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MRSC PUBLICATIONS › NEWS › Municipal Research News - December 1994
 

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Municipal Research News

Resources for Washington's Cities and Towns
December 1994

Articles

Summer Fires of 1994

With snow once again blanketing the slopes of our mountains, the great forest fires of last summer seem like a distant memory.

However, for three weeks last July and August, the damage and destruction of these fires were all too real. These fires were unique in terms of their size and intensity, their impact on the urban/rural interface, their duration, their costs of suppression, and the extent of mobilization, which included structural engine teams from throughout the region plus the Marines and the National Guard.

While no structures within the city limits of Leavenworth were actually damaged, the city was imminently threatened by fire on three sides for three weeks, and residents spent ten days in a level one evacuation advisory status. Quickly, city crews went on patrol throughout the city, watching for burning embers, advising against wasteful water use, and reassuring residents. When the Rat Creek fire took off, city crew members were assigned to ride as guides for out-of-area engine strike teams.

The crew also mobilized for evacuation of the city on August 2. Fortunately, after three hours on standby status, the immediate threat diminished and evacuation was unnecessary. The crew conducted a week-long free pickup of brush and combustibles to reduce fire hazards in town. The city also set up a repair facility at the shop for broken down fire trucks and lent out equipment, such as portable generators. We offered free swim time for firefighters and support personnel at the city pool and organized entertainment for the National Guard. We gave reductions on water bills for residents who used city water for fire protection.

As city administrator, my role involved organizing and coordinating these efforts by the city. In addition, I served as city liaison with the incident command team and our local fire department. My activities included helping evacuate residents in the upper Icicle area, helping the crew remove chlorine cylinders from the water plant, assisting with communications at the fire hall, handling media contacts, and providing PR and rumor control. I served as "cheerleader" for those doing the work, and tried my best to reassure residents and business owners through conversation and personal contact.

Foremost among the lessons learned is the fact that good communications are critical. We assigned all of our portable radios and rented four extras. The mayor carried one, which proved most helpful in maintaining contact with him. I carried a pager at all times, which was essential in providing people with a prompt response. Our city does not yet have a cell phone, but everyone else seemed to, so I was always able to quickly return calls. (I even borrowed Governor Lowry's phone once.) I found it extremely frustrating to call an agency involved in the emergency, only to get a busy signal or a recording device. My recommendation would be to unplug recording devises and assign a live operator to efficiently route calls during an emergency such as this one.

I had a name plate made up and found it most helpful while interacting with all the various fire agencypersonnel. I carried a camera at all times and maintained a daily diary, which was invaluable in documenting actions, decisions, and chronologies. It was also useful in assembling lists for thank you letters after the emergency had passed.

I learned that, in an urban interface forest fire, the Forest Service incident management team seeks out the local city manager or administrator, since this individual is uniquely knowledgeable about the community and knows how to solve problems. I worked closely with the information officer, and helped make sure that the management team was aware of the fears and concerns of the community. The integrated command structure afforded excellent opportunities to not only remain fully briefed, but also to provide ideas on strategy. I watched for cracks and gaps in the fire suppression effort, and tried to facilitate and coordinate in those areas.

The fires generated a huge need for the dissemination of information and many of my activities involved public relations. I advise close and frequent contact with the local media, particularly radio, and "cautious" involvement with the national media since their focus on the sensational is often more dangerous than helpful. In addition to media contact, public meetings, visits with the chamber of commerce, drop-ins at the coffee shops, and chats with groups of residents standing on the street corners, proved most reassuring to the local community.

Often, concerted efforts were needed to prevent "stampedes" of public opinion. It is easy to underestimate the degree of misinformation and the extent of anxiety in a community during such an event. We used every means available to respond to the community's need for information. The outstanding assistance and support of the command team were essential in helping the community cope emotionally and psychologically with these fires.

Finally, as with most disasters, there are numerous positive outcomes. The expressions of support from across the state and throughout the country were greatly appreciated. The degree of coordination among the agencies involved was impressive. The enhanced mutual appreciation between the city and our local fire department was notable. This incident provided our community with an opportunity to pull together against a common threat. It caused all of the people of the community to think for a bit about what is really important in life, and there is a significant benefit in that. I am impressed and proud of our community's response, and also that of the fire suppression agencies, to these fires.n

by Michael J. Cecka, Leavenworth City Administrator

Missed GMA Deadlines May Become Costly

Communities that have missed GMA comprehensive plan deadlines may soon feel it in their pocketbooks if they further delay adoption. Steve Wells, Department of Community, Trade and Economic Development (CTED), recently signaled the Department's desire to support communities that are making a good faith effort to complete past due comprehensive plans. Even so, Steve noted a few consequences that will result from continued deferral. After January 1, 1995, communities thathave missed their comprehensive plan deadlines will not be able to collect GMA impact fees. Tardy communities will also be ineligible to submit applications for Public Works Trust Funds, due in late April. Although cities and counties may apply for Centennial Clean Water Funds, they will not be eligible to receive grants when they are awarded in March, if plans are still incomplete.n

Taming "The Beast"

At the October 21 board retreat, the MRSC board of directors discussed at length what has become known as The Beast.

