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MRSC PUBLICATIONS › NEWS › Municipal Research News - March 1995
 

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Municipal Research News

Resources for Washington's Cites and Towns
March 1995

Articles

Privatization? We Do That

Under the relentless pressure of budget crises in state and local governments, the concept of privatization continues to receive the attention of government officials who are looking for new ways to reduce expenditures while keeping needed services. With voters in open rebellion against further tax increases, the options for maintaining existing service levels or for offering new services are becoming fewer and fewer.

In Washington, privatization efforts have received recent attention at the state level with the introduction of legislation to place state-owned liquor stores in private hands and to finance highway construction through a series of private toll road projects. Both proposals have apparently been put forward as a response to recent demands for leaner and more efficient government. Both proposals, however, have run into trouble in the state legislature. The private liquor store bill died in committee for lack of support and the toll road projects came under fire for, among other things, not providing enough opportunities for citizen input.

"Privatization" is really a catchall term that refers to a variety of efforts to make greater use of the private sector in the provision of public services and facilities. Contracting, using vouchers, self-help programs and selling public enterprises are all examples of privatization. In its broadest application, privatization may entail the complete transfer of service responsibilities and financing over to the private sector. In such cases, governments actually get out of the business of delivering a particular service altogether in favor of private service providers.

Despite encouragement by various advocates, most privatization efforts at the local level remain limited, with some exceptions, to contracting with private organizations to deliver publicly funded services. Most local governments implement private contracting as a way of cutting costs and improving service productivity. In some instances, private companies may be encouraged to compete with city departments to provide public services. Golf courses, vehicle towing and maintenance, solid waste recycling and convention centers are among the many local government services and operations now being run by private enterprises.

Contracting by Washington Cities

According to a 1992 MRSC survey on municipal service delivery methods, cities and towns in Washington make extensive use of private contracting to deliver a variety of public services. The highest rates of contracting by cities with private businesses were found in the public works, public utility, parks and recreation, and support service categories. Washington cities also frequently contract with nonprofit organizations for various recreational, cultural, and health and human services. A few examples: engineering (92%), recycling collection/disposal (77%), residential solid waste collection (76%), data processing equipment maintenance (87%), attorney (75%), labor relations (51%), hearing examiner (41%), vehicle maintenance (49%), vehicle towing and storage(96%), park concessions/food service (58%), golf course operation and maintenance (40%), emergency shelters (59%), food banks (52%), and senior services (48%).

When Should Services be Considered for Private Contracting?

There are no hard and fast rules for picking the best candidates for contracting out. However, some general criteria have been put forward. A few examples: cases where Economies of scale are identifiable and achievable; services that require professional staff with specialized skills that are not required on a day-to-day basis; "hard services" (e.g., garbage collection) for which output can be clearly specified, measured and evaluated_it is much more difficult to contract out services such as policing, education, and social services where it is hard to specify and measure results; and services for which there are many potential providers (to stimulate competition).

The city of Phoenix, Arizona, uses the following guidelines to identify potential candidates for contracting:

  • Services for which control considerations are of greater importance than Economic (e.g., law enforcement) are not contracted.

  • Services for which control and Economy are of equal importance may be contracted if private contracting is substantially less expensive than government production.

  • Services for which cost is the primary concern (e.g., custodial services) are contracted if the private service provider is less expensive.

In Washington, it appears that control (of alcohol sales) considerations won out over Economic factors in the debate over privatizing liquor sales.

Potential Benefits

Contracting with private profit firms or nonprofit organizations to deliver services can offer many potential benefits to cities. It may result in lower costs to local governments where competition between local businesses results in lower prices. The potential for cost savings was the factor most commonly cited by cities in MRSC's survey that led them to contract out. Competition between private firms can also result in higher service quality since firms may have a greater incentive to find ways to increase customer satisfaction through service improvements. Additionally, cities may be able to avoid high capital investment costs by contracting out with private firms who can provide their own specialized equipment. Finally, where services are provided partly by private contractors and partly by city personnel, cost comparisons will be possible to assist in evaluating the performance of government services.

Potential Problem Areas

There are also a number of potential problem areas and pitfalls to consider before contracting out. If only a few contractors are available in the area, the resulting lack of competition may reduce oreliminate cost savings. Private monopolies can be just as inefficient as public ones. Competition between service providers is the key element to ensuring lower costs, not private contracting per se. The potential for service disruptions due to labor problems or financial failure of the contractor should also be evaluated--the risks associated with a disruption in service are higher for some services than others (e.g., public health related services). Some contractors may be tempted to cut corners to increase profits resulting in poor service quality. Poor service quality is a common complaint of government officials who monitor contractors. Contracting out means giving up direct management controls over many aspects of service delivery. If the need for direct control is deemed more important than Economy, then the service probably should not be contracted out.

Contracting out services to the private sector is not a panacea for treating all local government service delivery problems nor will it be appropriate and/or advisable in all cases. However, under the right conditions, it may be the best alternative available when faced with the dual challenge of providing essential city services for the lowest possible cost.

by Byron Katsuyama, MRSC Public Policy Consultant

Stormwater Technical Assistance

The Department of Ecology Stormwater Unit will be presenting a condensed version of workshops previously offered by DOE - "Bridge to the Stormwater Technical Manual." Steve Anderson, P.E., with Woodward Clyde Consultants in Seattle, will facilitate the training with the assistance of Ecology's stormwater technical assistance staff. Ecology will be represented by Rod Sakrison, Tony Barrett, or Gary Kruger. Workshop participants will receive a stormwater site planning workbook. There is no charge for the training or workbook.

Future training sessions will be held in the following locations:

Shelton
Memorial Hall
Thursday, March 16, 1995
1:00 p.m. to 5:00 p.m.

Silverdale
Kitsap County Fire District #1
Friday, March 17, 1995
1:00 p.m. to 5:00 p.m.

Municipal and public participation are welcome. For registration, directions, and further information contact Lorena Mrachek at Ecology, Water Quality Program, PO Box 47600, Olympia, WA 98504-7600, (360) 407-7444.

