|
|
Title 2
ADMINISTRATION AND PERSONNELChapters:
2.01 General Administration
2.05 Bonds for Officials
2.06 Indemnification of Employees and Officers
2.10 Municipal Court
2.15 Planning Commission
2.20 Repealed
2.21 Repealed
2.22 Repealed
2.24 Repealed
2.25 Department of Planning and Community Development
2.26 Repealed
2.27 Repealed
2.35 Civil Service
2.40 Library System
2.44 Repealed
2.45 Park Code
2.46 Repealed
2.47 Repealed
2.49 Recycled Product Procurement Policy
2.50 Wellness Program
2.55 Employee Assistance Program
2.60 Leave Sharing
2.65 Personnel Policies and Procedures
2.75 Emergency Management
Chapter 2.01
GENERAL ADMINISTRATIONSections:
2.01.010 Normal office hours.
2.01.015 Authority of City Manager.
2.01.010 Normal office hours.
Normal office hours for transaction of business at City Hall and other offices open to the public shall be Monday through Friday, between the hours of 8:30 a.m. and 5:00 p.m., exclusive of legal holidays as defined by RCW 1.16.050. (Ord. 02-1040 § 1)
2.01.015 Authority of City Manager.
The City Manager shall have the authority to extend office hours to accommodate official business and activities and also to close City Hall and other offices for good cause to include, but not be limited to, disaster, terrorism, emergency management, relocation of departments, and inclement weather. Any such closure shall, however, be terminated as soon as reasonably possible. (Ord. 02-1040 § 1)
Chapter 2.05
BONDS FOR OFFICIALSSections:
2.05.010 Bonds required.
2.05.020 Procurement of bonds.
2.05.010 Bonds required.
The City Manager, the City Clerk, the Senior Accountant/Treasurer, and the Court Administrator shall annually furnish an official bond conditioned on the honest and faithful performance of their official duties, the premiums on which shall be paid by the City. (Ord. 90-1063 § 1)
2.05.020 Procurement of bonds.
The City Manager is hereby authorized and directed to secure such bonds through the City’s insurance broker of record. (Ord. 90-1063 § 2)
Chapter 2.06
INDEMNIFICATION OF EMPLOYEES AND OFFICERSSections:
2.06.010 Procedure for indemnification of officers and employees created.
2.06.020 Definitions.
2.06.030 Legal representation.
2.06.040 Exclusions.
2.06.050 Determination of exclusion.
2.06.060 Representation and payment of claims – Conditions.
2.06.070 Effect of compliance with conditions.
2.06.080 Failure to comply with conditions.
2.06.090 Reimbursement of incurred expenses.
2.06.100 Conflict with provisions of insurance policies.
2.06.110 Pending claims.
2.06.120 Modification of chapter.
2.06.010 Procedure for indemnification of officers and employees created.
There is hereby created a procedure to provide for indemnification and for defense of claims of liability arising from acts or omissions of officers and employees of the City, including volunteers, while performed or in good faith purported to have been performed in the scope of the official duties of such officers or employees, including volunteers. (Ord. 94-1007 § 1)
2.06.020 Definitions.
Unless the context indicates otherwise, the words and phrases used in this chapter shall have the following meaning:
A. “Employee” means any person who is or has been employed by the City, including volunteers and members of advisory Boards and Commissions appointed by the Mayor with confirmation by the City Council.
B. “Official” means any person who is serving or has served as an elected City official, and any person who is serving or who has served as an appointed officer of the City as defined by State law. (Ord. 97-1006 § 1: Ord. 94-1007 § 1)
2.06.030 Legal representation.
A. The City shall provide to an official or employee, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the City, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the City in his/her capacity as a City official or employee, which act or omission is within the scope of his/her service or employment with the City.
B. The legal services shall be provided by the office of the City Attorney unless:
1. Any provision of an applicable policy of insurance provides otherwise; or,
2. The City Manager appoints alternate legal counsel to the case. (Ord. 94-1007 § 1)
2.06.040 Exclusions.
A. Except as otherwise determined pursuant to Section 2.06.050, in no event shall protection be offered under this chapter by the City to:
1. Any dishonest, fraudulent, criminal, wilful, intentional or malicious act or course of conduct of an official or an employee;
2. Any act or course of conduct of an official or employee which is not performed on behalf of the City;
3. Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the City; and/or,
4. Any lawsuit brought against an official or employee by or on behalf of the City;
5. Any action or omission contrary to or not in furtherance of any adopted City policy.
B. The provisions of this chapter shall have no force or effect with respect to any accident, occurrence or circumstance for the which the City or the official or employee is insured from whatever source against loss or damage; provided that the provisions of this chapter shall apply in the event the loss or damages fall within the deductible or exclusion(s) of the City’s applicable insurance policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance whether owned by or otherwise applicable to any official or employee. The City shall have the right to require an employee to fully utilize any such policy protection prior to requesting the protection afforded by this chapter. (Ord. 94-1007 § 1)
