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MRSC PUBLICATIONS › NEWS › Municipal Research News - June 1995
 

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Municipal Research News

Resources for Washington’s Cities and Towns
June 1995

Articles

MRSC is Moving

M unicipal Research & Services Center will relocate from its present location in Kirkland to the IBM building in downtown Seattle at the end of July 1995, when our current lease expires. We have been located at the Kirkland office for the past seven years.

MRSC conducted an extensive search process, assessing numerous buildings on both sides of Lake Washington. Downtown Seattle offered significant rent bargains compared with locations on the east side of Lake Washington. Seattle vacancy rates meant those building owners were willing to offer excellent rental rates. In contrast, there has been huge growth in the software industry on the east side of Lake Washington and little construction of new office space. Consequently, east side rents have increased substantially.

MRSC will be able to expand our quarters without an increase in our rent budget. A smaller share of our budget will go to rent, allowing us to more effectively use city resources to provide services. We will have significantly more room for our library, which has been operating in cramped and inadequate space. Library resources will be more accessible for both staff and visitors.

We expect a Seattle location to offer other advantages. MRSC staff will have closer access to a number of research and library facilities in the downtown Seattle area, such as the King County Law Library and the Seattle Public Library. The informational resources available to MRSC will also increase because of proximity to other specialized libraries, such as the library of the Federal Environmental Protection Agency and the Puget Sound Regional Council Library.

MRSC's goal is to relocate with minimum disruption of service to our customers. The actual physical move to the new building will primarily occur over the weekend of July 29-30. Our intent is that service will be disrupted for no more than half a day. Our phones, computers, and fax lines will probably be disconnected at noon on Friday, July 28, to insure that equipment can be operational on Monday morning, July 31. It is possible that we will be out of service all day Friday, July 28. Please plan your telephone inquiries accordingly. If all goes as planned, we will be ready for business as usual on Monday morning, July 31!

Our new address and access numbers:

1200 Fifth Avenue, Suite 1300
Seattle, WA 98101-1159
Telephone Number (206) 625-1300
Fax Number (206) 625-1220
Modem Line for BBS (206) 625-1065
Toll-Free Number 1-800-933-6772

Please note that the toll-free 800 number will remain the same at our new location.

The inset map on page 11 shows the location of the IBM Building along with nearby parking facilities that have visitor parking.

One way cities and towns can help us to "feel at home" in our new office is by helping us with the interior decor. We intend to decorate our office with pictures, art work and/or scenes depicting cities and towns in Washington State. If you have anything appropriate that you would like to donate or sell, please let us know so we can consider it for display in our new office location.

It is our intention that the move will occur with a minimum of disruption in our services, and enable us to provide even better service to cities and towns in the state. We extend an invitation to all city and town officials and staff to visit us in our new office location anytime after August 1, 1995! We would be delighted to show you around our new quarters!

Initiative 164 Alert

As you probably know, the state legislature in April passed Initiative 164, an "initiative to the legislature," self-titled the "Private Property Regulatory Fairness Act." This measure is designed to limit state and local government control over the use of private property. It will become law on July 22, unless, by that date, a referendum petition with the required number of signatures is filed in the Secretary of State's office. If a sufficient referendum petition is filed by that date, the initiative measure goes to the voters for approval or disapproval at the November 7 general election. If the initiative measure is approved at the polls, it will then become law on December 7, 30 days after the general election.

There is no question that Initiative 164 will have a significant impact on how cities and towns operate in the areas of land use control and environmental regulation. Unfortunately, due to the vague and ill-defined wording of the initiative, there is significant disagreement and confusion as to what that impact will be.

The Association of Washington Cities (AWC), with the participation of MRSC and various city and town officials, is convening an "Initiative 164 Work Group." The goals of this group will be to provide information to cities and towns on the possible impacts of the initiative, and to suggest ways in which it can be implemented, should it become law. Additionally, AWC has established an "Initiative 164 Hotline" that city and town officials may call for information on the initiative. The hotline's number is 1-800-562-8961.

MRSC consultants are available to talk with you concerning this initiative measure. However, because of the extreme uncertainty as to the breadth of the measure, it is difficult for us to provide definitive guidance at this time.

Public Access to Electronic Information

ESSSB 6426, enacted by the 1994 Legislature, established the Public Information Access Policy Task Force to identify ". . . specific means of encouraging and establishing widespread, public, electronic access to public records held by state government and local governments" including an implementation strategy, deadlines for implementation and findings as to costs. In the 1995 Legislature, SB 5483 was introduced to guarantee "broad public access to government information in electronic format." Although the bill died in committee, you ought to be aware of possible implications for local governments of the Task Force's recommendations, and of possible future legislation.

The Task Force, chaired by Sam Hunt, Special Assistant to the Director of the State Department of Information Services, and Nancy Zussy, State Librarian, met for the first time on July 28, 1994, and is scheduled to complete its work in December 1995. Other members represent the schools, universities, state agencies, libraries, counties, cities, courts, the press, the public, and the legislature. In December 1994, the Task Force put together a set of 11 initial recommendations. Final recommendations are due in December 1995.

