account, by negotiated contract, or by purchase order.

b. Public Projects Awarded by Informal Bidding Procedures. The purchase or contract for public projects less than the dollar amount specified in California Public Contract Code Section 22032(b) may be let to contract by informal procedures as set forth in Section 22032 et seq. of the Public Contract Code.

1. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

2. Where a public project is to be performed pursuant to informal bidding procedures, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with this section, or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code, or both. Additional contractors and/or construction trade journals may be notified; provided, however:

(a) If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission.

(b) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

3. All mailing of notices to contractors and construction journals pursuant to this section shall be completed not less than ten calendar days before bids are due.

4. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and shall state the time and place for the submission of bids.

5. The purchasing agent is authorized to award informal contracts pursuant to this section.

6. If all bids received are in excess of the dollar amount specified in California Public Contract Code Section 22032(b), the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at the dollar amount specified in California Public Contract Code Section 22034(f) or less, to the lowest responsible bidder, if it determines the cost estimate of the project was reasonable.

7. If no bids are received through this informal bid procedure, the project may be performed by the employees of the public agency by force account, or negotiated contract.

c. Public Projects Awarded by Formal Bidding Procedures. The purchase or contract for public projects greater than or equal to the dollar amount specified in California Public Contract Code Section 22032(c) shall be authorized by city council and shall comply with the competitive bidding procedures set forth below:

1. Notices inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid forms, plans and specifications may be obtained, the time and place for bid openings, and whether a bid deposit or bond and a faithful performance bond will be required.

2. Notices inviting bids shall be published at least once in a newspaper of general circulation in the City of Novato. The first publication of said notice shall be at least 14 days before the date of bid opening. Notices shall also be sent to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code at least 15 days prior to the date of bid opening. Departments are also encouraged to utilize available "electronic bid board" available via city's website or other electronic notification services to advertise for bids.

3. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list and may advertise the notice inviting bids in applicable publications and websites readily accessible to the public.

4. When deemed necessary by the purchasing agent or city council, any bidder may be required to submit a bid deposit or bond in an amount determined by the purchasing agent or city council. A successful bidder (and his/her/its surety, if a bond is furnished) shall be liable for any damages upon the bidder's failure to enter into a contract with the city or upon the bidder's failure to perform in accordance with his or her bid.

5. When deemed necessary by the purchasing agent or city council, any person or entity entering into a contract with the city may be required to furnish a faithful performance deposit or bond in an amount determined by the purchasing agent or city council.

6. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

7. In its discretion, the public agency may reject any bids presented, if the agency, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the agency's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the agency intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the public agency shall have the option of either of the following:

(a) Abandoning the project or readvertising for bids in the manner described by this article; or

(b) By passage of a resolution by a four-fifths vote of its governing body declaring that the project can be performed more economically by the employees of the public agency, may have the project done by force account.

8. If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the public agency may accept the one it chooses.

9. If no bids are received through this formal bid procedure, the project may be performed by the employees of the public agency by force account, or negotiated contract.

(Ord. No. 1599, § 1, 6-2-2015)

2-8.16 Reserved.

2-8.17 Local Vendor Preference Program.

a. Statement of policy and granting of preference. In order to promote the economic health of the city and to encourage local participation in the procurement of goods, supplies, equipment and services by the city, preference shall be granted to each responsible local vendor by an amount equal to five percent of the total price bid by each of the responsible local vendors.

A bid or proposal from a local vendor for goods, supplies, equipment, and/or services will be tabulated as if it were five percent below the total figure actually set forth in the bid or proposal.

b. Definition and verification of local vendor.

1. Local vendor means and refers to a supplier or provider of goods, supplies, equipment and/or services that:

(a) Has a fixed place of business within the city limits as defined in section 8-1.3;

(b) Has a current business license issued by the city;

(c) Has paid all business assessments and fees imposed by the city; and

(d) Began doing business within the city at least one year prior to the date the city invites bids or quotations for the relevant purchase to which the local vendor is responding.

2. Responsible local vendor means a local vendor who:

(a) Is not barred from government contracts for prior misconduct;

(b) Has not engaged in conduct that would cause him/her/it to be considered nonresponsible under the bidding provisions of the California Public Contract Code and/or the authorities interpreting that code;

(c) Has not had performance issues with prior contracts or is not in active litigation with the city;

(d) Has the necessary materials, personnel and equipment to perform the work and/or services at issue; and

(e) Complies with all city bid procedures.

3. Verification of local vendor. Any vendor claiming to be a local vendor shall so certify in the bid or proposal. The City Manager shall have the final discretion to determine if a vendor meets the definition of local vendor set forth above.

c. Exceptions to local vendor preference policy. Notwithstanding anything to the contrary stated in this section, the local vendor preference granted by this section 2-8.17 shall not apply to the following purchases or contracts:

1. Professional services;

2. Procurement of goods, supplies, equipment and/or services with an estimated cost of five thousand ($5,000.00) dollars or less;

3. Public projects governed under the State of California Public Contract Code Section 21000 et seq.

4. Emergency purchases as defined in the California Public Contract Code or local ordinance;

5. Sole source purchases made by the city;

6. Procurement of goods, supplies, equipment and/or services which are funded in whole or in part by a governmental entity and the laws, regulations, and policies governing such funding prohibit application of a local preference;

7. Where no bids have been received by the city following bid announcements;

8. Goods of a technical nature as defined in subsection 2-8.2g.;

9. Procurement of goods, supplies, equipment and/or services with an estimated cost of two hundred thousand ($200,000.00) dollars or greater; and

10. Procurement of goods, supplies, equipment and/or services at Marin Valley Mobile Country Club.

In addition, in its sole discretion the city council shall have the authority to waive application of these local vendor preference provisions in connection with contracts over which the city council has contracting and/or approval authority.

d. Quality and fitness. The local preference set forth in this section shall in no way be construed to inhibit, limit or restrict the right and obligation of the city council and the city manager to compare quality and fitness for use of supplies, equipment, and services proposed for purchase and compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids or proposals. In addition, the preferences set forth in this section shall in no way be construed to prohibit the right of the city council or the city manager from giving any other preference permitted by law. Notwithstanding the provisions of subsection c.1 above, if the city manager finds a local professional services vendor is equally responsive in meeting the needs of the city, including, but not limited to, price, qualifications, character, responsibility and fitness, he/she may give preference to a local professional services vendor, recognizing the value of local knowledge and expertise.

e. Application. The local vendor preference provided in this section shall apply to new contracts and purchases for goods, supplies, equipment and materials first solicited on or after 30 days after the adoption of this section.

f. Findings. Whenever soliciting proposals for the provision of goods, supplies, equipment and/or services governed by this section, the findings shall be included in the notification to all bidders.

(Ord. No. 1596, § 3, 1-27-2015; Ord. No. 1599, § 2, 6-2-2015)

Footnotes:

--- (1) ---

Editor's note— Ord. No. 1599, §§ 1, 2, adopted June 2, 2015, amended § 2-8 in its entirety to read as set out herein. Former §§ 2-8.1—2-8.17 pertained to purchase of supplies and contractual services and derived from Ord. No. 1276, § 2; Ord. No. 1291, § 2; Ord. No. 1337, § 1, Ord. No. 1348, § 2; Ord. No. 1416, § 1, and Ord. No. 1569, § 1, adopted Jan. 10, 2012.

2-9.1 Training and Recruitment Standards.

a. Law Enforcement Officers. The city declares that it desires to qualify to receive aid from the State of California under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code. Pursuant to Section 13522 of such Chapter 1, the City of Novato, while receiving aid from the State of California pursuant to Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

(Ord. No. 65, §§ 1 and 2)

b. Public Safety Dispatchers. The city declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.

Pursuant to Section 13510(c), Chapter 1, the city will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST).

Pursuant to Section 13512, Chapter 1, the Commission and its representative may make such inquiries as deemed appropriate by the Commission to ascertain that the city's public safety dispatcher personnel adhere to the standards for selection and training established by the Commission on Peace Officer Standards and Training.

(Ord. No. 1189, § 1)

2-10.1 Creation of City Planning Commission. The city planning commission is hereby established. It shall consist of seven members who shall be appointed by the city council, and may at any time be removed from office, without cause, by four votes of the city council.

(Ord. No. 25, § 1; Ord. No. 1197, § 1)

2-10.2 Members' Other Service and Residency Requirement. Members of the planning commission may serve on no more than one other city commission, board or committee at any one time, for a total of two, and that individual cannot chair more than one at a time. Further, a planning commissioner is prohibited from sitting on two commissions, boards or committees where one of those commissions, boards or committees is advisory to the other. Planning commissioners shall at all times during their service be residents of the city.

(Ord. No. 25, § 2; Ord. No. 1573, § 1, 4-10-2012)

2-10.3 Terms of Office. The terms of commissioners which commenced on December 15, 1991 shall terminate on February 15, 1994. Thereafter, unless they are previously removed from office as provided above, the terms of office of members of the planning commission shall be for two years, commencing February 15, 1994.

(Ord. No. 25, § 3; Ord. No. 989, § 1; Ord. No. 1037, § 1; Ord. No. 1170, § 1; Ord. No. 1302, § 1)

2-10.4 Mandatory Powers and Duties.

a. Prepare and recommend to the council the adoption, amendment, extension, addition to, and maintenance of the General Plan for the physical development of the city as defined by the laws of the State.

b. Exercise the control provided by city ordinance over the subdivision of land within the city.

c. Exercise the control provided by city ordinance over the zoning plan and recommend or disapprove any proposed change in such plan.

d. Prepare and recommend plans for the clearance and rehabilitation of slum or blighted areas within the city.

e. Conduct business according to its Policy Manual and rules adopted by the city council.

(Ord. No. 25, § 4; Ord. No. 989, § 1; Ord. No. 1424, § 1)

2-10.5 Planning Commission Discretionary Powers. The planning commission shall have the power to:

a. Prepare and recommend plans for the replanning, improvement, and development of any neighborhoods.

b. Prepare and recommend plans for the replanning, reconstruction, or redevelopment of any area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood, or other disaster.

c. Prepare and recommend plans and procedures for the improvement of housing standards, adequate housing, and regulations relating to housing and building codes.

d. In the performance of its functions, enter upon any land to make examinations and surveys.

