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MRSC PUBLICATIONS › NEWS › Municipal Research News - December 1993
 

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Municipal Research News

Resources for Washington's Cities and Towns
December 1993

Articles

Welcome to City Hall

On November 2, 269 Washing-ton municipalities went to the polls to elect new city officials. Waitsburg, operating under a territorial charter will not elect new officials until April. The staff of the Center extends a hearty welcome to the new members of the municipal family.

Now that you have been elected, there are many issues to address and problems to solve. One of your greatest needs will be information and technical assistance. Two organizations, working cooperatively, stand ready to meet your needs: the Municipal Research & Services Center of Washington (MRSC) and the Association of Washington Cities (AWC).

MRSC is a nonprofit corporation, under contract with the Municipal Research Council, a state agency, to provide cities and towns with a technical, consul-tative, and field services program. The program is funded through the cities' share of the motor vehicle excise tax. AWC is also a nonprofit organization, funded primarily through service fees paid by the 270 member cities. AWC provides legislative services, workshops and conferences, and publications. It also gives technical assistance, principally in the areas of energy, transportation, and personnel.

AWC will be holding workshops around the state for the newly elected officials January 12th in Tacoma, January 13th in Lynnwood, January 28th in Yakima, and January 29th in Spokane. Contact Carol Hogan at AWC for additional information.

Among MRSC's services are an inquiry service, publishing services, and a library. A brief description of MRSC's program is being provided in this article. If you would like additional information please give us a call.

The Center prepares guidebooks on various topics for Washington municipalities. Popular titles include: Knowing the Territory: Basic Legal Guidelines for Municipal Officials; Handbook for Councilmembers; Local Ordinances: The Drafting, Compilation, Codifi-cation, and Revision of Ordinances; Revenue Guide; Bidding & Award Procedures; and Budget Sugges-tions, an annual publication containing information useful in the preparation of budgets. There is a handbook for code, third, and fourth class cities. Copies of MRSC publications are distributed to cities and towns upon publication. Check with the clerk's office for copies; if copies cannot be located, the Center has a limited number still available.

MRSC has eight staff consultants in the fields of municipal law, finance, planning, public works, and public policy available to provide assistance. Through the inquiry service, you may ask questions and seek other assistance on all aspects of municipal govern-ment. Inquiries can be phoned, faxed, mailed, or E-mailed to MRSC. The Center has a toll-free number, 1-800-933-MRSC. With the recent addition of voice mail, messages may be left up to five minutes in length if the person with whom you wish to speak is not immediately available. This is particularly useful after hours. A fax can be received 24 hours a day. Now you may send MRSC or other city officials a query via your computer if you are a subscriber to MRSC Online, our new electronic bulletin board services. Appointments may also be made with staff members for consultation at the Center.

The Center's library has a specialized collection of ordinances, municipal codes, studies, reports and otherdocuments from Washington municipalities, periodicals, and standard reference works related to municipal government. We have formed information partnerships with a number of cities to promote a resource sharing concept among cities and towns to enhance our services. Lists of new ordinances and acquisitions are posted on the bulletin board monthly. Library materials are used most often in conjunction with the inquiry service to municipal officials. However, the library is also open to any municipal official who wishes to visit. The library's card catalog may be accessed through MRSC Online.

Should you not be attending AWC's Newly Elected City Officials Workshops, we will provide you with an information packet on the Center's services, including a list of publications.

Knowing Your Roles - Resolving and Preventing Conflicts Between Mayors and Councils

by Robert R. Meinig, MRSC Legal Consultant

It is essential for effective local government that municipal officials, particularly mayors, councilmembers, and city managers, understand the roles of their respective offices and their interrelationships with others. Many of the conflicts in city and town governments, as evidenced by the inquiries MRSC receives, are the result of confusion as to these roles and the consequent overstepping of the boundaries between the respective roles. Although those boundaries may, in some cases, be unclear, there is a basic structure to city and town government, whether of the mayor-council or council-manager form, from which these roles derive.

Though the focus of this article is on the mayor-council form of government, the basic principles apply equally to the council-manager form. There may be some variation in the powers and duties of mayors and councils between classes of cities; you need to be aware of the specific rules applicable to your class of city.

Like the federal and state governments, a city government's powers are distributed among three separate branches: legislative, executive, and judicial. The council is analogous to the state legislature or the Congress; the mayor or manager, like the governor and the President, heads the executive branch; and the municipal court (or the district court by contract) exercises judicial functions, although in a much more limited way than the state or federal courts. Under the "separation of powers doctrine," each of the three branches exercises certain defined powers, free from unreasonable interference by the others; yet all three branches interact with each other as part of a "checks and balances" system. The powers of these branches in city government are defined for the most part by state statute.

