HomeMy WebLinkAboutMINUTES - 07151986 - 1.63 ;THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTYs CALIFORNIA
AS BOARD OF DIRECTORS, CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT
Adopted this Order on July 15, 1986 , , by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT:
Appointing Officers for the )
Canyon Lakes Geologic Hazard ) RESOLUTION NO. 86/ 405
Abatement District and ) (Pub. Res . C. Sect on 26583
Approving Related Contracts ) et seq. )
The Board of Directors of the Canyon Lakes Geologic
Hazard Abatement District RESOLVES that:
On June 4, 1985, the County Board of Supervisors
adopted Resolution No. 85/289, approving the formation of a
geologic hazard abatement district (CHAD) for the Canyon Lakes
area.
Pursuant to that same resolution, the County Board of
Supervisors was appointed as the initial Board of Directors for
the Canyon Lakes CHAD, for a term not to exceed four .(4 )
years . Pub. Res . C. Section 26583 et seq. require the Board of
Directors to appoint a Treasurer and Clerk of the CHAD. The
Board may appoint other officers and delegate thereto such
powers of the CHAD as may be appropriate in the circumstances.
County staff has recommended that the County Treasurer be
appointed as the first Treasurer for the CHAD and the Clerk of
the Board be appointed as the first Clerk of the CHAD. County
staff has also recommended that the Public Works Department
serve as the initial County staff liaison with the GHAD staff.
In order to operate efficiently, the CHAD must have a
chief executive officer to manage and direct the day-to-day
operations and staff of the CHAD and to perform such other
duties as the Board may from time to time designate. County
staff has recommended that Mr . Richard A. Nystrom be appointed
by the Board as the initial General Manager of the CHAD.
The Public Works Director has recommended the approval
of a Joint Exercise of Powers Agreement between the Canyon
Lakes CHAD and the County providing that Public Works shall
serve as the County staff liaison with the CHAD staff, and
providing for compensation of the County for time and expenses
expended on CHAD matters by County personnel . The Public Works
Director has also recommended the approval of an employment
agreement between the CHAD and Mr . Nystrom, employing him as
General Manager . These agreements have been approved as to
form by County Counsel .
NOW, THEREFORE, THE BOARD OF DIRECTORS HEREBY
RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS:
1. The Board hereby APPOINTS the County Treasurer to
act as the initial Treasurer for the Canyon Lakes CHAD, for a.
term that shall be coterminus with the term of the initial
Board of Directors.
2. The Board hereby APPOINTS the Clerk of the Board
of Supervisors to act as the initial Clerk of the Canyon Lakes
GHAD, for a term that shall be coterminus with the term of the
initial Board of Directors .
3. The Board hereby APPOINTS Mr . Richard A. Nystrom
to act as the initial General Manager of the Canyon Lakes GHAD,
- and ORDERS that the Employment Agreement by and between Mr .
_ Nystrom and the Canyon Lakes GHAD is APPROVED and the Chair of
the Board of Directors is AUTHORIZED to execute said Employment
Agreement on behalf of the Canyon Lakes GHAD.
4 . The Board hereby delegates to the General Manager
of the Canyon Lakes GHAD the following powers of the District:
(a) Managing and directing on a day-to-day basis
the operations and staff of the District; and
(b) In accordance with the procedures approved
by the Board, awarding and executing contracts for District
repair, maintenance and improvement projects and for
professional and support services .
5 . The Board hereby APPROVES the Joint Exercise of
Powers Agreement between the Canyon Lakes GHAD and the County,
providing that the County Public Works Department shall serve
as the County staff liaison with the GHAD staff, and providing
for compensation of the County for time and expenses expended
on -GHAD matters by County personnel , and the Chair of the Board
is hereby AUTHORIZED to execute said Joint Exercise of Powers
Agreement on behalf of the Canyon Lakes GHAD.
I herzb cirtt!y that this 11 a trio and con ec copyof
an gnu'ar.'e::d::,"na minutes of the
Board of Supary::ars on tha date shown.
