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HomeMy WebLinkAbout10-29-2012 Committee of the Whole October 29, 2012 - 5:00 PM Council Chambers AGENDA I. CALL TO ORDER II. DISCUSSION ITEMS A. Update on Gang Prevention Efforts (Hursh/Lee) B. Citizens' Survey Results with Stuart Elway C. Self Insured Workers Compensation* (Roscoe) D. Manufacturing Village Concept (Snyder) E. Les Gove Community Campus as Auburn's Central Park* (Snyder) F. Televising Council Committee Meetings G. Ordinance No. 6429* (Heid) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 1.25.010, 1.25.020, 1.25.040, 9.58.020, 9.86.040, 10.12.430, 10.12.440, 10.40.050, 10.40.060 and 15.06.040 and Chapter 10.08, of the Auburn City Code relating to changes from the Municipal Court to the District Court systems III. 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 30 AGENDA BILL APPROVAL FORM Agenda Subject: Update on Gang Prevention Efforts Date: October 23, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Hursh/Lee Meeting Date:October 29, 2012 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 2 of 30 AGENDA BILL APPROVAL FORM Agenda Subject: Citizens' Survey Results with Stuart Elway Date: October 24, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:October 29, 2012 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 3 of 30 AGENDA BILL APPROVAL FORM Agenda Subject: Self Insured Workers Compensation Date: October 24, 2012 Department: Administration Attachments: Workers Compensation PowerPoint Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Roscoe Meeting Date:October 29, 2012 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 4 of 30 Self InsuranceWorkers’ Compensation 1 DI.C Page 5 of 30 Workers’Compensation 2 No fault industrial insurance benefits Benefits are defined by RCW and regulated by Department of Labor and Industries Benefits for injuries and illness sustained in the course of employment Washington is a monopolistic state (1 of 4) –Labor and Industries, or –Self Insurance DI.C Page 6 of 30 Workers’ Compensation Actuarial budget shortfall of $3.1 billion State auditor’s report that the system is nearing insolvency Recommended raising rates 19% or more every year over the next 10 years 0% overall rate increase for 2013 –Good news bad news (pay now or pay later) –Law enforcement rate increase 8.2% Fact remains contingency reserve fund needs to be replenished 3 DI.C Page 7 of 30 Self Insuring Process 4 Process is regulated and defined by WAC 296-15-021 –Must meet certain financial standards Assets over $25 million & operational 3 + years –L&I must approve accident prevention plan for at least 6 months prior to applying for self-insurance Most employers fail to meet L&I expectations –Designate a third-party claims administrator (TPA) –Complete a Self-Insurance Certification Questionnaire –Prove a commitment to maintain a safe and healthy work environment –Certification takes a minimum of three months after above criteria met –Pay the state to oversee City’s self-insured programs DI.C Page 8 of 30 Steps to Take Must maintain a surety or financial obligation amount TBD by L&I (3 options determined by highest amount) –Premium –Developed losses, or –Minimum bond requirement ($625,000) Purchase excess insurance amount to be determined by City and Insurance Market –Individual claim $100,000 -$500,000 –Aggregate claim $500,000 -$1,000,000 Set-up checking account with TPA Conduct employee orientations and risk management plans Implementation 5 DI.C Page 9 of 30 AGENDA BILL APPROVAL FORM Agenda Subject: Manufacturing Village Concept Date: October 24, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Snyder Meeting Date:October 29, 2012 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 10 of 30 AGENDA BILL APPROVAL FORM Agenda Subject: Les Gove Community Campus as Auburn's Central Park Date: October 24, 2012 Department: Administration Attachments: Memo Tasks and Timeline Emails Map Map Map Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Snyder Meeting Date:October 29, 2012 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 11 of 30 Page | 1 Memorandum To: Deputy Mayor Nancy Backus, Auburn City Council Councilmember Rich Wagner, Auburn City Council Councilmember Bill Peloza, Auburn City Council Councilmember John Partridge, Auburn City Council Councilmember Largo Wales, Auburn City Council Councilmember Wayne Osborne, Auburn City Council Councilmember John Holman, Auburn City Council From: Kevin Snyder, AICP, Planning & Development Director cc: Mayor Pete Lewis Date: October 25, 2012 Re: AUBURN CITY COUNCIL COMMITTEE OF THE WHOLE MEETING – AGENDA ITEM NO. II.E (LES GOVE COMMUNITY CAMPUS AS AUBURN’S CENTRAL PARK) The Les Gove Community Campus Committee previously