The council, being legislative, has the power to enact laws and policies, consistent with state law, regulating local and municipal affairs, usually through the enactment of ordinances and resolutions. In general, the council's authority also includes the specific authority to:

  • Enact a city budget.
  • Define the powers, functions, and duties of city officers and employees.
  • Fix the compensation of officers and employees.
  • Establish the working conditions of officers and employees.
  • Maintain retirement and pension systems.
  • Impose fines and penalties for violation of city ordinances.
  • Enter into contracts.
  • Regulate the acquisition, sale, ownership, and other disposition of real property.
  • Provide governmental, recreational, educational, cultural, and social services.
  • Impose taxes, if not prohibited by state law.
  • Cause the city to own and operate utilities.
  • Approve claims against the city.
  • Grant franchises for the use of public ways.
  • License, for the purpose of revenue and regulation, most any type of business.

In addition, the council is authorized to enact rules governing its procedures, including for public meetings and hearings.

The mayor is the chief executive and administrative officer of the city in charge of carrying out the policies set by the council and of seeing that local laws are enforced. The mayor, or the manager in the council-manager city, is basically in charge of the day-to-day operation of the city, including the supervision of all appointive officers and employees in the performance of their official functions. The mayor is in charge of hiring and firing all appointive officers and employees, subject, where applicable, to laws regarding civil service. Except for those in towns (fourth class municipalities), councils have some authority to require confirmation of the appointment of certain officials; councils may not, however, require confirmation of firings by the mayor.

In general, the mayor also has the following authority to:

  • Enforce contracts.
  • Bring lawsuits, with council approval.
  • Preside over council meetings and, in some classes of cities, exercise some tie-breaking authority with respect to council votes and veto authority over ordinances.
  • Call special meetings of the council.
  • Prepare a proposed budget.
  • Report to the council on the financial and other affairs and needs of the city.
  • Perform as ceremonial head of the city.
  • Approve or disapprove all official bonds and contractor's bonds.

Consistent with the separation of powers doctrine, the council is not authorized to interfere with the mayor's administration of city government. Councilmembers may not give orders to department heads or to other city employees. In council-manager cities, this prohibition is established statutorily; the council must deal with the city manager concerning matters of city administration, except that it may deal directly with officers and employees under the manager's direction "for the purpose of inquiry." To do its job, the council needs information on how the city is operating. The mayor or the manager, either directly or through other cityofficers or employees, must provide that information and should do so in a timely and useful fashion.

Of course, things do not always run smoothly between the council and the city administration, and the line between policy and administration may in some situations be blurred and imprecise. One area that is a frequent source of conflict is personnel. The council may not like a mayor's appointment to a particular position or it may be dissatisfied with the performance of certain officers or employees. An employee may complain to, and seek relief from the council about some aspect of employment. On the other hand, the mayor may believe that certain personnel policies interfere with his or her supervision of employees and hiring and firing authority. The mayor may direct that all communications with city staff go through the mayor's office. The council, in response, may feel that the mayor is unlawfully restricting its access to city personnel for information purposes.

The remedy for some of these situations may be to review the respective roles of the mayor and the council and to understand the limitations of their respective authorities. For example, if the council is not happy with a mayoral appointment, there may be nothing the council can do directly within the bounds of its authority. However, if it has the authority to confirm a particular appointment, it can reject the appointee and force the mayor to choose another. If the council does not have confirmation authority, it can express its dissatisfaction to the mayor, but it can do nothing else with respect to that particular appointment. The council may, however, provide for a detailed personnel system establishing specific qualifications for positions, creating affirmative action policies, requiring publication and public posting of job opening announcements, and the like. Moreover, the mayor, at least in code cities, is required by statute to make appointments "on the basis of ability and training or experience."

Similarly, if the council feels that an officer or employee is performing poorly and should be disciplined or fired, it can say so to the mayor, but it has no power to do anything else. Although it controls the salaries paid to city officers and employees, it may not lower a salary so as to cause and with the purpose of causing the person holding that position to quit. A rule to follow is that the council (and the mayor) may not do indirectly what it cannot do directly.

On the issue of communication between the council and city officers and employees, the mayor may not prevent councilmembers from gaining information although he or she could reasonably regulate the inquiry process. If councilmember inquiries of city employees serve to harass those employees or unreasonably take them away from their duties, it may be necessary for the mayor to require those inquiries to be channeled through the mayor's or a department head's office, if that can be done without unduly encumbering council access to information.

Another area that often proves to be fertile ground for germinating conflicts and that may elude easy resolution is that of finances and budgets. For example, the mayor may not take full advantage of the budget authorized by the council. The council may authorize a certain position at a certain salary, and the mayor may decide either not to fill the position or may do so at half time and half salary. The mayor may cite financial exigen cies, such as revenues falling short of projections, and may conclude that the city cannot afford someone filling this position full-time. The council, on the other hand, may not agree that the conditions warrant such action or may determine that a different cost-saving measure is appropriate and should be instituted.

Resolution of this type of issue may prove particularly tricky. Although the mayor may not pay an employee less than that authorized by the council in the budget or in a separate salary ordinance, the mayor, under certain financial circumstances, may be able to partially fill a position, proportionately reducing the salary for the position. Legal authority, however, is hazy on such issues. The best strategy would be for the mayor and the council to work out a mutually agreeable accommodation.

