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HomeMy WebLinkAbout07/16/1973�i i MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA JULY 16, 1973 - 7:00 P. M. CITY HALL Pledge Roll Call ' Present: Myron Graham, T. Keith Gurnee, Jess Norris, Mayor Kenneth E. Schwartz Absent: John C. Brown City Staff Present: J. H. Fitzpatrick, City Clerk; W. Flory, Parks and Recreation Director; R. D. Miller, Administrative Officer; R. A. Paul, Water Director; E. L. Rodgers, Police Chief; D. F. Romero, City Engineer; L..Schlobohm, Fire Chief; A. J. Shaw, City Attorney; R. D. Young, Planning Director A. Mayor Schwartz with council approval made the following appointments to the Citizen's Advisory Committee: Reappointments James D'Albro Four Years Brenda Johnson Four Years New Appointments Arnold Rosenfield -Four Years David Bourne Four Years Ronald Allen Four Years Charles Dills Four Years Margaret Nybak Four Years Beatrice Kardel Two Years Foster Gruber Two Years John Eskeline Two Years B. Mr. Harry Kim, attorney for Robison Electronics, appeared before the City.Council to request the special addition to the agenda of an item relating to the construction of the Robison Electronics plant. Robison desired to commence combustible construction at the plant prior to installation of fire hydrants required by the City. At the present time construction was haulted by a stop work order issued by the City. Mr. Kim stated that if the City did not allow construction to proceed, his client would be delayed up to two weeks at a cost of several thousand dollars in lost business. ' Councilman Gurnee stated he was opposed to the addition of the item to the agenda and noted that the Council had not received any supporting data prior to the meeting. Since Council rules provide that at least four Councilmen must consent to the addition of special items to the agenda and since there were only four present, one of whom had already stated his opposition to the consideration, Mr. Kim's request was denied. ------------------------------------------------------------------- C_ L. The City Council approved payment of claims against the City Council Minutes July 16, 1973 Page 2 City subject to authorization by the Administrative Officer. C -2. The City Clerk presented the bids received by the City for Hiquera Street and Los Osos Road (Extension) Street, Water and Sewer Improvements, Tract 467, City Plan No. 27 -73. (See Exhibit "A ") D. F. Romero, City Engineer explained the scope of the street and sewer portions of the bid and Robert Paul, Director of Water Services explained what was involved in the water improvement portion of the bid. Both D. F. Romero and R. A. Paul recommended that the City Council accept the low bid of Charles Pratt Construction Company for Alternate "A" $211,498.82. D. F. Romero and R. A. Paul broke down the City of San Luis Obispo's share of the cost and the developer's share of the cost as follows: BID STREET $ 27,927.18 SEWER 59,426.04 WATER 124,145.60 TOTAL $211,498.82 CITY'S DEVELOPER'S SHARE SHARE $ 21,138.51 $ 6,788.67 17,220.24 42,205.80 75,266.80 48,878.80 $113,625.55 $ 97,873.27 R. D. Miller, Administrative Officer reviewed for the City Council the budgeted amount for these projects and where the additional funds would come from. Councilman Gurnee stated that he was opposed to this project, due to the large amount of public funds involved to help the developer. D. F. Romero and P. A. Paul the bid. As the City had a improvements, further sewer put in were a needed step ti Valley. The street sharing policy. again recommended that the City Council award previously approved contract to make the and water improvements . being cooperatively D the ultimate water development for Los Osos was in accordance with long standing city On motion of Councilman Norris, seconded by Mayor Schwartz that the low bid of Charles Pratt Construction Company for Alternate "A" $211,498.82 be accepted. Councilman Gurnee stated he would reluctantly support the motion in the interest of water improvements. Motion carried. C -3. Council approved the request from residents of Cecelia Court for permission to hold a block party and close the street during the party. C -4. City Council denied claim against the City by Dean M. Galvin for damage to his automobile as result of an accident caused by faulty traffic signals and referred it to the cities insurance carrier. C -5. Council authorized the Mayor to accept and record Grant Deed from Stanton M.