Council PKT 10-21-2008 Regular
~. Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
October 21, 2008 - 7:00 pm
(www.cityoffederalway.com)
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
.
Mayors Day of Concern for the Hungry
Outstanding Law Enforcement Professionalism Award
Certificate: Federal Way neighborhood volunteer work on Hoban Residence
Certificate of Service: Parks & Recreation Commissioner
.
.
.
.
Certificate of Appointment: Youth Commission (10/7/08 Council Mtg.)
Certificate of Appointment: Ethics Board (10/7/08 Council Mtg.)
Certificate of Appointment: Lodging Tax Advisory Committee (10/7/08 Council Mtg.)
City Manager Emerging Issues
a. Introduction of New Employees
b. Transportation Impact Fee Presentation (page 3)
.
.
. .
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and
state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (8) MINUTES. The Mayor may
interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety lYy a Council Committee if three members and brought
bifore full Council for approval; all items are enacted lYy one motion. Individual items may be removed lYy a Council member
for separate discussion and subsequent motion.
a. Meeting Minutes: October 7, 2008 Special Meeting & October 7, 2008 Regular Meeting (page 7)
b. 2009 Asphalt Overlay Program - Preliminary List and Authorization to Bid (LUTe 10/6/08) (page 16)
c. Ordinance: Portable signs in the Public Right of Way (First reading 10/7/08) (page 27)
d. Amendment to Diversity Commission By-laws (PRHSPS 10/14/08) (page 126)
e. Ordinance: Establish a Traffic Safety Fund (First reading 10/7/08) (page 129)
fILA: Patrol Auto Theft Task Force with 17 LE Agencies (PRHSPS 10/14/08) (page 135)
g. West Campus Trail Tree Removal (PRHSPS 10/14/08) (page 146)
h. Asphalt Path Repair (PRHSPS 10/1-4/08) (page 147)
6. COUNCIL BUSINESS
a. Commission Appointment - Planning Commission (page 149)
b. Commission Appointment - Diversity Commission (page 150)
c. Christie's Crossing Agreement (page 151)
d. 2009-2010 Human Services Commission Funding Recommendations (PRHSPS 10/14/08) (page 157)
e. Recommended 2009-2010 Budget to Council (page 184)
7. INTRODUCTION ORDINANCE
a. Outdoor Storage Containers Zoning Text Amendment (LUTC 10/6) (page 186)
8. CITY COUNCIL REPORTS
9. CITY MANAGER REPORT
10. EXECUTIVE SESSION
a. Collective Bargaining pursuant to RCW 42.S0.140( 4 )(b)
11. ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
COUNCIL MEETING DATE: October 21,2008
ITEM
3.b.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: TRANSPORT A TION IMP ACT FEE (TIF) PROGRAM -INFORMATION ONLY
POLICY QUESTION: N/A
COMMITTEE:
MEETING DATE:
CATEGORY:
o Consent
City Council Business
D Ordinance
D Resolution
D
~
Public Hearing
Other
~IA!!~!2~I_~r~g.i~_~ard ~:-~~~~~"_~ .E.,_g~t:LT~af!}~.~~g~ne_~ ...
DEPT: Public Works
Attachments: Memorandum dated October 14,2008
Options Considered: This item is for information only.
----.-----.-....-----..---.--.---.-.--..-......--.....--.-..-----....-.........-.-....--...-.-..-..--.............--....-...-.........--...-..----.-------..-.---.--......------.....-............-.......--.....-...--....-.-....--....-...--..-----...---
STAFF RECOMMENDATION: N/A
CITY MANAGER ApPROVAL: N I A
Committee
DIRECTOR APPROVAL:
N/A
Committee
COMMITTEE RECOMMENDATION: N/A. Item is for information only.
Jack Dovey, Chair
Eric Faison, Member
Dean McColgan, Member
PROPOSED COUNCIL MOTION: No motion necessary. Item is for information only.
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDffiEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
. COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
3
City of Federal Way
Proposed TIF Implementation Schedule and Public Outreach
Schedule Activitv
Sept/Oct Technical Studies/Draft Impact fee rates
Introduce Program: LUTC and Council meeting,
Oct/Nov. Planning Commission, Economic Development
Committee, etc.
Late Nov/Early Dec. LUTC of the whole - Show TIF rates
Dec. Complete impact fee rate study
Dec. Draft impact fee ordinance/code
Jan. 2009 Permit Stakeholder Meeting (Master Builders,
Developers, Engineers, School District, etc.
Jan. 2009 Planning Commission - Show TIF rates
Feb 2009 LUTC Consider ordinance - recommend to
Council
Feb/Mar 2009 Council reading and adoption
July 2009 TIF Implementation
K:\TRAFFIC\2008 TIF\TIF Public Outreach and Imgjementation Schedule 10-14-08 - Aft 2.doc 1
9/16/08
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
October 14,2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chief Operating Officer, Emergency
Manager ~
Rick Perez, P.E., City Traffic Engineer' ''1
Sarady Long, Senior Transportation Planning Engineer ~
Traffic Impact Fee (TIF) Program
VIA:
FROM:
SUBJECT:
BACKGROUND:
Historically, the City utilized the State Environmental Policy Act (SEP A) as a tool to require
new development to mitigate their traffic impacts on the City transportation system to meet the
adopted level of service standards. Typically, development generating 10 or more weekday PM
peak trips impacting the current adopted Transportation Improvement Plan (TIP) projects are
required to pay a percentage (pro-rata share) of the estimated cost of the improvements. If the
required improvements are not listed on the current TIP, the developer would either construct the
improvements or wait until the project is added to the TIP project list.
On January 2007, the City implemented the concurrency system with code authority to collect
transportation mitigation pro-rata shares consistent with RCW 82.02. The new concurrency
system applied to all development generating new trips with exception of the City Center
Planned Action area which is subjected to the Planned Action SEP A fee and has a set fee of
$2,827 per PM peak trip. Under the current systems, fees assessed on new development are
calculated on a case-by-case basis.
Traffic mitigation under both systems is time consuming, very costly and unpredictable for the
developer. There is also a perceived fairness issue pertaining to some development paying no
traffic mitigation and other paying over $5,000 per trip depending on the location of the
development. SEP A is still required to address safety, access and impacts occurring during other
peak periods.
What is a Traffic Impact Fee (TIF)?
"Impact fie" means a payment of money imposed upon development as a condition of
development approval to pay for public facilities needed to serve new growth and development,
and that is reasonably related to the new development that creates additional demand and need
for public facilities, that is a proportionate share of the cost of the public facilities, and that is
used for facilities that reasonably benefit the new development. "Impact fee" does not include a
reasonable permit or application fee. - RCW 82. 02. 090 (3)
K:\LUTC\2008\09-22-08 TIF Program Alt2.doc
5
LUTC Memorandum
RE: Traffic Impact Fee (TIF) Program
September 22, 2008
Page Two
The Federal Way Comprehensive Plan Policy TP85 has called for the implementation of a
Traffic Impact Fee (TIF) system to better assure consistency with concurrency requirements of
the Growth Management Act. The impact fees are mitigation payments authorized under GMA
(82.02.050); however, SEP A is still required to address safety, access, and impacts occurring
during other peak periods. The impact fee provides a fairer and more consistent manner of
mitigating the impacts of new development. There are several important advantages of the GMA
impact fees over the City's existing system.
· All development would pay the same impact fee per trip which provides predictability
and simplicity; currently in the existing system, fees are based on a case-by-case
basis;
· Developers can estimate potential traffic mitigation early in the process thus provide
pred}ctability and simplicity;
· Impact fees are "system improvements" as opposed to 'project improvements"; thus
funding can be "pooled" to fund project(s); currently we track payment made to
individual projects; and
· Local government may use either Six- Year TIP or CIP projects listed from the
Comprehensive Plan to derive the impact fee rate; currently, we are limited to
projects that can be built within five years.
Staff has selected Fehr & Peers Mirai as the consultant to develop the impact fee. Staff proposes
to use a Project Management Team consisting of staff from Public Works, Community
Development, and Law departments, Chamber of Commerce representatives, and possibly
Council members to provide policy direction to the consultant. A draft of the public involvement
schedule is attached. Staff proposes to have the work completed and adoption of an ordinance
by March 2009.
Staff is presenting this item as information only and will present a draft impact fee rate to the
LUTe of the whole in late fall of 2008 for comments and direction.
Attachment: Draft TIF Implementation Schedule and Public Outreach
cc: Project File
Day File
K:\LUTC\2008\09-22-08 TIF Program AIt.2.doc
6
MEETING DATE: October 21, 2008
ITEM# 5.a.
___n__..._.__..._..__...._____._.~_.m_...__._....__..._.........................._...___...__...._....___............____....._.......___......._..mm......._.__................._.......
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL MEETING MINUTES
......mm__.......................__....__......_..........................................--..-........____..___. '..................._............._......___......_.....__................._...._.__.__....._................ .m.........................___........__............. .....m.....__ ...-.-......_..._.........___..........._.._......_m.......mm...._.__...................__..........._..........___..._____..._........._......
CATEGORY:
BUDGET IMPACT:
IZI CONSENT
o RESOLUTION
o CITY COUNCIL BUSINESS
o ORDINANCE
o PUBLIC HEARING
o OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
._m......._.............._..._............._____m.._.........._...._.__-..-...__.._._.____.___..._......___......___..._.____..._.._._..._._..._..______._._m__...._.._...._.__._......._.__........_..._..._......__....__._
ATTACHMENTS: Minutes from October 7,2008 City Council special meeting.
Minutes from the October 7, 2008 City Council regular meeting.
--...-..............-...--.-.-......--..----....--.-.-.--......-.....-.--.-.-.--.--.---.-.-.......-...--..-.-..--...---..-.--..-..-.--.-.-.-..-....--........--...--
SUMMARYIBACKGROUND:
......-.........-.-..--.--.....-.-...-.......-........-..----.-.-.........-.-.-..--.--..-.--.-.-...-.---..--......-.-.-..--...-..-..-.----.--.--...---....
The City Council meeting minutes are a permanent record pursuant to RCW requirements.
--..........--..-..--.....-.....--.--..---..-.......----...-.-...-.-..-...--.---.-----.--..-...-.-..-.-......--.-......-......-.-..-.-...-.--....-.--.--....-.--.......-.....-.-..-...-..-......--..-...-..-..-...-.---....-..-..-.----...-.-.-...-..-....------.-......--...--.....--.-.....-.-.-.-----.--.-.--....--.--..-.---
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
--.---.......--..-....--.-...-.........-.--..-.-........-.-...-.........---.....---....-.-.-.--.........---.-.-.....-...-.............-..-..-.......-.......-.-......--.--...........-.--..-.-....-....--....-.-...-.......-.-
PROPOSED MOTION: "I move approval of the October 7,2008 City Council special and regular meeting minutes."
...-..-............................-........-.............-...-........................-...-.-........--............_.....~........._..........._....._........_............-..............................-.....--.-....................-...................-.....-......-..--............-.----.............
CITY MANAGER APPROVAL: ~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
7
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
October 6, 2008
Special Meeting Minutes
4:30 PM
(www.cityoffederalway.com )
I. CALL MEETING TO ORDER
Mayor Dovey called the special meeting to order at 4:30 PM. Deputy Mayor Faison,
Councilmembers Kochmar and Burbidge were present.
To accommodate the number of interviews, the council divided into two groups and conducted
the interviews as follows:
II. COMMISSION CANDIDATE INTERVIEWS
Deputy Mayor Faison and Councilmember Burbidge conducted the following interviews:
Youth Commission Interviews - Dash Point Room
4:30 pm Benjamin Jun
4:40 pm Barbara Jun
4:50 pm Jean Kim
5:00 pm Samuel Tang
5:10 pm Nevins Ramanujan
5:20 pm Da Keum
5:30 pm Deliberations
Mayor Dovey and Councilmember Kochmar conducted the following interviews:
Ethics Board Interviews - Hvlebos Room
4:30 pm
4:40 pm
4:50 pm
Chris Johnson (Unable to attend)
Sonia Lewis
Byron Hiller
Lodging Tax Advisory Committee Interviews - Hvlebos Room
5:00 pm Joann Piquette
5:10 pm Adina Lake
5:20 pm Katia Ono
5:30 pm Gerry Lamontagne
5:40 pm Deliberations
8
October 7,2008 Special Meeting Minutes
III. DISCUSSION
Page 2 of 2
The council discussed the interviews and proposed appointments to make at the Regular Council
Meeting following this meeting.
IV. ADJOURN
The meeting adjourned at 6:00 PM.
ATTEST:
Carol A. McNeilly, CMC
City Clerk
Approved by Council:
9
.. CITY OF
~ Federal Way
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
October 7,2008 -7:00 pm
Minutes
1. CALL MEETING TO ORDER
Mayor Dovey called the meeting to order at 7:05 p.m.
Councilmembers present: Mayor Dovey, Deputy Mayor Faison, Councilmembers Ferrell, Burbidge, Duclos
and Kochmar present. Mayor Dovey excused Councilmember Park.
Staff present: City Manager Neal Beets, City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Students Holly and Hannah led the pledge of allegiance.
3. PRESENTATIONS
· Proclamation: DECA week October 3-10 at Decatur High School
Deputy Mayor Faison read the proclamation and presented it to Kelsey Owsley, DECA President at
Decatur High School.
· Proclamation: Domestic Violence Awareness Month
Councilmember Duclos read the proclamation and pr~sented it to Donna Williams, YMCA
Representative and Federal Way Judge Larson.
· Proclamation: Arts and Humanities Month
Councilmember Burbidge read the proclamation and presented it to Joann Piquette, Chair of the
Federal Way Arts Commission, Sandy Pettit and Peggy Altman, members of the South Sound Artist
Association.
· Presentation of Arts Alive Juried Exhibition Award Winners- Juror's Choice and Commission's Choice
Peggy Altman, of the South Sound Arts Commission commented on the vast array of art submitted to
the art exhibition. She presented the Juror's Choice Award to Peter Gallagher for his piece entitled
"Sonnets of the Golden Moon". Mr. Gallagher will receive $200 as well a solo art exhibit in 2009.
Mr. Gallagher's sister in-law accepted the award on his behalf. The Commissioner's Choice Award
was presented to Frances Veiling for her piece entitled "Morning View." In addition to the award,
Ms. Veiling received $150.
10
Federal Way City Council Meeting Minutes
October 6, 2008 - Page 2 of 6
· Certificates: Seventh-day Adventists- Education and Community Services
Mayor Dovey reported that earlier in the year a group of teachers from the Seventh Day Adventist
Church volunteered their time to help the City cut ivy, clean up a residence and other tasks. He
thanked the teachers as well as the staff members who organized the work parties, and presented
Certificates of Appreciation on behalf of the City Council. Representatives from the group; Denise
White, Colette Newer, Miranda Whidden, Roxanne Wright and Greg Reseck accepted on behalf of all
the volunteers. They thanked the Council for the opportunity to volunteer locally on projects that
benefited their community.
Council member Duclos thanked Mayor Dovey for extending the Mayors Day of Concern to a month
long event. She reported that 74,000 Ibs. of food which equates to $111,030 offood was donated.
She also thanked the many volunteers for donating and staff for their efforts with the event as well.
· City Manager Emerging Issues
1. Municipal Code Update:
Deputy City Attorney Aaron Walls reported that last year the City started a review of the City
Code and identified lack of definitions, inconsistencies in processes, conflicting regulations, and
other items needing clarification or updating. Staff has recently received a draft version that
includes updates to the civil code, land use, nuisance code, animal code and other areas. The
draft plan will to through committee reviews and staff hopes to present it to Council at their
December 16, 2008 meeting for approval.
2. Introduction of New Employees:
Mr. Beets introduced Peter Beckworth, the new Assistant City Attorney. Mr. Beckworth
previously worked at Kenyon, Disend Law Firm where he was the City Attorney for numerous
local municipalities. Mr. Beets also introduced Bryant Enge, the new Assistant City Manager. Mr.
Enge has worked for the Seattle Department of Transportation as well as the City of Portland,
Oregon.
3. Additionally, Mr. Beets noted that Federal Way was featured in the Fall edition of South Sound
Magazine.
4. CITIZEN COMMENT
1. Marilyn Gates - Ms. Gates thanked the council and staff for their work on the proposed sign code
amendments. She is pleased that the hour restrictions do not interfere with the operation of small
business that open early morning. She would like to see the Council adopt the language "between sunrise
to sunset" when referring to allowable times, rather than using city hall business hours.
2. Sam Pace - Mr. Pace spoke on behalf of the 8,500 plus members of Seattle King County Association of
Realtors regarding the proposed sign code amendments. Signs are important for business owners, and
support an efficient real estate market. They do not solely benefit real estate agents; they benefit
residents needing to sell their homes due to financial distress, as well as home buyers who want to live in
the city. Mr. Pace thanked the council for the opportunity to speak on this item.
3. Carla Sitzler -Ms. Sitzler has lived in Federal Way since 1975. She received a junk vehicle violation from
the city due to her neighbor complaints. She feels the codes are too restrictive and sees homes all over
that are in violation but have not received violation notices. She noted that she has health issues and she
will do her best to comply with what the city is asking of her.
11
Federal Way City Council Meeting Minutes
October 6, 2008 - Page 3 of 6
4. Bettv Tavlor - Ms. Taylor is a resident of the Waterberry Park apartments. She thanked the Police for
meeting with the residents to discuss a Block-watch program. In an effort to improve safety, lighting
improvements along 1 ih Avenue are necessary. She asked the council for help in improving the lighting
around the Waterberry Park apartments.
s. CONSENT AGENDA
a. Monthly Financial Report (FEDRACSeptember23, 2008)
b. Wynstone Final Plat (lUTCSeptember22,2008)
C. 2009 Street Sweeping Services - Authorization to Bid (lUTCSeptember22,2oo8)
d. Steel lake Maintenance Yard Paving - Final Approval and Retainage Release (LUTCSeptember22, 2008)
e. Fall 2008 Tourism Enhancement Grant Applications (FEDRAC September 23, 2008)
f. West Hylebos Cooperative Agreement (LUTC September 22, 2008)
g. BPA Trail at SW 356th Street Pedestrian Crossing (lUTC September 22,2008)
MOTION: Deputy Mayor Faison moved approval of the Consent Agenda; Councilmember Kachmar second.
VOTE: The motion carried 6-0.
6. COUNCil BUSINESS
a. Commission Appointment - Youth Commission
Deputy Mayor Faison reported that prior to the meeting; he along with Council member Burbidge
interviewed six applicants for the Youth Commission.
MOTION: Deputy Mayor Faison moved the following appointments to the Youth Commission;
1. Benjamin Jun as a regular member to serve a 3-year term;
2. Jean Kim as a regular member to serve a 3-year term;
3. Samuel Tang as a regular member to serve a 3-year term;
4. Da Keum as a" regular member to serve a 3-year term;
5. Nevin Ramanujan as a regular member to serve a I-year term;
6. Barbara Jun as an alternate member to serve a 3-year term.
Council member Burbidge second the motion.
VOTE: Motion carried 6-0.
b. Commission Appointment - Ethics Board
Councilmember Kochmar reported that prior to this meeting, she and Mayor Dovey conducted interviews
to appoint member to the Ethics Board.
MOTION: Councilmember Burbidge moved the following appointments to the Ethics Board, with terms
expiring June 30, 2011;
1. Byron Hiller to serve a 3-year term;
2. Sonia Lewis to serve a 3-year term.
Deputy Mayor Faison second the motion.
VOTE: The motion carried 6-0.
12
Federal Way City Council Meeting Minutes
October 6, 2008 - Page 4 of 6
C. Commission Appointment - Lodging Tax Advisory Committee
Mayor Dovey reported that the Lodging Tax Advisory Committee is unique in the sense that they
recommend distribution of funds for tourism. Prior to this meeting he and Councilmember Kochmar
interviewed candidates to appoint to the Lodging Tax Advisory Committee.
MOTION: Mayor Dovey moved the following appointments to the Lodging Tax Advisory Committee;
1. .Re-appoint Joann Piquette to a 2 year term, expiring October 31, 2010
2. Re-appoint Adina Lake to a 2-year term, expiring October 31, 2010
3. Appoint Katia Ono to a 2-year term, expiring October 31, 2010.
4. Reappoint Gerry Lamontagne to a 2-year term, October 30, 2010
Council member Kochmar second.
VOTE: Motion carried 6-0.
7. INTRODUCTION ORDINANCE
a. Portable signs in the Public Right of Way
An Ordinance of the City of Federal Way, Washington amending Federal Way City Code (FWCC) Chapter
22, Article XVIII, "Sign," related to portable signs in the public right-of-way (Amending Ordinance No's.
90-43,91-113,92-135,92-144,95-235,96-270,97-307, 99-342, 99-348, 99357, 01-398, 05-504, 06-523)
Mayor Dovey recused himself from this item. Senior Planner Margret Clark reviewed the proposed
amendments to the sign code. If approved this ordinance would allow portable signs in certain areas of
the city, during specific times and limit the number of signs per business to ten. Both the LUTC and the
Planning Commission have reviewed and commented on the ordinance. Additionally, the Planning
Commission conducted a public hearing to receive comments from the public. Councilmembers asked
clarifying questions of staff.
Deputy Mayor Faison asked staff to include a requirement that contact information must be place on
portable signs.
MOTION: Council member Ferrell moved to adopt the Land Use and Transportation Committees
recommendation. Council member Duclos second.
Deputy Mayor proposed a friendly amendment, to require contact information on the signs.
Amendment was approved by maker of the motion and second.
VOTE: Motion carried 5-0; Mayor Dovey recused.
b. Establish a Traffic Safety Fund
An Ordinance of the City Of Federal Way, Washington providing for the establishment of a traffic safety
fund, defining its purpose and revenue sources; and specifying the funds administrator to the be City
Manager or his designee.
Deputy Police Chief Andy Hwang provided a summary of the trial period with the photo-traffic
enforcement program. The tw(}intersections where the equipment is located are; S. 348th & Enchanted
Parkway, and 320th & Pacific Hwy. A total of 2,324 violations were captured in 30-days. Letters were
mailed to those drivers notifying them of the violation. Drivers did not receive citations until September
25, 2008. The fine for running a red light is $124; in addition, offenders receive a web-link where they can
13
Federal Way City Council Meeting Minutes
October 6, 2008 - Page 5 of 6
view the violation. Violations are issued to the registered owner of a vehicle and if they did not commit
the violation, they are able to sign an affidavit to that fact.
Mr. Hwang stated he would report back to Council in approximately ninety days.
City Attorney Pat Richardson added that the Council agreed to participate in a 1-year pilot program.
Funds collected from this program will be used for traffic enforcement, education and engineering.
Staff is requesting a fund dedicated to revenues from this program be established. Council asked
clarifying questions of staff. City Clerk Carol McNeilly read the Ordinance into the record.
Motion: Deputy Mayor Faison moved the Ordinance to second reading and approval at the next
regular meeting; Councilmember Ferrell second.
VOTE: Motion carried 6-0
8. CITY COUNCIL REPORTS
Councilmember Ferrell thanked staff for increasing the visibility of the photo enforcement signs. He reviewed
the schedule for the upcoming budget meeting, which begins on October 21 and will include presentations for
each department. He encouraged residents to attend the meetings.
Councilmember Kochmar stated the City Council is aware that is a challenging time for many people in regards
to jobs and they will keep that in mind during the 2009-2010 Budget process. She noted local resources for
small businesses.
Council member Burbidge thanked laura Moser of Waste Management for their help with food drive. She
reported on upcoming community meetings and events including a Block Party at the Community Center.
Deputy Mayor Faison reported that the King County Growth Management Council and Maple Valley have
reached an agreement regarding development of county land in the City_
Mayor Dovey reported that next week representatives from the city will be visiting their sister city in Japan.
Councilmember Ferrell thanked Deputy Police Chief Hwang for his quick response in following up with a
citizen concern.
9. CITY MANAGER REPORT
a. City Manger Beets reported the Council will adjourn into Executive Session for approximately 30-minutes
to discuss Collective Bargaining pursuant to RCW 42.30.140(4){b) and Potential litigation pursuant to RCW
42.30.110.(I)(i)
10. EXECUTIVE SESSION
a. Collective Bargaining pursuant to RCW 42.30.140(4){b)
b. Potential litigation pursuant to RCW 42.30.1l0.(I)(i)
The Council adjourned into Executive Session at 8:44 p.m.
14
Federal Way City Council Meeting Minutes
October 6, 2008 - Page 6 of 6
11. ADJOURNMENT
With no additional business before the Council, Mayor Dovey adjourned the meeting at 9:21 p.m.
ATTEST:
Carol A. McNeilly, CMC
City Clerk
Minutes approved by Council:
15
COUNCIL MEETING DATE: October 21, 2008
ITEM #:. 5~b.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2009 Asphalt Overlay Program Preliminary Project List and Authorization to Bid
POLICY QUESTION: Should the Council approve the 2009 Asphalt Overlay Program Preliminary Project List and
authorize staff to proceed with the design and bid of the proposed 2009 Asphalt Overlay Program?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 6, 2008
CA TEGORY:
~ Consent D Ordinance D
o City Council Business D Resolution D
~!A~I!'~!2~!~X:.M~~~I?~~!.!9-.~~1_P':g.~?_~~~i!!KQ.~P.':1.!Y_.~!:!~!~.~9.E~.~..Q!!:.~~!2~
Attachments: Land Use and Transportation Committee memorandum dated October 6, 2008.
Considered:
1. Approve the list of streets for the 2009 Asphalt Overlay Project as presented. Furthermore, authorize staff to
bid all or part of the 2009 Asphalt Overlay Project, returning with a request for permission to award the
project within the available 2009 Asphalt Overlay Budget to the lowest responsive, responsible bidder.
2. Direct staff to modifY the preliminary list and return to Committee for further action.
3. Take no action and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends for
Public Works
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: tJ1;Y\.
Committee
~
Council
COMMITTEE RE=ON' Place Option 1;:::21,2008 counCi2 ~~vaL
. chmar, Chair Jim' Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION: "I move approval of the list of streets for the 2009 Asphalt Overlay Project as
presented. Furthermore, I authorize stqff to bid all or part of the 2009 Asphalt Overlay Project, returning with a
request for permission to award the project within the available 2009 Asphalt Overlay Budget to the lowest
responsive, responsible bidder. "
COUNCIL AeTION:
o APPROVED
o DENIED
o T ABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
16
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
October 6, 2008
Land Use and Transportation Committee
Cary M. Roe, P. E., Assistant City Manager, ChiefOperation\ Offic,"-Emergency Manager
Marwan Salloum, P.E., Acting Deputy Public Works Director ~
John Mulkey, P.E., Street Systems Project Engineer5~
2009 Asphalt Overlay Program Preliminary Project List and Authorization to Bid
BACKGROUND:
Public Works staff has developed a list of recommended streets for the 2009 Asphalt Overlay Program. The total
estimated budget for the program is $2,584,267 and is comprised of the following:
2009 Proposed Overlay Budget
2009 Structures Budget
2008 Carry Forward (estimate)
Mitigation ( estimate)
TOTAL FUNDING AVAILABLE
$2,025,000
$ 146,267
$ 363,000
$ 50,000
$2,584,267
The $146,267 from the structures budget is for the City's annual Sidewalk Maintenance Program, and will cover
the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter,
and sidewalks within the overlay project area.
The following is a preliminary list of streets to be included in the 2009 Asphalt Overlay Program. The streets
were selected using the City's Pavement Management System and were verified by field reconnaissance. The
costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map
and more detailed area maps are attached for your information.
SCHEDULE DESCRIPTION
A 1 st Avenue South
B West Campus Business/Office Park
C 21 Avenue SW
D Village Park
E SW 340 Street
F Brooklake Heights
G Alderbrook
ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS:
10% Construction Contingency
Pavement Management System
In-house Design
Construction Administration
City's Administrative Fee
Printing and Advertising
ESTIMA TED TOTAL PROGRAM COST:
17
AMOUNT
$500,000
$270,000
$164,000
$179,000
$125,000
$377,000
$400,000
$2,015,000
$201,500
$35,000
$63,000
$115,000
$72,000
$3,500
$2,505,000
October 6, 2008
Land Use and Transportation eommittee
2009 Asphalt Overlay Program
Page 2 of2
The estimated cost of $2,505,000 is a preliminary figure used for estimating purposes only and includes
construction administration, ten percent construction contingency, in-house design and construction management,
printing and advertising. The 2009 Asphalt Overlay Project will be awarded within the available overlay program
budget.
Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The
anticipated date for advertising is February 2009, with construction beginning in May 2009.
k:\lutc\2008\\ 0.06-08 2009 Asphalt Overlay Iisl.doc
18
2009 Overlay Project
Preliminary List
N
+
1\1 A-1stAveS
N B - West Campus Business/Office Park
/\/ C-21stAveSW
N 0 - Village Park
N E- SW 340th ST
N F - Brooklake
1\1 G - Alderbrook
Federal Way
CityMap
Map made by -kern
19
Note: This map is intended for use as a graphical rapresentation only.
The City of Federal Way makes no warranty as to its accuracy.
b
(>, ~ :>f
~.i~~ 4-";>-" ~ <<h
1/ ! !C\i
r' ~329 5T /
I I I,~
; >1 > ! \ 1-
to <(, V <(I \Sw>-
--~3JoST
)W331 ~\
ST ~.- ~ I .. '
W "t"' .
V 332 <). "">. ---j~
CT \ SW f::1
~ ~J'~
I ( _~
; ~ S: ) 2PLS'N
CI) 3=
~ it. U)
to ~
335 ST
~~~
:r~J
. ~(O/, ".
- \ l
\/
~#
/ 6,\1'
lap made by -KeN
i (321~.-----/~X~ '~ / --~ \
I /- /if '. ~ \// / '
rs3i51 ( 1" ''--''/~~..y. L \'Q<t--S/
~I ~j?y\~;7
~ I s 329 Pl - /3- fl\ ~"" ~
, ~ ---------...... ' .;)""
i I ! S
\ 1 /
, "-...83.))$\ ~
-~
\ !;;;;~~)
/ \~/
~~J
~
,
/""'\ <t-d'
~4 \\ _nb.4'
s.~~ ~ S~~
~ , \
r )./ I
S3J~LN ~~7 J ~
.' _--J 3~CR
I I en
, , cC '
S::}L~~O' /
- II I en ~~/ ~ ~O'/' /
, I".,.J -",-y ,I
~ 0.. '7' / / Y'
~-=--/ <if /
-_/'-'\"~ / /
5 3:Ji 51
---------
53'!P 51
S3~ 5T
Preliminary 2009
Asphalt Overlay Project
Schedule A
1ST AVE SOUTH
~
<--t
\
I~
\YL
\
\tP
\
\
\
)
I
N
+
Federal Way
CityMap
20 Note: This map is intended for use as a graphical representation oo/y.
The City of Federal Way makes 110 warranty as to its accutaCy.
Q..- -X-' /'
-c" \ \ a\" /
~ -,~'~\ r{1, ~~/
tlJ '\ \ S3JY
/' \ \,'----------~
/ / \
I~~<V '
I c:," \
(\S~~a. / \\
/ ~\,./ \"
l~ \V
\
~
S~
en
z
S 337 LN ! s"- 337 ) ~
(-1 en ~~C,R_,
!,,_______ 1-1 I I I
S338PL ~ I I }
!
/
CJRS
S~S1
S 338 5T
l-....
/
/ ~ I
/ ,.l.,_ /
~'v/ ~ ~8).. /
en ~ / '-.'-./ /
~~ / /~
-~\ ~'>.!l.\ / Y /
\, sft ,/
r-----'/'~,\, ~Al) /'/ ~ ,/
Preliminary 2009
Asphalt Overlay Project
Schedule B
WEST CAMPUS
BUSINESS/OFFICE PARK
/ \ \ !
\ ~ I
~
S~~
c..~/ _\'&-1~
y 8
~-1t..
'\
\
\
~1
N
+
Federal Way
CityMap
lap made by -kern
21 Note: This map is wended fer use as a graphical representation only.
The City of Federal Way makes no warranty as to its acct.rcICy.
\
\
I
!~~
\ I I~~
\\ ~.~ :~L~/
\ ~!
: /'
\ ~) ~-----_./ I
~\ \ // I
<fl'~ I
~ ~
SW316 ST en
>
<(
v
/
~\~o
?')"
op-s\\
s\j'J
317 ST
T-
'"
\
SW317PL
SW317 Pl
318sr .
~, I ~
~1.]J8 I
K/(Ii' I >
\ J ~~
'----- /
SW318
ST
~
\
'\'.
SW 318 Pl
/
j~
en
:E
SW 320 ST
SW 321 LN
Preliminary 2009
Asphalt Overlay Project
ScheduleC
21ST AVE SW
/
~ (319 P
3:
~\
..- \
A
\
SW 320 PL
I
\
\
N
+
Federal Way
CityMap
"
ap made by -kern
2 2 Note: This map is intended for use as a graphical represootation only.
The City of FedetaI Way makes no wamJnty as to its accuracy.
~)"
r\~v
I ~/ ~"\
I ~ \
\\ /
~~~ l)~Q 5T
Sl '\ c# ' >
~<
26 p(
SW 327 ST
'\
\
\ SW328ST
i
\
\
\
3~\ S1
>
<(
~ ~ re ~~~2ST
~ ;\~ 332 ~
,(/ ~---~fJ ~~\~I
~...~ ~: CT ~ PL f;
i ~~3 / ^( :7= 33:~~i
/ f / C:J(-----.---l___
II (~ ~\ \ /
" \~ C-1 \" d ( t>
'" .^ \ .ft ", ~t:lI I
'" I PL
>'
~~--
I
5W 326 5T
~
Z SW328ST
~
SW 329 ST
~
re
>
<(3:;:
~(f)
>
<(
~
. <?,'v
SW330~
SW331 &)-
329
PL
SW 3;;
~0-
! O~
I~;:\
j r--
(
I
~I
I ~I
~ ~(' ~~
~ . CT
~ ~~ '""<9
C}~
SW 330 S
~
en
~I
....- !
3:
en
>
~ SW333 ST
N
3: ~
en
~< (J) -J
> a..
It <( a S
""
~
SW334 PL ~
2009 Preliminary
Asphalt Overlay Project
Schedule 0
VILLAGE PARK
ap made by -4<<:m
i
I
i
I
334J
N
+
Federal Way
CityMap
2 3 Note: This map is intended for use as a graphical representation only.
The City of Federal Way makes no wananty as to its accuracy.
- .. V0:J
PL W 3 '!W
S ~ 36 1<0
------ ~, ! :P':
PL "~\~ \ i S
"<t- U \ 338 L
\ O}~ I.=.=."j':<...>~
lP/,lP~<1c?& ~o~~~O~~~ :; ~ ~~ y~ ~ ~
'\....~.1 (Y) ( C:) (Y)
\ SW 3 0 ST
i
i'
I
\
\
';)VV jjo S I
I~
r-----;!
(~/ I
sw
,
.:::::,. / i.
.:::::,. I .
if) i I
~I ,
(L I i
<:0/ I
I <:0 i I
~ I SW33f sl
<( I I!
1.0
\ (V)
339 PL
> S
<( if)
r--
(V)
>
<($
~U)
SW 342 ST
Sf ~34~2
if) CT
--'
0..
42 Sr NE
~
Map made by -kern
2009 Preliminary
Asphalt Overlay Project
Schedule E.
SW 340TH ST
SW3
I
I SW 340 P
N
+
Federal Way
CityMap
raphical representation only.
Note: This map is intended fr; us~ C:;a~Jnty as to its accuracy.
24 The City of Federal Way ma es n
";:)vv ~ I Sf
~.
I--'S
01 if) Sw J
~ PL .~~~ Cr
./ ----.....-
I S J ._~------~-~
c--6> > I !
" ,oL <( I i
" (Y) I
~- I ~'
I ~
(J) I a.. i
~J (Y)
/
.,_._$.....w 361 ST i
~-, ._._.~----~._~
I
i
I
I
I
i
: SW 363 PL
I
I
I
SW 365 ST I
;
!
I
(f) .
I -.II
I a.. I
~~j
! S 363 PL
i
I
i
I
(J)!
>1
<(
Is
SW 3Yl1 ~
Pl ~ <(
100
,
S S
(J)
(J) > -.I
> <( a...
<( C'i
(Y)
-.I S S
a...
0J (J) 0
>
<(
C'i
SW 366 ST
s
(f)
>
<(
0"> SW 368 ST
s
(J)
>
<(
<0
SW 368 ST
s
(J)
>
<(
r--
s
(J)
>
<(
<0
s
(/)
>
<(
1.0
s
(J)
>
<(
<<:t-
s s s
(J) (J) (J)
> -.I >
<( a... <(
(") C'i C'i
E
/
A. V:J
~
~
CJ;
Q."<:/
I
/
/
/
SW
371
12 ST NE
-----,
SW 371 ST
;1_,
J
N
+
Preliminary 2009
Asphalt Overlay Project
Schedule F
BROOKLAKE HEIGHTS
Federal Way
CityMap
Note: This map is intended for use as a graphical representation only.
The City of Federal Way makes no warranty as to its accuracy_
25
Map made by -KCM
I PL
~6 r- -- sw r -C____~
iJ ~ }2~_! ~--
I \ ~ CT I
\ I
/~\ /';WJ1
.~ j/ <'/8,
(r) (&
:>
<(
r-
~
78
l'
;k
'\ ~~ \
~0j \
I
O'~ OJ' I
I
i
~
SW 325 PL
SW 326 PL
SW \
327 PL \
'~
/
> ~/
:> "t"-I
en "t"- I
SW
32
CT
SW
32
CT
> SW 330
<(
~ CT
s
(f)
--.J
Q
C>
~
SW3 9
s PL
(f)
> 330
<( -~
(V) PL
~
331 ST
1-1
~s
~ (f)
c,~ )?'\--
I
\ :I~/
\~4
\ S~'l ~
\
\
~
V>
N
+
Preliminary 2009
Asphalt Overlay Project
Schedule G
ALDERBROOK
Map made by -KCM
Federal Way
CityMap
26 Note: This map is intended for use as a graphical representation only.
The City of Federal Way makes no warranty as to its accuracy.
COU~~I~~~!E~!~G DATE___October 21,2008
ITEM #: S.c.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Portable Signs in the Public Right-of-Way
POLICY QUESTION: Should Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs," be amended to allow portable
signs in the public right-of-way.
COMMIlTEE: Land Use Transportation Committee (LUTC)
MEETING DATE: September 22,2008
CATEGORY:
o Consent
o City Council Business
~ Ordinance
o Resolution
o
o
Public Hearing
Other: Information Only
STAFF REpORT By: Senior Planner Margaret Clark, AICP DEPT: Community Development
BACKGROUND: On August 5, 2008, the City Council gave staff direction to prepare a code amendment to allow portable signs in
the public right-of-way (Exhibit I). The staff s recommendation to the Planning Commission is attached as Exhibit A of Exhibit 2
(Also Page 5 of Exhibit 2). Staff-proposed amendments are shown in underline (additions) and strik-e eat (deletions). The Planning
Commission held a public hearing on September 3,2008, and after taking public testimony, forwarded their recommendation,
shown as Exhibit 3, to the LUTC and City Council. The Planning Commission's changes are shown as double underline and italics
(additions) and dawgle aWik8 8wt Mild italiea (deletions).
~
ATTACHMENTS: Exhibit I - August 5, 2008, City Council Agenda Bill with Attachments A-G; Exhibit 2 - September 3,2008,
Planning Commission Packet; Exhibit 3 - Planning Commission Recommendation; Exhibit 4 - Materials Provided to the Planning
Commission by Seattle-King County Association of Realtors; Exhibit 5 -E-Mail Comment from John Jacobi, Windermere Services
Company; Exhibit 6-Written Comment from Diana Noble-Gulliford. Draft Adoption ordinance with Exhibit A.
OPTIONS CONSIDERED: (I) Adopt the Staffs Recommendation as shown in Exhibit Aof Exhibit 2 (Also Page 5 of Exhibit 2);
(2) Adopt the Planning's Commission's Recommendation as shown in Exhibit 3; (3) Adopt the Planning Commission's
Recommendation or Staffs Recommendation as modified by the LUTC; (4) Do not adopt the amendments.
STAFF RECOMMENDATION: The Staff Recommendation is contained in Exhibit A of Exhibit 2 (also Page 5 of Exhibit 2).
._---~ .- -- ----.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission Recommendation is contained in Exhibit 3. NOTE: The
main difference between the Staffs and Planning Commission's recommendation is that staff recommends a limit of two portable
signs in the right-of-way for any business, event or agent, between the hours of 10:00 a.ill. and 3:00 p.m. only. The Planning
Commission concurred with staff on the number of signs in general, but added that open houses be permitted a total of eight signs in
the public right-of-way, and that all signs be permitted from sunrise to sunset. They also recommended that a definition of "Open
House" be added.
CITY MANAGER APPROVAL:
DIRECTOR ApPROVAL:
~
to Committee
.f:If:!:::cil
COMMITTEE RECOMMENDATION: Fonv"'a..rd -/-t1v Pltu1.n.~ CDmmisS10nS ~rnrneAt..dW'hL( a.S, f!-011;I-a.../vzoL-
In. Byh.ib/f 3 wifh~fO'/fJW~" . f'?1i1'Sl0Y}.8: Atlow tD porta.bfc..- S. 1,C1nSl /h . . Pk-~tlv 0?Jh:bof?';!Jfjj
de--lete.- ID ~t--e, SACfh<J +hti.i- .4-tLoWea. iYl ~ ~code,j SI9M tt.-lou.) 0. 0 A-4A.'-fo sl.U?se-f, ~I
~u...es:.'...s!fJf'+O:;;;ev~/~ oehnrhMl of ~.~ '
c:j Linda 1:chmar, Chair Dini Duclos, Member im F ell, Member
Move approval of the LUTC's recommendation as further modified by the City Council during -
PROPOSED COUNCIL MOTION: first reading (shown as double underlined) and attached as Exhibit A.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:\2008 eode AmendmentsIPortable Signs\LUTC\091 508 Revised Agenda BilI.iIOC
ORDINANCE NO. 08-
~.f~~
CITY OF FEDERAL WAY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY
CODE (FWCC) CHAPTER 22, ARTICLE XVIII, "SIGNS," RELATED TO
PORTABLE SIGNS IN THE PUBLIC RIGHT-OF-WAY (AMENDING
ORDINANCE NO'S. 90-43, 91-113, 92-135, 92-144, 95-235, 96-270, 97-307,
99-342,99-348,99-357,01-398,05-486,05-504,06-523)
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
revised the Federal Way City Code (FWCC) Chapter 22 (Zoning);
WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XVIII, "Signs,"
to allow portable signs in the public right-of-way meets the intent of Chapter 36.70A RCW, Growth
Management;
WHEREAS, the City of Federal Way finds that amendments to FWCC Chapter 22, Article XVIII,
"Signs," allowing portable signs in the public right-of-way will implement and are consistent with the
Federal Way Comprehensive Plan;
WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance on these
code amendments on August 20, 2008; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
Committees, and full City Council has received, discussed, and considered the testimony, written
comments, and material from the public, as follows:
1. The City's Planning Commission conducted a duly noticed public hearing on these code
amendments on September 3, 2008, and forwarded a recommendation of approval to the City Council;
2. The Land Useffransportation Committee of the Federal Way City Council considered the
Planning Commission recommendation on September 22, 2008, following which it forwarded the
Planning Commission's recommendation to the City Council with a revision to increase the number of
Ord No. 08 -
, Page I
28
ORA.f:r
portable signs allowed in the public right-of-way from eight to ten for open houses; directed staff to re-
evaluate the definition of open houses; changed the allowable time for display of said portable signs from
sunrise to sunset to 9:00 a.m. to sunset; and deleted the provision for ten off-site real estate signs per
property per agent.
WHEREAS, the City Council finds that the code amendments as recommended by the Planning
Commission and amended by the Land Use/Transportation Committee are consistent with the intent and
purpose of FWCC Chapter 22 ("Zoning") to provide for and promote the health, safety, and welfare of the
general public.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendment is consistent with the Federal Way Comprehensive
Plan (FWCP) Goal EDG-6, which states that the City will encourage and support existing
businesses to remain and/or expand their facilities within Federal Way.
2. The proposed FWCC text amendments bear a relationship to the public health, safety, and
welfare because the amendments will assist businesses or other events to attract customers,
but will not interfere with pedestrian or vehicle travel. In addition, limiting the number of
signs and hours during which they be displayed will continue to promote a positive visual
image of the City.
3. The proposed FWCC text amendments are in the best interest ofthe residents of the City
because portable signs will help to attract customers to business, sales, and other events; thus,
supporting the City's vision of its economic development future.
Section 3. Amendment. FWCC Chapter 22, Article XVIII, "Signs," is amended as set forth in the
attached Exhibit A.
Ord No. 08-
, Page 2
29
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
DRAFT
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the
day of
,2008.
APPROVED:
Mayor, Jack Dovey
ATTEST:
City Clerk, Carol McNeilley, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
K:\2008 eode Amendments\Portable Signs\LUTe\Adoption Ordinance.doc
Ord No. 08 -
, Page 3
30
EXHIBIT A
FEDERAL WAY CITY CODE
ARTICLE XVIII, "SIGNS"
31
..
22-1 Definitions
"Open house" means an event held at a specific location, that is open to the public,
and where the event holder remains in attendance during the event.
22-1596 Purpose.
(8) Provide controls on sign proliferation to preserve community scenic, economic,
and aesthetic values; afl:d
(9) Provide for the elimination of billboard signs after a reasonable amortization
period recognizing that billboards affect the aesthetic value of the community thereby
reducing property values and impacting traffic safety because of the distraction that is
created by large signage along public rights-of-way-:-;
(10) Protect public infrastructure and property within public rights-or-way: and
(11) Promote traffic and traveler safety, including: by reducing the number of visual
distractions. visual competition, and visual obstructions.
22-1600 Prohibited signs.
(14) Right of way signs including a&1Y sign ~in a public right-of-way except
governmental signs, and except portable signs that follow the reQuirements ofFWCC 22-
1599( d)(2)( cc ).
22-1599 Permits.
(d) Permit exceptions.
(2) Exempt signs. A sign permit is not required for the following signs or modifications
to signs; provided, however, that such signs shall comply with all ofthe following
requirements:
w. Real estate signs.
1. Off she. The number of off site real estate signs shall be limited to 10 per
property per agent; provided, hO'Never, that there shall be a minimum separation of 200
lineal feet behveen such signs, except that signs may be placed less than 200 lineal feet
apart Y/hen necessary to indicate a turn or change in direction of tru'/e!. The area of such
signs shall be no greater than six square feet per sign face. All off site real estate signs
32
must be removed each day at the conclusion of the open house or other sales event and
are permitted only between sunrise and sunset '.vhen the seller or the agent are in
attendance at the subject property.
2. On site. The number of on site real Real estate signs shall be limited to one
on-site sign per agent per street frontage or public entrance if no street frontage exists.
For dwelling units, the area of the sign shall be no greater than six square feet per sign
face. For other uses and developments, the size shall not exceed 32 square feet per sign
face. All on-site real estate signs must be removed when the sale closes, or in the case of
a rental or lease, when the tenant takes possession.
cc. Portable signs located in the public right-of-way subiect to the following
standards:
1. Signs may not be affixed to the ground. including through the use of
stakes or other means that may damage property;
II. No more than two signs are allowed per event and no person may have
more than two signs at anyone time. except that ten open house signs
are allowed;
Ill. Sign area shall neither exceed six square feet per sign face nor thirty-
six inches in height;
IV. Signs are allowed only between the hours of 9:00 a.m. to sunset and
must be removed each day;
v. Signs may not be placed on or attached to other obiects. including but
not limited to buildings, structures. trees. plants, utility poles. utility
boxes. utility equipment, or other signs;.
VI. Signs shall not be located on the travelled portion of a roadway; in
parking lanes; on sidewalks; in bicycle lanes; or placed in a manner
that interferes with vehicle. bicycle. wheelchair. or pedestrian views or
travel; and,
VII. Signs shall not be placed in street medians or street side planter strips;
VIII. Silffis shall have a name and contact phone number or other contact
information on them.
K:\2008 Code Amendments\Portable Signs\City Council\IO0708 CC 1st Reading
Recommendation.doc
33
COUN<;rL .~~~l:r!'l~~~:r~: _HIlY-J_0:~t_5J_~q~J_
CITY OF FEDERAL WAY
CITY COUNCIL EXHIBIT I
AGENDA BILL PAGE-L:)F_"-L
(TEtV(#:~,-_
--
=-=~
SUBJECT: Signs in public right of way.
COMMlTTEE: Land Use and Transportation Committee
POLlCY QUESTION: Should city code be amended to allow signs in public right of way?
MEETING DATE: Ju'ly 21, 2008
CA TEGORY:
D Consent
City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REpORT By: Greg Fewins, Director
--_._---------------_._------_._------------~..__._._-------.- -._--
DEPT: Community Development
Services
Attachments: Memorandum dated July 15,2008
Options Considered:
1. Amend ~ity code to allow restricted use of public right of way for signs and direct priority of the
amendment in the Planning Commission work program.
2. Establish stakeholder group to investigate right of way sign issues in more depth.
J. Take no action, thereby continuing CUrrent city code prohibitions on signs in public right ohvay.
STAFF RECOMMENDA TfON: ff council takes action directing staff to modily the code, staff recommends
that the code amendments be inclusive of recommendations contained in the July [5, 2008 staff memorandum
provided by LUTC, SKCAR and ci statI.
---------------------------------- ---..---- _.-.-... -- --------~-_._.__.__.._-_.-
Crry MANAGER APPROVAL"
DlRECTOR API'ROVAL:
w
~-
Council
Committ~G
COMMITTEE RECOMMENDATlON: (j) Forward -+hty LUTe- A-dYY1il~/.strafi-V"0. Ch.tU1t}<"s as IxtSc./L-iecl
Ixt sla..f{ Ci.-nd- fur-H-Ie.r <V/pl{)""t-& qbr1e.raJ ae{!egs Iv -rM&qe.-YlenLL nqht; OPtDtUj w,'-lh.
r-ebSDnable.-- reSfnChons io fhe;! ..AutJUS1- 6, 2../)0 ~ UJu...vl.cI' BU5.'he...d5 A~a..... T/;rtt"pprDV ILL.
~ @ 0 l~t 4s-f-aH +0 PI'LfX3-r6 CL cw..v a..Yn~~ fo LJ...lL evv-
A-----f1-Lw-'YlL- ~.qYl~ In ~ .Pu..b'JC-o/i!~ h:f;. uP tv .' a..s
pre. SeAifedv- DY. sMf in -IVl& SUYYl.nta...r . /fJ F.erf!;,-mClYlc.e.-- Stat rds f, r.gUSf 5/ 2.()cV
C.-f)!'y~:i l13u~~Y/. ;;>5 A~ ~-r app. .. --: L I; .. /l"
( ~4...< <<---- f'-.h~. 04A~ /'~~
.. Committee Chair / Committee Member
PROPOSED COUNCIL MOTlON: I HI move approval of the recammended Lm dministrative changes and to
further explore general access to' the general right af way with reasanable restrictions." 2 "I mave approval af
the LurC recammendation directing staff to' prepare a code amendment alia wing A-frame sigllage in the
public right af way, as presented by staff in the 'Summary af Performance Standard\" and as the next highest
priority in the 2008 Planning Commission work pragram. " .
BELaw TO BE CaMPLETED B I' CrTY CLERKS ar-FleE)
COUNClL ACTION:
o APPROVED
o DENIED
o T A8LEDIDEFERREDINO ACfrON
o MOVED TO SECOND REAOfNG (ordlflance.. on I}")
REVISED - 02/0612006
COUNCIL BILL #
1sT f"cading
Enactment reading
OROINANCE #
RESOLOTlON #
34
~ Federal Way
EXHIBIT_- ,--- .~---~
PAGE--10F--4-!-:-
MEMORANDUM
DATE:
July 15, 2008
To:
Land Use and Transportation Committee
Greg Fewins, Director of Community Development serv~~
VIA: Cary M_ Roe, P.E., Assistant City Manager, COO, Emergency Manager ~
FROM:
RE: Signs in Public Right of Way
This memorandum provides follow up on a variety! of issues raised at the July 7. :WOX r .{tnd (fsc
and Transportation Committee meeting rdated to signs in public right of way.
Policy Question
Should city code be amended to allow signs in public right of vv'ay?
Current Code
The following paraphrases the relevant Federal Way City Code ('cFWCC") section related to
signs located in public right of way:
FWCC section 22-1600 - Prohibited Signs:
'The following signs or display arc prohibited in all zones within the city. Prohibited
signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22-
1604:
(14) Right-of-way signs including any sign in a public right-of-way except governmental
signs. "
The following is a sununary of city code allowances {or off site real estate signs pursuant to
FWCC section 22-1 599(d)(w)(1 ):
· Must be located on private property_
· Maximum of ten off site signs per agent
· Minimum separation of 200 feet unless indicating a turn.
35
A Federal Way
EXHIBIT_-._J . -.-----~.
PAGE-'-OF~
MEMORANDUM
DATE: July 15,2008
To: Land Use and Transp?rtatron Committee
FROM: Greg Fewins, Director of Community Development serv~Y
VIA: Cary M. Roe, P.E., Assistant City Manager, COO, Emergency Manager ~
RE: Signs in Public Right of Way
This memorandum provides follow up on a variety of issues raised at the July 7, 2008 Land Use
and Transportation Committee meeting related to signs in public right of way.
Policv Question
Should city code be amended to allow signs in public right of way?
Current Code
The following paraphrases the relevant Federal Way City Code ("FWCC") section related to
signs located in public right of way:
FWCC section 22-1600 - Prohibited Signs:
'The following signs or display are prohibited in all zones within the city. Prohibited
signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22-
1604:
(14) Right-of-way signs including any sign in a public right-of.-way except governmental
signs."
The following is a summary of city code allowances for off site real estate signs purs~nt to
FWCC section 22-1 599(d)(w)(I):
· Must be located on private property.
· Maximum of ten off site signs per agent
· Minimum separation of200 feet unless indicating a turn.
36
.
..\1 1.-1 I Q ~ ""T' ,
Ll\. -. D. ;. . - .'-..' _.._~.".
Maximum six square {cet per $ign t~lce .n. ::- LA."
Removed each day. p AGE~OF ~
Permitted only between sunrise and sunset when the seller or agent is at the property.
.
.
The following is a summary of city code allowances f()r off site civic event signs pursuant to
FWCC section 22-1599(e)(Table I):
· Must be located on private property.
· No restrictions on the number of signs.
· Maximum six square feet per sign face.
· Maximum height five feet
· Allowed thirty days prior to the event and removed five days after the event.
Policv Issues
Amending city code to allow signs in right of way could:
· lmprove visibility for commercial business and public events.
· Increase city right of way maintenance costs.
· Create potential traffic, bicycle and pedestrian hazards.
· Create varying levels of sign cluttcr potentially impacting aesthetics.
· Requirc content neutral regulation of signs allowed within the right of way.
· Create additional enforcement workload to regulate illegal signs.
Other Jurisdiction's Requirements
Staff researched other city codes and the Seattle-King County Association of REALTORS
("SKCAR") website (see exhibit A - 'Regulation of Residential (Single-Family) Real Estate
Signs' Matrix) regarding allowances tor signs in public right of way. While the city's regulation
of signs in public right of way must be content neutral, SKCAR's survey is narrowed in scope to
"An board open house real estate signs. The SKCAR matrix indicates that 33 of the 63 surveyed
cities and counties allow "A" board signs in the public right of way. SKCAR's research is
consistent with the city's research. Of those agencies that do not allow signs in right of way,
enforcement of illegal signs range from none to strict
Land Use and Transportation Committee SUf!gested Changes
At the July 7 meeting, committee members discussed a number of potential areas to consider if
the code is to be amended. fn addition, committee members asked staff to indicate if these
suggestions would require a code amendment or could be .implemented administrati vely.
LUTe Suggested Code Amendments:
· Allow signs in right of way on a short term basis.
· Develop alternatives to' fines for illegal signs.
· Require contact information on signs placed in right of way.
37
.
Establish a city sponsored "banner" fl)r public events.
. '-II f~.' !,. "i!'. ,
E:..)\I OJ i,. . - ----.-.-~.
PAGE...s...OF~
LUTC Suggested Administrative Changes:
· Reduce rigid enforcement/clarify right of way.
o Staff Solution: Use significant vertical structures (e.g. light standards; fire hydrants;
signs) rather than Hush or below ground structures (e.g. vaults) and beyond roadway
maintenance areas to establish right of way enforcement areas,
· Better manage city maintenance of right of way related to illegal sign pick up.
o Staff Solution: Continue to instruct right of way maintenance staff and contractors to
not pick up substantive signs in right of way.
· Establish stakeholder group to assist with code amendments.
Seattle-Kine County Association of REALTORS SUf!f!ested Chanf!es
The following is a summary ofSKCAR's suggested changes to the city's sign code addressing
real estate signs in the right of way (refer to exhibit B). [n addition to the current provisions tor
off site real estate signs located on private property (maximum ten per agent; separation of200
feet; maximum six square feet per sign face; removed each day; only allowed between sunrise
and sunset; seller or agent must be on site), the following changes are proposed to allow off site
signs in the right of way.
· Prohibit on trees, toliage, utility poles, regulatory signs, directional signs, government signs
or informational signs.
· . May not interfere with vehicular, bicycle, wheelchair or pedestrian traveL
· Shall not be placed on street median strips.
· Shall not block traffic views, driveways or curb cuts.
[f the Council decides to amend city code to allow signs in right of way, City staff concurs with
these types of additional regulations applied in a content neutral manner to all types of signs.
Additional Staff SUf!l!:ested Code Chanf!cs
If the Council decides to amend city code to allow a variety of content neutral signs in right of
way, City staff suggests consideration of the following in addition to LUTC and SKCAR
recommended changes:
· Establish specified performance or distances from sidewalks or street edge where no
sidewalk exists.
· Establish maximwn height requirements.
· Limit hours to less than sunrise to sunset.
· Restricted to "A" board signs and prohibit stake signs.
· Prohibited in street side planter strips.
· Require low cost "permit".
· Issue "sticker" system for permitted signs to improve enforcement efforts.
38
Policy Options
EXHIBIT ~ ~.
PAGE--'-OF---4.!L
The following are three policy alternatives related to this issue:
1. Amend city code to allow restricted use of public right of way (or signs and direct priority of
the amendment in the Placming Commission work program (refer to exhibit G).
2. Establish stakeholder group to investigate right of way sign issues in more depth.
3. Take no action, thereby continuing current city code prohibitions on signs in public right of
way.
Exhibits
A SKCAR 'Regulation of Residential (Single-Family) Real Estate Signs' Matrix
B SKCAR 'Language for Proposed Amendment' undated
C SKCAR 'Real Estate Signs: Constitutional Issues and Legal Considerations' dated July 7,
2008
o SKCAR 'Why Real Estate Off-Premises Open House A-Board Signs are Critical dated
July 7, 2008
E "Testimony of Sam Pace' (presented to July 7,2008 LUTe Meeting)
F Marylyn Gates Letter Dated June 25, 2008
G 2008 Planning Commission Work Program
39
~
:.-
....
'"
"
.::J
<
':>11
.::
c' ...,
;; .~fJ
>::n
o "
(j ~
:c..~
0_
] ~
4~~~':o
"~ <.~
~.L,;..:.~,::.t.ro;.. :.F.........:.},:;' }f,y
.?<<.:..-::,jt~';"
~
.~~
~.
I ~
>-
-
:-~~-:~::~~~:;~~ ;
_c_ ,",'- -"';.-=
~.~:#.:1.j~!~t;~~5!.;~ -
. .
if..;
.~
~
~
~
'-'
-.;
--
~
~.~.....r.~,,;.-;.___
~
'l~.~"t.J~..
Li'
~
-.i
~
~
-~
'S
~
---'
.%
.~
~
~
. .
-
tG
':
-;:
~
::;
~
~.
"
~
~
:-
,..
.A r,
~ .C) 'n
.~ ."3 "' '"1"
-j ~ 0- .^
~lJ " " :>
"":> J "
"f'. .^ ;i; "
~ .... ~ .;;
~ J '.
/. ::.ti
- " .^
'^ '^
"":> " ...
6- "
- 2 .. ..e:
~
~ } ~
- -<
- ,-
.. ~ <( oJ
~ .~ ~ ..c =e:
::. "'- :::
" '"' J ;r .-g
c. u u ..c ~
U '"
" >- '^ .."
.D -::> - "
" ~ " ;; ::
'^ .~ .~ 0-
e .- '^ '" 2
.", .~ :1
~ ""0 ~ -~ '^
v ii " ~~
" :.- :r
C g ..c >: ~
0 <<l
:J ~ ~ ::E <:>
::J"l .~ Z
-:;<(
3
~I
~n ~ ~
C=:l-:J
_;;0 ~ ~
- 0
~-"'::"..o
::>
..
S ~
>1""
.~~ ~
"'C"'l
,.. :.::--;;;
J
U
<.::
....
U
;;...
v
Z
:.-
2
"'
.J .
:2 :: ~ ~:;g
.;:: ;: .:J
-5 ~ ~ -2 -=
- :; t .~~
.0 '"
::;
::> ~ ~.
"'
-:: - -
'I'~:;i _L..~,.,..,..."C---
..... ~
'S ~ :; Uti" -
~ c:: '-'<
v '\.I :1
^ (.6 11 >.:
22
__::.. :::: >. :1 -
'"0 - -:)1) ~.;, ("']
v ~'tn;; ~ g
=:- -v l:: ::J :.o:J -
- - - ."
;:::~::cc...c:
~L..oa~'Uoo
~ 0 -~ '3 ~ Yl
::1 .....
c~~C:~:i
000 .~:;o
~~ ~ 2 g ~ ~
~ -5 & ~";;; .~
~;;2~~:g
OJ...c:: a...~ g 0.
.3;~C..t::lI..:
~ ~ - .!'!l c -5 a
.. ;:J:;tI'IlU~d
~ 0 1.1 tJ a.. 0 .-
::J...c:t)~Oc]
,g:a39= j;E
c.=.o-g ~ M a.;:;
[~~ [505 ~
O"dO..cO'...
EXH\
PAG
~ C
2.9
I~
"U 0
11'-
" >
o t
:::: 0-
"'0
-0
0_
z""
'-0 ~
g ~
~~ g- ~
~ ~.5 a.
Qu.3
;; c ~ ~
0()9ou
:"J-:::...c-u
(<)
'T
c
.~ c
'- .0 ::;-
U ::: 1J
o..u~
4::::~ .::
-~=:
.;; ~ ~
('""1, ..:::...::::
-::> ....
;0 ;.: ('I V ^ 1J ..0
-;(,(")::: 0. t:: >
":;} .;; -- ~ 0 ::> '" 00
'iJ u 8 .S
..c ..... 0.'-
.- .~ ;- 0'- "5 ~
;; U "U 1J .... - " ;:;
"U 11 00 g 0.'" :::.0 :3
,~ .;; " --5 .~:::l ~
.... J '" 'n
~ ~ '" a C '0 >-. u
- " " ,0 " ;:; t: ~
~ 0- 2 - ~ -0;:) - ,~ v
'" .- Yo ~ :::i-:- 0- 5-
'" t g " '.n' 0 '" :::> 2 '"
;,r ~ ....
'" - 0.V\ M 0. .".
'. ... -..-.,._....,..--..-.- . -~,-_. ------~-~-~~-,_._~-_..--
;; .~~ '- ~
~ If:~ ~_'.
~~.;:~~
~ .~ :r. 'J
"
1..I3..:J
~ ~ g
J '-:"1
~~~.~~~
~ ~ ~ E
~ ~ t'
t;~~~'::'>
a.." c: !i'~
~;-;r't~
.~ ..g E ~~~
~ ::J --
~ ~.s ~ g
.~7 ><: ::: ~ 1;
g ~ ~ -; .~ ~
."
_~ 1:
'n -
.."
-1:
"J
....
"'-
'n
o
Z
::
.~
:.-
t
OJ} """"'::j
"J ;(; 1.1
~::> ~.. :/l _;; g
.~ ;; 1"
E n.:!!_
v;~ ;:og
0. -; -;; .9
.... 1.J
: ~
0.0
-'~
v
::l
:3
"
'^
::>
::- J
-':i ~~
r-, .~
"
.::: 7
3::- :)
z
. ..
cr-o;:) ....
c: ., ...
<<i .... v on 0 0
" .. :0 ~ 3:
::> .... '" -....
<; ~ .. .... '" .. '" - <;
c .... > x -5 '" d
~ ~ 0. " 0 .g ~
u E '" g u
00 " .~ E2 ..c
..n g ~ C C u '^ ~
~ c c: 3: u
.... u c:' .. .. 0. u
Co ;:; ..c " i:.~ :- Co 0. '" 0- 0
..::: ;: 00 p p .S ~.
'" o en....::;: -
<r.
2:
o
o
~
<r.
z
o
I-
o
z
:J
a:
..:
~
:3
a:l
=-
<r.
.~ 11 ::;
~.~
;; C :;
~ ~.s
~.~ ~
-~~
" :::
o.u
::::
co.
~..9
'" u
.... >
.. u
0.-0
~
~
<:;
"
'2 c
-. .g
" '"
~ '.;'1
1) ~
:i :)
::n 0.
;:;
~ <<;
fA~
.... :::
~~
t.l
=-
>-
t.l
..J
..J
t.l
a:l
40
EXHIBIT
A
- '-~
~
""
en
"
-;;
.3
.'-<
;;
p
<~~~
~-'~ ;~~:
0;;: (;), i: .C
~~. 1."..~
~ ~ ~ ::
, :.o1.,,~
::' ~ '~::~.."='-
:) ~ .5~ '
.... .;::l ::
Q~
... "
~,~ :.I)
E'~.:'~ i :.~.
~ ~ (;i-'_~ ':
iP-~;'~1:;t;~
u = ~
!J :'0 ~
~ ~~
.. :'l: P"'o'"
I CFl -
: ~ ~
) 0 "
~~
'"
c:
,CJl
lei)
~-~
I "CS
,m
, ...
'0
...
'"
c:
..CJl
'm
, ..
~
.f;')
.i:,
..0
ff
r.
~'.r. ~-
~::: ~ c... .~ ~
;.::~ ~ S L
~:~l
~L~']
=Kg-J
R ~ ~ -- ~'i ~
_5 c-::::.:=;::
i ~ ~ ~ " .~ J
..-,,__ .~-.2 ~;.
~~]~~~~
.~ c( ~ ~ ~ 1.1 .4
;::... ~ 2J .~ __
~.:: ~ f .=--.
~<:.A1:~-_''J:';,
~:a ; e- ~ :E l
~ .t ~ E -6 ""3 ~
.< ~ ~ .~ ~ 1" g.
~e;;EO_~~
.;:: .. 0 V ~ - ::)
~ c :: :-2'~ J: c ~
~ g ~ ~::o ;1 ~ :~
. ..._ '0 :J ...;:: - ;,
~ ~>..a.a.>-.~:o
.? .;;; ~ a::: -5 ~ g ~
._..~..<-._. ~...-. --., ..' #-:...:~ ~.~.
-ci
"
'"
-2
~
o
z
~.~
._r ~
-.:; 0.
~ :)~.
:::.uC::
'" :>II 0
Q:; S <"') 'li
a.,C:""OC:
..g ~.~
-..-'':,. -.
-j
.~
'::;
"U
"'-
'n
':>
Z
cT
'"
'"
<3 .
Bo.~C:::~
o'-"Ecr'U
~e~~~
~;:&~E:
VI Ol) 0 t;..; 1.1
_d ,-0"'0 0.
~ t:: 0. ';;' .~ -
_ ~ -5 ~ .5 -g
._~__._ _ (';J
o
~z
wO
..:~
...:1:::$
=0
.~
;;
.O:!
on
."
-:0
"
$
2
"
::;;
,~
.3
c;
~
:.a
oJ
~
':>
.c
c ~
" ...
0.C:
o~
-j
u
~
.2
~
z
-:J
"
""
.3
~
o
z
-:I..c
~.~ c
a..c-i:"
~ c.e :oj
.. :- :;;; '<; ~
,5 ~ g ~ 0
.r: ~~~~
cT 0 'll 'lI'-
u,-- c.:o
..og~lI~
o 0.
.2
...
"
0.
~
~
~
...:I
>-
~
z
z
o
=
.~:: ...'
0';;;; -3~~~-:';
~ ""0 .: .~ >.;::: "5 ~
=:~u-=,-~3-::O:.o
.]C3:~:-:J-:J .
';';o~~]f~~
c: ~ Co ~ ~ [; ~ =' i;
~ _~ ~ ~ :>II >. ? ~ .,;;;
(,I c.. g.. ~.9 ;; ~ ~ ~
~ ~ Ci. -.] .s~;: ~
~^L.o~~<:n:..J~""'='
0. t"J' 0 ~ ......... >".- c... t,.l
,::~c:;;-.a~;';E
. ...; ~ 8 !i 0 a..';.': 'Ji
~ ~ d >...~ \0 ~ C ~ ~
'D .;; ~ t -::J ~ -= ~ ..: ~
-g .c: ;; goJ!'~': ~ ~ ~
~.s ~ Ci.c:0i-g~{;i (;
~:~llI.gEg~cv
(5 -5 ~ -s f ~ a. a..=!' ;;
-=.5 ~ Oi ~ : ~ ~ r;) =
-:;;~.c: ~ E:=">." 5:~
..r::-cJ..ES:::::1^~'-"~o..
<Il u QQ~ E t E ?2-2 ;;
.~ ~ ~ ~.~ 2t C ~ ~:a
en ~ 41 ~:=E [.~ g ~ ~
_.__,...........,_.,.......___ YJ _ -5 J::::
-ci
U
~
..2
Oi
o
z
"""
o
~
'-'
o
t>4l
.~
..2
u
...
J::~
<t: ~
~
~'D
~ ~
c::.c:
oQ~
'- U
<n.... .
c: 0 -
.- E-@,
~t 0 .;j
. c: ..t::
~'"O ;::
N ~.~
e~
.. '"
goE
C5.~
... -
.. U
a.~
-0;
...:I
...:I
~
::e
f-<
o
=
41
~::"
;. ~
.fi 2
~~
. L: 1...00
:J ~
-: "E
"'::-0
g 3
~ 2;.
$ :::
:J :>
::::-:0
'" u
'" 3:
c: :J
"0-
.~ :i
~ ~
:'j :lIO
~-;;;
. "
<t:Oi
.,rn
;: 0
~~
c: ,,;
K:;
0.2
-;j
"
;:
.2
o
z
.5
o
Z
;-.
u
c::
g..
"J
"J
':>
...
~~
'n
?',:.
--5
.....
cT
'"
-0
0::
~
C2
=
i..kH \
PliGE
..r::: u -
U <<.I ll.I :::
;.. .... ...t:: ,-
.s ~ :2':
~ -~ 9 ~
.-=: ...... _ u
.o1J-oZ"
:c:::! c:: ~
o ~ CCS tJ
........ ...... ~ 0.0
~(I)~.:Q
:::I V t'lS u
.D'~ c:-5
E .-
;;~~~ ~
~ .ct- ci- ~ --'-
~5~~~
~.~ail
._ u QJ
.......a~~E
.S -;: ~ ~ ~
~~_..2>'
0,- 0 - ..
~c:<t:~
-ci
5
o
u
~
::;
z
""0
u
~
o
Z
....
.~
~
'"
^
..
""0
'"
~
- '"
~~
'D
"
c:
..
.. -
~~
e.u
",..t::
:l .
;r~
ooE
..
~ u
'" 00
... co
~g
_...:::
z
~
~
:J
=
:x.'
<:>
<:>
Tl..~_L w-"
OF~
"'"
a.
:J
'"
,..
"
o
U
.::.0
C/l
.g
U
:0
'"
.;:;
::J
-.
Q
c::
::J
o
U
otI
c::
:;2
""
o@l
::/l
"'
.r,
:::
::>
..,...
..,...
~
o
"
'.
,~- - }~,~+~
" "
~; ~
2c","E
~. :r;.~~tr-3.:-_.
~~~~~,,'t;;i
'n '::I
~, :: :~
~~..~..
~.,'.-~iffi :
5~:;~'
IU .~f~~-::
~~'\'.
~,,-~~,_/.
@g~"i;
.~
. ..-;~. ,":- :'c_
-.',-, <'..-~
.~':"t .
.,
J; -
...
6- ~
~
-:::
r. ~
~
-
...
'J '"' -:;:(,
.J ;1
'"
OJ -0
...
.. -'"
-;~
.. .D
~ -5 -
-:J
g ""'
" ~
..c:
::
< .z:. -g
-~ '"
3 "
"J
.." ~
" "
.- j ~
.-
0 <( ;;;
~~
c.~
"" '"
- '"
.= .:!l
..,,'
,,<(
~
"
or.
..2
t?
~
a..
-5
;;;
.~
;:;
00
'"'
~
"
~
~
.."
f~
'J
"
~
?
Z
"'"
00
.5
'"
.3
"
~
.~
"";i
."
>,
,.,
-0
'"
"
~ 11
o E
3 ~
a. :
""" V
<'I C'l
:- _y. -c.
00 N-f
-- ~
>-.
c: t::
'" 0 U
c: -0 a.
o .. e
';::' ~ a.
:0 0 - ~.2:.::
~-ct::: .-
d ::I ~.i:'- U
-C:'" 3: Ec:
~ .~~ -.. ti ?;
-",..3:0.0
'- U
0-
as
c: '"
"'
:5
E
~
.~
>.~
Eo
g.e<:
~9
-5 ~ 0 --
~~~~
+;: ...... 0 ;{.8
ol}~._~a:
~ :> !.t .~~~
~~2 -D
"
O!
:0
~ ~
~ ~ 2
"
.."
...
;:
"
.- .~
C
11 or.
~ ~ :J)"-~
:i ~ ;},~
~ 2:. "in g
:ivEN
'l1 ;!::: ~
- - dj .... . J -5 -- ~ u"
~1~ ~ ~].:g ~-5 ~ g c.,~
1.1 ~ .1J ~ .~ ~ 2 -.; ~ ....
.n:'1 _ (":1 ~ -- c: '" .~. ~:"1 ~
.- v ~::: z~
~. . - ~ ~ ~ ~ 2 ~ ~ -0 ;.. on ~ .s
:; 'lI __~ ...". _ .~::: 'J ~ ::> ~ ;;... :J .~
-~ltI'U ~.ui--O:'1-C-
~......::> a..;:;i:;..-ry C.Q () L." 3:'-:,:
~ ~, ~ ~ .~ ~ ~ ~ _ '.Il ::> ~ :: ~
2 ~ ~ ~.S d 2 ~ ~ '; ~ ~ ] ~
:;; ci:: :;o..~:;.ti~'YIdE
~ ~ = ;; 3.~ ~ n E :: u ~ 0.. -:
d tot :::J C C..c: c: 1) ~n ~ U 0 3.1 ~
o tn ~.?9~ ~-;:;-..., ~-S~:o~-S
~ = c.. ~ U1 _ c: 0,- ..... ~ ..., >.. ....
