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MRSC PUBLICATIONS › NEWS › Municipal Research News - September 1994
 

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Municipal Research News

Resources for Washington's Cities and Towns
September 1994

Articles

Cities and Gun Regulation

Washington cities have limited authority to regulate firearms due to the state's preemption of local regulation. This means that municipalities cannot enact laws that are inconsistent with, more restrictive than, or exceed the requirements of state law. All local firearm ordinances must be consistent with state law or be specifically authorized by state statute. This article will highlight the types of local regulation authorized by state statute.

In 1994, the legislature made a number of changes in firearm regulation. The state of Washington still occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader compartments.

Cities, towns, and counties or other municipalities are only allowed to enact laws and ordinances relating to firearms that are specifically authorized by state law. Local ordinances must have the same penalty as provided for by state law. Any local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality. See RCW 9.41.290.

This very broad preemption by the state clearly indicates that cities can only enact local ordinances that are specifically allowed under state law.

Types of Local Regulation Permitted Under State Law

Cities are authorized to enact ordinances which restrict the possession of firearms in any city-operated stadium or convention center. But these prohibitions do not apply to law enforcement or security personnel, or licensed persons who obtain permission to possess a firearm at that facility. See RCW 9.41.300(2)(a).

Cities are also allowed to restrict the discharge of firearms in any area where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. However, a city may not adopt an ordinance that abridges the right of any individual guaranteed by the state constitution to bear arms in defense of self or others. Many cities have enacted ordinances in response to this provision. Although some cities have prohibited the discharge of firearms anywhere within city limits, it is not clear if such a broad prohibition is permissible. See RCW 9.41.300(2)(b).

Recent Legislation Affecting Cities

The 1994 legislative amendments to ch. 9.41 RCW provide cities with several other methods ofexemption from state regulation. (See Section 405, ch. 7, Laws of 1994.)

One of the newly enacted amendments prohibits the carrying of a firearm unless it is unloaded and enclosed in a case. Under this provision, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper. However, this "case and carry" restriction does not apply to a person who:

  • is licensed to carry a concealed pistol
  • is in attendance at a hunter's safety course or a firearms safety course
  • is practicing the use of a firearm or target shooting at a legally established range
  • is engaging in a lawfully organized competition involving the use of a firearm
  • is participating in or practicing for a performance by an organized group that uses firearms as a part of the performance
  • is hunting or trapping under a valid license
  • is in an area where the discharge of a firearm is permitted
  • is traveling with any unloaded firearm in the person's possession to or from any activity described above
  • is traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, secured in a gun rack, or otherwise secured in place in a vehicle
  • is on real property under the control of the person or a relative of the person
  • is at his or her residence
  • is an on-duty member of the armed forces of the United States, national guard, or organized reserves
  • is a law enforcement officer
  • is carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair. See RCW 9.41.050.

Any city, town, or county may enact an ordinance to exempt itself from the prohibition of carrying a firearm unless it is unloaded and in an opaque case, and a number of Washington cities have elected to do so. At this time, MRSC has received only one such ordinance from the city of Newport. (Newport Ordinance No. 852.)

Another recently enacted amendment to RCW 9.41.300 allows cities to restrict the location of businesses selling firearms to "not less than 500 feet" from primary or sEcondary school grounds.

A final area of local firearm regulation has been established by caselaw and applies to employees carrying weapons in the workplace. According to our state supreme court, state law does not preempt a municipal employer's authority to adopt reasonable rules regulating or prohibiting employees from possessing firearms while on the job or in the workplace. See Cherry v. Metro Seattle, 116 Wn.2d 794 (1991).

All of the new firearm legislation became effective on July 1, 1994. Please give MRSC a call if you'd like copies of any of the new legislation.

Pamela K. James, Legal Consultant

MRSC News

Municipal Research & Services Center has two new board members, Jim Lynch and Barbara Harrar. Jim was the mayor of the city of Wenatchee from 1978-1994 and Barbara has been the mayor of Harrah since 1977. The MRSC Board also has new officers: President - Nan Henriksen, who has been actively involved in government for a number of years; Vice-President - David Stevens, who has many years of experience in developing and implementing public policy and programs; and Secretary - Joan Earl, who is currently Deputy County Executive for Snohomish County. We are very fortunate in having these individuals serving as members of the MRSC Board. Thank you!

Introduding....

The Municipal Research & Services Center welcomes the addition of four new members to our staff.

Ron Bartels, Public Policy Consultant

Ron joined the Center in June 1994. He brings to us many years of experience as a generalist municipal manager, having served for 10 1/2 years as Assistant City Manager of Vancouver.

Prior to his work in Vancouver, he worked as a consultant in Saudi Arabia, served as city manager of Watsonville, Corte Madera, and Eureka, California, and worked as a staff member in Pasadena, San Diego and Eureka. He also handled consulting assignments for several cities, as well as for the state of California, and the League of California Cities.

