CC Ordinance 2117
ORDINANCE NO. 2117
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL AMENDING CAMPBELL MUNICIPAL CODE,
TITLE 2 ENTITLED ADMINISTRATION AND PERSONNEL AND
SECTION 21.54.040 ENTITLED HISTORIC PRESERVATION
BOARD
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: The following provisions of the Campbell Municipal Code are hereby
amended as follows:
A. The following chapters are hereby amended to read as set forth in Exhibit A:
Chapter 2.04, City Council; Chapter 2.08, Officers, Chapter 2.12, City Manager;
Chapter 2.14, Personnel System; Chapter 2.16, Salaries and Wages; Chapter 2.20,
Departments, Boards and Commissions Generally; Chapter 2.24, Planning
Commission; Chapter 2.32, Parks and Recreation Commission; Chapter 2.33, Civic
Improvement Commission; Chapter 2.36, Rental Increase Fact Finding Committee;
Chapter 2.37, Building Board of Appeals; Chapter 2.35, Conflict of Interest Code and
Section 21.54.040 Historic Preservation Board.
B. The following chapter is hereby added to read as set forth in Exhibit A: Chapter
2.38, Historic Preservation Board.
C. Chapter 2.06, Procedure for the Conduct of Council Business, is hereby removed
from the Campbell Municipal Code.
D. Sections 2.14.060, 2.16.050, 2.16.060, 2.16.080, 2.16.090, 2.16.100, 2.16.110,
2.16.120, 2.16.130, 2.24.030, 2.35.070, 2.35.080, 2.35.090, 2.35.100, 2.35.110,
2.35.120, 2.35.130, and 2.35.140 are hereby removed from Title 2 of the Campbell
Municipal Code.
SECTION TWO: This Ordinance shall become effective thirty (30) days following its
passage and adoption shall be published once within fifteen (15) days upon passage
and adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara, State of California
PASSED AND ADOPTED this 8th
following roll call vote:
day of
December
, 2008, by the
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Furtado, Kennedy, Low, Hernandez, Burr
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROV~ ~~~
~ Donald R. Burr, Mayor
Anne Bybee, City Clerk
ATTEST:
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Council
2.06 Procedure for the Conduct of Council Business
2.08 Officers
2.12 City Manager
2.14 Personnel System
2.16 Salaries and Wages
2.20 Departments, Boards and Commissions Generally
2.24 Planning Commission
2.28 Emergency Services/Citizen Corps Council
2.32 Parks and Recreation Commission
2.33 Civic Improvement Commission
2.36 Rental Increase Fact Finding Committee
2.37 Boards of Appeal
2.38 Historic Preservation Board
2.40 Conflict of Interest Code
Sections:
2.04.010
2.04.020
2.04.030
2.04.040
2.04.050
2.04.100
2.04.110
2.04.120
2.04.130
2.04.150
2.04.160
Chapter 2.04
CITY COUNCIL
Powers.
Meetings--Time and location.
Rules of conduct at meetings.
Salaries of City Councilmembers as established by Section 36516 of the
California Government Code.
Comm ittees--Appointment.
Method of legislation.
Legislation--Vote required.
Publishing or posting ordinances.
Permanent record of ordinances.
Filling of unscheduled vacancies.
City Council term limit.
2.04.010 Powers. The City Council shall have all the powers, legislative, contractual
and administrative, authorized by the Constitution, codes and general laws of the state
of California, as they now are or as they may be hereafter amended affecting cities
governed by general laws in the state of California. (Prior code 92100).
2.04.020 Meetings--Time and location. Meetings of the City Council shall be regularly
held on the first and third Tuesdays of each month, at the hour of seven-thirty p.m. and
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at such times to which regular meetings may be adjourned. The regular place for the
holding of such meetings is established to be the Campbell City Hall Council Chamber.
Special meetings may be held pursuant to the provisions of general laws as the same
now exist or may be hereafter amended. The regular meeting date or time may be
adjusted by majority vote of the City Council. (Ord. 138791, 1981: prior code 92101).
2.04.030 Rules of conduct at meetings. Rules for the conduct of proceedings of the City
Council may be established by the council by motion or by resolution. The same may be
changed in whole or in part in the same manner by majority vote of councilmembers
present at any regular meeting. The city council may censure a member or other person
for disorderly behavior at a meeting. (Prior code 92102).
2.04.040 Salaries of City Councilmembers as established by Section 36516 of the
California Government Code. Each of the members of the City Council shall receive a
monthly salary in the amount authorized by Section 36516 of the California Government
Code (Ord. 1578 S1, 1985: prior code S2102.1).
2.04.050 Committees--Appointment. Annually, the mayor may appoint members to
committees as deemed appropriate and necessary. (Ord. 1312 91(part), 1980: prior
code S2103).
2.04.100 Method of legislation. Legislation by the City Council shall be by ordinance
where that mode is specifically required by the general laws of the state and acts
amendatory thereof. In all other cases the city council may legislate by ordinance,
resolution, or minute action (Prior code S2104).
2.04.110 Legislation--Vote required. Except as otherwise specifically provided by
general laws of the state a majority vote of the councilmembers present at a regular
meeting is sufficient for the adoption of ordinances or resolutions. (Prior code S21 04.1).
2.04.120 Publishing or posting ordinances. Ordinances shall be published within the
time and for the period prescribed by general law. (Prior code S21 04.2).
2.04.130 Permanent record of ordinances. The City Clerk shall keep all original
ordinances signed by the mayor and attested by the City Clerk in the order of their
adoption in a safe place. The City Clerk shall keep or cause to be kept true and correct
copies in printed permanent form which shall be open to the public during office hours.
Notwithstanding the foregoing provisions of this section, originals and typewritten or
printed copies may be replaced by photographic, electronic, or other forms of
memorialization as allowed by applicable general law of this State. (Prior code
92104.3).
2.04.150 Filling of unscheduled vacancies. California Government Code Section 36512
sets forth the options available to fill a Council vacancy.
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2.04.160 City council term limit. (a) No person shall be allowed to serve more than two
consecutive terms on the Campbell City Council.