Classes Announced

The Cascade Center for Public Service at the University of Washington announces its 1995 programs: The Cascade Management Series and the Cascade Public Executive Program--training programs for mid and senior-level public sector managers.

The Cascade Management Series presents a rare opportunity for managers to take a comprehensive set of courses designed specifically for their needs. Both the seasoned manager and the new manager will benefit from the outstanding instruction and pertinent materials offered in these classes. Instructors are drawn from the Northwest and throughout the country and are top experts in their fields. The courses will be held at the University of Washington. If you have any questions or would like to receive registration materials, please contact Pat Cook at (206) 685-0523.

The 1995 course schedule:

  • Developing Effective Policies and Programs - March 6 - 10, 1995

  • Working with Elected Officials, Interest Groups and the Media - March 27 - 31, 1995

  • Using Budgets and the Budget Process as Policy and Management Tools - June 12 - 16, 1995

  • Improving Services: Better Operations and Customer Response - July 10 - 14, 1995

  • Managing People: Personnel Decisions that Improve Programs - September 18 - 22, 1995

  • Conflict Resolution: Promoting Consensus and Building Coalitions - October 23 - 27, 1995

The Cascade Public Executive Program is designed for top-level executives from Northwest government and nonprofit agencies. The ten-day residential program takes managers out of the hectic world of running their agencies, and brings them together to face a different kind of challenge. Candidates for the program represent a broad range of communities and agencies across the Northwest, and are executives who have high level policy and management responsibility. Many jurisdictions are represented in the program, including port districts, city or county governments, library or transit systems, and nonprofit agencies such as human service or arts organizations. The Cascade Public Executive Program will be held April 17 - 27, 1995. If you have any questions or would like to receive registration materials, please contact Suanne Pelley at (206) 685-0523.

"The Beast" Continued

The December 1994 issue of Municipal Research News contained an article titled, Taming "The Beast". The Beast is our fond name for the exponentially increasing load of inquiries being handled by MRSC. Our estimate was that we would top 8,000 inquiry responses by the end of 1994. We were wrong. The actual number of responses for 1994 was 7,976, that is 24 short of our estimate. Our error rate was 0.003009. So although we missed our estimate slightly, we feel we can be very proud of our record.

The following chart illustrates the increasing inquiry load we're talking about:

MRSC Inquiry Volumes

  • 1989 - 4,048
  • 1990 - 4,785
  • 1991 - 6,016
  • 1992 - 6,734
  • 1993 - 6,769
  • 1994 - 7,976

We have been pleasantly surprised to learn how many of you read the "Taming 'The Beast'"article. Several of you have commented to our staff about the five points we made concerning ways you could help us with the load. Our number of urgent, "have to have it today if not sooner," calls have decreased. Thank you for listening!

Now...we think it's reasonable to again estimate for 1995 that our total number of inquiry responses will top 8,000. Inquiry responses are our first priority business. We know you depend on us, and we take that very seriously.

We'd like to reiterate the five points suggesting how you can help:

  • Anticipate your needs. Please call us as early as you can.

  • Define your questions as clearly as possible. Give us as much reference as you can.

  • Be sensitive to our necessary priorities. If every request is "urgent" we can't keep up.

  • Give us as much background as possible.

  • be willing to speak to our voice mail. Again, be as explicit as possible.

We can only reemphasize that we need your help and understanding as we go through 1995. Working together for excellence in local government is what we're all about.

Ask MRSC

Annexation - Is there a new law that requires cities to hire county police officers who are laid off as a result of an annexation?

Yes. In 1993, the legislature enacted RCW 35.13.360 - .400, which require and establish procedures and conditions for the lateral transfer of qualified county sheriff's employees who, by reason of annexation or city incorporation, are laid off due to sheriff's department cutbacks. These statutory rules apply to all cities, including code cities.

Bidding - Must the bid opening for a public works project be public?

The bidding statutes do not specifically require that bid openings be public. However, many cities have ordinances that require all bid openings be public, and most bid packets contain information sheets stating that bids will be opened at a certain time and place. Opening bids in public helps assure all parties that the procedures are fair.

Bidding - Must cities require public works contract bidders to submit the names of significant subcontractors for a public works contract on which they are bidding?

Yes, a city must require this if the contract costs more than $100,000. In addition, the contractor must submit these names as part of the bid or within one hour of the published bid submittal time. Until the 1994 legislature amended the relevant statute, RCW 39.30.060, the requirement had been within 24 hours of the bid submittal time.

Bidding - Are bids required for park maintenance services?

No. The 1994 legislature eliminated the requirement that bids be obtained for services costing more than $7500. This includes solid waste collection services, cemetery maintenance, janitorial services, and park maintenance. The procuring of architectural and engineering services is governed by other statutory requirements.

City Hall - What cities have built new city halls in recent years?

According to information in our files, the following cities have constructed new city halls or community centers since 1980: Leavenworth (1994), East Wenatchee (1994), Redmond (1991), Port Angeles (1987), Tumwater (1985), Clyde Hill (1985), and Kirkland (1982)

Contracting - Who has the authority to negotiate a contract on behalf of the city, the council or the mayor?

There is no statute that clearly defines who has contract negotiation authority. Since the council has the ultimate authority to approve city contracts, the council also has the power to deal with the details of contracts. Though many councils frequently authorize the mayor/city manager/administrator to conduct contract negotiations, there is no statute that prohibits a council from taking over that role.

Council Vacancies - May the mayor break a tie on a council vote to fill a council vacancy under the new uniform, statutory vacancy-filling procedures?

The new, uniform procedures in RCW 42.12.070 for filling vacancies on the "governing body" of a city or town (other than a first class or charter code city) merely state that "the remaining members of the governing body shall appoint a qualified person to fill the vacant position." (There are additional procedures that apply if the governing body fails to fill the vacancy within 90 days.) The position of MRSC legal staff is that, since this statute does not deal with the issue of the mayor's tie-breaking authority, it does not modify that authority. Since the statutes governing the mayor's tie-breaking authority in sEcond class cities, code cities, and towns do not prohibit the mayor from breaking a tie on a council vote to fill a council vacancy, the mayor may do so.