Ron has his B.A. degree in government and Economics from Pomona College, and his M.A. degree in political science from the University of California, Berkeley. Ron and his wife, Judy, are in theprocess of moving from Portland, Oregon to the Seattle area. They have three grown children. Ron enjoys cross-country skiing, classical choral singing, and is an avid railroad fan and model railroader.

Terri Epeneter, Administrative Secretary

Terri began working at MRSC in June of 1994. She is originally from Redmond and has just returned to Washington after spending four years at the University of Arizona. She received her B.A. degree in Psychology and English this past May.

While she has had previous work experience during college and high school, this is her first real step into the working world. The shock of paying bills and getting up every morning at 6:00 a.m. is finally beginning to wear off.

Terri is interested in eventually furthering her education by obtaining a Masters Degree in Psychology or possibly attending law school.

Paul J. Steere, Librarian/Information Specialist

Paul joined the MRSC team in May 1994. He holds Master of Librarianship and Bachelor of Arts degrees from the University of Washington.

Since 1992 and prior to joining MRSC, he worked as a Reference Librarian in Snohomish County and has part-time faculty status with the North Seattle Community College Library. From 1974 to 1991, he held diplomatic appointments as the USIA Regional Library Officer at several American Embassies and was awarded a four-year contract as the Cultural Affairs Officer for the American Institute in Taiwan. He also headed USIA's worldwide system of 134 libraries in Washington, D.C.

Prior to joining the Foreign Service, Paul was a civilian Administrative Librarian for the Air Force and the Army. Earlier, he was a librarian at Seattle Central Community College and Seattle Public Library, and served in Vietnam and Japan as a Staff Sergeant, Army Intelligence.

Paul is responsible for MRSC Library Technical and Information Services and reference inquiries. He is also the Coordinator for the Information Partnership Program with more than 50 Washington cities.

Paul and his wife, Ying, have recently purchased a home in Bothell. They have two sons, both graduates of the U of W.

Carol Tobin, Research Librarian

Carol joined MRSC in the summer of 1993 as a library intern. In October 1993, she became a member of the permanent library staff as Assistant Librarian. Carol has master's degrees in Library Science and Urban Planning from the University of Washington and a B.A. in Fine Arts from Middlebury College in Vermont. She worked as a library reference assistant at the University of Washington Libraries Government Publications Division from 1991-1993.

In addition to her library background, Carol has more than 15 years of experience as a planner, including work for King County as a community planner. Since 1985, she has been an independent planning and cultural resources consultant. Most of her consulting projects have been for local government. A few selected projects include recommending a neighborhood planning and assistance program for Seattle, a cultural resources survey project for Bellevue, and developing a neighborhood design guidelines handbook for Seattle. She has written two books, Downtown Seattle Walking Tours and Seattle's Waterfront: The Walker's Guide to the History of Elliott Bay (co-author).

Carol serves as a member of Seattle's Landmarks Preservation Board. In her free time, Carol enjoys cross-country skiing, sea kayaking, and sailing.

Ask MRSC

Annexation Procedures - Did new legislation exempt annexations from the SEPA process?

Yes. Annexations are now completely exempt from the SEPA process, including the checklist requirements. See section 19 of Chapter 216, Laws of 1994, effective April 9, 1994.

Business License - May a city deny a business license if the applicant is a convicted felon?

It depends upon the circumstances. A city may deny a business license to a convicted felon if the felony relates to the type of business for which the license is sought. RCW 9.96A.020. For example, a city could refuse to issue a business license for a tax preparation business to a person convicted of tax fraud. On the other hand, a city could not deny that same person a license for a dry cleaning business.

Candidate Interviews - May the city council meet in executive session to interview candidates for appointment to a vacant council or mayor position?

No, although the council may discuss the qualifications of the candidates in an executive session. The interviews must be in an open public meeting, as must the vote to select the person to fill the vacancy. See RCW 42.30.110(1)(h).

Council Voting - Does a mayor pro tem retain his or her right to vote on an ordinance before the council?

Yes, in sEcond class cities, towns and code cities, a councilmember appointed as mayor pro tem retains his or her councilmanic vote on all issues which come before the council.

City Manager Salary - In a code city, can the salary of the city manager or city administrator be paid from both the general fund and a utility fund?

Yes, and some other administrative salaries can also be split. RCW 35A.33.122 provides as follows:

Whenever any code city apportions a percentage of the city manager's, administrator's, or supervisor's time, or the time of other management or general government staff, for administration, oversight, or supervision of a utility operated by the city, or to provide services to the utility, the utility budget may identify such services and budget for reimbursement of the city's current expense fund for the value of such services.

Firearms Regulation - Can the city impose a fee for processing a firearms dealer license application, or for processing a concealed pistol permit?