The Beast refers to the exponentially increasing load of inquiries we receive from our customers. There have been past articles showing this growth in the numbers of inquiries handled. By year end we will top 8,000 inquiries for 1994. On November 4, 1994, the consultant staff of MRSC had already passed the 1993 total by 100 inquiries.

At the board retreat, one thing became abundantly clear. Inquiries are our bread and butter, and they are the primary reason that MRSC is in business. The cities rely heavily on our inquiry service. Because all Washington cities are contributing a portion of their motor vehicle excise tax toward support of that service, they expect to call and write and to have their queries handled. Additionally, in repeated polls of MRSC's customers, we receive clear indication that the cities value the inquiry system above all other services. And MRSC continually receives commendations for our work in this area.

Much has been done in the past four years to increase our capability. The office is completely computerized. New programs have been installed to assure that research work already done need not be redone. There is a computer data base of many inquiries dating from 1989. We continually update and modernize physical equipment to maximize the output of the consultant staff. There is computer access to several other data bases that make it possible for the consultants to stay at their post and not have to physically access the library. We are on E-mail internally, and many cities are now on-line through our bulletin board service. Many cities regularly furnish us with new ordinances, reports, or other data that will be of interest and use to others. We use a number of out-of-state library systems for additional information.

MRSC has reached the point at which we need to appeal to our clients to help us handle The Beast.

Ways that you can help are:

  • Anticipate your needs as much as you can. Call as early as possible. We know that there will be situations in which a question is asked that needs an answer for an immediate meeting. We'll do our best to accommodate your request.

  • Try to define your question or questions as clearly as possible before you call. We do enjoy talking with you. But having to talk several times to determine your needs can be verytime-consuming. If you have a reference to a code section or a specific document, be prepared to tell us the citation the first time you call. It will save us time.

  • Be aware that we are working as fast as we can. At one time, MRSC prided itself on getting answers out within a very short time. We still hope to do so, but the sheer volume at times overwhelms us. This is particularly true when several consultants are out of the office. There are times when we are very short staffed.

  • Tell us as much as you can about the setting and background, and tell us how soon you really need the information. That helps us develop reasonable priorities.

  • Be willing to speak to our voice mail if we are in the midst of other research, on the phone, necessarily away, etc. Be as explicit as possible. That will help us focus on our call back to you.

  • Finally, please try to be patient with us. We feel it is necessary to let you know that The Beast exists, and at times threatens to devour consultants. Perhaps by working together, we can collectively contain The Beast so that we may continue to meet everyone's expectations. We believe it is a good beast.

Do you know...how municipal governments are classified in Washington?

Municipal governments are classified according to their population at the time of incorporation or reorganization. A first class city is a city with a population of 10,000 or more at the time of organization or reorganization that has adopted a charter. A sEcond class city is a city with a population over 1,500 at the time of organization or reorganization that does not have a charter and does not operate under the optional municipal code. A town has a population between 300 and 1,500 at the time of its organization and does not operate under the optional municipal code. No new towns will be formed in the future because legislation passed in 1994 precludes incorporation of an area with a population of less than 1,500.

An additional classification, the optional municipal code, was devised in 1967 as an alternative to the basic statutory classification system of municipal government. It was designed to provide broad statutory home rule authority in matters of local concern. Any unincorporated area having a population of at least 1,500 may incorporate as a code city, and any city or town may reorganize as a code city. Optional municipal code cities with populations over 10,000 may also adopt a charter.

Currently there are 10 first class cities, 22 sEcond class cities, 80 towns, 158 code cities, and one unclassified city (Waitsburg operates under a territorial charter).

Initiatives - Light Year in Washington, but Not Elsewhere

"Democracy is a charming form of government, full of variety and disorder, and dispensing a sort of equality to equals and unequals alike." Plato, The Republic

The "charm" of election day in Washington this year mirrored the rest of the country . . . with the notable exception of initiatives. Wholesale changes occurred in state and federal legislative offices, with major gains by the Republican Party including gaining control of the State House of Representatives and missing control of the State Senate by a single seat.

In initiatives, the major Washington state winners from 1993_"three strikes" and the Measure 601 spending limit - have had their heavyweight smiles replaced in this election with . . . dentures. Beside the denture initiative, Washington's only other ballot measure - the taxes to fund the juvenile justice program - was on the ballot as the result of the requirements of another initiative, Measure 601.

