HomeMy WebLinkAbout05-28-2013 MUNICIPAL SERVICES COMMITTEE AGENDA
Municipal Services Committee
May 28, 2013 - 3:30 PM
City Hall Council Conference Room
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. May 13, 2013 Minutes*
III.RESOLUTIONS
A. Resolution 4956* (Heineman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute an Agreement between the City of Auburn and
Cayce & Grove for Public Defense Services.
IV.DISCUSSION ITEMS
A. Animal Control Licensing Program* (Coleman)
B. Watershed Investment Districts* (Robertson)
C. Project Matrix*
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 1 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 13, 2013 Minutes
Date:
May 14, 2013
Department:
Police
Attachments:
May 13, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:May 28, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 70
Municipal Services Committee
May 13, 2013 - 3:30 PM
City Hall Council Conference Room
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in the Council
Conference Room of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne,
Member John Partridge.
Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Innovation
and Technology Director Ron Tiedeman, Financial Planning Manager
Martin Chaw, Planning Manager Elizabeth Chamberlain and Police
Secretary/Scribe Terry Mendoza. Others present: Citizen Scot
Pondelick, Developer Jeff Oliphant and Auburn Reporter
representative Robert Whale.
B. Announcements
C. Agenda Modifications
Resolution No. 4955, the Purchase and Sale Agreement with Jeff
Oliphant of Auburn Professional Plaza LLC (APP), related to Unit 380
in the One Main Professional Plaza was added as a discussion item to
the agenda. Planning Manager Elizabeth Chamberlain provided the
Committee with copies of the Purchase and Sale Agreement (PSA)
and Resolution No. 4955. The City's team, which includes Finance,
Legal, Planning and Development, and Public Works, has been
negotiating with Mr. Oliphant on the PSA as well as a potential
amendment to the parking garage lease agreement. Multicare Health
Systems (Multicare) is interested in leasing the unit; however, since it
was originally purchased by the City of Auburn, the APP is requesting
to buy back the unit in order to lease to Multicare. Mr. Oliphant shared
with the Committee that the APP's intentions are to assist in getting
more medical offices to commit to the downtown area, helping with the
revitalization efforts and keeping the medical facilities near to the
Hospital. Discussion followed and the Committee had no issues with
this Resolution and PSA moving forward based on the information that
was provided.
II. CONSENT AGENDA
Page 1 of 3
CA.A Page 3 of 70
A. April 22, 2013 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. ACTION
A. Resolution No. 4942 (Tiedeman)
Innovation and Technology Director Ron Tiedeman provided
information to the Committee regarding Resolution No. 4942,
a resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an Interlocal
Agreement (ILA) with the City of Algona for Innovation & Technology
services and support. This is an updated ILA. The original contract
was written for a one year term. The City of Algona is requesting a
three year term and with this change it gives both sides a 60-day
cancellation option to end the contract if necessary. There is also a
slight monthly increase to the fees, as well as the CPI multiplier for
ongoing increases annually. So far, our support is in line with the ILA.
Service calls remain steady and a majority of the work is done
remotely saving time making the services affordable. A few
corrections were identified and Director Tiedeman will update the ILA
and provide a breakdown of actual charges/costs at the next MSC
meeting. Committee discussion followed and no action was taken at
this time.
B. Resolution No. 4943 (Coleman)
A resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute first amendment to
agreement between the City of Auburn and Redflex Traffic Systems,
Inc. Committee had a brief discussion and consensus was to move
forward with the one (1) year agreement.
Vice Chair Osborne moved to forward to full Council for consideration.
Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
C. Resolution No. 4945 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City to apply for, and if awarded, to accept state grant
funds in the amount of $6,000.00 from the Washington State
Department of Transportation Aviation Division to update the 2000-
2020 Airport Master Plan and authorizing the execution of the grant
agreement therefor. Page 2 of 3
CA.A Page 4 of 70
Vice Chair Osborne moved to forward to full Council for consideration.
Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
D. Resolution No. 4944 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the conversion to, and sale of Auburn Police Canine Bodi
as surplus property of the City of Auburn. Police Chief Bob Lee
advised the Committee that with limitations due to the recent changes
in drug laws and the ability to search vehicles it has impacted the
Police department's use of a narcotics K9. This is also in line with
other agencies. As such, the department has decided to retire K9
Bodi and sell Bodi to his handler, Sam Betz for $1.00. Sam has
recently been promoted from Detective to Sergeant and has requested
to retain the dog. Committee discussion followed.
Vice Chair Osborne moved to forward to full Council for consideration.
Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Project Matrix
The following updates were made to the Project Matrix.
Item 10P: Status updated.
Item 27P: Lead person changed to Finance Director, Shelley
Coleman. Status updated.
V. ADJOURNMENT
The meeting was adjourned at 4:23 p.m. The next regular meeting is
scheduled for May 28, 2013 at 3:30 p.m. in the Council Conference Room,
City Hall, 25 W. Main Street, Auburn, WA.
Signed this ___________ day of May, 2013.
_____________________ _________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 3 of 3
CA.A Page 5 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution 4956
Date:
May 14, 2013
Department:
Human Resources
Attachments:
Resolution 4956
Public Defense Services Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4956.
Background Summary:
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Heineman
Meeting Date:May 28, 2013 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 6 of 70
RES.A Page 7 of 70
RES.A Page 8 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 1 of 13
PUBLIC DEFENSE SERVICES CONTRACT
CITY OF AUBURN, WASHINGTON
July 1, 2013 – December 31, 2014
THIS AGREEMENT made and entered into by the City of Auburn; hereinafter
referred to as “CITY,” and The Law Offices of Cayce & Grove, hereinafter referred to as
“PUBLIC DEFENDER,” do hereby agree to the following terms and conditions:
I. APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE SERVICES:
A. General.
1. The CITY shall make public defense services available to all persons who so
qualify after application to and approval of the Court or an independent public defense
screen or are in custody and directly appointed by the Court. The PUBLIC DEFENDER
will provide legal representation for each of these defendants from the time of court
appointment or screening through trial, sentencing, post conviction review, and any
appeals to Superior court or Washington appellate courts. The PUBLIC DEFENDER, or
subcontractor of the PUBLIC DEFENDER, will provide defense services at daily in-
custody bail hearings, will attend the arraignment calendar, and will be available, in
person, to talk to and meet indigent defendants at the Auburn Detention Center, South
Corrections Entity (SCORE), or other alternative locations. The PUBLIC DEFENDER
will also provide representation for the Mental Health Court calendar and Community
calendar should one be established during the term of the contract. If a mental health
court or community calendar is established, the parties agree to reopen the
compensation section of this Agreement.
