Agenda, regular meeting — Campbell City Council, August 16, 2022 (part 2 of 4)

30. Title 24 Accessibility – Commercial: T his change in use shall require the space to comply fully with California Access requirements Chapt. 11B 2016 CBC.

31. Approvals Required : The project requires the following agency approval or consultation prior to issuance of the building permit:
• West Valley Sanitation District (378-2407)
• Santa Clara County Fire Department (378-4010)

32. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may r equire substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances.

33. Storm Water Requirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels.

FIRE DEPARTMENT

34. Limited Review : Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.

35. Combustible Waste: Please note that combustible waste material shall be comply with 2019 California Fire Code. Further review is required prior to any proposed tenant improvement.

36. Limited Review: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other la ws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]

PUBLIC WORKS DEPARTMENT

The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The applicant will be required to apply for an Encroachment permit to construct frontage improvements as listed below. These Conditions of Approval are a supplement to the Planning plans dated April 29, 2021 by W. Charles Perry & Associates. The plans ar e not approved for construction. Further plan checking by Public Works will be required post entitlement.

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Attachment: Resolution Approving a Conditional Use Permit with Site and Architectural Review and a Parking Modification Permit (1308 & 1336 Conditions of Approval
Conditional Use Permit with Site and Architectural Review and Parking Modification File No.: PLN-2020-64

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37. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans : The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street-Improvements

b. Lot Line Adjustment: The Lot Line Adjustment documents required for this project shall be submitted for review by the City Surveyor as detailed here:
https://www.campbellca.gov/DocumentCenter/View/432

38. Lot Line Adjustment: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete a lot line adjustment process. The applicant shall submit an application for approval by the City Engineer, pay the current application processing fees, process the application with City staff’s comments and fully complete the lot line adjustment.

39. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regardin g stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.

Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source:

A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality:

A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003.

40. Trash Capture: Install trash capture inserts (KriSta r FloGard or approved equal) in all on-site storm drain catchbasins.

41. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits :
(Prior to recordation of the Lot Line Adjustment), the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.

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Attachment: Resolution Approving a Conditional Use Permit with Site and Architectural Review and a Parking Modification Permit (1308 & 1336 Conditions of Approval
Conditional Use Permit with Site and Architectural Review and Parking Modification File No.: PLN-2020-64

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b. Installation of City standard curb, gutter, 5 foot attached sidewalk and ADA compliant driveway approaches.
c. Installation of City standard ADA curb ramps at: 1) the southeast corner of Camden Avenue and Parsons Avenue; and 2) the northeast corner of Sharp Avenue and Parsons Avenue.
d. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell’s Street Lighting Policies. e. Installation of traffic control, stripes and signs.
f. Construction of conforms to existing public and private improvements, as necessary.
g. Submit final plans in a digital format acceptable to the City.

42. Street Improvements Completed for Occupancy and Building Permit Final : Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City.

43. Maintenance of Landscaping : Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height.

44. Trash Enclosure Requirements:
a. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7):

For all new development and redevelopment projects that are subject to the Permittee’s planning, building, development, or other comparable review, but not regulated by Provision C.3, en courage the inclusion of adequate source control measures to limit pollutant generation, discharge, and runoff. These source control measures should include:

o Covered trash, food waste, and compactor enclosures.

b. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control/Requirements":

The code states that no pollutants or water containing pollutants can be discharged into the City's storm drain system. Trash enclosures contain pollutants. During a rain event (or during general cleaning) water washes over and into roofless enclosures, collecting pollutants and discharging to the City's storm drain system. Applicants are required to show how new trash enclosures will not discharge pollutants into the storm drain system. One possible method

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Attachment: Resolution Approving a Conditional Use Permit with Site and Architectural Review and a Parking Modification Permit (1308 & 1336 Conditions of Approval
Conditional Use Permit with Site and Architectural Review and Parking Modification File No.: PLN-2020-64

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is to provide a sanitary drain in the trash enclosure.

c. West Valley Sanitation District (WVSD), the local sanitary sewer agency, will require a roof on the enclosure if the trash enclosure drain connects to their sanitary sewer system.

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Attachment: Resolution Approving a Conditional Use Permit with Site and Architectural Review and a Parking Modification Permit (1308 & 1336 47 This map is based on GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors.

Location Map - 1308 & 1336 Parsons Avenue
564Campbell IT, GIS Services
94 1:

WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet
940
Scale

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Attachment: Location Map (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) T1TITLE SHEET
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

LOT LINE ADJUSTMENT
SAN MATEO, CA 94403650-638-9546PERRY &ASSOCIATES
WM & MMDATE:DRAWN BY:JOB#:12-3-2018
231 W. 41ST AVE.
2/28/2019
DRAWINGS AREHALF SCALEAND NOT FORCONSTRUCTIONWHEN SHOWNON 11X17 ORNOT WET SIGNEDAND DATEDGINGER McCREA 1 This drawing, as an instrument of service is and shallremain the property of the Engineers and shall not bereproduced, published or used in any way without thepermission of the Engineer.

PARSONS
2/28/20202 8/14/20203 11/29/20204 4/29/20215 10/21/20217 6/17/20216 PROJECT TEAMVICINITY MAPSHEET INDEX:PROJECT DATA

CODES USED

SITE PLAN

PROJECT SCOPE

ABBREVIATIONS
(E) SITE PLAN
NOTES

WASTE MANAGEMENT PLAN

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A0(E) SITE PLAN(E) SITE PLAN
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A0.1(E) LOT PLAN
(E) LOT PLAN
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A0.2LOT AREAS
(N) LOT AREAS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A1PARKING PLAN(N) PARKING PLAN
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) CA6
DA6
BA6
AA6
A2ADA PLAN
(N) ADA PLAN
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A3FLOOR PLANS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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FIRST FLOOR PLANSECOND FLOOR PLAN

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A4EXTERIORELEVATIONS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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NORTH ELEVATION

EAST ELEVATION

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A5EXTERIORELEVATIONS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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SOUTH ELEVATION

WEST ELEVATION

TRASH ENCLOSURE

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A6ADA DETAILS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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AREA A DETAILS

VAN ACCESSIBLE PARKING

VAN ACCESSABLE SIGN

TOW YOUR CAR SIGN

AREA B DETAILSAREA C DETAILSAREA D DETAILS
(N) ADA RAMP PLAN VIEW
(N) ADA RAMP ELEVATION

ADA DOOR UPGRADEADA DOOR CLEARANCEADA RAIL'G

ADA THRESHOLD UPGRADE

MODIFICATIONS TO (E) STAIRCASEEXTENSION TO (E) HAND RAIL (N) STRIPES @ (E) TREADS

DIRECTIONAL SIGNS ON BLD'G

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A7HOUSE ELEVATIONS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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WEST ELEVATION

NORTH ELEVATION

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) A8DETAILS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
2/28/20202 8/14/20203 11/29/20204 4/29/20215 10/21/20217 6/17/20216 DETAIL D-15

PRE-CAST CONCRETE WALL PHOTO
DETAIL D-18
CALTRANS STANDARD PLAN A88A

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) BP1BEST PRACTICES
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) PH1PHOTOS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
2/28/20202 8/14/20203 11/29/20204 4/29/20215 10/21/20217 6/17/20216

NORTH ELEVATION

NORTH ELEVATIONNORTH ELEVATION

EAST ELEVATIONWEST ELEVATIONEAST ELEVATION

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) E1ELECTRICAL PLANS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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UPPER FLOORLOWER FLOOR

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment))

RCREFLECTED CEILINGPLANS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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UPPER FLOORLOWER FLOOR

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) P1PLUMBING PLANS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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UPPER FLOORLOWER FLOOR

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) M1MECHANICAL PLANS
W. CHARLES
REVISIONSNO.DATE
CAMBELL, CA. 950081308 PARSONS AVE.

PARSONS
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UPPER FLOORLOWER FLOOR

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) 
Ginger McCrea
1308 & 1336 parsons Avenue
Campbell CA. 95008
CalGreen Mandatory
1308 & 1336 Parsons Avenue
Construction Waste Management Plan (CWMP)
Construction Waste Management Plan can be deferred submittal until such a time as a contractor is chosen Construction Waste Management (CWM) Plan

C A L I F O R N I A M A N D A T O R Y G R E E N M E A S U R E S Project: Priest & Nefstead Remodel
275 Burnett, Unit 9
San Francisco, CA 94131
Owner: _____________________________________________ Phone:_____________________ Project Manager / Contractor : ______________________________________________________ Phone:___________________ Cell: ____________________ email: _______________________ Waste Hauling Company: ______________________________ Phone:_____________________ Disposal Service Company: ____________________________ Phone:_____________________ Sub Contractor : __________________________________________________________________ Phone:___________________ Cell: ____________________ email: _______________________ Sub Contractor : __________________________________________________________________ Phone:___________________ Cell: ____________________ email: _______________________ Sub Contractor : __________________________________________________________________ Phone:___________________ Cell: ____________________ email: _______________________ SECTION 4.408 CONSTRUCTION WASTE REDUCTION,

DISPOSAL AND RECYCLING
Description Sheet Verified

4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 50 percent of the nonhazardous construction and demolition waste in accordance with either Section

4.408.2, 4.408.3 or 4.408.4, or meet a more stringent local construction and demolition waste management ordinance.

Exceptions:

1. Excavated so
il and land-clearing debris.

2. Alter
nate waste reduction methods developed by working with local agencies if diversion or recycle facilitie
s capable of compliance with this item do not exist or are not located reasonably close to the jobsite.

3. The enfor
cing agency may make exceptions to the requirements of this section when isolated jobsites ar
e located in areas beyond the haul boundaries of the diversion facility.

4.408.2 Construction waste management plan. Submit a construction waste management plan in conformance with Items 1 through 5. The construction waste management plan shall be updated as necessary and shall be available during construction for examination by the enforcing agency.

1. Identify the c
onstruction and demolition waste materials to be diverted from disposal by recycling, reuse on the project or salvage for future use or sale.

2. Specify if
construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identify diversion facil
ities where the construction and demolition waste material will be taken.

4. Identify construction methods e
mployed to reduce the amount of construction and demolition waste generated.

5. Specify that the amount of con
struction and demolition waste materials diverted shall be calculated by weight or
volume, but not by both.

4.408.3 Waste management company. Utilize a waste management company, approved by the enforcing agency, which can provide verifiable documentation that the percentage of construction and demolition waste material diverted from the landfill complies with Section 4.408.1.
Note: The owner or contractor may make the determination if the construction and demolition waste materials will be diverted by a waste management company.

4.408.4 Waste stream reduction alternative. Projects that generate a total combined weight of construction and demolition waste disposed of in landfills, which do not exceed four (4) lbs./sq. ft. of the building area shall meet the minimum 50 percent construction waste reduction requirement in Section 4.408.1.

4.408.4.1 Waste stream reduction alternative. [HR] Projects that generate a total combined weight of construction and demolition waste disposed of in landfills, which do not exceed two (2) pounds per square foot of the building area, shall meet the minimum 50-percent construction waste reduction requirement in Section 4.408.1.

4.408.5 Documentation. Documentation shall be provided to the enforcing agency which demonstrates compliance with Section 4.408.2, Items 1 through 5, Section 4.408.3 or Section

4.408.4.

4.410.1 Operation and maintenance manual. At the time of final inspection, a manual, compact disc, web-based reference or other media acceptable to the enforcing agency which includes all of the following shall be placed in the building:

1. Directions to the owner or
occupant that the manual shall remain with the building throughout the life cycle of the structure.

2. Operation and maintenance in
structions for the following: a. Equipment and appliances, including water-saving devices and systems, HV AC systems, water-heating systems and other major appliances and equipment.
b. Roof and yard drainage, includi
ng gutters and downspouts.
c. Space condit
ioning systems, including condensers and air filters.
d. Landscape irrigation systems.
e. Water reuse systems.

3. Information from local uti
lity, water and waste recovery providers on methods to further reduce resour
ce consumption, including recycle programs and locations.

4. Public transportation and/or ca
rpool options available in the area.

5. Educational material on the po
sitive impacts of an interior relative humidity between 30-60 percent and what methods an occupant
may use to maintain the relative humidity level in that range.

6. Information about water-conserving landscape and irrigation desi gn and controllers which
conser
ve water.

7. Instructions for maintaining gut
ters and downspouts and the importance of diverting water at least 5 feet away from the foundation.

8. Information on required routine maintenance measures, i ncluding, but not limited to, caulking,
painting, grading ar
ound the building, etc.

9. Information about s
tate solar energy and incentive programs available.

10. A copy of all
special inspection verifications required by the enforcing agency or this code.

Deferred Submittal
Division 4.1 - PLANNING AND DESIGN MEASURES
SECTION 4.106 SITE DEVELOPMENT
Description Sheet Verified

4.101.1 Scope. The provisions of this division outline planning, design and development methods that include environmentally responsible site selection, building design, building siting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties.

4.106.1 General. Preservation and use of available natural resources shall be accomplished through evaluation and careful planning to minimize negative effects on the site and adjacent areas.

Preservation of slopes, management of storm water drainage and erosion controls shall comply with this section.

4.106.2 Storm water drainage and retention during construction. Projects which disturb less than one acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, shall manage storm water drainage during construction. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent
property, prevent erosion and retain soil runoff on the site.

1. Retention basins of suff
icient size shall be utilized to retain storm water on the site.

2. Where stor
m water is conveyed to a public drainage system, collection point, gutter or similar disposal method, water shall be f
iltered by use of a barrier system, wattle or other method approved by the enforcing agency.

3. Compliance with a
lawfully enacted storm water management ordinance.

4.106.3 Grading and paving. Construction plans shall indicate how the site grading or drainage system will manage all surface water flows to keep water from entering buildings. Examples of methods to manage surface water include, but are not limited to, the following:

1. Swales

2. Water
collection and disposal systems

3. French drains

4. Water
retention gardens

5. Other
water measures which keep surface water away from buildings and aid in groundwater recharge.

Exception: Additions and alterations not altering the drainage path.

T1

SECTION 4.304 OUTDOOR WATER USE

4.304.1 Irrigation controllers. Automatic irrigation system controllers for landscaping provided by the builder and installed at the time of final inspection shall comply with the following:

1. Contr
ollers shall be weather- or soil moisture-based controllers that automatically adjust irrigation in r
esponse to changes in plants' needs as weather conditions change.

2. Weather
-based controllers without integral rain sensors or communication systems that account for local r
ainfall shall have a separate wired or wireless rain sensor which connects or communicates with the controller(s). Soil moisture-based controllers are not required to have rain sensor input.

Note: More information regarding irrigation controller function and specifications is available from the Irrigation Association.

T1

SECTION 4.406 ENHANCED DURABILITY AND REDUCED MAINTENANCE

4.406.1 Rodent proofing. Annular spaces around pipes, electric cables, conduits or other openings in sole / bottom plates at exterior walls shall be protected against the passage of rodents by closing such openings with cement mortar, concrete masonry or a similar method acceptable to the enforcing agency.

T1

GB.1
GB.1
GB.1
GB.1
GB.1
GB.1
GB.1
Division 4.5 - ENVIRONMENTAL QUALITY
SECTION 4.503 FIREPLACES
Description Sheet Verified

4.503.1 General. Any installed gas fireplace shall be a direct-vent sealed-combustion type. Any installed woodstove or pellet stove shall comply with U.S. EPA Phase II emission limits where applicable. Woodstoves, pellet stoves and fireplaces shall also comply with applicable local ordinances.

A1
SECTION 4.504 POLLUTANT CONTROL

4.504.1 Covering of duct openings and protection of mechanical equipment during construction. At the time of rough installation, during storage on the construction site and until final startup of the heating, cooling and ventilating equipment, all duct and other related air distribution component openings shall be covered with tape, plastic, sheetmetal or other methods acceptable to the enforcing agency to reduce the amount of water, dust and debris, which may enter the system.

4.504.2 Finish material pollutant control. Finish materials shall comply with this section.

4.504.2.1 Adhesives, sealants and caulks. Adhesives, sealants and caulks used on the project shall meet the requirements of the following standards unless more stringent local or regional air pollution or air quality management district rules apply:

1. Adhesives, adhe
sive bonding primers, adhesive primers, sealants, sealant primers, and caulks shall comply with loca
l or regional air pollution control or air quality management district rules where applicable or SCAQMD Rule 1168 VOC limits, as shown in Table 4.504.1 or 4.504.2, as applicable.

Such products also shall comply with the Rule 1168 prohibition on the use of certain toxic compounds (chloroform, ethylene dichloride, methylene chloride, perchloroethylene and trichloroethylene), except for aerosol products, as specified in Subsection 2 below.

2. Aer
osol adhesives, and smaller unit sizes of adhesives, and sealant or caulking compounds (in units of pr
oduct, less packaging, which do not weigh more than 1 pound and do not consist of more than 16 fluid ounces) shall comply with statewide VOC standards and other requirements, including prohibitions on use of certain toxic compounds, of California Code of Regulations, Title 17, commencing with Section 94507.

4.504.2.2 Paints and coatings. Architectural paints and coatings shall comply with VOC limits in Table 1 of the ARB Architectural Suggested Control Measure, as shown in Table 4.504.3, unless more stringent local limits apply. The VOC content limit for coatings that do not meet the definitions for the specialty coatings categories listed in Table 4.504.3 shall be determined by classifying the coating as a Flat, Nonflat or Nonflat-high Gloss coating, based on its gloss, as defined in subsections 4.21, 4.36, and 4.3 7 of the 2007 California Air Resources Board, Suggested Control Measure, and the corresponding Flat, Nonflat or Nonflat-high Gloss VOC limit in Table 4.504.3 shall apply.

4.504.2.3 Aerosol paints and coatings. Aerosol paints and coatings shall meet the Product-weighted MIR Limits for ROC in Section 94522(a)(3) and other requirements, including prohibitions on use of certain toxic compounds and ozone depleting substances, in Sections 94522( c )(2) and (d)(2) of California Code of Regulations, Title 17, commencing with Section 94520; and in areas under the jurisdiction of the Bay Area Air Quality Management District additionally comply with the percent VOC by weight of product limits of Regulation 8, Rule 49.

A1
Water Efficiency & Conservation Measures
SECTION 4.303 INDOOR WATER USE
Description Sheet Verified

4.301.1 Scope. The provisions of this chapter shall establish the means of conserving water used indoors, outdoors and in wastewater conveyance.

4.303.1.1 Water closets. The effective flush volume of all water closets shall not exceed 1.28 gallons per flush. Tank -type water closets shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Tank-type Toilets.

Note: The effective flush volume of dual flush toilets is defined as the composite, average flush volume of two reduced flushes and one full flush.

4.303.1.2 Urinals. The effective flush volume of urinals shall not exceed 0.5 gallons per flush.

4.303.1.3.1 Single showerhead. Showerheads shall have a maximum flow rate of not more than 2.0 gallons per minute at 80 psi. Showerheads shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Showerheads.

4.303.1.3.2 Multiple showerheads serving one shower. When a shower is served by more than one showerhead, the combined flow rate of all showerheads and/or other shower outlets controlled by a single valve shall not exceed 2.0 gallons per minute at 80 psi, or the shower shall be designed to allow only one shower outlet to be in operation at a time.

Note: A hand-held shower shall be considered a showerhead.

4.303.1.4.1 Residential lavatory faucets. The maximum flow rate of residential lavatory faucets shall not exceed 1.5 gallons per minute at 60 psi. The minimum flow rate of residential lavatory faucets shall not be less than 0.8 gallons per minute at 20 psi.

4.303.1.4.2 Lavatory faucets in common and public use areas. The maximum flow rate of lavatory faucets installed in common and public use areas (outside of dwellings or sleeping units) in residential buildings shall not exceed 0.5 gallons per minute at 60 psi.

4.303.1.4.3 Metering faucets. Metering faucets when installed in residential buildings shall not deliver more than 0.25 gallons per cycle.

4.303.1.4.4 Kitchen faucets. The maximum flow rate of kitchen faucets shall not exceed 1.8 gallons per minute at 60 psi. Kitchen faucets may temporarily increase the flow above the maximum rate, but not to exceed 2.2 gallons per minute at 60 psi, and must default to a maximum flow rate of 1.8 gallons per minute at 60 psi.

Note: Where complying faucets are unavailable, aerators or other means may be used to achieve reduction.

4.303.2 Standards for plumbing fixtures and fittings. Plumbing fixtures and fittings shall be installed in accordance with the California Plumbing Code, and shall meet the applicable standards referenced in Table 1401.1 of the California Plumbing Code.

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Division 4.5 - Environmental Quality
Description Sheet Verified

4.504.2.4 Verification. Verification of compliance with this section shall be provided at the request of the enforcing agency. Documentation may include, but is not limited to, the following:

1. Manufactur
er's product specification.

2. Field verification of on
-site product containers.

4.504.3 Carpet systems. All carpet installed in the building interior shall meet the testing and product requirements of one of the following:

1. Carpet and Rug Institute's Gre
en Label Plus Program.

2. California Department of Publ
ic Health, "Standard Method for the Testing and Evaluation of Volatile Organic
Chemical Emissions from Indoor Sources Using Environmental Chambers," Version

1.1, February 2010 (also known as Specification 01350.)

3. NS
F/ANSI 140 at the Gold level.

4. Scientifi
c Certifications Systems Indoor Advantage™ Gold.

4.504.3.1 Carpet cushion. All carpet cushion installed in the building interior shall meet the requirements of the Carpet and Rug Institute's Green Label program. 4.504.3.2 Carpet adhesive. All carpet adhesive shall meet the requirements of Table 4.504.1.

4.504.4 Resilient flooring systems. Where resilient flooring is I I installed, at least 80 percent of floor area receiving resilient flooring shall comply with one or more of the following:

1. VOC emis
sion limits defined in the Collaborative for High Performance Schools (CHPS) High P
erformance Products Database.

2. Products compliant
with CHPS criteria certified under the Greenguard Children & Schools pr
ogram.

3. Certification under the Resi
lient Floor Covering Institute (RFCI) FloorScore program.

4. Meet the Califomia Depar
tment of Public Health, "Standard Method for the Testing and Evaluation of Volatile Organic
Chemical Emissions from Indoor Sources U sing Environmental Chambers," Version 1.1, February 2010 (also known as Specification 01350).

4.504.5 Composite wood products. Hardwood plywood, particleboard and medium density fiberboard composite wood products used on the interior or exterior of the building shah meet the requirements for formaldehyde as specified in ARB's Air Toxics Control Measure for Composite Wood (17 CCR 93120 et seq.), by or before the dates specified in those sections, in 4.504.5.

4.504.5.1 Documentation. Verification of compliance with this section shall be provided as requested by the enforcing agency. Documentation shall include at least one of the following:

1. Product cer
tifications and specifications.

2. Chain of custody certifi
cations.

3. Product labeled and invo
iced as meeting the Composite Wood Products regulation (see CCR, Title 17, Section 93120, et seq.).

4. Exter
ior grade products marked as meeting the PS-1 or PS-2 standards of the Engineered Wood Associati
on,
the Australian ASINZS 2269 or European 636 3S standards.

5. Other
methods acceptable to the enforcing agency
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TABLE 4.504.1
ADHESIVE VOC LIMIT1,2
Less Water and Less Exempt Compounds in Grams per Liter

1. If an adhesive is used to bond dissimilar substrates together, the adhesive with the highest VOC content shall be allowed.

2. For additional information regarding methods to measure the VOC content specified in this table, see South Coast Air Quality Management District Rule 1168.

ARCHITECTURAL APPLICATIONS CURRENT VOC LIMIT
Indoor carpet adhesives 50
Carpet pad adhesives 50
Outdoor carpet adhesives 150
Wood flooring adhesive 100
Rubber floor adhesives 60
Subfloor adhesives 50
Ceramic tile adhesives 65
VCT and asphalt tile adhesives 50
Drywall and panel adhesives 50
Cove base adhesives 50
Multipurpose construction adhesives 70
Structural glazing adhesives 100
Single-ply roof membrane adhesives 250
Other adhesives not specifically listed 50

SPECIALTY APPLICATIONS
PVC welding 510
CPVC welding 490
ABS welding 325
Plastic cement welding 250
Adhesive primer for plastic 550
Contact adhesive 80
Special purpose contact adhesive 250
Structural wood member adhesive 140
Top and trim adhesive 250

SUBSTRATE SPECIFIC APPLICATIONS
Metal to metal 30
Plastic foams 50
Porous material (except wood) 50
Wood 30
Fiberglass 80
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1. Grams of VOC per liter of coating, including water and including exempt compounds.

2. The specified limits remain in effect unless revised limits are listed in subsequent columns in the table.

3. Values in this table are derived from those specified by the California Air Resources Board, Architectural Coatings Suggested Control Measure, February 1, 2008. More information is available from the Air Resources Board.

COATING CATEGORY EFFECTIVE 1/1/2012
Flat coatings 50
Nonflat coatings 100
Nonflat-high gloss coatings 150
Aluminum roof coatings 400
Basement specialty coatings 400
Bituminous roof coatings 50
Bituminous roof primers 350
Bond breakers 350
Concrete curing compounds 350
Concrete/masonry sealers 100
Driveway sealers 50
Dry fog coatings 150
Faux finishing coatings 350
Fire resistive coatings 350
Floor coatings 100
Form-release compounds 250
Graphic arts coatings (sign paints) 500
High temperature coatings 420
Industrial maintenance coatings 250
Low solids coatings1 120
Magnesite cement coatings 450
Mastic texture coatings 100
Metallic pigmented coatings 500
Multicolor coatings 250
Pretreatment wash primers 420
Prime
rs, sealers, and undercoaters 100
Reactive penetrating sealers 350
Recycled coatings 250
Roof coatings 50
Rust preventative coatings 250
Clear Shellacs 730
Opaque Shellacs 550
Specialty primers, sealers and undercoaters 100
Stains 250
Stone consolidants 450
Swimming pool coatings 340
Traffic marking coatings 100
Tub and tile refinish coatings 420
Waterproofing membranes 250
Wood coatings 275
Wood preservatives 350
Zinc-rich primers 340
TABLE 4.504.3
VOC CONTENT LIMITS FOR ARCHITECTURAL COATINGS2, 3
Grams of VOC per Liter of Coating, Less Water and Less Exempt Compounds Building Permit #: ________________
Square Footage: _________________
Title 24 Part 11
CalGreen Code
2/23/2016

Responsible Designer’s Declaration
Statement
I hereby certify that this project has been designed
to meet the requirements of the 2013 California
Green Building Standards Code.

Contractor Declaration Statement
I hereby certify, as the builder or installer under
the permit listed herein, that this project will be
constructed to meet the requirements of the
California Green Building Standards Code.

Name: Name:

Signature: Signature:

Date: Date:

Company: License:

Address: Address:

City: State: Zip: City: State: Zip:

W. Charles Perry
W. Charles Perry & Associates
231 W. 41st Ave
San Mateo California 94403
X
X
X
X
X

TABLE 4.504.2

SEALANT VOC LIMIT
Less Water and Less Exempt Compounds in Grams per Liter

SEALANTS CURRENT VOC LIMIT
Architectural 250
Marine deck 760
Nonmembrane roof 300
Roadway 250
Single-ply roof membrane 450
Other 420

SEALANT PRIMERS
Architectural
Nonporous 250
Porous 775
Modified bituminous 500
Marine deck 760
Other 750
1756 sf

INSTALLER AND SPECIAL INSPECTOR QUALIFICATIONS
SECTION 702 QUALIFICATIONS Sheet Verified
702.1 Installer training. HVAC system installers shall be trained and certified in the proper installation of HVAC systems including ducts and equipment by a nationally or regionally recognized training or certification program. Uncertified persons may perform HVAC installations when under the direct supervision and responsibility of a person trained and certified to install HVAC systems or contractor licensed to install HVAC systems. Examples of acceptable HVAC training and certification programs include but are not limited to the following: 1. State certified apprenticeship programs. 2. Public utility training programs. 3. Training programs sponsored by trade, labor or statewide energy consulting or verification organizations. 4.

Programs sponsored by manufacturing organizations. 5. Other programs acceptable to the enforcing agency. 702.2 Special inspection. [HCD] When required by the enforcing agency, the owner or the responsible entity acting as the owner’s agent shall employ one or more special inspectors to provide inspection or other duties necessary to substantiate compliance with this code. Special inspectors shall demonstrate competence to the satisfaction of the enforcing agency for the particular type of inspection or task to be performed. In addition to other certifications or qualifications acceptable to the enforcing agency, the following certifications or education may be considered by the enforcing agency when evaluating the qualifications of a special inspector: 1. Certification by a national or regional green building program or standard publisher. 2.

Certification by a statewide energy consulting or verification organization, such as HERS raters, BPI, and home energy auditors. 3. Successful completion of a third party apprentice training program in the appropriate trade. 4. Other programs acceptable to the enforcing agency.

Notes: 1. Special inspectors shall be independent entities with no financial interest in the materials or the project they are inspecting for compliance with this code. 2. HERS raters are special inspectors certified by the California Energy Commission (CEC) to rate homes in California according to the Home Energy Rating System (HERS). [BSC] When required by the enforcing agency, the owner or the responsible entity acting as the owner’s agent shall employ one or more special inspectors to provide inspection or other duties necessary to substantiate compliance with this code. Special inspectors shall demonstrate competence to the satisfaction of the enforcing agency for the particular type of inspection or task to be performed. In addition, the special inspector shall have a certification from a recognized state, national or international association, as determined by the local agency. The area of certification shall be closely related to the primary job function, as determined by the local agency. Note: Special inspectors shall be independent entities with no financial interest in the materials or the project they are inspecting for compliance with this code. 703.1 Documentation used to show compliance with this code shall include but is not limited to, construction documents, plans, specifications, builder or installer certification, inspection reports, or other methods acceptable to the enforcing agency which demonstrate substantial conformance. When specific documentation or special inspection is necessary to verify compliance, that method of compliance will be specified in the appropriate section or identified in the application checklist.

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Structural Measures
SECTION 4.505 INTERIOR MOISTURE CONTROL
Description Sheet Verified

4.505.1 General. Buildings shall meet or exceed the provisions of the California Building Standards Code.

A7,

4.505.2 Concrete slab foundations. Concrete slab foundations required to have a vapor retarder by the California Building Code, Chapter 19 or concrete slab-on-ground floors required to have a vapor retarder by the California Residential Code, Chapter 5, shall also comply with this section.

4.505.2.1 Capillary break. A capillary break shall be installed in compliance with at least one of the following:

1. A 4-inch-thick (
101.6 mm) base of l/2 inch (12.7 mm) or larger clean aggregate shall be pr
ovided with a vapor retarder in direct contact with concrete and a concrete mix design, which will address bleeding, shrinkage, and curling, shall be used. For additional information, see American Concrete Institute, ACI 302.2R-06.

2. Other
equivalent methods approved by the enforcing agency.

3. A slab design
specified by a licensed design professional.

4.505.3 Moisture content of building materials. Building materials with visible signs of water damage shall not be installed. Wall and floor framing shall not be enclosed when the framing members exceed 19-percent moisture content. Moisture content shall be verified in compliance with the following:

1. Moistur
e content shall be determined with either a probe-type or contact-type moistur
e meter. Equivalent moisture verification methods may be approved by the enforcing agency and shall satisfy requirements found in Section 101.8 of this code.

2. Moistur
e readings shall be taken at a point 2 feet (610 mm) to 4 feet (1219 mm) from the gr
ade stamped end of each piece to be verified.

3. At least three random moistur
e readings shall be performed on wall and floor framing with documentation acceptable to
the enforcing agency provided at the time of approval
to enclose the wall and floor framing. Insulation products which are visibly wet or have a high moisture content shall be replaced or allowed to dry prior to enclosure in wall or floor cavities. Wet -applied insulation products shall follow the manufacturers' drying recommendations prior to enclosure.

4.505 INTERIOR MOISTURE CONTROL
SECTION 4.506 INDOOR AIR QUALITY AND EXHAUST

4.506.1 Bathroom exhaust fans. Each bathroom shall be mechanically ventilated and shall comply with the following:

1. Fans shall be EN
ERGY STAR compliant ducted to terminate outside the building.

2. Unless functioning
as a component of a whole house ventilation system, fans must be controlled by a humidity contro
l.
a. Humidity controls sha
ll be capable of adjustment between a relative humidity range of:C:; 50 percent to a maximum o
f 80 percent. A humidity control may utilize manual or
automatic means of adjustment.
b. A humidity control may be a
separate component to the exhaust fan and is not
required to be integral (
i.e., built-in).

1. For
the purposes of this section, a bathroom is a room which contains a bathtub, shower, or tub/shower
combination.

2. Lighting integr
al to bathroom exhaust fans shall comply with the California Energy Code.

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SECTION 4.507 ENVIRONMENTAL COMFORT

4.507.2 Heating and air-conditioning system design. Heating and air-conditioning systems shall be sized, designed and have their equipment selected using the following methods:

1. The heat loss and heat gain is
established according to ANSI / ACCA 2 Manual J-
2004 (Residential Load Calculation), ASHRAE handbooks or other equivalent design software or methods.

2. Duct systems ar
e sized according to ANSI / ACCA 1 Manual D-2009 (Residential Duct System
s), ASHRAE handbooks or other equivalent design software or methods.

3. S
elect heating and cooling equipment according to ANSI / ACCA 3 Manual S-2004 (Residential Equ
ipment Selection) or other equivalent design software or methods.

Exception: Use of alternate design temperatures necessary to ensure the systems function are acceptable.

4.106.4. Electric vehicle (EV) charging
New construction shall comply with Sections 4.106.4.1 and 4.106.4.2 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.

Exceptions: On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1. Where there is no commercial
power supply.

2. Where there is evidence subst
antiating that meeting the requirements will alter the
local utility infrastr
ucture design requirements on the utility side of the meter so as to increase the utility side cost to the homeowner or the developer by more than $400.00 per dwelling unit.

4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages. For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1- inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit over current protective device.

4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.

4.106.4.2 New multifamily dwellings. Where 17 or more multifamily dwelling units are constructed on a building site, 3 percent of the total number of parking spaces provided for all types of parking facilities, but in no case less than one, shall be electric vehicle charging stations (EVCS) capable of supporting future EVSE and shall be identified on construction documents. Calculations for the number of EVCS shall be rounded up to the nearest whole number.

Note: Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging. There is no requirement for EVCS to be constructed or available until EV chargers are installed for use.

4.106.4.2.1 Electric vehicle charging station (EVCS) locations. Construction documents shall indicate the location of proposed EVCS. At least one EVCS shall be located in common use areas and available for use by all residents.

When EV chargers are installed, EVCS required by Section 4.106.2.2, Item 3, shall comply with at least one of the following options:

1. The EVC
S shall be located adjacent to an accessible parking space meeting the requirements of the California Bui
lding Code, Chapter 11A, to allow use of the EV
charger from the accessible parking space.

2. The EVC
S shall be located on an accessible route, as defined in the California Building Code,
Chapter 2, to the building.

4.106.4.2.2 Electric vehicle charging station (EVCS) dimensions and slope. The EVCS shall be designed to comply with the following:

1. The minimum length of each E
VCS shall be 18 feet (5486 mm).

2. The minimum width of each E
VCS shall be 9 feet (2743 mm).

3. One in ever
y 25 EVCS, but not less than one EVCS, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5
-foot (1524 mm) wide minimum aisle shall be permitted
provided the minimum width of the EVCS is 12 feet (3658 mm). a. Sur
face slope for this EVCS and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope)
in any direction.