Growth Management - May a city designate agricultural lands within its urban growth area?

RCW 36.70A.070 (4) states that "Forest and agricultural land located within urban growth areas (UGAs) shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights (TDR or PDR)." (Emphasis added.) The intent seems to be to reserve limited UGA land with potential for urban services for urban uses rather than long-term resource use. It may also be designed to avoid spread out development patterns that are expensive to serve. There are 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, (2) the land includes extensive critical areas that will be better protected in agricultural use than in urban use, or (3) the land is held in low intensity uses such as agriculture until facilities and services are available and the land is needed for urban uses. This would be consistent with WAC 365-195-060(5) which states that "Provisions shall be made for the phasing of development within each UGA to ensure that services are provided as growth occurs."

Growth Management - May a city set level-of-service standards below the level used as a basis for impact fees?

Although this issue is not directly addressed by the GMA, there is a strong case against pursuing such a policy. Impact fees are frequently the subject of litigation, and such a policy may be inviting a challenge. By definition, level-of-service standards should define the level of facilities and services that meet a community's needs and are acceptable to a community. "Level-of-service" is defined in WAC 365-195-210 as "an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need." (Emphasis added.) It would be difficult to justify impact fees that require a developer to pay for more than what a city's standards indicate are needed. RCW 82.02.050 (1)(c) states that it is the legislature's intent "to ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees." Fees not related to the adopted city standards could be consideredarbitrary. A city can still aspire to a higher level of services than its minimum standards would provide, but it is unlikely that a city can require a developer to pay for a level that exceeds its standards.

Outdoor Burning - What are the state laws and regulations for controlling outdoor burning, including burning barrels?

Under the Washington Clean Air Act, outdoor burning is currently prohibited in certain "nonattainment areas" that do not meet federal air pollution standards, and it is being phased out in cities with a population over 10,000 and within urban growth areas designated under the state's Growth Management Act. Outdoor burning will be totally banned in cities over 10,000 and within designated urban growth areas after December 31, 2000. Until open burning is banned under this legislation, it is allowed subject to the permit requirements outlined in WAC 173-425-070.

State regulations on outdoor burning are not exclusive, and cities may adopt additional regulations restricting it. Many cities and towns in Washington have implemented ordinances regulating outdoor burning, including complete burning bans.

With respect to the issue of burning barrels, the Clean Air Act restricts the materials that can be legally burned in outdoor fires to natural organic matter. Burning residential trash is prohibited. DOE notes that, from an air quality standpoint, the use of burning barrels is not recommended, even for natural vegetation.

Personnel Records - Must employee medical records be kept separate from the regular personnel records?

There are several federal regulations that require or strongly urge that all medical records be kept separate from regular personnel files. The regulations are adopted under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. Which regulations apply to the city depends upon whether the city has fewer than 15 employees. We recommend that all cities keep medical records in a separate cabinet, with limited access. It is important that employment decisions not be based upon medical information, except as specifically allowed by federal law. The city attorney should be consulted when there are issues of this type.

Public Works Contracts - What is the procedure for extending the contract completion time?

A change order should be prepared and processed to extend the completion time of a public works project. The time extension, whether it involves additional monies or not, is a change to the basic contract and should be processed as a change order.

Real Estate Excise Tax - Did the spending limitations on real estate excise tax revenues change during the last legislative session?

Yes, it did for two groups of cities and towns. The 1994 legislature amended RCW 82.46.010 such that cities and towns not planning under the Growth Management Act (GMA) and cities and towns with a population of 5000 or less that are planning under the GMA may spend revenues from the first quarter percent of the real estate excise tax (REET 1) "for any capital purpose identified in a capital improvement plan and local capital improvements, including those listed in RCW 35.43.040 [the LID statute]." (Language added by 1994 legislature is in bold type.)

Smoking - Have any Washington cities passed ordinances prohibiting all smoking in restaurants?

The city of Puyallup passed such an ordinance. However, due to the filing of a legal challenge to the regulation, the council repealed it just before its scheduled effective date (January 1, 1995). There are over twenty cities in California that prohibit all smoking in restaurants, and there are several cities in other states that have taken this step.

Special Meetings - How many councilmembers are needed to call a special meeting in a code city having a seven-member council?

The Open Public Meetings Act authorizes the city council, in addition to the mayor, to call special council meetings. However, there is a conflict between a code city statute (RCW 35A.12.110) and an Open Public Meetings Act statute (RCW 42.30.080) as to how many councilmembers are necessary to call a special meeting. The former allows three councilmembers to call a special meeting, and the latter allows a majority of the councilmembers, which would be four in a seven-member council, to do so. The Open Public Meetings Act statute is the one that must be followed here because of RCW 42.30.140, which states that, in the event of a conflict with another statute, the Open Public Meetings Act will control. Thus, four members of a seven-member council are needed to call a special meeting.

State Highways - What authority does a city have to regulate a portion of a state highway that runs through the city?

Cities and towns are authorized by state statute to regulate and enforce all traffic and parking restrictions on highways within city limits. However, any regulations that are not identical to state law must be approved by the state Department of Transportation before becoming effective. See RCW 47.24.020(1).

Obtaining An Attorney General's Opinion - MRSC Can Help!

MRSC can assist cities and towns in obtaining formal opinions on legal issues from the Office of the Attorney General. City and town officials are not eligible to request a formal opinion directly from the Office of the Attorney General. That office only responds to formal requests from state agencies, members of the legislature and county prosecutors. However, MRSC has a contractual relationship with a state agency, the Municipal Research Council. Through that agency MRSC may request opinions from the Office of the Attorney General on legal issues affecting cities and towns.

This service has been utilized very rarely in recent years, and it is not expected that many formal opinions from the Office of the Attorney General will be requested. However, if you have an issue that you feel warrants such an opinion, you may talk to a consultant at MRSC for guidance in the process.