(Ord. No. 25, § 5)

2-10.6 (Repealed by Ord. No. 989, § 1)

2-10.7 Creation of Department of Community Development. The department of community development of the city is hereby created and it shall be the duty of such department to prepare a general plan in such form that the general plan or any portion thereof may be adopted, extended, or amended from time to time by the planning commission and the city council pursuant to such procedure as may be required by law and to perform such other duties as may be necessary to carry out the instructions of the planning commission and the city council.

(Ord. No. 25, § 7; Ord. No. 989, § 1)

2-10.8 Community Development Director; Appointment. The head of the department of community development shall be the community development director who shall be appointed by the city manager.

(Ord. No. 25, § 8; Ord. No. 989, § 1)

2-10.9 (Repealed by Ord. No. 989, § 1)

2-10.10 Duties of Director of Community Development. The director of community development shall plan and direct the work of the department of community development, subject to the policies recommended by the planning commission and approved by the council. He shall be the regular technical advisor of the planning commission and the city council, upon subjects germane to city planning, and he shall have such other authority and duties as the council may prescribe or as granted by ordinance or resolution.

(Ord. No. 25, § 10; Ord. No. 989, § 1)

2-11.1 Creation. The design review commission is hereby established. It shall consist of five regular members and two alternates who shall be appointed with the approval of the city council.

(Ord. No. 1188, §1; Ord. No. 1198, § 1; Ord. No. 1306, §§ 1, 2; Ord. No. 1427, § 1 Exh. A; Ord. No. 1520, § 1)

2-11.15 Alternates. In order to ensure a quorum membership, alternate members shall be appointed by the council to be available to temporarily fill a vacancy created by one or more design review commission members who have left office. Additionally, the alternates may be called upon to fill an absence created by a commission member(s) unable to attend a meeting. Once a vacancy has been filled by a regular member, the alternate will revert back to alternate status.

(Ord. No. 1427, § 1 Exh. A; Ord. No. 1520, § 1)

2-11.2 Members' Other Service and Residency Requirements. Members of the design review commission may serve on no more than one city commission, board or committee at any one time. Four design review commissioners shall at all times during their service reside within city limits and one member may reside in the unincorporated area or work in Novato.

(Ord. No. 615, § 2; Ord. No. 991, § 1; Ord. No. 1520, § 1; Ord. No. 1574, § 1, 4-10-2012)

(Ord. No. 1698, § 1, 3-14-2023)

2-11.3 Terms of Office. Terms of regular members of the design review commission shall be for two years. Terms for alternate members shall be for four years.

(Ord. No. 615, § 3; Ord. No. 991, § 1; Ord. No. 1038, § 1; Ord. No. 1172, § 1; Ord. No. 1302, § 2; Ord. No. 1427, § 1 Exh. A; Ord. No. 1520, § 1)

2-11.4 Quorum. Three members of the design review commission shall constitute a quorum.

(Ord. No. 615, § 4; Ord. No. 991, § 1; Ord. No. 1272, § 1; Ord. No. 1378, § 1; Ord. No. 1427, § 1 Exh. A; Ord. No. 1520, § 1)

2-11.5 Powers and Duties.

a. To exercise the control provided by city ordinance for the review and approval of physical development within the city.

b. To recommend changes in the administrative processes which relate to its function which would improve its function and effectiveness. In making such recommendations, every effort should be made to minimize the time frame for action.

c. Conduct business according to its Policy Manual and rules adopted by the city council.

(Ord. No. 615, § 5; Ord. No. 991, § 1; Ord. No. 1425, § 1; Ord. No. 1427, § 1 Exh. A)

2-11.6 Meetings and Rules of Procedure.

a. The design review commission shall meet at least two times each month provided that a meeting may be cancelled if it is determined that there is no business requiring its attention, or if a quorum of members cannot be achieved.

b. The design review commission shall establish a set of rules of procedure for the conduct of its activities.

(Ord. No. 615, § 6; Ord. No. 991, § 1; Ord. No. 1427, § 1 Exh. A; Ord. No. 1520, § 1)

2-12.1 Need Established. The city council has investigated and does hereby determine and declare that there is a compelling community economic need for a redevelopment agency to function within the city.

(Ord. No. 509, § 1)

2-12.2 City Council to Act as Redevelopment Agency. Pursuant to Sec. 33200 of the Health and Safety Code, the city council does hereby declare itself to be the redevelopment agency of the city and the councilmen to be the members of the agency.

(Ord. No. 509, § 2)

2-12.3 Compensation of Members. Pursuant to Sec. 33114.5 of the code, the compensation of the members of the redevelopment agency hereby is established at fifteen ($15.00) dollars per meeting for each meeting of the agency attended by a member, provided no member shall receive compensation for attending more than four meetings of the agency during any calendar month.

(Ord. No. 509, § 3)

2-12.4 Copy Filed with Secretary of State. A certified copy of this section, when effective, shall be filed in the Office of the Secretary of State.

(Ord. No. 509, § 4)

2-13.1 Purposes. The declared purposes of this section are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.2 Definitions. As used in this section, the following definitions shall apply:

a. City means the City of Novato.

b. District means the Novato Fire Protection District unless otherwise indicated.

c. Emergency items mean and include, but are not limited to, such goods and products as food or drink for man or animal, bandages and gauze and other medical supplies, batteries, blankets, lumber, plumbing, electrical and masonry supplies and other hardware or building materials, candles, cooking equipment, clothing, diapers, first aid kits, fire extinguishers, flashlights, flares, gasoline, diesel, gloves, ice, isopropyl alcohol, matches, medicines, prescription and nonprescription drugs, paper towels, radios, safety equipment, sanitation supplies, soaps and detergents, tools (shovels, rakes, brooms, screwdrivers, pliers, hammers, rope, wire, tape, knives), trash bags and trash cans, and water.

d. Emergency plans means those official and approved documents which describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. These plans include such elements as continuity of government, the emergency services of governmental agencies, mobilization of resources, mutual aid, and public information.

e. Emergency repair and safety services mean and include, but are not limited to, contractor services for repairs to residential, commercial, or industrial property of any type which is damaged.

f. State of war emergency, state of emergency and local emergency shall have the same meanings as provided in Government Code 8558, as it may be amended from time to time.

g. Finance section chief and Logistics chief shall have the same meanings as set forth in the approved Emergency Operations Plan.

h. When used in the text of emergency plans prepared under this chapter, "disaster" is synonymous with "emergency."

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.3 Disaster Council Membership. The Novato Disaster Council (disaster council) is hereby created and shall consist of the following:

a. The mayor or designated council member of the city, who shall be chairperson;

b. The city director of emergency services, who shall be the vice-chairperson;

c. The following individuals:

1. District board president or designee;

2. Assistant city manager or designee;

3. City police chief or designee;

4. Fire chief of the district or designee;

5. City community development director or designee;

6. City public works director or designee;

7. City parks, recreation and community services director or designee;

8. Superintendent of the Novato Unified School District or designee;

9. General manager of the Novato Sanitary District or designee;

10. General manager of the North Marin Water District or designee;

11. Chief administrative officer of the Sutter - Novato Community Hospital or designee;

12. Chief executive officer of the Novato Chamber of Commerce or designee.

d. Ex-officio members. The disaster council may include representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as well as emergency management specialists as may be appointed by the emergency services director with notification to the city council. These representatives serve as ex-officio members.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.4 Disaster Council Powers and Duties.

a. It shall be the duty of the disaster council to review and recommend for adoption by the city council and the board of directors of the district, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements;

b. The disaster council shall meet upon call of the director of emergency services at any time, but no less than annually;

c. The disaster council shall encourage coordinated emergency planning between and amongst the city, district, the County of Marin, the Novato Sanitary District, the North Marin Water District, the Novato Unified School District, and other local partners in the Novato area;

d. The disaster council shall promote individual, family and neighborhood disaster preparedness and post-disaster self-reliance programs;

e. The disaster council shall review and evaluate disaster preparedness progress in public and private sectors;

f. The disaster council shall review an annual report summarizing the efforts and progress of overall emergency operations planning which will thereafter be presented by the director of emergency services or his/her designee to the city council and district board.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.5 Emergency Services Management.

a. There is hereby created the position of director of emergency services. The city manager of the City of Novato is hereby appointed the director of emergency services.

b. There is hereby created the position of emergency services manager, who shall be appointed by the city manager from the City of Novato Police Department management personnel or who shall be appointed by contract with the city. The emergency services manager shall be assigned as staff liaison to the disaster council.

c. There is hereby created the position of emergency services coordinator, who shall be appointed by the city manager from the City of Novato Police Department or who shall be appointed by contract with the city.

d. There is hereby created the position of emergency operations center director who shall be appointed as needed by the emergency services director to serve as the emergency operations center director of the emergency operations center when that facility is activated. This position will normally be filled by the city manager, assistant city manager, police chief or the fire chief of the Novato Fire District. The emergency services director can appoint other city or district staff to this position for minor activations or if the city manager, assistant city manager, city police chief or the fire chief of the district are unavailable to serve in this role.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.6 Succession of Officials and Officers During Emergency.

a. Purpose and Applicability. The continuity of local government during a state of war emergency, state of emergency or a local emergency requires minimum precautions be in place to furnish a means by which the continued functioning of the city can take place in the event of such an emergency. Therefore, in accordance with California Government Code Section 8636 et seq., or its successor statute, the City of Novato adopts the following provision for the succession of officials and officers. The following provisions shall apply only in the event of a state of war emergency, state of emergency or state of local emergency.

b. Unavailable. Unavailable for the purposes of this section shall have the same meaning as set forth in California Government Code Section 8636.

c. City Council Members.

1. Nomination of Standby Officers. In January of each year, each member of the city council shall nominate for appointment, by filing with the city clerk, three persons who such city council member believes are qualified to fill his or her office as his or her standby officer in the event that such member is unavailable.