The state has almost totally preempted the field of firearms regulation. New legislation amended RCW 9.41.110 and 9.41.070 and numerous other statutes concerning firearms regulation. The fees for permits have been changed, and cities have additional responsibilities for collecting fees. Unfortunately, the entire $125 fee collected for a firearms dealers license must be sent to the state Department of Licensing, and the city is prohibited from charging any additional fee to cover the time and effort expended by the city in processing the permits or applications. Concealed pistol permits are handled differently: of the total $50 fee, the agency which does the fingerprinting gets $10, and the city issuing the permit gets $15. (If the city police department does the fingerprinting, then the city will get a total of $25.)

Firearms Regulation - What types of assault weapons are banned under the new federal crime bill?

The new federal legislation makes it unlawful for a person to "manufacture, transfer, or possess a semiautomatic assault weapon." The term "semiautomatic assault weapon" means any firearms, or copies or duplicates of firearms known as:

Norinco, Mitchell, and Poly Technologies Automat Kalashnikovs (all models); Action Arms Israeli Military Industries UZI and Gali; Beretta Ar 70; Colt AR-15; Fabrique National FN/FAL, FN/LAR, and FNC, SWD M-10, M-11, M-11/9, and M-12; Steyr AUG; INTRATEC TEC-9, TEC-DC9 and TEC-22; and revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12.

Also included within the definition of "semiautomatic assault weapon" are:

semiautomatic rifles with an ability to accept detachable magazines; semiautomatic pistols with anability to accept detachable magazines; and semiautomatic shotguns with an ability to accept detachable magazines and a fixed magazine capacity in excess of 5 rounds.

These prohibitions do not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date the new law goes into effect (the date it is signed by the President).

Home Occupation Permits - Can a city require that a home day care facility for less than 12 children obtain a home occupation permit?

Probably not, due to recent legislation, Chapter 273, Laws of 1994. The city cannot impose any requirements on such home day care facilities which are also not imposed on all other residences in that zone. For example, if an adjoining neighbor wants screening from a home day care facility, the neighbor will have to build a fence; the city cannot require a person operating a home day care to construct a fence as a condition for issuance of a home occupation permit. A city's authority to regulate small, in-home day care is limited to regulation of sign placement at the residence.

Junk Vehicles - How do other cities deal with junk vehicles which do not meet the strict definition established by RCW 46.55.010?

The legislature has just made it easier for cities to deal with such problems, by amending the definition of "junk vehicle" in the statute. It is now irrelevant whether the vehicle is currently registered and licensed. The vehicle only has to meet three of the four remaining criteria in the statute. See Chapter 176, Laws of 1994. Each city wishing to take advantage of this new definition will need to pass an ordinance to bring the city's regulations into compliance with the new statute.

New Legislation - When will the new laws passed by the legislature be printed as statutes in the RCW volumes?

The state code reviser's office has the task of taking all the new legislation and technically fitting it into the existing RCW publication. In several months, the new volumes will be printed and ready for distribution. Until then, if you need copies of any particular legislation, you can contact MRSC or AWC. Until the codification is officially printed, many of the amended statutes have to be referred to as sections of the session laws. (For instance, section 19 of Chapter 216, Laws of 1994 exempts annexations from the SEPA process - there is no RCW statute number yet assigned to that legislative enactment.)

Performance Bonds - May the city require a performance bond from a school district which is constructing a buildingwithin the city?

No, that is specifically prohibited by RCW 35.21.470, which was passed in 1993. It prohibits a city or town from requiring a state agency or unit of local government to secure the performance of a permit requirement with a surety bond or other financial security device as a condition for issuance of a permit for a building construction project. A school district is considered a unit of local government.

Pulltabs/Gambling - May a tavern that allows pulltabs continue such gambling if it is annexed by a city that prohibits pulltabs?

The state gambling commission has taken the position that the tavern may continue with pulltabs until their state license for such activities expires. This issue has not been addressed by the state appellate courts.

Recycling - What are other cities doing? What markets exist for various types of solid waste?

MRSC has a number of articles and surveys on this topic; call to obtain access to our library materials.

Rezone Proceedings - Is the city council required to issue findings of fact and conclusions of law when ruling on a request for a rezone?

Yes. The findings of fact and conclusions of law are necessary so that if the council's decision is appealed, the superior court will have an adequate basis for reviewing whether the council's action is arbitrary, or whether it is supported by the record.

Solid Waste Rate Increase - What notice must cities provide, under new legislation, before increasing solid waste collection rates?

New legislation requires cities that contract for solid waste collection service, or provide it themselves, to notify the public of proposed rate increases for that service. The notice may either be mailed to each affected ratepayer or published once a week for two consecutive weeks in a newspaper of general circulation in the collection area. The notice should be provided at least 45 days prior to the proposed effective date of the rate increase. See section 3, Chapter 161, Laws of 1994.

Termination of Utility Service - Must a city give notice to a tenant before shutting off utility service at the request of the landlord who has the utility account, or when the landlord fails to pay the bill?