(b) For purposes of this code section, anyone who has served two or more years
of any term shall be deemed to have served a full term. A partial term of less than two
years shall not be counted as a term for purposes of subsection (a) of this code section.
(c) Anyone who has served two consecutive City Council terms may seek
election or appointment to the City Council after the expiration of twenty-two months
following the end of the two consecutive City Council terms.
(d) Notwithstanding anything contained in this code section to the contrary, the
provisions of this code section shall apply prospectively from the effective date of the
ordinance enacting it; and no unexpired City Council term being served at the time that
this section becomes effective shall be counted toward the term limitations established
in this section. (Ord. 1990 S1, 2000).
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2.08.010
2.08.020
2.08.030
2.08.040
2.08.050
2.08.060
2.08.070
2.08.080
2.08.090
2.08.100
2.08.110
2.08.120
2.08.130
2.08.150
2.08.160
2.08.170
2.08.180
2.08.190
Chapter 2.08
OFFICERS
Elected officers.
Duties of elected officers.
Appointed officers.
Terms of office.
Contracts for services.
Departmental cooperation.
City Clerk.
Finance Director.
Fire Chief.
Police Chief.
Public Works Director.
Community Development Director.
Building Official.
Recreation and Community Services Director.
City Attorney.
Health Officer.
Other duties.
Temporary provisions and alterations of assignment.
2.08.010 Elected officers. The elected officers shall be those designated by general
laws. (Prior code S2200).
2.08.020 Duties of elected officers. The duties, powers and authority of elected officers
shall be as provided by general laws, except as provided in this chapter. (Prior code
S2200.1 ).
2.08.030 Appointed officers. Other officers are established as follows:
(1) City Manager;
(2) Finance Director;
(3) Community Development Director;
(4) Fire Chief;
(5) Police Chief;
(6) Public Works Director;
(7) Building Official;
(8) Recreation and Community Services Director;
(9) City Attorney;
(10) Health Officer. (Ord. 485 s1(part), 1964: prior code S2201).
2.08.040 Terms of office. Elected officers shall have that term of office as provided by
the general laws of the state of California. The City Manager* shall be appointed by the
City Council wholly on the basis of his/her administrative and executive ability and
qualifications, and shall hold office for and during the pleasure of the City Council. It
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shall be the duty of the City Manager to, appoint, remove, and or promote any of the
officers employed by the city, except the City Clerk, the City
Attorney, and the City Treasurer, subject to personnel rules and regulations as adopted
by the City Council. (Ord. 1312 s1(part), 1980: prior code s2201.1). *For statutory
provisions regarding the city manager form of government, see West's Gov. Code
s34851 et seq. For provisions concerning the city manager, see Chapter 2.12.
2.08.050 Contracts for services. The City Council, when permitted by general laws,
may contract with other governmental agencies or qualified consultants for the
performance of such services as would otherwise be performed by any of the officers
enumerated in this chapter or in Chapter 2.12. (Prior code s2201.2).
2.08.060 Departmental cooperation. It shall be the duty of all subordinate officers and
the City Clerk, City Treasurer, and City Attorney to assist the City Manager in
administering the affairs of the city efficiently, economically and harmoniously so far as
may be consistent with their duties as prescribed by law and ordinances of the city.
(Prior code s2201.3).
2.08.070 City Clerk. The City Clerk shall serve as clerk to the City Council as well as
the City's election officer. The City Clerk shall provide, in accordance with best
administrative practices, central services, including mail distribution. The City Clerk shall
maintain the official records of the City Council and perform such other duties as set
forth in the general laws of the state. (Ord. 1312 s1(part), 1980: Ord. 485 s1(part),
1964: prior code s2204).
2.08.080 Finance Director. The Finance Director shall maintain the accounts of the city
in accordance with the approved final budget and accepted municipal accounting
procedures as well as ensuring an independent annual audit is done. He/she shall
provide the City Manager with an accurate and detailed account of the city's fiscal
situation at all times. The Finance Director shall also work closely with the City Clerk
and City Treasurer to see that all reports and fiscal transactions are coordinated with
the needs and legal requirements borne by these two city officials, as well as consistent
with Generally Accepted Accounting Principles. (Ord. 485 s1 (part), 1964: prior code
s2205).
2.08.090 Fire Chief. The Fire Chief shall provide those services related to fire
protection and public safety as directed by the City Councilor provided by contract. The
Fire Chief and his or her designated agents shall have the authority to issue citations for
violation of Chapter 17 of the Campbell Municipal Code, and such provisions
incorporated into Chapter 17.
2.08.100 Police Chief. The Police Chief shall preserve the peace and quiet of the city
and shall enforce by appropriate action, as provided by general law, all penal
ordinances of the city, including such ordinances as may be enacted for the control of
traffic. He/she shall correlate with other agencies the needs of animal control within the
city limits. He/she shall be responsible for the coordination and direction of the
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emergency communications system for the city. He/she, or his/her appointed
representatives, shall aid the City Manager in the organization and development of the
civil and disaster program for the city. (Ord. 1312 91 (part), 1980: Ord. 485 91 (part),
1964: prior code 92207).
2.08.110 Public Works Director. The Public Works Director or his/her designee shall
also be the city engineer, the traffic engineer and the superintendent of streets as
designated in the general laws of this code and as provided in state law. The director
and/or his/her designee shall advise the City Manager and other officers and employees
on engineering problems, and perform all necessary engineering services for the city.
The Public Works Director shall supervise, or cause to be supervised, the establishment
and repair of streets as well as the establishment and the maintenance of any
municipally owned utility or utility lines. (Ord. 1848, 1992: Ord. 1312 91 (part), 1980:
prior code 92208).
2.08.120 Community Development Director. The Community Development Director
shall plan for the orderly development of the city. He/she or his/her designated
representative shall be secretary to the Planning Commission. He/she shall plan and
direct the formulation and administration of subdivisions, zoning regulations, and the
enforcement of sign and zoning regulations. He/she shall coordinate, with any planning
consultant, all planning services of the city. (Ord. 647, 1968: Ord. 485 91 (part), 1964:
prior code 92209).