2. The CITY shall be responsible for screening. Upon appointment, the screener
shall immediately deliver to the PUBLIC DEFENDER the screener’s document on each
case that is assigned. The screener shall be responsible for delivering a letter of
introduction, which has been provided by the PUBLIC DEFENDER, to every defendant
who qualifies for and is appointed to be represented by the PUBLIC DEFENDER. The
screener shall provide notice of appointment to the PUBLIC DEFENDER, the
prosecutor, and the court.
B. Reporting Procedures.
1. The PUBLIC DEFENDER shall file monthly reports with the CITY indicating
the following: (1) the first, middle and last name of each defendant who has been
appointed and a Notice of Appearance was filed; (2) criminal cause number(s) for the
defendant; (3) date of appointment; (4) whether the defendant was appointed by the
Court or by the screener; and (3) if the case was “conflicted” at any time during the
process.
RES.A Page 9 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 2 of 13
2. The PUBLIC DEFENDER shall also provide a monthly report to the CITY
showing all cases in which the defendant has been sentenced or acquitted.
3. The PUBLIC DEFENDER shall also include in its monthly reports the case
count information required by Section 16 of this Agreement.
All reports are due to the CITY on the 4th day of the month following the
appointment and filing of the Notice of Appearance or case disposition.
II. RESPONSIBILITIES OF PUBLIC DEFENDER
A. The PUBLIC DEFENDER shall be responsible to provide competent professional
legal services to the defendants represented. The PUBLIC DEFENDER shall employ
and/or associate a sufficient number of attorneys and staff to provide such services.
The CITY shall incur no extra cost for the employed and/or associated attorneys and
staff. The PUBLIC DEFENDER and each attorney so employed and/or associated shall
be an active member in good standing of the Washington State Bar Association. Any
attorney employed and/or associated by the PUBLIC DEFENDER who does not have at
least three (3) years of experience shall practice under the direct supervision of any
attorney who does have three (3) years experience. Such experience shall include at
least one-third emphasis on criminal defense.
B. Legal interns involved in the representation of defendants in Court must have all
of their work reviewed and/or countersigned by a supervising attorney. No legal intern
shall have sole responsibility for administering and representing any of the defendants
appointed and represented pursuant to the contract herein.
C. Caseloads of the PUBLIC DEFENDER and any individual attorneys employed
and/or associated therewith should be limited to that level of assignments which allows
an attorney to give each defendant’s case sufficient time and effort to ensure effective
representation. On June 15, 2012, the Washington Supreme Court issued Order No.
25700-A-1004 (“Order”), adopting new standards for indigent defense, and certification
of compliance. Section 3.1 of the Order requires that the CITY establish the maximum
number of cases that each attorney will be expected to handle. The Order does not
impose a specific or recommended case limit until January 2015. At that time, the Order
suggests a guideline of four hundred (400) cases per attorney (if the CITY does not use
a weighted case counting system). In order to determine a maximum number of cases,
the CITY, in coordination with the PUBLIC DEFENDER, have reviewed the 2012 public
defense caseload to date. Based on that review, the CITY has determined that the
following factor warrants an upward deviation from the proposed maximum unweighted
case limit guideline:
The experience level of the staff at the PUBLIC DEFENDER’S office shows that each
attorney has over (ten) 10 years of criminal defense experience. This allows them to
more efficiently analyze charges, which in turn allows them to provide effective advice to
RES.A Page 10 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 3 of 13
their clients. As a result, the experienced attorneys are capable of handling more cases
while still providing effective representation.
III. SERVICES PROVIDED BY THE PUBLIC DEFENDER
1. The PUBLIC DEFENDER shall represent each defendant from the date of
appointment (or at in-custody hearings as the case may be), through sentencing and
the first appeal of right pursuant to the Rules for Appeal of Decisions of Courts of
Limited Jurisdiction (RALJ) rules. The PUBLIC DEFENDER or the CITY may request
rescreening of a defendant whose case is on appeal. Appeals shall not be considered
new case assignments. In addition, the PUBLIC DEFENDER shall be present at
arraignment hearings on stand-by should a defendant request legal advice.
2. Case defined. A case is defined as the filing of a document with the Court
naming a person as defendant or respondent, to which an attorney is appointed in order
to provide representation. In Courts of limited jurisdiction, multiple citations from the
same incident can be counted as one (1) case provided that a case shall not exceed
four (4) criminal counts on a maximum of two (2) criminal citations arising out of the
same general course of conduct over a short period of time. Example: a single person
charged with three (3) different Driving While License Suspended charges would be
counted as three (3) separate cases because the incidents necessarily took place at
separate times. However, a single individual charged with Reckless Driving, DUI, Hit
and Run (Attended), and Driving While License Suspended arising out of one incident
(on two citations), would count as one (1) case.
3. Case Count. A case is counted where: (a) Pretrial: Each pretrial case is
counted only once irrespective of any subsequent reappointments pursuant to a failure
to appear (FTA). They will be counted at the time of first appointment. Cases
subsequently conflicted, or where a private attorney is hired, will be noted on the next
monthly report, but is not counted as a PUBLIC DEFENDER case; (2) Post trial
convictions: Case where a defendant was previously represented by the PUBLIC
DEFENDER and was previously counted when they were in pretrial status will not be
counted unless they FTA at a post conviction hearing. Post conviction cases where
defendants FTA and are subsequently re-appointed to the PUBLIC DEFENDER will be
counted again; however, this shall occur only once. No matter how many times a
defendant FTA and the PUBLIC DEFENDER is reappointed when the case is in the
post-conviction status, the case will be recounted only once.
In the future, the PUBLIC DEFENDER agrees to complete representation for any
defendant for which a Notice of Appearance has been filed, even if Court proceedings
continue beyond the date when a successor PUBLIC DEFENDER becomes responsible
for public defense services. This does not include post conviction reviews.
4. The PUBLIC DEFENDER may associate or employ additional or different
attorneys to represent defendants at no extra cost to the CITY. Any counsel associated
RES.A Page 11 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 4 of 13
with or employed by the PUBLIC DEFENDER shall have the authority to perform the
services called for herein. All associated counsel hired pursuant to this section shall be
admitted to practice pursuant to the rules of the Supreme Court of the State of
Washington. Sufficient counsel shall be provided to represent defendants during
vacation, illnesses, and settings in more than one (1) courtroom. No legal interns shall
be used unless agreed to by the CITY in advance. No attorney shall handle more than
six hundred (600) public defense cases annually during the term of this Agreement,
unless the Washington State Supreme Court establishes different case limits under the
Order. If new limits are established by Court Rule or statute, the parties agree to re-
open this provision in order to establish the appropriate case limit, and to negotiate
whether additional compensation is appropriate. This limit applies to each individual
attorney for all Courts in which the attorney practices.