2. Each council member nomination shall also designate the preferred order of succession as among such nominees as first, second, and third alternates.

3. The city council shall consider such nominations and shall, by resolution, appoint three standby officers for each such city council member who shall be assigned standby officer status numbers 1, 2, and 3, as the case may be.

4. Such standby officers shall be appointed to fill the position of the unavailable council member for whom they have been designated in the order designated by such resolution.

d. City Manager. The city council shall, by resolution, appoint three standby officers for the city manager in the event that the city manager is unavailable and shall designate such standby officers 1, 2, and 3 as the case may be. Such standby officers shall be appointed to fill the position of the city manager in the event he is unavailable in the order designated by such resolution.

e. Qualifications of Standby Officers; Replacement; Removal. Each person so appointed as standby officer as set forth above shall be determined by the city council to be qualified to serve in such capacity. Each such appointment shall require the consent of the person appointed as standby officer. Consideration shall be given to places of residence and work, so that for each office for which a standby officer is appointed there shall be the greatest probability of survivorship. Standby officers may be residents or officers of a city other than the City of Novato. In the event that a standby office becomes vacant because of removal, death, resignation or other cause, the city council shall have the power to appoint another person to fill said standby office. Standby officers shall serve in their respective positions as standby officers at the pleasure of the city council and may be removed and replaced at any time, with or without cause.

f. Oath of Office. Each standby officer shall take the oath of office and shall deliver to the city clerk within 30 days after his or her appointment a written declaration under oath that he or she accepts the appointment and will faithfully perform the obligations imposed upon him or her thereby.

g. Duties. The duties of the standby officer shall be as set forth in California Government Code Sections 8641 and 8643, or its successor statute.

h. Department Heads. City department heads shall provide for at least a three-deep order of succession plan for appropriate subordinate positions to succeed to the chief position if the department head is unavailable or unable to serve as set forth herein. Such lists shall be filed with the city clerk in January of each year.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.7 Powers and Duties of the Emergency Services Director, Emergency Services Coordinator.

a. The emergency services director is hereby empowered to:

1. Request the city council to proclaim the existence of a local emergency. If the city council cannot be convened, the emergency services director may proclaim the existence of a local emergency in accordance with California Government Code Section 8630. Whenever a local emergency is proclaimed by the emergency services director, the city council shall take action to ratify the proclamation as soon as is practical, but no later than seven calendar days after the date of such proclamation.

2. Request the governor to proclaim a state of emergency when, in the opinion of the emergency services director, the locally available resources are inadequate to cope with the emergency. When possible, this should be done through the Marin Operational Area, i.e., Marin County Emergency Operations Center.

3. Control and direct the effort of the emergency organization of the city in preparedness, response, and recovery to accomplish the purposes of this section.

4. Direct cooperation between and coordination of services and staff of the emergency organization of the city; and resolve questions of authority and responsibility that may arise between them.

5. Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

b. In the event of the proclamation of a local emergency, the proclamation of a state of emergency by the governor or the director of the state office of emergency services, or the existence of a state of war emergency, the emergency services director is hereby empowered:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations be confirmed at the earliest practicable time by the city council;

2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;

3. To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in Marin County or the existence of a state of war emergency, to command the aid of as many citizens of the city as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

4. To requisition necessary personnel or materials of any city department or agency; and

5. If the emergency services director is the city manager or the city manager's standby officer, to execute all of his or her ordinary power as city manager, all of the special powers conferred upon him or her by this section or by resolution or emergency plan adopted pursuant hereto by the city council, all powers conferred upon him or her by Section 38791 of the California Government Code or any other law, statute rule or ordinance or by any agreement approved by the city council, and any power designated by any other lawful authority.

6. Advise the city council on the needs of the city;

7. Delegate duties as necessary.

c. There shall be an order of succession to the office of emergency services director, which shall be separate from the succession relating to the city manager position set forth in subsection 12-13.6. The designated order of succession for the office of emergency services director is:

1. Assistant city manager;

2. City police chief;

3. City public works director;

4. Such persons, in succession order, as designated by the city manager, in writing, delivered to the city clerk;

5. After determination that each of the members of the city manager's list as set forth in subsection c.4. above is unavailable, the highest ranking city-sworn police officer on duty.

In the absence of the above successors, the city council shall act to provide an updated succession list. The city manager may make changes to this succession list with notification to the city council within seven days of such change. All such changes shall be filed with the city clerk.

d. During an emergency operations center activation, the emergency services director may delegate his/her responsibilities under this section to the authorized emergency operations center director for designated operational periods. Such delegation shall include a written limitation if any on the authority of such delegate to exercise the authority of the emergency services director, including, but not necessarily limited to, fiscal spending authority.

e. The emergency services manager shall, under the supervision of the emergency service director, oversee development of mitigation, emergency operations and emergency operations center and annexes, recovery and other plans, development and implementation of operating procedures and such other rules and regulations necessary to manage the emergency programs of the city and the emergency operations centers; and shall have such other powers and duties as may be assigned by the emergency services director. In formulating emergency plans, consideration shall be given to the special needs of those persons with access and functional needs.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.8 Emergency Organization. To the extent practical, the city's organization during any response will follow the incident command system, Standardized Emergency Management System, and the National Incident Management System and comply with the California Emergency Services Act. All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons ordered into service under the provisions of subsection 2-13.7 of this chapter, shall be charged with duties to protect life and property in the city during such emergency and shall constitute the emergency organization of the city. Formalized volunteer resources from an organized affiliate volunteer program such as the American Red Cross and Citizen Corps Council Community Emergency Response Team will be integrated into the emergency organization.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.9 Emergency Operations Plan. The emergency services manager shall be responsible to oversee development of an all hazard emergency operations plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. The emergency services manager shall also be responsible for the development of other plans or documents that implement an emergency preparedness program in the city. These plans shall meet Federal Emergency Management Agency and Governor's Office of Emergency Services' planning, response and recovery guidance and requirements.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.10 Emergency Response. All emergency response agencies shall use the incident command system, standardized emergency management system and National Incident Management System in responding to, managing, and coordinating multiple agency or multiple jurisdiction incidents, whether single or multiple discipline. Shelter operations during declared emergencies shall be coordinated with the American Red Cross giving consideration to those with special access and functional needs, and those evacuated with domestic animals, according to federal requirements. The city does hereby approve and agree to abide by the California Disaster and Civil Defense Mutual-Aid Agreement and the California Emergency Services Act.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2.13.11 Mutual Aid and Assistance. As conditions arise that exceed or may exceed city personnel and resources, the emergency services director or emergency operations center director may request mutual aid and/or mutual assistance as required. When other jurisdictions require and request assistance, the emergency services director or emergency operations center director may render assistance.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.12 Expenditures. Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Novato.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.13 Emergency Procurement Procedures.

a. Applicability. In a proclaimed state of war emergency, state of emergency, or local emergency when there is an immediate threat to health, safety, welfare, or property, the city's normal purchasing procedures shall be modified as set forth in this section to deal with the exigent circumstances while still maintaining an effective purchasing process and comply with applicable local and state purchasing laws.

b. In addition to the provisions set forth in subsection 2-8.12, the emergency services director is hereby authorized to enter into and execute agreements, for and on behalf of the city for the purposes of emergency purchases of supplies, materials, equipment, services, contractors and personnel, in an emergency in order to protect the health, safety or welfare of the people of the city or the property of the city.

c. For purposes of meeting such emergency, the emergency services director may authorize the expenditure of any unencumbered moneys in the emergency and disaster response reserve fund, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that other moneys have not been appropriated or are otherwise unavailable therefore. The emergency services director shall notify the city council of any expenditure under this provision.

1. Delegation of Purchasing Authority to the Emergency Services Director. Upon the declaration of a state of war emergency, state of emergency, or local emergency, when the city council cannot be assembled in a timely manner and exigent circumstances require the immediate rental or purchase of equipment, supplies, services or other items necessary to respond to an immediate threat to public health, safety or welfare all authority vested in the city council including, but not limited to, that set forth in California Public Contract Code Section 22050, regarding purchasing are delegated to the emergency services director as set forth herein. During an emergency operations center activation, the emergency services director may delegate all or part of his/her authority, to the assigned on-duty emergency operations center director for specific operational periods. Such delegations shall be in writing, setting forth any specific limitations and the applicable time period, and shall be signed by the emergency services director and the assigned, on-duty emergency operations center director.

2. Limits of Single Purchase Authority - Emergency Services Director. The emergency services director has the authority to make individual purchases up to two million ($2,000,000.00) dollars.

3. Limits of Aggregate Purchase Authority - Emergency Services Director. The emergency services director shall have the authority to make aggregate purchases up to five million ($5,000,000.00) dollars.

4. Delegation of Purchasing Authority to the Finance Section Chief. Upon the declaration of a state of war emergency, state of emergency, or local emergency, when the city council cannot be assembled in a timely manner and exigent circumstances require the immediate rental or purchase of equipment, supplies, services or other items necessary to respond to an immediate threat to public health, safety or welfare all authority vested in the city council including, but not limited to, that set forth in California Public Contract Code Section 22050, regarding purchasing are delegated to the finance section chief as set forth herein.

5. Limits of Single Purchase Authority - Finance Section Chief. The emergency operations center finance section chief or logistics chief, has the authority to make individual purchases up to thirty thousand ($30,000.00) dollars. The using department or division shall deliver a requisition to the finance section chief who will obtain the emergency services director approval prior to the expenditure if the amount is more than thirty thousand ($30,000.00) dollars. If the emergency services director is unavailable, and the delay in getting his/her signature would endanger the health, safety or welfare of the citizens of the city or endanger city property, the finance section chief may approve the emergency expenditure of up to three hundred thousand ($300,000.00) dollars. If the finance section chief is not available, the logistics section chief, as defined in the emergency operations plan, shall have the authority otherwise delegated to the finance section chief in this section. The emergency operations center finance section chief will expedite the verification of funds available and complete the preparation of the purchase order.

d. Bidding Requirements.

1. The following provisions shall not be construed as requiring bidding for public works projects otherwise exempt pursuant to the provisions of California Public Contract Code Section 22050.