2.06.050 Determination of exclusion.
The determination of whether an official or employee shall be afforded a defense by the City under the terms of this chapter shall be made by the City Council on the recommendation of the City Manager. The decision of the City Council shall be final as a legislative determination and shall be based upon a finding that an official or employee meets or does not meet the criteria of this chapter. Nothing herein shall preclude the City from undertaking an officer’s or employee’s defense under a reservation of rights. The determination as to whether a defense is to be furnished as provided under this chapter to a member or to members of the City Council shall be made without the vote of such member or members of the City Council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or lawsuit affects a quorum or greater number of the members of the City Council, all such affected members shall retain their voting privileges under this section. (Ord. 94-1007 § 1)
2.06.060 Representation and payment of claims – Conditions.
The provisions of this chapter shall apply only when the following conditions are met:
A. In the event of any incident or course of conduct potentially giving rise to a claim for damages, or for the commencement of a lawsuit, the official or employee involved shall, as
soon as practicable, give the City Manager written notice thereof; identifying the official or employee involved, all information known to the official or employee involved with respect to the date, time, place and circumstances surrounding the incident or conduct giving rise to the potential claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses.
B. Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the City Manager, and shall cooperate with the City Attorney or if the City Attorney authorizes or designates another attorney to handle the matter, with that attorney, and, upon request, shall assist in making settlement of any suit and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the City because of any damage or claim of loss arising from said incident or course of conduct, including, but not limited to, rights of recovery for costs and attorney’s fees arising out of State or Federal statute upon a determination that the lawsuit brought was frivolous in nature.
C. Such official or employee shall attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining assistance of witnesses all without any additional compensation to the official or employee, and, in the event that an employee has left the employ of the City, no fee or compensation shall be provided; and,
D. Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense related to said claim or lawsuit, other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss or damage. Nothing herein shall be deemed to preclude any official or employee from retaining an attorney to represent his/her interests relating to such claim or lawsuit; however, all costs and expenses incurred thereby shall be paid by the official or the employee. (Ord. 94-1007 § 1)
2.06.070 Effect of compliance with conditions.
If legal representation of an official or employee is undertaken by the City, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement is made, the City shall pay such judgment or settlement; provided, that the City may at its discretion appeal as necessary any such judgment. (Ord. 94-1007 § 1)
2.06.080 Failure to comply with conditions.
In the event that any official or employee fails or refuses to comply with any of the conditions set forth in Section 2.06.060 of this chapter, or elects to provide his/her own representation with respect to any such claim or litigation, then all of the provisions of this chapter shall be inapplicable, and shall have no force or effect with respect to any such claim or litigation. (Ord. 94-1007 § 1)
2.06.090 Reimbursement of incurred expenses.
A. If the City determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the City shall pay any judgment rendered against the official or employee and reasonable attorney’s fees incurred in defending against the claim. The City shall pay any costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter; provided, that if a court of competent jurisdiction determines that such claim does not come within the provisions of this chapter, then the official or employee shall pay the City’s costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is not covered under the provisions of this chapter.
B. If the City determines that a claim against a City official or employee does come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the City shall be reimbursed by the official or employee for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter. (Ord. 94-1007 § 1)
2.06.100 Conflict with provisions of insurance policies.
The indemnification provisions of this chapter do not constitute a policy of insurance, and nothing contained in this chapter shall be construed to modify or amend any provisions of any policy of insurance where City official or employee thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing contained in this chapter shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this chapter, it being the intent of this chapter to provide the coverage detailed in this chapter only outside and beyond insurance policies which may be in effect while not compromising the terms and conditions of such policies by any conflicting provisions contained in this chapter. (Ord. 94-1007 § 1)
2.06.110 Pending claims.
The provisions of this chapter shall apply to any claims or lawsuits filed against any official or employee, and any such claims or lawsuits hereinafter filed, irrespective of the date of the events or circumstances which are the basis of such claim or lawsuit. (Ord. 94-1007 § 1)
2.06.120 Modification of chapter.
The provisions of this chapter shall be subject to amendment, modification and repeal, at the sole discretion of the City Council, provided that any such amendment, modification or repeal shall apply prospectively only, and shall have no effect on the obligation of the City to indemnify and/or defend against any claim which is based, in whole or in part, upon any action or omission of an official occurring prior to the effective date of the amendment, modification or repeal. (Ord. 94-1007 § 1)
Chapter 2.10
MUNICIPAL COURTSections:
