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SR-111996-8A 8 A -,-:~ f:\atty\muni\strpts\mjm\scndunts.2sr City council Meeting 11-19-96 Nav 1 9 1996- .. Santa Moniea, California TO: Mayor and City Council FROM: city Attorney SUBJECT: Interim Ordinance Allowing Second Dwelling Units in the R-l and OP-1 Zoning Districts Under Specified Circumstances, Clarifying the Allowance of Second Units in MUlti-Family Residential Districts, and Specifying Standards for Second Units Introduction At its meeting of November 12, 1996, the City Council directed staff to prepare an ordinance extending and modifying Ordinance Number 1866 (CCS) relating to second units in the city's R-1, OP-1 and Multi-Family Residential Districts. The accompanying ordinance fulfills that direction. Discussion The attached ordinance is identical to the ordinance submitted to the Council on November 121 1996, except that it is not an urgency measure. staff recommends that the City Council consider making one change to the ordinance. At the hearing on November 12, 1996, one of the speakers eited a recent Court of Appeals decision in support of his argument that the proposed ordinance would impermissibly discriminate between renters and non-renters. Staff has reviewed 1 8A .,- ,r h' t,~ov 1 9 1998 that appellate decision. It is unclear whether a court would find the speaker's argument persuasive. However, the issue could be addressed by eliminating the prohibition against rentals contained in subsection (l) on page 16 of the ordinance. Eliminating this prohibi tion would also make the ordinance easier to administer because it would avoid any dispute about whether a caretaker I s services constitute rent. Moreover, eliminating this prohibition would not alter the policy decision already made by the Ci ty Council because the limitations on intended and actual use of second units would remain in place. RECOMMENDATION It is respectfully recommended that the accompanying ordinance with the change suggested above be introduced for first reading. PREPARED BY: Marsha Jones Moutrie, City Attorney 2 f:atty\muni\laws\mjm\scndunts.2 City Council Meeting 11-19-96 Santa Monica, California (CCS) ORDINANCE NUMBER (City Council Series) INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ALLOWING SECOND DWELLING UNITS IN THE R-1 AND OP-1 ZONING DISTRICTS UNDER SPECIFIED CIRCUMSTANCES, CLARIFYING THE ALLOWANCE OF SECOND UNITS IN MULTI-FAMILY RESIDENTIAL DISTRICTS, AND SPECIFYING STANDARDS FOR SECOND UNITS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinas and Purnose. The City council finds and declares: (a) Government Code section 65852.2 establishes requirements for the adoption of municipal standards applicable to second units in single-family and multi-family zones. It provides that, within 120 days after receiving the first application for such a unit, a city may either: (I) adopt an ordinance allowing for second units subject to local standards; or (2) prohibit second units based upon findings specified in Section 65852.2. If a city fails to exercise either of these options, then state standards specified in Section 65882.2 apply. (b) A principal goal of Government Code section 65852.2 is to ensure that all California cities make adequate provision for affordable housing. 1 (e) The Clty of Santa Monica fully supports this goal. The city has a long-standing commitment to the provision of affordable housing, and the city successfully effectuates this commitment through extraordinary effort manifest ln various City laws, policies and programs. (d) The City's voters have adopted initiative measures WhlCh ensure the protection of affordable housing in the city. The Rent Control Charter Amendment, adopted in 1979, has as its primary purpose the protection of affordable housing. Similarly, Proposition R, adopted by the voters in 1990, mandates that thirty percent of all housing units constructed each year in the city must be affordable. (e) The City's zoning laws and policies include substantial incentl.ves for the production of affordable housing, including height and density bonuses and reduced parking requirements. Addl.tlonally, unlike many cities' zoning laws, Santa Monica's permits some form of resldential use in all of the city's zones, including commercial and industrial. The only exception is the city's park zone, which is llmited to the city's parks. (f) The City operates a number of programs which facilitate the production of affordable housing. These include loans to private, for-profl.t developers and owners and funding to non-proflt agencies to acquire or construct housing units. (g) The City also funds many social service programs which provide emergency shelter, transitional housing and permanent and 2 supportive housing to indivlduals and families with very low incomes. (h) These and other laws, policies and programs have resulted in the preservation and production of an extraordinary number of affordable units within the city. The presence of these units has allowed a very substantial number of low and moderate income households to live in the city notwithstanding its prime location and hlgh real estate values. Census data shows that sixty percent of the City's households have low or moderate incomes. (i) At the same