4.106.4.2.3 Single EVCS required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the proposed location of the EVCS. Construction documents shall identify the raceway termination point. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

4.106.4.2.4 Multiple EV
CS required. have sufficient capacity to simultaneously charge all EVs at all required EVCS at the full rated amperage of the EVSE. Plan design shall be based upon a 40-ampere minimum branch circuit. Raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.

4.106.4.2.5 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.

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TABLE 4.504.5
FORMALDEHYDE LIMITS1
Maximum Formaldehyde Emissions in Parts per Million

1. Values in this table are derived from those specified by the California Air Resources Board, Air Toxics Control Measure for Com posite Wood as tested in accordance with ASTM E 1333-96(2002). For additional information, see California Code of Regulations, Title 17, Sections 93120 through 93120.12.

2. Thin medium density fiberboard has a maximum thickness of 8 millimeters.

PRODUCT CURRENT LIMIT
Hardwood plywood veneer core 0.05
Hardwood plywood composite core 0.08
Particleboard 0.09
Medium density fiberboard 0.11
Thin medium density fiberboard2 0.21

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Attachment: Project Plans (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment))

To: Site and Architectural Review Committee Date: February 8, 2022 From: Stephen Rose, Associate Planner
Via: Rob Eastwood, Community Development Director
Subject: General Plan Amendment, Zoning Map Amendment, Conditional Use Permit with Site and Architectural Review, and Parking Modification Permit File No.: PLN-2020-64 ~ 1308 & 1336 Parsons Avenue

PROPOSAL
The applicant’s request is for a Gen eral Plan and Zoning Map A mendment to allow a portion of 1336 Parsons Avenue to change in land use designation from Low-Density Residential (Less than Six Units per Gross Acre) to Professional Office , a nd zoning designation from R -1-6 (Single-Family Reside ntial) to P -O (Professional
Office) in order to facilitate the transfer 1 of a
portion of a commercial parking lot built on a
residential property to an adjoining commercial
property located at 1308 Parsons Avenue. The
applicant is also requesting review and approval of
a Conditional Use Permit with Site and
Architectural Review to allow the conversion of a
single-family residence to a commercial use and
Parking Modificatio n Permit to allow a reduction
in the number of required parking spaces for
property located at 1308 Parsons Avenue.

PROJECT SITE
The project site comprises two properties (1308 & 1336 Parsons Avenue 2) which are located on
the east side of Parsons Avenue, south of Camden Avenue and north of Sharp Avenue . T he properties abut single family residences to the south.

PROJECT DATA
1308 Parsons Avenue (Commercial Property)
Zoning Designation: P-O (Professional Office)
General Plan Designation: Professional Office
Existing Net Lot Area: 11,058.8 sq. ft.

1 The transfer would require a lot line adjustment.
2 1308 Parsons Avenue is also addressed as 1403 and 1405 Camden Avenue.

MEMORANDUM
Community Development Department
Planning Division

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Attachment: SARC Memo, dated February 8, 2022 (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) SARC Memorandum – February 8, 2022 Page 2 of 6 PLN-2020-64 ~ 1308 & 1336 Parsons Avenue
Proposed Net Lot Area: 12,972.8 sq. ft. (after 1,884 sq. ft. transfer from 1336 Parsons)

Development Standards: Proposed Development Standard
Building Height: 21 feet, 8 inches 35 feet
Floor Area Ratio (FAR): .28 (3,743.2 sq. ft.) .40 maximum Building (Lot) Coverage: 20% (2,527.9 sq. ft.) N/A

Setbacks: Proposed Development Standard
Front (North) 13 feet, 7 inches3 15 feet
Rear (South): 36 feet 10 feet (> of 5-feet or ½ wall ht.) Interior Side (East): 32 feet 10 feet (> of 5-feet or ½ wall ht.) Street Side (West): 20 feet 15 feet

Parking Requirements: Proposed Parking Requirement
Parking: 15 spaces (1 ADA) 17 spaces

1336 Parsons Avenue (Residential Property / For Reference Only) Zoning Designation: R-1-6 (Single-Family Residential)
General Plan Designation: Low-Density Residential (<6 units per gross acre) Existing Net Lot Area: 8,169 sq. ft.

Proposed Net Lot Area: 6,275 sq. ft. (after 1,884 sq. ft. transfer) / 6,000 sq. ft. minimum

Development Standards: Proposed/Existing Development Standard Building Height: 15 feet 35 feet / 2 ½ stories max.

Floor Area Ratio (FAR): .22 (1,376 sq. ft.) .45 maximum Building (Lot) Coverage: 22% (1,376 sq. ft.) N/A

Setbacks: Proposed/Existing Development Standard
Front (West) / Garage 29 feet, 4 inches 20-feet (residence) / 25-feet (garage) Rear (East): 11 feet 5 feet (> of 5-feet or ½ wall ht.) Interior Side (North): 7 feet 6 feet (> of 5-feet or ½ wall ht.) Street Side (West): 20 feet 15 feet

Parking Requirements: Proposed/Existing Parking Requirement Parking: 2 covered spaces 2 spaces (1 covered)

Background: On February 18, 2017, the Campbell Building Department received an application (BLD-2017-190) for an addition and remodel of an existing single -family residence located at 1336 Parsons Avenue. As part of the plan check process, it was discovered that the commercial

3 The front setback of the existing building does not comply with the 15-foot setback required by the Professional Office (P-O) zoning district but would not change or intensify because of the subject permit.

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Attachment: SARC Memo, dated February 8, 2022 (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) SARC Memorandum – February 8, 2022 Page 3 of 6 PLN-2020-64 ~ 1308 & 1336 Parsons Avenue
parking lot serving 1308 Parsons Avenue (abutting property to the north) extended beyond the property line and the residential property. Essentially, a portion of the commercial pa rking lot was constructed on the residential property.

A review of permit records revealed that the parking lot was approved for 1308 Parsons Avenue on March 30, 1984, by Planning Commission Resolution No. 22614 and overhangs 1336 Parsons Avenue as a result of the applicant’s plans showing an incorrect property line . As the properties were owned in common, the error went unnoticed by the City for several decades until the owner of 1336 Parsons Avenue attempted to improve their property.

On August 21, 2018, the City Council authorized the initiation of a General Plan Amendment application to facilitate the requested change in land use designation to Professional Office 5.

While the applicant subse quently applied and received authorization for a General Plan Amendment to change in land use designation of 1308 and a portion of 1336 Parsons Avenue to Neighborhood Commercial , the applicant has abandoned those plans in favor of pursuing the original authorization.

Site & Architectural Review (1308 Parsons Avenue): Site and Architectural review of the project is required facilitate the conversion of the existing single -family residence located at 1308 Parsons Avenue to a professional office use 6. While the code provides limited guidance as to what extent a conver ted structure /site should be brought into conformance with current standards, it is recommended that th e Site and Architectural Review C ommittee review the considerations in review of applications and consider how the project would comply with each of the required findings for approval. To aid in the review of each finding (provided in italics), staff comments on how the project may be found are provided in plain text below.

1. The project will be consistent with the general plan;

The existing single -family residen ce is non-conforming with the existing Professional Office (P -O) General Plan land use designation . The applicant’s proposa l would serve convert the residence to professional office which will b ring the non- conforming structure into compliance with the general plan and therefore, would be consistent with the land use designation.

The following serves to summarize specific policies, strategies, and other policy language from the General Plan to take into co nsideration for the redevelopment of the subject property:

Policy LUT-5.1: Neighborhood Integrity : Recognize that the City is composed of residential, industrial and commercial neighborhoods , eac h with its own individual character;

4 Planning Commission Res. 2261 separately required the owner to demonstrate 1308 Parsons Avenue was legally converted from a residence to commercial use. As no responsive records exist; a conditional use permit is required. 5 The Council’s authorization to proceed does not guarantee that the amendments will be approved, only that the request warrants further review and analysis as part of a formal application. 6 While project data has been provided for 1336 Parsons Avenue, this is provided for reference only to demonstrate the site will be code compliant after the transfer of 1,884 square feet to 1308 Parsons Avenue.

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Attachment: SARC Memo, dated February 8, 2022 (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) SARC Memorandum – February 8, 2022 Page 4 of 6 PLN-2020-64 ~ 1308 & 1336 Parsons Avenue
and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods.

Strategy LUT-5.3b: Minimal Setbacks : Design commercial and office buildings ci ty-wide to have minimal setbacks from the sidewalk except to allow for pedestrian oriented features such as plazas, recessed entryways, and wider sidewalks for outdoor cafes.

Discourage parking areas between the public right-of-way and the front façade of the building.

Strategy LUT-5.6c: Physical Buffers: Provide landscaped buffers, sidewalks and equipment screening to provide a visual and noise-abating buffer between uses.

Policy LUT-5.8: Non-Conforming Uses: Encourage non -conforming properties to redeve lop as conforming uses.

In consideration of the aforementioned policies and strategies, dedicated dis cussions on site layout and design have been provided for review and consideration.

2. The project will aid in the harmonious development of the immediate area; and

The applicant ’s proposal will bring a non -conforming use into conformance w ith the General Plan , and result in added sa fety improvements onsite (i.e., accessibility improvements) and benefits to the public right of way (the project will add a ne w sidewalk on Parsons Avenue).

3. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s).

The subject property is not subject to adopted design guide lines, a development agreement, overlay district, area plan, neighborhood plan or specific plan and therefore, the project would not conflict with such documents. The applicant’s proposal is instead subject to review and approval of a Site and Architectura l Review permit which serves to facilitate a review of the applicant ’s proposal for compatibility with the intended use and surrounding neighborhood. To assist with a review of key considerations of the project, an analysis of the ‘Site Layout’, ‘Parking’, and ‘Landscaping’ has been provided by staff below.

Site Layout: The existing building i s located over 29- feet back from Camden Avenue and separated by a surface level parking lot, where Str ategy LUT-5.3b discourages both approaches in the design of new office buildings . However, as t he applic ant is proposing to convert an existing residential building, which is encouraged by the G eneral Plan (see Policy LUT-5.8), the project should only be required to comply with applicable policy to the extent feasible. In consideration of the applicant ’s proposal, it should be noted that pedestrian access to the site would be improved by adding a new accessible path of travel to Camden Avenue.

In consideration of motor vehicle circulation, the project site is served by a sin gle driveway on Parsons Avenue which provides one -way traffic onsite in a clockwise direction. As this arrangement r esults in a conflict at the project entrance, where vehicles exi ting the property momentarily cross traffic with vehicles entering the property, the SARC should consider whether

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Attachment: SARC Memo, dated February 8, 2022 (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) SARC Memorandum – February 8, 2022 Page 5 of 6 PLN-2020-64 ~ 1308 & 1336 Parsons Avenue
the site would be better served by a counterclockwise circulation pattern . If the circulation pattern were changed, several parking spaces (#11 to 15) would need to be relocated to fall along the south property line to provide improved access and therefore require an alternative site design to be prepared to review the impact of such changes.

If the SARC believes an al ternative sit e layout should be explored, the item may either be continued for review, or presented to the Planning Commission for discussion.

Parking: Pursuant to Section 21.28.040 (Table 3) of the Campbell Municipal Code (CMC), professional offices are required to provide 1 space per 22 5 square feet of floor area. For the 3,743 square-foot building a minimum of 17 parking spaces is required where 15 parking spaces have been provided.

In consideration of the request, the SARC may wish to advise if any changes to the site layout or design should be considered to accommodate additional onsite parking spaces and/or if it would be appropriate to i mpose any conditions of approval on the projec t to ensure tha t required findings to support a parking modification may be established (i.e., limitin g total number of workers in the building at any one time).

Landscaping: Pursuant to Section 21.26.020.A. , all developments with the P -O zoning district are required to landscape a minimum of 12 percent of the net lot area and provide a 10-foot-wide continuous landscape area along the public street f rontages. While the project falls sho rt of satisfying both requirements, the Planning Commission has the authority to adjust the landscaping requirements when it determines there are unique or speci al circumstances that warrant an adjustment. In consideration of the project, the SARC may seek to advise the Planning Commission as to w hether the conversion of a residential structure to professional office use is such a unique or special circumstance, and /or advise on changes to the site to add additional landscaping to the extent feasible. In co nsideration of the sta ndard, the SARC may recommend requiring additional landscaping between parking spaces along the project frontage (i.e., Parking Spaces 1 to 7, and 8 & 9) or interior to the site (i.e., spaces 11 to 13).

Fencing: The rear fence serves to buffer and screen an office use from a resi dential property.

Pursuant to CMC 21.18.120 (Screening and buffering) fences and walls between different zoning districts (i.e., P-O & R-1-6) should consist of an “opaque screen consisting of plant material and a solid wall or wooden fence, not less than six feet in height ” where the applicant has proposed a new 6-foot tall concrete precast wall. The SARC should consider if landscaping in addition to this wall, or on this wall such as a creepin g vine, should also be considered and required for the project.

Public Improvements : The projec t requires frontage i mprovements per Campbell Municipal Code Section 11.24.040 and will result in a new sidewalk on Parsons Avenue.

Public Comments: No p ublic comments specific to the subject proposal were received as of the writing of this memo.

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Attachment: SARC Memo, dated February 8, 2022 (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) SARC Memorandum – February 8, 2022 Page 6 of 6 PLN-2020-64 ~ 1308 & 1336 Parsons Avenue

SUMMARY
The SARC should discuss the project's pr oposed site layout, architecture, mat erials, a nd landscaping. If the SARC believes th at the applicant has adequately addressed any concerns the Committee may have, it ma y recommend approval to the Planning Commission as proposed, o r subject to specific rev isions. The followi ng discussion points have been raised to facilitate discussion and review of the project:

o Site Layout: Should any changes to the site layout be considered to accommodate additional onsite parking spaces or to address issues with circulation? o Landscaping: Are there a ny areas onsite where additional landscaping should be added (e.g., b etween parking stalls , or on the pre -cast concrete wal l along the southerly property line)?

Attachments:

A. Location Map
B. Project Plans

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Attachment: SARC Memo, dated February 8, 2022 (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) Campbell Planning Commission Meeting Minutes – March 8, 2022 Page 2

1. PLN-2020-64

Public Hearing to consider the application (PLN-2020-64) of Charles Bronitsky for a General Plan and Zoning Map
Amendment to allow a portion of 1336 Parsons Avenue to
change in land use designation from Low -Density
Residential (Less than Six Units per Gross Acre) to
Professional Office, and zoning designation from R-1- 6 (Single-Family Residential) to P -O (Professional Office) in order to facilitate the transfer of a portion of a commercial parking lot built on a residential property to an adjoining commercial property located at 1308 Parsons Avenue. The applicant is also requesting review and approval of a
Conditional Use Permit with Site and Architectural Review to allow the conversion of a single- family residence to a commercial use and Parking Modification Permit to allow a reduction in the number of required parking spaces for
property located at 1308 Parsons Avenue. Staff is
recommending that this item be deemed Categorically
Exempt under CEQA.

Senior Planner Rose presented a staff report dated March 8, 2022. The project site is an office space located at 1308 Parsons Avenue and a residential property located at 1336 Parsons Avenue. Applicant proposal includes a G eneral Plan Amendment from Low Density Residential to Professional Office; a Zoning Map Amendment from R-1-6 -to P-O (Professional Office); a Conditional Use Permit with Site and Architectural Review to allow conversion of a single-family residence to office; and a Parking Modification Permit to allow reduced parking from the required 17 spaces to 15.

Chair Ching asked if there were Commission questions for staff.

The Commission asked general questions related to the propsal, property history, the parking spaces, and the zoning designations.

Vice Chair Buchbinder reported out on the SARC review, comments included: a bike rack would go well at the 1308 property; and adding landscaping along the project frontage and interior to the site between parking stalls.

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Attachment: Planning Commission Meeting Minutes, March 8, 2022 (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) Campbell Planning Commission Meeting Minutes – March 8, 2022 Page 3

Chair Ching opened the Public Hearing for Agenda Item No. 1.

Mr. Bronitsky , applicant, commented that they are going through the process to be in compliance with the City. He thanked staff for their help.

Joe Charvez, Campbell resident stated his concerns with the future impact caused by changing the property from Residential to Neighborhood Commercial and not Professional Office.

Al Hieb, Campbell resident expressed concerns with tenants blocking his mailbox, driveway, and access gate. He was concerned that if the property was changed to Commercial it would make the current speeding and parking issues in the area worse.

Gabriel Tovar, Campbell resident stated that him and his neighbors are concerned about the speeding of patrons visiting the property businesses, and more traffic in an already busy neighborhood. Additional concerns included patrons blocking his driveway and noise issues. He is not supportive of commercial uses for this area.

Mr. Shahadi, Campbell resident stated he is a current resident at one of the properties. He recognizes the process is taking a long time. He confirmed his agreement with Mr. Bronitsky and is trying to be supportive of the neighborhood.

Applicant Bronitsky clarified he is not seeking to change the zoning from Professional Office.

Chair Ching closed the Public Hearing for Agenda Item No. 1.

Commissioner Zisser stated support of the project as there is an agreement between the two owners for a Professional Office use only.

Commissioner Krey was supportive of Professional Office use for this space but would like to explore more on what can be done to improve parking concerns.

In regard to enforcement concerns Senior Planner Rose noted that there is a Conditional Use permit with a condition of approval speaking to parking management in that in the event that there are three verifiable parking complaints received the Director is empowered to require the establishment of a limited duration parking; reduce the permitted occupancy or even hours of operation; require greater staggering of business activity; or requiring additional parking management strategies. If those do not work the permit could then be returned to the Planning Commission for review.

Vice Chair Buchbinder stated support of the proposal.

Chair Ching stated he understands neighborhood concerns but noted there are mitigation and remedy measure s to address those issues. He was supportive of the applicant proposal.

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Attachment: Planning Commission Meeting Minutes, March 8, 2022 (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) Campbell Planning Commission Meeting Minutes – March 8, 2022 Page 4

Motion: Upon motion by Commissioner Zisser, seconded by Commissioner Rivlin, the Planning Commission adopted Resolution No. 4632 recommending that the City Council approve a General Plan Amendment to allow a portion of 1336 Parsons Avenue to change in land use designation from Low-Density Residential (Less than Six Units per Gross Acre) to Professional Office; and adopted Resolution No. 4633 recommending that the City Council adopt an ordinance approving a Zoning Map Amendment to allow a portion of 1336 Parsons Avenue to change in zoning designation from R-1-6 (Single-Family Residential) to P-O (Professional Office); and adopted Resolution No. 463 4 recommended the City Council approve a Conditional Use Permit with Site and Architectural Review to allow the conversion of a single-family residence to a commercial use and Parking Modification Permit to allow a reduction in the number of required parking spaces for property located at 1308 Parsons Avenue by the following roll call vote:

AYES: Rivlin, Zisser, Ostrowski, Kamkar, Krey, Buchbinder, Ching NOES: None
ABSENT: None
ABSTAIN: None

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Attachment: Planning Commission Meeting Minutes, March 8, 2022 (1308 & 1336 Parsons Avenue (GPA/Zoning Map Amendment)) City
Council
Report
TITLE: Public Hearing to Consider Request of Nicholas and Andrea Key for Property at 705 El Patio Drive to Rescind the Listing of a D esignated Structure of Merit from the Historic Resource Inventory (HRI). (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council (1) adopt a resolution rescinding the designation of 705 El Patio Drive as a Structure of Merit, subject to pay ment of a $5,000 in -lieu fee; and (2) add an Historic Preservation Ordinance update to the Community Development Department's FY23 Work Plan.

ENVIRONMENTAL DETERMINATION
The action to remove the subject property from the Historic Resource Inventory (HRI ) may be deemed Exempt under Section 15061(b)(3) of the California Environment Quality Act (CEQA) Guidelines in that it can be seen with certainty that there is no possibility for the action to have a significant effect on the environment.

DISCUSSION
Project Site: The project site is located at the easterly terminus of El Patio Drive, east of Poplar Avenue, and is bordered by single -family residences to the east and townhomes to the north, as shown on the aerial map, below.

The property is developed with a single-family residence, recognized as a Structure of Merit on the HRI, constructed in the late 1930's in the Spanish Colonial Revival Style (reference Attachment B – Site Photographs). According to the City's Department of Parks and Recreation (DPR) 523A form, this home was one of several of this architectural style built within the Rancho del Patio subdivision during the 1930's under the supervision of B.J. Smith (reference Attachment C – DPR Form ). The existing residence is slightly over 1,000 square feet incorporating two bedrooms, a kitchen, living room, and small dining area.

Item: 11
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: August 16, 2022
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Historic Preservation: The City maintains a list of 145 historic properties known as the Historic Resource Inventory (HRI) , which was originally established in 1984. Within the HRI, there are three types of "historic resources" (properties), as listed, below. Only the City Council may add or remove properties from the HRI. ➢ Structure of Merit : A historic resource possessing outstanding aesthetic, architectural, cultural, or engineering historic v alue. Structures of Merit were formerly named "designated historic resource inventory properties" in prior enactments of the current Historic Preservation Ordinance. ➢ Landmark: A historic resource found to have exceptional historic significance in Campbell.
➢ Historic District Property : A geographically defined area that has been designated by ordinance of the City Council as possessing a concentration, or a thematically related grouping, of historic resources which contribute to the historical character of t he area. Today, there is only one historic district in Campbell, the Alice Avenue Historic District.

Pursuant to Campbell Municipal Code (CMC) Chapter 21.33 and in conjunction with the Campbell Design Guidelines for Historic Residential Buildings and by reference the Secretary of the Interior's Stan dards, the City protects these structures from alterations that would undermine their historic integrity so that they may be preserved for the enjoyment and appreciation of future generations. This is accomplished by a multi -tier regulatory approach that is generally intended to allow for expedited approval of most minor changes (e.g., window change -outs, new roofing, etc.) while requiring a more thorough review of significant changes (e.g., additions or alterations to "character - defining" features) to these identified historic resources.

Property Background : The subject property was added to the Historic Resource Inventory (HRI), along with 649 El Patio and 58 S. Third Street, by the City Council at its meeting of May 1, 2012. The property's designation o ccurred after extensive public outreach and review by both the Historic Preservation Board (HPB) and the Planning Commission as noted in the City Council staff report (reference Attachment D). In support of the decision to list the property on the HRI, the Council found that it 11 Packet Pg. 167
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possessed "significant aesthetic, architectural, cultural, or engineering interest or value of an historical nature". As noted by the DPR form, the property typifies Spanish Colonial Revival Style through incorporation of character -defining features, including a flat-roof, cross -gabled roofs with Spanish tile roofing, steel casement windows, and stucco-covered chimneys with brick reveal.

Last year, the homeowners, submitted a Tier 1 Historic Resource Alteration Permit to allow construction of a 523 square -foot addition, incorporating an expanded living area and master bedroom, and an additional bedroom. The application was agendized for consideration before the HPB at its September 22, 2021, meeting (reference Attachment E – Staff Repo rt). Prior to the meeting, staff discovered that the homeowners had performed unauthorized alterations to the building that were not shown in the application. As a result, the September 22nd HPB hearing was continued to a date uncertain (reference Attachment F – Meeting Minutes ). City staff began consulting with its Historical/Architectural Advisor, Mark Sandoval to evaluate the alterations and determine next steps. The City requested Mr. Sandoval to prepare a report to ascertain whether (and how) the façad e of the structure could be restored, and if so, if it would retain sufficient integrity to remain eligible to remain on the HRI.

Unpermitted Alterations: The photographs, below, compare the subject property before and after the unpermitted alterations. Th e scope of the alterations includes removal of the box -formed columns and recessed casement window, application of new stucco resulting in the loss of the original texture, creation of a new arched feature over the entryway, and construction of connected w alls extending from either side of the house.

As a result of these changes, the “character-defining features” have been removed and the structure no longer resembles its original appearance. If the applicant had applied for City approvals and permits, thes e alterations would have required a Tier 1 Historic Resource Alteration Permit application since the character -defining features of the structure would have been removed (CMC Sec. 21.33.070.B.1.a), as identified in the DPR prepared for the building.

Proposal: Based on the results of Mr. Sandoval's review (discussed, below) and determination that the alterations have modified the character defining features and historical integrity of the structure, the homeowners are seeking to rescind the historic designation of the property, as permitted by CMC Sec. 21.33.060.D.1.

ANALYSIS
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As specified by CMC Sec. 21.33.060.D, rescinding a property's historic designation requires the City Council, upon independent recommendations of the Board and Planning Commission, to find that "based on substantial evidence and findings of fact in the record that the resource no longer has historic value with respect to the designation criteria." The historic designation criteria are as follows:
(a) The resource is associated with event s that have made an important contribution to the broad patterns of our history or cultural heritage; (b) The resource is associated with the lives of persons important to our history; (c) The resource yields, or has the potential to yield, information important to our prehistory or history;
(d) The resource embodies the distinctive characteristics of a type, architectural style, period, or method of construction;
(e) The resource represents the work of a notable architect, designer, engineer, or builder; or
(f) The resou rce possesses significant artistic value or materially benefits the historic character of the neighborhood, community, or city.

The Municipal Code further indicates that "in the case of disagreement as to the significance of a historic resource [between th e Historic Preservation Board and Planning Commission], a historic evaluation report and/or structural report shall be required." In this case, a historic report has been prepared for use by all parties.

Mr. Sandoval's report traces the history of the Ranc ho Del Patio tract in which the subject property is located and evaluates the current status of the structure in this context (reference Attachment G ). Mr. Sandoval concludes that the unauthorized alterations have modified the building's historical integri ty and character defining features, rendering it ineligible for continued listing as a Structure of Merit on the HRI.

Regarding restoration of the building to its pre -altered condition, Mr. Sandoval concludes that although restoration of the façade is tech nically feasible, he is not supportive of such an approach noting that the "original historical integrity of the home has been significantly diminished" as a result of the unpermitted modifications, compounded by the owner's proposed addition. For this reason, the report recommends that the City should consider removing the property from the HRI.

Given the extent of the unpermitted alterations and the determination by the City’s historic consultant that the historical integrity of the building cannot be res tored, staff is supportive of removing the property from the HRI in that the structure no longer embodies the distinctive characteristics of the Spanish Colonial Revival Style.

Moreover, maintaining a property that has lost its historical integrity on the HRI undermines the purpose of the list and dilutes the importance of other registered properties. As identified by Mr. Sandoval, although the structure could be restored to resemble its original appearance, it would simply be a representation of the origin al and 11 Packet Pg. 169
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arguably still lack the building’s original integrity and historic value to qualify its listing on the HRI.1
In-Lieu Fee: The City's Code Enforcement Officer issued an Administrative Citation in the amount of $275 (inclusive of a $100 fine and $175 in administrative fees) to the applicant for performing work without a building permit. The Municipal Code does not identify any additional penalties or fines for unauthorized construction resulting in the alteration, damage, or demolition of a listed his toric resource. Although CMC Sec.

21.33.100 does obligate owners to maintain their historic property in good repair and specifies that allowing an historic resource to "suffer severe deterioration beyond the point of repair" constitutes a public nuisance s ubject to administrative penalties, it does not address unpermitted alterations to a property.

However, the City may impose a fee as a condition of approval to affirmatively support findings for approval as necessary to determine consistency with the Gener al Plan or other city policies, and when a clear nexus can be established. In this instance, the unauthorized work and proposed removal of the building from the HRI represents a resource loss that is in conflict with Campbell’s historic preservation polici es and ordinances. As such, both the Planning Commission and Historic Preservation Board recommend that removal of the property from the HRI be conditioned upon payment of a fee in-lieu of restoring the property to its historic condition. Although the fee could be set as high as the cost to restore property to its previous state ($45,000) 2 (which as noted, above, is a technically feasible, but not an advisable course of action), both the Board and Commission recommend a fee of $5,000.

Application of this fee would support the City's obligations to the Certified Local Government Program (CLG). As provided in Appendix G of the Certified Local Government Application and Procedures , August 1999, (reference Attachment I ) the City is obligated to "Enforce appropriate state or local legislation for the designation and protection of historic properties," including "adopt[ing] local historic preservation ordinances with provisions to enforce the designation and protection of historic and archeological resources." Since the City's current Historic Preservation Ordinance lacks a substantive enforcement mechanism to deter or punish unlawful alterations (or demolitions) of designated historic resources, imposition of an in -lieu fee would serve this purpose.

Moreover, imp osition of the fee would further implementation of General Plan Policy LUT-8.1 (Historic Buildings, Landmarks and Districts and Cultural Resources) and

1 In some circumstances, restoration could be found appropriate, however. For example, had the property been located in a historic districts where its pre -alteration appearance contributed the districts' architectural character/theme, restoration could have served a broader goal of maintaining t hat architectural character/theme.
2 Staff had recommended a fee amount of $45,000, equal to the sum of an estimate provided by the City's Historic Architectural Advisor for architectural and engineering design and consulting services, and preparation of historic evaluation for the property including an update to DPR 523 form, in the amount of $28,250 and a construction cost estimate for the restoration work provided by the City's Acting Building Official in the amount of $24,840, less a 15% adjustment factor. These estimates are included as Attachment H.
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Policy CNR -1.1 (Historic Resource Preservation) and their applicable supporting strategies, below, by en couraging the preservation of existing and potential historical resources in the community, and by maintaining the integrity of the HRI and the City's historic preservation program.

Policy LUT-8.1: Historic Buildings, Landmarks and Districts and Cultural Resources: Preserve, rehabilitate or restore the City’s historic buildings, landmarks, districts and cultural resources and retain the architectural integrity of established building patterns within historic residential neighborhoods to preserve the cultural heritage of the community.

Strategy LUT-8.1g: Update Historic Resource Inventory : Review the City’s neighborhoods for consideration of adding significant
structures, landmarks, trees or district status to the Historic Resource inventory on a regular basi s, and update the list accordingly.

Strategy LUT-8.1g: Certified Local Government Status : Attain Certified Local Government Status of the Historic Preservation Ordinance.

Strategy LUT-8.1h: Historic Preservation Incentives : Develop incentives to encourage preservation and restoration including allowing the use of appropriate historic Building and Fire Codes and leniency on certain standard development requirements.

Strategy LUT-8.1i: Altering or Demolishing Historic Resources : Establish procedures, includin g identifying alternatives, for proposals that significantly alter or demolish historic resources.

Policy CNR-1.1: Historic Resource Preservation : Ensure that the City and its citizens preserve historic resources as much as possible.

HPB Action: The HPB considered the applicant's request at its March 23, 2022 meeting.

The item had been continued since January so that staff could prepare the necessary documentation for the recommended in -lieu fee. After an extensive discussion, the Board unanimously adopted a resolution recommending that the City Council remove the property from the HRI subject to a fee in-lieu of property restoration in the amount of $5,000 (reference Attachment J – Meeting Minutes).

Planning Commission Action : The appl icant's request was also heard by the Planning Commission at its May 10, 2022 meeting . The Commission generally agreed with the HPB's determination and on a 5 -1-1 vote (Kamar dissenting, Ostrowski absent) 11 Packet Pg. 171
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recommended approval of the applicant's request subject to a $5,000 in -lieu fee (reference Attachment K – Meeting Minutes).

Future Code Updates : As illustrated by this example, the lack of a substantive enforcement mechanism authorized in the Campbell Municipal Code to deter or punish unlawful alterations (or demolitions) of the City’s designated historic resources leaves them exposed to future damage. As such, staff requests that an update to the Historic Preservation Ordinance be added to the Community Developm ent Department's FY23 Work Plan. The update should include provisions to establish fines and penalties for unauthorized damage or destruction of historic resources 3 and to clarify the permitting requirements for historic properties.

Public Comment: No public correspondence on this request has been received.

FISCAL IMPACT
If approved by the City Council, the $5,000 in -lieu fee funds would deposited into a dedicated account that will be exclusively used to support the preservation of historic resources, as directed by the City Council at a future date. No other fiscal impact would result from this action.

ALTERNATIVES
The City Council may consider the following alternatives:

1. Reduced or No Fee : The City Council may approve the applicant's rescission request with a lowered fee or without a fee.

2. Deny the Request: If the City Council is not supportive of removing the property from the HRI, it may deny the request and compel the property owner to restore the property to its previous condition. This action would require continuance of the public hearing so that a denial resolution may be drafted for the Council's consideration.

Prepared by:

Daniel Fama, Senior Planner
3 For example, other cities, such as Pleasanton, Burlingame, and San Francisco, have had to address similar deficiencies in their codes by adopting sizable fees and other penalties to discourage unpermitted alterations or demolitions of historic resources.
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Attachment:
a. Draft Resolution
b. Site Photos
c. DPR Form
d. City Council Report, dated 5-01-2012
e. HPB Staff Report, dated 9-22-2021
f. HPB Minutes, dated 09-22-2021
g. Mark Sandoval Report
h. Cost Estimates
i. CLG Application and Procedures - Appendix G
j. HPB Minutes, dated 03-23-2022
k. PC Minutes, dated 05-10-2022
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Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager

RESOLUTION NO. ___

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL RESCINDING THE LISTING OF 705 EL PATIO DRIVE AS

A STRUCTURE OF MERIT FROM THE CITY OF CAMPBELL

HISTORIC PRESERVATION INVENTORY , SUBJECT TO PAYMENT
OF A $5,000 FEE IN-LIEU OF PROPERTY RESTORATION.

After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

The City Council finds as follows with regar ds to the recommended approval to rescind a Structure of Merit from the Historic Resource Inventory (PLN-2021-70):

Environmental Finding:

1. This action is exempt under Section 15061(b)(3) of the California Environment Quality Act (CEQA) Guidelines in that it can be seen with certainty that there is no possibility for the action to have a significant effect on the environment.

Evidentiary Findings:

1. The Subject Property is located at the easterly terminus of El Patio Drive, east of Poplar Avenue.

2. The Subject Property is zoned R-1-6 (Single-Family Residential) Zoning District on the City of Campbell Zoning Map.

3. The Subject Property is designated Low Density Residential on the City of Campbell General Plan Land Use diagram.

4. The Subject Property is developed with a single-family residence, a designated Structure of Merit constructed in the late 1930's in the Spanish Colonial Revival Sty le, located within the Rancho Del Patio tract.

5. The Subject Property was added to the Historic Resource Inventory (HRI) by the City Council at its meeting of May 1, 2012 through adoption of Resolution No. 11396. In support of the decision to list the property on the HRI, the City Council found that it possessed "significant aesthetic, architectural, cultural, or engineering interest or value of an historical nature". As noted by the Subject Property's Department of Parks and Recreation (DPR) Form 523, the property typifies Spanish Colonial Revival Style through incorporation of character-defining features, including a flat-roof, cross-gabled roofs with Spanish tile roofing, steel casement windows, and stucco -covered chimneys with brick reveal.

6. The Subject Property incurred unpermitted physical alterations made by the property owner during calendar year 2020, which have been evaluated by the City's Historic Architectural Advisor in a report entitled 705 El Patio Drive, Campbell, CA – Review of Non-Permitted Alterations. The report identifies the extent of the changes as:

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PLN-2021-70 ~ 705 El Patio Drive
Gone are the original three box-formed columns that once dominated the front gabled wall of the home, in addition to the deeply recessed feature casement window next to the entryway to the home. These character-defining features were unique and were not found on any of the other six homes constr ucted on El Patio at the time. In addition, it appears the property owner may have also added the stucco walls with gate openings, which separate the rear and side yards of the property from the street, along with the tile-faced and brick half-circular main entrance landing and the brick -paved walkway, as part of the same remodel.