discussed the development of an action plan for the Les Gove Community Campus focusing on its role as the City’s Central Park. Staff in coordination with the Mayor’s Office has developed a program and schedule (see attached) for the development of this action plan. One of the early tasks was a brainstorm session with the Committee on ideas, issues, elements, features and opportunities for the further development of Les Gove as Auburn’s Central Park. Because of time constraints at the Committee’s September 26, 2012 meeting, the Committee was not able to brainstorm on its ideas and thoughts for what a Central Park at Les Gove Community Campus might be like. This opportunity will occur with the full City Council on October 29th. Mayor Lewis and Councilmember Wagner have each previously developed thoughts and ideas for the Campus’ role as a Central Park (see attached) that can serve as a foundation for the brainstorm session with the Committee of the Whole. Staff has also prepared a number of reference maps (see attached) that can assist in the brainstorm session. DI.E Page 12 of 30 Page | 2 A brainstorm session is an opportunity to discuss and record – either in words, sentences or paragraphs – key ideas, thoughts and opinions about a Central Park at Les Gove Community Campus means to the City Council. It is also an opportunity for the Council to identify questions, information needs or other issues. To assist the Council in its discussion, staff offers the following questions: 1. What does the term Central Park mean to you? 2. What in your opinion is missing from the Les Gove Community Campus today that would more fully realize the ideas of a Central Park there? 3. The year is 2022. You are spending the day at Les Gove Community Campus. Please describe using words, sentences or other descriptors what you observe and experience. DI.E Page 13 of 30 Les Gove “Central Park” Action Plan Project Summary Tasks and Timeline Task Number Task Description Timeframe 1 Internal Staff Kick-Off & Brainstorming Meeting September 2012 2 Committee of the Whole presentation & discussion – “What Does a Central Park at Les Gove Mean to the Council?” October 2012 3 Neighbor Residents Survey November 2012 4 Park Users Survey November 2012 5 Neighborhood Meeting No. 1 – Issues, Opportunities and Partnerships December 2012 6 Preparation of Draft Action Plan December 2012 – January 2013 7 Review of Draft Action Plan with Les Gove Community Campus Committee (LGCC) January 2013 8 Review of Draft Action Plan with Planning & Community Development Committee (PCDC) February 2013 9 Staff Revisions to Draft Action Plan per LGCC & PCDC feedback February 2013 10 Neighborhood Meeting No. 2 – Draft Action Plan Review & Discussion February 2013 11 LGCC & PCDC Discussions and Reviews of Neighborhood feedback on Draft Action Plan February 2013 12 Staff Revisions to Draft Action Plan per LGCC, PCDC and neighborhood feedback February/March 2013 13 Staff Presentation on Recommended Final Action Plan to LGCC & PCDC March 2013 14 Neighborhood Meeting No. 3 – Recommended Final Action Plan Presentation March 2013 15 LGCC Action Recommendation to City Council on Final Action Plan April 2013 16 City Council Resolution Adoption May 2013 Key Participating Departments: • Mayor’s Office (including Economic Development) • Parks, Arts & Recreation • Public Works • Planning & Development (including Community Services) • Police DI.E Page 14 of 30 DI.E Page 15 of 30 DI.E Page 16 of 30 M S T S E AU B U R N W A Y S 6TH ST SE AUBURN-BLACK DIAMOND RD SE 6TH ST SE 7TH ST SE 5TH ST SE L S T S E 8TH ST SE D S T S E F S T S E H S T S E G S T S E K S T S E 9TH ST SE 12TH ST SE 10TH ST SE J S T S E B S T S E C S T S E 13TH ST SE E S T S E 14TH ST SE 11TH ST SE D P L S E L PL SE 10 T H P L S E 10TH PL SE 7TH ST SE F S T S E D ST SE 6TH ST SE H S T S E F S T S E C S T S E 11TH ST SE 7TH ST SE 9TH ST SE 9 T H S T S E 8TH ST SE L S T S E 10TH ST SE E S T S E D S T S E 8TH ST SE F S T S E J S T S E B S T S E 14TH ST SE Les Gove Community Campus- Current (1/4 Mile Out) Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map ID: 4036 Printed On: 9/18/2012 Parks andRecreationSenior Center White RiverValley Museum King CountyLibrary AYR Valley Medical Herr Herr Herr Herr City Interest Facility Les Gove Community CampusDI.E Page 17 of 30 M S T S E AU B U R N W A Y S L S T S E 8TH ST SE 9TH ST SE H S T S E 12TH ST SE F ST S E DEALS WAY SE J S T S E K S T S E 10TH PL SE 10TH ST S E L S T S E 12TH ST SE 8TH ST SE 9TH ST SE F S T S E Les Gove Community Campus- Current Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map ID: 4036 Printed On: 8/1/2012 Parks andRecreationSenior Center White RiverValley Museum King CountyLibrary AYR Valley Medical Herr Herr