Howard Jorgenson, the president of the state employees' union and Medical Lake councilmember, is pleased. He is hoping the corner has been turned in "ballot box politics," and also in the cost and effort it takes to deal with it when wearing his union official hat.

Initiatives in Other States

The initiative year in Washington belies an active year in direct democracy in states that have the initiative, referendum or both. Many had contentious, hard-fought, emotional and expensive contests that have gained national attention.

Major issue initiatives were on the ballot in all surrounding western states this year. They sounded most of the traditional rallying cries of major interest groups, besides some new ideas. Oregon led the way with 18 measures, including two referred from the legislature. Not surprisingly, Oregon also set a record for absentee ballots precipitated by people motivated to vote but unmotivated by long lines resulting from the long ballot. Colorado also had several initiative measures, including two initiatives about initiatives. Montana, Wyoming, Idaho, Nevada and California also had important and emotional measures.

All of the major themes were covered, many in several states and some states with more than one measure on the same issue. (See Figure 1 for a partial listing by issue.) Among the new issues appearing on the state political agenda were the successful measure in California limiting rights of illegal immigrants, the successful physician-assisted suicide measure in Oregon, and the controversial public pension reform initiative in Oregon that passed after the absentee ballots were counted.

Why Should We Worry about Ballot Measures Elsewhere?

The reason is the tendency for measures to sweep from state-to-state_the ballot box politics' version of "the wave." Groups with a cause can use the local government initiative to bring an issue to bear statewide, such as the domino theory being practiced at the local level by the anti-homosexual rights' advocates in Oregon. Although a statewide measure again failed, several more local measures passed. Similarly, those interest groups that can be successful with an initiative in one state, can expand to other states. Property tax limitations provided the broadest example, followed by spending limitations. Prison reform and education funding reform are examples of measures that have passed recently in one state and have made the ballot in others.

What is Going on Here?

Why are we apparently seeing more gut-level issues decided at the ballot box rather than through the legislative process? Are legislatures drifting off course? The book, Direct Democracy, by Thomas Cronin (Harvard University Press, 1989), identities the points of concern from initiative adherents. They maintain that legislative processes are carried on in secret; the system is not turning out high-quality representatives; powerful special interests exert influence over the process; voters are impatient for the legislature to act; and the process is gridlocked by party politics. And Cronin cites these as complaints from 80 years ago!!!

The initiative was installed as a way for the voters to go over the heads of the government to directly legislate. In the information age where everybody with a cause is organized, this method appears more convenient and viable than ever. If groups cannot get what they want in the legislature, they can put it on the ballot. While legislation is often dependent on compromise, an initiative is dependent on what the signature gatherer can "sell" to the signer. The minority party can use the initiative to appeal directly to the voters. (Three successful prison reform measures in Ore-gon were sponsored by a state legislator.) Special interests can advance their agenda and force a vote on laws they were unable to get past the legislature, even if the legislature is acting responsibly.

Like the legislative process about which people complain, ballot measures tend to become the province of those who are well-organized and well-financed. Special interests, particularly those with resources, can tap into the initiative "industry" that has sprung up since California's Proposition 13. Some companies can nearly guarantee a spot on the ballot. Paid signature gatherers can make the initiative process comparatively painless for those groups with sufficient money. They can rely on mass media campaigns where sometimes complex issues are reduced to sound bites and emotional symbols. Heavy corporate spending (such as that by the tobacco industry in two campaigns this year) is protected as free speech by the U.S. Supreme Court. Several years back, Oregon's lottery initiative was put on the ballot by out-of-state gambling interests. Petitions for Washington's denture initiative were circulated by paid gatherers. The denturists point out that they and the people of the state have a legitimate interest that cannot be reasonably represented by an upwelling of public opinion.

What Is the Effect on Local Government?

A few examples follow. Property tax and spending limitation initiatives limit the flexibility of state and local officials to govern. Super-majority requirements transfer power to the hands of the minority. Those measures such as prison reform (passed in Oregon & Wyoming), three strikes (passed in California & two strikes in Georgia), and mandatory education funding (on the books in California, failed in Oregon) conspire to take ever-larger shares of the state budget, putting pressure on discretionary shared revenue. The seemingly intractable issues of anti-abortion, obscenity and anti-homosexual rights - whatever your opinion - are the "Prohibition" of the '90's, extracting huge amounts of real and political capital in search of a resolution. Also, additional time, money and effort spent by our associations (such as AWC) in working against unfriendly initiatives has increased. The Director of the Montana League of Cities and Towns notes that he now spends up to half his time on initiative damage control during an election season, time that used to be spent at the legislature or on other business.

What is the Long-term Effect?