•and Gladyce I. Forden for street widening purposes on Serrano Drive and Palomar Drive. C -6. Mayor authorized to accept, on behalf of the City, agreement for street widening purposes between Monterey and Higuera Streets as offered by Harry F. MacDonald. . L 1 i City Council Minutes July '16, .1973 Page 3 C -7. Council approved salary step increases for: (Effective August I, 1973) Richard C. Colombo - Groundskeeper From Step 2 or $652 to Step 3 or $690 Robert J. Downey - Police Officer From Step 3 or $910 to Step 4 or $960 Steven E. Dunlap - Groundskeeper. From Step 3.or $690 to Step 4 or $730 Alan D. Matthews - Police Chief From Step I or $816 to Step 2 or $860 Winston B. Morrissey - Police Lieutenant From Step 4 or $1,224 to Step 5 or $1,294 C -8. Communication from the State Department of Transportation concerning proposed improvement of Laguna Lake outlet and subsequent effect on drainage near Highway 101 interchange at Los Osos Valley Road was referred to Item No. 9 of the regular agenda. C -9. The City Council referred the deed for the fire station site on Los Osos Valley Road and Madonna Road to the Planning Commission to begin annexation proceedings. C -10. The Administrative Officer made the following appointments of personnel: Appointed Gail Ann Davis as Secretary to the City Clerk effective July 16, 1973 at Step I or $568, subject to one -year probation. Appointed David Phillips as Maintenance Man II, in the Public.Works Department, effective July 16, 1973 at Step I or $636, subject to one -year probation. Appointed Michael Alamo as Senior Recreation Leader, effective July 16, 1973 at Step I or $712, subject to one -year probation Promotion of Merlyn Van to Mechanic Foreman, effective July 16, 1973 at Step 3 or $886, with normal progression for advancement. C -II. Memorandum from .Park and Recreation Commission concerning social welfare or community service programs in a proposed recreation building at Meadow Park was referred to Council subcommittee for further study. On motion of Councilman Gurnee, seconded by Councilman Graham, consent items were approved as indicated. Motion carried with Councilman Brown absent. I. The City Council considered the final passage of Ordinance No. 585 (1973 series), an ordinance of the City of San.Luis Obispo disapproving the proposed annexation of territory designated as "Edna Road No. 3 Annexation ". D. F. Romero stated that the city is already serving sewer and water to several properties in the proposed annexation. On motion of Councilman Gurnee, seconded by Councilman Graham City Council Minutes July 16, 1973 Page 4 that the ordinance was introduced for final passage. Finally passed on the following roll call vote: AYES: Councilman Graham, Gurnee and Mayor Schwartz NOES: Councilman Norris ABSENT: Councilman Brown 2. The City Council considered the recommendation from the Planning Commission concerning lot size for schools located in residential areas. On motion of Councilman Gurnee, seconded by.Mayor:Schwartz the matter was continued to August 6, 1973. 3. The City Council considered the objection of Bailey Bridges, Inc. to a condition on a minor subdivision requiring the installation of a fire hydrant at Beebee and Woodbridge Streets (continued from July 2, 1973). D. F. Romero explained that the hydrant installation was a condition of the small subdivision requested by Bailey Bridges, Inc. The reason the small subdivision was requested was so that the developers would not have to pay for the acreage charge for water on the hill property directly behind the warehouse. The lot split was only for convenience of the property owners. Fred Hamlin, representing Bailey Bridges, Inc., appeared before the City Council asking that the City not require the installation of this hydrant as a condition of their small subdivision. He stated the only reason they were dividing their peoperty was to avoid the payment of the water payment charge that would be levied on their property. On motion of Councilman Norris, seconded by Councilman Gurnee that the City establish an area of benefit and that Bailey Bridges, Inc, only be charged for a prorated share of the - hydrant construction. Further this was no precedent from the established City Council-'s policy when no known construction was involved. Motion carried. 4. The request from Water Director for Council study session to discuss Los Osos Valley and Lower Hiquera Area water system improvements was continued to a noon study session Tuesday, July 24, 1973. 8:20 P. M. Mayor Schwartz called recess. 8:30 P. M. meeting reconvened. All present except Councilman brown. 