Although there have been no reported court cases on this issue in this state, some federal courts have concluded that due process requires that notice be provided to the tenant when water service is to be terminated based on actions of the landlord. In some cases, the courts have also required that the tenant be allowed to have the utility account placed in his or her name. A few cities in this state have settled litigation on this issue by agreeing to procedures that provide both for notice and the opportunity for the tenant to initiate a utility account. This is an issue that is receiving more attention lately, and cities should be aware of the trend toward providing tenants with procedural protections.

Vacancies in Elected Offices - Did the legislature pass a law allowing the county commissioners to appoint a councilmember when there is a vacancy?

Yes, but only if the council fails to fill the vacancy within 90 days. The legislature enacted new sections in Chapter 42.12 RCW which govern how all vacancies in elected offices are filled in all classes of cities. The city council can appoint a qualified person to fill any vacancy in elected office in the city. However, if the council fails to appoint a person within 90 days after the vacancy occurs, then the county commissioners may appoint a qualified person to fill the vacancy. If the vacancy still exists after six months, then the governor can appoint a qualified person to the vacant city office.

Difficult to Meet GMA Deadlines

If you are one of the 124 cities and towns which was originally required to plan under GMA but failed to meet the July 1, 1994 deadline for comprehensive plan submittal, you are in good company. Cities and towns in the following counties were required to submit comprehensive plans by July 1, 1994: Chelan, Clallam, Clark, Island, King, Kitsap, Pierce, Skagit, Snohomish, Thurston, Whatcom and Yakima. In spite of Herculean efforts on the part of many communities, about 40% of the 124 have submitted plans to the state, and a dozen have adopted those plans. One-third of the counties facing the July 1, 1994 deadline succeeded in submitting their plans. As of this writing, no county has adopted a plan.

These same cities and towns also were required to adopt development regulations by the same deadline. Most took advantage of a GMA option to extend the development regulation deadline to January 1, 1995.

Cities and towns in Jefferson, Mason and San Juan counties face a January 1,1995 deadline for plan and regulation adoption. Again, cities and towns in these three counties may request a six month extension for development regulations from the Department of Community, Trade and EconomicDevelopment (DCTED).

A number of other cities and towns are in counties which opted to plan under GMA or, because of population increases, are now subject to GMA planning requirements. The opt-in cities and towns must adopt comprehensive plans and development regulations within four years of the date their resolution of intent was adopted. The population change counties have four years from the date of OFM population certification. (Again, a six month extension is possible for development regulations.) Many of these cities and towns still face intermediate deadlines. Development regulations to conserve resource areas must be adopted within one year of the opt-in or OFM certification date. County-wide policies are to be adopted within 14 months. Development regulations establishing interim urban growth areas are due within three years and three months of opt-in or OFM certification dates.

From the volume of telephone inquiries at MRSC, it is clear that many cities and towns are continuing to scramble in an effort to meet GMA deadlines.n

Susan C. Enger, Planning Consultant

Volunteers Needed for MRSC Field Service Program

MRSC is actively seeking volunteers for our newly inaugurated "On-Site" Field Service Program.

As we discussed in the March issue of Municipal Research News, MRSC is preparing to supplement our inquiry assistance program by providing Washington cities on-site field expertise from a pool of volunteers. MRSC will act as a "broker" in matching volunteer skills with the specific needs of cities and towns.

We anticipate that the length of on-site visits may vary from part of a day to several weeks. Volunteers will be reimbursed for their direct expenses; and rewarded by knowing their experience and expertise have assisted another city or town.

Our surveys indicate that expertise is needed in a variety of subjects, such as: budgeting, records management, personnel, grant writing, computer network development, department reorganization, LID formation, stormwater utility formation, and financial guidance.

If you would like to volunteer, know of a potential candidate, or desire further information on the "On-Site" Field Service Program, please contact Roy Peterson at 1-800-933-MRSC.

MRSC Online News

Our one-on-one training program at association conferences has proved a successful method ofintroducing new users to MRSC Online, the electronic bulletin board system (BBS) for municipal officials. At the AWC convention in Spokane, Lynne De Merritt, MRSC Technical Services Librarian, and myself trained over 40 city and town officials; usage of the system has increased noticeably since that time. In the next two months, we will be providing one-on-one training at the WCMA conference in Spokane, the WFOA conference in Vancouver, and the APWA conference in Pasco. If you have not already signed up, and are interested in receiving training at one of these conferences, please call me to arrange a time. In addition to conference training, we may also be able to arrange training for ten or more people in your city or town, region, or a local association.

As users become more comfortable with the BBS, they have begun to explore more of the system's features. Recently, an assistant to a city manager requested that one of our legal consultants, Pat Mason, locate Attorney General Opinions on an issue facing the city. Pat posted the 22 AGOs on the BBS for her to download. A councilmember posted a request for mission statements, and city philosophies, and received responses from officials in other cities. One brave city attorney attached a word processing document to a message which was then downloaded by an attorney in another city. We hope that you will experiment to see how the system can be of use to you in your job.

