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MRSC PUBLICATIONS › NEWS › MRSC Newsletter - September 1998
 

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Municipal Research News

Resources for Local Government
September 1998

Articles

Archives

Municipal Research News is published quarterly by the Municipal Research & Services Center of Washington, 2601 Fourth Ave, Ste 800, Seattle, WA 98121-1280. Your ideas and comments are appreciated. If you have news you would like to share or if you would like to write a short feature article, please contact us.

Editor: Connie Elliot
Desktop Designer: Holly Martin

Demand Continues for Water Rights

Water rights continue to be an important issue for municipalities in Washington State. Water rights in Washington is a complex subject due to an increasingly complicated web of common law and statutory law regulating water use and water resources management.

A water right is a legal term that means a right to make beneficial use of public waters of the state at a given volume and from a specific source. Washington State law requires certain users of public water to receive approval from the state prior to actual use of the water. Approval is granted in the form of a water right permit or certificate issued by the Department of Ecology (DOE). DOE has the responsibility to provide adequate records for efficient administration of the state’s waters, and to facilitate a return to the state of any water rights no longer exercised by putting these waters to beneficial use. (See "High and Dry in Washington: The Battle for Water Rights," by Robert Wubbena, Municipal Research News, March 1996.)

The following article was written by Glenn K. Rice, Assistant City Manager of Yakima. We would like to thank Mr. Rice for taking the time to share with us some of what he has learned about this complex issue of water rights in Washington State.

The Changing World of Water Rights

Washington’s legendary abundant supply of pure water in rivers, lakes, and aquifers that can support a multitude of recreational, residential, and industrial uses has been taken for granted. Water is not as available as it once was. Competing interests for fish and wildlife preservation, forest enhancement, recreation, municipal and industrial uses, agriculture, and hydropower all have a claim. In addition, the federal government, in matters related to salmon habitat, is challenging not only the quality but also the quantity of water in Washington State through agencies such as the National Marine Fisheries Service and through legislation such as the Endangered Species Act. This is just the beginning.

At a recent Washington City/County Manager’s Association meeting, some basic questions were posed:

  • Do you know what water rights your city holds and how solid they are?
  • Do you know if your city has both domestic and irrigation water rights?
  • If you receive your municipal water from a water distrct or private company, how sound are those water rights?
  • Is your city affected by the issues of salmon preservation and/or habitat restoration?
  • Has your city dealt with a neighboring Indian tribe and/or the federal government with respect to water quality or quantity?
  • What contingency plan does your city have when a court, or the entity providing your water, informs you that they will no longer be able to continue service based upon water quality or quantity issues?

Since the 1970s, the cities involved in the Acquavella case [Yakima River Basin general adjudication; Department of Ecology v. Acquavella, 131 Wn.2d 746 (1997)] have been dealing with water rights issues — exploring existing rights, claims, appropriations, and uses in all sections of the local Economy. Of late, many of these issues are beginning to come into focus. Decisions and orders will soon be handed down and more challenges filed with the probable outcome at the U.S. Supreme Court or congressional level. Whatever the outcome, the shortage of water and the need for water conservation, together with maintaining and improving its quality, will affect all competing interests.

We have come to understand that water is not an infinite resource and municipalities need to consider amending their policies. Up until recently, municipalities have felt "ok" about their waterrights. Our general position has been, "they are ours and nobody would consider denying our right to use them, let alone consider taking them from us." Not only are we told today that our water rights may not be ours, but we are also told what rights we are permitted to use and how we are to "perfect" these rights. Court decisions and several federal and state laws now define the controlling paradigms and set the institutional constraints. A few specific examples that we must take into account and make accommodations for are: Safe Drinking Water Act, Clean Water Act, Endangered Species Act, Northwest Power Planning Act, National Marine Fisheries, Instream Flow,1 GMA, Water Resources Act, etc. (See sidebar regarding MRSC’s water rights Web page that provides access to these and many other water rights resource materials.)

What’s next?

Existing and new laws that cause us uncertainty are one issue, but recent and expanded interpretations which appear to have contravened our understanding of municipal water rights and supplies are much more disturbing. Some of these understandings include, inchoate rights (those rights not yet completed), pumps and pipes (a method of "quantifying" a water right based upon system capacity, rather than the amount of water used),2 the requirement to serve (meeting the demands of growth), and hydraulic continuity.

A good example of the "pumps and pipes" issue is found in the Department of Ecology v. Theodoratus case. It is time for all cities to pay close attention.

Conclusion

While this article is not meant to alarm, it certainly is meant to be a wake-up call. Review your city’s water rights and investigate the condition of ownership to see what streams affect your water supply. Find out where your municipal water comes from, and be prepared to answer the questions posed at the beginning of this article. One day, when the water tap is turned on, there may or may not be any water, let alone a supply of quality water.

1Given status of beneficial use under RCW 75.20.050 - circa 1947
2Department of Ecology v. Theodoratus, 135 Wn.2d 582 (1998) (see summary)

Glenn K. Rice
Assistant City Manager
City of Yakima

Summary of Department of Ecology v. Theodoratus

George Theodoratus is a private developer in Skagit County. In 1973, he applied for a permit for water to serve a planned development of 253 lots and some additional homes outside the development under a Department of Health approved public water system plan. In granting the permit, Ecology indicated that once Theodoratus had installed a supply system capable of serving all of the lots, he would be entitled to a water right certificate for a quantity of water based on thesystem’s capacity even if some of the lots were undeveloped and even if he had not actually pumped the full quantity of water. For decades, Ecology used system capacity, or "pumps and pipes," as the standard for determining the quantity of water perfected in the public water supply system context (as opposed to the irrigation context).