The PUBLIC DEFENDER agrees to pay each subconsultant under this
Agreement for satisfactory performance of its contract no later than forty-five (45) days
from the receipt of each payment the consultant receives from the CITY. Any delay or
postponement of payment from the above referenced time frame may occur only for
good cause following written approval of the CITY.
5. Conflict Cases. Both parties agree that cases will be conflicted only when a
recognized conflict occurs (not a potential conflict). Upon discovery of an actual conflict
with the representation of a specific defendant by the PUBLIC DEFENDER (as defined
in the Rules of Professional Conduct), the PUBLIC DEFENDER shall immediately
inform the CITY, the Court, and the defendant in writing of the conflict by issuing a
Notice of Intent to Withdraw. Only a partner in the PUBLIC DEFENDER’S firm will be
permitted to make the final decision regarding whether a conflict actually exists. The
PUBLIC DEFENDER will assist the City with a list of qualified law firms with which the
CITY can contract for conflict public defense services.
6. Upon receiving notice of a conflict of interest and agreeing thereto, it will be
the CITY’S financial responsibility to pay alternative counsel to represent the defendant.
The Court will rotate, in order, “conflicted” cases to each firm. However, if the CITY
contests the Notice of Intent to Withdraw, then the CITY shall immediately file a note for
motion regarding the propriety of the withdrawal and request that the Court notify the
defendant and the PUBLIC DEFENDER of the date, time, and nature of the hearing. All
parties shall be bound by the Court’s ruling or any appeal therefrom.
7. Office appointments for the defendants appointed to the PUBLIC DEFENDER
should be made available at least during regular business hours of 8:00 a.m. until 5:00
p.m., Monday through Friday. Appointments shall be available at the courthouse for
defendants who are otherwise unable to obtain transportation to the PUBLIC
DEFENDER’S office. Local non-service-charge phone service throughout the
municipality shall be available as well as toll free and collect phone service from the
CITY jail and the King County jails.
RES.A Page 12 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 5 of 13
8. The PUBLIC DEFENDER will make every effort to coordinate cases with
CITY prosecutors at least once per week, in advance of upcoming court dates.
9. The PUBLIC DEFENDER will be available for all calendars pursuant to the
will of the Court. Public Defense requirements would generally appear as follows. Jail
is defined as the SCORE facility or Auburn Detention facility. Staffing of SCORE
requirements must ensure no calendar down time.
10. The PUBLIC DEFENDER shall provide to the City of Auburn Police
Department and Auburn Detention Center the telephone number or numbers at which
the PUBLIC DEFENDER can be reached twenty-four (24) hours each day for critical
stage advice to defendants during the course of police investigations and/or arrests, as
required by statute, case law, and applicable court rule in municipal misdemeanor
cases.
11. The PUBLIC DEFENDER shall provide to the screener for dissemination to
every represented defendant a letter in plain, simple, and concise language outlining the
defendant’s responsibilities with regard to the attorney-client relationship.
12. The PUBLIC DEFENDER shall institute and maintain a procedure to review
the defendants’ complaints. Complaints, which are not immediately resolved by the
PUBLIC DEFENDER, shall be referred to the Washington State Bar Association and/or
the Court.
13. Assignment or Subcontractors: No assignment or transfer of the Contract or
of any interest in the Contract shall be made by the PUBLIC DEFENDER without the
prior written consent of the CITY.
14. All documents, reports, memoranda, plans, and/or any other materials
created or otherwise prepared by the contractor as part of his performance of this
Agreement (the “Work Products”) that are not subject to attorney-client or attorney work
product privilege shall be owned by and become the property of the CITY, and may be
used by the CITY for any purpose beneficial to the CITY. The consultant may retain
copies of any documents, reports, etc., it authors.
15. If a Conflict Public Defender has been appointed as conflict counsel in a
case, the PUBLIC DEFENDER shall coordinate with Conflict Public Defender to file a
Notice of Withdrawal and Substitution with the Court, and shall serve a copy on the City
Attorney. If the case is a RALJ appeal, the notice shall be filed in the Superior Court,
with a copy to the Municipal Court and the City Attorney.
16. Caseload Monitoring.
a. The purpose of this Section is to provide data to support the CITY’S
possible adoption of a case weighting system, and to establish caseload limits. Using
the case weighting system attached hereto, marked as (Appendix A), the PUBLIC
RES.A Page 13 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 6 of 13
DEFENDER shall track assigned cases. Every month, the PUBLIC DEFENDER shall
provide a report that shows the total number of cases assigned, broken down by the
types of cases. The PUBLIC DEFENDER will meet with the CITY at least once per
quarter to review the report, and discuss whether the weighting system accurately
reflects the amount of work performed by the PUBLIC DEFENDER.
b. Factors to consider. In evaluating the proposed weighting system, the
PUBLIC DEFENDER shall consider (and shall include in each report), the effect of the
criteria in Section 3.3 of the ORDER. The PUBLIC DEFENDER shall recommend
adjustments to caseloads based on the experience of the attorneys, and shall provide
justification for those adjustments. The PUBLIC DEFENDER shall recommend
adjustments to the case weighting system based on the effect of Stipulated Orders of
Continuance, deferred prosecution, or other alternative dispositions. The PUBLIC
DEFENDER shall also recommend adjustments based on dispositions such as
diversions, or reductions to infractions, or other alternative dispositions that do not
include a plea of guilty (as provided for in Section 3.6(B)(v) of the ORDER).
IV. COMPENSATION
Compensation to the PUBLIC DEFENDER for public defense services beginning
July 1, 2013 through December 31, 2014 shall be paid at the rate of Thirty Three
Thousand Seven Hundred Fifty Dollars ($33,750.00) per month. The City will also pay
a one time transition expense of Ten Thousand Dollars ($10,000.00), within ten (10)
days of execution of this Agreement. In addition, the CITY will pay for transcription
costs required for the appeal, regardless of which party files the appeal.
All videotapes, CDs, audiotapes, video disks, photocopies, color copies of images,
or other media associated with discovery shall be provided by the CITY at no cost to the
PUBLIC DEFENDER.