Herr Herr Herr City Interest Facility Les Gove Community CampusDI.E Page 18 of 30 M S T S E AU B U R N W A Y S L S T S E 8TH ST SE 9TH ST SE H S T S E 12TH ST SE F ST S E DEALS WAY SE J S T S E K S T S E 10TH PL SE 10TH ST S E L S T S E 12TH ST SE 8TH ST SE 9TH ST SE F S T S E Les Gove Community Campus- Proposed Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map ID: 4037 Printed On: 8/3/2012 ActivityCenterSenior Center White RiverValley Museum King CountyLibrary Valley Medical Restaurant Parks Admin Non-Profit City Interest Facility Les Gove Community Campus Community Center Veterans & Human Services Center Community Center Veterans & Human Services Center DI.E Page 19 of 30 AGENDA BILL APPROVAL FORM Agenda Subject: Televising Council Committee Meetings Date: October 24, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:October 29, 2012 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINEDDI.F Page 20 of 30 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6429 Date: October 24, 2012 Department: City Attorney Attachments: Ordinance No. 6429 Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Heid Meeting Date:October 29, 2012 Item Number:DI.G AUBURN * MORE THAN YOU IMAGINEDDI.G Page 21 of 30 --------------------------------- Ordinance No. 6429 October 23, 2012 Page 1 of 9 ORDINANCE NO. 6 4 2 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 1.25.010, 1.25.020, 1.25.040, 9.58.020, 9.86.040, 10.12.430, 10.12.440, 10.40.050, 10.40.060, AND 15.06.040 AND CHAPTER 10.08, OF THE AUBURN CITY CODE RELATING TO CHANGES FROM THE MUNICIPAL COURT TO THE DISTRICT COURT SYSTEMS WHEREAS, the City Council of the City of Auburn, recently adopted an Ordinance repealing Chapter 2.14 of the Auburn City Code entitled Municipal Court System in connection with the City’s contracting for court services from the King County District Court; and WHEREAS, in furtherance thereof, there are several other sections of the Auburn City Code that would benefit from clarification of the change of court systems; and WHEREAS, in order to provide that consistency regarding court systems, it is appropriate to amend the code where necessary to clarify that the municipal court will no longer be hearing court cases and that another court of limited jurisdiction is authorized to hear those cases. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 1.25.010 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.010 Purpose. DI.G Page 22 of 30 --------------------------------- Ordinance No. 6429 October 23, 2012 Page 2 of 9 It is the purpose of this chapter to generally provide civil penalties for non- fire code violations of ACC Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, all standards, regulations and procedures adopted pursuant to those titles, and the terms and conditions of any permit or approval issued pursuant to those titles which do not involve imminent danger to the public health, safety and welfare of persons or property, and such other code provisions as are specified. Criminal penalties provided in this code for non-fire violation of ACC Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, and all standards, regulations and procedures adopted pursuant to those titles and the terms and conditions of any permit or approval issued pursuant to those titles whether contained in Chapter 1.24 ACC or in the individual titles are superseded to the extent provided herein. It is the intent of this chapter to permit a timely and efficient means of enforcement, to establish definitions, monetary penalties for violations and a hearing process before the court of limited jurisdiction authorized to hear cases of the city as assigned in the ACC or as otherwise provided by law. (Ord. 5966 § 1, 2006; Ord. 5837 § 1, 2004; Ord. 5677 § 2, 2002; Ord. 5667 § 1, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.) Section 2. Amendment to City Code. That section 1.25.020 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.020 Definitions. Except where specifically defined in this section, all words used in this chapter shall carry their customary meanings. The word “shall” is always mandatory, and the word “may” denotes a use of discretion in making a decision. A. “Act” means doing or performing something. B. “Code enforcement official” means the director or designee of the director of the department authorized and/or empowered to enforce a violation of ACC Titles 5, 8, 12, 13, 15, 16, 17 and 18, and Chapter 10.02 ACC, or such other provisions of the ACC that are enforceable pursuant to the provisions of this chapter, and all standards, regulations and procedures adopted pursuant to those titles and the terms and conditions of any permit or approval issued pursuant to those titles of this code, and