§ 2.13 — Novato Municipal Code

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.

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.

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.

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.

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.

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.

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.

Type Amount Authority Subsection

Single Up to $2,000,000.00 c.2. Purchase

Aggregate Up to $5,000,000.00 c.3. Purchases

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.

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.

Amount: Approved By:

Up to $30,000.00 Finance Section Chief (or Logistics Chief if Finance unavailable)

Over $30,000.00 and up to $300,000.00 Finance Section Chief, if Emergency Services Director unavailable and delay would imperil (or Logistics Chief if Finance unavailable).

Bidding Requirements.

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.

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

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.

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.

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.

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.

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.

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:

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.

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.

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

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.

2-14 - Reserved.*

* 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.

2-15 - Reserved.*

* 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 - Establishing Penal Sums of Official Bonds.

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 - Payment of Salaries and Wages; Claims Against the City.

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.

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.

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.

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.

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 - Disposition of Unclaimed Property.

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 - Civic Center Land Acquisition and Development Fund.

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:

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.

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

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 - Transferral of Assessment and Tax Collection Duties to the County Assessor and Tax Collector.

2-20.1 Definitions. As used in this section:

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

"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 - Equipment Replacement Fund.

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.

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.

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

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

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

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 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.

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 - Conflict of Interest Code.

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 - Underground Utilities Improvement Fund.

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 - Downtown Revitalization Advisory Commission.

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.

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.

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

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

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

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:

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.

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

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

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 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.

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

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 - Downtown Novato Business Improvement District.

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:

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.

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

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.

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.

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.

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.

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

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

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

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.

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.

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:

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:

Benches;

Trash receptacles;

Decorations;

Facade improvements;

Permanent landscaping;

Activities including but not limited to the following:

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

Furnishing of music in any public place in the district;

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

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.

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:

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

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

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.

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

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

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.

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.

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.

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)

2-26 - Restrictions on the Incurring of Long-Term Obligations.*

* 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:

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

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

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.

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.

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.

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:

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.

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

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 - Adjudicatory Administrative Decisions.

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

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.

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.

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 - Fees.

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.

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.

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.

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

(Ord. No. 1244, § 1)

2-29 - Exhaustion of Administrative Remedies for Challenges to Fees, Charges, and Assessments on Real Property.

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

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

Any assessment on real property levied by the city; and

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

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

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.

Procedures. The city shall:

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.

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.

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

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.

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).

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.

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

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

To reduce the proposed fee, charge or assessment.

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

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 - Minimum Wage.

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

"City" shall mean the City of Novato.

"Employee" shall mean any person who:

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

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.

"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.

"Franchise" means a written agreement by which:

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;

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

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

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

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

"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.

"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.

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

"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.

"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.

"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.

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:

degree of interrelation between the operations of multiple entities;

degree to which the entities share common management;

centralized control of labor relations; and

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.

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

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.

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.

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

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

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

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).

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

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

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

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

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).

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

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

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

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

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

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).

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.

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.

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 .

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.

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

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.

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.

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.

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.

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.

ts 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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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."

Designated Positions Category

Central Administration

City Manager* A

Assistant City Manager A

Deputy City Manager A

City Clerk A

Assistant City Clerk A

Executive Assistant/Deputy City Clerk A

Public Communications Coordinator A

Principal Management Analyst C

Senior Management Analyst/Webmaster C

Management Analyst II C

Management Analyst I C

Sustainability Coordinator II A

Sustainability Coordinator I A

Human Resources Division

Human Resources Manager A

Principal Human Resources Analyst A

Human Resources Analyst C

Human Resources Assistant C

Information Technology Division

Chief Information Officer A

Information Technology Manager A

Senior IT Analyst A

Network & Systems Administrator A

Technology Business Analyst C

Information Technology Technician I C

Information Technology Technician II C

Information Systems Assistant C

Finance

City Treasurer* A

Finance Director A

Deputy Finance Director A

Accounting Supervisor A

Accounting Assistant I A

Accounting Assistant II A

Senior Account Clerk A

Senior Accountant A

Accountant I A

Accountant II A

Payroll/Accounting Technician A

Principal Management Analyst C

Senior Management Analyst C

Management Analyst II C

Management Analyst I C

Community Development Department

Community Development Director A

Deputy Director of Community Development A

Management Analyst II C

Management Analyst I C

Senior Management Analyst C

Planning Division

Planning and Environmental Services Manager A

Principal Planner B

Senior Planner B

Planner II B

Planner I B

Building/Code Enforcement Division

Chief Building Official A

Senior Building Inspector A

Building Inspector II A

Building Inspector I A

Senior Code Enforcement Officer A

Supervising Code Enforcement Officer A

Code Enforcement Officer A

Public Works Department

Director of Public Works/City Engineer A

Director of Public Works A

Deputy Director of Public Works A

Public Works Administrative Manager A

Senior Management Analyst C

Management Analyst II C

Management Analyst I C

Principal Management Analyst C

Engineering Division

City Engineer A

Engineering Services Manager A

Principal Civil Engineer A

Senior Civil Engineer A

Associate Civil Engineer A

Assistant Engineer A

Engineering Project Coordinator A

Principal Engineering Technician A

Public Works Inspector A

Maintenance Division

Maintenance Superintendent A

Maintenance Supervisor C

Facilities Maintenance Supervisor C

Equipment Technician Supervisor C

Police Department

Police Chief A

Police Captain A

Police Lieutenant A

Police Sergeant C

Senior Management Analyst C

Management Analyst II C

Management Analyst I C

Executive Assistant C

Dispatch Supervisor C

Technical Service Supervisor C

Parks, Recreation and Community Services Department

Director of Parks, Recreation & Community Services A

Deputy Director of Parks, Recreation & Community Services A

Recreation Operations Manager A

Division Manager/Recreation C

Senior Management Analyst C

Management Analyst II C

Management Analyst I C

Recreation Supervisor C

Recreation Coordinator C

Other

City Councilmembers* A

Novato Financing Authority Members A

Planning Commission Members* A

Design Review Committee Members A

Measure F Oversight/Citizens Finance Advisory Committee A

City Attorney* A

Assistant City Attorney A

Deputy City Attorney A

Consultants** A

*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)