The PUBLIC DEFENDER will submit an invoice no later than the 4th day of each
month. Pursuant to regular CITY policy regarding payment for services rendered, the
CITY shall make payment to the PUBLIC DEFENDER on the first day following the first
CITY Council meeting following the timely submittal of the PUBLIC DEFENDER report
and invoice.
The PUBLIC DEFENDER agrees and understands that he/she is an independent
contractor and not the agent or employee of the CITY. The manner and means of
providing the professional services herein are under the sole control of the PUBLIC
DEFENDER. The PUBLIC DEFENDER shall be solely responsible for reporting his/her
hours, earnings, income tax, and social security to the applicable federal and state
agencies. The PUBLIC DEFENDER understands that he/she is not entitled to any of
the benefits provided by an employer to employees including, but not limited to, paid
leave, health insurance coverage, retirement programs, and/or unemployment
insurance.
RES.A Page 14 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 7 of 13
V. TERM OF CONTRACT
This Agreement shall remain in full force and effect from July 1, 2013, through
December 31, 2014. This Agreement may be annually extended or renewed under the
terms of this Agreement, or as modified by agreement of both parties, at the conclusion
of the term of this Agreement. Such extension or renewal shall be in writing, upon
agreement of both Parties.
VI. POLICY AGAINST DISCRIMINATION
The PUBLIC DEFENDER shall not discriminate in employment practices on the
basis of race, creed, color, age, disability, religion, sex, or sexual orientation and follow
the CITY’S policy on nondiscrimination. The PUBLIC DEFENDER should comply with
all local, state, and federal laws regarding discrimination.
VII. PUBLIC DEFENSE STANDARDS
The PUBLIC DEFENDER shall comply with the Rules of Professional Conduct. The
PUBLIC DEFENDER shall comply with the City of Auburn Standards for Public Defense
as adopted by the CITY on August 20, 2012, pursuant to Resolution 4849 and any
future standards for public defense services that may be adopted by the CITY pursuant
to Chapter 10.101.030 of the RCW. The PUBLIC DEFENDER shall submit a copy of
the affidavit it files with the Municipal Court, stating that the PUBLIC DEFENDER is in
compliance with such standards to the Director of Human Resources/Risk
Management. This affidavit shall be submitted thirty (30) days after the PUBLIC
DEFENDER has received a copy of such standards.
VIII. INSURANCE AND INDEMNIFICATION
A. Insurance
The PUBLIC DEFENDER shall be responsible for maintaining, during the term of
this Agreement and at its sole cost and expense, the types of insurance coverages and
in the amounts described below. The PUBLIC DEFENDER shall furnish evidence,
satisfactory to the CITY, of all such policies. During the term hereof, the PUBLIC
DEFENDER shall take out and maintain in full force and affect the following insurance
policies:
1. Commercial General Liability insurance, insuring the CITY and the PUBLIC
DEFENDER against loss or damages arising from premises, operations, independent
contractors, and personal injury and advertising injury. The CITY shall be named as an
insured under the PUBLIC DEFENDER’S Commercial General Liability insurance policy
with respect to the work performed for the CITY, with minimum liability limits of one
million dollars ($1,000,000.00) combined single limit for personal injury, death, or
property damage in any one occurrence.
RES.A Page 15 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 8 of 13
2. Such workmen’s compensation and other similar insurance as may be
required by law.
3. Professional errors and omissions liability insurance with minimum liability
limits of one million dollars ($1,000,000.00).
B. No Limitation
PUBLIC DEFENDER’S maintenance of insurance as required by the Agreement
shall not be construed to limit the liability of the PUBLIC DEFENDER to the coverage
provided by such insurance, or otherwise limit the CITY’S recourse to any remedy
available at law or in equity.
If, for any reason, the PUBLIC DEFENDER loses its professional liability insurance
coverage, the PUBLIC DEFENDER must immediately notify the CITY’S Director of
Human Resources/Risk Management.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Professional Liability and Commercial General Liability insurance:
1. The PUBLIC DEFENDER’S insurance coverage shall be primary insurance
as respect to the CITY. Any insurance, self-insurance, or insurance pool coverage
maintained by the CITY shall be in excess of the PUBLIC DEFENDER’s insurance and
shall not contribute with it.
2. The PUBLIC DEFENDER’S insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the CITY.
D. Indemnification
The PUBLIC DEFENDER shall indemnify, defend, and hold harmless the CITY and
its officers, agents and employees, or any of them from any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including
attorney fees, by any reason of or arising out of the act or omission of the PUBLIC
DEFENDER, its officers, agents, employees, or any of them relating to or arising out of
the performance of this Agreement except for injuries and damages caused by the sole
negligence of the CITY. If a final judgment is rendered against the CITY, its officers,
agents, employees, and/or any of them, or jointly against the CITY and the PUBLIC
DEFENDER and their respective officers, agents and employees, or any of them, the
PUBLIC DEFENDER shall satisfy the same to the extent that such judgment was due to
the PUBLIC DEFENDER’s negligent acts or omissions.
RES.A Page 16 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 9 of 13
IX. TERMINATION OF CONTRACT
A. Grounds for Immediate Termination. The CITY retains the right to immediately
terminate this contract in the event any of the following incidents occurs:
1. Failure to provide timely proof of comprehensive professional liability
insurance due at any of the times required herein.
2. Loss of comprehensive professional liability insurance coverage regardless of
the reason therefor.
3. Any action that, at the sole discretion of the CITY, could bring discredit on the
CITY.
B. Additionally, either the CITY or the PUBLIC DEFENDER may terminate this
contract in the event of the following:
1. Any other breach of this contract; or
2. Violation of the Rules of Professional Conduct; or
3. Good and Sufficient Cause
Such termination under this subpart is effective only if the party terminating the
contract has provided written notice of the deficiency to the second party, and the
deficiency is not corrected in a timely manner to the reasonable satisfaction of the first
party.
Written notice of termination under Section IX (B) shall be given by the party
terminating this contract to the other not less than sixty (60) days prior to the effective
date of the termination.
C. In the event of termination or upon completion of the contract, the following
conditions may apply: (1) the PUBLIC DEFENDER shall be relieved of any further
responsibility for receiving new case assignments under this contract; (2) the PUBLIC
DEFENDER will continue to represent those defendants assigned prior to the date of
termination and who have a trial date set and shall complete representation in all such
cases; provided that, after termination or completion of the contract pursuant to court
rules and the Rules of Professional Conduct, the PUBLIC DEFENDER may withdraw
from any case as permitted by court rule.