There are other issues that will likely arise (and that have arisen in other cities) where it is not clear whether the mayor (or the manager) has the authority to act or whether the council does. In these situations, the council and the city administration could draw their respective battle swords and charge; or, one or both sides could first analyze the issue, perhaps seeking counsel of the city attorney or of the consultants at MRSC.

Understanding roles is a necessary step in resolving many such conflicts. However, when the roles are not clearly defined in a particular situation, compromise may be in order. Statutes and case law may not provide a ready answer. All sides need flexibility to meet the challenges of a functioning and dynamic city government. If the focus is on providing good government rather than on turf wars, councilmembers, mayors, and man agers can better fulfill their roles as public servants.

For Further Reading

"The Authority of the Legislative Body to Regulate Administration of City Business [code cities]," by Susan Rae Sampson, in Legal Notes, Information Bulletin No 467, Municipal Research and Services Center, December 1990.

"Council Duties and Responsibilities," in City of Pullman Council Handbook, December 1985.

Handbook for Councilmembers, Information Bulletin No. 472, Municipal Research & Services Center, January 1992.

Handbook for Councilmembers in Council-Manager Cities. 4th Ed. National Civic League Press, 1989.

Knowing the Territory - Basic Legal Guidelines for Washington Municipal Officials, Information Bulletin No. 480, Municipal Research & Services Center, September 1992.

Initiative 601 Passed - Now What?

By Judith Cox, MRSC Finance Consultant

Nervous budget preparers got some good news when they awoke on November 3. Initiative 602, which was expected to have a major impact on local government finances in 1994, failed by a margin of 56 percent to 44 percent. The fate of Initiative 601 was much less certain. Although the vote will not be certified until December 2, unofficially it passed by a margin of 1.2 percent.

What Happens Now?

Although Initiative 602 would probably have had an impact on local government almost immediately, Initiative 601 will have an impact on local government between now and July 1, 1995 only if there is a revenue shortfall.

The key feature of Initiative 601 is the expenditure limit which will be set each year by a formula that is a function of population growth and inflation in the prior three years. The good news is that this limit does not go into effect until July 1, 1995. However, no tax increases or new taxes may be imposed between the effective date of the initiative (probably December 2, 1993) and July 1, 1995 without a vote of the people, which is expected to be a struggle in these times. Therefore, if revenue growth during the current biennium is less than expected at the time the budget was passed, the legislature will have to make cuts, and the effect of those cuts would almost certainly be shared by local government. The legislature might choose to reduce expenditures in state-funded programs such as the Centennial Clean Water Act, General Assistance for the Unemployable, and the Public Works Trust Fund. Or the legislature might vote to distribute less state-sharedrevenue, with criminal justice funding being the most likely candidate, so that it has more revenue to spend on state programs.

How likely is it that a revenue shortfall will occur? We don't know the odds. But in September, the Economic Revenue and Forecast Council did lower its revenue forecast by a small amount, citing the continuing weak Economic recovery nationally and the anticipated acceleration of Boeing layoffs. We do know that the legislature cannot respond by raising taxes as it has in the past.

What Will Be the Effect After July 1, 1995?

Whether Initiative 601 has an impact on local government after July 1, 1995 depends on two factors. The first is the expenditure limit. If it is not high enough to allow the legislature to fund state programs at the level the legislature desires and continue to support programs that directly benefit local government, funding for some of those programs might be cut. But even if the expenditure limit is high enough, the general fund revenues generated by the current structure of taxes and fees may not be high enough to support that level of expenditure. The initiative does allow the legislature to increase taxes or appropriate money from the emergency reserve fund with a two-thirds majority vote after July 1, 1995. But that kind of vote is very hard to get. The legislature might have to respond to a revenue shortfall in the manner described above.

Legal Issues

Two legal challenges to Initiative 601 may be made in the near future. First, some attorneys feel that requiring a two-thirds vote to increase or levy new taxes is unconstitutional. The constitution specifies that bills (with some exceptions) shall be passed by a simple majority of the members in each house. (Changes in taxes are not one of the exceptions.) Others counter that the requirement of a majority is simply a minimum requirement, and that there is no reason an initiative cannot set a higher requirement. SEcond, the fact that the initiative limits the legislature's power of taxation raises another issue. Some attorneys believe that the power of taxation can be restricted only by a constitutional amendment.

These are preliminary thoughts on the projected impacts of Initiative 601 on local government. Stay tuned for more information.

Amended Bidding Procedures

by Roy Peterson, MRSC Public Works Consultant

Substitute Senate Bill No. 5048 enacted by the 1993 Legislature and effective July 25, 1993 amended the municipal bidding procedures in the following categories:

  1. Amended the small works roster process, and

  2. Amended the advertising period, and

  3. Amended the purchasing of supplies, materials, equipment, and services, other than professional services, for sEcond, third, and fourth class cities and code cities with populations less than 20,000.