2.08.130 Building Official. The Building Official shall organize and supervise the
operation of the building and housing code programs. He/she shall direct the building
inspection program and other city regulations, as set forth in this code. (Ord. 647, 1968:
Ord. 485 91 (part), 1964: prior code 92209.1).
2.08.150 Recreation and Community Services Director. The Recreation and
Community Services Director shall manage staff and programs for recreation,
community services and cultural enrichment, as well as other work as directed.
2.08.160 City Attorney. The duties of the City Attorney are such as set forth in the
general laws of the state and city resolutions. (Prior code 92212).
2.08.170 Health Officer. The Health Officer for the city shall be the County of Santa
Clara Health Officer. He/she shall cooperate with the Police Chief, the Public Works
Director, and the Building Official in the performance of their duties as assigned in this
chapter and shall coordinate all health activities in the city through the City Manager or
his/her designee.
The Animal Control Officer shall be any person authorized by the City Manager
to enforce the provisions of this title, or any person authorized by the County Health
Officer in the enforcement of rabies control laws and in the enforcement of state laws.
(Ord. 1253 91 (part), 1979: prior code 92213).
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2.08.180 Other duties. The duties of the officers as set forth in the preceding sections
of this chapter shall not exclude such other duties as the City Manager may deem
necessary to require from the respective officers and employees of the city. (Prior code
92214).
2.08.190 Temporary provisions and alterations of assignment. The City Manager may
appoint himself/herself or a department head as an acting department head of one of
the departments for which budget funds for payment have not been allocated or as an
interim measure. The City Manager may assign functions of one department head to
another department head as a temporary expedient upon notification to the City
Council. (Prior code 92215).
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Chapter 2.12
CITY MANAGER
Sections:
2.12.010
2.12.020
2.12.030
2.12.040
2.12.050
2.12.060
Special requirements.
Removal.
Powers--Duties.
Council-manager relations.
Attendance at commission meetings.
Temporary manager.
2.12.010 Special requirements. No person elected as a councilmember of the city shall,
subsequent to such election, be eligible for appointment as City Manager until one year
has elapsed after such councilmember has ceased to be a member of the City Council.
(Prior code 92201.4).
2.12.020 Removal. Removal of the City Manager shall be only upon a three-member
vote of the whole council in the city in regular council meeting. (Prior code 92201.5).
2.12.030 Powers--Duties. The City Manager shall be the administrative head of the
government of the city under the direction and control of the City Council except as
otherwise provided in this chapter. He/she shall be responsible for the efficient
administration of all the affairs of the city which are under his/her control. In addition to
his/her general powers as administrative head, and not as a limitation thereon, it shall
be his/her duty and he/she shall have the power and authority as follows:
(1) Law Enforcement: To enforce all laws and ordinances of the city and to see that all
franchises, contracts, permits and privileges granted by the City Council are faithfully
observed;
(2) Authority Over Employees: To control, order and give directions to all heads of
departments and to subordinate officers and employees of the city under his/her
jurisdiction through their department heads;
(3) Ordinances: To recommend to the City Council for adoption such measures and
ordinances as he/she deems necessary or expedient;
(4) Attendance at Council Meetings: To attend all meetings of the City Council unless
excused therefrom, except when his/her removal is under consideration;
(5) Financial Reports: To keep the City Council at all times fully advised as to the
financial conditions and needs of the city;
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(6) Budget: To prepare and submit the proposed annual budget and the proposed
annual salary plan to the city council for its approval;
(7) Investigations: To make investigations into the affairs of the city and any department
or division thereof, and any contract or the proper performance of any obligations of the
city;
(8) Public Utilities and Franchises: To investigate all complaints in relation to matters
concerning the administration of the city government and in regard to the service
maintained by public utilities in the city, and to see that all franchises, permits, granted
by the city are faithfully performed and observed;
(9) Public Buildings: To exercise general supervision over all public buildings, public
parks and all other public property which are under the control and jurisdiction of the
City Council;
(10) Additional Duties: To perform such other duties and exercise such other powers as
may be delegated to him/her from time to time by ordinance or resolution or other action
of the City Council. (Ord. 1312 ~1(part), 1980: prior code ~2202).
2.12.040 Council-manager relations. The City Council and its members shall deal with
the administrative services of the city only through the City Manager, except for the
purpose of inquiry, and neither the City Council nor any member thereof shall give
orders to any subordinate of the City Manager. The City Manager shall take his orders
and instructions from the City Council only when sitting in a duly held meeting of the
City Council and no individual councilmember shall give any orders or instructions to the
City Manager. No councilmember shall in any manner attempt to influence the City
Manager in making of any appointment or in the purchase of supplies or contracts.
(Prior code ~2202.1).
2.12.050 Attendance at commission meetings. The City Manager may attend any and
all meetings of the Planning Commission, Parks and Recreation Commission, and any
other commissions, boards or committees of the City Council. At such meetings which
the City Manager attends, he/she shall be heard by such commissions, boards or
committees as to all matters upon which he/she wishes to address the members
thereof, and he/she shall inform the members as to the status of any matter being
considered by the City Council and he/she shall cooperate to the fullest extent with the
members of all commissions, boards or committees appointed by the City Council. (Ord.
1619 ~1(part), 1986: prior code ~2202.2).
2.12.060 Temporary manager. The City Manager shall appoint one of the other officers
or department heads of the city to serve as manager pro tempore during any temporary
absence or disability of the City Manager and on his/her failure to so appoint a manager
pro tempore, the City Council may designate some qualified city employee to perform
the duties of the City Manager during the period of absence or disability of the City
Manager. (Prior code 92203).
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Sections:
2.14.010
2.14.020
2.14.030
2.14.040
2.14.050
2.14.070
2.14.080
2.14.090
2.14.100
2.14.110
Chapter 2.14
PERSONNEL SYSTEM
Adoption.
Personnel officer.
Exceptions.
Rule adoption--Amendment.
Appointments.
Position reduction--Abolition.
Improper political activity.
Discrimination.
Right to contract for special service.
Criminal conduct--Ineligibility for employment.