Between 1973 and 1992, Theodoratus obtained several extensions of his water rights permit. In granting the most recent extension (which gives him until the year 2001 to perfect his rights), Ecology attached several conditions to the permit which Theodoratus subsequently challenged. One of the conditions was that, regardless of the system capacity, Theodoratus would be entitled to a water right certificate only for the quantity of water he has actually pumped at the end of the permit period. This condition reflects Ecology’s abandonment of the pumps and pipes perfection standard in the public water supply system context, and adoption of an actual use standard.

The key issue before the state supreme court was which standard (pumps and pipes or actual use) applies when Ecology quantifies a water right for the purpose of issuing water rights certificates in the public water supply system context. Based on an analysis of Washington statutes, Washington case law, and case law from other Western states, the court, in a seven-to-two opinion (Justices Sanders and Johnson dissenting) held that Ecology’s longstanding prior practice of using the pumps and pipes standard was not authorized by law, and that the correct standard is the actual use standard applied in the irrigation context. The court squarely rejected Theodoratus’ argument that Washington’s water code provides different perfection standards for irrigation systems as opposed to other uses such as public water supply systems.

The court did not, however, rule on the standard applicable to municipal water suppliers. Instead, the court noted as follows:

Appellant is not a municipality, and we decline to address issues concerning municipal water suppliers in the context of this case. We do note that the statutory scheme allows for differences between municipal and other water use. E.g., RCW 90.01.260; 90.14.140(2)(d).

Water Rights Information on MRSC’s New Web Page

MRSC has created a Web page for information about water rights in Washington. To assist our users, we have combined MRSC’s resources with links to useful information on other Web sites, such as that of the state Department of Ecology. Following is an outline of the organization of the MRSC water rights page and some of the reference sources listed. The page can be viewed by directly going to the following address: http://www.mrsc.org/subjects/environment/water/water-r.aspx or via MRSC’s Home Page. It is listed under the subject of "Environment." For those without Internet access, please call our Library to request any of the following listed resources.

Information by Topic

  • Water Rights in Washington: An Introduction
  • Water Law Basics
  • Municipal Water Rights (Public Water Suppliers - County, City, and Special Purpose District)
  • Exempt Wells and Land Development Permits Information

In addition to "Information by Topic," reference sources relating to statutes, court decisions, administrative regulations, and Attorney General opinions are also listed.

Water Rights Information

These are some of the items listed on MRSC’s water rights Web page. Most of the publications appear in full text on the Web.

  • "Future Water Wars - Transfers and Priorities - REconciling Instream Flows and Municipal Needs: Recent Developments in Washington Water Rights Law," by Charles A. Kimbrough, Environmental and Land Use Law Midyear: Keeping Your Environmental/Land Use Law Practice Current, April 1998

  • "General Water Law," by Tom McDonald, Assistant Attorney General, Water Section Chief, Ecology Division, Legal Notes, MRSC Information Bulletin No. 499, October 1997

  • "High and Dry in Washington: The Battle for Water Rights," Bob Wubbena, Municipal Research News, March 1996

  • "Important Issues Affecting Municipal Water Rights," by Thomas D. Mortimer Jr., Legal Notes, MRSC Information Bulletin No. 499, October 1997

  • "Questions & Answers: Water Rights in Washington," Department of Ecology Publication # 96-1804-S& WR, September 1996

  • "Washington State Water Rights Study Update," League of Women Voters of Seattle, November 1995

  • "Water Issues: The Impending Marriage of Land Use and Water Law," by Douglas Jensen, Deputy Prosecuting Attorney, Lewis County, from Washington Association of Prosecuting Attorneys (WAPA) Summer Training Program: Civil Track, June 24-26, 1998

  • "Water Rights in Washington: Background and Key Terms," Confluence, Winter 1997

  • "Water Rights Law for Municipal Lawyers: The Basics, Ruthlessly Simplified," by Sharon Metcalf, Assistant City Attorney, Seattle, Legal Notes, MRSC Information Bulletin No. 499, October 1997

  • "Water Rights Responsibilities for Counties in the Wake of 1997 AGO No. 6," by Jeffrey S. Myers, Deputy Prosecuting Attorney, Thurston County, from Washington Association of Prosecuting Attorneys (WAPA) Summer Training Program: Civil Track, June 24-26, 1998

  • Washington State Department of Ecology - Information posted on its Web Site:

    • Water Resources Program Web
    • DOE Municipal Water Supply Issue Web Site
    • Information on the Counties and Cities Municipal Water, Instream Flows Workgroup

  • "Water Supply and the Growth Management Act," Tom McDonald, Office of the Attorney General, Ecology Division, Environmental and Land Use Law Midyear: Keeping Your Environmental/Land Use Law Practice Current, April 1998

    MRSC Welcomes New Staff

    Carolyn Darwish, Administrative Assistant

    Carolyn began working at MRSC in August 1998. Her background is in education, writing, marketing, and promoting. She also has had a variety of temporary jobs as an administrative specialist. Carolyn writes children’s books, is a freelance writer for a local community newspaper, and is currently serving as a commissioner with the Seattle Design Commission. She will be providing administrative assistance in a variety of areas at MRSC. Her primary job will be assisting in providing services to one of our professional associations, the American Public Works Association (APWA).

    Sarah Sodt, Library Clerk

    Sarah began in the MRSC Library in May of this year. She graduated from the University of Washington in June 1998 with a B.A. in Art History. Prior to working at MRSC, Sarah worked as a library technician at the University of Washington’s Suzzallo Library. At the MRSC library, Sarah assists in the maintenance of the circulation system, acquisitions processing, as well as general collection maintenance.

