Loading...
2003, 03-20 Study SessionCITY OF SPOKANE VALLEY Scut) Scum Agenda, March 20, 2001 CITY COUNCIL WORKSHEET — STUDY SESSION NOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL RESERVES THE RIGITT TO REQUEST INFORMATION FROM THE PUBLIC AND STAFF AS APPROPRIATE CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Thursday, March 20, 2003, following regular meeting 4-14 ' SUBJECT DISCUSSION LEADER ACTIVITY DISCUSSION GOAL Administration Don Morrison Review vacation and sick leave resolutions (15 minutes) Consensus -Agee /'257 Planning Jim Harris Review essential facilities resolution (15 minutes) Consensus-Agenda Planning Jim Harris Review land use permit application ordinance Consensus- Agcnda3 CITY COUNCIL WORKSHEET — STUDY SESSION NOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL RESERVES THE RIGHT TO REOUEST INFORMATION FROM THE PUBLIC AND STAFF AS APPROPRIATE SUBJECT DISCUSSION LEADER ACTIVITY DISCUSSION GOAL d ministration Don Morrison Review vacation and sick leave resolutions (15 minutes) Consensus - Agenda 3/25? Planning Planning Study Session Agenda, March 20, 2003 Jim Harris Jim Harris CITY OF SPOKANE VALLEY CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Thursday, March 20, 2003, following regular meeting Review essential facilities resolution (15 minutes) Consensus - Agenda 3/25? Review land use permit application ordinance Consensus- Agenda 3/25? DATE ACTION IS REQUESTED: First considered February 25`". Adoption requested March 25 APPROVED FOR COUNCIL PACKET: City Manager Dept. lead Attorney Approve As To Form SUBMITTED BY: Don Morrison CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. TITLE: TYPE IE OF ACTION: Resolution Adopting :Holiday, Vacation, and Leave Benefits Ordinance for City Employees X Resolution Motion ATTACHMENTS: - Proposed Resolution STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Approve the proposed Resolution as written. DISCUSSION: This material was first submitted as part of the Personnel Ordinance, and then removed and placed in a separate Resolution in order to give the Council more flexibility to make amendments in the future, and avoid the potential claim that the benefits are granted "by law ". The substance of the policies have been reviewed by Council a number of times, and several amendments have been made. Since a few City employees have already been hired, and other positions are being advertised, this needs to be finalized ASAP. ALTERNATIVES: Further amend holiday, vacation or leave provisions. Other FISCAL IMPACT: SOURCE OF FUNDS: General Fund or Street Fund depending on assignment of personnel AMOUNT BUDGETED: TBD AMOUNT NEEDFI) FOR PROJECT: Dependent upon staffing plan CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHING -TON RESOLUTION NO. 03-XXX dam, A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, SPECIFYING THE HOLIDAY, VACATION, AND LEAVE BENEFIT PROVISIONS FOR CITY EMPLOYEES. WHEREAS, the City Council desires to a adopt policies for city employees, including holidays, vacation time and leave benefits afforded to City employees; WHEREAS, the policies and benefits stated in this Resolution are subject to annual review by the City Council for the purpose of clarifying, modifying or deleting the same in order to serve the hest interest of the City as solely determined by the City Council pursuant to RCW 35A.11.020; and WHEREAS, the employee benefits provided in this Resolution shall be applied equally to all City employees unless provided otherwise through contract or other action of the City Council or City Manager. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Holidays. A. Pursuant to City Ordinance No. 13, regular full -time and regular part -time employees shall receive the following paid holidays: B. In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. C. Regular part -time employees shall receive a pro rata share of their compensation for each approved holiday. P:1Rcsoludons\Benefits Resolution, 03 -.doc New Year's Day Martin Luther King President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day Page 1 - January 1 - 3rd Monday In January - 3rd Monday of February - Last Monday Of May -July4 - 1 st Monday of September - November 11 - 4th Thursday of November - December 25 D. If an employee is required to work on a holiday, the employee shall be granted another day off during the month in which the holiday was celebrated or the employee shall receive holiday pay rather than equivalent time off. B. When a holiday falls within a period of paid leave, the holiday shall not be counted as a leave day in computing the amount of leave debited. F. Non- exempt employees required to work on any designated holiday shall receive the overtime rate of pay. Section 2. Vacation Benefits. A. Vacation leave is established for the mutual benefit of the City and the employee. The purpose of vacation leave is to provide employees with adequate time away from work and to provide the City with well- rested and efficient employees, but no vested right to vacation leave is hereby guaranteed by the City. Vacation leave may be used as soon as it is accrued. B. Regular full-time employees shall accrue vacation at the following rate: Initial hire through the fifth complete year of continuous employment - eight (8) hours per