<( ~ ~ '; ~ 0 B ~ V'l ~ ~... -E E ~
11 ~ d -e ~ ; g ~ ~ 3 .~ ;: c: a
.~ ~ E ~:-:::'~ ~ VI ~ ~ ~.~ a
:= ~ ~s ~ u ~ ~ ~ - ~ -0 ~ va
O~2~~'i5Ei:i15a~Ega
-6 -ci
u
" '';::'
5: '"
.3 "
-;; a.
'"
0 0
z z
_3
~
u 0
0._
-1<::
~ "5
'" '"
~ "
-o~
~
~
"
~
~
.~
"
,,,
>,""";
;'l] d
,,~
" i;
-:: ~
!.L.. :3
~
:z:
- - . ." - - - - .-. -" - ,. -,. -... .-,-,-- - - - - ---, -.. ---,~ --.. .,----.. - -- -. - -- -~ ._-- .-- ,-~ ,...,--------... .--......... .._-,~--~--.......-- --- .....---. ~-,-
z
o
....
..:
~
..:
u
..J
:::J
::I:
t.l
o
;...
..J
(J
.-
-
~
(lO
Ii
"
... ..
o;bQ
... ~
.. :::
0.0
-<Z:
- - --, - --.. - - . -- - .'''- _..~..,---....--- .... .,---- ..---------....-..---..---..-..... -.. --....--..-- ..-....... .....-...-....... _............_~-_..._..._------_...-......__...-...-~_..-
,.,
,.
L...:i-o
::>~..o
m.....2 ~
...
-f:;
"
a.
'r.
~
c
'"
""
'"'
'"'
"
~
g -:::~
" -0
c: c:
~ ::I V)
g ~ :c'" ~ u
":>0'11-0
11 g ~-u ~-;;;
~oV\~ut
0; :>II" >( g 0-
..... :c; v :cs _ ..;
"cUEo'-
a..E~""C&
_.........Uf"'--1"#1
;,;t
-in N
~'"
.g ~
c: >:
"3 1.t
2
z
o
f-<
o
Z
;;
o
(J
42
tern g 1
~.- '-,^~-
: ~ -g --
"J :;
""':J-O~~v~~
; -0 a _S E ~ c..
,:::-0.--
~:>~~5~B
d u ^~ ; '- fJ
~:"""_~ f.Il U c:: ~ ::: --
- ;1:.0 ~ ~ ~ ~
-....,. -0 ~ 0 ..:::
~~ 3 i: ~ ~ ~
-;,;, :> 'U -; -; ::: -:
-= ;;>- ::; ~ 0. =:. "
g ~ :i: 'a :;..;j ~
';:' fJ ~ E ~ ~:
~ ~ <0 .~ ='_.~ ~
:0 [~ :.I ~-o ~
~ u.;;; -g .! ~ ~
'E-S:;:~3c:
~.5 0 2 UJ'" -0 ~
~-o ~ ~ ~ ~ ::
~~~=:::O~
~.aa~a~~
EC-.e
::;l ':>Il
..... cr"._
c"'..c:
.;:; ~:
",,,,-0
2:'- M
~""O
,.,)":;; a
:;
o
-5
"~ c:
-00
u";::'
~.~
o ....
=t;i
<~
en
t.l
Z
o
::E
en
t.l
c:l
:n
:=>
:=>
M
;0
-
--
-::>
:=>.
'"
"
-:l
0
U
;0
(/J
~
.g
u
:.a
'"
";::
::l
-.
^
C
t: ;:)
... 0
u
2. bO
C
~
--:J .r.
:.
-
::; ~
-2 .~
:t-:t:
~
...,.
c
.?!
en
'"
'"
o
...,
~.
~-;c.:;
~1:;f
><
"
- -5 ~
~ :~
20'"
1"
;; -
~ J
~'l ~ ~ ~
Cb ~
.;:i;:! .J"'I '-
~3L.1J
::J.--o-5
~ ~-=
c 'J\"'::::: ::oj
dJ...c: OOu
0..:..:':: u
'J~;;.a
-0 -c::IU
g 2 ~~
~ ~.~ ~
~ ,., -c::I.=
ci ~ .
~1~1 !
."
"::
'J
U
c..
'"
o
z
,~
'"
;..,
"
-a
.S ~
~
3:~
~~
~ n
S-5
>-: ~
g_ 0
. E ~
....... ~.~
- v
~2~
..0 ~._
;:;
~ "
~ ~
u ::
0..0
-.::
.;G
.n
"
'"
:;:
::;:
:)
:::::
c:
'J
:.
::>.
-=
c:
.~
~
'"':1 ,....;
,.. -
>-
~ ~
~ .;
c: "
.?! N
r/) .;;
--::>
.~
'"
v
~
o
Z
3
'on
~3ti~
E C ~ ~
g~.no
~ ~ to..
~ ~.~ ~
L;G"O_
/.
:J
S
g.
:J
:J
'"
.~
'"
>-.
"
-:>
.....
.~
'"
~
."
a.
G"
'"
-.0
"
:;;
;l 'U
"-0
~8
~ >-.
-5~
'" 0
~u
:1 "
" ~
o v
0;"'-
;>- - .
~~ ~
-0--
Lt.l .S ..8
"
.D
~
'"
",-0
~~
C
g
::I ~
:; :t2
00--::>
~ c
.-~
?il.::
.;:; ~
3:
.~
e:::
~ '1
"
E S!
~ ?i
::>.-:J
. c:
- "
:;. ;1
3: .S
0-
:::::
-3 ;0
.01:
~;
v ...
.<: .<:
.9- 3:
t >-.
c..-c v
-5';~
" ~
~~~
~-;jt::
.. '" "
~ ~2
~.;;;
"
3
o C
:1l :>0
.;:';;;
.S ~ ~
-g:i:~
1 c :;..
g ~2
0:;;
"
.~
'"
.~
~
~:::;
E 0-
~'"
M V
>-.
~
~
:1
U
'-'
o
~
'"
...:::
'"
'"
~
--::>
""
<t::
cr
'"
... -, .-~ ~4___ _ _ ..__, ....~_.. ~ .,_ ~4-_.' 4 ,..... __ __.. _. .' _ ,~_.
00
-E
-0
'"
3:
.3
~
'"
....
'"
'"
C
.'2!'
'"
o
Z
"0
..
c:
.~
..
~
o
Z
"0
V
~
~
o
Z
.,0
C
.;;;
o
<:;
E
o
~
'"
^
c:I
"0
......
N-o
M OJ
o..~
1} ..2 ~
~ d '0
1> . u
-:'~~
~ E u ~
t~ 5 ~
~~el!
..;
]
~c
..
E
::l
C
o
Z
-..~.~--~........_- ",,- ~,----..~---.. ,..---..---...-
CIl
Q
Z
o
~
Q
t.:l
o
o
o
~
t.l
o
Q
t.l
~
0(
..I
U
~
::l
Z
t.l
..
~ OJ
~~
... -
... C
0.0
-.::
t::
~
t.:l
:>
t.:l
:!
;...
"
::
'5
--::> -c::I
'V~a
~.- 0
i ?~
<t. ~
c ,3
~ u
~ ~ ~
lJ~oi5..J
:.:: J:: t.I 4::
]s~~~
V ~u?!J
"""2:)Orn~
-n '_.c:..=:
.~ '::) ~:J
':) :~ -0 '~n 0
~ ;;c:
::) c ~ ~
~ 6..:' ~
-~ ~ ~.~ ~
-g^.a~*
a. ~ ~ ~.~
'!.I u.- ~
5 g- ~ ~~s
~o..a~2
5u~c:C
::> ~ 1.J.2 {":t
== .:: ..0 C=i ~ -..;
~~~~~~
;z:g~~~g
-a
.~
'-'
"
~
::>
Z
""
~.
~
-::J
,..
>-
~
~ ~
~..3
:J
'n
~~
:;;
.~
~
~
~
'D
.~
:0 0
~ U c: CI
a.. -5 Vi bO
uo~~E
~ ~ 8 ~~
d a ... ....
~gE2~
-.':::uo.;l
>-
--.t
?;
~
t.:l
Q
t.:l
t.<.
43
o
or. 'r,
.;:0 '^
~ '/1 g
'"
.2 ~ 10 ~ .
~ 0.. c;;, --==
'r! ""'j ~ -
; ~. - ~ t
-::> ;\! '" _.
~~!l
~~~~~
1.1 ..1 'r. -
~ z ;:j ;':< ~
2~~--
~g::;':J2
_ - t.J _ ~.,
.~ ~'~.,g ~
~t::(A~J~t
3c1:~-g(
~ ,2 - ~ :"1
~E .~ g~.: ~ j
11 o..,t: 1.1 <<
.~ a. '- ~ t ;
~ ,,-
c: :::...c: <:no-..::>
':J ~- - J
0.. ';;) .~ .~ 11 t
;.!.. ~ = 1.1 ~ ..I.'
o~~niu:
J
"~
~
?
0..
-:J -
"
3:
.2 U
~~
~ 2
",.0
-/I L.
_ '"
".. ~
";; ~
~"R
::> "
~'5
~ .~
'"
...c: ~
G
" "
g-~
~~~
,.. ::>
g ~:~
~]
S! :1
c: ""
~
'"
'n
.~
:;;
c:
.2
;:;
..
...
Q
::: ~
.. "
o...c:
o 3:
-0
v
$
,g
'"
"0
"
3:
.3
~
0)
Z
o
Z
"::l
,..
3:
..2
~
o
z
.....
'D
ga:: ......~.L:
g 0..._
0" ;:; "\1)
'-V1~>.<:::...c:
.~~ (;l ~ &.5
"'4 c - 'ZII...
~. ~ ~ ~:;; ~
'""j - t)l) ~ IV t::
.S ~'U; 0 ~ d
~E .::~~
'"
'2 :"1
c:I ...
...c:: ~
<>DC
:c .-
~..:::
><
<IS
~
c: .... u
.:!J ~ ~
; ~ c
.g 'fA ~
C ..
.~ ~ ~
<d q;
..
~
;;;
.... c:
... 0
0..::
t.:l
t.<.
~
r-
CIl
~
U
~
r.z
-0
"
3:
,g
:3
::>
Z
~
'"
::>
Z
.~
o
~':
'"
:s:
~ .
,,-n
0.....
. >-
'.:::: > ..;
. ::> ~
~O)~
0.() c: ~
'-" -
o ~.::
~~
~.;;;
-.2-oE.::
..-0: ae.
~ a ~ ~._ (II
~ 1.1.- . :i <"'I
~~~~E~
0.. - ....: "--' .-
- E :~~ ~ ~
~ - (A'-
a (I'lI._
'"
~
o
:i1
~
o
...,
o
OQ
:::>
:::>
N
~
-
;0
~
-0
~-~.
-0
a.
=>
"
<:>
U
.?:!'
CIl
-
.g
U
-0
."
.;::
::l
-.
>.
C
::l
o
U
tlO
c:
;2
.
;'b
.?!l
.:zl
~
=>
o
~
"_"i:".:.'
lt~i~T'~::'
~':oo1;.~
.- .- 0 c:
:::{J"} s... ~
- 1.0.--
~,' '"i ,:'~,:. =:
~.;.2:~--~
:~:".-':_--~
O'~ _5.,!>
"- -0 ~
-- ;:l..,
Q:
~ ~
tr.; -ti
_ .::> !I\ 1,."
l}ii~1
:",: "'0
~ - lU
'" ~.~
E~0:E
lU..- u
1.'- ~
~"~:~
C:-~_i. .^
)0"
~~
.'"
:of ..t:
" l:lll
~0
t.I.,,_.~
~'~
~",-;'"..?.;.-
tj......
I'
~
5
'-'
~
t.
"
..c
.g.
~i
~.~
-::~
- ."
~I~
1:J~
~ E
'" -
-..c
0._
~-~
~t::
~ .;:
. .~
." 0
~.5
"0
'"
5
..3
-;:,;
~
"
Z
-0
..
5
..3
-;:,;
..
<:
o
Z
-<
Z
-<
Z
.... xrn-o;;
tU.... 0,,",'110
~N..ot;j~
()x<:""oc::
.... 0 b8== u
01.... .;::: c:: CG "'0
c: 0\ d'- en 0
00 x e-5-- 0
.;:;::: L.. ~ ~ 3
o~~g~~
Z ._ u ~ ~
E-<
Z
(5
c..
en
E-<
Z
;:J
:I::
-'<i
~
-a
"
<:
OJ
~
'"
-a
~
1.J
~
;;
.0
>..
'"
a.
-~
Cl
~ ti Clug
o a. 0..0"0
~t~ zga=.
0.0 o.J::fA
.~ _ -:n: lU
~ ~ ~ ~ = g 42...
::: .."<::' E --
'" a."'" t 0.~1: 0
a. E . ~ ~ ~.~ '-
:":o..C:C::4.lO:::1Oj
::)t~~;;'-~t:
{"')o..d~-od~.';::
...1"
0.....
.~ a. 0 u c:
E2~a...
~ ~~ c: [
.a.:;, Uo
~ ~ci ~(;
o .... 11 .... >
C"i ~ ~ 2t~
::>i;
<::;
.~
..3
o
...
..
.-
d
'"
~
--:::
~
~ ~
~ '.J
.- g ~
~~D
.-'"
0'";#::::
~ ~ :
-oc:-=
U.- ::J
lIJ 'U :,)
~~~-g
~ ~.> ~
~8-;~
2:::~-;;
~ ~~ ~
.~< g.3
",. -
u..c: 5~
~ ..~.o.........
o~~ ~
.r:NOC:
~vcG3
a. -0 c: .0
o ~-- 0
"O..-oz
3 -a ~
O"t;; o,n
al..._~
.i:&<~
.,j
u
::=
.9
-;;;
o
z
-o~u]~
*~..cl1lut
r;;~tira5
......::::J-o...c:
-;: .... e u c:
~~a~'"
0...0060
Z8i:ii~'o
...
o
~
'"
2
...
c;:;
'^ ~
... c:
i:~
'"
'^
;>,.
eo;:
'0
V)
..- ~ .~"'-~"- - ..- - .'. - --.-. - -- .... -~ ---'.-- -..- -,-_..
;;
~
..
~
;:J
cr
'"
-0
- - -- ---- ----- -'-- --- -..._......~
'0
u~
~~
:.;~
8.~
-c
o
<t:
-... ~.- --_.-~-_.__..._---..._...~.....-
::x:
-<
;:J
0-
<
en
en
-
g
0"":
c: 00
"0:';::
a~
':::1:
0-8
'^ x
00 ..
u
g ..
:~
... c:
0.0
-c:::
f;I;l
~
o
~
;z:
~
~
;;;
] ~"- .~
~ .;: ':).
-5;;~~;;
u U L.o --::1 .-.
~ ~ .~ u :u
~;~~g
::E""..::::,::
g ~ ~ ~.-
'" "
~ -~ ~ ~ ~
E ~ ;= ~
~;:!o':~
g; ;a.~~
m ~~ -\.I~
.- ..cc
-<22~~
]~~;~
a~;-80
0- . x E
.~ 3 ~ ~ E
~ ""0 u 9 ~
~~J:~~~
c::J-d....:J(
.- L.o - := '1J -
Cir;;g;;;~~
x.gc~:~
o 3 ~ -~ ~ ":n
-a
u
~
,-
~
o
Z
-a
c: <:
"'.-
u -
o V)
~-u
... ..
... ..
0.0
X
c:::....;
0.<::
ci- - 00
tI'lI _'-0
o <J
..,.c:..c
U
II>
::: <J
"'~
....-
... c::
0.0
-c:::
~
~
~
44
~
,--.
-'"
0.
~ 'J "5
{ u I.~ ~ ~
~ ~. ~ ~ ~-;-
~E -:~~
- ~ ~_s:
Xl
:::>
:::>
N
---
Xl
"::)
~
:.; ~
2
'!.I 'l1
.0 U
>..c:
:1 -
~'-;
_'0
~a
<: 0
oeo
~<
g ~
-.r:
1:0
">II _
:.::2
~::I
08
::: 1.J
'lI-:J
c..c
o '"
c: ~
'-0
"::)==
.. '"
-g~
~ ::J
.5~
....
...
a.
u
'"
6 ....
u ...
Ci. a. t:
.' ~ v
Cu
0-9 e
_ .0
<5
:2
~
.~
>.
t:
v
a.
E
a.
c~
v "
"::::c
:> ~
u
~
~
g
;if
-D
...
...
0.
...
..
..>0:
o
...
..0
...~
~o
-cG
Q
Z
<I:
...J
2
52
;;...
E-<
Z
;:l
0"":'
ue-
o
ou
z-5
_c:
::t:Z
...
..D
....
u
C 0
g]
.s
o
Z
"
'-"> a'_
x ~ 0
5E~~
.~ t....,... r: -u;
;::: 1) -- ~
:.3EC:::X~
zgg-E~
~
:1
.!!
u
-;:,;
'"
....
u
-.:::
'"
'" .
>..-
~~
v v
.~ ~
u.. 0
;:;
~
u
...
:l
'"
00
;;
u
... ..
0;00
Lo;:
u <:
0.0
-c:::
-i;l 'li
~ ':)
"- ~ ~
_"""J 5
-r :1 =
X ~ _:j ~ ~ .<
-:r:":;:~~
.:: 0 ::>.==_~
-;:; Co=-:: \I -
~~~~~...
)(d-5-d
~ ~~- g ~
o..:;:::>=: ';IG(
::: - c: ~.- 1
a :-= .~ il (/) .
~5~~~';
"29~lU~~
g:~"'2"~~
co -c: 1..1 :a:.- .
.-~tJ~;
<( .5 .=..c 0 j
-~
u
.5 L"
- 0
1'- :;
"::) >-.--
~ -5 g
~ .... ...
o 4)........
-0.<:
~o~
':).::> t.I
z~~
"<1"
~
-;;;
.9
'-'
"
c..
:;,
;;
~
u
g
V"
'"
"'"
E-<
en
~
o
~
~2
<1:<1:
...Jc..
--
-.::>
<=>
-0
TlI
too
-0
o
U
c:
"Il
Vl
c:
.g
-~
-0
."
-0::
::l
-.
>..
C
;:J
o
U
'>ll
c
:2
'"
c
.;!J
en
.,
'"
:s
o
,l:!::
...;....
f'
~. ,:2 ~"'J-~~' ,;.
....-.:;;
'.:01~"::i'::;
~\f~f~ '"
It~
~. "0,1- .:(
e-f;=~.~,~ .e
O"~ _: en
.:,,,,,,,0 -:
i;<'i:3'~
.;-
i'-~::a:-~
loIJ!:fOG'~
ei;f;1.;:;
~~.~'':
~t~:j~
'.~,,~
!"t't::
^,:tm
~:.~
~~;
) 0
'"
~
.~
.~ ~
:.< -;;
'"' ...
2 ~
'J
~
~
;i'-~
-:J
."
"J
~
......,/ <:A
~-o
J -"
,,,
.D
c~
~ ;c,
~ .~
.- .'l.f
" '"
0..:1
~..2
-;:: c:
..
0..
- 0
~""2
'"'
-:;, 0
~m
.3~
-; .0
~~
en ~
~
'n
.~
:i
.n
N
N
.,.,
:::::
C/l
~ '"
;;;
v
;g~
1!
'"
o ::::
ca""
<-~
~ 'V
~~~
~::r:~
:::s ::: ~
~ KB
_0:;
.,..
"0
~
....
"
~
z
--i:
::r
."
'-0
CIl
Z
~
:>
~
f-<
CIl
~
~
<
...:I
1: 0
f-~
;i ~
0::::
~
-5
.~
.5 v
-:;, u
u "
;;! :oJ
-n.o..
"
"..0
.0
;;;
=_0 :1
E
>--.'"
... c:
E 00
en.;;; ..;
~~C;;
~- - ~
... -
o ...
~.J::cE
::s c: ..
.2 ~ E
~::.2
o..:1u
OJ=!-S
""
u
:>
.3
C;;
"
Z
v
o
c~ .c
- :>0
~~
.~ - ~~
I"J 11 -0
o..~:;)6
5 ~.~
~~~
:::: "n~.
~ a g
<(
:::
~ u ~ 1
. ~2 ;;
cr~-..:.::
::'=>~t
_~ J! ;a ;:
u 0; en o(l
.~ Q1 ^
"ft'lI~ Ill......
~;~~
.U: 2" - ~
E3:2-Z
e'i>f'3:
._ . :u VII
~..c~:;
::E -~ Ci..2
;:!
::; ;....,
. '"'
:::. """J
...;.: .......
~ ~ g
~~~~
1::.sJl3:
:;
:;;
.-
<.
~ .... -::J >...
~~~~.g
~ 'l.f 0...-::1
c.. ::;.. .~ ::
-J ..
...., -n
..0 ::J
~ ~ -=::- ~ -.
g ...... ,..- - ~
71.13":::0
;. ~ ~ -~ ?
'"' E >-C')
"OlJ :'10
1.I-GIl'"'O_
~= ~OOE
~ :'J !#1-2 ~
'U --< ::I ;::>
g.D~~,?
3.2 .>~;::
_ ~~ ':'2
t'tI -;::J 'J -0
Vi ~.~ 3 e
. :::~rn~
"
.~
>.
~~~-g 2c
- <'"n..o :1: -- 'lI ~ ::;
;J ~ i5..c; ~ g--s ;f
.:; ~ ~ .~.g b. ~ t
~;::_~~~g::l.
o 3 o'~ a ~ - - ^
EE~o.....oo"'lt::-
o -;:::;:; E ~ - ::: -q; ~ t
Z -..., ....;-",-0 ~ ':)
* -s 9 ~ -2 ~ ~ 5 - 0. ~
..
-s
2 E
-S:1
...S
C5.S
E E
o
Z
~d ~
9 ~.~ ~-;:;
~~ 0- ~ .5 ._
tI'\ ~ -c E <'"n
:l:: ~"'C~
o Q c:: c: ......
U tlJ 0 e:: u
C::a~ 5 g
t-
"
0.
o
Ci.
-5
-a
...
5
<>
...
~
:5
z
<t:
cr
...
o
o~
... <..0
::" :0::
;fa..
<= .,.
8-0
- ::.
-:j -
~ -~
".J 1)
~~
.s~~
''1 _
] ,3 r-.I
gN
~ <q" ~
~ ~ ~
;Q~c
-- ~ ~
v
" -
~ ~
:;,-
:,..~~
- ....,
... .-
V-v
o.~
2 '~
0.-::::
~ ~ -- ."
- -.1 ~n
J -E.' ~ -rl
;;~g~2~
o--g 'l1 ;:i ~ ~
~.u~...o~
"'E1Ji.tE-o...o
~.~ ~ :; C ~
...o-1Jc~.=
. C.D -- !"t .:::J
<( .~ >. _~ E ~
1.1 '" C ~_
-!: ~ a ~ :i8
t: 0.-01;--.2
~....; tJ "71 'J1 ~
c..-3:~~_
~~..3~1J~
o~~~t:~
c
o
Q; 'B
~ ~
:n '-
... "
" :::
0.. .:::
-;j
,..
~
.3
-,;
o
z
~
EXHIBI
PAGE
-;; ~ ~ c
~ -; c: -s;i:: ;a':; :; ~ .~ t-2 ~
~ _ i:: ~ -- 0 -- 1.1 1-. ('~ '~
o1i:gc^("'.\~_1.I Ur-")3-~
...... 00 U1 0.. _~ -0'- ~ ~ 'llo a. -a :::
a..~ ~2 u~] c 0..5 ~;i >-:
t :t 3: ~.- ~ -~ a.3 -~ ~ lLI ===_'"'_'"
a.. u ~ -5 _...... c ~ u - ~ _
~ 6. -3 c; en 0 ~ :5 ~ ~ ... d
")j)
c:
.;;;
o
::;
o
0.
::)
-:;, ~
a ~:::
.:-:...0
~-a
'" OJ
..
c: "
.- x
'.::: ~ ~
<7--;0
fA '0 "(;
-oc:.J::
.2 u .. Ci ..
~ u
CQ !:: 00
"'. '"
... ... E '" E
.. ,...
0.. u 0 .. 0
a..::: o..~
Q
o
o
~
~
<(
..l
Q
o
o
~
z
z
;...
..l
w>
...:I~
o....J
<...:I
~~
45
00
'='
'='
.-.
;0
.......
--..
, '~
; ..
:._-~~.~ -
OF~
'"
"
o
U
-~
en
:::
.~
.~
-a
'"
-,::
::3
--.
~
::3
o
U
:>II
.S
~
L~
:,'d,~
trn-.
f':'~
~;g
:::;
c
..
:j:~~~;~ ;'
.';::':1. ."0
CO fn._ 1-
i_;~"
."
r.tl,' "'0
lU :;:. ,eJ
W\' :)G"-
[sure:
.0'_ .~-tU .0,;.,
~~~'
~'~:~
~';~:~'
~'CG:
gi-;i
~~~}:'~:
r.<<
.~;~,~:<"J
c,,,",,.. ~
OJ
>-.'"'
L, "
" ....
..c '"
o.C
.... 00
~-;i
c..
C x
o ;.!
-u C
v '
~ ~
o "Vi
:;: g
"
....
OJ
o C
0:1.~
'r/)
-< ..
.= ~
...
-r::J 0 ~
~;z: ;;
c '>-
o Ki
~OOi
<-"\
;--.
~
;:;
0.
::l
u
u
:>
....
"
a::
'"
."
>-.
'"
-u
o
;.-;~;
<T
'"
~
..
~~
'" ..
... c
u 0
Co':::
"
:>ll
"
"
;!
"
~ ~...i
~
-5~
'l1
"'"0
c::
"
~
" >-.
- '"'
Co..."
'.I'l ~
- <1
;;rn
'>1)_
" 0
t ~
~ 0
o..c
..;:
:::00
..c:=
3: ~..
'"
-::l-u
" 00
5.5....
.3
"<.g
;:;
..c:
:::
~
c:
o
"
~
...:::
3=
0."
PG.,.-
~ .~
u ...
..c '"
-u <'n ::J
-5~~i
t<i..o;!~-i';
u '11""" d
l1.t Ci <<J E
~ .~ E ..
::>.... ..c
=o..^-
-< 0 a 0
("'oj
""
.S
."
o
"0
....
.~
d
'"
~
.;j
<-"\
cT
'"
v
:,~.... ]Cj
.. .;; t2 E ~ """
.~as we ~ :: 0 g
-t::u....u~~
;:.S! ~ !:!'f: ou
.....:::_ ~ u",~
~:g:;; , ~7:;-
'" ::;.
-<
z
-
Q
~
c::
~Q
(,Jz
c::-<
~...:l
~~
~
o
..c
c::
"
0.
o
....
..
.:;:
'"
....
::l
o
..c
3=
~o
C
v
..... ~
~ ~
;; ;::::
.=:: ~
.2
?;C;
3= co
o~
~ ."
"
f;
E
u
PG
::> 0
Co .."
"
:9-~
.... 00
" '"
Q.c
c: "
.- ..c
-g5:
~.?;o-
0. g .
" "0
--D._ ~
~Eo
::E~~
"2
'"
o c:
co.=!'
.~ ~ v
'UOr:.J.
~;Z:C::
~ - 3=
~ it.2
"'0-
v
N
>-.
~
;;;
0..
::l
U
U
o
c:
::>
0..
:::>
;:
OIl
'0
..c
"
.~
'D
I
a::
&.~
'" E
("f') :.::
u
....
'"
::l
cr
'"
'0
..
u ..
:::00
"'S
.... c:
u 0
~<l::
~
tEl
~
(,J
oJ
...:l
~
~ c
.~ 2.~ ;n
....0 ..0':::= :Q:
::J - C'2 0
n.g:__
a. ~~ ~ ~
.; 2 ~ ~
'n t:
v
-5
~ :;- f;
Bo.c
a..~
;;;
:0
~ u
~ -=-:; cu
:II ~:::: ~ 2
:;~::;~&
~"'g3ge
:1~""::J~o..
~ 1..1 t1I ~ tot
~~~a ~~
!~C"3fA~
-C > 11--0 v
~~;:! ~ ~ g
.s a ; o..(i
!A >--._ c:
~~~<~
5 ~ E a ~
~ ~ ~ .;r;
"9 ~
2 9 ~.S
t.-=r3;;
o.--C:=
o C ~ 1.1
Ci;o:2g
ti ~ C c:
~~.~~
23 !fI '/1
0.- "
;:> "'~.
"O=~
~ ~
2~
~
c:
'"'
c:
~
o Q.I 0
~ ~-5'~
'/1 -~ ~ ~
~ ~ ~ R
.:::
~
'l>
u ...
.... bO (.)
U tU c:: '"
~ c f-: ~
li~~~u
1:; u o~:
0.. ~ ~ _~ ~
~~='-c:
o t ~ ~
Co 0
z
o
E-<
...:l
~
46
c
.2
U
~
d o~
a. ....
'" ...
0..
.S
>-.
u
c::
'"
g-
u
(.)
0
....
u
,;::
'"
'"
;--.
'"
u
r--
~
'Vi
...
...
Q.
<:::
cr
'"
N
~
o
c::
z
o
~
a
c ~
0';;;
.1:: c:
00
"'n .;:;
("'oj
u '"
.D ..
~:!;
E .!!
:! '71
a 0
"
..a
3=
o
PG '!i
.5 S
2c
> "
- 0/1
-0 ..
u .
~ c:
0.2
:a~
GI'I ~ ~
oo!i<::
r;;.s '"
-0
...
'"
o c::
0:100
.;: -~
.5 ~ u
""0 0 '0
u;Z:c
-g C ~
U it2
~o-a
....
",
...
'"
o c:
c:Qo/)
<0:
.S ~ u
-g~~
-g~;t
~ a...3
~o-a
.....
-u
"
S
(.)
u
0.
'"
.5
o
Z
;:
01)
'0
..c
'0
I
,~
&.:::
<II E
\0 :.::::
....
~~
:E
.. 0
Co':::
tEl
~C,)
~~
E-<~
~E-<
E
.,
E u-
., '"
> ::s
'" 0
0.':::
-:;
"
;--
.9
d
;)
Z
~ ~
~<-=<
^'"
""2 a
0_
:i'a
.0 ....
.&
......
-u
J.:
-;:;
.,
0..
'"
.=
o
Z
a-
'"
'0
..
., ..
b~
:E
.. 0
Co':::
o
tEl
E-<
oJ
~
;;:I
~
I
~
00
=>
=>
.....
;0
-
--
-a
c.
o
-a
OJ
-~
:;;
a..
:::J
'"
c
"
..c
~
'"
'"
-a
o
U
c:
::lll
Vl
3=
o
PG
'-
OJ
.:2
U
-0
'"
.~
......
c:
o
-0
"
:;
.E!
"<
>-.
t::
::>
o
U
t>/l
.S
~
-0
OJ
:;
.3
d
o
Z
..
('
~
'l>
.3
....
~
'"
,,,
>-
'"
.",
Vl
.z:
.;;;
~
....J
f-o
en
-<
(,J
~
~
z
~
c
.?!A
C/}
..
'"
'"
~
....
Ql
~j~~
2 ~'g ~ -e
~1;; OI):.g
~,~r~
;"::0
('f<:.~:'_.-.:_ ' "-
-'~-'-'..-- -.
~~
:.t.: ::"
""'..'00 ~
=(;3 0
is',~.,~
~._-- 4.l
~t~~'
'"
~ or;: .
. .bJl
Un
, '-~'
;~
:T~
".Q'
.""
..
;a ~
-5
o
.<::
1.1 s::; ....
~ u c:
E g.'-
~ u
~ g
. ~
;:: '"
u '" .
...r::"O
C::oo'"
0.._ ~
-9""0
u"""=
;.. c: '"
., .,
"-5
.--..
~
o
~
~
'11 ~ '-., -.,2 -:J
~ 5. ;1 ::> ;n -~ .~
- ;: =-=
N ~ :;) 'ry.:...__. - -;n ;;L~ .~ -....
:"'0;:; ~ ~ i -r;; ~ ~ ~w~
-;!-:__ ~ ..........t::-
tL.; 1.I'Y)~"~~~~>J
-:J~;f ~~f~~2.~
u _ :> ~ ~~ 3 6. ~ ~-
';.j :!: -; -;:.,. ?5 ~ 't- _[.~:: ~.~
~ -~ -., 1.1 ._.~ #. _ _
~ -r. :. ~ ~ ~ ~..~ ~:a ~
g ~ ~ : ='~ ::; ~ ~ ~
'l',Jl::):"':" -:;J~~":~
~; JJ _
:3 ~ ~ ;"0 '~ .- ~ ..... ~ ~ ~ .0
N :1 ;..- :J:::lc..:n
~ ~ .~ ] &." ~ .~ ~ ~ .r:
.5 c ~.~ ~ ~] ~_, ~.o..r::-c
co.::: 11 1.1 ~:; ~;; ~ ~
.~ ~~ d:g , 8 ~ t: ~ u tIl 0
;~-,;.g.; ~ 3t~] ~ ~
~ ~ .~_J3 ;!. ~ ~ c.. "A ~ ~ :
ii2~~~~~g~~~
~ 0 3 -;; =-5 ~ 00 ~ 3 ~ -= a
"J
:D
'"
0..
o
-5
.S
-0
u
,..
.2
:;:
,g
o
Z
'.-' ..-.'-.'-..-'.,- -'-.-- ---...
u
~ ~
~ '"
'" -
... C
u 0
0..':::
C
o
';:l
d c::
(; ~
Co
t 0
Vl
..
_.".. -- -- ---. .-' ._.. --- '-----.---.--
>-
Q
Z ()
~~ ~
J:(O:: ....,
0< ..(
Za... a...
3
o
~
q~
:; 1)
':) ::::
\..) 2
5 'g.
-0 "J
V ~
]~
~"
..c
v -
.D ~
gJ;
>- C
:;J .-= .?!l
- 3: ~
;!! ^ 11
.~ a. .;i
'" E c
~ a 0
.;:: ':.I DO
c:: '" t;
~ _ .c
o..c::~
t::-o~
o:;~
.~
::>
Z
,g
o
Z
"'"
~
"
"
;}
':)
Z
EXHIB T
PAGE
-0'- U E u E
LtO ~:l 'O,--d&.
i1 c-J ~- :;: _ '(;i 1: '; ~ _ ~
~ ~ : ~ ~ ~5 ~ u ~ '5 ~ ~;'4::::
'5 .5 ~ -;:: ~ E - ~ ~ c ~.. ~ 0 t::
2 .'u C E '"" E >-. <:> ';;;.!! '" 5 0
t::I ~ ..s::: 0 _ ~ J~ -0 .~ t:: 1.1 -
(.I . ~"'O -- ~ -- t 1.1 ~ 1.1 ..0 E 2
0"',:: 1) .. ~- 0..;; a.~'-
.~ ~ ;..... ~ :2 ~ ~ 0 ~ ~ 0 ;;.s u
CJ') N - a.. fI'l en 0 o..B -:: Ci E e-s.
'"
-os "'3
~ _~ a
I I'" ...0'2
(.<1~ 0.]..2 .~
U Z ... <<I ~ eo">:;
l:l:~ 8] go 8]......
(.<10C<<Ioc::...",
~ U .~ :8 ~ '~:I! ~
47
,
-ci
u
C
'-'
..
0.
'"
o
Z
]
o
Z
'"
~
...
-5
~
..
.~
-;;;
~
-5
.".
'"
~tt:
.. .
'" 0-
X '"
ON
0-
c::-u
;; ~ d
0:0 v
~ E ~
r;; 8.=
..
<2 i!
>-. ::J
- 011 '"
I a'o-'=
..... C
(.<1;><....
() ~ ~ ~~
l:l:~gg..8
(.<1 0 .-.- ~ ::
~()33:X::;S
00
:::>
"'"
~
""
-
---
~
:::>
-a
...
'''0-.
a..
::J
...
"
o
U
5il
Vl
C
.~
~~
-a
'"
'':
::J
....,
^
~
<5
u
00
.=:
~
~
.~
C/)
...
~
:::l
~
....
...
::>.
If.~~
.~T{~~~;:..
"~.-;: [.
"',:-t.
;-t~;~~}~!;
--.- ,0 c:
~jU
-At
. ..
"...,., '.I.l
:::l ""
.. 0. 'll '-
~.:z :)l):~
,",_'.~ Vi ~
:J."_:c. ..t
)"0
',,;'..:. -;.;.
~ "'"
. ::::-,'l:"I
I";:),G'~
1-c;;, ...:J
,~~
;':~.~
",:.3-'.~
'~~
'-'
.,
.J
"'-
>-.
~
N :1
;F+ :.....=:
"
.-
;.
.D -
- -=
-:J ::
:::
-; iA
T .n
\.I :"'1
~..:::
"
:~ -5
:> -2:'
.J c.
'" V
[U "J
-:J
'-'
~
:>
Z
::;JJ
;;
--:J
.1:
'J
"
~
z
:>.- ~ i-;:;
.2 tg ~ ~
~ C "n
:-:J.=JON
~g-~~
,_ 2)~ ~ ~ 0
-'~E~c
'n n.. 0 . JiJ
7" ::J -...l c:: -;;::; ':11
- CT
.3 !I".I
ot'lJ5
~ I~ 0_
fA - 0 ....;
l...oU-f.6..,;"
V 00 0
0.."'_
~ g.
.'- ~-
- 0
c..
~
-l
-l
<t
>-
~
c..
."
~ :..-..
~
1.1 ;. --' "3 -S
D ~
>.~-g-;;::::
c.:: ;;'~~8
o ~ ~ ~ 'A ~
H 2 -g ~ .~ 1:
:';J :> U !n -
t~.:o ~ ~ ~ .=
:J_-_-~
g. ~.~ ~ .$
c.;; 0.]: ~ g ~
';'~.~~~ 0.0.
~$- "'02
~-g 3 ~-5--; ~
- ':) '" 3: ~, ~
~~t:"O;':'~~
-o~~g5;!~
u>o...,v--
:t"L: 0.. 0 .:a ::-:-
:) c... :.::: 2.;: ~
~ C"J ~ -g 4~ ~ ~
C >,,; 0.:0 ~ ~
.~~.c:~[-ao
~~~=:~~.s
~":Il1J.o"",:a..-
2~2~5a.~
....OOO.D1.Io
<CC'3~t:.:::J.D_
-- -.-....--. -"---"-' -..,., - -.'--'-._- .-'--.-.-..-',.-.-
""0
.~
-:;
u
5i-
"6
z
en
~
;;::; '-
..3 N ':::>
.~ :a ] l _
~ ~ ~ = .~ ~
~ ~ ~ 0 ~ .~
c.
~ ..2
l ..c: '? ~ :2 ....;
.~ ;l. ~.q ~ ~ -;j .3
'-'lI..oU~...oc~
t.#:-"u _0'008
5 -i: 0 -~ ~ ~::= 0
:::t;;=:""" V'\"U........
~:o ~ ~ ~ r:;:. -g .9
~
:g
:5
~
:J .g
"
2 '"
'J '"
" ~
en
"" -:;;
[/) 0.
;;
~
'"
Lo
g
::r
'"
..".
'0
u ,(
.. d
~ a
L.., tJ....N
.. l>/l
0.",
~~
o
e:
Cl
Z
o
:;
Q
~
'-..'- .-_. ---'-- ----.-..._--,~.__._----..-
'U c: .g
i; .~ ~ >-.
...c:: '.11-
. :J _ '- 1.1
~Z;o~-5,-i:-
~ >.. -,;; -2 0
ut:::~_~..j
~:iO-o~u\
3' 0 := c: 1IJ ~ 1J ~
C ~.;; ~ ."2 :.c ~
~ U ~ U > U !"11
~ ~ 2: ~ 2.> :5.~
:: .a.c..O-:J'.I1
~ ~~~ ~~~~
<:.t:.- ~ >.. ~ 3: ..:: 3
-g.~~ E~-5 ~-~
>_:'$ 0..-::101.1
,lU'1I~~a.c:,-
~ ~ ~ ~'L~ ~ ~ :.;
~ fI\ ~ C;;:o = ~ ~...
u~c: '::)0-0-
:a a. 0 .. 0.';;; c.'?!'.n
~ ~ ~ ~ ~.: .;; ~ ~, :::
c: CIlI ~ ~ .- 1..0.-
-~....s... J:J:: O.s <::: 0 ~
CA.,2 --('I ~ e ~~
~u~~-ou::~c
::> '" ~:::: .. ~ .. t>/i.g
.8 bEg ~ t;i.~ ~ ~
~t-8fa--g~~E
0.. - Cl:I M 9 _ "'0 _ ~o
o ] 5 _!] ~ g ~ &.5
-ci
..
~
2
<;i
"6
Z
'"
N
'D C"'>
!"11 ~ ~ .~ ~~:::
~ :; g- ~ -;;; ~
-;; 0 0 .r;; (5 0
--0'--0
300....300..
E'"":~E'"-:~
.~ ~ ~ -~.~ U
2: il -S::E ;r 6
~ ...r::~
o 0 _ 0
~]g.~ ~
-c: -;; b ~f ~ .;;
.~ l3 c.r.. ....;;; 6 .
3:=' ...~"'<t::
cE<t::o>.6.
l>/l._' <:::.- r:r
.;;; ~ ~.~ cT ~ ~
-c'D....EC"'>
z
o
f-o
Z
~
48
~
f" ~ ::.
"
- .-
<:: '"
~~~""_r-
.3 '- ::: -"~ 1.# ,
""'::J C-2 :> E '.0
.~ 1; ~ ::. ~ r;;
:: ~ [.~ ~ ~
~a~~~~
'l1 -.:: c 1.1 ~
'"E 'U ^.- tt'I U
d ~~~C: I
~ o..UO"'O
:0 _ .~.:::! '- ~
<I; .~ ~ :::-~."
}I~~..o .u
~ - :> ~.1,.1 1..0
.2 .; ~ E Jj .~
~ ~ ~ ~ q; -8
0. t.J .... ~ ~ ....
o .S ~ -;;; = ~
-0
v
3:
2
-;:
G
z
C
--:J ~
~ "
.0
:;
;:; C
Z
'"
3 ~
s::-S
.:: dI
~o~
E E.o;
'.::: o...c:
- Cc
~] .-:
OOd<C
u
..
t: ..
... ::
1; E
0.0
-e:
:I:
CIl
~
~
:;;
<t
CIl
'"'
;:;
'n
R'~ ~
2 ~n ~
o.E~
v (; ~
..0 0..' ;;
:1'1 'oI'JI
E t ;
~ S:.S
~o~
~ 2~
u
uo.>-
000-;:
<t ~ (5
r-". .""'- 1.J
~ :: ~ -2 5 -.
~ ~-~f
.;; -;; ~
c ~-:;
~ a 3
__ a
u.c'
oo-~
:::J 11 !.
;! a
-:::EL
~ -::> -
: ~ 3
~~ -~.~ ~
>-..:n~
~ t:: -;; J
o ~:.a :.c .-:..
.~ 2 -g ~ -
- a. (I) .... ~
"":J U :l3 3...::
~~o~:
.3 =3 '-:=- ~ 'J
:;( 5 2,~ ~
go
::=N ~
.: D .~ 1:
.~ ~ ~ ~.~:
-: ~ 2 .9 ~ ~
d ~ -.~ ':1$ ;
:l -:J ~.:: ~ ~
O""~ ;::: -0 ~...:
'" '- -- ..0 ~ (
~~tti~a.:
c.
o
~ u~
~~ ~ g-f
_.- u .c: _ ~
UUlUOOU<IIIf.
GI -'" ~ -- >
So.. U t;.4 QI\ u"'t
;i04ulU"'Of
CU -.~ t:: (
~c:.D'r::Sc
o.ogc....1.I
-'';:-00:2"
u
<(
t-<
<(
Cd
Ql
:n
::>
=>
~
:)0
-..
<.::>
=>
Li.~
~..
'"
v
~
Q
U
.~
CIl
.2
.~
-0
'"
''::
::I
.......
^
C
::I
o
U
tlIl
.5
~
"...
~
"
~
:=
;:>
..;...
;:;
""
o
~::~
.. c ,..
~ ~?!l 0 C
E ~ t 4~
~~~:
~~2~~
3 ~ .= 'fJ.
.... 0
0;--
" " -", .~
" '" ~
" en
:) .... ,.. 0..
" ::r: c '" :.a 2
.~ ::>
~ "7 .n "
. " en ::> >-
;. '" '"
) 0 " "
-5 L.
::)
_. '_','___~4_', _.'_~.._._.
- "
: ~;
;:,,:l...
.- "
, J; c::l
:'-L.. ;;.-...
) ::> "
~2
:=
.!)ll
'Vi
~
'"
Vl
i..
::>
(:.
o
.....
>-.
1:; ~ t
~ L: 0..
~2 2
oEo.
0::><>4
~ .~ '2 --'
.", c: ::: 1.1
]-E~~
'"
,C
W':~
i41
";.
(I}
~
'" .n
;:] 0
a :::
.. =
OIl'""
t'CS~
~ -c '-0
u 0 0
~ ~. u..
(;j 0
;:] 00
-0 0
.s.s -D
~U~
-- oQ Vl
~~-
ClI co::: -
~';;;.gc
o3~~
u '"" '"
~
-= - ~
- :=
g~
:: :~ J
c.. 1.1 :J
:1- -..I
"J .:: 2
5 ~ n.
~
:g
::>
Z
:~
o
Z
2!
'"
'J>
L.
d::
'"
'J>
~
-5
'"
2 <:::
a- ir
'J> N
00
..
u
'"" ..
(;j
.. s
" C
0.0
-<t:
I
_~J
'J>
.EXHIBIT
PAG E-*.-O E
:3 ~ .::
.n .~ ~ ~ ~
6 ~ ?f":; ~
~ ~ ~ ~:.::
J ~ ...::
~~~~
~:.o .2 :;
:; ~ -c ::.=
.~ -3 ~.~ ~.
~ _~ ~ ~ 2
o...c:-a -g
~~~C;~2
< -5"i:: ~ ~ t:
~ .~ ~ ~:.g
~~~1IEo
:'2.~ ~ ~ .2 M
?:-t2""':-"::
U .s:< E g ~
-..... ..-. -... .----..... -- -- .--- .._'" ..---------.---...-....-.......---....
~ u _
~ ~ ~ ~ ClI>.e~~
:::.~ ~:> z ~ ] .. _ ~ en Got.o:l zr ~
'0 "0 ~ en .:.II::J C .~] ~ "0 =; ~-::;
-0 . S ~ ^";; 0 a fI1 _ c: c: ~ ti.. ~ .~
'U ..E -~ Ai: 1: a. ;\ ""':I ~ ~ U 'U - ~ .
3 .~ ~ ;; ~ ~.~ E- ~ 0 or;; ~ -5 ~ b- ~ g
~~E~e~~O~~~~~~~.5~
d := ;:;.;:: 0.;::' ~::) '" a. 0 <:: 0 ,,_ ::>
~ -g ~ ;; ?:- 5 ~~ 9-:D'~ a.~ u ~ ~ -
z~~~.~~E~~~~.~~~3e~
~R
x ::>
.;
'"
tI U
"" a.
~ ~ ;; ..
";\ .; ~ *
::) 11 :.I ~ .s
g"E ; -
-C:'- ~~
o '"
Z3
.1:
'C;
'U
0-
'J>
"5
Z
- - -", ~ -.... -.. - -.. -- -.'.~ -_.~. ...--.-------......-..--.. ...---.-...
Q;
.~
'"
L.
'"
:>
-:r
'n
00
-ci
..
<::.:
'C;
'U
a.
'"
o
Z
d
~
~
o
<:<:
"
"
2
.0:
c
~
;:;
'-'
'"
a.
::::>
'3
-ry
l>
~
0.
"
.D
;.,.
<"3
E
en
:.0 3'
-;:: '11
"0 -;
Lo "
A...
.. ..
~~
u 3
o "./'I
~.;:: --
~ .~
f- -;;;
'"
c:
-~
'"
"
Z
-0
...
~
.3
C
~
:3
Z
~
.~
>-
~.
" -0
c: ~ 2 a 1.1 ':;
" " .,.; '" 1} a. ... ".. ;z: ~ .~.._
:; ~ ~ a .s .~ -E ~ U ~J < ~ u _
_C:(;i ~t'iS1J^c:..c~
N ~ r.I) ~.- ~ ~ ~ :g' B t: rJO ~ ....
.......".- U rn -0 0 0 :f; ~... =' 0 OU; ._ ~..
o E ~ u 8 E ~~..o"A o..tA-C ~
~ ~ ~ c5 ~ ~ ~ ~ ~ -S ~ 5 .~ ~
l>
-g
:::J
-:J
:~
u
"
;;-
-::>
,1:
'j
l>
;;-
.s
o
Z
o
Z
~
0-
'"
'-0
c
'"
-s
L. u
~E~
.2 0
u~ 0
0_'""
cu~
I ~ 2
- V'\ C;.
...---...--- ....... .'0___..- ____......__'__.._______._.....___....__...._...__......... _... u_ _. .___ __"'." __ ..__.___.______.______ ___.__'___.___.__.___..____~.~
W
-l
l-
I-
<:C
W
(I}
----... ....- --...... -- -------- -- ----...----.--------...---------..-
49
14
2:
:l
14
c:
o
:r::
<II
:r::
~I
~>-
0.... ..
:r::z3
o ;J .!!
ZOCl
rnU"
..
's
-;
;:]
c-
o
c::
C/)
<Xl
o
o
M
--
"'"
-
--..
~
'0
'0
..
'R
:J
'"
OJ
'0
o
U
-~
en
c
,9
U
:a
'"
'i:
::J
-.
>.
i::
::J
o
U
(Jj)
.S
~
."
c
" -,
~ :!:
-S f
~ ~.b
;; .;::
." ." '0
.:..0 ~ ;.-.
(F) c::: ~
"
z <:
. ='
..3 ~ "
. Co.
...;.. :i
.. ."
~O
"
'. >"i
'-;-~-''''-'':''..
ffi?~
...., "0 s.... X. _-~
~ ;;~.-.~~:==..:.~-.~.,.
o ",.-.'fl
1.- 0 .
.- :>...
0"
e::
~ ; g ~
_ ~ ~ eVe
~::c: 00 0 f1 .g ~ >: ~] :
~ ~~-'-~'7 ~ ~ B 1:::a ~ ~
00' - ~>. .~'..' u ~ ~ ~~ g ~ N
.- --. .~:sj~ ~.:~~_!.~__~_~.~
:..'I -=
<tI =-.~
.." ~-
._._ 'r,n
~..~..~
~.~~:--~
c_ ~.^
::>0<"<
... (.:;. ::E
~
~ OG
ei;i
u '111
...-
1;<:t'i> ..
5~-:-:;~;f
:~~
- 'J
::> "
;z:~
:--.
"
:::
a.
"
"
'J
::>
...
<U
<to:
'"'
-n
>--.
"
.."
.......
-.:::
;;r
V
u
~ ..
... ~
.... ~
... C
0.0
-~
Q
o
o
~
Z
<I:
f-o
en
~
~ ~... rn
.2";;; ~
:;;: 5 ~
'J
~:3
~ ~- ~
-; -~.~
~.:n ~
3 :; .5
;$ ~
:) ;::
~ & ;:
~ :: 1;
-:3 ~
:::: \.6 .....
:) "'.:)
--::;lZ-
~ '/l
;:. ....; ~
-2;5-
:;-.2~
~c~
.?G K :i
'" 0 '"
'!) U
'llo C.L....o
5-':.-;;
.c: ::>
.-
;; ~ ;::
a.==L:
o..2~
cr
UI
......
"
.~
'A
><
~
-=--:-
~-.::::
....,
.n
"
.~
l~
"" '"
-0
"
'0
'"
n.
-n
:)
Z
""'
- ...
c.o
o-
N">'
,,";;1::
-g2)~
d -J 2
,:::~:;
0-~-5 .;
~]g~
1J
~ U
",<>0
... ~
" Q
0.0
_....:::
:t
o
o
u
~
....l
-
w
f-<
~
'"
..
c:
.- ::>
-0 N
."-
> OJ
2'g
--;j~
0";;;
;z: ~
::>
-0 -
c: ''I
" .-
- to .
-Ou"
~...."
.... ~.-
_ -"
00:::.....
-i,; :i lIJ
..c: :::
,.:'~~
'" '" .
~E...
u
u
.... .,
;;;~
... -
., C
0.0
-<t:
a.:
~
2:
~
;;J
f"Il
o 3 .~,=,,' "
c.-5 .~ _ -5 ~ .~
:.............. :-1:...
:u::) a Vi 3 ,.,.
g.c~ ~-::;~::~
0....2 ';o~ ~ ~ -~ ~ ~
~. :~ 1J ~ C:... ~ ". _
:.:: ..- .D -~ .3 c.. -.:3 ;,;: .}3
~ ~
:tg'~~~~~p
n.n._ -
c: 'U :J _S 9 ~ ~;~
::> -=g :: ~ ~ ~. ?5 g
~_~ ~~ ~.o.~ ~-=~_
~s'- '-""_3
..2>-.'tI.n.....;a_u
1.-3~;Q~=n~:;~
..0._ ~'ll-g .:n.e
."o~ -N~ ~.J
:;J.!.~~:"$:O~;;c
E ~ 0 .2 ~ ~ _ 'Lt
~,- ~~~._4_ ~ E ~
~~t:3:-=-O::s -~
-;; ii 1t g ~ g ~
~ ~ 2 .~ ~ ~ 0 ~ =
g:a'a.o~:.x
-C ~ ~B ~ ~ ~ E :
1j-5g-5~~;;:"3-
oa~~g~~=~
-0
"
3:
.2
-a
o
Z
"
"
3:
,g
-:;
o
Z
E
='
c E
bQ'-
._ x
'" '"
ME
.:::
7
'"
N
~
~
o
u
~
f-<
EXHIBIT ,
~NG E-'-'-
:..=-:>:...=:
-'" ""'
~ 11 :1
n.=Cl
"
::l'l)
~,j ~
-:J ~ it
U N ::l
:; -2 a.
.;: ~ -5
'":T ::i ....
-~ i::
~ u
;;
.."
~
g ~
""'
~~d
E 0 <:J
. "'11-;;;
~~E
-=ruQ.>"
C'I1~ ~ C
'-0 0....0 0
~ g
~
... -0
1.f LoC("'f"l
n. _ro"'-~~ ~~:::u..;
~ ~-~g"B~-5=;;
E ~ -~ :: ,S ~ 'fi [ ~ ~ E
~~~~$e~J3g:;;.2
.~ ~ ~:.e'~ ~ ~ ~ ~ ~ ~
N gf.S ~ ~ ~;; 45 ~ g -;; ~
UI
>.
d
.."
::::>
M
'"
~
o
N
0::':::
4:: cT ~
. UI u
<:::~~
;t~ ~
c_
"''''''
e
..
0-
o
...
a.
....
..
a.
~
...:l
~
~
;;J
f-o
:! {;.
tit':; :: .;
.",....
,:"1 ~- ~
..D,." .~.
.., - ~. ~
? .3 .-
,\I '"J--
~.." ......
"2~;3'J
3. :-.J :::
::a 1.1 _ ::J
en ",..0
~ ~~si
~ :g .2:. _
_ v
.- -;:] '..J
..a~3:O
C~~~
G) _ ~ ::J
a..';:: -
O ::: 1'11_
_ :: u
~ ", 11 -
~ ::: ""0.:
-S ; ~ -g
~ ~ ~ E
0..-_ 11 ~
:~ -= """:J.:::
-.- ;::) "
o ~ E ~
-.,j
"
3:
.2
"
;)
Z
M
~
;;
" -
':;; .~
- .~
5:::::
o
'-
::>
~
~
'"
-S
5
..:;::
UI
^
'"
"""'=' 1J
~~
,:::
0-
UI
""
:g
...
..
a.
,.
l-<
r;j
C:W
IolU
~j
:Jll..
50
--~-...~---....._....---_...- ..-.......---..-- -.-----"-_._'._- .--~~-_.--_._-_. --~'..'.'. _..~ '.-.--_.
")0
=>
=>
N
;0
-
--
=>
"
~
4
-0
:J
<n
<U
-0
o
l.J
c
,~
en
.g
U
-0
'"
'i:;
::J
-.
^
S
o
(J
O/l
c:
~
".,.
.:::>
:::>
N
EXH I BIT l._.~"___~~
P AGEJ..l.OF--'Lt:i
0..
~
n..".___..___"_...___
- v - ;;;
~ ~ ;>:: .;; 2;- c
~ "' '" ~ t "::i " "5
." ~ c. < ." .,.: ,~
::::: ~ ~ g ."
'"" ~ :>0 ~ ::> " "
:: ~ 5 -::J .0 .... ~
-:J .~I " ." u ." '" '"
u ;:: 'J ~ ;; 5 (; "'0..'
'" ~ v M G" __ ""J
:, .- Q:3: .~ 0.. :l !Jl ~ ~
'" J :> 2
v .- -::J "::i -::) ::J ,g :;; '5 :?:i ~
.- ,..
~ g 2! ~ .,; ::::: ~ c ,.. ~ ..c ~ .~ ..c
::J .... ....
;L <"'. ~ -3 v '" :2 -.: !::-
-or ~ .... :; C "'- ?:- ~ ,.. ..2
C/i .2 ;"3 :> '" 0. > -2:!
.., ":> ~
v " - " v ::; - ~ ') '3 ~ v :> '"
." -:r. " -'" " " - -0
'J ::: c; ." 'll '" ;'l
::s ." "" ~ - '"0 CI.
c:> ,; v ~. ;. .~ i! 5 " E ~
.~ ">f> .~ .0 ..c -:l
::: :, 2: .0 ~ ~ ~ :~ .- ::J
~ :> .3 0..
::: ~ ~ - .... ::s M
v ;! '- v '" L-
~ ." :;l -0 " ::J ;:: ::> " '" ::J
C ~ :; :;l .~ 0 a ..c ~ .- -
0 ,g ::: ;,; ~ 'a -0 -~
,.. ~ - E ;:: u
~ C N U
;; ..c .0 '" 0 c1 .~ E -;;; $
~ .., ~ ::> ... ,.. :> :0
- 'J " c.. Z e::: 0 >- 0.. c..2
:.a " 2;- ~~ 1: .- ::> ~ .;;;
,... v '" u 00-
'" -0 -0 -- '" .;;:
c '- u 0 ;:j -5 en
~ >0 ::; ~-> 0 '" U >0 - ...
" " ....
. E .;;; -::J e-:i ~ ::: ;0 c d -2 :5 00 '" C
L- V .~';\ .- a. '"
11 -::J "2 v
,. ~ u "- " ." ." ::> '" C E
a.-~ -:l ,.. " " -0 .- 00
0- ~ " " " 5 .0 .... U
. ~;.; ."
.- '" .... -::: '"" .... ::> 0 >-. U ::1 ~ >
f' ~';h'tt{~ ~ u :; .. c1 :; ;;; c: u 0 0
0 _ ::> CO u
'" Q... .... 0 ::>C c..::: ..:; .. U 0 at 0 z E
-oj
" "
'J ;::
c ..2
'"
?: ..
i:: "5
z
.-
...
.,-.....".
~ . .f~?f~~~~;
E 'll:: .?!'
~ ~.<c :'
~-s.....:t
5:~.~~.
.... ~ ~
2i=-
'.I ~
n'''' 711
1:
;:: ~ ~-~
... ==.?fJ _ :::l.,.
~ -~~~.
)0" <t
o
..z
"",'-::J
~~~
:!;) ;:)
;~;:l...
. - u
'~.:::l
:.:.,J....n
) .0, '::I
r. ~
- ~
~
2
.~
'"
>-.-
c1 '"
-0 ::
~ 2
- Q
~.~.- -..._--~-.._----~--------.
'"
'"
-0
o
U
c
-~
tIl
c
.9
U
;C;
'"
-;::
::I
.....
^
S
<5
u
Q/)
c::
~
.;: ~ ~
t~.~;o
o.-:j 50rn-:j
d~-C--"~
::1 C "2 5
s ~it5~
";:,-oCO~
r:g......15..
~
.....l
<-
. ........... W
~..
~
<:(
'J
U
'll
'J
~
o
"
~
"
c...
:;
.5
,..
~
'J
'"
c
o
uo::
~-<
("$U
..!!(J
Q... [/)
(;
'"
E
o
uo::
..<
~u
~u
Q...en
>-
-<
~
Cl
o
o
~
51
SEATTLE-KING COUNTY ASSOCIATION OF REAL1'ORS.
(!.,po SE J.1.'" STREET, SUfTE [00. BELLEVUE. WA 98005
I'H: (4.1.)1 <J74'IO({ . WA: SOO.)40.P77 . FAX: (4l)) 974.<OP
EM I\. ((.: RE.\LTOR@NWRE.\U.OR_COM
rn
WE6Sf-rE: WWW.NWRE.\LTOR.COM
flEAUOr(
EXHIBIT I
PAGE-1{OE !4.! ... ~
LANGUAGE FOR PROPOSED AMENDMENT
22-l599 (d) (2) w. Real estate signs.
I. Off-site. The number of off-site real estate signs shall be limited to LO per property per agent:
provided, however, that there shall be a minimum separation of 200 lineal feet between such
signs, except that signs may be placed less than 200 lineal feet apart when necessary to indicate a
turn or change in direction of travel. The area of such signs shall be no greater than six square
feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the
open house or other sales event and are permitted only between sunrise and sunset when the
seller or the agent are in attendance at the subject property.
2. On-site. The number of on-site real estate signs shall be limited to one per agent per street
frontage or public entrance if no street frontage exists. For dwelling units, the area of the Sigl'
shall be no greater than six square feet per sign face. For other uses and developments. the size
shall not exceed J2 squar~ feet per sign tace. All on-site real estate signs must be remov~d when
the sale closes. or in the case of a rental or lease. when the tenant takes possession.
3. Notwithstanding the provisions ofFWCC 22.-1600 ([4). 13-m. 13-V (Division I) and 13-VL
the off-site real estate signs allowed bv subsection I of this section, and the on-site d\.vdling uni~
real estate signs allowed bv section 2 of this s~ction, Olav be placed in the public right-of-wav.
provided however:
(i) thev shall comply with all other requirements ofFWCC 22-1955 (d) (2) (w),
(ii) they shall not be placed on (or attached to) trees. foliage, utility poles. re~ulatory signs.
directional signs. government signs or intormational signs
(iii) they shall not be placed in a manner that interferes \'vith vehicular. bicycle. wheelchair or
pedestrian travel.
(iv) they shall not be placed on street median strips.
( v) they shall be outs ide 0 f vehicular and bicycle lanes. and
(vi) they shall not block traffic views. driveways or curb cuts.
ExHIBIT
8
-
REALTOR. - is 3. tq;iscer~ m3.rk of the Nuion3.? ~rion of REALTORS'
SEATTLE-KING COUNTY ASSOCIATION OF REALTORS'
11.4-[0 SE j 1.NO STREET, SUITE 100, BELLEVUE. WA 98005
N{: (41.)") 971.(0[[ . WA: 800.540.P77 . FAX: (4!.51 974.{OP.
EMACL: REALTOR@NWRE.\LTOR.COM
WE6SCTE: W\x"W.NWREALTOR.COM
lB
IlEAlfOrl'
EXHIBIT I ~_<"",.. __
Prepared FO~~~i~i~a:;rFederal Way PAGE~OF--'t1:-
By The Seattle-King County Association of REAL TORS@
Regarding Off-Site Open House Signs
July 7, l008
Real Estate Signs:
Constitutional Issues and Legal Considerations
Freedom of Speech
Real Estate signs fall within the constitutionally guaranteed right of Freedom of Speech.
That guarantee is established in both the First Amendment to the United States Constitution, and
Article l. Section 5 of the Washington State Constitution.
The First Amendment provides in relevant part that:
It Congress shall make no law...abridging the freedom of speech... It
[t's interesting to note that the First Amendment's constitutional protection of Freedom o.fSpeech
applies to actions by the City regarding real estate signs because Speech is a Liberty Interest
protected by the 14th Amendment to the United States Constitution.
The Washington State Constitution provides in relevant part:
Article [ (Declaration of Rights), Section 5 (Freedom of Speech):
" Every person may freely speak. write and publish on all subjects. being responsible
for the abuse of that right"
. Although [am not a Washington lawyer. it's my impression that Article [, Section 29 of the
. Washington State Constitution makes the State constitutional guarantee of Freedom of Speech
"Mandatory." l suspect it is a mandate that applies to the City, at least in part, because the
existence of the City is only authorized pursuant to the provisions of Article Xl (of the same
Washington State Constitution under which the Freedom of Speech is guaranteed).
[n analyzing Freedom of Speech cases, the Washington State Supreme Court said in State v.
Lotze, 92 W2d 52 appeal dismissed 444 U.S. 921 (1979):
EXHIBIT C.
..
53
REALTOR' . u; a cegisteced mark of m.:: National As$Ociacioa of REALIDRS'
EXHIBIT
"A statutory restraint imposed upon a First Amendment FreedonRAGIii~OF ~
presumption against its constitutionality. Frcedrnan v [v{aryland. -'SO U.S. 51 (1965 l.u
(emphasis added)
,
-.
(n addition to the Federal First Amendment constitutional protections. thereiillpears to bc;,!
sufficIent basis under Stale v. Cum~'all 106 Wn.2d 5 -l { 1986 J lor \Va:ihington CQum (l~':.~~~dH~,-!!s:
even stronger State constitutional protections of the speech than is provided under kderal la\\.
Of particular relevance in this regard are the following Gunwall Factors:
· As can be seen by comparing the First Amendment with Section 5 of Article l, the textual
language (of the parallel provisions regarding Freedom o/Speech) in the Federal and State
Constitutions is different. Those difterences include a stronger aversion to prior restraint in
the Washington Constitution which articulates a clear and expressed preference for
post-publication remedies.
· The history of the development of the parallel provisions is also different. The Federal
Constitution appended Freedom of Speech protections in the First Amendment while the
. Washington State Constitution begins the very creation of constitutional government in
Article ( (under powers reserved to the states) with a Declaration of Mandatory Rights.
· There are structural differences between the Federal and State Constitutions. The Federal
Constitution grants government limited power authorizing it to exercise only those powers
that are constitutionally enumerated. On the other hand, the State Constitution imposes
limitations on the otherwise plenary power to do anything not expressly forbidden.
· Article l, Section 29 of the Washington Constitution appears to create a particular state
interest Section 29 makes clear that the Declarations of Rights in Article ( of the
Washington State Constitution are intended to create "Mandatory" protections guaranteeing
Freedom of Speech from abridgement by a municipal entity that depends for its very
existence upon the authorizations set forth in Article Xl of the Washington State
Constitution.
'Commercial Speech' (s Protected
Commercial speech is protected. There is no general First Amendment exception for
Commercial Speech. Commercial speech is "speech that proposes a commercial transaction."
Clearly, the temporary off-site open house signs that are currently permitted propose a
commercial transaction.
The United States Supreme Court has made it clear that commercial speech is protected under
the Federal Constitution. See: Virginia Bd of Pharmacy v. Virginia Citizens Consumer Council.
Inc.. 425 U.S. 748 (1976), Bigelow v. Virginia, 421 U.S. 809 (1975).
54
EXHIBIT' .~
{n Central Hudson Gas & Electric v. Pub/ic Serv Comm'n 447 US 557, 56 RAOO1..&2.0F ~
United State Supreme Court said:
"The First Amendment, as applied to the States through the Fourteenth Amendment,
prokcts commercial speech trom unwarranted cominercial regulation. Virginia
Pharmacy Board, 425 U.S. at 761-762. Commercial expression not only serves the
economic intere~t (If the speaker. but .also assists consumers and furthers the :>ocidal
interest in the fullest possible dissemination of information. In applying the First
Amendment to this area, we have rejected the 'highly paternalistic' view that government
has complete power to suppress or regulate commercial speech. ,(Pleopte will perceive
their own best interests ifonly they are well enough informed, and.uthe best means to
that end is to open the channels of communication, rather than to close them...' Id., at
770: see Unmark Associates. Inc. v. Willingbom, 431 U.S. 85,92 (1977)." (emphasis
added)
{nterestingly, the Unmark case involved an attempt by the City of Willingboro to limit the use of
on-site real estate signs.
There is no general First Amendment exception for Commercial Speech. Commercial Speech is
protected. TIle display of temporary Open House signs proposes a commercial transaction.
[ndeed, it is a commercial transaction for one of the true necessities of life: housing, a place to
live, protection from the elements, a family's home.
This Particular Commercial Speech Involves a Critical Public Policy: Housing
The measure of the true nature of the necessity of housing is reflected in the fact that every single
level of government has huge financial and policy commitments to housing:
· Federal Government
The Federal Government has a huge commitment to housing in the forms of Title VllI
of the Civil Rights Act of /968 as Amended by the Fair Housing Amendments Act of
/988. the Department of Housing and Urban Development, VA loan programs, FHA
loan programs, its support of housing with Community Development Block Grant
monies, its sanction of the Horne Loan Bank Board together with the 12 National
Home Loan Banks, and its facilitation of the 'secondary financial markets' (including
Fannie Mae, Ginny Mae and Freddie Mac) to ensure that financing is available for
housing, to name but a few.
· State Government
At the State level, the measure of the true nature of the necessity of housing is
reflected in the fact that the Growth Management Act (GMA) expressly includes
housing as an ent.imerated goal. It also requires a separate mandatory Housing
Element, not only in Countywide Planning Policies, but also in the comprehensive
plan of every municipality covered by the Act, including the City of Federal Way.
55
EXHIBIT-L
Moreover, the State has a. tlnancial commitment to housing by RAG6~E ~'U-.. ..,~.
Program, The State HouSlOg Trust Fund and the Washmgton Housmg Finance
Commission. [n addition, the State also has additional policy commitments to
housing as reflected in the work of the various State and Gubernatorial Commissions
whose sole focus is Housing [ssues.
· Local Govenuocnt
At the Local Level, the CountYWIde Planning Policies (as wdl as GMA) requires that
the comprehensive plan for the City of Federal Way must include a Housing Element.
Further, the provisions of the City's Housing Element must be consistent with both
tne Countywide Planning Policies and GMA. The City also has a specitlc, quantitled
housing target under Appendix 2 of the Countywide Planning Policies. and a
responsibility to plan to accommodate low and moderate income housing under
Appendix J and the Housing Policies of the Countywide Planning Policies.
Real Estate signs are commercial speech that is currently allowed, and which involves an
absolute necessity of life: Housing.
As explained in greater detail below, the free flow of commercial intormation about a proposed
transaction tor a necessity of lite as important and fundamental as Housing does much more than
simply promote intelligent market choice by consumers, and assist in reliable decision-making.
Fair Housing:
The off-site real estate directional signs in question here are also essential - absolutely and
critically essential - in the nation's ability to discharge the worthy spirit and mission oUhe
Federal Fair Housing mandates.
Title Vlllo.fthe Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of
/988 embodies the simple and morally correct position that our communities should be open to
all people.
In December of 1988, the Federal Trade Commission issued a report entitled The Residential
Real Estate Brokerage Industry. That FTC report, which has been cited with approval by the
United States Supreme Court (see: Ladue (1994) I. points out the important contribution of real
estate signs in opening communities to people in a way that is not discriminatory.
The basis for the FTC's conclusion is obvious: Real estate signs are not onl y an important,
inexpensive and effective means of marketing real estate, they are also discrimination proof.
A real estate sign invites any person - regardless of race, creed, color, sex or national origin _ to
locate and consider the purchase or rental of the property that is available if they can aftord it.
The real estate signs make it impossible for any real estate broker, landlord; owner or
organization to deny thatthe property is available, and. hence, make discrimination substantially
impossible.
56
The Nature of the Sellers' and REAL TORS@' Commercial Speech
{t tS \.\.'orth noting that this commercial real estate-related speech:
· ls not deceptive
· (s not misleadtng
· r:) not inaccurate or false
· {s not obscene or profane
· (s not libelous or slanderous
· (s not loud, raucous or noisy
· Is not aggressive
· {s not coercive
· . (s not likely to incite violence
· (5 not conduct
· DOeS not intimidate. and
· Does not advocate unlawful conduct
EXHIBIT'
PAGEI~_-OE ~-. ~
(nstead, it is a factually accurate message that helps a family to locate a home that is being
oftered t(lr sale.
Cities Carry The Burden of Proof To Justify A Reeulation of Speech
[n regulating the constitutionally protected commercial speech in real estate signs, a city has two
distinct and separate sets of burdens:
The first set of burdens involves the legality oUhe restrictions on commercial speech.
See: Central Hudson Gas & Electric v. Public Servo Comm'n 447 US 557, 56 I - 562 (1979).
City's have the entire burden to prove:
o That the regulation is content neutral
o That it directly advances a 'compelling state interest,' and
o That the proposed ordinance reaches no further than absolutely necessary to accomplish a
'compelling state interest'
The second set of burdens involves the legality of the time, place and manner restrictions on
commercial speech. See: Clark v. Community for Creative Nonviolence, 468 U.S. 288,293
(1984). A city has the entire burden to prove:
o That the Time, Place and Manner restrictions are "narrowly tailored"
o That the Time, Place and Manner restrictions advance a significant and compelling
governmental interest, and
.0 That the Time, Place and Manner restrictions leave open ample effective alternative
channels for communication of the information.
57
EXHIBIT , . ...~ ....~ ~'
\Ve will ofter just a few observations on three of the most immedia.tely r~AG!i~OF ~
theses standards:
(I) The lack of Effective Alternatives,
(2) The Necessity For the City To Prove a "Compelling State (nterest", and
(3) The Requirement that Any Nc\1.' City Regulations l'vh~st Reach No Further Than [s
.. Ab~oluldy Nt.:ccs:><uy"
l. Lack of Effective Alternatives
The available evidence demonstrates that the majority of buyers use the temporary open house
directional signs to find the house that is for sale. An on-site sign does not get them to the house.
Both the Federal Trade Commission, and the Supreme Court in the Ladue case, have eKpressed
their belief that the alternatives to real estate signage are ff...far from satisfactory." This is
critical for two reasons: (I) the lack of effective alternatives is a key element considered by
Courts. and (2) the lack of effective alternatives also makes it much more difficult for the City to
satisty its legal burden of proof when attempting to justify its regulations.
{n the Sixth Circuit case of Cleveland Area Board of Realtors v. The City o/Eucfid, the National
Institute of Municipal Law Officers, the Ohio Municipal League and the Ohio Municipal
Attorneys Association appeared Amici Curiae, The parties attempted to argue the availability of
sufficient "n~w technology" alternatives including cable TV, computer billboards and the
web/information superhighway. The Court was not persuaded by the argument. They lost.
Ncv.rspapers are not targeted, are more expensive. and are not as effective because the place from
which the message is delivered is far removed from the place where a sign would be located. (n
addition, unlike a sign, a newspaper cannot confirm for a reader (by the presence of the
newspaper at the intersection) that the Buyer has reached the point when the direction of travel
must change in order to progress towards the home that is for sale. .