    Sandra Vong, Accountant

    Sandra worked as an accountant for more than two years before coming to the United States in 1992. She decided to pursue a degree in accounting here in the United States and graduated from Central Washington University in August 1997 with a B.S. in Accounting and Finance. With this degree, she was offered an accounting position at MRSC in March 1998. Sandra processes the payables, receivables, and payroll for the center. She also has full charge of the accounting responsibilities for two of our professional associations.

    Ask MRSC

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

    Communications - May a city require a company to pay a franchise fee before running a fiber optic cable through the city?

    A city can require that a company enter into a franchise agreement and obtain permits before doing any digging in the public rights-of-way. The city may also pass an ordinance requiring all companies installing facilities in the rights-of-way to reimburse the city for its related costs, including legal and engineering costs, and quantifiable road degradation costs. Lastly, a city can impose its utility tax on telecommunications companies if they are providing services to residents via the cables installed in the right-of-way. The city may not impose a general franchise fee that is unrelated to the costs incurred by the city.

    Under the federal Cable Communications Act, specific authority is given to impose a franchise fee of up to 5 percent on the gross revenues of all video cable companies. It is expected that during the next legislative session Congress will amend the current statutes on telecommunications taxation and franchising.

    Communications - What can be done about unattractive and noisy equipment shelters placed at the base of wireless communications antennas?

    A city or county can require that equipment shelters be designed, painted, and landscaped in a way that minimizes the negative impact of the structure. A reasonable noise level standard for the equipment can also be imposed. Several cities in the Seattle metropolitan area have been successful in getting telecommunications companies to take steps to reduce the negative impact of their facilities.

    FLSA - Must employees who are covered under the Fair Labor Standards Act (FLSA) be paid on an hourly basis, or may they be paid a salary?

    Nonexempt employees may be paid on a salary basis; they need not be paid by the hour, even though overtime compensation is determined based upon the "regular rate" of compensation, which is a rate per hour. 29 C.F.R. §778.109.

    Hearing Examiner/Board of Appeals - May a hearing examiner be appointed to serve as the building code board of appeals?

    Yes. There is a requirement in the Uniform Building Code, and in other codes that are part of the state building code, that a board of appeals be appointed to hear and decide appeals that arise under the code. A hearing examiner system may be used in place of this board.

    RCW 19.27.060 provides that cities and counties can amend the codes that make up the state building code, including the Uniform Building Code, if the amendments do not reduce the minimum performance standards. An amendment providing for a hearing examiner would not reduce the performance standards. Therefore, such an amendment should be legal.

    Illegal Activity - What procedures should a city or county follow if a misappropriation of funds or any other illegal activity is suspected by its officials or employees?

    A city or county should not try to correct the matter itself. It should contact the State Auditor’s Office (SAO), their attorney, or the police or sheriff’s department. This is based on SAO Bulletin No. 7, 1984, that is partially codified in RCW 43.09.185.

    Lost and Found - What is the obligation of a county or city in dealing with lost and found property turned into the sheriff’s or police department?

    Chapter 63.21 RCW, amended in 1997, requires that the governmental entity publish a notice concerning the lost property. The statute also requires that if the lost property is not claimed by the proper owner within a specified tie, the found property shall be released to the finder. The city or county is entitled to collect $10 plus the cost of publication if the appraised value of the found property exceeds the cost of publishing the notices. If the value is less than the cost of the publication notice, no fee is required. If the property is claimed by the rightful owner, the city is not entitled to collect any fee or recover any costs.

    Performance Bond - May a contractor set up an escrow account instead of purchasing a performance bond?

    No. RCW 39.08.010 requires a bond and makes no mention of an escrow account. For contracts of $25,000 or less, the contractor may, instead of a bond, have the city retain 50 percent of the amount of the contract for a period of 30 days after final acceptance of the project or until receipt of all the necessary releases from the Department of Revenue and Department of Labor & Industries.

    Public Hearings - Must public hearings on quasi-judicial matters be taped?

    As a practical matter, yes. There is no statute requiring quasi-judicial hearings be taped. However, RCW 36.70C.110, regarding judicial review of a quasi-judicial land use decision, requires that the record to be reviewed by the court include "a verbatim transcript of any hearings held on the matter." This statute codifies what the appellate courts in this state have long required. Thus, unless a court reporter transcribes the hearing, it would have to be taped, with any transcript then made from the tape.

    Recreational User Statute - Would the recreational user statute, RCW 4.24.210, protect a city or county from liability if a person is injured while attending a city or county-sponsored event as a spectator?

    Probably not. The recreational user statute limits the liability of a city or county to persons injured when actively participating in some type of physical activity. Passive spectators at festival activities are outside the scope of the statute. [See Matthews v. Elk Pioneer Days, 64 Wn. App 433 (1992)].

    Uniform Fire Code - How may a copy of The Uniform Fire Code be obtained?

    The Uniform Fire Code is, by statute, in effect in all counties and cities. The current code is the 1997 Uniform Fire Code and consists of two volumes. It is published by and can be obtained from:

      International Fire Code Institute
      5360 Workman Mill Rd
      Whittier, California 90601-2298
      (562) 699-0124

    (See MRSC Web page <http://www.mrsc.org/library/where.htm> for a complete listing of "Where to Purchase Copies of Washington State Laws, Administrative Regulations, Handbooks, Standard Specifications and Court Decisions" or call the MRSC Library to request a copy of this listing.)