Small Works Roster Process

The following corrections and/or additions should be made to your municipal small works roster procedure:

  • All cities that presently maintain a small works roster must publish a notice of the existence of the roster at least twice per year in a newspaper of general circulation. Additionally the cities must post a list of contractsawarded through their small works process at least once every two months. The list shall contain the name of the contractor, a brief description of the work performed, and the date the contract was awarded. The list shall also state the location where the bid quotations are available for public inspection.

  • The contract must be awarded only to the contractor submitting the lowest responsible bid.

  • All cities, must, whenever possible, solicit proposals from at least five qualified contractors on their small works roster, and, whenever possible, must include a qualified minority or woman contractor in the group contacted. Once a contractor has been afforded the opportunity to submit a proposal, that contractor shall not be offered another opportunity until all other appropriate contractors on the roster have been afforded the opportunity to submit a proposal on a project.

Advertising

  • When a contract is to be awarded by competitive bidding a notice must be published in the official newspaper, or newspaper of general circulation most likely to bring responsive bids, at least 13 days prior to the date upon which bids will be received, which is usually the date set for opening of bids. The provision for posting in a public place in the city has been deleted, as has the prior requirement to advertise once each week for two consecutive weeks with the first publication being at least 15 days before the date set for opening of bids.

  • The notice should state the title of the project; the work to be done, the date and time set for the opening of bids; the location where plans and specifications are available for public inspection; the cost to obtain a set of plans and specifications; and the requirements for the accompanying bid bond.

  • If it is determined that the public work shall be constructed by methods other than by contract or by use of a small works roster, and the cost is estimated to exceed fifteen thousand dollars ($15,000), the city or town must publish a description of the project, with cost estimate, at least once in a legal newspaper of general circulation published as near as possible to the site of the work, at least 15 days before the beginning of the work.

Purchasing of Supplies, Equipment and Services Other Than Professional Services

  • No amendments were made by Substitute Senate Bill No. 5048 enacted by the 1993 Legislature and effective July 25, 1993 that would effect the current practices of first class cities or code cities with population exceeding 20,000 with regard to the purchases of supplies, equipment, or services other than professional services.

  • Since no statute limitations exist for first class cities or code cites with populations above 20,000, competitive bids are not required for the purchase of supplies, material, equipment, or services unless the municipalities have their own regulation by ordinance or charter.

  • SEcond, third, and fourth class cities, and code cities with populations less than 20,000 must follow the existing guidelines of RCW 35.23.352 (6), (7), and (8), as amended.

    The amended statutes provide the following steps:

    Up to $7,500—No formal bidding required.

    $7,500 to $15,000—Advertisement for formal sealed bids or use of a vendor list.

    Above $15,000—Advertisement for formal sealed bids is required.

A vendor list may be used in lieu of advertising for formal sealed bids if the city has authorized by resolution the use of a uniform procedure as provided in RCW 39.04.190. This statute prescribes that the city must pub lish twice per year the existence of the vendor list. Whenever possible, at least three vendors from this list must be requested to submit sealed bids, and the contract must be awarded to the lowest responsible bidder. Immediately after the award is made, the accepted bid shall be open to public inspection and shall be available by telephone inquiry.

Cities in Seven Counties Will Soon Receive the Criminal Justice Tax

Seven additional counties are joining King, Snohomish, Spokane, Thurston, and Yakima in levying the 0.1 percent sales tax for criminal justice purposes. Until the legislature amended the Criminal Justice Act this year (Chapter 21, 1st special session), only a few counties had authority to levy this tax. Now every county can. The tax will be levied in Grays Harbor and Kitsap counties beginning October 1, 1993, followed by Island and Jefferson on November 1. The tax will become effective in Pierce and Lewis counties on December 1, and Okanogan County on January 1, 1994.

The county commissioners must take the lead and pass an ordinance approving the levy of this tax. The ordinance is subject to repeal by the voters through the referendum process. Funds will begin to be received two months after the effective date of the tax. The state treasurer will distribute ten percent of the proceeds to the county, with the remainder being distributed to cities and the county in proportion to their population. As with all other criminal justice revenues, the sales tax proceeds cannot supplant other revenues. They must be spent for criminal justice purposes that are in addition to criminal justice expenditures in 1989.

Purchases Made at Auctions

RCW 30.30.045 was amended by Substitute Senate Bill 5048 to permit any city or town to purchase supplies, equipment, or materials at both government or private auctions without being subject to public bidding requirements if the items can be obtained at a competitive price (Sec. 4, Ch. 198, Laws of 1993).

Ask MRSC

This column contains summaries of recent inquiries answered by MRSC consultants.

Agricultural Lands - Does the Growth Management Act (GMA) discourage agricultural land designation within urban areas?

RCW 36.70A.060(4) states that "agricultural land located within urban growth areas (UGAs) shall not be designated by a county or city as ... agricultural land of long-term commercial significance ... unless the city has enacted a program authorizing transfer or purchase of development rights (TDR or PDR)." The purpose of this provision is apparently to hold urban growth area land for urban needs rather than resource production and to avoid spread out patterns that are expensive to serve.