2.14.010 Adoption. In order to establish an equitable and uniform procedure for dealing
with personnel matters, to attract to municipal service the best and most competent
persons available, to assure that appointments and promotions of employees will be
based on merit and fitness, and to provide a reasonable degree of security for qualified
employees, the personnel system in this chapter is adopted. (Ord. 1516 S1(part), 1984).
2.14.020 Personnel officer. The City Manager shall be the personnel officer. The City
Manager may delegate any of the powers and duties conferred upon him/her as
personnel officer under this chapter to any other officer or employee of the city or may
recommend that such powers and duties be performed under contract as provided in
Section 2.14.110. The personnel officer shall:
(a) Administer all the provisions of this chapter and of the personnel rules not
specifically reserved to the City Council;
(b) Prepare and recommend to the City Council personnel rules, and revisions and
amendments to such rules. The City Attorney shall approve the legality of such rules
and amendments prior to their submission to the City Council;
(c) Prepare or cause to be prepared a positions classification plan, including class
specifications, and revisions of the plan. The plan, and any revisions thereof, shall
become effective upon approval by the City Council;
(d) Prepare or cause to be prepared a plan of compensation, and revisions thereof,
covering all classifications. The plan, and any revisions thereof, shall become effective
upon approval by the City Council;
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(e) Provide for the publishing or posting notices of tests for all authorized positions, the
receiving of applications therefor, the conducting and grading of tests, and the
certification to the appointing power of a list of all persons eligible for appointment to the
appropriate position in the classified service. (Ord. 1516 91 (part), 1984).
2.14.030 Exceptions. The provisions of this chapter, unless otherwise specified, shall
apply to all offices, positions and employments in the service of the city except:
(a) The City Manager and City Attorney;
(b) Elective officers--City Clerk and City Treasurer;
(c) Members of appointive boards, commissions and committees;
(d) Persons engaged under contract to supply expert, professional, technical, temporary
or other services;
(e) Volunteer personnel including reserve police officers;
(f) Emergency employees who are hired to meet the immediate requirements of an
emergency condition, such as an extraordinary fire, flood or earthquake which threatens
life or property. (Ord. 1516 91 (part), 1984).
2.14.040 Rule adoption--Amendment. Personnel rules shall be adopted by resolution
after notice of such action has been publicly posted pursuant to the Ralph M. Brown Act
(California Government Code Sections 54950 et seq). Amendments and revisions may
be suggested by any interested party and shall be processed as provided in the
personnel rules. The rules shall establish regulations governing the personnel system
including:
(a) Preparation, installation, revision, and maintenance of a position classification plan
covering all positions, including minimum employment standards and qualifications for
each class;
(b) Preparation, revIsion, and administration of a plan of compensation directly
correlated with the position classification plan, providing a salary range for each class;
(c) Public announcement of all tests and acceptance of applications for employment;
(d) Preparation and conduct of tests and the establishment and use of resulting
employment lists containing names of persons eligible for appointment;
(e) Certification and appointment of persons from employment lists, and the making of
temporary and emergency appointments;
(f) Evaluation of employees;
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(g) Transfer, promotion, demotion, reinstatement, disciplinary action of employees
covered by this chapter;
(h) Separation of employees from the city service through layoff, suspension and
dismissal;
(i) Standardization of hours of work, attendance and leave regulations, working
conditions and the development of employee morale, welfare, and training;
U) Procedures for the orderly presentations by employees of matters relating to general
conditions of employment to the City Manager and to the City Council;
(k) The establishment and maintenance of personnel records;
(I) The establishment of grievance procedures and appeals;
(m) Probationary period
(Ord. 1516 s1(part), 1984).
2.14.050 Appointments. Appointments to vacant positions shall be made in
accordance with the personnel rules. Appointments and promotions shall be
based on merit and fitness to be ascertained so far as practicable and practicable
by competitive examination. Examinations shall be used and conducted to aid in
the selection of qualified employees and shall consist of selection techniques
which will test fairly the qualifications of candidates, such as achievement and
aptitude tests, written tests, oral interviews, performance tests, physical agility
tests, evaluations of daily work performances, work samples, or any combination
of these or other tests. In any examination, the personnel officer may include, in
addition to competitive tests, a qualifying test or tests and set minimum standards
therefore. Appointments shall be made by the City Manager or by the officer in
whom the power to make appointments is vested. When an appointment is to be
made to fill a vacancy, the personnel officer shall transmit to the appointing power
the names of all persons on the appropriate certified employment list. (Ord. 1516
s1(part),1984).
2.14.070 Position reduction--Abolition. Whenever in the judgment of the City Manager
and City Council it becomes necessary, the City Council may abolish or reduce any
position. Employees transferred, demoted or laid off because of the abolishment or
reduction of positions shall not be subject to written charges nor shall they have the
right of appeal in such cases. A reduction in force shall be implemented in conformance
with the provisions of the personnel rules and regulations. (Ord. 1516 s1(part), 1984).
2.14.080 Improper political activity. The political activities of city employees shall
conform to pertinent provisions of state law. (Ord. 1516 s1(part), 1984).
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2.14.090 Discrimination. No person in the classified service, or seeking admission
thereto, shall be employed, promoted, demoted, or discharged, or in any way favored or
discriminated against because of political opinions or affiliations; or because of race,
religion, color, national origin, disability, medical condition, marital status, sex, age or
sexual orientation. (Ord. 1866 S1(Exh. A), 1993: Ord. 1516 s1(part), 1984).
2.14.100 Right to contract for special service. The City Manager shall consider and
make recommendations to the City Council regarding the extent to which the city should
contract for the performance of technical services in connection with the establishment
or operation of the personnel system. The City Council may contract with any qualified
person or agency for the performance of all or any of the duties imposed by this
chapter. (Ord. 1516 s1(part), 1984).
2.14.110 *Criminal conduct--Ineligibility for employment. Except as otherwise provided
in this chapter, no person convicted of a felony or misdemeanor involving moral
turpitude shall be eligible for employment in the classified or unclassified service of the
city; provided, however, that the appointing authority may disregard such conviction if
he finds and determines that mitigating circumstances exist, such as, but not limited to,
evidence of rehabilitation, length of time elapsed since such conviction, the age of such
person at the time of conviction, or the fact that the classification applied for is unrelated
to such conviction.