2.10.010 Creation of a Traffic Violations Bureau.
2.10.020 Processing of citations.
2.10.030 Deleted.
2.10.040 Forfeited moneys to general fund.
2.10.050 Administration of the Traffic Violations Bureau.
2.10.060 Municipal Court established.
2.10.070 Court seal.
2.10.080 Jurisdiction.
2.10.090 Judges – Appointment – Qualifications.
2.10.100 Salaries – Costs.
2.10.110 Removal of judge.
2.10.120 Municipal Court employees.
2.10.130 Judges pro tem.
2.10.140 Judicial vacancy.
2.10.150 Municipal Court hours.
2.10.160 Revenue deposits.
2.10.170 Rules of pleading, practice and procedure.
2.10.180 Public defender – Appointment.
2.10.190 Public defender – Statement for services.
2.10.200 Public defender – Payment.
2.10.210 Use of credit cards.
2.10.220 Use of collection agencies and attorneys.
2.10.010 Creation of a Traffic Violations Bureau.
There is hereby created and established a City Traffic Violations Bureau which shall be located at the City offices. (Ord. 90-1035 § 3)
2.10.020 Processing of citations.
The Traffic Violations Bureau shall initially receive all citations charging violations of City ordinances. The Traffic Violations Bureau shall receive and post bail and penalties and shall issue receipts therefor. Forfeitures of bail and penalties on forfeitable misdemeanor charges and traffic infractions shall be accepted by the Traffic Violations Bureau. (Ord. 90-1035 § 4)
2.10.030 Transfer of citations to district court.
Deleted by Ord. 91-1040. (Ord. 90-1035 § 5)
2.10.040 Forfeited moneys to general fund.
All moneys paid as bail or penalties and forfeited to the Traffic Violations Bureau for violations of ordinances of the City shall be placed in the general fund of the City. (Ord. 98-1014 § 1: Ord. 90-1035 § 6)
2.10.050 Administration of the Traffic Violations Bureau.
The Traffic Violations Bureau shall be administered by the City’s Court Administrator. (Ord. 90-1035 § 7)
2.10.060 Municipal Court established.
Effective on January 1, 1991, there is re-established a “Municipal Court of the City of SeaTac,” hereinafter referred to as the “Municipal Court,” which court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW, together with all such other powers and jurisdiction as are generally conferred upon courts of limited jurisdiction in the State of Washington either by common law, the general law, or by express statute. (Ord. 90-1035 § 8)
2.10.070 Court seal.
The Municipal Court shall have a seal which shall be the vignette of George Washington, with the words “Seal of the Municipal Court of SeaTac, State of Washington”, surrounding the vignette. (Ord. 90-1035 § 9)
2.10.080 Jurisdiction.
The Municipal Court shall have exclusive original jurisdiction over traffic infractions arising under City ordinances, exclusive original criminal jurisdiction of all violations of City ordinances duly adopted by the City, and concurrent jurisdiction over all misdemeanors and gross misdemeanors whether cited under State law or City ordinances. The Municipal Court shall have original jurisdiction of all other actions brought to enforce or recover license, permit or code enforcement penalties or forfeitures declared or given by such ordinances or by State statutes. The Municipal Court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, including traffic and civil infractions, arising under such ordinances or statutes and to pronounce judgment in accordance therewith. (Ord. 98-1014 § 2: Ord. 90-1035 § 10)
2.10.090 Judges – Appointment – Qualifications.
A. Within thirty (30) days after the effective date of the Municipal Court, a Municipal Judge shall be appointed for a term of four (4) years until December 31, 1994. The term of a successor shall commence on January 1st of the year thereafter and shall continue until December 31st of the fourth year thereafter, pursuant to appointment as provided below.
B. The Municipal Judge shall be appointed by the City Manager, subject to confirmation by the City Council, for a term of four (4) years. Appointments shall be made on or before December 1st of the year next preceding the year in which the term is to commence.
C. A person appointed as Municipal Judge shall be a citizen of the United States of America and of the State of Washington; and an attorney admitted to practice law before the courts of record of the State of Washington. (Ord. 90-1035 § 11)
2.10.100 Salaries – Costs.
The salary of the Municipal Judge shall be fixed by ordinance upon adoption of the City’s annual budget. All costs of operation of the Municipal Court, including but not limited to salaries of judges and court employees, dockets, books of records, forms, furnishings and supplied shall be paid wholly out of the funds of the City. Jurors shall be paid a fee of twenty dollars ($20.00) per day and mileage allowance pursuant to RCW 43.03.060. The City shall provide a suitable place for holding court and pay all expenses of maintaining it. (Ord. 91-1007 § 1: Ord. 90-1035 § 12)
2.10.110 Removal of judge.
A Municipal Judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office. Any vacancy in the Municipal Court due to death, disability or resignation of the Municipal Judge shall be filled by the City Manager, subject to confirmation by the City Council, for the remainder of the unexpired term. The appointed judge shall be qualified to hold the position of judge of the Municipal Court as provided in this chapter. (Ord. 90-1035 § 13)
2.10.120 Municipal Court employees.
All employees of the Municipal Court shall be employees of the City and all applicable personnel practices and procedures and/or collective bargaining agreements with respect to hiring and termination, and personnel administration shall be followed; provided, that the Municipal Court Judge shall have the responsibility for and authority over judicial functions and Court administration duties with which Municipal Court employees are involved. (Ord. 93-1035 § 1: Ord. 90-1035 § 14)