The initial recommendations encourage government agencies to provide to the public in electronic format information that is created or maintained in electronic format. Local government agencies are encouraged to meet the implementation time lines established for state government. While it does not appear that local governments will be mandated to provide information electronically, your citizens may increasingly come to expect such services from you.

At the most recent meeting, on May 23, 1995, I addressed the Task Force, and described the current public access projects being undertaken by local governments. The members would like to determine the extent to which local governments are able to provide information and services to their citizens electronically, and to assess any obstacles.

If you would like to learn more about your options for developing or participating in a current public access project, call Fred Ward, MRSC Information Systems Specialist. We are working with two teams whose purposes are converging. The first team is working with the state to provide local government information and services to citizens via the Washington Information Network (WIN) kiosks. The sEcond team is primarily looking at using the Internet as the means for providing information and services to citizens. In the future, perhaps many of the transactions that can currently only be conducted at a kiosk could also be made available at the citizen's home via the Internet. For now, several cities and counties have posted information on Seattle's Public Access Network's Internet site. Yakima County, for example, has posted pictures of its three most-wanted criminals.

In addition to using kiosks and the Internet, several local governments maintain information on electronic bulletin board systems (BBS) including Bellevue, Bellingham, Seattle, King County, and Kitsap County. Several other jurisdictions are in the process of starting a BBS, including Clark County, Okanogan County, and the city of Richland. At this point, many more citizens are able todial into a BBS than are able to access the Internet. The city of Seattle, which has both a BBS and an Internet site, has found a usage ratio of about 10:1 in favor of the BBS.

If you will be attending the AWC Convention later this month, you may be interested in two workshops that we are organizing on the topic of public access as well as in the hands-on demonstrations that we will provide in the registration area. (See announcement below.)n

by Fred Ward, Information Systems Specialist

Important Addition to Your Budget Calendar

MRSC has been alerted to the significance of a statute that could have a major impact on the timing of your budget process. RCW 35.33.135 (and RCW 35A.33.135) states, in part, as follows:

At a time fixed by the city's ordinance or charter, no later than the first Monday in October of each year, the chief administrative officer shall provide the city's legislative body with current information on estimates of revenues from all sources as adopted in the budget for the current year, together with estimates submitted by the clerk under RCW 35.33.051 [and RCW 35A.33.050 for code cities].

How Does this Statute Fit into the Budget Calendar?

RCW 35.33.051 and RCW 35A.33.050 are the statutes that require that the clerk submit the proposed preliminary budget to the chief administrative officer (CAO), who is the mayor or manager, no later than the first business day in October. This proposed preliminary budget must include, among other things, information on last year's revenues and expenditures for every fund, the estimated revenues and expenditures for the current year, and the proposed revenues and expenditures for the coming year.

Checking the budget calendar printed on page 5, you can see that, in 1995, the first business day in October, the day by which the clerk must present the proposed preliminary budget to the CAO, is October 2. The first Monday in October, the day by which the CAO must present to the council estimates on current revenues and the proposed preliminary budget per RCW 35.33.135, is also October 2. If the CAO wishes to review the proposed preliminary budget before giving it to the council, the CAO will have to request that the clerk complete and submit it before October 2. Alternately, the council may require, by ordinance, that the clerk provide the proposed preliminary budget to the CAO before October 2.

What Is the Legislative History of this Statute?

Here is what we know. Prior to the enactment of the Optional Municipal Code, the budget process for all cities and towns in the state, except Seattle, was governed by chapter 35.33 RCW. Before the Optional Municipal Code was developed, the statutory budget process in chapter 35.33 RCW began in July, and cities and towns were required to adopt their budgets for the coming year and file theirproperty tax levy requests with the counties in early October.

When the legislature established the Optional Municipal Code in 1967, it modified this budgetary timeline for code cities, with the procedure beginning in September and ending at any time "prior to the beginning of the fiscal year" with the adoption of the budget. Curiously, however, the legislature nevertheless kept the October deadline in chapter 84.52 RCW for adopting the property tax levy for the next year, even after it completely reworked chapter 35.33 RCW and established for other cities a budget preparation timeline like that for code cities. The retention of the October deadline for tax levies probably explains why the legislature included RCW 35.33.135 and RCW 35A.33.135, requiring the CAO to provide the council with the revenue estimates by the first Monday in October. The council would clearly need this information to set the levy. (However, we are left to wonder why the legislature chose to put this statute where it did, rather than earlier in the chapter along with the other timing requirements.)

When the legislature amended RCW 84.52.020 and 84.52.070 in 1988 to move the property tax levy-setting and filing requirements to November, it did not alter the first Monday in October deadline in RCW 35.33.135 (and in RCW 35A.33.135), even though there was no longer a reason to maintain this deadline for property tax purposes. Did the legislature simply forget to amend RCW 35.33.135 and RCW 35A.33.135? Did the legislature consciously decide that city and town councils needed that additional time to review the budget? We do not know.

How Did this Get Overlooked for So Long?