5. At this time the City Council- held a public hearing to consider adoption of an interim urgency ordinance extending the prohibitions against construction and grading in certain undeveloped areas which flooded in January, 1973, pending review of the need for additional land use controls in said areas. A. J. Shaw,.City Attorney, presented the interim urgency ordiance and named the areas involved: A. Laguna Lake B. Froom Creek south of Los Osos Road and west of Highway .101. C. South Higuera from Elks Lane to the south side limits. He also reviewed the fact that the Planning Commission was to supply studies to clear up the problems on a permanent basis. Councilman Gurnee explained that the Waterways Planning Board had recommended the adoption of the proposed ordinance. City Council Minutes July 16, 1973 Page 5 D. F. Romero, City Engineer, stated that the City already had complete control of building and grading in the Los Osos Valley and that this ordinance merely duplicated these controls. He pointed out that this ordinance would not permit grading by a private party in order to protect his property from flooding or to correct an inadequate drainage channel. Mayor Schwartz declared the public hearing. open. Robert Williams, Engineer for Curci Developers on Laguna Lake inlet, questioned the need for the control of grading in the area adjacent to Laguna Lake. He felt that the conditions in the proposed ordinance were unfair and offered only one.sol.ution to the problem. It was his opinion that this was just another attempt by the City to control use of someone else's land and to restrict development. C. A. Maino felt that the 1969 and 1973 floods were caused by just too much water and.not by the physical condition of-the area. He suggested that dams be placed on the upper regions of the flooded plain to control water. Warren Dolezal,.developer of Tract 467 -I, presented a series of sketches showing how he hoped to improve San Luis Creek as it went through his property. But he was afraid that the conditions of-the proposed ordinance would not allow him'to do'necessary grading and clean up the creek through his property. Lee Burkett, Oceanaire Drive, was opposed to the ordinance as he did not feel it would solve the over all flooding at the southwest quadrant of the City. Lowell Fuller, Edna Road resident, was opposed to the proposed ordinance as it d.i.d not protect the property owners' rights to develop their property as they saw fit. Mayor Schwartz declared the public hearing closed. Councilman Norris suggested. that Section 2 -C of the ordinance be amended to-allow approval of all private projects by the City Council. He did not feel that the .proposed ordinance was a good one and he felt that it should not be adopted. He stated that he would support positive action on flood control and development but that this ordinance constituted a negative approach. Councilman Gurnee stated that he would support the ordinance in order to prevent the lower land from flooding in the interim period. Mayor Schwartz stated he hoped the Council would support the proposed interim urgency ordinance in order to protect some of the flood -prone areas from flooding. Councilman Norris felt that the consideration of thi.s ordinance should be continued until clarifying language was added and changes made. Or, motion.of Councilman Gurnee, seconded by Mayor.Schwartz consideration was continued to Jul.y 30, 1973. Motion carried. On motion of Councilman Gurnee, seconded by Mayor Schwartz that the City continue its policies relating to issuance of building permits or grading permits, in areas which flooded during the January storm or designated flood prone, as specified under City Council Minutes July 16,.1 973 Page 6 expired Ordinance.No. 575 and Resolution Nos. 2426 and 2444..-City Engineer Romero again requested that the Council pass a replacement ordinance since an expired ordinance is! extremely difficult to enfore. Motion carried. 6. D. F. Romero, City Engineer, submitted the following report on fill which had occurred on the property at the intersection of Marsh and Higuera streets that has encroached in the original creek channel. He reviewed the various grading ordinances adopted by the City Council over the years which he felt have.al.lowed the fill in.this area.,: The photographic overlays prepared by Mark Hurd Aer.ial Surveys indicated that between 1956 and 1965, a considerable amount of fill was, placed on the property, so as to move the top of.bank and the bottom of bank as much as 20 feet into the waterway. This earth wort: occurred over an approximate 300 foot lenght, with the average encroachment being about ten feet (101). .Between 1965 and 1970, the top of .bank was extended as much as an additional 30 feet and bottom of bank as much as an additional 15 feet into the waterway, although these maximum encroach- ments occurred at different locations than the maximum of. the.previous earthwork. The total encroachment between 1956 and 1970 amounts to a maximum of 40 feet at top of bank and a maximum of-30 feet at bottom of bank. This encroachment had the effect of, changing the approach direction of the main thread of the channel .so as to intersect the Marsh Street bridge structure at a sharper angle than previously existed. This aggravated an already poor channel alignment of the existing bridge structure. The