Download Ordinances

We have now posted a few sample ordinances from Bellevue, Pullman, and Tukwila in the file area for you to download. Downloading can be intimidating at first, but is actually not difficult. To download files: choose F(ile) from the main menu, L(ist) from the file menu, and 2 from the list of file areas. After listing the files, press the space to mark those ordinances of interest, then press <Enter>, and type D to download. At this point, activate your communication software to download (if using DWComm, press both shift keys, and choose R(eceive)). Detailed download instructions also appear in the MRSC Online Users' Guide, and online. Feel free to give me a call if you would like to walk through the process together the first time.

For more information about, MRSC Online, please call MRSC at (206) 827-4334 or 1-800-933-6772.

Fred Ward, Information Systems Specialist

Forum at MRSC - Electronic Information Systems for Citizens

On September 30, from 9:00 a.m. to 4:00 p.m., MRSC will hold a forum for those interested in developing kiosks or dial-in systems to provide citizens with information or services. In the morning, several cities will discuss systems that they are in the process of developing. In the afternoon, we will discuss possibilities for cooperation among cities, and between cities and other levels of government. We will also discuss the types of information that MRSC could begin collecting to assist you in the development of systems.

If you are interested in attending, please call Fred Ward, MRSC Information Systems Specialist, for more information.

Recent Cases of Interest

Two recent cases have been decided which are of particular interest to cities. A brief description of these cases follows. If additional information is desired, please contact any of the legal consultants at MRSC.

Land Use

A land use takings case that was decided in June, 1994 by the U. S. Supreme Court, Dolan v. City of Tigard, has generated a great deal of national interest and comment. The city of Tigard, Oregon conditioned approval of a building permit application on the applicant's dedicating a portion of her property for flood control and for a pedestrian/bicycle pathway. The U. S. Supreme Court held that the city's dedication requirements constituted an unconstitutional taking of property.

This case does not fundamentally change the takings analysis that the Court has been applying in recent years and certainly does not stand for the proposition that cities may not impose conditions on property owners who are developing property. The case, along with other recent Supreme Court cases in the takings area, does indicate that the conditions imposed by a city when issuing a permit must bear a reasonable relationship to the impact of the development and must be "roughly proportional" to the needs created by that particular project. Also, the findings utilized by the city must be sufficient to justify the conditions and may not merely consist of conclusory statements. There is not a presumption in favor of the city. This is one area in which cities may be particularly vulnerable in some circumstances.

In the Tigard case, the court found that the city had legitimate concerns with flood control and with increased traffic congestion. However, the findings the city relied upon did not show a reasonable relationship between the legitimate public purposes and the required exactions which were imposed; thus did not pass the "roughly proportional" test established by the Court. The case is not cause for panic on the part of public officials but is a warning to city officials that there are limits as to how far a city may go to achieve legitimate land use regulatory goals.

Sidewalk Liability

A sEcond case decided by the Washington Supreme Court involved sidewalk liability. In Rivett v. Tacoma, 123 Wn.2d 573 (1994), the court held unconstitutional the Tacoma sidewalk ordinance that basically required the owners of private property abutting a defective sidewalk to indemnify the city for all damages the city may agree to pay a person injured by the defect unless the abutting property owner had notified the city of the defect. The ordinance did not require the indemnification to be based on a final judgment against the city or a finding of fault against the abutting property owner.

The court found that the ordinance was aimed at achieving a reasonable public purpose and used means which were reasonably necessary to achieve that purpose. However, the ordinance was held to be unduly oppressive on the landowner and an unreasonable exercise of the police power and sowas held unconstitutional. Most cities do not have such an indemnification provision in their sidewalk ordinances. However, if your city does require the owner of property abutting a sidewalk to indemnify the city for any damages paid to a person injured as a result of a sidewalk defect, such provision should be reviewed.

Resource Sharing - City Information Partnership Program

The Information Partnership Program celebrated its first anniversary in July and has gained a new face at MRSC - Lauri Moriarty moved to California in April and Paul Steere joined the team at the MRSC Library in May as the Information Partnership Coordinator and Technical Services Librarian.

The sixth request letter was mailed to all the participating cities on July 8, 1994 and asked for material on Accessory Dwelling Units, City Council Rules of Procedure, Community Center Policies and Rental Agreements, and Policies or Procedures for Employee Use of Computers and E-mail.

And the winner is . . . Community Center Rental Agreements! The variety and scope of community facilities available is truly interesting_from Barn Leases in Winthrop and City Piers in Port Angeles, to the Library Meeting Room in Camas and the Park Pavilion in Anacortes. In addition, many cities sent community, recreation, and senior center rental policies.