2. Exempt Purchases. When conditions exist, as described in subsection a. above, purchases shall be exempt from the purchasing provisions of section 2-8.

3. Provision for Alternate Bid Solicitation Procedures. Notwithstanding subsection 2-13.13d.2. above, the city manager may adopt an administrative policy setting forth the purchasing procedures to be followed in the event of a condition described in subsection a. above.

4. Authority to Cancel Emergency Procurements. As a provision of subsection b., the city has the absolute authority to rescind a contract for nonperformance within twenty-four hours when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or nonperformance presents an immediate threat to life, safety or improved property.

5. Council Notification of Emergency Purchases. For any purchase in excess of one hundred fifty thousand ($150,000.00) dollars, the emergency services director shall report all such purchases to the city council within 30 days of the onset of the emergency.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.14 Price Control of Emergency Items and Services During a Proclaimed Disaster.

a. Excessive Price Increases Prohibited. Upon the proclamation of a local emergency by the Novato City Council or emergency services director, it shall be unlawful for any person, business, contractor, or other entity to price, sell, or offer to sell, any emergency items or emergency repair and safety services for a price which exceeds by ten percent the price charged by such person for said emergency items or repair services immediately prior to the proclamation of the local emergency, unless said person can establish by a preponderance of the evidence that the excess was directly attributable to additional costs imposed by the supplier of the emergency items, or resulted from the increased cost of labor and/or materials used to provide the emergency repair services.

b. Contractors. A contractor (as defined in Section 7026 of the Business and Professions Code) shall not be in violation hereof if the contractor's charges for services do not exceed by more than ten percent the prevailing wage for the applicable craft, as published by the California Department of Industrial Relations next preceding the date upon which a proclamation of a local emergency is declared.

c. Termination. Any price regulation imposed hereunder shall terminate upon the cessation of the local emergency as determined by the Novato City Council or emergency services director.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

2-13.15 Punishment of Violations. It shall be a misdemeanor, punishable by a fine of not to exceed one thousand ($1,000.00) dollars, or by imprisonment not to exceed six months, or both, for any person during an emergency to:

a. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon him by virtue of this section.

b. Engage in any act prohibited by any lawful rule or regulation issued pursuant to this section, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof.

c. Wear, carry, or display, without authority, any means of identification specified by any emergency agency recognized by the state.

d. Engage in any act prohibited by subsection 2-13.14 - price control of emergency items and services during a proclaimed disaster.

(Ord. No. 1598, § 1(Exh. A), 4-28-2015)

Footnotes:

--- (2) ---

Editor's note— Ord. No. 1598, § 1(Exh. A), adopted April 28, 2015, amended § 2-13 in its entirety to read as set out herein. Former § 2-13 pertained to disaster council; emergency procedures and derived from Ord. No. 472, §§ 1—10; Ord. No. 1261, §§ 1—10; and Ord. No. 1316, §§ 1, 2.

* Editor's Note: Former section 2-14, Parks and Recreation Advisory Commission, previously codified herein and containing portions of Ordinance Nos. 73, 1036, 1169, 1192, 1283, 1302 and 1426 was repealed in its entirety by Ordinance No. 1521.

* Editor's Note: Former section 2-15, Civic Arts Commission, previously codified herein and containing portions of Ordinance Nos. 555, 1120, 1171, 1184, 1216, 1285 and 1302 was repealed in its entirety by Ordinance No. 1392.

2-16.1 Honesty Blanket Bond; Amount. Every officer or employee of the city, with the exception of elected officers, shall be covered by an honesty blanket bond in the sum of one hundred thousand ($100,000.00) dollars which shall be purchased by the city.

(Ord. No. 183, § 1)

2-16.2 Penal Sum of Official Bonds. In addition to the basic bond required by subsection 2-16.1, the city treasurer shall execute an official bond to the City of Novato in the manner provided by law, in the additional penal sum of fifty thousand ($50,000.00) dollars minimum.

(Ord. No. 183, § 2)

2-17.1 Salaries and Wages. Salaries and wages of city officials and employees shall be paid upon proper certification sheets as submitted by the department in the manner prescribed by the city manager. An audited, comprehensive, annual financial report shall be presented to the city council for ratification.

(Ord. No. 253, § 2; Ord. No. 1073, § 1; Ord. No. 1273, § 2)

2-17.2 Budgeted Items. Warrants drawn in payment of demands conforming to a budget approved by resolution of the city council, or approved by council action prior to demand, need not be audited by the council prior to payment. Prior to payment, all such claims must be adequately substantiated for proper control and audit.

(Ord. No. 253, § 3; Ord. No. 1073, § 1; Ord. No. 1273, § 2)

2-17.3 Presentation of Claims.

a. Pursuant to the authority granted by Section 935 of the California Government Code, all claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections 900, et seq., or another state law, shall be presented within the time, and in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.

b. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910.

c. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city council prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this section.

d. Any action brought against the City of Novato upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the City of Novato shall conform to the requirements of Sections 950-951 of the California Government Code.

(Ord. No. 1466 § 1)

2-17.4—2-17.8 Reserved.

(Ord. No. 1073, Reserved by Ord. No. 1269, § 1)

2-18.1 Inventory of Personal Property. The city manager, or his designate, shall on or before the first Monday in November of each year, and may, at such other times as in his discretion appear desirable, make an inventory of all personal property which has come into the possession of the city and been unclaimed by the owner and will, at the time of any proposed sale, have been in the possession of the City of Novato for at least six months. Such inventory shall give a brief description of all property so held.

(Ord. No. 141, § 1)

2-18.2 Notice of Proposed Sale. Public notice shall be given by publication in a newspaper of general circulation published in the city at least five days prior to any proposed sale. The notice shall contain a brief description of the property to be sold, and the time, place and manner of sale. It shall also contain a brief description of property to be kept or destroyed and a statement that all of the listed property will be either sold, kept, or destroyed if not claimed by the owner before the date set for the sale.

(Ord. No. 141, § 2)

2-18.3 Sale at Public Auction. The city manager, or his designate, shall, on the first Monday in December of each year, and may, at other times in his discretion, sell at public auction, to the highest bidder, all property upon such inventory, except burglar's tools, liquors, and drugs.

(Ord. No. 141, § 3; Ord. No. 1186, § 1)

2-18.4 Disposition of Unsold Property. Any unclaimed property properly inventoried, offered for sale, and remaining unsold may be summarily destroyed by the city manager, or his designate.

(Ord. No. 141, § 4)

2-18.5 Disposition of Liquors and Drugs. Any burglar's tools listed in the notice shall be kept or destroyed by the city manager, or his designate. The city manager, or his designate, may decide, in his discretion, whether any of such items should be kept or destroyed. All liquors and drugs listed in the notice shall be destroyed immediately after the date of the sale.

(Ord. No. 141, § 5; Ord. No. 1186, § 2)

2-18.6 Disposition of Arms or Weapons. Any arms or weapons listed in the notice or which have come into the possession of the chief of police shall be disposed of by the chief of police in the manner provided by the general laws of the State of California.

(Ord. No. 1186, § 3)

2-18.7 Disposition of Unclaimed Bicycles or Toys. Any bicycles or toys which have come into the possession of the chief of police and have been unclaimed for a period of at least 60 days may, instead of being sold at public auction to the highest bidder pursuant to Civil Code Section 2080.5, be turned over to the County Probation Officer or Welfare Department, or to any State or Federal tax-exempt charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency, or for use in any program or activity designed to prevent juvenile delinquency.

(Ord. No. 1314, § 1)

2-19.1 Location Determined. Guidance for implementation and future building of the civic center is as contained in city manager report dated June 23, 1971, entitled "Civic Center Study." This study was accepted by the city council in 1971 at which time it was determined that the future civic center of the City of Novato would be located in the vicinity of Machin, Delong and Reichart Avenues, land which the adequacy of was contained in Civic Center Study - Supplemental Report #1, dated July 13, 1971.

(Ord. No. 645, § 1)

2-19.2 Fund Established. The "Land Acquisition Fund - Civic Center Expansion" was accordingly established by Resolution No. 75-71 on August 10, 1971.

(Ord. No. 645, § 2)

2-19.3 Funds Transferred. The sum of $550,000.00 has been transferred to this fund prior to 1974 and augmented by the additional transfer of $260,000.00 in 1974. An additional $300,000.00 annually through fiscal year 1977-78 is required to build a reserve of sufficient size to pay for the construction of the new Civic Center in 1977.

(Ord. No. 645, § 3)

2-19.4 Fund Redesignated. The fund is hereby redesignated "Civic Center Land Acquisition and Development Fund."

(Ord. No. 645, § 4)

2-19.5 Sources of Additional Funding. Monies will be transferred into this fund as directed annually by the city council and from the following sources:

a. Ad Valorem Taxes levied upon the taxable property in the city in an amount not less than $100,000.00 annually through fiscal year 1977-78, provided that the tax rate does not exceed $0.95.

b. Capital Improvement Funds from any eligible source but not less than $200,000.00 annually through fiscal year 1977-78.

c. Transfer of any eligible unencumbered surplus funds remaining on hand at the end of any fiscal year.

(Ord. No. 645, § 5)

2-19.6 Fund to be Expended Exclusively for Construction of a Civic Center. It is directed by the city council that the above monies (not less than $300,000.00 annually) transferred to the civic center land acquisition and development fund shall be expended exclusively for the construction of the new civic center.

(Ord. No. 645, § 5)

2-20.1 Definitions. As used in this section:

a. "City" shall mean the City of Novato, a municipal corporation, situated in the County of Marin, State of California.

b. "County" shall mean the County of Marin, a political subdivision of the State of California, (Ord No, 6, § 1)

2-20.2 Transfer of Duties. The assessment and tax collection duties, and the collection of assessments levied for municipal improvements, now performed by the assessor and the tax collector of the city, are hereby transferred to the assessor and the tax collector of the county for the purpose of assessment and collection of and for ad valorem property taxes that become a lien after the adoption of this section, and the collection of assessments for municipal improvements becoming due and payable on and after July 1, 1960. (Ord, No. 6, § 2)

2-20.3 Abolition of Offices for City Assessor and City Tax Collector. The offices of city assessor and city tax collector are hereby abolished as of the first day of July, 1960, and thereafter all duties performed by the city assessor other than the assessing of property in the city, and all duties performed by the city tax collector other than the collection of ad valorem taxes on property that becomes a lien after the adoption of this section and the collection of assessments for municipal improvements becoming due and payable on and after July 1, 1960, are hereby transferred to and are to be performed by the city clerk.