ATTESTED: `
PHIL DhTC*: - OZ, l;:ic of tl:e Board
Of Saperv:sors and County Administrator
By .D"wly
cc: Public Works
County Counsel
Auditor
McCutchen
/ (�3b
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS BOARD OF DIRECTORS, CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT
Adopted this Order on Jul v 15. 1986 , by the following vote:
AXES: Supervisors Fanden, Schroder, Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT:
Establishing Procedures for )
Awarding of Contracts for ) RESOLUTION NO. 86/ 406
Canyon Lakes GHAD Repair, ) (Pub. Res. C. Section
Maintenance and Improvement ) 26600)
Projects and for Professional )
and Support Services )
The Board of Directors of the Canyon Lakes Geologic
Hazard Abatement District RESOLVES that:
On June 41 1986, the County Board of Supervisors
adopted Resolution No. 85/289 , approving the formation of the
Canyon Lakes Geologic Hazard Abatement District (GRAD) . On
July 15, 1986, the Board of Directors of the Canyon Lakes GRAD
adopted Resolution No. 86/ 405 providing, among other things,
for the appointment of Mr . Richard A. Nystrom as the initial
General Manager of the Canyon Lakes GHAD and approving an
Employment Agreement between the GHAD and the General Manager .
Public Resources Code Section 26600 provides that the
Board of Directors may negotiate improvement contracts or may
award such contracts by competitive bidding pursuant to
procedures approved by the Board. Public Resources Code
Section 26601 provides that GHAD improvement work and all
related activities are deemed to be specific actions necessary
to prevent or mitigate an emergency within the meaning of
CEQA. In order to facilitate the ability of. the Canyon Lakes
GHAD to timely undertake repair , maintenance and improvements
as necessary, it is in the public interest to adopt a set of
procedures for the awarding of contracts for all GHAD repair,
maintenance and improvement projects and for professional and
support services.
NOW, THEREFORE, THE BOARD OF DIRECTORS HEREBY
RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS:
The Board hereby adopts the following procedures for
the awarding of contracts for GHAD repair, maintenance and
improvement projects and for professional and support services:
CANYON LAKES GEOLOGIC ABATEMENT DISTRICT
PROCEDURES FOR AWARDING OF CONTRACTS FOR REPAIR,
MAINTENANCE AND IMPROVEMENT PROJECTS AND
FOR PROFESSIONAL AND SUPPORT SERVICES
I. CONTRACTS FOR REPAIR, MAINTENANCE AND IMPROVEMENT
PROJECTS.
Competitive bidding and contract award procedures for
District repair , maintenance and improvement projects shall be
implemented as follows:
A. Projects with Defined Scope of Work .
When the scope of work for a particular project can be
clearly defined and readily lends itself to the preparation of
specific plans , specifications and bidding documents, and time
- permits, the following procedure shall be implemented:
1 . Potential bidders shall be notified of the
project as follows:
(a) By written notice to trade journals of
general circulation in . the area;
(b) By written notice to local builders'
exchanges; and
(c) By written notice to at least three
contractors licensed in the State of California to do the type
of work being bid.
The written notice shall describe the project in
general terms and how to obtain more detailed information about
the project, and state the time and place for the submission of
bids . All mailing of notices to contractors, construction
trade journals and builders exchanges shall be completed not
less than 15 calendar days before the bids are due . .
2. The Contract shall be awarded and executed
by the General Manager based upon the lowest responsible bid
received as a result of the notification procedure specified in
1 . above.
3. - Prior approval by the District Board of
Directors shall be required for the execution of all contracts
with a value in excess of $20,000.
B. Projects with Undefined Scope of Work .
When the scope of work for a project is undefined and
does not readily lend itself to the preparation of specific
plans and specifications, the following procedure. shall be
implemented:
1. Three or more prequalified bidders shall be
notified, either in writing or orally, and shall meet at the
job site for verbal instructions regarding the project and
submittal of bids .
2. Rental rates, such as Caltrans •standard
rates,' may be used as a basis of such bids, with the markup
for overhead and profit to be included in bid.
3. The contract shall be awarded and executed
by the General Manager based upon the lowest combined rental
rate, including overhead and profit percentage.
4 . Prior approval by the District Board of
Directors shall be required for the execution of all contracts
with a value in excess of $20,000.
C. Failure to Receive Bids .
If no bids are received after a project is bid under
either procedure A or B . above,. the General Manager may either
resolicit bids using procedure A or B above, or may negotiate a
contract for the work.
In the event of a negotiated contract, prior approval
by the District Board of Directors shall be required for the
execution of the contract if the total value is in excess of
$20,000.
D. Exceptions to Standard Contract Bidding and Award
Procedures.