encroachment into the waterway,. however, along the Fiesta Mobile Home property, did not restrict the waterway to as small a capacity as occured under the bridge structure or downstream of the bridge structure. In other words, the creek cross section at this location wasn't the critical section for this area of the waterway. I believe that the Fiesta property would have flooded both in 1969 and in 1973 with or without the channel encroachment.. Under question, City Engineer,.D. F. Romero, admitted that clearing and realigning the channel would allow for better efficiency of the Highway Department bridge. Herb Filipponi, Department of Transportation, agreed with the comments of the City Engineer that upstream clearing and realigning of.the creek would allow for more capacity under the Marsh Street bridge and a better angle for the water. C. A. Maino, property owner, explained that no additional fill hard been placed..on the property by him since 1955 although there had been some dumping and filling on the property by the City Public Works Department. Enrico Bongio, Sierra Way, felt that the bridge.at Marsh and Higuera Streets was the most poorly designed bridge in the City as the bottom of the bridge structure lay below the adjacent banks of the streets which restricted up- stream.flow. On motion of Councilman Norris, seconded by Mayor Schwartz that the City request the State to proceed post haste with development of plans to replar_e this bridge so that greater water capacity could pass through. Also the City to cooperate in what could be done to improve the upstream bridge. Motion carried. 1 1 1 City Council Minutes July 16, 1973 Page 7 7. D. F. Romero, City Engineer, reported.that all materials were now prepared for.imp.lementation of the Federal Flood Insurance Program by the City. A. J. Shaw, City Attorney, expl.ained.that one the application for Federal Flood Insurance was received by H.U.D..citizens of San Luis Obispo could begin applying for flood insurance through .their private insurance carriers. On motion of Councilman Norris, seconded by Councilman Gurnee, the exhibit map to accompany Resolution No. 2479, a resolution of the Council of the City of San Luis Obispo requesting , permission to participate 1,n the Federal.Flood Insurance Program, was approved. (Resolution adopted at meeting of June 18, 1973.) Motion carried unanimously. 8. Clint Milne, County Hydraulic Engineer, submitted on behalf of the County of San Luis Obispo a proposal for:the formation of a flood control zone in a portion of the San Luis Obispo creek drainage basin. He suggested that the City and County form a zone within the flood control and water conservation program for the following purposes: I. Creek channel maintenance which would involve clearance as a continued annual activity.. 2. Hydrologic data collection including instrumentation and data analysis-of rainfall and stream.flow information to provide a basis for drainage planning. 3. Development of a master drainage plan which would form the basis for any major capital improvements which might ' be warranted to provide flood protection. He then submitted ,a map showing the proposed boundries of the proposed zone which would take in the San Luis Creek drainage area to the confluence of Davenport.Creek and San Luis Obispo Creek. The proposed tax rate as reviewed by the County for minimal work would -be .05¢ per .$100 of assessed valuation. He then submitted a tentative schedule for the formation of Zone 8 through election in June, 1974.. The City Council discussed with Mr. Milne some of the effects of.the proposed boundries of Zone 8 and methods of implementing the formation of the zone. Mr. Milne introduced Wally Burt from the County Engineer's Office who stated he was available to answer any questions the City had on the proposed flood control zone. Mayor Schwartz then reviewed for the people present the actions taken by the City Council at a prior meeting askinq.for cooperative program with the.County Board of Supervisors to establish a flood control zone or district to pay for the improvements-in the drainage basin. He also explained that the City Council had requested that the supervisors consider a joint powers agreement by the City and County to manage the zone. Mayor Schwartz then concluded that the City Council accept Mr. Milne's report and continue it until they heard from the supervisor.on the City- County proposal. Councilman Norris stated he was willing to move ahead with the County to form the flood control zone but that he was opposed to the Inter- Agency.Task Force. He said he would look with favor.on a joint powers agreement as long as there was no delay in the Flood Control Zone. The matter was continued. IX City Council Minutes July 16, 1973 Page 8 9. D. F. Romero ;'City Engineer, presented