X. TRANSITION.
In consideration for the transition payment in Section IV of this Agreement, the
PUBLIC DEFENDER shall contact the City’s current Public Defender upon execution of
this Agreement to discuss the transition of current cases, and historical records. The
RES.A Page 17 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 10 of 13
parties agree that, subject to Court Rules and the Rules of Professional Conduct, that
as many cases as possible should be taken over by the PUBLIC DEFENDER as of the
start date of this contract. The PUBLIC DEFENDER will cooperate with the incumbent
to file all necessary paperwork with the Court, and to consult with clients to ensure a
smooth transition of representation.
DATED this________ day of__________________, 2013.
CITY OF AUBURN
________________________________
Peter B. Lewis
Mayor
ATTEST:
________________________________ ____________
Danielle E. Daskam Date
City Clerk
APPROVED AS TO FORM:
__________________________________ _____________
Daniel Heid Date
City Attorney
LAW OFFICES OF CAYCE & GROVE
__________________________________ ______________
Representative Date
RES.A Page 18 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 11 of 13
APPENDIX A TO
PUBLIC DEFENSE CONTRACT
JULY 1, 2013 – December 31, 2014
Allowing Minor to Frequent Bar 1/3
Allow Unauthorized Person to Drive 1/3
Altered License 1/3
Assault:
Domestic Violence 1
Non Domestic Violence 1
With Sexual Intent 2
Animal Cruelty 1
Attempted Assault 2/3
Attempted Forgery 2/3
Attempted Theft 2/3
Canceled Plates/Registration 1/3
Complicity 2/3
Commercial License Needed 1/3
Concealed Weapon 2/3
Conspiracy 2/3
Counterfeiting Trademark 2/3
Criminal Attempt 2/3
Criminal Trespass 1/3
Custodial Interference 1
Cyber Stalking 1
Dangerous Animal at Large 2/3
Discharge of Firearm 2/3
Disorderly Conduct 1/3
Display of Weapon 2/3
Driving Under Influence (DUI) 1
Driving While License Suspended (DWLS 1) 1/2
Driving While License Suspended (DWLS 2) 1/2
Driving While License Suspended (DWLS 3) 1/3
Criminal Assistance 1/3
Escape 2/3
Failure to Transfer Title 1/3
Failure to Disperse 1/3
Failure to Obey 1/2
Failure to Obey Flagman 1/2
Failure to Obtain Vehicle License 1/3
Failure to Stop 1/2
Failure to Secure Load 1
Failure to Surrender License 1/3
False Identification 1/2
False Insurance Card 1/2
RES.A Page 19 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 12 of 13
False Information 1/2
False Reporting 1/2
False Statement 1/2
Fraudulent Driver’s License 1/2
Furnishing Liquor to Minor 1/2
Harm to a Police Dog 1
Harassment 1
Telephone Harassment 1
Domestic Violence Harassment 1
Hit and Run Attended 1
Hit and Run Unattended 1/2
Illegal Fireworks 1/3
Illegal Use of Dealer Plate 1/3
Immoral Conduct with a Minor 1
Indecent Exposure 1
Inhale Toxic Fumes 1
Interfering with Reporting to 911 2/3
Invalid Trip Permit 1/3
Loiter for Prostitution 1/2
Malicious Mischief Domestic Violence 1
Malicious Mischief Non-Domestic Violence 2/3
Minor Frequenting a Tavern 1/2
Minor Intoxicated in Public 1/2
Minor in Possession/Consumption 1/2
Neglect of a Child 1
Negligent Driving 1 1
No Valid Operator’s License 1/3
Obstructing 2/3
Operating Vehicle without Certification of Ownership 1/3
Operating Vehicle without Ignition Interlock 1/2
Patronizing a Prostitute 1/2
Physical Control 1
Possession of Drug Paraphernalia 1/2
Possession of Marijuana 1/2
Possession of Stolen Property 2/3
Possession/Making Burglary Tools 2/3
Possession of Another’s ID 1/2
Possession of Legend 2/3
Prostitution 1/2
Provoking Assault 2/3
Public Disturbance 1/3
Reckless Driving 2/3
Reckless Burning 2/3
Reckless Endangerment 2/3
Refuse to Cooperate 1/2
Crimes Requiring Registration as Sex Offender 2
RES.A Page 20 of 70
Public Defender Contract
July 1, 2013 – December 31, 2014
Date 5.14.13
Page 13 of 13
Resisting Arrest 2/3
Selling Liquor to Minor 1/2
Stalking 1
Tampering with Property of Others 1/2
Tampering with a Witness 1
Theft 3 2/3
Theft of Rental Property 2/3
Unlawful Issuance of Bank Check 2/3
Unlawful Bus Conduct 1/2
Unlawful Camping 1/3
Unlawful Racing 2/3
Vehicle Prowl 2/3
Vehicle Trespass 2/3
Violation of Anti-Harassment Order 2/3
Violation of No Contact Order 2/3
Violation of Instruction Permit 1/3
Violation of Occupancy License 1/3
Violation of Protection Order 2/3
Violation of Restraining Order 2/3
Violation of Stay Out of Area of Prostitution (SOAP) Order 1/2
Weapons Capable of Harm 2/3
RES.A Page 21 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Animal Control Licensing Program
Date:
May 22, 2013
Department:
Finance
Attachments:
April 2013 Balance Report
April 2013 Licensing Summary
Revenue & Sales by Month
Draft Procedure for Pet License Sales
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
April 2013 animal licensing reports for review and discussion only.
