HomeMy WebLinkAboutMinutes 020999 Approved as submitted
DATE: 03/09/99
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY, FEBRUARY 9, 1999
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the Regular Session to order at 7:00 p.m. and Council Member Clay led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Arrambide, Clay, Lerno, Luna and Mayor Johnson
Absent: None
Others Present: City Clerk Marcia Torgerson
Staff Present: City Manager Wade McKinney, Police Lt. Bill Watton, Fire Chief
Mike McCain, Community Services Director Brady Cherry,
Administrative Services Director Rachelle Rickard, Community and
Economic Development Director Paul Saldana, Associate Planner Judy
Lautner, Assistant City Engineer John Neil and City Attorney Roy Hanley
APPROVAL OF AGENDA:
Council Member Luna asked that the agenda be amended to include the recognition of former
Planning Commissioner Jennifer Hageman.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve the agenda as amended above.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation: Proclaiming February 23, 1999 "Spay Day USA"
Nancy Fisk,North County Humane Society representative, accepted the Proclamation.
2. Recognition of Former Parks and Recreation Commissioners, Jerrie Dahlen, Dan Davis
and Joanne Peters.
Mayor Johnson presented Dan Davis and Joanne Peters a plaque thanking them for their service
to Atascadero on the Parks and Recreation Commission. Jerrie Dahlen was not present.
Parks and Recreation Commission Vice Chairman Paul Hood also thanked them for their service.
3. Recognition of Former Planning Commissioners Jennifer Hageman and Michael Sauter.
Mayor Johnson presented Jennifer Hageman a plaque thanking her for her service to Atascadero
on the Planning Commission. Michael Sauter was not present.
COMMUNITY FORUM:
Robert Huot, 3850 Ardilla Road, thanked the Council for awarding Jennifer Hageman with a
plaque as she served the community well.
Paul Ricketts, 4475 Sycamore, stated that the perception to the public is that four out of the five
Council Members have interest and/or friendships with developers, builders, realtors, etc. and
that they are voting in favor of those interests.
Judy Murphy, 9320 Santa Clara Road, stated that the lights at the Eagle Creek Golf Course are
still in violation of the City's light ordinance. She asked the Council to review the complaint
form she has filed with the City today and stated she would like this issue resolved. (see
Attachment A)
Dorothy McNeil, 8765 Sierra Vista Road, stated that a new appointee to the Planning
Commission seemed to be unaware of the governmental process associated with her position on
the Planning Commission. Mrs. McNeil read a prepared statement of her concerns. (see
Attachment B)
Jim McFadden, 7640 Atascadero Ave., gave the Council an update on the status of the loss of
water, as a result of the Morro Road drainage project, in the pond on Atascadero Ave. He turned
in a prepared statement with pictures. Mayor Johnson directed staff to follow-up on this issue.
(see Attachment C)
John McNeil, 8765 Sierra Vista Road, stated that he was concerned when he did not see Jennifer
Hageman's name on the agenda under the Presentations section. He was glad to see the Council
did recognize her service to the community. Mr. McNeil said that the Council would have lost
the respect of the community if they had slighted her. Mayor Johnson responded that the plaque
for Ms. Hageman was made with the others and that there was never any intention to slight Ms.
Hageman.
Mayor Johnson closed the Community Forum period.
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COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Johnson announced that George Porter passed away on Sunday. He was the founder of
the Atascadero News.
Council Member Clay announced that the Super Bowl blowout went very well.