Basically, the process involves two steps. The first is a review by the MRSC legal staff of the issue on which you would like to receive an opinion. The Office of the Attorney General will not respond to a question regarding the constitutionality of an enacted state law, to an issue that is the subject of a pending court case, or to an issue that is really a factual dispute. Using these criteria, the MRSC legal staff can help determine if the subject is appropriate for an opinion. Also, the legal staff can help you formulate your question into the correct format for requesting an opinion.

Next, if the subject is deemed to meet the legal criteria for an Attorney General's Opinion (AGO), it will be forwarded to the Municipal Research Council for their review. They will be considering two questions. First, is this an issue which primarily affects cities and towns? If it does not, then it is likely that another state agency or state legislator should directly request the opinion instead of the Municipal Research Council. SEcondly, is this issue of significant and widespread interest to cities and towns; or is it of limited interest to a relatively few municipalities? The Office of the Attorney General does not accept many questions for review. But if it is an issue of significant interest to a substantial number of cities and towns, then the Municipal Research Council could request a formal AGO to help guide city officials.

This is not a quick process, and so will not yield an immediate answer. But if it is an ongoing issue of significant concern, usually involving statutory interpretation, a formal Opinion from the Office of the Attorney General may be helpful and perhaps eliminate the need or risk of a lawsuit to resolve the issue.

The Information Age is Here

Are you just a little surprised? I was. It happened back in 1991. You see, in 1991, for the first time ever, American companies spent more money on computing and communications equipment than the combined total spent on industrial, mining, farm and construction equipment. So, now that we've entered the information age, we might reflect on what brought us here, and perhaps discuss what this means to us now and in the future. First, some statistics of interest.

During the early 1900s, 85% of our workers were in agriculture; today agriculture involves less than 3% of the workforce. In the 1950s, 73% of U.S. employees worked in production or manufacturing; now less than 15% do. As recently as the 1960s, almost one-half of all workers in the industrialized nations were involved in making (or helping to make) things; by the year 2000, however, no developed nation will have more than one-sixth to one-eighth of its workforce in traditional roles of making and moving goods. Things are changing!

There has been more information produced in the last 30 years than during the previous 5,000; a weekly edition of the New York Times contains more information than the average person was likely to come across in a lifetime during 17th-century England; and, the information supply available to us is doubling every five years.

The Department of Labor estimates that by the year 2000 at least 44% of all domestic workers will be in data services - for example, gathering, processing, retrieving, or analyzing information. Nationally, we already see workers moving in this direction and "knowledge" becoming our most important "product." This calls for different organizations.

As we float in a sea of information, it is obvious we could use a different perspective. I believe cities need to elevate information management in their thinking and planning. At a time when government has more data with a unique interrelatedness coming in, a repetitive planning process with deadlines and mandates from the state, and increasing costs for just about everything, it's time to look for opportunity in these trends.

Let's take a moment to discuss the six most critical success factors in an enterprise, and how information is a common thread throughout.

Six Critical Success Factors

A friend of mine once said, "Success is not an event; it's a process." With that understanding, I suggest that management issues are a process, and will show how information threads into the fabric of government and deserves a specific position in the management process.

Here are the significant components of a successful management process today:

  • Effective Strategic Planning (Goals and Objectives)
  • Managing the Financial Process
  • Selecting, Developing, and Retaining Quality People
  • Providing Excellent Customer Service
  • Operations (Delivery of Services)
  • Information Management Systems (A Link Among All Departments)

These functions are interrelated and require a relative balance in order to be most effective. None of them can stand alone. "Information" is the most powerful common thread. The following is a short illustration of these components; think about the information component as you read:

Effective Strategic Planning - Goals and Objectives

Most cities face at least two problems: first, a city has limited resources with a finite supply of money, time, and talent; sEcond, because cities typically have multiple objectives, they are likely to experience difficulty allocating these scarce resources to the various alternatives competing for their use.

Effective strategic planning, then, is one secret ingredient to success recognized as a critical activity. Such planning is the heart of this process, and guides choices that determine the nature and direction of our communities. It is even more critical for cities, because we lack the resources necessary to absorb the costs of mistakes, errors in judgment, or failure to anticipate changes.

Managing the Financial Process

Understanding, planning, and managing the financial process is a key success component. Poor performance is often related to the lack of attention to financial reports. Central to success today, and in the future, is an understanding of financial processes, forecasting, managing cash flow, and the ability to communicate to the staff and community on the financial condition of the city.

Selecting, Developing, and Retaining Quality People

I believe that "management" is the process of accomplishing organizational goals through people. Two important factors involved here are goals and people. Organizations are complex human ecosystems. Research shows that 85% of our results depend on the performance of others. I believe that no other asset can increase in value over time, like an employee. Providing quality decision-support tools will be an increasingly important part of this process.

Providing Excellent Customer Service

Excellent customer service is a successful exchange with our citizens, providing what they want and planning and managing all phases of the process for the best results. Other enterprises have discovered that integrating the customer service function with the company's strategic plan increases productivity. This strategic orientation will improve performance, a great management strategy.

Operations - Delivery of Services

These are specific tactics required to achieve the organizational goals and objectives within the strategies selected.

Information Management Systems - A Link Among All Departments

An effective feedback control system has the ability to accurately measure and monitor outcomes and results of operations on an ongoing basis and to compare them to the objectives established during the planning process. Also, an information system provides important data to aid in the decision-support process.

These areas are the backbone of management processes. Weaknesses in any or all of these can leadto a drop in results, or worse. The focus of our efforts must be on the success process; six critical functions balanced in order for our organization to perform and excel. The outcome of this process impacts tremendously on elected representatives, management, employees, and citizens alike. Information management is a powerful part of that process. As we discuss reinventing government, consider this quotation:

"We cannot become what we need to be by remaining what we are." - Max DePree

by Tom Drummond, Mayor, City of Newcastle

New Acquisitions

Economic Development

Stemming Middle-Class Decline: The Challenges to Economic Development Planning, by Nancy Green Leigh, New Brunswick, New Jersey, Center for Urban Policy Research, 1994, 218 p. [ED 5.0000 S825 1994].