This is a mystery. MRSC has never had any reference to RCW 35.33.135 and RCW 35A.33.135 in its budget calendar. The budget calendar in the BARS Manual also omits the requirements of these statutes.

Implementing the requirements of this statute may change the way your city does its budget.

In many cities and towns, the budget process is a collaborative one among the council, the CAO, and city staff. They often begin the process in the summer with a retreat, where the councilmembers set the goals and budget policies that they wish the CAO and city staff to consider as the budget is developed. In these cities, the council is often briefed during the budget process prior to actually receiving the preliminary budget. Cities and towns that use a collaborative process will probably have little trouble fitting the requirements of RCW 35.33.135 or RCW 35A.33.135 into their current schedule. In other cities, the CAO does not share information on the budget with the council until he or she actually presents the preliminary budget. Often this does not occur until November 1. In order to comply with the requirements of these statutes, these cities will have to make some changes in their budget processes. MRSC believes that cities can continue to follow their current practice, if the council agrees.n

by Judy Cox, Finance Consultant

FYI

Radon Monitoring Program Ends

City building inspectors will no longer be responsible for delivering radon monitoring devices after June 30, 1995 due to the sunset provision enacted as part of RCW 19.27.192.

Revised State Building Codes

The 1994 editions of the Uniform Building Code (UBC), the Uniform Mechanical Code (UMC), and the Uniform Fire Code (UFC) have been adopted, with statewide amendments, by the State Building Code Council, and will become effective June 30, 1995.

Confined Space Entry Procedures

In light of recent amendments and modifications to the confined space entry regulations of Ch. 296-62 WAC Part M, we suggest that each city review its confined space entry procedures. For example:

WAC 296-62-14501 defines "confined space" as a space that:

  • is large enough and so configured that an employee can bodily enter and perform assigned work;

  • has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and

  • is not designed for continuous employee occupancy.

Chapter 296-62 WAC currently provides, in addition to other items, that cities will:

  • develop, distribute, and enforce a written permit-required confined space entry program that addresses monitoring, testing, and communications at locations where confined spaces exist (WAC 296-62-3010);

  • provide training on a level required by their job function in the use of personal protective equipment, recognition of symptoms and signs which might indicate overexposure to hazards (WAC 296-62-3040);

  • insure that an entry supervisor or lead person is designated when working in confined spaces (WAC 296-62-14501);

  • insure that before each separate entry into a confined space a formal written entry permit is issued (WAC 296-62-14509).

WAC 296-62-14520 provides the following appendices to assist in complying with the Act:

    WAC 296-62-14521 (Appendix A) Permit-required confined space decision flow chart

    WAC 296-62-14523 (Appendix B) Procedures for atmospheric testing

    WAC 296-62-14525 (Appendix C) Examples of permit-required confined space programs

    WAC 296-62-14527 (Appendix D) Sample permits

    WAC 296-62-14529 (Appendix E) Sewer system entry

MRSC has examples of confined space entry regulations and procedures recently prepared by other cities. If you are interested in reviewing any of these policies, give us a call.

Implementation of New Local Public Health Financing Provisions Postponed

In Budget Suggestions for 1995, we pointed out that some cities and counties were unhappy with the new local public health financing provisions in the Washington State Health Services Act. These provisions had the counties completely taking over financing of local public health. In exchange, the cities gave up one-third of their motor vehicle excise tax receipts. The effective date was July 1, 1995, but we predicted that there might be some amendments made during the 1995 legislative session. There have been.

Chapter 43, Laws of 1995, sets a new date for these provisions to take effect January 1, 1996. Therefore, cities will get their full complement of motor vehicle excise tax (currently, we are forecasting $17.40 per capita) during 1995, but they also have to pay the county for public health services for the entire year.

Legislative Change
Ordinance Information Pooling

The Municipal Research & Services Center's (MRSC) library maintains a collection or "pool" of ordinances and municipal codes for your use. The 1995 legislature recognized MRSC's role in collecting and distributing municipal ordinances by formalizing the concept of ordinance pooling in the state statutes. The purpose of the new legislation "is to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may be of assistance to them in enacting appropriate local legislation." The legislation broadens the information base by seeking participation from all cities and towns and it changes the existing procedure for code cities.

Earlier legislation directed code cities to send three copies of ordinances of general application to the Association of Washington Cities (AWC). When that legislation was passed in 1969, MRSC and AWC shared a central library at AWC's offices in Seattle. Since AWC's move to Olympia in the early 1980s, AWC has forwarded the ordinances to MRSC for processing. The new law directs that the clerk of every city and town is to provide to the Municipal Research Council or its designee (MRSC), promptly after adoption, a copy of each of its regulatory ordinances and other ordinances as may be described in lists promulgated by the Council or its designee.

For the city clerks who already send ordinances directly to MRSC, there is no change. For cities who send three copies to AWC, only one copy is needed and ordinances now should be sent directly to the MRSC library. For those cities and towns who do not currently send copies, we would like you to send MRSC your ordinances of general application. These include regulatory provisions, policies, fee changes, and other items that would be helpful to other municipalities. Ordinances that take individual actions such as street vacations and rezones do not need to be sent. Routine LID's and annexations are of lesser interest. Do send copies that relate to major annexations or to unique LID's, such as those for BIA's.