A. CONSENT CALENDAR
1. City Council Minutes - January 12, 1999 - (City Clerk recommendation: Approve the
City Council minutes of January 12, 1999) [Marcia McClure Torgerson]
2. Before and After School Child Care - Memorandum of Understanding with the
Atascadero Unified School District - Fiscal Impact: None (Staff recommendation:
Council authorize the Mayor to execute an agreement with the Atascadero Unified
School District for the purpose of providing consultation services the School District
Child Care Program) [Brady Cherry]
Council Member Luna pulled Item #A-1. He questioned the statement in the minutes where
Mayor Johnson referred to a new FPPC ruling. Mayor Johnson stated that he was referring to the
City's new procedure to have Council Members fill out a form whenever they are going to step
down due to a potential conflict of interest.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. The Lakes - Amendments to the General Plan Land Use and Zoning Maps and zoning
text, plus subdivision map to allow development of a 142 acre site with 122 homes, 2
large lakes, and related amenities (Davis Ranch, 3900 Traffic Way: Midland Pacific) -
Fiscal Impact: $40,000 over 10 years, to pay for itself after about 20 years - (Staff
recommendation: 1) Council adopt Resolution No. 1999-011, certifying the
Environmental Impact Report (EIR); and 2) Council adopt Resolution No. 1999-012,
approving General Plan Amendment 97001, changing the land use designation of the site
from Suburban Single Family to Moderate Density Single Family, and extending the
Urban Services Line (USL) to include the site; and 3) Council adopt Ordinance No. 357,
on first reading by title only, approving Zone Change 97002, changing the zoning of the
site from Residential Suburban (RS) to Residential Single Family (RSF-Y), and adopting
Planning Development Overlay Zone No. 14; and 4) Council adopt Resolution No. 1999-
013, approving Vesting Tentative Tract Map 97003 based on findings and subject to
conditions) [Paul Saldana]
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Mayor Johnson announced that Council Member Lerno has disqualified himself from
participating on this item to avoid an appearance of impropriety. (Statement of Disqualification
is filed in the City Clerk's office.)
Community and Economic Development Director Paul Saldana introduced Judy Lautner,
Associate Planner, who gave the staff report. Staff also answered questions of Council.
Council Member Luna pointed out that the proposed Ordinance No. 357 does not have any
conditions included with it in the agenda packet. Ms. Lautner stated that staff would insert that
information before the second reading.
There was lengthy discussion of areas of concern by the Council including railroad crossing,
wastewater limits, etc.
Mr. Saldafia stated that the Union Pacific Railroad was contacted last week concerning the
currently private at-grade crossing. They responded by stating that they do not encourage or
support the installation of new at-grade public crossings. The private crossing is a result of an
agreement with the property owner and may not be used by the public. Mr. Saldana read a letter
from Union Pacific into the record.
Council Member Clay announced that he has been to 2 meetings within the neighborhood and
has spoken to some of the neighbors and has attended Planning Commission meetings on the
proposal.
Council Member Luna also announced that he has attended neighborhood meetings and Planning
Commission meetings on this issue.
PUBLIC COMMENT
Dennis Moresko, Managing Partner of the Lakes Partnership, explained the proposal and asked
that he be able to speak at the end of the public comment to address any concerns that come up.
He gave a summary of how and why this project was planned. Mr. Moresko explained that he
has made arrangements with the property owner on Hildago to move his garage and create an
emergency exit onto Hildago St. He stated that he proposes donating the lot that the emergency
exit will cross to the Babe Ruth League youth organization. He also offered a$250,000 donation
to the City to be paid on a pro-rata basis for youth activities. Mr. Moresko gave the City Clerk
over 150 letters from citizens who are interested in living in this project (see Attachment D
which, due to its size, is available in the City Clerk's office). He also stated that they will pay
their fair share ($122,000) towards the improvement of bike lanes in the area but only if it is
required in the final phase of the project.
Paul Ricketts, 4475 Sycamore, expressed his opposition to this project. He stated that he doesn't
understand the concern about two accesses because he's lived in a neighborhood with one access
for years. He also expressed his concern about the impact on his neighborhood to hook up to the
sewer system, impact on water table, and the effect this project will have on his property value.
Jennifer Hageman, 8805 Santa Lucia Road, read a prepared statement opposing the proposal.