There might be several ways that agricultural lands within UGAs might be consistent with GMA direction: (1) the agricultural land is permanently protected as a part of the city's open space system with such programs as TDR or PDR, or (2) the land is held temporarily in low intensive uses such as agriculture until facilities and services are available and the land is needed for urban uses.

Americans with Disabilities Act (ADA) - Does resurfacing of a street trigger a duty under the ADA to install curb ramps for access by disabled individuals?

According to a recent decision by a U.S. District Court in Pennsylvania, the resurfacing of city streets is considered an alteration of public facilities that gives rise to an ADA obligation of the city to install curb ramps and slopes for access by disabled individuals. This case has been ap-pealed to the federal court of appeals. Although this decision is not binding in Washington State, it does indicate an interpretation of the ADA that could be adopted by federal courts having juris-diction here or by the U.S. Supreme Court, should the issue ever get that far.

Bids - The city just opened bids on a project, and they were all higher than the city can afford - can the city call up the lowest bidder and negotiate a lower price for a slightly scaled-back project?

No. The city must either accept the lowest, responsible bid, or reject all bids. In this situation, it seems that the city should reject all bids, then call for new bids on a revised project.

Decriminalization of Offenses - May a city define a statutorily-established crime as a civil infraction?

No. State law specifically provides that "no act that is a state crime may be made a civil viola-tion." In addition, the punishment for violation of any criminal ordinance must be the same as the punishment provided by state law for the same crime.

Health Care Facilities - What is the new state law which prohibits interference with access to health care and abortion facilities?

Chapter 9A.50 RCW imposes criminal and civil sanctions for certain activities that interfere with access to a health care facility or that disrupt the normal functioning of the facility. Prohibited activities include reckless interference or disruption by: (1) physically obstructing or impeding access; (2) making noise that unreasonably disturbs; (3) trespassing; (4) telephoning the facility repeatedly; or (5) threatening injury to persons or property. An exception from these prohibitions is provided for "lawful picketing or other publicity for the purpose of providing the public with information."

Hotel/Motel Tax - May hotel/motel tax be used for a public restroom?

Yes, in cities under 5,000 population if the restrooms will be available to and intended for use by tourists. This is a change from the previous law. It was added to the list of allowable uses for hotel/motel tax revenues by Ch. 197, Laws of 1993 and was effective July 25, 1993.

Management of Investments - Can a city or town give a third party a "power of attorney" over part of their investment portfolio?

No, says the state auditors office. An investment firm was proposing that a city give it control over the portion of the city's portfolio that was not needed on a short-term basis. The firm would make trades without conferring with the city and send it monthly reports. The auditor says even though all of the investments are going to be made in authorized investments as listed in Ch. 39.59 RCW, the investments must be made by city officials (RCW 39.59.032).

Ordinance Codification - Are cities required to codify their ordinances?

There is no requirement that cities codify their ordinances. However, many cities have decided that codification is worth the cost, because a properly updated code makes it easier for city officials, employees and the public to find the local laws. See MRSC's publication Local Ordinances - The Drafting, Compilation, Codification and Revision of Ordinances, MRSC Report No. 15, June 1987, for more information.

Police Civil Service - Must all employees of the police department be members of the civil service system?

Yes. If a city or town police department is subject to civil service, then all full-time employees of the police department, including clerical and support staff, must be in the civil service system. This was the conclusion in the recent case of Teamsters Food Processing Employees, Public Employees, Warehousemen and Helpers, Local Union No. 760 v. Moses Lake, 70 Wn. App. 404 (1993).

Retainage - Should sales tax be included in the calculation of retainage for a public works project?

Yes. Sales tax is part of the overall contract amount, and should therefore be included in the payment amount when calculating the retainage.

Safety Regulations - Do the OSHA safety regulations apply to a small city?

The federal Occupational Safety and Health Act (OSHA) regulations are made applicable to cities via the state regulations in the Washington Industrial Safety and Health Act (WISHA). The statutory provisions governing WISHA are in Ch. 49.17 RCW.

The definition of employer for purposes of WISHA is in RCW 49.17.020(3). This provides that the term "employer" includes cities and all political subdivisions of the state which employ one or more employees. Therefore, all cities and towns are covered.

Selection of Engineering Firms - May the city ask for the hourly rate for engineering firms in their announcement for a job?

No. The city must request statements of qualifications from engineering firms pursuant to Ch. 39.80 RCW. However, the city may not consider price or cost in determining which firm is the most highly qualified. Price and cost may be considered only after the most qualified firm has been selected, at which time negotiations may take place over price. Therefore, asking for the hourly rate before the most qualified firm has been selected is not allowed.

Urban Growth Areas (UGAs) - What can a city do if it disagrees with the county's urban growth area designation?

RCW 36.70A.110 makes counties responsible for designating UGAs. However, counties are to consult with cities and attempt to reach agreement. If they do not reach agreement, they are to justify in writing the rationale for their decision. Cities can appeal to the state department of community development. An amendment to this section adopted this year allows cities to appeal the interim UGA designation to the appropriate growth planning hearings board. They must do so within 60 days of the county's published notice of its designation. This section also defines the type of areas which should be included in an UGA.