1 . Contracts less than $10,000 -- the General
Manager may accompl sh by negotiation or, at the General
Manager 's discretion, by competitive bidding, improvement
contracts with a value of $10,,000 or less, provided such
contracts are within the District 's budgetary limits.
2. Emergencies -- standard contract bidding and
award procedures shall not apply Where the project is
necessary, in the reasonable judgment of the General Manager,
to prevent or mitigate an emergency. Emergency contracts with
a value in excess of $20,000 shall be ratified by the District
Board of Directors .
For the purpose of these procedures only, the
term 'emergency" shall include, but not be limited to,
conditions or situations actively causing severe damage to
valuable property or conditions or situations highly likely to
cause such damage or personal injury unless cleanup or
mitigation measures are taken immediately.
II . CONTRACTS FOR PROFESSIONAL AND SUPPORT SERVICES.
A. Contracts for Geotechnical/Soils Engineering
Consulting Services.
The General Manager may accomplish by negotiation or,
at the General Manager 's discretion, by Requests for Proposals,
contracts. for geotechnical/soils engineering services. Prior
approval by the District Board of Directors shall be required
for all such contracts with a value in excess of $5,000.
B. Contracts for Other Professional and Support
Services.
The General Manager may accomplish by negotiation or,
at the General Manager 's discretion, by Requests for Proposals,
contracts for other professional services (e.g. , legal,
accounting, insurance) and for support services (e.g. , office
space, office equipment, office staff and vehicles) . Approval
by the District Board of Directors shall not be required for
such contracts, provided such contracts are within the
District 's budgetary limits for such items.
I hereby ceriffy that this Is a true and oornect oopycf
an actlon I&Ven and entcrd an the minutes of On
f;oard of Supervisors on the date shown.
ATTESTED: !�. -L, Is . /9 'k G
FEEL BATC LO -.I,:k of Um Board
CC: Public Works of Supervisors and County Administrator
County Counsel
Auditor
McCutchen By .Deputy
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS BOARD OF DIRECTORS, CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT
Adopted this Order on July 15, 1986 by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT:
Approving Canyon Lakes GHAD Budget )
for 1986-1987 Fiscal Year and ) RESOLUTION NO. 86/ 407
Approving GRAD Repair, ) (Pub. Res. C. Section
Maintenance and Improvement ) 26500 et seq. )
Program _)
The Board of Directors of the Canyon Lakes Geologic
Hazard Abatement District RESOLVES that:
On June 4 , 1985, the County Board of Supervisors
adopted Resolution No. 85/289, approving the formation of a
geologic hazard abatement district (GRAD) for the Canyon Lakes
area and appointing .the Board of Supervisors as the initial
Board of Directors of the GRAD.
On July 15, 1986, the Board of Directors adopted
Resolution No. 86/ 405 , appointing officers for the GRAD and
approving related contracts.
On July 15, 1986, the Board of Directors adopted
Resolution No. 86/406 establishing procedures for awarding of
contracts for GHAD repair, maintenance and improvement projects
and for professional and support services .
In order for the GHAD to proceed to efficiently
implement the GHAD plan of control and to undertake repair,
maintenance and improvement projects and related operations , it
is necessary to approve an annual budget and a repair,
maintenance and improvement program.
NOW, THEREFORE, THE BOARD OF DIRECTORS HEREBY
RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS:
1 . The Board hereby APPROVES the GHAD budget for the
1986-1987 fiscal year , which budget is attached hereto as
Exhibit A and incorporated herein by this reference.
1. The Board hereby APPROVES the GHAD Repair,
Maintenance and Improvement Program, which program is attached
hereto as Exhibit B and incorporated herein by this reference.
1 hereby certify that this is a true and correct copy W
an action taken and entered on 1.'b minutes of the
cc• Public Works Board of Supervisors on the date shown.