The alternatives are more expensive, are riot as effective, are unevenly available (especially
among less affluent potential buyers), cannot be targeted as well, and are not as helpful for
buyers because they do not have the same functional utility.
2. Necessity For the City To Prove a "Compelline- State Interest"
The city faces a very high burden in connection with its responsibility to justify any additional
regulation of real estate signs. Any additional regulation (and any existing regulations) must be
supported by a "compelling state interest." Earlier in this White Paper we made reference to the
decisions of the United States Supreme Court in the Linmarkand Ladue cases.
Although the Ladue case involved on-site signs, ( would note that the 'state interest' alleged by.
the City of Ladue stated, in part, that real estate signs:
58
EXHIBIT I
.....create 'ugliness. visual blight, and clutter, tarnish the natural bR~G~~
well as residential and commercial architecture. impair property values, substantially
impinge upon the speciai privacy and ambience of the community and may cause safety
and traffic hazards to motorists, pedestrians and children:"
These reasons II/ere not sujjicient to keep the City of Ladue from losing the case three times.
3. Re~ulations Must Reach No further Than Absolutelv Necessarv
Though not proposed here by the City of Federal Way, it may be worth mentioning that we
believe requiring permits for Open House A-Board signs would violate the U.S. Supreme Court
standard articulated in the Clark case. Because a permit constitutes a form of prior restraint, any
city regulation will be granted no deference by the Courts. The City must justify any regulation
under the microscope of the "Strict Scrutiny" test.
Bad Public Policy
[n addition, requiring permits for Real Estate Temporary Open House Signs would be bad public
policy for several additional reasons:
(a) Administering the permit system tends to cost more than cities are able to recover.
[n King County, only one city (Lake Forest Park) recently had a permit system, and they
are unable to cover the cost of administering the program. The Council eliminated the
requirement. Kent used to have a permit requirement for Real Estate Open House Signs.
They too eliminated the permit program because it just didn't work very well. The
anticipated benefits weren't worth the problems it created. More recently, Auburn also
considered a registration requirement and likewise chose not to go there.
(b) [n addition, many of the most severe costs (such as disruption of other work city
staff is trying to get done) tend to be more onerous for the City than the financial
shortfalL
(c) The city isn't "open for business" to issue permits when many "open houses" get
scheduled (Friday evening for a Sunday afternoon open house). Given the reasons
families sell, the lack of access to permits when they are needed can be a real hardship on
families that need to sell quickly.
The City Can't Meet its Burden of Proof On Constitutional Issues
By Usin! A .. Bootstrappin!" Ar!ument That Relies on The Practices of Other Cities
[n attempting to meet its ex.clusive burden of proof, the City of Federal Way would not be able to
satisfy the constitutional standards of review with a Bootstrap Argument that attempts to justify.
adding new regulations because some other city has one on the books. (t would be a serious
59
EXHIBIT 1'7~'.. ..'_~
mistake tor any city to rely on a Bootstrap Argument that is groundedin~AGtttha1i0F ~
effort to restrict real estate signs with combined prohibitions on safe placement in the right-of-
\vay and He\-v enklrcement policy (amounting to a defacto ban on off-site signs) would be
constitutional if the City were relying upon the ordinance of a neighboring jurisdiction.
Any city's deknsc: of its sign ordinance \vill necessarily depend upon the strength or weakness of
rhe (utality oCthat cit}'~ O\\fl record. and not the un-litigated record ofanothcr city. There are no
ordlOances from neighboring jurisdictions with this City's record. There are no ordinances from
neighboring jurisdictions that have been defended successfully before an appellate court.
Both the State Supreme Court and federal trial and appellate courts have ruled in favor of more
commercial speech regarding off-premise signs, both in the Kitsap case, and in the Ballen case.
The Rieht to Reach \\Iillin!! Listeners (n a Public Forum
lmportantly, the combination of the City of Federal Way's prohibition on safely-placed off-site
real estate signs in the public right-of-way, together with the City's new enforcement policy,
etlectively operates as a detacto ban - a ban that effectively, and unconstitutionally, prohibits the
delivery and receipt of all communicative commercial speech between real estate buyers, sellers
and their respecti ve agents using otT-site real estate signs. [n addition to the problems created for
speakers, this also runs afoul of the right of speakers to reach willing listeners.
In evaluating Freedom of Speech cases, the courts do not forget the right of speakers to reach
willing listeners. As noted in footnote # I in the Policy White Paper we are submitting
contemporaneously with these observations on the law, an analysis of the right to reach willing
listeners in a public torum must begin with three observations:
First, sellers and REAL TORS@ currently have the legal right to put up temporary off-
premises open hOllse directional signs. Those off-site signs have traditionally played all
important role in the efficiency of our local real estate market, and in supporting the
Federal Fair Housing amendments to the Civil Rights Act.
Second, the Freedom olSpeech implies the right to reach willing listeners. The freedom
would mean nothing if the City could require all communication to be made in places
where nobody but the speaker was aware of the communication, or where the effect of
the regulations is so extreme as to eliminate all, or most alt, opportunities to place an off-
site real estate sign within the City.
Third,Washington's Constitution strongly favors remediation of violations rather than
prophylactic prior restraint on constitutionally protected commercial speech.
The right to communicate views to others on a street in an orderly and peaceable manner has
been recognized by the United States Supre~e Court io Hague v. C.1.O., 307 U.S. 496, 517
(1939). (0 Us. v. Grace, 461 U.S. 171, 177 (1982) the Court also said:
60
"(t is also true that 'public places' historically associated with the free exercise of
expressive activities such as streets, sidewalks and parks, are considered, \.vithout more,
to be 'public forums""
EXHIBIT L..____
PAGE..2.iOE-~'~'
(n fact, the streets and sidewalks have consistently been considered a public torum. (n Pen)'
Educ A.ss'n v Perry Local Educators' Ass'n, 460 U.S. 37, 45 (1982) the United States Supreme
Court said the streets are If ...quintessential public forums, the government may not prohibit
all communicative activity. It (emphasis added). See also: Burson v. Freeman. 504 U.S. 191
(1992); Boos v. Barry. 485 U.S. 312 (1988).
The Washington Supreme Court also considers these to be public tiHuClIS. (II the Collier
decision. Justice Guy, writing for the majority and relying upon Boos v. Barry. 485 U.S. J 12
( (988). held that:
"The parkirig strips in which Collier and his supporters placed his political signs lie
between the 'streets and sidewalks' and thus are part of the 'traditionaI"public torum.'
Because these places occupy a special position in terms of First Amendment protection.
the government's ability to restrict expressive activity is very limited. Boos v. Barry. 485
U.S. 312, 318, 99 L. Ed. 2d 333, L08 S. Ct. 1157 (1988)."
We note that in those situations when speakers have been denied this traditional public torum,
the cases have tended to involve speech and conduct unlike anything associated with the
REAL TORS@' placement of temporary open house signs; for example, cases involving
intimidation, aggression, physical contact and conduct blocking the sidewalk in front of an
abortion clinic.
Other cases, such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983). have involved
stringing signs over utility wires, and posting of signs on utility poles. The REAL TORS@ do not
advocate such conduct.
Thank you tor the opportunity to after these comments.
Sincerely.
SEA TILE-KCNO COUNTY ASSOC(A TlON OF REAL TORS@
,~ PUI.
Sam Pace, 10, MBA, ORt
Housing Specialist'
61
SEATTLE-KING COUNTY ASSOCIATION OF REALTORS'
{LPO Sf J 1..... STREET, SUITE IQO, BELLEVlfE, WA 9800)"
(,H:('l~)l97'l-!'J!!' \VA:3oo)4(l.i~;'i' F-\\: ('IL\I'r~(Oi' III
EMAIl: REALTOR@N..X.REALTOR.COM
WE6SU'E: \.('\~'w. "'WRf. -\ t.rOk co....,
'H ~Ur)fr
EXHIBIT '7~~... _ ..
A IVhile Paper PAGE~OF~
Prepared For The City of Federal \\la1 .
By The Seattle-King County Association of REAL TORS@
Regarding Off-Site Open House Signs
July 7, 2008
\Vhy Real Estate Off-Premises Open House A-Board Signs Are Critical
A family's home is not like stocks and bonds. Families don't wake up one morning. see that "the
market is up" and decide to sell the roof that is over their head. [nstead. it is usually a significant
change in a family's personal circumstances that prompts a sale.
What kinds of changes may prompt the purchase of a home, or the sale of a house')
A tamily is blessed by the birth of new children and needs a larger home. It may be a marriage.
Or d di vorce. There may have been a death in the family. [t might be a job promotion A job
transfer. Or it might be the result of getting laid-aft-at work. Often. the need to sell is
immediate. or even urgent.
Real Estate Signs Are C.-itically Impo..tant fo.' Sellers
Safdy-placed, portable:, off-premises A-Board Open House residential real estate directional
signs are critical for the families we serve who need to sell.
The evidence from the Puget Sound Region is clear: famllies who need to sell, but who do not
have effective access to these off-site signs, experience significantly longer marketing times For
example, the City of Mukilteo loosened its restrictions on real estate ofT-site Open House Signs
after it learned that the its restrictive policy had increased marketing times by 22% compared to
Evereu, even though the cities share a significant common border.
For a family trying to sell a home, the longer Time on Market can have signi ficant financial
consequences.[f a family must carry multiple mortgage payments (or more likely both a
mortgage payment and a rental payment) while they wait for their home to sell, it can be a real
and substantial financial hardship on the family. [[the financial hardship causes the family to be
unable to make multiple housing payments in a timely manner, the resulting blemishes on their
credit report may make it very difficult for them to qualify for a new home I~an. Alternatively, if
they tack the resources to even attempt to make multiple payments they may not be able to move
at all, despite what maybe an urgent need to do so.
REALTOR.'. is a cegiscaed mack of me Nacional AS62iuiOll ofREfXHl8IT
Q
--~.
-
EXHIBIT / . .
they lack the resources to even allemptto make multiple payments thE A9..~~~,E~
at all, despite what may be an urgent need to do so.
(t's worth remembering that real estate markets go up. and come down. When stronger markets
cool (which happens periodically, because markets are cyclical) the eftect of such differcnces in
the amount of time a home is on the marker become even more onerous.
Off-premises Open House directional signs are also important for Sellers who want to sell their
own property without aREAL TOR@. Candidly, there is a financial incentive for our industry to
support the elimination of all open housc signs in the right-of-way. Doing so would eliminate
the most effective marketing tool available to those families who want to sell For Sale Bv
OU'f/er, or FSBO (pronounced "tiZl-bow'. i.
How important are these signs for FSBO sellers? We suspect that they are at least as important
to FSfJO :idlers as they are to REAL TORS E>
The Real Estate [nsider Report indicated that 75% of their survey respondents (real
estate agents) identified signs as their most effective sales technique.
Restricting a FSBO's opportunity to use these signs to direct people to their home that is for sale
would be a significant step in the direction of giving REAL TORS@ a virtual monopoly on
selling homes. H would help to ensure sellers would have fewer, if any, effective alternatives to
engaging the services of aREAL TOR@. But market times would be longer for sellers, and
finding a home would be much more difficult for buyers_ As we explain below, it would also be
inconsistent with the objectives of the 1988 Federal Fair Housing Amendments to the Civil
Rights Act of 1968. REAL TORS@ might make more money, but that doesn't make it good
public policy.
We note that the city of Federal Way does not have an outright express ban on all off-premise
residential real estate open house signs. However, the combination of the City's ban on signs in
the right-of-wav (the legal status of which is highly suspect) and the City's recently revised
enforcement practices operate to create a defacto-ban on the potential for such off-site signage to
be effective in communicating constitutionally protected commercial speech, both because there
are few places such signage is now allowed, and where allowed it is often too far removed from
willing listeners to be effective.'
I In evaluating Freedom of Speech cases, the courts do not torget the right of speakers to reach willing listeners. Analysis of the
right to reach willing listeners in a public forum must ~gin with three observations: First, sellers and REAL TORS@ currently
have the legal right to put up temporary off-premises open house directional signs. Those off-site signs have traditionally played
an important role in the efficiency of our local real estate market, and in supporting the federal Fair Housing amendments to the
Civil Rights Act. Second, the Freedom afSpeech implies the right to reach willing listeners. The freedom would m<;an nothing
if the City could require all communication to be made in places where nobody but the speaker was aware of the communication,
or where the effect oftbe regulations is so ex:treme as to eliminate all, or most all, opportunities to place an off-site real estate
sign within the City. Third, Washington's Constitution strongly favors remediation ofviolations rather than prophylactic prior
restraint on constitutionally protected commercial speech.
The right to communicate views to others on a street in an orderly and peaceable manner has been recognized by the United
States$upremeCourt in Hague v_ c.I.a.. 307 U.S. 496. 517 (1939). (n Us. v. Grace, 461 U.S. 171: 177 (1982) the Court also
said: <<It is also true that 'pu.blicplaces' historically associated with the free exercise of expressive activities such as streets.
sidewalks and parks. are considered. without more.. to be 'public forums. ,<<
63
National research studies demonstrate that 42% of all buyers used signs in locating the home
they purchased. Even more important, ho\vever, 17% of all of the buyers found the home they
purchased using ONL Y the sigos.
EXHIBIT-L__
Real Estate Signs Are Also (ncreasingly (mportant fOPA6'E_1-1-.'.)F_.~
~~
Those are national figures. The: local dara is also compelling fohn L Scent Real Es~atc;, hIe.
(the second largest residential brokerage fino in Washington State and one of the largest firms in
the nation) engaged the services of Hebert Research (a well-known and highly regarded research
company located in Bellevue) to analyze the role of signs in the buying process. The Hebert
Company's research revealed the following:
In Western Washington, 50.5% of the buyers said that they found out about the open
houses they visited using the real estate signs (as opposed to using nell'spapers. their
agenc. brochures. weekly reports, rejerral by Fiends Or family, television, or other
means)
It may also be worth noting that respondents who "... were 46-50 years old were
significantly more like!v to have found out about open houses by seeing s(~ns when
driving around.."
A more extensive outline of legal issues supported by that research were supplied to the full City
Council last week, prior to the referral of this issue to the Council's Committee.
Bill Hurme of John L Scott's New Solutions Group summarized the results of research
conducted by the Company regarding t\VO new home communities that the firm represented. The
first is in Renton, and the second is i'n Bellevue (on Cougar Mountain).
In Renton, 57% .of the sales were to buyers who did not come to the site the first time with a real
estate agent accompanying them. (n Bellevue, where the new homes were priced between half
In fact. the streets and sidewalks have consistently been considered a public lorum. In Perry Educ. .4 n.n " Pern'Local
Educators. Ass'n, 460 US. :; 7. 45 (1982, the United Stales Supreme Cuurt said lhe srreer, are.... .quintessential ,Iublie forums, .
the I!:ovemment may not prohibit all communicative activity." See also: Burson v Freeman. 504 US, 191 (1992); Boos v.
Barry. 485 U.S. j 12 (1988). The Washington Supreme Court also considers these to be public forums. In the Collier decision.
Justice Guy. writing for the majority and relying upon Boos v. Barf}'. 485 U.S. J 11 (1988), held that:
"The parking strips in which Collier and his supporters placed his political signs (ie between the 'streets and sidewalks'
and thus are part of the 'traditional public forum.' Because these places occupy a special position in terms of First
Amendment protection. the government's ability to restrict expressive activity is very limited. Boos v. Barry. 485 U.S.
312, J18. 99 LEd. 2d J)J, 108 S. Ct. "57 (19.881."
More recently. when confronted with municipal limitations on commercial speech in the form of signs. both the Washington
Supreme Court (in the Kitsav. case) and both the Washington Federal District Court and 9th Circuit Court of Appeals (in the
Ballen case) have vindicated entitlements to moce commercial speech and signage, not less. In those situations when speakers
have been denied these traditional public forums. the cases have tended to involve speech and conduct unlike anything associated
with the REAL TORS'@ placement .of temporary open house signs: for example. cases involving intimidation. aggression.
physical contact and conduct blocking the sidewalk in front of an abortion diqic. Other cases, such as Cil}' Council v. Taxpayers
For Vincent, 466 U.S. 189 (1983) have involved stringing signs over utility wires, and posting of signs 00 utility poles. The
REAL TORS@ do not advocate such conduct.
64
EXHIBIT , _
and three-quarters of a million dollars, 83% were to buyers who did not cPmAG~F ~
time with a cooperating real estate agent accompanying them_
~---~
Based on his experience of more than 20 years selling new homes. Mr. Hume estimates that:
"__Jeu:er than halfof the customers who have outside agents or bli,ver's
agents come to the community the first time with their agent. In lact. it's
almost certainly under 30%_ "
Many buyers use the off-premises directional signs to search independently for a home, and then
contact aREAL TOR@ to represent them only after they have identified a property in which they
ar..: llltcrejlcO. The off-premis<= signs that direct them to the properties playa critical function in
this dynamic.
Finally, as it rdates to buyers, there is one other group that makes extensive use of the signs:
First Time Buyers_ Buying their first home is a big, big, step for many families_ This is
especially true when the average sales price in King County (for single family homes and
condominiums combined) that closed last month (June 2008) was $502,727 (Data for June 2008
released earlier today by the NWMLS).
These kinds of prices can scare the daylights out of First Time Buyers_ Not surprisingly, many
First Time Buyers prefer to tip-toe gently into the raging torrent of our current real estate market
By using the off-premise signs to locate homes that are for sale (and which may be tucked away
in a cul-d-sac or on a dead end road far from any arterial street), they can attempt to get a sense
of the market at their own pace, instead of being in the car with an agent
Real Estate Signage Plays a Critical Role in Fair Housing
Title Vlflofthe Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of
1988 embodies the'simple and morally correct position that our communities should be open to
all people.
[n December of 1988, the Federal Trade Commission issued a report entitled The Residenrial
Real Estate Brokerage [ndustry_ That FTC report, which has been cited with approval by the
United States Supreme Court (see: Ladue (1994)], points out the important contribution of real
estate signs in opening communities to people in a way that is not discriminatory.
The basis for the FTC's conclusion is obvious: Real estate signs are not only an important,
inexpensive and effective means of marketing real estate, they are also discrimination proof.
A real estate.sign invites any person.- regardless of race, creed, color, sex. or national origin _ to
locate and CQnsider the purchase or rental of the property that is available if they can afford it.
The real estate signs make it impossible for any.real estate broker, landlord, owner or
organization to deny that the property is available, and, hence, make discrimination substantially
impossible.
65
EXHIBIT I,
~ -c.' " _, , . ___
Safely-placed temporary Open House A-Board signs provide an importafi?AGIii~~F_~
about where, and hmv, to find the property that is available. As demonstrated above, and by the
materials submitted to the City Council last week) that proposition clearly born out by the
available data.
The City should restore the right of sellers and REAL TORS@ to make effective use oft""-site
Open House signs because doing so facilitates achievement of the objectives of the Federal Fair
Housing aeL
Consistency in Off-premises Real Estate Signage Regulations
[s Important For the Real Estate Industry
The majority (if not most) of cities in King County allo\v placement of temporary off-site Open
House A-Board directional signs in, or on the periphery of, the right-of-way with the following
kinds of restrictions:
· They may not be placed on (or attached to) trees
· They may not be placed on (or attached to) foliage
· They may not be placed on (or attached to) utility poles
· They may not be placed on (or attached to) regulatory signs
· They may not be placed on (or attached to) directional signs
· They may not be placed on (or attached to) informational signs
· They may not interfere with vehicular, bicycle, wheelchair or pedestrian travel
· They must be outside of vehicular lanes
· They must be outside of bicycle lanes
· They must not block traffic views
· They may not block driveways
· They may not block curb cuts
· They may only be in place between daviO and dusk, and must be picked up at the end
of each day
· They may not exceed six square feet per side in area, and 36 inches in height
· They may not be used unless the (real est!lte) agent or seller is physicaUy present at
the property that is for sale or rent.
These are all reasonable restrictions we can live with, and which the cities have a demonstrated
ability to live with. They strike a reasonable balance between the need of families to get the'ir
homes sold, or to find a new home, and the cities' need for public safety. It is an approach that
has worked pretty well. We recommend and support such an approach.
Additionally, we note that such an approach is consistent with FWCC 22-1956 which includes
the tollowing purposes of signage which have been acknowledged in ordinance by the city of
Federal Way:
o Recognize the visual communication needs of aU sectors of the community for
identification and advertising purposes
66
EXHIBIT .,__
o Protect the public health, safety, and welfare by regulating' the Place~~,G~~OF ~
installation, maintenance, size, and location of signs
- ..-
o Support and enhance the economic well-being oral! businesses within the city, and in
particular recognize the needs of all businesses to identify their premises and advertise
their products;
As an industry, we believe that in recommending and supporting such an approach, we have a
moral responsibility to try to meet cities at least halfway, and hopefully we can do even better
than that.
Part of our ability to do so means that our Association must recognize that we have an industry
with significant turnover. It's been said that:
About a third of the people licensed by the state are on their way into, or are recent
additions to, our industry; and
Approximately an additional one third are solidly established in the business; and
The remaining one third are on their way out of the industry_
This Rule of Thumb is probably not too far from the mark. The Multiple Listing Service
s.tatistics indicate that over time, members have averaged about .3 (note: that's point three)
transactions per month. (n other words, about one transaction every three months. Some will do
better, and some wiU not do that well. Recently, on average, it's probably been a bit less than
that.
The commission on that one transaction every three months is usually divided evenly between
the listing and selling brokerages. Typically, the agent receives one half of that apportioned
amount, or 25% of the total commission. With a typical commission on an averaged priced King
County home, the agent receives an average of about $2,513.64 per month.
That's before B&O taxes, E&O insurance, cell phone and pager expense, car expense, laptop
computers, PDAs, health insurance, mandatory continuing education expenses, MLS dues,
REAL TOR@ dues and personalized marketing expenses. '
Obviously, some are doing much better than average, but many are not doing that well and are
forced by economic necessity to move on. Real Estate is a very tough industry with high
turnover.
One of the ways real estate agents are forced to respond to these economic realities is to "cover
more ground" and be extremely flexible about how far they will travel for work As a result, in
the course of a single year an individual agent may work (list homes) in multiple jurisdictions
ranging from Marysvilte or Snohomish on the North, to Tacoma or Graham on the South. They
may also work between Snoqualmie on the East, and Federal Way or Normandy Park on the
West. Consistency in the sign code standards becomes very important in facilitating compliance.
with city sign codes.
67
EXHIBIT ,
On the issue ifsignagc, our Association tries to respond to these indus~~~~~9F ~
ways:
First. we ask citics to adopt and retain more consistent standards regarding the right-of-
\vay :>0 that new agents (or agents working outside the city in which their office is
locatedt don't have a significantly different set of sign code standards in cach of the more
than 40 jurisdictIOns in the region in which our members work. This is especially
important considering that in King County alone there are now at 39 incorporated cities.
(n fact, we believe the only county in the nation with more local government jurisdictions
is Cook Counry (Chicago), (((inois.
Along w'ith this White Paper we are providing the City with a document titled
"LANGUAGE FOR PROPOSED AMENDMENT" that we believe would address the
problems with the City's current approach to real estate signage, and do so in an
appropriate, balanced and constitutional way.
Second, we believe we have a responsibility to educate our members about the issues
of signage. We take that responsibility very seriously. Examples of the kinds of efforts
we make include:
· Major lead articles in our industry newspaper, NW REporter, on safe sign
placement. and new legal developments,
· Articles on specific sign code requirements,
· "Broker Updates" stressing legal sign placement, safety for vehicular and
pedestrian traffic, and timely removal of open house signs;
· Targeted e-mail updates to our 8,000+ members.
We can target faxes to specific problem areas; and
· Distribution of information provided to our Association by City Code Compliance
Officers.
Third, we ha ve established a nelN program to use peer pressure in concert, and in
cooperation. \\ith city code compliance officers. And we've added staff that help to
ensure it work:> well.
Cities can levy a fine, pick up a sign, or otherwise hold folks accountable if a problem is
created. But candidly, we can offer an additional (and sometimes even more effective)
"hammer" to the compliance "tool kit" available to your City's code compliance officers
if they desire to make use of it We have the systems in place to be ofassistaoce.
(0 addition to any other appropriate City action, if a code compliance officer observes a
violation, the City's compliance officer can contact our Association's Public Affairs
Department. This is usually accomplished by calling or faxing David Crowell, the
Director of Government and Public Affairs. Phone: (425) 974-1011. Fax.: (425) 973-
1032.
68
EXHIBIT I
Upon receipt of the information, David Crowell faxes a rather RAQEst 1'~--'tL
to the oftending agent's broker (the agent's boss) on Association letterhead, outlining the .
specifics of the situation and teHing them their agent is creating a problem for the rest of
the industry by engaging in sharp practices.
David also includes either a summary, or the actual text, of the city's relevant sign code
provisIOns On behalf of the Association. we ask them to clean up their act, and
immediately correct the problem. The code compliance oftlcer also receives a copy of
the letter so that he or she knows we have tollowed up quickly with the agent's Broker.
That's not the kind of paperwork Brokers like to see coming across their desk. They don't
appreciate an agent causing those kinds of problelllS_ Brokers tend to respond co such
information by "aggressively rolling the stone downhill, .. so to speak. By including a
copy of the sign code provisions with David's letter, we also create the opportunity for
the broker to have a "kachable moment" with the agent about the requirements of the
sign code. (Having the entire real estate-related sign code provisions in a single section of
the City's sign code is especially helpful in this regard, even though that may make the
sign code appear to be longer).
Our use of peer pressure is an approach that works, not only because the self policing is
effective, but also because it provides the code compliance officers with an additional
option to deal with any problems efficiently. We respect the fact that a code compliance
officer's time is an asset, just like cash. (n fact, the City pays for it with cash. Working
together we can help to make their job easier and free up that resource for other kinds of
city code compliance issues. David Crowell of the Association's staff can provide a
sample of the kind of form we've put together for those code compliance officers who
want to make use of this additional tool, as well as sample letters we've prepared to get
the Broker's attention, and ring the agent's bell.
We appreciate the opportunity to work with the City (both in addressing the new problems with
the City's approach to its sign code, and in offering specific language to address those problems
as they relate to real estate signs under FWCC) and to offer our assistance with our self-policing
peer pressure program should the City desire to make llse of it.
Thank you (or the opportunity to offer these comments.
S incerel y,
SEA TILE-KfNG COUNTY ASSOC(A T(ON OF REAL TORS@
~ Pk;t
Sam Pace, 10, MBA, GR(
Housing Specialist
69
SEATTLE-KlNG COUNTY ASSOClAT10N Of REALTO RS'
(1.1(0 SE J t"'O STREET, SUITE (00. BEU.EVUE, WA 98005
NI: (41.)) 974.(0(( . WA: 800')40.11.77 " fAX: (41.5) 974.(OP
EMAH.: REAI.TOR@N\lC'R€AI.TOR.CO;l.'(
\VEliSITE: WWW.NWR€.~I.TOICCOM
rn
RE ALTOI!"
Testimony of Sam Pace
Housing Specialist
Seattle-King County Association of REAlTORS@
EXHIBIT I ___
PAGE-110F~
.'''1
--.--
A. Uniqueness of the Good Being Advertised by Real Estate Signs
1. The location of the good (i.e., pr'opel'ty) for sale is differ'cnt with each sale.
2. Unlike signs advertising businesses or most goods and services, real estate
signs are inherently temporary.
B. Necessity of Real Estate Signs to the Home-Buying Pr'ocess
1. Real estate signs are essential to finding a home.
a, The most common method (35.1 %) of searching for a home before
meeting an agent is driving around neighborhoods. HEBERT
RESEARCH. INC. JOHN L SCOTT BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMAR '(): at 7 (Jan. 200 I).
b. Over half of buyel's find the home they eventually purchase
themselves. Of these, 43.9% find the home by driving around.
HEBERT RESEARCH. INC, JOHN L SCOTT BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMARY). at 13 (Jan. 200 I); see also HEBERT RESEARCH.
INC, JOHN L SCOTT, at 19 (Feb. 2003) (where buyer, rather than agent or
third party, finds home, it is by driving around neighborhoods 39% of the
time ).
c. The most common activity of prospective buyers - both before and
after meeting and agent - is driving around neighborhoods (76% of
respondents). HEBERT RESEARCH. INC, JOHN L. SCOTT. at 22, 23 (Feb.
2003 ).
70 EXHIBIT
REALTOR. - is a. regisreced ma.d: of me Na.ciona.l I\ssocU.rion of REALTORS"
~
J . .
EXHIBIT- . .
Real estate signs al'e essential to finding open houses. P AGE-DOF ~
2.
3. The most common method of finding information about open houses
is driving around neighborhoods (58%). HEBERT RESEARCH, (NC..
JOHN L. Scon. at 29 (Feb :!OO3)
J. Real estate signs aloe essential to finding a buyers' agent-
a. for Sale signs are the third most common method of finding a buyer's
agent. HEBERT RESEARCH. {NC., JOHN L. SCOTT BUYERS .\ND SELLERS
RESEARCH (EXECUTIVE SUMMARY). at 9 (Jan. 200 I); see also HEBERT
RESEARCH. (NC.. JOHN L. Scon. at II (Feb. 2003).
C. Necessity of Real Estate Signs to the! Home-Selling Process
l. Aftee the l\lultiple Listing Sen'icc, For Sale signs ar-e considered the most
effective method of advertising a house. HEBERT RESEARCH, (NC.. JOHN L.
SCOTT, at 60 (Feb. 2003).
2. for Sale signs are the third most common method of finding a seller's agent.
HEBERT RESEARCH, (NC., JOHN L SCOTT, at 12 (Feb, 2003).
O. Inadequacy of Alternate Means of Communicating Home Sales
L Case law recognizes that other means of communicating housing sales -.,..- e.g.,
newspaper advertisements, listing with agents - are not adequate because
they involve higher costs and reduced autonomy. Linmark Associates. {nc. v
Township ofWillingboro, 431 U.S. 85,93 (1977); Cleveland Area Board of
Realtors v. Cityo/Euclid, 88 F,3d 382,388-89 (6th eif. 1996); Eastern Berg~n
County Board o/Realtors. inc. v. Borough o/Fort Lee, 720 F. Supp. 51,54
(o.N.J. (989).
2. (nternet advertising is not a substitute tOt' real estate signs.
a. After the Multiple Listing Service (MLS), having a sign in front of
your home is considered the most effective method of advertising; the
Internet is the third most effective method after the MLS. HEBERT
RESEARCH, lNC., JOHN L SCOTT, at 60 (Feb. 2003).
b. Driving around neighborhoods is the most common search method
prior tom.eeting an agent; the Internet is the second most common
methOd. HEBERT RESEARCH, INC., JOHN L. Scan BUYERS AND SELLERS
RESEARCH (EXECUTIVE SUMMARY), at 7 (Jan, 200 l).
c. Of buyers who find their home themselves, 43.9% find it by driving
around neighborhoods; 22.2% find it on the Internet. HEBERT
REsEARCH, INC., JOHN L. Scott BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMARY), at 13 (Jan. 200l).
71
d.
EXHIBIT '..,._ .._ ~.
The most common method of finding infonnatiJ? AG~~Q F ~
is driving around neighborhoods; the Internet is the third most
common method. ~'{EBER.r RESEARCH. {Ne., JOHN L. SCOTT. at 29 (Fcb
2003 ).
e.
For Sale signs are the third most common method of finding a huycr"s
agent; the Internet is the eighth most common method. HEBERT
RESEARCH. [NC, JOHN L. SCOTT BUYERS ,\ND SELLERS RESEARCH
(EXEcunVE SUMMARY), at 9 (Jan. 200 l): see also HEBERT RESEARCH,
[NC. JOHN L. SCOTT, at l { (Feb. 2003) (third most common versus sixth
most common).
f.
For Sale signs are the third most common method of finding a seller's
agent; the (nternet is the ninth most common method. HEBERT
RESH.RCIl. {Ne. JOHN L. SCOrf, a( 12 (fGb. 2003).
E. Importance of Real Estate Signs in Guaranteeing Equal Access to Housing
L Real estate signs help prevent steering, Le., showing a listing only to certain
racial, social, or economic groups. See Greater Baltimore Board of Realtors l-"
Hughes, 596 F. Supp. 906. 923 (D. Md. (984).
2. Real estate signs help prevent "panic selling." See Unmark Associates. fnc. v
Township ofWillingboro. 43 I U.S. 85,96 n.1O (1977): City o/Chicago v Prus,
453 N.E. 2d 776.789 (UI. App. Ct. (983).
3. Real estate signs convey accurate infonnation r'egarding matters of gr'cat
importance to families and the.greater community. See Unmark Associates
Inc. v. Township o/Willingboro. 431 U.S. 85, 96 (1977): Greater Baltimore
Board o/Realtors v. Hughes, 596 F. Supp. 906,925 (D. Md. (984).
F. Reduced Aesthetic and Safety Concerns with Real Estate Signs
L On-site real estate signs are self-policed by the resident, alleviating aesthetic
and safety concerns common to other types of signs. See City 0/ Ladue v.
Gilleo, 5[2 U.S. 43, 58 ([994).
2. On- and off-site signs are policed by SKCAR and other REAL TOR@
associations, alleviating aesthetic and safety concerns common to other types
of signs.
a. Through articles and broker updates, SKCAR and other
REAL TOR@ associations routinely educate member agents and
brokers about municipal code compliance and signage safety
concerns. Examples of such publications, e.g., Real Estate Signs:
72
EXHIBIT I .._ . :...
Practice "Safe" Placement, SEATTLE-KrNG CO(JNTPA~~$OF ~
REAL TOR@, Sept./Oct. 1994, at I.
b. SKCAR's Public Affair-s Oepa.rtment routinely wo.'ks in concert with
municipal code compliance officers to inform member agents of non-
compliance and to con-ect or remove non-compliant signs.
G_ Heightened Protection fo.' On-Site Real Estate Signs
L On-site real estate signs enjoy heightened pr-otection because they involve
speech from the home. See City of Ladue v. GllIeo, 5 12 U.s. 43. 58 (1994);
County Republican Comm. v. Arlington Count~'. 790 F. Supp. 618,627 n.7 (E.O.
Va. (992), rev'd and vacated in part on other grounds. 983 F.2d 587 (4th Cir.
1993 ).
Thank you for the opportunity to offer these continents.
SEA TTLE-K[NG COUNTY ASSOCfA nON OF REAL TO RS'g)
~p~
Sam Pace, JO, MBA, GRI
Housing Specialist
Seattle-King County Association of REAL TORS@
29839 - 154th Ave SE
Kent, W A 98042-4557
sam pace(likoncen trk. net
Direct: (253)630-5541
Fax: (253) 630-5542
Cell: (253) 569-2663
73
June 25, 2008.
ee:05lUl(!~
em
· ~ , AcM~
~~~~~OF~ /
fAJJJLffW .
.(eM "U~p~ 10 .(J.~
n'110 Slf/~l:J Aid
To: The City Council,
City of Federal Way,
Washington.
I,m llOOZ 5 l Nor r a.n
(yt 3J & , 3J j) 3J (gjl
t~ -10 f:J{sfYltx-J.e. -AM
/nore_ //'lfJ .fr etItt.r.-l -1AJt:f/.-{ 5
rf ~ ~ - t},~--rrt b-zk.
Re: City Council Meeting July 1, 2008, City Hall, 7:00 p.m. \~ CLIYl.eI.I(
- ;!9fr j
From: Marylyn Gates, ABS, Realtor,
Windermere Real Estate South, Inc.
Federal Way,
. Washington.
Dear Council Members,
On behalf of the hard working Real Estate Agents in the City
of Federal Way, I would like to put forward a proposal to
amend the Sign Code Ordinance as it relates to Real Estate
Open House Signs and Directional Arrows.
Instead of the requirement to plac~ signs beyond all utility
easements, the code should be altered to read; that a time limit
of 4 hours on weekends or weekdays, with the exception of new
construction developments of 3 or more homes. They should be
limited to 6 hours a day. Obviously none of the signs should
cause an obstruction. I am curious how the City defines the
"human" signs who stand on street corners waving all kinds of
signs - business advertising, open houses and political? They
definitely cause obstructions.
I would suggest that the current code requiring a detailed
knowledge of every street in Federal Way's utility easement
location is unreasonable. Especially when its ad~erence would
necessitate placement in obscured or concealed locations,
which of course obviates the reason for their use. . Over the
74
EXHIBIT
F
~
I ~~
~X~~IT O~~
past 4/5 years the public has had to put up w/M ver~e of
this signage because homes were selling with such alacrity that
. open houses for brokers or the public were unnecessary. In the
past 6-12 fuonths all this has changed. The inventory has
increased 4 fold (see attached graph) and the sales have
plummeted. This trend seems to have coincided with a Council
directive to strictly enforce sign compliance. I am sure this
order came from the sincerest of motives and was intended to
stop the proliferation of signs affixed to utility poles, many of
which were advertising many of the sharp practices that are
currently the bane of our industry. I 'would like to think that
the City would work with us to help its residents sell their
homes thus increasing its revenue through the excise tax. This
is potentially far more lucrative than charging hapless Real
Estate Agents $5 per piece to redeem their signs!
Agents have had to revamp their promotional techniques and
are collaborating with each other to hold joint open houses in a
given area. This conICS with the hope that it \\-rill encourage
more potential Buyers and/or' Agents to view the inventory,
particularly if they can see several homes in close proximity.
With this comes the proliferation of signs, but it is rarely for
more than 2-2.5 hours at weekday lunchtimes for
Broker/Agents and a maximum of 4 hours for the general
public on weekends, with the exception of new construction
locations who often man their sites for longer periods. You
might want to contact representatives of the latter for their
view of what is equitable.
[f the current enforcement persists we will have to advise our
Sellers that it will be of little use to hold Open Houses of any
kind because we cannot direct people to their homes. I would
just ask you to imagine how you would feel if you were trying
to sell your home in these challenging times.
j
75
EXHIBIT , d~'. . _.:
A I C. ki d I?A~E .,.a0F~
s t Ie Ity, at my request, was r n enough to cnangeffieS'ign
Code a couple of years ago when the workability of the existing
restrictions was questioned, [ have no doubt that it will again.
However, we do not have the 18 months to 2 years it took on
that occasion if both the City and Real Estate Professionals are
to appropriately serve the residents. So, while we go through
the necessary steps, I would ask the Council to direct the
Compliance Department to show some considerate discretion
concerning O'pen House signs and directional arrows. If
necessary, incorporate the "hours" limitations for Open House
signs, ensuring of course that they do not block walkways, and
allowing freestanding dir:ectional arrows within the casements
if that is the only visible area.
To finish, all this was precipitated by a complete abduction of
all signs from 3 different agencies that were collaboration on
lunchtime Open House Tour for Agents lasting only 2 hours on
June 18,2008. The irony is that on June 19th, my Windermere
Office engaged in our annual Community Service Day. For the
second year in a row we worked on the overgrown area in Steel
Lake Park, near the skateboard facility, which had become
notorious for criminal activities.
I thank you for the opportunity to present this proposal.
Sincerely,
:/~
~4U;
76
Facts and Trends™
0-
WRlcJernlere
Published Jun. 2006'
EXHIBIT '~,_n... ~ ~:
P AGE J.tIf:O L_!l-!--
Prepared for you by: Marylyn Gates
Location: ZIP 98003 , ZIP 98023
Months of Inventory Based on Closed Sales
Price Range: $0 - No Limit
SQFT Range: 0 - No limit
Single Family Homes - AU Property Statuses - All Properties
. Based on Closed Sales
14
13.1
12
>-
0::
0 10
J-
Z
W
> 8
Z
l1..
0 6
(f)
I
I-
Z 4
0
:E
2
0
3/07 4107 5/07 6/07 7107 8107 9/07 10107 11/0712107 1103 2/08 3108 4108 5/08
copyright @ TreMgr<lphix.loc.
-------
"llUI (epocts Me ~ Jun. 2006. ba-sed on 4ar:.. "".M..Itlk: .tt the: ~ of....Jf 20tM
(hl~ (ep(~~..a.ontS; ta.a~.n """"~ M in_~artonddt.. ~ byCheNWMLS. Nel:&herll\e 8o.vd ocds MLS guar..c~ Of IS ~ -Iny' wav~sble _its .wcuracy. Oat:.iII m..J.ota~b'( (he 00..(::1 ~.:;
MLS may not rellect....-eat S'3lCe actMly... u.e mdl1\d... -R.~ t'-elkcls Ktw~ or .... tlfQi(er.;; ~ tR I:ho! fiLS
THIS CHART SHOWS THE NUMBER OF MONTHS IT WOULD TAKE TO SELL THE
CURRENT INVENTORY COMPAREO"WITH MARCH, 07. i.e. 3.4 Mouths compared
to 12.8 months currently.
77
YltHoot M1!s~
Federal Way Signs
From: .Sam Pace. <sampdce@concentric.net>
To: mjgatesre@Ydhoo.com
EXHIBIT I
PAGE]Jrtj~
...
In evaluating Freedom of Speech cases, th~ courts do not forget the right of speakers to reach willing listeners.
Analysis of the tight to reach willing listeners in a public forum must begin with three observations:
First, sellers and REAL TORS@ currently have the right to put up temporary off-premises open house directional
signs.
Second, the Freedom of Speech impfies the right to reach willing listeners. The freedom would mean nothing if
the City could require all communication to be made in places that made it very difficult for the speaker was
aware of the communication.
Third, Washington's Constitution strongly favors remediation of violations rather than prophylactic prior restraint
on constitutionally protected commercial speech.
The right to communicate views to others on a street in an orderly and peaceable manner has been recognized by the
United States Supreme Court in Hague v. C"-O., 307 U.S. 496, 517 (1939). In US. v. Grace, 461 U.S. 171, 177 (1982)
the Court also said:
"It is also true that 'public places' historically associated with the free exercise of expressive activities such as
streets, sidewalks and parks, are considered, without more, to be 'public forums:"
In fact, the streets and sidewalks have consistently been considered a public forum. In Perry Educ. Ass'n v. Perry Local
Educators' Ass'n, 460 U.S. 37, 45 (1982) the United States Supreme Court said the streets are "...Quintessential
public forums, the government may not grohibit aU communicative activity." See also: Burson v. Freeman, 504
US 191 (1992); Boos v. Barry, 485 US. 312 (1988)
The Washington Supreme Court also considers these to be public forums. In the Collier decision, Justice Guy, writing
for the majority and relying upon Boos v. Barry. 485 U.S 312 (1988), held that:
'The parking strips in which Collier and his supporters placed his political signs lie between the 'streets and
sidewalks' and thus are part of the 'traditional public forum.' Because these places occupy a special position in
terms of First Amendment protection, the government's ability to restrict expressive activity is very limited. Boos
v. Barry, 485 U.S 312,318.99 L. Ed. 2d 333, 108 S. Ct 1157 (1988)."
More recently, when confronted with municipal limitations on commercial speech in the form of signs, both the
Nashington Supreme Court (in the Kitsap' case) and both the Washington Federal District Court and 9th Circuit Court of
I\ppeals (in the llallen case) have vindicated entitlements to more commercial speech and signage, not less.
n those situations when speakers have been denied these traditional public forums, the cases have tended to involve
;peech and conduct unlike anything associated with the REAL TORS'@) placement of temporary open house signs; for
!xample, cases involving intimidation, aggression, physical contact and conduct blocking the sidewalk in front of an
!bortion clinic. Other cases, such as City Counci/ v. Taxpayers For Vincent, 466 U.S. 789 (1983thave involved
.tringing signs over utility wires, and posting of signs on utility poles. The REAL TORS@ do not advocate sucll conduct
r:<~-~?'''i:;"r.<<;'''''~-''~~~''Y'''''''''_''';;~~~~''''''''~<''__'_~-=''''''';..,r'~' '~;';""'*'-'~""",","~~.,.?~."K""~'/'':.'o"c~_Hi.:;'';''_'<~~'''"'''''''''''~''h~~jo,.~'..'-'<y.,-,-;'-s,...,;.".-,.....,;o. ;.,~-~..t,""~'-r.:"_"'*;~"''''''''''''''~',;''-'I:,,~,'''C'''''i_'.',~':;AA~~"::,-"'.-.:>~~~~S~~\ L- ....'~11t ~ 'FlU
78
THE PROCESS FOR RETRIEVING SIGNS FROM THE CITY
As experienced by Maureen Donhauser of Windermere West
Campus.
Go to City Hall. EXHIBIT I . n..._......-_....
Fill out a form describing sign(s). P AGE~OE ~--L-
Wait for a City Staff person to call you.
Despite the aforementioned form, you will be asked to
describe the sign(s) you are looking for.
Make an appointment to pick up the sign(s).
Return to City Hall at the appointed time, fill out another
form.
Pay the Clerk $5 per sign and wait for a receipt.
You will be given a printed sheet on the Sign Code to
read. However, if you have a question on the Code the
Clerk will tell you that you have to leave, call in and make
an appointment to come back in to have any questions
answered.
If you didn't realize immediately that the City took your"
sign, you have only 2 weeks before they destroy the sign
without any notification - despite the fact that your name,
the company's name and your telephone number are on
the sign!
[n our office you have to order a minimum of 6 signs at a
cost of $200!
9.
10.
1.
2.
3.
4.
5.
6.
7.
8.
79
~-
CITVOf ~
Federal Way
EXHIBIT B
EXHIBIT ,
PAGE-ffiF~
.."
2008 PLANNING COMMISSION WORK PROGRAM
A. ITEMS TO 8E CARRlED OVER INTO 2008
I. Significant Trees. Vegetation Retention. Cleanng and Grading - This involves a review of and
amendment to the current City of Federal Way zoning and subdivision code requirements related
to the preservation of sign it Ie ant trees, vegetation retention. and site grading.
2. South 356'" Subarea Plan - This is a study to dete~ine whether the Single-family Residential
(RS) 15.0 designated parcels located south ofSW 356lh Street and west of I ,t Avenue South
should be considered for higher density
B. New CODE AMENDMENTS
I. Amendment to increase building heIght m the City Center-Core (CC-C) and City Center-frame
(CC-F). These amendments may be expandcd to also address increased building heIght in the
Community Busincss (BC) and Neighborhood Busmess (BN) zones dependmg 011 the scope of
technical and environmental analysis necded.
2. Amendment related to the 120-foot maximum fa~ade length requirement of the Community Design
Guidelines. As buildings become taller, there IS a need for them to be longer and wider m order to
retain appropriate bulk and scale.
J. Amendment to consider reducing how open space requirements are met III the CC-C and CC-f
zones. The present open space requirement for residential development precludes efficient use of a
site. This has become evident with the recent Symphony development.
4. Amendment to delete the maximum allowable density for senior housing in the BC zone. There is
no maximum density requirement in other commercial zones (CC-C and CC-F) wlllch allow senior
housing. In addition, other development standards such as maximum height, and required parking,
landscaping, and water detention requirements are sufficient to cap density.
5. Amendment to FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning," to incorporate Low
{mpact Development (LID) techniques. The City has recently received technical assistance from
the Puget Sound Partnership, which witt be in the form of reviewing our codes and proposing code
amendments to implement LID techniques.
Land Useffransportation Committee (L{ffC) Staff Report
Exhibit 8,.2008 Planning Commission and Long Range Planning Work Program
Meeting Date: December 11, 2001
Page 1 ofl
81
EXHlBtT
~
.~.
EXHI8IT___~l~_"._ __
6. Amendment to allow home occupation day cares in an eXIsting noncoRAG (;id~ F ~
dwelling in commercial zones. This amendment is required to comply with state la~~
examine the home occupation provisions for clarity and applicability in more unique situations.
such as Adult Family Homes.
7. Amendment to allow the Director of Community Development Services the Hexibillty to
determine the allowable hours of construction on a case-by-case basis. Presently. work is not
allowed under any circumstance from 8 p.m. to 9 a.m. on Sundays and holidays. There is
sometimes a reason to grant permission to work at these times; for example. the Department of
Transportation may need to engage in construction around the clock.
8. Amendment to adopt regulations allowing storage containers in non-residential and/or residential
zones. The code is silent on allowing this use and there has been inquires about the use of
containers, more commonly on conunercial property and to a lesser extent on residential property.
9. Amendment related to allowing churches in all zones. Currently, churches are allowed in all
residential zones and the BC. CC-C. and CC-F zones, but not in the BN. Professional Office (PO),
Commercial Enterprise (CE). or Office Park (OP) zones.
10. Amendment to FWCC Chapter 22, Article XVUl, "Signs," to allow otf site signs, such as banners.
in order to better publicize major events in OUr city, such as the Federal Way Symphony concerts:
Festival Days events; Red, White and Blue Festival: Centerstage plays; Han Woo Ri; etc.
(:\2008 Planning Commission Wad: Program\City Council\Exbibil B LUTC Recommendation.doc
Land UselTransportation COnunittee (UJfC) Staff Repoa
Exhibit B, 2008 Planning Commi$sion and Long'Range Planning Work Program
Meeting Date: December I 7. 2007
Page 2 of 2
82
September 3,2008
7:00 p.m.
City of Federal Way
PLANNING COMMISSION
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROV AL OF MINUTES
Aprit23, 2008, and June 18,2008
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
. PUBLIC HEARING
Portable Signs Code Amendment
7. ADDITIONAL BUSINESS
8. AUDIENCE COMMENT
9. ADJOURN
EXr-i I b i~~
PAGE
2.
~
-.~
-.
City Hall
Council Chambers
Commissioners
Merle Pftifer. Chair
William Drake
Wayne Carlson
Sarady Long
Tim 0 'Neil (r Alternate)
Hope Elder, Vice-Chair
Lawson Bronson
Tom Medhurst
Kevin King (I" Alternate)
K:IPlanning Commissionl2OO8\Agenda 09-03-08.doc
83
City Staff
Greg Fewins. CDS Director
Margaret Clark. Senior Planner
E. Tina Piety. Administrative Assistant
253-835-260/
www.cityofJederah'iill-:S2m
~
CITY OF , ~
Federal Way
EXHIBIT
PAGE_2.
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way City Code (FWCC)
Chapter 22, Article XVIII, "Signs"
File No. 08-103762-UP
Planning Commission Meeting of September 3, 2008
I. BACKGROUND
On August 5,2008, the City. Council gave staff direction to prepare a code amendment to allow
portable signs in the right-of-way.
II. DISCUSSION
. Pursuant to Federal Way City Code (FWCC) Section 22-1599, portable signs are presently prohibited
in the public right-of-way. This code amendment would allow for portable signs while protecting
public infrastructure and property and promoting traffic and traveler safety.
The draft code amendment is enclosed as Exhibit A. Language proposed to be deleted is shown as
strikeout and proposed new language is shown as underline. Signs would be allowed in the. right-of-
way based on the following conditions:
I. Signs may not be affixed to the ground, by stakes or other means, nor attached to objects,
such as stop signs or utility poles.
2. No more than two signs are allowed per person, event, or business.
3. Signs may not exceed six square feet per sign face.
4. Signs may not exceed 36 inches in height.
5. Signs are only allowed between the hours of 10:00 a.m. and 3:00 p.m. and must be
removed every day.
6. Signs shall not be located on the travelled portion of a roadway, in parking lanes, on
sidewalks, in bicycle lanes, or placed in a manner that interferes with vehicle, bicycle,
wheelchair, or pedestrian travel or views.
7. Signs shall not be located in street medians or in street side planter strips.
84
2.
...........
5
.,.;;....
...,--.....,.....~
fiI. STAFF RECOMMENDATION
EXHIBIT _ ~
PAGEJ.JE S
....,
Staff recommends that the code amendment as outlined in Section II above and enclosed as Exhibit A
be recommended for approval to the City Council.
IV. REASON FOR PLANNING COMMISSION ACTION
FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission
is as follows:
1. To review and evaluate the zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendment meets the criteria provided by
FWCC Section 22-528.
3. To forward a recommendation to City Council regarding adoption of the proposed zoning code
text amendment.
V. DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes
the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section
22-528. The City may amend the text of the FWCC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the comprehensive
plan.
The proposed FWCC text amendment is consistent with the following Federal Way
Comprehensive Plan (FWCP) goal:
EDG-6 The City will encourage and support existing businesses to remain and/or
expand their facilities within Federal Way.
The comprehensive plan encourages success of business in Federal Way as a general concept.
The success of business has a direct impact to the City's tax base, which provides the money to
provide City services and amenities.
2. The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
The proposed FWCC text amendments bear a relationship to the public health, safety, and
welfare because the amendments will assist businesses in attracting customers, but will not
interfere with pedestrian or vehicle travel. In addition, limiting the number of signs and hours
during which they be displayed will continue to promote a positive visual image of the City.
Portable Signs
Planning Commission Staff Report
85
Page 2
EXHIBIT _~_
PAGE-4-0F--S~
--....
'. or
3. The proposed amendment is in the best interest of the residents of the City.
The proposed FWCC text amendments are in the best interest of the residents of the City because
portable signs will help to attract customers to business, sales, and other events thus supporting
the City's vision of its economic development future.
VI. PLANNING COMMISSION ACTION
Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the
following actions regarding the proposed zoning code text amendments:
1. Recommend to City Council adoption of the FWCC text amendments as proposed;
2. Modify the proposed FWCC text amendments and recommend to City Council adoption of
the FWCC text amendments as modified;
3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or
4. Forward the proposed FWCC text amendments to City Council without a recommendation.
EXHIBIT
Exhibit A - Federal Way City Code Chapter 22, Article XVIII, "Signs," with Proposed New Language
K:\2008 Code Amendments\Portable Signs\Planning eommission\Planning eommission Staff Report.doc
Portable Signs
Planning Commission Staff Report
86
Page 3
,"""!.
J.
Exhibit A
EXHIBll_. ~.
PAGE~OF: S
..,
-:::~
,
Amendments to Federal Way City Code (FWCC)
Chapter 22, Article XVIII, "Signs"
22-1596 Purpose.
(8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic
values;aFH! '
(9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing
that billboards affect the aesthetic value of the community thereby reducing property values and
impacting traffic safety because of the distraction that is created by large signage along public rights-of-
way~~
(l0) Protect public infrastructure and property within public rights-of-way; and
(11) Promote traffic and traveler safety. including by reducing the number of visual distractions.
visual competition. and visual obstructions.
22-1600 Prohibited signs.
The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject
to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604:
(14) Right of ',,"ay signs including a~y sign ~in a public right-of-way except governmental
signs. and except portable signs that follow the requirements of FWCC 22-1599(d)(2)(cc).
22-1599 Permits.
(d) Permit exceptions.
(2) Exempt signs. A sign permit is. not required for the following signs or modifications to signs;
provided, however, that such signs shall comply with all of the following requirements:
cc. Portable signs located in the public right-of-way subiect to the following standards:
1. Signs shall not be affixed to the ground. including through the use of stakes or other
means that may damage property;
11. No more than two signs shall be allowed per business or event. and no person (including
any agent thereot) may have more than two signs at anyone time;
111. Sign area shall not exceed six square feet per sign face or 36 inches in height;
IV. Signs shall be allowed only between the hours of 10:00 a.m. and 3:00 p.m. and must be
removed each day;
v. Signs shall not be placed on or attached to other obiects, including but not limited to
buildings. structures, trees. plants. utility poles, utility boxes. utility equipment. or other
signs of any type;
VI. Signs shall not be located on the travelled portion of a roadway, in parking lanes. on
sidewalks. in bicycle lanes. or placed in a manner that interferes with vehicle. bicycle,
wheelchair. or pedestrian travel or views; and
Yll. Signs shall not be placed in street medians or street side planter strips.
K:\2008 Code Amendments\Portable Signs\Planning Commission\080608 Draft Language.doc
87
,
EXHIBIT .-.- .--..
Planning Commission Recomm~6 .l-OF-.J-
-..
Amendments to Federal Way City Code (FWCC)
Chapter 22, Article XVIII, "Signs"
22-1 Definitions
ODen house means an event in which an invitation is extended to all. inc/udinf! but not limited to an
occasion when a schoo/. institution. or business is ODen for visitinf! and observation bv the Dublic and a
veriod of time durinf! which a house or aDartment for sale or rent is held aDen for Dublic viewinf!.
22-1596 Purpose.
(8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic
values; aOO
(9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing
that billboards affect the aesthetic value of the community thereby reducing property values and
impacting traffic safety because of the distraction that is created by large signage along public rights-of-
waY7~
(10) Protect public infrastructure and property within public rights-of-way; and
(II) Promote traffic and traveler safety, including by reducing the number of visual distractions,
visual competition, and visual obstructions.
22-1600 Prohibited signs.
The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject
to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604:
(14) Right of 'Nay signs including a&1y sign ~in a public right-of-way except governmental
signs, and except portable signs that follow the requirements of FWCC 22-1 599(d)(2)(cc).
22-1599 Permits.
(d) Permit exceptions.
(2) Exempt signs. A sign permit is not required for the following signs or modifications to signs;
provided, however, that such signs shall comply with all of the following requirements:
cc. Portable signs located in the public right-of-way subject to the following standards:
i. Signs shall not be affixed to the ground, including through the use of stakes or other
means that may damage property~
11. No more than two signs shall be allowed per business or event, and no person (including
any agent thereof) may have more than two signs at anyone time excevt that eif!ht ooen
K:\2008 eode Amendments\Portable Signs\LUTe\Planning eommission Recommendation (2)_doc
88
EXHIBIT 3.._ .
PAGE~O~
house sims may be oermitted oer business. event. or af!ent; Sign area shall not exceed six
square feet per sign face t>>' !.1.Q!:. 36 inches in height;
Ill. Signs shall be allowed only between t!is hours ~f !(}:()() a.:u. ami 3:(}() p.m. sunrise and
~and must be removed each day;
IV. Signs shall not be placed on or attached to other obiects, including but not limited to
. buildings, structures, trees, plants, utility poles, utility boxes, utility equipment, or other
signs of any type;
v. Signs shall not be located on the travelled portion of a roadway, in parking lanes, on
sidewalks, in bicycle lanes, or placed in a manner that interferes with vehicle, bicycle,
wheelchair, or pedestrian travel or views; and
VI. Signs shall not be placed in street medians or street side planter strips.
K:\2008 eode Amendments\Portable Signs\LUTe\Planning Commission Recommendation (2).doc
89
.
REALTOR@
EXHlsn~_~i2:=
Seattle-King County Association ~~~..
12410 SE 32nd Street, Suite 100, Bellevue, WA 98005
(425) 974-1011 . WA TF: (800) 540-3277 . Fax: 425-974-1032
Testimony of Sam Pace
Housing Specialist
Seattle-King County Association of REAL TORS@
A. Uniqueness of the Good Being Advertised by Real Estate Signs
1. The location of the good (i.e., property) for sale is different with each sale.
2. Unlike signs advertising businesses or most goods and services, real estate
signs are inherently temporary.
B. Necessity of Real Estate Signs to the l{ome-Buying Process
1. Real estate signs are essential to finding a home.
a. The most common method (35.1 %) of searching for a hom.e before
meeting an agent is driving around neighborhoods. HEBERT
RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMARY), at 7 (Jan. 2001).
b. Over half of buyers find the home they eventually purchase
themselves. Of these, 43.9% find the home by driving around.
HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMARY), at 13 (Jan. 2001); see also HEBERT RESEARCH,
INC., JOHN L. SCOTT, at 19 (Feb. 2003) (where buyer, rather than agent or
third party, finds home, it is by driving around neighborhoods 39% of the
time).
c. The most common activity of prospective buyers - both before and
after meeting and agent - is driving around neighborhoods (76% of
respondents). HEBERT RESEARCH, INC., JOHN L. SCOTT, at 22, 23 (Feb.
2003 ).
90
2.
EXHIB1T___~-- ,'~
Real estate signs are essential to finding open hO'rfAGE~OF ~
a. The most common method of finding information about open houses
is driving around neighborhoods (58%). HEBERT RESEARCH, INC.,
JOHN L. SCOlT, at 29 (Feb. 2003).
3.
Real estate signs are essential to finding a buyers' agent.
a. For Sale signs are the third most common method of finding a buyer's
agent. HEBERT RESEARCH, INC., JOHN L. SCOlT BUYERS AND SELLERS
RESEARCH (EXECUTlVE SUMMARY), at 9 (Jan. 2001); see also HEBERT
RESEARCH, INC., JOHN L. SCOTT, at II (Feb. 2003).
C. Necessity of Real Estate Signs to the Home-Selling Process
1. After the Multiple Listing Service, For Sale signs are considered the most
effective method of advertising a house. HEBERT RESEARCH, INC., JOHN L.
SCOlT, at 60 (Feb. 2003).
2. For Sale signs are the third most common method of finding a seller's agent.
HEBERT RESEARCH, INC., JOHN L. SCOlT, at 12 (Feb. 2003).
D. Inadequacy of Alternate Means of Communicating Home Sales
1. Case law recognizes that other means of communicating housing sales - e.g.,
newspaper advertisements, listing with agents - are not adequate because
they involve higher costs and reduced autonomy. Linmark Associates, Inc. v.
Township ofWillingboro, 431 U.S. 85, 93 (1977); Cleveland Area Board of
Realtors v. City of Euclid, 88 F.3d 3'82,388-89 (6th Cir. 1996); Eastern Bergen
County Board of Realtors, Inc. v. Borough of Fort Lee, 720 F. Supp. 51, 54
(D.N.J. 1989).
2. Internet advertising is not a substitute for real estate signs.
a. After the Multiple Listing Service (MLS), having a sign in front of
your home is considered the most effective method of advertising; the
Internet is the third most effective method after the MLS. HEBERT
RESEARCH, INC., JOHN L. SCOlT, at 60 (Feb. 2003).
b. Driving around neighborhoods is the most common search method
prior to meeting an agent; the Internet is the second most common
method. HEBERT RESEARCH, INC., JOHN L. SCOIT BUYERS AND SELLERS
RESEARCH (EXECUTlVE SUMMARY), at 7 (Jan. 2001).
c. Of buyers who find their home themselves, 43.9% find it by driving
around neighborhoods; 22.2% fmd it on the Internet. HEBERT
RESEARCH, INC., JOHN L. SCOTI BUYERS AND SELLERS RESEARCH
(EXECUTlVE SUMMARY), at 13 (Jan~ 2001).
91
The most common method of finding in~
is driving around neighborhoods; the Internet is the third most
common method. HEBERT RESEARCH, INC., JOHN L. SCOTI, at 29 (Feb.
2003).
-....-
d.
s~!) ~
e.
For Sale signs are the third most common method of finding a buyer's
agent; the Internet is the eighth most common method. HEBERT
RESEARCH, INC., JOHN L. SCOTI BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMARY), at 9 (Jan. 2001); see also HEBERT RESEARCH,
INC., JOHN L. SCOTI, at 11 (Feb. 2003) (third most common versus sixth
most common).
f.
For Sale signs are the third most common method of fmding a seller's
agent; the Internet is the ninth most common method. HEBERT
RESEARCH, INC., JOHN L. SCOTI, at 12 (Feb. 2003).
E. Importance of Real Estate Signs in Guaranteeing Equal Access to Housing
1. Real estate signs help prevent steering, i.e., showing a listing only to certain
racial, social, or economic groups. See Greater Baltimore Board of Realtors v.
Hughes, 596 F. Supp. 906, 923 (D. Md. (984).
2. Real estate signs help prevent "panic selling." See Linmark Associates, Inc. v.
Township of Willingboro, 431 U.S. 85, 96 n.l 0 (1977); City of Chicago v. Prus,
453 N.E. 2d 776, 789 (Ill. App. Ct. (983).
3. Real estate signs convey accurate information regarding matters of great
importance to families and the greater community. See Linmark Associates,
Inc. v. Township ofWillingboro, 431 U.S. 85,96 (1977); Greater Baltimore
Board of Realtors v. Hughes, 596 F. Supp. 906, 925 (D. Md. 1984).
F. Reduced Aesthetic and Safety Concerns with Real Estate Signs
1. On-site real estate signs are self-policed by the resident, alleviating aesthetic
and safety concerns common to other types of signs. See City of Ladue v.
Gilleo, 512 U.S. 43, 58 (1994).
2. On- and off-site signs are policed by SKCAR and other REAL TOR@
associations, alleviating aesthetic and safety concerns common to other types
of signs.
a. Through articles and broker updates, SKCAR and other
REAL TOR@ associations routinely educate member agents and
brokers about municipal code compliance and signage safety
concerns. Examples of such publications, e.g., Real Estate Signs:
92
EXH'BJT4~_.
Practice "Safe" Placement, SEATTLE-KINPA~ASS~A1'Q~ .. ~ . ...-'
REALTOR@, Sept./Oct. 1994, at 1. ----..-Ur- ~
b. SKCAR's Public Affairs Department routinely works in concert with
municipal code compliance officers to inform member agents of non-
compliance and to correct or remove non-compliant signs.
G. Heightened Protection for On-Site Real Estate Signs
1. On-site real estate signs enjoy heightened protection because they involve
speechfrom the home. See City of Ladue v. Gilleo, 512 U.S. 43, 58 (1994);
County Republican Comm. v. Arlington County, 790 F. Supp. 618, 627 n.7 (E.D.
Va. 1992), rev'd and vacated in part on other grounds, 983 F.2d 587 (4th Cir.
1993).
Thank you for the opportunity to offer these comments.
SEA TILE-KING COUNTY ASSOCIATION OF REAL TORS@
~p~
Sam Pace, JD, MBA, GRI
Housing Specialist
Seattle-King County Association of REAL TORS@
29839 - 154th Ave SE
Kent, W A 98042-4557
samoace<mconcentric. net
Direct: (253) 630-5541
Fax: (253) 630-5542
Cell: (253) 569-2663
93
'_,.' EXHIBIT ~,: ,,~
;.'... ,\.t')F'AGE1 ~~:':dP~b- ~~~~~
Objectives
C.:.-:;}Gg:~f~
~~~- :~..~J(:a..~.:l~4~fn2:H~ <&~~'~,~r?~~';~;R~~~~~7~~:~ ;:- :,~ i:,' )" .~: . '''0 :
Research Objectives:
The primary purpose in conducting this research was to understand how buyers and sellers in the
Seattle and Portland markets gather and use information and real estate agents in their horne '
buying or selling process.
The following objectives were addressed in conducting research for John L. Scott:
2. Measure ways of finding the buying and/or listing agent, including the Internet, and
u,sage of the agent, including levels of satisfaction and relationship with agent.
3. Detennine behavior prior to and after contacting an agent for each of the following
acti vities:
· Finding a home of interest
· Dri ving around neighborhoods
· Attending open houses
· Use of property flyers
· Use of Internet
· Newspaper Ads
· Homes Magazine
4. Gather additional information on each of those processes, including:
· Where information on each process was found
· How information was utilized - actions that resulted from it
· Internet usage for different activities and reactions to web site features
6. Measure effectiveness of various types of advertising to selling a home.
. :.. ~, '" '.I~' : *'5-~ ., :( : i ~~~ ~. -; ~ :'!f~';~li~.;(J~::rv~~~~-t"f-<;:; ~
HEBERT RESEARCH. /Ne.
Prepared by Anne-Marie DavidsOlllCarlos Aragon/Jim Hebert
~ fA1~~~~~:~;\~;:::~;:i:.~1?t',~~_~:~:'~..;.'~{
John L Scott
Pag,,4
94
EXHIBIT 9._~~__~.-
PAGE.JLOF~
Methodology
.;._:~j;r,~i
,1~~~ ~:~~;;~.,;~;~:--~:~,.'\>~f" ,.'l~:'::-.~'r':J_'~~':.,'~~ ~.:. :-/
A total of 400 surveys were completed for Jolm L. Scotl. Respondents were selected from a list
of people who have bought or sold a home within the last 6 months. It was verified at the
beginning that they had bought or sold a home. The response rate, which represents the
proportion of the population who agreed to participate in the research. was 51.5%. The overall
incidence rate, which represents the proportion of the population qualified to participate in the
full survey. was 28.7%. The maximum margin of error at 400 respondents is +/-4.9%.
Respondents were split between the Seattle and Portland markets, with 243 respondents from the
Seattle area, and 157 from the Portland area.
In order to ensure that the data collected represented the real estate universe, the data was
weighted according to the actual market share of each real estate company within their market.
So if a real estate firm had 18 percent of respondents, but 15 percent actual market share, a weight
was applied to each respondent who used that company in order to bring their answers into the
proportion of market share that company has.
The data were analyzed using generally accepted univariate measures of central tendency and
dispersion. In questions where multiple responses were indicated. the totals in the graphs or
charts may be greater than 100%. and only the most frequently stated responses may be reported.
A complete list of responses can be found in the technical documentation. Questions for which
multiple responses were accepted will be identified throughout the summary.
Hebert Research has made every effort to produce the highest quality research product within the
agreed specifications, budget and schedule. The customer understands that Hebert Research uses
those statistical techniques, which, in its opinion. are the most accurate possible. However,
inherent in any statistical process is a possibility of error, which must be taken into account in
evaluating the results. Statistical research can predict consumer reaction and market conditions
only as of the time of the sampling. within the parameters of the project, and within the margin of
error inherent in the teclmiques used.
Evaluations and interpretations of statistical research findings and decisions based on them are
solely the responsibility of the customer and not Hebert Research. The conclusions. summaries
and interpretations provided by Hebert Research are based strictly on the analysis of the data
gathered. and are not to be construed as recommendations; therefore. Hebert Research neither
warrants their viability nor assumes responsibility for the success or failure of any customer
actions subsequently taken.
_ . .. -';';'5- ':.'" v~,,~~,,~? ..~-
HEBERT RESEARCH. INC.
Prepared by Anne-Marie DavidsonICarl<< Aragon/Jim Hebert
~~~...":.:.'~-.,
/0111I L. Scott
PflIe 5
95
~;~k~o~~
H;~~~~f was Found . -
> . ,'. ".. , ~ : . .
, " .,., "
Analvsis
The most common way to find a buying agent was through the referrals of friends and family
(38%). This was followed by already knowing the agent themselves (22%), and calling the agent
listed on a for sale sign (9%). The agent being a relative accounted for 8 percent.
How Buying Agent was Found
4O"Il.
35%
30%
.
i:
~ 25%
[
.
..
II:
"0 20'JI.
..
..
.
C 15%
~
!.
10%
5%
0%
So."'" 38% 2." .,. no .... .,.
f'oRIond 38." t.,. t41lo .,. n ~
T.... "',. 22% .... .,. .... .."
Z%
5"ll.
3'Jo.
,%
2"-
Z%
t...
a
"'Multiple Response Question
_' - j- - - <. ~'I,.;'::.~J,-,';:;';-t - :::;
HEBERT RESEARCH. lNe
Pnpand by Anne.-Mam Dav/dsonIOuIos A.ragon/Jim HelHn
~m.~~~t~ .-
John 1.. ScDtt
Page 11
96
EXHIBIT,-~
PAGE-l-OE '2.
~ -
--
Analvsis
In finding the selling agent, already knowing the agent accounted for 28 percent of answers,
followed by 21 percent who said the agent was referred by a friend or relative. Calling the agent
on the for sale sign was done by 10 percent, while having worked with the agent on a previous
transaction was true for 8 percent.
How SelUng Agent was Found
30%
25%
.
C 2O'l(,
!
l
.
.
a: 15%
'0
.
'"
.
c
.
l! 10%
.
a.
5%
0%
.....-..
"'--
. s..... 28,.
P....end 21'"
To'" 28"
__ br Agonl".... w""'''' _ lAw....
tMnd Of" OIIW.... ~ on ......
- .;go ,-.. --
,ft. 11'" 11,. ....
25"" 7% 4V. 4%
21% ,me. 8% S%
Ao..... . _.. N....
....... -- ompIoyor
-
.... C"li, "'" .,. I...
.... .... 2% 0% ....
$'" .... 2% 2% 2'" 2%
*Multiple Response Question
, ;" " -:.,--; ~ ~ .::;"~'S',.. :;> ~...~ 1. ",::~ . c'
HEBERT RESEARCH. INe
P'tfKUtd by Nuu-Marit DavidsonIOufos "'raronlJim Hebert
~~si$.~~~[~~~
Joli!t 1.. Scou
POlt J2
97
EXHIBIT .~.. _ ~-"""
P AGE-.-!..OF-.:J.L
Where l{~er First Saw Home
,; ,J.,~~
-~ ~~\~M~">->-~j :ti: ~\~;:rp~~~;:};f\Jl~~~sV :~;.~-: -~ ~ - ^+~ - - _U~.
Analvsis
When the buyer was first to see the home (0;:;;176), it was most commonly on the Internet (41%),
followed by driving around the neighborhood (39%). ReSpondents in Seattle were more likely to
use the Internet (46% to 35% of Portland respondents).
Where the Buyer First Saw Home
50%
.5%
.0%
.. 35%
C
..
v
c JO'll.
&.
..
..
u: 25%
'0
..
co
.. 2O'll.
C
..
l!
..
a. 15%
10'4
5%
0%
s......
POIII_
T....
--------.--------..-.---------.---.-------.----.-------------1
I
!
T_lll I
fritMclsIf....tws I Homel INglanc
48% 5,. 21< :11< 1" ,,. l '"' 1%
35,. 121< .% 21< :11< 121< 2"
.,,. .% :11< 3% Z% ..,. 1%
Other at1swers:
..
Agent pulled listings off real estate site. (5)
Agent.
Someone else had the home and sold it to me.
Bought from a friend. (2)
Friend told me.
Next door to the property.
Just walking by.
Grew up in it.
On the Windennere website.
On JLS website.
..
.
..
.
..
.
.
..
.
_~ ,"~} ~..> . ,,' ~~o'-~;-;....~~,.:..-!.:.:
HEBERT RESEARCH. /He.
PreJJQFd by Anne-Marie DavidsonlCarlos Aragon/rUff Hebe"
""~:r~T~
98
John L Sam
Page 19
EXH I B IT ~-"~C-______,
PAGE-to-OF~
Objective 3: Determine behavior prior to and after contacting an
agent
Activities'~f~ I
g,-;, ;.;.~~-;~- ./'y'; .,'
Analvsis
Prior to meeting their agent, the most cornmon activity was to drive around the ~eighborhood
(76%), followed by searching the Internet (68%). Over half also picked up flyers from flyer
boxes (59%) or looked through newspaper ads (56%). Forty-five percent each picked up Homes
magazine or talked to friends or relatives. Respondents from Portland were more likely to do
each of these activities than respondents from Seattle with the exception of driving around the
neighborhood (equal), and searching the Internet (70% Seattle, 65% Portland).
Activities Done On Own PRIOR to Meeting An
Agent
80%
70%
60%
.ll
c
.
11 50%
&
a.
.
.
a: .0%
"0
.
'"
.ll
c 30%
~
.
A.
20%
10%
0%
Drvwt.AlUAc:l s.._ iLoolold IM>ogh FI\<<< "- -
..lghbomood Inl.._ j_per ods lIro<bo_ Opon ...... mogWne
.So_ lS" 10" 53" 55" 35" 42"
Podland 76" 85% "" 85" 44" 49%
T .... 76" 68" 56" 59" 39% 45"
Olhot None Aefu-s4MUDonl
It.-
2" 10% 0"
2% '" 0%
2% ... 0%
Other answers:
.