Utility Bills - How far back can a city go in correcting for underbilling a utility customer?

Three years. That is the statute of limitations for contracts that are not in writing (RCW 4.16.080(3)). Not only can the city go back that far, it must. Otherwise the amount owing would become an unconstitutional gift of funds. If the customer cannot pay the amount owed in a lump sum, an installment plan (with the going rate of interest charged) could be set up.

Utility Bills - Is a utility payment or other payment due to a city timely if it is postmarked on the date it is due?

Yes. RCW 1.12.070 provides that any such payment shall be deemed "filed and received" by the city on the date shown by the "post office cancellation mark" stamped on the envelope.

Water Pressure - What is the minimum allowable water pressure?

In the September issue of Municipal Research News, we referenced the provisions of WAC 246-290-420(4) indicating that the minimum allowable water pressure at the customer's service meter must be no less than 20 pounds per square inch (psi) under MID conditions. However, one of our readers (Dave Ford, Public Works Director of Anacortes) correctly pointed out that WAC 246-290-230, which applies to new water distribution system construction, provides in part:

(4)New public water systems shall provide a design quantity of water at a minimum pressure of 30 psi during MID conditions, and

(5)Provide a fire flow at a minimum pressure of 20 psi during MID conditions.

This is a more restrictive requirement than WAC 246-290-420(4) which requires a minimum of 20 psi under MID conditions, excluding fire flow.

Therefore, existing water systems must provide a minimum water pressure of 20 psi at the customer's service meter, or property line under MID conditions per WAC 246-290-420(4); while all new water systems must be designed to provide a minimum water pressure of 30 psi at the service meter or property line per WAC 246-290-230.

MID refers to "maximum instantaneous demand," which means the maximum rate of water use, excluding fire flow, experienced or expected within a defined service area at any instant in time.

1-800-933-MRSC!

MRSC Online News

As of December, 200 city and town officials have become subscribers to MRSC Online, an electronic bulletin board for municipal officials. They are searching databases, reading bulletins posted by MRSC, sending messages to one another, and requesting materials from the MRSC library.

Invitation To New City Officials—A special invitation is being extended to new city officials to subscribe to MRSC Online. With your personal password, you may access MRSC Online from 5:00 a.m. to midnight, seven days a week, using a computer at work or at home. MRSC Online can be an easy way for you to keep in touch with city officials in other cities. The annual subscription fee to MRSC Online is $15. If you would like an application mailed to you, please call Korki Hale at MRSC (827-4334 or 800-933-6772).

Equipment and Communications Software— To use the system you need a computer (IBM-compatible or Macintosh), a modem (up to and including 14,400 bps in speed), the communications software provided by MRSC, and access to a single-line telephone jack. If your telephone jack can only handle a multi-line telephone, your telephone company can enable your existing jack to switch between your multi-line telephone and the single line required for the modem.

The communications software provided by MRSC allows use of the function keys when searching the databases. You can also use any other communications programs that you can set to "doorway" mode (Procomm does not have this capability). Unfortunately, the software provided by MRSC cannot access a network modem that is not directly connected to your computer.

User's Guide Updates—MRSC provides a user's guide with your subscription to MRSC Online. Periodically, MRSC will post files that can be downloaded from the bulletin board containing addendums to the user's guide. Currently, we have posted three such files of instructions: printing or saving to a file when searching the databases, uploading a previously prepared message into the BBS message editor, and attaching a file to a message. These files are located in file area one (MRSC Online Files). See your user's guide for step-by-step instructions on downloading a file.

Upcoming Developments—Now that some of the dust has settled from the initial startup of MRSC Online, we are in the process of tailoring the standard bulletin board menu system to the needs of MRSC Online users. The opening menu will now have fewer than 10 options rather than the current 30; other options will be available on submenus. We are also consolidating and renaming some of the commands so that they will be easier for you to use.

In the future, look for additional databases including census data on CD ROM, and an "Ask MRSC" database containing frequently-asked questions. This database, which you will be able to search by keyword, will contain the newly published Ask MRSC - Answers to Frequently Asked Questions about Local Government; we will add new questions regularly from the newsletter column of the same name.

Our next major project will be to start loading the text of ordinances and other documents into the file section of the BBS for you to download. Our plans include grouping together ordinances on the same topic into compressed files that will transmit more quickly over the telephone lines. This is a labor-intensive undertaking which will take us several months to initiate.

We hope that all of you will take advantage of the opportunity to consult with your colleagues in cities around the state through the message section of MRSC Online. You may be able to save yourself some time by tapping into the experience and expertise of other city officials. The more people who participate in sending and receiving messages, the more valuable this feature of the bulletin board will become.

We welcome your comments and suggestions about MRSC Online. Please leave us a message online by choosing C from the main menu, or by calling Fred Ward at MRSC, 1-800-933-6772.