(Ord. No. 6, § 3)

2-20.4 Filing of Certified Copy. The city clerk shall cause a certified copy of this ordinance to be filed with the auditor of the county on or before the first Monday of February, 1960, and immediately thereafter shall notify the State Board of Equalization.

(Ord. No. 6, § 4)

2-21.1 Establishment and Purpose of Fund. There is hereby established the City of Novato Equipment Replacement Fund which shall be used for the purpose of accumulating and disbursing funds for the acquisition and replacement of city vehicles, rolling stock, and such other equipment as may hereafter be designated by appropriate action of the city council.

(Ord. No. 847, § 1)

2-21.2 Transfer of Balances.

a. All balances in the City of Novato Vehicle Replacement and Maintenance Fund on July 1, 1978, plus all funds accumulated therein from July 1, 1978, through the effective date of this section for equipment replacement purposes shall be transferred to the equipment replacement fund on the effective date of this section.

b. The amount of one hundred thousand ($100,000.00) dollars appropriated in the general fund unallocated reserve budget as adopted for fiscal year 1978/79 shall be transferred to the equipment replacement fund on the effective date of this section.

(Ord. No. 847, § 2)

2-21.3 Sources of Funds. There shall be deposited into the equipment replacement fund the following funds:

a. A monthly depreciation amount as hereinafter computed for each piece of equipment purchased by the equipment replacement fund or its predecessor.

b. Interest earned on the investments of the equipment replacement fund balances.

c. Proceeds from the sale of equipment originally purchased by the equipment replacement fund or its predecessor.

d. Such other funds, including transfers from other city funds as may be directed by the city council.

(Ord. No. 847, § 3)

2-21.4 Monthly Depreciation Charge; Computation.

a. A monthly rental charge for each piece of equipment purchased by the equipment replacement fund shall be computed by projecting replacement date for such equipment, estimating the replacement cost including inflationary cost increases, and dividing the estimated replacement costs by the number of months between the date of purchase and the projected replacement date. Not less than annually the finance director shall review the replacement schedule and estimate a replacement cost for each piece of equipment and shall report to the city manager the findings of such a review. Rental charges may be modified as a result of this review without action by the city council unless the effect of such an adjustment would be to exceed the adopted city budget, in which event council action is required. The monthly charge specified herein is separate from monthly charges for equipment maintenance and operation.

b. For equipment purchased prior to the effective date of this section, an estimated salvage value may be deducted from the estimated replacement costs prior to computation of the monthly charge.

(Ord. No. 847, § 4)

2-21.5 Use of Interest Earnings and Proceeds from Sale of Equipment. Accumulated interest earnings and proceeds from the sale of equipment shall be used to finance the difference between actual and estimated replacement costs.

(Ord. No. 847, § 5)

2-22.1 Standard Code. In compliance with the Political Reform Act, Government Code Section 81000 et seq. the city is required to adopt and promulgate a Conflict of Interest Code. Pursuant to California Administrative Code Section 18730 which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference, the terms of Section 18730 and any amendments to it adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with Appendixes "A" and "B"* in which officials and employees are designated and disclosure categories are set forth, are hereby adopted and promulgated as the Conflict of Interest Code of the City of Novato.

Pursuant to Section 4(C) of the Standard Code, all designated employees shall file statements of economic interests with the city clerk on behalf of the city council as the code reviewing body.

The city clerk shall maintain a copy of the standard Conflict of Interest Code.

(Ord. No. 929, § 1; Ord. No. 1039, § II; Appendix A amended by Ord. No. 1200, § 1; Appendices A and B amended by Ord. No. 1282, § 2; Appendix A amended by Ord. No. 1446, § 2; Appendices A and B amended by Ord. No. 1486, § 2; Appendix A amended by Ord. No. 1513, § 1; Appendix A amended by Ord. No. 1552, § 1, 9-14-2010)

(Appendix A amended by Ord. No. 1697, § 1, 2-14-2023; Appendix A amended by Ord. No. 1714, § 1, 2-27-2024)

* Appendix A and Appendix B can be found at the end of this chapter.

2-23.1 Established. There is hereby established an Underground Utilities Improvement Fund.

(Ord. No. 964, § 1)

2-23.2 Disposition of Funds. All sums deposited in this fund shall be used solely for costs or expenses related to the undergrounding of overhead utilities, including any and all city costs in connection therewith. All interest earnings received by the city from investment of this fund balance shall be deposited into this fund.

(Ord. No. 964, § 1)

2-24.1 Need Established. The council recognizes the need to revitalize the downtown area through the establishment of a renewed business community and to create an environment which will enhance the growth and direction of the business district, and to develop and implement plans to create adequate parking, downtown beautification, and civic center expansion as it affects the business community. Therefore, there is hereby established a downtown revitalization advisory commission. It shall consist of seven members appointed by the mayor with the approval of the city council.

(Ord. No. 1029, § I)

2-24.2 Members Shall Not Hold Other Offices. Members of the commission shall not hold any other public office for the city; and shall, at all times during their service, be residents of the City of Novato, maintain a business, or be employed within the city limits.

(Ord. No. 1029, § I)

2-24.3 Terms of Office; Appointment and Removal.

a. The term of office for each member of the commission shall be four years, except the initial appointments whose terms shall be designated as two years.

b. Members appointed to fill vacancies due to removal or resignation will serve the remainder of the designated term.

c. Members may at any time be removed from office without cause by four votes of the city council.

d. Upon initial appointment, three members shall serve a two-year term and four members shall serve a four-year term of office.

e. The terms of all members shall expire on November 30; however, a member whose term has expired shall remain a member until their successor has been appointed by the city council.

(Ord. No. 1029, § I)

2-24.4 Quorum. Four members of the commission shall constitute a quorum.

2-24.5 Powers and Duties. The commission shall be advisory only and shall have the following duties:

a. Identify and recommend adoption to the city council of a geographic area to be known as the Downtown Revitalization Area. The boundary may be amended from time-to-time.

b. Provide plans and recommendations to the city council and staff specific to revitalizing the downtown and enhancing the growth of the business district.

c. To concentrate its efforts on providing adequate district parking, civic center expansion, and downtown beautification.

d. To identify needs, strategies, priorities, and financial alternatives suitable to accomplish the goals stated in subsection 2-24.1 of this section.

(Ord. No. 1029, § I)

2-24.6 Meeting and Rules of Procedure.

a. A meeting may be cancelled if it is determined that there is no business requiring its attention; or, if a quorum of members cannot be achieved.

b. The commission shall establish a set of rules of procedure for the conduct of its activities.

c. Meetings shall be at a time and place convenient to the general public.

(Ord. No. 1029, § I)

2-24.7 Sunset Provision. This commission will terminate four years after the initial appointments commencing on November 30, 1983, unless the council enacts an ordinance extending the life of the commission.

(Ord. No. 1029, § I)

2-25.1 Resolution of Intention, Public Hearing and Findings. The recitals hereof, which set forth facts regarding the adoption of council resolutions, the conduct of public hearings and certain findings of the city council, are true and correct and incorporated herein by reference. To the extent that the recitals conflict with the provisions contained in this chapter, the provisions of this chapter shall control.

(Ord. No. 1414, § 1)

2-25.2 Definitions. In order to distinguish between district businesses and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply:

a. Retail businesses. "Retail businesses" include all businesses not covered by other definitions set out in this section, at least 50 percent of whose gross income is derived from "retail sales" as that term is defined under the California Sales and Use Tax Law. The fact that a substantial part of its business consists of sales other than retail sales does not exclude said business from this classification so long as such other business component does not account for more than 50 percent of said business' gross income.

b. Restaurants. "Restaurant" businesses include cafes, eating establishments, sandwich shops, dinner houses, restaurants, fast food services and other similar businesses.

c. Bed and breakfast inns (or "B&B"). "B&B" businesses are residential structures with one family in a permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A B&B with more than five guest rooms is considered a hotel or motel.

d. Lodging. "Lodging" businesses include inns, hotels, motels, RV parks and other similar businesses; provided that a lodging business does not include a B&B business.

e. Service. "Service" businesses include general office, news and advertising media, printers, photographers, personal care facilities and outlets, entertainment uses, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses, household finance companies, and other similar businesses not otherwise included in subsections a., b., c., d., f., or g. of this section.

f. Professional. "Professional" businesses include attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists and designers.

g. Financial. "Financial" businesses include banks, savings and loans, credit unions, etc.

h. Calendar year. "Calendar year" means January 1 st to and including December 3l st of the same year.

i. Billing period. "Billing period" shall refer to the calendar year.

j. Fiscal year. "Fiscal year" for the purposes of this chapter, shall be a calendar year from January 1 st to and including December 31 st of the same year.

(Ord. No. 1414, § 1; Ord. No. 1506, § 1; Ord. No. 1707, § I, 10-24-2023)

2-25.3 Establishment of Boundaries. The downtown Novato business improvement district (the "district") is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, ("1989 Act"), Streets and Highways Code Section 36500, et seq. The boundaries of the district and the benefit zones within the district shall be as set forth on Exhibit "A — 2024 District Benefit Zones and Assessments" attached to the 2023 ordinance amending this section and incorporated herein by reference. 1 The businesses in the district shall be subject to the 1989 Act. This district shall be known as the "downtown Novato business improvement district."