Finance

City of Everett Fund Management Manual, prepared by City of Everett Finance Department, Everett, WA, May 1992, 1 v. (Association of Washington Cities Municipal Achievement Awards), [G 9.7100 A8 E9 1993].

An Introduction to Broker/Dealer Relations for State and Local Governments, by M. Corinne Larson, Chicago, Illinois, GFOA, Apr 1994, viii, 32 p. [F 7.3200 I565 1994].

Parks and Recreation

Boards and Commissions: Capturing the Power, by Terry Higashiyama, Washington Recreation and Parks Association (WRPA), Renton, WA, 1994, 1 v. [P 1.1000 B625 1994].

Planning

The Economic Impact of Local Comprehensive Plans, by Marya Morris, Chicago, Illinois, APA, Dec 1994, 4 p., Public Investment, 1994 PAS Memo index, p. 4. [PL 0.0000 A6pi 12/94].

Planning Made Easy: A Manual for Planning Commissioners, Members of Zoning Boards of Appeal, and Trainers, by William Toner, Efraim Gil, Enid Lucchesi, et al. Chicago, Illinois, APA Planners Press, 1994, 1 v. Training program of 25 lesson plans ["modules"], [PL 1.0000 T555 1994, pt.1 and pt.2 VID].

Public Safety

City of Federal Way, City of Burien, City of Seatac Police Services Study: Phase II Final Report, submitted by Public Safety Strategies, Portland, OR, May 1994, 1 v. [PS 6.1000 P685 1994].

Transportation

Designing for Transit: A Manual for Integrating Public Transportation and Land Development in the San Diego Metropolitan Area, prepared by the Metropolitan Transit Development Board (MTDB), San Diego, CA, 1993, 1994, 48 p. [PL 5.2500 D465 1993].

MRSC Online News

Officials of cities and towns in rural areas may now access MRSC Online via the Rural Development Network's (RDN) toll-free number. You may also log onto MRSC Online via RDN's gateway from the Internet. If you would like to be set up to use the RDN, and you are already an MRSC Online subscriber, please let me know online or by telephone. If you are not yet a subscriber, please call the MRSC receptionist for an application form.

We have recently dropped the price for CD LAW subscriptions for cities and towns with populations below 5,000 to $100 for July 1 - June 30, or $60 for half-year subscriptions. CD LAW is updated quarterly, and contains the full-text of the Revised Code of Washington, the Washington Administrative Code, Washington state case law, the Attorney General's Opinions, and several other legal databases. If you are interested in subscribing, please contact the MRSC receptionist for an application form.

AWC has begun posting many of their bulletins online. In particular, you may now download the "Legislative Bulletin" Friday afternoons after 3:00 p.m. Feel free to call me for assistance in downloading a file. If you use the communications software provided by MRSC (DWComm), and your modem is not on the first serial port, please call for information on making a change to your configuration file.

Each city and town should have received a copy of our most recent publication, The Appearance of Fairness Doctrine in Washington State, on a diskette. If you have not seen the file, please check with your city clerk. We have also posted the publication online so that you may download it. In the future, we will post all our publications on the bulletin board, enabling us to update them more frequently than the paper copies. To view and search the electronic copy of the publication, you will need to use the Adobe Acrobat Reader. We have supplied a copy of the Reader to each city. The program may also be downloaded from the BBS.

We are always interested in your comments and suggestions about the types of information you would like to see online. Please don't hesitate to call us or leave us a message.

by Fred Ward, MRSC Information Systems Specialist

Provide Information and Services to Your Citizens Electronically

We are in the early stages of organizing two presentations for this June's AWC convention on the topic of public access. Most broadly, "public access" involves cities providing citizens with electronic access to city information and services. The methods of access include electronic kiosks, the Internet, fax-back, and an electronic bulletin board system. We plan to meet with several information services managers from cities involved in public access projects in the near future to begin organizing presentations for the convention. The sessions will be geared toward policy makers and will be non-technical. Preliminary ideas for presentations include a description of public access, methods of providing it, current projects underway by Washington cities, and a discussion of policy issues. If you are interested in learning more about public access, you might plan on attending these workshops at the convention to be held in Seattle in June.

Also on the topic of public access, we are helping the State Department of Information Services (DIS) to organize two teams to assist local governments in developing public access systems. The Local Government Kiosk Application Team will design local government screens to be added to the WIN (Washington Information Network) kiosk system. This should enable more cities, including smaller cities, to post information and perhaps provide services via an existing kiosk system. The Public Access Technical Guidelines Team will work to integrate the various public access systems that are being developed by cities, counties, and the state. This team will work to develop standards so that, for example, the state system can be accessed via city systems, and vice versa. If you or someone in your city is interested in working on one of these teams, please contact Fred Ward at MRSC.

Sales Tax Equalization for 1995 and 1996

The sales tax equalization payments certified for 1995 are given in the accompanying table. The 70 percent figure for the first half cent of the sales tax, to which payments were equalized for 1995, is $54.93. Every jurisdiction which earned a per capita sales tax for the first half cent that is less than this amount will receive an equalization payment in 1995 that makes up the difference. The Department of Revenue multiplied this difference by each city's April 1, 1994 population. And if your city levies both half cents of the sales tax, the department doubled the payment.

Some reminders. The payments, which are made in January, April, July, and October, will not be in equal amounts. The funding source for the equalization payments is 4.75 percent of the state's collection of the motor vehicle excise tax. The Department of Revenue distributes all the revenue that is deposited in the municipal sales and use tax equalization account as it comes in. If there are excess funds after all the equalization cities have received their certified amounts, they will be distributed to all cities and towns in the state on a per capita basis.

If your city has a "one-time" sales tax increase this year (probably due to new construction), this will result in lower equalization payments next year. This year you will receive higher revenues than normal from the higher sales tax and the relatively high equalization payments which are based on your 1994 sales tax. Remember that next year, your revenues will be lower because your sales tax will have returned to "normal," and the equalization payments for which you will be certified will be lower, reflecting the higher per capita sales tax earned in 1995.