Government Services Television Network (GSTN)

MRSC has added the GSTN monthly videotape training program to the resources available in its library. The tapes are produced by a partnership of the International City/County Management Association, National League of Cities, Public Technology, and the National Association of Counties. Each tape is about 1.5 hours and contains four programs plus GSTN News, a short story feature: Leadership Spotlight - Designed for top elected and appointed officials. Topics include community relations, goal setting, media relations, crisis man agement, consensus building and innovative programs from around the country. GSTN Journal provides updates on legislation, court decisions, professional conferences and other issues. Money Watch discusses new revenue sources, cost-cutting tips, and the latest on finance and accounting changes. Human Factor provides training for local government employees. Topics feature customer service, supervisory practices, diversity, ethics, and team building.

The September tape discussed ADA, volunteerism, and unfunded federal mandates. October featured workingwith the media, a segment on supervisory management and understanding "misbehavior." Money Watch looked at cost effectiveness. November reviews the recent ICMA conference in Nashville; and contains a segment on rightsizing, part two of understanding "misbehavior," and a discussion of the impact of the 1992 Cable Act.

From the Library...

Growth Management Update - Comprehensive Plans

  • Bainbridge Island draft comprehensive plan: capital facilities, housing, land use transportation, utilities, and water resources elements prepared by the Comprehensive Plan Advisory Committee. 6 vol. [PL 6.4000 B29 1993].

  • Bellevue comprehensive plan [1993 draft] : Planning Commission preliminary recommendation. [PL 6.4000 B44 1993d].

  • Bothell, Draft environmental impact statement for the comprehensive plan update, [EN 3.3000/PL6.4000 B67 D75].

  • Bothell proposed comprehensive plan. [PL 6.4000 B67 C55 1993].

  • Clark County Community framework plan. [PL 8.6230 C52 C66 1993].

  • Dayton draft zoning ordinance. [PL 8.7000 D34 C55 1993**].

  • Des Moines comprehensive plan: transportation element. [PL 6.4000 D44 T75 1993].

  • Eatonville, Comprehensive plan, draft environmental impact statement; Kask Consulting. [EN 6.4000 E24 1993].

  • Edmonds Park, recreation and open space plan: draft plan. [P 3.2000 E3 P35 1993].

  • LaConner comprehensive plan, draft [PL 6.4000 L33 1993]

  • Pierce County countywide policies - tiers concept by Pierce County Regional Council; Puget Sound Regional Council. [PL 8.6240 P555 1993].

  • Pierce County, Draft comprehensive plan. [PL 6.4000 P5 D755 1993].

  • Port Angeles, Draft comprehensive plan (goals and policies). [PL 6.4000 P54 D75 1993].

  • Port Angeles, Final environmental impact statement for the comprehensive plan. [EN 3.3000/PL6.4000 P54 F55].

  • Redmond, Community service standards, Bear Creek community planning area, prepared for city of Redmond Planning Department; CH2M Hill. [PL 8.6225 R42 C65 1992].

  • Richland Parks & recreation comprehensive plan. [P 3.2000 R5 P35 1993].

  • San Juan Island Park and Recreation District comprehensive park and recreation plan 1993-1997, prepared by Cheyne and Associates (Seattle). [P 3.2000 S32 1993].

  • Tumwater utilities plan: draft: an element of the Tumwater comprehensive plan. [PL 6.2000 T83 T85 1993].

  • Wenatchee urban area comprehensive plan. [PL 6.4000 W44 W45 1993].

  • Winthrop comprehensive plan, adopted December 9, 1992. Prepared with the assistance of Highlands Associates, Circuit Rider Planners. [PL 6.4000 W58 T65 1992].

Other

  • Assuring your community's well-being: a parks, recreation and open space planning guide by Susan C. Enger; State of Washington Department of Community Development, Growth Management Division. [P 3.2000 A855 1993].

  • Housing your community: a housing element guide by Pacific Development Concepts; State of Washington Department of Community Development, Growth Management Division. [HO 7.1000 H658 1993].

  • Public land use planning guidelines, prepared for Nevada Association of Counties by Resource Concepts, Inc. 1st ed. [PL 6.4000 P855 1993].

New Ordinances Received by MRSC

The Center's library prepares a monthly list of recently enacted ordinances received from cities and towns which is also posted on MRSC Online. If you would like a copy of these ordinances call the MRSC Library at (206) 827-4334.

Boarded-up Buildings—Spokane Ordinance No. C-30901 establishes a time limit for buildings to remain boarded. Passed 7-93. (C 5.0000)

Combined Utilities—Tumwater Ordinance No. 1393 provides for the combination of its water, sewer, and stormwater utilities. Passed 7-93. (U 1.1000)

Design Review Standards—Issaquah Ordinance No. 1983 amends city's design review standards following Anderson v. Issaquah decision upholding authority to regulate design and aesthetics; provides for adoption of certain photographs and color samples indicating samples of appropriate design criteria. Passed 6-93. (PL 10.4000)

Grave Decorations - Maintenance Permit System—Poulsbo Ordinance No. 93-24 Regulates grave decorations and maintenance of same; provides for a permit application for maintenance and decoration of grave sites by family members. Passed 9-93. (CE 1.2000)