    FYI - Sewage Sludge

    Department of Ecology Standards

    Sewage sludge that has been treated and sold for fertilizer is now regulated as a "biosolid" by the Department of Ecology. (See chapter 173-308 WAC.) In light of last year’s revelation that some fertilizers sold to Washington farmers contained toxic wastes from other industries, the Washington State Legislature has established standards for biosolids treatment and management practices. As of March 21, 1998, municipalities that treat domestic sewage and prepare biosolids for beneficial use, apply biosolids to the land, or dispose of municipal sewage sludge in a solid waste landfill, must adhere to the new regulations and pay a biosolids permit fee. For more information on the regulations or the permit requirements, contact MRSC.

    MRSC Board of Directors

    MRSC is pleased to welcome Michael R. Wilson, Sumner City Administrator; and Ray E. Corpuz, Jr., Tacoma City Manager, to our Board of Directors.

    We wish to say thank you to Daniel B. Heid, Lakewood City Attorney, who has left our board after serving from 1993 to 1998. We appreciate Dan’s past and future commitment and service to local government.

    MRSC on CD is here!

    We are extremely pleased to announce that MRSC on CD, containing a searchable database of our current legal opinions, policy research and publications, is now available for purchase. The CD-ROM (Windows® compatible) contains:

    • The text of selected MRSC legal opinions from 1996 to the present;
    • The text of selected MRSC policy research responses from 1996 to the present; and
    • Nine of our most popular publications: Annexation Handbook, The Appearance of Fairness Doctrine in Washington State, Code City Handbook, Handbook for Councilmembers, Knowing the Territory: Basic Legal Guidelines for Municipal Officials, The New Bidding Book, The Open Public Meetings Act: How it Applies to Washington Cities, Towns and Counties, Public Records Disclosure, and Utility Billing & Collection Issues.

    The CD allows users to search these MRSC databases (using Folio VIEWS® software) and find answers to common local government questions. The publications are also available in Adobe Acrobat® format for those who want to print their own paper copy. Anyone with a CD-ROM drive in their computer will be able to use this valuable research tool at their desktop. MRSC on CD can also be installed on your local area network. If you are interested in ordering a copy of MRSC on CD, please click here to view the order form.

    Web News (www.mrsc.org)

    Wondering how long to retain a record? See the MRSC Web page that contains a number of local government manuals from the State of Washington, Office of the Secretary of State, Division of Archives and Records Management. You will find the Local Government General Records Retention Schedule and Records Management Manual*, as well as the records retention schedule and management manuals for the county assessor*, the county auditor*, and the county treasurer*. As new or revised manuals become available they will be posted on the MRSC Web site.

    Interested in water rights? Look at MRSC’s new water rights Web page*. Learn more about the legal complexities of water rights, the role of the state Department of Ecology in issuing water rights permits, and how water rights relate to development permits issued by local governments.

    Can’t wait for MRSC publications to arrive in the mail? View or download them from the MRSC Web site. Quite a few people downloaded Budget Suggestions for 1999* before receiving a copy by mail. Another new MRSC publication available on the site is Governments are from Saturn - Citizens are from Jupiter: Strategies for REconnecting Citizens and Government*. A work in progress, appearing on our Web site as it is being completed, is Washington State Model Design and Construction Management Manual*, a collaborative effort between MRSC and the Washington State Chapter of the American Public Works Association.

    Other new items on the Web site include the March 1998 edition of the Municipal Clerks’ Handbook*, and the Public Law Ethics Primer* (prepared by the Washington State Association of Municipal Attorneys). The Lynnwood and Richland municipal codes* have been added to our online codes, bringing the total number of listed codes to more than 25 Washington cities and counties. And we continue adding inquiries of the week* such as, "Can Ch. 133, Laws of 1998, making it a civil infraction for minors to possess cigarettes, be enforced in municipal court without a city adopting the statute by reference?"

    When attempting to search the WAC, RCW, or a municipal code, some of you may have received a "server busy" message. This is due to the way the Folio search software counts user licenses. Our understanding is that Folio will fix the problem with the user license count this fall. In the meantime, we have found that if you try the link to the WAC, RCW, or municipal code several times, a license often frees up in the interim. Otherwise, you will need to try back again later. We apologize for the inconvenience, and appreciate your patience while we sort out this problem.

    *Web page addresses referenced in above article:

    COLA UPDATE

    Automatic Salary Increases for Elected Officials in Question

    MRSC is often asked if the salaries for elective city councilmembers or county commissioners can be automatically raised in future years by tying them to an independent standard, such as the Consumer Price Index (CPI), without violating the state constitution. The state constitution prohibits elective officials from raising their own salaries during their current term of office or after their election. This state constitutional prohibition applies only to elective officials who set their own salaries, such as city councilmembers or county commissioners. It does not affect other employees or appointed officials of local governments.

    There is a dispute over whether automatic salary adjustments for elected officials that are tied to an independent standard are allowed under our state constitution. MRSC has advised in the past (including in the June 1998 Municipal Research News) that certain automatic cost-of-living adjustments (COLAs) may be provided without violating state law. We have been informed, however, that the Office of the State Auditor (SAO) has taken a contrary position. The position of the state auditor is based upon a 1994 superior court memorandum opinion and a 1992 informal memo by an assistant attorney general. (See box below). Both opinions conclude that automatic COLAs are not permitted under the constitutional prohibition on mid-term salary increases unless the amount of the increase can be definitely calculated at the beginning of the term. Because the exact amount of the CPI increase cannot be known in advance, this method of providing for future salary adjustments would arguably violate the constitutional restriction. Salary adjustments in future years could be provided, if the amounts were definitely stated at the beginning of the term of office.

    MRSC recognizes that there are several local governments in this state that have established by ordinance a compensation system for elected officials that ties salary adjustments automatically to the CPI. Some of these ordinances have been in effect for a number of years and the attorneys representing these jurisdictions believe such a system of compensation does not violate the state constitution. This issue has not been definitively settled at this time. However, it is important that local legislative bodies be aware of the position of the Office of the State Auditor when deciding whether and how to implement compensation adjustments for councilmembers or commissioners.