Went through mortgage company.
Agent found it for you.
Searched on NW multiple listing service.
Did not do anything.
The agent did it all.
Co-workers.
Kept a lookout for homes.
Called her and said I wanted a house.
.
.
.
.
.
.
.
.' -~ . '.:0-:; / ~'... .t~Jf,;,,"'!";"~'t5::...
HEBERT RESEARCH. INC.
Prrptued by AMe-Mtirie DavidsonlCarl~ ArogonlJim Hebert
~~1f$i~1[~i;;
John L SctJlt
Page 22
'99
EXHIBIT ~
PAGE--1t.OF~
Activi~~~~=~
- ., --- - ...
.... , . -. . , ~
Analvsis
After meeting an agent, driving around the neighborhood remained number one. at an identical 75
percent in Seattle and 78 percent in Portland. Searching the Internet was also still second. at 67
percent. Looking at flyers from flyer boxes (60%) and looking through the classifieds (46%)
were next, followed by open hOuses (39%) and talking to friends or relatives (40%).
Activities Done On Own AFI'ER Meeting An Agent
llO%
00%
70%
.
C llO%
.
...
c
0
...
. 50%
.
a:
'0
. 40%
:
c
.
!i 30%
ll.
20%
10%
0%
0nJw ...._
oeV-
.$e..me 75"
p- 78"
r_ '&1<
. i
.
s...",.., ; FIprs 110m ..-ed_
.-- ttyerbo.. news,ulpel' aell Ope. ......
6811 53" '0" 3111
6<11 6S1l s..1l 5'"
8'" I01l 88% 3911
Homes 0Ihet - RdusedlOonl
..- .....
34" 28" ." 1311 os
.,,, 38" 311 '5" 1"
- 3Z" ." .." 1"
Other answers:
· Went to houses that the realtor suggested.
· Everything.
· We just stayed with our agent.
· We relied mostly on our agent to find our home.
· Agent found it.
· Went through his marketing system.
· I told my agent what I wanted and he took care of it.
· Looked at houses with in price range.
· Continued to look.
· She did it to the beginning to the end. (2)
· Agent had listings. (4)
· Co-workers.
~ -. ~ ~\ ~,.. - p' ~:-~'(~~',,~~:~'f~ ""
~
HEBERT RESEARCH. /Ne.
Prqxued by Annc-MtUk DavidsonlCarlos Aragon/Jim Hcbm
100
John L SeDtt
Pagc 21
EXHIBIT-'t ~~
P AGE-1.JLOF.-h..:-
Objective 4: Additional Information on Behavior
Open Houses
Sources.?~;~,:!~'i _ ~
Analvsis
Each activity section had additional questions that went with it. The first question asked of
respondents who had attended open houses (n=117) was where they found the information about
the open houses they attended. Over half (58%) found it while driving around the neighborhood.
Nearly a third (30%) found it while looking through newspaper ads. The Internet accounted for
16 percent. "Other" answers primarily were getting information from their agent.
Where found information on Open Houses
70%
60%
. 50%
C
.
"
c
Z. 40%
..
.
a:
0
.
'" 30%
..
~
.
l!
.
G. 20%
10%
0%
-..
Port......
T_
--,
;
---
2311
"ll"
30S
-.... -- Oirea: mal
"" J" n
'1" .., 1"
,..,. "" ."
ou-
Reluee4IOon' __
12..
'5"
13"
...
5..
'"
Other answers:
· Brochures.
· Real estate agent. (tI)
· Friend.
· Walking around neighborhood. (2)
· House signs on the road. (2)
*Multiple Response Question
HEBERT RESEARCH. lNC.
P~d by AIutc-Mtzrie Da1lidson/Czrlo$ A.ragon/Jim Hebert
.a)fi tr_
101 .
John L Scott
Page 29
EXHIBIT -4~ _. .~.
PAGEAoF-3..L
Objective 6: Measure Effectiveness of Various Types of
Advertising
Types of Advertising
~~G)/11;;;J.:&
~~~~. ~J~ft\~~~t,,~::,~~:~/~~~~..:; I-:~!r~ ~~"',6.y~,.r.;t~":t~'~:7;::~':';/";"-\:" -: _' M,,~: >
Analvsis
The multiple listing service was considered by respondents to be the most effective form
of advertising for your house (8.03), followed closely by having a sign in front of your
house (7.78). The flyer box also had a fairly high interest rating at 7.58 overall. The
Internet had the next highest average at 7.00. Open houses managed a moderate rating of
6.14, while all other possibilities - newspaper ads, word-of-mouth, Homes magazine. and
a personal web address - had averages below 5.30.
Having a sign in front of your house was considered a "10" for effectiveness by 46
percent of respondent who make less than $60,000 a year, compared to only 25 percent of
respondents with incomes in excess of $60,000. [Cramer's V=0.398]
Sign in Front of House . . Seattle ..... Portland' '.' . Overall
Low 6% 12% 9%
Moderate 16% 26% 21%
High 78% 62% 70%
Average 8.04 7.50 7.78
Internet . seattlen . Portland: Overall
Low 15% 12% 13%
Moderate 25% 38% 31%
High 60% 50% 56%
Average 7.17 6.80 7.00
Newspaper Ad . Seattle .' . Portland . Overall
'. ". . I .
Low 30% 20% 25%
Moderate 53% 62% 58%
High. 17% 18% 17%
Average 4.92 5.54 5.22
Multiple listing Service Seiittfe . Portland Overall
Low 11% 2% 7%
Moderate 27% 17% 22%
High 62% 80% 72%
Average 7.60 8.45 8.03
Open House Seattle .'. :'; ,.' .Portla'lJ.d.. ..... Overall'
Low 15% 24% 19%
Moderate 42% 34% 38%
High 44% 43% 43%
Average 6.50 5.76 6.14
IY .____~~.Pk".t,;::;fo...
'ilO ~- -~~ -'.~~-~;-~~....;:::~.:-.~:t.':;'f
HEBERT RESEARCH, 1Ne.
PreptU"ed by Anne-Marie 'DavidsonlCarlo$ Aragon/Jim Hebert
102
John L Scoa
Page 60
EXHIBIT__~_~" __ -
~2. ~
PAGE~OF: , ___
Flyer Box , Seattle Portland Overall
.
low 6% 4% 5%
Moderate 29% 31% - 30%
High 65% 65% 65%
Average 7.43 7.72 7.58
Word-Of-Mouth , Seattle' , Portl~nd '" . Overall '
Low 28% 23% 26%
Moderate 41% 51% 46%
High 31% 26% 28%
Average 5.30 5.26 5.28
. Homes Magazine ". " Seattle' . Portland Overall ,
, .
low 34% 41% 38%
Moderate 48% 45% 47%
High 18% 14% 16%
Average 4.66 4.26 4.46
Your Own Home Web Seattle ,,',', Portland Overall
Address
Low 25% 31% 28%
Moderate 44% 46% 45%
High 31% 23% 27%
Average 5.36 4.n 5.06
HEBERT RESEARCH. /Ne.
~par-ed by Mne-MtUk Davidson/CQrlos AragorrlJim Hcbcn
-
,- -- -Bfli'~;;'i:;,,/4/;';ij::~{~i;'
103
John L SCOU '
Page 61
~~~~1t6El ~::~:
LANGUAGE FOR PROPOSED AMENDMENT
22-1599 (d) (2) w. Real estate signs.
1. Off-site. The number of off-site real estate signs shall be limited to 10 per property per agent;
provided, however, that there shall be a minimum separation of 200 lineal feet between such
signs, except that signs may be placed less than 200 lineal feet apart when necessary to indicate a
turn or change in direction of travel. The area of such signs shall be no greater than six square
feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the
open house or other sales event and are permitted only between sunrise and sunset when the
seller or the agent are in attendance at the subject property.
2. On-site. The number of on-site real estate signs shall be limited to one per agent per street
frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign
shall be no greater than six square feet per sign face. For other uses and developments, the size
shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when
the sale closes, or in the case of a rental or lease, when the tenant takes possession.
3. Notwithstanding the provisions of FWCC 22-1600 (14), 13-III. 13-V (Division 1) and 13-VI.
the off-site real estate signs allowed by subsection 1 of this section, and the on-site dwelling unit
real estate signs allowed by section 2 of this section, may be placed in the public right-of-way,
provided however:
(i) they shall comply with all other requirements of FWCC 22-1955 (d) (2) (w),
(in they shall not be placed on (or attached to) trees, foliage, utility poles, regulatory signs,
directional signs, government signs or informational signs
mi) they shall not be placed in a manner that interferes with vehicular, bicycle, wheelchair or
pedestrian travel,
(iv) they shall not be placed on street median strips,
(v) they shall be outside of vehicular and bicycle lanes, and
(vi) they shall not block traffic views, driveways or curb cuts.
104
SEATTLE-KING COUNTY ASSOCIATION OF REALTORS~
124 [0 SE 3 2.NU STREET, SUITE [00, BELLEVUE, WA 98005
PH: (42.5) 974-IO[ r . WA: 800.540.32.77 . FAil}(: (425) 974.1032.
EMAIL: REALTOR@NWREALTOR.COM
WEBSITE: WWW.NWREALTOR.COM
m
REALTOR'
EXHIBIT q_~_ .=
A White Paper p AGE-"-OF~A.~--._~~
Prepared For The City of Federal Way
By The Seattle-King County Association of REAL TORS@
Regarding Off-Site Open House Signs
July 7, 2008
Real Estate Signs:
Constitutional Issues and Legal Considerations
Freedom of Speech
Real Estate signs fall within the constitutionally guaranteed right of Freedom of Speech.
That guarantee is established in both the First Amendment to the United States Constitution, and
Article I, Section 5 of the Washington State Constitution.
The First Amendment provides in relevant part that:
"Congress shall make no law... abridging the freedom of speech... "
It's interesting to note that the First Amendment's constitutional protection of Freedom of Speech
applies to actions by the City regarding real estate signs because Speech is a Liberty Interest
protected by the 14th Amendment to the United States Constitution.
The Washington State Constitution provides in relevant part:
Article I (Declaration of Rights), Section 5 (Freedom of Speech):
"Every person may freely speak, write and publish on all subjects, being responsible
for the abuse of that right. "
Although I am not a Washington lawyer, it's my impression that Article I, Section 29 of the
Washington State Constitution makes the State constitutional guarantee of Freedom of Speech
"Mandatory." I suspect it is a mandate that applies to the City, at least in part, because the
existence of the City is only authorized pursuant to the provisions of Article XI (of the same
Washington State Constitution under which the Freedom of Speech is guaranteed).
In analyzing Freedom of Speech cases, the Washington State Supreme Court said in State v.
Lotze, 92 W2d 52 appeal dismissed 444 U.S. 92 I (1979):
REALTOR- - is a regisrered mark of rheM&nal Associarion of REALTORS-
EXH I B IT___~t;_-~~-----~
PAGE-'-1-.0E 'a.~.'
"A statutory restraint imposed upon a First Amendment Freedom bears a heavy
presumption against its constitutionality. Freedman v. Mary/and, 380 U.S. 51 (1965)."
(emphasis added)
In addition to the Federal First Amendment constitutional protections, there appears to be a
sufficient basis under State v. Gunwa// 106 Wn.2d 54 (1986) for Washington Courts to vindicate
even stronger State constitutional protections of the speech than is provided under federal law.
Of particular relevance in this regard are the following Gunwal/ Factors:
· As can be seen by comparing the First Amendment with Section 5 of Article I, the textual
language (of the parallel provisions regarding Freedom of Speech) in the Federal and State
Constitutions is different. Those differences include a stronger aversion to prior restraint in
the Washington Constitution which articulates a clear and expressed preference for
post-publication remedies.
· The history of the development of the parallel provisions is also different. The Federal
Constitution appended Freedom of Speech protections in the First Amendment while the
Washington State Constitution begins the very creation of constitutional government in
Article I (under powers reserved to the states) with a Declaration of Mandatory Rights.
. There are structural differences between the Federal and State Constitutions. The Federal
Constitution grants government limited power authorizing it to exercise only those powers
that are constitutionally enumerated. On the other hand, the State Constitution imposes
limitations on the otherwise plenary power to do anything not expressly forbidden.
· Article I, Section 29 of the Washington Constitution appears to create a particular state
interest. Section 29 makes clear that the Declarations of Rights in Article I of the
Washington State Constitution are intended to create "Mandatory" protections guaranteeing
Freedom of Speech from abridgement by a municipal entity that depends for its very
existence upon the authorizations set forth in Article XI of the Washington State
Constitution.
lCommercial Speech' Is Protected
Commercial speech is protected. There is no general First Amendment exception for
Commercial Speech. Commercial speech is "speech that proposes a commercial transaction."
Clearly, the temporary off-site open house signs that are currently permitted propose a
commercial transaction.
The United States Supreme Court has made it clear that commercial speech is protected under
the Federal Constitution. See: Virginia Bd of Pharmacy v. Virginia Citizens Consumer Council,
Inc., 425 U.S. 748 (1976), Bigelow v. Virginia, 421 U.S. 809 (1975).
106
EXHIBIT .. .~ ~_~
P AGE_~.Or ~~_~_~~~
In Central Hudson Gas & Electric v. Public Servo Comm'n 447 US 557, 561-562 (1979) the
United State Supreme Court said:
"The First Amendment, as applied to the States through the Fourteenth Amendment,
protects commercial speech from unwarranted commercial regulation. Virginia
Pharmacy Board, 425 U.S. at 761-762. Commercial expression not only serves the
economic interest of the speaker, but also assists consumers and furthers the societal
interest in the fullest possible dissemination of information. In applying the First
Amendment to this area, we have rejected the 'highly paternalistic' view that government
has complete power to suppress or regulate cOmniercial speech. '[P]eople will perceive
their own best interests if only they are well enough informed, and...the best means to
that end is to open the channels of communication, rather than to close them...' Id., at
770; see LinmarkAssociates, Inc. v. Wi/lingboro, 431 U.S. 85,92 (1977)." (emphasis
added)
Interestingly, the Linmark case involved an attempt by the City of Willingboro to limit the use of
on-site real estate signs.
There is no general First Amendment exception for Commercial Speech. Commercial Speech is
protected. The display of temporary Open House signs proposes a commercial transaction.
Indeed, it is a commercial transaction for one of the true necessities of life: housing, a place to
live, protection from the elements, a family's home.
This Particular Commercial Speech Involves a Critical Public Policy: Housing
The measure of the true nature of the necessity of housing is reflected in the fact that every single
level of government has huge financial and policy commitments to housing:
· Federal Government
The Federal Government has a huge commitment to housing in the forms of Title VIII
of the Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of
1988, the Department of Housing and Urban Development, V A loan programs, FHA
loan programs, its support of housing with Community Development Block Grant
monies, its sanction of the Home Loan Bank Board together with the 12 National
Home Loan Banks, and its facilitation of the 'secondary financial markets' (including
Fannie Mae, Ginny Mae and Freddie Mac) to ensure that financing is available for
housing, to name but a few.
· State Government
At the State level, the measure of the true nature of the necessity of housing is
reflected in the fact that the Growth Management Act (GMA) expressly includes
housing as an enumerated goal. It also requires a separate mandatory Housing
Element, not only in Countywide Planning Policies, but also in the comprehensive
plan of every municipality covered by the Act, including the City of Federal Way.
107
, EXl-lJBJT-_____q .. __--
Moreover, the State has a financial commitment to ~&~~A~
Program, The State Housing Trust Fund and the Washington Housing Finance
Commission. In addition, the State also has additional policy commitments to
housing as reflected in the work of the various State and Gubernatorial Commissions
whose sole focus is Housing Issues.
· Local Government
At the Local Level, the Countywide Planning Policies (as well as GMA) requires that
the comprehensive plan for the City of Federal Way must include a Housing Element.
Further, the provisions of the City's Housing Element must be consistent with both
the Countywide Planning Policies and GMA. The City also has a specific, quantified
housing target under Appendix 2 of the Countywide Planning Policies, and a
responsibility to plan to accommodate low and moderate income housing under
Appendix 3 and the Housing Policies of the Countywide Planning Policies.
Real Estate signs are commercial speech that is currently allowed, and which involves an
absolute necessity of life: Housing.
As explained in greater detail below, the free flow of commercial information about a proposed
transaction for a necessity of life as important and fundamental as Housing does much more than
simply promote intelligent market choice by consumers, and assist in reliable decision-making.
Fair Housiol!
The off-site real estate directional signs in question here are also essential- absolutely and
critically essential - in the nation's ability to discharge the worthy spirit and mission of the
Federal Fair Housing mandates.
Title VIII of the Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of
1988 embodies the simple and morally correct position that our communities should be open to
all people.
In December of 1988, the Federal Trade Commission issued a report entitled The Residential
Real Estate Brokerage Industry. That FTC report, which has been cited with approval by the
United States Supreme Court [see: Ladue (1994)], points out the important contribution of real
estate signs in opening communities to people in a way that is not discriminatory.
The basis for the FTC's conclusion is obvious: Real estate signs are not only an important,
inexpensive and effective means of marketing real estate, they are also discrimination proof.
A real estate sign invites any person - regardless of race, creed, color, sex or national origin - to
locate and consider the purchase or rental of the property that is available if they can afford it.
The real estate signs make it impossible for any real estate broker, landlord, owner or
organization to deny that the property is available, and, hence, make discrimination substantially
impossible.
108
The Nature of the Sellers' and REAL TORS@' Commercial Speech
It is worth noting that this commercial real estate-related speech:
.
Is not deceptive
Is not misleading
Is not inaccurate or false
Is not obscene or profane
Is not libelous or slanderous
Is not loud, raucous or noisy
Is not aggressive
Is not coercive
Is not likely to incite violence
Is not conduct
Does not intimidate, and
Does not advocate unlawful conduct
.~~
.
EXHIBIT 1./"
PAGE ~OOF: '\a.
.
.
.
.
.
.
.
.
.
.
Instead, it is a factually accurate message that helps a family to locate a home that is being
offered for sale.
Cities Carry The Burden of Proof To Justifv A Re1!:ulation of Speech
In regulating the constitutionally protected commercial speech in real estate signs, a city has two
distinct and separate sets of burdens:
The first set of burdens involves the legality of the restrictions on commercial speech.
See: Central Hudson Gas & Electric v. Public Servo Comm'n 447 US 557, 561-562 (1979).
City's have the entire burden to prove:
o That.the regulation is content neutral
o That it directly advances a lcompelling state interest,' and
o That the proposed ordinance reaches no further than absolutely necessary to accomplish a
'compelling state interest'
The second set of burdens involves the legality of the time, place and manner restrictions on
commercial speech. See: Clark v. Community for Creative Nonviolence, 468 U.S. 288, 293
(1984). A city has the entire burden to prove:
o That the Time, Place and Manner restrictions are "narrowly tailored"
o That the Time, Place and Manner restrictions advance a significant and compelling
governmental interest, and
o That the Time, Place and Manner restrictions leave open ample effective alternative
channels for communication of the information.
109
EXHJ8IT__o~<.
We will offer just a few observations on three of the most imme~QIii 9f
theses standards:
;>-.. ~_.
S~
(1) The Lack of Effective Alternatives,
(2) The Necessity For the City To Prove a "Compelling State Interest", and
(3) The Requirement that Any New City Regulations Must Reach No Further Than Is
"Absolutely Necessary":
1. Lack of Effective Alternatives
The available evidence demonstrates that the m~ority of buyers use the temporary open house
directional signs to find the house that is for sale. An on-site sign does not get them to the house.
Both the Federal Trade Commission, and the Supreme Court in the Ladue case, have expressed
their beliefthat the alternatives to real estate signage are If ...far from satisfactory. If This is
critical for two reasons: (1) the lack of effective alternatives is a key element considered by
Courts, and (2) the lack of effective alternatives also makes it much more difficult for the City to
satisfy its legal burden of proof when attempting to justify its regulations.
In the Sixth Circuit case of Cleveland Area Board of Realtors v. The City of Euclid, the National
Institute of Municipal Law Officers, the Ohio Municipal League and the Ohio Municipal
Attorneys Association appeared Amici Curiae. The parties attempted to argue the availability of
sufficient "new technology" alternatives including cable TV, computer billboards and the
web/infotmation superhighway. The Court was not persuaded by the argument. They lost.
Newspapers are not targeted, are more expensive, and are not as effective because the place from
which the message is delivered is far removed from the place where a sign would be located. In
addition, unlike a sign, a newspaper cannot confirm for a reader (by the presence of the .
newspaper at the intersection) that the Buyer has reached the point when the direction of travel
must change in order to progress towards the home that is for sale.
The alternatives are more expensive, are not as effective, are unevenly available (especially
among less affluent potential buyers), cannot be targeted as well, and are not as helpful for
buyers because they do not have the same functional utility.
2. Necessity For the City To Prove a IfCompeUine State Interest"
The city faces a very high burden in connection with its responsibility to justify any additional
regulation of real estate signs. Any additional regulation (and any existing regulations) must be
supported by a "compelling state interest." Earlier in this White Paper we made reference to the
decisions of the United States Supreme Court in the Linmark and Ladue cases.
Although the Ladue case involved on-site signs, I would note that the 'state interest' alleged by
the City of Ladue stated, in part, that real estate signs:
110
EXHI8IT~~ .~
p.d~i:: .a~r- . . ,~
"...create 'ugliness, visual blight, and clutter, tarnish the natutatfje'MlT'y-~~-.,.~
.....~
well as residential and commercial architecture, impair property values, substantially
impinge upon the special privacy and ambience of the community and may cause safety
and traffic hazards to motorists, pedestrians and children.'''
These reasons were not sufficient to keep the City of Ladue from losing the case three times.
3. Reeulations Must Reach No Further Than Absolutely Necessary
Though not proposed here by the City of Federal Way, it may be worth mentioning that we
believe requiring permits for Open House A-Board signs would violate the U.S. Supreme Court
standard articulated in the Clark case. Because a permit constitutes a form of prior restraint, any
city regulation will be granted no deference by the Courts. The City must justify any regulation
under the microscope of the "Strict Scrutiny" test.
Bad Public Policv
In addition, requiring permits for Real Estate Temporary Open House Signs would be bad public
policy for several additional reasons:
(a) Administering the permit system tends to cost more than cities are able to recover.
In King County, only one city (Lake Forest Park) recently had a permit system, and they
are unable to cover the cost of administering the program. The Council eliminated the
requirement. Kent used to have a permit requirement for Real Estate Open House Signs.
They too eliminated the permit program because it just didn't work very well. The
anticipated benefits weren't worth the problems it created. More recently, Auburn also
considered a registration requirement and likewise chose not to go there.
(b) In addition, many of the most severe costs (such as disruption of other work city
staff is trying to get done) tend to be more onerous for the City than the financial
shortfall.
(c) The city isn't "open for business" to issue permits when many "open houses" get
scheduled (Friday evening for a Sunday afternoon open house). Given the reasons
families sell, the lack of access to permits when they are needed can be a real hardship on
families that need to sell quickly.
The City Can't Meet its Burden of Proof On Constitutional Issues
Bv Usine A "Bootstrappine" Areument That Relies on The Practices of Other Cities
In attempting to meet its exclusive burden of proof, the City of Federal Way would not be able to
satisfy the constitutional standards of review with a Bootstrap Argument that attempts to justify
adding new regulations because some other city has one on the books. It would be a serious
111
EXHIBITq_~__~
PAGEllOF~
mistake for any city to rely on a Bootstrap Argument that is grounded in the notion that a city's
effort to restrict real estate signs with combined prohibitions on safe placement in the right-of-
way and new enforcement policy (amounting to a defacto ban on off-site signs) would be
constitutional if the City were relying upon the ordinance of a neighboring jurisdiction.
Any city's defense of its sign ordinance will necessarily depend upon the strength or weakness of
the totality of that city's own record, and not the un-litigated record of another city. There are no
ordinances from neighboring jurisdictions with this City's record. There are no ordinances from
neighboring jurisdictions that have been defended successfully before an appellate court.
Both the State Supreme Court and federal trial and appellate courts have ruled in favor of more
commercial speech regarding off-premise signs, both in the Kitsap case, and in the Ballen case.
The Rieht to Reach Willine Listeners In a Public Forum
Importantly, the combination of the City of Federal Way's prohibition on safely-placed off-site
real estate signs in the public right-of-way, together with the City's new enforcement policy,
effectively operates as a defacto ban - a ban that effectively, and unconstitutionally, prohibits the
delivery and receipt of all communicative commercial speech between real estate buyers, sellers
and their respective agents using off-site real estate signs. In addition to the problems created for
speakers, this also runs afoul of the right of speakers to reach willing listeners.
In evaluating Freedom of Speech cases, the courts do not forget the right of speakers to reach
willing listeners. As noted in footnote # I in the Policy White Paper we are submitting
contemporaneously with these observations on the law, an analysis of the right to reach willing
listeners in a public forum must begin with three observations:
First, sellers and REAL TORS@ currently have the legal right to put up temporary off-
premises open house directional signs. Those off-site signs have traditionally played an
important role in the efficiency of our local real estate market, and in supporting the
Federal Fair Housing amendments to the Civil Rights Act.
Second, the Freedom of Speech implies the right to reach willing listeners. The freedom
would mean nothing if the City could require all communication to be made in places
where nobody but the speaker was aware of the communication, or where the effect of
the regulations is so extreme as to eliminate all, or most all, opportunities to place an off-
site real estate sign within the City.
Third, Washington's Constitution strongly favors remediation of violations rather than
prophylactic prior restraint on constitutionally protected commercial speech.
The right to communicate views to others on a street in an orderly and peaceable manner has
been recognized by the United States Supreme Court in Hague v. Clo.. 307 U.S. 496, 517
(1939). In Us. v. Grace, 461 U.S.I7l, 177 (l982) the Court also said:
112
EX\-lIBIT~:
PAGE~OF_~-. ~.-,
"It is also true that 'public places' historically associated with the free exercise of
expressive activities such as streets, sidewalks and parks, are considered, without more,
to be 'public forums. '"
In fact, the streets and sidewalks have consistently been considered a public forum. In Perry
Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37,45 (1982) the United States Supreme
Court said the streets are .....quintessential public forums, the government may not prohibit
all communicative activity." (emphasis added). See also: Burson v. Freeman, 504 U.S. 191
(1992); Boos v. Barry, 485 U.S. 312 (1988).
The Washington Supreme Court also considers these to be public forums. In the Collier
decision, Justice Guy, writing for the majority and relying upon Boos v. Barry, 485 U.S. 312
(1988), held that:
"The parking strips in which Collier and his supporters placed his political signs lie
between the 'streets and sidewalks' and thus are part of the 'traditional public forum.'
Because these places occupy a special position in terms of First Amendment protection,
the government's ability to restrict expressive activity is very limited. Boos v. Barry, 485
U.S. 312, 318, 99 L. Ed. 2d 333, 108 S. Ct. li57 (1988)."
We note that in those situations when speakers have been denied this traditional public forum,
the cases have tended to involve speech and conduct unlike anything associated with the
REAL TORS@' placement of temporary open house signs; for example, cases involving
intimidation, aggression, physical contact and conduct blocking the sidewalk in front of an
abortion clinic.
Other cases, such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983), have involved
stringing signs over utility wires, and posting of signs on utility poles. The REAL TORS@ do not
advocate such conduct.
Thank you for the opportunity to offer these comments.
Sincerely,
SEA TILE-KING COUNTY ASSOCIA nON OF REAL TORS@
~p~
Sam Pace, 1D, MBA, GRI
Housing Specialist
113
SEATTLE-KING COUNTY ASSOCIATION OF REALTORS'
12410 SE J 2NO STREET, SUITE 100, BELLEVUE, WA 98005
PH: (425) 974-1011 . WA: 800.540.32.77 - FAX: (42.5) 974.10J2
EMAIL: REALTOR@NWREALTOR.COM
WEBSlTE: WWW.NWREALTOR.COM
IH
REALTOR'
EXHIBIT L.'
~--,.~.------ '~--',-"
A White Paper P AGEHoF---'.&~._:~
Prepared For The City of Federal Way
By The Seattle-King County Association of REAL TORS@
Regarding Off-Site Open House Signs
July 7,2008
Real Estate Signs:
Public Policy Considerations
Why Real Estate Off-Premises Open House A-Board Sie:ns Are Critical
A family's home is not like stocks and bonds. Families don't wake up one morning, see that lithe
market is Up" and decide to sell the roof that is over their head. Instead, it is usually a significant
change in a family's personal circumstances that prompts a sale.
What kinds of changes may prompt the purchase of a home, or the sale of a house?
A family is blessed by the birth of new children and needs a larger home. It may be a marriage.
Or a divorce. There may have been a death in the family. It might be a job promotion. A job
transfer. Or it might be the result of getting laid-off at work. Often. the need to sell is
immediate. or even urgent.
Real Estate Signs Are Critically Important For Sellers
Safely-placed, portable, off-premises A-Board Open House residential real estate directional
signs are critical for the families we serve who need to sell.
The evidence from the Puget Sound Region is clear: families who need to sell, but who do not
have effective access to these off-site signs, experience significantly longer marketing times. For
example, the City of Mukilteo loosened its restrictions on real estate off-site Open House Signs
after it learned that the its restrictive policy had increased marketing times by 22% compared to
Everett, even though the cities share a significant common border.
For a family trying to sell a home, the longer Time on Market can have significant financial
consequences. If a family must carry multiple mortgage payments (or more likely both a
mortgage payment and a rental payment) while they wait for their home to sell, it can be a real
and substantial financial hardship on the family. If the financial hardship causes the family to be
unable to make multiple housing payments in a timely manner, the resulting blemishes on their
credit report may make it very difficult for them to qualify for a new home loan. Alternatively, if
REALTOR- - is a registered mark of the ~lripnal Association of REALTORS.
EXHIBIT ~,_-'-~
they lack the resources to even attempt to make multiple payme~~y-n~Qfio">>~""'"
at all, despite what may be an urgent need to do so.
It's worth remembering that real estate markets go up, and come down. When stronger markets
cool (which happens periodically, because markets are cyclical) the effect of such differences in
the amount of time a home is on the market become even more onerous.
Off-premises Open House directional signs are also important for Sellers who want to sell their
own property without aREAL TOR@. Candidly, there is a financial incentive for our industry to
support the elimination of all open house signs in the right-of-way. Doing so would eliminate
the most effective marketing tool available to those families who want to sell For Sale By
Owner, or FSBO (pronounced "fizz-bow").
How important are these signs for FSBO sellers? We suspect that they are at least as important
to FSBO sellers as they are to REAL TORS@:
The Real Estate Insider Report indicated that 75% of their survey respondents (real
estate agents) identified signs as their most efftctive sales technique.
Restricting a FSBO's opportunity to use these signs to direct people to their home that is for sale
would be a significant step in the direction of giving REAL TORS@ a virtual monopoly on
selling homes. It would help to ensure sellers would have fewer, if any, effective alternatives to
engaging the services of aREAL TOR@. 'But market times would be longer for sellers, and
finding a home would be much more difficult for buyers. As we explain below, it would also be
inconsistent with the objectives of the 1988 Federal Fair Housing Amendments to the Civil
Rights Act of 1968. REALTORS@ might make more money, but that doesn't make it good
public policy.
We note that the city of Federal Way does not have an outright express ban on all off-premise
residential real estate open house signs. However, the combination of the City's ban on signs in
the right-of-wav (the legal status of which is highly suspect) and the City's recently revised
enforcement practices operate to create a defacto-ban on the potential for such off-site si{:mage to
be effective in communicating constitutionally protected commercial speech, both because there
are few places such signage is now allowed, and where allowed it is often too far removed from
willing listeners to be effective. I
I [n evaluating Freedom of Speech cases, the courts do not forget the right of speakers to reach willing listeners. Analysis of the
right to reach willing listeners in a public forum must begin with three observations: First, sellers and REAL TORS@ currently
have the legal right to put up temporary off-premises open house directional signs. Those off-site signs have traditionally played
an important role in the efficiency of our local real estate market, and in supporting the Federal Fair Housing amendments to the
Civil Rights Act Second, the Freedom of Speech implies the right to reach willing listeners, The freedom would mean nothing
if the City could require all communication to be made in places where nobody but the speaker was aware of the communication,
or where the effect of the regulations is so extreme as to eliminate all, or most all, opportunities to place an off-site real estate
sign within the City. Third, Washington's Constitution strongly favors remediation of violations rather than prophylactic prior
restraint on constitutionally protected commercial speech.
The right to communicate views to others on a street in an orderly and peaceable manner has been recognized by the United
States Supreme Court in Hague v. CLO.. 307 U.S. 496, 517(1939). In Us. v. Grace, 461 U.S. 17l, 177 (1982) the Court also
said: "It is also true that 'public places' historically associated with the free exercise of expressive activities such as streets,
sidewalks and parks. are considered, without more. to be 'public forums. ,.,
115
EXHIBIT__q -- --~
Real Estate Signs Are Also Increasingly ImportanRoAQEs 2 tOF___.a~~
National research studies demonstrate that 42% of all buyers used signs in locating the home
they purchased. Even more important, however, 17% of all of the buyers found the home they
purchased using ONLY the signs.
Those are national figures. The local data is also compelling. John L. Scott Real Estate, Inc.
(the second largest residential brokerage firm in Washington State and one of the largest firms in
the nation) engaged the services of Hebert Research (a well-known and highly regarded research
company located in Bellevue) to analyze the role of signs in the buying process. The Hebert
Company's research revealed the following:
In Western Washington, 50.5% of the buyers said that they found out about the open
houses they visited using the real estate signs (as opposed to using newspapers, their
agent, brochures, weekly reports, referral byfriends or family, television, or other
means).
It may also be worth noting that respondents who "... were 46-50 years old were
Significantly more likely to have found out about open houses by seeing signs when
driving around.. "
A more extensive outline of legal issues supported by that research were supplied to the full City
Council last week, prior to the referral of this issue to the Council's Committee.
Bill Hurme of John L. Scott's New Solutions Group summarized the results of research
conducted by the Company regarding two new home communities that the firm represented. The
first is in Renton, and the second is in Bellevue (on Cougar Mountain).
In Renton, 57% of the sales were to buyers who did not come to the site the first time with a real
estate agent accompanying them. In Bellevue, where the new homes were priced between half
In fact, the streets and sidewalks have consistently been considered a public forum. [n Perry Educ. Ass'n v. Perry Local
Educators' Ass'n, 460 U.S. 37,45 (1982) the United States Supreme Court said the streets are .....Quintessential public forums,
the l!overnment may not prohibit all communicative activity." See also: Burson v. Freeman, 504 U.S. 191 (1992); Boos v.
Barry, 485 U.S. 312 (1988). The Washington Supreme Court also considers these to be public forums. In the Collier decision,
Justice Guy, writing for the majority and relying upon Boos v. Barry, 485 U.S. 312 (1988), held that:
"The parking strips in which Collier and his supporters placed his political signs lie between the 'streets and sidewalks'
and thus are part of the 'traditional public forum: Because these places occupy a special position in terms of First
Amendment protection, the government's ability to restrict expressive activity is very limited. Boos v. Barry, 485 U.S.
312,318,99 L. Ed. 2d 333, 108 S. Ct. 1157 (1988)."
More recently, when confronted with municipal limitations on commercial speech in the form of signs, both the Washington
Supreme Court (in the Kitsap case) and both the Washington Federal District Court and 9th Circuit Court of Appeals (in the
BaUen case) have vindicated entitlements to more commercial speech and signage, not less. In those situations when speakers
have been denied these traditional public forums, the cases have tended to involve speech and conduct unlike anything associated
with the REAL TORS'@ placement of temporary open house signs; for example, cases involving intimidation, aggression,
physical contact and conduct blocking the sidewalk in front of an abortion cI~nic. Other cases, such as City Council v. Taxpayers
For Vincent, 466 U.S. 789 (1983) have involved stringing signs over utility wires, and posting of signs on utility poles. The
REAL TORS@ do not advocate such conduct.
116
EXHIBIT _ ~_n . ..~.~
and three-quarters of ~ million dollars, 83% were to buyers who diP ~~M;:t fi~
time with a cooperating real estate agent accompanying them.
Based on his experience of more than 20 years selling new homes, Mr. Hume estimates that:
"...fewer than half of the customers who have outside agents or buyer's
agents come to the community the first time with their agent. In fact. it's
almost certainly under 30%."
Many buyers use the off-premises directional signs to search independently for a home, and then
contact aREAL TOR@ to represent them only after they have identified a property in which they
are interested. The off-premise signs that direct them to the properties playa critical function in
this dynamic.
Finally, as it relates to buyers, there is one other group that makes extensive use of the signs:
First Time Buyers. Buying their first home is a big, big, step for many families. This is
especially true when the average sales price in King County (for single family homes and
condominiums combined) that closed last month (June 2008) was $502,727 (Data for June 2008
released earlier today by the NWMLS).
These kinds of prices can scare the daylights out of First Time Buyers. Not surprisingly, many
First Time Buyers prefer to tip-toe gently into the raging torrent of our current real estate market.
By using the off-premise signs to locate homes that are for sale (and which may be tucked away
in a cul-d-sac or on a dead end road far from any arterial street), they can attempt to get a sense
of the market at their own pace, instead of being in the car with an agent.
Real Estate Signage Plays a Critical Role in Fair Housing
Title VIII of the Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of
1988 embodies the simple and morally correct position that our communities should be open to
all people.
In December of 1988, the Federal Trade Commission issued a report entitled The Residential
Real Estate Brokerage Industry. That FTC report, which has been cited with approval by the
United States Supreme Court [see: Ladue (1994)], points out the important contribution ofreal
estate signs in opening communities to people in a way that is not discriminatory.
The basis for the FTC's conclusion is obvious: Real estate signs are not only an important,
inexpensive and effective mean~ of marketing real estate, they are also discrimination proof.
A real estate sign invites any person - regardless of race, creed, color, sex or national origin - to
locate and consider the purchase or rental of the property that is available if they can afford it.
The real estate signs make it impossible for any real estate broker, landlord, owner or
organization to deny that the property is available, and, hence, make discrimination substantially
impossible.
117
EXHIBIT ~~~ ." ~'
Safely-placed temporary Open House A-Board signs provide an ~~ rfssa'~"-"
about where, and how, to find the property that is available. As demonstrated above, and by the
materials submitted to the. City Council last week) that proposition clearly born out by the
available data.
The City should restore the right of sellers and REAL TORS@ to make effective use off-site
Open House signs because doing so facilitates achievement of the objectives of the Federal Fair
Housing act.
Consistency in Off-premises Real Estate Signage Regulations
Is Important For the Real Estate Industrv
The majority (if not most) of cities in King County allow placement of temporary off-site Open
House A-Board directional signs in, or on the periphery of, the right-of-way with the following
kinds of restrictions:
· They may not be placed on (or attached to) trees
· They may not be placed on (or attached to) foliage
· They may not be placed on (or attached to) utility poles
· They may not be placed on (or attached to) regulatory signs
· They may not be placed on (or attached to) directional signs
· They may not be placed on (or attached to) informational signs
· They may not interfere with vehicular, bicycle, wheelchair or pedestrian travel
· They must be outside of vehicular lanes
· They must be outside of bicycle lanes
· They must not block traffic views
· They may not block driveways
· They may not block curb cuts
· They may only be in place between dawn and dusk, and must be picked up at the end
of each day
· They may not exceed six square feet per side in area, and 36 inches in height
· They may not be used unless the (real estate) agent or seller is physically present at
the property that is for sale or rent.
These are all reasonable restrictions we can live with, and which the cities have a demonstrated
ability to live with. They strike a reasonable balance between the need of families to get their
homes sold, or to find a new home, and the cities' need for public safety. It is an approach that
has worked pretty well. We recommend and support such an approach.
Additionally, we note that such an approach is consistent with FWCC 22-1956 which includes
the following purposes of signage which have been acknowledged in ordinance by the city of
Federal Way:
o Recognize the visual communication needs of all sectors of the community for
identification and advertising purposes
118
EXHIBIT _~~
PAGE~F_~___
o Protect the public health, safety, and welfare by regulating the placement, removal,
installation, maintenance, size, and location of signs
.......,.....,..,;..--:..
o Support and enhance the economic well-being of all businesses within the city, and in
particular recognize the needs of all businesses to identify their premises and advertise
their products;
As an industry, we believe that in recommending and supporting such an approach, we have a
moral responsibility to try to meet cities at least halfway, and hopefully we can do even better
than that.
Part of our ability to do so means that our Association must recognize that we have an industry
with significant turnover. It1s been said that:
About a third of the people licensed by the state are on their way into, or are recent
additions to, our industry; and
Approximately an additional one third are solidly established in the business; and
The remaining one third are on their way out of the industry.
This Rule afThumb is probably not too far from the mark. The Multiple Listing Service
statistics indicate that over time, members have averaged about.3 (note: that's point three)
transactions per month. In other words, about one transaction every three months. Some will do
better, and some will not do that well. Recently, on average, it's probably been a bit less than
that.
The commission on that one transaction every three months is usually divided evenly between
the listing and selling brokerages. Typically, the agent receives one half of that apportioned
amount, or 25% of the total commission. With a typical commission on an averaged priced King
County home, the agent receives an average of about $2,513.64 per month.
That's before B&O taxes, E&O insurance, cell phone and pager expense, car expense, laptop
computers, PDAs, health insurance, mandatory continuing education expenses, MLS dues,
REAL TOR@ dues and personalized marketing expenses.
Obviously, some are doing much better than average, but many are not doing that well and are
forced by economic necessity to move on. Real Estate is a very tough industry with high
turnover.
One of the ways real estate agents are forced to respond to these economic realities is to "cover
more ground" and be extremely flexible about how far they will travel for work. As a result, in
the course of a single year an individual agent may work (list homes) in multiple jurisdictions
ranging from Marysville or Snohomish on the North, to Tacoma or Graham on the South. They
may also work between Snoqualmie on the East, and Federal Way or Normandy Park on the
West. Consistency in the sign code standards becomes very important in facilitating compliance
with city sign codes.
119
On the issue if signage, our Association tries to respond to these industry dynamics in three
ways:
EXHIBIT___q~_
P AGE-31-0F -a._~
First, we ask cities to adopt and retain more consistent standards regarding the right-of-
way so that new agents (or agents working outside the city in which their office is
located) don't have a significantly different set of sign code standards in each of the more
than 40 jurisdictions in the region in which our members work.. This is especially
important considering that in King County alone there are now at 39 incorporated cities.
In fact, we believe the only county in the nation with more local government jurisdictions
is Cook County (Chicago), Illinois.
Along with this White Paper we are providing the City with a document titled
"LANGUAGE FOR PROPOSED AMENDMENT" that we believe would address the
problems with the City's current approach to real estate signage, and do so in an
appropriate, balanced and constitutional way.
Second, we believe we have a responsibility to educate our members about the issues
of signage. We take that responsibility very seriously_ Examples of the kinds of efforts
we make include:
· Major lead articles in our industry newspaper, NW REporter, on safe sign
placement, and new legal developments,
· Articles on specific sign code requirements,
· "Broker Updates" stressing legal sign placement, safety for vehicular and
pedestrian traffic, and timely removal of open house signs;
· Targeted e-mail updates to our 8,000+ members.
We can target faxes to specific problem areas; and
· Distribution of information provided to our Association by City Code Compliance
Officers.
Third, we have established a new program to use peer pressure in concert, and in
cooperation, with city code compliance officers. And we've added staff that help to
ensure it works well.
Cities can levy a fine, pick up a sign, or otherwise hold folks accountable if a problem is
created. But candidly, we can offer an additional (and sometimes even more effective)
"hammer" to the compliance "tool kit" available to your City's code compliance officers
if they desire to make use of it. We have the systems in place to be of assistance.
In addition to any other appropriate City action, if a code compliance officer observes a
violation, the City's compliance officer can contact our Association's Public Affairs
Department. This is usually accomplished by calling or faxing David Crowell, the
Director of Government and Public Affairs. Phone: (425) 974-10 II. Fax: (425) 973-
1032.
120
EXHIBIT~4~-
Upon receipt of the information, David Crowell faxes a rB~almoSf' llitl~L~'~
to the offending agent's broker (the agent's boss) on Association letterhead, outlining the
specifics of the situation and telling them their agent is creating a problem for the rest of
the industry by engaging in sharp practices.
David also includes either a summary, or the actual text, of the city's relevant sign code
provisions. On behalf of the Association, we ask them to clean up their act, and
immediately correct the problem. The code compliance officer also receives a copy of
the letter so that he or she knows we have followed up quickly with the agent's Broker.
That's not the kind of paperwork Brokers like to see coming across their desk. They don't
appreciate an agent causing those kinds of problems. Brokers tend to respond to such
information by "aggressively rolling the stone downhill," so to speak. By including a
copy of the sign code provisions with David's letter, we also create the opportunity for
the broker to have a "teachable moment" with the agent about the requirements of the
sign code. (Having the entire real estate-related sign code provisions in a single section of
the City's sign code is especially helpful in this regard, even though that may make the
sign code appear to be longer).
Our use of peer pressure is an approach that works, not only because the self policing is
effective, but also because it provides the code compliance officers with an additional
option to deal with any problems efficiently. We respect the fact that a code compliance
officer's time is an asset, just like cash. In fact, the City pays for it with cash. Working
together we can help to make their job easier and free up that resource for other kinds of
city code compliance issues. David Crowell of the Association's staff can provide a
sample of the kind of form we've put together for those code compliance officers who
want to make use of this additional tool, as well as sample letters we've prepared to get
the Broker's attention, and ring the agent's bell.
We appreciate the opportunity to work with the City (both in addressing the new problems with
the City's approach to its sign code, and in offering specific language to address those problems
as they relate to real estate signs under FWCC) and to offer our assistance with our self-policing
peer pressure program should the City desire to make use of it.
Thank you for the opportunity to offer these comments.
Sincerely,
SEATTLE-KING COUNTY ASSOCIA nON OF REAL TORS@
~p~
Sam Pace, JD, MBA, GRI
Housing Specialist
121
Margaret Clark
From:
Sent:
To:
Subject:
Greg Fewins
Thursday, August 28, 2008 4:45 PM
Margaret Clark
FW: WebSite E-mail To City Council- response
EXHIBIT
PAGE
5
'-OF_2-
-- ~.
"'ill:
MC - would you please respond to this person with information about the planning commission
hearing coming up and in summary what our recommendation is. You might attach a copy of the
proposed code language.
Greg
-----Original Message-----
From: Brook Lindquist
Sent: Thursday, August 28, 2008 4:29 PM
To: COUNCIL
Cc: Greg Fewins; Neal Beets; Cary Roe; Mary McDougal
Subject: FW: WebSite E-mail To City Council - response
Greetings Council Members,
I received this comment through the website earlier this week. I will ask Greg and his team
to respond to this comment.
Thanks!
Brook
-----Original Message-----
From: Mehdi Sadri
Sent: Monday, August 25, 2008 4:41 PM
To: Brook Lindquist
Subject: WebSite E-mail To City Council - response
1. First and last name:
John W. Jacobi
2. Email address:
lenas~windermere.com
3. Phone number:
206/527-3801
4. Comments:
By way of introduction, I am the founder and owner of Windermere Real Estate. I have
been in the real estate business for 45 years. I read with interest the PSBJ article
regarding Federal Way's sign restrictions. Over the years, real estate professionals have
reached compromise with several other municipalities with similar code restrictions.
In Lake Forest Park, real estate agents can now place open house signs (A-boards) on
sidewalks and street corners only during the time of the actual open house. This would
1 122
normally fall on a Sunday between 1-4 pm or 2-5 pm, based upon the season. The agents were
asked to place their signs with special care to avoid damaging landscape or disrupting
traffic corridors.
Signs that don't meet these standards should carry fines for the offending office. (It seems
ridiculous to confiscate and destroy signs).
I urge the council to consider a code amendment that would satisfy all interests. Please feel
free to contact me if you want additional information.
John W. Jacobi
Windermere Services Co.
5424 Sand Point Way NE
Seattle, WA 98105
206/527-3801
email sent by Assistant Lena Shiraiwa:
lenas@Windermere.com
EXHIBIT ,.
PAGE_~~OF_~
"'-i(
-~
2 123
September 3, 2008
EXHIBIT ,
PAGE 'O~-
~-.-'
..
-
To: City of Federal Way Planning Commission
From Diana Noble-Gulliford, 2754 SW 314th_ St, Federal Way, WA 98023
Federal Way Resident since 1970
Historical Society of Federal Way President
Realtor Since 1980
Former City of Federal Way Planning Commissioner
RE: Amendments to Federal Way Sign Code Hearing
The Historical Society of Federal Way would like to be able to have on-site and off-site A-Boards that
would direct the public to the Historical Cabins on S 348th SL when the cabins are open for public tours.
The Barker Cabin has been restored and we have had the cabin open since May 2008 for fieldtrips and
public tours. Many visitors say they did not know the cabin was open, probably because we could not
place a sign that indicated we were open due to the current sign code of Federal Way.
The Society would also like to have the availability to have A-Boards directing the public to the Society's
new location at the Steel Lake Annex.
The Historical Society of Federal way is a non-profit, 501 C 3 organization that preserves the history of
the Greater Federal Way Area_ We are not a business or an open house for sale and therefore would
not be allowed to have A-Boards under your proposed or current sign code.
Under the proposed changes, only two signs shall be allowed per business or event and no person may
have more than two signs at anyone time for real estate open houses and public events.
Due to the street configuration in many neighborhoods 10 Federal Way, two signs would not be
adequate to direct traffic to an open house. Some homes need as many as six or more signs to direct
potential buyers to that home. Limiting the real estate agents to no more than two signs would not
accomplish the goal of marketing the home for sale to potential buyers.
The proposed hours allowing for signs from 10:00 AM to 3;00 PM is not practical. It may suit the hours
for Broker's Open Houses during the week, but falls short for Public Open Houses during twilight hours
and weekend open houses. Open houses for the public are usually from 12:00 - 5:00, with some
variation depending on the hours of the seller and the agent.
As the number of foreclosed homes that come on the market increase, the inventory becomes much
larger than a normal market and homes take longer to sell and home prices begin to take a drastic drop
in value. This kind of situation means that Realtors have to do much more marketing, such as public
open houses and broker's opens.
Open houses and signs are a way for potential buyers to find a home they are looking foe Signs have
always been the standard method for marketing homes for sale for decades. Nine out of ten buyers
come to the open house because of a sign.
124
In c1osinR, I encouraRe you to:
EXHIBIT ,
PAGE ~JF_a.
.........v=~
c- .-.~
Increase the number of allowed A-Board signs to at least 6 for each agent and open house
Change the number of hours A-boards are allowed from 10:00 AM to 9:00 PM
Allow non-profit organizations and businesses to have the ability to use A-Boards when they are open,
for events, fundraising, and programs.
Allow all organizations to place A-Boards near streets to remind people to vote
Allow all organizations to place A-Boards near streets to direct people to public meetings and public
hearings
125
COUNCIL MEETING DATE: October 21,2008
5.d.
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Amendment to Diversity Commission By-Laws
POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ACCEPT THE DIVERSITY .cOMMISSION BY-LAWS
AMENDMENT?
COMMITTEE: PRHSPS
MEETING DATE: October 14,
2008
CATEGORY:
[8] Consent
o City Council Business
D Ordinance
.
D Resolution
D
D
Public Hearing
Other
DEPT: Community Development
Services ~ar!!!.l~_I!!__
STAFF REpORT By: LYNNETTE HYNDEN, HUMAN SERVICES MANAGER
Attachments:
· Memorandum to PRHSPS Council Committee Dated October 2, 2008
Options Considered:
1. Recommend approval of the Amendment to the Diversity Commission By-Laws addressing attendance.
2. Do not recommend approval of the Amendment to the Diversity Commission By-Laws addressing
attendance.
3. To amend the proposed Amendment to the Diversity Commission By-Laws addressing attendance.
STAFF RECOMMENDATION: Option 1 is recommended.
CITY MANAGER APPROVAL:
DIRECTOR APPROVAL:
m-
Committee
@
COMMITTEE RECOMMENDATION: "I MOVE TO AP
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of option _"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
1 ST readi ng
Enactment reading
ORDINANCE #
RESOLUfION #
126
Memorandum
TO:
VIA:
FROM:
DATE:
CC:
RE:
PRHSPS Council Committee ~
Cary Roe, PE - Assistant City Manager - COO /{,~~
Lynnette Hynden, Human Services Manager "3'W'
October 2, 2008
Greg Fewins, Director, Community Development Services Department
Amendment to the Diversity Commission Bylaws
Background:
The Commission discussed reasonable attendance and whether the current Bylaws as
they read reflect the commitment that the members of the current Commission believe is
necessary to fulfill a member's obligation to the Commission. The decision was that
further clarification needed to occur and that the Bylaws needed to be amended.
Current the Bylaws read:
10. Attendance
a. A commissioner may be excused from a meeting by providing advance
notice to the commission chairperson, vice-chairperson or secretary.
b. In the event that any commissioner has three (3) or more unexcused, or
five (5) total absences during any twelve month period, the commission
may request that the City Council appoint a replacement for that
member. The Commission will, to the extent possible, identify an
alternate for appointment at the same time.
Option I:
To adopt the following changes to subsection 10 "Attendance" of the Diversity
Commission Bylaws:
9. Attendance
a. If a c'ommissioner misses three meetings (excused or unexcused) in a
consecutive 12-month calendar year period, the Human Services
Manager will notify the Chair.
b. The Chair may bring the results to the Commission and the
Commission may decide whether to recommend continued
participation by said commissioner.
c. If the Commission recommends that said commissioner is to be
replaced, then they will make that recommendation to the City Council
and request a replacement be appointed.
Option 2:
To amend the current Bylaws of the Diversity Commission by proposing other language
Option 3:
To not recommend amending the Bylaws of the Diversity Commission.
Staff Recommendation
127
Option 1: Adopt new language that addresses the concerns expressed by the
commissioners at the August 13,2008 business meeting.
Diversity Commission Recommendation
On September 10, 2008 the Diversity Commission approved staff recommendation and
proposes to adopt the new language from Option 1 which amends their By-Laws under
subsection 8 "Attendance."
128
COUNCIL MEETING DATE:
October 21, 2008
ITEM #: 5.e.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: EST ABUSH A TRAFFIC SAFETY FUND
POLICY QUESTION: Should the City Council enact the proposed ordinancecoditying Council direction
regarding expenditure of revenue received that might be received from Red-Light Photo Enforcement by
creating a Traffic Safety Fund?
COMMITTEE: FEDRAC
MEETING DATE: 9/23/08
CATEGORY:
J8:t Consent
o City Council Business
STAFF REPORT By: Patricia Richardson
Ordinance
o Resolution
o
o
Public Hearing
Other
DEPT: Law
---_._---_._----_._._-----~----------_._.._--_..._--_.----_._._._--~--_._._------_._--_._-----.--_._---------.--...---.----.-....------..-.-------..--.....---..-.----.---.-----.----.,--.
(--)
Attachments: Staff Report with attachments and Proposed Ordinance
tt'D Ct~ (\1\ SecliOY\.- Z-
Optlons.Conside.red: . I. ..Approve propose~()!':cli~aCl~o/flr:!.(I f()!:':v.a~d~oJh~(:ity(:ollncilmt:~tjng onOctobec7,.._...-,,
2008 for consideration and first reading;
2. Modity proposed ordinance and forward to the City Council meeting on October 7,
2008 for consideration and first reading;
3. Reject proposed ordinance.
. ----..-----------------------____________n__._________..,______'__~________~~____________~.___________.___..______..._________ ._._____._~_____.__
STAFF RECOMMENDATION: Approve Option 1
CITY MANAGER ApPROVA .
DIRECTOR ApPROVAL:
fM(
I
PROPOSED COUNCIL MOTlON(S): 1-0
1 ST READING OF ORDINANCE OCTOBER 7, 2008: [ move to forward the ordinance to a second reading for
enactment on the October 21,2008, consent agenda. tDetobe:r 2..\J We A .
-'> 2ND READING OF ORDINANCE (CONSENT AGENDA DATE): "[move approval of "
COUNCIL ACTION:
o APPROVED
o DENIED
.') ~ T ABLEDIDEFERREDINO ACTION r.l \
. \. / MOVED TO SECOND READING (ordinances only) \ V1 r1 0 ~
- VISED - 0210612006
(BELOW TO BE COMPLETED BY CiTY CLERKS OFFiCE)
COUNCIL BILL #
1 ST .-eading
Enactment .-eading
ORDINANCE #
RESOLUTION #
~
129
A
CITY OF ~
Federal Way
CITY ATTORNEY'S OFFICE
MEMORANDUM
DATE:
TO:
CC:
FROM:
SEPTEMBER 19,200&
C1TY COUNCIL MEMBERS
NEAL BEETS, CITY MANAGER
PA TRIClA RICHARDSON, CITY A TIORNEY
~~
SUBJECf: STAFF REPORT - TRAFFIC SAFETY FUND
The issue of Red-Light Photo Enforcement was presented to the Parks; Recreation, Human Setvices and Public
Safety Council Conunittee in February 2007. Council did not authorize Red-Light Photo Enforcement, but
directed staff to survey the citizens and return to Council with the results. In August 2007 staff reported that 85%
of citizens surveyed at the Farmers Market favored a one-year pilot program; 68% of the citizens voted on-line in
favor of the one-year pilot program; and 84% of the citizens 'participating by telephone favored the one-year pilot
program. Subsequendy, the City Council authorized a one-year Red Light Photo Enforcement Program
("Program") with specific direction: "if revenue is made, it is recommended to go back into traffic enforcement,
education and engineering." (Copies are attached for your convenience).
(
\~
Staff began negotiating the contract with American Traffic Solution for the Program; and identified the
intersections of S. 320th Street and Pacific Highway, and S. 348th Street and Enchanted Parkway as the two
intersections for the cameras. The intersections were selected based upon the history of traffic accidents.
One year later, in August 2008, the cameras were installed and a month long warning period began whereby
violators were not issued traffic tickets, but warned.
Thewaming period has recently expired. Consequendy, violators will now receive tnlffic tickets. As a result, the
City will most likely begin to receive revenue. .
Staff recommends that Council adopt the proposed ordinance to codify Council's 2007 direction and establish a
traffic safety fund for revenues received from the Program. The fund would track revenue from the Program and
limitthe expenditures for traffic safety. including maintenance and operations of existing traffic safety equipment.
K:\ordinance\2008\staff report traffic safety fund
c
,~
130
)
}
'---/
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, PROVIDING FOR THE
ESTABLISHMENT OF A TRAFFIC SAFETY FUND,
DEFINING ITS PURPOSE AND REVENUE SOURCES; AND
SPECIFYING THE FUNDS ADMINISTRATOR TO BE THE
CITY MANAGER OR HIS ORHER DESIGNEE.
WHEREAS, in 2007 citizens participating in surveys supported the implementation of a one-
year pilot program for Red-Light Photo Enforcement; and
WHEREAS, at the City Council meeting on August 21 ,2007 the City Council authorized a
pilot program for a Red-Light Photo Enforcement Program for the purpose of encouraging traffic
safety by reducing accidents at certain intersections; and
WHEREAS, the City Council also directed in August 2007 that revenue received from the
Red-Light Photo Enforcement Program be used for traffic enforcement, education and traffic
engineering; and
WHEREAS, the City implemented a one-month warning period whereby violators were
warned about the violation of running a red light but not issued a ticket; and may generate revenue
for the City of Federal Way; and
WHEREAS, during the one-month warning period approximately one thousand six hundred
violators were recorded on the installed cameras; and
WHEREAS, it is anticipated that the traffic tickets that will be issued pursuant to the
Program will generate revenue; and
ORD#
, PAGE 1
131
WHEREAS, the City Council finds that it is in the best interest of the citizens to establish a
"Traffic Safety FWld" for accoWlting that the revenue received from the Program js used for the
stated purposes; and
WHEREAS, aU revenue deposited in the Traffic Safety FWld will be used for the purpose
of funding prevention, education, and enforcement efforts to enhance traffic safety and
compliance with traffic control devices within the City, including maintenance and operation
costs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Establishment of Traffic Safety Fund.
There is hereby established, a fund to be known as the Traffic Safety Fuhd. All penalties
and fines collected in criminal traffic violations and those related to the operation of the Red-
n
'-.~j7
Light Photo Enforcement Program shall be paid into this fund. .
. SECTION 2. Use of Fund.
Funds collected for traffic safety shall be used for, but not limited to, vention,
(e.~ 1-0
education, and enforcement effort fficsafety and compliance with traffic control
devices within the City, including maintenance and operation costs.
SECTION 3. Administration of Fund.
The City Manager or his or her designee shan administer the fund.
SECTION 4. Severability.'
Should any section, subsection, paragraph, sentence, cla~e, or phrase of this chapter, or
its application to any person or situation, be declared Wlconstitutional or invalid for any reason,
,PAGE2
C')
ORD#
132
()
)
<7
such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby
declares that it would have adopted this chapter and each section, subsection, sentence, clauses,
phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections,
sentencbs, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 5. Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make necessary
corrections to this ordinance including, but not limited to, the correction of scrivener/ clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 6. Ratification. Any act consistent with the authority and prior to the effective
date 0 f this ordinance is hereby ratified and affirmed.
SECTION 7. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,2008.
CITY OF FEDERAL WAY
MA YOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
ORD#
, PAGE 3
133
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\Oridinance\2008\Traffic Safety fund
-" -.". ;.',' :: - -"' ~'::~-.',i;~1_~~) :c' :,':/</,*: :', ,..;,J;- :j;_:;-..;-_:.;~', '-:..",,"-_:,,~~; ,;.:, ~;.:~::..~ -~.';<' :>., :...~~.: :Z:i,.,~, :';:~;;:~~./-i;::"f~'1~,:'.?;:i~'~<:,''''-;:;:::-'..,.-J-,' '. "'~." :
ORD#
, PAGE 4
134
(( -)
\,-.~5'
~
COUNCIL MEETING DATE: October 21, 2008
ITEM #: 5.f.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Patrol Auto Theft Task Force
POLlCY QUESTION: Should the City of Federal Way participate with the 17 South King County and North
Pierce County Police and Sheriff Departments in the P.A. T.R. OL. Auto Theft Task Force?
COMMITTEE: Parks, Recreation, Human Services and Public
Department Council Committee
MEETING DATE: Oct. 14,2008
CATEGORY:
l2J Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
~!~I!~~,(lQ~!~Y:P~l:l~ty<:;I:1~~(~~YLI:I'Y~J:lgmm
Attachments:
1. PRHS&PS Memo
DEPT: Police Department
Options Considered:
1. Accept to participate in the P.A.T.R.O.L. Auto Theft Task Force
2. Reject participation
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL: ~
C nltee
LI 1.",_' ;0,' off .4 I . /. ' /0/*
DIRECTOR ApPROVAL: po v __ ~..,.-
Committee Council
COMMITTEE RECOMMENDATION: PRPS recommends Option_
Committee Member
PROPOSED COUNCIL MOTION: "I mov tproval for participation with the 17 South King County and North
Pierce County Police and Sheriff Departments in the P.A. T.R. OL. Auto Theft Task Force, and authorize City
Manager Neal Beets to sign the Interlocal Agreement
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
135
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
FROM:
October 14,2008
Parks, Recreation, Human Services & Public Safety Council Committee
Neal J. Beets, City Manager
Brian J. Wilson, Chief of Police
SUBJECT: Patrol Auto Theft Task Force
BACKGROUND:
The Washington Auto Theft Prevention Authority (W A TP A) approved an award of $1 ,030,000
for preventing Auto Theft through Operation Links (P.A.T.R.O.L.). The P.A.T.R.O.L. Task
Force is a regional auto theft task force comprised of 17 South King County and North Pierce
County Police and Sheriff Departments.
The Federal Way Police Department has been selected to provide the First Line Supervision for
the new program, as well as, support from the Bait Car Program. The grant, which was
previously accepted by the Federal Way City Council on August 18,2008, will provide re-
imbursement for the wages and benefits for the Lieutenant position to the extent of the contract
language.
This new program will be comprised of: 1 Supervisor; 6 Detectives; 1 Crime Analyst; 1
Prosecutor; 1 Paralegal; I Legal Assistant; 1 AFIS vehicle and operator.
The task force will be housed in a facility provided by the Des Moines Police Department located
at 272nd and Pacific Highway, in Des Moines.
The Kent Police Department will assume the fiscal responsibility.
136
\\cfwfile\users\pd\lynettealagenda bills\2008\prhs&ps memo's\patrol auto theti task force - oct 14, 2008 doc
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE
MUNICIPALITIES OF AUBURN, BEAUX ARTS VILLAGE, BONNEY
LAKE, BURIEN, COVINGTON, DES MOINES, FEDERAL WAY,
KENT, MAPLE VALLEY, NEWCASTLE, PACIFIC, RENTON,
SEATAC, SUMNER, TUKWILA, AND THE MUCKLESHOOT
RESERVATION, THE KING COUNTY SHERIFF'S OFFICE, THE
PORT OF SEATTLE, AND THE KING COUNTY PROSECUTOR'S
OFFICE FOR CREATION OF THE
PATROL AUTO THEFT TASK FORCE
I. PARTIES
The parties to this Agreement are the King County Sheriff's Office, the Port of
Seattle, the King County Prosecutor's Office, the Muckleshoot Reservation, and
the municipalities of Auburn, Beaux Arts Village, Bonney Lake, Burien,
Covington, Des Moines, Federal Way, Kent, Maple Valley, Newcastle, Pacific,
Renton, SeaTac, Sumner, and Tukwila, each of which is a municipal corporation
operating under the laws of the State of Washington. '
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of
the Revised Code of Washington.
III. PURPOSE
The parties hereto desire to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the laws relating to auto theft.
IV. FORMATION
There is hereby created a multi-jurisdictional team to be hereafter known as the
"PATROL Task Force", the members of which are named above (I. Parties). The
future admission or elimination of a jurisdiction as a member of the Task Force
may be accomplished by an addendum to this agreement.
V. STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have
experienced an increase in urbanization and population densities. The increase
137
in urbanization and population within the area has resulted in an increase in
crime associated with auto theft. The ability to address auto theft and the crimes
associated with it has stretched the resources of individual police department
investigative units.
Law enforcement efforts directed at dealing with auto theft issues have, for the
most part, been conducted by law enforcement agencies working independently.
A multi-jurisdictional effort to handle specific and complicated auto theft
investigations will result in more effective pooling of personnel, improved
utilization of funds, reduced duplication of equipment, improved training, and
development of specialized expertise, improved information sharing and
increased utilization/application of a combined auto theft task force. The results
will improve services for all of the Agencies, increase safety for the community,
and improve auto theft prosecution.
VI. TEAM OBJECTIVES
The assigned personnel from each Agency will form a combined investigation
task force that serves each of the Agencies' service areas. The PATROL Task
Force may also be available to outside law enforcement agencies as provided by
laws relating to mutual aid.
The objective of the PATROL Task Force shall be to provide enhanced and more
efficient use of personnel, equipment, budgeted funds, and training. The Task
Force shall respond as able and as approved by the Supervisor or Commander
when requested by any of the Agencies.
VII. DURATION AND TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its
adoption and pursuant to the grant period. This Agreement shall automatically
extend for consecutive one (1) year terms with reapplication and approval of the
Washington Auto Theft Prevention Authority (WAPTA) grant process.
A jurisdiction may withdraw its participation in the Task Force by providing written
notice of its withdrawal, and serving such notice upon each Executive Board
member of the remaining jurisdictions. A notice of withdrawal shall become
effective ninety (90) days after service of the notice on all participating members.
The Task Force may be terminated by a majority vote of the Executive Board.
Any vote for termination shall occur only when the police chief of each
participating jurisdiction is present at the meeting in which such vote is taken.
VIII. GOVERNANCE
The affairs of the Task Force shall be governed by an Executive Board ("Board"),
whose members are composed of the police chief, or his/her designee, from
138
each participating jurisdiction. Each member of the Board shall have an equal
vote and voice on all Board decisions. All Board decisions shall be made by a
majority vote of the Board members, or" their designees, appearing at the meeting
in which the decision is made. A majority of Board members, or their designees,
must be present at each meeting for any actions taken to be valid. A presiding
officer shall be elected by the Board together with such other officers as a
majority of the Board may decide.
The Board shall meet monthly, unless otherwise determined by the Board. The
presiding officer, or any Board member, may call extra meetings as deemed
appropriate. The presiding officer shall provide no less than forty-eight (48)
hours notice of all meetings to all members of the Board; PROVIDED, however,
that in emergency situations, the presiding officer may conduct a telephonic
meeting or a poll of individual Board members to resolve any issues related to
such emergency.
The Task Force written policies, regulations, and operational procedures shall
apply to all operations. Thus, to the extent that the written policies, regulations,
and operational procedures of the Task Force conflict with the policies,
regulations, and operational procedures of the individual jurisdictions, the Task
Force written policies, regulations, and procedures shall prevail.
IX. STAFF
Upon establishment of this agreement, the following staff shall serve at the
pleasure of the Board; provided that the Board may, by majority vote, change,
eliminate or add staff positions as deemed appropriate. A staff member of the
Task Force may be removed from his or her position for any reason by majority
vote of the Board or by the chief/sheriff of the participating agency of whom he or
she is employed.
Commander: A Task Force Commander, with the rank of Lieutenant,
Commander or Captain (or command level equivalent) from his/her respective
Agency shall be appointed by the Board. The Commander shall act as principal
liaison and facilitator between the Board and the members of the Task Force.
The Commander shall operate under the direction of the presiding officer of the
Board. The Commander shall be responsible for informing the Board on all
matters relating to the function, expenditures, accomplishments, and challenges
of the Task Force.
The Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the Task Force. In addition, the Commander
shall be responsible for presenting rules: procedures, regulations, and revisions
for Board review and approval.
Task Force SupeNisor: A Task Force SupeNisor with the rank of Sergeant or
equivalent from his/her respective Agency shall be appointed by the Board. The
139
Task Force Supervisor shall act as the first level supervisor for the task force and
shall report directly to the Commander.
Task Force Detective: The Task Force shall consist of six (6) detectives
assigned from various participating agencies. The agencies which provide
detectives will be determined by the Executive Board at the beginning of each
year.
Crime Analyst: The Task Force shall consist of one (1) crime analyst provided by
one of the participating agencies. The Executive Board will determine which
agency provides this position.
Prosecutor/Paraleqal: The Task Force shall consist of one (1) prosecuting
attorney and one (1) paralegal provided by the King County Prosecutor's Office.
This direct access will improve communication and prosecution of auto theft
cases investigated by the Task Force.
AFIS Examiner: The Task Force shall consist of one (1) AFIS Examiner and
vehicle. This will be provided from The King County Sheriff's Office and will be
available to assist the Task Force and the ATTACK auto theft task force when
needed.
All rights, duties, and obligations of the employer and the employee shall remain
with the contributing jurisdiction. Each jurisdiction shall be responsible for
ensuring compliance with all applicable laws with regard to employees and with
provisions of any applicable collective bargaining agreements and civil service
rules and regulations.
The Board will appoint the finance department of the Task Force Commander's
agency to manage the finances of the Task Force. The duty of managing the
finances of the Task Force shall be rotated to other participating jurisdictions in
concurrence with the appointment of the Task Force Commander and at the
discretion of the Board.
X. EQUIPMENT, TRAINING, AND BUDGET
Equipment, Training, and Expenses will be paid by the Task Force as outlined in
the WAPT A grant and through the managing agency's finance department.
Those expenses not outlined in the grant will be the responsibility of the incurring
agency and/or their personnel. As outlined in the W APT A grant, each
participating agency must provide a monthly expenditure to . the managing
agency's finance department for any reimbursements through the WAPTA grant.
140
XI. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
The participating jurisdictions agree to equally share responsibility and liability for
the acts or omissions of their participating personnel when acting in furtherance
of this Agreement. In the event that an action is brought against any of the
participating jurisdictions, each jurisdiction shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The
jurisdictions shall share equally regardless of the number of jurisdictions named
in the lawsuit or claim or the number of officers from each jurisdiction named in
the lawsuit or claim. This section shall be subject to the conditions and
limitations set forth in subsections A through G below.
A. Jurisdiction Not Involved In Task Force. In the event that a
jurisdiction or its personnel were not involved in the Task
Force during an incident that gives rise to a claim or lawsuit, and
judgment on the claim or lawsuit does not, in any manner, implicate
the acts of a particular jurisdiction or its personnel, such jurisdiction
shall not be required to share responsibility for the payment of the
judgment or award.
B. Intentionally Wrongful Conduct beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require
indemnification or sharing in the payment of any judgment against
any Task Force personnel for intentionally wrongful conduct that is
outside of the scope of employment of any individual or for any
judgment of punitive damages against any individual or jurisdiction.
Payment of any award for punitive damages shall be the sole
responsibility of the person or jurisdiction that employs the person
against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may
retain joint legal counsel to collectively represent and defend the
jurisdictions in any legal action. Those jurisdictions retaining joint
counsel shall share equally the costs of such representation or
defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorney fees accrued
by its individual representation or defense.
The jurisdictions and their respective defense counsel shall make
a good faith attempt to cooperate with other participating
jurisdictions by, including but not limited to, providing all
documentation requested, and making Task Force members
141
available for depositions, discovery, settlement conferences,
strategy meetings, and trial.
D. Removal from Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee
from a lawsuit by summary judgment, qualified immunity, or
otherwise, the jurisdiction shall nonetheless be required to pay its
equal share of any award for or settlement of the lawsuit;
PROVIDED, however, that in the event a jurisdiction or employee is
removed from the lawsuit and subsection (A) of this section is
satisfied, the jurisdiction shall not be required to pay any share of
the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the
jurisdictions act in good faith on behalf of each other in conducting
settlement negotiations on liability claims or lawsuits so that,
whenever possible, all parties agree with the settlement or, in the
alternative, agree to proceed to trial. In the event a claim or lawsuit
requires the sharing of liability, no individual jurisdiction shall be
authorized to enter into a settlement agreement with a claimant or
plaintiff unless all jurisdictions agree with the terms of the
settlement. Any settlement made by an individual jurisdiction
without the agreement of the remaining jurisdictions, when
required, shall not relieve the settling jurisdiction from paying an
equal share of any final settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51 .
G. Insurance. The failure of any insurance carrier or self-insured
pooling organization to agree to or follow the terms of this section
shall not relieve any individual jurisdiction from its obligations under
this Agreement.
XII. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction
or its employees for actions arising out of their conduct in support of Task Force
operations, the jurisdiction shall promptly notify the other jurisdictions that the
claim or lawsuit has been initiated. Any documentation, including the claim or
legal complaints, shall promptly be provided to the Executive Board.
Any jurisdiction or member who believes or knows that another jurisdiction would
be liable for a claim, settlement, or judgment that arises from a Task Force action
or operation, shall have the burden of notifying the Executive Board of all claims,
lawsuits, settlements, or demands made to that jurisdiction. In the event a
142
participating jurisdiction has a right, pursuant to section XIII of this Agreement, to
be defended and held harmless by another participating jurisdiction, the
jurisdiction having the right to be defended and held harmless shall promptly
tender the defense of such claim or lawsuit to the jurisdiction that must defend
and hold the other harmless.