A total of 26 cities have responded to the July mailing and we at MRSC would like to thank each one of you who made it possible for us to collect this unique material to share with other cities and communities. A representative example of the material received in July and August is outlined as follows:

Accessory Dwelling Units:

Bellevue Ordinance No. 4498, passed 3/15/92, (with agenda memoranda); Land Use Code Sections 20.10.440 and 20.20.120; Planing Commission Minutes; correspondence with newspaper clippings.

Blaine Ordinance No. 93-2126, passed 9/13/93, adding Municipal Code Chapters 17.28 and 17.56 concerning accessory apartments, owner occupancy, number, size allowed based on square footage of the house.

Des Moines Municipal Code Chapter 18.08--RS Single-Family Dwelling Classification, and Section 18.04.015--Accessory living quarters [revised 12/93].

Sprague and Shelton municipal code sections on accessory apartments or accessory use, structures, and detached buildings.

City Council Rules of Procedure:

Copies of resolutions from Bellevue, Blaine, Dayton, Leavenworth, and Port Angeles establishingrules of procedure for the City Council (2 to 7 pages each); several other cities commented that a City Council procedures manual or policy statement is under study or "in progress."

Des Moines "City Council Rules of Procedure," updated through 3/94, [proposed draft] (18 pages); "References to Des Moines Municipal Code (DMMC) and Revised Code of Washington (RCW)" (pages 19-25); and a "Legislative Process" chart (page 26).

Ellensburg Resolution No. 1993-14 "relating to the City Council, setting a time, place, and order of business for City Council meetings, and establishing rules for the conduct of meetings and the maintenance of order" (6 pages).

Community Center Policies, Regulations, Rental Agreements:

Very detailed policies, regulations, rules, rental agreements and forms received from Anacortes, Bellevue, Blaine, Camas, Coulee Dam, Coupeville, Des Moines, Port Angeles, Steilacoom, Vancouver and Winthrop. Many cities sent complete packets of material for all facilities that may be rented by the general public or organizations.

Employee Use of City Computers/E-Mail:

Bellevue Administrative Order [Draft 5-9-94], "Policy and Procedure Regarding Electronic Records," and "City of Bellevue Voicemail Policies/Procedures."

Des Moines excerpt from the Personnel Manual "City Equipment and Supplies," noting rules for use of city computers after duty hours.

The MRSC Library Staff also wish to thank the unsung individuals at Deer Park, East Wenatchee, Endicott, Entiat, Forks, Grand Coulee, Monroe, Omak, South Cle Elum, and Toppenish who took the time to return the response form without accompanying material, or telephoned, as it shows us that the channels are open and active. Then too, if you haven't yet responded, please send the documents whenever you can, as we are happy to add and index the material to our collection at any time.

Remember that you can receive as well as give. If any of the topics covered in the current or past Information Partnership requests are of interest, please feel free to request copies or loans of the material received from other cities. MRSC would also welcome any suggestions for future topics to be covered. What would be useful to your operation? Call Paul at 1-800-933-6772, extension 118, between 7:30 a.m. and 4:00 p.m. or leave a message on his voice mail.

Stormwater Technical Assistance Available to Local Governments in Puget Sound

Starting in September, the Department of Ecology's (DOE) Stormwater Unit will provide trainingsessions, one-on-one sessions, or workshops to assist Puget Sound communities in the development and implementation of their Basic Stormwater Program.

The training available to local staff will consist of (1) stormwater program design and implementation, (2) local permit review, (3) funding sources, and (4) inspection for checks on compliance. Representatives, well versed with Ecology's technical manual, will be available to share current information, provide feedback and updates on technical manuals, and identify issues and solve problems related to the development and implementation of the local stormwater programs.

This assistance is specifically directed at local governments who do not have dedicated stormwater staff, lack adequate resources, or for whatever reason have difficulty developing basic stormwater programs.

Three two-day training sessions have been dedicated to the communities on the Olympic Peninsula.

The Puget Sound Water Quality Authority has extended the compliance deadline for these programs to January 1, 1995.

If any city would like to take advantage of this technical assistance, please contact DOE's Lorena Mrachek at (206) 407-7444.

New Ordinances

Bicycle Helmet - Duvall Ordinance No. 708 requires riders upon bicycles, in attached seats, and trailers towed by bicycles or other to wear protective helmets. Establishes responsibilities of sellers of helmets, bicycle rental staffs, and guardians. For first offenders who provide evidence of obtaining a bicycle helmet, Court may dismiss the notice of civil infraction upon payment of court costs. Authorizes Police Services Director to work with public and private agencies to develop a program of helmet awareness to promote use of helmets by all ages and a program to subsidize use of helmets by low-income families. Passed 2-94. (T 3.5000)

Impact Fees - Schools - Battle Ground No. 94-739 provides that the city shall collect impact fees from any applicant seeking residential development approval; fees shall be assessed for each dwelling unit created which may include the expansion of existing uses which creates a demand for additional school facilities. Passed 7-94. (PL 7.4300)