2.10.130 Judges pro tem.
The Municipal Court Judge shall, in writing, appoint judges pro tem who shall serve in the absence or disability of the regular Judge of the Municipal Court, subsequent to the filing of an affidavit of prejudice, or when the administration of justice and the accomplishment of the work of the court make it necessary. The judges pro tem shall be qualified to hold the position of judge of the Municipal Court as provided herein. Before entering upon judicial duties, each judge pro tem shall take, subscribe, and file an oath in the same form as that of the duly appointed Municipal Judge, and thereafter shall have all of the powers of the appointed Municipal Judge. The judges pro tem shall receive such compensation as is received, on an hourly basis, by the Municipal Judge, or as otherwise fixed by resolution or ordinance. (Ord. 00-1040 § 1: Ord. 98-1014 § 3: Ord. 90-1035 § 15)
2.10.140 Judicial vacancy.
Any vacancy in the Municipal Court due to a death, disability, or resignation of a Municipal Judge shall be filled by the City Manager, subject to confirmation by the City Council, for the remainder of the unexpired term. The appointed Municipal Judge shall be qualified to hold the position of Judge of the Municipal Court as provided in this chapter. (Ord. 90-1035 § 16)
2.10.150 Municipal Court hours.
The Municipal Court shall be open during all regular business days and hours as the other offices of the City shall be open, but the dates and times of open court shall be as set by the Municipal Judge; provided, that the sessions of the open court shall not be on nonjudicial days. (Ord. 90-1035 § 17)
2.10.160 Revenue deposits.
All fees, costs, fines, forfeitures and other moneys imposed or collected by the Municipal Court for the violation of any City ordinance, together with any other revenue received by the Municipal Court, shall be deposited with the City Treasurer as part of the general fund of the City. (Ord. 90-1035 § 18)
2.10.170 Rules of pleading, practice and procedure.
The rules of pleading, practice and procedure before the Municipal Court shall be in accordance with the Rules for Courts of Limited Jurisdiction, as published by the Washington Supreme Court, as currently in effect, as may be subsequently amended. (Ord. 90-1035 § 19)
2.10.180 Public defender – Appointment.
The Municipal Judge is authorized to appoint, on a case to case basis, as may be required, an attorney licensed to practice before the courts of the State of Washington, to act as public defender in representing indigent persons charged with offenses triable in the Municipal Court and cases appealed therefrom. (Ord. 90-1035 § 20)
2.10.190 Public defender – Statement for services.
The attorney appointed to act as public defender shall present his statement for services to the City, and the same shall be paid in the same manner as the other obligations of the City. (Ord. 90-1035 § 21)
2.10.200 Public defender – Payment.
The charges submitted by the public defender and approved by the City Council shall be paid from the current fund. (Ord. 90-1035 § 22)
2.10.210 Use of credit cards.
The Municipal Court may permit the use of credit cards for purposes of billing and collecting unpaid penalties, fines, costs, assessments, and forfeitures imposed. The Municipal Court may enter into agreements with one or more financial institutions for the purpose of such collections. The said agreements may specify conditions, remuneration for services, and other charges deemed appropriate, upon confirmation by the City Council. (Ord. 90-1035 § 23)
2.10.220 Use of collection agencies and attorneys.
A. The Municipal Court may use collection agencies as defined by Chapter 19.16 RCW for purposes of collecting unpaid penalties on infractions, criminal fines, costs, assessments, civil judgments, or forfeitures that have been imposed by the Court. The Municipal Court may enter into agreements, with the confirmation of the City Council, with one (1) or more attorneys or collection agencies for collection of outstanding penalties, fines, costs, assessments, and forfeitures. These agreements may specify the scope of work, remuneration for services, and other charges deemed appropriate.
B. Servicing of delinquencies by collection agencies or by collecting attorneys in which the Municipal Court retains control of its delinquencies shall not constitute assignment of debt.
C. The term “debt” shall include penalties, fines, costs, assessments, or forfeitures imposed by the Municipal Court.
D. The Municipal Court may assess, as court costs, the moneys paid for remuneration for services or charges paid to collecting attorneys, to collection agencies, or, in the case of credit cards, to financial institutions. (Ord. 90-1035 § 24)
Chapter 2.15
PLANNING COMMISSIONSections:
2.15.010 Agency created.
2.15.020 Membership.
2.15.030 Appointment.
2.15.040 Term of office.
2.15.050 Rules of procedure.
2.15.060 Compensation.
2.15.070 Expenses.
2.15.080 Conflicts of interest.
2.15.090 Meetings.
2.15.100 Joint meetings authorized.
2.15.105 General duties.
2.15.110 Comprehensive Plan.
2.15.120 Development regulations.
2.15.130 Research.
2.15.135 Annual work plan.
2.15.140 Summaries of public hearings.
2.15.010 Agency created.
There is hereby created a planning agency to be known as “The Planning Commission of the City of SeaTac,” to serve in an advisory capacity to the City Council, and to serve at the pleasure of the Council. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 1)
2.15.020 Membership.
There shall be five (5) members of the Planning Commission. Three (3) of the members shall be residents of the City. Two (2) of the members shall own, operate or be employed by business entities located within the City, but, if such candidates cannot be found, then the fourth and/or fifth member shall be residents of the City. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 2)