7. Campbell Municipal Code (CMC) 21.33.0 70 (Application for an Exterior Alteration to a Historic Resource ), specifies that an application for exterior alteration to a historic resource (including, but not limited to, replacement of windows, doors, columns, porches, chimneys, roofing, or siding materials) shall be filed with the Community Development Department. Further, CMC Section 21.33.070.B.1.a (Structures of Merit) provides that any proposed alteration that alters the character -defining features of Structure of Merit shall be reviewed by the Historic Preservation Board as a Tier 1 Historic Resource Alteration Permit in accordance with the CMC Section 21.33.080 (Historic Resource Alteration Permit - Tier 1).

8. The Subject Property incurred unpermitted physical alterations without prior consideration of a Tier 1 Historic Resource Alteration Permit and without the benefit of a building permit.

9. The Historic Architectural Advisor's report on the unpermitted alterations concludes that the "original historic integrity of the home has been significantly diminished" and that the "city should consider removing the property at 705 El Patio Drive from the City of Campbell’s Historic Resource Inventory."

10. By diminishing the historic integrity of the Subject Property, the unpermitted alterations are inconsistent with the Campbell Historic Design Guidelines and by reference, the Secretary of the Interior's Standards . Such inconsistency would likely have required denial of the Tier 1 Historic Resource Alteration Permit and compulsion of a request for a Tier 2 Historic Resource Alteration Permit pursuant to CMC Section 21.33.090 (Historic Resource Alteration Permit - Tier 2).

11. Upon completion of the Historic Architectural Advisor's report , the Property Owner submitted a request to rescind the historic designation of the property.

12. Pursuant to CMC Section 21.33.060.D.1 (Initiation), rescinding of the property's historic designation requires the City Council, upon independent recommendations of the Historic Preservation Board and Planning Commission, to find that "based on substantial evidence and findings of fact in the record that the resource no longer has historic value with respect to the designation criteria."

13. Maintaining a property that has lost its historical integrity on the Historic Resource Inventory undermines the purpose of the list and dilutes the import of other listed properties.

14. Although possible to restore the Subject Property to its original condition, the Historic Architectural Advisor opines that " such measures will probably not ad d any additional historic value to this property, especially in light of the extensive past non -permitted building alterations to the exterior of this home and the new room addition currently

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PLN-2021-70 ~ 705 El Patio Drive
proposed by the property owner. As a consequence of these collec tive building modifications to this small home the original historic integrity of the home has been significantly diminished."

15. Removing the Subject Property from the Historic Resource Inventory due to unpermitted alterations that otherwise would not have been approved is inconsistent General Plan Goal LUT-8 (Preservation of historic buildings, districts and cultural resources ), and its supporting policy and strategies and with the intent and purpose of the Historic Preservation Ordinance , as specified in CMC Section 21.33.010.B (Purpose), by hindering the City's ability preserve culturally and historically significant resources and fulfilling its responsibility, as a certified local government, to enfor ce state and local legislation for the designation and protection of historic resources.

16. In furtherance of the General Plan, the Historic Preservation Ordinance, and the City's Certified Local Government status, approval of the rescission request is subjec t to payment of fee in-lieu of restoration of the Subject Property to its previous condition. This fee is imposed pursuant to the following findings:
a. The purpose of the in -lieu fee is to provide funds for the maintenance, restoration and preservation of historic resources in the City of Campbell.

b. The in-lieu fee will be deposited in separate account that will be exclusively used to support the preserv ation of historic resources with in the City of Campbell as directed by the City Council , including but not limited to, preparation of h istoric evaluation report s for evaluation of eligible resources for formal listing on the Historic Resource Inventory , di stribution of monetary grants to restore historic structures, an update to the City of Campbell Design Guidelines for Historic Residential Buildings , and/or an update and expansion of the City's Mills Act Historical Property Contract Program.

c. There is a reasonable relationship between the in-lieu fee's use and the request for the Subject Property to be removed from the Historic Resource Inventory in that the funding would further General Plan Policy LUT -8.1 (Historic Buildings, Landmarks and Di stricts and Cultural Resources) and Policy CNR -1.1 ( Historic Resource Preservation ) and their applicable supporting strategies, below, by encouraging the preservation of existing and potential historical resources in the community, and by maintaining the integrity of the HRI and the City's historic preservation program.

Policy LUT-8.1: Historic Buildings, Landmarks and Districts and Cultural Resources:

Preserve, rehabilitate or restore the City’s historic buildings, landmarks, districts and cultural resources and retain the architectural integrity of established building patterns within historic residential neighborhoods to preserve the cultural heritage of the community.

Strategy LUT-8.1g: Update Historic Resource Inventory: Review the City’s neighborhoods for consideration of adding significant structures, landmarks, trees or district status to the Historic Resource inventory on a regular basis, and update the list accordingly.

Strategy LUT-8.1g: Certified Local Government Status: Attain Certified Local Government Status of the Historic Preservation Ordinance.

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Attachment: Draft Resolution (PLN-2021-70 ~ 705 El Patio Drive.) City Council Resolution Page 4 of 5
PLN-2021-70 ~ 705 El Patio Drive
Strategy LUT-8.1h: Historic Preservation Incentives : Develop incentives to encourage preservation and restoration including allowing the use of appropriate historic Building a nd Fire Codes and leniency on certain standard development requirements.

Strategy LUT-8.1i: Altering or Demolishing Historic Resources : Establish procedures, including identifying alternatives, for proposals that significantly alter or demolish historic resources.

Policy CNR-1.1: Historic Resource Preservation : Ensure that the City and its citizens preserve historic resources as much as possible.

Strategy CNR-1.1a: Historic Resources Inventory : Maintain and update an inventory of historic resources for use in evaluating development proposals and determining if sites or buildings are of local, State or federal significance.
d. Furthermore, the imposition of the in-lieu fee would be in support of the City's obligations to the Certified Local Government Program. As provided in Appendix G of the Certified Local Government Application and Procedures , August 1999 , the City is obligated to "Enforce appropriate state or local legislation for the designation and protection of historic properties," including " adopt[ing] local historic preservation ordinances with provisions to enforce the designation and protection of historic and archeological resources. " Since the City's current Historic Preservation Ordinance (CMC Chapter 21.33) lacks a substantive enforcement mechanism to deter or punish unlaw ful alterations (or demolitions) of designated historic resources, imposition of an in -lieu fee would serve this purpose until such time the deficiency may be remedied.

e. There is a reasonable relationship between the fee’s use and the rescission request on which the fee is imposed in that the amount of this fee ($ 5,000) is less than a conservative approximation of the cost to restore the Subject Property to its previous condition. More specifically, the fee amount is less than the sum of an estimate provided by the City's Historic Architectural Advisor for architectural and engineering design and consulting services, and preparation of historic evaluation for the property including an update to DP R 523 form, in the amount of $28,250 and a construction cost estimate for the restoration work provided by the City's Acting Building Official in the amount of $24,840.

17. The City Council has considered all evidence in the record and verbal testimony.

18. No substantial evidence has been presented which shows that the request, as currently presented will have a significant adverse impact on the environment.

19. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the request.

20. No substantial evidence has been presented which shows that the request to rescind the listing of the Subject Property as a Structure of Merit from the Historic Resource Inventory, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment.

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Attachment: Draft Resolution (PLN-2021-70 ~ 705 El Patio Drive.) City Council Resolution Page 5 of 5
PLN-2021-70 ~ 705 El Patio Drive
Based upon the foregoing findings of fact, and subject to the conditions of approval, the City Council further finds and concludes that:

1. The resource is not associated with events that have made an important contribution to the broad patterns of our history or cultural heritage;

1. The resource is not associated with the lives of persons important to our history;

2. The resource does not yield information important to our prehistory or history;

3. The resource does not embody the distinctive characteristics of a type, architectural style, period, or method of construction;

4. The resource does not represent the work of a notable architect, designer, engineer, or builder;

5. The resource does not possess significant artistic value or materially benefits the historic character of the neighborhood, community, or city; and

6. Rescinding the resource from the Historic Resource Inventory, is consistent with the General Plan, as conditioned upon payment of a fee in-lieu of property restoration.

THEREFORE, BE IT RESOLVED that the City Council rescinds the historic designation of a Structure of Merit located at 705 El Patio Drive , subject to the attached Conditions of Approval (attached Exhibit "A").

PASSED AND ADOPTED this _____ day of ____________, 2022 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
Paul Resnikoff, Mayor

ATTEST:

_______________________________
Andrea Sanders, Interim City Clerk

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Attachment: Draft Resolution (PLN-2021-70 ~ 705 El Patio Drive.)

CONDITIONS OF APPROVAL
PLN-2021-70

Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.

COMMUNITY DEVELOPMENT DEPARTMENT

1. Approved Request: Approval is granted for the request to rescind the listing of 705 El Patio Drive as a Structure of Merit from the City of Campbell Historic Resource Inventory (HRI), subject to these Conditions of Approval.

2. Effectiveness of Approval: The approval to rescind the historic designation of the above referenced property shall only be effect upon payment of a fee in -lieu of property restoration as identified by Condition of Approval No. 3.

3. Required In-Lieu Fee: This approval is subject to payment of a fee in-lieu of property restoration in the amount of $5,000. The funds from this fee and all earnings from its investment shall be expended exclusively in support of the City of Campbell's historic preservation program as directed by the City Council.

4. Timing of Payment: Payment of the in-lieu fee shall be made within ninety (90) days of the City Council action. Failure to pay the fee shall render this approval void and result in recommencement of enforcement action by the City for violations of the Campbell Municipal Code related to the unpermitted alterations to the subject property.

5. Form of Payment: Payment of the fee in-lieu shall be in conjunction with and subject to an agreement satisfactory to the City Attorney waiving any right to challenge the validity of the fee pursuant to the Mitigation Fee Act (Government Code § 66000 et seq.).

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Attachment: Draft Resolution (PLN-2021-70 ~ 705 El Patio Drive.)

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Attachment: Site Photos (PLN-2021-70 ~ 705 El Patio Drive.)

DPR 523A (1/95) *Required information

Page 1 of 2 ends

P1. Other Identifier:
*P2. Location:  Not for Publication  Unrestricted *a. County Santa Clara and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.)
*b. USGS 7.5' Quad Date T; R ; ¼ of ¼ of Sec ; B.M.
c. Address 705 El Patio City Campbell Zip 95008
d. UTM: (Give more than one for large and/or linear resources) Zone , mE/ mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) APN: 279-45-003

*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)

Designed in the Spanish Colonial Revival Style popular in the 1930’s, this single family residence sits between the entrance to a condominium complex and Los Gatos Creek at the terminus of El Patio Drive. One story in height and primarily flat topped it has a parapet with tile coping surrounding built- up roofing. Cross -gabled roofs with Spanish tile roofing rise at the front and provide the character defining look to the structure. The walls are of stucco with a large trowel handcrafted pattern. A recessed entryway is set between molded columns that appear embedded into the front façade, a detail not typical to the style. The windows are steel casement set without trim into the stucco surface. Two stucco-covered chimneys rise above the roof near the front of the building with brick revealed near the top that then rises from two sides into arches.
*P3b. Resource Attributes: (List attributes and codes) Single Family Residence *P4. Resources Present: 
Building Structure Object
Site District Element
of District Other
(Isolates, etc.)
P5b. Description of Photo: (view,
date, accession #) Front
Façade, 07/24/07

*P6. Date Constructed/Age
and Source: 
Historic  Prehistoric
 Both
Late 1930’s

*P7. Owner and Address:

Karen F. Shore
244 Bonita Rd.

Portola Valley, CA 94028

*P8. Recorded by: (Name,
affiliation, and address)
Leslie A.G. Dill Architect
110 N. Santa Cruz Ave.,
Los Gatos, CA 95030

*P9. Date Recorded: 4/1999
*P10. Survey Type: (Describe)
Inventory Update

*P11. Report Citation: (Cite survey report and other sources, or enter "none.") 1977-78 Survey.

*Attachments: NONE Location Map Continuation Sheet  Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record
Artifact Record Photograph Record  Other (List):

State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
P5a. Photograph or Drawing (Photograph required for
buildings, structures, and objects.)

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Attachment: DPR Form (PLN-2021-70 ~ 705 El Patio Drive.)

DPR 523A (1/95) *Required information

*NRHP Status Code

Page 2 of 2 ends

B1. Historic Name:

B2. Common Name:

B3. Original Use: Single-Family Home B4. Present Use: Same *B5. Architectural Style: Spanish Colonial Revival Style *B6. Construction History: (Construction date, alterations, and date of alterations)

Built, late 1930’s

*B7. Moved? No Yes Unknown Date: Original Location:
*B8. Related Features:

B9a. Architect: b. Builder:
*B10. Significance: Theme Architecture Area

Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.)

In January, 1931, the subdivision map for Tract No.2, Rancho del Patio was drawn by civil engineer R. W. Fisher, This became a California Spanish Revival Style subdivision with a total of 7 houses built under the supervision of B.J. Smith on El Patio. His son -in-law, Charles Lynds, painted 5 of the houses inside and out.

B11. Additional Resource Attributes: (List attributes and codes)

*B12. References:

See P11

B13. Remarks:

*B14. Evaluator: See P8
*Date of Evaluation: See P9
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#

BUILDING, STRUCTURE, AND OBJECT RECORD
(This space reserved for official comments.)

5 11.c
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Attachment: DPR Form (PLN-2021-70 ~ 705 El Patio Drive.) o~ . Ci\Jt~
tJ ~
o 0
OltCHA.\\.\J
City
Council
Report
Item:

Category:

Meeting Date:

15. Public Hearing
May 1, 2012
TITLE: Public Hearing to consider a City initiated application to designate three properties as Historic Resource Inventory Properties ( PLN2012- 63).

RECOMMENDATION
Staff recommends that the City Council take the following action:

1. Adopt a Resolution, designating 649 EI Patio Drive, 705 EI Patio Drive, and 58 S. Third Street as Historic Resource Inventory properties.

BACKGROUND
When a property is listed on the Historic Resource Inventory ( HRI), it joins a select group of other historic properties, all of which exhibit a degree of local significance. A listing on the HRI identifies structures that contribute to the character of a neighborhood, that help define the City' s past, and that foster increased connections to Campbell' s cultural and historical heritage. Currently 214 properties have been surveyed and have been placed in one of three levels of historic designation:

1. Landmark Properties: There are 55 properties designated as Landmark properties.

This designation identifies properties that the City Council has determined having a special aesthetic, architectural, cultural, engineering, or historical value or interest.

Landmark designation includes specific properties, such as the Ainsley House and the Campbell Community Center, and those properties located within the Alice Avenue Historic District.

2. Properties listed on the Historic Resources Inventory: There are 84 properties on the City Council approved inventory of buildings and structures. These are properties found significant to the City of Campbell' s history, architecture, archaeology and culture but not designated as Landmark Properties or found within a designated Historic District.

3. Potential Additions to the Historic Resource Inventory List: There are currently 75 properties identified by the Historic Preservation Board as potential additions to the Historic Resource Inventory. These properties have been identified as being potentially significant to the City of Campbell's history, architecture, archeology, and culture, but have not been approved by the City Council for designation as either a Landmark Property or a HRI property. They are simply a group of surveyed properties that could potentially be added.

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Attachment: City Council Report, dated 5-01-2012 (PLN-2021-70 ~ 705 El Patio Drive.)

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Attachment: City Council Report, dated 5-01-2012 (PLN-2021-70 ~ 705 El Patio Drive.) City Council Report - May 1, 2012
Historic Resource Inventory Designation

Page 3 of 5 ends

questions regarding historic resource designation. After receiving input from seven of the property owners, the HPB scheduled a public hearing to continue the designation process. On March 28, 2012, the HPB held a public hearing to determine which of the 13 property owners support HRI designation. Two property owners, 649 EI Patio Drive and 58 S. Third Street, had previously expressed their support and continued participation. The property owners of 705 EI Patio Drive were supportive of bringing their property to the Planning Commission for recommendation as long as they are able to withdraw their property from consideration pending their additional research reference Attachments 2 & 3, Location Maps & Historic Surveys). As the HPB has expressed its desire to only bring forward those property owners of the first 13 who support inclusion, the Board adopted a Resolution recommending HRI designation for 649 EI Patio, 705 EI Patio, and 58 S. Third Street, with the understanding that the property owners of 705 EI Patio may withdraw their property from consideration with the full support of the Board.

Planninq Commission Public Hearinq: The Planning Commission held a public hearing to consider the proposed project at their meeting of April 10, 2012. The Planning Commission considered the HPB' s evaluation of each of the identified properties against the criteria set forth in the Historic Preservation Ordinance. In summary, the HPB found that the three properties still under consideration met the following required criteria:

1. 649 EI Patio Drive was found to meet criteria 1 a, 1 b, 1 c, 1 d, 3a, and 3b.

2. 705 EI Patio Drive was also found to meet criteria 1 a, 1 b, 1 c, 1 d, 3a, and 3b.

3. 58 S. Third Street was found to meet criteria 1 a, 1 c, 3a, and 3b.

The attached meeting minutes reveal that the Planning Commission questioned if any additional restrictions would be placed on historic resource designated properties. Staff explained that historic resource designation may subject a property to a more detailed design review process consistent with the City' s adopted historic residential design guidelines and the Secretary of Interior standards for the treatment of historic structures.

If an owner of an historic resource complies with the adopted design guidelines and standards, project review would be consistent with that of a property not designated as a historic resource. After discussion, the consensus of the Planning Commission was that the Historic Preservation Board' s evaluation of the three residential properties whose owners desire designation was appropriate and supportable.

Planninq Commission Action: The Planning Commission voted 5- 0 ( two Commissioners absent) to recommend that the City Council designate 649 EI Patio Drive, 705 EI Patio Drive, and 85 S. Third Street as Historic Resource Inventory properties( reference Attachment 4, Planning Commission Meeting Minutes).

Evaluation of Outreach Process: The strategy for bringing forward the 75 properties on the " Potential" list was to create a process that would allow property owners to voluntarily place their structures on the HRI. This process would involve outreach to

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Attachment: City Council Report, dated 5-01-2012 (PLN-2021-70 ~ 705 El Patio Drive.)

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Attachment: City Council Report, dated 5-01-2012 (PLN-2021-70 ~ 705 El Patio Drive.)

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Attachment: City Council Report, dated 5-01-2012 (PLN-2021-70 ~ 705 El Patio Drive.) Item No. 2

CITY OF CAMPBELL ∙ HISTORIC PRESERVATION BOARD
Staff Report ∙ SEPTEMBER 22, 2021
PLN-2021-160
Key, N.

Public Hearing to consider the application of Nicholas Key for a Tier 1 Historic Resource Alteration Permit (PLN -2021-160) to allow the construction of an approximately 525 square-foot rear addition to a Structure of Merit located at 705 El Patio Drive in the R -1-6 (Single -family Residential) Zoning District. (Resolution/Roll Call Vote)

STAFF RECOMMENDATION
That the Historic Preservation Board take the following action:

1. Adopt a Resolution (reference Attachment 1), recommending approval of a Tier 1 Historic Resource Alteration Permit ( PLN-2021-160) and finding the project Categorically Exempt under Sections 15303 and 15331 of the California Environmental Quality Act (CEQA).

PROJECT DATA
Proposed Requirement
Zoning Designation: R-1-6 (Single-Family) N/A
General Plan Designation: Low-Density Residential N/A
Net Lot Area: 13,945 square-feet 6,000 sq. ft. (Min.) Density: 5.2 units/gr. acre 6 units/gr. acre. (Max.)
Building Height: 14 feet (addition) 35 feet (Min.)
Building Square Footage:

Existing Living Area: 1,055 square feet
Proposed New Area: 523 square feet
1,578 square feet (Total House Size)

Existing Front Porch: 14 square feet
Floor Area Ratio (FAR): .11 (1,578 sq. ft) .45 (6,275 sq. ft.) (Max.) Building (Lot) Coverage: 11% (1,592 sq. ft.) 40% (5,578 sq. ft.) (Max.) Parking: N/A (non-conforming) 2 spaces (Min. Required) Setbacks:

Front (south): 21 ½ feet 20 feet
Interior Side (east): 29 ½ feet 5 feet or ½ the wall height Street Side (west): 13 ¼ feet 12 feet
Rear (north): 103 feet 5 feet or ½ the wall height

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Attachment: HPB Staff Report, dated 9-22-2021 (PLN-2021-70 ~ 705 El Patio Drive.) Staff Report – Historic Preservation Board Meeting of September 22, 2021 Page 2 of 5 PLN-2021-160 ~ 705 El Patio Dr.

PROJECT DESCRIPTION
Project Site: The project site is located at the easterly terminus of El Patio Drive , east of Poplar Avenue. The property is bordered by single -family residences to the east and townhomes to the north, as shown on the aerial map, below:

The property is developed with a single-family residence, recognized as a Structure of Merit constructed in the late 1930's in the Spanish Colonial Revival Style (reference Attachment 2 – Site Photographs). According to the City's DPR (Department of Parks and Recreation) form, this home was one of several constructed in this architectural style built within the Rancho del Patio subdivision during the 1930's under the supervision of B.J. Smith (reference Attachment 3). The existing residence is slightly over 1,000 square-feet incorporating two bedrooms, a kitchen, living room, and small dining area.

Background: The property was added to the Historic Resource Inventory (HRI), along with 649 El Patio and 58 S. Third Street, by the City Council at its meeting of May 1, 2012. The property's designation occurred after extensive public outreach and review by both the Historic Preservation Board and the Planning Commission as noted in the City Council staff report (reference Attachment 4). In including the property on the HRI, the Council found that it possessed "significant aesthetic, architectural, cultural, or engineering interest or value of an historical nature". As noted by the DPR form, the property exemplifies Spanish Colonial Revival Style through incorporation of character-defining features, including a flat-roof, cross-gabled roofs with Spanish tile roofing, steel casement windows, and stucco-covered chimneys with brick reveal.

Proposal: The application for a Tier 1 Historic Resource Alteration Permit would permit construction of 523 square-foot addition to the structure. The addition would allow for an expanded living area, an additional bedroom, and expanded master bedroom. As shown the submitted project plans, the proposed addition would be located to the rear of the structure ( reference Attachment 5).

ANALYSIS
Environmental Determination: Construction of an addition to an existing single-family residence is considered Categorically Exempt Section 15301, Class 1, of the California Environmental Quality Act (CEQA) . Further, projects involving the maintenance, rehabilitation, restoration,

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Attachment: HPB Staff Report, dated 9-22-2021 (PLN-2021-70 ~ 705 El Patio Drive.) Staff Report – Historic Preservation Board Meeting of September 22, 2021 Page 3 of 5 PLN-2021-160 ~ 705 El Patio Dr.
preservation, or reconstruction of historical resources are also Categorically Exempt under Section 15331, Class 31 if the project is found consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties . Lastly, there are no unusual circumstances, as defined by Section 15300.2 of the CEQA Guidelines , that would prevent the project from qualifying as Categorically Exempt.

Administrative Procedure: Pursuant to Campbell Municipal Code Section 21.33.070.B, a proposed exterior alteration or material change to a Structure of Merit may be considered through either an "expedited" building permit review or referred to the Historic Preservation Board for review of a Tier 1 Historic Resource Alteration Permit. Referral to the Board is warranted when a proposal may alter the "character-defining features" of the structure. The Community Development Director has determined that a substantial addition, such as the 523 square foot addition proposed by this application, warrants a referral to the Board. The Board’s recommendation to approve or deny the Tier 1 Historic Resource Alteration Permit applies to staff's review of a Zoning Clearance necessary to formally authorize to deny the proposed work.

Findings for Approval: In order to recommend approval of the Tier 1 Historic Resource Alteration Permit, the Board must affirmatively determine the project meets findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval necessary to meet the findings. The following identifies each of the applicable findings in italics followed by staff's analysis of the consistency of the proposed project.

Please note that an Historic Evaluation Report was not required for this project since staff believed that the findings for approval could be affirmatively determined without one. However, the Historic Preservation Ordinance (CMC Sec. 21.33.070.A.2.) does allow the City to require such a report if the Board believes that additional review is warranted to support a recommendation.

1. The proposed action is consistent with the purposes of this chapter and the applicable requirements of the Municipal Code;
The project site is located in the R -1-6 (Single-family Residential) Zoning District. As indicated under 'Project Data', the proposed addition conforms to applicable development standards specified by the Zoning Code. Although the property does not have any on- site parking, expansion of a single -family residence does not require construction of a garage or carport.

2. The proposed action is consistent with the applicable design guidelines, including, but not limited to, the Historic Design Guidelines for Residential Buildings; The Design Guidelines indicate that additions "should respect the significant character - defining features that are found in the building’s architectural style" and "maintain a compatible relationship with the rest of the home in size, scale, use of materials , craftsmanship, and overall visual appearance." The proposed addition satisf ies these requirements by incorporat ing building forms, feature s, and materials comparable to the existing residence. Specifically, the use of a flat roof extends a fundamental component of the Spanish Colonial Revival Style to the addition. New materials, including a painted wood door and new metal windows with black anodized frames and grids would also maintain design consistency with the home's architectural style.

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Attachment: HPB Staff Report, dated 9-22-2021 (PLN-2021-70 ~ 705 El Patio Drive.) Staff Report – Historic Preservation Board Meeting of September 22, 2021 Page 4 of 5 PLN-2021-160 ~ 705 El Patio Dr.

3. The proposed action will not have a significant impact on the aesthetic, architectural, cultural, or engineering interest or historical value of the historic resource or district; and The design and placement of the proposed addition has been carefully planned so as to maintain the historic integrity of the resource, which is accomplished my avoiding alteration to the front façade.

4. The proposed action is consistent with the Secretary of the Interior's Standards, as follows:
a. The proposed action will preserve and retain the historic character of the historic resource and will be compatible with the existing historic features, size, massing, scale and proportion, and materials.

The proposed addition incorporates a flat roof consistent with the design expression of the Spanish Colonial Revival Style. Although the addition would be slightly taller than the existing structure, as discussed below, it is still a single -story addition and the difference in height is not of a degree that would re nder the addition incompatible in terms size, scale, massing, or proportion.
b. The proposed action will, to the greatest extent possible, avoid removal or significant alteration of distinctive materials, features, finishes, and spatial relati onships that characterize the historic resource.

Other that the walls affected by the addition, the proposed project would not result in the removal of integral features of the historic resource. c. Deteriorated historic features will be repaired rather than replaced to the greatest extent possible.

There are no deteriorated features that would be modified by the proposed project. d. New additions will be differentiated from the historic resource and will be constructed such that the essential form and integrit y of the historic resource shall be protected if the addition is removed in the future.

The proposed addition would be differentiated from the existing residence through an increase building height that would clearly differentiate the new area from the existing residence such that there would no question as to what constitutes the original house .

This approach maintains essential form and integrity of the historic resource while allowing the home to utilize a consistent material (stucco) across the entiret y of the structure. The Board recently recommended approval of an addition to a home on Alice Avenue using this similar approach.

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Attachment: HPB Staff Report, dated 9-22-2021 (PLN-2021-70 ~ 705 El Patio Drive.) Staff Report – Historic Preservation Board Meeting of September 22, 2021 Page 5 of 5 PLN-2021-160 ~ 705 El Patio Dr.

Public Comment: No public comment was received on this application.

Attachments:

1. Draft Resolution

2. Site Photographs

3. DPR Form

4. City Council Staff Report, dated May 2, 2012

5. Project Plans

Prepared by:

Daniel Fama, Senior Planner

Approved by:

Rob Eastwood, Community Development Director

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Attachment: HPB Staff Report, dated 9-22-2021 (PLN-2021-70 ~ 705 El Patio Drive.) Historic Preservation Board Minutes for September 22, 2021 (Regular Meeting) P age 2 ***

PUBLIC HEARINGS

2. 705 El Patio Dr. – Tier 1 Historic Resource Alteration Permit (Resolution/Roll Call Vote)
Public Hearing to consider the application of Nicholas Key for a Tier 1 Historic Resource Alteration Permit (PLN -2021-160) to allow the construction of an approximately 525 square-foot rear addition to a Structure of Merit located at 705 El Patio Drive in the R -1-6 (Single- family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA.

Project Planner: Daniel Fama, Senior Planner
Planner Daniel Fama provided the staff report as follows:
• Reported that the application/owner of 705 El Patio Drive re-stuccoes this structure, work that would have required a permit. There were other alterations done. • Advised that staff has consulted with Mark Sandoval and spoke with the applicant. • Said that a quote has been received for the evaluation to be done by Mr. Sandoval and Mr. Key will provide a deposit to cover the expense of that review and report. • Added that staff will be working with Mr. Key on what the next steps will be. • Suggested that Chair Foulkes open the public hearing and allow anyone to speak to this item.
• Advised that the project architect, Mr. Nelson, is here.

C
hair Foulkes opened the Public Hearing for Agenda Item No. 2.

C
hair Foulkes closed the Public Hearing for Agenda Item No. 2.

V
ice Chair Walter said that this applicant had been asked to use materials that are different in order to differentiate the original house from the addition. This is too much alike.

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Attachment: HPB Minutes, dated 09-22-2021 (PLN-2021-70 ~ 705 El Patio Drive.) Historic Preservation Board Minutes for September 22, 2021 (Regular Meeting) P age 3 Planner Daniel Fama suggested that discussion be tabled for when this matter is brought back to the Board. He added that it is the Board’s purview to conclude on that requirement to differentiate the materials.

C
hair Foulkes:
• Said that the Board will have to see how we see this lack of differentiation. We have seen enough examples to this point.
• Pointed out that different cities do it (differing materials between original and additions) in different ways.
• Added that it is on a project -by-project basis now. The Board will share its views on what’s best and what’s discretionary.

P
lanner Daniel Fama suggested the scheduling of a study session to discuss.

M
otion: Upon motion of Member Blake, seconded by Member Moore the Historic Preservation Board CONTINUED TO A DATE UNCERTAIN the consideration of a Tier -1 Historic Resource Alteration Permit (PLN - 2021-160) to allow the construction of an approximately 525 square - foot rear addition to a Structure of Merit located at 705 El Patio Drive, by the following roll call vote:

AYES: Blake, Foulkes, Moore, and Walter
NOES: None
ABSENT: None
ABSTAIN: None

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Attachment: HPB Minutes, dated 09-22-2021 (PLN-2021-70 ~ 705 El Patio Drive.)

705 EL PATIO DRIVE

CAMPBELL, CA

REVIEW OF NON-PERMITTED
FAÇADE ALTERATIONS
Prepared For:

CITY CAMPBELL PLANNING DIVISION
70 N. First Street
Campbell, CA 95008

Revised Draft Date: 11/5/21

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Packet Pg. 195
Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) 705 EL PATIO DRIVE
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date 11/5/21
Page: 1
REVIEW OF NON-PERMITED FAÇADE ALTERANTIONS

SUMMARY OF PROJECT

The owner of the property located at 705 El Patio Drive is seeking to renovate their existing single-story 1,055.4-square-foot home and add a 529.5-square-foot addition to it. The home is listed on the City of Campbell Landmarks, Historic Districts, and Structures of Merit (2021HRI) as part of the El Patio California Mission Revival District. During the initial review of this project, it became apparent that significant alterations to the front of the home had been performed without securing a building permit. These changes to the façade of the original home greatly changed the appearance of the home as viewed in an earlier photograph prepared for the 1977–78 Historic Resource Survey DPR523A Form by Leslie A.G. Dill Architect.

As a consequence, the City of Campbell Planning Department asked me to make a recommendation based on answering the following questions:

1. Would it be feasible to reconstruct the original historic appearance of the home by removing all traces of the non-permitted façade work?

2. If it were possible to return the front of the home to its original appearance, would this, along with the proposed new room addition to the rear of the home and other alterations as illustrated in the drawings prepared by Detail Ink dated August 4, 2021 (consisting of 6 pages), still leave this historic resource eligible to remain on the City of Campbell’s Historic Resource Inventory?

To answer the above questions, one must determine if this home at 705 El Patio Drive merits being listed on the Historic Resource Inventory, assuming the past non-permitted alterations had not been performed and enough historic homes remained along El Patio Drive to qualify as a potential historic district that this property had once been associated with.

HISTORY OF RANCHO DEL PATIO TRACT NO. 2

In 1882, Francis Marion Righter purchased 10 ½ acres that extended east of the railroad tracks to the Los Gatos Creek. Righter built a house and planted an apricot orchard. The original Righter house was destroyed by fire in 1896 and replaced with the present house at 599 El Patio Drive, a city landmark built by George Whitney.

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Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) 705 EL PATIO DRIVE
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date 11/5/21
Page: 2
REVIEW OF NON-PERMITTED FAÇADE ALTERATIONS
F. M. Righter died on April 19, 1929. The following year, on April 9, 1930, the San Jose Evening News reported that building contractor Bert J. Smith of San Jose had purchased the Righter property. Smith subdivided the 10 ½ acres into 19 house lots and recorded the Rancho Del Patio Tract No. 2 on February 17, 1931 (Santa Clara County Recorded Maps [SCC] Book Y Page 26). The Righter house sits on the two-acre Lot 19. Most of the remaining lots were about one-third of an acre. The San Jose Mercury on May 17, 1931, reported that B. J. Smith had “opened a new subdivision on the Righter tract, adjoining the Ainslee cannery, where five homes are under way.” The houses were built in a Mission Revival style.

The location of the first six houses of the Rancho Del Patio tract, all built in 1931, are documented in completion notices published in the San Jose newspapers and in the Building and Engineering News of San Francisco:

Lot Current Address Date Owner Source
2 598 El Patio Drive February 13, 1932 Z Hodges SJ News, 2/27/1932
3 616 El Patio Drive October 28, 1931 Walter W Sides BEN, 11/7/1931 11* 677 El Patio Drive

December 11, 1931 B F Harrison BEN, 12/26/1931
13 705 El Patio Drive December 18, 1931 Raymond R.

Allison
BEN, 12/26/1931
16 661 El Patio Drive December 7, 1931 Lloyd W. Hitchman BEN, 12/12/1931

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Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) 705 EL PATIO DRIVE
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date 11/5/21
Page: 3
REVIEW OF NON-PERMITED FAÇADE ALTERANTIONS
17 649 El Patio Drive December 7, 1931 John P Morley BEN, 12/12/1931

*The Lot 11 number could be a typographical error. More likely the house was on Lot 15, now 677 El Patio Drive.

These six houses, plus the Righter House and the house at 197 Poplar Avenue (built on portions of lots 6 and 7), were the only houses enumerated on El Patio Drive in the 1940 census. The Ainsley cannery land to the south of El Patio Drive was subdivided into house lots in 1945 (SCC Recorded Maps Book 7 Page 54). Portions of Lot 8 were repurposed as Poplar Avenue to connect the new subdivision to El Patio Drive. Reverse street address listings in the 1968 San Jose suburban city directory and an aerial photo taken on May 9, 1968, show that only 12 houses had been built in the subdivision by 1968:

The vacant land to the north of the Rancho Del Patio subdivision was developed as the Pruneyards Villas condominium complex in 1979 (SCC Recorded Maps Book 417 Page 36). As housing density increased in the surrounding neighborhoods, the large lots of the Rancho Del Patio tract were resubdivided between 1980 and 2015, as shown on the County Surveyor Record Index (sccplanning.maps.arcgis.com). Recorded tract maps are labeled in pink text:

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Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) 705 EL PATIO DRIVE
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date 11/5/21
Page: 4
REVIEW OF NON-PERMITTED FAÇADE ALTERATIONS

The six original Mission Revival bungalows of Rancho del Patio now make up a small fraction of the 29 single-family residences on El Patio Drive and on the two streets converted from original subdivision lots, El Patio Court and Poplar Avenue. Of those original bungalows, 598, 661 and 677 El Patio were either demolished or so extensively remodeled that their integrity has been completely lost.