XIII. COMPLIANCE WITH THE LAW
The Task Force and all its members shall comply with all federal, state, and local
laws that apply to the Task Force.
XIV. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all
participating jurisdictions and such alteration, amendment, or modification shall
be effective when reduced to writing and executed in a manner consistent with
paragraph XVI of this Agreement.
It is recognized that during the course of operations, it may become necessary to
alter the terms of this Agreement to provide for efficient operation of the Task
Force and to meet the goals of the Task Force. It is further recognized that the
Board has the expertise necessary to provide for the efficient operation of the
Task Force. To that end, t,he Agencies agree that changes may be made to this
agreement, or addendums added to this agreement, without prior approval of the
legislative bodies of the Agencies on the condition that such changes or
addendums shall be effective only by a unanimous vote of all members of the
Board.
XV. FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of the
respective participating municipalities, and such other governmental agencies as
may be required by law.
XVI. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalid
by any court of competent jurisdiction; such adjudication shall not affect the
validity of any remaining section, part, or provision of this Agreement.
XVII. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by
its duly authorized representative and pursuant to an appropriate resolution or
ordinance of the governing body of each participating jurisdiction. This
Agreement shall be deemed effective upon the last date of execution by the last
143
so authorized representative. This Agreement may be executed by counterparts
and be valid as if each authorized representative had signed the original
document.
By signing below, the signor certifies that he or she has the authority to
sign this Agreement on behalf of the jurisdiction, and the jurisdiction
agrees to the terms of this Agreement.
Mayor, City of Auburn
Date
City Attorney, City of Auburn
Date
City Clerk, City of Auburn
Date
Mayor, City of Beaux Arts Village
Date
City Attorney, City of Beaux Arts Village
Date
City Clerk, City of Beaux Arts Village
Date
Mayor, City of Burien
Date
City Attorney, City of Burien
Date
City Clerk, City of Burien
Date
Mayor, City of Covington
Date
City Attorney, City of Covington
Date
City Clerk, City of Covington
Date
Mayor, City of Des Moines
Date
City Attorney, City of Des Moines
Date
City Clerk, City of Des Moines
Date
144
City Manager, City of Federal Way
Date
City Clerk, City of Federal Way
Date
Mayor, City of Auburn
Date
City Clerk, City of Auburn
Date
Mayor, City of Beaux Arts Village
Date
City Clerk, City of Beaux Arts Village
Date
Mayor, City of Burien
Date
City Clerk, City of Burien
Date
Mayor, City of Covington
Date
City Clerk, City of Covington
Date
Mayor, City of Des Moines
Date
City Clerk, City of Des Moines
Date
City Attorney, City of Federal Way
Date
City Attorney, City of Auburn
Date
City Attorney, City of Beaux Arts Village
Date
City Attorney, City of Burien
Date
City Attorney, City of Covington
Date
City Attorney, City of Des Moines
Date
145
COUNCIL MEETING DATE: October 21,2008
ITEM #: __ 5.g.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WEST CAMPUS TRAIL TREE REMOVAL
POLICY QUESTION Should the City accept tree removal bid and authorize the Assistant City Manager
to enter into a contract with the successful bidder?
COMMITTEE: PRHSPS
MEETING DATE: Oct 14,2008
CATEGORY:
[8] Consent
D City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other:
DEPT: PRCS
~!~~!_~!>'Q:'!!}~X:~_!~Pl:t~_~_~~~~~~~~_~_!'~~i!i_!i~~M_~~~~~~__________
History: Council approved a work plan to remove trees along a section of the West Campus Trail north ofSW
225th PI and to replant the greenbelt with more suitable tree varieties. Following the September 16th Council
meeting, staff mailed 76 letters of Notice to neighboring property owners informing them of the work plan. Staff
received two replies, which were both in agreement and pleased with the proposed work plan. Since there were
no other concerns raised within a week of sending the notice, bids were solicited.
Bid Result: Staff solicited quotes from 6 qualified companies off the Small Works Roster and only Thundering
Oak Enterprise submitted a bid of $49,000 plus $4,410.00 tax for a total contract amount not to exceed
$53,410.00. This project will be funded out of the Major Maintenance account which has a balance of $291,000.
Options Considered: NA
STAFF RECOMMENDATION: Staff recommends Council accept the bid from Thundering Oak Enterprise and
authorize the Assistant City Manager to execute a contract for tree removal services in the amount of$53,410.00.
CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ ~
roco:7: ~
Committee Member
COMMITTEE RECOMMENDATION:
ROPOSED COUNCIL MOTION: "[ move approval to -accept the tree removal bid from Thundering Oak
Enterprise and authorize the Assistant City Manager to execute a contract for services in the amount of
$53,410.00.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDfNO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
146
COUNCIL MEETING DATE: October 21,2008
ITEM #: 5.h.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ASPHALT PATH REPAIR
POLICY QUESTION Should the City accept asphalt path repair bids and authorize the Assistant City Manager
to enter into a contract with the successful bidder?
COMMITTEE: PRHSPS
MEETING DATE: Oct 14, 2008
CATEGORY:
~ Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other:
_~!'~~X.~~Q~!.~~-=_~!~ph~~_ Ik~~_~,_~~~~~. F~~ili!.~~_~~~~g~E________________________~~~~~~~~~_~_______________
History: Staff is recommending repairs to 3 Parks with asphalt paths that have suffered damage from tree roots or
other weather related factors. Park Operations is in the process of mitigating the root problems and have received
bids to repair the paths at West Campus Trail, Palisades Park and Wildwood Park.
Bid Result: 9 companies from the Small Works Roster were invited to bid and 3 responded. See attachment for
complete bid results. Each contractor was clearly informed that the City reserved the right to split the sites into
more then one contract if there was a significant advantage.
Split award recommendation:
NW Asphalt to be awarded West Campus Trail & Palisades Park for a total including tax; $44,354.83
A.C. Moate to be awarded Wildwood Park for a total including tax; $32,793.74
The combined total including tax, for these two contracts is $77,148.57. This project will be funded out of the
Major Maintenance account which will have a balance of$237,590 after the West Campus Tree removal project is
subtracted.
Qe.~!~!!~f~_!~!~~E~_~:~~~_~_~~!h~~ip.h~~.!ds ~~g_~~E~P~E~~:________._________________
STAFF RECOMMENDATION: Staff recommends Council accept the bids from NW Asphalt and A.C. Moate and
authorize the Assistant City Manager to execute two separate contracts for asphalt path repairs for a grand total of
$77,148.57
ROPOSED COUNCIL MOTION: "[ move appr . al to accept the asphalt path repair bid from NW Asphalt and
A. C. Moate and authorize the Assistant City Manager to execute two separate contracts for services in the total
amount of$77,148.57.
DIRECTOR ApPROVAL: $J: ~~
to Committee:- ~
CITY MANAGER ApPROVAL:
COMMITTEE RECOMMENDATION:
Committee Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDffiEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
147
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
A Federal Way
Parks and Facilities Division
Date:
To:
October 14, 2008
PRHSPS Council Committee
Via:
From:
Subject:
Neal Beets, City Manager ... AlA
Cary Roe, Assistant City Manager (Yv" ~
Stephen Ikerd, Parks & Facilities Manager .zts::-
Asphalt path repair
Below are the bid results for asphalt repairs at 3 City Parks. By splitting the sites and
awarding the contracts to two different Companies, the City will realize a $ 6,467.00
savings from the lowest package price.
West earn us Trail
total package price with tax
$94,463.91
$37,332.50
$17,892.35
$45,534.75
$100,759.60
$39,260.93
$83,615.76
Palisades Park
Wildwood Park
148
COUNCIL MEETING DATE: October 21, 2008
ITEM # 6.a.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENT TO THE PLANNING COMMISSION
POLICY QUESTION: Should the City Council appoint members to the City's Planning Commissions?
COMMITTEE: Nt A
MEETING DATE: N/A
CATEGORY:
D Consent D Ordinance D Public Hearing
[8J City Council Business D Resolution D Other
ST~~ REpOR'!'JJY:_SarollV!cN~!l!Y-L_~~}_!X Cl~~__.______.________~~!T: ~anag~ment ~!~ces.___
Attachments: Nt A
Background: The Planning Commission is comprised of seven regular members; one alternate
currently serves. Members serve four-year terms, which expire September 30. The Commission meets
on the first and third Wednesdays of each month at City Hall.
Three Commissioners have terms that expired on September 30, 2008. Two Commissioners are seeking
re-appointment, and one alternate Commissioner is seeking appointment as a regular Commissioner.
The City Council will conduct a special meeting on October 21, 2008, to interview candidates for appointment to
the Planning Commission.
Options Considered:
1. Approve the recommended appointments to the Planning Commission.
2. Direct staff to re-advertise the vacancies.
CITY MANAGER ApPROVAL:
N/A
DIRECTOR APPROVAL:
N/A
N/A
Council
Committee
Council
Committee
PROPOSED COUNCIL MOTION: I move appointment to the Planning Commission as follows;
Appoint
Appoint
Appoint
as a regular member, with a term expiring September 30, 2010
as a regular member, with a term expiring September 30,2010
as a regular member, with a term expiring September 30, 2010
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDfNO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
149
COUNCIL MEETING DATE: October 21, 2008
ITEM #(P b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENT TO THE DIVERSITY COMMISSION
POLICY QUESTION: Should the City Council appoint members to the City's Diversity Commissions?
COMMITTEE: NI A
CATEGORY:
D Consent
[8J City Council Business
MEETING DATE: N/A
D Ordinance
o Resolution
D
o
Public Hearing
Other
ST AF.::~:JU~.~9.RT ~Y-=-_~_~!Q!}1c!ieill)', Gity Clerk_.________.____________~~PT~~~~.~~~men~ S~~c~~____.__
Attachments: NI A
Background:
The Diversity Commission is comprised of nine regular members and one alternate. Members serve three-year
terms. The Commission meets the 2nd Wednesday of each month at City Hall.
On July 24, 2008, the city received a resignation notice from one of the Commissioners, causing a vacancy on the
Commission. An appointment to fill the remainder of the unexpired term, ending May 31, 2009, is needed.
The City Council will conduct a special meeting on October 21, 2008, to interview candidates for appointment to
the Diversity Commission.
Options Considered:
1. Approve the recommended appointments to the Diversity Commission.
2. Direct staff to re-advertise the vacancies.
CITY MANAGER ApPROVAL:
N/A
Committee
DIRECTOR ApPROVAL:
N/A
N/A
Council
Conunittee
Council
PROPOSED COUNCIL MOTION: I move appointment to the Diversity Commission as follows;
to serve the remainder of an unexpired term ending May 31, 2009.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
150
COUNCIL MEETING DATE:
October 21, 2008
ITEM #: 6~c._
"~'_"_'_,'___""_...__m_......_...._........._....._._.__._.._._~.__....____._..___.........________......__________..__.__._.__..__..__.__............._________.____._.____......_.__..........._.__...._....__.....__...._..____.__....__._______...
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CHRISTY'S CROSSING SETTLEMENT AGREEMENT
POLICY QUESTION: SHOULD THE CITY APPROVE AN AGREEMENT TO MITIGATE TRAFFIC IMP ACTS OF A
DEVELOPMENT IN UNINCORPORATED KING COUNTY?
COMMITTEE: EXECUTIVE SESSION
MEETING DATE: September 16,
2008
CATEGORY:
o Consent
IZI City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~_FF REp~RTl!Y~_~~K p~~z,~:-g:~~ILI~~~~ E~Q~~E~______._____~~_~~~~_~?!!~_~~~I:>_________________
Attachments: Draft Agreement
Options Considered: 1. Appr.ove the attached agreement
2. Renegotiate the agreement
3. Deny approval of the agreement
-----.---..----..---.--.--.---------.----------.---------..--.----....--..----.--.--.....--.....-.----.----....-------...---...--------.-.....--'-.--..
STAFF RECOMMENDATION: Staff recommends Option 1.
DIRECTOR ApPROVAL:
CITY MANAGER ApPROVAL:
COMMITTEE RECOMMENDATION:
Chair
Member
Member
PROPOSED COUNCIL MOTION: "I move approval of the Settlement Agreement for Christy's Crossing plat in
King County. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
151
~
CITY OF ~
Federal Way
Settlement Agreement
llllllth",
THIS AGREEMENT ("Agreement") is dated effective this _ :~~' 2008. The
parties ("Parties") to this Aweemeot are the City of Federal Way, a,' > ,'. .. 1 corporation of the State of
Washington ("City"), and Christy Family, LLC, a limited liability,~~~ora "Property Owner").
A. The Property Owner owns certain real property h. ,~thin unin rated King County
("King County") and more particularly described in EXh.I"..~. it' A, attac. hed hereto an rporated by this
reference ("property")'jjdllll 11 111"11
B. The Property Owner has applied to King County ion of two lots
into one-hundred eleven single family lots, to be known as f;' s Crossing, and pursuant to King
County Application Number LOPOO 17 ("Pe "t Application"). 111111
C. The proposed preliminary plat is app 8.75 acres i~ j!\1d includes on-site and off-
site improvements consisting of roadway and I "mprove. . ' regulated wetlands, as well
as recreation open space to be located on the Pr I JP~nt is.more particularly described
in the documents and recor~nU1Ynlfile with Kin I,. ty in ction with the Permit Application
("Proposed Development" 11111 'llllll 1.1
~=~[J~~~r~~oo sub .. an ~::e'":ii~~:::O~~~~:~l~ f~::m ~~; ~~:i. :
E. !'~ead agenc g County began its environmental review and determined that
the P Application wo mcant adverse impact to the intersection of State Route 18
(S 3'~ i r; and State R nted Parkway S), located within the City, pursuant to King
County Co . q~180.
F. pursuan~
with the City to det
e SEP A
I~~
G. The City requ , a additional analysis of this and other intersections within the City impacted by
more than 10 evening' peak hour trips, pursuant to the City's "Guidelines for the Preparation of
Transportation Impact Analyses".
H. Based on its analysis and review of the Technical Memorandum prepared by Transportation
Solutions, Inc., dated July 8, 2008, the City determined that the Proposed Development will, without
specific mitigation, result in an adverse impact to traffic within the City along the Enchanted Parkway S
(SR 161) corridor (S 356th Street from SR 99 to SR 161 and S 352nd Street from SR 99 to SR 161 TIP
projects). To accommodate increased traffic levels and mitigate direct impacts of the Proposed
Christy's Crossing Agreement
Federal Way File #07-106120-IA
Doc. 1.0. XXXX
152
Development, the City determined that a $25,276.00 pro-rata share contribution should be paid to the City
of Federal Way.
I. The City and the Property Owner wish to avoid uncertainty and consequent delay of the King
County SEP A and subdivision approval processes concerning the Proposed Development, and of any
subsequent appeal process, and therefore have voluntarily entered into this Agreement.
Now, THEREFORE, the Parties agree as follows:
1. Traffic Impact Mitigation.
Prior to recording of the final plat, Property Owner shall p ity the sum of Twenty-five
Thousand Two~Hundred Seventy-six Dollars and no/lOO dolla~~1 5. 0) to mit~gate significant
adverse traffic impacts from the Proposed Development.. S h..~ u~llla . e nurri f lots ill the Proposed
Development be increased above 111, the total funds theY~\Owner s y the City shall be
increased on a pro-rata basis ($227.63 per lot). Should t ,U.hmbei'of lots in the ed Development
be reduced below 111, the total funds the Property 0 .. all pay the City shall be r op. a pro-rata
basis ($227.63 per lot). The City of Federal WayagrQe! osit thJ~~fun.ds in the Cap lfuprovement
Fund administered by its Public Works Department, and t n~M'fU\lds on the Ci S 356th Street
from SR 99 to SR 161 and/or S 352nd Street from SR 99 to 1 TIP projects. The Property Owner
understands and agrees that the timing of Q struction of this c roject is subject to budgetary and
other constraints, and agrees that the City 0 al Way may ex he funds on this specific project
regar:1e::::::;:: project is ultimately co I 111111111111111. , IIP~'
In consideration liance with'l l~~eement,m~:~:ing payment of identified impact
fees and satisfaction oft the City of eral Way agrees not to file a SEP A appeal, and
document to King ~ ty's adopted S lstandards are being met with the Proposed
Development. lill
In nn 11111111111111111
3. Mo'
.<dSihe Property . ~flccordance with all applicable federal, state or local laws)
mod~ I oPOsed Devel t in a er so as to warrant or require reevaluation IUlder SEP A, or
should mo tion to the Pr ed Dtl elopment result from any administrative determination, quasi-
judicial, or j. determinati issued as a result of any appeal of the SEP A determination, the City
shall receive ti notice of id modifications to allow the City to provide its comments to be
incorporated into bl~... e..w.. ..,d modified SEP A determination issued by King County and to be
incorporated into this !1J'I~~nt.
4. Term.. il
The term of this Agreement shall commence upon the effective date of this Agreement and
terminate upon payment of the Traffic Impact Mitigation Fee.
5. Indemnification.
The Property Owner agrees to indemnify and hold the City, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without
Christy's Crossing Agreement
Federal Way File #07-i06120-IA
Doc. l.D. XXX)(
153
limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected
with this Agreement except to the extent caused by the sole negligence of the City.
6. General Provisions.
6.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
6.2 Modification. No provision of this Agreement may bRI~ded or modified except
by written agreement signed by the Parties. . . .,dlllll". I, . ..
6.3 Full Force and Effect. Any provlSlon of thiS :ft~em lCh is declared mvahd or
illegal shall in no way affect or invalidate any other proVlq\On here such other provisions
shall remain in full force and effect.llllllllha~" I, I~.
6.4 Assignment. The Property Owner I not tran;. er or assign, in · . II . or~jn part, any
o~ all of .its respective obligations and rightsl . der witHt t.he prior wn \IIlnsent of the
City, which consent shall not be unreasonably Wit Ill. .h1\, t
6.5 Successors in Interest. . bsection, the rights and obligations
of the Property Owner and the t of and be binding upon their
respective successors in interest, heilllllll'\
Its .9n the performance of any of the
Weement in the hands of an attorney,
attorn ' fees, costs and expenses. The venue
e King County, Washington.
6.10 Notices. Any notices required to be given by the Parties shall be delivered to the
Parties at the addresses set forth below. Any notices may be delivered personally to the
addressee of the notice or may be deposited in the United States mail, postage prepaid, to the
address set forth below. Any notice so posted in the United States mail shall be deemed received
three (3) days after the date of mailing.
Christy's Crossing Agreement
Federal Way File #07-i06120-IA
Doc. I.O. XXXX
154
City of Federal Way
Department of Community Development Services
33325 8th Avenu.e South
PO Box 9718
Federal Way, WA 98063-9718
Attn: Deb Barker, Senior Planner
Christy Family, LLC
PO Box 330 llllllh~ll
Milton, W A 98254 .I~' t,
lllllh
6.11 Captions. The respective captions of the sec!Htll~ 0 mlo greement are inserted for
convenience of reference only and shall not be deeme~l~. modi~ therwise affect in any
respect any of the provisions of this Agreement. 1IIIlllllh'", '. IIIII
6.12 Performance. Time is of the es~of thisllAgreement and ~
provisions in which performance is a facta. erence tD. completion dat
performance under this Agreement. IIII lllllllhlt, I
6.13 Remedies Cumulative. IhnY remedies provi~ill:~Clr under the terms of this Agreement
are not intended to be exclusive, bll~~ be cumulativ;~ I otlier remedies available to the
City at law, in equity or by statute. IUUIIllll1
6.14 Com liance with Ethics Co If a HIUtUft thr ity's Ethics Resolution No. 91-
54, as amended, o.cc a result of th1fb. ~iion a,pbrformance of this Agreement, this
Agreement may b~ ull and VOid"t the City's q Ion.
6.15 cod Agreement J?e executed in any number of counterparts,
which counterpa .vely constitut g entire Agreement.
I rth i~~UUJlIIUlIIIIII
~11111111I11'" CITY OF FEDERAL WAY
.i By:
~4 all of its
I essential to
Neal J. Beets, City Manager
33525 8th Avenue South
PO Box 9718
Federal Way, WA 98063-9718
A TIEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
Christy's Crossing Agreement
Federal Way File #07-106I20-IA
Doc. to. XXX)(
155
Christy Familv LLC
Authorized Corporate Signature
On this day personally appeared before me
of
instrument, and acknowledged the said instrument it
corporation, for the uses and purposes therein mentioned,
execute said instrument and that the seal affixed, if any, is the
GIVEN my hand and official seal th:!1I
,
)
) ss.
)
(Typed name and position at ~hristy Family, LLC.)
1llIUllhlll
1,,!llllIIIIII
'Ill" , II~II~
that ex thF foregoing
e free ... 4 voluntary act I~eed of said
o p. ... ~d that he/she s authorized to
te seal of said corporation.
STATE OF
COUNTY OF
2008.
I~ll'
'.I.IIIIlUUIIl
II .
Exhid~llh
A: Le~~esCriPtion
IIIIII1I1
. 1~1~11l111111
.1
Christy's Crossing Agreement
Federal Way File #07-106120-IA
Doc. 1.0. XXXX
156
COUNCIL MEETING DATE:
October 21, 2008
ITEM #: 6.d.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2009/2010 Human Services Commission Funding Recommendations
POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ACCEPT THE HUMAN SERVICES COMMISSION
FUNDING RECOMMENDATIONS FOR 2009/201 O?
COMMITTEE: PRHSPS
MEETING DATE: October 14,
2008
CATEGORY:
[8] Consent
o City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
DEPT: Community Development
Services Departl!lent ______._
STAFF REpORT By: L YNNETIE HYNDEN, HUMAN SERVICES MANAGER
Attachments:
· Memorandum to PRHSPS Council Committee Dated October 2, 2008
· 2008 Human Services Commission Funding Recommendations for 2009-2010
· Housing & Human Services Five Year Strategy Plan
· Exhibit A: Public testimony documents.
Options Considered:
1. Recommend approval of the 2009-2010 Human Services Commission Funding Recommendations.
2. Do not recommend approval of the 2009-2010 Human Services Commission Funding
Recommendations.
3. To amend the proposed 2009-2010 Human Services Commission Funding Recommendations.
-----..--.--.---.-----...--..-.-------.--------..-.-.-..-------.-------..-.----..-...---.-------..------..----"------------.-------..--
STAFF RECOMMENDATION: Option 1 is recommended.
CITY MANAGER APPROVAL:
DIRECTOR ApPROVAL:
~
Committee
(ffi)
COMMITTEE RECOMMENDATION: "J MOVj: TO APP
~~ ~ 1"" ....q,~ '-l~~~. 1~' ,.
~~e.,~'-' _ 0
" ~u.Y'i\ \ ~\,lv ~\o{~L
tu ~\ C..J.x~r, \ t..:J~ t\\....\\w\- <;....
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of option _"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
157
~
CITYOF ~
Federal Way
MEMORANDUM
DATE:
TO:
FROM:
VIA:
CC:
SUBJECT:
October 2, 2008
PRHS&PS Council Committee
Lynnette Hynden, Human Services ManageF
Cary Roe, PE - Assistant City Manager, COO
Greg Fewins - Director, Community Development Services
Human Services Commission Recommendations for the 2009-2010 Human
,
Services General Fund
On Monday, September 29, 2008, the Commission held a public hearing. Both written and
verbal comments were received from some of the agencies who have requested funding via an
application process for the 2009-2010 Human Services General Funds.
The Human Services Commission provided all of the agencies being considered for funding a
preliminary funding decision prior to the public hearing. After the comments were received, the
Commission deliberated. A motion was received by the Commission chair to present the funding
recommendations to the City Council via the Parks and Recreation, Human Services and Public
Safety (PRHS&PS) Council Committee on October 14,2008. The spreadsheet is attached.
Back2:round
The common application process in which Federal Way joined with other South King County
Cities began in March, 2008. Federal Way staff participated in the Funders Forum where the
agencies were invited to discuss with staff from the represented cities questions or comments
regarding the funding process. Agency turn out was mixed with new applicants and returning
applicants.
The City Of Federal Way received 61 applications from approximately 35 agencies located
throughout King County that serve Federal Way residents. The sum of Human Services General
Funds requested totaled $1,050,145. This was an increase from 2007-2008 total request of
$957 ,668. Year after year Human Service agencies see an increase in requested services and this
year the city received a few new agency/program requests.
The Human Services Commission's Ad Hoc Committees reviewed all 61 applications during
their 4 sessions. The Ad Hoc Committees saw at least two Commissioners participate along with
staff. At these meetings questions regarding some of applications were identified which raised
further questions. Additional questions were sent to the applicants if their application was not
clear or essential information was missing. All requests for additional information were received
and were considered by the full Commission.
The Human Services Commission held special business meetings in July, August and September
to review the applications and consider staffs recommendation for funding. A straw poll was
158
. -
conducted by the chair as to each application to determine whether to consider the application for
. funding or eliminate the application from consideration. This was done based on multiple factors
from the Ad Hoc committee's reviews, the additional questions and responses by the agency and
the agency's past contractual performances.
Human Services General Fund Demo1!raphics
The estimated funds available for the 200912010 Human Services General Fund total $430,000.
If the City Council approves the request to hold the estimated funding at the 2007-2008 level for
the Human Service General Fund grant program, then the Human Services Commission
recommendations are appropriate to be forwarded through the Council Committed for
consideration as recommended. However, should the City Council reduce the over all estimated
budget of $430,000, the percentage of the decrease will be equitability distributed among all
recommended applications. In other words, without eliminating a program the shortfall will be
equally dispersed.
Four applications were not considered for funding due to being incomplete or late submission.
It is recommended that 37 applications be funded which is approximately 60% of the
applications received (61 applications). Four additional applications are recommended for
funding through a one-time funding contingency plan. The second contingency plan is the place
holder for one agency listed to receive the United WayfHuman Services employee pledges and
collections during the 2008 campaign for 2009.
City's Human Services Strate~!ies
The Human Services Strategies are outlined in the Housing and Human Services Consolidated
Plan (attached) and are the basis for decision making and recommendations for funding the
applications.
· Strategy - Support Basic Human Service Needs Through Funding of Emergency
Services (Formerly Goall)
Of the 20 applications which best fit this strategy, 14 of them were recommended for
funding. The total sum recommended for funding is $213,300 or 49% of the overall
estimated funds to be available in 2009-2010.
The following are the programs recommended:
· Emergency Assistance - Catholic Community Services
· Food & Clothing Bank - MSC
· Emergency and Transitional Housing - MSC
· Emergency Human Services - St. Vincent de Paul Society
· Primary Medical- CHCKC (Healthpoint)
· Primary Dental - CHCKC (Healthpoint)
· Homeless Shelter for Women - Hospitality House
· Emergency Housing - YWCA
· Emergency Shelter/Rent Assist. - FWCCN
· Emergency Feeding Program of Seattle & King County - Emergency
Feeding
· Nutrition - Federal Way Senior Center
· Meals on Wheels - Senior Services of Seattle
159
.
Volunteer Transportation - Senior Services of Seattle
Community Dinning - Senior Services of Seattle
.
· Strategy - Support Programs That Promote Individual & Community Safety
Throughout Federal Wl;lY (Formerly Goal 2)
Eighteen applications best fit this strategy and 14 of them were recommended for
funding. The total sum recommended for funding is $114,000 or 26% of the overall
estimated funds to be available in 2009-2010
The following are the programs recommended:
· PACT - Institute for Family Development
· Safe Zone for Kids - Boys and Girls Club
· SKC Latina DV Advocacy - Consejo
· Continuum of Housing - DAWN
· Community Advocacy - DAWN
· 24-Hour DV Crisis Line - DAWN
· We Are Family - KW A
· DV Advocacy - VCCC
· DV Services - YWCA
· Substance Abuse Treatment - Kent Y &F
· 24-hour Crisis Line - Crisis Clinic
· 2-1-1 Community Information Line - Crisis Clinic
· Teen Link - Crisis Clinic
· Sexual Assault Victim Services - KCSARC
· Strategy - Continue to Develop a Comprehensive Human Service Network &
Address the Service Needs of Special Needs Groups So That They Can Participate
Fully In The Community (Formerly Goal 3)
Nine applications best fit this strategy and 5 of them were recommended for funding. The
total sum recommended for funding is $35,000 or 8% of the overall estimated funds to be
available in 2009-2010
The following are the programs recommended:
· Family Support Program - VCCC
· RussianlUkrainian Refugee Assist. -Ukrainian Community Center
· Volunteer Chore - CCS
· Strengthening Families - Children's Home Society
· General Literacy - MSC
· Strategy - Provide A Supportive Environment & Services for Low-Income Families
with Children (Formerly Goal 4)
Six applications best fit this strategy and 4 of them were recommended for funding. The
total sum recommended for funding is $73,000 or 17% of the overall estimated funds to
be available in 2009-2010
The following are the programs recommended:
· Pregnancy Aid - Pregnancy Aid
· Mental Health Counseling - VCCC
· Family Services Programs - Birth to Three
· Play & Learn Group - ACAP
160
Proposed Staff Recommendations:
Based on the anticipation that the estimated funds will be available for the budget cycle of2009-
20 1 0, staff assisted in the development of the attached funding recommendations using the
following criteria:
I. Addressed the City's Human Services Strategy as outlined in the Housing and Human
Services Consolidated Plan.
2. Allocated a minimum of 37% of the Human Services General Fund budget to support the
basic/emergency needs in Federal Way. In April 1998 the City Council established a
policy to assure the residents of Federal Way that a portion of the budget will be allocated
to support basic/emergency needs.
3. The culmination of the Ad Hoc Committee Meetings, Agency's documentation and the
overall straw poll from the full Human Services Commission.
In addition to the recommendations, staff recommended contingency plans to include the $33,000
that could be carried forward from the 2007-2008 budget cycle. The Capacity Building
Partnership Program will not have spent its allotted dollars by end of year 2008. Contingency
Plan 1 will utilize a reserve of approximately $33,000 to fund 4 additional programs. Seeing the
need for continued support for the needed services in Federal Way, staff suggested the following
agencies be considered for contingency funding should the Commission have the ability to secure
the one-time funding_ The Commission approved the recommendation.
The following agencies are considered for Contingency Plan I funding:
· My Service Mind - Ethnic Senior Services - Goal 1
· Jewish Family Center - Refugee & Immigrant Services - Goal 1
· Emergency Feeding Program - Emergency Feeding Program - Goal 1
· HOME/REACH OUT - Homeless shelter for single men - Goal I
The Contingency Plan 2 allocates pending pledges and fundraising monies from the 2008 United
Way/Human Services giving campaign. The Commission felt strongly about allocating all the
funding from the fund raiser to the Boys and Girls Club in Federal Way.
Conclusion
The attached 2009-2010 Human Services General Fund recommendation is a result of a
comprehensive assessment process which the Human Services Commission undertook over the
past several months. Staff is assured that the process was wholesome and although strenuous at
times was very productive. All agencies presented compelling documentation to support their
programs and needs; the decisions were made based on a culmination of several factors. In the
end the funds have been equability divided as follows:
· Family Needs/Services (food, clothing and shelter) $134,000 (31 %)
· Self Sufficiency (literacy, mental and physical health care) $104,000 (24%)
· Community Protection $90,000 (21%)
· Youth Services $63,000 (15%)
· Senior Services $39,000 (9%)
After you have reviewed the attachment, if you have any questions, I can be reached at 253-835-
2650
161
N
a
a
CD
N
:l
NNNNNNNNNNNNNNNNNN
;:0
co
<
or
co
a.
~ ...... ...... ...... ....... ...... ........
cn-Jm01.tto.WN
r1-<~~_^^^:J
~~~co~,g~~
[)>)>~~Q~~
~ ~~~5:Q
~ ~~~tto~
~ o:J_~i)3
~ li~~~
3 ~'o~fC<
5 Q)~'~s.~
~ 5.o';;~3
: o:J ::u (f) CD
CD' g ~ ~
"< ~ c
~ ?f ~
'!!. 0 0
o ::J CD
~ ::J
g ~
..
a
N
N
a
a
0>
....
...
l>
s:
000
o J' 0
3 :; 3
(1) Q- CD
~ ~ ~
o Ul~ 0
~f?~
<03<0
::J co ::J
~ ~ ~
(fl ii" l>
co < a.
5!Ui
lil ~ g
'" lil Q
(fl1:l
co ~
S. cQ
o (U
ffl 3
~(fl
co ~
l> c
CD ~
Tl l>
(U g:
~~
0<
~ g:
co 3
~(J)
o co
< :<
0" 0
~ ~
lil
1:1
(il
<
co
~
o'
::J
(U
::J
a.
'5
;;;
<
co
~
o.
::J
...
~~(A~En~
!'Joac.n OJ OJ
~ooogm
~8gg9o
000000
000000
~C;(oOJ""
f?Of?QQ
~ ~ ~ ~: ~.
~~~QQ
,f o' o' 5' ::;"
~~~o.o
c c c
'" '" '"
co co co
~~~
000
333
co co co
::J ::J ::J
(11- uf VJ-
zzz
co co co
~ ~ ~
Q Q Q
"'" "'" ,..
000
l>l>l>
~~~
333
(fl1:l
c (U
ga;
~~
lil Qo
?;~
~ ~
-l ::J
~ -l
;i<8
3 ~
co J'
3. ~
II
l>
o
-::!
NO
... 0
1: 3
o 3
!:; c
oR
0'<
3 l>
co a. I
'" < 0
g g lii
~ 0 5"
0'<<0
<01:I(fl
::J ~ co
lil ,g <
() tJ ~.
~. 3 (II
in'
r
5.
co
m CJl .f). W N .......
r;f{~g'~
~~~;~
;j 0 ~ @ c;:
oggur3:
~ ~ 0
~~~~
.:r :f fA CIJ
~~2.g
5.R~~
;:0 ;:0 <0
~m-~
~ ~ 5
(j')(f;-<
co co
:< <
g g
Rm'~~~~
~~ ~~~
2~b>~~^
3 "'"30co,g'
2. ~~:~()
2. ~ ~ g
-<::ro;!.
5"CD:r'<
a ~~
3 :J::J
!. C/I- Q;j
o' l> 0
::J a. 0
r < 3
:f 0 ctl
CD ~ 21
o o'
~S;
co Q.
5. ~
o 0
co co
'" a
:$
l>
a.
<
o
g
o
'<
1:1
a
<0
iiJ
3
Q
<
5l
3.
'"
s.
o
o
3
co
!!i
o.
<
o'
<0
~
l>(fl
o c:
l>'"
1:1'"
9~
i5:'!1
Qo.g
Tl il
~ il
,zg
~!.
< "1J
g. a
'" 3
~
CD
:i'
0.
<"
a:
c:
!!.
110
o
o
3
3
c
:J
(fll>l>~
(U -< 1:1 (fl
CD'::o-oJ>>
NOr;'
gcm.:c
co~;y~
Q'~CD-.
^=r~.~
a: mt ~ 'go
(JJ 3 ~ S
'Q "
(U CD
3 go
!.
........ ........ ........ ....... ....... ....... ....... ....... ........ ....... ....... ...... ....... ...... ....... ....... ........ ....... .......
N
a
;} -<
~ ~
m l>
l
.a
..
::I
n
'<
'"
..
~
n
..
..
)>
...
'!!.
n
l!:.
o
::I
..
((;o;~mc;
S!'WWW~
~ ~. ~. ~. ~
lilWWW~
~ :< < < co
~ g g g. ~
-U VI CI1 fA a.
(U
S.
(fl
o
o
iii'
'?
S!'
-l
J'
co
(il
'"
(U
",-
o
J'
c
n
J'
S:S:^I
~~~g
(U U
;rg>:J~
5. 5 ~ ~
2rJ3a:
iiii~_lii
:J :J <n CD
mml>
~ , en
'"
o
o
~
o'
::J
~~~6'~if~
~~.~&g..g~
o 0<0 Q) !!.5foJ'
::JW~5.~=
~2.~()cu~S.
i6Q~2~6
<D~Q.~o~
(ji<:;f<5~_CD
c)' QJ m -
~ ~. ~ g>
g: ,.. <
:J ,r
~ ~
I
o
c
en
:;
<0
....., m .t:rr. W N.......
mOOOOO(fl
3 0 0 0 Q) ~ c:
,a 3 3 3:To -J':g
..3332.=0
gS35o'O;l
'<;;"";;OOm
:'<'<'<~3:
(flO~ififif33n
~ 3 S' ~ ~ !!. C c: :J:
Sr3cc :=r:T~~.~.c
c ~OO().:c:.:c:3
~ ~. 2 ~ ~ ~ ~ g> ~
:l-<~~~~s.S.(J)
~ ~ ~ ~ ~ ~ ~ ~ ~
CD(J)2.__(lJCIl~
ccmc;c;~ .,
~:i<5ca~ f
<0"000 CD
z~ggg f;
~t63.3.3. -f
3.0'<'<,.'< :r
" g 0
J cg.
"
C
:J
0.
:i'
l> m ~ -:u-
~ 3; 0
icai ~.
g~ca ~
u;.Q~ a
~ ~~ ~
~ !!!. (fl 3
ffi ~ ~
~ ::J _
; lil :;:
~ "1) ..
go"
iUCQO
3 3 ~
.:c:
CO)
o
!!.
W N
~ :'E
(U ..
'< '<
(flmm
~. ~ ~
Q cO ~
2~~
5:-< ~
g, '!l :
-:) (1) 9:
~ ~ ~
o ~ ..,
~ ~ ~
3 ~ ~
~ Q,
~ ~
~ ~
iii' Qoo
0; ^
::J 3"
o '"
co 0
o
c
"
-<
Z"1}1:I
QJ :::!.. ~.
2' 3 3
~ .. (U
\!!..:<.:<
s:~s:
~a~
n. OJ Ci'
::J - (U
co -
1:1
(3
'Q
(U
3
'"
'"
--t <Xl
OwN
ON
oc.n
00
00
~
'<
-:;;
o
3
~
.:c:
Q
o
!!.
~
~~~~
co < 3 c
~ 5" ~ ~
~ ~ R ~
'<.....'<~
5~~~
~ ~ S" ~
,E' ~ ~ g
-o~6'~
(3 n.3 g
CQ <D CD
aJ-<::t
3 m '<
~ ~
<<3~
~ CD
~~
I co
c s:
3 co
(U (U
::J in'
(fl-
co
~
j;j
'"
EA~~(;AElJEA~~~Ett(fJ
WOlUl,f!lo.0101 aomo
00000.", 0000
000000.,...00010
000090<00009
00000000000
00000000000
...
w
~~:~~:~~~:~~~~~~~~~:
~aO~mNOaOOOO<.naooooa~
-mggN~ooggggg~~ggggg~~
NOO~omooaooaoooaoooo
mooaa~aooaoooooooooo
~
~r ~~~ ~ ~~~
<.no 000 0 000
OOEAOOO{ttOf;ROOO
000000000000
000000000000
000000000000
~
~~ ~t:~
go 000
?g~ggg
000000
000000
...
o
o
o
...
en
b
o
o
o
o
~
o
'" a'"
000
000
000
'" '" '"
c.nWN
000
000
000
000
000
EA~ift6464 f:I)~
O'IOWCJ'l(,.) CJ'l("J
00'000 00
00000&100
00000000
00000000
0000000.0
'" "''''
c.n c.nm
o "'0
06400
0000
0000
0000
'" '"
00
00
00
...
~
o
o
o
o
o
162
...
~ ~EA{AEA ~~
c"J <.n<.nmc.o m-..a
c,., ooo<n 00
OEAoaooEROO
000000000
000000000
000,000000
~~EAEA~~fllEA
NN......<.n<.n (,.)-..a
<nOo,ou>Cnoo
f:l)EAEAOOOOOOOO
00000000000
00000000000
00000000000
...
~EAEAf:I)EA~ ~~ f:I) ~~EA EA~ EA
~N<.n<.n<.nO m~ 0 ~o<.n O'I~EA~
gooooo 00 0 000 ~~oo
oggggg~gg~g~ggg~g88g
gggggggggggggggggg :8
...
w
o
b
o
o
o
o
...
o
o
o
...
~
o
o
a
o
o
...
N
o
o
o
o
o
o
EA
01
o
o
c::>
o
o
-=
l>
u
"2-
Kj'
~
N;U
OCD
0.0
'f"
NC
O:J
"'0.
0..
:c
s::
3
II)
::J
en
CD
S,
:co
s:: CD
3 (II
II) 0
::J 0
en3
CD 3
~ en'
e:;' (II
CD o.
(II ::J
G>"
CD s::
::J ::J
CD a.
iil :;.
-co
~;;o
::J CD
0.0
_0
:I: 3
cn3
· CD
G>::J
"TIo.
-II)
G>~
iil g
~(II
0'
....
N
o
o
CO
.
N
o
....
o
)>
3
~~
~;
0C:
OO:J
0.
CD
0.
l
n
o
-3:1:
g3~
...
:J
Q.
!!l
o
"1J 0
i' a
:J :J
.,fQ
... CD
_:J
n
'<
o
"1J 0
f~
~~
~:J
n
'<
;u
<ll
<
0;"
<ll
a.
- ... . ""
C:'l';J>>.
~. ~ 0 ~
a,O(Q_
< : ii1 ~
<1>.31>.
QI ~ ~ a.
~ ~ ~~
~o~O
" ~ 5 g
:!::~
~1>.a.3:
n'2.~c
: ell!:.
~ ~ ~ ~
Q,GCD-'
~;aiil~
..o~:;
~ <..
i:' ~ -
n"i'
~ ~!!
gr ~ ~
_00;
a..._
~~5
-u~~
~~(Q
:s _ i"
.. <
OJ !.
::r
10
~
~
~
o
N
N
o
o
'"
:,;.
...
)>
;!:
3
o
"
..
..
N
o
o
..
o
..
<
o
a:
..
c
"0
"0
..
;a
:;
'!"
.Jlo. WN........
giOUlWW:;
!:~655CD
r-3}>a.a.~
!!l,5~;!:;!:
~~a~~~
g ;~~~3
~ Ul iii ifif "2-
Go<nmQl!,.
:[ S:~;
! in '~
n i)'
~ !.
o c)"
" "
.. ..
Z
So
)>
...
...
..
"0
CD
I>.
~
"
co
<
..
(0)>"U~
~~~~
~g~n
o :!. ~ ~
8.:<c)>
aOJ=rcn
~rm4'~'
g: mc- tQ ~
" 0> lil
a~ 3
;0 (5 S'
<ll '< -i
~ ~ ~
~ 3. ~
! Q ~r
if
3
I
o
3
'"
iO
'"
'"
"
'"
'"
'"
-:u
)>
-i
~
~6't{;ll6't{;ll
;"I~g~~
goooo
?8ggg
00000
coaao
':5'2'''''
wCDaa.
~ =- ~. g.
.9~3'Ult:
- ~ g ~
~!...
go 3 g
:;:J <0 (:)
o 0
'"
o
o
<0
N
~
"U
'"
o
"0
iO
t
o
<ll
<
'"
o
"0
3
'"
:J
~
o
0;'
0>
g
,.
iii"
'"
-l
o
!:
3:
c
3
..
2-
-0
c
2:
n"
<tl
co
~
n"
co
III
...
CD
...
o
Co
o
N
...
..
...
...
...
o
b
o
o
b
o
.,.
...
...
b
o
o
b
o
.,.
en
b
o .,.
o 0
o 0
o 0
163
b- ~ .flrr,. ,J:lr. .Jlo. llo.
"-1
.. 0
~!:
~cn
.. c
~ ::r
;:;:0
::r;l.
0<'
::rco
=m
0."
;;; <
" :;
o
"
3
co
;a
m (Jl .fo,. W N ......
)> "J!
00
)> <
"U a:
o co
2: III
a: (fl
llo.ij
""0
~. ~
~ <'
Ul co
'" m
< :J
~ ~.
'" g
3
co
;a
II"
(fl
..
~
n
co
III
~
r-
~
<"UOOOJ
~co'<2:5:
(i" co ::J n :J'
'<::J~mo
9 g o' ~- -i
<D" '< II ;r
'" )> 0>3 5 (D'
01i-"3'"
g2.-<CD~
~CIlWW~
~g<no
.g" 5' ~ ~ ~
Q) ^ (11 cD
a~' 0' ~
Qo003 '"
g>> g g ~ :J
~ (II ::J -< ~
,,-s.-<o
: ~ 2:
r- o' Q=
~:J ~
5' (fI-
" -i
o :T
3 "l
co 0>
1::J
"<
9
;!:"UO-i"
~ro2:ffi3
~~~~~
I ::J ::J (1) (J)
~~ ~.g~
)> 5'
5'1iCll-n~
o "'0 ~ fIJ
g~~<D-O
~g~og
!!. :T Z ~ Q)
~. ^ ~ CD 3
:i' a.
'" '"
o
o
C
:J
.:<
~
~
b
C)
o
o
C)
... ......
.6't N......
O.f!o,. OlnO
O<.n<.nooo
000000
000000
000000
000000
.,.
.,.
~
<n
C)
o
o
C)
...
(,.J ...
<D ...
O<.n
00
00
00
00
o
En En 0 (tJ
0000
0000
0000
.,.
...
...
b
C)
C)
o
C)
...
... ...
o ...
00
00
00
00
00
'"
'" ...
"'01
00
EAEAOO
ooeo
0000
0000
.,.
o
o
o
)> "
o "
)> 0
"U ~
o "'II
~ ..
a: ~
110 i'
~ ..
2 ~
-< ~
CIl 0
~ ::
o' a:
(1) ;;
'" "
"U
iiJ
"<
110
r-
<ll
'!:
"
Gl
<3
c
1::J
'"
"'~
'"
'"
~
wwwwwwwww
coOJ......mO'l~
~~~~~.~fi2~~
~ m W C - ~' ~ Q ~ 3
'< a. ~:<g (J}::rro oQ."C
~~~(1)~~;.~~~
~'< fi~~ ~~;u~ ~
g~~~~~~~~~
[~!~~~f~~~
:J 0 () Qj' :;:- ~..
~ 5 ro ~ ~ < ~
~.:<3.~ 0'(1)
~~ ~ ~~
o n
:~ ~ CD
~s. ~ f
co ~ S i'
:= g' g ~
~::l RO
; ~
~ ~
co 0
" .
~ .
W"'~
Z-I
co 0
co ~
a.!!.
.. :I:
-oc
o 3
~ ..
!:."
!!l,,,,
g~
.. -
"
co
..
Z
i
~
~~~~~~~
~.(tg;~.~2'~
-< a. Qi' -< iU ~ t9,
C1J<~cn-co::r
c~~.gc:Oo~
~~-,u~3~'
:J.-s.g~~,T1
~~Qj'-o'<CQm
g<<J~~ ~~
iiJ Q ~ iiJ C;; ~
3~~3 ~
~ ~ ~
~ ~, fi
-t !:!l :J
~ ~ CD
"U lil (il
(il "U
1::J ~
~~'
3 n.
~'il
<6' C
:J ;0
)>
~
:r
co
O<<tl
:!. 0 .
a: ~ ~
~CDg
<0 ~ z
~9i
'" 0 ..
g<02-
g W (fl
< "0
~ ftr ~
~ (tt !I
'"
~
iil
.,.
U>
N
~
en
o
o
o
o
"'II
5-
.:<
-u
..
::l
n
.g"
..
CD
S'
:r
co
o
o
~EAEAEA~EA~~{;R~
g~~~b~~~b~.
gggg8gggg~
000000000
000000000
...
...
U>
b
o
o
o
o
~
...
tA-EA--- En {II
o c..J(nN Ot ~
o 000 " 0
QEAQOOEnOEnO
090000000
000000000
000000000
...
...
en
b
o
o
o
o
'"
-EA ~ EA (,4
o <.n 0 <.n 0\
(:) <:> 0 0 0
OEnO'(,R0t.90640
000'000000
000000000
000000000
.,.
...
b
o
o
o
C)
...
w
o
o
9
a
o
...
C)
b
o
z
..
..
a.
..
"'Q
o
"0
C
~
o'
"
.
-0
.2-
CD
n
C!.
~
o
~
..
3
:J:
c
3
AJ
::s
en
CD
<
:J: o.
c CD
3 en
AJ 0
::s 0
en3
CD 3
< in.
o. en
CD 0
en ::s
G)"TI
CD c
::s ::s
CD a.
...
AJ ::s
-CQ
~;;o
::s CD
0.0
_0
:J:3
Cf3
G)CD
"TI::S
_ a.
AJ
G):;t
... 0
AJ ::s
::s en
g-
O
...
I\.)
o
o
CD
.
I\.)
o
..a.
o
;,;J
..
.a
"'II
c
:J
a.
III
>
3
~~
N"
0"'11
oc
CD:J
I>.
..
a.
;,;J
..
...
o
- 3 ::I:
g 3 ~
..
:J
Cl.
~
o
-0 0
ita
:J :J
.lC
..... ..
_:J
...
'<
o
-0 0
ii ;!.
:J =-
~-g
N:J
...
'<
Housing & Human
Services
Five Year Strategy Plan
164
Strategic PI~n
Resources
The primary resources available to the City for implementation of its strategic plan are
CDBG funds and annual City funding for the Human Services Program. The 2006
CDBG budget estimates the arnountanticipated by'the CiW to be available:
Community DevelOPment Block Grant*
Estimated Program Income (CDBG)
Human Services Program
2006
$ 736.5654
$ 81,817
$ 412,5005
Total
$1,230,882
There. are also several otherfuod ..sourges that are not al,loeated exdusively to the City,
but may support Federal Way housing and Community dev~lopment activities. The
major ones are described below.
The Emefg~flcy Shel~er Gr~nH~rogramis.a federalprograin that is awarded and
administere~ by King CoYOty...Thisprogra01 is combined with CDBG'funds tp .provide
operating funds to shelter providers throughout King County outside of Seattle. The
annual countywide .fpndiflg levelis.approxirnately. $200,OOO~'
The McKinney HOmeles,!i A.$sistance Funds are feQeraHunds .awarded to $eattle-
King County through;acornpetitivejoint application to HUD.fortheregipnal continuum of
care for homeless people.. There a.re.approximately60 MCKinney funded programs
throughout King County annually. The Supportive HOUsing. Program (SHP) funds
services and transitional housing for homeless people throughout the County. The
annual' countywide,fundin91~vel is $14milliol) per year and ,indudesprograms loeated in
the City of Seattle that assist King County residents and programs Ipeated in King
County outside of Seattle that contract directly with HUD. King County administers
$&44.000 oUne SHFHunds~ .
The.Shelter Plus Care (SPC). Program is a federal program of theContinuljrrl of Care
Homeless' Assistance federal grant. that .funds long~term rental assistanceforpr~viously
homeless people with chronic disabilities. King County contrac:ts with. the Plymouth
Housing Group to administer the SPC program. The annual Countywide funding level is
$4,500,000 (SPC).
House Bill E2SHB 2163.;.. Washington Homeless Initiative. New legislation introduced
adopted by the state to addreS$homelessness'statewide. . This bill provides a funding
4 The new Interlocal Agreement to participate in the King County CDBG Consortium for the 2006-2008 sets-
aside 42% of the City's annual CDBG allocation for King County Administration (12%) and funding ofthe
HOUl~ing Stability Program (5%) and the King, County Housing Repair Program (25%). The 2006 projection
includ~ .~n estirnatecl1 0% reduction by Congress. . '. . . .
5 In 2006, a signifiCClnt supplemental source o{on&-time funding is no longer available, which will impact the
Human Services General Fund budget and future funding allocations.
19
165
mechanism - a $10 document recording fee to support low-income housing projects.
Sixty percent of the fees collected will be administered by King Countyand~e,,, .
remaining forty-percent will. be managed by the Washington State CommunityTrade and
Economic Development (CTED) Department. King County expects to receive $3 million
annual.l,y from" the new~tatep,rQ9.ra...m.
... .. , ,,_' ' _ r' , "
." .'- . ',-.''' ,.
King C6unty re~iVesf$'1;OOO~PPoannuaUy fromtfteState's T~a~siti()J1,I.Housing
Operating and RentalAssistance (THOR). The THOR program funds transitional
. housing for homeless fami~!~s With children. .
The King County CDaG Consortium HousiOg Stability Program (HSR) is
administered by KingCQUQ,ty. five perceQ~9Hhe9()I1~o~i~rrl'Sannu~.lqQ~G funds and
program income are Used to assist homeOwners.andtenantsind~ifl!iefonoreclosureor
eviction and assist indMduals and families who are;hog1el~ss,inobtaining permanent
housing. Approximately $350,000 is ,available annually to King County COSG
Consortium city residentS
The King County Consortium HOME Program is administered by King County. This
isa HUD progrramwhosefundseanbe;usediforcapital.,.and. ~peratingsupporttoa. .
variety ofprojeclsforlow*inoo'me renters and ownersl "The funding. is available to
projects on a countywide basis. The annual funding level'is'$4'..500~OOO. HOME funding
from the American Dream Downpayment Initiative (ADI)I) isalso.allocated to ~nd
administered through the 0o"sortil1m~i .,' Funds provideaownpayment-assistance"tOi
incOmeeligiblefirst..timehomebuyers...,The.. annuatfurrdlng.Jevel',ls '$300;000;,' ,c
The Regional Affordable HO'llsing Program (RAHP>,!Orids are::foeallygenerated ' .
through the enactment of Substitute House Bill 2060 and rllade available to housing
projects and unitswithin"housingprojects.tftat; are affordable tQhouseholds ator-betow
50% oft~e arearnedian' inCol11e,KingGounly,administers,the.programby interlocaJ .
agreements between the Couhtyandall of the cities and:towns. ., The annual-funding.
level isapproXirrtately,S3 'rriilliorl' annually.
TheyWash.ngtpnStale,Housing-Trust Fund has $100 million per,bienAiuI11. Funds
'support 'housing projects throughout. the state. .
The Washington State Housing Finance Commission administers-several prCi)grams
that could potentially be award to housing. projects in Federal Way. . The Low-Income
Housing, Tax Credit (UHTC,and,tax-exempt bond programs assist multifamily housing.
The House"'Key Program provides beloW'm~uket ratefunds:,tolendersfor;assistanceto
lower income homebuyers, and the. HOUSe Key Plus Program. provides downpayment
assistance. ..
The Washington Families Fund is administered by tile State. This pr'OgramJunds
services linked with:housing to help homeless families statewide movestlecesSfully. from
homelessnesstO'stable housingandself..sufficienCYf;'Tttese:resourceswilf be matched
by private contributions, federal Section 8 project-based subsidies and local public
funds., .
Privatefuhds are also a potential resource for housingandcornmuflity devel(jpm~nt
prOjects. Capi~~1 (~.g. housing and public facili~iesl projects typiCaIl}' iri.c1ude a .lb~11 from
20
a lender, private investment through the purchase of low income, housing tax credits,
bond funds, or toe proceeds of fund raising by the agency developing the project.
Nonprofithou$in~devel~pers can ~btail1 predevelopmentloan funds, bridge financing
and loans for the preservation of existing sUbsidized'ho(Jsing from Impact Capital. Local
governments, private foundations, and banks provide the funding utilized by Impact
Capital.
Proj~cts th?t serve tJomel~ss and special needs populations, as well as, many public
service pr()grams, include'donated funds, in-kind donations, foundation grant:;;, and the
proceeds of fund raisin~.
Strategies
The,folloWing strategies f1ciwfrom the needs analysis and reflectthe.inputof citizens and
agencies. that were consl,llted through interviews and 'communityJorums. They ha"e
been developed to guide fund allocation decisions so that locally identified priority needs
are addressed, within the context of the national CDBG program objectives for improving
the lives of low- and moderate-inCome people. Those objectives djrectthatCDBG funds
be used to. provide:
· Decent Housing
(Achi~ved through strategies such as assisting homeless persons obtain affordable
housing; assistih~l persons.at rjsk8f~~coming homeless; increasing the supply of
supportive housingfdr those with':special needs; housing repair; increasing the
supplyofafforCfable permanent housing)' . .
· A Suitabl~ Living Environment .
(Achieved through strategies such as improving the safety and livability of
neighbOrhoods; increasing access to quality public and private facilities and services;
and. energy conservation.)
· Expanded Economic Opportunities
(Aqhi~v!3d through sYc,h strcltegiesas job creation and retention; assistance to small
b4sinesses (including r:nicrocbw~inesses);. the provision of publiyservices concerned
with employment; availab.ility of mortgage financing for low~income persons at
reasonable rates using non-discnminatory lending practic:es; self-sufficiency for low-
income persons through' housing and service assistance.)
Housing Strategies
Low-income residents of Federal Waye:xperi'ence a wide range of housing needs from
homelessness to the inability to purchase a first home. The health of the comml:lnity, in
part, relies on the availability of a range of housing choices from emergency shE;!lter and
transitional housing to affordable permanent rental housing and homeownership.
Through polity, regulation, and funding, the City is committed to supporting "this
continuum for all its citizens, but particularly for those with limited resources or special
needs. The strategies, targets, and activities listed below provide the framework through
which the City will realize that commitment.
21
167
GOAL .,.. Develop ar~rlge-of housing opportunities airru~(fat lnfre~sing the ~,Upply
of affordable hQusingto accommodate current residents and the projected growth
in low- and model"ilte-Income, households., Create housingopporjunltles for
seniors, youth",speclal needsg~Qups,andpositlvely Impact't~e ayallabllltyof
housing clOd emergency'sheltl:)rs.
/
Strategy
Preserve and expandlaffor:dab/e renta/housing opporlllnities fQr ,,' .
houS~holdsWitbJes,$tha~5iJp~rcen(of,th,(! ltJ~dianill~bme, wit.hpriC)(ity
for tnose with incomes of less than 30 percent-up to 40perc~iJtof fh~
median income. (HS1) "
Targets
()ver fjve ye.ars preser;v~a",d/ordevelop amil1ir:numof 1Qore.ntalJJl1its for extremely
row-arid very low..incomehouseholds, including single indivi~ual$i f~milies, and the
elderly" (HS1~1) , .
$upport programs that provide.low-income Federal Way resIdents With rental assistance.
(HS1-02) .
22
--->......-.-.----"""""'....-..--.,..:-.--.........--..,-~----------......------=-,~....=-----.....-~---..--.-,.,-..--1~__._-'"'~...".&i>'..:~~.:;.i;,;,,"'.-...,""'",.~~"-~.~,i;,~"'"'~\&;~~~...~,;;iw;..,.,;.,~i:i
Maintain the capacity of the current service programs that assist people with special
needs to obtain or retain housing. (HS2':'02)
Activities to Achieve Targets
· Fund the operation, preservation or development of permanent housing and relat~d
services for special needs populations through the COSG and Human Services
General Fund Program.
· Continue to provid~ funding to housing repair programs that can be us~d by elderly
and dis~bled ho,meowners to make accessibility improvements that will allow them to
stay in their homes.. .. .
· SUPPQrt provision of in-home services that allow the frail elderly and people with
physical disabilities to remain in their homes.
· Continue participation in regional planning efforts and programs aimed at addressing
the housing and servi~n~eds of special needs populations. .
Strategy
Address the ne.eds of those resiClents ofthecomtnunity who are at-risk of
becominghome/es.s;recognizing that the prevention. of h.ome/essness is
the best" way toa.ddr~s the Federal goal of elimina.ting hoinelessness
within 10 years. (HS3)
Target
Over five years, assist 100 households to retain their housing. (HS3-01)
Activities JO Achieve T~rg~t.
· Provide ~nergy assistance funds ai:1de~ergency cash assistance for people in
danger of eviCtion or foreclosure because of short-term financial difficulties.
· Support programs such as United Way's Ready to Rent and the Housing Stability
Program which helps low- income and homeless tenants become better r~nters and
helps link thern with willing landlords.
. .
· ContiniJeto participateili the Comrnittee to End Homelessness in King County and
other similar regional effprts.
· Support jOb training andec()n()micdev~lopment activities that incr~ase job .
opportunities and/or provide living wagejobs.
Strategy
Maintain current emergenc;y shelter and tra'nsitionalhousing facilities and
programs with supportive services. Promote the availability of these
. facilities'r;ountyWiCle. Prioritize resourc~s for expansion of facilities and
programs to address the needs of victims of domestic violence, families
with children and homeless youth. (HS4) .
Targets
Maintain support of effective emergency shelters and transitional housing facilities and
programs and encourage expansion to underserved areas of the County. (HS4-01)
23
169
Over five years help to develop at least one transitional housing facility fOf victims of.
domestic violence or families with children'. (HS4-02)
Over five years help to develop one emergencY shelter or transitional housing facility for
hom~IE!~~yo.uth. (HS4-03)
Activities to achieve targets
· ,Use (jDBG and Human Services'General'Fund programs ~ffectiv.ely tOf;,uPport
facilities and programs that are consistent with the Committee to E:ndHomelessness'
Ten;;.year Plan.' .
· Collaborate regionally with providers and other funders to sustain the regiol1~1 shelter
s%rem. '
· Pursue a coordinatedapprpachwith ,other$outh' King ,,'Countycities: for :botl1, planning
and ,funding of housing and~ervicesfor: homeless people. .
· Work to encOurage new emergency shelters and transitional housing facilities to
locate in the reiatively underserved'areas of north and'eastKing County.
· SYPPQrt the development of a YOlJth tr~nsitional'hqusing pr::ogramin Federal Way.
· SlJPportthe ~E!velopmentof domesticViQI~n~shelters.incl(Jdingthose that will
provide shelterandservices' to single women; and victims with. older or disabled
children. .
· Eliminate any local regulatory barriers to siting emergency shelters and transitional
hOlJsing in Federal Way. .
Strategy
. ,
Assist low- and moderate-income,homeownerstiJ'lifford the maintenance
;Jnr!p~ervation. of theirhome,!iI.alJd;~crea$e hom'#OW"IJership .'
opportunities forJow- ;JIJd mQderat~income,first..time"omeb.uyeT$.. (HS5)
, ,
Target
Over five years assist 75 homeowners (includingowne~of mobilehornes) .with
emergency grants an~ deferred payment loanf; for housing reh~bilitation. ,(HS5,-01)
Over five Years provide affordabl~ ,home purphase ()I?P()$nitiesfor 10 low- and
moderate-income households in . Federal Way;. (HS5"02)
Activities to Achieve Target
· Use C~BG funds t() provide housing rehabiUtatiqnassistance. through the King
County Housintf RepaitPr,ogram ot similarprograrTl~; , " .
· US,e GI;>~@:fU~dsto~~sjs~ norlprofit en~iijes~9~pqlJireand/9r re~~biiitateJloiJsing
~nits for sale tol()w-~n~ -mOderate-Income firSt~time buyers,
~"':""-':'."""'-:" :'-'~"""""'''-..';.-~~ "',...'-:.~-:..,.' <~ ''.;;';''"-;,:.",,,;...-.,< "--'-'-"~:'.''''.-~''- c.......-, '-' ,....,...._:
· Use CDBG funds for direct grantaodlorlo3n assistanceJorclosingcosts and down
payments for eligible first-time homebuyets, .
· Implement comprehensive plan policies that result in lower-cost housing.
· Promote education 'arid counseling for firSt-time buyers ,and homeowners.
24
170
~_~'''''''''~A_~'''''''''~_""""",,",,",,''''!'''''''''~''''''~''''''~'__'''~''~
Human Services Strategies
Human service needsexi~t across a broad range. of low-income. and special needs
populations. The needs of people who are homeless are particularly acute, since
without intervention through service programs they are not likely to find or maintain
housing. For many low-income families the burden 9f increasing housing costs severely
limits their ability to take care of tneir other basic needs. The City has long. recognized
its critical role in sustaining the..humanservices delivery system. In addition to the
allocation of COBG funds for human services1. the City has also allocated general
revenues for this purpose. The following strategies will guide the investment of these
resources.
GOAL - Address human services needs by supporting service models that
encourage self-sufficiency, empower families, enhance the quality of life, and help
build strong communitiesl!. .
Strategy
Support basic human service needs through funding of emergency
services. (HSS1f .
Target
Maintain and increase the capacity of emergency services in orderto help low-income
people meettheir b~sic life needs. (HSSt-01),
Activities to Achieve Targets
· Continue to allocate general funds for human services (Human Service General
Fund).
· Continue to allocate a percentage8 of Hi.Jman Services General Funds for basic
rieeds incltJding food, clothing, and shelter.
· Provide City Human Service General Funcl and COBG funding foraJ~nge of
emergency services, including food and clothing banks, senior meal programs, and
opercJting support for emergency shelters and transitional h()using,
· \ Continue to prioritize use of City funds for basic medical and dentalservi~s for low-
income people.
· Strengthen the inter-agency referral system by encouraging funded agencies to link
clients with other. appropriate service providers.
· Work with other jUriSdictions and human services agencies to maintain and/or
increase funding available to meet basic needs.
6 This goal reflects Goal 3 (Provide support that supplements federal, state, and cOunty programs designed
to increase self-sufficiency and independence) and <30814 (Support service models that improve
cOmmunity-based cOllaborations and build strong neighborhoods) of the 1999 Human Services
Comprehensive Plan that is being updated by the Housing and Human Services Consolidated Plan.
7 This strategy reflects Goal 1 (Support basic human needs through finding of emergency sl:lrvices) of the
1999 Human Services Comprehensive Plan.
a In 2004, the allocation to basic needs was 37 percent of the Human Services General Fund.
25
171
Strategy
Address. the service needs of special needs groups so that they can
parlicipatefully in the communitY. (HSS2)
Targets
, Promote improved transportation access to service delivery sites, including those
outside' of Federal Way where City residents have access to assistance from regional
serviee providers. (HSS2~1)
Maintain and i~crease support of needed services for special needs populations.
, (HSS2-02)
Support and increase services available in Federal Way or within close proximity.
(HSS2-03)
Activities to Aci1ieve T~rgets
. Continue to support the local Senior Centers, including sehiorservicessuchas adult
day' care. health services, transportation, and nutrition programs.
. Promote the delivery of culturally competent and linguistically accessible' services for
immigrants and,' refugees.
. Support programs that remove linguistic and educational barriers for immigrants' and
refugees such as classes that teach English as a second language. .
. Advocate for increased State funding of mental health and chemiCal dependehey
services. '
. Provide CDBG and Human Services 'Funding to help finance needed health and
treatment services, especially for those low-income people who are not Medicaid
eligible.
. Provide CDBG and HumanService Program funding for transportation services for
disabled, and' eld~r1y'populations.
. Support prograrTlsthafassist hartdicappedpeople to'findacceSsible housing arto
obtain. the necessary funding to make !heir own housing accessible;
Continue the. fu.nding emphasis on human services programs that address the needs
of familiesandg,i1dren. (H$S3-Q2)
9 This strategy reflects Goal 3 (Provide support that supplements federal, state,' and county programs
designed to increase self-sufficiency and independence) of the 1999 Human ServicesCbtnprehensive Plan.
26
Lfk ( ~
Activities to Achieve Targets
· Collaborate with local organization~, including human service agencies, community
organizations, youth groups, churches, hospitals and business,. to increase long-term
support for youth.
· Continue the City's programs (primarily through the Parks Department) targeting
youth and low-income populations. Evaluate the potential foe increasing the linkages
between Parks Department programs and human service agencies.
· Continue City involvementin positiyerecognition events of youth and other activities
of the Youth Commission and Arts COmmission.
· Maintain and/or increase funding of the City's childcare subsidy program for low and
. moderate-income families, and if possible, increase services to include evening
childcare.
Strategy
Continue to develop a compreh.ensive human service network at the local
and regional level to more effectively address human sertlice. needs of
Federal Ways/ow-income and special needspopulations1lJ. (HSS4)
Target
Maintain and increase collaborative efforts among local government, school districts,
'and service providers. (HSS4-01)
Participat~ in countywide and regional efforts to address human service needs.
(HSS4-Q2)
Activities to Achieve Targets
· Continue to fund human services as a priority for the use of both COBG and City
Human Service General Funds
· Continue to fund hUlilan service agencies that serve the broader South King County
community.
· Encourage human service agencies to identify ways tOrflinhnize the amollnt .of travel
needed for individual clients to access a comprehensive set of necessa,yservices.
· Work with King County Metro Program to plan routes and bus stops that minimize
time and transfers needed to access needed services for low-income and special
need populations. .
· Fund projects and agencies with a wholistic approach to service delivery and that
demonstrate the ability to leverage funds and network with other service providers.
· Participate in countywide and other regional efforts,such as SOUttl County Council
on Human Services, South King CountY Human Services Forum and South King
County Human Service Planners, to improve provider's ability to address human
service needs more effectively.
10 This strategy reflects Goal 3 (Provide support that supplements federal; state, and county programs
designed to increase self-sufficiency and independence) of the 1999 Human Services Comprehensive Plan.
27
<f- [. ~
173
, .
Strategy
Support programs that prompte individual and community safety
throughoutFederal Way11. (HSS5)
Targets,
Provide funding for a Wide range of programs to 'promote community safety. ,(HSS5-01)
Create partnerships 'With thecommunityj,.qitydepartments, provjders, anciothe,r$ to help
keep families and neighborhoods free fr0l11 fear and crime. (HS$5-02)
Activitie$to Achieve Targ.eti;
. Maintain stable City funding for sexual and domestic violence victim assistance
services.
. Support collaborative relationships between the Federal Way Department of PUblic
Safety,JheLegaIDepartrnent, and non~profitservice providers incasesof;domestic
violen~'and seXual assault
. provide-CDBGahdHUman services Program funclingJor effective intervertUon
services for children, youth andfarnilies at risk of violence, child abuse or ne{;llect, or
substance abuse.
Community Facilities Strategies
The City will continue to provide funding l;uPPOrt for community facilities, including
buildings thilthouseprOgrams or seMcesfor low-income people, and tor reVit~UzatiQn of
the public infrastructure in low-income areas. .
GOAL -Improve the quality of life for low-income residents by providing
ne.cessary,public facilities fortranspol1alion~ recreation. accessibility, safety, and
neighborhood interaction. -
strategy'
A~~i~tt~e,deV'~/oPllJent()r rehabjlita.tion 9f cQmmunity facilifjes an(/ public
infra!;fr.ucfurethat benefitlovv-anct llJ.oderate-income residents~ particularly
ttios~ that have special needs. (CFS1)
Target
Provi~ecapital improvements inJive existing c()(1lmunity facilities, particularly those that
serve families and children. (CFS1 ~01) ., - '
Supportdeveloprnentoftwo new c6mmLinityfacilities. (CFS1~02)
',:'",".
Support'comfl1tJnitY revitSlizationih lower;;il1cdme'araas,throughthe development of
three sidewalk, lighting. traffic, or park improvement projects. (CFS1-03) , .
11 This strategy reflects Goal 2 (Support a strong service delivery system that increases public safety) of the
1999 Human SelVices Comprehensive Plan.
28
174
EXHIBIT A
175
September 25,2008
To:
City of Federal Way
From:
Barry Turnbull
Worker for Operation Blessing
Community of Christ St. Luke's
Federal Way, WA
Dear Council,
It has been brought to my attention that the city is planning on dropping the
financial support for the Emergency Feeding Program of Seattle & King
County in the years 2009-10. Operation Blessing uses these services to help the
poor and oppressed people in our area. We serve hundreds of people in various
ways and provide food for families. This organization helps us give the patrons of
Federal Way a support when they really need it.
Operation Blessing has been very active in this emergency help and it is only on
that basis that we operate. If we do not receive food from Emergency Feeding
Program of Seattle & King County we wiff loose one element of our program
that is worthy of its cause. If you could see the lineup of clients at our front door
before it opens you would be amazed at how many people we help. This year we
have reached our receiving numbers in September that has risen more than
previous years. The financial picture is getting bleaker and bleaker. This makes it
harder on us because we had to cut back on the amount of funds we could give
to each client. If the food program is eliminated it would take from the program.
This is a list of how we help people:
Provide monies for help with Electric, Rent and other emergency purposes.
Help place homeless people into homes for safety.
Gas vouchers to aid in getting to work or for applications for employment.
The very most important aspect is that we pray with them in this time of need and
hope the Grace of God wiff help/them.
Please consider our request and keep the program going.
Sincerely,
Barry Turnbull
176
Dear Human service committee:
Thanks for your recommendation of $5,000 for WeAre Family program at Korean
Women's Association. We Are Family program is providing services for the victims of
domestic violence and their children since 1972 and for Federal Way clients since 2000.
Our services are: assist protection order, court hearing, divorce, child custody, safety plan,
support group, immigration right, medical coupon, and welfare.
We have served 27 clients in 2007. In 2008 until August, we have already served 15
clients and 5 in the shelter. We are asking $8,000 for 24 clients. Our one unit cost for
direct service is $500 and $2500 for shelter.
Please grant us full amount of$8,000. This is only program Korean Women's
Association is asking grant from the city of Federal Way.
Thank you so much.
Mi- Yeoung Lee, Program Director.
177
METROPOLITAN KING COUNTY COUNCIL
Councilmember Pete von Reichbauer
Lynnette Hynden, Human Services Manager
Federal Way Human Services Commission
PO BOX 9718
Federal Way, WA 98063-9718
Dear Human Services Commission Members:
For over 12 years My Service Mind of Federal Way has been working
closely with the community to provide services to a diverse group of
disadvantaged. low-income and ethnic residents in the Puget Sound region.
MSM has recently partnered with the Evergreen Senior Club to provide important
case management and human services that will help these clients conquer the
social. language. and economic barriers that often plague this growing
demographic.
Although MSM does receive funding through King County as well as
through community donations, the funding provided by the City of Federal Way's
Human Services Commission is crucial to support their mission of caring for
elderly and minority populations in Federal Way. Last year, MSM served 216 low
income clients who were in desperate need of the services this organization
provides. Please reconsider the Ethnic Senior Services proposal to assist MSM.
the Evergreen Club, and to better address the needs of this vulnerable
populatio .
,
l.-.
Pete von Reichbauer
King County Councilmember
29 September 2008
King County Courthouse, 516 Third Ave., Room 1200, Seattle, WA 98104-3272
Seattle: 206-296-1007 Toll Free: 1-800-325-6165 ext. 6-1007 TTvrroo: 206-296-1024 Fax: 206-296-0198
E-mail: pete.vonreichbauer@kingcounty.gov H"me Page: www.kingcounty.gov/vonreichbauer
.E:;!>..... @
178
STATE REPRESENTATIVE
30TH DISTRICT
SKIP PRIEST
St~Ue of
\,yashill,gton
House of
Representative",
,,,--.....
t"? '\
EDUCATION -- Ranking Member
t. ..
....,-,- --
ApPROPRIATIONS SUBCOMMmEE
ON EOUCATION - Ranking Member
. .
'..... ...-.-
September 29,2008
APPROPRIA nONS
Ms. Lynette Hynden, Human Services Manager
City of Federal Way Human Services Commission
33325 8th Ave. S.
Federal Way, WA 98063-9718
To Members of the Human Services Commission:
I am writing today in support of a proposal being presented to you by the Evergreen Senior Club
and My Service Mind. As you know, these are organizations that have been serving our community for
over 10 long and dedicated years_ Together they have provided a much needed connection between
the diverse and growing ethnic population here and those of us that serve the community.