Reviewed by Council Committees:
Municipal Services
Councilmember:Staff:Coleman
Meeting Date:May 28, 2013 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 22 of 70
Auburn Animal Licensing Balance Report
April 2013
BALANCE SUMMARY
Gross Monthly Revenue 11,071.00$
less fees to PetData and other deductions (1,289.10)$
License Revenue for Auburn 9,781.90$
Cash Inflows
Total License Revenue 11,071.00$
Paid NSFs -$
Bad Check Fees Collected -$
Total Cash Inflows 11,071.00$
Cash Outflows
PetData Fees:
Licenses Sold ($3.90 each)319 1,244.10$
Replacement tags ($3.90 each)0 -$
Late Fees ($2.50 each)6 15.00$
Subtotal Fees 1,259.10$
Other Deductions from Revenue:
Refunds 30.00$
Uncollected NSFs -$
Bank Fees Mar -$
Subtotal other deductions 30.00$
Total Cash Outflows (1,289.10)$
License Revenue for Auburn 9,781.90$
Revenue Retained by Auburn City Hall (405.00)$
Net Payment to Auburn 9,376.90$
DI.A Page 23 of 70
Replacement
Licensing Summary Report – Auburn, WA
Clinic Clinic Name Unaltered Altered
Activity from 4/1/13 through 4/30/13
Late
FeesSeniorDisability
Juvenile
Pet
License
TotalService Excep
PetData Corporate
AUB900 PETDATA MAIL 5 147 39
$300.00
7
$4,380.00 $585.00 $105.00
0
$0.00
1
$0.00
199
$5,370.00
0
$0.00 $100.00
6
$1,641.00
61
AUB901 PETDATA ONLINE LICENSES 13 73 7
$780.00
0
$2,190.00 $105.00 $0.00
4
$60.00
0
$0.00
97
$3,135.00
0
$0.00 $0.00
0
$420.00
14
SubtotalPetData Corporate
$780.00 $2,190.00 $105.00 $0.00 $60.00 $0.00 $3,135.00 $0.00 $0.00 $420.00
18 220 46 7
$1,080.00 $6,570.00 $690.00 $105.00
4
$60.00
1
$0.00
296
$8,505.00
0
$0.00 $100.00
6
$2,061.00
75
Municipal Locations
AUB800 CITY HALL 0 9 9
$0.00
0
$270.00 $135.00 $0.00
0
$0.00
5
$0.00
23
$405.00
0
$0.00 $0.00
0
$0.00
0
SubtotalMunicipal Locations
$0.00 $270.00 $135.00 $0.00 $0.00 $0.00 $405.00 $0.00 $0.00 $0.00
0 9 9 0
$0.00 $270.00 $135.00 $0.00
0
$0.00
5
$0.00
23
$405.00
0
$0.00 $0.00
0
$0.00
0
TOTAL REGISTRATIONS
TOTAL REVENUE
18 229 55 7
$1,080.00 $6,840.00 $825.00 $105.00
4
$60.00
6
$0.00 $8,910.00
319 0 6
$0.00 $100.00
75
$2,061.00
$11,071.00
05/13/13 11:07:12Page:1
DI.A Page 24 of 70
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DI.A Page 25 of 70
ADMINISTRATIVE
PROCEDURE
TITLE: Procedure for Veterinarians Selling Pet
Licenses
SUBJECT: Pet Licensing
DATE: May 22,
2013
PAGES: 1 PREPARER: JEFF TATE, Development Services
Manager
Purpose To establish administrative procedures that facilitate the sale of pet licenses at local Auburn Veterinarian
clinics. This procedure will accomplish the following:
• Establish a procedure that allows veterinarians to participate in the sale of pet licenses at their clinic.
• Ensure that PetData provides adequate supplies to participating veterinarians in a timely manner.
• Ensure that participating veterinarians are providing PetData with licensing data in an accurate and
timely manner.
• Ensure that funds collected by participating veterinarians are promptly and efficiently transmitted to
PetData.
• Ensure that the City of Auburn has appropriate monitoring and auditing controls that enable proper
oversight of the transferring of funds.
Defining how a
Veterinarian
becomes
eligible to sell
pet licenses at
their clinic
• In order for a veterinarian clinic to participate in the sale of pet licenses they must first submit a
completed registration form. Registration forms will be provided to the pet license program manager
who will then verify that that the veterinarian clinic has a valid City of Auburn business license and
begin the process for setting up the clinic for pet license sales.
• The registration form will include: name of clinic, point of contact for clinic, mailing address, email
address, telephone number, and a signature block for the clinic manager/owner.
• Once registered, the pet license program manager will notify PetData that the veterinarian clinic is
authorized to sell pet licenses. The program manager will provide PetData with the veterinarian’s
contact information.
• The program manager will provide the participating veterinarian clinic with an introductory pet license
packet that includes: the City’s point of contact information, PetData points of contact, written
instructions that describe how to order supplies from PetData, written expectations for how to report
licensing and transfer funds, and any other additional administrative instructions that have been
developed. The program manager will arrange an in person tutorial with the veterinary clinic where the
introductory packet is presented and operational instructions are presented to clinic staff. During this
tutorial the program manager will provide the clinic with their first 25 pet licenses, application forms,
fee schedules, marketing materials, and other pertinent items to get the clinic started. The program
manager will also explain how to fill out forms and transmit information to PetData and to the City.
• Upon completion of the tutorial, the program manager will inform PetData that the tutorial has been
completed and the tag sequence that was provided to that particular veterinarian clinic. The program
manager will also maintain a file for each veterinarian that documents the materials provided to the
clinic, the tag sequence that was provided and the contact information.
Delivery of
Supplies by
PetData to
Veterinarians
• Within 10 days following notification of PetData that the tutorial is complete, PetData will work directly
with the individual veterinarian clinic to provide access to licensing data online.
• Pursuant to the contract between PetData and the City of Auburn, PetData will provide each qualifying
veterinarian with licenses, application forms, guidance materials, and all other materials outlined in
Exhibit A of the Scope of Services established under Resolution 4867.
• Participating veterinarians will monitor their own inventory of materials and place requests for
additional materials as they are needed. PetData will ensure that supplies are delivered to the
veterinarian clinic within 10 days of the date that the request is submitted. DI.A Page 26 of 70
Delivery of
Licensing Data
and Funds
Collected from
Veterinarians
to PetData
• On a monthly basis, participating veterinarians will provide to PetData the sales receipts for pet
licenses and the funds collected during the reporting period. The veterinarian clinic will deliver to
PetData a check equal to the amount collected during the reporting week accompanied by a pet recap
report that summarizes the months sales.
• Upon receipt of the monthly report, PetData will enter all licensing information into the PetAccess
database.
• On a monthly basis, PetData will provide to the City of Auburn a monthly report that documents the
prior months licenses sold and funds collected.
Auditing
Controls
• By the 5th of each month, each veterinarian clinic will provide to the program manager the yellow
copies of the pet license application forms that were sold during the prior month.
• By the 15th of each month, PetData will provide to the program manager reports for the prior month
that indicate which tags were sold at each veterinarian clinic.
• By the 20th of each month, the program manager will evaluate the data provided by PetData and the
data provided by the veterinarian clinics to ensure that the figures are consistent.