The houses at 616, 649, and 705 El Patio still retain some integrity, but all have been altered to a greater or lesser extent.

The housing stock along El Patio Drive does not represent one historic time period or style; instead, it is a collection of houses built between 1890s and the 2010s. The three remaining Mission Revival houses built by Bert J. Smith in 1931 represent only a dim reminder of the intention of the builder to create a subdivision of houses in a Spanish-influenced style appropriate for the Rancho Del Patio name. The El Patio Drive does not meet the Criteria A/1 standards to qualify as a potential historic district. The individual houses now on the city’s historic resource inventory, 616, 649, and 705 El Patio Drive should be evaluated on their own merits as representative examples of Mission Revival architecture with sufficient integrity to their 1931 date of construction.

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Packet Pg. 199
Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) 705 EL PATIO DRIVE
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date 11/5/21
Page: 5
REVIEW OF NON-PERMITED FAÇADE ALTERANTIONS

THE SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES

The Secretary of the Interior's Standards for the Treatment of Historic Properties are common sense historic preservation principles in non-technical language. They promote historic preservation best practices that will help to protect our nation’s irreplaceable cultural resource These Standards offer a series of concepts about maintaining, repairing, and replacing historic materials, as well as designing new additions and making alterations. The Guidelines, on the other hand, offer general design and technical recommendations to assist in applying the Standards to a specific property. Together, they provide a framework and guidance for decision-making about alterations and/or changes that are to be made to historic properties. As noted in these Standards, reconstruction of a historical resource is a permitted means and tool used in historic preservation. Reconstruction is defined as, “the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. ʺ

When reconstruction is used as a justifiable treatment and a means to preserve—by recreating missing components or features on a historical building, when no other property with the same associative value in an historic district has survived, and when there is sufficient historical documentation available to ensure an accurate reproduction or depiction of that missing component or feature, then reconstruction may be considered as a preservation treatment.

STANDARDS FOR RECONSTRUCTION

These Standards will be applied when taking into consideration the economic and technical feasibility of each project.

1. A property will be used as it was historically or be given a new use that interprets the property and its restoration period.

2. Materials and features from the restoration period will be retained and preserved. The removal of materials or alteration of features, spaces and spatial relationships that characterize the period will not be undertaken.

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Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) 705 EL PATIO DRIVE
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date 11/5/21
Page: 6
REVIEW OF NON-PERMITTED FAÇADE ALTERATIONS

3. Each property will be recognized as a physical record of its time, place and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.

6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.

8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

10. Designs that were never executed historically will not be constructed.

DESCRIPTION OF NON-PERMITTED ALTERATIONS

The home at 705 El Patio Drive is designed in the Mission Revival Style that was extremely popular in the 1930s. It is a small one-story building and is clad in textured stucco with a flat-topped parapet roof along the sides and a cross-gabled roof with a Spanish tile roof at

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Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) 705 EL PATIO DRIVE
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date 11/5/21
Page: 7
REVIEW OF NON-PERMITED FAÇADE ALTERANTIONS
the front of the building. The entrance to the home is accessed from the driveway by a straight brick-paved narrow walk that terminates at a half-circular tile-and-brick entrance landing with steps that is placed beneath a recessed shallow arch entryway. At either side of the door, decorative wrought iron wall-mounted light fixtures are placed. To the right of the recessed doorway, a new rectangular divided lite mulled window is placed flush with the outside front wall of the building—replacing the original recessed putty glazed steel tripartite window (fixed center panel with casements attached on either side) as seen in the earlier photograph of the home. To the left of this entrance, the original clad fireplace chimney with the Moorish-influenced double-arched brick chimney cap stands. The original hand-tooled heavy-textured stucco surface finish appears to have been removed in favor of a lighter troweled texture finish that seems to have been applied over the entire exterior of the home as part of the owner’s non-permitted remodel.

Beyond this feature, the façade wall continues a short distance until it terminates at the east corner edge of the building. Positioned in the center of this wall is a new divided lite single-hung rectangular window that has been substituted for the original putty glazed steel casement window that once occupied this opening.

In comparing the earlier photograph of the home that appears on the DPR Form with what is viewed from the street today, it appears as if they are two completely different structures. Gone are the original three box-formed columns that once dominated the front gabled wall of the home, in addition to the deeply recessed feature casement window next to the entryway to the home. These character-defining features were unique and were not found on any of the other six homes constructed on El Patio at the time. In addition, it appears the property owner may have also added the stucco walls with gate openings, which separate the rear and side yards of the property from the street, along with the tile-faced and brick half-circular main entrance landing and the brick-paved walkway, as part of the same remodel.

RECOMMENDATION

The reconstruction of the primary street façade of the home located at 705 El Patio Drive certainly can be achieved; however, to do so successfully will require both the financial resources and the unconditional dedication to properly execute this work in accordance with the Secretary of the Interior’s Standards. Regardless of these efforts, it is my opinion that such measures will probably not add any additional historic value to this property, especially in light of the extensive past non-permitted building alterations to the exterior of this home and the new room addition currently proposed by the property owner. As a consequence of these collective building modifications to this small home the original historic integrity of the home has been significantly diminished. The National Register criteria recognize seven aspects to integrity: location, design, setting, materials, workmanship, feeling, and association. To retain

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Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) 705 EL PATIO DRIVE
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date 11/5/21
Page: 8
REVIEW OF NON-PERMITTED FAÇADE ALTERATIONS
historic integrity, a property must always possess most of the above aspects including its association with a residential neighborhood or historic district. If the property has lost this integrity, it can no longer convey the reason for its historic significance. Therefore it is my opinion that the city should consider removing the property at 705 El Patio Drive from the City of Campbell’s Historic Resource Inventory.

QUALIFICATIONS

MARK SANDOVAL, AIA, meets the professional qualification requirement for both Architect and Historic Architect used by the National Park Service and as published in the Code of Federal Regulations, 36 CFR Part 61; has been licensed to practice in the State of California since 1993; and is registered as Public Works Contractor with State of California Department of Public Relations. He is a Professional Member of the American Institute of Architects and has served as a past member of the Board of Directors for the Santa Clara Chapter of the American Institute of Architects. Mark has served on the Planning Commission for the City of Larkspur, the Historic Preservation Board for the City of Campbell, and the Historical Commission for the City of Los Altos. He has also had the privilege to lecture before a number of undergraduate classes offered by the Urban Studies Program Department at Stanford University as a guest speaker.

Mr. Sandoval also has extensive experience in repurposing historical buildings and utilizes the Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State of California’s Historic Building Code, and the California Environmental Quality Act (CEQA) in the performance of all historic preservation-related projects. Clients include the City of Los Altos, City of Belvedere, City of Capitola, City of Campbell, City of Mountain View, and Redevelopment Agency of the City of San José, in addition to private groups and organizations such as the Los Altos Community Foundation, the Los Altos History Museum, the Farrington Foundation, and the Community of Rossmoor at Walnut Creek.

BONNIE MONTGOMERY, is Cultural Resource Historical Consultant and has a M.A., from San Jose State University, Department of History. Specialization in American history. Phi Alpha Theta history honor society and a M.A., University of Maryland at College Park, Department of Hearing and Speech Sciences. Awarded teaching and research assistantships. Certified and licensed as a speech- language pathologist, 1990–1994. She also has a B.A., Bucknell University, Lewisburg, PA, Department of Modern Languages, Literature, and Linguistics. Major in linguistics, concentrated studies in French and Japanese. Graduated summa cum laude, Phi Beta Kappa.

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Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) 705 EL PATIO DRIVE
Campbell, CA

M. SANDOVAL ARCHITECTS, INC.

Date 11/5/21
Page: 9
REVIEW OF NON-PERMITED FAÇADE ALTERANTIONS
Bonnie has extensive experience in researching and writing historical context statements and property histories and in preparing DPR523 forms and assist in preparing HABS documentation and National Register applications. She has also been responsible for preparing city historical landmark nominations and Mills Act applications.

REFERENCES
The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Washington, D.C.: U.S.

Department of the Interior, National Park Service, Preservation Assistance Division, rev. 1990.

The Secretary of the Interior’s Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings. (Authors: W.

Brown Morton, III, Gary L. Hume, Kay D. Weeks, and H. Ward Jandl. Project Directors: Anne E. Grimmer and Kay D. Weeks.) Washington, D.C.: U.S. Department of the Interior, National Park Service, Preservation Assistance Division, 1992. Online at www.nps.gov/tps/.

Preservation Brief 14, New Exterior Additions to Historic Buildings: Preservation Concerns. (Authors: Anne E. Grimmer and Kay D.

Weeks) Washington, D.C.: U.S. Department of the Interior, National Park Service, Preservation Assistance Division, 1992. Online at www.nps.gov/tps/how-to-preserve/briefs/14-exterior-additions.

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Attachment: Mark Sandoval Report (PLN-2021-70 ~ 705 El Patio Drive.) Project
Location 705 El Patio
Job Desc Historic Architectural Replacement
Date 2/14/2022 Pg of
Qty Item/Description Matr'l Labor Sub-Con Final
200 yds Remove and replace stucco 12000 12000
same amount to remodel existing stucco 0
Re-Frame columns 400 600 1000
Window treatments and embelishments 300 300 600
4 Steel putty-base or Wood sidelite windows 2500 600 3100 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Construction Total 3200 1500 12000 16700
Drawings, Specefications, Copies 100
Engineering
Drafting 1000
Pln'g- Plan Check, Permit Fees 500
Bldg- Plan Check, Permit Fees 1500
Utility Fees (Water/Elect) By Owner
Trash & Debris Removal 1200
Portable Restroom 300
Fencing and Gates 0
Inspections 200
Total Site Development 4800
Overhead, Mngm,nt, Insurance 12% 2004
Builder's Profit 8% 1336
Total Materials, Labor, Mngm'nt, Site Dev, O&P 24840

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Attachment: Cost Estimates (PLN-2021-70 ~ 705 El Patio Drive.) 1 Daniel Fama
From: M. Sandoval Architects, Inc. <[email protected]> Sent: Saturday, February 19, 2022 8:46 AM
To: Daniel Fama
Subject: Re: 705 El Patio Follow-up
Attachments: image001.png
Hi Daniel,
I'm guessing the total would be something in the nature of $28,250. This sum would include the following:

Full architectural and engineering design and consulting services including estimated expenses in the amount of approximately $24,750; and
Preparing a new historic evaluation for the property including the updating of the current DPR forms in the amount of $3,500.

The above budget numbers are rough, and would not included any design work or construction support services for the owner's new proposed room addition, only as the new construction work may relate to its interfacing with the historical aspects of the existing building's character defining features and surfaces.

I hope the above estimate is helpful to you.

Warm regards,
M
ark Sandoval, AIA

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Attachment: Cost Estimates (PLN-2021-70 ~ 705 El Patio Drive.)

Requirements
(Excerpt from Appendix G, Certified Local Government Application and Procedures, August 1999, pp 41-47.)
Local governments may be certified to participate in the CLG program by complying with
the following requirements:

I Enforce appropriate state or local legislation for the designation and protection of historic properties:

A. State enabling legislation provides for local jurisdictions to enact appropriate historic
preservation legislation. California Government Code Sections 65850, 25373, and 37361 enable city and county legislative bodies to provide for “the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a special character or special historical or aesthetic interest or value.” B. Local governments must adopt local historic preservation ordinances with provisions
to enforce the designation and protection of historic and archeological resources.

C. The local legislation shall be consistent with the intent and purpose of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470).

D. The CLG will adopt a historic preservation plan or a historic preservation element
for the local jurisdiction's General Plan, as authorized by the California Government Code, prior to or upon applying for a CLG grant.

E. The CLG commission will participate in the environmental review of specific federally
sponsored projects, such as community development programs involving HUD Block Grant funds unless it is determined by OHP that the necessary expertise is not available to the local government. The CLG will establish programmatic agreements with the state agreeing to ensure compliance with Section 106 provisions of the NHPA.

F. The CLG commission will participate in the environment review of local projects
in accordance with the requirements under the California Environmental Quality Act (CEQA). The commission may review and comment on permit actions affecting significant listed historic properties and other resources eligible for listing, in accordance with local ordinance requirements and with CEQA. Procedural guidelines should include standards for demolition stays, design review criteria, anti-neglect requirements, and appeal strategies.

II Establish an adequate and qualified historic preservation review commission by local law:

A. The commission shall include a minimum membership of five (5) individuals with
all members having demonstrated interest, competence, or knowledge in historic preservation.

B. At least two (2) Commission members are encouraged to be appointed from among
professionals in the disciplines of history, architecture, architectural

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Attachment: CLG Application and Procedures - Appendix G (PLN-2021-70 ~ 705 El Patio Drive.)

history, planning, pre-historic and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines, such as urban planning, American studies, American civilization, or cultural geography, to the extent that such professionals are available in the community. Commission membership may also include lay members who have demonstrated special interests, competence, experience, or knowledge in historic preservation.

C. A local government may be certified without the minimum number or types of disciplines established in state procedures if it can be demonstrated to the satisfaction of the state that it has made a reasonable effort to fill those positions, or that some alternative composition of the commission best meets the needs of the protection of historic properties in the local community.

D. Commission members shall be appointed by the chief elected local official, city council, or board of supervisors consistent with the provisions of the preservation ordinance. The appointing authority shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the commission. The appointing authority shall also act within sixty (60) days to fill a vacancy. Terms of office of the commission members shall be according to the local preservation ordinance.

E. The commission shall meet at least four times a year, with meetings held in a public place, advertised in advance, and open to the public, pursuant to the Ralph M. Brown Act (G.C. Secti on 54950 et seq.) for open meetings.

Written minutes of commission meetings shall be kept on file, available for public inspection, and submitted to the state as a part of the CLG Annual Report.

F. Each commission member is required to attend at least one informational or educational meeting, seminar, workshop, or conference per year that pertains directly to the work and functions of the commission and would be approvable by the state. The CLG Regional Workshops sponsored by the OHP are important sources of information. The annual State Historic Preservation Conference generally provides special sessions devoted to the issues, objectives, and responsibilities of commissions. Commissions may also bring in professionals to provide training on site.

G. An annual report of the activities of the commission shall be submitted to the state at the end of each calendar year. The reports shall include, but not be limited to, such information as narrative summary of accomplishments, summaries of new and corrected survey activities, number of properties designated under local ordinance in relation to inventory for community, summaries of National Register applications reviewed, summaries of historical contexts prepared, number of federal tax certifications reviewed, number of properties on which design review was held, number of properties on which environmental project reviews were conducted, property owners of Mills Act contracts approved, summarization of local preservation activities, list of local landmark designations, description of public education activities, lists of commission members and resumes, list of staff and resumes, detailed listing of commission and staff training received, commission attendance 2 11.i
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Attachment: CLG Application and Procedures - Appendix G (PLN-2021-70 ~ 705 El Patio Drive.)

records, summary of changes in preservation laws, summary of adoption or updates of historic preservation plan or historic preservation element of your community's General Plan, commission meeting minutes and agendas, and other pertinent activities performed by the commission.

III Maintain a system for the survey and inventory of historic properties:

The CLG shall be responsible for organizing, developing, and administering an inventory of cultural resources within the entire spatial jurisdiction of the CLG.

A. The commission shall develop procedures for conducting an inventory of culture resources. Survey activi ties shall be coordinated with and complementary to the state program to ensure that survey results produced by the CLG will be readily
integrated into the statewide comprehensive
historic preservation planning process.

1. The CLG shall be responsible for overseeing the compiling, recording, and updating of inventory information on cultural resources within its jurisdiction. The information shall be based on comprehensive surveys conducted in conformance with state survey standards and procedures.

Surveys completed prior to the certification of a local government may be re-evaluated in accordance with state standards and may be submitted for inclusion in the State database.

2. As part of any ongoing survey effort, procedural requirements must allow for periodic update of survey results as buildings gain maturity and as new areas are incorporated or annexed by the CLG.

3. The commission must adopt state guidelines for conducting its inventory of historic properties. State-approved inventory forms (DPR-523, A-L) and the OHP's Instructions For Recording Historical Resources shall be used to facilitate integration into the state electronic data system and for statewide comprehensive historic preservation planning purposes. Dimitri software is available for the DPR 523 forms.

4. Standards for the evaluation of properties must be consistent with the National Register of Historic Places criteria.

A. The commission shall establish internal procedures to facilitate the use of survey results in the planning process by the CLG officials and departments.

The commission shall submit survey results to the local government for adoption, then forward to OHP. Copies of the survey should be on deposit at the local planning department, building and safety office, public works department, and redevelopment agency. Li braries, colleges, and historical societies should also receive copies. OHP will make copies available for the appropriate “California Historical Resources Information System” regional center. See IV(A)(2) below for public access requirements.

IV Provide for adequate public participation in the local historic preservation program:

A The CLG shall provide opportunities for public participation in all responsibilities delegated to the CLG, in accordance with appropriate regulations, standards, and guidelines.
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Attachment: CLG Application and Procedures - Appendix G (PLN-2021-70 ~ 705 El Patio Drive.)

1. Public participation shall be fully encouraged at local commission meetings. Commission meetings shall be open to the public, with published agenda and minutes in accordance with the Ralph M. Brown Act (G.C. Section 54950 et seq. ) for open meetings. The published agenda shall be mailed in advance of meetings to individuals and citizen organizations interested in the commission’s activities.

2. Public participation shall be fully encouraged in the performance of the historic survey program at all levels of responsibility to identify and inventory significant cultural resources in the jurisdiction of the CLG. The public can serve as volunteers to assist in the survey effort. Survey results shall be of public record and on file at a public institution, except in the case of sensitive resources, e.g., archeological sites subject to vandalism.

3. Public participation shall be fully encouraged in the nomination process for the National Register of Historic Places program. The CLG shall invite comments from the general public regarding National Register nominations.

4. Public participation shall be fully encouraged in all public hearings on projects related to CEQA and Section 106 processes.

V Satisfactorily perform the responsibilities delegated to the CLG:

A. The CLG shall prepare a comprehensive loca
l historic preservation plan
which would identify preservation missions, goals, and priorities. The plan would also establish preservation strategies, programs, and time schedules.

B. The CLG will participate in the review and comment on historic preservation certification applications for tax incentives. The CLG and state may establish procedures for implementation of the investment tax credit program at the local level in conformance with the Secretary of the Interior's Standards for Historic Preservation.

C. Each CLG must have a local historic preservation plan prior to or upon becoming a CLG before any additional grant applications will be considered.

The state shall monitor and evaluate the performance of the CLG for consistency with the identification, evaluation, and preservation priorities of the comprehensive state historic preservation planning process.

1. Annual Review of CLGs:

The State shall conduct an annual review of CLGs to assure that each government continues to meet the minimal requirements and is satisfactorily performing its responsibilities. As part of this review, the state shall examine the annual reports submitted by the CLGs, records of the administration of funds allocated from the HPF, and other documents as necessary. The CLG shall make thes e records available to the state.

A more thorough review and site visit to the Certified Local Government will occur at least once every three (3) years.

2. Procedures for Decertification:

If the state evaluation indicates that the CLG no longer meets the minimal requirements or that in any other way a CLG's performance is not 4 11.i
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Attachment: CLG Application and Procedures - Appendix G (PLN-2021-70 ~ 705 El Patio Drive.)

satisfactory, the state shall document that assessment and recommend to the local government steps to bring its performance up to a satisfactory level. The CLG shall have a period of not less than 30 nor more than 180 days to implement improvements; If the state determines that sufficient improvement has not occurred, the state shall decertify the local government, citing specific reasons for the decertification. Performance shall be deemed unsatisfactory if one or more of the following conditions exist or is applicable: a) the commission fails to perform its delegated responsibilities within established time periods; b) the CLG fails to coordinate its responsibilities with the state; c) the commission substantially fails to maintain consistency of its design review decisions with the Secretary's Standards for Historic Preservation; d) the CLG fails to maintain a qualified historic preservation review commission membership; e) the CLG fails to enforce the provisions of the local preservation ordinance; f) the CLG fails to enforce its CEQA and Section 106 responsibilities; g) the CLG fails to adequately survey historical resources in its jurisdiction; and h) the CLG fails to comply adequately with proper fiscal management of HPF grants in accordance with the National Register Programs Guideline, OMB Circular A-128, and 43 CFR 12.

3. Decertification Appeal:

If the state recommends decertification, the local government may appeal to the NPS. The NPS has 45 days to respond to the appeal.

4. Decertification Without Prejudice:

CLGs may petition the OHP to be decertified voluntarily and without prejudice.

5. Financial Assistance Close-out:

The state shall conduct financial assistance close-out procedures pursuant to the National Register Program Guideline when a local government is decertified.

VI The CLG shall assume certain responsibilities for reviewing and recommending properties within its jurisdiction to the National Register of Historic Places.

A. The SHPO shall have the sole responsibility of nominating National Register properties directly to the Secretary of the Interior (Secretary).

B. The CLG shall establish local procedures for the National Register nomination process consistent with the requirements in the NHPA, Section 101(c)(2).

1. Before a property within the jurisdiction of a CLG may be considered by the state to be nominated to the National Register, the state shall notify the owner, the applicable chief elected local official, and the local historic preservation commission. The
commission, after reasonable opportunity
for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within sixty (60) days of notice from the state, the chief elected local official shall transmit the report of the commission and his/her recommendation to the state. After receipt of such repor t and recommendation, or if no such report and recommendation are received within sixty (60) days, the state 5 11.i
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Attachment: CLG Application and Procedures - Appendix G (PLN-2021-70 ~ 705 El Patio Drive.)

shall process the National Register nomination. The state may expedite such process with the concurrence of the CLG.

2. If both the commission and the chief elected local official recommend that a property not be nominated to the National Register, the state shall take no further action, unless within thirty (30) days of the receipt of such recommendation by the state, an appeal is filed with the state. If such an appeal is filed, the state shall follow the procedure for making a nomination pursuant to Section 101(a). Any report and recommendations made under this section shall be included with any nomination submitted by the state to the Secretary.

VII By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG. Local governments may be certified to participate in specific program activities under Programmatic Agreements.

A. The CLG may develop educational programs promoting historic preservation at the local level such as, but not limited to, sponsorship of preservation workshops, publication of preservation information, organizing preservation fairs, conducting walking
tours, preparing preservation curricula for schools,
etc.

B. Commission members may act in an advisory capacity to other officials and departments within the local government and act as a liaison on behalf of the CLG to individuals and organizations concerned with historic preservation issues at the local level.

C. The CLG may participate in the Mills Act program or other economic incentive programs to provide property-tax relief for owners of historic properties.

D. The CLG may participate in the Marks Historical Rehabilitation Act for issuance of tax-exempt industrial development bonds, providing that the commission shall serve as a part of the required citizen advisory board.

E. The CLG may assume certain responsibilities of recommending National Register of Historic Places properties, identified in the CLG jurisdiction, directly to the State Historical Resources Commission.

F. By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG.
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Attachment: CLG Application and Procedures - Appendix G (PLN-2021-70 ~ 705 El Patio Drive.)

NEW BUSINESS

There was no new business.

PUBLIC HEARINGS

3. 705 El Patio Dr. – Tier 1 Historic Resource Alteration Permit Public Hearing to consider the Application (PLN-2021-70) of Nicholas and Andrea Key to rescind the listing of 705 El Patio Drive as a Structure of Merit from the City of Campbell Historic Resource Inv entory (HRI). Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Daniel Fama, Senior Planner

Senior Planner Fama stated that this is a public hearing to consider rescinding the property at 705 El Patio from the Historic Resource Inventory (HRI) list.

Senior Planner Fama stated that Architectural Advisor Mark Sandoval prepared a report that was pr eviously provided recommending the City consider removing the property because it no longer satisfies the criteria for inclusion om the City’s local list or the S tate registry. As noted from the last meeting, staff did need additional time to work with legal counsel. City Attorney, Bill Seligmann provided a revised resolution that would tie the action to recommend the recission from the HRI subject to payment of an in-lieu fee of restoration. The approach was to identify the reasonable cause to restore the building to its previous state, if that would have been an action the city would have desired, the costs come out to a value of $45,000.

Senior Planner Fama stated that the resolution provides the legal bases to ensure that we maintain protections against the HRI properties.

The Staff recommends that the Historic Preservation Board recommend to the City Council that the property be removed from the HRI subject to payment of an in-lieu fee of $45,000.00

Acting Chair Walter asked if there were questions f rom staff before he opens the public hearing.

Senior Planner Fama clarified that the action to remove the property would be contingent on paying the fee and stated that If the Board feels this fee is not appropriate, they do not need to recommend to the c ouncil. This is just a recommendation, and the Planning Commission will propose an independent recommendation as well.

Board member Corteway asked for the opportunity to make a proposal to vote on an alternate version of the solution that is being proposed.

Senior Planner Fama responded that it depends on the scope of the proposed revision.

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Attachment: HPB Minutes, dated 03-23-2022 (PLN-2021-70 ~ 705 El Patio Drive.) Board member Corteway asked what the best way is to rationalize the calculation of the fees and is there legal precedent to create a Z oning Code Amendment when there is a violation that has happened in the past.

City Attorney Seligmann responded to Board member Corteway by stating that he is not aware of this being done in the present context. He stated the law exists. There are state statutes that allow the imposition of in- lieu fees and development impact fees. City Attorney Seligmann clarified that we don’t have to adopt a new rule we just need to confirm it applies to the situation where someone removed a city resource from the HRI and now is essentially asking the city to legalize the action after the fact. Removing the property is a discretion action by the City Council, HPB and Planning Commission. In exercise of the discretion, it is accepted and recognized legal practice that we can condition a permit, and one of the ways to condition a permit is by imposing a fee subject to the existing statutory structure.

Board Member Moore mentioned how long she’s been on the board and stated during her time on the board that there have been plenty of people have said they didn’t want a historic home and The Board let them off the list without violation. Board member Moore stated this fee is not reasonable or fair nor would it encourage preservation work. Board member Moore stated she would like to see the City have a Mills Act available for anyone who’d like to participate in historic preservation.

Acting Chai r Walter asked if Staff has ideas on what other cities charge for similar situations.

Senior Planner Fama responded to Acting Chair Walter that the fee is to disincentivize unpermitted demolition or alteration.

Acting Chair Walter opened the public hearing.

Mr. Key, Owner/Applicant knows he broke the rules and believes this is a learning experience as he was not aware of the laws regarding his house. Mr. Key believes the historic value cannot be re-added. He came to the Board for guidance on moving forward and he stated a reasonable compromise would be to maintain the aesthetics of the home and is more than willing to pay a fee. Mr. Key stated he is concerned that penalties can be imposed without his knowledge and that he would’ve changed the work done to his property had he been aware of such fees being imposed.

Vincent Cortana, Campbell resident , stated that his house was deemed Historic at the same time as Mr. Key’s house and the City never disclosed that they could potentially be fined for improving their house. Mr. Cortana stated that if he knew he would have asked the city to not put his house on the HRI list. Mr. Cortana mentioned t hat the work Mr.

Key’s did to the house improved the neighborhood and thinks it is ridiculous for Mr. Key’s to be fined for the work he’s done.

Tim O’Connell, Campbell resident, stated support of Mr. Keys, that the work done to the

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Attachment: HPB Minutes, dated 03-23-2022 (PLN-2021-70 ~ 705 El Patio Drive.) property has improved the neighborhood.

T
ammy S., Campbell Resident, mentioned that they are shocked at the fees proposed on the Key’s. The Key’s home draws attention in a positive way and the home at 705 El Patio was a reason they almost did not purchase in the neighborhood. The improvements made by the Key Family, absolutely gave the neighborhood value.

A
cting Chair Walter closed the public hearing
B
oard Member Corteway recommended charging a lower amount. Believes that there something in place to disincentivize property owners in the future from taking unpermitted actions.

T
he Board discussed the proposed in-lieu fee amount.

M
otion: Upon motion of Member Moore, seconded by Member Corteway, the Historic Preservation Board adopts resolution 2022-03,
recommending that the City rescind the designation of 705 El Patio as a structure of merit from The City of Campbell’s Historic Resource inventory subject to an in-lieu fee of property restoration of $5000.00, by the following roll call vote:

AYES: Blake, Corteway, Walter, Moore
NOES: None
ABSENT:

Chair Foulkes
None

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11.k
Packet Pg. 216
Attachment: PC Minutes, dated 05-10-2022 (PLN-2021-70 ~ 705 El Patio Drive.) /0/1/2/3/4/5/6/6/i255/8/6/1/9/9/10/9/11/i255/0/12/2/2/10/13/13/10/12/9/i255/14/5/5/15/10/9/11/i255/14/10/9/16/15/5/13/i255/17/i255/14/1/18/i255/19/20/21/i255/22/20/22/22/i255/8 /1/11/5/i255/23/i255 /i255
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Attachment: PC Minutes, dated 05-10-2022 (PLN-2021-70 ~ 705 El Patio Drive.)

City
Council
Report

TITLE: Approval of MOU's and Unrepresented Agreements and Salary Schedules (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt the attached re solutions to: (1) ratify successor Memorandums of Understanding (MOU’s), and respective Salary Schedules, effective July 1, 2022, between the City of Campbell and the Campbell Police Civilian Employees Association (CPCEA), between the City of Campbell and the Northern California Carpenters Regional Council (CARP), and between the City of Campbell and the Campbell Municipal Employees Association (CMEA); and (2) revise the current City Council Resolutions impacting unrepresented Confidential Employees, Classi fied Management Employees, and Unclassified Management Employees.

BACKGROUND
The City Council retains sole authority to enter into a Memorandum of Understanding (MOU) with recognized collective bargaining units. Memorandum of understanding (MOU) negotiati ons are governed by the Meyer -Milias-Brown Act (MMBA), found at Government Code Section 3500, et. seq. The MMBA requires local agencies to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representativ es of recognized collective bargaining units. The MMBA further requires that the City fully consider proposals made by collective bargaining units’ representatives before determining policy or course of action.

On April 19, 2022, the City Council held it s initial closed session to give authority and direction to the City’s chief negotiation team. The negotiation team received direction to negotiate a successor MOU with CPCEA, CARP, and CMEA with the goals of recognizing employees’ commitment and dedicatio n to the City and providing compensation increases that were sustainable and ensured the City remained competitive in the areas of retention and recruitment. All parties worked towards accomplishing these goals and reached a tentative agreement on August 2, 2022.

As negotiations neared tentative agreements, the City Manager also reviewed the salaries and benefits of employees in the following unrepresented groups: Confidential Employees, Classified Management Employees, and Unclassified Management Employees. Following his review, the City Manager determined that it was appropriate to recommend salary increases and benefits for those classifications as well.

Item: 12
Category: NEW BUSINESS
Meeting Date: August 16, 2022
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DISCUSSION
The City’s negotiation team met and conferred in good faith with representatives from CPCEA, CARP, and CMEA between May and August 2022 and recently reached a tentative three -year agreement, from July 1, 2022, through June 30, 2025, with all groups. While the tentative agreements conform to the authority provided to the City’s negotiation team, final approval of the MOUs lies with the City Council and requires City Council ratification at a public meeting.

The attached resolutions will approve the MOU’s for CPCEA, CARP, and CMEA, that include salary increases for the three -year term and spe cial salary adjustments to only those classifications below the market mean per the total compensation salary survey provided by Bryce Consulting, occurring in 2022 of the contracts. Also included for all groups are key benefit enhancements such as a commi tment to cover health premiums for calendar year 2023 and a commitment to cover a specified increase in health premiums in calendar years 2024 and 2025.

Revisions to the resolutions impacting unrepresented Confidential Employees, Classified Management Emp loyees, and Unclassified Management Employees will include salary increases for a three -year term and the same provisions in health care benefits and additional cafeteria plan contribution amounts.

FISCAL IMPACT
The FY 2023 budget adopted by Council on June 21, 2022, is expected to cover an overwhelming majority of the costs associated with the attached agreements for CPCEA, CARP, and CMEA in year one of the agreements and revised resolutions for unrepresented Confidential Employees, Classified Managemen t Employees, and Unclassified Management Employees. There are minor provisions not included within personnel costing for the FY 2023 Adopted Budget, but staff does not expect significant costs impacts over and above the FY 2023 Adopted Budget. If necessar y, once a complete review of all City costs is performed to determine which areas may be under - or over -budget by year -end, costs for these minor provisions may be added to recommended FY 2023 Mid -Year Budget Adjustments. The net fiscal impact of the three-year agreements, including the cost of the salary increases and benefits, is estimated at $4,642,358. The table below represents the total annual breakdown cost to the City for salary and benefits for each year for CPCEA, CARP, CMEA, unrepresented Confidential Employees, Classified Management Employees, and Unclassified Management Employees. The agreements and resolutions are for FY 2023 through FY 2025. Years two and three of all agreements and resolutions will be programmed into future budgets.

Year 1 $826,820
Year 2 $1,579,653
Year 3 $2,235,885
Totals: $4,642,358

ALTERNATIVES

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1. Do not approve one or all of the attached resolutions.

2. Provide other direction to staff.

Prepared by:

Jenny Le-Christensen, HR Manager

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution CARP MOU_Final 2022-2025
b. Carpenters MOU 2022-2025
c. City of Campbell Salary Schedule 08102022 (CARP)
d. City of Campbell Rules and Regulations 2022
e. Resolution CMEA MOU 2022-2025
f. CMEA MOU 2022-2025
g. City of Campbell Salary Schedule 08102022 (CMEA)
h. City of Campbell Rules and Regulations 2022
i. Resolution CPCEA MOU 2022-2025
j. CPCEA MOU 2022-2025
k. City of Campbell Salary Schedule 08102022 (CPCEA)
l. City of Campbell Rules and Regulations 2022
m. 2022-2025 Confidential Resolution
n. City of Campbell Salary Schedule 08102022 (CONFIDENTIAL) o. City of Campbell Rules and Regulations 2022
p. 2022-2025 Classified MGMT Resolution_Final
q. City of Campbell Salary Schedule 08102022 (MGMT)
r. City of Campbell Rules and Regulations 2022
s. 2022-2025 Unclassified MGMT
t. City of Campbell Salary Schedule 08102022 (UNCLASSIFIED) u. City of Campbell Rules and Regulations 2022
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RESOLUTION NO. _____

A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS

FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE

EMPLOYEE ORGANIZATION ENUMERATED BELOW

WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code req uires the City Manager to prepare and submit an annual salary plan to the City Council for its approval; and

WHEREAS, the Northern California Carpenters Regional Council , is a recognized employee Labor Union representing employees; and

WHEREAS, the City of Campbell ’s negotiation team and the Northern California Carpenters Regional Council have reached a tent ative agreement on the terms of a successor Memorandum of Understanding; and

WHEREAS, the successor Memorandum of Underst anding and the annual s alary plan have been presented to the City Council for consideration and ratification and are each attached hereto and made a part hereof; and

WHEREAS, the City of Campbell has satisfied its obligation under Government Code Section 3500, et. seq., and the City of Campbell’s Employer-Employee Relations resolution 10016 to me et and confer over the terms and cond itions of employment contained in the recommended successor Memorandum of Understanding with the Northern California Carpenters Regional Council; and

WHEREAS, the successor Memorandum o f Understanding for salaries, bene fits and working conditions has bee n approved and executed by the authorized repres entatives of the Northern California Carpenters Regional Council and City Council representatives; and

WHEREAS, the City Council of the Ci ty of Campbell desires to ratify a nd adopt the provisions included in the successor Memorandum of Understanding.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve and ratify the successor Memorandum of Understanding and does hereby approve the annual salary plan, each attached hereto and made a part hereof.