2.15.030 Appointment.
The members of the Planning Commission shall be appointed by the Mayor, subject to confirmation by the City Council. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 3)
2.15.040 Term of office.
Commencing upon expiration of the term of any member serving on the effective date of Ordinance No. 90-1047, the members of the Planning Commission shall serve at the pleasure of the City Council for a term of three (3) years, or until appointment of a successor member, whichever is later. If a member of the Planning Commission shall be absent, without prior notification and excuse, from three (3) consecutive regularly scheduled meetings of the Commission, the Chairperson shall report that fact and circumstances to the Mayor, who may declare the position held by that member vacant and a new member may be appointed in the manner set forth at SMC 2.15.030. In the event of the extended excused absence or disability of a member, the Mayor, with concurrence of the City Council, may appoint a member pro tempore to serve during the absence or disability; provided, that any such pro tempore appointment shall be for a period of time not to exceed eight (8) months, unless extended by the Mayor, with concurrence of the City Council. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 97-1006 § 2: Ord. 95-1027 § 1; Ord. 94-1044 § 1; Ord. 94-1033 § 1; Ord. 90-1047 § 4)
2.15.050 Rules of procedure.
The Planning Commission shall elect its own Chairperson. A majority of the membership of the Planning Commission shall constitute a quorum for the transaction of business. Any action taken by a majority of the members present, when those present constitute a quorum, at any meeting of the Planning Commission shall be deemed to be the action of the Commission. The Planning Commission shall follow the latest edition of Robert’s Rules of Order and, if desired, may submit to the City Council, for adoption, rules of procedure for the conduct of its business. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 94-1032 § 1; Ord. 90-1047 § 5)
2.15.060 Compensation.
The members of the Planning Commission shall serve without compensation. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 6)
2.15.070 Expenses.
The City Council may appropriate funds within the budget of the Department of Planning and Community Development to provide for staff support and supplies for use of the Planning Commission as may be approved by the Director of the Department. The City shall provide to the Planning Commission adequate space and facilities and necessary supplies to facilitate the official business of the Commission. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 7)
2.15.080 Conflicts of interest.
If any member of the Planning Commission concludes that he or she has a conflict of interest or an appearance of fairness problem with respect to a matter pending before the Commission, that member shall disqualify himself or herself from participating in the deliberations and the decision-making process with respect to that matter. If the Mayor and City Manager conclude that a member has a conflict of interest or an appearance of fairness problem with respect to a matter pending before the Commission, that member shall be disqualified from participating in the deliberations and the decision-making process with respect to that matter. In either event, the Mayor may appoint, without necessity of confirmation by the City Council, a person to serve as an alternate on the Planning Commission in regard to that particular matter. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 8)
2.15.090 Meetings.
The Planning Commission shall hold such meetings as may be required for the completion of its responsibilities, but regular meetings shall be held not less than bimonthly unless there is no business to be considered by the Commission. The City Manager shall designate a City employee to act as staff liaison to the Planning Commission. The staff liaison shall produce, in cooperation with the Chair, an agenda for distribution to the Council and interested persons and entities not later than one (1) week prior to the next meeting of the Commission. The staff liaison shall attend each meeting of the Commission and shall take and publish minutes of each meeting and each public hearing. The staff liaison shall provide copies of the agenda, the published minutes of meetings and public hearings to each member of the Planning Commission and to each member of the City Council. Prior to any public hearing, the staff liaison person shall prepare and provide to the Commission a City staff report and all appropriate documentary information. The membership of the Planning Commission may, if desired, request that a Councilmember act as the staff liaison person. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 95-1012 § 1: Ord. 90-1047 § 9)
2.15.100 Joint meetings authorized.
The Planning Commission may hold joint meetings with one (1) or more City or County planning agencies and may engage in regional planning activities. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 10)
2.15.105 General duties.
The general duties of the Planning Commission shall be as set forth in the following language of the report on the Council’s Task Force on Citizens Advisory Committees:
The Commission shall assist in providing additional information and work on projects assigned by the Council as the Council establishes policy for the City. It is important that the Commission maintains creditability and open communication with the Council in order to be of utmost assistance to the Council’s decision-making process. The Council’s function of establishing policy for the City can be greatly enhanced by quality advice presented from the Planning Commission in a manner that supports the Council’s policies. (Ord. 02-1008 § 1: Ord. 98-1024 § 2)
2.15.110 Comprehensive Plan.
The Planning Commission shall prepare the Comprehensive Plan for the City, in accordance with State law, specifically including the Growth Management Act, and shall recommend the same to the City Council for adoption. The Planning Commission may thereafter, from time to time, but not more frequently than once every year, recommend to the City Council such changes, amendments or additions to the Comprehensive Plan as may be deemed desirable. In preparing such recommendations, the Commission shall adhere to the City’s Comprehensive Plan amendment procedures. If directed by the City Council, the Planning Commission shall prepare and recommend a Comprehensive Plan and/or proposed zoning regulations for territory which may be annexed, and hold public hearings on such plans and regulations. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 11)