month; After five (5) full years of continuous employment - ten (10) hours per month; After ten (10) full years of continuous employment - twelve (12) hours per month. C. Regular part -time employees shall accrue vacation leave on a pro - rata basis. For example, if an employee works twenty (20) hours per week, vacation accrual shall be fifty percent (50 %) of the above amounts. D. The maximum vacation accrual that will be paid upon separation or carried forward at year end (December 31) shall be 360 hours. E. When required to induce a highly experienced employee to accept employment with the City of Spokane Valley, the City Manager is authorized to credit a maximum of eighty (80) additional hours of vacation leave to a prospective employee who has at least ten (10) years of prior successful experience in a similar position for which the employee is being hired. The City Manager may further establish the vacation accrual schedule as set forth in Subsection B. Section 3. Sick Leave Benefits. A. Sick leave is granted to regular employees to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require an employee to be absent from work. Sick leave may be used to care for an employee's own health condition, a spouse's health condition or for a dependent child (including dependent step- child or foster child) under the age of eighteen (18) with a health condition that requires treatment or supervision as more particularly established in WAC Chapter 296 -130. Sick leave P:1Resolutions1Bene[ts Resolution, 03 -.doc Page 2 may also be used for the care, treatment and preventative health care of the employee and dependents. B. Sick leave has been established for the benefit of both the employee and the employer, but no vested right to sick leave is hereby guaranteed by the City. In the event that abuse of sick leave is suspected, excessive absenteeism or tardiness occurs, or after three (3) consecutive days of sick leave, an employee may be required to provide medical certification from his or her health care provider. Abuse of sick leave or excessive absenteeism or tardiness may be grounds for disciplinary action, up to and including termination. C. Sick leave shall be accrued by regular full -tune employees at the rate of eight (8) hours per month. Regular part-time employees shall accrue sick leave on a pro - rata basis. Sick leave may be carried forward at year end, provided no employee may accrue more than seven hundred twenty (720) total hours of sick leave. After an employee has accrued 720 hours of sick leave, the employee may convert up to two hundre 0 )`' hours of the sick leave to cash. For purposes of converting sick leave to cash, each hour of accrued sick leave shall be paid out by valuing the same at 25% of the employee's regular wage. For example, 2er 7.6 hours of sick leave may be converted to 9l"hours of regular pay. Any payout vill be included in the last pay period of the year. m D. An employee may use up to 24 hours of sick leave as bereavement leave in the case of a death to a member of the employee's immediate family "Immediate family" shall be defined as spouse, mother, father, mother -in -law, father -in -law, children, sister, brother, daughter -in -law, son -in -law, sister -in -law, brother -in -law, grandparents and grandchildren. Section 4. Military Leave. A. in accordance with RCW 38.40.060 any employee who is a member of the Washington National Guard or a federal reserve unit shall be entitled to time off with pay for up to fifteen days during each calendar year while participating in officially ordered military duty. A copy of the employee's orders shall be placed in the employee's personnel file. Military leave shall not be deducted from vacation or sick leave. A. Any military leave time required in excess of the fifteen days paid leave authorized in paragraph A of Section 23 above shall be in conformace with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Section 5. Jury or Court Duty. A regular employee who is required to serve on a jury or as a result of official city duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be granted paid leave for the time that the employee needs to be released from regular duties; provided, that the supervisor is promptly notified of the conflict or if the employee is excused from the appearance such as for an afternoon. The employee shall be entitled to his or her regular pay; provided, that the employee shall pay to the city any fee or reimbursement received for such court or jury duty, up to the amount paid as paid leave. P :1Rcsolutions\Benefits Resolution, 03 -.doc Page 3 Section 6. Leave without Pay. .Upon approval by the City Manager, leave without pay may be granted for a period not to exceed fifteen working days for illness, injury, educational purposes, or additional vacation. Leave without pay may not be taken until an employee has exhausted existing paid leave balances. Section 7. Leave of Absence Without Pay. Upon the request by the employee, the city manager may grant a leave of absence without pay for a period of not less than three (3) weeks and not more twenty-six (26). Approval of such leave shall be in writing and signed by the City Manager. No vacation or sick leave benefits or other fringe benefits shall accrue while an employee is on leave