such of the code provisions specifying civil penalties not within the specific or exclusive enforcement responsibility of another official. C. “Emergency” means a situation or civil violation which in the opinion of the code enforcement official requires immediate action to prevent or eliminate an imminent threat to the public health, safety or welfare of persons or property. D. “Omission” means a failure to act. E. “Person” includes any natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its DI.G Page 23 of 30 --------------------------------- Ordinance No. 6429 October 23, 2012 Page 3 of 9 or their successors or assigns, a governmental body, or the agent of any of the aforesaid. F. “Stop work order” means the written order issued by the code enforcement official or other authorized enforcement official, or his/her designee, to direct that work or activity shall be stopped until such activity is authorized to resume by the code enforcement official or other authorized enforcement official, or his/her designee. G. “Violation” means an act or omission contrary to requirements contained in ACC Titles 5, 8, 12, 13, 15, 16, 17 and/or 18, and Chapter 10.02 ACC, or such other provisions of the ACC that are enforceable pursuant to the provisions of this chapter, and/or all standards, regulations and procedures adopted pursuant to those titles and the terms and/or conditions of any permit or approval issued pursuant to those titles, and such other code provisions as are specified. H. ”Court” means the court of limited jurisdiction authorized to hear cases of the city I. “Property owner” means any person or persons, having legal right or interest such as a fee owner, contract purchaser, mortgagor or mortgagee, option or optionee, and beneficiary or grantor of a trust or deed of trust, but not including the grantee of an easement. (Ord. 6328 § 1, 2010; Ord. 5966 § 2, 2006; Ord. 5677 § 2, 2002; Ord. 5667 § 2, 2002; Ord. 5372 § 1, 2000; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.) Section 3. Amendment to City Code. That section 1.25.040 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.040 Notice of infraction. A. Authority to Issue. Whenever the code enforcement official determines that a violation has not been corrected pursuant to ACC 1.25.030, he/she shall be authorized to issue a notice of infraction, on an appropriate form for filing with the court of limited jurisdiction authorized to hear cases of the city, to the property owner(s) and/or tenant(s) and/or to any person(s) causing or allowing or participating in the violation. B. Infraction Process. Once the notice of infraction has been filed with the court of limited jurisdiction authorized to hear cases of the city, it shall be sent in the normal course to the property owner(s), tenant(s) and/or to other person(s) causing or allowing or participating in the violation, and thereafter processed for court proceedings in accordance with applicable rules and procedures. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.) DI.G Page 24 of 30 --------------------------------- Ordinance No. 6429 October 23, 2012 Page 4 of 9 Section 4. Amendment to City Code. That section 9.58.020 of the Auburn City Code be and the same hereby is amended to read as follows: 9.58.020 Witness tampering. A. A person is guilty of witness tampering if he or she induces or attempts to induce a person that he or she knows or reasonably should know is a witness in a case before any court of this state located within the corporate boundaries of the city: 1. To testify falsely; 2. To withhold testimony without right or privilege; or 3. To fail to appear in court when scheduled to testify by subpoena or court order. B. Witness tampering is a gross misdemeanor. (Ord. 6411 § 6, 2012.) Section 5. Amendment to City Code. That section 9.86.040 of the Auburn City Code be and the same hereby is amended to read as follows: 9.86.040 SOAR orders – Issuance. A. The court of limited jurisdiction authorized to hear cases of the city may issue a SOAR order to any person charged with racing, unlawful race attendance, reckless driving associated with race activity, or trespass associated with race activity as a condition of pretrial release, sentence, or deferred sentence. B. A person is deemed to have notice of the SOAR order when: 1. The signature of either the person named in the order or that of his or her attorney is affixed to the bottom of the order, which signature shall signify the person named in the order has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order, or his or her attorney, has appeared in person before the court at the time of issuance of the order. C. The written SOAR order shall contain the court’s directives and shall