    The basis for the position being taken by the Office of the State Auditor is a decision in the Superior Court of Thurston County, Telford v. Thurston County Commissioners and Thurston County, Memorandum Opinion, No. 93-2-00611, March 9, 1994, and an informal, unpublished opinion of the Office of the Attorney General to the Honorable Mary Margaret Haugen, State Representative, by Gregory Trautman, Assistant Attorney General, October 28, 1992. If you have any questions concerning this issue or wish to obtain copies of these opinions, contact MRSC at 1-800-933-6772 or (206) 625-1300 or by E-mail at mrsc@mrsc.org.

    Heads Up - Emerging Information for Local Government

    Trends into the New Millennium
    Municipal Research News
    September 1998

    A recent book, The Roaring 2000s, by Harry Dent, raises provocative and interesting issues for local governments. (Harry Dent won some notoriety by forecasting the "raging bull" stock market of the 1990s when many Economists were very pessimistic about our Economy.) Essentially, Dent forecasts a period of unprecedented prosperity in the United States because of the confluence of two dominant trends in our Economy: the coming of age of the baby boom generation now moving into its peak spending years, and the dramatic innovations introduced by networked computers.

    According to Mr. Dent, many Americans will prosper if his following forecasts prove to be right:

    • The U.S. and North American region will be the dominant world Economy, experiencing the greatest Economic boom in American history between 1998 and the end of the next decade.

    • Inflation will stay below 2 to 3 percent throughout this boom period.

    • Thirty-year fixed mortgages will fall to 5 to 6 percent, making housing more affordable.

    • Oil prices will stay in the $15 to $22 per barrel range.

    • The Dow Jones Industrial average will hit 21,500, and possibly higher.

    Demographic trends and technological advances will also present challenges to local governments. By 2020, Dent forecasts a vast migration of 60 to 70 million people shifting out of high density urban and suburban areas to the exurbs and small cities and towns. A stagnant tax base will make it difficult for some central cities and older suburban cities to address a cycle of decay and obsolescence. Attractive resort communities and smaller cites that can serve demands of the new Economy will face growth management pressures. (Washington is projected to be the eighth fastest growing state, with our population growing 41 percent between 1995 and 2015.) There will be greater pressures placed on environmentally sensitive lands, and new forms of trafficcongestion will be experienced.

    Dent’s book raises issues too numerous to summarize here. His most chilling forecast - a depression lasting 12 to 15 years following this period of prosperity.

    (Mr. Dent’s book, The Roaring 2000s, Simon & Schuster, New York, 1998, is available from the MRSC Library.)

    Electronic Stamps
    Municipal Research News
    September 1998

    The U.S. Postal Service announced that new technology will allow businesses and individuals to print their own postage using personal computers and the Internet. The system approved for testing requires a small piece of hardware similar to a postage meter that fits into a computer port and serves as an electronic vault for stored postage.

    Aggressive Driving: A Crime in Arizona
    Municipal Research News
    September 1998

    Tired of aggressive drivers and road rage? Arizona may be starting a new trend in addressing this issue. A new law in Arizona creates the misdemeanor offense of aggressive driving. Aggressive driving is defined as an event where a driver speeds and commits two or more other listed offenses. These offences include failing to obey a traffic control device, driving recklessly, passing a vehicle on the right by driving off the pavement, changing lanes erratically, following too closely, and failing to yield the right-of-way.

    In addition to a fine of up to $2500 and six months in jail, the law requires convicted drivers to attend driver training and education, and allows for suspension of their driver’s license for thirty days. Conviction of a sEcond offense can result in a one-year revocation of a driver’s license plus other penalties.

    Resource Sharing

    Information Partnership Program

    Though Washington State is drying up from this summer's record temperatures, MRSC is awash... in job descriptions! So many job descriptions have been sent to us by the Information Partners that we are still working hard to file them before autumn. If your city or county needs a job description for a new position, or you need to upgrade an older model, give us a call and we'll be glad to shower you with samples.

    The Information Partnership Program seeks current materials from the Washington local governments. The materials received provide answers and support to the challenges faced by cities and counties every day. You may order the materials below by contacting the MRSC library at 1-800-933-6772 or (206) 625-1300, fax (206) 625-1220, or e-mail us at mrsc@mrsc.org. Dueto space limitations, the list below is not complete. A comprehensive list of IP materials received may be requested from the library or viewed on our Web site at www.mrsc.org/library/rshare.htm.

    We encourage you to make this list available to those departments who would benefit from its contents.

    ADULT ENTERTAINMENT STUDIES (Legal/Legislative)