(Ord. No. 1414, § 1; Ord. No. 1707, § II, 10-24-2023)

2-25.4 Establishment of District Board of Directors. There is hereby established a board of directors ("board") of the district to administer the affairs of the district. Said board shall be constituted of owners of businesses within the district. There shall be 15 members of the board, who shall serve three-year terms. The initial appointments shall be five board members appointed for three-year terms, five for two-year terms, and five for one-year terms. The city council shall make appointments to the board only from district members who have been chosen by election of the district members. Within the board there shall be a president, vice-president, secretary and treasurer elected by the board members, and such other officers as deemed necessary by the board. Such other officers shall be appointed by the board of directors in its discretion. All voting within the district to elect the persons who are recommended to the council for appointment to the board of directors and all voting which is solicited by the board of directors on items concerning district activities, improvements, operations, boundaries, and assessments shall be based on one vote per assessed dollar. Any owner of a business within the district desiring to exercise the franchise granted herein must be current in payment of its/his/her assessment.

(Ord. No. 1414, § 1)

2-25.5 Establishment of Benefit Assessment.

a. All businesses, trades and professions located within the district boundaries shown on Exhibit "A — 2024 District Benefit Zones and Assessments" shall, commencing January 1, 2024, pay an annual benefit assessment to the district as determined by the city council and as set forth in the annual report. Said assessment shall be based upon (i) the location of the businesses as shown on Exhibit "A — 2024 District Benefit Zones and Assessments" (i.e., Zone A, Zone B or Zone C), and (ii) the following classification of businesses: retailers, restaurants (1—3 employees, 4—6 employees, 7+ employees), service businesses, professional businesses, financial institutions, lodging and bed and breakfast inns. Commencing January 1, 2024, and covering calendar year 2024, each of these businesses shall be assessed the amounts shown on Exhibit "A — 2024 District Benefit Zones and Assessments" based on the number of employees employed by each business. Retail and restaurant businesses shall be assessed according to the number of full-time employees each such business employed during the previous calendar year. That number shall be determined by dividing 2,000 into the number of hours all employees, part-time and full-time, worked for the business in question during that calendar year.

b. The annual benefit assessment for calendar year 2024 stated above may be revised annually by the city council as part of its review and confirmation of the annual report. If the annual report recommends a revision of the assessment, the city council may approve such a revision. The city council may approve up to and including a five percent increase each year if so recommended by the annual report which shall constitute a "range of assessments" as that term is used in Government Code section 54954.6(a)(1)(D).

(Ord. No. 1414, § 1; Ord. No. 1506, § 1; Ord. No. 1707, § III, 10-24-2023)

2-25.6 Purpose and Use of Benefit Assessments. The types of improvements and activities which may be funded by the levy of assessments on business in the district are as follows:

a. The acquisition, construction, installation, or maintenance of any tangible property with an estimate useful life of five years or more including, but not limited to, the following improvements:

1. Benches;

2. Trash receptacles;

3. Decorations;

4. Facade improvements;

5. Permanent landscaping;

b. Activities including but not limited to the following:

1. Promotion of public events which benefit businesses in the district and which take place on or in public places within the district;

2. Furnishing of music in any public place in the district;

3. Activities which benefit businesses located and operating in the district, including but not limited to commercial shopping and promotional programs;

4. Any activities approved by the board of directors for the benefit of businesses located and operating in the district.

(Ord. No. 1414, § 1; Ord. No. 1506, § 1)

2-25.7 Exclusions From Benefit Assessment. No person, business or use shall be required to pay an assessment: (a) based on a residential use of the property within the district; (b) based on a governmental use occurring within the district; or (c) if she/he or it is a non-profit organization as defined by Section 501(C)(3) or (C)(6) of the Internal Revenue Service Code located within the district.

(Ord. No. 1414, § 1)

2-25.8 New Business Assessment Waiver. Any new business established within the district shall not be required to pay an assessment for the billing period during which said business is initiated. The business will have been considered initiated on the date it is issued a business license by the city. This waiver shall not apply to an existing business that has changed ownership or location within the district. City agrees to supply the district with timely information regarding new businesses initiated within the district.

(Ord. No. 1414, § 1)

2-25.9 Collection of Benefit Assessment. The benefit assessment authorized by this chapter for businesses located and operating in the district shall be billed each calendar year on January 1st. The businesses in the district shall pay such assessment no later than February 1st. The city will bill and collect the assessments at no charge to the district and forward all funds collected from the levy assessments to the district by March 1st. Any assessments not received by February 1st shall be subject to a late penalty of 10 percent of the amount due for that year, plus an additional 10 percent per month for each month delinquent thereafter. The city may utilize any legal means to collect any unpaid assessments, including, but not limited to, the use of a collection agency or by filing a legal action to recover such unpaid assessments.

(Ord. No. 1414, § 1; Ord. No. 1506, § 1)

2-25.10 Voluntary Contributions to District. Contributions to the district shall be permitted on a voluntary basis. The boundary of the district shall not be modified as a result of the contribution, nor shall said contributing business be considered a member of the district for voting or other purposes. However, said business making a voluntary contribution may be entitled to participate in the improvements and activities of the district upon a finding by the board of directors that the district derives a benefit from said business' participation in the improvements and activities.

(Ord. No. 1414, § 1)

2-25.11 Annual Report to City Council—Conduct of Hearing—Levy of Assessment.

a. The board of directors of the district shall prepare, on or before November 1st, a report for each calendar year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The board shall file the report with the city clerk and shall specify the name of the district, the calendar year to which the report applies, and, with respect to that calendar year, shall contain all of the following:

1. The improvements and activities to be provided for that calendar year.

2. An estimate of the cost of providing the improvements and the activities for that calendar year.

3. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that calendar year.

4. The amount of any surplus or deficit revenues to be carried over from a previous calendar year.

5. The amount of any contributions anticipated to be made from sources other than assessments levied pursuant to this chapter.

b. The board's report may propose changes, including, but not limited to, the boundaries of the district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of businesses. If such changes are proposed in the report, the report shall also include a detailed description of any such proposed changes.

c. After the filing of the report, the city council shall adopt a resolution of intention to levy an annual assessment for that calendar year and shall comply with the 1989 Act in preparing the resolution, setting the matter for a public hearing on the levy of the proposed assessment for that calendar year, publishing notice of the public hearing and conducting the public hearing. At or before the time for the public hearing, the public may submit written or oral protests pursuant to Streets and Highways Code Section 36524 and if written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied and these protests are not withdrawn to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the city council. If the protest is only against the furnishing of a specified type or types of improvement or activity within the area those types of improvements or activities shall be eliminated.

d. At the conclusion of the public hearing, the city council may approve the report as filed by the board, or modify any particular contained in the report and approve it as modified. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized and executed contract to be paid from the revenues derived from the levy of assessment. The city council shall not change the boundaries of the district to include any territory that will not, in its judgment, benefit by the improvements or activities contained in the report.

e. At the conclusion of the public hearing, the city council may adopt a resolution confirming the report as originally filed, or as modified by the city council. The adoption of the resolution shall constitute a levy of an assessment for the calendar year referred to in the report.

(Ord. No. 1414, § 1; Ord. No. 1506, § 1)

2-25.12 Decisions Regarding Expenditures of Funds. Decisions of the district board of directors regarding expenditure of all funds generated under this program shall be final and consistent with the 1989 Act and any agreements between the city and the board of directors for the administration of the district.

(Ord. No. 1414, § 1; Ord. No. 1506, § 1)

2-25.13 District Proceeds Do Not Offset City Services. City specifically finds and declares that the funds derived from the district shall not be used to offset or diminish current maintenance, capital improvement programs, including but not limited to, public property and sidewalk cleaning, street cleaning and maintenance, tree maintenance, restroom cleaning and maintenance as was provided before the district was formed and at the levels in existence before its establishment.

(Ord. No. 1414, § 1)

2-25.14 Disestablishment of the District. Proceedings to disestablish the district shall be initiated by the city council and shall follow the procedures set forth in California Government Code Section 36550. Under Section 36550 of the 1989 Act, the council retains the discretion of disestablishment. In the event of disestablishment of the district, remaining revenues of the district shall be refunded to paying business owners in a pro rata manner calculated in the same manner as was used to establish the most recent assessments applied in the district.

(Ord. No. 1414, § 1)

2-25.15 Assessment Is Not a Tax. Annual benefit assessments charged through the district which benefit individual businesses may also benefit the properties within the district directly or indirectly. These assessments are not to be considered taxes for the general benefit of the city, but instead these benefit assessments confer special advantages upon the businesses for which the improvements and activities are provided.

(Ord. No. 1506, § 1)

2-25.16 Books, Records and Audit. The district shall keep a complete standard form of books showing all receipts and all disbursements made, and said books and records shall at all times be available for a compliance audit by city's finance office, or a financial audit conducted by a certified public accountant retained by the city, at the city's expense. Said audits shall be conducted as needed, in the sole discretion of the finance office.

(Ord. No. 1506, § 1)

* Editor's Note: Section 2-26 "Restrictions on the Incurring of Long-Term Obligations," was approved by the electors of the City of Novato at the Municipal Election held November 3, 1987.

2-26.1 Findings. The people of the City of Novato hereby find and declare as follows:

a. The people of the City of Novato support an orderly and well managed city government.

b. The Novato city council is proposing use of a so-called "lease back" arrangement to finance acquisition of the new civic center.

c. This financing method disguises purchase installments as "rent" and effectively prevents the voters from exercising their constitutional right to approve or disapprove of long-term obligations incurred for acquiring, constructing or altering public facilities.

d. Government is instituted for the protection, security and benefit of the people who have the right to alter or reform it when the public good may require.

e. The California State Constitution grants city voters the right to use the initiative process to enact ordinances directly.

(Ord. No. 1165, § 1)

2-26.2 Transactions Requiring Voter Approval.

a. Without prior approval by a simple majority vote of the city electorate at a regular scheduled election, the City of Novato shall not enter into any lease or other transactions by which it obtains the use of real property if all of the following factors are present:

1. The property will have a total cost of construction (or if it is already built and has a fair market value) in excess of one million ($1,000,000.00) dollars; this amount shall be automatically increased or decreased in proportion to increases in the "San Francisco - Oakland - San Jose All Items" Consumer Price Index or successor index published by the U.S. Department of Labor.