of absence. The employee's anniversary date will be adjusted by the length of the leave granted. Upon expiration of the leave of absence, the employee shall be reinstated in the position held at the time the leave was granted. Any employee on approved leave of absence may continue his/her medical insurance coverage by paying the full cost to the City in advance for each month of the leave of absence. A leave of absence without pay may not be taken until an employee has exhausted existing paid leave balances. Section 8. Family and Medical Leave. Employees shall be granted family and medical leave in accordance with the provisions of the State Family Leave Act, Chapter 49.78 R.CW, and the Federal Family and Medical Leave Act of 1993. Family and medical leave granted under either of such Acts shall be unpaid unless otherwise provided therein. Up to 40 hours of sick leave may be used per calendar year to care for an employee's parent with a serious health condition meeting the criteria for leave under the Federal Family and Medical Leave Act of 1993 (FMLA). Section 9. No Vested Rights. Nothing in this Resolution shall be deemed to vest a right or interest in the benefits hereby granted by the City, and the City Council retains the right to change any benefits or provisions of this ordinance at any time. Section 10. Administration. The City Manager is authorized, directed and empowered to develop and promulgate administrative policies, procedures, rules, forms and materials as needed to implement the leave provisions adopted herein, and consistent with all related state and Federal laws, as well as City ordinances and resolutions. Section 11. Effective Date. This Resolution will take effect on the official date of incorporation. Adopted this day of March, 2003. P:1Resolutions1Benefits Resolution, 03 -.doc Page 4 City of Spokane Valley Mayor Michael DeVleming A l '1ST: Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley iI. Schwartz P\Reso]utionsBBenetits Resolution, 03 -_doc Page 5 MfM TO: Lee Walton FROM: Jim Harris SUBJECT: Essential Public Facilities (EPFs) and Secure Com munity Transition Facilities (SCTI=s), scheduled for the City Council Study Session of March 1 ih DATE: March 11, 2003 According to Ester Larson, Associate Planner for Spokane County, "Spokane County and all of the cities and towns within the Count' developed the LS rune County Regional Siting Process for Essential .Public .Facilities to ensure consistency atn.ong all jurisdictions and to provide for equitable distribution of EPFs throughout the County, as required by the Growth .Management Act GMA)_" She goes on to say, "Included in the process are requirements for extensive objective and subjective review of alternative sites for any proposed essential public facility, public comment periods, public workshops, and a public hearing. The Spokane County Comprehensive Plan now contains a policy that identifies the Spokane Counly Regional Siting .Process , for Essential .Public . Facir?ilies the process to be used for siting EPFs within unincorporated areas of Spokane County_ All of the cities and towns within the County have adopted or are in the process of adopting amendments to their Comprehensive Flans and /or development regulations to include this process_" Essential Public Facilities (EPFs) include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, in- patient facilities i.ncludiiig substance abuse facilities, mental health facilities, and group homes. Secure Community Transition Facilities is the other issue that needs to be addressed. These facilities are considered Essential Public Facilities. The State Legislature adopted laws in 2001 and 2002 that require counties and cities fully planning under the Growth Management Act (GMA) to include a process in their GMA Comprehensive Plans to provide for the siting of SCTFS. This is the issue that has King County communities in an uproar and has the State Legislature seeking legislation to assure that these facilities do not end up in residential neighborhoods. SCTFs are secure residences for persons who are civilly committed after completing criminal sentences and are receiving supervised sex offender treatment services. Spokane County's zoning ordinance now includes development regulations for SCTFs. An applicant seeking to site an EPF of a statewide or regional/countywide nature, including an SCTF, in any jurisdiction within Spokane County will he required to comply with the ,Spokane County Regional Siting Process for Essential Public Facilities. 