time as it has worked to ensure the preservation and production of adequate affordable housing, the city has also striven to protect residents' quality of life wlthin the City by maintaining a balance between the conflicting community needs. However, the preservatlon of this balance has been a difficult task because of certain unique characteristics of the city which are a function of its location and history. (j) Santa Monica is a coastal City, in a prime locatlon, bordered by the City of Los Angeles to the north, east and south. The land area of the city is small -- just 8 square miles -- and the population is approximately 90,000. Thus, the city is very dense. Moreover, the combination of an oceanside location, fine climate, and the availability of urban facilities, services and entertainments make Santa Monica an extremely desirable place to work or visit -- Just as it is a very desirable place to live. Consequently, a large number of non-residents come into the City to work or recreate. On weekdays, approximately 300,000 people are 3 present with1n the City. On weekends, the number swells to as high as 500,000. Thus, populatlon density and congestion both pose significant threats to the quality of life in Santa Monica. (k) The city's density is, in significant part, a function of its zoning. Since 1922, a relatively large portion of the City has been zoned multi-family; and a significant portion has been zoned commercial. Consequently, for many deeades, a relatively small percentage of property within the City has been zoned for single family residences. Thus, there are very few neighborhoods within the city which are neither densely developed nor periodically congested. (1) The density and congestion of the city and the threat which they pose to quallty of life is magnified by the lack of open space. The city has relatively little parkland; and the parks which do exist are very heavily used for a variety of purposes. These purposes include sports leagues and special events, both of which draw large crowds and generate substantial noise. The beach provides open space. However, this open space is utilized by tens and even hundreds of thousands of persons living throughout the Southern Californ1a region. Thus, very little space within the city is peaceful and quiet. (m) Even the limited portions of the City which are zoned single family experience unusual problems with noise, traffic and parking for several reasons. The hundreds of thousands of people who work in the City and visit it use the City's residential streets for travel and parking. Additionally, tens of thousands of 4 commuters drive through the City each work day to gain access to the Santa Monica Freeway; and this number is increas ing due to extens1ve development to the south of the City's border. These workers, visitors, and commuters impact noise levels, air qual~ty and traffic in the City's R-l and other residential neighborhoods. Moreover, in portions of the city, the commercial zones which run along the City's major east-west thoroughfares are adjacent to R-1 neighborhoods. The quality of residential life in these neighborhoods ~s impacted by the large numbers of persons patron1z~ng the businesses in these zones, which include restaurants, coffee houses and night clubs. Moreover, in the R-1 neighborhoods of the C1ty, a substantial number of second units already ex~st. Some of these were built as "accessory units" and are not permitted for dwelling. others were simply built without permits. Many of these units have been utilized as rental units and are therefore protected under the City's Rent Control Charter Amendment. Taken together, these factors mean that the city's single family neighborhoods are already denser, noisier, and more subject to parking and traffic problems than their zoning designations would indicate. (n) On June 18, 1996, the City received its first application for a Conditional Use Permit for a second unit on a property zoned for single family use. (0) On August 13, 1996, pursuant to the requirements of Government Code Section 65852.2, the city Council directed City staff to prepare an ordinance regulating second units in the R-1 5 district and directed the Planning Commission to review and comment on the proposed ordinance. In response, Staff proposed an ordinance, and the Planning Commission conducted a pUblic hear~ng on the proposed ordinance on September 11, 1996. (p) The proposed ordinance, together with mod1fications suggested by the Plann1ng Commission, came before the City council at its meeting of September 24, 1996; and the Council conducted a public hearing. (q) In the course of that hearing, a significant number of C1ty residents expressed their concerns about permitting the development of additional second units in the R-1 district. Many others expressed their concern by letter. Those concerns included: 1ncreased noise, increased air pollution, security risks, the creation and exacerbation of traffic and parking problems, inordinate demand on the infrastructure of older neighborhoods which were planned and built to be R-1, and the lack of quiet, peaceful spaces in the community. A much smaller number of speakers favored allowing second units in the single family districts. At the conclusion