Chapter II — ADMINISTRATION — Novato Municipal Code

Sections:

2-1 - Meetings of the City Council.

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

(Ord. No. 1495, § 2)

2-2 - Adoption of the City Seal.

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

CITY OF NOVATO

INCORPORATED 1960

CHOKECHE - NOVATO

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

(Ord. No. 156, § 1)

2-3 - City Council.

2-3.1 Salaries and Compensation.

Salaries.

Each member of the council of the City of Novato shall receive, as salary, the sum of three hundred ($300.00) dollars per month, which shall be payable at the same time and in the same manner as salaries are paid to other officials and employees of the city.

Beginning January 1, 1988, each member of the council of the City of Novato shall receive, as salary, the sum of four hundred ($400.00) dollars per month, which shall be payable at the same time and in the same manner as salaries are paid to other officials and employees of the city.

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

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

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

2-3.2 Municipal Elections.

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

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

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

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

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

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

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

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

(Ord. No. 1618, § 1, 5-2-2017)

2-3.3 Installation and Term of Officers.

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

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

(Ord. No. 1106, § 1)

(Ord. No. 1545, § 1, 12-8-2009)

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

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

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

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

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

(Ord. No. 1650, §§ 1, 2, 5-21-2019)

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

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

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

(Ord. No. 1650, §§ 1, 2, 5-21-2019)

2-4 - Fee for Nomination Papers for any Elective Office of the City.

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

(Ord. No. 554, § 1)

2-4A - Voluntary Expenditure Ceilings for Political Campaigns.*

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

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

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

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

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

(Ord. No. 1364, § 1)

2-4B - Subpoenas.

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

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

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

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

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

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

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

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

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

2-4B.3 Court Proceedings.

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

In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in

addition to any other penalties that may be authorized by this code for noncompliance with the subpoena(s) or under any other applicable laws.

(Ord. No. 1642, § 1, 10-9-2018)

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

BEFORE THE CITY COUNCIL OF THE

CITY OF NOVATO

SUBPOENA

THE PEOPLE OF THE CITY OF NOVATO TO: _____

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

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

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

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

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

Attest my hand:

City Clerk

2-5 - City Manager.

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

(Ord. No. 754, § 1)

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

(Ord. No. 754, § 2)

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

(Ord. No. 754, § 3)

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

(Ord. No. 754, § 4)

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

(Ord. No. 754, § 5)

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

(Ord. No. 754, § 6)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reserved.

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

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

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

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

(Ord. No. 754, § 9)

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

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

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

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

(Ord. No. 754, § 10)

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

(Ord. No. 754, § 11)

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

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

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

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

2-6 - Director of Finance.

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

(Ord. No. 202, § 1)

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

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

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

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

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

(Ord. No. 202, § 2)

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

(Ord. No. 202, § 3)

2-7 - City Treasurer.

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

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

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

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

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

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

Deposits. The city treasurer is hereby authorized to deposit for safekeeping with a trust company or a State or National bank located within this State or with the Federal Reserve Bank of San Francisco or any branch thereof located within this State or with any Federal Reserve Bank or with any State or National Bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the securities in which the city money has been invested pursuant to paragraph b; provided, however, that the city treasurer

shall take from such trust company or bank a receipt for the securities delivered to and receipted for by such trust company or bank until they are withdrawn therefrom by the city treasurer.

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

2-8 - Contracts and Purchasing.[1]

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

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

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

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

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

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

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

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

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

Providing temporary personnel services;

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

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

Maintenance of equipment owned or leased by the city; and

Providing other miscellaneous services to facilitate city operations.

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

Reserved.

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

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

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

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

(Ord. No. 1599, § 1, 6-2-2015)

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

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

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

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

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

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

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

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

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

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

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

(Ord. No. 1599, § 1, 6-2-2015)

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

(Ord. No. 1599, § 1, 6-2-2015)

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

(Ord. No. 1599, § 1, 6-2-2015)

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

2-8.7 Purchasing Agent Authority for Contracts and Purchases.

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

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

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

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

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

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

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

(Ord. No. 1599, § 1, 6-2-2015)

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

The amount of the contract or the purchase price;

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

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

The reputation and experience of the bidder or vendor;

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

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

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

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

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

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

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

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

(Ord. No. 1599, § 1, 6-2-2015)

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

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

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

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

(Ord. No. 1599, § 1, 6-2-2015)