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SR-11-A (51) KB:ra f:\person\misc.counc~12 City Council Meeting' May 10, 1994 11A HAY 2 + f99.t HAV31199t TO: Mayor and City Counc~l FROM: Members of the Personnel Board SUBJECT: Recommendation that City Council direct the City Attorney to prepare an ord~nance to amend the Santa Monica Mun1c~pal Code Section 2.04.860 1I0utside Activitiesll INTRODUCTION This report requests that City Council direct the City Attorney to prepare an ordinance to amend Santa Monica Mun1cipal Code Section 2 04.860 110utside Actlvlties" to lnclude unclassified and part-time employees. BACKGROUND Currently, Santa Monica Mun1cipal Code 2.04.860 requires that full tlme employees in the classified service of the C1ty file an IIOutside Activity Request II if they wish to engage 1n additional employment or business activity for profit. The Department Head must review and approve the request and send lt to the Personnel Board for thelr review and approval. The Personnel Board looks for conflicts of responsibility between the proposed outside activity and the employee's Clty work responsibility. DISCUSSION Over the years there has been some concern that the outside actlv~ties of part-time employees and unclassified employees were not subject to the same level of review as those of full-time classlfled employees. The Personnel Board expressed their conceHAy 3 1 1994 Hearlng [City 1 i2AB at several monthly meetlngs and noticed a Public Charter Section 1012{b)] on October 27, 1993, to discuss amendlng Santa Monica Municipal Code Section 2 04.860 to include unclassified and part-tlme employees. This notice was posted in all designated postlng areas and sent to all Clty bargalnlng units The Public Hearing was held on Wednesday October 27, 1993. No comments from employees or the publ1c were received. BUDGET/FINANCIAL The Personnel Board's recommendatlon does not have City budget or flnancial impact. RECOMMENDATION Pursuant to City Charter Section 1012(b), "Personnel Board. Powers and dutles,!1 WhlCh states !IAfter a public hearlng thereon, recommend to the City Councll the adoption, amendment or repeal of Civil Service rules and regulatlons", the Personnel Board hereby recommends that the City Council direct the City Attorney to draft an ordlnance to amend Santa Monlca Municipal Code Section 2.04.860 to include part-tlme and unclassified employees. Attachment: Prepared by: Santa Monica Munlclpal Code Section 2.04.860 Karen Bancroft 2.l>4.860 Outside actlVlhes. Fullltme employees In [he ciasslilcd servIce of the City fT':lV engage 'n oart-l1me or occasIonal outside work. occupa- t'on or busmess aCllvlty for remuneration or protit. herem re'erred to as Outside ACtlvlty. ot:tslde of thelr regular workmg hours If such OutsIde ActIVIty will not mterfere .,,;(h the eific:ent and effective performance of their duties '..][11 the ellv and IS approved m advance bv the Personnel Board on wmten reccmmendatlon of the :lDDalnUng LlL.:tp.onr\t The appomn"'g authonty shall not recommend. nor shall the Personnel Board approve. any pro;Josed OutSide AClI\lty when sl.:cn actlvny would c:e:lte a confhct of responslolhty or dut\' between the employee's CIty work responsibility and the proposed Outside ActIVlty Any O;;,tslde Actlvaywruch would, by Its nature, tend to reduce [fJ.~ abilltv of the emOlovee to exerc-.se comoletelv mdeoen. 01 ~ .. ... '" ~ dent and unfettered judgment WIth resoect to effectively dlschargmg city work responsIbIhty IS proh1blted Notwlthstandmg any other prOVlSlOn of law, any OutsIde ActIVIty in any way reiated to the professlOnal field or offiCIal functlon of the City Manager. CIty Attorney, and City Clerk IS prohIbued except upon specIfic appl1c;mon and aoproval by the C:t... CounCIl. and any OutsIde Acm1ty :n any way related to the orofesslOnal field or offioal functlon of any Depanment Head or DIVISion Manager of the City IS proh1olted except upon soeclfic aophcatlon and approval by the C1t"l Manager. The City Manager shall detenrune wtuch poslOOns are "DI'I1SlOn MaJUgers." Educa~ uonal acuVltles at accrewted losutuUons are exempted from thiS prohIbition to the extent such actlVltleS do not conflict vmh the 0 maal functlons of such employees. (Pnor code ~ 21078. amended by Ord. No 1209CCS. adopted 7/14/81) l1B CCS:SEM.se.ccmemsr Council Meeting: May 24, 1994 MAY 2 It 199't MAY 3 1 199't Santa Mon~ca, California STAFF REPORT TO: Mayor and City Counc~l FROM: Recreation and Parks Commission SUBJECT Recommendation to Adopt Resolut~on Endorsing the Policy Regard~ng Memor~als in Parks INTRODUCTION This report presents a policy governing the placement of memor~als and tr~butes in Clty parks adopted by the Recreation and Parks Commission at their October 21, 1993 meeting and requests Counc~l adopt a resolution endorslng the policy. BACKGROUND In the past year, the Recreat~on and Parks Comm~ssion received two requests to create memorials to deceased City res~dents ~n City parks. The Commission has had an unwritten POllCY that provided for the placement of small plaques on benches in Pallsades and Ocean Vlew Parks. Neither request was consistent w~th that policy. A subcommlttee was formed to develop a recommended policy on WhlCh the public could comment. Commissioners Coleman, Glinos and Martinez were appointed at the Comm~ss~on meeting of Apr~l 26, 1993 to study the Commissioner Jenk~ns replaced Comm~ss~oner Martinez issue. MAY 3 1 199It at the MAY 2 ,. 