the plans and specifications for the Council's consideration for the third barrel drainage structure under Madonna Road. D. F. Romero, City Engineer, explained to the Council the scope of the work to-.be accomplished. He estimated the cost to be $52,520 with completion by November, 1973, provided there is no delay in award of the contract, delivery of materials or per•suit of the work. On motion of Councilman Gurnee, seconded by Councilman Norris the City. Engineer was authorized to advertise for. bids for the third barrel structure on Madonna Road. Motion carried. The City discussed communication from the Department of Transportation asking for City cooperation in enlarging the outlet to Laguna Lake for the structure conditions would affect the drainage structure under Freeway 101 south and of Madonna Road outlet. Mayor Schwartz asked the City staff to keep the Department of Transportation informed of the Citv's actions and further offer City cooperation on further improvements. 10. Dr. Ernest Milled representing COLA (Citizens of Laguna Lake Area), appeared before the City Council offering to cooperate with the City to protect the Laguna Lake area residents from future damage by flooding and high water. He continued -that the COLA group would like to have help from the City in getting out a newsletter which would inform all residents in the Laguna Lake area of what'the City is doing to protect them from future damage. He also asked that the City proceed as rapidly as possible with solving the drainage problems which endanger the residents of this area. He concluded that the most difficult problem faced by the residents of Laguna Lake in addition to the fear of flooding was the inaccurate information they received regarding lack of speed being taken by the City to protect and improve the drainage problems. Also the residents received much misinformation due to the lack of communication. This was the reason for a newsletter to the residents so that they might attempt to explain what was going on. Inaccurate information was worse than no information. The City Council stated that they would be most happy to cooperate with the residents in trying to get the proposed information to them. Mrs. Sandra Silacci, 1507 Gulf Street, presented the following petition signed by 278 people for the Council's consideration: We a group of concerned Laguna Lake citizens, are watching Monday night's meeting to learn about the plans for the new barrel under Madonna Road. We are most interested in the "implementation dates." All else is secondary. We have been promised action by'"the next rainy season." We take this as completion by I October 1973. We feel we have been most patient so far. We are disturbed e by the apparent inaction II. Jack Fabbri, representing the Civic and Fine Arts Association, reviewed the history of the association over the past 12 years and the work and time they had spent in that period in attempting to produce a Civic and Fine Arts building for the citizens of San Luis Obispo County. He explained that a number of financial reports had been made. Election was held for a formation of a Civic and Fine Arts Association, which was defeated by the taxpayers but that:now, through cooperation of Cuesta College, there was an opportunity for the community to acquire City Council Minutes July 16; 1973 Page 9 a facility,at reduced cost for construction and maintenance. He stated that the current proposal was for Cuesta College to donate 10 acres of,land for the development of a Civic and Fine Arts building as part of the education program. This would include full parking facilities, landscaping and maintenance to be paid for by the college and further that 2 1/2 cents of Public Relations fund of the college would be set aside for the construction of the structure. He urged the City Council to enter into a joint agreement with Cuesta College for development of this facility and that they promise to set aside City funds as follows: I. Either 50% of bed .tax increase, or 2. An annual reserve fund of $60,000 from any increase in City sales tax, or 3. An out -right grant from the Federal revenue sharing fund, or 4. Any combination of the above which would total $80,000 to $90,000 per year as the City's share of the structure He continued with the implementation of the reserve fund program, either the City, the college or the Civic and Fine Arts Association might be eligible to qualify for Federal assistance. He again urged that the City .Council take action-now to establish the necessary reserve funds ;so that this dream; a Civic and Fine Arts building, might be accomplished in five years. The City Council discussed in general terms of the proposal of the Civic and Fine Arts Association to develop a community center on the Cuesta College campus. On motion