Each ordinance received by MRSC is assigned a subject code and is filed in one of the thirty-five hundred subject files housed in MRSC's library. Ordinances of general interest are indexed with short summaries in the ordinance database which can be searched through MRSC's bulletin board. Copies of these ordinances are available to MRSC consultants when researching a question for you, or you may search the database and request copies of items of interest.

Ultimately, the desire is to have as many ordinances available in full computer text as possible. Using MRSC's bulletin board as a means of delivery, cities and towns would have immediate access to desired information, and would be able to utilize the text more efficiently by not having to retype desired sections. Currently a number of documents may be downloaded from MRSC's bulletin board. To send copies of ordinances to MRSC via a modem is a relatively simple process. We are encouraging you to consider this process in lieu of photocopying and mailing ordinances to MRSC.

Current Issues Facing Local Governments Seminar

The Washington State Bar Association is sponsoring a seminar for attorneys representing or dealing with cities, counties, schools and other special purpose districts, and for local government officials. This seminar will cover various aspects of public service. Participants will learn the current status of the appearance of fairness doctrine, explore the ethical standards that apply to local public officials, and develop a better understanding of the due process requirements for quasi-judicial hearings and the extent to which public facilities and resources can be used in campaigns. Finally, participants will get a clearer picture of the issues raised by efforts to privatize or contract out municipal services.

The seminar will be held on Friday, June 16, 1995, at the Washington Athletic Club, 1325 Sixth Avenue, Seattle, from 8:00 a.m. until 5:00 p.m. The cost is $145. For further information contact Michele Kramer the WSBA, (206) 727-8202.

Let's Get Back to Water Conservation

In any newspaper, you can probably find an article about the tremendous growth taking place in the Pacific Northwest. This means more development, more industry, more people and . . . more demand for water! Individuals and their actions now have a greater impact on our water supply than ever before. Most of us accept the fact that there is a definite limit to our water sources, but there appears to be no limit to our population increase.

In a presentation on a recent American Water Works Association Satellite TelEconference, John Cromwell III, Apogee Research, Washington, D.C., stated that over the next 10 to 15 years compliance with the new safety standards in the water supply industry could require: (1) capital outlays devoted to water treatment to double or triple; and (2) operating costs of water treatment to double. Therefore, reducing our water use will save the source and reduce our treatment costs.

We know that water conservation can be accomplished in two basic areas: (1) changes in technology, and (2) changes in our personal water use habits.

Changes in technology, such as the use of low-flow toilets, faucet aerators or shower heads, once implemented, continue to save water despite our personal habits. Although the initial costs might be higher than a public information program, the reliability of water-saving estimates and the continued savings can be predicted with relative confidence to justify those expenditures.

There is no inconvenience associated with the use of a low-flow toilet or faucet aerator and no adjustment period. However, changing our water use habits is a much slower process and with fewer predictable results because it requires a modification of our attitudes and behavior patterns. Turning off the water while brushing our teeth and shaving sounds like a simple change in personal habit, but have you tried to break any habits lately?

Widespread and lasting water conservation requires not only market transformation of commercial customers, but permanent changes in our attitudes and behavior patterns as water users. Can we change our desire for a large expanse of lush green lawn to acceptance of a smaller lawn with "Xeriscape" plantings? Can we remember to shut off the water when brushing our teeth? Yes, we can! Changing our habits is a long, slow process. But nothing will happen at all unless we start the process now!

Recently, the Pacific Northwest section of the American Water Works Association conducted a water conservation survey. The response to this survey was strong, indicating that there is a definite interest in conservation of our water resource by our water utilities! But the survey found that budgets for water conservation are small, or non-existent, for most utilities.

In our effort to get back to water conservation, the following guidelines are suggested:

Do put water conservation on our priority list. Allocate monies for an increased waterconservation public information program. Do not forget to fund adequate staff time to promote these information programs. The funding allocated will vary with each water utility, but let's all put some dedicated funding toward a water conservation program.

The survey showed that utilities are currently using the following conservation methods, listed in the order of popularity:

  • Newsletters/bill inserts
  • System leak detection
  • Metering programs
  • Brochures
  • Efficient watering guidelines
  • School presentations, etc.

Do tell your citizens that water conservation is necessary to maintain their lifestyle, and what might happen if an adequate water supply cannot be maintained. There are a variety of preprinted flyers or brochures available. Allocate the funding necessary to acquire and deliver this information to your citizens. What about designating one of your employees to visit the schools and talk to the students? Contact the larger utilities nearby to see if a representative might be available to speak to your citizens on the need to fund water conservation efforts.

Do present the costs associated with delivering the present volume of potable water, and the costs of expanding that amount. Compare the cost of the next new cubic foot of water beyond the present capacity with the cost of conservation. Show how long conservation will extend the life of the present water supply.

Do estimate how much water might be saved through a concerted municipal water conservation effort.