    Bellingham City of Austin, Texas report on adult oriented businesses [46 p.], 1985; City of Phoenix, Arizona adult business study [12 p.], n.d. (LR 2.0000); Camas Chapter 3.36 MC -Adult Entertainment Businesses [6 p.], 5/94, (LR 2.4000); Des Moines adult entertainment study & materials [1 vol.], 1993, (LR 2.0000 D44 A38 1993); DuPont Ordinance No. 97-564 adopting the open space zone and adult entertainment sections of the proposed zoning ordinance [20 p.], Gig Harbor Ordinance No. 768 providing for the licensing and regulation of adult entertainment facilities [29 p.], 1997, (LR 2.4000); Kennewick Ordinance No. 3694 establishing a moratorium on the filing of applications for licenses, permits and approvals for adult entertainment businesses [2 p.], 8/96, (LR 2.6000); Ordinance No. 3696 regulating adult concessions [14 p.], 1/97, (LR 2.4000); Ordinance No. 3699 relating to planning and zoning of adult concessions [4 p.], 2/97, (LR 2.3000); Ordinance No. 3700 continuing a moratorium on the filing of applications for licenses, permits and approvals for adult entertainment businesses [2 p.], 10/96, (LR 2.6000); Longview Ordinance No. 2254 relating to zoning of adult entertainment land uses [6 p.], 1986, (LR 2.4000); Olympia Adult business regulation study [1 vol.], 1996, (LR 2.0000 O46 A38 1996); Omak Adult business Ordinance No. 1345 and history [1 vol.], 1997, (LR 2.4000 O47 A38 1997**); Shelton Ordinance No. 1446-496 relating to land use and zoning, licensing and regulating sexually oriented businesses [34 p.] 4/96, (LR 2.4000); Vancouver Ordinance No. M-3068 regulating panorams or "peep shows" [18 p.], 1993, (LR 2.1000); Staff report and ordinance regulating businesses providing live adult entertainment [37 p.], 7/98, (LR 2.4000)

    BUILDING MAINTENANCE CONTRACTS (Buildings)

    Bellevue Custodial Services at City Hall contract [39 p.], 1996 (PP 3.5000); Custodial Services at Leavitt Bldg. (Dept. Of Transportation) contract [30 p.], 1997 (PP 3.5000); Camas contract for janitorial services [6 p.], 1997, (PP 3.5000); Colville Janitorial service agreement [2 p.], (PP 3.5000); Coupeville Custodial services agreement [5 p.], (PP 3.5000); Deer Park Carpetmaster janitorial service agreement and bond [12 p.], 1996, (PP 3.5000); Grand Coulee Janitorial services agreement [7 p.], n.d., (PP 3.5000); Kennewick police facility janitorial service contract [54 p. + map], 12/97 [PP 3.5000 K43 P65 1997**]; Longview Agreement for janitorial services [6 p.], 1995, (PP 3.5000); Olympia Custodial service agreement with CBM Systems Inc. [4 p.], (PP 3.5000); Omak Resolution No. 21-19 approving contract between Omak and Delrene Romine (with contract attached) [6 p.], 1997, (PP 3.5000); Shelton Janitorial service agreement [2 p.], 1998, (PP 3.5000); Walla Walla RFP and contract with Johnson & Johnson Janitorial for janitorial services for city hall, library, police department & city service center [20 p.], 1997, (PP 3.5000).

    JOB DESCRIPTIONS (Personnel)

    MRSC received job descriptions from most IP partner cities. Individual position descriptions have been filed by subject. The following materials are comprehensive collections. Anacortes job descriptions (1 vol. + 1 disk), 1998, (PE 11.0000 A5 J63 1998 DSK); Camas Class specifications (1 vol.), 1998. (PE 11.0000 C3 J63 1998); Ellensburg job descriptions (2 disks), 1998, (PE 11.0000 E43 J63 1998 DSK); Gig Harbor Job descriptions (1 vol.), 1998. (PE 11.0000 G54 J63 1997); Longview Job descriptions (1 vol.), 1997. (PE 11.0000 L65 J63 1997); Monroe Job descriptions (1 vol.), 1997. (PE 11.0000 M61 J63 1998); Poulsbo job descriptions (1 vol.), 1998, (PE 11.0000 P58 J63 1998); Shelton job descriptions (2 disks), 1998, (PE 11.0000 S5 J63 1998 DSK); Spokane job descriptions (1 vol.), 1998, (PE 11.0000 S73 J63 1998 ); Tumwater Job descriptions (1 vol.), 1998. (PE 11.0000 T83 J63 1998); Vancouver job descriptions (3 disks), 1998, (PE 11.0000 V35 J63 1998 DSK); Walla Walla job descriptions (2 disks), 1998, (PE 11.0000 W33 J63 1998 DSK);

    NOTICE OF CIVIL VIOLATION FORMS (Police, Buildings)

    Bellevue Notice of civil violation forms [2 p.], 1998 (PS 7.4150); Bellingham Copy of state citation [2 p.], n.d., (PS 7.4150); Des Moines Notice of infraction against uniform building code [5 p.], (PS 7.4150) ; Notice of infraction: failure to secure valid business license [2 p.], (PS 7.4150); Gig Harbor sign code violation & civil penalty notice [2 p.], (PS 7.4150); Olympia Notice of violation: building section [1 p.] (PS 7.4150);

    ORDINANCES ADOPTING NEW SEPA RULES (Ch. 43.21C RCW) (Planning, Legal)

    Bellingham Ordinance No. 9362 prescribing and establishing procedures to implement SEPA rules [80 p. +], 1985, (EN 3.4100); Colville Ordinance No. 1107 prescribing and establishing procedures to implement SEPA rules [10 p.], 1995, (EN 3.4100); Des Moines Ordinance No. 1217 adopting revised SEPA rules [9 p.], 1998, (EN 3.4100); DuPont Ordinance 98-608 adopting Chapter 197-111 of the Washington Administrative Code (SEPA rules), [5 p.], 1998, (EN 3.4100); Friday Harbor Ordinance No. 1087 adopting revised SEPA rules [16 p.], 1998, (EN 3.4100); Gig Harbor Ordinance No. 791 adopting revised SEPA rules [9 p.], 1998, (EN 3.4100); Grand Coulee Model Ordinance Chapter 173-806 WAC [22 p.], 1998, (EN 3.1000); Monroe Ordinance No. 1135 relating to adopting SEPA rules [1 p.], 1998, (EN 3.4100); Shelton Ordinance No. 1443-496 relating to permit review and processing in combining and consolidated the land development process in the City if Shelton. Passed 4/1/96. (PL 2.0500); Spokane Ordinance C-27652 enacting new code chapter 11.10 relating to environmental policy [60 p.], 9/17/84 (EN 3.4100); Steilacoom Ordinance No. 1232 relating to Environmental Policies [19 p.], 1998, (EN 3.4100); Vancouver Ordinance No. M-3349 updating the Environmental Procedures Code to conform to 1997 amendments (ch. 43.21C RCW & WAC 197-11-904) to the State Environmental Policy Act Rules. [53 p.], 3-98, (EN 3.4100); Ordinance No. M-3270 provides rules and regulations for processing of land use project permits applications; interim ordinance [30 p.], 11-96, (PL 2.0500); Ordinance No. M-2503 prescribing and establishing procedures to implement the State Environmental Policy Act [original SEPA ordinance][33 p.], 10/84 (EN 3.4100).