1 Since the cities of Airway I- Ieights, Cheney, Deer Park, Town of Fairfield, Town of Latah, City of Liberty Lake, City of Medical Lake, Town of Millwood, Town of Rockford, Town of Spangle, City of Spokane, and the Town of Waverly have or will enter into an interlocal agreement with the County for the siting of Essential Public Facilities, staff recommends that the City of Spokane Valley also adopt the Interlocal Agreement. This adoption will make the City part of the Spokane County Regional Siting process for Essential Public Facilities which process will ensure consistency among all jurisdictions and to provide for the equitable distribution of EPFs throughout the County, as required by the Growth Management Act. 2 CITY OF SPOKANE' VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE SPOKANE COUNTY "APPLICATION REVIEW PROCEDURES FOR PROJECT PERMITS" AS THE INTERIM APPLICATION REVIEW PROCEDURES FOR PROJECT PERMITS OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, PEAS, the City of Spokane Valley pursuant to RCW Chapter 36.70B must have enforceable application review procedures for project permits in effect on the date of incorporation; and WHEREAS, the City intends to embark on a comprehensive planning process including revisiting adopted interim regulations after the date of incorporation when additional time, resources and planning staff are available to the City; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1.. Authority to Adopt Interim Application Review Procedures for Pro'ect Permits. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Spokane County "Application Review Procedures for Project Permits" which is attached hereto as Exhibit "A" and fully incorporated by this reference as if set forth in full. References to "Spokane County" in the Application Review Procedures for Project Permits shall be construed to mean the City of Spokane Valley and references to County Staff shall refer to the City Manager or designee unless the context requires otherwise. Section 2. Adoption of Certain Other Laws. To the extent that any provision of the • Spokane County Code, or any other law, rule or regulation referenced in the attached Application Review Procedures for Project Permits is necessary or convenient to establish the validity, enforceability or interpretation of the Application. Review Procedures for Project Permits, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the attached Application Review Procedures for Project Permits refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi judicial or other matter is then pending. P:1Ordinances \Ordinance No. Application Rcview.doc Page 1 Section 4. Application Review Procedures for Project Permits — Copies on File. The City Clerk is to maintain one copy on file of the Application Review Procedures for Project Permits adopted by this ordinance. Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:\Ordinancestordinancc No. Application Rcvicw.doc Mayor, Michael DeVleming Page 2 The following is the title and summary of Ordinance No. passed by the City of Spokane Valley City Council on the — day of , 2003. AN ORDINANCE OE THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE, TITE. SPOKANE COUNTY "APPLICATION REVIEW PROCEDURES FOR PRO.TET PERMITS" AS TUJF INTERIM APPLICATION REVIEW PROCEDURES FOR PROJECT PERMITS S OF THE CITY. The introductory paragraphs state the City is adopting land use review procedures. Section 1 adopts Review Procedures for J..and Use Permits, Section 2 adopts as necessary, rules of Spokane County. Section 3 makes the City Council the Hearing Body unless provided otherwise by ordinance_ Section 4 requires the City Clerk to maintain a copy of the Review Procedures on file. Section 5 places permit responsibiili ty on the applicant_ Section 6 establishes a severability clause in the event some portion of the Ordinance is held j invalid. Section 7 states this Ordinance shall be is full force and effect five (5) days after publication of the Ordinance Summary, and on the date of incorporation. The full text of. the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be wailed out upon request. Ruth Muller Interim City Clerk Published: ?; OrdiaancalOrdinancc ND. Appficatian Revi v..doc City of Spokane Valley 11707 E.. Sprague Spokane, WA 99206 (509) 921 -1000 NOTICE 0.F ORDINANCE. PASSED By SPOKANE VALLEY CITY COUNCIL Ps; 3 CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET — STUDY SESSION NOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL RESERVES THE RIGHT TO REQUEST INFORMATION FROM THE PUBLIC AND STAFF AS APPROPRIATE Study Scssinn Agenda, March 20, 2003 CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Thursday, March 20, 2003, following regular meeting SUBJECT DISCUSSION LEADER ACTIVITY DISCUSSION GOAL Administration Don Morrison Review vacation and sick leave resolutions (15 minutes) Consensus - Agenda 3/25? Planning Jim Harris Review essential facilities resolution (15 minutes) Consensus - Agenda 3/25? Planning Jim Harris Review land use permit application ordinance Consensus- Agenda 3/25? CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-VOC A RESOLUTION OF THE CITY OF SPOKANE. VALLEY, SPOKANE E CO , WASHINGTON, SPECIFYING T HOLIDAY, VACATION, AND LEAVE BENEFIT PROVISIONS FOR CITY EMPLOYEES. WI-EI ,AS, the City Council desires to a adopt policies for city employees, including holidays, vacation time and leave benefits afforded to City employees; WHEREAS, the policies and benefits stated in this Resolution are subject to annual review by the City Council _for the purpose of clarifying, modifying or deleting the same in order to serve the best interest of the City as solely determined by the City Council pursuant to RCW 35A_ 1 1.020; and WHEREAS, the employee benefits provided in this Resolution skull be applied equally to all City employees unless provided otherwise through contract or other action of the City Council or City Manager. NOW 'THEREFORE, EFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section, 1. Holidays_ A. Pursuant to City Ordinance