Update for 1996

In our publication, Budget Suggestions for 1995, we warned you that cities will be getting less sales tax equalization in 1996 than their certified amounts. This will occur because Shoreline and University Place, two new cities that will incorporate in late 1995, will, based on their incorporation studies, qualify for large equalization payments. If the incorporations of Lakewood and Edgewood are approved on March 14, they too will qualify for equalization. For the first time since sales tax equalization was instituted in 1982, there will not be enough money in the municipal sales and use tax equalization amount to pay every city the full amount for which it qualifies.

At the present time, we are forecasting that the 70 percent figure will be $55.62. Every city that qualifies for equalization will receive 100 percent of the funds for which it is certified on the first half cent of the sales and use tax. However, our current forecast shows that cities and towns that levy the sEcond half cent of the sales tax, will receive only 72 percent of the funds for which it is certified on that half cent. If the Lakewood and Edgewood incorporation votes are successful, this amount will fall to 57 percent. Obviously there will be no excess funds to distribute to all cities in October.

We will discuss the methodology behind these forecasts more thoroughly in Budget Suggestions for 1996, which will be distributed in August. However, note that the forecasts are based, in part, on the estimates made of sales tax earned in the incorporation studies. We won't really know how much sales tax each newly incorporated city will earn (and how much sales tax equalization it will qualify for) until it actually begins collecting the sales tax.

by Judith Cox, MRSC Finance Consultant

Airway Heights 53,134.82
Albion 63,878.50
Algona 83,235.62
Almira 8,001.58
Asotin 42,970.21
Bainbridge Is 763,512.27
Beaux Arts 16,354.75
Benton City 75,486.37
Black Diamond87,270.92
Bonney Lake 409,078.37
Bridgeport 144,583.80
Brier 592,245.16
Buckley 202,474.72
Bucoda 51,949.09
Burien 482,729.68
Carbonado 49,513.42
Carnation 22,587.50
Cashmere 95,128.94
Castle Rock 26,070.53
Cheney 252,127.22
Chewelah 66,942.19
Clyde Hill 280,071.89
Colfax 69,166.87
College Place 573,671.46
Colton 28,756.05
Conconully 11,309.39
Concrete 37,438.39
Connell 139,830.41
Coulee Dam 76,288.22
Coupeville 5,916.89
Creston 19,170.15
Cusick 11,682.67
Darrington 46,527.46
Davenport 31,253.58
Dayton 109,246.04
Deer Park 10,284.34
Des Moines 1,512,090.84
Duvall 149,511.62
Edmonds 879,261.37
Electric City 81,782.38
Elmer City 29,992.73
Endicott 14,851.17
Entiat 26,478.93
Ephrata 115,356.24
Everson 42,629.88
Fairfield 21,545.50
Farmington 8,483.88
Federal Way 510,595.76
Ferndale 28,313.94
Fircrest 482,982.29
Forks 85,303.82
Garfield 40,958.97
George 19,631.98
Gold Bar 88,560.02
Goldendale 58,989.58
Grandview 428,894.25
Granger 187,335.10
Hamilton 20,923.85
Harrah 37,483.86
Harrington 31,010.06
Hartline 16,783.12
Hatton 7,964.70
Hoquiam 452,558.14
Hunts Point 23,287.01
Ilwaco 4,467.89
Index 4,638.79
Ione 23,900.16
Kahlotus 20,001.29
Kettle Falls 45,625.21
Kittitas 86,651.32
Krupp 6,858.16
La Center 13,789.68
La Crosse 10,751.32
Lake Forest Park 188,941.64
Lake Stevens 244,386.88
Lamont 8,739.65
Latah 7,409.90
Lyman 12,933.25
Mabton 150,966.76
Malden 20,447.15
Mansfield 27,631.98
Marcus 14,762.40
Mattawa 98,798.24
McCleary 112,934.66
Medical Lake 245,841.86
Mercer Island 1,080,571.75
Mesa 10,996.26
Metaline 13,776.14
Metaline Falls 7,465.70
Mill Creek 360,814.13
Montesano 22,590.37
Mossyrock 22,559.33
Mountlake Terrace 1,341,408.95
Moxee 26,265.23
Mukilteo 702,354.32
Napavine 70,377.64
Nespelem 9,855.74
Newport 1,338.40
Nooksack 45,963.55
Normandy Park 585,639.25
North Bonneville 40,997.36
Northport 20,280.23
Oak Harbor 622,681.25
Oakesdale 33,517.33
Oakville 44,798.72
Odessa 5,774.17
Orting 107,915.65
Pacific 389,404.66
Palouse 65,611.50
Pateros 21,385.53
Pe Ell 39,574.35
Pomeroy 50,765.43
Prescott 20,791.11
Pullman 893,214.85
Rainier 108,428.54
Raymond 34,293.32
Reardan 19,931.63
Republic 3,955.51
Ridgefield 76,260.43
Ritzville 12,845.27
Riverside 19,218.56
Rock Island 30,013.83
Rockford 16,953.61
Rosalia 42,729.27
Roslyn 43,057.53
Royal City 53,043.51
Ruston 29,994.78
Sedro-Woolley 40,193.92
Selah 112,146.93
Soap Lake 84,084.60
South Bend 75,789.08
South Cle Elum 23,606.75
South Prairie 28,096.40
Sprague 783.51
Springdale 2,968.98
Starbuck 7,181.18
Steilacoom 397,708.29
St. John 9,064.70
Sultan 130,665.71
Tekoa 47,593.65
Tenino 55,895.81
Tieton 40,946.34
Toledo 16,141.08
Toppenish 415,593.98
Uniontown 16,471.23
Vader 42,281.57
Waitsburg 80,600.66
Walla Walla 311,673.33
Wapato 193,382.74
Warden 97,095.69
Washougal 55,254.38
Washtucna 17,793.65
Waterville 52,836.54
Waverly 4,680.34
West Richland 328,256.41
Westport 44,162.64
White Salmon 38,428.30
Wilbur 30,966.47
Wilkeson 30,092.21
Wilson Creek 17,627.81
Winlock 30,830.55
Woodway 67,262.71
Yacolt 59,979.73
Yarrow Point 76,380.35
Zillah 128,429.88
Total 22,156,291.44

New Ordinances

Adult Entertainment - Spokane Ordinance No. C-31261 amends ordinances C-30808 and C-31010 enacted to regulate and license adult entertainment establishments with arcades to bring them into compliance with the court's order in Spokane Arcades v. City of Spokane. Passed 12-94.