Water used in parks, around public buildings, cemeteries, school playgrounds, and highway medians can account for a significant portion of total use and offer a potential for conservation that is readily noticed by the general public. The city can provide leadership by setting the standard.

Do consider the costs of conservation in revenue reduction compared with the cost of system expansion. Are your rates conducive to water conservation? Should an "excess use rate" or "goal billing" be implemented to encourage conservation?

The survey indicated that 11.5 percent of the respondents have a declining block rate schedule. That means, in simple terms, the more water a household or business uses, the cheaper the water is per unit delivered.

Of those utilities responding to the survey, 43.3 percent operate with a monthly or annual charge, which does little to encourage conservation.

Only 10.8 percent of the responding utilities use an increasing block rate schedule as more water isused, the per unit cost increases. As with any goods, if the price of a product goes up, people will cut back on the use of the product.

Customers are willing to reduce consumption, as we saw in Seattle during the summer of 1992. Much of the 46 percent reduction in water use in the Seattle system was made through the concerted effort of individual customers who practiced a number of water-saving measures. However, the downside of that successful conservation program was a $10 million revenue loss for the Seattle Water Department. Consider the anticipated revenue reduction in the initial years of an increasing block rate program.

And let's also remember:

Don't underfund the water conservation budget item. Water conservation will not happen unless there is available staff time and sufficient funding to implement the program. An under- funded effort might accomplish very little, even waste money, and irritate the citizens.

Don't forget to tell your customers what program is being funded toward water conservation, what the program goal is, and the benefits from achieving that goal. The total program need not be accomplished in one year, but set annual goals that can be monitored and reported upon to the citizens.

Don't keep water rates artificially low. Maybe it is time to review your present rate structure in light of water conservation. Certainly an increasing block rate, with a seasonal adjustment, tends to encourage water conservation more than a flat rate.

Don't reinvent the wheel. Contact other water utilities in your area and discuss with them your situation.

Don't put off facing the issue, do get back to water conservation.

by Roy H. Peterson, Public Works Consultant

MRSC Online News

We have several new developments to report this quarter. New ways of accessing MRSC Online, a new telephone number, and later in the summer, a new interface.

Currently, you can access MRSC Online through the 206 phone number, or for those of you in rural areas, through the Rural Development Network's (RDN) toll-free line and Internet address. Now you can access MRSC Online in several new ways through the City of Seattle's Public Access Network (PAN). PAN comprises both an electronic bulletin board system (BBS), and an Internet menu system (home page). As with RDN, you can dial into the PAN BBS directly or via the Internet, and then connect to MRSC Online via a gateway. Much of the MRSC Online content also appears directlyon both the PAN BBS and the PAN home page. Exceptions include AWC's bulletins and legislative information, the discussion areas for city officials, and some of the databases. For those of you who are already familiar with the Internet, PAN's telnet address is pan.ci.seattle.wa.us, and the World Wide Web address is http://www.pan.ci.seattle.wa.us. Please call me for more information on any of these options.

Since your citizens also have access to PAN, you might consider providing MRSC with additional files for viewing or download what you think would be of interest to them. Or if you are interested in setting up a home page on the Internet specifically for your city, MRSC can provide you with some degree of assistance, and put you in touch with other cities that have already set up home pages. For those of you who will be attending the AWC Convention in Seattle, we are organizing two presentations on the topic of public access, and the various forms of delivery, including home pages. (See page 3 for announcement, and the article on Public Access to Electronic Information.)

Those of you who use RDN to access MRSC Online can send and receive messages via the Internet even if you do not have an Internet account. See the instructions online or call me for assistance. PAN users will also be able to send and receive Internet messages in the near future. If you are out of the Seattle calling area you would probably not want to dial into PAN directly for Internet E-mail, but in some cases you can access PAN by using the local number of your regional library's online system.

As you may be aware, MRSC will be moving our offices to downtown Seattle at the beginning of August, and getting a new phone number for the BBS. At that time, you will need to change the BBS phone number in the configuration of your communications software to 625-1065. If you are using the program supplied by MRSC (DWComm), choose C for configuration from the main menu, change the phone number, and press <ESC> to exit and save the changes. Please use the current phone number through July. Call me if you have any questions.

You can now leave messages for AWC staff via MRSC Online. Send the message to the user named "AWC Staff." Someone from AWC checks these messages regularly. AWC also posts about a dozen of their bulletins on the system for you to view or download.

Over the summer we plan to work on implementing new BBS software that will provide the option of a graphical Windows interface while still allowing DOS and Macintosh users to access the system. Look for more about this in the next newsletter.

by Fred Ward, Information Systems Specialist

Ask MRSC

Alcohol in City Buildings - May alcohol be served in a city-owned community hall when it is rented to a private group?

Yes, if the private group obtains the proper license from the Washington State Liquor Control Board. See RCW 66.24.481, and the definition of "public place" in RCW 66.04.010(23). However, a city does have the authority to adopt a policy prohibiting the serving of any alcohol in the community hall.

Beautification Expenditures - May a city pay for placement of large flower pots along the sidewalks of a private shopping center?