Flo. 13, regular full -time and regular part -time employees shall receive the following paid holidays: New Year's Day Martin Luther King President's Day Memorial lay Independence Day Labor Day Veteran's Day Thanksgiving Day Day Alter Thanksgiving Christinas Day - January 1 - 3rd Monday In January - 3rd Monday of February - Last Monday Of May - July 4 - 1st Monday of September - November 11 - 4th Thursday of November December 25 B. In the event a holiday falls upon a Sunday, the. following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. C. Regular part-time employees shall receive a pro rata share of their compensation for each approved holiday. P_1R125oIutions\Bcnoiirs Rcsoftition, 03 -.doe Page 1 D. If an employee is required to work on a holiday, the employee shall be granted another day off during the month in which the holiday was celebrated or the employee shall receive holiday pay rather than equivalent time off. E. When a holiday falls within a period of paid leave, the holiday shall not be counted as a leave day in computing the amount of leave debited. F. Non - exempt employees required to work on any designated holiday shall receive the overtime rate of pay. Section 2. Vacation Benefits. A. Vacation leave is established for the mutual benefit of the City and the employee. The purpose of vacation leave is to provide employees with adequate time away from work and to provide the City with well - rested and efficient employees, but no vested right to vacation leave is hereby guaranteed by the City. Vacation leave may be used as soon as it is accrued. B. Regular full -time employees shall accrue vacation at the following rate: Initial hire through the fifth complete year of continuous employment - eight (8) hours per month; After five (5) full years of continuous employment - ten (10) hours per month; After ten (10) full years of continuous employment - twelve (12) hours per month. C. Regular part -time employees shall accrue vacation leave on a pro - rata basis. For example, if an employee works twenty (20) hours per week, vacation accrual shall be fifty percent (50 %) of the above amounts. D. The maximum vacation accrual that will be paid upon separation or carried forward at year end (December 31) shall be 360 hours. E. When required to induce a highly experienced employee to accept employment with the City of Spokane Valley, the City Manager is authorized to credit a maximum of eighty (80) additional hours of vacation leave to a prospective employee who has at least ten (10) years of prior successful experience in a similar position for which the employee is being hired. The City Manager may further establish the vacation accrual schedule as set forth in Subsection B. Section 3. Sick Leave Benefits. A. Sick leave is granted to regular employees to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require an employee to be absent from work. Sick leave may be used to care for an employee's own health condition, a spouse's health condition or for a dependent child (including dependent step- child or foster child) under the age of eighteen (1 8) with a health condition that requires treatment or supervision as more particularly established in «VAC Chapter 296 -130. Sick leave P :\Resolutions\9cnefits Resolution, 03 -.doc Page 2 may also be used for the care, treatment and preventative health care of the employee and dependents. B. Sick leave has been established for the benefit of both the employee and the employer, but no vested right to sick leave is hereby guaranteed by the City. In the event that abuse of sick leave is suspected, excessive absenteeism or tardiness occurs, or after three (3) consecutive days of sick leave, an employee may be required to provide medical certification from his or her health care provider. Abuse of sick leave or excessive absenteeism or tardiness may be grounds for disciplinary action, up to and including termination. C. Sick leave shall be accrued by regular full -time employees at the rate of eight (8) hours per month. Regular part -time employees shall accrue sick leave on a pro - rata basis. Sick leave may be carried forward at year end, provided no employee may accrue more than seven hundred twenty (720) total hours of sick leave. After an employee has accrued 720 hours of sick leave, the employee may convert up to two hundred (200) hours of the sick leave to cash. For purposes of converting sick leave to cash, each hour of accrued sick leave shall be paid out by valuing the same at 25% of the employee's regular wage. For. example, 200 hours of sick leave may be converted to 40 hours of regular pay. Any payout will be included in the last pay period of the year. D. An employee may use up to 24 hours of sick leave as bereavement leave in the case of a death to a member of the employee's immediate family. "Immediate family" shall be defined as spouse, mother, father, mother -in -law, father -in -law, children, sister, brother, daughter -in- law, son -in -law, sister -in -law, brother -in -law, grandparents and grandchildren. Section 4. Military Leave. A. In accordance with RCW 38.40.060 any employee who is a member of the Washington National Guard or a federal reserve unit shall be entitled to time off with pay for up to fifteen days during each calendar year while