Kennewick Ordinance No. 3563 adds a new chapter to the municipal code regulating adult concessions: class, definitions, licensing, requirements, live adult entertainment establishments, mini-theaters and motion picture theaters, adult panorama theaters, and standards of operation and conduct. Passed 10-95. (LR 2.4000)

Aircraft - Model Airplanes - Tumwater Ordinance No. O94-036 regulates the use of radio controlled model airplanes and limits their "flying and/or operation" to one public park, Pioneer Park. Passed 11-94. (P 1.3000)

Union Gap Ordinance No. 1812 relates to airfield safety and frequency control rules for model radio controlled aircraft. Passed 11-94. (LR 4.0000)

Beekeeping - Fircrest Ordinance No. 1073 permits beekeeping within the city pursuant to certain conditions and establishes enforcement and right of entry for inspection. Passed 7-94. (PS 9.1045)

Bicycles - Toppenish Ordinance No. 94-22 prohibits riding of bicycles on downtown business district sidewalks except by a police officer; allows bicycle riders on sidewalks in other areas; givespedestrians the right-of-way on sidewalks. Provides for notice to be issued on the uniform citation for motor vehicle traffic infractions. Sets civil infraction penalties and procedures to request a hearing. Passed 9/94. (T 3.5000)

Bus Conduct - Medical Lake Ordinance No. 788 amends code to add provisions covering smoking, destruction of property, raucous, harmful or harassing behavior and defines "municipal transit station" in accordance with RCW 35.58.272. Passed 10-94. (PS 7.4270)

Spokane Ordinance No. C-31214 defines and describes unlawful bus conduct as a misdemeanor on a municipal transit vehicle or at a municipal transit station including but not limited to park and ride lots, transit centers, tunnels and bus shelters. Passed 9-94. (PS 7.4270)

Curfew - Tacoma Ordinance No. 25629 adds new chapter 8.109 to municipal code, entitled Curfew Hours for Minors, consisting of ten sections: Definitions, Offenses, Defenses, Enforcement, Temporary Custody Procedure, Violations, Severability, Third Party Liability, Evaluation, and Effective Date (January 1, 1995) and Expiration. Sets procedures for annual review and an expiration date of December 31, 1995, unless the City Council, by resolution, extends the ordinance to a certain date. "Substitute No. 2" version, amended 11/15/94. Passed 11/15. (PS 7.4271)

Environmental Performance Standards - Lacey Ordinance No. 1005 amends city code on responsibility of property owners to conform with environmental performance standards; authorizes emergency mitigation measures by the enforcing officer. Passed 11-94. (PL 8.3630)

Housing - Accessory Dwelling Units - Tacoma Ordinance No. 25624 amends and adds new section to municipal code entitled "Accessory Dwelling Units" (ADUs); provides definitions, intent, application procedures: fees, affidavit, permit, concomitant agreement, inspection, notification, reports, and violations. Details requirements, such as number of ADUs, occupancy limits, location, composition, size, ownership and residency, design, off-street parking space, home occupations, and legalization of nonconforming ADUs. Substitute version amended 11/8/94. Passed 11/94. (HO 4.1100)

Clyde Hill Ordinance No. 706 adopts regulations for permitting accessory dwelling units in single family zones; adds new chapter 17.39 to the municipal code. Passed 1-95. (HO 4.1100)

Impact Fees - Stanwood Ordinance No. 913 amends ordinance no. 886 establishing and implementing standards for fire service facilities and formulas for use in mitigating the impacts of property development on fire facilities and establishing impact fees. Passed 12-94. (PS 3.1050)

Tumwater Ordinance No. O94-038 authorizes collection of impact fees for community parks, roads, and schools for that portion of the city that is served by the Olympia School District. Passed 12/94. (PL 2.1420)

Minors - Unattended in Vehicles - Fircrest Ordinance No. 1060 prohibits leaving of minors unattended in a vehicle within the city. Passed 2-94. (PS 7.4290)

Personnel Policies - Vehicle Use - Mountlake Terrace Resolution No. 472 amends Personnel PolicyHandbook on the use of city vehicles for city purposes; outlines conditions for reimbursement and use of private vehicles;establishes rules for assignment of vehicles during off-work hours for use by certain standby or supervisory personnel; limits overnight commuting in city vehicles by the City Manager or authorized supervisory personnel to not more than 15 nights per year. Passed 12-94. (PE 6.7000)

Recycling - Storage Space Requirements - Duvall Ordinance No. 740 mandates recyclable storage space requirements for residential and non-residential projects; provides location and design guidelines that will assist in development of storage spaces. Passed 12-94. (UR 1.1200)

Refuse Cans - House Numbers Required - Soap Lake Ordinance No. 824 requires that every building receiving residential garbage collection display, on the garbage cans, house numbers that meet certain specifications. Passed 6-94. (UR 1.1150)

Rodent Control - Fircrest Ordinance No. 1074 establishes provisions for rodent control and prevention. Passed 7-94. (PS 9.1060)

Side Sewer Contractor Roster - Redmond Ordinance No. 1805 amends code and creates an annual roster of contractors approved by the city to construct or repair side sewers; describes application process and eligibility, bond, and insurance requirements; application and annual fees to be set by council resolution. Passed 11/94. (US 2.0000)

Sidewalk Maintenance - Soap Lake Ordinance No. 840 provides mechanism for abutting property owner to notify city of sidewalk maintenance needs, investigation procedures, and determination procedures by city council regarding sidewalk repairs. Passed 1-95. (S 4.2000)

Special Events - Duvall Ordinance No. 729 establishes a permit system for special events; creates a special events committee; adopts standards for the issuance of special events permits; allows for permit conditions; establishes insurance and indemnification requirements. Passed 10-94. (S 5.0500)