bear the statement: “Violation of this order is a criminal offense under ACC 9.86.050 and will subject the violator to arrest.” (Ord. 5933 § 1, 2005.) Section 6 Amendment to City Code. That section 10.12.430 of the Auburn City Code be and the same hereby is amended to read as follows: 10.12.430 Complaint and citation – Filing with police department. DI.G Page 25 of 30 --------------------------------- Ordinance No. 6429 October 23, 2012 Page 5 of 9 Every police officer, upon issuing a traffic complaint and citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of this city, shall deposit the complaint and the abstract of the court record copy of such traffic complaint and citation with his immediate superior officer, who shall cause the original to be delivered to the court of limited jurisdiction authorized to hear cases of this city or to the traffic violations bureau. The police record copy of the traffic complaint and citation shall be retained in the traffic citation book and shall be delivered by such superior officer to the finance director together with such book when all traffic complaints and citations therein have been used. (Ord. 5212 § 1 (Exh. E), 1999; 1957 code § 9.04.470(A).) Section 7. Amendment to City Code. That section 10.12.440 of the Auburn City Code be and the same hereby is amended to read as follows: 10.12.440 Court of limited jurisdiction trial Upon the filing of such original citation in the court of limited jurisdiction authorized to hear cases of this city as set out in ACC 10.12.430, the citation may be disposed of only by trial in the court or by other official action by a judge of the court, including forfeiture or by payment of a fine to the traffic violations bureau of the court. (Ord. 5212 § 1 (Exh. E), 1999; 1957 code § 9.04.470(B).) Section 8. Amendment to City Code. That section 10.40.050 of the Auburn City Code be and the same hereby is amended to read as follows: 10.40.050 Violation – Notice. Each officer shall attach to the vehicle a notice to the owner or operator that the vehicle has been parking in violation of the provisions of this chapter, and instructing the owner or operator to report to the court of limited jurisdiction authorized to hear cases of the city in regard to such violation. (Ord. 5111 § 2, 1998; 1957 code § 9.26.030.) Section 9. Amendment to City Code. That section 10.40.060 of the Auburn City Code be and the same hereby is amended to read as follows: 10.40.060 Violation – Fines. Any person found to have committed a violation under this chapter shall pay a sum of $25.00 if so paid within 15 days from the date of issuance of such notice, or in the sum of $30.00 if so paid after the fifteenth day from the issuance of said notice, by paying the same directly with the court of limited jurisdiction authorized to hear cases of the city. It shall be a separate violation, subject to the DI.G Page 26 of 30 --------------------------------- Ordinance No. 6429 October 23, 2012 Page 6 of 9 fines and penalties provided herein, chargeable independently and successively, for each instance of overtime parking when the same vehicle is parked for consecutive periods longer than the parking time limit. The monetary penalty provided for by this section may be forfeited or a contested or mitigated hearing may be requested as authorized by law. (Ord. 5724 § 11, 2002; Ord. 5111 § 2, 1998; Ord. 4218 § 3, 1987; Ord. 3338 § 4, 1978; 1957 code § 9.26.030.) Section 10. Amendment to City Code. That section 15.06.040 of the Auburn City Code be and the same hereby is amended to read as follows: 15.06.040 Penalties and enforcement. A. Unless specifically directed or assigned otherwise, violations of or failures to comply with any of the codes adopted by this chapter shall be prosecutable in the court of limited jurisdiction authorized to hear cases of the city. Section 11. Amendment to City Code. That Chapter 10.08 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 10.08 TRAFFIC VIOLATIONS BUREAU1 Sections: 10.08.010 Creation. 10.08.020 Bail forfeitures. 10.08.030 Personal recognizance bond execution duties. 10.08.040 Post-trial procedures. 10.08.050 Driver education penalty remittances. 10.08.060 Limitations. 10.08.010 Creation. There is created and established within the city a traffic violations bureau to assist the court of limited jurisdiction authorized to hear cases of the city with the clerical work of traffic cases. The bureau shall be in charge of the finance director and shall be open at such hours and at such places as the mayor of the city, in consultation with the judge of the said court, may designate from time to time. The mayor of the city, after consultation with the judge, may appoint and designate one of the persons employed in the traffic violations bureau or a 1 For statutory provisions on the enforcement of traffic regulations, see Ch. 46.64 RCW; for provisions applying Ch. 46.64 RCW to code cities, see RCW 35A.46.010. DI.G Page 27 of 30 --------------------------------- Ordinance No. 6429 October 23, 2012 Page 7 of 9 contract service provider as chief traffic violations clerk. (Ord. 4538 § 1 (Exh. A), 1991; 1957 code § 9.03.010.) 