County Counsel ATTESTED: `r
Auditor PHIL BATC LORA Jerk of the Board
McCutchen of Superviso and County Administrator
By ,DwAy
EXHIBIT A
CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT
PROJECTED BUDGET
1986 - 1987 FISCAL YEAR
A. Projected Income
Assessment: Per unit rate based upon
type of use as follows:
Single Family Detached 101 .22 per unit per annum
Townhouses 67 .80 per unit per annum
Condominiums/Rentals 50 .62 per unit per annum
Commercial 0.05 per square foot per
annum
Annual Income: 571 Single Family
Detached x $101 .22 = 57 ,797
848 Townhouses x $67 .80 57,494
2365 Condominiums/
Rentals x $50.62 = $119,716
100,000 square feet
Commercial x $0 .05 = $ 51000
TOTAL $240,000 1
B. Projected Expenses
1 . General Manager $ 25 ,000
2. Engineering geologist and
geological assistant 30,000
3. Support services (e.g. ,
office space, office
equipment, office staff 2
and vehicles ) -
4 . Repair, maintenance and
improvements (as per approved
Repair , Maintenance and
Improvement Program) . 70,000
5. Legal , accounting and insurance 16,000
6. County staff services IO,OQO
7 . Debt service (interest ) 6,000 3
8. Reserve 83,000
TOTAL $240,000
IThis total has been rounded off from $240,007 .
2Included in line items I and 2.
3Since the income from the first GHAD assessment will not be
received for a considerable period of time after commencement
of GHAD operations , it will most likely be necessary for the
GHAD to borrow funds for its start-up expenses . This borrowing
is authorized by Pub. Res . C. S 26591 et seq. The amount shown
in item 7 assumes such a loan in the estimated principal amount
of $60,000, payable within approximately one year, with
interest at the rate of approximately 10% per annum.
:h
C
EXHIBIT B
REPAIR, MAINTENANCE AND IMPROVEMENT PROGRAM
A. On a periodic basis during each year , the District will
perform the following:
1 . Monitoring and maintenance of the following items:
(a ) interceptor ditches
(b) piezometers and hydraugers
(c) survey points and benchmarks
(d) subdrains
2 . Mitigation measures
(a) sandbagging
(b) hydroseeding
3. Other itmes included within District Plan of Control
B. During each year, the District will perform repair and
improvement projects as and when necessary, within
budgetary limits .
f
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1.43
.THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
., AS BOARD OF DIRECTORS, CANYON LAKES GEOLOGIC HAZARD ABATE?4ENT DISTRICT
J u 1 y 115, 1986 by the following vote:
Adopted this Order on 0
AYES: Supervisors Fanden, Schroder, Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT:
Resolution of Intention to )
Approve Assessment within ) RESOLUTION NO. 86/ 40_
Canyon Lakes Geologic Hazard ) (Pub. Res. C. Section 26651 )
Abatement District )
The Board of Directors of the Canyon Lakes Geologic
Hazard Abatement District RESOLVES that:
On June 4 , 1985 , the County Board of Supervisors
adopted Resolution No. 85/289, approving the formation of a
geologic hazard abatement district (GHAD) .for the Canyon Lakes
area and appointing the Board of Supervisors as the initial
Board of Directors for the GHAD.
In order to defray the costs and expenses of
maintaining and operating GHAD improvements, it will be
necessary to provide for a reliable source of GHAD funding.
Pub. Res. C. Sections 26650 et seq. authorize, after a
noticed public hearing, the levy and collection of an
assessment upon benefited property within the GHAD to pay for
the maintenance and operation of GHAD improvements.
Attached hereto as Exhibit A is a report prepared by
the General Manager of the GHAD which sets forth the estimated
budget for the 1986-1987 fiscal year, the proposed estimated
assessments to be levied each fiscal year against each parcel
of property within the District, and a description of the
method used in formulating the estimated assessments . The
Board of Directors has reviewed and considered said report.
NOW, THEREFORE, THE BOARD OF DIRECTORS HEREBY
RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS:
1 . The Board hereby declares its intention to order
that . the costs and expenses of maintaining and operating the
GHAD improvements shall be assessed against the property within
the District benefited thereby.
2. The Board hereby further declares its intention
to assess against the property within the District, for the
1986-1987 fiscal year and for subsequent fiscal years, all or
part of such amounts as set forth in Exhibit A.
3: The Board hereby fixes July 29, 19860 at
10: 30 a.m. in the Chambers of the Board of Supervisors in the
County Administration Building located at 651 Pine Street,
Martinez , CA 94553 as the time and place for the hearing of
protests to the. proposed assessment.
4 . The Board hereby directs the Clerk of the Board
to mail notice of said hearing pursuant to the provisions of
Pub. Res. C. Section 26652.