The City Manager, Administrative Services Director, City Attorney, Public Works
Director, Police Chief, Building Official, Finance Director, Community Development
Director, Recreation and Community Services Director, City Clerk and Human
Resources Manager are authorized to have access to the "State Summary Criminal
History Information" as provided for in Section 11105 of the Penal Code of the state of
California. It is understood that information is on a need to know basis. The City
Council is authorized to have access to the "State Summary Criminal History
Information" for the limited purpose of determining whether or not a candidate for City
Attorney or City Manager has any disqualifying convictions. (Ord. 1619 s1(part), 1986;
Ord. 1516 s1(part), 1984).
* Editor's Note: An applicant who is disqualified for employment under this provision
may appeal such determination of disqualification. Such appeal shall be in writing and
filed with the City Manager within seven days of the date of notice of disqualification.
The City Manager shall hear and determine the appeal within ten days after it is filed.
The determination of the City Manager on the appeal shall be final.
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Chapter 2.16
SALARIES AND WAGES
Sections:
2.16.010
2.16.020
2.16.030
2.16.040
2.16.070
Establishment.
Appointed officers and employees--Fixing or changing of compensation.
City clerk.
City treasurer.
Pensions.
2.16.010 Establishment. The salaries and wages of all offices and employees of the
city other than the salaries of the City Clerk and City Treasurer may be fixed by
ordinance or resolution. The salaries of the City Clerk and City Treasurer shall be fixed
by ordinance. (Ord. 185491, 1992: prior code 92300).
2.16.020 Appointed officers and employees--Fixing or changing of compensation. The
council may, from time to time, by resolution, fix or change the compensation of all
appointed officers and employees of the city, and may by resolution adopt salary and
wage scales for the city appointed officers and employees. (Prior code 92301).
2.16.030 City Clerk. The salary and compensation for the statutory duties of the City
Clerk shall be three hundred dollars per month. (Prior code 92302).
2.16.040 City Treasurer. The City Treasurer shall receive as and for compensation for
performance of the duties of the office, the sum of one hundred dollars per month. 1966.
(Prior code 92303).
2.16.070 Pensions. The City Council is authorized to adopt pension plans or to
participate in the plans of other governmental agencies for this purpose and to provide
such insurance benefits as in its discretion it deems advisable, and for this purpose may
adopt ordinances as provided for by general laws of the state of California. (Prior code
92306).
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Chapter 2.20
DEPARTMENTS, BOARDS AND COMMISSIONS GENERALLY
Sections:
2.20.010
2.20.020
2.20.030
Departments created.
Creation of departmental or office divisions.
Boards--Commissions.
2.20.010 Departments created.
There are established the following departments:
(1) Community Development department;
(2) Finance department;
(3) Police department;
(4) Public Works department;
(5) City Manager's office;
(6) City Clerk's office;
(7) Recreation and Community Services Department. (Ord. 1619 sl(part), 1986; Ord.
485 s3(part), 1964: prior code S2400).
2.20.020 Creation of departmental or office divisions. Each department or office shall
divide itself into suitable divisions for operating purposes and for efficient administration
where it is necessary to do so. These divisions shall be recommended to the City
Manager and incorporated upon his/her approval, in the annual budget. Upon approval
of the budget, these divisions will be considered as being existent. Each division in each
department or office shall be headed up by a suitable subordinate officer within the
department or office who will report directly to the department head or office. The City
Manager may reorganize departments and divisions as appropriate for the efficient,
effective and economical conduct of the City's business. (Prior code s2401).
2.20.030 Boards--Commissions. The City Council in a manner and form provided by
general law establishes the following boards and commissions:
(1) Planning Commission;
(2) Parks and Recreation Commission;
(3) Civic Improvement Commission;
(4) Rental Increase Fact Finding Committee;
(5) Building Board of Appeals;
(6) Historic Preservation Board; and
(7) Such other commissions as are authorized by law and which the City Council deems
necessary to appoint. (Ord. 1619 s1(part), 1986; Ord. 485 s3(part), 1964: prior code
S2402).
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* For statutory provisions directing the establishment of a planning agency, see Gov.
Code 965100. As to local planning generally, see Gov. Code 965100 et seq. For
statutory authority authorizing the creation of disaster councils, see California
Government Code Section 8610.
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Sections:
2.24.010
2.24.020
2.24.030
2.24.040
2.24.050
2.24.060
2.24.070
2.24.080
Chapter 2.24
PLANNING COMMISSION
Created.
Terms of Office.
Vacancies-Removal.
Duties.
Regular meeting.
Absence from meetings without cause.
Absence for cause.
Organization.
2.24.010 Created. A planning commission of seven members for the city is created.
(Prior code 92408).
2.24.020 Terms of office. The terms of office of the seven members shall be four years
and shall be appointed by the City Council. At the expiration of each term, the City
Council may reappoint the member, or appoint a successor for a new four-year term,
pursuant to City Council Policy. Terms of office shall commence in the month of
September and expire in the month of August. Vacancies occurring otherwise than by
expiration of term shall be filled in the manner set forth in the California Government
Code 54974 for the unexpired term of the commissioner leaving the commission.
Commissioners may be removed by a majority vote of the legislative body. (Prior code
92408.2).
2.24.040 Duties. The Planning Commission shall perform the duties and shall have all
the rights, powers and privileges provided for by state law and this code. (Prior code
92408.3).
2.24.050 Regular meeting. A regular meeting as provided for by law or by rule of the
Planning Commission or any regularly advertised public hearing shall be deemed a
regular meeting. (Prior code 92408.4).
2.24.060 Absence from meetings without cause. If a member of the Planning
Commission is absent from three successive regular meetings of the commission,
without cause, the office of such member shall be deemed to be vacant and the term of
such member ipso facto terminated and the secretary of the Planning Commission shall
immediately inform the City Council of such termination. (Prior code 92408.5).
2.24.070 Absence for cause. An absence for cause shall mean either:
(1) An absence due to illness or an unavoidable absence from the city and written
notice thereof to the chair of the Planning Commission or staff liaison on or before the
day of any regular meeting by the commission; or
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(2) A finding by the chair of the Planning Commission that the absence was due to a
reasonably unforeseeable occurrence, such as an accident or illness, that renders it
unreasonably difficult to attend the meeting. (Ord. 1546 (part), 1985).