A city has the authority to beautify the public sidewalks in the commercial district of the city. However, although the beautification purpose is the same, city funds may not be used to enhance the appearance of the private shopping center. The shopping center is responsible for doing its own beautification.

Civil Service - May a city establish civil service systems for all city employees?

Except for first class cities or charter code cities, cities and towns in this state do not have the authority to establish civil service systems for all city employees. Statutory requirements for civil service apply to cities and towns that have fire departments with full-time, paid employees and/or police departments with three or more full-time, paid police officers. Civil service coverage extends both to full-time uniformed and non-uniformed employees of the police or fire departments. There is no statutory authorization for civil service coverage of employees other than those within these departments, except that first class cities and charter code cities would have such authority to establish such a system in their charters. Establishing civil service coverage outside the police and fire departments probably would be considered to be an invalid intrusion upon the mayor's authority to hire and fire city employees.

Contracting - May a city make a purchase off another city's contract?

Yes, but only if both cities enter into an interlocal cooperation agreement, prior to the purchase, whereby one city acts as the agent of the other in calling for bids for both cities. For a city to purchase from a contractor merely because that contractor has given a favorable price to another city would be a violation of bid laws.

Employee Benefits - Do part-time employees accrue sick leave and vacation benefits?

This depends on city policy, since state law does not mandate a specified level of benefits for part-time employees (or, for that matter, full-time employees). Some cities do not allow part-timeemployees to accrue vacation and sick leave benefits. Other cities allow such accrual on a prorated basis.

Gambling Taxes - May a city tax satellite parimutuel horse racing?

No. The statute that governs city and town gambling taxes (RCW 9.46.110) does not list parimutuel horse racing as an activity that a city may tax. In addition, the state preempts this area, in RCW 82.02.020, with regard to a B&O tax.

Hiring of Personnel - May a city check the credit history of applicants for city employment?

Yes, as long as it complies with the procedures and requirements of the state Fair Credit Reporting Act, chapter 19.182 RCW. Among the requirements of that legislation is a clear and conspicuous disclosure to the applicant for employment that the city may obtain a credit report, authorization by the applicant to obtain the report, and providing information concerning the reporting agency, a description of the applicant's rights pertaining to credit reports, and a reasonable opportunity to respond to information in the report that the applicant disputes. Of course, whether to ask for credit reports of applicants is a policy matter for the council.

Ordinances - What are the requirements for amending an ordinance in a sEcond class city?

When amending or revising an ordinance or a section of an ordinance, the new ordinance must contain "the revised ordinance or the amended section at full length." RCW 35.23.211.

Public Meetings - Would discussions of city business between two councilmembers be considered a council meeting subject to the Open Public Meetings Act?

No. Because less than a quorum of the council is present, it would not be considered a council meeting.

Street Vacation - How does a city adjust the required compensation for a street vacation when it reserves part of the vacated property for a utility or other public easement?

A city or town council, when vacating a street, may require abutting property owners to pay compensation to the city or town in an amount up to one-half of the appraised value of the propertyvacated. Often, however, a city or town will reserve a utility or other type of easement from the vacated property. In those situations, the appraised value should reflect the easement reservation. Some cities and towns specifically provide in their street vacation ordinances that the appraisal should consider and adjust for any public easements reserved.

Voter Input - May the council in a code city refer an issue to the voters for a binding decision if the city does not have the powers of initiative and referendum?

No. The council can refer an issue to the voters for an advisory ballot, but the council cannot delegate their responsibility by simply referring an issue to the voters.

Resource Sharing - Information Partnership Program

The goal of the Information Partnership program is to seek out current material that can be found from only one source - the cities and towns of Washington. The idea is to acquire existing material that can be readily sent to MRSC to assist consultants in their research as well as serving MRSC Library's clearinghouse function in making the material available to other cities.

The Information Partnership Program continuously updates the MRSC Research Library collection. The consultants at MRSC depend on the library as they respond to inquiries and routinely make suggestions for obtaining material through the Information Partnership "pipeline." Two recent suggestions are: (1) contracts for building inspectors and (2) RFP's or agreements for banking services. As an experiment, readers of this column are asked to check their municipal files and, if available and relatively new (1994 onward), send copies to the MRSC Library, Attn: InfoPartner, 10517 NE 38th Place, Kirkland, WA 98033-7926.