    New Acquisitions

    This list contains new publications, ordinances, and other materials recently received by the MRSC library. We also prepare a more comprehensive list of new acquisitions each month which is posted on our Web site at http://www.mrsc.org/library/newacq.htm . If you would like to borrow one or more of these publications, please contact Julie Hersum in our library at (206) 625-1300.

    Economic Development

    101 Ideas on Economic Development, Cal Clark, Omaha, NE, People Natural Gas, 1994, vi, 115 p. A guide to promoting Economic development and community development in rural areas. [ED 0.0009 O54 1994]

    101 More Ideas on Economic Development, Cal Clark, Omaha, NE, UtilCorp United, 1997, vi, 128 p. [ED 0.0009 O541 1997]

    North American Industry Classification Manual: United States,Executive Office of the President, Office of Management and Budget, Washington, D.C. , U.S. G.P.O., 1997, 1247 p. [ED 0.0009 N67 1997]

    Environment

    Treatment of Vector Solids, Richard J. Watts, Alexander Jones and Michael Harrington, Washington State Transportation Center, Olympia, WA, Washington State Department of Transportation, 1998, 47 p. A study evaluating the most effective, Economical, and practical method of disposing of vector solids (soils contaminated with street pollutants that clog street drain grills) and street sweepings. [EN 9.2000 T74 1998]

    Wetland Mitigation : Mitigation Banking and Other Strategies for Development and Compliance, Mark S. Dennison, with contributions from James A. Schmid, Rockville, MD, Government Institutes, 1997, xvii, 305 p. [EN 4.1000 W456 1997]

    Finance

    Construction Contract Claims, Changes and Dispute Resolution, Paul Levin, 2nd edition, Reston, VA, ASCE Press, 1998, xv, 255 p. Offers easy to understand steps to proper administration of claims and change orders for contractors. [F 8.4700 C65 1998]

    A Guide for Selecting Pension Custodians: Writing RFPs and Evaluating Proposals, Robert Pam, Chicago, Government Finance Officers Association, 1997, vi, 19 p. (15mm x 23mm).1 computer disk: sd., col., 3-1/2 in. [F 4.7100 G85 1997]

    Local Government Dollars & Sense: 225 Financial Tips for Guarding the Public Checkbook, Len Wood, Rancho Palos Verdes, CA, The Training Shoppe, 1998, xxii, 362 p. A guide for localelected officials to understand their financial oversight responsibilities. [F 1.0000 L63 1998]

    Public Purchasing: A Checklist for the Local Government Manager, Donald Harney, International City/County Management Association (ICMA) Management Information Service, Washington, D.C., ICMA, 1998, 18 p. Suggestions on creating public procurement management guidelines, establishing policies and procedures, drafting specification and contract clauses, and managing a service contracting program. [G 0.0000 I5m v.30 no.6]

    Government Administration

    Applying Performance Measurement: A Multimedia Training Program (computer file), International City/County Management Association, Washington, D.C., ICMA, 1998, 1995, 1 computer compact disc: digital, 4-3/4 in. [G 9.7000 A77 1998]

    You Won - Now What?: How Americans Can Make Democracy Work from City Hall to the White House, Taegan D. Goddard and Christopher Riback, New York, Scribner, 1998, 270 p. An entertaining examination of how novice government officials and appointees can take a common sense approach to public service. [G 1.6000 Y67 1998]

    Human Services

    The State Children's Health Insurance Program: A Look at the Numbers, Frank Ullman, Brian Bruen, and John Holahan, Washington, D.C., The Urban Institute, 1998, 20 p. + notes. [H 4.5500 S73 1998]

    Catching up on Welfare Reform, Washington Research Council, Olympia, WA, 1998, 14 p. Gives an overview of Washington's new welfare program, Workfirst. [G 0.0000 W3s 5/98]

    Information Systems

    The Death of Distance: How the Communications Revolution Will Change Our Lives, Frances Cairncross, Boston, MA, Harvard Business School Press, 1997, xvi, 303 p. [IS 0.0009 D43 1997]

    Seattle Resolution No. 29782 creates a "Community Kiosks Task Force" to advise city council and mayor on policy and funding options for providing public kiosks in Seattle, passed 6-98 [LR 82.2500]

    Year 2000 (videorecording), National Association of State Information Resource Executives, NASIRE, 1997, 1 videocassette (13:47 min.): sd., col., 1/2 in. Examines the Year 2000 computer software problem and how governments and businesses can plan to avoid disaster. [IS 2.3100 Y431 1997]

    Land Use Planning

    The ABZs of Planning Management, Paul C. Zucker, San Diego, CA, West Coast, 1997, xii, 321 p., ill. [PL 1.0000 A39 1997]