2.24.080 Organization. The commission shall elect its chair from among its appointed
members for a term of one year and subject to other provisions of law, may create and
fill such other offices as it may determine. The commission shall hold at least one
regular meeting in each month. It shall adopt rules for transaction of business and shall
keep a record of the resolutions, transactions, findings and determinations, which record
shall be a public record. (Prior code 92408.7).
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Chapter 2.32
PARKS AND RECREATION COMMISSION
Sections:
2.32.010
2.32.020
2.32.030
2.32.040
2.32.050
2.32.060.
2.32.070.
Established-Member appointment.
Terms of office.
Organization.
Duties-Responsibilities.
Council's powers.
Absence from meetings without cause.
Absence for cause.
2.32.010 Established--Member appointment. There is created a Parks and Recreation
Commission consisting of seven members, and shall be appointed as follows:
(1) Seven members to be recommended by the Advisory Commissioner Appointment
Interview Subcommittee and approved by majority vote of the City Council, all of whom
shall be residents of the city. (Ord. 161991 (part), 1986: prior code 92418).
2.32.020 Terms of office. The term of office of the seven voting members shall be four
years. At the expiration of each term, the City Council may reappoint the member, or
appoint a successor for a new four-year term, pursuant to City Council Policy. Terms of
office shall commence in the month of January and expire in the month of December.
Vacancies in the commission occurring otherwise than by expiration of term shall be
filled in the manner set forth in the California Government Code Section 54974 for the
unexpired term of the commissioner leaving the commission. Commissioners may be
removed by a majority vote of the legislative body. (Ord. 170591,1988).
2.32.030 Organization. Annually the members of the commission shall meet in regular
session and select a chair and a vice chair. Their duties shall respectively be such as
are usually carried by such officers. Officers shall hold office for one year. The
commission may adopt rules and regulations to govern procedures and may by vote set
a time for regular meetings which will be held at least once each month and may
determine the manner in which special meetings may be held and the notice given. A
majority of the regular members shall constitute a quorum.
2.32.040 Duties--Responsibilities. The duties of the Parks and Recreation Commission
shall be to:
(1) Act in an advisory capacity to the City Council, the Recreation and Community
Services Director, and Public Works Superintendent in all matters pertaining to public
recreation, public parks and grounds, and to cooperate with other governmental
agencies and civic groups in the advancement of sound planning and programming for
recreation and parks;
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(2) Formulate policies on recreation and parks for consideration by the City Council;
(3) Advise the City Council on policy problems concerned with the park or recreation
programs;
(4) Make periodic inventories of recreation and park services that exist or may be
needed and interpret the needs of the public to the City Council;
(5) Aid in coordinating the recreation and park services with the program of other
governmental agencies and voluntary organizations; and
(6) Interpret the policies and functions of the recreation and park programs to the
general public. (Ord. 1619 91 (part), 1986: prior code 92421).
2.32.050 Council's powers. Nothing in this chapter shall be construed as restricting or
curtailing any of the powers of the councilor as a delegation to the Parks and
Recreation Commission of any of the authority or discretionary powers vested and
imposed by law in the City Council. The Council declares that the public interest,
convenience, welfare and necessity required the appointment of a Parks and
Recreation Commission to act in a purely advisory capacity, to the City Council and
other agencies providing recreation programs and public facilities for the purposes
hereinabove enumerated, and to administer the operation during those periods of the
year authorized by contract those recreation and park facilities jointly operated with
other agencies in accordance with the Community Recreation Enabling Act of the state
of California, (Statutes, 1939, Chapter 558). (Prior code 92422).
2.32.060 Absence from meetings without cause. If a member of the Parks and
Recreation Commission is absent from three consecutive regular meetings of the
commission without cause, the office of such member shall be deemed to be vacant
and the term of such member ipso facto terminated, and the chair of the Parks and
Recreation Commission shall immediately inform the City Council of such termination.
2.32.070 Absence for cause. An absence for cause shall mean either:
(1) An absence due to illness or an unavoidable absence from the city and written
notice thereof to the Chair of the Parks and Recreation Commission or staff liaison on or
before the day of any regular meeting by the commission; or
(2) A finding by the Chair of the Parks and Recreation Commission that the absence
was due to a reasonably unforeseeable occurrence, such as an accident or illness, that
renders it unreasonably difficult to attend the meeting. (Ord. 1546 (part), 1985).
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Chapter 2.33
CIVIC IMPROVEMENT COMMISSION
Sections:
2.33.010
2.33.020
2.33.030
2.33.040
2.33.050
2.33.060
2.33.070
Established-Member appointment.
Terms of office.
Organization.
Duties-Responsibilities.
Council's powers.
Absence from meetings without cause.
Absence for cause.
2.33.010 Established--Member appointment. There is created a Civic Improvement
Commission consisting of seven members and shall be appointed as follows:
(1) Seven members to be recommended by the Council Advisory Commissioner
Interview Subcommittee and approved by majority vote of the City Council, all of whom
shall be residents of the city. (Ord. 161991 (part), 1986; Ord. 841 (part), 1972).
2.33.020 Terms of office. The terms of office of the seven voting members shall be four
years. At the expiration of each term, the City Council may reappoint the member, or
appoint a successor for a new four-year term, pursuant to City Council Policy. Terms of
office shall commence in the month of September and expire in the month of August.
Vacancies in the commission occurring otherwise than by expiration of term shall be
filled in the manner set forth in the California Government Code Section 54974 for the
unexpired term of the commissioner leaving the commission. Commissioners may be
removed by a majority vote of the legislative body. (Ord. 1705 92, 1988).
2.33.030 Organization. Annually the commission shall meet in regular session and
elect a chair and a vice chair. Their duties shall respectively be such as are usually
carried by such officers. Officers shall hold office for one year.
The commission may adopt rules and regulations to govern procedures and may by
vote set a time for regular meetings which will be held at least once each month and
may determine the manner in which special meetings may be held and the notice given.