She stated that the fiscal analysis for this project states that this project will not pay for itself for
15 years. (see Attachment E)
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Joan O'Keefe, 9985 Old Morro Road East, stated that she is speaking on principal because she
knows it will be approved. She read a prepared statement that expressed her concerns with the
project. (see Attachment F)
Judy Murphy, 9320 Santa Clara Road, stated that she is opposed to this project as it does not
address the need for affordable housing.
Joan Jewell, 4485 Sycamore, expressed her concerns with the project. She stated there are
several inconsistencies in the proposal with the EIR. She said that she is opposed to the project.
Ted Jewell, 4485 Sycamore, stated that he is opposed to the project. He sited traffic, sewer, and
groundwater issues.
Nellie Kennedy, 4525 Sycamore, stated that she's lived in River Gardens for 50 years. She
stated that she's opposed to the project and that it is unreasonable for Atascadero.
Eric Greening, 6600 Lewis Ave., stated that the Council should be protecting agricultural land.
He urged the Council to continue certification of the EIR for the purpose of drawing up specific
mitigations. He expressed his concern of the increase in railroad use and its affect on this
project.
Gary Gratten, 4465 Sycamore, said that he's concerned about the traffic impact of this project.
He stated that he feels the Council has already decided how they are going to vote but he urged
the Council to consider the traffic carefully. He stressed that he was in agreement to the lot line
adjustment of his property as long as the access road will remain in private ownership
permanently.
John Heatherington 7790 Yesal Ave., stated that he is concerned about the pattern of the Council
to approve all proposed amendments to the General Plan. He expressed his concerns of this
project and said that he is opposed to this project.
Marge Mackey, 5504 Tunitas, stated the PUDs has been abused since she was on the Council.
She expressed her concern with using the natural spring on the site to maintain the lakes.
Dave Mulvey, 5020 Sycamore, expressed his concern with the impacts of this project on water
and sewer. He stated that if the spring is unable to keep the lakes full, will the City be asked to
use the City's well water to fill them. He asked if this project is approved, what will be the effect
on other landowners, the schools, and pedestrian traffic.
Mayor Johnson called for a 10-minute recess.
John McGoff, 9192 Maple St., expressed his concerns with the project. He stated that he is
opposed to the project. Mr. McGoff stated the Council has no obligation to maximize the
developer's profit.
Kathryn Lickers, 4325 Del Rio Road, stated that she was born and raised in Atascadero and is for
progress. However, she is concerned about building so close to the Salinas River as she has seen
this property under water in years past.
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Roy Luebbers, 2865 Ferrocarril Road, expressed his concerns about the increased traffic on
Traffic Way. He said he is concerned about the potential of increased runoff through his
property from this project.
Kent Crow, 4745 Hildago Ave., spoke to the quality of life issue. He stated that his
neighborhood is a special place that he wants to protect. He afraid this project will impact his
neighborhood.
Mike Molina, 7165 Pinal, said that the concept of building clusters of homes is the way of the
future. Builders can't make a living building one house at a time. Also, this developer is not
only offering to donate money and property for youth activities, but he is proposing a well-
designed project.
Geraldine Brasher, 3202 Atascadero Ave., expressed her concern with the potential impacts on
the sewer system and traffic.
Raymond Jansen, 6655 Country Club Drive, said that he's concerned with the apathy of the
public to get involved. He suggested that the Council ask for a "stand up" vote to get a feel for
the audience's viewpoint.
Dennis Moresko, Applicant, addressed the concerns of the public.
Mayor Johnson closed the Public Comment period.
There was Council discussion with the Applicant about possible additional conditions of
approval.
Council Member Luna stated that he would not be able to support this project. He said that the
majority on the Council support economic development but this project is a loser for the City.
Council Member Luna commended Council Member Clay for the job he has done extracting
concessions from the developer as a result of being the swing vote.
Mayor Johnson asked staff how the donation of$250,000.00 to the City can be incorporated into
their votes. Mr. Hanley explained that it could not be a condition but should be a separate
agreement.
Mayor Johnson asked staff to review all the amendments that have been suggested.