An article by Peter Schrag in the November issue of Harper's magazine entitled "California's Elected Anarchy" tells a tale of a devastating effect. A major premise of the article is that the repeated surgical strikes of the voters to directly govern state and local government have had the effect of making the state ungovernable. There are impoverished local governments, a loss of local control and a state government increasingly hamstrung by special interests_now outside interests rather than the insiders. In the opinion of Howard Jorgenson, "It makes the legislative process irrelevant."

What Can We Do About It?

In Direct Democracy, author Cronin notes that the voter pamphlet is a critical factor providing information that allows the electorate to make a good decision. For local governments, our "fact sheets" are important pieces of information, but they are required to be balanced in their presentation.

In the long run, we might best manage the situation by avoiding it_by becoming increasingly better at what we do. We administer the results of the legislative process, and the best way to deal with the "threat" of initiatives is to earn and keep a high level of confidence in our legislative process and managerial ability. Open meetings following appearance of fairness requirements, televised city council meetings, electronic access to city hall, newsletters, support of neighborhood associations, public information programs, surveys, complaint forms and public involvement in decision-making have given people unprecedented access to city hall. They are more costly, add time and steps to the legislative process, but should be viewed as an investment that may be the shortest and surest route to success. Eventually, our own good work can get us close enough to our citizens for them to be our advocates.

by Pete Rose, Medical Lake City Administrator

Ask MRSC

Building Inspections - Do building inspectors have a right-of-entry upon private property to determine whether a building permit is required?

No. The courts have ruled that a building inspector may not enter private property to examine the repair work being performed without the consent of the property owner or without a court order granting such permission.

Business Licenses - May cities require the purchaser of a business to obtain a new business license?

Yes, although the city's business license ordinance should impose this requirement. From a regulatory standpoint, it makes sense for a city to require the purchaser of a business to apply for a new business license. This requirement will help ensure that new businesses comply with any conditions that the business license ordinance may impose.

Compensation - May cities require an employee to take compensatory time rather than overtime pay?

No. This is not legal under either federal or state law. An employee may choose, with city agreement, to take comp time rather than overtime pay, but the city may not require it.

Contracting - May cities ask for hourly rates in a request for qualifications announcement for architectural and/or engineering services?

Probably not. AGO 1988 No. 4, dated February 18, 1988 indicates that a city is to select the firm it deems most highly qualified based upon the statements of qualifications, without regard to price. At that point in the process, the city may negotiate with the firm concerning the price for the service. If agreement cannot be reached, then the city may move to the next qualified firm in an attempt to reach agreement.

Manufactured Homes - May cities regulate and restrict the location of manufactured housing?

A recent state supreme court case affirmed the authority of cities and towns to restrict the location of manufactured homes, as long as the restrictions are not based on safety, construction, or energy standards more stringent than federal HUD standards. Federal law has preempted cities and towns from imposing stricter construction, safety, or energy standards on manufactured housing than federal regulations impose. Thus, a city or town could not legally allow in a particular zone manufactured homes that comply with the Uniform Building Code (UBC), whose standards are stricter than HUD standards, while excluding in that same zone manufactured homes that comply only with HUD standards. A city or town, however, may totally exclude manufactured homes from certain residential zones. It is recommended that a city or town, in regulating manufactured homes, use the definition of a manufactured home provided in federal law (42 U.S.C. 5402(6)).

Prevailing Wages - Must the prevailing wage be paid to an employee temporarily working on a public work's project?

Yes. Even if the employee works only a short time on the public work's project, then returns to work for his or her employer on a nonprevailing wage job, the employee must be paid the prevailing wage for the time worked on the public work's project.

Public Records - Are informal notes prepared and kept by mayor and councilmembers public records that are subject to disclosure?

Informal notes prepared for the use of the official for his or her own convenience, are maintained in a way that indicates a private purpose, and are not intended for circulation or distribution within the city, would most likely be considered personal and not public records. As such, they would not besubject to disclosure upon request by a member of the public.

Public records - May cities disclose an employee's social security number that may be contained in the employee's personnel file?

No. This information is protected under RCW 42.17.310(1)(b). This statute provides that personal information in an employee's file, which would include a social security number, is protected if disclosure would violate the employee's right to privacy. Disclosure of a social security number, because of its uses today, would violate that right of privacy.

Retainage - Is retainage withheld on sales tax on a public work's project?

No. An Excise Tax Bulletin issued by the Department of Revenue on November 26, 1973 states that the term "contract price" does not include sale's tax that a seller must collect from a buyer, and the sales tax that a contractor must collect as a trust fund for the state does not constitute "moneys earned by the contractor." Since retainage is based on the amount earned by the contractor, sale's tax is not included in the calculation of retainage.

Sales Tax - Must sale's tax be paid on construction of pathways in a park project?

Yes. RCW 82.04.050(6) provides an exemption from the sales tax for labor and services used for a sidewalk or pedestrian path within a street right-of-way. Pathways within a park are not exempt from sales tax.