A majority of the regular members shall constitute a quorum.
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Minutes of the commission shall be kept on file with the recording secretary. The City
Manager shall designate appropriate staff support. (Ord. 1546 (part), 1985; Ord. 841
(part), 1972).
2.33.040 Duties--Responsibilities. The duties of the Civic Improvement Commission
shall be to:
(1) Act in an advisory capacity to the City Council and to cooperate with other
governmental agencies and civic groups and voluntary organizations in the areas of
cultural and historical needs, health and welfare services, beautification, environment,
library needs, and issues related to youth and senior citizens;
(2) To identify community needs and problems within the scope of concerns assigned to
the commission;
(3) To provide channels for the expression of community needs and problems as
previously enumerated;
(4) To advise the City Council as to what available resources could be used to deal with
them;
(5) Interpret the policies and functions of the Civic Improvement Commission to the
general public;
(6) To promote community interaction in all phases of civic needs as the city grows and
changes in its new environment;
2.33.050 Council's powers. Nothing in this chapter shall be construed as restricting or
curtailing any of the powers of the City Councilor as a delegation to the Civic
Improvement Commission, of any of the authority or discretionary powers vested and
imposed by law in the City Council. The City Council declares that the public interest,
convenience, welfare and necessity required the appointment of a Civic Improvement
Commission to act in a purely advisory capacity, to the City Council and other agencies.
(Ord. 841 (part), 1972).
2.33.060 Absence from meetings without cause. If a member of the Civic Improvement
Commission is absent from three successive regular meetings of the commission,
without cause, the office of such member shall be deemed to be vacant and the term of
such member ipso facto terminated and the secretary of the Civic Improvement
Commission shall immediately inform the City Council of such termination.
2.33.070 Absence for cause. An absence for cause shall mean either:
(1) An absence due to illness or an unavoidable absence from the city and written
notice thereof to the chair of the Civic Improvement Commission or staff liaison on or
before the day of any regular meeting by the commission; or
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(2) A finding by the chair of the Civic Improvement Commission that the absence was
due to a reasonably unforeseeable occurrence, such as an accident or illness, that
renders it unreasonably difficult to attend the meeting. (Ord. 1546 (part), 1985).
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Chapter 2.36
RENTAL INCREASE FACT FINDING COMMITTEE
Sections:
2.36.010
2.36.020
2.36.030
2.36.040
Established--Member appointment.
Terms of office.
Absence from Rental Increase Fact Finding Committee.
Absence for cause.
2.36.010 Established--Member appointment. There is created a Rental Increase Fact
Finding Committee consisting of five members whose members shall be appointed
upon recommendation of the City Council Advisory Commissioner Appointment
Committee, and approved by majority vote of the City Council as follows: two tenant
representatives, two landlord representatives and one neutral representative who shall
serve as chairperson.
2.36.020 Terms of office. The terms of office of the five members shall be four years.
At the expiration of each term, the city council may reappoint the member, or appoint a
successor for a new four-year term, pursuant to City Council Policy. Terms of office
shall commence in the month of September and expire in the month of August.
Vacancies occurring otherwise than by expiration of term shall be filled in the manner
set forth in the California Government Code Section 54974 for the unexpired term of the
commissioner leaving the commission. Commissioners may be removed by a majority
vote of the legislative body.
2.36.030 Absence from meetings without cause. If a member of any fact finding
advisory committee, established pursuant to Chapter 6.09 of this code, is absent from
three consecutive regular meetings of the commission without cause, the office of such
member shall be deemed to be vacant and the term of such member ipso facto
terminated, and the chair of the committee shall immediately inform the City Council of
such termination. (Ord. 1546(part), 1985).
2.36.040 Absence for cause. An absence for cause shall mean either:
(a) An absence due to illness or an unavoidable absence from the city and written
notice thereof to the chair of the fact finding committee or staff liaison on or before the
day of any regular meeting of the committee; or
(b) A finding by the chair of the committee that the absence was due to a reasonably
unforeseeable occurrence, such as an accident or illness, that renders it unreasonably
difficult to attend the meeting. (Ord. 1546(part), 1985).
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Chapter 2.37
BUILDING BOARD OF APPEALS
Sections:
2.37.010.
2.37.020.
2.37.030
2.37.040
Member appointment
Terms of Office.
Absence from Building Board of Appeals.
Absence for cause.
2.37.010 Member Appointment. Five members shall be appointed to the Building Board
of Appeals upon recommendation of the Council Advisory Commissioner Appointment
Subcommittee and approved by majority vote of the City Council.
2.37.020 Terms of Office. Building Board of Appeals members shall be appointed to
indefinite terms. Vacancies shall be filled in the manner set forth in City Council Policy.
Vacancies occurring otherwise than by expiration of term shall be filled in the manner
set forth in the California Government Code Section 54974 for the unexpired term of the
commissioner leaving the commission. Board Members may be removed by a majority
vote of the legislative body. (Ord. 170592, 1988).
2.34.010 Absence from Building Board of Appeals. If a member of any board of appeal
created pursuant to Section 2.20.030 of this code is absent from three consecutive
regular meetings of the board without cause, the office of such member shall be
deemed to be vacant and the term of such member ipso facto terminated, and the chair
of the Board of Appeals shall immediately inform the City Council of such termination.
(Ord. 1546 (part), 1985).
2.34.020 Absence for cause. An absence for cause shall mean either:
(a) An absence due to illness or an unavoidable absence from the city and written
notice thereof to the chair of the Board of Appeals or staff liaison on or before the day of
any regular meeting by the Board of Appeals; or
(b) A finding by the chair of the Board of Appeals that the absence was due to a
reasonably unforeseeable occurrence, such as an accident or illness, that renders it
unreasonably difficult to attend the meeting. (Ord. 1546 (part), 1985).
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Chapter 2.38
HISTORIC PRESERVATION BOARD
Sections:
2.38.010
2.38.020
2.38.030
2.38.040
2.38.050
2.38.060
Established-Member appointment.
Terms of Office.
Organization.
Absence from meetings without cause.
Absence for cause.
D uties-responsibi lities.