Historic Preservation—Toppenish Ordinance No. 93-22 establishes a certified local government (CLG) historic preservation program. Passed 7-93. (PL 10.3000)

Impact Fees—Anacortes Ordinance No. 2277 establishes a development impact fee service area; imposes impact fees to finance part of the costs of improvements to serve new development; provides for the disposition of the fees; establishes an appeals process; repeals Ordinance No. 2165 and Resolution No. 1055. Passed 6-93. Ordinance No. 2295 amends Ordinance No. 2277 by providing a schedule of impact fees as Exhibit A; makes financial provision for fire facilities. Passed 9-93. (PL 2.1420)

Junk Vehicles - Residential Zones—Des Moines Ordinance No. 1057 prohibits storage of junk vehicles in residential areas; provides penalties for same. Passed 9-93. (PS 9.1080)

Naming of Public Parks—Walla Walla Ordinance No. 93-A-26 provides criteria and procedure fornaming public parks and recreation facilities. Passed 8-93. (PP 3.0000)

Noise - Permits—Cashmere Ordinance No. 812 amends Ordinance No. 541; provides for a permit for adult persons, organizations or entities who engage in any noise making activity, including ceremonial rifle or weapon firing, making of artificial noise in connection with an event or activity. Passed 9-93. (EN 7.3400)

Parking Infractions—Cheney Ordinance P-87 adds a new subsection of the municipal code entitled disposition of parking infractions. Passed 9-93. (T 1.6000)

Police Advisory Board—Mill Creek Ordinance No. 93-307 creates a police advisory board, provides for membership and duties. Passed 9-93. (PS 6.1500)

Sound Transmission - Building Performance Standards - Air Traffic—SeaTac Ordinance 93-1024 creates minimum requirements for sound transmission control in design, construction, and/or setting on site of buildings for human occupancy in the vicinity of Seattle-Tacoma International Airport . Passed 5-93. Des Moines Ordi nance No. 1055 relates to sound transmis sion requirements for roofs. Passed 10-93. (C 5.9500)

Utility Poles - Attachment of Objects—Lynnwood Ordinance No. 1964 prohibits attachment of advertising signs, posters, vending machines, or any similar object which presents a hazard to electrical workers. Passed 9-93. (UE 3.4000)

Resource Sharing

The Washington Cities' Information Partnership

The materials listed below are some of the recent additions provided by Washington municipalities. Please contact MRSC's library if you would like a copy of items listed.

Our special thanks go to cities participating in the Information Partnership Program. Our "Information Partners" have recently assisted us by providing copies of administrative policies and procedures manuals, personnel policies, water/sewer latecomer agreements, six year transportation plans, and sample contracts using hotel/motel tax.

We also extend our thanks to persons who have responded to our requests for updated fire and police contracts. All the contracts received through the partnership program and individual requests are being indexed. The index will soon appear on the electronic bulletin board in a searchable infobase.

If your city or town has a publication, new service, or procedure that can be shared with others, please sendthe information to MRSC so it can be shared with your colleagues.

From Anacortes—City of Anacortes personnel policies and procedures, 1992. [PE 6.0500 A5 A35].

From Bainbridge Island—City of Bainbridge Island policy and procedure manual, 1993. [G 4.1100 B29 1993].

From Bellingham—Comprehensive housing affordability strategy, 1994. [HO 4.4000 B45 C65 1994].

From Clark County—Clark County 1993 programs: Clark County budget blueprint 94, 1993. [F 3.0000 C52 C55 1993].

From Federal Way—City of Federal Way rules of procedures, 1992-1993. [G 4.2000 F4 C55 1992-93]; Personnel policies & procedures, [1991?]. [PE 6.0500 F4 P45].

From Mill Creek— Development code, city of Mill Creek: chapters 15-18 of the Mill Creek Municipal Code [PL 8.7000 M52 D45]; Policy and procedures: general [G 4.1100 M52 P65]; payroll, personnel, purchasing [PE 6.0500 M53 P65]; public safety [PS 5.1300 M52 P65].

From North Bend—North Bend human services task force needs assessment, Feb 1993. [H 6.1000 N66 N65 1993**].

From Palouse—Police department procedures manual, City of Palouse, Mar 1993. [PS 6.1300 P34 P65 1993].

From Port Angeles—City of Port Angeles Fire Department manual of policy and procedures, Feb 1993. [PS 3.1000 P54 C55 1993]; Employee handbook, city of Port Angeles, Nov 1992. [PE 3.1000 P54 E45 1992].

From Puyallup—Purchasing policies and procedures [Puyallup], Nov 1992. [F 8.1000 P88 P85 1992].

From Soap Lake—City of Soap Lake personnel manual, Jan 1993. [PE 6.0500 S64 P45 1993 c.1**].

From Winthrop—Winthrop Marshal's Office policy and procedures. [PS 6.1300 W58 W55].

From Woodway—Personnel policies and procedures manual, town of Woodway, Aug 1993. [PE 6.0500 W63 P45 1993].