Street Utility - When will the state supreme court rule on the legality of street utilities?

The state supreme court heard testimony in the case of Covell v. Seattle in early October. Since two justices are retiring this year, the court will probably try to work through as much of the backlog as possible before they leave. Therefore, it is possible that a decision will be rendered by the end of the year. However, it could be a year or more before a decision is handed down. If the court finds the utility fees to be unconstitutional, it will remand the case to the lower court to determine the disposition of the fees already collected.

Utility Taxes - Is a vote of the people necessary to impose or raise utility tax rates?

If a city wants to initially levy a tax with a rate of less than 6 percent on an electric, gas, or telephone utility, council action is all that is needed. If a tax rate of more than 6 percent is proposed, then voter approval must first be obtained. Note, however, that MRSC recommends that every utility tax ordinance include a referendum clause. This is because a utility tax may be considered a business and occupation tax for which a referendum procedure is statutorily required, both when the tax is first imposed and when it is increased. If a citizen files a referendum petition with enough signatures, then a vote of the people is required for any utility tax rate action.

Voting - May councilmembers vote by proxy?

No. Councilmembers (and any members of boards or commissions) must be in attendance to vote. However, a city council, or other body, may provide in its rules for proxy voting. MRSC is not aware of any cities that allow for this.

Sidewalks Revisited

A recent state supreme court case has generated several inquiries concerning the continuing authority of cities and towns to assess abutting property owners for the costs of sidewalk repairs. In our last issue of Municipal Research News, we discussed Rivett v. Tacoma, 123 Wn.2d 573 (1994), in which the court invalidated Tacoma ordinance provisions that impose liability upon abutting property owners for damages caused by defective sidewalks, regardless of fault. What has caused concern in this opinion is some sweeping language about a city's responsibilities for the physical condition of sidewalks. That language has raised the question whether a city can require abutting property owners to bear part or all of the cost of sidewalk improvement or repair regardless of whether property owners caused the conditions necessitating the improvement or repair. The answer appears to be "yes."

Many cities and towns currently have ordinances that impose the cost of sidewalk repair upon abutting property owners, enacted under the authority of either chapters 35.68, 35.69, or 35.70 RCW (although the latter appears to deal only with construction of new sidewalks). Tacoma's ordinance in the Rivett case, however, was not based upon any of these statutory provisions; it was based upon the city's authority as a first class city to regulate public rights of way, including sidewalks, and upon its nuisance authority. The focus of the Rivett case was on the ordinance provisions that imposed liability for hazardous sidewalk conditions. The Rivett court did not address or even mention a city's authority under either chapters 35.68, 35.69, or 35.70 RCW.

Consequently, a city or town's authority under either of these statutory schemes appears unaffected by the Rivett decision. However, if your city or town has added to its sidewalk ordinance a provision that imposes liability upon property owners for injuries caused by sidewalk conditions, particularly where there is no requirement of a finding that the property owner caused the hazardous sidewalk conditions, it would be advisable to amend the ordinance and remove that provision. Otherwise,cities and towns may, by following the statutory procedures, continue to assess property owners for all or part of the costs of sidewalk repairs, and they may do so whether or not the property owners caused the sidewalk conditions producing the need for repair. If you have questions about the validity of your sidewalk ordinance in light of Rivett, we suggest you contact your city or town attorney.

A Call for City Information for the State WIN Kiosk Network

Seven City Video Conference Planned on December 12, 1994

Cities, counties and states across the nation are using information technology to increase citizen access to vital government services. Within the state of Washington there are several such initiatives under way, many of which use kiosk-based technology. In August of this year, the state of Washington unveiled its kiosk service delivery system, the Washington Information Network (WIN).

At the October meeting of the Association of City/County Information Systems (ACCIS), there was much discussion of the WIN kiosk pilot project, and the role of city and county jurisdictions in a statewide roll-out of a kiosk network. The result was the formation of a strategic alliance between the Department of Information Services (DIS) and local government information technology departments.

DIS will host a statewide video conference to kick-off this alliance. The conference will be held December 12, 1994 from 2:00 p.m. to 4:00 p.m. at seven sites around the state: Lacey, Pasco, Seattle, Spokane, Vancouver, Yakima, and Mount Vernon.

DIS has sent letters of invitation to all county and city officials. Perhaps you have received one. Seating is limited at each site. To reserve your place and for more information call Darla O'Hern, WIN Project Administrator, at (206) 902-3564.

By Joe Coogan, Consultant
DIS Strategic Initiatives Group
PO Box 42441
Olympia, WA 98504-2441

MRSC Online News

You will now be able to keep up with legislative events affecting cities and towns on MRSC Online. In January, the Association of Washington Cities will begin posting bulletins and newsletters including Job Net, CEAW, City News, City Environment News, Personnel News, AWC Trust Update, workshop announcements, correspondence to all city officials on major issues, the Legislative Bulletin, and Action Call. In this way, you will be able to keep up with legislative information before receiving printed copies of announcements and newsletters in the mail.