of the hearing, the Council deliberated on the available options and directed staff to prepare an ordinance which would prohibit second units in the R-l and OP-1 districts (hereinafter referred to in this section as the "R-1") only. (r) At the October 8, 1996 city Council meeting, the Counc~l considered an ordinance which clarified the allowance of second units in all multi-family districts, and prohibited second units in 6 the R-1 district subject to a limited "hardship exemption. II A public hearing was conducted and additional public testimony was received. Some property owners testified that second units were needed for occupancy by their dependents, or by care givers for themselves or their dependents. After the receipt of public test1mony and deliberation, the city Council introduced for first reading an ordinance which modified the proposed "hardship exemptionll to expand the circumstances under which second units would be allowed in the R-1 District. That ordinance was adopted on second reading as Ordinance Number 1866(CCS) on October 15, 1996 and 1S due to expire shortly. (s) In Ordinance 1866 (CCS), the City council found that permitting the development of additional second units in the city's limited R-1 districts would adversely impact the public health, safety and welfare. Such development would significantly erode the quality of life for residents of R-1 districts in Santa Monica. It would, among other things, exacerbate problems resulting from the City's overall density and the unusually large number of persons who work within the City, visit it for recreation, and travel thought it. These problems 1nclude noise, traffic, and a shortage of park~ng. Such development would also adversely affect quality of life by reducing those 11mited neighborhoods within the city which afford the possibility of a relatively tranquil environment and thereby serve as havens for City residents who walk, Jog, and ride bicycles on their quiet streets, using the streets in much the same way as parks. 7 (t) without limiting the foregoing, the city council also finds that many property owners in the R-1 District have dependents, such as elderly relatives or physically or mentally disabled adult children, who rely on the property owner for care. Second units provide an opportunity for limited independent l1ving for such dependents in close proximity to the property owner's home. Other R-l property owners have the need to house health care providers or other care givers for themselves of their dependents. Second units facilitate such an arrangement and provide a convenient residence for such caregivers. In some circumstances, substantial hardship may result to property owners who are unable to have second units on their property for the purposes described above. (u) Allowing second units in the R-1 district only for the use of dependents of the property owner, or caregivers of the property owners or dependents of the property owners, and subject to the other requirements of this Ordinance, should not result in an undue concentration of second units, and strikes an appropriate balance between the compet1ng needs identified above. (v) The city Council also finds and declares that it has been city policy to allow second units in the multi-family residential district, and permitting such units effectuates the city's and the state's policy of encouraging the development of affordable housing. (w) The purpose of this ordlnance is to conform with the requlrements of state law relating to second units in areas zoned 8 for single-famlly and mUlti-family residences; to clarify the allowance of second units ~n some areas of the City, while protecting the character of the s~ngle family residentlal distr1cts; and to provide reasonable design and development standards and procedures to foster and protect the public health, safety, welfare and aesthetic interests of the city. The City Council is mindful of the possibility that this ordinance may limit housing opportunltles in the region. However, in view of the many city laws, policies and programs which have successfully fostered affordable housing opportunities in the City, and in view of the extent and success of those efforts relative to efforts made by other cities in the region, any impact of this ordinance upon reg~onal housing needs will likely be negligible. (x) Pursuant to the City's Zoning Ordinance, further formal action is needed by both the Planning commission and the City Council to effectuate an amendment to the Zoning Ordinance to regulate second un1ts in accordance with the provisions of this Ordinance. Should the city not adopt this ordinance, development incompat1ble with the provisions of this Ordinance will occur, which would adversely affect the health, safety and welfare of the City and 1ts citizens, as described above. (y) For these reasons, pursuant to Santa Monica Municipal Code section 9.04.20.16.060, the city Council finds that another interim ordinance modifying Interim Ordinance Number 1866 (CCS) and extending it for eighteen (18) months is necessary because there eX1sts a current and immediate threat to the public health, safety, 9 or welfare, and approval of development incompatible with the standards of this interim ordinance would