2.38.010 Established-Member appointment. The Campbell Historic
Preservation Board, referred to in this Zoning Code as the "board," is hereby
established. The board shall consist of five voting members. Not less than four (4)
such members shall at the time of their appointment, and continuously during their
incumbency, be residents or electors of the city. Any non-resident member shall
meet the special qualifications established by the State for Certified Local
Governments. The board members shall be appointed directly by the city council,
in compliance with adopted city council policy (Resolution No. 9807,2001). Each
member shall have demonstrable competence, interest, or knowledge of historic
preservation.
2.38.020 Term of office. The term of office for each member shall be four years. At the
expiration of each term, the City Council may reappoint the member, or appoint a
successor for a new four-year term, pursuant to City Council Policy. Terms of office
shall commence in the month of November and expire in the month of October. Board
vacancies occurring otherwise than by expiration of term shall be filled in the manner
set forth in the California Government Code Section 54974 for the unexpired term of the
member leaving the Board. Board members may be removed by a majority vote of the
legislative body.
2.38.030 Organization. The board shall elect the chair from among its members on an
annual basis at the first meeting of the calendar year. The term of office of the chair
shall be for the calendar year, or that portion remaining after the appointment or
election. When there is a vacancy in the chair position, the board shall elect the chair
from among its members.
2.38.040 Absence from meetings without cause. If a member is absent from three
consecutive meetings without cause, unless by permission of the board, or ceases to be
a resident of the city, or the city's sphere of influence, the member's seat shall be
considered vacant.
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2.38.050 Absence for cause. An absence for cause shall mean either:
(1) An absence due to illness or an unavoidable absence from the city and written
notice thereof to the chair of the Historic Preservation Board or staff liaison on or before
the day of any regular meeting by the board; or
(2) A finding by the chair of the Historic Preservation Board that the absence was due to
a reasonably unforeseeable occurrence, such as an accident or illness, that renders it
unreasonably difficult to attend the meeting.
2.38.060 Duties and authority. The board shall perform the duties and functions
prescribed by the Zoning Code, and the City Council may, from time to time by
resolution, prescribe additional powers and duties not inconsistent with State law,
including the following:
(1) Recommend measures to implement historic preservation to the City Council, and
advisory commissions;
(2) Administer the applicable provisions of Chapter 21.32, (Tree Protection
Regulations);
(3) Perform other advisory functions as may be delegated from time to time to the
board by the City Council; and
(4) Review new policies affecting historical resources in the community.
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Chapter 2.40
CONFLICT OF INTEREST CODE
Sections:
2.40.010
Incorporation of Section 18730 of Title 2 of the California Code of
Reg u lations.
Definitions.
Designated positions.
General conflict of interest prohibition.
Disclosure statements.
Statements of economic interests--Place of filing.
2.40.020
2.40.030
2.40.040
2.40.050
2.40.060
2.40.010 Incorporation of Section 18730 of Title 2 of the California Code of Regulations.
Section 18730 of Title 2 of the California Code of Regulations, and any amendments
hereafter adopted by the Fair Political Practices Commission, is adopted by reference
and incorporated herein, and shall, along with the appendix adopted herein, constitute
the conflict of interest code of the city of Campbell and the redevelopment agency of the
city of Campbell. (Ord. 19439 1, 1996: Ord. 1218 (part), 1978).
2.40.020 Definitions. The definitions contained in the Political Reform Act of 1974,
Regulations of the Fair Political Practices Commission (2 Cal. Code of Regulations
Sections 18100 et seq.), and any amendments to the Act or Regulations, are
incorporated herein by this reference. (Ord. 1859 91(A), 1992).
2.40.030 Designated positions. The positions listed in Exhibit A, on file in the office of
the City Clerk, are designated positions, and are modified and attached hereto. Officers
and employees holding those positions are "designated employees," and are
considered to make or participate in the making of decisions which may foreseeably
have a material effect on a personal financial interest. (Ord. 2076 91, 2006: Ord. 2022
91,2002: Ord. 190891,1994: Ord. 185991(8),1992: Ord. 182991,1991; Ord. 1218
(part), 1978).
2.40.040 General conflict of interest prohibition. No officer or employee of the city,
whether specifically designated in Exhibit A, on file in the office of the City Clerk, or not,
shall make or participate in making a governmental decision, or in any way attempt to
use his/her official position to influence governmental decision in which he/she knows or
has reason to know he/she has a financial interest. (Ord. 1859 ~1(C), 1992: Ord. 1218
(part), 1978).
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2.40.050 Disclosure statements. (a) This code does not establish any disclosure
obligation for those designated positions which are also specified in Government Code
Section 87200 if:
(1) They are designated in this code in that same capacity; or
(2) The geographical jurisdiction of the city is the same as, or is wholly included within,
the jurisdiction in which those positions must report their financial interests pursuant to
Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200 et
seq.
(b) With respect to all other designated positions, the disclosure categories set forth in
Appendix 8 , on file in the office of the City Clerk, specify the kinds of financial interests
which are reportable. Each designated employee shall disclose in his/her statement of
economic interest those financial interests he/she is assigned pursuant to Appendix 8,
on file in the office of the City Clerk. It has been determined that the financial interests
set forth in a designated employee's disclosure categories are the kinds of financial
interests which he/she foreseeably can affect materially through the conduct of his/her
office. (Ord. 1859 ~1(D), 1992: Ord. 1218 (part), 1978).
2.40.060 Statements of economic interests--Place of filing. All designated employees
required to submit a statement of economic interests shall file the original with the City
Clerk. (Ord. 1859 ~1(E)(part), 1992: Ord. 1218 (part), 1978).
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21.54.040 Historic Preservation Board.
21.54.040 Appointment. The five member Historic Preservation Board is appointed
and serves in compliance with Municipal Code Chapter 2.38.
21.54.050 Community Development Director's role. 1. The Community Development
Director shall act as secretary to the board and shall be the custodian of its records,
conduct official correspondence, and generally supervise the clerical and technical work
of the board in administering Chapter 21.32 (Tree Protection Regulations).
2. The Community Development Director shall assist and staff the board. (Ord. 2043
S1 (part), 2004).
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