The challenges facing our ever increasing senior population, particularly minority elders, are well
documented. Seniors, in general, often face numerous obstacles due to very low fixed incomes,
transportation and health issues. And ethnic seniors must overcome even greater hurdles due to
language and cultural barriers_ Too often, many lose their sense of independence and are left helpless
in their struggle for day to day life. Not surprisingly, Federal Way, as it so often does, mirrors the
challenges faced by other communities in providing necessary services in this critical area.
The proposed Ethnic Senior Services plan addresses the needs of these individuals. Through a
comprehensive case management approach it helps provide access to OSHS services; Basic Health,
Medicare, or Medicaid and mental health providers; referrals to food banks and other meal services; bill
counseling; housing assistance, public transportation guidance and assistance with immigration and
naturalization services. It is the type of collaborative approach that has often proved successful in other
areas.
Needless to say, I am certainly very appreciative of the budget challenges you face as you decide
how to allocate scarce resources to meet the extraordrnarily important goals of the commission. My
thanks in advance for your consideration of this creative and thoughtful initiative.
-4~
Skip Priest
State Representative--30th District
legislative Offices: 122A Legislative Building, PO Box 40500, Olympia WA 98504-0600 Phone: 360 786-7830
Toll-Free legislative HolJine - 800 562-6000 TOO 800 635-9993
Email: prieslskip@leq.wa.gov
179
Federal Way Human Services Commission
Public Hearing on 2009-2010 Human Services General Fund
September 29,2008
The Chair declared the public hearing open at 5:45 pm
Goal #1 speakers
1. Mary Ellen Stone, KCSARC Sexual Assault Services program. She
explained how her agency helps their clients and thanked the Commission
for their support.
2. Joseph Roni, St. Vincent de Paul Emergency Human Services Program.
He thanked the Commission for their support.
3. Sam Osborne, Emergency Feeding Program of Seattle-King County. He
thanked the Commission for their past support and asked them to
consider funding EFP again in 2009-2010 in more than the Contingency
Plan. He said the need is great during these difficult economic times, and
they serve many Federal Way residents.
4. Barry Turnbull, Operation Blessing, St. Luke's Community Church. He
spoke in favor of funding the Emergency Feeding Program, noting the
great need for their service. .
5. Doug Johnson, FWCCN Emergency Shelter/Rent Assistance program. He
thanked the Commission for their support and noted the great need in
Federal Way to keep people in their homes. He also spoke in favor of the
HOME REACH OUT homeless shelter.
6. Nathan Brown, Federal Way Senior Center Nutrition program. He thanked
the Commission for their support, noting that they have tripled their
number of clients during the last few years.
7. Willa Gaines, HOME REACH OUT Homeless Shelter for Single Men. She
thanked the Commission and said she hopes their program can be a part
of solving one aspect of the homeless problem in Federal Way.
8. Bob Bliesner, HOME REACH OUT Homeless Shelter for Single Men. He
said he was Chairman of the Board for HOME and described the two
successful shelters they have (HOME and ARISE). He said REACH OUT
would replicate those shelters.
9. Jennifer Kenyon, My Service Mind Ethnic Senior Services. She asked the
Commission to reconsider their decision to only fund their program in the
Contingency Plan, noting the need in Federal Way for services for Korean
seniors.
Goal #2
1. Bob Roegner, Board President, Federal Way Boys & Girls Club, Safe
Zone for Kids. He thanked the Commission and said he was very grateful
for their funding.
180
2. Grant Newport, Board member, Federal Way Boys & Girls Club, Safe
Zone for Kids. He Thanked the Commission for their support.
3. Shelley Puariea, Executive Director, Federal Way Boys & Girls Club, Safe
Zone for Kids. She thanked the Commission, noting their program helps
meet the needs of low-income families in Federal Way.
4. Michael Heinisch, Kent Youth & Family Services Substance Abuse
Treatment program. He thanked the Commission for their support of the
Substance Abuse program. He said he is also Board President of the
South King Council on Human Services and thanked the Commission on
behalf of that organization for their hard work.
5. Korean Women's Association We Are Family program. Dee Dee Catalano
read a letter into the record on behalf of KVVA asking the Commission to
fund them at their full request of $8,000.
6. Nicole Penman, Valley Cities Counseling & Consultation Domestic
Violence Advocacy program. She thanked the Commission for their
support of all of Valley Cities' programs.
Goal #3
1. Eileen Rasnack, Catholic Community Services Volunteer Chore Program.
She thanked the Commission for their support, noting the increasing need
to help seniors in Federal Way due to worsening economic times.
2. Trish Crocker, Children's Home Society Strengthening Families program.
She thanked the Commission for their support.
Goal #4
1. Patricia Noecker, Pregnancy Aid of South King County. She thanked the
Commission for their support, noting that Pregnancy Aid is an all-volunteer
program that helps many Federal Way residents.
The Chair declared the public hearing closed at 6:35 pm.
181
N
o
o
<0
N
~
o
Gl
-n
:J:
(fJ
o
-n
""
!!!.
:u
..
n
o
3
3
..
:J
0.
!!!.
o'
:J
..
NNNNNNNNNNNNNNNNNN
:u
..
<
;;;"
..
'!-
~.....(])o;;:(..J~::ZO<OQJ"'"
~~~~~i[~~~~~~
[l>l>~~$i~~;m.;~~
~ ~~a~Q~~~~:~
i ;;~;'~~ggg
O::JCD~~=mg:
3;:~;!,<:z::z::z:
~=--<oooo
~~r~i~.~.~-
5.o""'lil~zzz
O.:J ::u tIl CD CD CD (I)
g lJ: a. ~ ~ ~
fA g ~ ~ ~
~ ~ 000
o () )>)>)>
:J ~ :z: :z: :z:
~ 333
o
N
N
o
o
00
=
:,;.
...
l>
.;;:
..
o
o
3
3
c
~
~
'"
..
l
.
'0
'!!.
~
0-
~
to
fif!I!I~i
~~~Ql fiiSic
O(A-~~=~~5'~
~a'o ~.~l;~3)>
~~~-< ~a:~~s=
&1~~~~CD~~~c:
rc~6:i 3go'~~~'
< i5'~ ~(j)~rg iD'1J(J)
2" ~ &1 ~ ~. ~ :r Q ~ (1)
"&l~O"i;i'3-91o"~"
en "'0 ~ en -:u i;i' 3 (II
~~ lil i!);;;
i;j'iil'" .::15
fIJ 3 ~ CD
..
3-
o'
:J
G>
:J
0.
'5
..
;?
..
3-
0"
:J
O-iN
o ft)
:J ft)
::::::J
:J r
c -"
C :J
3 '"
2.
Q'
<
il
~.
a
o
o
3
ft)
!!l.
o'
:5:
o
..
:J
lil
O)O'l,Jlo.WN.....
OOOWl>
::::!.o 0 0 c:
~.~~~~
Q o' o' ~ -<
g'gg~~
~ i:: Q ~
~~g~
rQ fQ 0 c:
m IU - ..,
~5.gS
:u :u '"
!.!.o
ft) ft) 0
~ ::: c
~~~
ft) ft)
;? ;?
i;i i;i
>(JI
o c
l>"
.""
9 ~
='"U
0. ~
..,ll
-n iil
~" ~
'<~
~~
;? ~
,r 0
~ 3
o
Gl'
'5
...
<
0:
c
!!!.
..
o
o
3
3
c
:J
N<cn(J)J>}>-<
~ar~~~::g~
b>~~~~~~~
3o~~'i~:-e
~~:~()Q'g.~a
2_~~g~-4g:~
~~'g~f;:~s
0' ~t; 3aS
~ ~.~ ~;r
~ tIl 0 3 i
~ ~~ ~
i' g!! ~
~ o' "<
g>~ ~
s ~ 3
~ Q ~
o Cl
S 0
l> !!!.
0.
<
g
n
'<
."
a
'"
iil
3
...
~~~~~~~~M~~~~~~~~~~
~oo~~~""'QJW~~.~~ aomo
:~~~~~g~gggg~~~~~~~
ooooo6g~~~~~ooooooo
0000000000000000000
~ .. .. .. ..
N .. .. .. .. .. ..
N N .. W ..
'" '" !" 9' 0> W W ... ... '" '" 0>
0 0 0 0 0 0 0 0 0 0 0. 0
0 0 .. 0 0 0 .. 0 .. 0 0 0 .. 0 .. 0 .. 0 0
0 0 0 0 9 0 0 9 0 0 0 0 0 9 9 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~
~~~~m~.w~~o~~~m~WN~
~~~~~~~~~~~~~~W~gQ~~~
~<<~~~O-"~i~ '-9~d~333 ~
;~5'~'~~~~~~1~~~1~~~11~
~ @~f~~'~~~~~~~~i2~o~~
~ ~~~~:~~"~Io ~~:~~~~303!
~ t1l~"~r~":;:.. m~""''''''
~ ~~~~[~~~~ ~~i~~~~~~
~ ~ ~~~ Q~~o~~~R3
! g ~ ~~~~~~~~~
~ ~ ~~~~~~~~0
l ~ 6' ~~a~~~~f~
~ ~" ~ ioo---~~n
~ '9.:~~~ .0
0' ~ ~'~~a<5 z
i CD cog..OOO :
~ ir~ggg i
:- ~~~~~ ~
~ ~ ~ ~
~ ~ ~
-n
c
"
0.
S
)> m a -:u-
~ ~ 3' f
J:CO. n
g~~ ~
en '<::I a
~~~ ;
~ ~.: 3
i Ai;:;!
~~[
c8a~
Ii; ~ 0
3 3 3
!l
'<
Cl
o
!!.
~~b>~
CD < 3 c
<<3 S" 3 ~
g: @ 5 m
Qa.~-(
g~~~
3" ~~. g
(Q-_;J.
"'O~ii~
g ~" ~ g
Q;~::!.
3 m '<
~ ~
<O~
g ~
'< !!!.
I ft)
c .;;:
3 "
.. G>
~.. Ui
(fJ-
ft)
;?
0"
~
~~~ti'~~
~ :::::J CD 0 a. en
~ ~~ i ~ ~
~[~a.~~"
~~QJ~~5
;'~a~g'~
en :< :;f ~ S. CD
~. ~ ~ (j)
... ~:::::J CD
5""<
~ i"
:J:
o
c
..
oj"
'"
;:ocnmm z"'O ""0
~~3~E-3'~"
g.Q'~'i~~~
o z CD ::J
!i~~~~~~
o'~lg:[~
:::::J CD -" CD _
~~~4I
<; ~ ~ ~
3 ~ ~ 3
:J !l.
~~
l> 11
:: (i"
(;i' ~
;;; ^
~ ~"
()
g
~
...
'" ..
00 .. ..
'" '" '" '"
'0 0 0 ~
'" 0 0
00 0 0 N
N 0 0 ...
00 0 0 0
tAtAtAtAtAtAttlEtttAtA tA'" tA
6'1 N~"" N(1) N tAw.,..tA
O'INOONWOOOlOtOQ)NOWN
~Nggggggk;ggggg~j
~~6~~6g6bggb6gbo
00)00000000000000
...
~ ~ .. .. .. .. .. .. .. .. .. .. .. .. ..
'" w W N W
... '" '" '" <0 0> ... N N ... '" '" w ...
0 0 0 0. 0 0 0. 0 00 0 <0 '" 0 0
0 .. 0 0 0 0 .. 0 0 .. .. .. 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
~ ...
.. .. .. ~ N .. ~
.: .. .. .. .. .. .. .. .. .. .. 0 .. .. ..
W N 00 U;
b '" ? '" 0 '" W N '" 0 w '" ,., '" w b N '" '" 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 .. 0 0 0 0 0 0 0 0 0 0 0 .. 0 0 .. .. 0 0 0 0 0 0 ..
0 0 0 0 0 9 9 9 0 P 9 0 9 0 0 0 0 0 0 0 0 0 0 9 P P
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
...
o
o
o
...
'"
b
o
o
o
o
'"
'"
o
o
o
o
o
182
...
....
o
b
o
o
o
o
.. .. ~ '" .. .. ~ .. ..
w W N N
00 ... 0 ... 0 '" '" .... .. ...
0 0 0 0 0 0 <0 0 0
0 0 .. 0 .. 0 0 0 .. 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 : 0
... '"
N
0 '"
0 0
0 0
0 0
0 0
0 0
'"
01
o
o
o
o
o
...
o
o
o
l>
"
'2.
~"
3-
.:
J:
s::
3
III
:I
(J)
CD
<
:1: (i'
c CD
3 ·
IIJO
:::J 0
(1)3
CD 3
< iii"
-..
o _.
= g
(i)."
CD s::
:::J :J
~ e:
IIJ :I
-co
~;:u
:::J CD
0.(')
_0
:1:3
(1)3
· CD
(i):J
..:!!a.
(i)~
ii1 g
:::J .
&t_
o
..
N
o
o
CD
.
N
o
....
o
N~
0"
0.<1
'P-n
NC
0"
~o.
0..
~
3
~~
N~
0'"
oc
OO:J
0.
..
0.
~
.
n
o
0" 33 ~
"..0
:J
0.
!!1.
o
"0 0
.~
:J :J
..'"
~ ..
_:J
n
'<
o
:g g
.. =
" "
:t~
~
;0
..
<
tn"
..
<>.
~ ~- :.;.
::I .., .,,-
;;~a~
~ 2 ~ z
::E co .. ::I
..a.3a,
i<~!~
~ ~ ;~
~a-~g
~~~m
.GtQ.Q
<a.1i:
[~~~
~~ ! ~
~~~S"
ii - CII S'
-0-;-
~ ::E..
Iii ~ ::
" ... co
~ 2. ::
GIn:
c CD ~
iii':
I~~
r--;lco.
:~~
gaG
co <
iI !.
~
~
'l
a
N
N
a
a
'"
:::
..
...
l>
i!::
3
o
::I
..
..
N
o
o
...
<;
..
<
o
a:
..
c
...
...
i>>
11
;-
'!'
.WN.....
60(f)(f)(f)r
!:~8~~1
t"~lla.a.~
-,,-i!::i!::-
~i:g.~~g
O~!l!!!.!!.3
~ ~ ;0..-- ~ 1i~co
i" 0 Q,I OJ _
;:r ::;;:;CD
:~ :7:T~
2,'" "2.
n n
!. !.
0" 0
~ ::I
. ..
Z
S
l>
"
!
lD
a.
~
:;J;J
CO
<
..
8&':1:4'1:
;U 3 ~ ~.
~~~Sl
g~gQ
aCD~~
~. ~ ~ ~
g ~~ ~
9..5 3 s
~~ ~
en 3 a;
g ~ ~
~ a. 0
~.... ::I
"U =:'
co 0
.g 3
ii" I
o
~ ~
.. ii"
~ ::
o ::I
... ..
3 =
..
~
o
tn.
..
~
ii'
..
"
l>
-i
6
-i
o
!:
Z
c
3
..
2-
...
c
!!:
n
'"
co
~
.r
co
..
... ...
~ ~ ~ (It ~
~ b ~ ~ Ot
00000
NOooo
Neaoo
C>> 0 0 00
.......
. 0
2.~
~cn
.. c
~~
..0
""
0<'
".
a:g'
il <
~ a
~
3
1
... .. .or. ".. ,Jtt. ..
<>>o..WN.....
~~~~~l1~
~<g3f~?u~
2go0;;J_-tg_
cii",<"U1::r-.m
CII)>QJI(i;a:(n
oa:~.Ot'b~C
g2.~~~:~
acntllg'(i3g.
i~~.~f;!
~~; ~s~
..~~~ ~S~
r.ij~ ~ ~
~ g ~ :
o:J i CD
~ ;;- ~
I ~ f
3 .. ..
. ~ ~
'< r-
~ ,
O-t'TI)>:I
~i3~g
~~.z"t]j
:J '" en 0 ,.
~g~~~
g>~i~:
~~4'3!
~ olil ~ ~
z ~ aJ en (')
iiCD3~Z
.. S ~
.. ::I
"U
i>>
'<
go
r
<D
..
3
G)
a
c
...
..
i!::"U
~ ~
~ ~
m.Q
= l>
::ro:
b'a
C (J)
~ g
5" :r
<0 '"
oj'
<0
o
o
C
"
-<
~~~~~
.. c.n 0 c..n.......t
ooOgggg
4 0000
00000
00000
ts:C'-:::::
~:~~
~:~,i!r ~ tA
-2.~g~:~~
g;!u en b~
gr~ 9 gg~
(; g g ggg
'"
a
a
<D
N
~
a
G)
..,
I
(J)
o
..,
5'
!!!.
'"
<D
o
o
3
3
CO
"
a.
!!!.
0'
"
..
183
...
...
...
o
g
o
o
'"
...
...
...
o
Cl <It
Cl C)
(:) 0
Cl C)
...
en
o
C) ...
C) Cl
o (;)
C) C)
... '"
.... ... '"
... a...
b b (:)
<:) OOtA
<:) 0 a 0
o 000
o 00.0
"'''''''
'"
0"'0
000
000
000
000
000
'"
~
o
"'0'"
000
000
000
...
'" ...
...'"
00
"'00
f;~~
000
WWWWWw(..JWC..J
z....
. 0
. -
co.!!.
. %
"Uc
i~
!!.<It
-.
! ~
:
z
I
..
<It
.
~
~
Z
.
.
a.
.
9.
<It
...
.
"
!:
<ooao.....m
<cc;o
~.::J 1(" t>>
iiiaimC'
'<a.a:~
~~~;
~'<~o
09.33
~ ~ g ~-
(II fQ ~ (II
~O~~
~ g ~~.
~~a~
a. !!!
o 0
o -
"
..
So
!J:
0'
"
U.","WN_
;::<-0000
~J,&&~~
g'~~~~~
S'3(11-i~i
S:if"'3;
~j!!g;
~~;r~.S~~
i'< ~ g:
~" &'
~
n
..
z
i
!l
""
l!o
~
a.
a.
il
..
..
!T
";}C"'"T1G):;J;JcnO<:'~
3~a.~.._.j~j-.~~~i i
~ ~u,!!!.:~~i~ a
c~ccCQom~..,z 'U
"0,<7'1:"'0_ :J ("). 0
ga~.!~3~=Q& ~
~aiT~,<~~g~~ 3
.8.3~,g iil~~..;;;
a;Q!.GJ ~~. <'0
35ra3 co !!i
.:<m S.;u-
"T1 l> S" z
; (II (") ~ :
~~ ~ ~ :
~ ~ ~ ~
~ ~ ;;J "
co "U c
'0 a i
&> 70' 0"
3 U i
~, ~
:J ~
.3!
:::
..
..
:::r
5'
<0
;;
"
:t
c
3
II
:::J
en
CD
~
:t o.
c CD
3 (I)
mO
:::J 0
cn3
CD 3
~ iii"
-.(1)
n _.
CDo
fIJ :::J
G)"11
CD C
:::J ::I
CDQ.
~ -.
m :::J
-CQ
~:;u
~ CD
0.0
_0
:x: 3
(1)3
· CD
G):::J
"TIQ.
-II
G)e,
iil 0
:::J :::J
fit(/)
0'
.,
N
o
o
CD
.
N
o
.....
o
<;
...
5.
-<
"17
..
;l.
n
.g
!l.
co
:;
g.
~-
... tA Ett 6't 6't ; ~
~ NtAtAtA.....tA..........tA3 .0
~ b~~~b~~~b~ ~
g ggggggggg~ &.
o 000000000 ..
o 00.0.0.000.0.0
:: '"
... a
b b
o 0'"
Cl a a
o 00
Cl a a
-
~
3
~~
N-
O"
OC
..."
co.
..
a.
tAtA~ &t tA
~~~ b b
aO.oCAOtA.o
.00.00.00.0
0000000
.0.0.00.000
~ ~ tA ~
<It .0 c.n 0
g ~. M~~~~
~ ogoooo
Q 000.00.0
:;J;J
..
"
o
-3%
gi~
::I
a.
!l.
... '"
'" '"
b b
0"'0
ggg
000
...
...
o
Cl
o
o
Cl
o
... g
ii':
::I ::I
....
- ..
~::I
"
'<
'"
'"
o
o
o
o
o
...
C)
o
Cl
o
3!g
.. ,.
::I ::I
:tl
"
'<
COUNCIL MEETING DATE: October 21, 2008
ITEM #: 6.e.
......-..--..--.---.-..--.....................-..-..-..----.--__.___._.....__....______.._._......__...mm..._.___...__.....__ m._.._._............m...___.__m.....__.____...______..._...._............. ..__......................___ .......____......_____..______.______.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2009 - 2010 BIENNIAL BUDGET
POLICY QUESTION: Does Council wish to proceed with conducting the budget study sessions and public
hearings as required by RCW 35A.34 and plan for adopting the final budget no later than December 2, 2008?
COMMITTEE: Not Applicable
CATEGORY:
o Consent
I2SI City Council Business
MEETING DATE: Not Applicable
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~!!.~PO~!_~~~_i:ieal Beets,_9!YM~!!~fI~_________
DEPT: City Manager's Office
.....--__._...._..___....__....________....___m..__.__.___._____..__.__....____...
ATTACHMENTS: Bud2:et Plannin2: Calendar - The City Manager will present the proposed budget and
related documents at the Council Meeting. Copies will be made available for public review on the City's website
at www.citvoffcderalway.comand in the second floor and City Manager lobbies at City Hall.
SUMMARYIBACKGROUND: The City's Management Team has worked diligently to provide a fiscally-
sound budget for 2009 and 2010. The City will conduct three to four budget study sessions on October 29, 30
and November 5 & 18 (if needed) and two public hearings on November 4 and 18. Citizen input will be accepted
at all special meetings, budget study sessions and public hearings.
The 2009 - 2010 Biennial Budget Ordinance has been tentatively scheduled for introduction at the November 18
Council meeting, following a public hearing, with a second reading and enactment (based on Council approval)
at the December 2, 2008 Council Meeting.
---.-------.-............--.----------.-..-..--.----.-..____.___________.___.___.___._.__m__....___.__..__..__..__._.___.___..._._._.__..._______.____..__.____._m___.___.__.___._________._.._
STAFF RECOMMENDATION: Authorize the City Manager and staff to proceed with scheduling study sessions and
public hearings to bring the preliminary budget before the citizens of Federal Way.
CITY MANAGER ApPROVAL:
N/A
Council
N/A
DIRECTOR ApPROVAL:
N/A
Committee
Committee
COMMITTEE RECOMMENDATION: Not Applicable
PROPOSED COUNCIL MOTION: "I move to authorize the City Manager and staff to proceed with conducting
the budget study sessions and public hearings."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
184
CITY OF FEDERAL WAY
PRELIMINARY
2009/2010 BIENNIAL CITY BUDGET MEETINGS
All meetings will be held at City Hall, 33325 - 8th Avenue South, Federal Way, Washington.
CITIZEN COMMENT WILL BE ACCEPTED AT ALL BUDGET MEETINGS.
*****
The following meetings have been scheduled to consider the City of Federal Way's 2009-2010 biennial
city budget:
JUNE - AUGUST. 2008 - CITY MANAGER ISSUES BUDGET DIRECTIONS 0 STAFF.
· Staff develops 2009/2010 budget proposal
AUGUST - SEPTEMBER. 2008 - COMMUNITY MEETINGS.
· Attend community group and city commissioner meetings, update them on city budget
status and seek their input.
OCTOBER 21. 2008 - ReQular Council MEETINGS - 7:00 p.m.
· CM Delivers Preliminary Budget to Council
OCTOBER 29. 2008 - SPECIAL MEETINGS - 6:00 p.m.
· Budget Overview '
· Department Presentations:
Community Development. Public Works, and Parks/Recreation
OCTOBER 30. 2008 - SPECIAL MEETING - 6:00 p.m.
· Department Presentations
Police, law, Court
NOVEMBER 4. 2008 - REGULAR MEETING - 7:00 p.m.
· PUBLIC HEARING (required by RCW 35A.34)
2009 - 2010 Biennial Budget/property tax levy
NOVEMBER 5. 2008 - SPECIAL MEETING - 6:00 p.m.
· Department Presentations
City Administration and Support Service Departments
· Council Deliberations
NOVEMBER 18. 2008 - SPECIAL MEETING - 5:30 p.m. (only If needed)
· Continue Council Deliberations
NOVEMBER 18. 2008 - REGULAR MEETING - 7:00 p.m.
· PUBLIC HEARING Continue from November 4 (required by RCW 35A.34)
· Introduction Ordinance/2009-2010 biennial budget
· Introduction Ordinance/2009 property tax levy
DECEMBER 2, 2008 - REGULAR MEETING - 7:00 p.m.
· Enactment ordinance/2009-2010 biennial budget
· Enactment ordinance/2009 property tax rate
· Resolutionlfee schedule amendment
185
COUNCIL MEETING DATE: October 21, 2008
ITEM #: 7.a.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22 "Zoning," regarding outdoor
storage containers, portable moving containers, and related amendments.
POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 22 "Zoning, " regarding
outdoor storage containers, portable moving containers, and related amendments?
COMMlTTEE: LUTC
MEETING DATE: October 6,2008
CA TEGORY:
D Consent
D City Council Business
[8J Ordinance
D Resolution
D Public Hearing
D Other
STAFF REPORT By: Contract Senior Planner Lori Michaelson
DEPT: Community Development Services
Background: As part of the 2008 Planning Commission Work Program, staff conducted an analysis of potential
amendments to FWCC Chapter 22 "Zoning," in order to address outdoor storage containers, such as cargo and
shipping containers, and portable moving containers, such as "PODS" (Portable On Demand Storage). Based on the
analysis, staff prepared recommended amendments to allow outdoor storage containers meeting certain
requirements to be used as accessory storage in conjunction with any permitted principal use in non-residential
zones and in conjunction with institutional and quasi-public uses in residential zones; to allow temporary portable
moving containers and temporary construction-related containers meeting certain requirements in any zone; to
establish a 24-month compliance period for illegal nonconforming outdoor storage containers; and other related
amendments. The Planning Commission conducted a study session in the form of a public meeting on June 18,
2008. The Planning Commission conducted a public hearing on September 17,2008, and recommended that the
City Council approve the staff-recommended code amendments with modifications. Staff concurs with the Planning
Commission modifications and additional clarifications as confirmed by the commissioners. The Planning
Commission modifications have been incorporated into the proposed amendments, attached as Exhibit A to the
Draft Adoption Ordinance and indicated by d€Hthltl 8tril€tldmHtgft (deletions) and double underline (new) text.
Attachments: (I) Draft Adoption Ordinance with Exhibit A - Proposed Amendments as recommended by the
Planning Commission; (2) Planning Commission Modifications; (3) Staff Memo to the Planning Commission for
the June 18,2008, Study Session; (4) Minutes of the June 18,2008, Planning Commission Study Session; (5)
Staff Report to the Planning Commission for the September 17, 2008, Public Hearing; (6) Staff Memo to the
Planning Commission dated September 17,2008; and (7) Draft Minutes of the September 17,2008, Planning
Commission Public Hearing. (Note: Attachments 3-7 are not included with the Agenda Bill but are available
in the City Council Conference Room.)
Options Considered: (I) Adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft
Adoption ordinance; (2) Adopt the Planning Commission's Recommendation as modified by the LUTC; or (3) Do
not adopt the amendments.
186
STAFF RECOMMENDATION: Staff recommends that the Council approve Option #1; adopt the Planning
Commission'srecommendation as shown in Exhibit A to the Draft Adoption ordinance.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
~
~
to Committee
To Council
COMMITTEE RECOMMENDATION: Forward Option #1; adopt the Planning Commission's recommendation as
shown in Exhibit A to the Draft Adoption ordinance to full Council on October 21, 2008 for approval and first
reading.
.~~. .
4t~~ ~
Lmda Kochm ,Chair
~K ~.lLJiJ '
Jim Ferrell, Member
~k:-
PROPOSED COUNCIL MOTION: HI move approval of the LUTe's recommendation to approve the code
amendments. which are attached as Exhibit A to the Adoption Ordinance with a further modification to not
make changes to the definitions of dwelling unit (DU) and accessory dwelling unit (ADU) as these would be
duplicative. "
(BELOW TO BE COI~tPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K\2008 Code ArnendmentslCargo ContainersILUTC\100608 Materials\Agenda Bill Cargo Containers.doc
187
CITY OF FEDERAL WAY
DR4J:r
ORDINANCE NO. 08-
AN ORDINANCE, RELATING TO THE USE OF OUTDOOR STORAGE
CONTAINERS; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22,
ZONING, ARTICLE I, IN GENERAL, SECTION 22-1; ARTICLE IV,
NONCONFORMANCE, SECTION 22-338; ARTICLE XI, DISTRICT
REGULATIONS, SECTIONS 22-605 (SE), 22-639 (RS), 22-674 (RM), 22-697 (PO), 22-
724 (BN), 22-754 (BC), 22-799 (CC-C), 22-812 (CC-F), 22-829 (OP), AND 22-865 (CE);
AND ARTICLE XIII, SUPPLEMENTARY DISTRICT REGULATIONS.
WHEREAS, the City recognizes an increase in applications and requests to use outdoor storage
containers such as cargo or shipping containers for various storage purposes and an increase in the use
portable moving containers such as "PODS" for temporary moving and storage activities; and
WHEREAS, Federal Way City Code (FWCC) Chapter 22 "Zoning," does not address the use of
outdoor storage containers in response to such applications and requests and does not specify any zoning
district wherein the sale, lease, or rental of such units would be allowed as a principal use; and
WHEREAS, it is in the public interest for the City Council to adopt zoning regulations to allow outdoor
storage containers and portable moving containers in locations where they will be compatible with
surrounding uses; do not conflict with vehicular or pedestrian access, circulation, or sight distance; and
provided that preexisting illegal nonconforming outdoor storage containers will conform to the
regulations within a specified timeframe; and
WHEREAS, outdoor storage containers are appropriate as permanent uses in non-residential zones,
provided they are appropriately placed and screened; and
WHEREAS, outdoor storage containers are not compatible as permanent uses in residential zones due
to their size and industrial appearance, except in conjunction with institutional and quasi-public uses; and
WHEREAS, the temporary use of construction-related outdoor storage containers and portable moving
containers is appropriate in any zoning district subject to placement criteria and specified temporary time
frames; and
WHEREAS, it is in the public interest to facilitate outdoor storage containers for the purpose of storing
emergency preparedness supplies, or other materials related to the public health, safety, and welfare in
conjunction with institutional and quasi-public uses; and
WHEREAS, certain other code amendments will help implement the principal amendments or Increase
code efficiency, including but not limited to, adopting new or updated definitions, exempting temporary
containers from gross floor area calculations, allowing front yard mtrusions for temporary containers,
clarifying outdoor storage and screening standards, and clarifying review processes; and
Ord No. 08 -
. Page I
188
DRAFT
WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the Federal
Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on August 23, 2008, and no comments or appeals were received and the DNS was finalized on
September 23, 2008; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code
amendments on September 17, 2008, and forwarded a recommendation of approval to the City Council;
and the Land Useffransportation Committee of the Federal Way City Council considered these code
amendments on October 6, 2008, and recommended adoption of the text amendments as recommended by
the Planning Commission;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed code amendments.
A. The amendments will address current code deficiencies and serve the public interest by
establishing specific and detailed regulations related to outdoor storage containers and portable
moving containers: by responding to a growing demand from businesses and individuals to utilize
such accessory units; by ensuring overall project aesthetics and compatibility of the units with
surrounding areas through placement, design, and screening standards; by appropriately
identifying the Commercial Enterprise (CE) zone for the sale or rental or such units as a principal
use; by ensuring that illegal nonconforming outdoor storage containers will conform to the
regulations within 24 months of code adoption; and by increasing code accuracy and efficiency
through related clarifications and updates.
B. Outdoor storage containers are appropriate on a permanent basis in any non-residential zone
when accessory to a principal permitted use, provided they are appropriately placed and screened
to control aesthetic impacts; however, they are incompatible as permanent uses in residential
zones due to their size and industrial appearance, except when accessory to institutional and
quasi-public uses as defined by code.
C. Temporary, construction-related outdoor storage containers and portable moving containers are
appropriate accessory uses in any zoning district subject to placement criteria and specified
temporary time frames.
Ord No. 08 -
, Page 2
189
DRAFT
D. The amendments will protect residential areas by allowing the permanent use of outdoor storage
containers in residential areas only in conjunction with institutional and quasi-public uses and
will facilitate the storage of emergency preparedness and other supplies related to the public
health, safety, and welfare, as may be requested by institutional and quasi-public uses.
E. These code amendments comply with Chapter 36.70A RCW, Growth Management.
F. These code amendments are consistent with the intent and purpose of FWCC Chapter 22
"Zoning," and bear a substantial relationship to the public health, safety, and welfare and will
protect and will not adversely affect the public health, safety, or welfare.
G. These code amendments will implement and are consistent with the applicable provisions of the
Federal Way Comprehensive Plan.
H. These code amendments are in the best interests of the residents of the City of Federal Way.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUGl Improve the appearance and function of the built environment.
LUG3 Preserve and protect Federal Way's single-family neighborhoods.
LUP 15 Protect residential areas from impacts of adjacent non-residential uses.
LUP6 Conduct regular reviews of the development regulations to determine how to improve
upon the permit review process.
LUP35 Allow a broad and range of commercial, retail, office, industrial, and supportive uses
to meet the needs of workers and consumers in well integrated, well functioning, high
quality developments.
Ord No. 08 -
, Page 3
190
DRAFT
LUP36 Require development to be compatible and well integrated into its surroundings and
adjacent uses through site and building design and development standards that reduce
or eliminate land use conflicts, nuisance impacts, or critical areas impacts; ensure
project aesthetics; promote sharing of public facihties and services; and improve
vehicular and pedestrian traffic flow and safety, including access control and off-
street interconnectivity between adjoining properties where feasible.
2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare
because it establishes use and development regulations not provided in the current code for the
accessory use of outdoor storage containers, portable moving containers, and sale or rental of
such units as a principal use; establishes the appropriate locations, processes, design, and related
requirements; and clarifies and refines various related codes in order to increase the efficiency of
the development revie_w process.
And
3. The proposed amendment is in the best interest of the residents of the City because it addresses a
currently unaddressed and emerging accessory land use and an unaddressed principal use; responds
to public inquiries and requests; and makes allowances for such containers while ensuring their
appropriate placement and screening to ensure project aesthetics and compatibility with surrounding
areas.
Section 3. Amendment. FWCC Chapter 22 "Zoning," Article I, "In General"; Article IV,
"Nonconfonnance"; Article XI, "District Regulations," Sections 22-605 (SE), 22-639 (RS), 22-674 (RM),
22-697 (PO), 22-724 (BN), 22-754 (BC), 22-799 (CC-C), 22-812 (CC-F), 22-829 (OP); and 22-865 (CE);
and Article XI[(, "Supplementary District Regulations" are amended as set forth in the attached Exhibit
A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Ord No. 08 -
, Page 4
191
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the day of , 2008.
ApPROVED:
Mayor, Jack Dovey
A TrEST:
DRAFT
City Clerk, Carol McNeilly
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
K:\2008 Code AmendmenlslCargo ContainerslLUTCI100608 MaterialslLaw Adoption Ordinance Cargo Containers (3).doc
Ord No. 08 -
, Page 5
192
EXHIBIT A
(TO DRAFT ORDINANCE)
Federal Way City Code, Chapter 22 "Zoning"
Article I - In General
OUTDOOR STORAGE CONTAINERS TEXT AMENDl\1ENTS
(Revised October 6, 2008)
Sections:
22-1 Definitions.
22-2 Authority.
22-3 Purpose.
22-4 Reserved.
22-5 Reserved.
22-6 Modification of interpretation - Permits unaffected.
22-7 Variance, permit, decision or discretionary approval.
22-8 Conflict of provisions.
22-9 Effective date.
22-10 Easement agreements approved by the city attorney.
22-11 Violation of this chapter.
22-12 - 22-30 Reserved.
22-1 Definitions.
Accessory means a use, activity, structure or part of a structure which is subordinate and incidental in
size, scale, desi2:n, or purpose to the main acti';ity vrincipal use or structure on the subject property~, and
supports the principal use or structure without displacin2: or dominatin2: it. See FWCC 22-946.
Generally, accessory uses, facilities and activities normally associat-ed with a permitted use are permitted
as part of that use.
Building means a roof-ed struoture used for or intended for human occupancy any structure havin2: a
roof supported by columns or waUs and intended for the shelter, housin2:, or enclosure of any
individual, animal, process, equipment, 2:oods, or materials of any kind.
Canto containers - See Outdoor Storaf!e Containers and Portable Movinf! Containers.
Outdoor means not contained within a building.
Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and not enclosed within a building.
Outdoor storaf!e containers means new or used prefabricated metal or steel enclosures used for
the accessorv stora2:e of supplies, equipment, inventory, 2:oods, commodities, or construction-
related materials~ desi1?ned without an axle or wheels~ and capable of bein1? mounted on a chassis or
b01!:ie for movement by truck, trailer, rail car, or ship. This definition includes, but is not limited to,
car1!:O, shippin2:, and frei2:ht containers~ and excludes typical residential accessory buildin2:s or
FWCC Chapter 22. Article I, "Definitions"
OSC Code Amendment - October 1, 2008
Page 1 of2
193
structures such as 2ara2es and stora2e sheds; 2arba2e and recvclin2 containers; containers
mounted on a truck or in some sta2e of transport~ structures used or desi2ned to be used as livin2
facilities, and portable movin2 containers as defined in this article. See FWCC 22-1114 and 22-
1115.
Portable movinf! containers means new or used prefabricated units that can be rented bv
residential or business customers for temporary accessory movin2 and stora2e activities, includin2,
but not limited to, such products trademarked as "PODS" (Personal On Demand Stora2e), "SAM"
(Store and Move), and "Door to Door." Such containers are typically delivered to a site by truck,
left on site for a temporary loadin2 period, then retrieved by truck and delivered to another
location, which may include a stora2e facility. See FWCC 22-964.
Quasi-Dublic use means a use owned or operated by a private nonprofit or philanthropic
institution that provides cultural, recreational, or similar types of pr02rams and services.
Structure means anything '.",hich is built or constructed, an edifice or building of any kind or any
pieoe of 'Nork artificially built up or composed of parts joined together in some definite manner!
combination or arran2ement of material for use, occupancy, or ornamentation, whether installed
on, above, or below the surface of land or water.
K:\2008 Code Amendments\Cargo Containers\City Council\Ex. A to Draft Ordinance (Article I).doc
FWCC Chapter 22, Article I, "Definitions"
OSC Code Amendment - October 1, 2008
Page 20f2
194
EXHIBIT A
(TO DRAFT ORDINANCE)
Federal Way City Code, Chapter 22 "Zoning"
Article IV - Nonconformance
OUTDOOR STORAGE CONTAINERS TEXT AMENDMENTS
(October 1, 2008)
Sections:
22-325 Purpose and intent.
22-326 Administration.
22-327 When conformance is required.
22-338.3 Noncooformin2 outdoor stora2e containers.
22-339 Special provisions for compliance with government regulations.
22-340 Special provisions for critical aquifer recharge areas and wellhead protection areas.
22-341 Prohibition on increasing nonconformance.
22-342 Applicability of building codes.
22-343 Special provision for damaged improvements.
22-344 Appeals.
22-325 Purpose and intent.
The purpose of this article is to allow for the continuance and maintenance of legally established
nonconforming uses and structures, and to provide standards delineating the circumstances in which
nonconforming uses and structures must be brought into conformance with the standards and provisions
prescribed within this chapter. In particular, the intent of this article is to:
(I) Ensure a reasonable opportunity for use of legall y created lots which do not meet current
minimum code requirements for the zoning district in which they are located.
(2) Ensure a reasonable opportunity for use, maintenance and minor improvement of legally
constructed buildings, structures and site development features, encourage a reasonable opportunity for a
change of tenants using such buildings, structures, or features, even where those buildings, structures and
features do not comply with development regulations prescribed by this chapter, and provide more
flexibility relative to structures and developments that were built in accordance with the codes and laws in
effect at the time of construction.
(3) Ensure a reasonable opportunity for continuation oflegally established uses which do not
conform to use regulations for the zoning district in which they are located.
(4) Encourage the replacement of nonconforming uses having potentially undesirable impacts on
conforming uses.
(5) Encourage the upgrading of nonconforming buildings, structures and site development
features which do not comply with development regulations prescribed by this chapter. (Ord. No. 97-307,9
3, 12-16-97; Ord. No. 04-468, ~ 3,11-16-04)
22-326 Administration.
This article establishes when and under what circumstances nonconforming aspects of a use or
development must be brought into conformance with this chapter. The provisions of this article should be
used only if there is some aspect of the use or development on the subject property that is not permitted
under this chapter. (Ord. No. 90-43, ~ 2(165.05), 2-27-90; Ord. No. 91-113, ~ 4(165.05), 12-3-91; Ord. No. 92-
FWCC Chapter 22, Article IV, "Nonconformance" - OSC Code Amendment (File #08-102684-UP) - 1011/08
195
135, S 3(165.05), 4-21-92; Ord. No. 92-144, S 3(165.05),6-16-92; Ord. No. 97-307, S 3, 12-16-97; Ord. No. 04-468,
S 3, ll-16-04)
22-327 When conformance is required.
If an aspect, element, activity or use of or on the subject property conformed to the applicable zoning
chapter in effect at the time that aspect, element, activity or use was constructed or initiated, that aspect,
element, activity or use may continue and need not be brought into conformance with this chapter unless a
provision ofthis article requires conformance. (Ord. No. 90-43, ~ 2(165.10), 2-27-90; Ord. No. 91-113, ~
4(165.10),12-3-91; Ord. No. 92-135, S 3(165.10), 4-21-92; Ord. No_ 92-144, ~ 3(165.10),6-16-92; Ord. No. 97-
307, S 3, 12-16-97; Ord. No. 04-468, ~ 3, 11-16-04)
22-338.3 Nonconformin2 outdoor stora2e containers.
(l) Eli2ibilitv. Anv outdoor stora2e container located within the city limits on the date of
adoption ofthis Code. Februarv 28. 1990. located in areas annexed to the city thereafter on the date
of annexation. or approved by the city after February 28. 1990. and before the effective date of
Ordinance 08-**** re2ulatin2 outdoor stora2e containers. which does not conform to FWCC 22-
1114. FWCC 22-963. or any other applicable provisions of this Code. is eli2ible for desi2nation as a
le2al nonconformin2 outdoor stora2e container provided it meets the followin2 requirements:
(a) The outdoor stora2e container was established pursuant to a permit and is in
compliance with any permit requirements. if one was required under applicable law: or
(b) If no permit was required under applicable law. the outdoor stora2e container was in
compliance with applicable law.
(2) Allowed. Allle2al nonconformin2 outdoor stora2e containers are allowed subject to the
provisions related to loss of nonconformin2 status and other limitations set forth in this chapter.
(3) Loss of le2al nonconformin2 status. All nonconformin2 outdoor stora2e containers shall be
immediatelv removed or modified to conform to all of the provisions of this Code and a permit
secured therefore. and shall lose their le2al nonconformin2 desi2nation wben one.or more of tbe
followin2 events occur:
(a) Increase in 2ross floor area. The applicant is increasin2 the 2ross floor area of the
principal use on the subject property whereon the container is located;
(b) Other alterations. The applicant is makin2 any chan2e. alteration. or performin2 work
other tban normal maintenance or other than tenant improvements. to the improvements on the
subject property in any 12-month period and the fair market value of such chan2es. alterations. or
other work exceeds 50 percent of the assessed value of the development as determined bv the Kin2
County assessor;
(c) Abandonment. The subject property containin2 the stora2e container is abandoned for
90 or more consecutive days: or
(d) Chan2e in use. There has been a cban2e in use on tbe subject property as that term is
defined bv FWCC 22-1.
K:\2008 Code Amendments\Cargo Containers\LUTC\IO0608 Materials\Ex. A to Draft Ordinance (Article IV).doc
FWCC Chapter 22, Article IV. "Nonconfonnance" - OSC Code Amendment (File #08-102684-UP) - 10/1108
2
196
EXHIBIT A
(TO DRAFT ORDINANCE)
Federal Way City Code, Chapter 22 "Zoning"
Article XIII - Supplementary District Regulations
OUTDOOR STORAGE CONTAINERS TEXT AMENDMENTS
(October 1, 2008)
(Note: Does not reflect unrelated, non-substantial amendments in Ord. #07-573, as adopted but not yet codified.)
Sections:
Division 1. Generally
22-946 Accessory uses, buildines, and structures facilities and activities.
22-963 Regulation of temporary trailers for construction, real estate sales offices, and outdoor storaee
containers for construction-related materials storaee.
22-964 Reeulation of portable movine containers for temporary accessory movine activities.
22-9645 Regulation of distance between structures - Regarding maximum horizontal facade.
22-9M-!! Accessory dwelling units.
22-9661 Personal wireless service facilities (PWSF).
22-96+~ Development standards.
22-96&2 Nonconformance.
22-96970 Temporary personal wireless service facilities.
22-97() I Application requirements.
22-97+2. Collocation.
22-97~1 EMF standards and interference.
22-97~ Removal of facility.
22-974i Permit limitations.
22-97~!! Revocation of permit.
22-9761 Affordable housing regulations.
22-97+~ Increases to single-story construction limits - City center core and frame.
22-97&2-980. Reserved.
Division 8. Outdoor Activities and Storage
22-1111 Application of division.
22-1112 Residential uses.
22-1113 Commercial and industrial uses.
22-1114 Reeulation of outdoor storaee containers for permanent accessory storaee.
22-1115 Permit requirements for permanent accessory outdoor storaee containers.
22-1114!!-22-1130. Reserved
Division 9. Yard Requirements
22-1131 Scope of division.
22-1132 Exceptions and limitations in some zones.
22-1133 Structures and improvements.
FWCC Ch. 22, Art. XIII. ~Supplementary District Regulations" -OSC Code Amendment (File #08-1026840-UP) -10/1/08
Page I of 18
197
Division 1. Generally
22-946 Accessory uses, buildio!!s, and structures facilities and activities.
(a1.) Generally. As limited by this section, accessory use~, buildings, and structures facilities and
activities normally associated with as a permitted use, buildin2, or structure are permitted as part of that
use , buildin2, or structure. The aAccessory use~, buildin2s, or structures facility or activity must be
clearly secondary to the permitted principal uses, buildin2, or structures.
(b1) Authority of director. The director of community development services is authorized to determine
if a particular accessory use, buildin!!, or structure facility or activity is normally associat~d with, clearly
secondary to, and actually accessory to the a particular permitted principal use, buildin2, or structure
and if the particular acoessory use, facility or acti-,'ity is dearly secondary to the permitted use.
(3) Accessory buildin!! size limits. Both the total 2ross floor area and footprint of an accessory
buildin2 must be less than the total 2ross floor area and footprint of the principal buildin2 on the
subiect property, respectively.
(~ Exceptions and limitations. This ohapter establishes specific limitations and regulations for
oertain acoessory uses, faoilities and activities for some uses in some zones. Where applicable, those
!!!!!.!!: specific limitations and regulations apply under this chapter to particular accessory uses or
structures, those limitations and re2ulations supersede the general statement~ efin subsection (a1.) of
this section. (Ord. No. 90-43, ~ 2(115.10),2-27-90)
22-963 Regulation of temporary trailers, buildin2s, or other structures for construction~ and real
estate offices, and outdoor stora2e containers for construction related materials.
Temporary trailers! ef-buildings, or other structures used for constructionoffices~ aHd real estate
sales offices, or outdoor stora2e containers used temporarily to store construction materials, and
normally associated with construction of a building or development~ are permitted on the subject property
during building or development on or of the subject property in any zone, subiect to Process I approval
or inte2ration into the land use process applicable to the underlyin2 proiect. Temporary trailers1..aHd
buildings, or other structures and outdoor stora!!e containers permitted under this section may not be
located in required yards, except as noted in FWCC 22-1133(10), unless permitted in writing by the
director of community development services. Temporary outdoor stora2e containers for constructlon-
related materials stora2e shall be placed to minimize visibility from surroundin2 streets, pedestrian
areas, and properties and shall be painted a neutral color and/or screened from view if necessary to
minimize visual impacts to surroundin2 properties, as determined by the director of community
development services. Any temporary trailer! eF building~ outdoor stora2e container or other
structure permitted under this section must be removed from the subject property within six months after
completion of construction of the improvements on the subject property, unless permitted in writin!! by
the director of community development services. The city may require a bond, under FWCC 22-146 et
seq., to cover the cost of removing the temporary trailer or building, if necessary. (Ord. No. 90-43, ~
2(115.135),2-27-90)
22-964 Re2ulation of portable movin!! containers for temporary accessory movin!! activities.
Portable movin2 containers may be used in any zone for the purpose of temporary accessory
movin2 activities, subiect to the followin2 criteria: (1) Residentially zoned lots are allowed only one
container at any time~ (2) The size, materials, and desi2n of the container must be consistent with
the movin2 industry standard for the particular use and settin2~ (3) Containers may not be placed
in required side yards, rear yards, or critical areas setbacks, or interfere with safe si2ht distance or
traffic circulation in adiacent streets and sidewalks~ and (4) Containers may remain on a property
no lon!!er than 60 days in any 180-day period, unless p@rmiU@d ill writill!:: approved by the director
of community development services. PerBons ,dskinf to plue Buek a eontainer mUBt pro'ride
ad"anee writtellllotiee to tke director, 8peeifvinf: the addreBs of the property wken the @ontainer
FWCC Ch. 22, Art. xm, "Supplementary District Regulations" - OSC Code Amendment (File #08-I026840-UP) -IO/l/08
Page 2 of 18
198
will be plaud, dimensions oCtile eontain@r, antidpat@d dates of delh'erv and remoyal, and the name
and @ontatlt inwrmation for the responsible party. Th@ diretltor 'will issu@ written @onfirmation and
maintain a n@ord of allsu@h noth~es. The appli@ant may request in ",rionl?: an extension to the
sptl@ified timeframe of up to an additional 69 da-;s, and the diredor may apPI'O'I'e su@h nqu@st if
the applh!lant enplains who; the @xtension is ne@essary and the @it-; dlltHmiftes that th@ extension will
not @r@ahl a nuisan@@ for adiac@nt prop@rt'\' owners or b@ dlltrim@ntal to the publi@ health, safety,
and welfare. Th@ @it-; may also require a bond, under FVI'CC 11 1 ~6 et s@q., to @ov@r tile @ost of
nmo,\'iftl?: thl! @ontaift@r, if ftll@@ssary.
22-964~Regulation of distance between structures - Regarding maximum horizontal facade.
(a) General. For purposes of the regulations in this chapter regarding the maximum length of a
structure's facade only, two structures will be treated and considered as one structure if any elements of
the structures, other than as specified in subsection (b) of this section, are closer than 20 feet to each
other. In addition, structures connected by a breezeway or walkway will be regulated as one structure if
any element of the breezeway or walkway is higher than eight feet above finished grade.
(b) Exceptions. The following are excepted from this section:
(1) Porches and similar elements of a structure no higher than 18 inches above fmished grade may
be closer than 20 feet to another structure.
(2) Chirrmeys, bays, greenhouse windows, eaves and similar elements that customarily extend
beyond the exterior walls of a structure may be no closer than 18 1/2 feet from another structure. (Ord. No.
90-43, 9 2( t 15.30), 2-27-90)
22-96S~ Accessory dwelling units.
(a) Purpose. In order to provide affordable housing to the citizens of Federal Way and in order to
comply with the Growth Management Act and the Washington State Housing Policy Act, this section
permits accessory dwelling units ("ADU") which comply with the conditions set forth in this Code.
(b) Definitions. Any words, terms or phrases used in this section and which are not otherwise defined
shall have the meanings set forth in FWCC 22-1.
(c) Permit requirements. Owners desiring to construct and/or operate a ADD shall be required to
apply for and obtain an ADD permit from the department of community development services, comply
with all the special regulations set forth in FWCC 22-613 and 22-648, comply with aU other applicable
law, obtain all other necessary permits and pay all fees in connection with such construction or operation.
The application shall be accompanied by the appropriate application fee as established by the city's
adopted fee schedule. The department of community development services may issue a certificate of
ADU compliance on the basis of inspection(s) of the ADU, and may require corrections as appropriate
under the Uniform Building Code and other applicable codes or laws. In the event the ADU does not
comply with such applicable laws, the department of community development shall deny the ADU
application unless the ADU is exempt pursuant to subsection (d) of this section.
(d) Exemption/nonconformance. No ADU permit is required for legal nonconforming ADUs which
are permitted pursuant to FWCC 22-338.1, Nonconformance.
(e) Enforcement. ADDs not complying with the provisions of this section within 12 months of the
effective date of adoption of this section and/or ADUs not constituting a legal nonconforming ADU
pursuant to FWCC 22-338.1, are subject to the enforcement provisions of Chapter 22 FWCC, Article II,
Division 5, regarding enforcement of Code violations and are subject to all other enforcement remedies
available to the city by applicable law, including without limitation, the requirement for the property
owner to immediately abate or discontinue such ADUs. (Ord. No. 95-245, S 3(8), 11-21-95)
22-9661 Personal wireless service facilities (PWSF).
(a) Purpose. This section addresses the issues oflocation and appearance associated with personal
wireless service facilities. It provides adequate siting opportunities through a wide range of locations and
options which minimize safety hazards and visual impacts sometimes associated with wireless
FWCC Ch, 22, Art. XIU, "Supplementary District Regulations" -OSC Code Amendment (File #08-1026840-UP) -10/1/08
Page 3 of 18
199
communications technology. The siting of facilities on existing buildings or structures, collocation of
several providers' facilities on a single support structure, and visual mitigation measures are required,
unless otherwise allowed by the city, to maintain neighborhood appearance and reduce visual clutter in
the city.
(b) Definitions. Any words, terms or phrases used in this section which are not otherwise defined
shall have the meanings set forth in FWCC 22-1.
(c) Exemptions. The following antennas and facilities are exempt from the provisions of this section
and shall be permitted in all zones consistent with applicable development standards as outlined in the use
zone charts, Article XI of this chapter, District Regulations:
(I) Wireless communication facilities used by federal, state, or local public agencies for
temporary emergency communications in the event of a disaster, emergency preparedness, and public
health or safety purposes.
(2) Industrial processing equipment and scientific or medical equipment using frequencies
regulated by the FCC; provided such equipment complies with all applicable provisions of FWCC 22-
960, Rooftop Appurtenances, and Chapter 22 FWCC, Article XIII, Division 5, Height.
(3) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio
operators; provided such antennas comply with all applicable provisions ofFWCC 22-960, Rooftop
Appurtenances, and Chapter 22 FWCC, Article XIII, Division 5, Height.
(4) Satellite dish antennas less than two meters in diameter, including direct-to-home satellite
services, when used as a secondary use of the property; provided such antennas comply with all
applicable provisions of FWCC 22-960, Rooftop Appurtenances, and Chapter 22 FWCC, Article XIII,
Division 5, Height.
(5) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data for
use in the sale of utility services, except for whip or other antennas greater than two feet in length;
provided the AMR facilities are within the scope of activities permitted under a valid franchise agreement
between the utility service provider and the city.
(6) Routine maintenance or repair of a wireless communication facility and related equipment
excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or
buildings; provided, that compliance with the standards of this chapter are maintained.
(d) Prioritized locations. The following sites shall be the required order of locations for proposed
PWSFs, including antenna and equipment shelters. In proposing a PWSF in a particular location, the
applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority
locations and document, to the city's satisfaction, why locating the PWSF in each higher priority location
and/or zone is not being proposed. In order of preference, the prioritized locations for PWSFs are as
follows:
(I) Structures located in the BPA traiL A PWSF may be located on any existing support structure
currently located in the easement upon which are located U.S. Department of Energy/ Bonneville Power
Administration ("BP A") Power Lines regardless of underlying zoning.
(2) Existing broadcast, relay and transmission towers. A PWSF may be located on an existing site
or tower where a legal wireless telecommunication facility is currently located regardless of underlying
zoning. If an existing site or tower is located within a one mile radius of a proposed PWSf location, the
applicant shall document why collocation on the existing site or tower is not being proposed, regardless of
whether the existing site or tower is located within the jurisdiction of the city.
(3) Publicly used structures. If the city consents to such location, a PWSF may be located on
existing public facilities within all zoning districts, such as water towers, utility structures, fire stations,
bridges, and other public buildings, provided the public facilities are not located within public rights-of-
way.
(4) Appropriate business, commercial, and city center zoned sites. A PWSF may be located on
private buildings or structures within appropriate business, commercial, and city center zoning districts.
The preferred order of zoning districts for this category of sites is as follows:
CE - Commercial Enterprise
FWCC Ch. 22, Art. XIII, "Supplementary District Regulations" - asc Code Amendment (File #08-1026840-UP) - 10/1/08
Page 4 of 18
200
CP-I-Corporate Park
OP through OP-4 - Office Park
CC-C - City Center Core
CC-F - City Center Frame
BC - Community Business
(5) Appropriate public rights-of-way. For the purposes of this section, appropriate public rights-
of-way shall be defined as including those public rights-of-way with functional street classifications of
principal arterial, minor arterial, and principal collector. A PWSF may be located on existing structures in
appropriate public rights-of-way. Structures proposed for location of PWSFs shall be separated by at least
330 linear feet. Within any residential zone, neighborhood business (BN) zone, or professional office
(PO) zone, there shall be no more than one PWSF located on an existing structure. Location of a PWSF
on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in
addition to the required use process approval.
The preferred order of functional street classifications for this category of sites is as follows:
Principal Arterial
Minor Arterial
Principal Collector
If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding
uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning
shall be the preferred location.
If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses
or zoning are the same, the preferred location shall be that portion of the right-of-way with the least
adverse visual impacts.
(6) If the applicant demonstrates to the city's satisfaction that it is not technically possible to site
in a prioritized location, the city reserves the right to approve alternative site locations if a denial would
be in violation of the 1996 Telecommunications Act, as determined by the city. (Ord. No. 97-300, S 3,9-16-
97; Ord. No. 00-363, S 14, 1-4-00; Ord. No. 01-399, S 3, 8-7-01)
22-96+l! Development standards.
The following development standards shall be followed in the design, siting, and construction of a
personal wireless service facility:
(1) Building- or structure-mounted PWSFs not located in the public right-of-way. PWSFs
mounted on existing buildings and structures not located in a public right-of-way shall conform to the
following development standards:
a. The PWSF shall consist only of the following types of facilities:
1. A microcell or a minor facility; or
2. A PWSF that exceeds the minor facility thresholds for number of antennas,
dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the
director of community development services, subject to meeting all of the following standards:
i. The facility shall not create substantially more adverse visual impact than a minor
facility; and
ii. The equipment cabinet for the PWSF shall meet all requirements of subsection (5)
of this section; and
iii. The maximum size of the PWSF panels and number of antennas shall be
determined by the director of community development services, based on the specific project location,
surrounding environment, and potential visual impacts; and
iv. The PWSF shall comply with all other applicable standards of the Federal Way
City Code.
b. The combined antennas and supporting structure may extend up to, but not exceed, 15 feet
above the existing or proposed roof or other structure regardless of whether the existing structure is in
conformance with the existing maximum height of the underlying zone as outlined in the use zone charts,
FWCC Ch. 22, Art. XIII. "Supplementary District Regulations" - ase Code Amendment (File #08-1026840-UP) - 10/1108
Page 5 of 18C
201
Article XI of this chapter, District Regulations. Antennas may be mounted to rooftop appurtenances
provided they do not extend beyond 15 feet above the roof proper.
c. The antennas are mounted on the building or structure such that they are located and
designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the
greatest extent practical, blend into the existing environment pursuant to subsection (4) of this section.
Panel and parabolic antennas shall be screened from residential views and public rights-of-way unless
meeting the provision of FWCC 22-960(b )(2).
(2) PWSFs located on structures within appropriate public rights-of-way. These facilities shall
conform to the following development standards:
a. The PWSF shall consist only of the following types of facilities:
1. A microcell or a minor facility; or
2. A PWSF that exceeds the minor facility thresholds for number of antennas,
dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the
director of community development services, subject to meeting aU of the following standards:
i. The facility shall not create substantially more adverse visual impact than a minor
facility; and
ii. The equipment cabinet for the PWSF shall meet all requirements of subsections
(5) and (6) of this section; and
iii. The maximum size of the PWSF panels and number of antennas shall be
determined by the director of community development services, based on the specific project location,
surrounding environment, and potential visual impacts. The maximum size of antennas to be located on
existing structures in a public right-of-way shall be two feet in diameter for parabolic antennas, eight feet
in height for panel antennas, and 15 feet in height for whip antennas; and
iv. The PWSF shall comply with all other applicable standards of the Federal Way
City Code.
b. The combined antennas may extend up to the minimum necessary height to meet safety
clearances required by the operator of the existing structure, but not exceed 15 feet above the existing
structure, plus the height of the proposed antennas as specified in subsection (2)(a)(2)(iii) of this section.
The maximum allowable height of the new structure with the PWSF antennas shall be determined by the
director of community development services, depending upon the antenna type, design, location on the
structure, and the proposed method of attachment. An existing structure can be increased in height only
once per 12-month period. Any structure, whether a new or replacement structure, located in a public
right-of-way must be similar in terms of size (except height), shape, color, material, and location to the
existing and surrounding structures, as determined by the director of community development services.
The antenna extension may be permitted regardless of whether the existing structure is in conformance
with the maximum height of the underlying zone as outlined in the use zone charts, Article XI of this
chapter, District Regulations. The antenna extension may be permitted regardless of whether the existing
structure is in conformance with the maximum height of the underlying zone as outlined in the use zone
charts, Article XI of this chapter, District Regulations.
c. The antennas shall be mounted on the structure such that they are located and designed to
minimize adverse visual and aesthetic impacts to surrounding land uses and structures and shall, to the
greatest extent practical, blend into the existing environment pursuant to subsection (4) of this section.
d. Structures in appropriate public rights-of-way proposed for location of PWSFs shall 'be
separated by at least 330 linear feet.
e. Required setbacks shall not pertain to PWSFs within public rights-of-way or equipment
enclosures located underground on properties adjacent to the public right-of-way. Within residential
zones, equipment enclosures located above ground on properties adjacent to the public right-of-way shall
meet all applicable setback requirements for residential development of the underlying zone. For
developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be
those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the
setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards.
FWCC Ch. 22, Art. XIll, "Supplementary District Regulations" - OSC Code Amendment (File #08-1026840-UP) - 10/\108
Page 6 of \8
202
(3) New freestanding PWSFs. These structures shall conform to the following site development
standards:
a. Placement of a freestanding PWSF shall be denied if placement of the antennas on an
existing structure can meet the applicant's technical and network location requirements.
b. Monopoles shall be the only freestanding structures allowed in the city; except that a lattice
tower may be used to accommodate the collocation of four or more providers as part of a joint permit
application.
c. In no case shall a freestanding PWSFs be located closer than 500 feet to an existing
freestanding PWSF whether it is owned or utilized by the applicant or another provider.
d. A freestanding PWSF, including the support structure and associated electronic equipment,
shall comply with all required setbacks of the zoning district in which it is located. For developed sites,
the setback requirements shall be those of the principal use of the subject property. For undeveloped sites,
the setback requirements for new freestanding PWSFs shall be 20 feet for front, side, and rear yards.
e. Freestanding PWSFs shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures so as to:
1. Use existing site features to screen as much of the total PWSF as possible from
prevalent views; and/or
2. Use existing site features as a background so that the total PWSF blends into the
background with increased distances.
f. In reviewing the proposed placement of a facility on the site and any associated
landscaping the city may condition the application to supplement existing trees and mature vegetation to
more effectively screen the facility.
g. Support structures, antennas, and any associated hardware shall be painted a nonreflective
color or color scheme appropriate to the background against which the PWSF would be viewed from a
majority of points within its viewshed. The proposed color or color scheme shall be approved by the
hearing examiner or community development director.
(4) Screening standards for all PWSFs. PWSFs shall be screened or camouflaged through
employing the best available technology and design, as determined by the city. This may be accomplished
by use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to,
artificial trees and hollow flag poles, and/or other methods or techniques to achieve minimum visibility of
the facility as viewed from public streets or residential properties. In addition, the provisions for
landscaping as outlined in the use zone charts, Article XI of this chapter, District Regulations, shall apply.
(5) Standards for electronics equipment enclosures.
a. The following shall be the required order of locations for proposed electronic equipment
enclosures for all PWSFs. In proposing an equipment enclosure in a particular location, the applicant shall
analyze the feasibility of locating the proposed equipment enclosure in each of the higher priority
locations and document, to the city's satisfaction, why locating the equipment enclosure in each higher
priority location is not being proposed. In requesting a lower priority location for the equipment
enclosure, the burden of demonstrating impracticability shall be on the applicant. In order of preference,
the prioritized locations for equipment enclosures are as follows:
l. Equipment enclosures shall be placed underground.
2. Equipment enclosures shall be placed in an existing completely enclosed building.
3. Equipment enclosures shall be placed above ground in an enclosed cabinet that shall
not exceed six feet in height al1d occupy more than 48 square feet of floor area, including areas for
maintenance or future expansion.
4. Equipment enclosures shall be placed above ground in a new completely enclosed
building.
b. If above-ground equipment enclosures shall be screened with one or a combination of the
following methods, which shall be acceptable to the city: Fencing, walls, landscaping, structures,
buildings or topography which will block the view of the equipment enclosure to the greatest extent
possible from any street and/or adjacent properties, as determined by the director of community
FWCC Ch, 22, Art XU!, "Supplementary District Regulations" - asc Code Amendment (File #08-1026840-UP) - 10/1/08
Page 7 of 18
203
development services. Screening may be located anywhere between the enclosure and the above
mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy
condition, as determined by the city. .
c. Equipment enclosures located underground shall be exempt from setback requirements of
the underlying zone. In residential zones, equipment enclosures located above ground shall meet all
applicable setback requirements for residential development of the underlying zone. For developed sites
in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the
principal use of the subject property. For undeveloped sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards.
d. If the equipment cabinet is located within a new completely enclosed building, the building
shall conform to all applicable development standards and design guidelines for the underlying zone. The
completely enclosed building shall be architecturally designed and shall be compatible with existing
buildings on the site. The completely enclosed building shall be screened to the greatest extent possible
from any street and/or adjacent properties by landscaping and/or topography.
(6) Additional standards for equipment enclosures for PWSFs located on structures within
appropriate public rights-of-way.
a. The following shall be the required order of locations for proposed electronic equipment
enclosures for PWSF located within public rights-of-way. In proposing an equipment enclosure in a
particular location, the applicant shall analyze the feasibility of locating the proposed equipment
enclosures in each of the higher priority locations and document, to the city's satisfaction, why locating
the equipment enclosure in each higher priority location is not being proposed. In requesting a lower
priority location for the equipment enclosure, the burden of demonstrating impracticability shall be on the
applicant. In order of preference, the prioritized locations for equipment enclosures are as follows:
1. Electronic equipment enclosures shall not allowed within the right-of-way in
residential zones, neighborhood business (BN) zones or professional office (PO) zones.
2. Equipment enclosures shall be placed underground on an adjacent property outside of
the public right-of-way.
3. Equipment enclosures shall be placed above ground on an adjacent property outside of
the public right-of-way in an existing completely enclosed building.
4. Equipment enclosures shall be placed above ground on an adjacent property outside of
the public right-of-way in an enclosed cabinet that shall not exceed six feet in height and occupy more
than 48 square feet of floor area, including areas for maintenance or future expansion.
5. Equipment enclosures shall be placed above ground on an adjacent property outside of
the public right-of-way in a new completely enclosed building.
6. Equipment enclosures shall be placed underground within the public right-of-way.
7. Equipment enclosures shall be placed above ground within the public right-of-way in
an enclosed cabinet that shall not exceed six feet in height and occupy more than 24 square feet of floor
area, including areas for maintenance or future expansion.
b. Equipment enclosures located underground on properties adjacent to the public right-of-
way shall be exempt from setback requirements of the underlying zone.
c. In residential zones, equipment enclosures located above ground on properties adjacent to
the public right-of-way shall meet all applicable setback requirements for residential development of the
underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment
enclosure shall be those of the principal use of the subject property. For undeveloped sites in
nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side,
and rear yards.
d. Equipment enclosures shall be designed, located, and screened to minimize adverse visual
impacts from the public right-of-way and adjacent properties.
e. Equipment enclosures shall be designed, located, and screened to minimize adverse visual
and functional impacts on the pedestrian environment.
f. Equipment enclosures and screening shall not adversely impact vehicular sight distance.
FWCC Ch. 22. Art. XIII, "Supplementary District Regulations" - OSC Code Amendment (File #08-1026840-UP) - 1011108
Page 8 of 18
204
(7) Security fencing.
a. No fence shall exceed six feet in height as stipulated in FWCC 22-1133(5).
b. Security fencing shall be effectively screened from view through the use of appropriate
landscaping materials.
c. Chain-link fences shall be painted or coated with a nonreflective color.
(8) Cumulative effects. The city shall consider the cumulative visual effects of PWSFs mounted
on existing structures and/or located on a given permitted site in determining whether additional permits
may be granted so as to not adversely effect the visual character of the city.
(9) Signage. No wireless equipment shall be used for the purpose of mounting signs or message
displays of any kind, except for small signs used for identification and name of provider.
(10) Use wne charts, height and permit process.
a. The final approval authority for applications made under this section shall be defined by
the appropriate permit process as outlined in the use zone charts, Article XI of this chapter, District
Regulations.
b. Allowed heights shall be established relative to appropriate process as outlined in the use
zone charts, Article XI of this chapter, District Regulations. (Ord. No. 97-300,93,9-16-97; Ord. No. 00-363,
~ 14, 1-4-00; Ord. No. 01-399,93,8-7-01)
22-9682 Nonconformance.
Permit applications made under this section to locate a PWSF on property on which a
nonconformance is located shall be exempt from the requirements of Chapter 22 FWCC, Article IV,
Nonconformance, to bring the property into conformance as follows:
(I) To provide the public improvements required by Chapter 22 FWCC, Article XVI,
Improvements, as stipulated in FWCC 22-336.
(2) To bring the property into conformance with the development regulations prescribed in
Chapter 2l FWCC relating to water quality as stipulated in FWCC 22-337(a)(7). All other requirements
of FWCC 22-337 to bring the property into conformance with the development regulations prescribed in
Chapter 21 FWCC relating to water quality shall apply. (Ord. No. 97-300, ~ 3,9-16-97; Ord. No. 00-363, ~ 14,
1-4-00)
22-96970 Temporary personal wireless service facilities.
As determined by the director of community development services, a temporary personal wireless
service facility, or cell-on-wheels, may be deployed and operated as follows:
(1) For a period of90 days during the construction ofa freestanding PWSF which has been
approved through the appropriate permit process; provided, that the temporary personal wireless service
facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through
the appropriate permit process. Only one temporary personal wireless service facility or cell-on-wheels
shall be permitted for a single site.
(2) For a period of 30 days during an emergency declared by the city, state, or federal government
that has caused a freestanding PWSF which has been approved through the appropriate permit process to
become involuntarily non-operational; provided, that the temporary personal wireless service facility or
cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the
appropriate permit process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash
bond in an amount to be determined by the director of community development services in order to
guarantee performance of future removal and restoration of the site. (Ord. No. 97-300, S 3, 9-16-97; Ord. No.
00-363, 9 14, 1-4-00)
FWCC Ch. 22, Art. XIII. "Supplementary District Regulations" - OSC Code Amendment (File #08-1026840-UP) - 10/1/08
Page 9 of 18
205
22-970!.Application requirements.
(a) Except for temporary personal wireless facilities, permit applications made under this section shall
include the following minimum information in addition to that required for the underlying permit review
process:
(1) A diagram or map showing the primary viewshed of the proposed facility.
(2) Photosimulations ofthe proposed facility from affected properties and public rights-of-way at
varying distances.
(3) Architectural elevations of proposed facility and site.
(4) A coverage chart of the proposed PWSF at the requested height and an explanation ofthe
need for that facility at that height and in that location. The explanation shall include an analysis of the
feasibility of locating the proposed PWSF in each of the higher priority locations as identified in FWCC
22-966( d), and documentation of why locating the PWSF in each higher priority location and/or zone is
not being proposed.
(5) An inventory of other PWSF sites operated by the applicant or other providers within a one
mile radius of the proposed PWSF location, including specific information about location, height, and
design of each facility.
(6) A site/landscaping plan showing the specific placement ofthe PWSF on the site; showing the
location of existing structures, trees, and other significant site features; and indicating type and locations
of plant materials used to screen PWSF components.
(7) If the PWSF electronic equipment cabinet is proposed to be located above ground, regardless
of the proposed location, whether on private or public property or within public right-of-way, an
explanation of why it is impracticable to locate the cabinet underground.
(8) If the equipment cabinet is proposed to be located in a public right-of-way, an explanation of
why it is impracticable to locate the equipment cabinet on adjacent property outside the public right-of-
way. If the PWSF is located on an existing structure in an appropriate public right-of-way, a copy of all
applicable easements for placement and maintenance of the equipment enclosure on an adjacent property
outside of the public right-of-way.
(9) Documentation of efforts to collocate on existing facilities.
(10) The city may require the applicant, at the applicant's expense, to provide any additional
information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to
implement this article and to require that such information, studies, mapping, materials, inspections, and
reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense.
(b) Permit applications for temporary personal wireless service facilities shall include the following
minimum information:
(1) Documentation of previously permitted facility.
(2) Site plan showing proposed location of temporary facility in relationship to the location of the
previously permitted facility and property boundaries, including dimensions from the property lines and
height of proposed facility.
(3) Photographs of the proposed facility. (Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 00-363, ~ 14, 1-4-
00; Ord. No. 01-399,93,8-7-01)
22-971~ Collocation.
(a) A permittee shall cooperate with other PWSF providers in collocating additional antenna on
support structures and/or on existing buildings and sites provided said proposed collocatees have received
a permit for such use at said site from the city. A permittee shall allow other providers to collocate and
share the permitted site, provided such shared use does not give rise to a substantial technical level
impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a
dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the
city may require a third party technical study at the expense of the permittee. Failure to comply with this
provision may result in a revocation of the permit.
Fwee eh. 22, Art. XIII, "Supplementary District Regulations" - ase Code Amendment (File #08-1026840-UP) - 10/1108
Page 10 of 18
206
(b) A signed statement indicating that the applicant agrees to allow for the potential collocation of
additional PWSF equipment by other providers on the applicant's structure or within the same site
location shall be submitted by the applicant as part of the permit application. If an applicant contends that
future collocation is not possible on their site, they must submit a technical study documenting why.
(c) Collocation requirements shall not apply to PWSFs located on existing structures in appropriate
public rights-of-way within residential zones, neighborhood business (BN) zones and professional office
(PO) zones. (Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 00-363,9 14, 1-4-00)
22-9n;! EMF standards and interference.