BE IT FUTHER RESOL VED that the terms and conditions of the successor Memorandum of Understanding shall be in full for ce and effect from the date of the C ity Council adoption through June 30, 2025, except as specified other wise in the Memorandum of Understanding; and

BE IT FUTHER RESOLVED that it is not the intent of this City Council in appro ving the successor Memorandum of Understanding to change, modify, or repeal in any way any of the existing provisions of the City of Campbell Personnel Rules and Regulations; and

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Attachment: Resolution CARP MOU_Final 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules) FINALLY, BE IT FURTHER RESOLVED that the City Appoint ing Power and the Human Resources Manager have the aut hority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED AND ADOPTED this 16th day of August, 2022, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

Paul Resnikoff, Mayor

ATTEST:

Andrea Sanders, City Clerk

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CLASS CD JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5
4388 ARBORIST MIL18 CARP Hourly 42.96 45.12 47.36 49.72 52.20 Bi-Weekly 3,436.80 3,609.60 3,788.80 3,977.60 4,176.00 Monthly 7,446.40 7,820.80 8,209.07 8,618.13 9,048.00 Annual 89,356.80 93,849.60 98,508.80 103,417.60 108,576.00 4235 EQUIP MNT SPVSR MIL04 CARP Hourly 50.67 53.21 55.83 58.65 61.56 Bi-Weekly 4,053.60 4,256.80 4,466.40 4,692.00 4,924.80 Monthly 8,782.80 9,223.07 9,677.20 10,166.00 10,670.40 Annual 105,393.60 110,676.80 116,126.40 121,992.00 128,044.80 4212 LGT/TRF SIG ASSIST MIL03 CARP Hourly 37.56 39.50 41.45 43.51 45.68 Bi-Weekly 3,004.80 3,160.00 3,316.00 3,480.80 3,654.40 Monthly 6,510.40 6,846.67 7,184.67 7,541.73 7,917.87 Annual 78,124.80 82,160.00 86,216.00 90,500.80 95,014.40 4210 LGT/TRF SIG SPVSR MIL01 CARP Hourly 54.02 56.72 59.54 62.54 65.66 Bi-Weekly 4,321.60 4,537.60 4,763.20 5,003.20 5,252.80 Monthly 9,363.47 9,831.47 10,320.27 10,840.27 11,381.07 Annual 112,361.60 117,977.60 123,843.20 130,083.20 136,572.80 4211 LGT/TRF SIG TECH MIL02 CARP Hourly 49.36 51.81 54.39 57.12 59.99 Bi-Weekly 3,948.80 4,144.80 4,351.20 4,569.60 4,799.20 Monthly 8,555.73 8,980.40 9,427.60 9,900.80 10,398.27 Annual 102,668.80 107,764.80 113,131.20 118,809.60 124,779.20 4386 MAINTENANCE WORKER I MIL15 CARP Hourly 32.17 33.75 35.43 37.24 39.11 Bi-Weekly 2,573.60 2,700.00 2,834.40 2,979.20 3,128.80 Monthly 5,576.13 5,850.00 6,141.20 6,454.93 6,779.07 Annual 66,913.60 70,200.00 73,694.40 77,459.20 81,348.80 4387 MAINTENANCE WORKER II MIL16 CARP Hourly 35.52 37.29 39.16 41.12 43.17 Bi-Weekly 2,841.60 2,983.20 3,132.80 3,289.60 3,453.60 Monthly 6,156.80 6,463.60 6,787.73 7,127.47 7,482.80 Annual 73,881.60 77,563.20 81,452.80 85,529.60 89,793.60 4332 MECHANIC I MIL10 CARP Hourly 35.22 37.04 38.86 40.81 42.84 Bi-Weekly 2,817.60 2,963.20 3,108.80 3,264.80 3,427.20 Monthly 6,104.80 6,420.27 6,735.73 7,073.73 7,425.60 Annual 73,257.60 77,043.20 80,828.80 84,884.80 89,107.20 4333 MECHANIC I (PPT)* MIL14 CARP Hourly 35.22 37.04 38.86 40.81 42.84 Bi-Weekly 2,817.60 2,963.20 3,108.80 3,264.80 3,427.20 Monthly 6,104.80 6,420.27 6,735.73 7,073.73 7,425.60 Annual 73,257.60 77,043.20 80,828.80 84,884.80 89,107.20 4270 MECHANIC II MIL05 CARP Hourly 41.20 43.25 45.44 47.73 50.10 Bi-Weekly 3,296.00 3,460.00 3,635.20 3,818.40 4,008.00 Monthly 7,141.33 7,496.67 7,876.27 8,273.20 8,684.00 Annual 85,696.00 89,960.00 94,515.20 99,278.40 104,208.00 4334 MECHANIC II (PPT)* MIL17 CARP Hourly 41.20 43.25 45.44 47.73 50.10 Bi-Weekly 3,296.00 3,460.00 3,635.20 3,818.40 4,008.00 Monthly 7,141.33 7,496.67 7,876.27 8,273.20 8,684.00 Annual 85,696.00 89,960.00 94,515.20 99,278.40 104,208.00 4300 PARK MNT LEAD WKR MIL08 CARP Hourly 39.06 41.02 43.05 45.22 47.48 Bi-Weekly 3,124.80 3,281.60 3,444.00 3,617.60 3,798.40 Monthly 6,770.40 7,110.13 7,462.00 7,838.13 8,229.87 Annual 81,244.80 85,321.60 89,544.00 94,057.60 98,758.40 4296 STR MNT FIELD SPVSR MIL07 CARP Hourly 51.05 53.58 56.26 59.08 62.06 Bi-Weekly 4,084.00 4,286.40 4,500.80 4,726.40 4,964.80 Monthly 8,848.67 9,287.20 9,751.73 10,240.53 10,757.07 Annual 106,184.00 111,446.40 117,020.80 122,886.40 129,084.80

CITY OF CAMPBELL

POSITION CLASSIFICATION - CARPENTERS
FY 22/23 - SALARY SCHEDULE

STEP RANGES
Range
[Page]1

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CLASS CD JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5

CITY OF CAMPBELL

POSITION CLASSIFICATION - CARPENTERS
FY 22/23 - SALARY SCHEDULE

STEP RANGES
Range
4295 STR MNT LEAD WKR MIL06 CARP Hourly 39.06 41.02 43.05 45.22 47.48 Bi-Weekly 3,124.80 3,281.60 3,444.00 3,617.60 3,798.40 Monthly 6,770.40 7,110.13 7,462.00 7,838.13 8,229.87 Annual 81,244.80 85,321.60 89,544.00 94,057.60 98,758.40 Notes:
1) Salary increases per MOU effective July 11, 2022
[Page]2

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PERSONNEL RULES AND REGULATIONS
City of Campbell
Amended 8.12. 2022

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TABLE OF CONTENTS
PART I – DEFINITIONS ........................................................................................................................ 1 SECTION 1.0 DEFINITION OF TERMS........................................................................................................ 1 PART II - EMPLOYMENT ..................................................................................................................... 4 SECTION 2.0 GENERAL PROVISIONS ....................................................................................................... 4

2.1 Fair Employment ......................................................................................................................... 4

2.2 Violation of Rules ........................................................................................................................ 4

2.3 Amendment and Revision of Rules ............................................................................................. 4 SECTION 3.0 CLASSIFICATION PLAN ....................................................................................................... 5

3.1 Preparation of Plan ..................................................................................................................... 5

3.2 Adoption and Revision of Plan .................................................................................................... 5

3.3 Allocation of Positions ................................................................................................................ 5

3.4 New Positions ............................................................................................................................. 5

3.5 Reclassification ............................................................................................................................ 5 SECTION 4.0 COMPENSATION ................................................................................................................ 6

4.1 Preparation of Plan ..................................................................................................................... 6

4.2 Classified Non-Management ...................................................................................................... 6

4.3 Management ............................................................................................................................... 6

4.4 Adoption of Plans ........................................................................................................................ 7 SECTION 5.0 RECRUITMENT ................................................................................................................... 8

5.1 Announcement ........................................................................................................................... 8

5.2 Request for Application Forms ................................................................................................... 8

5.3 Application Forms - Following an Announcement ..................................................................... 8

5.4 Disqualification ........................................................................................................................... 8

5.5 Disqualification – Nepotism ........................................................................................................ 8 SECTION 6.0 EXAMINATIONS ............................................................................................................... 10

6.1 Nature and Types of Examinations ........................................................................................... 10

6.2 Promotional Examinations ........................................................................................................ 10

6.3 Continuous Examinations ......................................................................................................... 10

6.4 Conduct of Examination ............................................................................................................ 10

6.5 Scoring Examinations and Qualifying Scores ............................................................................ 10

6.6 Notification of Examination Results ......................................................................................... 10

6.7 Cooperative Testing .................................................................................................................. 10 SECTION 7.0 EMPLOYMENT LISTS ........................................................................................................ 11

7.1 Employment Lists ...................................................................................................................... 11

7.2 Duration of Lists ........................................................................................................................ 11

7.3 Removal of Names from Lists ................................................................................................... 11 SECTION 8.0 METHOD OF FILLING VACANCIES ..................................................................................... 12

8.1 Types of Appointments ............................................................................................................. 12

8.2 Notice to Personnel Officer ...................................................................................................... 12

8.3 Certification of Eligibles ............................................................................................................ 12

8.4 Order of Employment ............................................................................................................... 13

8.5 Appointment ............................................................................................................................. 13

9.1 Objective of Probationary Period ............................................................................................. 14

9.2 Probationary Period--Non-management Positions .................................................................. 14

9.3 Probationary Period - Classified and Unclassified Management Positions .............................. 14

9.4 Extension of Probationary Period ............................................................................................. 14

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9.5 Rejection of Probationer ........................................................................................................... 15 SECTION 10.0 PERFORMANCE EVALUATIONS ...................................................................................... 16

10.1 Evaluation of Employee Performance ..................................................................................... 16 SECTION 11.0 PAYDAY AND PAY ADJUSTMENTS ................................................................................. 17

11.1 Payday ..................................................................................................................................... 17

11.2 Application of Rates ................................................................................................................ 17

11.3 Merit Salary Increases ............................................................................................................. 17

11.4 Anniversary Date ..................................................................................................................... 17

11.5 Salary Change Effective Date .................................................................................................. 17

11.6 Beginning and Terminating Pay Computations ...................................................................... 18

12.1 Transfer ................................................................................................................................... 19

12.2 Promotion ............................................................................................................................... 19

12.3 Demotion ................................................................................................................................ 19

12.4 Suspension .............................................................................................................................. 19

12.5 Reinstatement......................................................................................................................... 19

12.6 Pre-Disciplinary Hearing Procedures ...................................................................................... 20

12.7 Disciplinary Action--Police Officers ......................................................................................... 20

12.8 Just Cause For Discipline ......................................................................................................... 20 SECTION 13.0 SEPARATION FROM THE SERVICE .................................................................................. 22

13.1 Discharge ................................................................................................................................. 22

13.2 Discharge--Unclassified Management Personnel ................................................................... 22

13.3 Reduction in Force .................................................................................................................. 22

13.4 Resignation ............................................................................................................................. 24

13.5 Separation Date ...................................................................................................................... 24 SECTION 14.0 REPORTS AND RECORDS ................................................................................................ 25

14.1 Roster Cards ............................................................................................................................ 25

14.2 Change of Status Reports........................................................................................................ 25

14.3 Destruction of Records ........................................................................................................... 25 SECTION 15.0 COOPERATION ................................................................................................................ 26

15.1 Cooperation of Municipal Officers and Employees ................................................................ 26

15.2 Applications of Rules ............................................................................................................... 26

15.3 Gifts and Payments ................................................................................................................. 26

15.4 Directives ................................................................................................................................ 26

15.5 Financial Affairs ....................................................................................................................... 26

15.6 Notification of Address ........................................................................................................... 26

15.7 Official Personnel Files ............................................................................................................ 26

15.8 Substance Abuse ..................................................................................................................... 26 PART III – TOTAL COMPENSATION ................................................................................................... 27 SECTION 16.0 ATTENDANCE AND LEAVES ............................................................................................ 27

16.1 Purpose of Annual Vacation Leave ......................................................................................... 27

16.2 Vacation Accrual Rates ........................................................................................................... 27

16.3 Use of Vacation ....................................................................................................................... 27

16.4 Vacation Scheduling, Retention of Unused Vacation, and Payout of Vacation Hours ........... 28

16.5 Vacation Pay on Separation ..................................................................................................... 29

16.6 Sick Leave Accrual Rate - 40-Hour Week ................................................................................ 29

16.7 Use of Sick Leave ...................................................................................................................... 29

16.8 Use of Family Sick Leave ......................................................................................................... 29

16.9 Bereavement Leave ................................................................................................................. 29

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iii

16.10 Computing Sick Leave ........................................................................................................... 30

16.11 Compensation for Unused Sick Leave .................................................................................. 30

16.12 Administrative Leave--Management Employees Only ......................................................... 30

16.13 Injury Leave ........................................................................................................................... 31

16.14 Military Leave ........................................................................................................................ 31

16.15 Leave of Absence without Pay .............................................................................................. 31

16.16 Special Leave of Absence ...................................................................................................... 31

16.17 Maternity Leave .................................................................................................................... 32

16.18 Jury Duty ............................................................................................................................... 32

16.19 Hours of Work ....................................................................................................................... 32

16.20 Timecards .............................................................................................................................. 32

16.22 Overtime ............................................................................................................................... 33

16.23 Compensatory Time .............................................................................................................. 34

16.24 Unauthorized Leave .............................................................................................................. 35

16.25 Salary Deduction--Employees Exempt from FLSA Overtime Provisions ............................... 35 SECTION 17.0 SPECIAL PROVISIONS FOR SPECIFIC CLASSIFICATIONS ................................................ 36

17.1 Motorcycle Assignment Pay ................................................................................................... 36

17.2 Replacement of City-Issued Equipment--Non-management Police Department Safety Personnel ............................................................................................................................. 36

17.3 Working Out-of-Class Pay--Non-management Police Department Safety Personnel............ 36

17.4 POST/Educational Incentive Pay--Police Department Non-Management Public Safety Personnel ............................................................................................................................. 36

17.5 Emergency Transfer of Sick Leave--Employees Represented by Campbell Peace Officers Association ........................................................................................................................... 37

17.6 Meal Allowance--Employees Represented by Campbell Peace Officers Association ............ 37

17.7 Detective On-Call Pay.............................................................................................................. 37

17.8 Bilingual Pay ............................................................................................................................ 38

17.9 Vacation Buy Back ..................................................................................................................... 3

17.10 Meal Allowance--CPCEA Represented Employees ............................................................... 38

17.11 Working Out-of-Class Pay--CPCEA Represented Employees ................................................ 38

17.12 Trainer Pay--Police Records Specialists and Public Safety Dispatchers ................................ 38

17.13 Catastrophic Illness/Emergency Transfer of Sick Leave-- CPCEA .......................................... 40

17.14 Bilingual Pay .......................................................................................................................... 40

17.15 Reserved ............................................................................................................................... 41

17.16 Split Shift Differential ............................................................................................................ 41

17.17 Working Out-of-Class Pay--Public Works Maintenance Division Non-management Personnel ............................................................................................................................. 41

17.18 Workers' Compensation Benefits--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel............................................................................................. 42

17.19 Standby Pay--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel ............................................................................................................................. 42

17.20 Meal Allowance--Public Works Maintenance Division Non-management Personnel ......... 43 l7.21 Class B Driver's License--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel .................................................................................................... 43

17.22 Bilingual Pay – Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel .................................................................................................... 43

17.23; 17.24 Reserved .................................................................................................................... 43

17.25 Working Out-of-Class Pay--Confidential Employees and Employees Represented by Campbell Municipal Employees Association ....................................................................... 44

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17.26 Bilingual Pay for Employees Represented by Campbell Municipal Employees Association 44

17.27 Catastrophic Illness/Emergency Transfer of Sick Leave or Vacation – Confidential Employees, Employees Represented by Campbell Municipal Employees Association and Management Employees ..................................................................................................... 44

17.28 Meal Allowance - Employees Represented by Campbell Municipal Employees Association 44

SECTION 18.0 TRAINING OF EMPLOYEES .............................................................................................. 46

18.1 Responsibility for Training ...................................................................................................... 46

18.2 Credit for Training ................................................................................................................... 46

18.3 In-Service Training Incentive Program .................................................................................... 46 PART IV - EMPLOYER-EMPLOYEE RELATIONS ................................................................................... 48 SECTION 19.0 CITY EMPLOYEE ORGANIZATIONS ................................................................................. 48

19.1 Employee Rights ...................................................................................................................... 48

19.2 Meetings and Employee Organization Activities .................................................................... 48

19.3 Use of City Facilities ................................................................................................................ 48

19.4 Use of City Equipment ............................................................................................................ 48

19.5 Use of Bulletin Boards ............................................................................................................. 48

19.6 Payroll Deductions - Employee Organizations ........................................................................ 49

19.7 General Provision Regarding Americans with Disabilities Act ................................................ 49 SECTION 20.0 GRIEVANCE PROCEDURES ............................................................................................. 50

20.1 Purpose of Rules ..................................................................................................................... 50

20.2 Definition, Scope and Right to File.......................................................................................... 50

20.3 Grievance Steps ...................................................................................................................... 50

20.4 General Conditions for All Grievances .................................................................................... 52 SECTION 21.0 RULES OF APPEAL TO CITY COUNCIL - DISMISSALS ........................................................ 53

21.1 Right of Appeal ........................................................................................................................ 53

21.2 Method of Appeal ................................................................................................................... 53

21.3 Notice ...................................................................................................................................... 53

21.4 Investigation............................................................................................................................ 53

21.5 Hearings .................................................................................................................................. 53

21.6 Findings and Recommendations ............................................................................................. 53 PART V - MISCELLANEOUS ............................................................................................................... 54 SECTION 22.0 EMERGENCY PREPAREDNESS ........................................................................................ 54

22.1 Emergency Preparedness ....................................................................................................... 54 SECTION 23.0 COURT APPEARANCES ................................................................................................... 54

23.1 Employees - Civil Trials ............................................................................................................ 54 SECTION 24.0 OUTSIDE EMPLOYMENT ................................................................................................ 54

24.1 Outside Employment - Non-management Personnel ............................................................ 54

24.2 Application for Permit to Engage in Outside Employment..................................................... 55

24.3 Maximum Hours Permitted in Outside Employment ............................................................. 55

24.4 Injuries Resulting from Outside Employment ......................................................................... 55

24.5 Outside Employment and Sick Leave ...................................................................................... 55

24.6 Outside Employment--Management Personnel ..................................................................... 55 SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS.................... 57

25.1 Reimbursement Policy ............................................................................................................ 57 SECTION 26.0 CITY VEHICLES AND DRIVERS ......................................................................................... 57

26.1 Use of City Vehicles and Equipment ....................................................................................... 57

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26.2 Employee Driving Habits ......................................................................................................... 57

26.3 Motor Vehicle License............................................................................................................. 57

26.4 California Vehicle Code Restrictions ....................................................................................... 57

26.5 Pool Cars ................................................................................................................................. 58

26.6 Use of Personal Vehicle for City Business ............................................................................... 58

26.7 City Vehicles and Employees on Standby Basis ...................................................................... 58

26.8 Procedure for Accidents ......................................................................................................... 58

26.9 Service of City Vehicles ........................................................................................................... 58

26.10 Mileage for Evening Meetings .............................................................................................. 58

26.11 Mileage for Out-of-Town Meetings ...................................................................................... 58

26.12 Mileage for Employee's Car on City Business ....................................................................... 59

26.13 Seat Belts .............................................................................................................................. 59 ADDENDUM "A" ............................................................................................................................. 60 I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP ................................... 60 Campbell Municipal Employees Association ................................................................................... 60 Campbell Police Civilian Employees Association ............................................................................. 60 Northern California Carpenters Regional Council ............................... Error! Bookmark not defined.

Management Employees ................................................................................................................. 60 Confidential Employees ................................................................................................................... 60 II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS ...................................................................... 60

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1 PART I – DEFINITIONS

SECTION 1.0 DEFINITION OF TERMS

The following terms, whenever used in these rules, shall be defined as follows:

Allocation: The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised.

Anniversary Date: (See Review Date)

Appointing Power: The City Manager and/or Department Head who has the authority to make appointment to the position to be filled.

Class: All positions sufficiently similar in duties, authority and responsibility to permit grouping under a common title, and the application with equity of common standards of selection, tran sfer, promotion, and salary.

Classified Non -Management Service : All positions of employment within the service of the City except positions filled by management employees. (See definition of "Management Employee" in the City's Employer - Employee Relations Resolution No. 6647.)

Classified Management : Those positions filled by management employees, except those classifications defined as "Unclassified Management" in this Section.

Demotion: The movement of an employee from one class to another class havi ng a lower maximum rate of pay.

Eligible: A person whose name is on an employment list.

Employee Organization : Means an organization recognized in accordance with Section 9 of the City's Employer-Employee Relations Resolution No. 6647.

Employment List:

Open Employment List: A list of names of persons who have taken an open competitive examination for a position in the Classified service and have qualified.

Promotional Employment List: A list of names of persons who have taken a promotional examination for a position in the Classified service and have qualified.

Examination: Open Competitive Examination: An examination for a particular class which is open to all persons meeting the requirements for the position.

Promotional Examination : An examination for a particular class, admission to the examination being limited to permanent and probationary employees i n the Classified service who meet the requirements for the position.

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2 PART I - DEFINITIONS (cont.)

Continuous Examination : An open competitive examination administered periodically resulting in the placement of names, in order of final scores, on an employment list for a period of one year.

Injury Leave : Necessary leave arising out of and in the course of employment as defined by Workers' Compensation laws, State of California Labor Code.

In-Service Training : Any class, seminar, workshop, training course or conference participated in by an employee while working for the City.

Interested Party: Any individual or agency affected by these rules and regulations.

Majority Representative: Means an employee organization, or its duly authorized representative, that has been granted formal recognition by the Municipal Employee Relations Officer as representing the majority of employees in an appropriate unit (see Employer-Employee Relations Resolution No. 6647).

Management Personnel : Management employees as defined in the City's Employer -Employee Relations Resolution No. 6647.

Merit Salary Increases : Advancement through the steps of a salary range, based on satisfactory job performance, at specified time intervals.

Municipal Employee Relations Officer: The City Manager or his duly authorized representative.

Normal Workweek: A normal workweek is defined as five working days unless modified by the Department Head with the approval of the City Manager.

Permanent Employee: An employee who has successfully completed his/her probationary period and has been retained as hereinafter provided in these rules.

Permanent Part -time Employee : An employee appointed on a part -time basis to an autho rized position with partial benefits.

Personal Effects: Those items worn or carried by the employee in the line of duty.

Personnel Officer: Shall be the City Manager or his delegated representative.

Pool Cars: City vehicles designated for use by empl oyees on a "sign -out" basis. Not applicable to vehicles permanently assigned to specified Management or standby personnel.

Probationary Period: A working test period during which an employee is required to demonstrate fitness for the assigned position by actual performance of the duties of the position.

Promotion: The movement of an employee from one class to another class having a higher maximum pay rate.

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3 PART I – DEFINITIONS (cont.)

Provisional Appointment : An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles and until an eligibility list can be established within the following six month period.

Reclassification: Allocation by the Personnel Officer of an individual position to another more appropriate classification, whether new or already created.

Reinstatement: The reemployment without examination of a former permanent or probationary employee.

Review Date: A date set following a beginning level or promotional appointment, on which an employee is due for a performance evaluation, or is eligible for status cha nge, or should be considered for a merit increase. A date sometimes referred to as an "anniversary date."

Suspension: The temporary separation from the service, without pay, of an employee for disciplinary purposes.

Temporary Employee: An employee appointed on an "as needed" basis for work which is anticipated to be of a temporary or intermittent nature either on a full -time or part-time basis. Such appointments are based on an hourly rate of pay and do not include benefits except as prescribed by law.

Total Compensation: The total remuneration, including salary, applicable economic employee benefits, and working conditions received by the employee from the City.

Transfer: A change of an employee from one position to another in the same class or in a comparable class.

Unclassified Management: The following Management classes are defined as "Unclassified Management" positions: City Manager, Public Works Director, Police Chief, Community Development Director, Finance Director, Recreation and Community Services Director, and Administrative Services Director.

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4 PART II - EMPLOYMENT

SECTION 2.0 GENERAL PROVISIONS

2.1 Fair Employment
No question in any test, application form, or in any other personnel proceeding by any appointing authority shall be so framed as to attempt to elicit information concerning race, religious creed, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, or sexual orientation unless required for compliance with any federal or state law or regulation regarding equal opportunity in employment. No appointment to or removal from a position in the competitive service shall be affected or influenced in any manner by any consideration of race, religious creed, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, or sexual orientation unless such physical or mental disability precludes the performance of an essential job function.

2.2 Violation of Rules
Violation of the provisions of these rules shall be grounds for rejection, suspension, demotion or dismissal.

2.3 Amendment and Revision of Rules
Amendments and revisions may be suggested to the City Council by any interested party and shall be submitted to t he City Council through the City Manager's Office. Proposed amendments or revisions to these rules shall be publicly posted for at least five consecutive days prior to consideration by the City Council. At the time of consideration, any interested person may appear and be heard. Amendments and revisions shall become effective upon adoption by the City Council.

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5 SECTION 3.0 CLASSIFICATION PLAN

3.1 Preparation of Plan
The Personnel Officer, or a person or agency employed for that purpose, shall ascerta in and record the duties and responsibilities of all classified and unclassified positions and, after consulting with appointing authorities and heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions defined by class specifications including the title. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and ch aracter of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class.

3.2 Adoption and Revision of Plan
The classification plan s hall be adopted and may be amended from time to time by resolution of the City Council. At the time of consideration, any interested party may appear and be heard. Amendments and revisions of the plan may be suggested to the City Council by any intereste d party and shall be submitted to the City Council through the City Manager's Office. Notice of City Council consideration of the proposed classification plan, amendments or revisions shall be publicly posted at least five days prior to City Council Action.

3.3 Allocation of Positions
Following the adoption of the classification plan, the Personnel Officer shall allocate every position in the management and non-management service to one of the classes established by the plan.

3.4 New Positions
When a n ew position is created, before it may be filled, the appointing authority shall notify the Personnel Officer and, except as otherwise provided by ordinance or these rules, no person shall be appointed or employed to fill any such position until the classif ication plan shall have been amended to provide therefore and an appropriate employment list established for such position.

3.5 Reclassification
Positions, the duties of which have changed materially so as to necessitate reclassification, shall b e allocated by the Personnel Officer to a more appropriate class, whether new or already created. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions.

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6 SECTION 4.0 COMPENSATION

4.1 Preparation of Plan
The Personnel Officer or the person or agency employed for that purpose shall prepare a compensation plan covering all classifications.

4.2 Classified Non-Management
The basic criteria and survey techniques used in determining the rec ommended total compensation plan for the meeting and conferring sessions with employee representatives of classified non -management personnel shall be guided by the following policies:

A. To observe the principle of equal pay for equal work, through the grouping of positions, involving substantially similar duties into classes and then setting salary ranges for these classes in proper relationship to each other.

B. To provide pay range differentials that recognize differences among classes with regard to skill, difficulty, responsibility and exercise of supervisory and administrative responsibilities.

C. To recognize compensation levels and trends in comparable governmental jurisdictions in order to keep compensation generally in line and competitive w ith compensation in those jurisdictions. The geographic area from which comparable governmental jurisdictions will be selected are the Counties of Santa Clara, San Mateo and Alameda.

Among the criteria to be considered in selecting comparable governmenta l jurisdictions will be: population, number of employees, tax base, and common service areas. Should the City propose any change to either the benchmark positions or jurisdictions utilized in the compensation survey, the affected employee organization wi ll be notified and allowed to review and discuss the proposed change prior to the preparation of the compensation data.

D. To provide sufficient flexibility in both compensation policy and administration to meet the needs of those in City service.

E. To encourage new and imaginative approaches and solutions to compensation problems.

F. To adopt a classification and compensation plan which represents a reasonable expenditure to the City taxpayer and is consistent with the City's ability to pay for said plan on both a short and long term basis.

4.3 Management
Recognizing that effective operation of local government requires the attraction and retention of qualified management personnel, the basic criteria used in determining the recommended compensation plan for management personnel shall be guided by the following policies:

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7 4.3 Management (continued)

A. To provide a compensation plan for management personnel which will enable the City to recruit, promote, train and retain qualified and co mpetent personnel at each level of management.

B. To recognize the City's requirements and expectations from management personnel which may require elements of a compensation plan which shall be applicable only to management personnel.

C. To establish salary ranges for management personnel which are based on the following factors:

1. Salary relationship to top subordinate - A department head should be in a salary range which is a minimum of 10 percent above the top step of the range of his highest salari ed assistant or division head. An assistant or division head should be in a salary range which is a minimum of 7 -1/2 percent above the top step of any of the management or non -management personnel under his or her direct supervision.

2. Degree of risk-taking and impact on City if error in judgment is made.

3. Compensation of subordinate personnel.

4. Years of service - Management personnel with years of service to the City should deserve consideration for this additional experience.

5. Education and experience requirements.

6. Number of employees/responsibility.

7. Extra duties and assignments delegated by City Manager.

8. Performance.

D. To establish a compensation plan which is competitive with comparable management positions in cities of comparable size and operations.

4.4 Adoption of Plans
The non -management compensation plan shall be adopted and may be amended from time to time as Memorandums of Understanding are mutually agreed to by the City Council and employee organizations or other second par ties, as permitted by State legislation. Management compensation plans shall be adopted from time to time upon recommendation of the City Manager. Amendments and revisions to the plans may be suggested to the City Council by any interested party and shal l be submitted to the City Council through the City Manager's Office. Notice of City Council consideration of the proposed amendments or revisions to the compensation plan shall be publicly noticed at least five days prior to City Council action. Revisio ns or amendments involving replacements or promotions within the current plan shall be noticed as an item on the City Council agenda.

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8 SECTION 5.0 RECRUITMENT

5.1 Announcement
All examinations for positions in the classified non-management and management service shall be publicized by posting announcements in the City Hall on official bulletin boards and by such other methods as the Personnel Officer deems advisable. Special recruitment shall be conducted, if necessary, to insure that all segments of the community are aware of forthcoming examinations. The announcement shall specify the title and pay of the position for which the examination is announced; the nature of the work to be performed; typical duties; qualification requirements for the position; the manner of making application and any other pertinent information.

5.2 Request for Application Forms
Applications will not be given out to people inquiring about City positions unless there is an opening. Names and addresses of people inquiring about openings with the City shall be placed on an employment mailing list and retained for a period not to exceed six months. Such applicants shall be notified by mail of any applicable vacancies occurring during that period.

5.3 Application Forms - Following an Announcement
Application shall be made as prescribed on the examination announcement. Application forms shall require information covering training, experience and other pertinent details, and may also require that birth certificates, high school diplomas, college transcripts and certificates of one or more examining physicians, and/or references be attached. All applications must be signed by the person applying.

5.4 Disqualification
The Personnel Officer shall reject an y application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications shall be rejected if the applicant is physically unfit for the performance of duties of the position; is addic ted to the habitual excessive use of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false statement of any material fact, or practiced any deception or fraud in his application. Whenever an application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant by the Personnel Officer. Defective applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired.

5.5 Disqualification – Nepotism
It is the policy of the City of Campbell to remain free from nepotism and, therefore, the following rules have been established for City employment:

A. Members of the immediate family of City Counci lmembers may not be employed by the City during the Councilmember's term of office.

B. Members of an immediate family may not be employed simultaneously by the City in positions where family influence and/or relationship might affect supervision, safety, security, or morale in a manner detrimental to the conduct of City business, or where such relationships may result in conflicts of interest.

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9 5.5 Disqualification - Nepotism (continued)

C. Should an "immediate family" situation arise during employment, and should such relationship give rise to violation of subsection A or B, management will make every effort to transfer one of the members of the immediate family to a position where these provisions would not be violated. If such a transfer is not possib le or practical, a choice will be given to the persons involved as to which will leave City employment. If such a choice is not made within 30 days of the creation of the conflict, the City Manager shall, in his or her sole discretion, terminate the emplo yment of one member of the family.

D. "Immediate family" is defined as spouse, father, mother, brother, sister, son or daughter, grandmother or grandfather, grandson or granddaughter.

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10 SECTION 6.0 EXAMINATIONS

6.1 Nature and Types of Examinations
The selection techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the p ersons examined to execute the duties and responsibilities of the position to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical examinations, or any combination of these or other tests. The probationary period shall be considered as an exten sion of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the classification, covering only factors related to such requirements.

6.2 Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer after consultation with the respective department head, the needs of the service require. Promotional examinations may include any of the sel ection techniques mentioned in 6.1, or any combination of them.

Only permanent or probationary employees who meet the requirements set forth in the promotional examination announcement may compete in such an examination.

6.3 Continuous Examinations
Open competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists as prescribed in Section 7.0.

6.4 Conduct of Examination
The C ity Council may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Personnel Officer shall see that such duties are performed. The Personnel Officer shall arrang e for the use of public buildings and equipment for the conduct of examinations.

6.5 Scoring Examinations and Qualifying Scores
A candidate's score in a given examination shall be based on his/her scores in each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring such applicants as failing in the entire examination or as disqualified for subsequent parts of an examination. The Personnel Officer may, a t his discretion, include as a part of the examination tests which are qualifying only.

6.6 Notification of Examination Results
Candidates in an examination shall be given written notice of the results thereof and, if successful, of their final score on the examination.

6.7 Cooperative Testing
The Personnel Officer may cooperate with other governmental agencies charged with personnel administration in conducting joint recruitment and testing for the establishment of common eligibility lists.

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11 SECTION 7.0 EMPLOYMENT LISTS

7.1 Employment Lists
As soon as possible after the completion of an examination, the Personnel Officer shall prepare and keep available an employment list consisting of the names of candidates who qualif ied in the examination arranged in order of final scores from the highest to the lowest qualifying score.

7.2 Duration of Lists
Employment lists shall remain in effect for one year unless sooner exhausted or abolished by the Personnel Officer, and may be extended for additional periods prior to their expiration date by action of the Personnel officer. In no event shall an employment list remain in effect for more than two years. Open competitive lists created as the result of continuous examinations sha ll remain in effect for one year after the last administration of such examination unless sooner exhausted. Names placed on such lists shall be merged with any others already on the list in order of final scores and shall remain on the list for one year.

Whenever there are fewer than three names on a promotional or open competitive list, the appointing authority may make an appointment from among such eligibles or may request the Personnel Officer to establish a new list. When so requested, the Personnel Officer shall hold a new examination and establish a new employment list.

7.3 Removal of Names from Lists
The name of any person appearing on an employment, reemployment or promotional list shall be removed by the Personnel Officer if the eligible reque sts in writing that his name be removed; if the person fails to respond to a notice of certification mailed to his/her last known address; if the person has been certified for appointment three times and has not been appointed; or for any of the reasons sp ecified in 5.4 of these rules. The person affected shall be notified of the removal of his name by a notice mailed to his last known address. The names of persons on promotional employment lists who resign from City service shall automatically be dropped from such lists.