1994 lIB ~ completion of her term The subcommlttee considered policies of other munlcipali ties in their deliberations and reached early agreement on the followlng parameters: o A policy lS needed to prevent a proliferation of memorlals that would eventually change the nature of the public's experlence of these spaces which should celebrate the~r natural beauty and not become funereal or cemetery-Ilke. o Unless the individual memorial~zed lS of extraordinary stature, free standlng memorlals become objects of curlosity with the passage of tlme. o A memorial program must beneflt the general publlc, not only the family and friends of the lndlvldual being memorialized. o All costs of a memorlal, lncludlng time and materlals should be borne by the requestlng party. o There should be a range of memorlal and tribute opportunities avallable to lndlvlduals of all lncorne levels. o The program should pertaln to parks City-wide. POLICY STATEMENT The followlng policy statement was adopted by Cornmisslon at their meetlng of October 21, 1993. POLICY REGARDING THE PLACEMENT OF MEMORIALS AND TRIBUTES IN CITY PARKS Clty parks are a scarce resource provided for actlve recreational use and passive celebratlon of natural beauty by the general 2 ~ publlC. The Recreation and Parks Commission recognlzes the deslre of members of the public to memorialize or pay tribute to deceased frlends or relatlves at or ln conjunction with a favorite park or recreatlonal activity The Commission belleves that placement of memorials or trlbutes to prlvate lndlviduals in City parks must be governed by a policy that preserves a posltlve experience for the public in the park, ensures that all costs of a memorial or tribute are borne by those requesting it, and provldes a net benefit to park users. The followlng types of memorials are authorlzed on the following condltlons, subject to specific approval whlch shall be given on a case by case basis consistent with the foregoing policy: o For a minimum contributlon of $25 to the City's tree fund or recreation scholarshlp fund, a memorial certlflcate may be provided to the famlly or friend and the gift may be acknowledged in an annual report kept on file at the Santa Monica PubllC Llbrary. o For a donatlon to the tree fund of the value of an existing tree as determlned by the Director of Community and Cultural Services and the cost of staff tlme and materlals, a small memorial plaque of a unlform design determlned by the Director of Community and Cultural Services and bearlng the speCles name and the name of the individual honored may be placed at the base of the tree. o For the cost of acquisltlon and installatlon, a bench, drinking fountaln or other public amenlty certified as needed and consistent with park design standards by the Director of Community 3 and Cultural SerV1ces may be donated An appropriate memor1al plaque, as determ1ned by the Director of Commun1ty and Cultural SerV1ces, may be affixed to the donated amen1ty. o Placement of free standing memorials to lnd1V1duals in parks will be cons1dered only when the 1ndividual memor1al1zed 1S of extraord1nary stature and the memorial is except10nal 1n design. An extended approval process involving appropr1ate commissions and C1ty Council act10n w1ll be required. When a park is scheduled for renovation, no plaques or amenities may be placed unt11 park design standards and amenity selectlons are f1nal1zed. The C1ty will not bear responsibll1ty for replacement of lost, stolen or vandalized plaques. BUDGETARY/FINANCIAL IMPACT As all costs, 1nclud1ng staff time, w1lI be borne by the requesting party, there 1S no financlal lmpact. Any necessary budget changes w1II be requested through regular budget procedures. RECOMMENDATION Staff recommends that Councll adopt the attached resolution endors1ng the policy regarding Memor1als in Parks proposed by the Recreat10n and Parks Commission. Prepared by: Susan E McCarthy, D1rector Commun1ty and Cultural Serv1ces 4 CCS:SEM:se:memreso Santa Monica, Californla Council Meeting: May 24, 1994 RESOLUTION NO. 8758 A RESOLUTION OF THE CITY OF SANTA MONICA GOVERNING THE PLACEMENT OF MEMORIALS AND TRIBUTES IN CITY PARKS WHEREAS, the City prov~des publ~c parks for actlve recreational use and passive celebratlon of natural beauty by the general publlCi and WHEREAS, members of the public wish to memoriallze friends or relatives at or in conlunction wlth a favorlte park or recreational actlvitYi and WHEREAS, the Recreation and Parks CommlSSlon has adopted the follow~ng pollcy regarding the placement of memorlals in parks, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS, SECTION 1. To endorse the following pollcy of the Recreatlon and Parks Commlssion adopted by them on October 21, 1993: POLICY REGARDING THE PLACEMENT OF MEMORIALS AND TRIBUTES IN CITY PARKS Clty parks are a scarce resource provlded for actlve recreatlonal use and passlve celebratlon of natural beauty by the general 1 Adopted and approved this 31 st day of May, 1994 (] ~~ it I Mayor I hereby certify that the foregOIng ResolutIon 8758 (CCS) was duly adopted at a meetIng of the CIty CouncIl held on the 31st day of May, 1994 by the folloWIng vote Ayes: CouncIlmembers: Abdo, Genser, Greenberg, Holbrook, Olsen. RosensteIn, Vazquez Noes Councilmembers. None Abstam CouncIlmembers None Absent Councllmembers None ATTEST. ~./u/M~ - City Clefk .........--