(a) The applicant shall comply with federal standards for EMF emissions. Within six months after the
issuance of its operational permit, the applicant shall submit a project implementation report which
provides cumulative field measurements of radio frequency (EMF) power densities of all antennas
installed at the subject site. The report shall quantify the EMF emissions, compare the results with
established federal standards, and provide a statement that the EMF emissions are within established
federal standards. Said report shall be subject to review and approval of the city for consistency with the
project proposal report and the adopted federal standards. If on review, the city finds that the PWSF does
not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a
reasonable time based on the nature of the problem to comply with the federal standards. If the permit is
revoked, then the facility shall be removed.
(b) The applicant shall ensure that the PWSF will not cause localized interference with the reception
of area television or radio broadcasts or the functioning of other electronic devices. If on review of a
registered complaint the city finds that the PWSF interferes with such reception, the city may revoke or
modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to
correct the interference. If the permit is revoked, then the facility shall be removed. (Ord. No. 97-300, ~ 3,
9-16-97; Ord. No. 00-363, 9 14, 1-4-00)
22-97J1 Removal of facility.
(a) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy
of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC.
Additionally, the owner or operator of a PWSF shall notify the city in writing of the abandonment of a
particular facility within 30 days of the date the PWSF is abandoned. The abandoned PWSF shall be
removed by the facility owner within 90 days of the date the PWSF is abandoned, the permit is revoked,
or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes
structural features, paint, landscaping, or general lack of maintenance which-could result in adverse safety
or visual impacts. If there are two or more users of a single tower, then the city's right to remove the
tower shall not become effective until all users abandon the tower.
(b) Partial abandonment and removal. If the abandoned antennas on any PWSF are removed or
relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer
in use, the PWSF shall be considered partially abandoned. The owner or operator of any partially
abandoned PWSF shall notify the city in writing of the partial abandonment of a particular facility within
30 days of the date the PWSF is partially abandoned. The owner of the PWSF shall have 120 days from
the date of partial abandonment to collocate another service on the PWSF. If another service provider is
not added to the PWSF within the allowed 120-day collocation period, the owner shall in 210 days of
partial abandonment, dismantle and remove that portion of the supporting structure which exceeds the
point at which the highest operational antenna is mounted.
(c) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility
upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the
property owner on which the abandoned or partially abandoned facility is located. The city may enforce
this paragraph using the procedures as set forth in FWCC 1-14, Article 3. (Ord. No. 97-300, ~ 3,9-16-97;
Ord. No. 00-363, S 14, 1-4-00)
FWCC Ch. 22. Art. XIII, "Supplementary District Regulations" - OSC Code Amendment (File #0&-I026840.UP) - 1011/08
Page II of 1&
207
22-974~ Permit limitations.
(a) A permit for a PWSF shall expire 10 years after the effective date of the permit approval, unless
earlier revoked by the city. A permittee wishing to continue the use of a specific PWSF at the end of the
10-year period must apply for an application to continue that use at least six months prior to its expiration.
The renewal application shall comply with all applicable laws and regulations dictating new permit
issuance. In ruling on said renewal the city shall consider all then existing regulations affecting the
application that are appropriate to the technology and use.
(b) Five years after the effective date of the land use process approval of a PWSF, the permittee or
assignee shall submit a written statement summarizing its current use and plans, if any, for that
facility/site for the next five years to the best of their knowledge.
(c) Consistent with the provisions of FWCC 22-408, an approved permit for a PWSF shall be valid
for one year from the effective date of the use process approval, with opportunity for a one-year
extension. If a building permit application is not received within one year of the effective date of the use
process approval, or within the extension period, the use process approval shall become null and void.
(Ord. No. 97-300, S 3, 9-l6-97; Ord. No. 00-363, ~ 14, 1-4-00)
22-97SQ Revocation of permit.
A permit issued under this article may be revoked, suspended or denied for anyone or more of the
following reasons:
(I) Failure to comply with any federal, state or local laws or regulations;
(2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of
a permit;
(3) When the permit was procured by fraud, false representation, or omission of material facts;
(4) Failure to cooperate with other PWSF providers in collocation efforts as required by this
article;
(5) Failure to comply with federal standards for EMF emissions; and
(6) Failure to remedy localized interference with the reception of area television or radio
broadcasts or the functioning of other electronic devices;
(7) Pursuant to FWCC 22-7(c), the city, as the applicant, shall use the same process to determine
if the permit shall be revoked as it used to grant the permit. (Ord. No. 97-300, S 3, 9-16-97; Ord. No. 00-363, S
14, 1-4-00)
22-9761 Affordable housing regulations.
(a) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the
Growth Management Act and the county-wide planning policies for King County.
(b) Affordable housing defined. "Affordable housing" means dwelling units that are offered for sale
or rent at a rate that is affordable to those individuals and families having incomes that are 80 percent or
below the median county income.
(c) Multiple-family developments. New multiple family or mixed-use projects involving 25 dwelling
units or more are required to provide affordable dwelling units as part of the project. At least two
dwelling units or five percent ofthe total number of proposed units, whichever is greater, shall be
affordable. Projects including affordable dwelling units may exceed the maximum allowed number of
dwelling units as follows:
(l) One bonus market rate unit for each affordable unit included in the project; up to 10 percent
above the maximum number of dwelling units allowed in the underlying zoning district.
(d) Single-family developments. New single-family developments in the RS-35, RS-15, RS-9.6, and
RS-7.2 zoning districts have the option of providing affordable dwelling units as part of the project.
Projects including affordable dwelling units may reduce minimum lot size as follows:
(1) Those lots in a new single-family subdivision which are proposed to contain affordable
dwelling units may be reduced in area by up to 20 percent of the minimum lot size of the underlying
FWCC Ch. 22, Art. XIII. "Supplementary District Regulations" - O$C Code Amendment (File #08-1026840-UP) - 1011108
Pagel2ofl8
208
zoning district; provided that the overall number of dwelling units in the subdivision may not exceed 10
percent of the maximum number of units allowed in the underlying zoning district.
(e) Duration. An agreement in a form approved by the city must be recorded with King County
department of elections and records requiring affordable dwelling units which are provided under the
provisions of this section to remain as affordable housing for the life of the project. This agreement shall
be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. (Ord.
No. 97-306, ~ 3, 12-2-97; Ord. No. 02-424, ~ 3, 9-17-02)
22-97+~Jncreases to single-story construction limits - City center core and frame.
(a) Generally. The size of single-story buildings, and/or the total amount of new single-story
construction that can occur on a site may exceed the limits of 16,000 gross square feet as required by
Article XI, Division 8, if approved by the director of community development services using the
provisions in this section. The intent of this section is to encourage creative design proposals and urban-
scale, pedestrian-oriented development, by allowing single-story buildings and/or single-story
construction on a site to exceed the limits of 16,000 square feet, based on the nature and extent to which a
project incorporates a mix of uses, multiple-story buildings, and/or public on-site open space.
(b) Definitions. The following definitions apply to this section:
(I) Floor area means the total area of a building floor plate in gross square feet.
(2) Mixed-use building means a building containing two or more different principal permitted
uses, as determined by the director, and which occupy separate tenant spaces.
(3) Multiple-story building means a building containing two or more floors of active permitted
use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory,
nonactive areas, contains at least 33 percent of the ground floor area.
(4) The site means subject property as defined by this chapter.
(c) Formula. The following formula establishes the incremental increases beyond 16,000 gross square
feet that may be added to an existing or proposed single-story building(s) anywhere on the site, in
exchange for the specified uses and building forms:
(I) One thousand square feet may be added in exchange for each 1,000 square feet of a principal
use(s) contained in an attached or detached mixed-use/multiple-story building.
(2) Two thousand square feet may be added in exchange for each dwelling unit contained in an
attached or detached mixed-use/multiple-story building.
(3) One thousand square feet may be added in exchange for each five parking stalls contained in
an attached or detached parking structure.
(4) One thousand square feet may be added in exchange for each 1,000 square feet of public on-
site open space; provided, that it is located and designed according to the definition and design criteria for
public on-site open space set forth in Article XIX.
(d) Modifications. The director may approve minor modifications to the above formula based on
unusual site conditions or unique design proposals, provided the resulting project is consistent with
comprehensive plan policies promoting urban-scale, pedestrian-oriented development in the city center,
and meets all other applicable development regulations and design standards.
(e) Exclusion from size limits. Those portions of a ground floor that are covered by upper floor space,
within buildings approved under this section, are excluded from the size limits of Article XI, Division 8.
(Ord. No. 06-515, S 3,2-7-06)
22-9782 - 22-980 Reserved.
Fwee Ch. 22, Art. XIII, "Supplementary District Regulations" -ose Code Amendment (File #08-1026840-UP) -1011108
Page 13 of 18
209
Division 8. Outdoor Activities and Storage
22-1111 Application of division.
This division establishes regulations applicable to outdoor uses, storage and activity. (Ord. No, 90-43, ~
2(115.105(1)),2-27-90)
22-1112 Residential uses.
The purpose of this chapter is to establish standards for outdoor residential use, storage and activities
related to motor vehicles and nonmotorized vehicles. These standards are intended to protect property
values by reducing visual blight, aid in emergency access and fire safety, guard against the creation of
rodent and pest harborage, and reduce the impact on the natural environment from the leaking of motor
vehicle fluids.
Outdoor uses, storage and activities normally associated with a residential use are permitted, unless
otherwise regulated or prohibited by this chapter.
All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either
detached or attached dwellings shall be in a garage, carport or on an approved impervious surface. Non:
motorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck
campers, and boat or vehicle transport trailers. Any garage, carport or impervious surface used for motor
vehicle or nonmotorized vehicle parking or storage shall have direct driveway access. This section does
not apply to residential lots containing a detached dwelling unit where the total lot size is 20,000 square
feet or more. However, junked, wrecked, dismantled, or inoperable motor vehicles must be stored in a
completely enclosed building regardless of the size or zoning designation of the lot. (Ord. No. 90-43, S
2(115.105(2)),2-27-90; Ord. No. 99~341, 9 3, 5-4-99)
22-1113 Commercial and industrial uses.
(aD Generally. Subject to Process I and the followine requirements, of subseotions (b) through (g) of
this seotion, the commercial and industrial uses and aotivities that are permitted on a site under this
chapter may be conducted out-of-doors unless otherwise regulated or prohibited by this chapter.
(hl) Site plan. The applicant shall submit, for approval to the department of community development,
a site plan drawn to scale showing and describing the following items:
(+!) Locations and dimensions of all buildines. structures and fences on the subject property.
(~!!) Locations and dimensions of all parking and driving areas on the subject property.
(J.~ Locations and dimensions of all existing and proposed outdoor use, activity, or storage area
and related buildines or structures on the subject property.
(4!!) Locations and description of all existing and proposed landscaping on the subject property.
(~The nature of the outdoor use, activity, 6f storage area or related buildine or structure,
including a detailed description of all items proposed to be stored outdoors.
(6f) The intended duration of the outdoor use, activity or storage.
(eJ) Specific use and development requirements. The city will administratively review and either
approve or deny any application for outdoor use, activity.1 and Q! storage based on the following
standards:
(+!) All outdoor use, activity and storage areas must comply with required buffers for the primary
use.
(~!!) A minimum six-foot-high solid screening fence, wan, or other appropriate architectural
screening, surrounded by five feet ofTvpe I landscapine as defined by FWCc 22-1565(a). or
combination of architectural and landscape features, approved by the director of community development
services is required around the outside edges of the area devoted to the outdoor use, activity or storage
area, unless determined by the director that such screenine is not necessary because the use or
stored materials are. not visually obtrusive. Proposed architectural and landscape scree nine
methods shall be consistent with Article XIX, Community Desien Guidelines, and Article XVII,
Landscapin2, of this chapter.
FWCC Ch. 22, Art. XIII. "Supplementary District Regulations" - OSC Code Amendment (File #<J8-1026840-UP) _ 1O/l/08
Page 14 of 18
210
(~) Outdoor use, activity or storage areas located adjoining residential zones or permitted
residential uses may not be located in the required yards adjoining the residential use or zone.
(4!!) If the outdoor storage area is surrounded on all sides by the industrial commercial zone, then
the height of the outdoor storage shall not exceed the height of the primary structure on the subject
property. In all other cases, tIhe height of uncontained items stored outdoors shall not exceed six feet
above finished grade, unless the director approves a different hei2ht limitation after considerin2 the
zonin2 of the site and the surroundin2 properties and the extent to which the location or methods of
screenin2 the items minimizes visibility from adiacent streets and properties. and the items are not
visually obtrusive and do not detract from the aesthetic quality of the overall development.
(~!D The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian
movement to, from and on the subject property.
(d1) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities, when
located in commercial and industrial-commercial zones, are exempt from the requirement of subsections
(b1) and (eJ) of this section; provided, that the use, activity or storage shall not inhibit safe vehicular and
pedestrian movement to, from and on the subject property:
(+;0 Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year.
(;!.!!) Outdoor amusement rides, carnivals and circuses and parking lot sales which are accessory
to the indoor sale ofthe same goods and services if these uses will not operate more than seven days in
any six-month period.
OS) Outdoor dining and refreshment areas, including espresso carts.
(4!!) Outdoor display of vehicles for sale or lease; provided, that the display area complies with
all other applicable requirements of this chapter.
(~!D Year-round outdoor sales and storage of lawn and garden stock, which are accessory to the
indoor sale of the same goods and services; provided, that the use does not include outdoor play
equipment, storage sheds, furniture or mechanical equipment.
(6D Outdoor accessory sales area(s) adjacent to the entrance of the primary structure, if such area
is fully covered by a pedestrian-height awning, canopy, roof overhang, or similar feature, that is
permanently attached to the primary structure; and all of the following criteria are met: (a) the area
maintains a five-foot-wide unobstructed pedestrian pathway to the building entrance, and in no way
blocks any required ingress/egress; (b) sale items are displayed only during normal business hours; (c) no
coin-operated vending machines or similar items are displayed; (d) the area complies with subsections
(e;1)(+;0, (e;1)(J~ and (e;D(~~ of this section; and (e) the area complies with aU fire, building, and zoning
requirements.
(e~ Gross floor area. For the purpose of this chapter, an outdoor use, activity or storage area will be
used in calculating the gross floor areil of a use or development if this area will be used for outdoor use,
activity or storage for at least two months out of every year, excluding the uses listed under subsection
(d1) of this section and the followin2 uses: temporary trailers, buildin2s and structures listed in
FWCC 22-963; portable movin2 containers listed in FWCC 22-964; and outdoor stora2e containers
used to store emer2ency preparedness supplies or related materials if approved under FWCc 22-
1114.
(@ Improvements. If the outdoor use, activity or storage is located on an unimproved area ofthe site,
the under!ying ground must be improved as required by the departments of public works and community
development.
(g1) Modification. The applicant may request a modification of the requirements of subsection (ejill
of this section. This request will be reviewed and decided upon under process II. The city may approve
the modification if:
(+!) The modification will not create a greater impact on any nearby residential use than would
be created without the modification.
(;!.!!) The modification will not detract from the character of any use.
FWCC Ch_ 22. Art_ XIII, "Supplementary District Regulations" - OSC Code Amendment (File #08-1 026840-UP) - 10/1108
Page 15 of 18
211
(~~ The modification will not be injurious to public health, safety or welfare. (Ord. No. 90-43, 9
2(115.105(3)),2-27-90; Ord. No. 96-270, ~ 3(C), 7-2-96; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07)
22-1114 Re1!ulation of outdoor stora1!e containers for permanent accessory stora1!e.
(1) Allowed uses and zones. If approved under this section, outdoor stora1!e containers may be
used as permanent accessory stora1!e in coniunction with any allowed principal use in any non-
residential zone. In residential zones they may be used as permanent accessory stora1!e only in
coniunction with institutional or Quasi-public uses, and not with any other permitted use(s).
Outdoor stora1!e container(s) may in no case be the principal structure or use of a property. Refer
to FWCC 22-963 and 22-964 for re1!ulations related to the temporary use of outdoor stora1!e
containers and portable movin1! containers in residential and non-residential zones.
(2) Review process. Requests to place accessory outdoor stora1!e containers on a permanent
basis are subiect to Process I. Director's Approval. unless the container(s) is part of a development
proiect that requires a different review process, in which case it shall be reviewed in coniunctiou
with that proiect and process.
(3) Desi1!n criteria. Permanent outdoor stora1!e containers are subiect to subsections FWCc 22-
1113(1 )-(3), FWCC 22-1113 (5)-(7), and the followin1! criteria:
(a) Containers shall be placed to minimize visibilitv from surroundin1! streets, pedestrian
areas, and properties; and shall not be located between the principal buildin1! and front property
line.
(b) Containers shall not be stacked.
(c) Containers shall not be refri1!erated, or used or desi1!ned to be used for office, sales, or
other habitable space.
(d) Containers shall be painted to match adiacent buildin1!(s) or improvements.
(e) No loose material shall be stacked on or near a container unless approved under all
applicable provisions of this article.
(0 Containers shall be screened in accordance with subsection FWCC 22-1113(3)(b), above.
In reviewin1! proposed screenin1! methods, the director will consider the zonin1! of the site and
surroundin1! properties; location of the container and visibilitv from adiacent streets and
properties; existin1! and proposed landscapin1!; and the physical condition of the container;
provided that containers located on or adioinin1! a residentiallv zoned property shall receive 100
percent si1!ht obscurin1! screenin1!.
(1!) The director may limit the number and/or size of containers on a site if necessary to
minimize visual or operational impacts to the site or surroundin1! properties.
(h) The director may waive or modify the screenin1! and/or placement criteria oCthis section
as necessary to accommodate the stora1!e of emer1!enCV preparedness supplies or other materials
related to the public health, safety, and welfare, when used in coniunction with institutional and
Quasi-public uses.
22-1115 Permit requirements for permanent accessory outdoor stora1!e containers.
(l) No outdoor stora1!e container 1!overned bv the provisions of this code shall be installed,
moved or altered bv any person without obtainin1! a permit from the department of community
development services. Applicants shall comply with all applicable re1!ulations set forth in section
22-1114. and all other applicable laws, and obtain all other necessary permits, and pay all fees in
connection with all applicable permits. In the event the outdoor stora1!e container does not comply
with applicable laws, the department of community development services shall deny the
application, unless the container is exempt pursuant to subsection (2) of this section.
(2) Exemption/nonconformance. No permit is required for le1!al nonconformin1! outdoor stora1!e
containers which are permitted pursuant to FWCC 22-338.3, Nonconformance.
(3) Enforcement. Outdoor stora1!e containers not complvin1! with the provisions of this section
within twenty-four (24) months of the effective date of adoption of this section and not constitutin1!
FWCC Ch. 22, Art. XIII, "Supplementary District Regulations" - OSC Code Amendment (File #08-1026840-UP) - 10/1108
Page 16 of 18
212
a le2al nonconformin2 outdoor stora2e container pursuant to FWCC 22-338.3 are subiect to the
enforcement provisions of this chapter and other enforcement remedies available to the city.
22-1114Q:- 22-1130 Reserved.
Division 9. Yard Requirements
22-1131 Scope of division.
This division establishes what structures, improvements and activities may be in or take place in
required yards as established for each use in each zone by this chapter. (Ord. No. 90-43, S 2(115.115( 1 )),2-
27-90)
22-1132 Exceptions and limitations in some zones.
This chapter contains specific regulations regarding what may be in or take place in required yards in
certain instances. Where applicable, those specific regulations replace any inconsistent provisions of this
division. (Ord. No. 90-43, S 2( 115.115(2)}, 2-27-90)
22-1133 Structures and improvements.
No improvement or structure may be in a required yard except as follows:
(I) A driveway and/or parking area subject to the standards of FWCC 22-1135.
(2) Any improvement or structure, other than a driveway and/or parking area, that is not more
than four inches above finished grade may be anywhere in a required setback yard.
(3) An improvement or structure that is not more than 18 inches above finished grade may extend
not more than five feet into a required yard.
(4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a
structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into
any required yard. The total horizontal dimension of the elements that extend into a required yard,
excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the
elements extend.
(5) Fences and railings not over six feet in.height may be located in required yards subject to the
fence regulations contained within this article.
(6) Rockeries and retaining walls may be located in required yards if:
{a.,.l..The rockery or retaining wall is not being used as a direct structural support for a major
improvement; and
Dr.1The rockery or retaining wall is reasonably necessary to provide support to a cut, fIll. or
slope.
(7) Signs may be located in required yards subject to provisions of FWCC 22-1596 et seq.
(8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open
along the sides, are permitted in required yards in commercial, industrial-commercial, and office zones.
(9) In low and medium density residential zones, the applicant may, through process III, request
approval to locate a storage shed in a required yard, except a required front yard. The city may approve
the application if:
{a.,.} The proposed structure is no more than eight feet high above finished grade;
Dr.} The maximum length of the facade of the proposed structure parallel to each property
line, from which the required yard is not provided, shall not exceed to feet;
{c.,.} The proposed structure contains no more than 120 square feet in total area;
{d.,.l..No reasonable alternative' location exists on the subject property due to special
circumstances regarding the size, shape, topography or location of the subject property or the location for
legally constructed pre-existing improvements of the subject property; and
{e.,.} Permitting the intrusion onto the required yard will not create a material, negative impact
FWCC Ch. 22, Art. XlII, "Supplementary District Regulations" - OSC Code Amendment (File #08-1 026840.UP) _ IOlllOS
Page 170fl8
213
on the character of nearby residential uses. (Ord. No. 90-43, 9 2(115.115(3)), 2-27-90; Ord. No. 00-375, 9 24,
2000; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07)
(10) Construction-related outdoor stora2e containers may be temporarily placed in the
required front yard of an o@llupi@d sin2le-famity residential lot if approved under FWcC 22-963,
and portable moVinl!: containers may be temporarily placed in the required front yard of any lot if
approved under FWCC 22-964.
K:\2008 Code Amendments\Cargo Containers\LUTC\IOO608 Matenals\Ex. A to Draft Ordinance (Article XIII).doc
FWCC Ch. 22, Art. XIlI. "Supplementary District Regulations" - OSC Code Amendment (File #08-1 026840-UP) _ 1011108
Page 18 of 18
214
215
rJ)
E-c
-z
~~
u~
ZQ
<Z
~~
~~
O~
~t:;;
;;a~
QrJ)
ogs
E-cZ
'-' -
~~
E-cE-c
_z
l:Q0
=au
~~
~c
;;a
o
E-c
rJ)
~
o
o
C.l
E-c
~
o
-
00
o
o
N
-
l.
QJ
.c
o
-
v
o
'-'
c,i
"0
o
..c:
<J
rJl
t(l
o
\0
.
N
N
c
g
U
Cl)
tIl
]
E
..:::
t:
<B
....
Cl)
tIl
tIl
Cl)
o
c
-0
c
~
tIl
C
S
....
~
~
Cl)
....
Cl)
iJ
o
....
u
E
;:j
tIl
Cl)
C
o
N
iU
rJl
'-'
Cl)
E
tIl
Cl)
C
~
.D
....
;:j
.D
;:j
tIl
Cl)
iJ
E
'0
Cl)
~
g
g
Cl)
.D
c;;
....
Cii
tIl
Cl)
tIl
;:j
gf
.~
..s
;S
Cl)
..:::
E-<
Eo-<
c:::
<
=t:
u
~
z
o
N
~
en
;J
~
Z~
000
N
V)
z
o
1=:
<
.....l
=:J
o
~
...
2
'"
'"
2
"
'"
z'
!.LI
:r: E
E- =
E
R
~ ro
=::;;:;
-0
2
s~;mds 3Ull\lEd
p~Jmb~~
~3EJ~AOJ 101
9
'"
~ ~
.g >-
~-o
~ 3.~
~ E =
E-'.2 ';:;
iQ~e<:
c:;:
(lpEJ) ~plS
V)
z
o
1=:
()
~
is
SNOIl. V"1!1~3"lI
SS~;)OJd h\JI A;:Ii!
p;:lJmb~i!
;;
.. ."
!I i ." II ~
~ ~ -~ n ] ~ ~ .~
~~ - gg'~ ~ >
~] ~ -~ ~ ~ ~
=' 11 '3_ ~;>:...: it
-5~ g.: .3 ~ci ~
-' ::;:; -;o:.a.z= .~",,_
SO t; ~ 1. ~ ._ u ] :; ~ ::
~ -g .~ ~ ~ ~ c ~ -~ 0..
=.~~ ~ E~ ~ E &~ ~
-~ ~~ 5i ~ ~ ~~~.
M 0.. ":Ii - ~ ~ 6 "g ~ a. ~
-g _'~ ~ .5 0 ~ ~ 11 ~ g ~
~ 2~~] ~~ ~ ~~ ~
.8_ .~ ~t'! c..c: 0 ....'1.1- d-5 0 g,
r:f.J c= 0: ::: 11I .5 fI'i 0 .... ~ ;3 0 >. ;g 2
~.-_~ 0-_ _~ v!! ouN "'O("'\L1 ;; c..
E-t .;:~ ~~ g'~ ~ g~: ~-o] TI ~
o '1J r--- "11 ;J ~ ] e rI1 .~ ~ ii bO t ~ -~ B
Z -0 ~ ~::l.__ a. 'll > 0 "0 .::: u ~ (: ~
~.~ -g~ 9 ~ ~~~ ~~-~ ~ ~
~ 'J) ~ t::: 11:; ] ~ "01 V -0 0 ":; ~ -0 _
Z g -~.g Ii ~ ~ a .~ ~ E ~ ~ ~ ~ 9
<J ~. e; i~ ~ ~=~ fig~ ~= ~
00 ~ ~~:.~ ~~ >. ~g~ ~~~ :~ g.
Z ~:1.~ .9 .D.~ 'E :uJ - ~ -: ~ " ~
o 9 ~ ~ ~ 3 ~ ^ ~ ~ ~ E .g ~ g 'u c:
~~ o~ ^u ~E :~~ Bo_ ~ 5-
< ~ ~.g t ~ ~ ~ ]. 6 ^ ~ ~ ~ ~ 0 .g
~ -E s g -5 ~ (5 ;.0 ~ :;! ~.~ ~ u - ~ v
;::> q; ~. 0 '8 j4) _= U ~. ...; ~ i.-o (U :::: ~ ..g tt1
c.:> ~ t: ~ ~ 1. ]: ~ ~ ~o ~ ].-;. ~o _ ~ ~ ~ ~
~ <5 'C ~ c: ^ ~ u ..g 0 -0 .- 0 ,....., - 1::0 a t:: _~ 'U
CG c: Q :; 5 ~ ~ t"' ~ 0 iU ~ ~ ~ c. > ~ ~ Q) :;::s u
~ .- .- -c: :oJ._ ~ ~ ~" ~ x -' +0 ~ ::;; ~ t;; ;> g't
<~l~~~ ~~ il ~ i~l~iIJi~ [i~
U .- 0 ~ '"' >. ~ ~ -g ~ ~ _ f - i.-o 0 U C Ul '- ] -~ ~
~ ~ ~ .9 ~ ~ ~ :a ~ ~ ~ ~ ~'~ : ~ -; -;; ~ ~ 0 e E
~ 0._ ~ 2" ~ 'S ..9 ::: ~ ,_g u OJ ::s 't 0 ~ ~ 0 ~ 2:-0'
rJ'.J e -e ~ ~ +:J 'U... ~ ~ ;;s 3 u'E ~ :3 ~ ~ ~ ~ ~ 0.
~-..a.u-;::;;;:;; ~.... :'1..:::: 0: uu2U::tJ.....CUl Ou
~3~u~ ~~ c.u ~ ::sg~~Og--iU~ ~~~
t1. .- ~.B' ~ 3 g ~ ~ ~ t.; ~ ~ .S -;. ~ M ~_ ...."'5 '~c: ~:9
~ ,:::._. =_ .~ ~ c~, - iU II,) -::: S ~-!l.I - U ..,
3J U v u":::: E 5. .9'; ~ -5 ::: ~ g ~ -5 E ~ iU u .0. ^
l' ~ ,g, -s g l~ ] ~ g '0 ~ g ~ ~.s ~.s ~ ~ r~
u.~~~utt1Eo ~B ;0 4g-2~?~S.s~'~ &,J-5
-5]-~_~~ ; ~~ a ~oa~~~]~>. ~ ~
(3 S e ~ ~ ~ -g ~ f:o'2 ~ c. 0. ~ ~ .~"E g ~ 0. a:;;> ~
- ~u_u .; ~.~ ~ ~~~~~~'~E~ ~XE
~~ 1; i Ji ~ ~_. ~ ..~_ ~ ~ ~ ~ ~ ~ I j ~ j ! j I
:=::SiUo.iU~-U~;> g_,-;~bg~~~~~~9B~
. .- ~ ~ '.n ..0 0 ~ tIl Ul ~.=:: <.;.::i {I'l,.:: cu..:::: >. _= ::s 0
~3~u ~~u~~~~~-5~~~o~~~~.~u~~:
~~~ ~=O~E~-~~'~~~~~~~~~~g~~&
~ct~-.~~~~~~~'3~~~~~e~~~6~~N~~
- ~~C~~,;~~~~ OO~ ~___-__
-g
;;;
~
..2
"
:0
"
"-
.0
OJ
~
-0
~ M
E ~ ~
: ~ y ~
V,C>'d
Co,!;),!;)
~mpn.llS
JOIl{jjl~H
o
-:; s ~ ~
;0.5 0 ~ 13 E a '5 5
~;g ~ :? B b Co .~] ~
;;~a:;..2 o-.=:.t:;-g ~ 2
1) 00 6 ~
v ff~ ';i -; '- ~
4..,6~-;~__~::l
g-gClj,.ovc.805i
2 ~
'r. ,!;)
on '"
~
on
r--
JE~~
o
o
on on
" V
- v
"'-0
-0 ~
;; 0 ~
:J ~ ~
r~ 5 ~
" 0
:=: ~ E
c: 2
vo
-5 V)
.;::
o
~
o
N
..:::
o
~
~o
.~ N
] .-
o~
IUOl:l
nlSl01
'"
:u
;j
"
<n
'n
'n
"
U
~=
on
'0
"" '2
en ~
::J C/l
216
r--
:n>D
" -
0-0
C C
" '"
,,'"
C/1
0-
~
"
'"
::;
N
'"
.",
..
~
0-
~
"
'"
.".
o
N
'"
"'"
"
~
~
g
~
."
"
~
;f
~
"
0.
"0
"
"
~
i2
a
0.
:;
o
-'"
'"
..;
]
.E
.~
.c
~
:.g
"
..
"
u
~
g
I
]
~
..
'0
...
o
u..
'"
.c
i<
'0
~
.;:;
"
-0
C;
u..
(5
~
,~
"0
S:!
."
"
.D
.~
."
~
;:ig"'::
-r'lf("f
-gNNNt
;jNC'INf
, I I
- - ...0
~ or) ..0 Xl I
:::: r; r; r'l .
-:N N ('I (
'IJNNN(
'll Xl':.
~ "Q",
o
u:
9
..:
x.
~
'"
.r::
"
d
::;;:;
00
o
'"
o
o
G
E-
~
~
o
c
.is
c
o
()
o
~
'"
~
c
"
E
-0
C
o
E
<
o
-0
o
()
00
o
o
<:::l
~
c<l
<0...
o
"
00
'"
c...
00
o
o
N
...:
...
o
,!;)
B
u
o
I
'"
C
o
E
-0
C
o
E
..:
o
-0
o
()
()
V)
o
'"
c
.9
""
::;
00
o
e<:
'5
'"
p
x
o
U
.~
N
N
...
o
i5.
'"
.<::
()
()
()
~
u..
i::
.g
U
<lJ
tI)
~
..Q
-
5
..Q
t::
0
<H
'U
tI)
tI)
<lJ
(5
s:1
'0
~
03
tI)
s:1 f-;
.9 ~
~ ;3
~
<lJ U
...
<U ~
..Q
-
0 0
-
- N
u
.~ IJ;:l
.0 r:n
;:l ~
'"
<lJ
s:1
0
N
~
~
E
03
-
'"
<lJ
a
~
.g
'"
<lJ
..Q
...-
.5
'0
<lJ
:t::
.~
g
--. <lJ
'0 .0
Cl.I -
::l -;
.S ..Q
- '"
I:: '"
0 <lJ
U tI)
;:l
'-' gf
ri,
"0 .~
0
J:: .9
CJ ::8
rrJ
I() <lJ
0 ..Q
"C E-<
.
N
N
~
zw
000
N
CI)
z
o
1==
<
..J
;:)
Q
gj
....
..8
S;lJEdS autl(lEd
p;ll!nb;l~
~
~
2
u
os
z
Ul
:r: E
r- ::l
E
'"
" oJ
~;:;t
.",
c
'';:::
JilEl;lAOJ 101
.8
'"
~ ~
o ;..
.",
-g E ~
~ E .:;
b'- 2
Ul .S cG
cG~
1<:
Ul
Z
o
1==
u
~
Ci
SNOIL V'lfl~:rn
SSJJOld ,V,JIAJ(l
pJlmb;l~
" .~
-5
~ ,
1l : ,
"0
.;
~
Sj
;:;
"@ r;
:'::'2.
~~
.Mb..
~E
.0"
~ ~
:':::0'
~ ~~
E-< ,,"
O -5~
"0 .-
Z t~
Q ~~
Z >.~.
<( E'~
00 ~':
z ,gg
o ~=
- ~ '0 '~
~x,,~
..... .!! E iJ
...:l .:l " ~
;:J ~'3 ~
C " g'..c:
~~.=g
~ ~~g~
~'['~~
u ~~.~
~ -" 8
~ -3:] ~
cng.~~
] ~'E.
- 0 "
'" u '"
"",-
.S ~ fl
v_E
:g ~ a..
~~~
!ih 00 t;
'Tn'S "tj
"I:'"
;~.~
.~ a !i
E"O '"
E ;; B
8E~
""" .5 C>
~~~
V'lt \()._
- -"0
1 . ~
JmpnllS
101l{1l1JH
lEJ(l
(l{JEJ) JplS
IU01,{
dZlS lOl
w
CI)
;:)
.:
,
~
0-
~
;:;
'" 0-
::;; ~
N ;;
'"
N .".
"" 0
" N 0-
~ N ~
of "" ;;
" "
~
os ~
~ ~ N
~
os N
0- .;: ""
'" of) "
;; '" ~
..c:
00 '" ,,;
" ~ "E
:.;;: '"
3 "0 >.
0- " "0
'" 1: ~
0 ~ .;
.0 >. <T
" " ~
" :; 00
.8 "
;:; ;s ~
E ~ '"
<2 '0 1!'
.S '"
;; .~ .~
-"
0 "0 ."
(; ~ (;
0
i.L. U. i.L.
"
~
I
I
I
.8
<
><
~
~
...
~
;:;t
00
0
'" 'D
,.:. 0
,0 0
,..; G
r-
,,; ;:)
'" ~
'(
;; ...
c
0 'Ej
z c
-ci 0
0 u
0
0 ~
.;. oS
"" ~
",' e
"" ...
0" E
'" .",
'( c::
"
0 E
0 <
z "
"E -g
0 u
00
~ 0
0
~
.;. ~
",'
"" ~
or> '-
00 0
'( M
0 ...
OIl
0 oJ
Z c..
00
"E 0
0
0 N
"" -=
a- ....
0.. "
.n
0
",' u
"" 0
",' I
;;: '"
e
0.. ...
a- E
0 .",
z c
...
-ci E
<'5 <
....' "
.",
":' 0
.;. u
u
",' CI)
"" 0
-'
'"
N
,.:.
a-
0
Z
-ci
0
n
'"
0
N
.;.
m
~ ~
LtJ
{:::' c::
0
"'" .~
0' :;
.... OIl
,;. ...
'" e>::
0 .~
~ Z
-ci
0 P
, 0- X
i ~
-.= I N ...
i'l N ~
1l " N
.0 >-
.~ "::::;1 'n
~I N'
N
.., N ....
" "" "
;:; "":0 ,., E.
> -0 ~ - .", .". oJ
I:; ;::; '";' .". .,. :::, .c
NN '" U
I :;; ~~ ~ N N ci U
:::: \ I , , Z U
"
-~- ~ 00 n -ci ~
I"" C :z ~~ s tL.
- . r-,
- 01 0~ N N
~~
~ or.r-
2
"--
217
<Ii
"0
o
.c
C,j
00
0\
M
~
,
N
N
c:
.g
U
v
'"
:@
.S
..c::
1::
<8
...
v
'"
'"
v
'0
c:
-0
c:
<<l
'"
c:
.9
~
~
v
....
v
-5
B
(:)
.g
.c
~
'"
g
o
N
~
-=:.
]
i:::
v
-0
'Q;
v
....
.Q
's
~
.
v
~
.S
'"
v
-5
.S
-0
V
t::
~
g
v
Eo-<
~
~
U
~
Z
~ r/'J
~ Z
00 0
;J i=
<(
-l
::J
0
~
....
<8
~
2
<.)
'" E
z '"
Ul E
:r:: 'R
f- '"
::E
.c
:::::
<<l
..c::
'"
'"
v
'"
~
~
~
~
<8
~
'"
-g '"
t.;:: "E
B ~
]6]
.", E'" g
'" .- ::G
~ t:
E-:'j]
~
u::
~
zr.n
O~
N
sa~cds ilUl1I1Cd
paJmba~
ajJC1~AO:) 10"l
r/'J
Z
o
i=
u
~
a
SNOl.I.V'lJ1~:rn
v
..c::
E-<
SS~~Old /(\;J[A~M
p~lmb~~
~JOPruIS
JO Iqill~H
(q:m~) ~plS
;)ZIS 10'l
00
~
E-<
o
Z
Q
~
00
z
o
-
E-<
..r:
..:l
;J
~
~
:;j
u
~
~
00
~ -e~t; ~~
v ~ ~ R E ...c
.:::~ ~ :{] E V1 ~ ~~
g- 0 B ..g 1,) "? c= 0 ~
V) c ~ ..... ~ ce
OJ (--.OJrnt; ~ ~ ~ -5 0-
~ -g~~ ~ ~ 2 ~ .~~
~ gj~C'jo. to-. 0. f.Il >0
t :: ~ i.~ ~ ~ 5 ~ ,; ~
~ ~ ~ .~~ ~ .~ ~ ] ~ ~
~ ~E~~ ~ 0 ~ ~ ~~o
~ ~~_59 ~ ~ ~ ~ n
-5 a ~ ~ .q ~ ~ E -- ~..:
B E ~ 15 ~ E ~ -~ g. t ]
~ ~ ~ ~~ ~ ~ E ~ : ~
E ~~~E~ ~ ~ ~ 0 >~
"5 ;e ~ ~ ~ ~ c ~ .s 15' ~ .~
OJ ~oE~'~ ~~ ~ ~.c
i i~~i~ ~ ] ~ ~ ~~
(5 'C S.D c...D 5 $- ..c:: a "O..Q:
~~ .:: 5-a6ti~~ fr ~ (5 e ~~
~~~~~~ ]~~~~~ : ~ ~ g ~B
g g g- g ~;;: ~ ~ E e E ~ ~. 8. "[ ~ g :!!
~~~888~ ~~~~;fi .~~] ~ ~ ~~
.2:::~~~g ,<;::~g.o.~~ g~~ ~ ~;.;-;;~
~-~-~.~.~.~~ ~~~]5~ ~~~ ~ .gu~~
~ .~ .~~ .~~ g. .. ~ ~.~ ~ .~ ~ ~ ~.2. -5 [~g ~
"; .3 ~ ~ E ~ 0. ~ .S 9 ~.~ g. ~ ~ .; ~ ~ 00 2..c:~ t; ~
cE~---~~~-~-O ~~ ~~ro u
"'''';EEEH~~6",,,,~E ~~.~ ~~S~BB
~.5 .5 E E E :go ~ ~.~ ~ g s: E .~ ~ B ~ ~ vi g ~ 15
~.5c'_'_._~g~~c~.-~ ~co ~D~NC~
~e'~.E.5.5~-~:~~~~ g~~ o~~~.9.-
3: 0 0 E E E .....~ l1J.-:2 ~ .~ c -)( -5 ai ; ~ ~ .;;; ~ ~
'"O..c,..c.u l1J d) ~ - E e:.c 0-0 ~ dJ ~ l1J c- ~c 0..0..
~~~~~~o~EQu~~~ ~~~~.2gg~~~
0.. 0 ~ .... ... ... 2 (.) -- 0.. 0 c:s -- ~ _ - .- u ^ ~" ~
~gc~~~~~~eeo~o .~U~~C:S u~~~
'~N2gggE~-~~~x~ ff~~~ti~~~~~
gq~NNN~.5~g5~.~t~~~g5c...E~E~~
_~~~NO~~l1J.~~.E_~cuc:s~'~~~~~8~~
8 ("') ...... 0\ r..: vi E 0 r.n.g l1) ~ ~ 0 ~ E c 6h ~ :E .~ g.~.u ~
~~~~~~~~~jr.n~~~~~~~~~.~~=~~~
.E_ ~~~~~~o ~u..=~~~~~-~u_ --
c ~~~_ _~'"O~~~~~~~
c-5S~S.~~~ ..cuc~~l1J~B~_o..~-~~~
~d~u~o~~~~~-5~~~~~~t:~~&Ed~
- ~.~ ~~~~~~~~g~s~~
.'"
~ 6
.,.., ..0
.,.., ~
t: .", ~ E
vooo~~o2
bO.S-;:;>.<<s .(,f::j
e:9 c::J OJ) c,) d:: ~
~ -; ~ 0 t: 8 0
"'..0 ""_._ - E
v 01} 5 ~
....._. ~o ~.s .~;::: '-- tl
~;gt:~:J
g~~.Eo~oti
00
"'.",
g a
",0
"'-....
r/'JI-
-;;;
G'g
~~ ~
a~e~
:!:
o
'"
....
JC~~
l-. &i ~
o.!: 0
~:-~
'" '"
~ '"
"'~
c"8ti
~ E t::
'" E '"
:.so~~
:=:~~~
~
.:::
o
N
IUOJ.:I
.:::
..
0",0
~.~ N
~~
o~
.",
'" '"
..c: '"
~ 0 ~(/)_
~ -5'2 ci. v
~~5~Eg
'"
'"
'"
u
o
Q:=:
'"
~
'-'l 0
fJ'J -B
;:l ell
218
9
<(
x
:9
'"
-;;;
'1:
~
'"
::E
00
0
'-D
0
0
~
y
,...
:::l
i
~
t:
.;
;::
0
u
0
e?
~
~
c:
'"
E
~
t:
'"
E
a- <(
~ '"
"0
" 0
'" a- u
:::; ~ 00
0
N " 0
N '" ~
.", '<I' ~
u ~
~ N a- ~
"," '" ~ ....
'" ""~ 0
u .. u '<T
:a u _
"'M '"
eo OIl
" .~ ;::; d
:g c..
00
'" -N 0
C. ..r:'OO'> 0
"'" OIl.. N
" ';; ~
'" -" ..:
OIl .~4 ~
"
:;;; .s:a '"
.D
:a "t:l>- 0
.-. C. U"O <>
u u
'" ::; <.> ~ 0
OIl x.-
'" 0 u :> I
c. .D ~g
'" '"
;:( " e .. c:
'" .2 c;.E '"
t: OJ E
t: E .<::"0
~ :a .",
0 t:
.", .B ...... '"
o ~ E
'" .S '" '"
'" <(
t: t .~'a
<:: -" uu '"
0 "0 "t:l .",
0 ~ 5 5 .0
~ 0 v
"" """"
~ U
r/'J
0
"",
t:
.~
OJ
"3
ell
'"
a:
.::
.., >.
] u
.~ .~
u ..
.., go
~ e
a _ --
>~R::g
-Mf"i'<;f'"q-
"5!NNNN
;iN0lNN
I I I I
::::_->D-
AV)\QOOM
:::~r-:~"!
......NNNN
~~NN('I
8"'""
8
ll.
<>
'E
'"
fi
X
'"
]
N"
N
~
J':!
c.
'"
..c:
U
U
U
~
t.I..
'"
"E
os
:><
~ ]
.g E5
-0 :3
os E '"
~ '", P<::
~~
S
tL.
en
Z
o
b
u
~
i5
SNOI.LV'lfl~:rn
Eo-<
~
=:
u
~
z
0
N en
~ Z
en 0
:::J b
...:
...J
:J
0
~
...
.B
'"
'"
e
u
os E
z
Ll.I :3
:r:: E
~ ';;:
os
~
'"
'"
:3
-0
'"
~
.9
;t;
.Q,j
::l
.5
-
=
o
~
,.;
'0
o
.c:
(J
en
0\
M
\0
.
N
N
~
zoo
O~
N
S:lJedS ilUlJfled
p:llmb:l}f
;unpfillS
JO lljil!:lH
:lilel:lAO:) 10[
(lj"JeJ) JplS
dZlS 101
SSJJOld MJIAJ}f
p:llInb:l}f
en
~
E-<
o
Z
Cl
~
en
Z
o
.....
Eo-<
~
S
Co:)
~
~
.....
U
~
Q.,.
VJ
"
a ~.~ ~
~ ~ ~ ;
.~ ~ ~ ~ .=: ~
E ~ go?; i~~Q
U ~ 8 ~ 1#":;;
-5 2 -5 t ~9
~- ~ A ~ a. ~~
2 0.0 - ~ o.~
.~ -g ~ ~ ;; u :'3 U
~. CIS ..0 ;3 I ~ '.o~ v 3
c: Oil ~ ,; - ~ -0 t;
~ ~ ~ u "t 1J ~ ~
~ ]~ ~ \I) 9 ~::;
C u.... u --; >-~
u oS ~":; ~ >. ~ 'I)
~ .S ~ ~ ~]: :]
ClS "t:J~ 0 ; >. g~
;t;~--:::C -; S3 .I:c:
E E ~ C;; g '0: . ~ -e
~eg= ~ E. ~ou
~OO C; <.,...0 ~ ><cu
~.f! ~ -5 ~ E -5 v u"
e~~~ ~ u (f) ~~E
....1:: ~ ~ 0 E:S zi :::: ~ "3 os:
oU"3t.S M ~ ~fl> O"'~
~ .~.~ ~ ~ . e- ~o .~ ~ ~~ ~ ~
~ ~ ~~ ~ ~ ~ "m::S}J ~ (5 c
1~~1 } ~~ l~~rj!
2 ~.tJ t .5 !! -S 0 -r:: ~ -5 d ~
~~ ~ ~ ~E ~ ~o ~ 5 [~ ~ ~ .~
~ ~ o.~ ~ ~ c "" 0..'0' a. ~ ~
o'~ tt ~ .8 tE ~ ..c: ~ 0.. 0.. ~ ;;
E:~~g - VIii ~'B~~fig
[fl -q- - b ~ :E 's ~ ~ -::: ..,g ~ {..I
~ ~ fn ~ ~ . l~ .s s ;; 8 ~
~~~~ ff ~....t:::uo..>'lI[fl""
.- 4:: t1J '=: >. ....... il.I 0 .... CIS "0...::::: u 0
ef g ~ gr :: ~ ~ 'z ~ ~ ;r ~ 3 ~
>. E C"E .:3 "> -5 ~ 9 ; li":; ~:a
~p'!!.E -g :'='i~cr....J-=~gOth
c.~-= Cl$ c.Q";:; ~::f~ ~~-s u
~ ~ .~"E ] ~ a.:.=: 0 > ::: -Qi .::: ~ 't
~~~~ ~ ~5~~XE~~~K
~ ~ -;;"'0 d 3 ~ ~ e: ; ~ og .f' 8: -g K
!oI"5C:~ot: "'0", =' ='-0
:::' ,9 'a';;:;i ~::I... N O€ 0'" 3 Ul 0> c
~~~g~~ ~Efl~<e~~e~
~~~~~~ .~~]~~~g~~~
~~~~~~ ~.~~~~:~cog~
~i~~~&ci~~'5~~~&j~~
:]~~]~~~d~~~~~~-~.~
le:l}f
jU01,{
w
CI'l
;:l
219
10' -
b,; I
1>
~i
-
1;;:
h;
0-
~
"
'" 0-
::; ~
u
'" '"
N ...
"'" 0
0 0-
~ N
",- N ~
""" -
'" 0 U
~ 0_
~'"
""
c: Ej"7
~ ._N
'" -N
0- .c".O>
", "0
ii '.. ~
.c
00 ~ ~-
c: .- ",
~ -5 :a
-0 >.
0- u",
o 0
:; <> ~
" .-
0 o ='
.0 ~[
'"
c: e ..
,2 c:
:;; (;0-
E ~1i
<E tie
,S '" ~
1 0 ~~
.c UU
(; -0 -0
5 ~ ~
o 0
"- "-"-
~
b
,5
'0 >.
..8 u
'C: ;>
~ u
u u
'0 El-
e e
~ ~ - ~
>~g::~
-Mt"'l'<:f'''I;;f
]~~~~
_ I J I I
___1.0_
_t.n\OOOC"'i
;:::~~~"f
_~ N N N N
~~NNN
U<h>
"
E
0.
E
...:
! 0
I ~
I M
x
~
";::j
'C
'"
'oj
~
00
o
'D
o
o
G
~
:::J
~
'"
'"
Os
<:
o
U
o
l'!'
os
y
'"
E
'"
E
-0
'"
E
...:
'"
-0
o
U
00
o
o
~
~
M
'"
;;
o
o
z
1 "2
o
"?
~
..0
M
""
o
0-
'?
o
o
Z
-ri
o
::;
...
'"
"'"
~-
00
":'
:;
o
z
'-
o
'"
'"
00
os
0..
00
o
o
'"
-0
o
0.'
0-
0,
--
...
'"
on
E
u
o
I
'"
E
'"
E
-0
'"
E
...:
'"
-0
o
U
()
en
o
'"
""
M
~
0,
a,
o
z
-g
o
r:
0;-
....
'"
""
0-
N
~
a,
o
z
-g
o
M
a,
2>
"':-
...
iil
.c
"
f:l-
<-
<h>
ci
~
.;,
0-
o
Z
-ri
o
c;
a,
~
'"
N
N
...
6
~
N
<h>
'"
1"
o
a,
o
z
-g
S
'"
'"
,g
os
:;
OIl
'"
P<::
-
<.>
.~
p
x
'"
~
{'I-
{'I
...
'"
a.
'"
-'"
u
u
u
~
u.
~
.9
....
0
<lJ
'"
'"
:s
.S
-E
c2
...
<lJ
'"
'"
<lJ
...
a
s:l
-0
s:l
<<S
'"
s:l
.9
1;j
'3
OJ)
<lJ
...
<lJ
-5
B
...
0
<lJ
E
;j
'"
<lJ
s:l
0
N
,.-.,
~
'-'
:3
E
Q)
-0
000
Q)
...
>.
]
~
]
Q)
.r:
...
.S
-0
Q)
t::
1~
Q)
0.
<lJ
.D
-
C;;
.r:
'"
'"
Q)
'"
;j
OJ)
..; s:l
'0 .~
0 .8
..:::
u ~
rJ1
~ <lJ
t- .r:
\0 f-<
I
('l
('l
f-<
~
=::
u
r"'l
Z
0
N
r"'l
rJ1
;:J
Vl
Z
0
E=:
-<
....l
::J
0
~
...
<2
'"
'"
0
...
0
'"
;i '"
U.l E
:r:: :J
l- E
";;:
'"
~ :::E
:J
""0
,5
rJ1
~
f-<
0
Z
Q
~
rJ1
~ Z
~ 0
Z ....
f-<
0 ~
N ~
;:J
Co:)
~
~
....
U
r"'l
~
rJ1
S;};mdS lluo(1ed
p;}lmb:l~
;}lOPnllS
JOlljll(;}H
;}llel;}AOJ 101
.9
'"
~ ~
o >-
""0",_
~ E P
(;"\S ::) .::
~ E :J
..- g
[;;Sc.::
c.:::::E
ii:
(lj:le;}) ;}PIS
Vl
Z
o
E=:
u
~
Q
SNOIl.vlfl~:rn
nlSlo1
SS;}:lOld M;}IA;l~
(l;}lmb:l~
-g
..
'"
~
..
o
.9
Cii <Ii ~ g
~ u -~ ~ ~~ ~
e <0... gj ~ >. ~.Q 0
:-g ~ ~;; ~ E ~~ ~
~~ ~ ~.5 2 ~g]
~~ ~ ~~ 2 ~ ._- -
E~ ~~ .;~ ~ ~ ~~ ]
;9p' gj; ~~ t'3 .o~ [
~.~ ~E ~~ ~ ~ ~~ ~
~~ ~~ 3n ~ .~ E2 ~
~ ~~ ~~ ~~ E ~ ~~ ~
o ~~ e~ ~~ ~ ~ ~~ u ~
.8 ~i1 >.-g t'3 ~ ...:-5 oC2 -5 t::
~ ~.~ ~~ ~E ~~ ~ ~ ~
;g t:::...c: ~U1 Evi" g CC . :u 0
.=.0 &.E c: t .- .~ - o,.g 2 <::: ~ c a.
~ ~ <ci g -g ~ t ;; i::~.5 ~ ] $: ~ :: ~
It) .......)( u ~ ~ g- .s .2 c::: .~ :..,..a "tl ~:E"
;: ~ -;; ~~ ~:s. ~ E ~ ~ .5 ~ a "E ~
o s~ _~o Sa - ~~3 3~~ ~ u
It) ~~ u~ ~~ ~ Ut~ -3:8 ...c: ~
~ ~~ g~ ~.~ ~ .~~E ~~2 ~ g
j "ifi]~ '5~ E ~~~ ~~~ ~ ~
u ~~ g~ :~ ~ jg~ .sti~ 1 ~
.s ~:.~ t :: E" e ~= ~ ] J! ; ~ >.
o ~ .5 U "E c; .- ~ f ~ to ~ -: ~ .~ s
~ ~o u~ ~~ e ~:E ~~M g ~
s ~~ ~~ ~~ ~ ~c~ SV2 ~ ~
~ ~~~ E~ e~ E ~2~ ~g~ ~ 1
.~ ~ :; g ~ ~ CIS oS :E' ~ ,~ E ~ ~ .S E (.)
o ~o~ ~o ~~ ~ ~~E ~~~ E ]~~
~ O~~ Cs ~~ III ~~5 -~o E -~-
~ i.;~ ~~ ~t ~ ~~~ ,~~~ & ~~~
.0 'C S CIS ..0 U .... oS 0 ~ .9 a ~ ~ > d U ~ ~ X
~~-~~ ~~ ~o u Hua ~~2 00 ,2'3~
E ,...2 ~.o C ~ g E a ~ oS ~ ~ t::: ~ ~ ~ .~ if 'f
~i~~~ ~~ ~,~ g ~g~~;~~ ~~ e~<
~~~e~ ~~ a& ~ g~e~~~'~ ~v ~~t
'~.Q~>.g .~~ -g~ '" =f-:u~!:!~ tt~ ],6.~
-~oEv~~.- C\SO ~ ~~'-~g.='- uo -o~
5~; u ~.?;-"E~-g ~S ~ o..~ ~ E.:a ~ g ~ :: ti.lU
~~~e~~o~ .c: g ooa'C8o~ .~5 M~~
ti~]e~~tt ~~ ~ !~~~~~t]~E ~~~
g- ~ as ~ e-.~ ~ ~ Q. 0 Q. gl:: g t; (.) 0 g.:= 0.. III ~ ~ to::i ~
.... oFo~3U ~~ ~ b ~-b~u~'5.~-
~.s ::: ~ ~ g" c ~ ~: ~ :;: .s,s ~ en ~.~ ~ go E ,s B
~~~u~=e~ .2~ ~ -soS~~~~~5~= ~~.?;-
';i:liJ~ j~ ~ ~~~~I~!tJ~ ~I!
l! ~.;.a CIS g E g fi ~ 9 ~ "\::2'e~.s.~ ~.5 e 1:'~ &j .s
-~ -e ee - o-~-~"'o~ "
c ~~~~~~Eu~~ ~ oo..Q.o~c\s~u~'~ ~~~
o Eo~~~ou~'~ ~ ~_8_.~~]~~~ ~~~
~.- 0.. ~ .!! c'~ > 4_ - ~ ~.s ~ ~ J! CIS._ .... t: t: \0 X E
~~ebo..~4g~e~! ~ ~~~~-~~~88 ~1lI~
~;~~]~a~~iK~~~~O~~~~!~:ig~~'3
~~~=~~u~._._~.__u~~-o~'30~~ ~N~~
a ":J5''' .; -"! go!!l u ,,-.~;g g 3 .2!' .. g .". 'iJ C' E l'l.=! E ~ ""..: ~
.~uE~~~~~-~Evu(.)Eo~~~~uucoo~
~a~~.-~o~E'~'~~~~~~~==~~'~_5~~~~.~
~~u~- '--~~~-u U-~uuCu ~--~
~ ~uu~~u~~~v~~~~~~~"'~~~.~_~~~
:E ~ _ ~ goo.8'B .~~ ] 0 ~ r: r-: 0 3 E-: ~ 5 ~ :g t: ~ ~ ~ ~
~~~-~g~~~~~g~g~~~t~~~.~ci~~~~~
~ ~~~M~IlI~~U~N 00.5 ~>__~___
-B
~
-0
<U
'" ~
.~ ~ ~ (II
~ oj <to;;;
os.sll
--g~
~ ~ ~ ~
6 ~..9,-_~
{: ~ ~.g ~ ~ ~ fi c
.....;~:.a~tn4::Eo~QJ
-- t - ;> t:; 0 tU .- 1:::
:g ~]~ ~~,g~r! ~
~ Q) lI.}
~ f:.:N . Ol} _ ~
~ '-.. ] tt: f 00 ~ t
<5 ~ ~ g ~ 00 g ...; ~ ~ ~.~
- a ~ ui' Q) _5 '';:: ~ tn ilI'- .....
alu Q)>"'Ot'tS o:u;>""O~
$-,:J2CO:;:::~ co::::t
&~Ci~.g.5uj32~Eo
~
.,.,
r--
le;l~
::; ~
~ ~ 0
u<U ~
~.g <::: ~
s::1S5 o~o
~ ~ ~ ~.~ N
:S8~~~~~
~~E-S~o~
.:::
o
'"
IU01,{
o .
0<:::
'" .
. 0-
r--",
~
...
o
~a
41
Vl
::l
'"
<3
o
-'"
o
VJ
220
.,
~
ii
;(
...
'"
'"
o
-0
...
:J
-5 ~
i:: (5
o 5
~J
0..
r--
'"
...
0-0
"'-
"'""0
... '"
UJ '"
ci-
~
u
'"
.--
M
ci-
~
u
'"
.".
o
Ncr
I"'< ~
""-
" "
0-
"'M
~~
1'1""
"""
'u ~
.., -
'" '"
:2"E
- ..
"0>-
8~
~'3
~~
E~
c;.-
..,1!
,. ..
~~
~ '"
"Ei".~
" ...
"''''
~ ~
00
""""
N
I"'<
<<>-
"
~
",.
..
~
~
~
..
0.
1!
ai..
00
"
~
<a
0.
:;
o
~
..
"
.9
:;;
E
<E
.s
.E
'" :>.
~ ~
~ t)
" "
"0 51-
~ e
... -
2:~~=~
-gNN~N
~MNNN
_ I I I I
___\0_
~~\OOOM
:::~~":''1"
-:NNNN
UlNNNN
.. ""
1l""
o
0:;
.9
-<
,.;
~
<<i
.C
...
OJ
:::E
00
o
-0
o
o
G
I-
::J
~
...
...
'"
"H
'"
o
U
o
00
...
..
y
'"
;:;
...
E
-0
'"
...
E
-<
...
""0
o
U
00
o
o
~
~
M
....
o
-0
...
00
'"
0..
00
o
o
N
...::
...
...
.0
.9
o
o
I
'"
~
E
""0
'"
:l!
'"
-<
...
""0
o
U
U
Vl
o
'"
,9
OJ
;;
00
<U
c.::
-
.~
p
x
...
u
~
",-
'"
...
...
i5..
'"
-'"
u
u
u
:::
~
'""'
"t:l
Q.I
=
.5
-
=
o
U
'-'
'"
"0
o
.d
...
r:/'J
'<t
t-
\0
I
N
N
E-<
cc:
-<I:
t:r::
u
~
z
0
N
~
r:/'J
~ <;/)
z
0
f:
<(
....l
:::>
0
~
-2
'"
'"
e
0
'"
Z
LI.l
::r:
f-
~
:J
"0
C
<:::
9
~
0
"0
"0
'"
~
f-^
<;/)
~
u::
r:/'J
~
E-<
0
Z
~
~
r:/'J
~ Z
~ 0
Z .....
E-<
0 <
N S
c
~
~
.....
u
~
~
r:/'J
S:lJeds JiU!l\led
p:ll!nb:l~
E
:J
E
'R
'"
::E
:lll\PflllS
jOjqJi!:lH
aael:lAOJ jO"l
-E
'"
>-
"'"0
E ~
:J'
,~ ~
5~
::E
(qJe:l) :lp!S
<;/)
z
o
f:
u
eJ
Cl
SNOtL V'l[l~:rn
:lZ!S jO'l
SS;lJOld M:l!A:l~
p:ll(nb:l~
;;
-5
"""
~
';;:
2
0.
5 , ~,
:g .~
" "
;'=:0.
~~..
"Gj E
~ ~
lU ("j
3:a'
.~ ~
n.~
0. Po
'" I"
Q,I.=
~.g
t ;
~~
~'~.
ir:
~g
0_
-B~
~ ~
Xto-.u
X~~
~EE
~.~ ~
a:l
" ~ ~
~,,\i
oc:-tj
'S"E ~
e-2 'e ~'
-Sel2~
B~"O
b~ g
~ g"E
'" b"
~ g i'
:: ~ a
~~~
-0 ~ "
"3 g ~.
..~"""
;j,~,q
~'~ ~
Co ~ S
.~ ~ g
a-gt;
s '" ~
o ... g
o g 0
&~~
~~-B
le:l~
jU01:l
t<l
rn
;;J
;
1
<
~
~
~;
"
u
0-
1;l
u
'"
...
M
~
,."
"
1;l
"
~
'"
..
c:
:.g
'"
0.
-0
C
'"
..
c:
:.;;;
a
0.
:;
o
.D
'"
c:
,9
a
E
]
~
"
..c
'0
2;
j
.=:
-g
.D
.~
-0
"
t<S'D-O_~O-
>V'lof"---\O
-("'\M~ v
- . , . ,
;:::NNNN
;NNNN
...... I I I I
::::___1.0_
~.,..\OOO('1,
::::~~c;'t
-NNNN
:;;NNNM
Ul 00:.
~~
2
ll.
221
~
;:;
~
ob
.9
<(
'"
~
OJ
'C
.,
~
:2
'"
,."
~
""
'";'
o
D
Z
1!
o
00
o
""
o
o
G
f-
:::>
~
...
.,
c
'(;
E
o
u
~
'"
~
E
~
-g
.,
E
<(
.,
"8
u
00
o
o
~
~
....
-
<...
o
r-
.,
00
'"
0.-
00
o
o
N
~
'"
..;
,.,.
0-
a.
'";'
<3
D
Z
1:!
o
0-
~
u
'"
.,.
o
Na-
N ~
,.,. -
" "
" -
"'M
9
M
...
'"
'"
00
;:;
D
Z
.,j
o
a.-
a.
'"
:g ;;
-N
1::00
....
'- "
" '"
..c _
~ '"
,- -0
-5a
-0"
"-0
" "
u ~
x'-
" :J
~e
e..
~.s
~1
'-"
o ~
'" '"
";;'(ii
vu
-0 -0
~ ~
o 0
......
..:
...
.,
.0
o
U
o
I
'"
E
'"
E
"0
C
"
C
.;;::
.,
"0
o
U
U
rn
o
M
,.,.
,..:
'"
'"
d-.
'"
D
Z
1!
o
~
~
...
",'
."
a.
~
...
'"
D
Z
1!
o
r-'-
'"
~
...
~
~
e
...
,.,.
o
...
...
'"
D
Z
1:!
o
0-
a.
,.:.
N
N
o
"5
'"
f5
X
.,
"0
~
^",
c:
,9
~
:;
00
.,
~
>.
..
,~
~
sr
e
on
.,.
.,.;
e-
N
,.,.
...-
.,.
C-
o.
D
Z
1:!
9-
N
N
...
'"
g.
.c
U
U
U
~
u.
i::
sa
u
v
en
en
:s
s
.s:::
1::
0
<+=i
U
en
en
V
....
0
~
'"0
~
(ll
en
s::
sa
~
~
V
....
v
.f3
.8
....
u
.~
.c
;j
en
V
s::
0
N
~
0
p,.
'-'
v
u
~
<+-<
0
(;j
s::
.9
en
en
<2:l
0
tl
v
.s:::
....
.S
'"0
v
r.; t:
.~ .~
:5 g
Ou
~ v
.c
III -
a... (;j
C<l .s:::
(j en
;>. en
C<l v
Q en
;j
I ~
'"
"0 .~
0 .9
.=
(j ;B
CI)
..... v
0\ .s:::
\C f-<
.
N
N
f-<
~
=
U
~
Z
0
N
~
CI)
;:J
Vl
Z
0
1=
-<
....J
:J
0
~
~
..8
'"
'"
e
'"
os
z'
LLJ
::r:
f-
~o
O~
N
S:l:ll:dS iJuPllcd
p:llmb:l~
~
::J
-0
'"
t;::;
g E '"
"E
~ ::J co
E >-
0 :s -0
-0
-0 ~ ~
co -::;
~ ff
t-=' t:G
Vl
t:G
i:i:
:lmpnllS
JOlqiJl:lH
(qJC:l) aplS
;)ZISIOl
Vl
Z
o
1=
U
~
is
SNOu.vm~:rn:
SS:lJOld A\:l!A:l~
p:lllnb:l~
CI)
~
f-<
o
Z
Q
~
3
~]
gO;;;
b ~
'" "
....c
..sC:::
_ 0
~ ~
0:'::
'2 ~
8.K
~~
::: ~
~-:::
- a
~.g
o _
N~
0;0
-';::N
"'<0-.
~a
!: E
coa
~'E
:.a'm
"'...
'" u
'" '"
E~
~:
~~
g]
- '"
gp t1I ~
-0 ~:g ~~
; IV 0 ":; !)Q OJ
.0 - .0 "E"'O]
~ ~~"'O _. _9~:_ -
-~~ ~ ~] ~ ~ ~ ~
~~ ~ @; ~ 0 g. ~
=-0-::: ~ ;.2 ~ ~ ~ .-
~~ ~ ~o ~~ ~ ~
] i == .~ .~ :; .~ ~ ] ~ ~
~E~~ ~~ 0 ~~ ~ "5
~ ~ ~ { .~ a ~ ~;< ;3 [
~5'0.~ M~ v ~~ ~ a
~E]] o~ 5 ~~ ~ E
~] ~.e ~ g ~.e~"E ~
~~g~ ~~ ~ ~~ ~ ~
12 ~ -g ~ io fl ~ .~ Co] ~ .~;;;
;j..a~-5M ~E ~ 0 '''-
~U~^V ~g K ~~ ~ ~
:g ~ ~ ~ .s 00 en K .9-_'" '0,. ~ ~
=u5~~ .S] E ~_ ~ ~
~~~a~ ~t'lS ~ va .~ ~
~ u C."iij 0 -0 E ~ g ~ 0 "'0
~Eu~~ ~E ~ f] ~ ~
._~t1I~~ u~ U ot'lS 0 .~
~~~~'V ~.~ .1_ ;t E OJ
~~:.~~ ~u ~ ~i ~ ~
u~~~~g ~ v~ e "'0
cCU U ~o: ~ ~c: (II U x
28g~~~ ~ U ~ ~ ~__'
~U~~~~ ~~~ -~~~ 0 "i ~
~ ~~~~g~ ~~.- ~~B~g ~ ~ ~~
E ~~~~=u ~~~ g~E~~ ~ ~ ~~
e ~]~:~~ ~~.s b~~~~ u : ~~
0.. ~ .E ~ t2 ~ ~ -;0: ~ VI ~ OJ c -5 :0 ill "f::
; ;; E [.~ .~ ~ g ~ ~ ~ .~ 8. ~ ~ ~ fr <c; :2 ~ .~
~UU~-U'-' oc- ~:E~~ ~ '3~H~
e E g -s "'":J :g ~.=:: ~. t.I -;: ~ -.= 0"0 c ~- ;; .c _'-' ~
~e~8~o..2~~5~~ .~.~~;~ E ~~~~
~ : ~ -a ~ "2 ~;; ~ 0 ~ d ~ it ~ ~:o ~ .,.~ u'O'
~ .C: tIS gO g t'3:E'- ..e ..... :IS C .~ eo' ,">_ i :E "S ~~ oS a
-. 2 e ..... ~ .~.b VI .2 ~ ~:: _ 'oJ ~ III 0 0 0
g:5.g 8'~ g,~ g:; Ji-3. ~ ~ ~ t-~.9 ~ ] ~.; ~
~.,.s e ~ ~ :E .~ € fJ 8 g] ~ ~ ~ t ~ oS -ci ~ 8: ~
~~~g~~~~~~1~ ~~~1i 'i t~i}
6:"0"0 b ~ VI c t o..e ~ 0 0 g., u C ctt >. _ tlS
~~~=~~.E~~~~~ ~~g~: j ~~~~
c~o~~~~~~.~.sE QoU3- R =~=~
o coco ~u~s~ u~~"~.~ _ u
~~-~~U~VI.~~~~ ~~~~g VI .~~~fl
~~~~~~ ~~i';~~ ] ~.5 E; ~ e'~~~
U .- o.~ ~ ~ 0Lt C E 1::: ~ to .'- c :>. -g OJ Q:I ~ ~ .~'g.
.s ~f -= ~ a] ~ ~.;; g. E E"s ~:5 E ~"3 ] ~ ] ~ ~
~o.-~~~~t05~~~-~!~.o[ 0 2S:>'~
.~ ~ ~ .9.~ ~.~ .Q ~ u ~ ~ ~.~ ~~ E ~ ~ g E - ~~ "[
o u ~ ;:j; ill >.. 1-0 U U u 0..-- en 0 U E!J ~ c.:;: ::s 0Lt 9 to
~Eg~~t~!~B.~co~.~a~c~tlSgE~E~
g~oo~~.sg~a~~~a~~u~b~~b.~~E~
~.~~~~~~~~~~~~~~~O'oEo~~~8~
00 g E- E- W E- VJ.~'=: E- ~.!i ~ Bell>. ~ ~ ~ ~~ 0 ~., 5 0
uO ~no~o~~~O~Eo~Q~~eo~z~~~
g ~ ~ u.. E- ...: 0 8 ~ . " . ci E' ~ .g <-.i ~ ~ ~
NNS ~~ _.u~~~oo~_.__~_~__
"E
;;;
t
u
gf
~
.D
"
""
e
"
~
"
:>
o
.0
"
<:::
v;
<'>
'0
"
..
V
><
"
^
E
M
~
'"
<0-.
o
.<:
..
]
"
-5
CI)
Z
o
....
Eo-<
<
~
;:J
"
~
~
....
U
~
j:l.,
CI)
~~
~ g
~~
'0 ..
~-5
g"g
- '"
'" -
>,.2
1::-
~~
e-u
Po..
<:;.5
<>'0
:g''3
",.0
.. "
..c..
;; ~
0:>
M;
V 0
~~
..<t:
'-0
0<,>
"'0
o "
"E ~
0><
Po"
~g
<0-. ==
- ..
....:~
-0
OJ
___ Q.j c::
~ ~.~
2 ~~
~oo
.
~
OS ~
~ ~ -~
c >.. ~
o.o.n
OJ <0-.0
6 c .- ~ ~ _ ~
.n..OIlo~ g",,,,_
(lj eo ~.- ~ "0 t:: (lj iO s::
~e:g~OO~bE~~~
~~]~~g4::~~}12
OJ ~
:> OJ
..8uoo5~~
~ eo.s ";:: - .3
~~;g~~g
~ ~ ~ Qj ~ lti
'"
OJ
o
'"
OJ
OJ ....
<:Il .
JC:l~
.::: .::: ~ .::: .::: """
.... 0 0 0 0 0-
0 ~~ ~ .... '" --0
0 - ~p- -",
on OJ .::: .::: ~ OJ CO
~-O .. 0-0 <t: .::: -
..8 t:: OJ "" '" 0 OJ
Q)Ofl}O OJ ~'" .~ ~ '"
'" ~~"3~ ~ OJ
"0 oj ;;;- '0
~ ~.~
0 ~ .::: .. .::: <t: ;:; .::: c::
..c: 0 ..c: '" 0 .c:: OJ
u 0 (5 0 0 (5 0 OJ
Vl E '" '" o C '" '" Vl
OJ
'"
0
Z
:::: OJ
"'~ '"
"'.0 '" 0
OJ._ OJ c::
'" '" '"
E~8- OJ
OJ
l>.dl.. 0..,:::: Vl'"
IU01,f
'"
"0
~ 0
CIl-..c::
;:l ~
f ri
CO ,_
o .-:::
>.==
CO '"
O~
'"
c::
.S!
Oi
0-
::J
'"
U
o
0. :; Q)
~ ~ E
X - 0
OJU.c:
222
"
~
E
"
1';
-0
"
::J
.5
"
o
Cd
ci-
~
;:;
'"
::;
ci-
~
;:;
'"
....
o
N a
N ~
""'-
.. ..
"
"'M
:g~
-N
..d~
.."
]~
~~
'O^
~~
~ "31
~[
e OIl
- "
~]
~~
~ '"
";j .;
uti
-0--0
~ ~
o 0
'""''"''
N
N
"'"
..
~
'"
~
""
"
~
'"
0.
-0
~
OIl
"
32
:a
Po
:;
o
.0
..
"
"2
OJ
E
<2
.5
~
"
...
o
~
o
'""
.5
'0 >.
~ 1
~ 0
" ..
-0 Ii!-
~ ~
(tf.. .._
>;-;::g:::g
-MM'=t" v
~~~~~
_ I f I I
___\0......
_lr\\OOOM
:::::MMMV
-:-~~~~
'" "'"
8~
e
0..
g
-<
x
~
-;;;
or:
..
OJ
~
00
o
'.0
o
o
G
f-o
:J
~
<U
t::
'g
c::
o
U
o
OIl
~
'"
y
'"
c:
E
-0
'"
..
E
-<
OJ
-0
o
U
00
o
o
s:J
~
....
<0-.
o
00
OJ
00
oj
0..,
00
o
o
'"
-"
~
OJ
.0
o
<>
o
I
'"
c:
E
-0
c::
~
.;;::
OJ
-0
o
v
U
Vl
o
;g
.S!
d
:;
OIl
<U
t:G
.~
fi
X
OJ
~
","
'"
....
..
0.
co
.c:
U
U
U
~
u..
,-.,
-0
Q>
::l
.s
-
c
o
U
'-'
<Ii
.~
==
.y
t':
....
Q>
~
ell
CJ
~
ell
Q
I
'"
"0
o
.c
CJ
r:n
t"-
o,
\0
.