2.15.120 Development regulations.
The Planning Commission shall recommend to the City Council such development regulations which may be deemed necessary, but which shall be consistent with and shall implement the Comprehensive Plan, to include the following:
A. Amendments to the Environmental Code, Chapter 13.30 SMC;
B. Amendments to the Subdivision Code, SMC Title 14;
C. Amendments to the Zoning Code, SMC Title 15, or the Official Zoning Map;
D. Individual or City-wide rezones initiated by the City;
E. Amendments to the Development Review Code, SMC Title 16;
F. Hearing applications for special district overlays as area zoning is adopted in conjunction with amendments to the Comprehensive Plan, pursuant to SMC 15.28.070(A);
G. Holding of public hearings as required;
H. Such other actions as may be requested or remanded by the City Council. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 12)
2.15.130 Research.
The Planning Commission shall, with the assistance of the staff liaison and the City Manager, or designee, act as the research and fact finding agency of the City in regard to land uses, housing, capital facilities, utilities, transportation, and in regard to classification of lands as agriculture, forest, mineral lands, critical areas, wetlands and geologically hazardous areas. The Commission may undertake such surveys, analyses, research and reports as may be generally authorized or as may be specifically requested by the City Council. The Commission is specifically authorized to join with and cooperate with the planning agencies of other cities and counties, to include regional planning agencies, in furtherance of such research and planning. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 95-1012 § 1: Ord. 90-1047 § 13)
2.15.135 Annual work plan.
Annually, by July 15th of each year, to coincide with the City’s preliminary budget review process, the Planning Commission shall submit to the City Council a work plan for the ensuing calendar year, together with a report on progress made in implementing the goals and requirements of State law and on the status of land use policies and procedures within the City, for the purpose of assisting the Council in establishing a budget to support the Commission, as follows:
A. A description of all anticipated amendments to the Comprehensive Plan;
B. Anticipated preparation of subarea plans;
C. Area rezones;
D. Adoption or amendment of development regulations together with public hearings;
E. Any other studies and projects reasonably expected to be undertaken;
F. Estimated hours of staff liaison time to prepare for those projects and to attend meetings;
G. Any estimated direct expenses. (Ord. 02-1008 § 1: Ord. 98-1024 § 2)
2.15.140 Summaries of public hearings.
The Planning Commission shall provide to the City Council a written summary of every public hearing held by the Commission at a following study session or regular meeting of the City Council but not less than two weeks prior to the Council’s action on the subject of the public hearing. (Ord. 02-1008 § 1: Ord. 98-1024 § 2: Ord. 90-1047 § 14)
Chapter 2.20
HUMAN SERVICES COMMISSION(Repealed by Ord. 98-1024)
Chapter 2.21
ARTS COMMISSION(Repealed by Ord. 95-1003)
Chapter 2.22
HUMAN RELATIONS COMMISSION(Repealed by Ord. 98-1024)
Chapter 2.24
AMERICANS WITH DISABILITIES ACT CITIZENS’ ACCESS COMMITTEE(Repealed by Ord. 98-1024)
Chapter 2.25
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENTSections:
2.25.010 Definitions.
2.25.020 Department of Planning and Community Development created.
2.25.030 Comprehensive Plan duties.
2.25.040 Coordinating planning with other agencies.
2.25.050 Cooperation with agencies.
2.25.060 Comprehensive Plan – Consultation and effect.
2.25.070 Relating projects to Comprehensive Plan.
2.25.080 Department assistance in capital programs.
2.25.090 Recommendation of official controls.
2.25.100 Public hearing.
2.25.110 Area zoning.
2.25.120 Reclassification.
2.25.130 Zoning certification.
2.25.140 Procedural conflicts.
2.25.010 Definitions.
A. Area Zoning. “Area zoning” is synonymous with the terms “rezoning or original zoning” and means procedures initiated by the City which result in the adoption or amendment of zoning maps on an area-wide basis. This type of zoning is characterized as being comprehensive in nature dealing with natural homogeneous communities, distinctive geographic areas and other districts having unified interests within the City. Area zoning, unlike a reclassification, usually involves many separate properties under various ownerships and utilizes several of the zoning classifications available to express the City’s current Comprehensive Plan and related community plan policies in zoning map form.
B. Certification. “Certification” means affixing on any map, or any portion of a comprehensive plan or official control, a record of the date of action and ordinance number, together with the signatures of the officer or officers authorized by ordinance to so sign.
C. Commission. “Commission” means the seven member Planning Commission of the City of SeaTac, as created by Ordinance No. 90-1047, codified in Chapter 2.15.
D. Comprehensive Plan. “Comprehensive Plan” means the principles, goals, objectives, policies and criteria approved by the Council to further the following goals:
1. As a beginning step in planning for the development of the City;
2. As the means for coordinating State growth management legislation requirements with City plans, policies and programs and with plans, policies and programs and with plans, policies, programs and urban boundaries of surrounding jurisdictions;
3. As the means for coordinating State growth management legislation requirements with City plans, policies and programs and with plans, policies, programs and urban boundaries of surrounding jurisdictions;
4. As a source of reference to aid in developing, correlating, and coordinating official regulations and controls;
5. As a means for promoting the general welfare.
E. Council. “Council” means the City Council of the City of SeaTac, pursuant to RCW 35A.13.010.
F. Department. “Department” means the Department of Planning and Community Development as established by this chapter.
G. Element. “Element” means one of the various categories of subjects, each of which constitutes a component of the Comprehensive Plan.