The returns from the April mailing have been very good. As an added bonus, several cities included material from the January request. Selected examples of the material received are summarized as follows:

  • Small Works Rosters, Bids and Contracts, Purchasing and Procurement Policies, Memorandum of Procedures for Purchasing Supplies, and one Interlocal Agreement for Cooperative Purchases, Anacortes, Bellevue, Blaine, Camas, Des Moines, Monroe, Omak, Poulsbo, 1994-95, (F 8.0000 Series)

  • Anacortes-Comprehensive Park & Recreation Plan, 80 p.; analyzes park services and recreation needs, survey results, projects, actions, priorities and development of a six-year Capital Improvement Plan, prepared by JC Draggoo & Associates, Portland, OR., 10/88, (P 3.2000)

  • Bellevue-Parks & Open Space System Plan, vi, 140 p.; attractively illustrated, spiral-bound, comprehensive document providing perspective, objectives, background, analysis of major issues,recommendations, public involvement, inventory and analysis, definitions and references, 9/93, (P 3.2000 B44)

  • Bellevue-Pedestrian and Bicycle Transportation Plan, 72 p. + appendices; basic May 1993 report is updated by 1/9/95 and 10/7/94 letters from Transportation Director, and Resolution No. 5824, passed 10/24/94, with pedestrian and bicycle facility maps, 5/93, (P 4.2000 B44)

  • Blaine-Comprehensive Park Plan, 41 p.; describes park and recreation program, lists surveys and public meetings, identifies issues, priorities and goals, and discusses funding possibilities. Includes maps, survey questionnaire and results, support for the Plover (motor vessel), and impact fee guidelines, 1992, (P 3.2000)

  • Camas-Comprehensive Park and Recreation Plan, 1987, 48 p.; the official policy and plan for the growth and development of parks and recreational facilities and services, 2/17/87, (P 3.2000)

  • Dayton-Park Plan, 1987, 21 p. + appendices; design and layout by Robert S. Stowe, City Planner and John M. Kliem, City Administrator; adopted by Resolution No. 862, 6/23/87, (P 3.2000)

  • Deer Park-Comprehensive Plan for Parks and Recreation, 23 p.; examines current and potential recreation facilities. Marked as "Draft" with note that it is the final version, 5/29/90, (P 3.2000)

  • Des Moines-Title 19: Parks and Recreation, var. p.; codifies the Park and Recreation Plan, park regulations, designation of parks, access routes and public facilities on rights-of-way, Rev. 10/93, (P 3.2000)

  • Forks-Park & Recreation Plan 1985-1990, Resolution No. 116, 1 v., not paged; describes area resources, facilities, programs; outlines needs and demands, survey results and concludes with an action plan, 8/27/84, (P 3.2000)

  • Grand Coulee-Park and Recreation Plan, Computer disk, 3.5", WP5.1; electronic formatted park plan in WordPerfect 5.1 for IBM/DOS compatible systems [not reviewed], no date, (P 3.2000)

  • Tumwater-Parks and Recreation Plan, 56 p. + appendices; an element of the Tumwater Comprehensive Plan: inventories existing facilities, documents citizen involvement, outlines goals, objectives, needs analyses, and provides an action program. Appendices include Resolutions Nos. 382 and 482, 6/1/93, (P 3.2000)

  • Yakima-Comprehensive Parks and Recreation Plan: Vision for the Future, [var . p.]; cover title is "Vision for the Future: Yakima's parks--yesterday's vision for today; today's vision for tomorrow." Nine chapters and five appendices. Adopted by Resolution No. R-94-118, 9/13/94, (P 3.2000)

  • Anacortes-Community Forest Lands Management Plan, 23 p. + append.; manages resources, as amended by Resolution No. 2197, 8/19/91 [2 p.], such as forests, flora, wildlife, management units[i.e., parks and trails], and recreational activities as well as procedures, authority, enforcement, protection, cooperation with property owners, and future property acquisitions, 5/91, (PL 5.7200)

  • Bellevue Fire Station No. 8 [Construction/Review Blueprints], 50 sheets; review and construction blueprints with drawings, site surveys, floor plans; prepared by Miller/Hull Partnership, Lawhead Architects, and others, 12/20/93, (PP 6.3000 B44 B46 1993)

  • Bellevue Fire Station Number 8 Project Manual: Contract Documents and Specifications [var. p.]. _Bidding and specifications prepared by the city and The Miller/Hull Partnership with The Lawhead Architects; Addendum No. 1 (1/28/94), No. 2 (2/10/94); with Appendix: Preliminary Geotechnical Engineering Study, by Earth Consultants, Inc.: 1/19/94, (PP 6.3000 B44 B45 1994)

  • Bellevue-Agreement for Services [Park Concession], 5 p.; contract signed by the city Parks and Community Services and concessionaire to operate concession stands at Hidden Valley Sports Park. Attachment A, "Scope of Work," outlines 23 terms and conditions, 4/17/95, (PP 3.4000)

  • Blaine-Real Property Use Agreement: City of Blaine - Blaine Farmers Market Association, 5 p.; terms, and Exhibits A and B, to operate a Saturday public farmers market from May 6 to October 28, 1995, at the Marine Park, 2/27/95, (PP 3.4000)

  • Monroe-Agreement [Park Concession], 5 p.; documents standards and regulations for concessions during the Spring and Summer season at Skykomish River Park, 4/94, (P 3.4000)

  • Omak-Memorandum of Agreement and Lease Between the City of Omak and Omak Stampede, Inc., sets terms, scope, and limits for use of grounds and facilities as amended in 1989 and 1993, 1/26/87, Rev.; Amended 1/3/89, 3/1/93, (PP 3.4000)