Several cities have been posting job announcements on the system. Please enter these announcements as messages in the Personnel section of the BBS. AWC's JobNet will be posted asa bulletin in the Personnel area as well.

In the Planning/Growth Management section of the BBS, we have posted a list of comprehensive plans adopted under the Growth Management Act. We currently have a couple of the plans available in the file area for download. If your city has such a document in electronic format, please contact Paul Steere in the MRSC library about uploading or mailing us the plan on disk.

We are steadily increasing the number of ordinances, resolutions, and job descriptions available for download. If your city is able to upload (or mail on disk) these documents, please contact Lynne De Merritt, MRSC Library Manager.

We welcome your comments and suggestions on tailoring the BBS to meet your needs. If you would like information about subscribing to MRSC Online, please contact the MRSC receptionist.

MRSC Held Forum on Electronic Systems for Citizens

On September 30, MRSC held a forum at Mercer Island City Hall for local government officials interested in developing electronic systems to provide citizens with information and services. Over 30 officials participated in the forum along with representatives from the State's Department of Information Services (DIS), the Association of Washington Cities, and the Office of the Governor. In the morning, Roger Iida demonstrated Seattle's Public Access Network (PAN), and Brenda Cooper demonstrated Longview's kiosk system. We also heard descriptions of the projects being developing by Bellevue, Snohomish County, Mercer Island, and the State.

In the afternoon, we discussed ways in which cities could cooperate with one another, and with other jurisdictions, in developing systems. Officials had an opportunity to ask questions of Sam Hunt, DIS Legislative Liaison, about using the state's kiosk system (WIN) to post information, and provide services. (See related article in this issue about a video conference to be held by DIS at seven sites to give you an opportunity to express an interest in participating in the WIN system, and to indicate the types of information you would like to post.) Roger Iida also made an open invitation for any city to piggyback on Seattle's system.

We have established an area on MRSC Online for you to discuss issues relating to electronic systems for citizens. We have also posted several files downloaded from the Internet on the topic, and also a contact list for local governments in Washington State. If your city is developing a system, and has related documents of use to other cities in electronic format, please upload them onto the BBS, or send them to the MRSC library on disk.

If you are interested in participating in future MRSC forums on electronic systems for citizens, or would like to establish a brown-bag group in your area of the state, please contact Fred Ward, MRSC Information Systems Specialist.

Resource Sharing - City Information Partnership Program

The MRSC Library serves the cities and towns as a clearinghouse in traditional and technologically advanced means of communication. Mail, UPS, telephone, facsimile, modem, electronic bulletin board, and computer-to-computer file transfer are just some of the techniques of exchanging and transferring information and data. Each has its advantages. Each is important. Yet, it is also important to remember that all of the manual, automatic, and electronic techniques are accomplished by people, to be used by people. We are in this together in our interchangeable roles as senders and receivers.

Access points such as the MRSC Library may be used as a switching device to "plug into" the type of communication or delivery technique that serves the particular needs of the government and people of each city or town. Information is power - and this is one way of bringing "power to the people."

The response to the October request for materials has brought excellent results. Although fewer cities replied, the number and volume of documents received was even greater than previous mailings. A new policy of continuous classification and cataloging of the documents has reduced the "gap" between receipt and availability of the material_most of which is already in the files or cataloged on the shelves (the classification number is given in parentheses below). Any of the following material may be immediately requested and delivered to your desk_you select the delivery method that suits your needs.

Explaining the Building Permit Process - Brochures, Handouts, Forms:

Camas New Construction: Residential [13 p.] describes the application and building permit process on a step-by-step basis; includes several tables on zoning requirements, building permit fee schedule, impact fees, water and sewer fees (by subdivision), mechanical permit fees (by type of device), plumbing permit and inspection fees, risks and liabilities of contractors and home owners, and plans and diagrams for density, plot layout, and height requirements, 6/94. (C 3.0000)

Des Moines Residential: Minimum Requirements for Construction Drawings [2 p.] checklist and instruction outline for site, foundation, floor, framing plans; elevations; building cross sections, energy/ventilation/noise level reductions and other requirements, 7/14/9. (C 3.1000)

Des Moines Residential Building Permit Process [1 p., 2 part form] checklist form for required forms and plans to be submitted when applying for a building permit. (C 0.0004)

Des Moines Residential Construction Guide: Uniform Building Code 1991 Edition [7 p.] partial list of code excerpts for building permit applicants, 12/07/93. (C 4.3100)

Des Moines 1992 Sound Transmission Control Requirements [3 p.] sets standards for walls, windows, doors, roofs, ceilings, floors and ventilation, 11/23/93. (C 5.9500)