• By the 20th of April, July, October and January, the City of Auburn will perform a quarterly review of pet
licenses sold at veterinarian clinics for the prior 3 months. The quarterly review will consist of
reconciling data provided by PetData with copies of license applications that are received from the
veterinarian clinics.
DI.A Page 27 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Watershed Investment Districts
Date:
May 17, 2013
Department:
Public Works
Attachments:
Background Information
Budget Impact:
$0
Administrative Recommendation:
For Discussion.
Background Summary:
Please see attached.
Reviewed by Council Committees:
Municipal Services, Public Works
Councilmember:Staff:Robertson
Meeting Date:May 28, 2013 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 28 of 70
1
Background Paper
LOCALLY-BASED GOVERNANCE STRUCTURES & FUNDING
For Watershed Plan Implementation
SCA Public Issues Committee Subcommittee on Watershed Investment
December 4, 2012
In 1993, the cities and the county recognized that solutions to declining fish populations, flooding, and
degrading water quality often lie outside the boundaries of individual jurisdictions, and began dialogue
about the interest and need for an integrated, ecosystems approach to managing natural resources and
restoring our watersheds .
A regional project was initiated in 1994 called the Regional Needs Assessment to seek solutions to
problems that transcend jurisdictional boundaries in the Sammamish, Snoqualmie, Lake
Washington/Cedar, Central Puget Sound, and Green/Duwamish watersheds. The project developed
trust among the local governments which led to breakthroughs in regional cooperation, namely an
agreement that major river flooding, protection and restoration of salmon habitat, and non-point
pollution clean-up and monitoring were best addressed cooperatively within these 5 watersheds.
By 1997, the cities and county forged interlocal agreements that established Watershed Forums of
local government elected officials within each of the 5 watersheds.AATheAIL ’sAprovided the governance,
policy, and decision making construct for addressing regional needs, setting priorities, and using shared
funding across jurisdictional boundaries. Watershed Forums began addressing regional needs and
setting priorities in 1998.
In 1999, Chinook salmon were listed as Threatened under the Endangered Species Act, prompting the
Forums to develop salmon recovery strategies and goals for Water Resource Inventory Areas (WRIA) 7,
8, 9, and 10. The Sammamish and Lake Washington/Cedar Forums merged into a single WRIA 8 Forum,
and the Central Sound and Green/Duwamish Forums merged into the WRIA 9 Forum. By 2005, WRIA
recovery plans were completed for putting the listed salmon populations on the road to recovery.
No sustainable, dedicated funding mechanism for implementing the watershed plans has emerged, and
unpredictable and intermittent competitive grants remain the primary source of funding to implement
WRIA recovery plans from 2006 to present.
The WRIA 9 Watershed Forum began intensively evaluating 25 funding mechanisms in 2009. By late
2010, after considerable dialogue among multiple watersheds, a cross-WRIA project was initiated to
exploreAtheAconceptAofA“watershedAinvestmentAdistricts” or a watershed-based governance and funding
structure.
DI.B Page 29 of 70
2
A cross-WRIA Leadership Group of city elected officials andAstaffAfromAWRI ’sA7,A8,A9,AandA10Adeveloped a
draft discussion “watershed investment district” bill in July 2011. The draft bill has been reviewed by
theAKingACountyAProsecutingA ttorney’sAOffice.
Following is a listing of the groups and entities that have been given on or more presentations about the
watershed investment district draft bill over the past 1-1/2 years since the bill was drafted:
Snoqualmie Watershed Forum
WRIA 8 Salmon Recovery Council
Puget Sound Salmon Recovery Council
Pierce County Executive staff
Snohomish County Executive staff
Washington Environmental Council
The Nature Conservancy
Salmon Recovery Funding Board
Salmon Recovery Lead Entity Advisory Group
King County Executive staff
WRIA 9 Watershed Ecosystem Forum
WRIA 9 Management Committee
Earth Economics
Parametrix
King County Water and Land Resources Division Green River Coordinating Group
King County Water and Land Resources Surface Water Management Division
Puget Sound Partnership (PSP) Management Team
PSP Ecosystem Coordination Board (ECB)
PSP Leadership Council
P SP ECB Funding Subcommittee
PSP Puget Sound Salmon Recovery Council (PSSRC)
PSP PSSRC Funding Subcommittee
WRI A10/12ACitizens’A dvisoryACommittee
WRIA 7 Snohomish Forum
House of Representatives Environment Committee
South Central Action Area Caucus Group/Lead Implementing Organization
Suburban Cities Association Public Issues Committee
City of Bellingham City Councilmember
American Planning Association, Washington Chapter
In late 2012, collaboration continues with the Puget Sound Partnership Ecosystem Coordination Board
to develop an integrated funding strategy for Puget Sound that includes Federal, State, and Local
sources of funding for implementing the salmon recovery plans.
DI.B Page 30 of 70
WID-DraftLegislation-Section-by-Section-Summary7-20-11 1
WATERSHED INVESTMENT DISTRICT DRAFT LEGISLATION
SECTION-BY-SECTION SUMMARY
July 20, 2011
Sec. 101 Intent
States the legislature's rationale for allowing creation of watershed investment
districts and allows creation of districts. Provides that investments in watershed
health can be made most efficiently and effectively by having the governing body
of the new special purpose district consists of elected officials from local
governments within the boundaries of the district.
Sec. 201 Definitions
Provides that a watershed investment district may include all or a portion of a
single WRIA, and all or portions of contiguous WRIAs.
Sec. 301 Creation of a District
Describes the process for a county or counties to create a district. A district's
boundaries must be generally contiguous with the boundaries of participating
water resource inventory areas. Gives districts taxing authority. Cities containing
a majority of the population within a WRIA may petition a county legislative
authority requesting a hearing on the formation of a district and requires that
county to consider the petition within the form of a proposed ordinance
establishing a district within three months of receiving such a petition.
Sec. 302 Governance
Provides that a district will be governed by a board made up of elected officials of
counties and cities that are wholly or partly within the district. Board members
will include the elected county executive or, if the executive declines, one elected
county legislative member appointed by the legislative body from each
participating county and the mayor or, if the mayor declines, one elected
legislative member appointed by the legislative body from each participating city.
Districts with more than 15 participating local governments may choose through
execution of an interlocal agreement to create a representational board equal to
or less than 15 members. Specifies membership in such a case. Provides for
rotating seats for non-permanent members of the board. Provides that each
board may appoint an advisory committee of stakeholders or include
stakeholders as non-voting members on the board itself.
Sec. 303 Watershed Activities, Programs and Projects
Authorizes a district to use funds for activities and programs to restore and
conserve lands and waters and to reduce water pollution within its boundaries.