N
N
i:i
~
U
V
tn
~
5
..::
t
<8
-
V
tn
tn
Q)
-
o
c
-0
C
ell
tn
lO:
"~
~
~
Q)
...
v
-B
9
...
u
"~
.0
::l
tn
V
lO:
o
N
5'
~
<U
U
S
o
"<;j
lO:
"~
rn
<II
~
o
~
<U
-5
"5
-0
<U
t::
"s
&
<U
.0
E-<
~
::.z::
u
~
z
o
N
~
r:n CI)
~ Z
o
1=
<(
...l
::J
o
~
~
ZO
O~
N
....
.E
'"
'"
E
~ S;):ledS gU!)(Jed
;i pdl!nbd~
l.Ll
:r:
r-
'-'
'"
:;;J
-0
C
t::;
BE-E
~ :;;J ..
o E >-
"'0 "2 ""0
-g ~ .~
~ I~
r-. 0:::
VJ
0:::
u:
VJ
Z
o
1=
u
~
Ci
SI\lO IJXlfl~:rn
"<;j
..t::
tn
rn
<U
rn
::l
gf
"~
~
<8
<U
..t::
f--
dmpn1lS
)0 lqll~dH
(q::led) dplS
dZIS 101
SSd:JOld MdlAd~
pdl!nOO~
r:n
~
E-<
o
Z
Q
~
;;.,
t:
o.
0.
8
0.
u
o.
!
..s
B.
>.
0.
0.
'"
i
r:n
Z
o
-
E-<
~
~
~
e"
~
~
-
U
~
~
r:n
....
.!l
0.
l'! !t
u
~
:::3:S
- '-
> 0
>< ;a
u .~
~.~
o. E-
o. ....
o.
..c:
Eo
.~]
o.s
-5 ~.
B"E
>'o.
o.~
0. -0
'" 0
~ ;.
o.
;!~
~~
~g:
g.~ b
~':O\l
Q 0
.:.0 ::
~ o.
....'-"
0"
"'..:
vi ..0 to:
Jed~
1U01,{
r.l
rIl
;:J
'-
i!>
[
;;
'0
.....
M
,.;
'"
~
o.
~
~.
'"
"
~
""
Q
:g
..
0.
"0
Q
'"
""
Q
::2
~
0.
;;
o
~
Q
"9
;;;
E
<2
"::
o.
-5
o
5
j
"-
-0 ;;.,
o. U
.c >
or: 'C
~ u
~ g
~ ~
~ - -..
>~g:::~
-MM<o;f"'o;f'"
~NNNN
;NNNN
:::~~~~
~V"l\OOOM
:::~~~"'f
-:'NNNN
CI:INNNN
~ 4O'J
u~
U
o
0:
223
9
.....
00
,..,
.".,
",'
:'7
o
o
z
1!
o
B
<(
'"
~
-;;;
";::
'-'
'iU
::E
00
o
'D
o
o
G
r-
::J
~
....
'-'
c
"g
c
o
U
o
e>
OJ
y
'"
c
'-'
E
"0
c:
"
E
<(
I>
"0
o
U
00
o
o
~
~
M
.....
o
0\
"
co
..
"-
00
o
o
N
0-
~
"
'0
...
o
N 0-
N ~
"""-
" "
" -
:..~
:~ ;::;
-N
.<:"""
OOu
"0 ~
.c: .
.~~
-5 ~
-0>'
3'i
~.~
u :;;J
i;-g
e 00
- Q
~:.a
!11
o !!
~ ~
-; -a
ii u
-0 -0
.... ....
o 0
"''''
q
'7
....
.....
"""
",'
00
'7
o
o
z
"E
o
<'-'
'"
.;.
.....
.".,
...
"
J:>
B
o
o
I
'"
C
"
E
-0
C
~
~
"
"0
o
:..J
U
VJ
o
...:
'"
N
~
'"
ci
Z
.,,;
o
,0'
'"
,.;
~
",'
~
o
....
~
'"
'"
o
z
.,,;
(5
M
'"
o
~
....
~
~
f::!-
....
~
o'
.....
M
'"
ci
z
"E
o
::i
'"
~
~
N
.",
c
.g
..
:;
co
"
0:::
.~
p
x
"
'0
~
<:'
~
on
t:.
N
~
....
....
o
'"
o
z
.,,;
Q,
C'.
N
....
"
Q.
OJ
.c
U
U
U
:3:
4.
i:i
.8
<:>
<l)
'"
'"
:s
.S
..a
~
<B
....
<l)
'"
'"
<l)
0
l:l
""
l:l
t<S
'"
l:l
.8
~
~
<l)
....
<l)
oS
B
....
u
<l)
.:::-
.g
'"
<l)
l:l
0
N
----
Z
~
'"
'"
<l)
.S
en
:::s
.0
""
0
0
..a
....
0
:2
~
<l)
l:l
<l)
oS
.S
""
<l)
en t::
.~ '8
== ...
'u g
Cll <I)
.... .0
~ -
'"' (;i
Cll ..a
OJ '"
,.. '"
Cll <l)
Q '"
:::s
I gf
'"
"0 '~
0 .9
.d
OJ ~
CI)
..,. <l)
M .d
r- E-<
I
M
M
Eo-<
~
==
u
W;:l
z
0
N tIl
W;:l Z
0
CI) b
;:J -<
....J
::>
0
~
~
'"
'"
2
u
'"
Z
Ul
:r:
f-
~
ZZ
O~
N
S:l:l1!dS llu~.red
p:lJ!nb:l~
.,
'"
::J
"'0
c:
'';::; E
9 '"
::J "0
~ E @
0 :5 >-
"0 "0
:;;;: .,
"0 ....
'" "S
~ . ~
f-.:' 0::
::I'l
0::
Ei:
(lp1!:l) :lplS
{/)
z
o
b
u
~
a
SNOIL V'1fl~31I
SS:l:lO.ld M:l!A:l~
p:lJ!nb:l~
:lmprulS
JO lqlll:lH
:lZIS 10'1
CI)
W;:l
Eo-<
o
Z
Q
~
CI)
z
o
-
Eo-<
<(
S
~
~
~
-
u
~
~
CI)
.....
~ 0
~~ d
~~ ~~. ~E-~ ~ ~ ~
~~ u _ ~.= 9 E u
"= b .~ ~ 4) "g.2 ~.g'~ (
g~ ~ 3 ~~ ~ ~ ^ ~-
0] ?i~ t 0 ~ ~E >.
~i ! ~ ii ~ "; i t~ I
!I ~ I I~ ~ li!!~ ~
oS >. "g 2" ~ ~ ~ .~ 8 cu .c:: f
~a: rn 0. _ v t :2 ~ e -g ~
";; ~ ~ 0 t: 5 ~ ] ~ ~ ~ 0 -5
='- E :..:,) ~o ::J e 1)1)>' Q.
"t;J ~ lU ". "'O;:t ~ v ti 0. .- .c _
:-;::: 'u E:a' ~ to 0 --S E .... tl "t;J >..
~: 5 ~ ~: ~ .5~.~ ~.~~ i
~.- fr ~ e~ ~ "t;Ju ~ ~~lU ~
;J ~ 0 E ~ -g ~ ~ ~ :; .~ ~ ~ ~
.... .~ II) -- . ~ . "tj <t: -B ~ oM -:: c
<2U1 B >.. C:::c -g ~=u ~ (J:':= ....
d! ~ g 8~ ~ 28g 0 ~~]~~ I
&~ ~~ ~ -~ ~ ~~-5 e C5a...X> ~
tn ~ 1: ~ -s ;; ~ >.. .~ ~ ~ ~ c ~ ~ ~ x ~
~ ~ 'u ~ ~ oS 00 E -M.!: a ~ ~ ~ ~.~ ..!! .....; :E
~ e . 4! c gj ~ .S ~ ~ ~ ~ ::: .;; C7.1 ~ ~ .~ ::: ~
~~E~lU ~ ~~ 3 b~~ ~ '~~lU~>O
:: t ;......~ ~ -5 -g ] u :: it ~ ~ ~ ~ 3 ~ ~ x a
tU -5 >.~.~ 0 ~ E ~ is} to::: ~o l""l:g fI:l ..r U ~.2
:E ~ li ~ 6- 5 g ~ :: _. g -5 ~ ~ ~ '3 ~ _ ~ :_'€-~
3: 0 -2' ~ ~ .b -; ~ '- u:.e ~ ~ 0.. 0 ~ 'a e- ~ -< 2
~8~n~ a ._~ ~E~~~ ~ ~~~~'Su~
;;;-5g;;=~ ~", _~~;~og on l1.,j~~o..~:V
~~tU~--2o u>o--tUE -- ~ ~~~-uJ~
.!!:g ue ~ -~ g:; e.8 g.M.~ 0 0 ~~ ~ ] ~ .:! B oS .~ ~
0..'0 0 >. b t'I:1 0. ctS N V is} 4:::: 0 U bO C ~ '0 >. 0 0' c':S
b fII ~ u P.. jg ~ 0 ~ 3 -5 -E ~ ~ 3 -5 -- ~ ....... c.. ~ 0.."3 _
o C':I "tl E -... ..c: iU 0 - .~ u 0 0 U .- III -0 00 0. - 1..1
~~~~8.~g EM~~~E-g ~ ~~~~~~~.
o ~ ~.:: - ~ u: a ~ ~ ~.~ 0 ~ ;; i1 ~ ~ ~.s ~ g'E
~~~~~~~ ~~~~~~~~ ~ -53~~~~~
.E~~~~~~ ~u~g~g~~ ~ ~~5-5~~~
~~~~~~a~ ~~~~u_c~ 8 ri.~~~ti~~.
o ~ ell -~..8 -8 0 .;;....... 0 fr-5 ~'~:i .~ t:~.D -; E ~ .
~ ~ ~ ~ ~ ~ ~ ~ 0 ].s ~ ~ ~ 1: ~ .is ;-0 f! -g :)().g -::I [
:1~ cotS-a a.s:.a::s 1;1)- u:::: g'~"E _~ oo~.~ ~~ 2-
E E"~ e ;; -t.s:; ~ ~ e -E'~ -; ~ ~ -g.,g :g 8 g.'5 ~ E ~
.r: 8 tIl ~.~ ~ E .D ~ U 8..-5 --;';;"i "'0 ~ -g d..= 15 ~ -a ~ ~ ~
.E 4J is} >..~ CI) u -g 0 ~ e .- ~ 3: 0 e C rn S 0 _ =- >..='_ I
::.0 ~ ~:: 0.. fn .c: b 0.. 3: 0 ......:::.3 _0 l:U 0..5 ;::; ~ _::: c.. g.N
o .... ~ "0 0 .!! in .9: 0 fn is} "'"O;f" ~.- CT tj ~ U .. 3 ~- 3 CQ U N
~~ "'O~g'~o~u..c:~'-E~~~o.~m~~~~~~
eE~~~~~fi&~~jo::~~-~~~.~ag~.~~
~~ego~g52~~~~~~~~~..c:~a~8~:~
~ ClS ClS..c ~ t; - ~ ~ 0 ~ ~ E . . .'- _ K.... 0 g I... 0 0 ~
C~~~Q~~~~~~~'~~Du~~E~Z'~~~~ .
~~~~~~~'i~R~~~ ~ g~~~~2=~
"tjk
., , '"
s:: 0 .-
"~ '" '"
'" '"
u.o
~ ~ ~
Oo~
....
~ ~ g~ Cii
~ ~ ~.9 ~:;; E ;; fl .~
~ ~ ~ ~ B ~ E 0 ~ ...
~ lU - > >. ~ 0 eta.:::....
:g ~]~ oog.~~~~ 2
....
~ s
~ob05~~
~ 01).5'~ ] a
~ 't ~ ~ 0 g
~~~~-;t;
on
'"
0)
o
c:
0)
.,
tIl r--
Je:l~
.;::
o .. ~
o~t-
on., .
.... "0 <:::
J3{io
-E~~
]~~
~Eon
-~ ~ ~
~- 0
~ 2 ~
o~~
.;:: ....
o 0
~~
d
.;::
oS
-=]
'"
on
o
.. N
~I-
~ iU ~
0"0 ......
""i}o
~~~
~~c::
",00
OEN
,;::
"0
'~~
.... ,
jj<:::
~o
ON
lUOJ.1
g,;::
<'!, 0-
r-- '"
.. ~ 5 on
on '" OJ ~
-0 '" '" .,
., u ("") "'0 .,
0 u >.- ~ c: u
.c: 2- '" .... 0 ~ ~a
u 0<8 E 0;
tIl 0.::::
..-
~C5 ~:;
U N ~ ""0 ~
~:: ~ B g
a~~~~
'"
-0
s;.l 0
rJJ .c:
;;J ~
~ .~
o:~o..-:G,)
~~ ~ ~ E
Q~t'iu2
'"
c:
.~
0;
0..
::J
U
U
o
224
!9
. ,$.
. I!' 0-
:: ~
;;
" '" 0-
.... ~
..,
N ;;
, N '"
"'" ;3
., 0-
" ~ N
<'l ~
~ ""'-
" " .,
..
:. .,-
~..,
00 ,.:-
" "s '7
~ ._ N
" -N
; C. ..,"'"
" 00.,
;;j 'u ~
"'"
if .;a~"
~ -s:.
" >.
c. .,,,
:; ~ e
x.-
" : 0 ., "
.D ~[
os
!' .9 e 00
"
~ E'-
S ""']
~ ~oo
'-.,
.= o ~
~ ~
~ '{;'(;
"'" UU
'5 " "0
~ ~ 0
0 0
""' "''''
r-
.s
"0 '"
., U
.D >
.~ -c
., l!
"0 !;;
~ e
~ KKK
>~g=55
-Ml""lV-.:t
]~~~~
_ 1 I 1 I
-__\0_
_tn\OOOl""l
:::ry~~,.
""';NNNN
rn~NNN
~ "'"
ll"'"
g
a.
9
-<
~
on
~
o
x
~
-;;
.;:::
.,
0;
~
00
o
>D
o
o
G
f-
~
.,
c:
.;
C
o
u
o
i'.'l
'"
~
c
~
"0
c:
.,
E
-<
.,
"0
o
U
00
o
o
~
~
("")
.....
o
o
M
"'"
.0-
~
o
ci
Z
-ci
o
'"
r;-
oo
M
"'"
.,;
'"
"?
<5
ci
z
"E
o
9
..,
.,;.
M
"'"
on
00
"?
o
ci
z
"E
o
r:
<:;'
.,;.
.,
Oll
'"
n-
00
o
o
N
--
....
.,
.0
o
<:;
o
1
on
C
.,
E
"Q
c:
:l!
~
.,
"0
P
'-'
M
"'"
-"
'"
~
....
'"
ci
Z
-ci
o
","
'"
r;.
....
U
tIl
o
on
"'"
o
....
~
'"
'"
ci
Z
-ci
o
"'"
'"
o
N
.,;.
.of
-;j
I.t.l
(:;:'
"'"
0"
....
'"
'"
ci
z
"E
o
o
~
....
N
N
"",
c:
.~
.,
:;
oil
.,
0::
"~
p
x
"
~
on
'<e
'"
~
N
"'"
..,
"
o
'"
ci
z
"E
8
N"
N
....
.,
i5.
'"
.c:
U
U
U
~
(.L.
,,;
~
=
=
~
.::&I:
e;
6
'a
~
I
rIl
~
.::::
<:J
;...
::l
.::::
U
I
rIl
~
....
...
....
-
....
<:J
c:
.....
~
;...
c:
<:J
;>.
c:
Cl
I
rIl
'0
o
.::::
<:J
r.n
'V
l()
t-
I
N
N
i:1
~g
U
tJ
en
en
:s
.S
..c:
t::
<2
....
tJ
en
en
tJ
o
!::
"1:l
!::
o:s
en
!::
.Sl
-
o:s
~
tJ
...
tJ
-B
2
....
U
tJ
:.0
::l
en
Cl>
!::
o
N
G
a:l
'-"
en
en
tJ
.S
en
::l
.0
.f
!::
::l
~
o
U
tJ
-B
.S
"1:l
Cl>
t::
.~
g
Cl>
.0
-
Cii
..c:
en
en
Cl>
en
::l
g
.~
.9
:B
tJ
..c:
f-c
f-c
~
::r::
u
~
z
o
N
~
VJ
;:J
~
ZU
O~
N
VJ
Z
o
1=
:s
;:)
o
gz
....
<2
'"
'"
2
u
'"
Z
LlJ
:r:
[--0
S:l:leds lluD(led
p;;)j[nb~}f
~
:J
-0
'"
<;::
8
~ ~ -E
~.5 ~
'""'-0
~ ~.~
~ g
0:: 0::
i:2
VJ
:z:
o
1==
u
~
o
:lJnjJIU1S
JO lqlll~H
(q:le:l) ~plS
nlS 10"l
SS~:lOJd M~I^:l{l
p~J!nOO{l
S/IJO[JXIfl~31I
VJ
~
f-c
o
Z
Cl
~
~~~ ~ E ~:f ~
~~~ ~. ~ i ~ -~
.~ ~8~ ~~ ~ n ~ H~
"QU.~O ~ t::U) CLt .~ E :g;
~u~~ ~.- > ~ A U)~
~ ~u-E EO~ ~~ CLt ~g
.o~~~O.... g. E .....
ti~i~ ~~ Hi ~ I. ~~
~~Yd'~ ;~~; a - ~~
~~~g~ ~~~ ~~ ~.I 1il~
~ Be}; ~ *-~.9. ~ ~ ~ ~ ~ ~ -5 ~
e:: C E ~." ,,0" :.c.. ;; E = g 1l E
~~~g~ .~e.~ ~~ ~ 'i~'~,~
"'0 ~ :2 ..:: .~ ~ ~ Q. ._"'''v VI ~. ~ (1:1._ 0" 0"
uu~~c ~..~~ c'~ ~ie~
~= ~.~ VI ~ ~ ~ Ul_
x~~u> ~~gc~,,~ 00 ~ c~~~
~ ~ ~ ~ ~ E 3"t:J.9 0 t ~"E ~ E >.
~ .~..c ~ 0 U iU ~ M 2 >. ~..c: ~ ~ ~ ~ t:
t:: u VI . J: U ...c:"'2 if .ctJ ..9 u 0 __ - Q.J
g~~g- ~~t~~~ .~ ~ ~~t~ ~
~g~Eg E~&gd] c ~ ~e~~ ~
~~ Eo~ ~ ].5~ ~ ~ g ~~ -[ ;s~.~ .-=~
-~ u ~~o~~g ~.~ e ~uo~ ~
~~~~~ ~~~~-~ Ea B c~=~ ~
~ ~ ~ ~ ~:: .5 ~ ~ 't .S] "3 ~ ~ c; ~ c ~ .s
2~~g~] ~~~~~~ ~= : o~~~
-U~~~U ~u~u~~ ~~ ~ ~~~~ B.
-~ ..d ::':::'- 3 _~ -5 U1 ~:2 ~ e ~ g .~ 'E .5 -a
fl~u~~~ >~~oon;~ E <e ~
]~;I~~ 19;]i} IH t ~!~e .
'- .~ tel > t"$ :0 u S f! ~ >. au ~ ~ ~ -a " -0 g
:u~.~~~~ E>'~U~~ s _ "6=~u ~
o fA ~ .::; .= c c ~ c -5 "0:: 43 (J] U C t ~ ~ ~ ~ 8
~ai~.~~ ~~~~~~ ~~ ] ~U~'i - J
g E ~ ~ :r: ~ -;; 0 u u g".~ :~ r:: .... .S .~ ~ ~ ~ S< ~
- 0.'- 4} -- c: ~ .g ~ !i l.f"I .,g - 0 0 tJ c: o, u t: ~ ..=:
_5~~~~-g ~~~~;.5 ~~ ~ !~.~~ <~a~
:E t =a .5 -: ~ ~.5 ~.~ 5 ~ a E ~ g.~ ~:o ~ ~ ~ ~
3: "'CJ ~ '"0 ..... ~ 6 ~ ~ 3 ~ .~ u u 0 ~ gJ 4:J ~ c:
li~I~E ~~~j~i ~! i ~~J] l!~l
~~=5~~ ~~~l:~ ~'- ~ ~~a~ ~~<e
c = ~ ~ ~ ~ ~ t 0 '"0 ~ ~ ] .s ij ~ E ~].. . .s"[ ~ t ~"
.! 8.- ~ ~ 9 .S 5 .~ ~ '~ ~ >. or: ~ .- ~ f-c 0 or:
3~~u~~ u =~~ ~~ ~ ~~~~~S~rla
~~~~8a :~:~~~ ~ '"O~o~~>.-.~.....
~~<~~"~ u~'-U1....,- .~~ = ~'~~~.~~gE~
<( J~ ~ eI1 ...~ .g g ]] o.g -5 :E E J~ ~ Vi ~ 0 ]:= go ~ ;; ~
- - "0 .- '0 E C'" 0 .0 0 ~:2 ~ ~ ;"'_~ ]] 0." -5 ):L
~'"O~~x~ ~~~sg~ ~u ~.3~:~~~~_g8
g~~~~: - UCu ~~ U1~ -U15UU1~ C
'-'-0 - gu~~~u - ~ .~~u -u~~u
l!~JJ~ ~i~:iJ ~~o~ jl~~~.~!~il~
~ ~.5 E ~ g 00 ~ ].s c ~ t= ~ "0 ~ ~ ~ fa ~'3 e ~ g.
<5 [~ go ~::. :6 .9 ~ g 3] .~ ~ s ~ r; ~ e- e ~ ~ ~ -5 g-
~o..t::~...c::::-U ..E"'C""3u!i~"'t:I"'C -s;~.e~~o~.~'~~:
^~~O.....~ gc~~~~ =c ~uo oo~_-u
~~oJfr~ ._~.~~-~ ~~ ..S.E~o.~~.5u~~~
C ......C"'='d 11i.s!!et:;::",=, ~~:::t!-5U1~.;:rOo..-o:muv
;a ~ ill E .... 0 0.. V'l._ U ..-.- 0 u'- _ C ~ - ~ >. t:: .... 0\
~~iiJ&.::ld E-e .':EalL~aa'fl o.~ g 0 E E~'~'o.-5N
.- 'J,Q~.- E g >.ct:: - 0 U - U (,) ;3 UI ~ ~ 0 ~ c CIS ifN
~~<~._~~~U1~_'~~~~43~~.~~~~~ccuE~""~
~~$u.~~~~~-~~~~e~~~~-~~'~=E]~9
~~g~~~fi~'ai~fii~~~~~~.~~5~~~~-~~
=u~3"'C-$....=.g~~~~>.~~_s=c~ocooou
~~~uc~~ou....~cuo.....c::::~~~-""<~uz~~~~~
~~~g~-~~~~~~~~~~~t~~de:~~~~~~
-NU~~~~~~~~~ou~oooO\E_~~_~____
Ii
<B
.....
::l
.0
""
e
-3
~
VJ
Z
o
.....
E-c
-<(
...:l
;:J
'"
~
~
.....
u
~
p..
rn
t:: <I)
o '"
-0 ~
<I) 't
t:: >,
-- .D
E .
~ ~.~
OJ 0 ~
Q~.D
-0
ace; -
~ ~.g ~ P: ; d .;; Go) g ~
o ... ~ E ~ ~ ~ .2 0...':; co g (\1
.,g~~tJE-ut:""~~(fJSUI'JO-o
~ e g. ~ ,--,..0 "s ti .~ E- ~ ?; ~ E a
1...:3t:a~::;.ot::o.v.o~E-cE
&~ ~ Eo.~ a ~~~-gt8 ~ ~~
c
E..g
<1)'--<
oo~
~ b
a~
E ~
9 - E
_ t:: <I)
'" <I) _
E-~ ~
<I)"U _
:> . <I)
o <I) <I)
E-5t;
.<1)
,::; :>
o
or).D
or) '"
~ E c-
on c: __ Tn a 0 ~-g
~ t: .2 UJ ~"'c;J . tb C'3 t::
CiS.:; ~ en Ol) ~ ~ '1):0' ~ llJ
t:::: > -< eJ 0 '"" c:$._ s::
~E~~~.9~E~~2
.<1)
,::;:>
o
or).D
M~
~
s:: - tB ~
~.s.g Gi' ~ uf] a
~"Oc:t1~\I')~....u
t::::i;<(V)<(o:]"
~Ev$8~~!;;
Je~}f
.::: ~ ooE
oc..5fl
~ ~ t; :-9.
o&3~~
- <I) C
~;~ oo~~.::: g,
~ ~ g ~"5 ~ .;; 0 K
5 1-~~C(l] _N>.
N 0 en"_ .e 5.!! -ti ~
ot;~+-> -.....c1~
-0 E '" ",{l:=.D E <I)
"5"i: ~ s:: ; CJ ~ J~ ._8
o N 0 2 >. ~ .... -= ~
N
'"
<I)
OM
t::-
<I)"C
<I) '"
VJ ~
o
-
lUOJ~
.:::
o
N
<I)
t::
o
Z
'"
'"
<I)
u
o
ct:::
_Oi
2r~80cn
o ~'';:: ~ 0
~ ~.t;i ~ b ~
;J ~E~5~
'" '"
'" t::
_.='! ,g
~~UQ);::
~ :~ 0.. E ~
~~ ~ ~ 3
D~~::::g
cu
6b$-~(I}o..
..s=- 0 V 0 g.....
~ ~ -5 ~"oo ~
.E~~~;:o
u",oo.~~
<I)
.... ....
- ~ ~ ~
E ~ Oi :e
._ <: E:;::
~~.~~
225
:<
-
'"
<I)
o
t::
<I)
<I)'<t
Ul
t-
r- .5
0-
~
"
;e
'"
N
N
""
"
~
~
...
M
.."
vi'
00
'"
0-
;;:
o
ci
Z
~
.
"
iil
OIl
'"
:g
"
0.
"
OJ
OIl
'"
:.;;;
iil
0.
U
>0
3 -ci
N 0-0
N ~ ~..
~o~
~;:; oo:T
....-- t""l~
:g ~ :Q>
-N
E~O\
OIl"N
]~~
~] ~
"3~"E
~ J~ 0
~ g. ~..
>..uq'-
~ .... N
'" OIl .
_",r-
;3:.0 V'I
~~""
~ ~ go,
~~N
~ ~ ..0
I1J ii 0\
"01'"0 ci
t:5 l5 z
CL. (.S.., "E
o
;;
o
.0
.
'"
_2
'"
E
..c;
.5
....
"
-'"
<;
o
....
"'-
'"
o
N
..;.
iil
"
X
l:9.-
r-
""
~
0'::::
r-r-
r-'N
",N
ci~
Z ~
-E 0
01'-<
o~~
~0
Nr-
N
;(
""
"
.D
.~
U
"'"
"
:. - -eM'"
~~~;~;;;~
"NN~CO\~
;NNNC ci~
::::: I , , IZZ
-..;;~~~ "E..p
=~~~~O'"
...;NNNC-.-O
.~~NN(,
u""
e
ll<
'"
~~
l:9.-
,..,
""
'"
~
.".
M
o
o
<;'
'"
M
~fl
9
<(
x
~
0;
-I:
<I)
tiS
:2;
00
C)
'"
o
o
'"
""
,-
'"
o
ci
Z
-:i
o
G
[--0
;:)
~
<I)
t::
.@
C
o
U
o
~
'"
y
'"
c
<I)
E
"U
'"
<I)
E
~
<I)
"U
o
U
00
o
o
Sl
~
M
'--<
o
;;
~
",'
""
",-
'"
'C
;;
ci
z
-E
o
<I)
O/l
'"
a..
00
o
o
N
.-:
....
<I)
.D
o
U
o
I
'"
c
<I)
E
-0
t::
~
-<
<I)
-0
o
U
U
VJ
o
-",
t::
.g
'"
"3
bO
<I)
0::
.~
p
X
cu
~
('I-
N
....
<I)
0.
'"
.<::
U
U
U
~
u.
~
.g
u
0
rn
rn
:.s
.5
..c:
t
<8
....
0
rn
rn
0
'0
s::
"0
s::
o:s
rn
s::
.S
~
~
0
....
0
-B
2
....
u
0
.:;:::-
.D
::l
rn
0
s::
0
N
G
I
U
U
'--'
0
....
0
U
....
0
.....
s::
0
u
~ C
Qj :0
..c 0
CJ -B
$.,
::l .5
..c
U "0
I ll>
1::
rn 's
.~
== ....
'(3 ~
~ ll>
.D
Qj "@
$.,
C'<l ..c:
CJ rn
;.., r/)
C'<l 0
Q rn
::l
I OIl
rn s::
"0 .~
0 ..9
..c
CJ :B
00
0\ 0
0\ ..c:
t- E-<
I
N
N
E-<
~
::I:
U
~
Z
0
N
~
00 </l
;:J Z
0
1=
..;
...l
;:)
0
~
....
..2
'"
'"
2
u
'"
Z
Ul
:c
f-
~U
Z.
oU
NU
SdJlldS liUDI11ld
pdlmbd~
~
:3
"U
'"
t;:; '"
B 6 '"
:3 "E
~ 6 '"
0 '2 ><
-0 ~ "0
-0 ~
'" ";;
~ , g
r-: cG
en
cG
u:
.'
U)
Z
o
1=
U
~
Ci
SNOIl. V'1fl~3lI
SSdJOld Md!Ad~
pdlmbd~
<1J
>
dlnprulS 0
.D
JOlqill;lH '"
<t:
on
on
.red~ .;::
0
(qJlld) dP!S
dZlS 101
00
~
E-<
o
Z
Q
~
00
Z
o
....
E-<
~
S
e,:,
~
~
~
....
U
~
j:l.,
00
u
'"
0.
-0 ~ .5 ~ ~
~ .ll.J E" ~ c; [
~ ~ ~~ ~f ~ ~ ~
50 0.::'3 -5~v
"r;) r.n 0 ~ ~ .:E VJ ro "0
'U :.s 1i'5~:>l) ~ c:i 2:!
~ -E ~ _~ ~] :J"g U)
"U; V) ~ dJ 00 ~ ] ~ ]
~ .~ ~~ C'- ~ 0 ~ ~
~ .~ 0 r.n -~ -.::: _
o 0 ~~ x~ 0 E ~ g
-g ~ -g ~.~ ~ .~ ~ .~ ~ ~ 0.
t"J a :oJ: :'J 'U ~ l."\S ~ ~ ro .s U 0..
<t'5~~~] ~~~ Of fr ~~ ~
~'E.~.~~~ u~o ; c ~~ ~
~ ~ ~ ~ 2: g 8 fi Ci. c: cj ~ ~ :;;: E
c_S]'5~= ~~~o~ ~ v~~ ~
~~~~o~ ~~~t~ 0 ~~-. ~
&.9 o..So~~ &t E p.,g -5 ~ '-><:::: ..c
~;B g"(ii ~ ~ ~ -S 0 ~ ~ ~ ='" ~ ~ ;> ~
'" U<1J:3~ ~o~_~ 0 ~~uX _
;;2~"O"'Os:ra '- .(1)0 21 """u"t:v:::-E
a~~~~= VJO~oO ~ ~o~u-~
-:. ~ c...D ~ ccs ] ~ ~ a ~ . E ~ ~ 0 -::; > 0
.E~.gfJ~E -~t:::8-~e .~5~-<~~
.~E~~:~ ~~=~~~'5g~~~~~.~.
..c - ...c: 0.. :u ~._ ~ lU 0._ 0"";:: ~ 00 Q) rn -,;::: .-
-~-~~.~ '~~~~~2~g~.[.~~~~
~~~~~~ ft~~.Dg~~~~~~,~o~
~5-i-i~u ~~~~~~~~~~~eMt
~EEE.5~ ~D~ooO-~O~C-~~~
.~~~~~~ ~~~.E=g_~~~~g~~o
~~-~'~3~ ~~~~~~~~SE~~'~]
~ ~ Co "0 ? ~ 0 U Q..J .- ~ e. . - 0....... 0.. 3: r..
.~ '-I U U ==", ..:c 0 c:..o C ~ c t:: <0"'0 C)Q 0.. >. 'l)
~ ~ Vi ~.o:.2 8 .....~:.Q ~ 0..-5 ~
:g ] 1; 1: .f .~ ~] E ~ ~.~ ~ ~ ~ ~ .s ;} 2i:
~ &. =.: =.: .S ~ - U" ~ ~ - - t: t;>.
2 ~ 3 t..... d ~ ~ cd 0 ~ E 5 ~ u1 ~ jg ~ ~
~ ~:=: :=: ~0?6 .:: E ~ ~ -8 ~ ~.5 :l t ~ -: 0.. ~
.... .... :::: :: -..... -E 0 co -g u 0... a L. 'U] ~ Q) ..... ~ 0
~~EE~~ gu~~~uO&.;~~5~~'
~..8 0. a. c u u u - c B ~ fi =s 0.0.0 ::J E.J:: cr
o 0 ~ c ..... -0 0.._ 00.Q l:n ell co "0 00 v ...... l1)
2 Z! - - ~ -;:.. tI] t;; '"0 >. C .... '"0 U ~ ~ c.:: .?J VI
~ 5 ~ ~.~ C E::J U E'- ~ c..... >.- ~ ~ Cv
C E .; -0 ::; ~ . en E 2 tn .~ E : t5 8 g.'~ ~ E '"
-;;:j ~ ~ \::J:C o.i C iU CIS () I1J t:: - v Q) - ~"'O '- 1.1 -.::r
~ .::; ~ ~ :3 ;.... ~ .;=: 0 ;:J..::: 0 ~'p....t:::.,g .. >.. 00.::: ~
- ....I _. -. a 0.:'::: ~ J:: ~ 0..- :..= - 0 .~- ,S :3 N b
>. cr 0 0 ~ 0 llJ '0 >. ~.u rn t '0 6: E.....: C 0.. g" N ~
g~~~~~.~~~c~~o.~~~~~~~~
~~~~~~~~.~~G~[~5'~~E~,~~'
~,~~~~~~u~u6u~Eu~~~3~:~
'U.....r-I:--r-~:,.....~ >. u>--u L.~,-oQ)
,c:". 0 0. as . Po "'::: u as .- 0._ 0 0 u.. ex: 0
'"-: _5 ",..ci 0 u.. 6 Q E '5 Q ..; .~ Q i': Z g. u.. u.. . . (
...- "C N 8 M .;:: 3'" ~ v) ~ \Ci ~ r---.: ~ 00 0\ ~::: (
2
g, ,t-
?
is..
'-'
.lJ
J5'
~
'"
C
~ ~
" '"
'" U
g .~~ ~
.c ~ ~ ~ 'en
~~a~2
.~ t; rn ~ E ~
- ...:: as f- "'._
~ c~~ b~"'O
.. t 0 ~ _ u g::::: ~ .. C'1 C
~ e. ~ :E ......E- ii -- ~ ..... .~ ~ ~
.J:: 2 ooC.o'- ~~ ~?: 0 c
~co~c~o;.:::o...~obC':S
~baS'" ~~~:g:::g5
U"; 60.1: o.~f- ",,8 U"U
c
"
6 ;:; E
~ ~ ~
E~~
>.
'"
-0
"0
C
'"
<1J
-5"
9 ~
t:
<1J '-'
ES
bO'"
'" b
a-g
6 '"
.... <l) ....
..2 0 ~ > <8 -
0 Oi 0 '" '"
008 - 0 c';:: .J:l U 00 a .... ~ <1.1
" "U 6 c 0
00 .S - '" " c as bO c: .- ~
Ci <1J U " cu:.tj'd_ U c N
"'-0 r/l ..... '- 6 <1J <t:
....- > ~r;o ~:'9 ~=3~~ :3 <1.1 "0
<1J .- " ~~ '" .,
> :3 0 on t; <1.1 <=
C3 .D "0 OOO~ " N '" d ~ 11.) t\1 C/'l as
....
0-
-0
'"
as
lU01:l
c:
o <1J
o
<t: ~
o <1J
N en
<1J
s::
o
Z
:::::
<1.1
o
C
<1.1
<1.1
C/'l-
~
"
u
o
....
tl.
<1J '"
~E
~ e
o..tl._
5~
~ ~ a
~ ~.~.~]
;g~E~~
'"
c:
o
'"
0.
:3
U
U
o
~ ~ '-c en 0..
-B.s 0 g~-
5 0 8 .[)o ~
,.c::"O d;':: 0
uao.~~
~
CO i5..... :::::
0._ 0. en Q)
~~ ~ 12 g
Q,;:!<1JU"'::
226
~ .
"
,
~. c
G
,..
~,
!'
..:
I!' ..
: '
, ,
1
!.
!
"0
"
.0
.~
"
"0
"
~
tlS.. __
>~g=g
-M('<'l'TV
'0 . . . I
....NNNN
;NNNM
_ ' J I I
___\0_
..'0"000("'\
::::~~~'1'
___NNNN
rnNNNN
"'''''
"""
e
""
>.
0;
>
'J::
u
"
g.
~
8
-0
o
~
N
,..,
..;
'"
~
'"
Oi
.;::
<1J
Ci
:2:
.()Q
o
-0
o
o
G
f-
:::J
~
~
.~
:3
U
o
e.o
<IS
~
t:
<1J
6
-0
c:
<1J
6
..;
<1.1
"t:l
o
U
<Xl
o
o
~
~
'"
'-
o
N
",'
""
.0
o
o
z
"E
o
o
~
00
'"
""
a-
a-
'?
o
ci
z
"E
o
o
M
",;.
",'
""
",'
00
'"
o
o
Z
-0
<5
i-'
~
",;.
",'
""
<1.1
00
'"
tl.
00
o
o
N
...;'
...
<1.1
.D
o
U
o
I
'"
t:
<1.1
E
-0
C
"
E
..;
<1.1
-0
o
U
U
en
()
-'
a-
~
.....
'"
ci
Z
-0
o
",'
'"
N
~
",'
o'
<-
N
.0
'"
ci
Z
-0
o
'"
'"
'"
N
",;.
iD
.c
'"
UJ
F:"
""
o'
<-
C!
.3
Ci
"5
00
<1J
cG
M
'"
o
Z
-0
<5
c;
'"
~
N
N
.-=.
o
<-
~
N
""
'"
.".
'"
'"
d
Z
"E
Q.
.~
p
X
"
~
r.
N
~
<1J
0.
as
...::
U
U
U
~
u..
wi
~
.c
<:.I
'-
::l
.c
U
I
'"
.~
:=
'y
..;:
~
'-
ell
<:.I
....
ell
Q
I
-
(;j
..c::
'"
'"
Q)
'"
::l
'" ~
'0
o .~
'5.8
en]
MQ)
.......c::
OOr<
I
M
M
t:i
.g
U
Q)
'"
en
:s
.S
..c::
t::
c2
U
en
en
Q)
(5
l:::l
~
l:::l
ro
'"
l:::l
.8
ro
11
Q)
...
Q)
.s
B
'0
.g
on
::l
en
Q)
l:::l
o
N
G:
U
~
Q)
S
ro
<t::
...
Q)
....
l:::l
Q)
u
-f
u
Q)
.s
_S
~
Q)
t:
'g
g
Q)
on
Eo<
~
=
u
~
z
o
N
~
en
;J",
z
o
1=
-<
.....l
;::J
o
~
~~
Z'
aU
NU
8 sd~eds 3'uP[JBd
~ p;lJInb;l}f
...
u
oj
Z
Ul
::r:
I-
v
'"
:;]
:2
tE
B E
~ E
o -;:::
~~
oJ
~
;llnpWIS
jOIl{il(;lH
'"
"E
oJ
>--
-0
~
-::;
'as
e>:
(l{3E;l) ;lplS
I-
f/l
e>:
1i:
f/l ;lZIS \01
Z
o
1=
irl SS;l:lOld M:l!A:l}f
e>: p;lJ!nb:l}f
Q
SNOUV'lfl~:ru:
en
~
Eo<
o
Z
Q
~
en
Z
o
-
Eo<
<
...;l
;J
Co:)
~
~
-
u
~
~
en
c
v
oE ~ tio
5 -3' -5 .8"_ g ~ 1; ~
.il.) >.cr c; :=c.g E
'"0 a; -.c c:iU 11) >. ;>"0....; 0..
~ ~ 5~ ~~ x ~ E~~ ~
-~ ~ li ~ ~ ~ g ~ ~ ~ ~
~ ~ ~ g ~ .~ -;; ~ IlJ 00 ~ ~
-E ~ -0 .~ -5 ~ "g 5 -5 ~ ~ ~
~ ~ -o~ ooc ~ E~- v
ii -_~_ ~ -0 .~:: '0] ~ E g ~
..c OCf1::J- C 0 '1J:::: >.
15 -0 g. ~ -a .~ iU 1... '- gf.,g.o .9 .
~ 0..."'C ,-.- tIl E 0 0 t U) ~ "'0 >.
a"afa~~ ~~ 'E ~ N>"O:.::~. 0.
~ :~ ~ ~ ~ ~ ~ ~ ! 1 ] i :r [~ ~ ;
~u'~~~E ~C~~11) ~ .~~:'::E~~ E
'0 ooC-o Q.c: t.8 ~EN S >-.0. '-
s:: t::: ~ '5 ~ - ..... N (/) : .5 d t ~ ~ 'u x a
oj'~ e 00 0 ] <::: l;l t'..", v '" E 0 1i g _ <i'l - ::::: oJ
~:@ e.~~~ g-u ~~.s -B as~ e (I]~ tX> fj
~wob_~~ ~o~~ ~ ~oo.E ~~X (I]
'~~8'~!~ ~5~~~ ~ as~-oo~~.~IlJ.~
~~~-ogo -8~cE _ ~x~~a~t~a-
d~UV-o~ ~oo~u 00 ~~9~_~.~~t>~
~~a~~~ ~u~~E ~ -'o~ ---<x
_va oE c '" u~~c_~oO~~~~'A'~
iu~]~~ ~~E~,~ci~.~-___~~~~~_~
'~~u~~E ~~e~~,9~~=~~ ,- u~u~
~~~~~'~ -=~.~~~c~~~~~2@~~~'~
~ .s ~ ..c: ~ ~ 3: ~.~:: ~ ::1.g.n tn tn ~ ~ 0 's.. e ~ <r: 2 ~
~E~~~~ ~~u.G~~~~~e.~=~~~"&U~~
~u~~-o ~^~~~~g~23~o~~~~~b
~EEE"5~ ~~_~~u>__U_T~C-u~~
.~~~B~~ ~~=.53:~~g,~g55~~g~ao
~i-~'~~] ~]~~b~~~~~"~~~~~g'~]
e Q) 5 5 ::J ~ g g ~ c E~ ~ ~ ~ ~ ~ tl-ci 00 ~~ ~ ~ 1.
C ~ 0 t) t; -;1 ~ ~ ~ g 8 ~"~ ~ ~ ~ ~ :: .5 ~ ~ 9: -5 _~ "
:.0 ~ ~ ~ .~ 'u -....... ,.~ ,,. .... - ....... ~ -. ,~~" -
a5__~~ o~~~~~~-i:~~~~[~~9~
E 0.0 ="2 :r:: ';-- ,= a u 0 ~ =SE s:::...:!3: u c u g u os .. r.Il..c: >. u
..~~~u c~oo ~ou"S~~E~~~-~~
S 0.. E "E -:5 ~ -- E 0 ~ fI'1 c..2 ~ "-. s::: 0 '1) ,- ~ 0..-0
~~Eu~~~ ~3~B].5~~]~~~,~~~5~B.
~ tE p. o...c Co) 8 0 :] g..c go 0 ~ ~ 0 ~ ~ ~~ '5 E ~ 0-
e ~ ..9.2 ': ,S .... ~ e.~ ~ ell ; g -5 .:: '0 c ~ ~ bO.~ :; ~
~cu~~>. ~~:~]~,S~~.~~.g~,~~~~-
bO~tu~~ EEeE~S,5~tE~~o~'~~~~
,5 u "0 "O:s ..:' c ~ os ~ ~ ~ ell CtS .. g.~ - .!! ~ ~ ~ bO 0 -o::t
~~"O"O_~~'-o~,-._uE~~"-ouO c~~
::"5 ~ ~ ::I2o..~ a.,g==::-= o..'~ o..~N 00...... J,q.o.."5N
~~R&ig~'~~~"~"~~~Eg~5,5~'~C~~N
E~ee~b'~~~~~~~E~oo~~~E~~~~~
~~~o..~~~uo..::Iuco~>~~o~'5.-cEc~S
~.~ co v u >'u a"~ ~ ~ a ~.~ 0.. ~ _ o~ ~ It) ~'_ ~
"G.9~~~~~o~~uu~~E~EnoEE8~:~
~~~~~~~~~b~~u O~O~OO ~~OOIt)
~ QJ , . "0 0.. ~ . ~ ttS ~":; = 0 b U __ clj 0.; 0 t.L. u.. 0::: (
..5 <oj .0 u t.. g 0 E -g c: c: t ~ oS ~ oS g ~ Z g- t.. 6 ...; <"'i
-~ NOM~~V~~~~~d ~OO~~__~
'"
~.;;:;
s~
'"
-0 '"
V os
.:: u
~ .~~
o Qj 2 aJ
..c: ~ 0 r.n
~~o~
c a 1:: ~ .~ bO
,g 0. ~ ~'~ ~ ~ .5
~~~~~~u:=:~-g
~ ~ E ~ ~ ~~ -5 ~ r: ClJ
..c VI ~.-... ~ cQ ::E VJ ,- - -g
~ lii oj "" "E ~ I- ~ 5 g oJ
.Eb~~.g.:::~:g:::155
u-<E~",of-<oj<2u"
-gc
CtJ ll) E
-^ EVE
;J ~ M u
5~'O'~
bO ~~
~S.s~
E e 0 ~
;>.
'"
-0
-0
.::
oJ
J1l;l}f
...
~Q)oo'~,-~~ -~
.B ~:6 -~~] E lii i3-'6
t::=~E~CiE~~~
~ ~.Eo 6Ood~~!! 2
"
<::: lii
o r--^
<<>
'"
'"
or--
'::-0
v '"
V '"
f/lN
...
~ ..8
.g ~ ~.2 ;:; ~
..::: ~~ ~ -= t
tr)~3~~~
M ~ ~ It) as ~.
-^
lUOJd
c:::""':
o ~
o
c
~ ~o
0"'-
'"
.::
o
Z
~ ~ ~
~ "tii ~
e 6 e-
e:>..::::""",,::::
v
'0
c
'"
'"
f/l-
r.l
rn
;J
...
o~
aoicn~
'0 ~.g (5
.2 ,- oJ 0
~]~-&
'" '"
~ .::
~ ..0 v"~
~ .q a E li
~~ ~ ~ ~
O~~:::: g
'-
... 0
o '"
'" u
co ~ ~ 0..
.r: c.. 5 .-
~ t '60 ~
tj~~~
227
t-
v
"-
o
Ci..
u
'"
B
~
'"
-5
~~
;..l
~
. "
~ -;
: ,
c
~ ..
i::
;
. <
~
~<
!l
. '
-
0-
~
Q;
'"
r--
M
N
N
""
U
~
.;
'"
~
'"
c
~
a.
""
;j
'"
"
~
a.
:;
o
.0
'"
c
.2
0;
E
..8
.5
...
'"
.c
'0
...
o
....
"-
"" >.
~ ]
~ 0
u u
"" g.
~ ~
; ~;f g =- f6~
-("'1("'1""1' "Cf"
]~~~~
_ j I I I
t:::__",_
..V"l\OOOM
:::~~~"1
~~~~~
~o:.()')
e
'"
or
~
u
'"
3
NO-
N ~
"" -
3~
"'M
:g ;:;;
-N
.<:""
"'u
~ ~~
~~
"">-
u""
~ ~
~'3
>,0"
e~
- '"
.2'0
3: :a
<oe
00
-BB
u u
,,""
~ ...
o 0
........
::<
<(
GO
o
,.:.
N
x
~
~
-I:
'"
OJ
~
00
o
'oD
o
o
G
I-
~
~
v
.::
-8
C
o
u
o
~
<oj
~
c
E
-0
~
<:
v
-0
o
U
00
o
o
~
~
M
....
""
.r{
on
.0
o
o
z
-e
o
o
~
....
""
'"
'"
'7
o
o
Z
-e
o
o
<7
..,.
'"
",.
on
00
'7
o
o
z
-e
o
r-:
~
..,.
'-
o
'"
V
bO
'"
0..
00
o
o
N
-^
...
Q)
.0
o
o
o
I
'"
c
E
"0
'"
'-'
E
-<
'"
-0
o
U
U
'"
o
....
",.
'"
N
,.:.
'"
o
z
-e
o
0'
'"
N
,.:.
on
"'"
0"
r--
~
'"
'"
o
Z
-ci
<5
'"
'"
o
N
.J
co
.<:i
x
e
r--
""
0"
r--
M
'"
ci
Z
-e
o
(:;
'"
,.:.
N
N
^",
c
.2
OJ
:;
00
v
0::
"5
'"
p
x
v
~
0'
r--
~
N
"'"
....
..,.
o
'"
ci
z
-e
9.
N"
N
...
V
"-
'"
.<::
U
U
U
~
t..
~
QJ
~
<lJ
QI)
~
'0
OJ
~
'0
o
..c:
OJ
Vi
0'\
N
00
.
N
N
i:i
.g
U
<I)
'"
'"
13
.5
..<::
.t
<8
...
<I)
'"
'"
<I)
(5
s::
""
s::
ctt
'"
s::
.g
ctt
~
<I)
...
<I)
oS
B
...
u
.~
.g
'"
<I)
s::
o
N
6:
2
.:.:
...
l:l.
<I)
u
S
o
<I)
oS
.5
""
<I)
t
.s
...
g,
<I)
.D
Eo-<
~
=
U
~
Z
o
N
~~
ViO
;:J 1=
<:
-l
;:)
o
~
<ii
..<::
'"
en
<I)
'"
~
~
.~
.9
;S
<I)
..c:
Eo-<
~
Z~
00
N
....
<B
~
2
u
oS
Z
u:l
::c
f-
s:l~eds iiU!Jfled
p:llmb:l)f
:lmplUlS
jOIl{iil:lH
~
"
"0
C
t;::
BE'"
,,"2
~ E ~
.g .s "0
"0 ~ ~
C'iS "5
~ dS
f-^ cc:
(/)
cc:
ti:
(4~e:l) JplS
(/)
Z
o
1=
u
~
a
SNOI.LV'I1l.~:DI
JZ1S 101
SS:l~Old MJ IA:l)f
p:lllnb:l)f
Vi
~
Eo-<
o
Z
~
~
rn
Z
o
-
Eo-<
<
...:l
;:J
C;:l
~
~
o
~
~
rn
~ ~ ....
.~~ 9 ~ ~u ~ ~ 4
t:: .1:: C "; c.. ~ :i ~ ~-
8. ~ _~.o u ~ 0 ~ .g ~
~o > ~ .~~.~ ~ ~=
~~ ~ ~ ~~ ~ ~ ~-3
] ~ ~ ;; -5 ~.~ ~. 0 ~ g
~~ ~ ~ ^ ~~ ~UO ~u
~ .::] .g i 8 ~ ~ 5 -.... ~ E >.
2 -E ~ ~ _~ ~ ~ .~] ~ ~ ~ [
l~ ~ ~'A :0 E~ ]]~ ~~ ~,
~] ~ ]~ g ~~~~.~~ .2~ ~
~ ~ ~ ~ 8 ~ ~] a B ~ ~ g ': B
~~ ~ ~2 € .~~~~~g ~~ ~
~ :::: ~ .0 3 e ~ ~ ~ ~ E ~ .~ ~ -s
~~ ~ ~~ ~ ;~~*g~ g~ g,
~;; ] .s::' ~ -~ ~.s.~ ~ ~ ] 1 i
E g )( ~.s. ~ ~ QQ~ u ~] ~'" t <<I
~~ U ~~ ~~~~&o ~~ i
tt::u i]g .s ~~.2~~'~:;~ ....
o -5 8 0 t; ~.~ ~ E Jg ~ oil.s ~ >< ~
~] ~ ~~ ~ ~~~~~~.5~a ~~ ~
;~ g ~.~ ~ ~~~~~~~~3~~~ U
-5 .9 1;; ~ ~ ~ <ti ': ~.s ~ g.E ~ ~ ~^ E .l! ~ ;;
~~ ~ ~= ~ ~]-~~~'~i~;~<'~~~
'gu -E [~,.~_U ~"'C:a__eJ:)..2..s~~~<><~
~.~ ~ uC _ ~~~-f:~'~~~~~~~.~
~~ ]~~] i ~~~~~~~~~!"~~~.~
.~] ~ a.a ~ -g "ifq.S~~"B_Eb.~ ~ O-"5-V do
5~ ~~~.~ : ~~~g=_~~~~~~d.~t
~~ ~C~ ~ ';~~~~~~~~~B~~~
0.. ;; ~ "~ 8 ~ ~ ~ ~ :; -S";; ?!" ~ ~ ..5 ~ 2' .9 'P' ~
~.::: :..J::1 -5 - "'" - '<6..,.-. -
~ j .! ~ ~ ~ .~ .~ ~ ~ ~ ] ~; ~ ] .~ ~ i.i ~ .
~~o~_~ E ~~~~C~~O~~~~g'2'
1..1 '::: 0 g'~ ~ ~ ~ -.- "tj ~ QJ :11 ~ ~ ..0 ~ ~ t
~o~~=~~ .~ [~~~~~EtH~~~~~
g~~~~g] 8 ~~~u~~~~~a~E~~
~~!~~.~~ ~ -~~~~~~~~.~~]~~;"
~ ~.~ a. ~_o ~~ .E -0 ct:: iU ~ ~ !)Q dol U ~ ~ ~ ~ u
- .... .... C. 'J t)Q ~ '" .s E O.S e ~ ~ ~ ;1"5 ~ :
~gu~~]~ ] CN~~~~c.~o~'-[uu
.~=~~~~~ ~~'~~;5~~E~~~~~~~
~~~~=_~-~ ~i~~~~.~~~g~~~-[.~~
CQJC~~_~ iU uuu~_~.~~E~_~aN
'E 3:'= ~ ~ :g [] g _~ g rn.9 U ~~ .~ ~ 8 E ~ ~ ~ ~ xn
o u e..E 0 ~..c ca -- l:! rn"E e.~ u -s: u ..... ._ ~ S ~ ::: 0
~ E 0 0. E ~ ~ ;: ~ ~ ~ ~ = ~ ~ '~ a. g ~ '3 5 ~ .~ ~
c~frQJ3~w.g~u~~"~~c~E~~au~~~
~ -5 o.J1'~ ..j.ri ~ 0 ~ t 2 ~ ~ : ~ ';'~ z ~ 0 ~ ~ ~ t
:~~~g ~ 8~:~~~~g~~"~:~~~
"0
<U
C ~
.~ ~ ~ (fl
~ ~ tt fI1
o gE'~
....
j"OQ.~'-S~ _~
t'J C "'0 E a ::;'~
~:.o Ctt rn ~ U -
<:::~->Et05EtO~"
~ ~]~ ~g,:::.g~~ 2
....
~ c8
.g ~i~~ ~
r::: ~..... 0.....
V)~=;~ ~
("') ~.D ;1) ~ ~.
'"
"
o
"
"
"
:I) (""")
leJ)f
o
~ ~ ':::-
000-0
NNNa
""
~ ~.:;:--
IU01:l
OOOcn
NNNti
g
~~6v
V")V)03.J
N ~ V) GI)
"
C
o
Z
00
" ~
" 0
rrJ "
'"
'"
"
U
o
O:=:
" ~
~ ~
~ 2
o..o-~
"
"0
c
"
"
(/)N
~- .~ ~
~ ~ ~.~
~ ~ ~ -~ ~
~ ~B5o
Ci
"
.~
';;i '"
u-
o 0
> 0
.c
... u
o '"
228
I!>.
cT
~
"
'"
::;;
N
N
""
"
~
'"
as
~
~
~
~
""
a
""
"
~
~
:;
o
.0
to
"
.g
'"
E
.B
.s
...
"
-"
<5
...
o
U
.s
" ;..
.8 u
-~ .~
" "
" ~
~ ~
c:lI _ __
>~g:::~
-MM-.:t" "1"
]~~~~
_ I I I I
___\0
_",,\000('0)
:::~~~"r
_~ N N N <"I
fnN<"INN
'" ""
8""
e
'"
a-
~
t:
'"
""
o
Na-
N ~
~....
" "
" -
~'"
-2 "'7
.= C'I
-N
~':
] ~-
~]
",,",
"""
~ ~
~'5
~[
e""
- "
~~
~ gj.
~2!
~ ~
"co ";
v'U
" "
... ...
00
u. u.
o
,..:.
00
M
""
o-^
0-
:z
o
D
Z
-E
o
o
~
..;.
M
""
",^
~
<3
o
Z
-ri
o
i-^
'"
""
",^
""
....:
0-
N
,..:.
'"
D
Z
-ri
o
",'
~
'"
",'
..",
o'
'"
<;'
'"
'"
o
z
1!
o
,;.,
c-
o
N
..;.
i!l'
-=
"
e
'"
""
o
'"
M
'"
o
Z
-ri
o
o
0-
,..:.
N
N
o
'"
'"
~
N
""
..,
""
o
0-
D
Z
"E
~
8
<:
'"
~
~
"
<;j
::?:
00
o
\0
o
o
G
f-
::J
~
"
c
"<;
E
o
u
o
f?
'"
u
~
c
E
"0
U
E
..::
..
"0
o
U
00
o
o
~
:;.:
'"
'-
o
""
<U
00
'"
0-
00
o
o
N
....:
u
o
""
~
'"
.c
"
~
o
.c
u
~
"
u
C
'"
"
:0
o
....
"
.0
B
u
o
I
'"
E
<U
E
"0
C
E
<:
"
"0
o
U
U
rrJ
o
.-
'"
o
g
<:
"
~
~
"
';;i
::E
00
o
\0
o
o
G
f-
::J
~
'"
....
"
"
's
"
o
U
o
~
to
~
C
"
E
""
"
"
E
-<
"
"0
o
U
00
o
o
~
:>1:
^~
.g
.,
"3
OIl
"
0::
.g
Vi
fi
x
<U
-0
"~
N
N
~
"
Q.
'"
.c
U
U
U
~
u..
'"
...
~
.~
~
...
'tl
=
OO'~
g ~
NE-<
~J.
$., Cfl
41 ~
.l:l$.,
.s.s
u '"
o 41
-U
00 .-
E-<I:
-z 41
J;o::l~'"
U~::::
~Q~
ZZI
- ~.=
~~ [
O<~
r...... E-< ~
....;><:41
~~.~
lil E-< ~.
Cloo'"
O~-;
E-<zi;l
<< ~
t::~
eO
~~
J;o::lC
~
o
E-<
00
~
o
o
Q
E-<
;;J
o
C
.9
U
~ ~
'"
:s
.:: :I:
..c U
1:: "'l
<E z
~ 0
'" N
0 "'l
0 rn
c ;:J
'0
a rn
'" Z
c 0
.9 E=:
~ -<
-l
~ :J
0
0 ~
-5
g ...
<8
U '"
0 '"
:0 0
...
::I <>
'" '"
., z^
c
0 U.l
N :r:
f-o
~
Z~
au
N
SJ:Jcds ~U!l!JCd
pJJ!nbJ~
rn
"'l
E-<
o
Z
~
~
rn
Z
o
1=
0(
...l
;:J
"
~
~
o
"'l
ll.
rn
'U .c: ~ ~
-: ggso ~ : ~ ~
Ja .g ~ E ]:a .~ ~ ~ ~
~ ~u'~~: ~ c ~~ ~ ~-~
g ~~bog ro ~ ~~ v:~
N ~~~N~ ~ ~ 00 ~ o~
1-0 ~(Qo~t'J (1.#;::: ~~..t:: >. o~
~ ~ -g 0 E ~ -S > ~.5 ~ .c ~ ~
~E~~: ~x ~ 0.... ] o-~
~ .D ~ :j .~ rn ~ ~ v a. ~ c3 Ef E !.i
~ ~ C,) S 't.!! ~ "E ~ 2 .... @".;: ,0 ~-
o e ~:s g ~ ~ ~ 0 ~ ~ ~ "'0 ~ 0. ~ g :5
~ ~9Ec~ -g~cu 5 ~~ a~ .s ~u~ ~
. ~c~E~ ro~C -0 ~~c a ~~-
~ ~ro~.e~ ~~~ i ~~ &~ ~ ~2 ~
_ o~~-c o.~t 0 e~ ^~ ~ -_ ~
~u~~~ E~v ~ 2~ =~_ c o~_
] ~~~~~ :jffn ~~!o ~ ~~ ~
: c~8~c ~~e rn .5~ "G ~ .~ tv E
d) 0 .!.! (lj lU ~ Ulo ,'11 C. ..g _::::t s= N -;;;- 0. ..c '"2 0.
C v..... ~ fI) c ~~ >. r.n :::s u "c. ';0 c::t ~ i,; 0
~ ]i~'~~ ~~~ g ~~ ~eu sg ~I-o ~
~ ~cuoc'~ ~vg ~ .~~ ~~u ~~ ~~ v
- >( ..c: ~ 0 t::= ~ 0. _ t2 ;> .- ~ Go):> "3 u a: ~ -0
'5 .U~"O<o,:t.g u~~<:t: v"" .!!:t o.!?,.Cl~ f.,i'E ~
l~~g!~~ ~~]~ ~ 1~ ~ ~ 1~ ~~ i ~
~~ec_~~ ]~b~ ~ eg'~ ~E ~~ E =
g .M fj A;; ~ ,~-~ E ] v ~ qf 8. ~ 5 ~ ii ~ -c ~ E -:
to (5 E ~ 0 x m ~ ~ E ~ . ~ -~ >.;:c .s B ~ 8. -0 ~
~~fI'l_::C_B ::c:a;-oE!)O {;:c a a... -5.... ~tn ~ :.en
o ..2 ~ .e. a ~~ '"" 9 0..-0 A;:::' ~ -S C':I a 0 .~ ~ a ~ ..... U
N (l1 ~ ;.; ~ ~ ~ ~ ~ ~ ~ ~ ,9 ~ ~ e j$ cs >. ~ E ~ E U .y
~ cd 1: S _S lU._ 0 b .... Q ii ~ ,~ti Q):! CI dj - ri -0 ~ ~ ~ 0-:1
-V)tlO :9C5a; tt::fI'l~J2....c: ~;:s -51o.oa_ aJ~U -a ~ u..,x:::::
ta - -u e '3 C \:I ~ u OJ.S en .B (.I 0 0. 0. -s: ~ "' ~ 0 l1J >
~-o~~~~~ 8-5E~o_5 -~~ ....~~ ElUt~~~ ~ ~~~ e
~~~'2~-~(l1 -'~=5~~ ~(l1 ]c~ 8~=~~g ~ ~-e~~
A!! u:l .... lU .... U3 ~ .5 ~ QJ c: u:I.... 0 ~ ell ~ -0 =t C ~ (Q - :t ~ -< u = '0
~~~~"5,~"5 ~~-S~lU~ .~~~g~u ~iUe~B! C':I ~lU~>.U
U 0 U U --- - 3: C':I Ul E..c 0 u -..... - as u -0 - - ('j ~ 00 11.1 -< X .D
~ ~ 't ~] e~ \:I ~ ~ .. i ~ c"i5a ~ ~ S"?:l .g ~]":f it ~f ~ e:' V III ~
~,~lU-_OOO QJCU~~U -00 _= c-ou~~.... ~ gu~~o
"Ei:~i~~ ti~~~!~ ~a.~]C 8'~~o~~ ~ ;~rl~~
~ ~ 5 = 0 ~ ~ 0 V ~ {;j u V u.9 t:: VI ~ a ~ ~ ~ ~ :::g c: 5. v <( 9
~'~E~u-~~~~~-o-B-S 5~a~~ __~~U'"" 3 ~vSv
-o~~~~~a~~S~8Q)~ oo~~~S ~~3~g~ ~ q-Sa~-
~ ~Qi ~ ~ :0 ':"5 3: t: ~ 5. ~1: g? 0 ti : W1 -5 "'5i E Q) ~ 9 -5 b B ~ tf ~
t; B ~ 0 -5 -:-:ct:: ~ u.J E C ~ ~ ~ -E C ~ bO l.o ~ ~ E g -E ~ ~ g b -.~ ~
E as -0 = 4.-c ~ g E OJ I ~ ~ E c: :j ~ ~ e 0 e -c';;: 8 lU o"Oc ~ _ 0. BeE
lU -~~o ~ <"- o~- u_~o ~c ~ lU U~~~
'-< ~ ....~ (/) V) '-0 ~ <( ~ E c: ~ v;::: 00 fij - ~_ ._ ~ ::s 11:I ~ .... (/) (Q _ _
~"' ~ .~ ~~ ~::: ~ ~ ."e :1 r;"g oS ~ ~ ~ s = "0 [ ii ~ g ] E ~] u : ~ &.s .s
~~E3~o~~c:g~!~ _~~~o~ ~]~-~~~~~g~~g~
:~e ~~~~glU_5u~U~E~g~- ~~~~a;~~~~B~~~-
o~o ~fr-~c~~E~2:jti!C~O-- _~_~~E~~9~~g5-~~
t.::<..c u . 0 -o..c ~ QJ - V @ > "0 - 4).9 c "' c ~ ~ tn QJ i... ;1 C. -::: - ~ o..-C
~ fn ~ <t:: .;:: ........ 4) U....c::: L. C ~-c .... 0 ~ ~ 0. 0. QJ u.o .::::l..c ~ _ o.g c ~ (.)
~ -TJ ~ V) e ~ 0 ~ ~.= ;; df ~ 8 U) ~S ~ ~ ~ ... e ~ -5:e ~ ~ ~ ~ ~ ~'5 lLt ca :a
~ "'" B V) 8. E tt:: t: QJ C Q) ,- J:! QJ --; 0 0 _~ {tl ~ >. >.:-;:: ~ 0 c: c..s ~ cOIle..&:: _
~ ~ ~ ~ 0 '0 v <2 (5 .g -s go -~ ~ a t:: ~ E ~ - 10.. -g -g ~ ~ E ~ ~ ~ ~'s So _~ ;; <-0
~~~~~-~~~~~~~1~~~~~~~ ~~g~~E~~~~-~~~~
-o~ ~ ~~~lU~ ~ ~ (/)~ 0 ~~~ u~o.. uQJ....~o
C "0 .,g S c (l1 U v E u E ui' 0 >-. -g 0 a ~ _9-;9 '(; -<<; 0. f! o...~ \:I 0 Q) 0."'0 00 ~ A;;;
co;i d -.- Q) "'0 c..s .:C ;;;. "0 ~ .... ~ - v ~ 0 c.,..; 0. 0. lU 0 0 .... = -- U en Co C ,",,"-
u CG ^ ~ E ~ U._.E l- C a .... ;; <:n ~ U c; ~ ~ ~ ~ t; 5.;; Cl1 F= ~ g.-.o. ':; 6
:2 lU.o E.9- " 5 g ~ ~ E t;i C .c CI) ~ ~ E"c c.;;.J "0 - - ~ Q) .... ;:: fn- 3 :; ;: '3 d 0'" ~
II:! ] ~ tIS 5-.z:: ~ '-< ~ ~ !I) o..s ~ ~ ~ u"' ~ e-.o ~ _~ _~ B ~ .~ ~ ~ 5 v: ~ E ~ ~ ~
E >ou~~=ooo~EQJO~fnClU~ =u~a....,",,~-o-~~~s~Qu
~~e~~=~~_5~~~~v'~~=~-~ S~~~~~~~E-5oo~-_~
-a~~~eogg~~~~E~2~~~~~=:~~B~u~~o~~~~:~
~]~~~j~~~~~~~~~~~~~f~~~~~~~~~~~&~~~&
.- .<g~"'O(l:S -."9" _ _0 ......0 ,e= C)-cN~3~"<:tCV)\Or-ooO\
-ON~~~c..s>M~fn~\Or-coo~~~~ --~--~c-~-----
en
"'2
'"
>>
~
~
.5
cr"
~
] (I) ~~ ~
'" _ bO.~ t cr ~ ~
II g -~:-s ~ ~ ~ b
~~1!~8g15~
.. "0
" .,
.~ c
~ .~
~~
- 0
0'0
.,
a
c
"
0_
Vl -
...
~ ~
u '" '"
CtS V 'Vi
c >>'"
0.0.0
...
=
41
S
c..
0=
0'
41
.,
t:
o
d
'1
o
<>
.,
-5
,5
'0
.,
1::
.g
"
~ (s );JJOPn.IlS oOOB--.
'"
'0 JO IqlllJH 0 OIl.S .J:: U.l <::: U.l
c <::: > e"O~~V'lm
!;:: WnlUlXC!^l 0 0::::;:; "'-<
g 0.0 ~.Eqj$B<
'" '"
~ '" '" ~
E JCd'>>: r:: ~
0 "'2 C::B
'0 '" '" ., 0 0
'0 E r (q:JCJ) Jp!S c;:::: 0 " 0
0 "
'" .- -0 ~ u rn c 0; Vl C
v .S fl~
.... ::E .~ IJ
... ..c
f-o '" rl'-~ ~ 0 ~ '"
Vl IUOJ,{ "
0:: 0 -;; ~ " 0
0:: 0 :;;: 0 0
~ CIl_ N N CIl C
1
....
~
o
.l:l
4f
Cj
:a
41
;>
c
'~
.9
e
~
tn
\0
00
I
N
N
CIl
Z
o
E=:
u
~
o
S/lJOIl. V'lIl~IDI
JZ1S 101
SS;J:JOJd h\J!AJ~
pJJ!nbJ'>>:
N
o
o
c
"
o
CIl
'"
.,;
'"
o
Or-
c-
""0
o C
CIl '"
.,
c
o
Z
'"
'" A '"
~ ~.J:: ~ ~
J: ~ .~ ;;J J: a
iiHd~..."'i~;1
~ -'0: gJ.c"'o ",o...c
;J ~C1J~2Eff;;08
^ ...
4O~tE
'@ -g 8 40 "0
0.. -c; -- ~ "' a
~o..c:u~~
~ A:: ~ E ~ ~_
.~ [~ ",'a"O , fi
~~~~bCE
~ >. U ~ ~ 9 _9-
o"o......c:cao::l
:::E2CiOOEif
.x
;!
-0
C
'"
3:
o
f-o
.,
OIl
'"
...
B
'"
.,
<>
"S: VI
... .,
., J::
'" ,-
~:::
~~
.c
'"
'"
8 3:
'E ia
01) <>
'" ...
" 0
:-gg
.c "J::
., '"
>t>
'"
.2
0-
~
.,
\0 0-
r- ~
M
- .,
.
N \0
N '"
"'" 0
., N 0-
.,
'" N ~
gf ""'-
0 0 .,
~ 0_
"'M
bll _A_
C "f -;'
:i2 ._ N
~ -N
0. ~~
'0
~ '0 1;l
..c
co '" u;
c .- '0
:i2 -5 ~
~ '0 >>
0. "'0
::; ., 0
<> ...
>("-
0 " ::I
.0 ~[
'"
c E 0/)
.S c:
OJ (ti--
E .c'O
3: ~
<8 ....0/)
o ~
.5 '" '"
... .a "d
.,
.:; va)
0 '0 '0
... ... Ci
0 0
lL. lL.lL.
,5
'0
.,
.0
'C
~
o
'0
~
'" A
-0.\00
r:.."'1'-
~~~
r::NN
"'NN
::: I I
---
--1.1") \,Q
-MM
A' .
-NN
",NN
8~
o
...
p,.
(3
"
OJ)
'"
0...
00
o
o
N
l-
V
.0
o
U
o
I
;::
v
E
"0
C
.,
E
-<U
00
"8Q
ut?
~~
OU
U.l
~
v
;,!
'"
c
:0
o
.-
0;
o
g
-<
><
~
0;
.C
~
~
00
o
\0
o
o
G
f-o
:J
-l
"'-;;;
\0 ...
cop ~
~-s
c c
,98
u 0
., 00
Vl ...
-^l)
X-;;;
~c
u v
.J:: E
.'i:-g
^ "
N E
~<
~ "
0.'0
'" 0
6~
~8
~~
lL.~
MODIFICATIONS RECOMMENDED BY THE PLANNING
COMMISSION
September 17, 2008 Public Hearing
The Planning Commission's modifications and clarifications to the staff recommendation are shown
below. The text as initially proposed by staff is indicated with single underlines. The Commission's
modifications are indicated with double underlines (new text) and d~tlblll 8triklltm~Mgh8 (deleted text).
Staff concurs with these modifications and they have been reflected in the Planning Commission
recommendation as forwarded to the City Council (see Exhibit A to the Draft Ordinance).
ARTICLE XIII, "Supplementary District Regulations."
Division 1. Generally
22-964 Re2ulation of portable movin2 containers for temporary accessory movin2 activities.
Portable movin2 containers may be used in any zone for the purpose of temporary
accessory movin2 activities, subiect to the followin2 criteria: (l) Residentiallv zoned lots are
allowed onlv one container at any time; (2) The size, materials, and desi2n of the container must be
consistent with the movin2 industry standard for the particular use and settin2; (3) Containers may
not be placed in required side yards, rear yards, or critical areas setbacks, or interfere with safe
si2ht distance or traffic circulation in adiacent streets and sidewalks; and (4) Containers may
remain on a property no lon2er than 60 days in any l80-dav period, unless permitted in writinl?:
aooroved bv the director of community development services. P@rsoo.s i1'ishio.f: to pla@@ su@h a
@ootaio.@r must proi'ide ad,'ao@@ writtlln noti@@ to tile direetor, spe@H'I';io.f: tile addnss of the
Pl'Opertv vrllllre tile @oo.fainer ,,'ill bll plued, dimensions oCth@ @oo.taio.er, ao.tieipatlld dat0s of
d@liw:er~; and nmoyal, and tllll name ao.d @oo.tad io.formation for thll responsibl@ part'\'. Tllll
diredor wiD issue "'f'ittlln @oofirmatioo. and maio.tain a re@ord of aU su€h o.Oftells. Tile appu@ant
may rtlqUllst io. ii'ritio.l?: ao. @xtllo.sioo. to the spe@ified timeframe of UP to ao. addiooo.al 60 days, aDd
the diredor mar; appro'\'@ Bu@1l nqUllst iCth@ appli@ant @KPlaio.s ,""hi' thll ext@o.sioo. is n@@@ssary and
the @ity det@rmintls that the @xt@nsioo. ,,'ill not @I'@attl a o.uisanetl f-3r adiaunt propnt-; o,,'o.@rs or b@
detrimental to tllll puhlill h@alth, saf@F\" and wtllfan. Tile @it-; maw; also nquin a bond, under
FWCC 11 116 @t seq., to llo':er the (lost of nmo'\'io.l?: thtl @oo.tainef', if nelle8sal'Y.
Division 9. Yard Requirements
22-1133 Structures and improvements.
(10) Construction-related outdoor stora2e containers may be temporarily placed in the
required front yard of ao. o(l(lupied sin21e-familv residential lot if approved under FWcC 22-963,
and portable movin2 containers may be temporarily placed in the required front yard of any lot if
approved under FWCc 22-964.
K:\2008 Code Amendments\Cargo Containers\LUTC\I00608 Materials\Planning Commission Modifications.doc
230