Port Angeles The City of Port Angeles Permit Process: New Single-Family Residences; Remodels/Additions [1 page, trifold] brochure with an overview of the preapplication and application process, 4/93. (C 3.0000)

Port Angeles How to Obtain a Building Permit for Residential Work: New, Remodel, Addition, Repair [14 p.] informative booklet with instructions, diagrams for site plans, working drawings, checklist and forms, 1/94. (C 3.0000)

Shelton Development Assistance Brochure [9 p., 7 p., folder] guide for development assistance with fee schedule and city map (9 pages) and application procedures for commercial and residential building permits. (C 3.0000)

Tumwater Accessory Structures Permit Process [4 p. folder] outlines permit process, submittal requirements; gives checklists and useful telephone numbers. (C 3.0000)

Tumwater Commercial Building Permit Process [4 p. folder + 5 sheets] describes the commercial building permit application process and submittal requirements; folder includes forms, checklists, flow charts, and important offices and telephone numbers. (C 3.0000)

Tumwater Residential Building Permit Process [4 p. folder + 6 sheets, 4 p. form] provides details on obtaining a building permit, describes application process and submittal requirements, checklists, forms, sample site plan, storm water standards [5/93] and 1991 State Energy Code requirements, and telephone numbers. (C 3.0000)

Annexation Publicity, Brochures:

Des Moines Entering Des Moines? [2 p.] citizen information handout on the benefits of annexation; lists city services and departments, officials, and telephone numbers. (G 3.1150)

Des Moines Entering Des Moines? More Questions and Answers [8 p.] brochure outlining benefits and comparisons of annexation; includes sample ballot. (G 3.1150)

Kennewick City of Kennewick Annexation Information [8 p.]lists elected officials, departments, services, benefits of annexation; compares city and county annual costs and 1994 property tax rates, 1994. (G 3.1150)

Mill Creek City of Mill Creek Annexation Process [1 p.] flow chart with 11 steps. (G 3.1150)

Monroe Letter, "Dear New City Resident" [1 p.] signed by Mayor, 7/23/88. (G 3.1150)

Steilacoom Annexation - what it's all about [4 p., newspaper] publicity mailing in a newspaper format that describes the petition, the annexation schedule, process, history, non-financial and financial analyses, "Some Facts," urban service modifications and map, 5/94. (G 3.1150)

Yakima "Annexation: Entering Yakima" [video recording]. (G 3.1150)

MRSC also received 13 "Bloodborne Pathogen Exposure Control Plans" from Camas, Des Moines, Forks, Kirkland, Mill Creek, Monroe, Omak, Shelton, Tumwater, Winthrop, and Yakima.

"Personnel Policy Manuals" or "Employee Orientation Handbooks" were submitted by Dayton, Kennewick, Port Angeles, Shelton, Tumwater, and Yakima. Sincere thanks go to Shelton, Tumwater, and Yakima for making copies of their almost encyclopedic personnel manuals.

The City of Omak made MRSC history by sending its Comprehensive Plan in electronic format (computer disk). It is the first Comprehensive Plan to be included on MRSC's Bulletin Board Service as a dial-in, downloadable file. Other electronic format documents have now been received from Steilacoom and Yakima, but format or copyright issues may delay their availability. At this time, MRSC can only process files in ASCII or WordPerfect (DOS) versions.

The October form provided an "open" category for published material and several very interesting reports or pamphlets were received.

Winthrop sent in its "Economic Development Action Plan Final Draft" [8/31/94, 21 p.], "Citizen Participation, Community Development & Housing Plan" [10/12/94, 16 p.].

Mill Creek mailed in copies of its "Town Center Development Plan" [40 p.]; its companion brochure "Town Center: Vision for a New Downtown" [6 p.], a pamphlet, "City Services: Information and Referrals" [20 p.], and a folded, one-page brochure and form, "Tree Removal on Developed Lots."

If you have any suggestions for future topics, please contact Paul J. Steere, Information Partnership Coordinator, in the MRSC Library at 1-800-933-6772 or (206) 827-4334. Happy Holidays!