Public Market - Edmonds Ordinance No. 2984 provides special temporary license and use provision for the Council to study the effects of open air markets on the community and adds a new chapter (4.90) to city code, Community Oriented Open Air Markets. Limits operation to daylight hours on Saturday and Sunday of each week during the months of July, August and September, 1994. Defines terms, details activities requiring a license, lists exemptions (farmers, produce produced within the county, and individual garage sales), and outlines prohibited activities, land use provisions, licensefees, terms, and application process. Ordinance expires at midnight, September 30, 1994. Passed 6-94. (LR 73.0000)

Residency - Cashmere Ordinance No. 829 requires employees of the city of Cashmere to reside not more than fifteen minutes driving time, at the legal speed limit, from City Hall. All employees hereinafter employed shall reside within said boundaries. Failure to meet the residency requirement is a basis for termination of employment. Passed 5-94. (PE 2.7000)

Signs - Political - Redmond Ordinance No. 1790 revises municipal code and community development guide relating to political signs in order to conform to the recent ruling in Collier v. City of Tacoma, 121 Wn2d 737, 854 P.2d 1046 (1993). Amends Political Sign Regulations with new provisions for on-premise signs, off-premise signs, size/spacing of signs, removal of signs within seven days of the election, removal of signs from public works projects, removal of signs in disrepair, and notification to the city clerk of intent to place signs off-premises. Passed 6-94. (LR 82.4000)

Smoking - Restaurants - Puyallup Ordinance No. 2404 makes it unlawful for any person to smoke within enclosed indoor or outdoor areas of restaurant lobbies, kitchens, waiting areas, employee lounges, restrooms, dining seating areas, and banquet halls. Exempts restaurant areas of card rooms and bingo parlors; bars, cocktail lounges, taprooms and taverns; private clubs during events attended exclusively by members of the organization and their invited guests and from which the general public is excluded. Passed 9-94. (EN 10.2050)

Watercraft - Swimming - Vancouver Ordinance No. 3104 adopts regulations as to use of watercraft and as to swimming and diving in those parts of the Columbia River that are inside the city. Passed 2-94. (LR 95.0000)

New Acquisitions

Economic Development

Building Your Community's Future Series, University of Illinois at Urbana-Champaign, Office of Continuing Education & Public Service, Community Information & Education Service, Champaign, Illinois, University of Illinois, CIES, 1993. Video recordings accompanied by workbooks on the following:

Creating an Action Agenda
Financing Your Economic Development
Activities
Getting Started in Economic Development
Retaining and Expanding Local Businesses
Stabilizing & Revitalizing Downtowns
Strategies for Marketing Your Community

Finance

Budgetary Forecasting in Local Government: New Tools and Techniques, by Howard A. Frank, Westport, Connecticut, Quorum Books, 1993 216 p. [F 1.1050 B845 1993]

Competitive V. Negotiated: How to Choose the Right Method of Sale--A Practitioner's Guide to Effective Debt Management, prepared by the staff of the Government Finance Research Center of the Government Finance Officers Association, Chicago, 1994, 14 p. [F7.3000 C655 1994]

Debt Issuance and Management: A Guide to Smaller Governments, by James C. Joseph, Government Finance Officers Association [GFOA], Chicago, 1994, 136 p. [F 7.1000 D453 1994]

Debt Policy Handbook, Municipal Treasurers' Association of the United States and Canada, Washington, D.C., May 1994, 1 v. [F 7.1000 D455 1994]

Local Governments and Schools: Sharing Support Services, by Christine A. Everson, Washington, D.C., ICMA, Management Information Services Report, Vol. 26/no. 5, May 1994, 17 p. [G 0.0000 I5mv. 26/no. 5]

Pricing Bonds in a Negotiated Sale: How to Manage the Process, prepared by J.B. Kurish, Chicago, Government Finance Officers Assoc., 1994, 30 p. (Practitioner's guide to effective debt management/GFOA). [F 7.3000 P756 1994]

A Public Investor's Guide to Money Market Instruments, edited by M. Corinne Larson, 2d ed., Chicago, Government Finance Officers Association, 1994, 92 p. [F 5.7100 P855 1994]

Historic Preservation

Making Historic Properties Accessible, by Thomas C. Jester and Sharon C. Park, U.S. Department of the Interior, National Park Service, Cultural Resources, Washington, D.C., U.S.G.P.O., Sept. 1993. 14 p. [PL 10.3000 P755 no.32]

Preparing a Historic Preservation Plan, by Bradford J. White & Richard J. Roddewig, Chicago, American Planning Association, Planning Advisory Service Report No. 450, March 1994, 58 p. [PL 0.0000 A6pas no. 450]

Planning - Comprehensive Plans

Bellevue Comprehensive Plan: General Elements, City of Bellevue, Office of Policy Planning, 1 v., adopted 12/6/93; revised 5/94 [PL 6.4000 B44 G455 1994]