Tattoo Establishments - Port Angeles Ordinance No. 2846 requires permits for tattoo shops; sets requirements for buildings where tattooing is done; establishes tattooing procedures and sterilization requirements including disposal of blood contaminated material and used needles in accordance with biohazard standardsin Federal OSHA and State WISHA regulations. Requires permanent records to be maintained for each patron. Makes it unlawful to tattoo a person under the influence of liquor or drugs or to tattoo a minor under the age of eighteen without written consent of parent or guardian. Passed 12/94. (LR 87.0000)

Water - Billings - Leak Adjustment - Battle Ground Ordinance No. 94-754 sets procedures and a formula to be used in making adjustments in water bills in cases where a broken pipe on the customer's premises have caused a large consumption of water. Requires inspection by public works employees. Passed 11-94. (UW 5.1000)

Resource Sharing - City Information Partnership Program

While our primary goal is to share resources, the technique of "Documentation" is certainly applicable to the Information Partnership Program.

The documentation cycle is best described in three parts. First, publications are produced by the originator for use within an organization or with limited outside distribution. However, there are other individuals or groups who could make good use of the documents, but have no idea that they exist. Documentation is the process that supplies the essential link between the two groups.

The linking aspect of documentation centers on creating bibliographic records of publications and distributing this information to specialized groups or the general public. It involves searching, locating, obtaining, classifying or indexing, organizing, preparing bibliographic entries (print and electronic formats), reproducing, and communicating. Finally, there is the ordering and delivery system that places the publication in the hands of the "right" person. And you thought that we were just sharing!

Speaking of sharing, the January 23, 1995, Information Partnership Letter asked for annexation petitions and forms, travel policies and forms, ordinances or programs on developing bicycle and pedestrian trails, and plans and specifications for city buildings, such as city halls, fire or police stations, community centers, and libraries. In response, MRSC has received a stack of material-more than six inches high-from fifteen cities as follows:

Annexation petitions, forms, pamphlets, and brochures:

Deer Park, Des Moines, Omak, Shelton, Steilacoom, Vancouver, Wenatchee, Yakima.

Travel policies and forms:

Anacortes, Castle Rock, Dayton, Des Moines, Grand Coulee, Leavenworth, Omak, Shelton, Soap Lake, Steilacoom, Winthrop, and Yakima.

Project manuals, specifications and plans:

Anacortes-Fire Station: Buildings #1 & #2, 1 v.; project manual including specifications for construction prepared by Don L. McKee and Associates, Architects. Folded plans. Various dates, 5/13/92, (PP 6.3000)

Anacortes-Project Manual: Fidalgo Center, 1 v.; specifications and plans for the Fidalgo Center consisting of the Anacortes Seniors Center and the Anacortes Headstart Classrooms designed by Marc L. Estvold, Architect, 5/1/94, revised 7/1/94. Folded floor plans, 7/1/94, (PP 6.2000)

Des Moines-Master Plan: New Police Service Center and City Service Center Remodel, 1 v.; analyzes building parameters, programs and gives cost estimates, Arai/Jackson, Architects & Planners, 8/94, (PP 6.4500)

Leavenworth-Project Manual for Leavenworth City Hall & Library, 1 v.; bid documents, constructionconditions and requirements, prepared by The Lewis Architects, 2/7/94, (PP 6.2100)

Camas-Specifications for Camas Municipal Shops and Maintenance Yard: Job No. 92035, 1 v., Project No. 622, Job No. 92035, by JKS Architects PC, Portland, OR, Gerald H. Williams, Architect, with Addenda and set of construction blueprints, 6/14/93, (PP 6.5000)

Steilacoom-Administrative Building: Concept Design Study - Final Draft, 1 v.; architectural program addressing objects and discussing design issues, relationships and considerations for the Administration Building, Town Hall and site with estimates, diagrams, floor plans, by Architects Kubota/Kata, 1/3/95, (PP 6.2000)

Steilacoom-Community Center: Concept Design Studies, 1 v.; identifies issues, alternatives, space needs; includes site analysis, programming, diagrams, floor plans, and cost estimates, by Architects Kubota/Kata, Inc., PS., 12/23/94, (PP 6.2300)

Steilacoom-Public Safety Building Facility Program & Schematic Design Proposal, 1 v.; analyzes existing buildings especially in areas of noncompliance with ADA, discusses the need for complete renovation and addition to the facility; includes detailed drawings and floor plans, 9/22/93, (PP 6.4500)

Vancouver-Marine Park Water Reclamation Facility Administration and Maintenance Building: Project Manual, 1 v.; bidding requirements and specifications, prepared by Architects Associative, Inc., 12/94, (PP 6.5000)

Vancouver-Marine Park Water Reclamation Facility Administration and Maintenance Building: Contract Documents, 1 v.; construction specification drawings, details, floor plans, maps, by Architects Associative and subcontractors, 12/94, (PP 6.5000)

Bicycle trails or pedestrian paths:

Deer Park-Crawford Avenue Pathway, Phase I, 3 p., foldout; maps of "Schedule 'P,' Pedestrian Pathway Plan" showing routes and construction details, 3/94, (S 2.4000)

Des Moines-Resolution No. 728, 1 p. & map; designates public rights-of-way as bicycle routes, officially adopts the attached map as the city's "Existing and Proposed Bike Route Plan," 4/8/93, (S 2.4000)

Des Moines-Resolution No. 743, 1 p. & map; adopts the official sidewalk route map, states that unopened city streets not shown on the map are considered sidewalk routes, 9/23/94, (S 4.0000)

Other material received:

Interlocal Agreement for the Operation of the 911 Central Communications Center, 8 p.; text of agreement to establish and operate "Cen Com E911" to be signed by cities, towns, fire and hospital districts, other agencies, and county commissioners of Grant County, (copy signed by Soap Lake,1/18/95), 12/22/94, (PS 5.1000)

If any of the reports or documents are of interest, call the MRSC Library at 1-800-933-6772 or (206) 827-4334 and place your request.

by Paul Steere, Information Partnership Coordinator