H. Examiner. “Examiner” means the Hearing Examiner established by Ordinance No. 90-1045, codified in Chapter 1.20, as amended by Ordinance No. 90-1051.
I. Official Controls. “Official controls” means legislatively defined and enacted policies, standards, detailed maps and other criteria, all of which control the physical development of the City, or any part thereof, or any detail thereof, and which are the means of
translating into regulations and ordinances all or any part of the general objectives of the Comprehensive Plan. Official controls may include:
1. Maps showing boundaries of zones within each of which separate controls over the type and degree of permissible land uses are defined;
2. Maps for existing or proposed streets showing the alignment, with reference to protecting such defined rights-of-way against encroachment by buildings, other physical structures or facilities;
3. Maps for public facilities, such as parks, civic centers, public buildings, waste disposal sites, etc., showing location, size, boundaries and other related features, including appropriate regulations protecting future sites against encroachment by buildings and other physical structures or facilities;
4. Regulations and controls pertaining to other subjects incorporated in the Comprehensive Plan and subarea plans or establishing standard and procedures to be employed in land development including, but not limited to: subdividing of land and the approval of land plats; preservation of streets and lands for public purposes requiring future dedication or acquisition; and general design of physical improvements.
J. Reclassification. “Reclassification” means a change in the zoning classification by procedures initiated by an individual or a group of individuals.
K. Subarea Plan. “Subarea plan” means a section of the Comprehensive Plan which contains specific policies, guidelines and criteria adopted by the Council to guide land development, transportation facilities, community facilities, infrastructure and capital improvement decisions within specific subareas of the City. The subareas of the City shall consist of natural homogenous communities, distinctive geographic areas, or other of districts having unified interest.
L. Zoning Certification. “Zoning certification” means an approval from the Department which confirms existing zoning on a parcel that has proposed development or land use actions, and the proposed development or land use action is permitted or conforms to the standards of the zone classification. (Ord. 90-1060 § 1)
2.25.020 Department of Planning and Community Development created.
A Department of Planning and Community Development is hereby created to be administered by a Director who shall report to the City Manager. (Ord. 90-1060 § 2)
2.25.030 Comprehensive Plan duties.
The Department shall, in conjunction with the Planning Commission, prepare and present to the City Council Comprehensive Plans, subarea plans and/or amendments as the needs of the City require for adoption by ordinance and as it relates to the requirements of the State Growth Management Legislation.
A. Public Hearing Required. The Department shall ensure that the Planning Commission holds at least one (1) public hearing before adopting any elements, amendments, extensions or additions to the Comprehensive Plan, and the Department shall assist the Planning Commission in scheduling and conducting such public hearings.
B. City Council Approval. The Department shall recommend to the Council, upon transmittal of the Planning Commission’s recommendation as to adoption of any elements, amendments, extensions or additions to the Comprehensive Plan or sub-area plan, whether an additional a public hearing should be held by the Council.
C. Notice of Public Hearings. The Department shall ensure that notice of the time, place and purpose ensure that notice of the time, place and purpose of any such public hearing shall be published on time in the official newspaper of the City at least fourteen (14) days before the hearing.
D. Annual Report. The Planning and Community Development Department shall render an annual report on the status of the plan and accomplishments thereunder.
E. Promotion of Public Interest in Plan. The Department Shall promote public interest in, and understanding of, the Comprehensive Plan and its purpose, and of the official controls. (Ord. 90-1060 § 3)
2.25.040 Coordinating planning with other agencies.
The department shall advise all departments of the City on planning and land use actions and shall coordinate City planning with other governmental agencies. (Ord. 90-1060 § 4)
2.25.050 Cooperation with agencies.
The Department shall, to the extent it deems necessary, cooperate with officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens generally with regard to carrying out the purpose of the Comprehensive Plan. (Ord. 90-1060 § 5)
2.25.060 Comprehensive Plan – Consultation and effect.
The Comprehensive Plan shall be consulted as a preliminary consideration for consistency with the establishment, improvement, abandonment, or vacation of any street, park, public way, public building, or public structure, and no dedication of any street or other area for public use shall be reviewed by the Planning Commission and accepted by the Council until the location, character, extent and effect of such action shall have been considered by the Department with reference to the adopted Comprehensive Plan. The report and recommendation of the Department to the Council shall be advisory only. (Ord. 90-1060 § 6)