of Councilman Norris, seconded by Councilman Graham that the City Council reflect a view to support the concept of a City - Cuesta College development of a community center building on the college campus and direct the subcommittee to consider further development of the plan. Motion lost on the following roll call. vote: AYES: Councilman Norris and Councilman Graham NOES: Councilman Gurnee and Mayor Schwartz ABSENT: Councilman Brown On motion of Mayor Schwartz, seconded by Councilman Gurnee• that the City Council's subcommittee continue their deliberation with the Civic and Fine Arts Association and the Cuesta College trustees and return to the City'Council' when additional information was available.. Motion carried. 12 -A. The Waterways Planning Board minutes of May 31; June 13, 15, and 27, 1973 was continued to July 30, 1973. 12 -B. The memorandum.regarding:actions to be considered by Council on Waterways Planning Board recommendations was continued to July 30, 1973. 12 -C. 8 12 -CI. The City Council considered the request of Joseph Johnson, Arthur King.and.Willis.Bard to:reconsider the decision of the Waterways Planning Board to require stone rip -rap anchored in bedrock along a portion of Stenner Creek. City Council Minutes July.16, 1973 Page 10 The property owners asked the;City Council in lieu of the stone rip -rap that they be allowed to use concrete sack rip -rap with reinforced steel as originally requested and then to landscape and beautify the creek bank. The City Council discussed with the property:owners the relative benefits of stone rip -rap and sack rip -rap. On motion of Councilman Graham, seconded by Councilman Norris that the City Council approve the request for sack concrete rip -rap with reinforced steel in lieu of the stone. Motion carried. Mayor Schwartz voting no, 12 -D. The report of the City Engineer regarding Broad - Murray drainage improvements (A: Memorandum, Waterways Planning Board on the above plans.) be continued to July 30, 1973. 12 -E. The communication from City Engineer regarding action of Waterways Planning Board approving culvert extension and fill work in Tract 445 was continued to July 30,-1973: 13. Council consideration of a proposal by Councilman Gurnee to solicit proposals from management consultants or certified public accountants with recognized municipal experience to conduct a complete general audit of City fund accounts and accounting. systems. Study to include recommendations relative to the adoption of the Standard Chart of Accounts as recommended by the California Committee on Municipal Accounting was continued to July 30, 1973. Councilman Gurnee left the meeting at 12:50 A. M. 14. D. F. Romero, City Engineer, submitted a report on his review ' with Mr. Lane Wilson, Parks Foreman, regarding modification of trees to install loading zones approved by the City Council at its meeting of July 9, 1973. It was concluded that almost all the loading zones could be installed with only minor trimming which would not affect the appearance to any degree. Several loading zones, however, were in direct conflict with the trees and would require major modification or a change in the location of the zones. Assuming that the City Council would wish to preserve the trees in their present location, he submitted the following changes in the location of the.zones: I. The loading zone proposed on Garden Street in front of Hannah's could be relocated to easterly side of Garden Street, extending 60 feet southerly from Higuera Street. This would eliminate one additional parking space, however, it would not interfere with existing trees and would provide an equivalent loading service. 2. The loading zone proposed on the north side of Marsh west of Chorro would interfere with.two trees. There was some question on the part of the City Council as to whether this zone was needed. It was his recommendation that the zone be abandoned, or if the zone were needed in this vicinity, that it be reduced to a short space (20 feet) on the westerly side of Chorro north of Marsh. ' 3. The 40 foot zone proposed in front of Sears on the south side of Higuera would also interfere with a large tree. It was his recommendation that this space be reduced to 20 feet near the crosswalk. It was generally agreed that the City would not install a loading zone on Garden Street. On motion of Councilman Norris, seconded by Councilman Graham recommendation ,i 3 was approved. The Marsh - Chorro loading zone discussion was continued to July 30, 1973 for further discussion. L 1 City Council Minutes July 16, 1973 Page II Motion carried. AYES: Councilmen Graham, Gurnee, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Brown 15. Adjourn to Executive Session. 16. Adjourn to 5:00 P. M. Tuesday, July 17, 1973. 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