Also allows a district to use funds for its operations and to enter into contracts
with public and private entities to carry out activities and programs.
DI.B Page 31 of 70
WID-DraftLegislation-Section-by-Section-Summary7-20-11 2
Sec. 304 Watershed Funding Plan
Requires a district to prepare a watershed funding plan within three years of the
district’s creation. Requires a district board to consider allocating up to 10
percent of the funding to activities and programs identified by individual
participating cities and counties. Provides that this allocation be divided among
participating cities and counties in proportion to revenues generated within their
boundaries. Provides that a funding plan address how it will contribute to the
objectives of related efforts aimed at watershed health in the WRIA or WRIAs.
Sec. 305 Watershed Funding Proposition
Within seven years of a district’s creation, requires the district to present a
watershed funding proposition to voters within the district for approval. Requires
each county participating in the district to submit a proposition to voters that
describes proposed watershed activities, programs and projects and a
description of the specific nature and amounts to be charged under a proposed
funding mechanism.
Sec. 306 Revenue Sources
Authorizes a district board to fix or impose a fee, tax, surcharge or assessment
as approved by a majority of voters within the district and lists a menu of options,
including general property tax; utility fee; sales and use tax; real estate excise
tax; per parcel assessment; and pollution discharge tax.
Sec. 307 Voter Approval of Watershed Funding Plan
Describes the process for proposing a watershed funding proposition to voters
within a district. If voters fail to approve its first funding proposition, allows a
district to submit another funding propositions to voters. If voters reject two
consecutive funding propositions, the district will be dissolved by ordinance of the
participating county or counties that formed it. Provides that the dissolution of a
district will not preclude re-establishment of a district with the same boundaries in
the future.
Sec. 308 Continued Funding
Describes the process for a district to seek continued funding for activities,
programs and projects. A district may present a new funding proposition to
voters. It must be based on an updated funding plan. If approved by voters, the
funding proposition would be effective for seven to 10 years.
Sec 309 Start-Up Funding for a District
Authorizes the district and participating counties and cities to enter into interlocal
agreements under which the counties and cities can provide start-up funding to
the district for its administrative costs. Provides that the district must repay these
funds. Authorizes districts to receive grants for start-up purposes from federal,
state, tribal and private sources.
DI.B Page 32 of 70
WID-DraftLegislation-Section-by-Section-Summary7-20-11 3
Sec. 310 Purposes and Powers of a District
Describes the purposes and powers of a district. Among these, a district may
maintain an office; receive funds and in-kind services from federal, state, tribal
and private sources; sue and be sued; engage consultants and advisers; contract
for services with other governmental entities; hire employees; acquire and hold
real or personal property; make grants; and enter into interlocal agreements.
Sec. 311 Defense and Indemnity
Provides for defense and indemnification of directors, employees and agents of a
district.
Sec. 312 Treasurer
Allows the treasurer or comparable officer of a participating county or city to
serve as the ex officio treasurer of a district.
Sec. 401-407 Authorization to Utilize Specific Types of Taxes, Fees or
Assessments
These sections amend current state statutes or add language to authorize
districts to propose specific assessments, taxes or fees to support
implementation of the district’s programs and activities as proposed to voters in a
watershed funding plan.
Sec. 501 Application of Funding
Provides that—to the maximum extent possible—watershed activities, programs
and projects that are funded in whole or in part by a district, must be carried out
by an activity, program or project sponsor. Allows a district itself to carry out
programs and activities if it finds that the district is specially qualified to do so.
Otherwise, a district may designate a public or private entity to function as a
activity, program or project sponsor, based on criteria developed by the district.
Sec. 502 Oversight and Evaluation
Provides that districts monitor and evaluate performance of project sponsors, and
for allowing audits of contract requirements.
Sec. 503 Dissolution of a District
Describes the process for dissolving a district and distributing assets.
Sec. 601-607 Miscellaneous
Adds watershed investment districts to statutes on special purpose districts.
Addresses: applicability of public laws to districts; legal challenges to the
formation of a district; and severability.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Project Matrix
Date:
May 14, 2013
Department:
Police
Attachments:
Project Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:May 28, 2013 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 69 of 70
MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX
NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE
EST.
COMPL.
DATE
STATUS
10P Red Light Photo Enforcement Bob Lee 7/22/2013
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept)
2nd meeting of the month. RedFlex contract will expire
5/31/13. The amended contract expires 5/31/14.
20P Animal Control and Rescue Bob Lee 7/8/2013 On-Going
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept) 1st
meeting of the month. Animal Shelter and Service began
January 1, 2013.
24P Fireworks Update Bob Lee 5/28/2013 On-Going The Council Operations Committee/MIT will meet on
5/28/13.
27P Animal Control Licensing Program Shelley Coleman 5/28/2013 On-Going Monthly staff report to be provided at 2nd meeting of the
month.
28 P Solid Waste Rate Review Shelley Coleman 6/10/2013
Through MSWMAC input from other cities will help COA
determine if it will change to direct billing. New rates will
go into effect January 1 (2013 & 2014). Annual rate
increases are planned in the next 4-5 years to end the
commercial subsidy for residential service.
29P Golf Course & Restaurant Working Capital
Review and Future Plans Shelley Coleman 7/22/2013 On-Going
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept)
2nd meeting of the month.
31P Cemetery Update Daryl Faber 7/22/2013 Quarterly update to review Marketing Plan. 2nd meeting
of the month.
NO.ITEM OF INTEREST
3 I Shopping Cart Update Randy Bailey 7/8/2013 January (Prev July-Dec), July (Prev Jan-June).
4 I Ordinance No. 6398 - Pull Tabs Dan Heid 1/13/2014
Annual review of taxation basis to determine if any
changes need to be made -dependent upon status of
economy. Ordinance No. 6398 was enacted 2/21/12.
5I Review all non-Utility Enterprise
Fees/Funds Daryl Faber 6/24/2013
6I SCORE Jail Stats Shelley Coleman 7/22/2013 Review of SCORE Jail statistics.
7I Concealed Pistol Licenses Benefit Cost
Analysis John Partridge 9/9/2013
Determine if we have appropriate costs for this task.This
item has been assigned to Councilmember Partridge to
take to the Regional Law Safety &Justice Committee
meetings.
Last Revision Date: 5/14/13 E:\AGENDA\MunicipalServicesPaperlessPacket\2013\10-May 28\Resources\Matrix 05-14-13.xls
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