2. The lease or other transactions will continue in excess of four (4) years.

3. Upon completion of the term of the lease or termination of the other transaction whichever is applicable, title to the property will in any manner vest in the city without its paying the then Fair Market Value of the property.

(Ord. No. 1165, § 1)

2-26.3 Voter Approval Required. Without prior approval by a simple majority vote of the city electorate, it shall be unlawful for the city council of the City of Novato or any officer, employee, agent, trustee or other representative of the City of Novato to enter into any such lease or other transaction as described in subsection 2-26.2.

(Ord. No. 1165, § 1)

2-26.4 Intent. It is the intent of this section to prohibit the City of Novato and its representatives from incurring, without approval by the vote of the electorate, major, long-term obligations for public facilities, even though such obligations may not technically exceed the "constitutional debt limit." It is intended to prohibit the incurring, without voter approval, of such obligations in any form and by whatever name they may be called, whether purchased, leased, subleased, contract, series of contracts, joint powers agreement, lease/purchase, lease/lease-back or otherwise, for the construction of any new facility or for the alteration of acquisition of any existing facility.

(Ord. No. 1165, § 1)

2-26.5 Severability. The provision of this section are severable and intended to have independent validity. If any provision of this section is held invalid, the remainder shall continue in full force and effect. If the application of any provision of this section to a particular person or circumstance is held invalid, all applications shall remain unaffected.

(Ord. No. 1165, § 1)

2-26.6 Ordinance a Declaration of Policy. If this section should for any reason be declared invalid, its approval by the voters shall be deemed a Declaration of Policy.

(Ord. No. 1165, § 1)

2-26.7 Construction in Accordance with State and Federal Laws. This section is not intended to be in conflict with any state or federal laws and shall be construed accordingly.

(Ord. No. 1165, § 1)

2-27.1 Limitation on Code Civil Procedure Section 1094.6 Proceedings.

a. The provisions of Section 1094.6 of the Code of Civil Procedure, limiting the time in which adjudicatory administration decisions may be reviewed and specifying preliminary procedures, are adopted for review of all proceedings of city within the scope of Section 1094.6.

b. Any petition for writ of mandate seeking judicial review of a decision suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit, license or other entitlement for use, or denying an application for any retirement benefit or allowance shall be filed not later than the 90th day following the date on which the decision becomes final.

c. In making any final decision as defined in paragraph b. above, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section.

(Ord. No. 1245, § 1.7)

2-28.1 Payment of Fees for Administrative Transcripts. Where an administrative transcript is requested by a petitioner for use in proceedings to review any action or decision of the city, the estimated cost of the transcript shall be paid to the city before the transcript is prepared. The city clerk shall make the estimate and shall provide a written statement of the estimate to the petitioner. If the actual cost is less than the estimate, an appropriate refund shall be made; if more, the difference shall be paid before the transcript is delivered to the petitioner or to the court.

(Ord. No. 1245, § 1.8)

2-28.2 Fees for Issuance of Permits, Filings and Administrative Services.

a. The city council may by resolution set fee for the issuance of permits by the city, the filing of applications with the city, or the performance of administrative services by the city.

b. To the extent feasible, the amount of the fee shall be determined on a cost recovery basis to enable the city to charge the actual costs of providing services. The amount of the fee shall not exceed the estimated reasonable cost of providing the service for which the fee is charged.

c. The city will comply with all applicable notice and public hearing requirements prior to adopting any fee.

(Ord. No. 1244, § 1)

a. Scope. The duty to exhaust administrative remedies imposed by this section extends to:

1. Any fee or charge subject to articles XIII C or XIII D of the California Constitution;

2. Any assessment on real property levied by the city; and

3. The methodology used to develop and levy such a fee, charge, or assessment.

b. "Hearing" as used in this section means the hearing referenced in paragraph 4 of subsection d. of this section.

c. Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the city, unless that person submitted to the city clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

d. Procedures. The city shall:

1. Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection d.

2. Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer's report, and include a link to the internet website in the written notice of the hearing, including, but not limited to, a notice pursuant to subdivision (c) of section 4 or paragraph (1) of subdivision (a) of section 6 of article XIII D of the California Constitution.

3. Mail the written basis described in paragraph 2 of this subsection d. to a ratepayer or property owner on request.

4. Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the city clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a hearing on the rate, charge or assessment.

5. Include in a written notice of the hearing, a statement in bold-faced type of 12 points or larger:

(a) That all written objections must be submitted to the city clerk by the end of public comment period at the hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.

(b) All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, article XIII D, section 6(a) or for an assessment on real property under California Constitution, article XIII D, section 4(e).

e. Council Consideration; City Responses. Before or during the hearing, the city council shall consider and the city shall respond in writing to, any timely written objections. The city council may adjourn the hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the hearing occurs. The city's responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

f. City Council Determinations. The city council, in exercising its legislative discretion, shall determine whether:

1. The written objections and the city's response warrant clarifications to the proposed fee, charge, or assessment.

2. To reduce the proposed fee, charge or assessment.

3. To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed.

4. To proceed with the hearing, to continue it, or to abandon the proposal.

(Ord. No. 1726, § 2, 8-26-2025)

Editor's note— Former § 2-29, police advisory and review board, previously codified herein and containing portions of Ordinance Nos. 1278 and 1307, was repealed in its entirety by Ordinance No. 1365. Subsequently, Ord. No. 1726, § 2, adopted August 26, 2025, enacted a new § 2-29 as set out herein.

2-30.1 Definitions. As used in this Chapter, the following capitalized terms shall have the following meanings:

a. "City" shall mean the City of Novato.

b. "Employee" shall mean any person who:

1. In a particular week performs more than two hours of work within the geographic boundaries of the city for an employer; and

2. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Section 1182.12 and Section 1197 of the California Labor Code.

c. "Employer" shall mean any person, including corporate officers or executives, who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of any employee.

d. "Franchise" means a written agreement by which:

1. A person is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan prescribed or suggested in substantial part by the grantor or its affiliate;

2. The operation of the business is substantially associated with a trademark, service mark, trade name, advertising, or other commercial symbol; designating, owned by, or licensed by the grantor or its affiliate; and

3. The person pays, agrees to pay, or is required to pay, directly or indirectly, a franchise fee.

e. "Franchisee" means a person to whom a franchise is offered or granted.

f. "Franchisor" means a person who grants a franchise to another person.

g. "Governmental agencies" shall include federal agencies, state agencies, school districts and auxiliary organizations as defined under Education Code Sections 72670(c) and 89901. Governmental agency does not include the city.

h. "Large employer" shall mean an employer for which normally 26 to 99 persons work for compensation during a given week, including persons employed outside the city.

i. "Minimum wage" shall have the meaning set forth in section 2-30.3 of this chapter.

j. "Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. "Person" shall also include the city.

k. "Small Employer" shall mean an employer for which normally 25 or fewer persons work for compensation during a given week, including persons employed outside the city.

l. "Very Large Employer" shall mean an employer for which normally 100 or more persons work for compensation during a given week, including persons employed outside the city.

m. In determining the number of persons performing work for an employer during a given week, all persons performing work for the same business enterprise for compensation on a full-time, part-time, or temporary basis shall be counted, including persons made available to work through the services of a temporary services or staffing agency or similar entity, regardless of whether the employees work inside of or outside of the city. Separate entities will be considered an integrated enterprise and a single employer under this chapter where a separate entity controls the operation of another entity. The factors to consider in making this assessment include, but are not limited to:

1. degree of interrelation between the operations of multiple entities;

2. degree to which the entities share common management;

3. centralized control of labor relations; and

4. degree of common ownership or financial control over the entities.

The term "Small employer" shall not include a franchisee associated with a franchisor or a network of franchises with franchisees that employ more than 25 employees in aggregate.

2-30.2 Employment in City.

a. Employees are covered by this chapter for each hour worked within the geographic boundaries of the city.

b. An employee who is typically based outside the city and performs work in the city on an occasional basis is covered by this chapter in a one-week period only if the employee performs more than two hours of work for an employer within the city during that one-week period.

1. Once an employee who works in the city on an occasional basis performs more than two hours of work for an employer within the city during a one-week period, payment for all time worked in the city during that one-week period shall be made in compliance with the requirements of this chapter.

2. Time spent in the city solely for the purpose of travelling through the city from a point of origin outside the city to a destination outside the city, with no employment-related or commercial stops in the city except for refueling or the employee's personal meals or errands, is not covered by this chapter.

2-30.3 Minimum Wages.

a. A Very large employer shall pay an employee a wage of no less than the following hourly rate:

1. On and after January 1, 2020, the hourly wage shall be no less than $13.00 per hour.

2. On and after July 1, 2020, the hourly wage shall be no less than $15.00 per hour.

3. On and after January 1, 2021, and annually thereafter the hourly wage shall be no less than the amount set forth in section 2-30.3(D).

b. A Large employer shall pay an employee a wage of no less than the following hourly rate:

1. On and after January 1, 2020, the hourly wage shall be no less than $13.00 per hour.

2. On and after July 1, 2020, the hourly wage shall be no less than $14.00 per hour.

3. On and after January 1, 2021, the hourly wage shall be no less than $15.00 per hour.

4. On and after January 1, 2022, and annually thereafter the hourly wage shall be no less than the amount set forth in section 2-30.3(D).

c. A Small employer shall pay an employee a wage of no less than the following hourly rate:

1. On and after January 1, 2020, the hourly wage shall be no less than $12.00 per hour.

2. On and after July 1, 2020, the hourly wage shall be no less than $13.00 per hour.

3. On and after January1, 2021, the hourly wage shall be no less than $14.00 per hour.

4. On and after January 1, 2022, the hourly wage shall be no less than $15.00 per hour.

5. On and after January 1, 2023, and annually thereafter the hourly wage shall be no less than the amount set forth in section 2-30.3(D).

d. On each January 1, immediately following the year in which the minimum wage for a given employer group has reached $15.00 per hour, and annually thereafter, the minimum wage all employers in that group must pay to their employees (except as otherwise provided in this section), regardless of the number of employees each employer employs, will be adjusted based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland-Hayward, CA Consolidated Metropolitan Statistical Area or its successor index ("Index") which is published by the U.S. Department of Labor, or three and oe-half percent, whichever is less.