New Ordinances

Animal Control - Bainbridge Island Ordinance No. 94-13 defines and prohibits keeping of wild animals, establishes an animal advisory committee, provides for inspections of existing or proposed commercial kennels, catteries, pet shops and animal shelters in connection with licensing investigation and other situations. Passed 9-94. (LR 8.0000)

Bus - Unlawful Conduct - 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)

Domestic Partnerships - Registration - Seattle Ordinance No. 117244 authorizes and directs the city clerk to conduct a voluntary program for registration of domestic partnerships with appropriate forms that require both registrants to certify that (a) neither is married, (b) they are in a relationship of mutual support, caring, and commitment, (c) they are eighteen years of age or older, (d) they are not related by blood closer than would bar marriage . . . , and, (e) they are each other's sole domestic partner. Provides for issuance of a "Certificate of Registration of Domestic Partnership," sets a $25.00 dollar fee, and provides for filing of form for termination of the domestic partnership without a fee, and to maintain adequate public records of such registrations. Passed 8-94. (H 4.0000)

Family Leave - Mill Creek Resolution No. 94-186 revises the city's personnel policies, "Section VII. Leaves," to adopt family leave as part of its personnel policy and procedures (15 pages). Includes copy of leave request form. Passed 10-94. (PE 6.8510)

Hearing Examiner - Tacoma Ordinance No. 25585 outlines the powers, responsibilities, and duties of the Hearing Examiner. Passed 10-94. (PL 2.4000)

Noise - Stanwood Ordinance No. 909 amends and adds to municipal code chapter 9:50, Public Nuisance and Disturbance Noises; provides detailed definitions, describes violations, exempts various noises, sets hours for exemption for certain noises, and establishes enforcement procedures. Passed 10-94. (EN 7.3300)

Peddlers, Solicitors, Canvassers - Mill Creek Ordinance No. 94-330 rescinds and replaces Ordinance No. 94-329 (5-24-94); establishes reasonable time, place and manner restrictions on peddlers, solicitors and canvassers to promote, protect the public health, safety and welfare. "It is not the intent of this chapter to regulate the content of speech or expressive activities." Recognizes differences between persons who peddle, solicit and canvass for commercial and non-commercial purposes. Describes permit application process and criminal history background investigation; lists prohibited acts; provides for enforcement and penalty. Passed 6-94. (LR 68.0000)

Senior Citizen Commission - SeaTac Ordinance No. 94-1036 creates an advisory commission appointed by the Mayor, subject to confirmation by the City Council, to consist of seven members who are at least fifty-five years of age and reflect the diversity of the city. Authorizes budget, sets rules for conflict of interest, terms, procedure, meetings, responsibilities, and reporting. Passed 8-94. (H 4.2000)

Water Safety - Lake Stevens Ordinance No. 453 adopts new Title 10, "Water Safety and Watercraft" code for waters of the city in Lake Stevens Cove (with map as Exhibit A). Provides for reporting accidents and enforcement; regulates swimming, diving, waterskiing, watercraft, aircraft, piers and marinas, boat rentals, floating debris and nuisances. Prohibits oil spillage and habitation of vessels; requires display of evidence of compliance with Snohomish County excise tax provisions. Passed 8-94. (LR 95.0000)

Yard Waste - Plastic Bags - Redmond Ordinance No. 1802 permits use of plastic bags for the collection, transport, and storage of yard waste only when the capacity of an approved container is exceeded. The solid waste hauler may collect, transport and store yard waste in plastic bags, but shall remove the yard waste from the plastic bag prior to disposal at an approved facility. Passed 10-94. (UR 3.8400)

Zoning - Group Homes - Bellevue Ordinance No. 4697 amends city code to provide for group home operator registration; describes application procedure, names, telephone numbers and other data required, exemptions for confidential group homes; notes that no fee is charged; provides for change in use, reregistration, and failure to comply. Passed 9-94. (PL 8.3721)

Zoning - Group Homes - Seattle Ordinance No. 117202 amends land use and zoning regulatingnursing homes and "congregate residences" (previously called "boarding homes"), with or without meals, for roomers, boarders or lodgers not to exceed a total of eight residents per household. Includes charts for permitted and prohibited uses, required parking per type of use and other amendments to Master Use Permits and Residential Use provisions. Passed 7-94. (PL 8.3721)

Zoning - Group Living Residences - Cheney Ordinance No. Q-22 adds new chapter to title 21 of the municipal code creating authority to establish a "Membership Lodging" special overlay district (MLSOD) and sets standards for any membership lodging dwelling unit (MLDU) for landscaping, buffering, off-street parking, vegetation, yards, height, setback, and density, signs, fences, and approval procedures. Passed 8-94. (PL 8.3721)

Zoning - Group Living Residences - Cheney Ordinance No. Q-23 provides guidelines to consider conditional use permit applications for siting a fraternity, sorority or dormitory as relates to lot size, off-street parking, landscaping, bulk, height, design consistency with neighborhood, sound and sight buffering, and other matters that affect the health, safety, and general welfare of the property and affected properties. Passed 8-94. (PL 8.3721)

Zoning - Home Occupations - Stanwood Ordinance No. 908 amends city code for home occupations; prohibits signage, external displays, sales of merchandise; requires operation within dwelling unit, limits size and horsepower of mechanical equipment; home occupation cannot occupy more than one-fourth of total square footage of dwelling with other provisions for parking, hours, emission of sounds, vibrations or odor. Passed 10-94. (PL 8.3153)