participating in officially ordered military duty. A copy of the employee's orders shall be placed in the employee's personnel file. Military leave shall not be deducted from vacation or sick leave. A. Any military leave time required in excess of the fifteen days paid leave authorized in paragraph A of Section 23 above shall be in conformace with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Section 5. Jury or Court Duty. A regular employee who is required to serve on a jury or as a result of official city duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be granted paid leave for the time that the employee needs to be released from regular duties; provided, that the supervisor is promptly notified of the conflict or if the employee is excused from the appearance such as for an afternoon. The employee shall be entitled to his or her regular pay; provided, that the employee shall pay to the city any fee or reimbursement received for such court or jury duty, up to the amount paid as paid leave. PIResolutions113cncfits Resolution, 03 -.doc Page 3 Section 6. Leave without Pay. Upon approval by the City Manager, leave without pay may be granted for a period not to exceed fifteen working days for illness, injury, educational purposes, or additional vacation. Leave without pay may not be taken until an employee has exhausted existing paid leave balances. Section 7. Leave of Absence Without Pay. Upon the request by the employee, the city manager may grant a leave of absence without pay for a period of not less than three (3) weeks and not more twenty -six (26). Approval of such leave shall be in writing and signed by the City Manager. No vacation or sick leave benefits or other fringe benefits shall accrue while an employee is on leave of absence. The employee's anniversary date will be adjusted by the length of the leave granted. Upon expiration of the leave of absence, the employee shall be reinstated in the position held at the time the leave was granted. Any employee on approved leave of absence may continue his/her medical insurance coverage by paying the full cost to the City in advance for each month of the leave of absence. A leave of absence without pay may not be taken until. an employee has exhausted existing paid leave balances. Section 8. Family and Medical Leave. Employees shall be granted family and medical leave in accordance with the provisions of the State Family Leave Act, Chapter 49.78 RCW, and the Federal Family and Medical Leave Act of 1993. Family and medical leave granted under either of such Acts shall be unpaid unless otherwise provided therein. Up to 40 hours of sick leave may be used per calendar year to care for an employee's parent with a serious health condition meeting the criteria for leave under the Federal Family and Medical Leave Act of 1993 (FMLA). Section 9. No Vested Rights. Nothing in this Resolution shall be deemed to vest a right or interest in the benefits hereby granted by the City, and the City Council retains the right to change any benefits or provisions of this ordinance at any time. Section 10. Administration. The City Manager is authorized, directed and empowered to develop and promulgate administrative policies, procedures, rules, forms and materials as needed to implement the leave provisions adopted herein, and consistent with all related state and Federal laws, as well as City ordinances and resolutions. Section 11. Effective Date. This Resolution will take effect on the official date of incorporation. Adopted this day of March, 2003. P:1Resolutions\Bencfits Resolution, 03 -.doc Page 4 City of Spokane Valley Mayor Michael DeVleming ATTEST: interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz P:1Resolutionsl ienefits Resolution, 03 -.doe Page 5 MEM TO: Lee Walton .FROM: Jim Harris SUBJECT: Essential Public Facilities (EPFs) and Secure Community Transition Facilities ( SCTFs), scheduled for the City Council Study Session of March 18. DATE: March 11, 2003 According to Ester Larson, Associate Planner for Spokane County, "Spokane County and all of the cities and towns within the County developed the Spokane County Regional Siting Process for Essential Public Facilities to ensure consistency among all jurisdictions and to provide for equitable distribution of EPFs throughout the County, as required by the Growth Management Act (GMA)." She goes on to say, "Included in the process are requirements for extensive objective and subjective review of alternative sites for any proposed essential public facility, public comment periods, public workshops, and a public hearing. The Spokane County Comprehensive Plan now contains a policy that identifies the Spokane County Regional Siting Process for Essential Public Facilities as the process to be used for siting EPFs within unincorporated areas of Spokane County. All of the cities and towns within the County have adopted or are in the process of adopting amendments to their Comprehensive Plans and/or development regulations to include this process." Essential Public Facilities (EPFs) include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, in- patient facilities including substance abuse facilities, mental health facilities, and group homes. Secure Community Transition Facilities is the other issue that needs to be addressed. These facilities are considered Essential Public Facilities. The State Legislature adopted laws in 2001 and 2002 that require counties and cities fully planning under the Growth Management Act.