1994 Bellingham Comprehensive Plan: Recommendations of the Bellingham Planning Commission, draft presented to the Bellingham City Council, June 27, 1994, 1 v. [PL 6.4000 B45d 1994]

Everett Growth Management Comprehensive Plan: Preferred Alternative Draft, Planning and Community Development, May 1994, 1 v. [PL 6.4000 E9 E95 1994]. Final Environmental Impact Statement for the Everett Growth Management Comprehensive Plan, June 1994, 1 v. [PL 6.4000E9 F55 1994]

King County Comprehensive Plan: Public Review Draft, Parks, Planning and Resources Department, King County, Washington, April 1994, 218+p., 2 v. [PL 6.4000 K5 K55 1994 v.1]

La Conner 1994 Comprehensive Plan, 1994, 56p. + appendices, 3 c. [PL 6.4000 L33 T65 1994 c.1]

Comprehensive Plan for Olympia and the Olympia Growth Area, prepared by Olympia Community Planning and Development Department, Advance Planning and Historic Preservation, adopted by Olympia City Council July 12, 1994, adopted by Thurston County Board of Commissioners July 25, 1994, 2 v. in 1 [PL 6.4000 O46 1994]

Poulsbo Comprehensive Plan, June 1994, 1 v. [PL 6.4000 P58 C55 1994 c.1]

Ruston Comprehensive Plan, prepared by David Evans and Associates, Inc., June 1994, 46 p. + appendices. [PL 6.4000 R8 1994]

Sumner Comprehensive Plan, April 1994, Ordinance No. 1625 [PL 6.4000 S93 S9 1994]. Draft Environmental Impact Statement: Sumner Comprehensive Plan Update, City of Sumner, Community Development Department, June 1993, 1 v. [PL 6.4000 S93 D75 1993]

Tenino--Final Environmental Impact Statement for the City of Tenino Comprehensive Plan and Joint Comprehensive Plan with Thurston County for Growth Management in the Tenino Urban Growth Area, Tenino, Washington, Northwest Small Cities Services, June 1994, 29 p. + appendices [PL 6.4000 T44 F55 1994]

Planning - General

Design Guidelines for Oysterville, Washington, prepared by Winter & Company, sponsored by The Oysterville Restoration Foundation and Thurston Charitable Foundation, Boulder, Colo., Nov 1992, 68 p., adopted by Pacific County Ordinance No. 131. Oysterville Historic District and Design Review Ordinance, September 7, 1993, 2 c. [PL 10.4000 P31 D45 1992 c.1]

Making Zoning Codes More Readable: Part 1, by Charles A. Lerable, Chicago, Zoning News/ APA, June 1994, 4 p. (see July 1994 issue for part 2 of feature article) [PL 0.0000A6z 6/94]

Outlet and Off-Price Retailing: Selected References, ULI Infopacket no. 343, Development Information Service, ULI-the Urban Land Institute, Washington, D.C., June 1993, 1 v. Compilation contains selected references on outlet and off-price retailing including journal articles and excerpts from books/monographs [PL 5.2230 O955 1993]

Preserving Rural Character Through Cluster Development, by Susan Ernst Corset, Chicago, PAS Memo / APA, July 1994, 4 p. [PL 0.0000 A6pm 7/94]

Pulling Together: A Planning and Development Consensus-Building Manual, by David R. Godschalk,David W. Parham, Douglas W. Porter, William R. Potapchuk, Steven W. Schukraft, Washington, D.C., Urban Land Institute, 1994, 145 p., ULI Catalog Number P90. Partial contents: Conflicts in Edge County: a Hypothetical Community; Why Seek Consensus? Developing Your Approach; Designing a Mutually Acceptable Process; Building Consensus and Solving Problems; Ensuring Success: Meetings and Management; appendices (Case studies; resource kit; biographies) [PL 2.1160 P855 1994]

The Slippery Path to Monotony Control, by Michael Barrette, Chicago, Zoning News/APA, April 1994, 4 p. [PL0.0000 A6z 4/94]

Warehouse Clubs and Hypermarkets: Selected References, ULI Infopacket No. 321, Development Information Service, ULI-the Urban Land Institute, Washington, D.C., Dec 1993, 1 v. [PL 5.2242 W355 1993]

Model Traffic Ordinance Update

The new legislation from the 1994 legislative session which affects motor vehicles and traffic has been adopted into the Washington Model Traffic Ordinance, Ch. 308-330 WAC. These laws were adopted under the emergency rule-making powers of the State Department of Licensing and were effective as of July 1, 1994. Therefore, for those cities and towns which have previously adopted the Washington MTO, these provisions are automatically a part of your local traffic code and it is not necessary to take any local legislative action to enforce these provisions.

Included among the new legislation which was adopted into the MTO are the laws relating to Driving While Under the Influence (DUI). If you would like a complete listing of the new legislation now included in the MTO, please contact one of the legal consultants at MRSC.