    Brownfields Development: Programs and Strategies for Rehabilitating Contaminated Real Estate, Mark S. Dennison, Rockville, MD, Government Institutes, 1998, xxvi, 407 p. [PL 5.6200B667 1998]

    The City of Seatac Development Handbook: Successfully Navigating the Project Review Process, City of SeaTac, WA, 1997, 108 p., ill. [PL 2.1110 S4 D48 1998]

    Obsolete Subdivisions and What to Do about Them, Donald L. Elliott, Denver, CO, Rocky Mountain Land Use Institute, 1997, 25 p. [PL 7.0000 O27 1997**]

    Planning for Balanced Development: A Guide for Native American and Rural Communities, Susan Guyatte, forward by Dave Warren, Sante Fe, NM, Clear Light, 1996, xvi, 312 p., ill. [PL 4.3000 P53 1996]

    Parks and Recreation

    Proposal for a Skate Park Facility for the City of Yakima, Yakima Skate Park Committee, Yakima, WA, City of Yakima Parks & Recreation, 1998, 30 p. [LR 83.0000 Y33 S53 1998]

    Personnel

    Maximizing the Value of 360-Degree Feedback: A Process for Successful Individual and Organization Development, Walter W. Tornow, Manuel London and Center for Creative Leadership, San Francisco, CA, Jossey-Bass, 1998, xxiv, 291 p. A guide to the 360-degree feedback method of employee performance assessment and improvement. [PE 8.1000 M39 1998]

    New Employment Issues in the Electronic Workplace, Susan E. Culbreath, Attorney, Brentwood, TN, M. Lee Smith, 1998, vi, 43 p. Examines the electronic monitoring of employees and the issues surrounding the practice, including privacy rights, the Electronic Communications Privacy Act (ECPA), state privacy laws, and includes a sample monitoring policy. [PE 6.7100 N48 1998]

    Supervisors' Safety Manual, National Safety Council, 9th edition, Itasca, IL, 1997, x, 387 p., ill. A safety manual designed for supervisors and management to take them step by step through the process of learning how to manage and control safety problems. [PE 1.6000 S87 1997]

    Public Safety

    Sensible Justice: Alternatives to Prison, David C. Anderson, New York, New Press, 1998, ix, 182 p. Explores alternative sanctions that substitute for jail and prison, including work to repay the community or earn restitution for victims; house arrest under high-tech electronic supervision; correctional boot camps; and counseling programs for drug and sex offenders. [PS 2.8100 S45 1998]

    Developing an Emergency Operations Center, William Moore, International City/County Management Association, Management Information Service, Washington, D.C., ICMA, 1998, 12 p. Report stresses the value of having a centralized emergency operations center (EOC) that is used in conjunction with mobile units for responding to and managing disasters. [G 0.0000 I5m v.30 no.7]

    Public Works

    Using Reclaimed Water to Augment Potable Water Resources: A Special Publication, prepared by a joint task force of the Water Environment Federation and the American Water Works Association (AWWA), Alexandria,VA, WEF, 1998, 357 p. [UW 4.7000 U85 1998]

    Telecommunications

    Tower Site Regulation Handbook, National Association of Broadcasters Science & Technology Department, Washington, D.C., NAB, 1998, vi, 542 p., ill. [PL 8.3725 T69 1998]

    Transportation

    Asphalt Nation: How the Automobile Took over America and How We Can Take it Back, Jane Holtz Kay, New York, Crown, 1997, xii, 418 p., ill. [T 4.1000 A76 1997]

    Information of Traffic Calming (compilation), Municipal Research and Services Center of Washington, Seattle, WA, MRSC, 1998, 1 vol. [T 3.4600 I54 1998]

    Pedestrian Facilities Guidebook: Incorporating Pedestrians into Washington's Transportation System, prepared by Otak, sponsored by Washington State Department of Transportation, Puget Sound Regional Council, County Road Administration Board, Association of Washington Cities, Olympia, WA, WSDOT, 1997, 244 p., ill. [T 6.2000 W3 P43 1997]

    Spokane Ordinance C-32198 updates the Motor Vehicles Code to incorporate changes made by the 1998 Washington legislative session; unauthorized use or parking in disabled parking areas; impound notice, abandoned vehicle report, owner information, disposition report; responsibility of registered owner; notice to legal and registered owners; removal by police officer; redemption of vehicles, sale; alcohol violator, penalty; alcohol violators, vehicle seizure and forfeiture; driving under the influence, 6-98 [T 3.2200]

    Transportation & Land Use Innovations: When You Can't Pave Your Way out of Congestion, by Reid Ewing, Chicago, IL, American Planning Association, 1997, 106 p., ill. [PL 5.2500 T734 1997]

    Washington Model Traffic Ordinance, Municipal Research & Services Center of Washington and Association of Washington Cities, Seattle, WA, MRSC, 1998, 158 p. [T 1.3300 W38 1998]

    Seeking Intergovernmental Solutions

    MRSC is looking for examples of intergovernmental cooperation to include in a database as a resource for local government. The database will contain examples of local government coordination and cooperation in the solution of common problems, cost effective ways to deliver services, and examples of resource pooling - sharing of personnel, facilities, and management techniques. We are looking for new and imaginative ways in which local governments have cooperated in the provision of needed local public services at a reasonable cost. If you are awareof examples of such cooperation that would be useful to document for the database, please contact:

    Lynne De Merritt at MRSC (206) 625-1300, or E-mail ldemerritt@mrsc.org.

    Municipal Research & Services Center of Washington
    2601 Fourth Ave, Ste 800
    Seattle, WA 98121-1280
    Tel (206) 625-1300 - Fax (206) 625-1220
    E-Mail mrsc@mrsc.org - Web http://www.mrsc.org