  • Yakima-Invitation to Quote [Golf Course Concession], 8 p., form and instructions to file quotes for food, coffee, soft drink concessions and supplies at the city's Fisher Golf Course, 2/16/93, (PP 3.4000)

  • Yakima-Invitation to Quote [Swimming Pool Concessions], 10 p.; form with instructions and specifications for vendors to quote bids for food, ice cream and soft drink products and supplying, operating and maintaining concession stands at two city operated swimming pools, 5/20/92, (PP 3.4000)

    The above material may be requested by employees and officers of Washington cities and towns by contacting the MRSC Library via mail, telephone, fax, or e-mail.

    by Paul J. Steere, Information Partnership Coordinator

New Ordinances

Animal Control - Feeding on Public Property: Lynnwood Ordinance No. 2029 prohibits the feeding of animals on public property or leaving or depositing foodstuffs on public property. Passed 3-95. (LR 8.2000)

Curfew - School Hours: Toppenish Ordinance No. 95-9 enacts a curfew for persons under the age of eighteen during normal school hours on Monday through Friday except on a holiday or when school is not in session, or during school vacation. Passed 3-95. (PS 7.4271)

Finance - Departmental Money Management Program: Chehalis Resolution No. 6-95 implements a policy that rewards departments for conservation and Economical good sense and provides an initiative for innovative thinking and more effective ways of doing business. Passed 4-95. (F 1.4000)

Finance - Investment Policy: Bothell Resolution No. 951 adopts a comprehensive investment policy. Passed 4-95. (F 5.7100)

Fish and Wildlife Conservation Areas: Burien Ordinance No. 129 creates a new section of the interim zoning code, fish and wildlife habitat conservation areas. Passed 4-95. (PL 5.4110)

Garage Sales: Monroe Ordinance No. 1054 regulates garage sales from residential premises. Passed 3-95. (LR 79.2000)

Land Clearing and Grading: Bellevue Ordinance No. 4754 adopts a new chapter to implement the city's current practices for clearing and grading, to meet the goals of the comprehensive plan, and implement the requirements of the Stormwater Management Manual for the Puget Sound Basin. (C 7.0000)

Personnel Policies - Administrative Leave: Overtime - Toppenish Ordinance No. 95-4 adds a new section to "vacations, sick leave and health insurance" to provide for administrative leave for employees who are exempt from the Fair Labor Standards Act. Passed 2-95. (PE 7.5600)

Police - Community Police Advisory Board: Poulsbo Ordinance No. 95-03 amends Section 2.30.020(D) of the municipal code to designate the student member of the board to be from North Kitsap High School. Passed 2-95. (PS 6.3000)

Public Records - Access: Burien Ordinance No. 137 adopts rules and regulations for the provision of public access to public records and provides for exemptions as allowed by Washington State Law. Passed 4-95. (G 5.9500)

Sewer Use - Fats, Oils, Grease Control: Lynnwood Ordinance No. 2031 creates new provisions; defines terms; regulates the use of the sewer system; provides guidelines for fats, oils, and grease control plans. Passed 4-95. (US 3.1000)

New Acquisitions

Accepting the Challenge: The Rebirth of America's Downtowns, National League of Cities, Washington, D.C.,1994, 50 p. (Case Study Reports/National League of Cities) [PL 5.2220 A255 1994].

Breakthroughs: Re-creating the American City, by Neal R. Peirce and Robert Guskind, Piscataway, N.J., CUPR, 1993 [PL 1.4000 B755 1993].

CDBG Funds: Resource for Innovation, by William Fischer with Anthony Crowell, International City/County Management Association [ICMA], Washington, D.C., ICMA, Feb. 1995, MIS Report vol.27 no.2 [F 5.3260 MIS27:2**].

City Comforts: How to Build an Urban Village, by David Sucher, Seattle, WA., City Comforts Press, 1995, 176 p. [PL 14.2000 C555 1995].

Design Review, Planning Advisory Service, Report No. 454, by Mark L. Hinshaw, American Planning Association, Chicago, IL., APA, Feb. 1995, 34 p. [PL 0.0000 A6pas no.454].

Elected Official's Little Handbook: A Portable Guide for Local Government Legislators, by Len Wood, Rancho Pales Verdes, CA., Training Shoppe, 1994, 176 p. [G 4.1100 E445 1994].

Exemplary Programs in Criminal Justice: Innovations at the Local Level, by Gail Jackson, National League of Cities, Washington, D.C., NLC, 1994, 156 p. [PS 7.0000 E845 1994].

Municipal Environmental Compliance Manual, edited by Lisa Dowden and John McNurney, Boca Raton, FL., Lewis Publishers, 1995, 240 p. [EN 1.0000 M855 1995].

Taming City Hall: Rightsizing for Results, by Gerald Seals, with research by Marianne Shank, San Francisco, CA., ICS Press, 1995, 286 p. [G 0.0009 T355 1995].

Value by Design: Landscape, Site Planning, and Amenities, by Lloyd W. Bookout, with Michael D. Beyard and Steven W. Fader, Washington, D.C., ULI, 1994, 154 p. [PL 10.1200 V355 1994].