5. The Board hereby . designates Mr. Richard A.
Nystrom, General Manager of the GHAD, telephone (415 ) 935-80771
as the person to answer inquiries r e g tam91AthaRE19RUWandcorrectCOPY of
assessment.
an action taken and entered on the rolautQe of the
cc: Public Works 00ard of Supervisors on lice date shonm.
County Counsel ATTESTED: /so /y�G
Auditor PHIL BAT EL , Cle:k of the Board
McCutchen of Supervisois and County Administrator
REPORT BY GENERAL MANAGER
OF CANYON LAKES GEOLOGIC HAZARD
ABATEMENT DISTRICT
The undersigned. General Manager of the Canyon Lakes Geologic Hazard
Abatement District (GRAD) has prepared this report pursuant to State
Public Resources Code Section 26651 . It sets forth the GRAD estimated
budget for the 1986-1987 fiscal year., (part I) , the proposed estimated
assessments to be levied each fiscal year against each parcel of
property within the District (part II) , and a description of the method
used in formulating the estimated assessments (part III) .
It is proposed that all or part of the amounts set forth in part II
will be assessed against the property within the District for the 1986-
1987 fiscal year and for subsequent fiscal years.
Richard A. Kystrchd.
General Manager
Canyon Lakes Geologic Hazard
Abatement District
I.
CANYON LAKES GEOLOGIC BAtARD ABATEMENT DISTRICT
PROJECTED BU'DGE'T
1986 - 1987 FISCAL YEAR
A. projected Income
Assessment: per unit rate based upon
type of use as follows:
Single Family Detached 101 .22 per unit per annum
Townhouses 67.80 per unit per annum
Condominiums/Rentals 50.62 per unit per annum
Commercial 0.05 per square foot per
annum
Annual Income : 571 Single Family
Detached t $101 .22 57,797
848 Townhouses x $67.60 • 57,494
2365 Condominiums,/
Rentals x #50.62 #119,716
100,000 square feet
Commercial s $0.05 $ 5,000
TOTAL $240,000 1
B. Projected Expenses
1. General Manager $ 25,000
2. Engineering geologist and
geological assistant 30,000
3. Support services (e.g. ,
office space, office
equipment, office staff
and vehicles ) - 2
4. Repair, maintenance and
improvements (as per approved
Repair, Maintenance and
Improvement Program) . 70,000
5. Legal, accounting and insurance 16,000
6. County staff services 200090
7. Debt service (interest) 6,000 3
S. Reserve 83,000
TOTAL $2401,000
1Thi8 total has been rounded off from #240,007.
2Inc2uded in line items 1 and 2.
3Since the income from the first GRAD assessment will not be
received for a considerable period of time after commencement
Of CHAD operations, it will most likely be necessary for the
CHAD to borrow funds for its start-up expenses. This borrowing
is authorized by Pub. Res. C. f 26591 et seq. The amount shown
in item 7 assumes such a loan in the estimated principal amount
of #60,000, payable within approximately one year, with
Interest at the rate of approximately .10% per annum.
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III ..
CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT
METHOD USED IN FORMULATING ASSESSMENTS
The assesments set forth in part II above were formulated on the basis
of relative land use and population densities and relative unit sizes.
The types of land uses shown reflect those land uses approved by the
County for the Canyon Lakes project . The amounts of the assessments on
particular types of units decrease as the land use density increases
and as the per unit population density and unit size decrease. The
"single family detached" unit (representing the relatively lowest land
use density, highest per unit population density and largest size per
unit ) was chosen as the basis for comparison. Therefore, the
allocation of assessments among the different types of land uses is as
follows:
1 . Single family detached units t 100% allocation
2 . Townhouse units t 67% allocation
3. Condominiums/Rental Units t 50% allocation
4 . Commercial ( 100,000 sq. ft. units) t 50% allocation
For purposes of the foregoing allocations, it was assumed that each
condominium/rental unit constitutes approximately 1 ,000 square feet of
habitable space. Since rental commercial space is an analogous use to
condominium/rental units, each one thousand square feet of commercial
space was given the same (50%) allocation as a condominium/rental unit.
The total budget of $240 , 000 was then apportioned among the total
number of residential and commercial units (3,784 residential plus
200 , 000 square feet commercial ) , in accordance with the allocation
percentages set forth above, to yield the per unit assessments (as
detailed on the attached . "Assessment: Allocation Calculation" sheet) .
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