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12 SECTION 8.0 METHOD OF FILLING VACANCIES

8.1 Types of Appointments
All vacancies shall be filled by transfer, demotion, reemployment, reinstatement, or from eligibles certified by the Personnel Officer from an appropriate employme nt list, if available. In the absence of such eligible persons, provisional appointments may be made in accordance with the Personnel Ordinance and these rules. Appointments to positions in the City service fall into the following categories:

A. Permanent Full-Time: Appointment on a full-time basis to an authorized position.

B. Permanent Part -Time: Appointment on a part -time basis to an authorized position with partial benefits.

C. Temporary: Appointment on an "as needed" basis for work which is anticipated to be of a temporary or intermittent nature, either on a full -time or part -time basis. Such appointments are based on an hourly rate of pay and do not include benefits except as prescribed by law. The status of those employees in this employm ent class shall be reviewed after six months to determine whether or not continuation of employment is necessary. No special credit or consideration for service shall be given to a temporary appointee in qualifying for a permanent appointment.

D. Provisional: In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by provisional appointment. The City Manager, with the approval of the City Council, may extend the period for any such appointment for not more than 30 days by any one action. No special credit or considera tion for service shall be given to a provisional appointee in qualifying for a permanent appointment.

E. Limited Term: Limited term positions may be used to staff specific projects of functions for which funding is limited or uncertain. Limited term appointments enable the City to efficiently and fairly staff certain positions. Limited term employees will receive staff benefits and will be advised of the length of employment prior to accepting an offer. Furthermore, such appointments are “at -will” and end when funds are no longer available, or when the project workload is complete.

8.2 Notice to Personnel Officer
Whenever a vacancy in the competitive service is to be filled, the appointing power shall notify the Personnel Officer.

8.3 Certification of Eligibles
The Personnel Officer shall provide the names of persons eligible for appointment in the following order:

Requests for transfer or demotion.

Names on reemployment list (see 13.3G).

Names on promotional list.

Requests for reinstatement (see 12.5).

Names on open competitive list.

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13 Section 8.0 - Method of Filling Vacancies (continued)

8.4 Order of Employment
The appointing power may fill a vacancy by transfer or demotion. If not filled by transfer or demotion, an appointment would be made to the person at the top of the reemployment list if one exists. If not filled as noted above, the vacancy may be filled from the promotional list. If the vacancy is not filled by transfer, demotion, reemployment or from a promotional l ist, the appointing power may fill the vacancy from the reinstatement or open competitive list provided that, if three or more names exist on the promotional list, the appointment shall be made from such list.

8.5 Appointment
After interview and investi gation, the appointing power shall make appointments from among those certified and shall immediately notify the Personnel Officer of the persons appointed. The person accepting the appointment shall present himself to the Personnel Officer or a designated representative for processing on the date of appointment or at a later date as arranged. If the applicant accepts the appointment and presents himself for duty at such time as the appointing authority shall prescribe, he shall be deemed to be appointed; otherwise, he shall be deemed to have declined the appointment.

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14 SECTION 9.0 PROBATIONARY PERIOD

9.1 Objective of Probationary Period
The probationary period shall be considered a part of the testing process for appointments to permanent full and part-time positions, and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee in the new position. If a probationary employee is off work, for any reason, for more than 4 consecutive weeks, the employee's probationary period will be extended accordingly.

9.2 Probationary Period--Non-management Positions
All original appointments shall be tentative and subject to a probationary period. The following non - management classifications shall serve probationary period as outlined below:

Employees represented by CMEA shall serve a probat ionary period of not less than six months of service.

Employees represented by CARP shall serve a probationary period of not less than twelve months of service.

Police Officer Trainee Appointments – upon date of hire and 18 months following the date of swearing in as a Police Officer
Police Officer Lateral Appointments – 18 months from the date of hire Police Promotional Appointments – 12 months from the date of promotion Police Records Specialists, Public Safety Dispatchers, Police Records Supervisor, and Communications Supervisor shall serve a probationary period of one year.

All promotional appointments shall be tentative, and subject to a probationary period of not less than six months of service.

The appointing power may establish a longer probationary period for original and promotional appointments for specific classes. The Personnel Officer and the probatio ner shall be notified two weeks prior to the termination of any probationary period as to whether or not the services of the probationary employee have been satisfactory. If satisfactory, the employee shall receive a permanent appointment and if unsatisfa ctory, the employee shall be rejected unless an extension of the probationary period (9.4) is requested.

9.3 Probationary Period - Classified and Unclassified Management Positions All original and promotional appointments shall be tentative and subject to a probationary period of not less than one year. The appointing power may establish a longer probationary period for original and promotional appointments for specific classes. The Personnel Officer and the probationer shall be notified two weeks pri or to the termination of any probationary period as to whether or not the services of the probationary employee have been satisfactory. If satisfactory, the employee shall receive a permanent appointment and if unsatisfactory, the employee shall be reject ed unless an extension of the probationary period (9.4) is requested.

9.4 Extension of Probationary Period
The Personnel Officer may grant an extension of the probationary period, if the probationary employee has been absent from his/her job for a conse cutive period of four weeks or more. If extended, the probationary period will be extended an amount of time equal to the length of absence.

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15 Section 9.0 – Probationary Period (continued)

9.5 Rejection of Probationer
During the probationary period of an original appointment, an employee may be rejected at any time by the appointing power without cause and without the right of appeal or to file a grievance. Notification of rejection in writing shall be served on the probationer and a copy filed with the Personnel Officer.

9.6 Rejection Following Promotion
Any employee rejected during the probationary period following a promotional appointment, or at the conclusion of the probationary period, by reason of failure of the appointin g power to file a statement that his/her services have been satisfactory, shall be reinstated to the position from which he/she was promoted unless charges are filed and he/she is discharged in the manner provided in the Personnel Ordinance and these rules. (For employees represented by CPCEA and CPOA, see the SEIU 1996 MOU and the CPOA 1997 MOU for a different provision on this subject.)

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16 SECTION 10.0 PERFORMANCE EVALUATIONS

10.1 Evaluation of Employee Performance
It is the responsibility of departm ent heads and/or supervisors to prepare periodic evaluations of performance results to measure and record the employee's actual performance. Strengths and weaknesses will be documented and recommended courses of corrective action outlined for correction a nd improvement. Such service rating plans shall measure, as objectively as possible, both quantity and quality of work, the manner in which the service is rendered, and the observance of regulations and procedures properly governing the performance of duties.

A. Performance ratings shall accompany all requests for merit increases. Employees at the "E" step shall have their performance evaluated annually, with the exception of those departments that require regular performance rating throughout the year.

B. Performance evaluations shall be based upon forms prescribed by the Personnel Officer. Service ratings shall be based upon the independent judgment of one or more supervisory personnel, including the immediate supervisor of the employee being rated. The completed performance report shall be presented to the employee for review and signature, and then forwarded to the Personnel Officer for review and any appropriate action.

C. Employees shall have the right to appeal a performance evaluation when th ey believe the performance ratings received are unfair. Appeals will be processed through the grievance procedure provided for in Section 20.0 of these rules.

D. Performance ratings shall be taken into consideration for purposes of rejection, discharge, demotion, promotion, transfer, permanent status, and merit increases.

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17 SECTION 11.0 PAYDAY AND PAY ADJUSTMENTS

11.1 Payday
Pay periods will be on a biweekly basis ending at midnight on Sunday. Payday will fall on a Thursday in the second week following the end of each pay period. If payday falls on a holiday, employees will be paid on the last working day preceding the regular payday. The Finance Director shall prepare, or cause to be prepared, a biweekly salary roll. The City Council shall audit said payroll at its first regular meeting following the preparation of the salary roll and shall require adjustments in the event of errors appearing in said payroll.

11.2 Application of Rates
Employees occupying a position in the City service shal l be paid a salary or wage established for that position's class under the pay plan. The minimum rate, if provided, for the class generally shall apply to employees upon original employment. However, the City Manager may, when circumstances warrant it, authorize original appointment or reinstatement at other than the minimum rate.

11.3 Merit Salary Increases
Merit salary increases provide for advancement through the steps of a salary range, based on satisfactory job performance, at specified time interv als. Such increases shall not be automatic, but shall depend upon increased service value of an employee to the City as exemplified by recommendations of his supervising official, length of service, performance record, special training undertaken, or othe r pertinent evidence, within the advancement policy established by the pay plan. Employees hired or placed at the "A" step following transfer, promotion, demotion, reclassification or for any other reason shall be eligible for a merit salary increase on q ualifying for permanent status or after six months of satisfactory service, whichever comes first. Employees hired or placed above the "A" step shall not be eligible for a merit salary increase until one year from such initial action whether by hire, tran sfer, promotion, demotion, reclassification or other reason.

11.4 Anniversary Date
The anniversary date of each employee shall be as follows:

A. Miscellaneous and safety employees hired at "A" step: The date employee completes six months of satisfactory service and becomes eligible for first merit salary increase.

B. Miscellaneous and safety employees hired above "A" step: The date employee completes one year of satisfactory service and becomes eligible for first merit salary increase.

11.5 Salary Change Effective Date
For purposes of compensation during any period in which a biweekly payroll system is in effect in the City of Campbell, all merit salary increases will be effective on the first day of the pay period following employee's anniversary date.

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18 11.6 Beginning and Terminating Pay Computations
Computing the paycheck of an employee commencing or terminating service with the City:

A. Employees beginning service on the first working day of a pay period (i.e. Monday, or Tuesday if Monday is a holiday) shall be deemed to have worked the entire pay period.

A holiday shall be deemed to have been a day worked.

B. Employees terminating service after having worked all regular working days in a pay period shall be deemed to have worked the entire pay period; holidays deemed to have been days worked.

C. Employees beginning or terminating service on other than the first or last working day of a pay period shall have salary and fringe benefits computed on an hourly basis.

Holidays shall be deemed to have been days worked. The hourly rate shall be computed by dividing the annual salary by 2080 hours for those employees working a 40 -hour workweek.

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19 SECTION 12.0 TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT

12.1 Transfer
No person shall be transferred to a position for which he/she does not possess the minimum qualifications.

Upon approval by the Personnel Officer, an employee may be transferred by the appointing power at any time from one position to another in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involving the performance of similar duties and requiring substantially the same basic qualifications. If the transfer involves a change from one departmen t to another, both department heads must consent thereto unless the City Manager orders the transfer for purposes of economy or efficiency. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be acc omplished only as provided in the Personnel Ordinance, pay plan or by these rules.

12.2 Promotion
Insofar as consistent with paragraphs 8.3 and 8.4, all vacancies may be filled by promotion from within after a promotional examination has been given and a promotional list established. If, in the opinion of the Personnel Officer, after consultation with the respective department head, a vacancy could be filled better by an open competitive examination instead of a promotional examination, then the Personnel Officer shall arrange for an open competitive examination and for the preparation and certification of the appropriate employment list.

12.3 Demotion
The appointing power may demote an employee whose ability to perform his/her required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with the consent of the appointing power, demotion may be made to a vacant position. No employee shall be demoted to a position for which he/she does not possess the minimum qual ifications. Demotions shall be made in conformance with paragraph 12.6.

12.4 Suspension
The appointing power may, after review with the Personnel Officer, suspend an employee from his position at any time for a disciplinary purpose. Suspension withou t pay shall not exceed 30 calendar days, nor shall any employee be penalized by suspension for more than 30 calendar days in any fiscal year. Department heads may suspend a subordinate employee for not more than three working days at any one time, and not more than once in a 30 calendar day period. The City Manager may suspend an employee for up to 30 calendar days in any fiscal year. Suspensions shall be made in conformance with paragraph 12.6 below.

12.5 Reinstatement
With the approval of the appoi nting power and the Personnel Officer, a permanent or probationary employee who has resigned with a good record may be reinstated within one year of the effective date of resignation to a vacant position in the same or comparable class. Upon reinstatement , former service credit with the City shall be restored for the purpose of determining appropriate vacation accrual rate, number of vacation hours retainable, compensation percentage for unused sick leave pay -out at termination and seniority order for redu ction in force provisions. Sick leave balance will not be restored and for all other purposes the employee shall be considered as though he/she had received an original appointment.

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20 12.6 Pre-Disciplinary Hearing Procedures
Prior to taking disciplinary action against a permanent employee, the appointing authority will:

A. Serve the employee with a notice of the proposed action and the reasons for it.

B. Provide a copy of the charges and materials upon which the action is based to the employee.

A copy of items covered in 12.6 "A" and "B" will be immediately forwarded to the Personnel Officer. The employee has the right to respond verbally or in writing to the appointing authority initially imposing the discipline prior to the disciplinary action being taken. In order to exercise this right, the employee must respond within three working days of the date of being informed of the proposed action. The employee may appeal a final decision of the appointing authority if provided for in the Personnel Rules and Regulations.

For the purposes of paragraph 12.6, "disciplinary action" shall be defined as salary step reduction, suspension, demotion or dismissal. "Appointing authority" shall, for the purposes of this section, be defined as department head for any suspension of three days or less, and as City Manager for any suspension of more than three days, demotion or dismissal.

Disciplinary action may be taken without regard to the provisions of 12.6 under extraordinary or emergency circumstances with the approval of the City Manager.

12.7 Disciplinary Action--Police Officers
When disciplinary action is being considered against a Police Officer, those City employees and/or officials investigating or considering such disciplinary action shall be cogni zant of and follow provisions of the State Government Code pertaining to the investigation and discipline of Police Officers.

12.8 Just Cause For Discipline
The following list of causes are provided as a guideline for supervisors, department heads and em ployees as to what may constitute the proper basis for disciplinary action. Just cause for discipline may include but not be limited to the following:

A. Absence from duty without approval including: abandonment of position; abuse of sick leave; neglect of duty; failure to keep required work hours.

B. Failure to adhere to or comply with approved operational or safety guidelines including:
unauthorized use of time, equipment or material; unauthorized use of City property, funds, and records.

C. Being u nder the influence of any illegal drug, narcotic or alcoholic beverage during working hours.

D. Acts which in the determination of the City Manager reflect negatively on the operation of the City including: dishonesty; insubordination; fraud, misrepresentation, false information in securing appointment or promotion; any form of intentional harassment.

E. Intentional abusive treatment of a citizen, supervisor, or fellow employee.

F. Conviction of a serious criminal offense, which in the determination of the City Manager

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21 reflects negatively on the City.

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22 SECTION 13.0 SEPARATION FROM THE SERVICE

13.1 Discharge
An employee may be discharged at any time by the appointing power for good and sufficient cause. The proposed discharge will be reviewed with the Personnel Officer prior to implementation. Discharges shall be made in conformance with paragraph 12.6.

13.2 Discharge--Unclassified Management Personnel
An employee in the unclassified management service may be discharged at any time by the City Manager. In lieu of discharge, the unclassified management employee may be permitted by the City Man ager to resign.

Prior to the effective resignation date, the City Manager may assign the unclassified manager duties other than his/her normal duties for a period of time not to exceed three months. The decision of the City Manager shall be final with no right of appeal.

13.3 Reduction in Force

A. Purpose: To establish layoff procedures to be implemented when the City determines that a reduction in force is to be accomplished in City departments, because of a change in duties or organization, abolition of position(s), shortage of work or funds, or the completion of work.

B. Order of Layoff : When one or more employees in the same classification in a City department are to be laid off, the order of layoff shall be as follows:

1. Provisional workers in inverse order of seniority.

2. Probationary workers in inverse order of seniority.

3. Permanent workers in inverse order of seniority.

Should two or more employees in the same classification, with the same status (1, 2, or 3 above) have equal seniority, the order of layoff shall be determined by superiority in performance as documented on the employee's performance evaluation(s). If there are no performance evaluations, or such evaluations are essentially equal, the order of layoff shall be in inverse order of ranking on the eligibility list.

C. Seniority Defined : Length of paid employment with the City of Campbell in a regular classification(s) in position(s) with permanent status. Seniority shall be retained but not accrued during any period of leave without pay. Time served as a probationary employee in a regular classification(s) in permanent position(s) shall be included in determining seniority.

Time spent serving in an acting capacity in a higher classification , following a formal appointment approved by the City Manager's Office, shall be counted when determining seniority should the employee later be permanently appointed to that higher classification. To count as time "in class," the acting appointment must have been on a full-time, continual basis for a minimum of three (3) months, and must have had a salary differential paid for the term of the assignment.

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23 13.3 Reduction in Force (continued)

D. Notification: Employees to be laid off shall be given writt en notification of such action (including a copy of this section of the Personnel Rules and Regulations). Whenever possible, such notification shall be given a minimum of twenty (20) working days prior to the effective date of the layoff. Upon request, a n employee so notified shall have the opportunity to meet with City representatives to discuss the circumstances requiring the layoff.

E. Reassignment in Lieu of Layoff : Within five (5) working days of notification of layoff, employees who wish to be reassigned in lieu of layoff will notify the City of their intention to exercise one of the following options:

1. Vacancies: An employee shall be allowed to transfer to a vacant position either in the same classification, or in a lateral or lower classifica tion in which the employee has held permanent status in the same or a different department. The requirement that the employee(s) have held permanent status in that classification may be waived if the appointing power certifies that the employee has the ne cessary education, experience and training for that position.

2. Displacement: An employee shall be allowed to return to (a) a lateral or lower classification in his/her current department providing the employee previously held permanent status in that c lassification, or (b) a lateral or lower classification in another department in which the employee previously held permanent status, providing that the employee served no less than six (6) months in that department.

In both (a) and (b), the employee must have more seniority (in that and higher classification(s)) than the least senior employee in that classification in the department in question.

The employee shall only have the right to displace if there are no vacancies that the employee is qualified to fill at the same or a higher level than the highest level which that employee is qualified to fill through displacement. Such reassignments are only permissible if the employee is fully qualified, trained and capable of performing all work in the new position/classification as determined by the appointing power. If the appointing power determines that the employee is not fully qualified, trained and capable of performing all the work in the new position/classification, the reasons for such a determination shall be provided in writing to the employee, who shall be given the opportunity to respond to these reasons.

F. Exceptions: Notwithstanding the foregoing, if the appointing power determines that the public interest will not be served by application of the preceding criteria, the appointing power may lay off out of seniority order on the basis of a clearly demonstrable superiority in performance and/or qualifications. In such a case, the appointing power shall notify the employee to be laid off, in writing, specifying the basis for such a determination.

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24 13.3 Reduction in Force (continued)

G. Reemployment: The names of employees laid off in accordance with provisions of this section shall be placed on a reemployment list if their servic es have been satisfactory.

Names shall be placed on a classifications reemployment list in order of seniority. In the event that a person on layoff declines reemployment to a vacant position or cannot be contacted through telephone and certified mail wit hin fifteen (15) working days, such persons' names shall be removed from the reemployment list. A reemployment list will remain in effect for two (2) years unless specifically extended, or sooner exhausted. Upon reinstatement an employee will be eligible for all benefits acquired by the employee prior to the layoff, including prior sick leave accruals (providing the employee did not receive cash payment in lieu of same), vacation accrual rate and seniority. An employee shall not receive credit for time spent on layoff in computing time for any benefit entitlement.

H. Appeals: Interpretations of the provisions of this section may be appealed through the grievance procedure in Section 20.0 of the Personnel Rules and Regulations. Such grievances must be f iled within five (5) days of notification of the proposed action. For the purpose of appealing interpretations of this section, the steps in the grievance procedure prior to the meeting with the City Manager shall be deleted. The filing of a grievance shall not prevent the City from implementing the layoff pending final resolution of the grievance. The reasons or necessity for the layoff shall not be subject to the grievance procedure or appeal.

I. Assistance to Laid-off Employees:

1. During the notifi cation period, the City will provide a reasonable amount of paid time off --as approved by the Department Head so as not to be disruptive to departmental operations--for the employee to seek other employment.

2. The City's Personnel Services Division will provide in-house assistance in the areas of resume preparation and typing, benefit counseling, and public sector job vacancy information.

13.4 Resignation
An employee wishing to leave City service in good standing shall file with the appointing power a written resignation stating the effective date and reasons for leaving at least two weeks before leaving the service, unless such time limit is waived by such official. Failure to give notice as required by this rule may be cause for denying future employment by the City.

13.5 Separation Date
Upon termination, the effective separation date shall be the last day on the City payroll.

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25 SECTION 14.0 REPORTS AND RECORDS

14.1 Roster Cards
The Personnel Officer shall maintain a service or roster car d for each employee in the service of the City showing the name, social security number, birth date, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent.

14.2 Change of Status Reports
Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Personnel Officer. Copies of such personnel transactions shall be provided for t he Human Resources Division, the Finance Department, and the affected department.

14.3 Destruction of Records
Roster and payroll records shall be kept permanently. All other records relating to personnel, including correspondence, applications, examinations and reports may be destroyed pursuant to the Government Code of the State of California. Any temporary record may be destroyed at any time with the consent of the City Council and the City Attorney.

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26 SECTION 15.0 COOPERATION

15.1 Cooperation of Municipal Officers and Employees
Every officer and employee of the City of Campbell shall cooperate with the Personnel Officer in order to completely fulfill the objectives and purposes of the Personnel Ordinance and these rules.

15.2 Applications of Rules
These rules shall apply to all departments in the City service. Any department head with the approval of the City Manager may establish special rules of that department to meet the needs of the department or any of its divisions, so long as said rules and regulations are consistent with and do not conflict with the Personnel Rules and Regulations as set forth herein.

15.3 Gifts and Payments
No employee shall receive any compensation for any service performed with his/her duties as a City employee from any source other than the City of Campbell.

15.4 Directives
Unless just cause can be given, any employee who fails to comply with any reasonable directive by a superior to whom he/she is responsible shall be subject to disciplinary action.

15.5 Financial Affairs
Employees shall so arrange their personal financial affairs so that credit and collection agencies will not have to make use of the offices of the City. Failure to conduct private financial affairs in a manner so as not to negatively affect job performance or the operations of the City may be grounds for disciplinary action.

15.6 Notification of Address
Employees shall notify the Personnel Officer of any change of address or telephone number within ten days.

15.7 Official Personnel Files
The only official personnel files of the City will be those maintained by the Personnel Officer. Any other files shall have no official status.

15.8 Substance Abuse
It is the responsibility of all employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. With regard to this responsibility, it is in the best interest of the City, its employees, and the public to insure that employees do not appear for work un der the influence of drugs or alcohol, or possess, use, or sell illegal substances or alcohol while at work. Such conduct is prohibited since it is likely to result in reduced productivity, an unsafe working environment, poor morale, increased potential liability to the City and possible criminal charges. "Under the influence of drugs" means the use of any illegal substance or misuse of a prescribed drug in a manner and to a degree that impairs the employee's work performance and/or the ability to use Cit y property or equipment safely. The City encourages and will support employees who seek assistance with substance abuse problems as early as possible by utilizing the employee assistance program provided through the City or a program of their choice. Emp loyees who have been counseled by their supervisor and do not seek assistance or do not correct drug or alcohol problems after participating in an assistance program, may be subject to disciplinary action. Where there is reasonable cause to believe an emp loyee is under the influence of drugs or alcohol and is unable to effectively and safely perform his/her job duties, the City may require a medical examination on City time and at City expense.

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27 PART III – TOTAL COMPENSATION

SECTION 16.0 ATTENDANCE AND LEAVES

16.1 Purpose of Annual Vacation Leave
The purpose of annual vacation leave is to enable each eligible employee to return to his work mentally refreshed. All employees shall be entitled to annual vacation leave with pay except the following:

A. Employees who work on a provisional basis, temporary basis, and all employees who work less than 1040 hours a year.

16.2 Vacation Accrual Rates
All employees in miscellaneous, safety and permanent part -time positions shall earn vacation cr edits as follows:

A. Miscellaneous and Safety Employees with a 40-Hour Workweek:

Years of Service (uninterrupted)

Hours Accrued
Per Pay Period

Start of year 1 through completion of
year 4:

3.38 (11 days)

Start of year 5 through completion of
year 10:

4.92 (16 days)

Start of year 11 through completion
of year 15:

5.85 (19 days)

Start of year 16 and thereafter

6.46 (21 days)

When establishing increased accrual dates, time in the military service shall not be interpreted as an interruption of service with the City.

B. Permanent Part-time Employees:

Eligible employees in permanent part -time positions which are budgeted on a one -half time basis or greater shall be credited vacation on a prorated basis.

16.3 Use of Vacation
In order to be eligible for full annual vacation, each employee shall be required to serve the equivalent of one year of continuous service with the City. After six months of continuous service, however, each employee shall be permitted to take vacation leave not to exceed one-half of the year’s allocation.

A. Use of Vacation in Lieu of Sick Leave: Accrued vacation leave may be used in lieu of sick leave, when the accrued sick leave of an employee is not enough to provide leave with pay during an illness. Such use of vacation time as sick leave shall be computed on the basis of one sick day leave equaling one working day of vacation.

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28 16.4 Vacation Scheduling, Retention of Unused Vacation, and Payout of Vacation Hours The times duri ng a calendar year at which an employee may take his vacation shall be determined by the department head with due regard for the wishes of the employee, and particular regard for the needs of the service. If the requirements of the service are such that a n employee cannot take part or all of this annual vacation in a particular calendar year, such vacation either shall be taken during the following calendar year, or paid for at the discretion of the appointing power, subject to the approval of additional f unds by the City Manager. In those years where it is impractical for classified non -management personnel to schedule a vacation, the vacation as of December 31st each year may be retained as follows:

Accrual Rate Per Pay Period
for
Employees on a 40-hour Workweek

Number of Hours Retainable

3.38 hours

192

4.92 hours

232

5.85 hours

272

6.46 hours

304

16.A CMEA Retention of Unused Vacation:

The number of retainable vacation hours, as currently specified in Section 16.4 (Vacation Scheduling, Retention of Unused Vacation, and Payout Vacation Hours) of the City’s Personnel Rules and Regulations, shall be modified as follows for all CMEA employees:

Accrual Rate Per Pay Period
for
Employees on a 40-hour Workweek

Number of Hours Retainable

3.38 hours

220

4.92 hours

250

5.85 hours

300

6.46 hours

350

Vacation hours which exceed the number of hours retainable on the last day of the pay period that contains December 31 each year will be paid out during the following February.

Management personnel may accumulate and retain their vacation leave to a maxi mum of 520 hours as of December 31 of each calendar year. This limitation may be temporarily waived by approval of the City Manager when special circumstances exist. Use of continuous vacation leave beyond 240 hours shall require approval of the appointing authority.

In the case of employees who work a 40 -hour week, when one or more holidays fall within an annual vacation leave such holidays shall not be charged as vacation leave and the vacation leave shall be extended accordingly.

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29 16.5 Vacation Pay on Separation
Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination; however, employees retiring from the City under the PERS Retirement Plan shall have the option to us e the maximum amount of the employee vacation accrual allowance prior to established retirement date providing this is not in excess of 60 working days; or to take a lump sum payoff. Payroll checks issued to employees using accrued vacation prior to retir ement would be subject to normal deductions.

A. Vacation Pay on Separation - Probationary Period: When an employee separates from service with the City during the first six months of his probationary period of employment, he shall receive vacation pay for the hours of vacation accrued to the time of separation.

16.6 Sick Leave Accrual Rate - 40-Hour Week
For all employees who work 40 hours per week, sick leave shall be accrued at the rate of one workday for each calendar month of service, and shall be accrued at the rate of 3.69 hours per pay period. Unused sick leave shall be accumulated at the ra te of 12 days a year, or one workday per month, to an unlimited total.

For all employees, upon separation from service with the City, sick leave and fraction accruals shall cease with the last full pay period and shall not be accrued on fractions thereof. Sick Leave Accrual - Permanent Part-time Employees: Permanent part -time employees shall earn sick leave on a prorated basis, based on the earning rate of a full-time employee.

16.7 Use of Sick Leave
Sick leave with pay shall be granted to all probati onary, provisional, permanent part -time and regular full-time employees. Sick leave shall not be considered as a right that allows employees its use at their discretion, but shall be allowed only in the case of necessity and actual personal sickness or di sability. The department head shall be responsible for determining that only bona fide sick leave is taken. In order to receive compensation while on sick leave, employees shall notify their immediate superior or the Personnel Officer prior to or within 4 hours of the time set to begin the workday or as may be specified by their respective department head. In order to verify the bona fide use of sick leave, an employee may be required to file a physician's certificate or personal affidavit with the depar tment head stating the reasons for the absence.

16.8 Use of Family Sick Leave
Family sick leave is provided for use in cases where the employee's presence is required elsewhere because of sickness, disability, or death of a member of his/her immediate fa mily. Such family sick leave is charged against the employee's sick leave account. The immediate family shall consist of the spouse, children, parents, brothers, sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. In each such case, the appointing power shall grant such sick leave only when, in his/her opinion, the relationship of the sick or disabled person to the employee warrants such use of sick leave.

16.9 Bereavement Leave
Bereavement leave with pay shall be granted to all probationary, provisional, permanent, part -time and regular full -time employees. Bereavement leave will not be charged against the employee's sick leave account.

Employees working a 40-hour workweek shall be granted fiv e (5) days (40 hours) for each immediate family occurrence and three (3) days (24 hours) for each other family occurrence.

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30 Immediate family shall be defined as spouse, children, parents, brothers and sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. Other family members shall be defined as the employee’s grandparents, step-children, father-in-law and mother-in-law.

16.10 Computing Sick Leave
For the purpose of computing and using sick leave, a workday shall be considered as one-fifth of the number of working or duty hours in the established 40-hour workweek for each employee.

16.11 Compensation for Unused Sick Leave
Upon termination, retirement, or death of an employee, the City shall pay for unused sick leave as follows:
5 years completed through 10 years completed service: 20% at terminal pay rate Start of year 11 through completion of year 15: 30% at terminal pay rate Start of year 16 through completion of year 20: 40% at terminal pay rate Start of year 21 and thereafter: 50% at terminal pay rate Once each year, between February 1 st and 15th, employees may request to be compensated for unused Sick Leave, according to the same service length formulas listed above, applied to current hourly salary.

Employees must retain a minimum balance of 288 hours of Sick Leave. Any payout of Sick Leave ho urs above the minimum balance will remove the remaining balance from the employee’s Sick Leave accrual account. (Example: Employee has 488 hours of Sick Leave and 16 years of service. Employee could request compensation for 200 hours of Sick Leave and w ould be paid his/her current hourly rate for 40% of the hours or 70 hours. Once compensated, employee’s Sick Leave balance would be 288 hours.)

16.12 Administrative Leave--Management Employees Only
The purpose of annual administrative leave is to provi de authorized short -term leaves of absence from the job in lieu of the many overtime hours required of management personnel, for which no monetary compensation is provided. All management employees shall be entitled to 60 hours of administrative leave with pay per calendar year.

At the beginning of each calendar year, management personnel wil l be credited with a total of 60 hours of administrative leave, which they would earn in the upcoming calendar year. New management employees will be credited with the appropriate prorated portion of this entitlement upon hire.

At the end of the calendar year, management employee s may carry over a maximum of 60 hours of administrative leave. Terminating management employees will be compensated for the balance of the ir earned administrative leave, after the balance has been reduced by the unearned portion of the calendar year.

The Classifications listed below who are members of the Executive Team will receive 80 hours of administrative leave pay per calendar year in accordance with the Personnel Rules.

Assistant City Manager
City Clerk
City Manager
Community Development Director
Deputy City Manager
Finance Director
Human Resources Manager
Information Technology Manager

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31 Police Chief
Public Works Director
Recreation and Community Services Director

At the end of the calendar year, a maximum of 80 hours of administrative leave may be carried over.

For these purposes, beginning of the calendar year means the first day of the first full pay period that begins in January and end of the calendar year means the last day of the pay period that includes December 31st.

16.13 Injury Leave
See Section 1.0--Definition of Terms.

16.14 Military Leave
Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the appointing power an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

16.15 Leave of Absence without Pay
The Personnel Officer may gran t a permanent or probationary employee leave of absence without pay for a period not to exceed one year. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval must also be in writing. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Department heads may grant a permanent or probationary employee leave of absence without pay for not to exceed one calendar week. Such leaves shall be reported to the Personnel Officer.

A. Leave of Absence Without Pay --Insurance Continuation: The City will continue insurance coverages, at the employee's request, during an employee's leave of absence without pay for no more tha n six months or a lesser period as delineated in each carrier's contract.

During this period the City will contribute its usual premium contributions on behalf of the employee for a period of no more than two months. Any additional portion of the premium normally subject to payroll deductions must be reimbursed to the City by the employee.

B. In addition to the Leave of Absence provisions outlined above, the City of Campbell will provide leaves of absence and comply with related leave provisions as manda ted by State and Federal laws.

16.16 Special Leave of Absence
Any other provisions of the Personnel Rules notwithstanding, the City Manager shall have the option at his discretion and/or at the recommendation of the department head to place an employee on special leave with or without pay pending an investigation arising from an incident in which an employee may become involved and/or for reasons of emotional instability following any such incident. The City Manager shall determine the duration and any other conditions of such leave of absence and may require the employee to be physically available to return to duty immediately upon notification by the City Manager or department head. (See Resolution 3714.)

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32 16.17 Maternity Leave
Maternity leave will be considered within the policy outlined in 16.15, Leave of Absence without Pay, and in conformance with any provisions mandated by state and/or federal law. Usage of sick leave will be allowed for that period of time the employee is off work on a physician's orders due to pregnancy -related disability.

A physician's statement concerning how long into the term of the pregnancy the employee may work is required, as well as a release by the employee's physician to return to work.

16.18 Jury Duty
An employee shall be given necessary time off without loss of pay when performing jury duty, or performing emergency civilian duty in connection with national defense. In the case of an employee performing jury duty, all fees received for this duty shall be submitted to the City. All per diem compensation shall be retained by the City. Mileage allowance and any other special compensation which may be paid will be retained by the employee. Fees paid for jury duty service on an employee's scheduled day of f will be returned to the employee. Employees shall receive no other compensation from the City except their normal salary.

16.19 Hours of Work
Employees shall work forty hours per week and the hours during which offices shall be open for business shall be determined by the City Manager.

A. Establishing the Workweek: By mutual agreement of a majority of department or division personnel and management staff, with the authorization of the City Manager and the City Council, hours of work may be established for groups of employees on the basis of (1) flex time, (2) 4/10 plan, or (3) other specially arranged working hour plans within the basic requirements of a standard 40-hour workweek.

16.20 Timecards
All departments' biweekly timecards shall be submi tted to the Finance Department in accordance with established payroll procedures.

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33 16.21 Holidays
The holidays to be observed by the City are as follows:

• January 1st - New Year's Day
• Third Monday in January - Martin Luther King, Jr. Day • Third Monday in February - Washington's Birthday
• Last Monday in May - Memorial Day
• July 4th - Independence Day
• First Monday in September - Labor Day
• Thanksgiving Day
• Day after Thanksgiving Day
• December 24th - Christmas Eve (4 hours)
• December 25th - Christmas Day

• Floating Holidays - See Addendum "A"

• Every day proclaimed by the Campbell City Council as a holiday.

Holidays falling on Saturday will be observed on Friday and holidays falling on Sunday will be observed on Monday.

Permanent, probationary, and permanent part -time employees in the classified non -management service, except members of the Police Department who are required to be on duty for 24 hour periods, shall not be required to be on duty on holidays unless the employee's services are needed and required in the interest of the public health, safety, or general welfare. In the case of the latter event, any such employee shall be entitled to overtime or compensatory time off as provided for in 16.22 and 16.23.

