§ 2.8 — Novato Municipal Code

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

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.

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.

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.

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 :

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;

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;

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;

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

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

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Definition and verification of local vendor.

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.

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.

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.

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:

Professional services;

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

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

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

Sole source purchases made by the city;

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;

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

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

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

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.

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.

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.

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 - Law Enforcement Officers and Public Safety Dispatchers.

2-9.1 Training and Recruitment Standards.

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)

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 - Planning Commission and Department of Community Development.

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.

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.

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

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

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

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:

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

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.

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

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 - Design Review Commission.

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.

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

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.

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.

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.

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 - Redevelopment Agency.

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 - Emergency Management and Operations.[2]

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:

City means the City of Novato.

District means the Novato Fire Protection District unless otherwise indicated.

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.

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.

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.

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.

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

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:

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

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

The following individuals:

District board president or designee;

Assistant city manager or designee;

City police chief or designee;

Fire chief of the district or designee;

City community development director or designee;

City public works director or designee;

City parks, recreation and community services director or designee;

Superintendent of the Novato Unified School District or designee;

General manager of the Novato Sanitary District or designee;

General manager of the North Marin Water District or designee;

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

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

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.

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;

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

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;

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

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

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.

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.

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.

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.

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.

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.

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

City Council Members.

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.

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

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.

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.

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.

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.

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.

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

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.

The emergency services director is hereby empowered to:

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.

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.

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

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.

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

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:

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;

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;

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;

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

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.

Advise the city council on the needs of the city;

Delegate duties as necessary.

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:

Assistant city manager;

City police chief;

City public works director;

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

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.

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.

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)