result in a threat to public health, safety, or welfare. This Ordinance extends the provisions of Ordinance 1866(CCS), as modified, to allow adequate time for formal zoning Ordinance amendments to be processed and adopted, and makes minor wording changes to the provisions of Ordinance 1866(CCS) to more accurately reflect the Council's action. SECTION 2. Definitions. As used in this Ordinance, these words have the following definitions: (a) "Second unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons and which is located or established on the same lot on which a single family residence is located. A second uni t shall contain permanent provisions for living, sleeping, eating, cooking and sanitation. "Second unit" shall also include an efficiency unit, as defined in section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in section 18007 of the Health and Safety Code. (b) "Existing second un1t" means a second unit which was developed prior to the effective date of this Ordinance. An exist~ng second unit shall be considered as either "legal non- conforming," if it conformed to the standards existing at the time it was developed, or as "non-permitted,1I if it was developed in a 10 manner lnconslstent with the applicable standards in effect at the time of development. SECTION 3. Applicability. The provisions of this Ordinance apply to existing non-permitted second units and to the development of all new second units. Existing legal non-conforming second units may remain, subject to the provisions of Subchapter 9.04.18 of the Zoning Ordinance. SECTION 4. Permitted Districts. Notwithstanding any provisions of the Municipal Code to the contrary, second units shall be permitted in all multi-family residential zoning districts subJect to the requirements of Section 5 below. Second units shall not be permitted in the R-l and OP-1 zoning districts, subject to the requirements of section 6 below. SECTION 5. Second units in the Multi-familv Residential Zoning D1stricts. This Ordinance clarifies existing City practice with respect to second units in the multi-family zoning districts. Notwithstanding anything in the Municipal Code to the contrary, second units shall be allowed in the following multi-family residential zoning districts according to the following standards: (a) R2R. An attached second unit, and a detached second unit when located on a parcel containing one single family home, shall be considered a "duplex," and shall be permitted 1n all circumstances in which development of a duplex would be permitted, 11 subject to compllance with the property development standards of the district. (b) R2, R3, R4, RVC, OP-Ouplex, OP-2, OP-4, and R3R. A second unit shall be considered a "multi-family" use, and be permitted, subject to compliance with the underlying property development standards of the district in which the property is located. (c) R2B. Development of a second unit shall be considered a permitted use, subject to compliance with the property development standards of the district. (d) Parking requirements. Parking requirements for second units in multi-family zoning districts shall be the same as parking requlrements for other mult1fam1ly dwelling units under the Zoning Ordinance. Pursuant to Government Code section 65852.2(e), the City Council finds that tandem parking for lots greater than 30 feet in width, and parking in the front one half of the parcel, are not otherwise permitted for residential uses anywhere else in the jurisdiction. SECTION 6. Second units in the R-1 and OP-1. A Use Permit may be granted for a second unit in the R-1 and OP-1 zoning districts if the unit is intended and used solely for occupancy by a dependent of the resident property owner, or a care giver of either the property owner or a dependent of the property owner, and if the owner demonstrates that substantial hardship to the owner 12 and the occupant(s) will result from denial of the permit. Such units must also comply with the following: (a) Use Permit reauired. A Use Permit shall be required for any second unit. The Use Permit shall be processed in accordance with the provisions of Part 9.04.20.11 of the zoning Ordinance. No Use Permit shall be granted unless the second unit complies with the provisions of this ordinance, and unless the findings required by Part 9.04.20.11 are made. A Use Permit application shall be subject to the standard fee for Use Permits as set by resolution of the City Council. (b) Occupancy and sale li~itations. The owner of record of the parcel shall reside on the parcel on which the second unit is located, in either the main dwelling unit or the second unit. A second unit may be occupied as a residential dwelling unit, and the Use Permit shall be valid only if and for so long as this condition, and the hardship requirements described in subsection (a) are satisfied. The second unit is not intended for, and shall not be offered for, sale separately from the main dwelling unit. (c) Lot S1ze. Second units may be developed on any legal parcel of 5000 square feet or more in the R-1 and OP-1 Districts. Second units may not be developed on parcels less than 5000 square feet in area. (d) Densitv. Second units may be developed on parcels which contain no more than one existing single-family residence. 