10.08.020 Bail forfeitures. In traffic matters where a bail forfeiture is authorized by the revised bail schedule of the court of limited jurisdiction authorized to hear cases of the city, a form provided by said court will be prepared in triplicate by the clerk of the traffic violations bureau. The original will be stapled to the permanent violations bureau copy of the uniform traffic citation and complaint. The remaining two copies will be taken with payment of the bail and driver education penalty directly to the finance director of the city, where payment in full will be made. The finance director will thereupon complete the finance director’s items on the form, keep one copy for his files, and at least weekly will return the third copy of such form to the clerk of the traffic violations bureau. The clerk will staple such third copy to the permanent violations bureau copy of the uniform traffic citation and complaint and will file them in numerical sequence in the permanent files of the bureau. The clerk of the traffic violations bureau will complete the disposition of items on the reverse side of the remaining copies of the citations and will dispatch them at least weekly to the appropriate agencies. (Ord. 4538 § 1 (Exh. A), 1991; 1957 code § 9.03.020.) 10.08.030 Personal recognizance bond execution duties. In traffic matters where trial is requested or is mandatory, according to the reversed bail schedule, the clerk of the traffic violations bureau is authorized to allow violators to execute and complete a form of personal recognizance bond, as provided by the court of limited jurisdiction authorized to hear cases of the city. The clerk will thereupon send all copies of the traffic citation and complaint together with the executed personal recognizance bond to said court for docketing, trial and disposition. (Ord. 4538 § 1 (Exh. A), 1991; 1957 code § 9.03.030.) 10.08.040 Post-trial procedures. Following trial on the merits, if a finding of “not guilty” is made, a docket entry to this effect shall be made and the personnel of the court of limited jurisdiction authorized to hear cases of the city will complete all actions. If, after trial on the merits, a defendant is found guilty and a fine and driver education penalty is assessed, the clerk of said court will prepare a form in four copies keeping the original with the court. The remaining copies shall be given to the defendant immediately with instructions to take or send payment of his fine and penalty in full within a definitely stated period directly to the finance director of the city. Upon payment, the finance director will complete the finance director’s items on the form, keep one copy for his files, and at least weekly, will return the third copy of the form to the court of limited jurisdiction authorized to hear cases of the DI.G Page 28 of 30 --------------------------------- Ordinance No. 6429 October 23, 2012 Page 8 of 9 city where the remaining necessary actions will be completed. (Ord. 4538 § 1 (Exh. A), 1991; 1957 code § 9.02.040.) 10.08.050 Driver education penalty remittances. The finance director will make remittance of the state driver education penalty periodically, as required, directly to the state treasurer. (Ord. 4538 § 1 (Exh. A), 1991; 1957 code § 9.30.050.) 10.08.060 Limitations. The procedures set out in this chapter will not apply in the case of criminal matters not involving traffic violations. The court of limited jurisdiction authorized to hear cases of the city will process those cases. Likewise, in the case of persons charged and booked in the county jail and where bail is posted at the jail, present procedures will remain in effect. (Ord. 4538 § 1 (Exh. A), 1991; 1957 code § 9.03.060.) Section 10. Authorization of City Clerk. The City Clerk is also authorized, as Code Reviser of the Auburn City Code, to make such other corrections as would be warranted in connection with the purposes of this ordinance and identify those corrections to the Mayor and City Council . Section 13. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 14. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. DI.G Page 29 of 30 --------------------------------- Ordinance No. 6429 October 23, 2012 Page 9 of 9 Section 15. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ DI.G Page 30 of 30