Mr. Saldana responded with the following information:
Resolution No. 1999-011 has no changes.
Resolution No. 1999-012 also has no changes.
Ordinance No. 357 will be modified to add under Section 1. Findings:
3. Planned Development Findings:
(a) Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
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(b) Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
(c) Benefits derived from the overlay zone cannot be reasonable achieved through
existing development standards or processing requirements.
(d) Proposed plans, if any, offer certain redeeming features to compensate for
requested modifications.
Resolution No. 1999-013's conditions will be modified as follows:
1. Include the statement of overriding considerations.
2. Eliminate#27.
3. Modify #28 by
a. deleting the sentence, "Scenario A offsite improvements shall be
required if the subdivision is approved with two points of access."
b. Delete in the next sentence, "...if the subdivision is approved..."
c. #28A—delete "...seventy-five feet(Scenario A) or..."
d. #28B — adding "and four foot wide decomposed granite walkway"
after the word feet.
e. #28E—Eliminate.
f. #28F—Eliminate.
g. #28G—Eliminate.
h. #28H—Eliminate.
i. #28N—Delete first sentence.
j. #35 — Replace "...discussed above under condition no. 27." with "as
described in the EIR."
k. #47 —Add to the end, "The private property to be used for emergency
access shall continue to be privately owned and access shall be
controlled and maintained by The Lakes Homeowners' Association."
1. Add "#48. The Applicant shall pay to the City a lump sum fee of
$122,000.00 prior to the commencement of construction of Phase 4 of
the development for road improvement purposes. The funds shall be
used by the City to improve Traffic Way between San Jacinto Ave.
and Chico Ave. to Rural Collector standards or as approved by the
City Engineer."
Mayor Johnson asked that the language be cleaned up in Resolution No. 1999-013 to eliminate
the reference to Scenario A and Scenario B.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to adopt Resolution No. 1999-011 certifying the EIR.
Motion passed 4:0 by a roll-call vote. (Lerno abstained)
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to adopt Resolution No. 1999-012 approving the General Plan
Amendment 97001, changing the land use designation of the site from
Suburban Single Family to Moderate Density Single Family, and
extending the Urban Services Line (USL) to include the site.
Motion passed 3:1 by a roll-call vote. (Luna opposed,Lerno abstained)
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MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to adopt Ordinance No. 357 on first reading by title only,
approving Zone Change 97002, changing the zoning of the site from
Residential Suburban (RS) to Residential Single Family (RSF-Y), and
adopting Planning Development Overlay Zone No. 14.
Motion passed 3:1 by a roll-call vote. (Luna opposed, Lerno abstained)
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to adopt Resolution No. 1999-013, approving Vesting Tentative
Tract Map 97003 based on findings and subject to conditions.
Motion passed 3:1 by a roll-call vote. (Luna opposed, Lerno abstained)
Mayor Johnson asked for a motion to go past 11:00 p.m.
MOTION: By Council Member Luna and seconded by Council Member Clay to
extend the meeting past 11:00 p.m.
Motion passed unanimously by a voice vote.
C. MANAGEMENT REPORTS:
1. Mid-Year Budget Review - Fiscal Impact: The proposed adjustments increase General
Fund Revenues by $378,370 and appropriations by $193,375. Revenues for other funds
are to be increased by $1,713,475 and appropriations by $2035,846 (Staff
recommendation: Council adopt Resolution No. 1999-014 amending the 1998-99 Budget
(Resolution No. 1998-030)) [Rachelle Rickard]
Administrative Services Director Rachelle Rickard gave the staff report and answered questions
of Council.
PUBLIC COMMENT: None
MOTION: By Council Member Luna and seconded by Council Member Lerno to
adopt Resolution No. 1999-014 amending the 1998-99 Budget
(Resolution No. 1998-030).
Motion passed 5:0 by a roll-call vote.