Classified non-management Police Department personnel regularly required to work a full duty schedule or portion thereof on a legal holiday observed by the City of Campbell shall be paid for holidays as follows:

• Non-management Police Dept. Safety Personnel: 5.4% of salary in lieu pay • Police Dept. Records/Communications Personnel: 4.8% of salary in lieu pay

Payment in two checks, separate from normal payroll checks, shall be made to eligible non -management employees in the Police Department; one in December and the other in June.

16.22 Overtime
Overtime shall be defined as that time authorized and actually worked by an employee in excess of normal weekly hours as prescribed in 16.19. Except in emergency situations as authorized by t he City Council, management employees are not eligible for overtime benefits. Classified non-management employees shall be compensated for overtime according to the following rules and regulations.

At the discretion of the department head, overtime will b e compensated by time and one -half pay or time and one-half compensatory time under the following conditions:

A. Overtime work is ordered or authorized by the eligible employee's department head.

B. Eligible classified non -management employees who are called back to work by their immediate supervisor shall be granted the following minimum paid overtime or compensatory time.

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34 Public Works non -management maintenance personnel: 3 hours paid @ time and one -half OR 4-1/2 hours compensatory time. In additi on, if the non -management Public Works maintenance employee is contacted by his/her supervisor prior to the beginning of his/her normal work day and the non-management Public Works maintenance employee is not on the City Service Center premises, the call back provision will apply.

Other miscellaneous non -management personnel: 3 hours paid @ time and one -half OR 4 -1/2 hours compensatory time.

Safety non-management personnel: 3 hours paid @ time and one-half OR, if eligible, 4-1/2 hours compensatory time.

Safety personnel: Emergencies and investigations directly related to the City of Campbell where continuous overtime extends the regular work shift for a represented employee more than one and one-half (1.5) times the number of hours of that shift (18 hours for employees scheduled to a 12 hour shift, and 15 hours for employees scheduled to a 10 hour shift) will be paid at two times the represented employee's regular rate of pay. Double overtime will not be paid for pre - planned events where no emergency exists, or in response to requests for Mutual -Aid. As per policy, all time cards are approved by the Division Commanders. Any questions or issues related to approval will be settled at the discretion of the employee's division commander.

Non-Sworn Safety personnel: Emergencies and investigations directly related to the City of Campbell where continuous overtime extends the regular work shift for a represented employee more than one and one -half (1.5) times the number of hours of that shift (18 hours for employees scheduled to a 12 hour shift, and 15 hours for employees scheduled to a 10 hour shift) will be paid at two times the represented employee’s regular rate of pay. Double overtime will not be paid for pre -planned events where no emergency exists, or in response to req uest for Mutual-Aid. As per policy, all time cards are approved by the Division Commanders. Any questions or issues related to approval will be settled at the discretion of the employee’s division commander.

C. Eligible non -management employees who are required to attend scheduled training sessions, staff meetings, or seminars which require time beyond the normal day or week, as defined in

16.19, shall be compensated with time off or pay in accordance with paragraphs 16.22/16.23.

D. Overtime pay shall not begin until the eligible employee has worked the hours required for his basic workweek, as set forth in 16.19 of these rules. All authorized paid leave time taken shall be credited as part of the basic workweek except that hours not worked, at the emp loyee's option, where those hours are charged to compensatory time off, during the employee's 40 -hour workweek and extra hours worked during that same period, totaling 40 hours, will be considered to be flexible scheduling within that workweek, and no compensatory time will be granted.

16.23 Compensatory Time
At the discretion of the department head, compensatory time shall be granted to eligible classified non-management employees. Such compensatory time is to be on a time and one -half basis except as provided for in Section 17.0 of these Rules, and will be governed by the following provisions.

A. Compensatory time earned by an employee who is required to work in excess of the normal workweek shall be recorded in actual hours worked on the employee's timecard and submitted

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35 to the Finance Department.

B. The maximum accumulation of compensatory time is as follows:

1. For employees represented by CPOA , compensatory time shall not be allow ed to accumulate in excess of 240 hours.

2. For employees represented by CPCEA, compensatory time shall not be allowe d to accumulate in excess of 190 hours.

3. For employees represented by CMEA, compensatory time shall not be allowed to accumulate in excess of 125 hours.

4. For CONF employees, compensat ory time shall not be allowed to accumulate in excess of 125 hours.

5. For employees represented by CARP, compensatory time shall not be allow ed to accumulate in excess of 75 hours.

6. CONF and those employees represen ted by CPOA, CPCEA, CMEA and CARP shall not be allowed to accumulate in excess of hours as stated above. Any compensation time earned exceeding maximum accrual hours will be paid in cash at the rate of time and one -half. An employee may exercise his/her option two times each calendar year to convert any or all accumulated compensatory time to cash.

C. Use of compensatory time must be scheduled at least 24 hours in advance with the employee's supervisor and recorded on the employee's timecard for submission to the Finance Department.

D. If possible, arrangements will be made to allow employees to use accrued compensatory time prior to termination. Otherwise, accrued comp time shall be paid off upon termination in accordance with section 553.21 of the Fair Labor Standards Act.

16.24 Unauthorized Leave
Any leave of absence from work taken without prior approval as provided for in these rules shall be without pay and shall subject the employee to dismissal or disciplinary action when the unauthorized leave is found to be unwarranted or detrimental to the service.

16.25 Salary Deduction--Employees Exempt from FLSA Overtime Provisions In accordance with City policy (Resolution 8120), should an employee who is exempt from the overtime provisions of the Fair Labor Standards Act have insufficient hours in all accrual accounts making it impossible to charge a period of absence of less than that employee's regular workday, no deduction shall be made from that employee's salary.

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36 SECTION 17.0 SPECIAL PROVISIONS FOR SPECIFIC CLASSIFICATIONS

(NOTE: 17.1 thru 17.7 apply to employees represented by Campbell Peace Officers Association)

17.1 Motorcycle Assignment Pay
Traffic enforcement officers riding motorcycles are eligible for motorcycle assignment pay.

17.2 Replacement of City-Issued Equipment--Non-management Police Department Safety Personnel The City will replace City-issued equipment which is lost by theft or circumstances beyond the control of the officer if such occurrence takes place during the time whe n the officer is on duty, and if such loss is not attributable to the personal negligence of the officer. City -issued equipment lost by theft off -duty shall be replaced if such loss is not attributable to the personal negligence of the officer. Circumsta nces surrounding such losses shall be determined through a departmental finding.

17.3 Working Out-of-Class Pay--Non-management Police Department Safety Personnel Employees assigned the responsibility of Field Training Officer shall receive 5% salary di fferential pay. This compensation will be paid for each day assigned to this function. To qualify for this pay the employee must have completed the training course for the Field Training Officer Program. Five percent (5%) working out of class pay will b e paid for the following assignments: Police Officer acting as Watch Commander for 8 hours or more; Agent acting as Watch Commander for more than 20 consecutive shifts; Sergeant acting as Lieutenant or Captain for more than 5 consecutive shifts.

17.4 POST/Educational Incentive Pay--Police Department Non-Management Public Safety Personnel The City will pay 5% incentive pay to employees possessing an Intermediate POST Certificate and 7.5% to employees possessing an Advanced POST Certificate. Prior to qual ifying for this incentive pay, an employee must have served for a minimum of two years as a Police Officer in the City of Campbell Police Department or two years as a Police Officer in another agency recognized by POST if hired by Campbell as a Police Officer. Employees receiving incentive pay for an Intermediate POST Certificate will be required to requalify on a biannual basis beginning in January 1983. Requalification will require successful completion of 3 job-related college semester units; or 3 requi red semester units toward completion of a job -related degree; or 36 employee -initiated off duty training hours; or some combination thereof, one college semester unit being equivalent to 12 training hours, during each two year period. Certification by the Department/City Manager's Office of job -relatedness must be obtained prior to the time of enrollment. Off duty viewing of CJRS films may be credited toward the required number of employee -initiated training hours. The required course work must be comple ted during the previous two calendar years in order to qualify for payment in subsequent years.

Employees with an Intermediate POST Certificate and a job -related advanced degree will have the option to meet the requalification requirement by completing a departmental/community improvement project during the two year requalification period, toward which a relatively equivalent amount of effort is evidenced. The topic of the departmental/community improvement project is to be approved by the Department/City Manager's Office in advance.

Employees with an Advanced POST Certificate will be exempted from the requalification requirement.

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37 17.4 POST/Educational Incentive Pay--Police Department Public Safety Personnel (continued)

In the event that an officer fails to complete requalification, he/she shall lose his/her incentive pay until such time as he/she has completed the requalification requirements. Upon being reinstated, the officer shall receive his incentive pay for the remaining time in h is/her 24 -month requalification period; to continue incentive pay beyond, the officer must requalify as originally scheduled based on the most recent anniversary date.

17.5 Emergency Transfer of Sick Leave--Employees Represented by Campbell Peace Officers Association The emergency transfer of sick leave from members of the CPOA to a specific member of CPOA may be granted as follows:

A. The membership of CPOA must agree that each member will contribute some amount of sick leave to a specific employee.

B. Sick leave will only be transferred in an emergency situation to cover the period from the exhaustion of sick leave by the specified employee to the time when they will become eligible for the long-term disability program.

C. Authorization will only b e granted under emergency and/or unusual circumstances where an employee has exhausted all leave time, including sick leave, vacation leave and compensatory time, and where circumstances have prevented the employee from reasonably accumulating sufficient sick leave for the illness and/or injury.

D. Sick leave which is so transferred will not be reimbursed to the members of CPOA.

E. The Police Chief will review the transfer relating to its justification and appropriateness and make a recommendation to the City Manager.

F. The City Manager will make the final determination concerning the transfer of sick leave, which will not be subject to appeal.

17.6 Meal Allowance--Employees Represented by Campbell Peace Officers Association Employees will receive a $9.00 meal allowance when required by a supervisor to work a 4 hour shift extension as a patrol field officer or on special assignment due to personnel shortage. Payment will be made through the City payroll system, following the appropriate entry on the employee's timecard.

17.7 Detective On-Call Pay
Non-management Police Department safety employees assigned to the Special Enforcement Division will receive a total of three hours straight time pay when assigned to "on -call detective" status for a weekend (48 hours or more for the period 1600 hours Friday to 0800 hours Monday). Employees assigned to other "on-call" status will be compensated at the rate of one (1) hour of straight time pay or one (1) hour of compensatory time off for each day or po rtion of a day assigned to "on -call" status. Employees called in to work from their "on -call" assignment will be compensated pursuant to Personnel Rules and Regulations, Section 16.22, Overtime, in addition to the "on-call" compensation.

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38 17.8 Bilingual Pay
CPOA represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $100 per pay period as Bilingual Pay. In order to be eligible for Bilingual Pay, the Police Chief must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community. Additionally, the employee must pass a certification test compl eted by a trained professional.

17.9 Vacation Buy Back
Employees may convert once per year, unused vacation time for payment subject to the following conditions:

1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion.

2. Any payment for accrued vacation hours will be subject to taxes as determined by law.

3. Minimum exchange will be one day.

4. All exchanges are irrevocable.

A minimum of 40 hours of vacation leave must be previously used prior to conversion.

(Note: 17.10 thru 17.13 apply to employees represented by CPCEA (Campbell Police Civilian Employees Association)

17.10 Meal Allowance--CPCEA Represented Employees
Employees represented by CPCEA will receive a meal allowance of $10.60 when required to work a shift extension of four (4) hours or more, excluding employee requested shift trades. Payment will be made through the City payroll system following the appropriate entry on the employee's timecard.

17.11 Working Out-of-Class Pay--CPCEA Represented Employees Police Records Specialists performing communication dispatching duties will receive $3.00 per hour for each majority of a one -hour period in excess of an initial one -hour period in each working day. A Police Records Specialist assigned court liaison duties for four hours or more will receive $3.00 per hour for the working -in- higher class assignment. Routine pickup or delivery of materials from courts or District Attorney's offices will not be considered court liaison duties. A Police Records Spec ialist assigned to act as Police Records Supervisor and a Public Safety Dispatcher assigned to act as Communications Supervisor for eight hours or more will receive $3.50 per hour for the working in higher class assignment. A Police Records Supervisor or Communications Supervisor assigned as Acting Division Supervisor will receive $3.50 per hour for the working in higher -class assignment. The working out of class assignment to court liaison duties or a supervisor position will be made in writing.

17.12 Trainer Pay--Police Records Specialists and Public Safety Dispatchers Police Records Specialists, Public Safety Dispatchers and Community Services Officers will receive five percent (5%) differential pay when assigned by their Supervisor to train a new e mployee for a period of time of at least 1 hour per occurrence. In order to qualify for this pay, the trainer must complete all required training logs and evaluation forms as designated by the Department. Police Records Specialists, Public Safety Dispatc hers and Community Services Officers will receive five percent (5%) differential pay for the period of time they are assigned to and actually engaged in developing training materials or designing or coordinating a training program. A minimum of one hour per occurrence must be spent in these activities to

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39 be eligible for Trainer Pay.

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40 17.13 Catastrophic Illness/Emergency Transfer of Sick Leave-- CPCEA

The emergency transfer of sick leave from members of CPCEA to an individual member of CPCEA may be granted as follows:

A. The membership of CPCEA must agree that each member will contribute some amount of sick leave to a specific employee.

B. Sick leave will only be transferred in the case of very serious illness or injury, and under emergency or unusual circumstances where an employee has exhausted all leave time, including sick leave, vacation leave and compensatory time and where circumstances have prevented the employee from reasonably accumulating sufficient sick leave for the illness or injury.

C. Sick leave will only be transferred to cover the period from the exhaustion of sick leave by the specified employee to a maximum of six month s later than the date of exhaustion of sick leave.

D. A request for emergency transfer of sick leave from members of CPCEA to an individual member of CPCEA will include the names of CPCEA members and each of their requested sick leave donation amounts.

E. Any request for emergency transfer of sick leave will be submitted to the City Manager who will make the final determination concerning the transfer of sick leave.

F. Sick leave which is transferred to an individual member of CPCEA and is used by that member will not be reimbursed to the members of CPCEA. Any sick leave transferred to a member of CPCEA by other members of CPCEA, that is not needed, will be transferred back to the members who contributed the sick leave hours in the same proportion as their contribution to the total hours contributed.

17.14 Bilingual Pay
CPCEA represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $100.00 per pay period as Bilingual Pay.

In order to be eligible for Bilingual Pay, the Police Chief must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community.

Additionally, the employee must pass a certification test completed by a trained professional.

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41 17.15 A Standby Pay
CPCEA employees who are subpoenaed to court and subsequently placed on “phone standby” during their non-work hours, will be compensated at the rate of one (1) hour of straight time pay or one (1) hour of compensatory time off for each day they are on “phone standby” status. Employees called in to court while on “phone standby” during their non -working hours will be compensat ed pursuant to Personnel Rules and Regulations, Section 16.22, Overtime

17.15 B Off Duty Contacts
Any unit member contacted while the unit member is off duty, and who is asked to provide services to the City but not directed to physically return to the w ork site shall be compensated as follows. The unit member shall receive a minimum of one -hour of pay compensated at the unit member’s based hourly rate of pay. Such pay shall only apply where the unit member performs 10 minutes of work or more. Fewer than 10 minutes of work shall be considered de minimis and not compensable. If a unit member is asked to provide services more than once within the same one -hour window of time, the total time spent providing services shall be aggregated and will be counted as part of the same one - hour period. Unit members shall record all time actually worked and shall report the time according to applicable work time reporting procedures.

17.15 C Vacation Buy Back
Employees may convert once per year, unused vacation time for payment subject to the following conditions:

1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion.

2. Any payment for accrued vacation hours will be subject to taxes as determined by law.

3. Minimum exchange will be one day.

4. All exchanges are irrevocable.

A minimum of 40 hours of vacation leave must be previously used prior to conversion.

(Note: 17.16 thru 17.22 apply to employees represented by Northern California Carpenters Regional Council)

17.16 Split Shift Differential
Public Works non -management maintenance personnel who are required to work a split shift during a regular 40-hour workweek shall receive 5% differential pay over the base salary the employee is currently receiving for the 8-hour split shift schedule.

17.17 Working Out-of-Class Pay--Public Works Maintenance Division Non-management Personnel Public Works Maintenance Division Non -management Personnel: Employees required to serve in an acting capacity in the higher classification of Lead Worker and Lighting & Traffic Signal Technician shall receive an additional $25 per day. Acting pay for the Lead Worker and Lighting & Traffic Signal Technician class will be provided for assignments of four (4) or more hours. Written authorization t o work in a higher classification will be required. Such written authorization shall be provided to the employee upon commencement of the assignment.

Employees required to serve in an acting capacity in the higher classifications of Park Maintenance Supervisor, Street Maintenance Supervisor, Equipment Maintenance Supervisor, Senior Lighting and Traffic Signal Technician shall receive an additional $30 per day for assignments of 4 hours or more and for Public

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42 Works Superintendent working 8 hours or more shall receive $35 per day.

17.18 Workers' Compensation Benefits--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel
In the event of a work related illness or injury occurring after July 1, 1984 the City will limit the employe e's sick leave liability in the first three days of leave, by prorating payment of workers' compensation benefits according to the same formula which now becomes effective on the fourth day of leave.

17.19 Standby Pay--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel
Standby assignments outside the regular work schedule shall first be made on a voluntary basis. In the absence of volunteers, the Public Works Superintendent will designate standby assignments. During the normal work week, if the need for standby is known, standby assignments will be made for the period of time from the end of the employee's normal work day until the employee's normal start time the following day. If the need for standby assignments is known by the end of the work day on a Friday, such standby assignments will be made for the following time periods:

▪ End of work day Friday to 8:00 a.m. Saturday
▪ 8:01 a.m. Saturday to 8:00 a.m. Sunday
▪ 8:01 a.m. Sunday to beginning of work day Monday

If the need for standby is expected for part of the weekend, but not the entire weekend, only that portion needed will be assigned in advance. If an upcoming assigned standby shift is no longer needed, the employee assigned to that shift will be notified no less than eight (8) hours in advance. In order to be eligible for standby assignments, employees must reside, or secure accommodation for the duration of the assignment, at a location that is no more than thirty (30) minutes travel time from the City's Service Center.

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43 17.19 Standby Pay (continued)
Standby pay shall be compensated at the rate of six (6) hours of straight time for every 24 hours of Standby assignment. Call out of employees on standby as signments shall be compensated at the regular overtime rate for hours worked in addition to the standby pay. The City may provide a vehicle to employees on standby assignment.

17.20 Meal Allowance--Public Works Maintenance Division Non-management Personnel Public Works maintenance non-management employees represented by CARP, will receive a meal allowance of $9.00 when required by a supervisor to work a three hour or longer extension of the normal shift.

Employees working such a shift extension shall schedule their meal breaks in a manner that is least disruptive to the work being performed during the shift extension, and meal breaks will not exceed fifteen minutes. Payment will be made through the City payroll system, following the appropriate entry on the employee’s timecard.

l7.21 Class B Driver's License--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel
For those employees required to maintain a Class B Driver's License, the City will reimburse the Department of Motor Vehicles fee charged to obtain or renew Class B Drivers' Licenses. As an option to reimbursement, and when the employee allows sufficient advance time, employees may request a City check to be written to pay for the DMV fee, using the normal check re quest procedure. Special interim checks will not be written for this purpose. When employees obtain the health certification required for the Class B Driver's License from City authorized physicians, the City will pay the medical exam fee. The City will not pay that portion of the DMV fee that represents the standard (Class C) fee.

17.22 Bilingual Pay – Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel
CARP represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $75 per pay period as Bilingual Pay.

In order to be eligible for Bilingual Pay, the Department Head must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community.

Additionally, the employee must pass a certification test by a trained professional.

17.23; 17.24 Reserved

(17.23 and 17.24 are reserved for future use by CARP)

(Note: 17.25 applies to Confidential employees and those employees represented by Campbell Municipal Employees Association)

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44 17.25 Working Out-of-Class Pay--Confidential Employees and Employees Represented by Campbell Municipal Employees Association
Working out -of-class pay will be paid to employees when temporarily assigned to fill a regular budgeted position above their regular classification, which has been vacated due to termination, promot ion, leave of absence, vacation, or scheduled sick leave. The employee will receive the first step of the higher classification or a minimum of 5% within the higher classification salary range and must meet the minimum qualifications of the position. 9/80 schedule or the need to cover the alternating weeks’ days off will be excluded from working higher class compensation per Administrative Policy.

17.26 Bilingual Pay for Employees Represented by Campbell Municipal Employees Association CMEA represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the community, in the course of their jobs, will receive an additional $100 per pay period as Bilingual Pay.

17.27 Catastrophic Illness/Emergency Transfer of Sick Leave or Vacation – Confidential Employees, Employees Represented by Campbell Municipal Employees Association and Management Employees

Members may donate:

• Sick Leave or Vacation hours to another employee who because of a serious injury or illness has exhausted all his/her leave time, or

• Vacation hours to another employee who is the primary caregiver for a seriously ill or injured family member and has exhausted all his/her leave time to care for the individual.

1. Sick Leave or Vacation hours will only be transferred in the case of very serious illness or injury, and under emergency or unusual circumstances where an individual has exhausted all applicable leave time and where circumstances have prevented the employee from reasonably accumulating sufficient sick leave for his/her own illness or vacation hours in the case of illness of a family member.

2. Sick Leave or Vacation will only be transferred to cover the period of time from the exhaustion of leave by the employee to a maximum of six months later.

3. Any request for the transfer of hours from the members’ group to another employee will include the names of all members of the group who wish to transfer Sick or Vacation hours and each member’s sick or vacation hours donation amounts.

4. Any request for emergency transfer of Sick Leave or Vacation hours will be submitted to the City Manager who will make the final determination concerning the transfer of sick leave or vacation hours.

5. Sick Leave or Va cation hours that are transferred to another employee will not be reimbursed to the group’s members.

17.28 Meal Allowance—Campbell Municipal Employees Association Employees represented by CMEA will receive a meal allowance of $ 15.00 when required by a supervisor or manager to work a three hour or longer extension of the ir normal shift. Employees working such a shift

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45 extension shall schedule their meal breaks in a manner that is least disruptive to the work being performed during the shift extension, and meal breaks will not exceed twenty minutes. Payment will be made through the City payroll system, following the appropriate entry on the employee’s timecard.

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46 SECTION 18.0 TRAINING OF EMPLOYEES

18.1 Responsibility for Training
The City Council encourages the training of employees. Responsibility for developing training programs for employees shall be assumed jointly by the Personnel Officer and department head. Such training programs may include courses, demonstrations, ass ignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties.

18.2 Credit for Training
Participation in the successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Personnel Officer or his delegated representative.

18.3 In-Service Training Incentive Program
As used herein, "In -Service Training" is defined as any class, training course, seminar, workshop or conference participated in by an employee while working for the City. The city will provide or support in-service training to City employees under the following conditions:

A. Tuition Reimbursement: Reimbursement will be provided for expenses incurred by employees attending accredited college courses under the following conditions:

1. All Employees: 100 percent reimbursement for tuition and req uired books to a maximum of $3000 per fiscal year f or accredited college courses for members of CMEA, CONF and MGMT units. 100 percent reimbursement for tuition and req uired books to a maximum of $2000 per fiscal year f or accredited college courses for members of CPOA and MILL units. 100 percent reimbursement for tuition and req uired books to a maximum of $1500 per fiscal year f or accredited college courses for members of CPCEA unit. Police Department Safety employees will not be eligible for tuition reimbursement for classes utilized to re -qualify under the POST/Educational Incentive Pay Program.

2. Employees represented by Campbell Municipal Employees Association may utilize t uition reimbursement for ex amination fees and related review course fees if pursuing c ertain certification programs. See Administrative Policies and Procedures - Utilization of Tuition Reimbursement for Certification Programs.

3. Management Employees:

4. Incentive Pay Program. Management employees may utilize budgeted conference allocations for additional tuition reimbursement or for work-related seminars. This utilization will require department head approval for classified management personnel, and City Manager approval for unclassified management personnel.

5. Reimbursement will be made subject to the completion and approval of the Tuition Reimbursement form and the submission of receipts and certification of successful completion of all courses.

6. Within the reimbursement limits outlin ed in 18.3A above, the cost of books and materials will

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47 be paid in full with the items remaining the property of the employee.

7. Training will be given on employee’s time. Department heads may adjust work schedules to allow employees to attend in-service training courses.

A. Seminars, Workshops, In-State Conferences: Department heads should encourage City employee attendance at semin ars, workshops or meetings of in -state conferences when such affairs are related to a departmental function or when such attendance can mutually benefit the employee and the City. Employees attending such activities with the approval of their department head will be reimbursed for all actual expenses of:

1. Transportation costs - City vehicles or reimbursement at the current Council -approved per mile rate.

2. Allowance for room and board.

3. Registration, books, fees, etc.

B. Special Training, Schooling, or Out -of-State Conferences: Special training programs, schooling, or out-of-state conferences not covered under the provisions of this Section shall be considered by the Council on the merits of the benefit to the City and the employee.

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48 PART IV - EMPLOYER-EMPLOYEE RELATIONS

SECTION 19.0 CITY EMPLOYEE ORGANIZATIONS

19.1 Employee Rights
The City recognizes the right of City employees to choose and partake in activities of employee organizations for representation in employer -employee relations as provided for in Government Code Section 3500 and the City's Employer-Employee Relations Resolution No. 6647.

19.2 Meetings and Employee Organization Activities
City employee organizations' business sessions and other activities relating to the orga nizations' business shall be accomplished at a time and place so as not to conflict with employees regular working hours.

Exceptions to the above are:

A. Meetings directly related to the meeting and conferring sessions within the scope of representation may be scheduled during working hours as provided for in the Government Code, Section 3500, Public Employee Organizations or as hereinafter amended.

B. Meetings involving City employees to resolve grievances under the grievance procedures as set forth in the City of Campbell Personnel Rules and Regulations.

C. Meetings called for and arranged by the Municipal Employee Relations Officer.

19.3 Use of City Facilities
City employee organizations may, with the prior approval of the Municipal Employee Relat ions Officer, be granted the use of City facilities during non -working hours for meetings of City employees provided space is available. All such requests shall be in writing and shall state the purpose or purposes of such meetings. The use of city equip ment, other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.

19.4 Use of City Equipment
City employee organizations may obtain copies of documents, notices, or reports by use of copying equipment for reproduction at basic cost plus overhead. Masters of the material to be copied shall be submitted to the Municipal Employee Relations Officer or his delegated representative.

19.5 Use of Bulletin Boards
Recognized City employee organizations may use portions of City bulletin boards under the following conditions:

A. All materials must be dated and must identify the organization that publishes them.

B. If an employee organization desires to install a bulletin board, the City reserves the right to determine where such bulletin board shall be placed.

C. An employee organization that does not abide by these conditions will forfeit its rights to have materials posted on City bulletin boards.

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49 19.6 Payroll Deductions - Employee Organizations
The City will authorize a payroll deduction for City employee organizations subject to the following conditions:

A. That the employee organization is formally recognized as a majority representative.

B. That the formally recognized employee organization submits to the City a certified list of membership upon acceptance as a majority representative.

C. That the request for payr oll deduction be on an individual, voluntary basis in writing on a standard payroll deduction form or a form provided by the employee organization, approved by the Municipal Employee Relations Officer.

D. That any reasonable fee charged the City for payro ll deduction activity may be assessed to the employee organization.

E. The City's responsibility to properly disburse funds withheld shall be limited to the issuance of a check to the organization involved, for the total amount withheld for a particular organization each pay period. The check so issued shall be accompanied by a detailed listing of the employees involved, including the amounts withheld. The City shall be notified of the proper payee indicating the individual and address to whom check is t o be delivered.

19.7 General Provision Regarding Americans with Disabilities Act The Americans with Disabilities Act (ADA) requires all employers to make reasonable accommodations to known disabilities of a qualified applicant or employee who is able t o perform the essential functions of the job.

A. Because the Americans with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual case by case basis, speci fic provisions of the Personnel Rules and Regulations may need to be modified on a case by case basis in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, lay -off, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

B. Employee organizations recognize that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. Appropriate employee organizations will be notified of requests for accommodations or proposed accommodations prior to implementation by the City.

C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice nor shall it be cited or used as evidence of a past practice in the grievance procedure.

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50 SECTION 20.0 GRIEVANCE PROCEDURES

20.1 Purpose of Rules

A. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

B. To afford employees individually or through recognized employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.

C. To provide that grievances shall be settled as near as possible to the point of origin.

D. To provide that appeals shall be conducted as informally as possible.

20.2 Definition, Scope and Right to File
A grievance is defined as any dispute involving the interpretation, application or alleged violation of:

A. A current Memorandum of Understanding between the City and a recognized employee organization.

B. The City's Personnel Rules and Regulations where the provision in dispute is within the scope of representation excluding, however, any provision that specifically provides that the decision of the City Manager or other C ity Official shall be final. (“excluding” language not applicable to CARP).

C. Administrative policies and procedures of the City regarding personnel matters where the procedure or policy in dispute concerns a matter within the scope of representation.

(This provision does not apply to employees represented by CPCEA (*see 1996 SEI U MOU) CPOA (see 1997 MOU), CMEA (see 1998 MOU); Management and Confidential (see 1998 Resolution).

D. Disciplinary procedures excluding discharge.

Where any of the aforementioned provisions or policies prescribes a separate appeal procedure, they shall be excluded from the procedure contained herein.

20.3 Grievance Steps

A. Step 1 : An employee who has a grievance shall bring it to the attention of his/her immediate supervisor within five w orking days of the occurrence of the act which is the basis for the dispute. If the employee and the immediate supervisor are unable to resolve the grievance at this step within five (5) working days of the date the grievance is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance to his/her department head (see 20.3.B, Step 2) which shall contain the following information:

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51 1. The name and job classification of the grievant.

2. Grievant's department and specific work site.

3. The name of the grievant's immediate supervisor.

4. A statement of the nature of the grievance including date and place of occurrence.

5. The specific provision, policy or procedure alleged to have been violated.

6. The remedies sought by the grievant.

7. The name of the individual or organization designated by the grievant to represent him/her in the processing of the grievance. However, in no event shall an employee organization other than that which formally represen ts the position occupied by the grievant be designated as the grievant's representative.

8. The signature of the grievant.

9. The date of the execution of the grievance form.

A standard grievance form shall be available through the City Manager's Office.

If mutually agreed by the department head and the employee, the department head may hold an informal meeting re the grievance prior to the submittal of the formal grievance form. If this informal meeting does not resolve the grievance, the employee will be required to submit a formal grievance form to the department head for the department head's formal decision.

B. Step 2: An employee dissatisfied with the decision of the immediate supervisor in Step 1 may submit the grievance in the manner provided ab ove to his/her department head within seven (7) working days from the date of the immediate supervisor's decision.

The department head shall respond to the grievance in writing within ten (10) working days from the date of its receipt. At the discretion of the department head the grievance may be referred to a subordinate manager above the level of the supervisor.

C. Step 3: If the employee is dissatisfied with the decision of the department head in Step 2, he/she may submit the grievance to the City Ma nager within ten (10) working days from receipt of the department head's response. The City Manager, or his designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt. Within this period, the City Man ager, at his discretion, may conduct an informal hearing involving the parties to the dispute.

D. Step 4 : If the employee is dissatisfied with the decision of the City Manager, he/she may submit the grievance to the Employee Conciliation Committee within ten (10) working days of the receipt of the City Manager's decision.

The Committee shall consist of three (3) members, one of whom shall be selected by the grievant and one by the Municipal Employee Relations Officer. Where such members are other than City employees, they shall serve without compensation and without the City bearing any obligation to reimburse the member's employer for lost time.

The third member and chairperson of the Committee shall be a representative from the State Mediation a nd Conciliation Service, or an individual acceptable to the Municipal Employee Relations Officer and the grievant. An individual, other than a State

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52 representative, chosen by the parties shall be knowledgeable in public sector relations and may be chosen from any source reasonably likely to produce such an individual, including but not limited to a labor organization or management organization. Any costs incurred through the obtaining the services of the chairperson shall be equally shared between the City and the grievant or his/her employee organization.

The Committee shall conduct a hearing on the grievance within thirty (30) calendar days from the date the grievance is filed at this step and shall render its decision within fifteen (15) working days f rom the conclusion of the hearing. The majority decision of the Committee shall be final and binding and shall only be subject to ratification by the City Council if said decision mandates an unbudgeted expenditure.

All hearings shall be conducted in an expeditious manner, with the chairperson retaining final authority to rule on procedural matters or other points which affect the length and conduct of the hearing. Court reporters and post -hearing briefs shall only be utilized upon joint agreement between the grievant and the City and shall not serve to delay the Committee's decision beyond the prescribed time limits, except by mutual agreement.

20.4 General Conditions for All Grievances

A. Any time limit set forth in paragraph 20.3 may be extended by written agreement between the parties.

B. A representative of the recognized employee organization which has been formally extended bargaining rights for the grievant's position shall be entitled to be present at any hearing held in conjunction with Steps 3 and 4 of this Grievance Procedure. In addition, at the request of the employee, the above mentioned representative shall be entitled to be present beginning at Step 2.

C. The grievant and his/her designated representative shall be entitled to utilize a reasonable amount of work time, as determined by the grievant's department head, to confer on the grievance. This reasonable amount of time shall not interfere with City operations.

D. The City Manager's Office shall serve as the central repository for all grievance records.

E. The grievance procedure will be implemented as expeditiously as possible.

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53 SECTION 21.0 RULES OF APPEAL TO CITY COUNCIL - DISMISSALS

21.1 Right of Appeal
All employees shall have the right of appeal to the City Council on the issue of dismissal except in those instances where the right of appeal is specifically prohibited by the personnel ordinance or these rules.

21.2 Method of Appeal
Appeals shall be in writing, subscribed by the appellant, and filed with th e Personnel Officer. Within five days after receipt of the appeal, the Personnel Officer shall inform each member of the City Council, the appointing power, and such other persons or officers named or affected by the filing of the appeal. The appeal shall be a written statement, addressed to the Personnel Officer explaining the reason for the appeal and setting forth therein a statement of the action desired by the appellant and reasons therefor. The formality of a legal pleading is not required.

21.3 Notice
Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal not less than ten days, nor more than thirty days from the date of filing. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing as so prescribed by the City Council.

21.4 Investigation
Upon the filing of an appeal, the City Council may make such independent investigation of the matter as it may deem necessary. The result of such investigation shall b e made a part of the record of the proceedings and the appellant shall have the right to have a reasonable time within which to answer or to present evidence in opposition to the findings of this independent investigation.

21.5 Hearings
The appellant shall appear personally, unless physically unable to do so, before the City Council at the time and place of the hearing. He may be represented by any person or attorney he may select and may at the hearing produce on his behalf relevant oral or documentar y evidence. Appellant or his representative shall state his case first, and at the conclusion opposition matter may then be presented. Rebuttal matter not repetitive may be allowed at the discretion of the City Council. Cross examination of witnesses sha ll be permitted. The conduct and decorum of the hearing shall be under the control of the City Council with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating t o evidence and witnesses. Employees in the Classified service may request in writing either a closed or open hearing.