1. If the rate of change in the Index for the period which ends the closest to October 1 of any given year and for which said Index's data is available as of October 1 of that year is negative, there shall be no increase or decrease in the minimum wage pursuant to this chapter on the immediately following January 1.

2. The city manager or his/her designee shall announce the adjusted rates and publish a bulletin on the city's website announcing the adjusted rates, which shall take effect on the following January 1 st of each year. In calculating the adjusted rates, the city manager shall use the most recent Index information available prior to October 1 st .

3. The city manager shall be authorized to promulgate rules and regulations implementing this chapter, and in doing so, the city manager may include guidelines for calculating the rate adjustment contemplated by this subsection D.

e. If the Governor of the state makes a final determination to temporarily suspend the state scheduled minimum wage increases pursuant to California Labor Code Section 1182.12 (or its successor statute) for the following year, all dates specified in subsections A and B, above, that are subsequent to the date of the Governor's final determination, shall be postponed by an additional year.

2-30.4 Exemptions

a. An employee who is at least 14 but not older than 17 years of age and who is a "learner," as defined in California Welfare Commission Order No. 4-2001, shall be paid not less than 85 percent of the minimum wage required by section 2-30.3 and rounded to the nearest nickel during his/her first 160 hours of employment. After more than 160 hours of employment, employees covered by this subsection shall be paid the applicable minimum wage pursuant to section 2-30.3.

b. An employer may not deduct any amount from wages due an employee pursuant to this chapter on account of any tip or gratuity, or credit the amount or any part thereof, of a tip or gratuity, against and as a part of the wages due the employee from the employer pursuant to this chapter.

c. Governmental agencies are exempt from the minimum wage requirements set forth in this chapter under the principle of governmental immunity when the work performed is related to the agency's governmental function.

d. Commissions or guaranteed gratuities, not including discretionary tips or gratuities, may be counted toward payment of the minimum wage specified herein when the commissions or guaranteed gratuities or tips are earned and paid together with other compensation paid to an employee (if any) and together are equal to or greater than the current minimum wage. For each pay period, employers shall pay the employee an amount that equals or exceeds the current hourly minimum wage set forth herein.

e. The employer may not offset a portion of the minimum wage otherwise owed to an employee hereunder for housing and meal costs paid for or provided by the employer.

2-30.5 Exemption for Collective Bargaining Agreement. All or any portion of the applicable requirements of this chapter may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in that agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute or be permitted as a waiver of all or any part of the provisions of this Chapter.

2-30.6 No Waiver of Rights. Any waiver by an employee of any or all of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by an employer to have an employee waive rights given by this chapter shall constitute a willful violation of this chapter.

2-30.7 Retaliatory Action Prohibited.

a. No Employer shall discharge, reduce in compensation or otherwise discriminate against any Employee for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce his or her rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter. Rights protected under this chapter include, but are not limited to: the right to file a complaint or inform any person about any party's alleged noncompliance with this chapter; and the right to inform any person of his or her potential rights under this chapter and to assist him or her in asserting such rights. Protections of this chapter shall apply to any person who mistakenly, but in good faith, alleges noncompliance with this chapter.

b. Taking adverse action against a person within 120 days of the person's exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.

c. No employer may fund increases in compensation required by this chapter, nor otherwise respond to the requirements of this chapter, by reducing the wage rate paid to any employee nor by increasing charges to him/her for parking, meals, uniforms or other items.

2-30.8 Enforcement.

a. Any person aggrieved by a violation of this chapter and any entity a member of which is aggrieved by a violation of this chapter may bring a civil action against the employer or other person violating this chapter in a court of competent jurisdiction to enforce the provisions of this chapter and shall be entitled to all remedies available to remedy any violation of this chapter, including but not limited to back pay, the payment of an additional sum as a civil penalty in the amount of one hundred dollars ($100.00) to each employee or person whose rights under this chapter were violated for each day that the violation occurred or continued, reinstatement in employment and/or injunctive relief. Provided, however, that any person or entity enforcing this chapter on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive or restitution relief to Employees, and reasonable attorneys' fees and costs. Violations of this chapter are declared to irreparably harm the public and covered employees generally. The court shall award reasonable attorney's fees, witness fees and expenses to any plaintiff who prevails in an action to enforce this chapter. No criminal penalties shall attach for any violation of this chapter.

b. Remedies for the violation of this chapter shall include, but are not limited to:

1. Reinstatement, and the payment of back wages unlawfully withheld, and the payment of an additional sum as a civil penalty in the amount of one hundred dollars ($100.00) to each Employee or person whose rights under this chapter were violated for each day or portion thereof that the violation occurred or continued.

2. Interest on all due and unpaid wages at the rate of interest specified in subdivision (b) or Section 3289 of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Sec. 200) or Division 2 of the California Labor Code, to the date the wages are paid in full.

3. For an employee found to have been unlawfully retaliated against in violation of 2-30.7(A), triple the wages lost due to the violation.

2-30.9 Notifications and Retention of Records.

a. The city shall publish on the City's website a bulletin or notice announcing the adjusted minimum wage rate for the upcoming 12-month period, at least two months prior to the date the adjusted rate will take effect. In conjunction with and at the same time the city publishes this bulletin, the city shall publish on its website a downloadable notice suitable for posting by employers in the workplace informing employees of the adjusted minimum wage rate for the upcoming 12-month period and their rights under this chapter. Such notice shall be in English, Spanish and such other languages as provided in any regulations promulgated pursuant to section 2-30.13. Every employer shall post in a conspicuous place at any workplace or job site where any employee works the current notice described in this subsection.

b. Each Employer shall give written notification to each current employee and to each new employee at time of hire, of his or her rights under this chapter. The notification shall be in all languages spoken by more than ten percent of the employer's employees, and shall also be posted prominently in areas at the work site where it will be seen by all employees. The City is authorized to prepare sample notices and employer use of such notices shall constitute compliance with this subsection.

c. Each employer shall maintain for at least three years for each employee a record of his or her name, hours worked, and pay rate. Each employer shall provide each employee or his or her representative a copy of the records relating to such employee upon the employee's or representative's reasonable request. Where an employer does not maintain or retain adequate records documenting wages paid or does not allow reasonable access to such records, it shall be presumed in any judicial enforcement proceeding to enforce the provisions of this chapter that the employee's account of how much he or she was paid is accurate, absent clear and convincing evidence otherwise.

d. Each employer shall provide each employee, upon hire and annually, a written notification setting forth the employer's legal name, address, and telephone number, and the name and contact information for a person responsible for inquiries concerning compliance with this chapter.

2-30.10 Co-existence with Other Available Relief. The provisions of this chapter shall not be construed as limiting any employee's right to obtain relief to which he or she may be entitled at law or in equity.

2-30.11 No Preemption of Higher Standards. The purpose of this chapter is to ensure minimum labor standards. This chapter does not preempt or prevent the establishment of superior employment standards (including higher wages) or the expansion of coverage by ordinance, resolution, contract, or any other action of the city. This chapter shall not be construed to limit a discharged employee's right to bring a common law cause of action for wrongful termination.

2-30.12 Conflicts. Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law.

2-30.13 Regulations. The city manager or designee may promulgate regulations for the implementation and enforcement of this chapter. Any regulations promulgated by the city manager or designee shall have the force and effect of law and may be relied on by employers, employees, and other parties to determine their rights and responsibilities under this chapter.

(Ord. No. 1653, § 1, 10-8-2019)

ADMINISTRATION

APPENDIX "A"

The persons occupying the following positions are designated employees for the purposes of this Conflict of Interest Code and shall disclose their financial interests in accordance with the disclosure categories set forth herein, as more fully described by Appendix "B."

*Disclosure obligations for City Councilmembers, City Manager, City Treasurer, and the City Attorney are subject to the provisions of Government Code §§ 87200, et seq. These positions are included as designated employees and are covered by this code for disqualification purposes only.

**Consultants shall not be included in the list of designated employees in the code subject to the following exception. The City Manager may determine in writing that a particular consultant, is hired to perform a range of duties that causes them to be required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

(Ord. No. 1513, § 1; Ord. No. 1538, § 1, 12-9-2008; Ord. No. 1552, § 1, 9-14-2010; Ord. No. 1575, § 1, 10-9-2012; Ord. No. 1594, § 1, 10-28-2014; Ord. No. 1605, § 1, 9-27-2016; Ord. No. 1647, 1-15-2019; Ord. No. 1679, § 1, 2-8-2022; Ord. No. 1692, § 1, 10-11-2022; Ord. No. 1697, § 1, 2-14-2023; Ord. No. 1714, § 1, 2-27-2024)

APPENDIX "B"

All designated employees shall disclose their financial interests in accordance with the categories set forth in Appendix "A", which categories are as follows:

Category A. Employees designated to disclose their financial interests in accordance with Category A shall disclose all income (including gifts, loans, and travel payments), and investment interests, business positions, and real property within two miles of the jurisdiction and businesses doing business within the city, specified in the agency's code, other than savings accounts, insurance policies, or government bonds, and interests, premiums or dividends derived therefrom, and dividends or returns on securities registered with the United States Securities and Exchange Commission.

Category B. Employees designated to disclose their financial interests in accordance with Category B shall disclose interests in real property or interest in business positions in any business entity which owns real property located within the city or within two miles of its jurisdiction.

Category C. Employees designated to disclose their financial interests in accordance with Category C shall disclose all income (including gifts, loans, and travel payments) and investment interests and business positions in any business entity that engages in the type of services, supplies, materials, machinery or equipment that is purchased or acquired by the employee's department; or if the employee is involved in purchasing decisions that affect more than one department, then the employee shall disclose all income (including gifts, loans, and travel payments) and investment interests and business positions in any business entity that engages in the type of services, supplies, materials, machinery or equipment that the city might reasonably be expected to purchase or acquire.

(Ord. No. 1039, § II; Ord. No. 1282, § 2; Ord. No. 1486, § 2)