2. City Council 1999 Meeting Schedule - Fiscal Impact: None (Staff recommendation:
Council approve City Council meeting schedule for 1999) [Wade McKinney]
There was Council consensus to approve the meeting schedule for 1999. Also, there was
consensus to include the Parks and Recreation Commission in the Joint Meetings with the
Planning Commission.
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3. Traffic Committee Review - Fiscal Impact: None (Staff recommendation: Council
disband the Traffic Committee) [Wade McKinney]
City Manager Wade McKinney gave the staff report.
Council Member Luna, a member of the committee, stated that he agrees that we should give the
Police Chief an opportunity to implement the Community Policing Program. In the future, if we
feel this is unsuccessful we can continue the Traffic Committee.
Council Member Clay stated that he is concerned that the public will not have a place to vent
their traffic concerns. Mr. McKinney responded that the Police Department will address the
public concerns in regards to traffic.
There was Council consensus to disband the Traffic Committee at this time.
4. Information Bulletin
D. COMMITTEE REPORTS
(The following represent standing committees. Informative status reports will be given,
as felt necessary.):
S.L.O. Council of Governments/S.L.O. Reszional Transit Authority
Mayor Johnson stated that they looked at the unmet needs and will continue to do so annually.
They also reviewed their goals for 1999.
Finance Committee
Council Member Luna stated that they met two weeks ago and discussed Y2K and its possible
effect on City services.
Water Committees
Council Member Clay said that at their last meeting all the County officials were present. As a
result, they discussed County-wide water issues. He stated that they need one more vote from
the Board of Supervisors to get approval for a study of the Paso Robles Aquifer.
Air Pollution Control District
Mayor Pro Tem Arrambide stated they met and discussed the mitigation fees on the Avila Beach
cleanup. Also, there was discussion of constructing monitoring stations in the North County
Basin that would help determine how much of our pollution is imported from the valley.
County Mayor's Round Table
Mayor Johnson stated they discussed relief for cities from State.
Economic Opportunity Commission
Mayor Pro Tem Arrambide announced they will be meeting on February 18`". He stated that they
had met to discuss the need to help the homeless. They hope to meet again next week and come
up with some solutions.
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Clay said the Youth Task Force meets on the first Tuesday at 7:00 a.m. They
are talking about a master plan for youth and they want to establish a Mayor's task force on
youth.
Mayor Johnson stated that he did get a call concerning a traffic issue at Ensenada and Via where
Sycamore runs into that area. He was told that the streetlight blinds oncoming traffic.
Cit, Cle
City Clerk Marcia McClure Torgerson announced that she and Council Member Clay attended
the League of California Cities' Channel Counties dinner meeting last Friday. Able Maldonado
was the guest speaker. He stressed to the audience that he is from local government and he
knows that the State tends to look down on local government. Mr. Maldonado said that being
from local government he respects city officials. He urged all to contact him and other State
officials consistently asking that they address our concerns.
Council Member Clay stated that Assemblyman Maldonado is working with Senator O'Connell
on local issues and he is very receptive to any input that we have. He explained that he got a
youth center in Santa Maria by asking the State for three times what they really needed.
F. ADJOURNMENT:
Mayor Johnson adjourned the Regular Session at 11:45 p.m. to the next regularly scheduled
meeting on February 23, 1999.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Cl4k
Attachments: Attachment A—Complaint Form submitted by Judy Murphy
Attachment B —Prepared statement by Dorothy McNeil
Attachment C—Prepared statement with pictures by Jim McFadden
Attachment D—Letters of support submitted by Dennis Moresko (due to
its size, available in the City Clerk's office)
Attachment E—Prepared statement by Jennifer Hageman
Attachment F - Prepared statement by Joan O'Keefe
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Attachment: A
Atascadero City Council
Meeting Date: 2/23/99
To: The Atascadero City Council
onorable City Council Members
As you are most likely aware, work has begun on Cal Tran's solution to mitigating the noise problem
the Highway 41 Realignment project in Atascadero, is unimaginative,poor engineering,and probably
As residents along Mercedes Avenue,one of the not the most economical approach.