21.6 Findings and Recommendations
The City Council shall, within ten days after the hearing concludes, certify its findings and recom mendations in writing to the appellant and to the person, officer or body from whose action the appeal was taken. The person, officer or body from whose action the appeal was taken shall review the findings and recommendations of the City Council and the City Council may then affirm, revoke or modify the action taken as in its judgment seems warranted and the action taken shall be final. Any member of the City Council may submit a minority or supplemental finding and recommendation.

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54 PART V - MISCELLANEOUS

SECTION 22.0 EMERGENCY PREPAREDNESS

22.1 Emergency Preparedness

Pursuant to the City of Campbell's Disaster Preparedness Program - Campbell Municipal Code, Ordinance No. 809:

A. All department heads shall assign each employee an emergency disaster function.

B. Department heads are responsible for making such preparations as are necessary to insure the continuation of essential municipal services in the event of a war -caused or natural disaster.

C. The City Manager is the City's Emergency Preparedness Director and shall be responsible for planning and coordinating the City's overall emergency preparedness activities.

SECTION 23.0 COURT APPEARANCES

23.1 Employees - Civil Trials
When a police officer or other employee of the C ity is subpoenaed for civil trials related to the performance of official duties, the person issuing the subpoena shall deposit with the City Clerk the required deposit prior to securing the subpoena. After the employee notifies Finance of the time spent at court, the deposit will be dispersed. If the employee has attended court fully on City time, the City shall retain the entire reimbursement. If the employee subpoenaed attends fully on his/her time, he/she shall receive the entire reimbursement. If the time spent in court is partially on City time and partially the employee's time, the City shall be reimbursed the employee's hourly wage plus benefits while on City time and the remainder of the fee will go to the employee.

SECTION 24.0 OUTSIDE EMPLOYMENT

24.1 Outside Employment - Non-management Personnel
Full-time City employees will be allowed to engage in off -duty employment if such secondary employment meets the following standards:

A. Outside occupations shall be legal in charact er and not degrading to the City or employee.

The type of work undertaken must not create a conflict of interest with the employee’s City job.

24.1 – Outside Employment – Non-management Personnel (continued)

A. Outside work must not be demanding on the employee and carry over into his/her regular duties by making contacts, either personal or by telephone, the following day.

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55 B Outside work must not leave the employee tired or subject to injury on his regular job.

C. Outside employment m ust be such that no problem arises as to the municipal responsibility for injury incurred on an outside job.

D. The supplemental job should never be allowed to interfere with the duties of a City position to the extent that the employee is not always read ily accessible in case of emergencies.

E. A supplemental employer shall be willing to agree, in writing, that an employee would be permitted to return to his/her regular duties immediately upon call.

24.2 Application for Permit to Engage in Outside Employment The basis for approval by the immediate supervisor and department head is as follows:

A. No employee will be allowed to engage in any outside employment without first filling out an off -duty employment permit which in turn is to be approved or denied by the immediate supervisor and department head. A copy of each permit approved by the department head is to be filed with the City Manager's Office.

B. Each request to engage in outside work is to be considered individually. Certain types of work which are incompatible to the department would be so designated by the department head.

24.3 Maximum Hours Permitted in Outside Employment
A ceiling on the number of hours permitted on outside work is hereby establi shed as 20 hours per week. This is considered as the maximum possible without affecting the employee's efficiency on his/her regular job.

24.4 Injuries Resulting from Outside Employment
As part of the processing of the off -duty employment permit, the employee is required to specifically waive any rights he/she would have against the City or any retirement system which the City might adopt as to disability which would be caused from or arise out of the employment for which the request is made. The employee is also required to waive any rights to Workers' Compensation benefits because of any injury or sickness caused by or arising out of the outside employment.

24.5 Outside Employment and Sick Leave
An employee whose sick leave record indicates the lack of strength to sustain both City employment and outside employment will not be allowed to engage in outside employment.

24.6 Outside Employment--Management Personnel
Management employees will be permitted to engage in secondary employ ment under the following conditions:

A. Outside occupations shall be legal in character and not degrading to the City or employee.

The type of work undertaken must not create a conflict of interest with the employee's City job or in any way decrease the effectiveness of the employee in conducting City business.

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56 B. Outside work must not be demanding on the employee and carry over into regular workday duties by making contacts, either personal or by telephone, during City working hours.

C. Outside work m ust not leave the employee tired or subject to injury on his/her regular job.

D. Outside employment must be such that no problem arises as to the municipal responsibility for injury incurred on an outside job.

E. The secondary job should never be allowed to interfere with the duties of a City position to the extent that the employee is not always readily accessible in case of emergencies.

F. A secondary employer shall be willing to agree, in writing, that an employee would be permitted to return to his/her regular duties immediately upon call.

G. All rules pertaining to outside employment as outlined in paragraphs 24.3, 24.4, and 24.5 shall also apply to management employees who are granted permission to engage in secondary employment.

H. Outside Employ ment Permits for unclassified management employees will require the approval of the City Manager. Permits for classified management employees will require department head approval with a copy of the approved permit filed with the City Manager's Office.

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57 SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS

25.1 Reimbursement Policy
Damage to personal effects required by the City while in the line of duty will be reimbursed by the City upon recommendation of the individual's immedi ate supervisor and the department head, as well as approval by the Personnel Officer or his designated representative. The prior condition of the damaged item should be considered in determining the amount of reimbursement. Guidelines have been developed which will assist employees, department heads and supervisors in processing claims under this policy. They may be obtained from the Personnel Division.

25.1 Reimbursement Policy (continued)

A. Damage to personal effects not required by the City woul d be allowed under the same conditions as outlined in the preceding portion of paragraph 25.1.

B. No costs should be incurred by the City when it has been demonstrated that loss or damage was due to personal negligence.

C. No costs should be incurred by the City in an unreasonable amount. For example, if an employee loses a $300 wristwatch while in the line of duty, it would not be reasonable for the City to reimburse him in this amount inasmuch as he did not exercise good judgment in wearing an expensive instrument on a job that has certain hazards connected with it.

D. Definition of Personal Effects: Those items worn or carried by the employee in the line of duty.

SECTION 26.0 CITY VEHICLES AND DRIVERS

26.1 Use of City Vehicles and Equipment
Except in case of emergency or Council authorization, a City vehicle is to be driven only by City employees.

City vehicles and equipment shall, under no circumstances, be used by any employee or citizen for other than official business. Violation of this policy will be cause for strict disciplinary action.

26.2 Employee Driving Habits
Every employee driving a City vehicle shall obey all traffic regulations and display road courtesy at all times.

26.3 Motor Vehicle License
If the primary duty of the employee is the driving of City vehicles on public streets, then he shall carry at all times a valid and appropriate Motor Vehicle Operator's License.

26.4 California Vehicle Code Restrictions
All City employees who d rive City vehicles are subject to the provisions of Sections 21052 -21057 of the California Vehicle Code. It is the responsibility of each City employee who drives a City vehicle to be familiar with these Vehicle Code Sections so he can act accordingly.

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58 26.5 Pool Cars
Pool cars are to be stored at areas designated by the City Manager when not in use. Authorized personnel may not take a pool car home except in the case of an evening meeting or an early morning meeting or assignment. Employees will not be permitted to take city vehicles home for night meetings if a 10 -mile roundtrip maximum would be exceeded.

26.6 Use of Personal Vehicle for City Business
Employees using their personal vehicles for City business will receive an auto allowance or mileage reimbursement. Mileage reimbursement will only be granted if a pool car was not available or special authorization was granted.

26.7 City Vehicles and Employees on Standby Basis
City vehicles assigned to employees on a standby bas is are not to be left unused at the employee's home longer than a 48 hour period. In such cases, City vehicles are to be left at the Corporation Yard or City Hall and, if necessary, they are to be reassigned to the immediate supervisor for use by an alternate City employee until the return to work by the City employee originally assigned the vehicle.

26.8 Procedure for Accidents
Employees driving City vehicles involved in accidents resulting in property damage or injury shall immediately do the following:

A. Promptly notify your supervisor.

B. If necessary, notify the law enforcement agency in whose jurisdiction the accident occurred.

C. Comply with the California Vehicle Code.

Notification of an accident shall be promptly reported to the Finance Department so that the insurance company may be notified. Two copies of all accident reports involving City equipment shall be forwarded to the Finance Department as soon as possible.

26.9 Service of City Vehicles
All City vehicles and equipment should be serviced at the City's Service Center in accordance with City policy.

26.10 Mileage for Evening Meetings
Employees who are authorized to use their private cars to attend an evening meeting at City Hall and who live within the city limits of Campbe ll, shall be reimbursed at the current per mile rate as designated by the City Council. Employees who are required to attend an evening meeting at City Hall but who live outside city limits, shall be reimbursed at said rate with a maximum allowable charge of ten miles for the round trip.

26.11 Mileage for Out-of-Town Meetings
Employees who are authorized to use their private cars to attend out -of-town meetings shall be reimbursed at the current designated rate to be computed from the City Hall or home of the employee, whichever is the shortest distance. For trips which are in excess of a 125 mile radius, the employee will be reimbursed at the rate equivalent to the current and prevailing first-class air fare as of the date of said travel.

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59 26.12 Mileage for Employee's Car on City Business
An employee authorized to use his own car for City business will be reimbursed at the mileage or flat rate established by the City Council. Mileage reimbursement will only be provided to those persons who have previously submitted proof of insurance coverage to the Finance Department.

26.13 Seat Belts
Employees shall fasten seat belts on entering City vehicles. Failure to take such safety precautions may result in disciplinary action.

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60 ADDENDUM "A"

I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP

Campbell Municipal Employees Association
The calendar year entitlement for those employees represented by the Campbell Municipal Employees Association is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire.

Campbell Police Civilian Employees Association
The calendar year total holiday pay entitlement is 4. 8% of salary in lieu pay. In addition, represented employees receive two (2) Floating Holidays per calendar year to be taken as days off. New employees receive the appropriate prorated portion of this entitlement upon hire.

Northern California Carpenters Regional Council
The calendar year entitlement for tho se employees represented by CARP is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire.

Management Employees
The calendar year entitlement for management employees is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire.

Confidential Employees
The calendar year entitlement for confidential employees is five and one -half (5 -1/2) days. New employees receive the appropriate prorated portion of this entitlement upon hire.

II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS

Floating Holidays must be used during the calendar year in which they are granted, and may be utilized in conjunction with annual vacation leave. For these purposes, the beginning of the calendar year means the first day of the first pay period that begins in January and the last day of the calendar year means the last day of the pay period that contains December 31 st. All Floating Holiday leave time must be scheduled with the employee's supervisor at least 24 hours in advance and cannot be disruptive of departmental operations.

Floating Holiday time shall have no monetary value upon termination of employment unless a terminating employee has taken more than the proportionate share to which he/she is entitled p rior to the termination date. The formula for determining the proportionate amount of Floating Holidays remaining in a calendar year shall be one Floating Holiday for each three months remaining in the calendar year. The value of a Floating Holiday shall be the same as one day of vacation, and if used but not earned, it will be adjusted for on the employee's closing check.

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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules) RESOLUTION NO. _____

A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS

FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE

EMPLOYEE ORGANIZATION ENUMERATED BELOW

WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code req uires the City Manager to prepare and submit an annual salary plan to the City Council for its approval; and

WHEREAS, the Campbell Municipal Emp loyees Associat ion is a recognized employee organization representing employees; and

WHEREAS, the City of Camp bell’s negotiation team and the Campbell Municipal Employees Association have reached a tentative agreement on the terms of a successor Memorandum of Understanding; and

WHEREAS, the successor Memorandum of Understanding and the annual s alary plan have been presented to the City Co uncil for consideration and ratification and are each attached hereto and made a part hereof; and

WHEREAS, the City of Campbell has satisfied its obligation under Government Code Section 3500, et. seq., and the City of Campbell’s Employer-Employee Relations resolution 10016 to me et and confer over the te rms and conditions of employment contained in the recommended successor Memorandum of Understanding with the Campbell Municipal Employees Association; and

WHEREAS, the successor Memorandum of Understanding for s alaries, benefits and working conditions ha s been approved and executed by the authorized representatives of the Campbell Municipal Employees Association and City Council representatives; and

WHEREAS, the City Council of the City of Campbell desires to ra tify and adopt the provisions included in the successor Memorandum of Understanding.

BE IT FUTHER RESOLVED that the terms and conditions of t he successor Memorandum of Understanding shall be in full for ce and effect from the date of the C ity Council adoption through June 30, 2025, except as specified other wise in the Memorandum of Understanding; and

BE IT FUTHER RESOLVED that it is not the int ent of this City Council in appro ving the successor Memorandum of Understanding to change, modify, or repeal in any way any of the existing provisions of the City of Campbell Personnel Rules and Regulations; and

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Attachment: Resolution CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules) FINALLY, BE I T FURTHER RESOLVED that the City Appoint ing Power and the Human Resources Manager have the aut hority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED AND ADOPTED this 16th day of August, 2022, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

Paul Resnikoff, Mayor

ATTEST:

Andrea Sanders, City Clerk

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Attachment: Resolution CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

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Attachment: CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

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Attachment: CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

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Attachment: CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

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Attachment: CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

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Attachment: CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

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Attachment: CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

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Attachment: CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

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Attachment: CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

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Attachment: CMEA MOU 2022-2025 (Approval of MOU's and Unrepresented Agreements and Salary Schedules) Effective: 7/11/2022

CLASS CD JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5
3180 ACCOUNTANT CME10 CMEA Hourly 49.91 52.37 55.01 57.76 60.64 Bi-Weekly 3,992.80 4,189.60 4,400.80 4,620.80 4,851.20 Monthly 8,651.07 9,077.47 9,535.07 10,011.73 10,510.93 Annual 103,812.80 108,929.60 114,420.80 120,140.80 126,131.20 3355 ACCT CLERK II CME28 CMEA Hourly 41.29 43.32 45.47 47.77 50.11 Bi-Weekly 3,303.20 3,465.60 3,637.60 3,821.60 4,008.80 Monthly 7,156.93 7,508.80 7,881.47 8,280.13 8,685.73 Annual 85,883.20 90,105.60 94,577.60 99,361.60 104,228.80 3417 ACCT CLK I CME38 CMEA Hourly 35.00 36.78 38.62 40.57 42.57 Bi-Weekly 2,800.00 2,942.40 3,089.60 3,245.60 3,405.60 Monthly 6,066.67 6,375.20 6,694.13 7,032.13 7,378.80 Annual 72,800.00 76,502.40 80,329.60 84,385.60 88,545.60 3151 ADMIN ANALYST I CME07 CMEA Hourly 54.44 57.20 60.04 63.00 66.22 Bi-Weekly 4,355.20 4,576.00 4,803.20 5,040.00 5,297.60 Monthly 9,436.27 9,914.67 10,406.93 10,920.00 11,478.13 Annual 113,235.20 118,976.00 124,883.20 131,040.00 137,737.60 3125 ASSIST ENGR CME03 CMEA Hourly 57.09 59.94 62.94 66.08 69.42 Bi-Weekly 4,567.20 4,795.20 5,035.20 5,286.40 5,553.60 Monthly 9,895.60 10,389.60 10,909.60 11,453.87 12,032.80 Annual 118,747.20 124,675.20 130,915.20 137,446.40 144,393.60 3126 ASSISTANT ENGINEER (PPT) CME43 CMEA Hourly 57.09 59.94 62.94 66.08 69.42 Bi-Weekly 4,567.20 4,795.20 5,035.20 5,286.40 5,553.60 Monthly 9,895.60 10,389.60 10,909.60 11,453.87 12,032.80 Annual 118,747.20 124,675.20 130,915.20 137,446.40 144,393.60 3124 ASSOC CIVIL ENGR CME02 CMEA Hourly 64.42 67.65 71.06 74.59 78.34 Bi-Weekly 5,153.60 5,412.00 5,684.80 5,967.20 6,267.20 Monthly 11,166.13 11,726.00 12,317.07 12,928.93 13,578.93 Annual 133,993.60 140,712.00 147,804.80 155,147.20 162,947.20 3190 ASSOCIATE PLANNER CME14 CMEA Hourly 58.50 61.41 64.46 67.71 71.09 Bi-Weekly 4,680.00 4,912.80 5,156.80 5,416.80 5,687.20 Monthly 10,140.00 10,644.40 11,173.07 11,736.40 12,322.27 Annual 121,680.00 127,732.80 134,076.80 140,836.80 147,867.20 3290 ASSISTANT PLANNER CME23 CMEA Hourly 50.06 52.56 55.19 57.96 60.83 Bi-Weekly 4,004.80 4,204.80 4,415.20 4,636.80 4,866.40 Monthly 8,677.07 9,110.40 9,566.27 10,046.40 10,543.87 Annual 104,124.80 109,324.80 114,795.20 120,556.80 126,526.40 3150 BLDG INSPECTOR CME06 CMEA Hourly 55.34 58.10 61.01 64.06 67.29 Bi-Weekly 4,427.20 4,648.00 4,880.80 5,124.80 5,383.20 Monthly 9,592.27 10,070.67 10,575.07 11,103.73 11,663.60 Annual 115,107.20 120,848.00 126,900.80 133,244.80 139,963.20 3305 BLDG MNT LEAD WKR CME24 CMEA Hourly 46.22 48.53 50.93 53.52 56.21 Bi-Weekly 3,697.60 3,882.40 4,074.40 4,281.60 4,496.80 Monthly 8,011.47 8,411.87 8,827.87 9,276.80 9,743.07 Annual 96,137.60 100,942.40 105,934.40 111,321.60 116,916.80 3338 BLDG MNT WKR CME25 CMEA Hourly 42.02 44.16 46.34 48.65 51.13 Bi-Weekly 3,361.60 3,532.80 3,707.20 3,892.00 4,090.40 Monthly 7,283.47 7,654.40 8,032.27 8,432.67 8,862.53 Annual 87,401.60 91,852.80 96,387.20 101,192.00 106,350.40 3187 CODE ENF OFCR CME13 CMEA Hourly 51.80 54.38 57.09 59.96 62.94 Bi-Weekly 4,144.00 4,350.40 4,567.20 4,796.80 5,035.20 Monthly 8,978.67 9,425.87 9,895.60 10,393.07 10,909.60 Annual 107,744.00 113,110.40 118,747.20 124,716.80 130,915.20

CITY OF CAMPBELL

POSITION CLASSIFICATION - CMEA
FY 22/23 - SALARY SCHEDULE

STEP RANGES
Range
[Page]1

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Attachment: City of Campbell Salary Schedule 08102022 (CMEA) (Approval of MOU's and Unrepresented Agreements and Salary Schedules) Effective: 7/11/2022

CLASS CD JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5

CITY OF CAMPBELL

POSITION CLASSIFICATION - CMEA
FY 22/23 - SALARY SCHEDULE

STEP RANGES
Range
3153 COMM & PUBLIC ENGAGEMENT COORD CME53 CMEA Hourly 53.30 55.97 58.77 61.70 64.79 Bi-Weekly 4,264.00 4,477.60 4,701.60 4,936.00 5,183.20 Monthly 9,238.67 9,701.47 10,186.80 10,694.67 11,230.27 Annual 110,864.00 116,417.60 122,241.60 128,336.00 134,763.20 3345 DPTY CITY CLERK CME26 CMEA Hourly 41.56 43.63 45.82 48.07 50.49 Bi-Weekly 3,324.80 3,490.40 3,665.60 3,845.60 4,039.20 Monthly 7,203.73 7,562.53 7,942.13 8,332.13 8,751.60 Annual 86,444.80 90,750.40 95,305.60 99,985.60 105,019.20 3194 ECONOMIC DEVELOPMENT SPECIALIST CME54 CMEA Hourly 40.98 43.04 45.19 47.44 49.82 Bi-Weekly 3,278.40 3,443.20 3,615.20 3,795.20 3,985.60 Monthly 7,103.20 7,460.27 7,832.93 8,222.93 8,635.47 Annual 85,238.40 89,523.20 93,995.20 98,675.20 103,625.60 3372 ENGR AIDE I CME33 CMEA Hourly 38.42 40.35 42.38 44.50 46.73 Bi-Weekly 3,073.60 3,228.00 3,390.40 3,560.00 3,738.40 Monthly 6,659.47 6,994.00 7,345.87 7,713.33 8,099.87 Annual 79,913.60 83,928.00 88,150.40 92,560.00 97,198.40 3287 ENGR AIDE II CME22 CMEA Hourly 43.63 45.80 48.11 50.50 53.03 Bi-Weekly 3,490.40 3,664.00 3,848.80 4,040.00 4,242.40 Monthly 7,562.53 7,938.67 8,339.07 8,753.33 9,191.87 Annual 90,750.40 95,264.00 100,068.80 105,040.00 110,302.40 3225 ENGR TECH I CME18 CMEA Hourly 45.66 47.91 50.30 52.84 55.48 Bi-Weekly 3,652.80 3,832.80 4,024.00 4,227.20 4,438.40 Monthly 7,914.40 8,304.40 8,718.67 9,158.93 9,616.53 Annual 94,972.80 99,652.80 104,624.00 109,907.20 115,398.40 3130 ENGR TECH II CME04 CMEA Hourly 51.73 54.33 57.05 59.89 62.88 Bi-Weekly 4,138.40 4,346.40 4,564.00 4,791.20 5,030.40 Monthly 8,966.53 9,417.20 9,888.67 10,380.93 10,899.20 Annual 107,598.40 113,006.40 118,664.00 124,571.20 130,790.40 3195 ENVIRONMENTAL PRGMS SPECIALIST CME55 CMEA Hourly 40.39 42.42 44.53 46.76 49.11 Bi-Weekly 3,231.20 3,393.60 3,562.40 3,740.80 3,928.80 Monthly 7,000.93 7,352.80 7,718.53 8,105.07 8,512.40 Annual 84,011.20 88,233.60 92,622.40 97,260.80 102,148.80 3152 EXEC ASSISTANT (PPT) CME46 CMEA Hourly 41.56 43.63 45.82 48.07 50.49 Bi-Weekly 3,324.80 3,490.40 3,665.60 3,845.60 4,039.20 Monthly 7,203.73 7,562.53 7,942.13 8,332.13 8,751.60 Annual 86,444.80 90,750.40 95,305.60 99,985.60 105,019.20 3350 EXECUTIVE ASST CME27 CMEA Hourly 41.56 43.63 45.82 48.07 50.49 Bi-Weekly 3,324.80 3,490.40 3,665.60 3,845.60 4,039.20 Monthly 7,203.73 7,562.53 7,942.13 8,332.13 8,751.60 Annual 86,444.80 90,750.40 95,305.60 99,985.60 105,019.20 3905 HCD COORDINATOR (PPT) CME39 CMEA - - - - - 3181 IT ADMINISTRATOR CME11 CMEA Hourly 63.33 66.50 69.82 73.31 76.98 Bi-Weekly 5,066.40 5,320.00 5,585.60 5,864.80 6,158.40 Monthly 10,977.20 11,526.67 12,102.13 12,707.07 13,343.20 Annual 131,726.40 138,320.00 145,225.60 152,484.80 160,118.40 3182 IT TECHNICIAN CME12 CMEA Hourly 53.29 55.97 58.77 61.71 64.78 Bi-Weekly 4,263.20 4,477.60 4,701.60 4,936.80 5,182.40 Monthly 9,236.93 9,701.47 10,186.80 10,696.40 11,228.53 Annual 110,843.20 116,417.60 122,241.60 128,356.80 134,742.40 3183 IT TECHNICIAN (PPT) CME44 CMEA Hourly 53.29 55.97 58.77 61.71 64.78 Bi-Weekly 4,263.20 4,477.60 4,701.60 4,936.80 5,182.40 Monthly 9,236.93 9,701.47 10,186.80 10,696.40 11,228.53 Annual 110,843.20 116,417.60 122,241.60 128,356.80 134,742.40 [Page]2

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Attachment: City of Campbell Salary Schedule 08102022 (CMEA) (Approval of MOU's and Unrepresented Agreements and Salary Schedules) Effective: 7/11/2022

CLASS CD JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5

CITY OF CAMPBELL

POSITION CLASSIFICATION - CMEA
FY 22/23 - SALARY SCHEDULE

STEP RANGES
Range
3262 JUNIOR ENGR CME21 CMEA Hourly 50.37 52.86 55.49 58.27 61.17 Bi-Weekly 4,029.60 4,228.80 4,439.20 4,661.60 4,893.60 Monthly 8,730.80 9,162.40 9,618.27 10,100.13 10,602.80 Annual 104,769.60 109,948.80 115,419.20 121,201.60 127,233.60 3369 MUSEUM COLLECTIONS SPECIALIST CME48 CMEA Hourly 29.76 31.82 33.95 36.26 38.71 Bi-Weekly 2,380.80 2,545.60 2,716.00 2,900.80 3,096.80 Monthly 5,158.40 5,515.47 5,884.67 6,285.07 6,709.73 Annual 61,900.80 66,185.60 70,616.00 75,420.80 80,516.80 3366 MUSEUM ED COORDINATOR CME30 CMEA Hourly 38.94 40.90 42.92 45.04 47.33 Bi-Weekly 3,115.20 3,272.00 3,433.60 3,603.20 3,786.40 Monthly 6,749.60 7,089.33 7,439.47 7,806.93 8,203.87 Annual 80,995.20 85,072.00 89,273.60 93,683.20 98,446.40 3915 NTR STE MGR (PPT)* CME41 CMEA Hourly 24.74 26.01 27.30 28.66 30.10 Bi-Weekly 1,979.20 2,080.80 2,184.00 2,292.80 2,408.00 Monthly 4,288.27 4,508.40 4,732.00 4,967.73 5,217.33 Annual 51,459.20 54,100.80 56,784.00 59,612.80 62,608.00 3400 OFFICE ASST CME35 CMEA Hourly 34.14 35.86 37.71 39.55 41.57 Bi-Weekly 2,731.20 2,868.80 3,016.80 3,164.00 3,325.60 Monthly 5,917.60 6,215.73 6,536.40 6,855.33 7,205.47 Annual 71,011.20 74,588.80 78,436.80 82,264.00 86,465.60 3910 OFFICE ASST (PPT)* CME40 CMEA Hourly 34.14 35.86 37.71 39.55 41.57 Bi-Weekly 2,731.20 2,868.80 3,016.80 3,164.00 3,325.60 Monthly 5,917.60 6,215.73 6,536.40 6,855.33 7,205.47 Annual 71,011.20 74,588.80 78,436.80 82,264.00 86,465.60 3401 OFFICE SPECIALIST CME36 CMEA Hourly 39.14 41.11 43.16 45.33 47.58 Bi-Weekly 3,131.20 3,288.80 3,452.80 3,626.40 3,806.40 Monthly 6,784.27 7,125.73 7,481.07 7,857.20 8,247.20 Annual 81,411.20 85,508.80 89,772.80 94,286.40 98,966.40 3403 OFFICE SPECIALIST (PPT) CME45 CMEA Hourly 39.14 41.11 43.16 45.33 47.58 Bi-Weekly 3,131.20 3,288.80 3,452.80 3,626.40 3,806.40 Monthly 6,784.27 7,125.73 7,481.07 7,857.20 8,247.20 Annual 81,411.20 85,508.80 89,772.80 94,286.40 98,966.40 3402 PERMIT TECH CME37 CMEA Hourly 40.07 42.08 44.19 46.38 48.70 Bi-Weekly 3,205.60 3,366.40 3,535.20 3,710.40 3,896.00 Monthly 6,945.47 7,293.87 7,659.60 8,039.20 8,441.33 Annual 83,345.60 87,526.40 91,915.20 96,470.40 101,296.00 3404 PLANNING TECHNICIAN CME52 CMEA Hourly 40.96 43.00 45.16 47.42 49.78 Bi-Weekly 3,276.80 3,440.00 3,612.80 3,793.60 3,982.40 Monthly 7,099.73 7,453.33 7,827.73 8,219.47 8,628.53 Annual 85,196.80 89,440.00 93,932.80 98,633.60 103,542.40 3120 PUBLIC SAFETY SYS SPEC CME01 CMEA Hourly 53.29 55.97 58.77 61.71 64.78 Bi-Weekly 4,263.20 4,477.60 4,701.60 4,936.80 5,182.40 Monthly 9,236.93 9,701.47 10,186.80 10,696.40 11,228.53 Annual 110,843.20 116,417.60 122,241.60 128,356.80 134,742.40 3155 PUBLIC WORKS INSP CME08 CMEA Hourly 55.34 58.10 61.01 64.06 67.29 Bi-Weekly 4,427.20 4,648.00 4,880.80 5,124.80 5,383.20 Monthly 9,592.27 10,070.67 10,575.07 11,103.73 11,663.60 Annual 115,107.20 120,848.00 126,900.80 133,244.80 139,963.20 3365 REC PROG COORD CME29 CMEA Hourly 43.35 45.56 47.77 50.16 52.68 Bi-Weekly 3,468.00 3,644.80 3,821.60 4,012.80 4,214.40 Monthly 7,514.00 7,897.07 8,280.13 8,694.40 9,131.20 Annual 90,168.00 94,764.80 99,361.60 104,332.80 109,574.40 [Page]3

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Attachment: City of Campbell Salary Schedule 08102022 (CMEA) (Approval of MOU's and Unrepresented Agreements and Salary Schedules) Effective: 7/11/2022

CLASS CD JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5

CITY OF CAMPBELL

POSITION CLASSIFICATION - CMEA
FY 22/23 - SALARY SCHEDULE

STEP RANGES
Range
3362 RECREATION SPECIALIST FACILITIES CME47 CMEA Hourly 29.76 31.82 33.95 36.26 38.71 Bi-Weekly 2,380.80 2,545.60 2,716.00 2,900.80 3,096.80 Monthly 5,158.40 5,515.47 5,884.67 6,285.07 6,709.73 Annual 61,900.80 66,185.60 70,616.00 75,420.80 80,516.80 3364 RECREATION SPECIALIST CME47 CMEA Hourly 29.76 31.82 33.95 36.26 38.71 Bi-Weekly 2,380.80 2,545.60 2,716.00 2,900.80 3,096.80 Monthly 5,158.40 5,515.47 5,884.67 6,285.07 6,709.73 Annual 61,900.80 66,185.60 70,616.00 75,420.80 80,516.80 3363 RECREATION SPECIALIST (PPT) CME51 CMEA Hourly 29.76 31.82 33.95 36.26 38.71 Bi-Weekly 2,380.80 2,545.60 2,716.00 2,900.80 3,096.80 Monthly 5,158.40 5,515.47 5,884.67 6,285.07 6,709.73 Annual 61,900.80 66,185.60 70,616.00 75,420.80 80,516.80 3255 RECREATION SPVSR CME20 CMEA Hourly 53.44 56.12 58.93 61.91 65.00 Bi-Weekly 4,275.20 4,489.60 4,714.40 4,952.80 5,200.00 Monthly 9,262.93 9,727.47 10,214.53 10,731.07 11,266.67 Annual 111,155.20 116,729.60 122,574.40 128,772.80 135,200.00 3193 REDEVELOPMENT COORDINATOR CME17 CMEA - - - - - 3192 SENIOR PLANNER CME16 CMEA Hourly 66.32 69.61 73.15 76.76 80.66 Bi-Weekly 5,305.60 5,568.80 5,852.00 6,140.80 6,452.80 Monthly 11,495.47 12,065.73 12,679.33 13,305.07 13,981.07 Annual 137,945.60 144,788.80 152,152.00 159,660.80 167,772.80 3178 SOCIAL MEDIA SPECIALIST (PPT) CME50 CMEA Hourly 36.90 38.77 40.71 42.74 44.88 Bi-Weekly 2,952.00 3,101.60 3,256.80 3,419.20 3,590.40 Monthly 6,396.00 6,720.13 7,056.40 7,408.27 7,779.20 Annual 76,752.00 80,641.60 84,676.80 88,899.20 93,350.40 3179 SR ACCOUNTANT CME49 CMEA Hourly 55.01 57.79 60.65 63.68 66.89 Bi-Weekly 4,400.80 4,623.20 4,852.00 5,094.40 5,351.20 Monthly 9,535.07 10,016.93 10,512.67 11,037.87 11,594.27 Annual 114,420.80 120,203.20 126,152.00 132,454.40 139,131.20 3145 SR BLDG INSP CME05 CMEA Hourly 60.11 63.19 66.33 69.66 73.14 Bi-Weekly 4,808.80 5,055.20 5,306.40 5,572.80 5,851.20 Monthly 10,419.07 10,952.93 11,497.20 12,074.40 12,677.60 Annual 125,028.80 131,435.20 137,966.40 144,892.80 152,131.20 3191 SR ENGR TECH CME15 CMEA Hourly 59.65 62.65 65.78 69.08 72.52 Bi-Weekly 4,772.00 5,012.00 5,262.40 5,526.40 5,801.60 Monthly 10,339.33 10,859.33 11,401.87 11,973.87 12,570.13 Annual 124,072.00 130,312.00 136,822.40 143,686.40 150,841.60 3367 SR MUSEUM SPECIALIST CME31 CMEA Hourly 44.79 47.05 49.38 51.84 54.50 Bi-Weekly 3,583.20 3,764.00 3,950.40 4,147.20 4,360.00 Monthly 7,763.60 8,155.33 8,559.20 8,985.60 9,446.67 Annual 93,163.20 97,864.00 102,710.40 107,827.20 113,360.00 3370 SR OFFICE ASST CME32 CMEA Hourly 37.75 39.62 41.62 43.68 45.91 Bi-Weekly 3,020.00 3,169.60 3,329.60 3,494.40 3,672.80 Monthly 6,543.33 6,867.47 7,214.13 7,571.20 7,957.73 Annual 78,520.00 82,409.60 86,569.60 90,854.40 95,492.80 3160 SR PUBLIC WORKS INSP CME09 CMEA Hourly 59.11 62.08 65.19 68.45 71.88 Bi-Weekly 4,728.80 4,966.40 5,215.20 5,476.00 5,750.40 Monthly 10,245.73 10,760.53 11,299.60 11,864.67 12,459.20 Annual 122,948.80 129,126.40 135,595.20 142,376.00 149,510.40 3250 SR SVCS SPVSR CME19 CMEA Hourly 53.13 55.80 58.59 61.56 64.64 Bi-Weekly 4,250.40 4,464.00 4,687.20 4,924.80 5,171.20 Monthly 9,209.20 9,672.00 10,155.60 10,670.40 11,204.27 Annual 110,510.40 116,064.00 121,867.20 128,044.80 134,451.20 [Page]4

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Packet Pg. 339
Attachment: City of Campbell Salary Schedule 08102022 (CMEA) (Approval of MOU's and Unrepresented Agreements and Salary Schedules) Effective: 7/11/2022

CLASS CD JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5

CITY OF CAMPBELL

POSITION CLASSIFICATION - CMEA
FY 22/23 - SALARY SCHEDULE

STEP RANGES
Range
3395 UTILITY WRKR CME34 CMEA Hourly 38.07 39.99 41.96 44.06 46.30 Bi-Weekly 3,045.60 3,199.20 3,356.80 3,524.80 3,704.00 Monthly 6,598.80 6,931.60 7,273.07 7,637.07 8,025.33 Annual 79,185.60 83,179.20 87,276.80 91,644.80 96,304.00 Notes:
1) Salary increases per MOU effective July 11, 2022
[Page]5

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Attachment: City of Campbell Salary Schedule 08102022 (CMEA) (Approval of MOU's and Unrepresented Agreements and Salary Schedules)

PERSONNEL RULES AND REGULATIONS
City of Campbell
Amended 8.12. 2022

12.h
Packet Pg. 341
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)