13 (e) Maximum and Minimum Unit Size. Second units may contain a maximum of 650 square feet of floor area and a minimum of 220 square feet of floor area. (f) Parcel coveraoe. The parcel coverage of the second unit shall count toward total parcel coverage. The entire parcel shall conform to the parcel coverage limitation of the R-1 or OP-1 Districts as appllcable. (g) Parkino reauirements. For second units, one park~ng space per bedroom shall be required, with a minimum of one space per second unit. Tandem parking shall not be permitted unless the parcel upon which the second unit is located 1S less than 30 feet in width. Parking shall not be located in the front one half of the parcel. Pursuant to Government Code Section 65852.2{e), the C1ty council finds that tandem parking for lots greater than 30 feet ln w1dth, and parking in the front one half of the parcel, are not otherwise permitted for residential uses anywhere else in the jurisdiction. (h) Second units attached to the main dwellina. Except as otherwise provided above, the second unit shall comply with all the property development standards for the main dwelling. (1) Detached second units. In addition to the requirements set forth above, detached second units shall comply with the followlng: (1) One story detached second unit in a buildlng which 1S fourteen feet or less in height: The entire building in which such second unit is located shall comply with the requirements 14 applicable to accessory structures set forth in Zoning Ordinance section 9.04.10.02.1001 subsections (a), (b), (c), (d), and (e) and with the requlrements for accessory living quarters set forth in Zoning Ordinance section 9.04.12.080, subsections (c), (d), and (g). (2) Detached second unit in a building which is over one story or exceeds fourteen feet in height: The entire building in which such second unit is located shall comply with the requirements applicable to accessory structures set forth in Zoning Ordinance Section 9.04.14.110, subsections (a), (c), (d), (e), and (g) . (j) Design standards. (1) The exterior design of the second unit shall be substantially compatible with that of the main dwelling in terms of building forms, materials, colors, exterior finishes and landscaping. The parcel shall retain a single-family appearance and the second unit shall be integrated into the design of the existing improvements on the property. (2) The second unlt shall be clearly subordinate to the main dwelling unit on the parcel by size, location and appearance. (3) The entrance to the second unit shall not be on the front or street side yard. (4) The addresses of both units shall be displayed in a manner as to be clearly visible from the street. (k) Conversion of existinq structures. (1) Garage conversions. The creation of a second unit through conversion of all or a portion of a garage shall be 15 proh1bited unless at least two parking spaces in a garage are provided for the main dwelling, in addition to the parking required by this Ordinance for the second unit, and all other provisions of this Ordinance are met. (2) Guest auarters and non-aaraae accessory buildino - - - - conVersl0ns. The creation of a second unit through conversion of all or a portion of a guest quarters or non-garage accessory building shall be allowed if parking required by this Ordinance for the second unit is provided, and all other provisions of this Ordinance are met. (3) Conversion of existing floor area of the main dwelling. The creation of a second unit through conversion of part of the existing floor area of the main dwelling shall be allowed, provided it does not result in the floor area of the main dwelling being less than 150% of the floor area of the second unit, or in violation of the standards of the Uniform Building Code or Uniform Housing Code. (1) Prohibition aaainst rental. The second unit shall not be rented. (m) Deed Restriction. Prior to issuance of a building permit, or in the case of an existing second unit, within 45 days following the effective date of approval of a Use Permit, the appllcant shall record a deed restriction with the County Recorder in a form approved by the city Attorney setting forth the requirements of this Ordinance, including the applicable occupancy 16 and sale restrictions. This deed restriction shall run with the land. SECTION 7. Comoliance with other laws. Except as modified by this Ordinance, a second unit must meet the requirements of the zoning Ordinance, the Uniform Building Code, and all other relevant federal, state, and local requirements. SECTION 8. Fees for second units. For purposes of determining fees and other requirements, a second unit shall be considered an additional unit on the parcel, and fees shall be determ~ned in accordance with Government Code section 66000. SECTION 9. Comoliance with this Ordinance bv existino non- - - permitted second ~nits. All existing non-permitted second units must comply with the provisions of this Ordinance. SECTION 10. Any provision of the interim ordinances. the Santa Monica Municipal Code, or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modif1ed to that extent necessary to affect the provisions of this Ordinance. SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconsti tutional by a decision of any court of any competent 17 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 12. This Ordinance shall be of no further force or effect 18 months from its effective date, unless extended in the manner required by law. SECTION 13. This Ordinance is declared to be a measure adopted pursuant to the provisions of Section 9.04.20.16.060 of the Zoning Ordinance. It is necessary for preserving the public health, safety, or welfare, and the reasons for its adoption are set forth in the Findings and Purpose section of this Ordinance. SECTION 14. This Ordinance shall be applicable to any actions concerning second units, including any application for a second unit filed on or after November 29, 1996. SECTION 15. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper 18 within 30 days after its adoption. effective 30 days from its adoption. APPROVED AS TO FORM: ~~~ MARSHA ~ES MOUTRIE city Attorney 19 This Ordinance shall become B. All other grievances, including those involving performance evaluations, shall be resolved In the following manner: (1 ) Informal DIscussion The aggrieved employee(s) IS encouraged to meet with the Immediate supervisor to discuss the problem In an effort to clarify the problem and to work cooperatively towards settlement. (2) First Step If the matter cannot be satisfactorily resolved within thirty (30) days of the event giving rise to the grievance [or In the event that the employee could not have known of the event giVing rise to the grievance, within thIrty (30) days of learning of the event], the employee, or MEA on behalf of employee, shall submit the grievance In Writing, stating the nature of the grievance and the deSired solution to the second level superVisor, If any. The second level supervisor shall meet with the grievant and the grievant's representatlve(s), If any, no later than the grievant's fifth regularly scheduled work day follOWing presentation of the grievance. Within five (5) working days follOWing such meeting, the supervisor shall give a written deCISion to the grievant. If the second level supervisor does not have the authonty to resolve the grievance, It shall Immediately be forwarded to the Department Head or the appropnate authonty. (3) Second Step If the gnevance IS not resolved at the first step, the gnevance may be referred Within ten (10) days to the Department Head, who shall meet With the employee and the representative In an attempt to resolve the gnevance Within the grievant's fifth regularly scheduled work day follOWing the receipt of the grievance Within five (5) working days follOWing such meeting, the Department Head shall give a wntten deCISion to the gnevant. 57 Budget and F manclal Impact The recommendatlon contamed m this report does not have any budget or financ131lmpact RecommendatIOn Staff recommends that the CIty CounCIl conduct meetmgs on November 26. December 10. and December 17. 1996 Prepared by KatIe LlChtlg. Semor Management Analyst 2 . (3) If a management representative does not meet wIth the gnevant or render a decIsion within the time limits specifIed, the employee may Immediately exerCise the next step In the gnevance process (4) An employee who has Initiated a gnevance, or assisted another employee In InitiatIng and/or processing a gnevance, or who has testified at any heanng shall not In any way be coerced, hindered, intimIdated, or dlscnmlnated against for exercIsing this right. (5) For purposes of this Section, "days" shall mean regularly scheduled work days of the affected employee(s) unless otherwise specified D Representation (, ) Employees shall have the right to represent themselves Individually In grievance matters, or to be represented by MEA. (2) MEA shall notify the Personnel Director, In Writing, of Its designated employee grrevance representatives and shall provIde notifications of any change In such representatives. At the Informal Step and Step " MEA representatives may represent the grievant. At Step 2 and Step 3 and at any Personnel Board heanng, MEA may also deSignate an outsIde representative to represent the grievant or MEA. (3) Reasonable time off without loss of payor benefits shall be given to a gnevant or MEA employee gnevance representative to investigate and/or process gnevances, and to witnesses In any grievance meetings or hearing held dunng work hours. Before performing grrevance work, MEA representatives, the gnevant or witnesses shall obtam permiSSion from the Immediate supervisor. When the grrevance work IS completed, the MEA employees released under thiS Section shall return to work and complete their aSSigned work shifts if the work shift has not yet ended. Neither the gnevant nor the representatIve nor witnesses shall Interrupt or leave work If the supervisor determines that such interruptions or absence will unduly Interfere With the work of the employee. However, If the supervisor denies such time off, time off must be granted Within twenty-four (24) hours of such request. 59 Budget and FmancIaI Impact The recommendatIOn contamed m thIS repon does not have any budget or finanClallmpact RecommendatIOn Staff recommends that the elt} CouncIl conduct meetmgs on November 26. December 10. and December 1 7. 1996 Prepared by KatIe LIchtlg. Seruor Management Analyst 2