(GMA) to include a process in their GMA Comprehensive Plans to provide for the siting of SCTFs. This is the issue that has King County communities in an uproar and has the State Legislature seeking legislation to assure that these facilities do not end up in residential neighborhoods. SCTFs are secure residences for persons who are civilly committed after completing criminal sentences and are receiving supervised sex offender treatment services. Spokane County's zoning ordinance now includes development regulations for SCTFs. An applicant seeking to site an EPF of a statewide or regional/countywide nature, including an SCTF, in any jurisdiction within Spokane County will be required to comply with the Spokane County Regional Siting Process for Essential Public Facilities. 1 Since the cities of Airway Heights, Cheney, Deer Park, Town of Fairfield, Town of Latah, City of Liberty Lake, City of Medical Lake, Town of Millwood, Town of Rockford, Town of Spangle, City of Spokane, and the Town of Waverly have or will enter into an interlocal agreement with the County for the siting of Essential Public Facilities, staff recommends that the City of Spokane Valley also adopt the Interlocal Agreement. This adoption will make the City part of the Spokane County Regional Siting process fbr Essential Public Facilities which process will ensure consistency among all jurisdictions and to provide for the equitable distribution of EPFs throughout the County, as required by the Growth Management Act. 2 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING .BY REFERENCE THE SPOKANE COUNTY "APPLICATION REVIEW F.R.00EDURES FOR PROJECT PERMITS" AS THE INTERIM APPLICATION REVIEW PROCEDURES FOR PROJECT PERMITS OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City of Spokane Valley pursuant to R.CW Chapter 36.70B must have enforceable application review procedures for project permits in effect on the date of incorporation; and WHEREAS, the City intends to embark on a comprehensive planning process including revisiting adopted interim regulations after the date of incorporation when additional time, resources and planning staff are available to the City; NOW, TEIERLFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Authority to Adopt Interim Application Review Procedures for Project Permits. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Spokane County "Application Review Procedures for Project Permits" which is attached hereto as Exhibit "A" and fully incorporated by this reference as if set forth in full. References to "Spokane County" in the Application Review Procedures for Project Permits shall be construed to mean the City of Spokane Valley and references to County Staff shall refer to the City Manager or designee unless the context requires otherwise. Section 2. Adoption of Certain Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Application Review Procedures for Project Permits is necessary or convenient to establish the validity, enforceability or interpretation of the Application Review Procedures for Project Permits, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the attached Application Review Procedures for Project .Permits refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. P ;\OrdinanceslOrdinancc No. Application Rcview.doc Page 1 Section 4. Application R.eview Procedures for Project Permits — Copies on File. The City Clerk is to maintain one copy on file of the Application Review Procedures for Project Permits adopted by this ordinance. Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 6. Severabilitv. if any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED' by the City Council this day of March, 2003: Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P: 10rdinancesl0rdinance No. Application Review.doc Mayor, Michael DeVl.eming . Page 2 The following is the title and summary of Ordinance No. passed by the City of Spokane Valley City Council on the day of , 2003. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE SPOKANE COUNTY "APPLICATION REVIEW PROCEDURES FOR PROJECT PERMITS" AS THE TTi TERJM APPLICATION REVIEW PROCEDURES FOR PROJECT PERMITS OF THE CITY. The introductory paragraphs state the City is adopting land use review procedures. Section 1 adopts Review Procedures for. Land Use Permits. Section 2 adopts, as necessary, rules of Spokane County. Section 3 makes the City Council the Hearing Body unless provided otherwise by ordinance. Section 4 requires the City Clerk to maintain a copy of the Review Procedures on file. Section 5 places permit responsibility on the applicant. Section 6 establishes a severability clause in the event some portion of the Ordinance is held invalid. Section 7 states this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary, and on the date of incorporation. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be mailed out upon request. Ruth Muller Interim City Clerk Published: P:lordinances\Ordinance No. Application Revicw.doc City of Spokane Valley 1 1707 E. Sprague Spokane, WA 99206 (509) 921 -1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL Pagc 3