areas along the new route,many of us had struggled
to imagine how it would all look after the tree There are many more suitable and efficacious
removal and the grading was completed. The tree solutions to the noise problem including stepping
removal is now 98%complete with all of the large the wall and installing a contoured berm to make up
oaks removed and only a few of the towering pines a portion of the height needed to provide a real
left to be removed. The effect on the area is worse sound barrier. The berm solution was put forward
than could have been imagined; it is devastating. It by.Cal Trans at some of the previous public forums.
appears that little has been done by Cal Trans to try The berm approach with appropriate landscaping
to work with the existing environment. and steps in the wall would improve the acoustic
effects of the wall and would also go a long way to
Having now been able to witness first hand the removing the"freeway"look of this area.
actual impact of this project,and after attending the
"informational"meeting that Cal Trans held on When the Cal Trans project engineer was asked
January 27`h,there are some design elements that about the berm at the January 27`h public meeting,
were troubling and surprising. he looked puzzled and did not seem to be aware that
it was an option in the EIR. After reviewing the EIR
ro
ost surprising was the "sound wall that will be and noting that it was an option,his reply was that
alled between the area of Cemetery Road and they did have a two-foot berm in another area,that
untry Club Drive. Cal Trans has designed a solid, nothing could be done at this point and in any case
textured concrete wall averaging nine feet in height this public meeting was merely informational.
along this complete length,over one third-mile of
the highway. There are no breaks in this wall with In summary,the design of this wall is objectionable.
the exception of a gully area that prohibits the for the following reasons:
installation of the wall. This structure gives the road
the appearance of a freeway rather than a rural 1. It is not in keeping with the rural
highway. In addition,the continuous nature of the character of the area or our community.
wall limits access for both people and wildlife. 2. The sound attenuating properties are
questionable.
The acoustic benefits of this design are 3. There is no provision for pedestrian,
questionable. The hard continuous surface will not bicyclists,.or wildlife access.
be conducive to attenuating the noise of the
highway; rather it will reflect the sound back into The other major area of concern in this portion of
the opposing hillside creating a sound box effect, the project is that of safety.
much like a tunnel. It will have some beneficial
effect for those on the West Side of the road,but it Along the area between the existing Magnolia
will amplify the noise for those remaining on Pine Street and Country Club Drive there is a number of
Mountain. The fact that the wall is a mere 20 feet remaining residences,many of which have steep
tm the closest lane will insure that the noise will inclined driveways that allow only backing down.
reflected back towards the remaining residences These people will be required to back into the paved
nd reflectedd off the opposing hillside. shoulder of the road to then enter the main lane. The
proposed speed limit along this section of the
highway is 45 mph,which means the actual speed
will be closer to 55 mph. �, fV
In addition to those who have to back down their
drivewa s to access the highway,
y there are other f }
unsafe approaches for those residing along they
route. Short sight distances and the high rate of R
speed increase the probability of serious mishaps ,
along this section of the highway.
If as was put forward at the public meetings,the r ��
major reason for proceeding with this project is to
improve the safety of this route,this goal has been
greatly neglected.
The 45-mph speed limit needs to be reduced in this
area,and other control methods need to be
implemented to insure the safety of those remaining
residents on Mercedes Avenue and the public using : .
this highway.
This project was promoted and approved by our.
City Council. I hope that you will now protect the
interests of the City as a whole and the residents
along the new route that will be directly affected by
this project. Certainly we can't expect the area to be '"
like it was before the project,but there is much that
can be done to make it more appropriate for the '� �
neighborhood and the City. Cal Trans will not
respond to concerns of private citizens without legal
,, '"z"F�'i t �y�,..�' k'�v rw. ti�. Mir r•. n F;Gey.,��~
action,but I believe they will listen to our City
Government. We need your help.
Photos showing trees removed along
Highway 41 Realignment project. Trees range
in diameter from 14"to 50".
Mike Kohle -x }
5345 Mercedes Avenue: ,.
Atascadero = M
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