2.25.070 Relating projects to Comprehensive Plan.
After the Council has approved all or part of the Comprehensive Plan, the Department shall use the Comprehensive Plan as the basic source of reference and as a guide in reporting upon or recommending any proposed project, public or private, as to its purpose, location, form, alignment and timing. The report of the Department on any such project shall indicate wherein the proposed project does, or does not, conform to the purposes of the Comprehensive Plan and may include proposals which, if effected, would cause the project to conform. If the Department finds that a proposed project reveals the justification or necessity for amending the Comprehensive Plan, or any part thereof, the Department may institute proceedings to accomplish such amendment, and in its report to the Council on the project shall note that appropriate amendments to the Comprehensive Plan, or part thereof, are being studied or initiated. (Ord. 90-1060 § 7)
2.25.080 Department assistance in capital programs.
The Department of Finance shall assist the Department in developing capital improvement programs as required by any applicable State growth management legislation and the Department shall assist the Department of Finance in developing capital budgets. (Ord. 90-1060 § 8)
2.25.090 Recommendation of official controls.
From time to time, the Department, with the assistance of the Planning Commission, may cause to be prepared official controls which, when adopted by ordinance, will further the standards of the zoning code and the objectives and goals of the Comprehensive Plan. The Department may draft such plans, regulation, programs and legislation as may be required to preserve the integrity of the zoning code and Comprehensive Plan and assure its systematic execution. The Department may recommend any such plans, regulation, programs and legislation to the Council for adoption. (Ord. 90-1060 § 9)
2.25.100 Public hearing.
Before the Council adopts an official control, or any amendments thereto, the Council, or the Hearing Examiner shall conduct a public hearing after which the Council may adopt or reject said official control or amendment. (Ord. 90-1060 § 10)
2.25.110 Area zoning.
The Department, with the assistance of the Planning Commission, shall consider and make recommendations to the Council concerning proposed area zoning. Area zoning to implement Comprehensive Plan and subarea policies and guidelines shall be proposed at the same time the Comprehensive Plan and subarea elements are proposed. The City shall make a reasonable effort to notify all affected property owners. Such notice shall include publication in the official City newspaper and mailing to all property owners whose names appear on the rolls of the King County Assessor in the area for which the area zoning is proposed. The publication and mailed notice required herein shall be given at least fourteen (14) days prior to the public hearing on the proposed area zoning. Failure to notify any specific property owner shall not invalidate an area zoning proceedings or any resulting reclassification of land. (Ord. 90-1060 § 11)
2.25.120 Reclassification.
The Department shall receive and consider information and shall prepare a report stating findings and recommendations to the Hearing Examiner concerning any application for reclassification to assure conformance with the Comprehensive Plan and other standards and official controls enacted by the Council. Adoption of reclassification may be as approved by the City Council, considering the recommendation of the Hearing Examiner and the Department. (Ord. 90-1060 § 12)
2.25.130 Zoning certification.
Prior to issuance of any license or permit involving construction or remodeling of structures, construction activities and land use action, the Department shall issue a certificate of zoning compliance to ensure conformity of the proposed project with the zoning code and Comprehensive Plan and other standards and official controls enacted by the Council. (Ord. 90-1060 § 13)
2.25.140 Procedural conflicts.
The provisions of this chapter shall take precedence, in case of conflict, over provisions of Title 19 “Subdivisions” of the King County Code adopted by reference pursuant to Ordinance No. 90-1020, codified in Chapter 14.05, and the provisions of Title 21 “Zoning” of the King County Code adopted by reference pursuant to Ordinance No. 90-1019, codified in Chapter 15.10. (Ord. 90-1060 § 14)
Chapter 2.26
YOUTH ADVISORY BOARD(Repealed by Ord. 97-1006)
Chapter 2.27
SENIOR CITIZEN COMMISSION(Repealed by Ord. 98-1024)
Chapter 2.35
CIVIL SERVICESections:
2.35.010 Definitions.
2.35.020 Classified civil service system established.
2.35.030 Covered employees.
2.35.035 Noncommissioned personnel – Temporary inclusion without vesting rights.
2.35.040 Public Safety Civil Service Commission – Created.
2.35.050 Public Safety Civil Service Commission – Qualification of Commissioners.
2.35.060 Public Safety Civil Service Commission – Term of office.
2.35.070 Public Safety Civil Service Commission – Removal of Commissioners.
2.35.080 Public Safety Civil Service Commission – Secretary and Chief Examiner.
2.35.090 Public Safety Civil Service Commission – Duties.
2.35.100 Public Safety Civil Service Commission – Office and supplies to be furnished.
2.35.110 Public Safety Civil Service Commission – Deceptive practices prohibited.
2.35.120 Public Safety Civil Service Commission – Civil action.
2.35.130 Qualifications of applicants for employment.
2.35.140 Filling of vacancies.
2.35.150 Tenure of employment.
2.35.160 Leaves of absence.
2.35.170 Procedure for removal, suspension, demotion or discharge.
2.35.180 Investigations – Public hearing – Appeal.
2.35.190 Political contributions and services.
2.35.200 City Council to create offices and fix compensation.
2.35.210 Cooperation of City officers and employees required.
2.35.220 Employment of fire district employees upon annexation or incorporation.
2.35.230 Rights and benefits of transferred employees.