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HomeMy WebLinkAbout2009/06/17 - Agenda Packet,~ ~ a^~ ! . 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL REGULAR MEETINGS 1St and 3~d Wednesdays 4 7:00 P.M. JUNE 17, 2009 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. L. Dennis Michael Rex Gutierrez Sam Spagnolo Diane Williams CITY MANAGER CITY ATTORNEY CITY CLERK Jack Lam, AICP James L. Markman Janice C. Reynolds ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ........................ 7:00 P.M. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JUNE 17, 2009 A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER - TAPIA ROOM 1. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND THE CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) l' D1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, City, Fire D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY OWNED BY STERLING SAVINGS BANK, LOCATED AT 8462, 8410 AND 8318 FOOTHILL BOULEVARD AND 8345 RED HILL COUNTRY CLUB DRIVE, IDENTIFIED AS ASSESSOR PARCEL NUMBERS: 0207-101- 13, 0207-101-31, 0207-101-34 AND 0207-101-41; NEGOTIATING PARTIES: DESIGNATED REPRESENTATIVE FOR PROPERTY OWNER AND MARK A. STEUER, DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER, AND CURT BILLINGS, ASSOCIATE CIVIL ENGINEER, FOR THE CITY OF RANCHO CUCAMONGA, REGARDING PRICE -CITY D3. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -DAVID SCHEU V. CITY OF RANCHO CUCAMONGA, CLAIM NO. 28/29-027 -City (continued on page 2) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 2 JUNE 17, 2009 jZArrcHo CUCAMONGA D4. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - ZELLAR V. CITY OF RANCHO CUCAMONGA, CLAIM NO. 27/28-015 -City D5. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A} - WILLIAMS V. CITY OF RANCHO CUCAMONGA, CASE NO. CIVRS805222 -City ~~ E. CITY MANAGER ANNOUNCEMENTS ~~ CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JUNE 17, 2009 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Kurth H. Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams H1. Announcement of the Fire District's "No Fireworks" Campaign. H2. Presentation of Certificates to donors and sponsors of the "Ron Ives Bicycle Safety Rodeo." H3. Announcement of the 2009/2010 Season of Performances for the Lewis Family Playhouse at the Victoria Gardens Cultural Center. ~~ I. PUBLIC COMMUNICATIONS III This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from addressing any issue not previously included on the Agenda. The Agency, Fire Board, or City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Board or City Council, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. 3 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 4 JUNE 17, 2009 RANCHO _ _ CUCAMONGA J. CONSENT CALENDAR -REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. J1. Approval of Minutes: June 3, 2009 (Regular Meeting) June 4, 2009 (Special Meeting -Proposed Budgets FY 2009/10) J2. Approval of Check Register dated May 27 through June 9, 2009, for the total amount of $857,413.87. J3. Approval to receive and file current Investment Schedule as of May 31, 2009 J4. Approval for the purchase of sixty-five (65) sets of Fire Turn-Out Gear, each set to include: one (1) turn-out pant, one (1) turn-out coat, one (1) chest strap, one (1) patch and one (1) suspender, from Fisher Scientific Co., LLC, as per Request for Quote ("RFO") #111923 and in accordance with the Houston Galveston Area Council ("HGAC") Buy Interlocal Contract for Cooperative Purchasing (#EP11-06) and authorize the expenditure of $107,303.63, to be funded from Acct. No. 2505801-5207 (Operations & Maintenance/Capital Supplies). J5. Approval to accept the bids received and award an authorize the execution of the contract in the amount of $126,156.00 to the apparent low bidder, California Professional Engineering, Inc. (RA 09009}, and authorize the expenditure of a 10% contingency in the amount of $12,615.60 for the Foothill Boulevard Median Lighting Project, to be funded from 2004 Tax Allocation Bonds fund, Acct. No. 2660801-5650-1353660-0. 20 21 J6. Approval to award and execution of Professional Services Agreement to RGS Engineering 26 Geology (RA 09-010) for grading control and compaction testing services for the Demens Basin Fill Project, to be funded from Acct. No. 2502801-5650/1694502-0 (Fund 502 -RDA Regional Facilities) for the amount of $96,922 ($88,122 plus contingency of $8,800). J7. Approval to accept bids received and award and authorize the execution of the contract in ', 28 the amount of $495,730 to the apparent low bidder, Sukut Construction, lnc. (RA 09-011), and authorize the expenditure of a 10% contingency in the amount of $49,573 for the Demens Basin Fill Project, to be funded from RDA Regional Facilities Fund, Acct. No. 2502801-5650/1694502-0. The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board atone time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: June 3, 2009 (Regular Meeting) June 4, 2009 (Special Meeting -Proposed Budgets FY 2009/10) K2. Approval of Check Register dated May 27 through June 9, 2009, for the total amount of 38 $304,198.61. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT A CITY COUNCIL AGENDA JUNE 17, 2009 K3. Approval to receive and file current Investment Schedule as of May 31, 2009. ~ 42 ~~ L. CONSENT CALENDAR -CITY COUNCiL ~~ The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. L1. Approval of Minutes: June 3, 2009 (Regular Meeting) June 4, 2009 (Special Meeting -Proposed Budgets FY 2009110) L2 Approval of Check Register dated May 27 through June 9, 2009, and payroll ending June 9, 2009, for the total amount of $4,882,321.87. L3. Approval to receive and file current Investment Schedule as of May 31, 2009. L4. Approval of a resolution of the City Council of the City of Rancho Cucamonga, adopting the amended Local Measure "I" 2008/2010 Capital Improvement Program for Expenditure of Measure "I" Funds. RESOLUTION NO. 09-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED LOCAL MEASURE "I" 2008/2010 CAPITAL IMPROVEMENT PROGRAM FOR EXPENDITURE OF MEASURE "I" FUNDS L5. Approval to accept grant revenue in the amount of $42,797 from the United States Department of Justice 2009/10 Edward Byrne Memorial Justice Assistance Grant (JAG) (CO 09-231 - Inferloca! Agreement), and approval of the County of San Bernardino Law and Justice Group to serve as the fiscal agentJgrant administrator for a fee of five percent ($2,140). 47 81 91 92 96 L6. Approval to endorse Councilmember Spagnolo's participation on the DeVry University 98 College of Business and Management's Industry Advisory Council. L7. Approval of a Resolution adopting a Memorandum of Understanding (CO 09-232) between gg the City of Rancho Cucamonga and the San Bernardino Public Employees Association for Fiscal Year 2009-10. RESOLUTION NO. 09-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-10 100 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND 6 CITY COUNCIL AGENDA JUNE 17, 2009 N H RA C O CUCAMONGA L8. Approval to authorize an increase to Contract No. 08-071 in the amount of $100,000 to ~ 114 Hillcrest Contracting, and approve a Contract Change Order for the construction of the Foothill Boulevard/1-15 Southbound On-Ramp Widening Project, to be funded from Transportation Development Fees, Acct. No. 1124303-5650/1513124-0. L9. Approval to authorize an increase to Contract No. CO OS-072 in the amount of $80,000 to 116 Hillcrest Contracting, and approve a Contract Change Order, for the construction of the Base Line Road/1-15 Southbound On-Ramp Widening Project to be funded from Transportation Development Fees, Account No. 1 1 24303565011 51 1 1 24-0. L10. Approval to accept the bids received and award and authorize the execution of the contract 118 in the amount of $312,192 to the apparent low bidder, A!I American Asphalt (CO 09-233), and authorize the expenditure of a 10% contingency in the amount of $31,219.20 for the Base Line Road Pavement Rehabilitation from Hellman Avenue to Ramona Avenue, to be funded from Prop 1 B Funds, Acct. No. 1194303-5650/1691194-0. L11. Approval to accept the bids received and award and authorize the execution of the contract 123 in the amount of $304,632.50 to the apparent low bidder, AI! American Asphalt (CO 09- 234), and authorize the expenditure of a 10% contingency in the amount of $30,463.25 for the Vineyard Avenue Pavement Rehabilitation from 8"' Street to Foothill Boulevard, to be funded from Prop 1 B Funds, Acct. No. 1194303-5650/1680194-0. L12. Approval to accept the bids received and award and authorize the execution of the contract 128 in the amount of $95,600.30 to the apparent low bidder, Crimson Marie Company (CO 09- 235), and authorize the expenditure of a 10% contingency in the amount of $9,860.03 for the Heritage Park, Bull Pen project, to be funded from PD85 Redemption Fund, Acct. No. 1848303-565011606848-0 and appropriate $53,000 to Acct. No. 1848303-5650/1606848-0 from PD85 Redemption fund balance. L13. Approval of a Resolution renewing the Professional Services Agreements with Krazan & 133 Associates, Inc., Ninyo & Moore, Leighton Consulting, Inc., and Salem Group, for annual soils and materials testing services for FY 2009/2010, for proposed Capital Improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2009/2010 Budget. RESOLUTION NO. 09-129 135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH KRAZAN & ASSOCIATES, INC., NINYO & MOORE, LEIGHTON CONSULTING, INC., AND SALEM GROUP FOR ANNUAL SOILS AND MATERIALS TESTING SERVICES FOR FY 2009/2010 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY L14. Approval of a Resolution renewing the Professional Services Agreements with Dan Guerra 169 & Associates, Dawson Surveying, Inc., LEH & Associates, Hall & Foreman, Inc., and Base i Line Surveying, lnc., for annual survey services for FY 2009/2010 for proposed Capital Improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2009/2010 Budget. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JUNE 17, 2009 RESOLUTION NO. 09-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH DAN GUERRA & ASSOCIATES, DAWSON SURVEYING, INC., LEH & ASSOCIATES, HALL & FOREMAN, INC. AND BASELINE SURVEYING, INC., FOR ANNUAL SURVEY SERVICES FOR FY 2009/2010 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY 171 L15. Approval to accept the bids received and award and authorize the execution of the contract 177 in the amount of $379,972.60 to the apparent low bidder, Peterson Chase General Engineering Construction, Inc. (CO 09-236), and authorize the expenditure of a 10% contingency in the amount of $37,997.26, for the Citywide Bridge Deck Maintenance, to be funded from Acct. No. 1 1 1 2303-5650/1 5421 1 2-0 (Drainage Fac/General). L16. Approval to accept the bids received and award and authorize the execution of the contract 179 in the amount of $60,298.06 to the apparent low bidder, Prestige Striping Services, lnc. (CO 09-237), and authorize the expenditure of a 10% contingency in the amount of $6,029.81 for the Citywide Street Name Sign Replacement - FY 08/09, to be funded from Capital Reserve, Acct. No. 1025001-5300. L17. Approval to release the Maintenance Guarantee Bond for DRC2005-00683 and DRC2006- 181 00005, located at the cul-de-sac terminus of Hyssop Drive, north of 6"' Street, submitted by Hyssop Rancho Cucamonga Properties, LLC. L18. Approval to release the Maintenance Guarantee Bond for Parcel Map 17303 (Storm Drain), 183 located at the northwest corner of 4"' Street and Haven Avenue, submitted by TPRF/THC Havenpark, LLC. L19. Approval to release the Maintenance Guarantee Bond for Parcel Map 17303 (Street 185 Improvements), located at the northwest corner of 4"' Street and Haven Avenue, submitted by TPRF/THC Havenpark, LLC. L20. Approval to accept landscape improvements for Tract 16592 located on the north side of 187 Hillside Road, west of Archibald Avenue, submitted by Toll Brothers, Inc. L21. Approval to release the Faithful Performance Bond No. 7592953 retained in lieu of a 189 Maintenance Guarantee Bond, in the amount of $182,650.00, for the Baker Avenue Grade Crossing, north of 8`" Street project, Contract No. 07-089. L22. Approval to accept the Garcia Park Construction Project, Contract No. OS-016 from C.S. 191 Legacy Construction, Inc., as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $1,934,469.00. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JUNE 17, 2009 RESOLUTION NO. 09-131 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE GARCIA PARK IMPROVEMENT PROJECT, CONTRACT NO. 08-016, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L23. Approval to accept the West Beryl Park Sport Light Wire Replacement Project, Contract No. 09-004 as complete, retain the Faithful Performance Bond as a Maintenance Guarantee Bond, release the Labor and Materials Bond, and authorize the Interim Public Works Director to file a Notice of Completion and approve the final contract amount of $65,189.46. RESOLUTION NO. 09-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. The Agency, Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by an Agencymember, Boardmember, or Councilmember. M1. ORDINANCE NO. FD 48 {second reading} AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 I 194 195 197 198 199 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JUNE 17, 2009 ,RANCHO N. ADVERTISED PUBLIC HEARINGS ~~ 9 The following items have been advertised andlor posted as public hearings as required by law. The President will open the meeting to receive public testimony. N1. CONSIDERATION OF ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ALTA LOMA ANIMAL HOSPITAL - APN: 0202-161-10. 11 & 20 -ANNEXATION NO. 09-4) TO AN EXISTING COMMUNITY FACILITIES DISTRICT. CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. FD 09-033 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 09-4) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY O. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised andlor posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 01. PROPOSED. RESOLUTION NO. 09-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAM AND THE ASSESSMENT AND PROVIDING FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT NUMBER PD-85 FOR FISCAL YEAR 2009/2010 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 203 205 212 214 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND jZANCxo j C;UCAMONGA 02. CITY COUNCIL AGENDA JUNE 17, 2009 RESOLUTION NO. 09-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND THE ASSESSMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NUMBERS 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2009/2010 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 03. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND THE ASSESSMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NUMBERS 1, 2, 3A, 36,4, 5, 6, 7, 8, 9, AND 10 FOR THE FISCAL YEAR 2009/2010 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 The following items have no legal publication or posting requirements. P1. REPORT ON CHAFFEY COLLEGE PARKING IMPACTS ON ADJACENT P2. NEIGHBORHOOD CLEAN-UP PRESENTATION (Oral Report) 10 226 228 343 346 524 P3. RATE IS PROPOSED. RESOLUTION NO. 09-135 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JUNE 17, 2009 COUNCIL BUSINESS The following items have been requested by the City Council for discussion. Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) ~~ R. IDENTIFICATION OF ITEMS FOR NEXT MEETING ~~ 11 I, Debra L. McKay, Assistant City Clerk/Records Manager of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 11, 2009, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. June 3, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session on Wednesday, June 3, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Chairman/President/Mayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant. City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Redevelopment Agency Director. .:... B. ANNOUNCEMENT OF CLOSED SESSION ITEM S Chairman/President/Mayor Donald J. Kurth announced the closed session items: D1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, City, Fire D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF 9TH STREET AND MADRONE AVENUE LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY-RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSIONjj Closed session began at 5:30 p.m. ...... E. CITY MANAGER ANNOUNCEIVI~ENTS No announcements were made. F. RECESS s The closed session adjourned at 6:45 p.m. with no action taken. ..... Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 2 of 19 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS !, The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the meeting to order at 7:04 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice PresidentlMayor Pro Tem L. Dennis Michael and Chairman/President/Mayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, Redevelopment Agency Director; James Troyer, Planning Director; Trang Huynh, Building and Safety Official; Mark Steuer, Director of Engineering Services; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. ...,« H. ANNOUNCEMENTS/PRESENTATIONS H1. Recognition of Cindy Friend - 2009 Outstanding School Crossing Guard of the Year for the City of Rancho Cucamonga. Mayor Kurth presented a Proclamation to Cindy Friend in recognition of her selection as the 2009 outstanding school crossing guard of the year. H2. Announcement by the Rancho Cucamonga Police Department regarding the 2009 Special Olympic Torch Run scheduled for June 10, 2009. Lisa Henley, Sheriffs Service Specialist, announced the upcoming Olympic Torch Run, to be held on June 10, 2009. w ...r• L PUBLIC COMMUNICATIONS 11. Jane Bradshaw thanked Councilmember Gutierrez for his support during the construction of the 210 Freeway. 12. Ed Dietl thanked the City Council for supporting Historical Preservation and for obtaining Historic Landmark status for the Padre Winery. He announced an upcoming Father's Day celebration on June 19, 2009 at 7:30 p.m. 13. Jerie Lee stressed that people were innocent until proven guilty and asked everyone to work together for the good of the community. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 3 of 19 14. Jim Moffatt indicated that veterans were invited to the Rancho Cucamonga High School and congratulated the students and teachers who participated in the program. He requested that the meeting be adjourned in honor of our veterans. 15. Dana Hudrlik noted that Rancho Cucamonga was a great place to live and raise a family. She urged the City Council to stop throwing mud and to get back to the business of governing the City. 16. Sergio Martinez referenced the situation with the lack of access to a homeowner's utilities. He indicated that progress has been made and requested that the matter be placed on the next agenda. 17. Robert Santa Cruz thanked the City Council for resolving the Hererra matter and spoke in support of Councilmember Gutierrez. 18. John Lyons addressed yesterday's joint meeting with the Cucamonga Valley Water District. He suggested a joint venture with Chaffey College whereby residents could be informed about drought tolerant landscaping. He also cautioned everyone about drinking and driving. 19. Mary Murphy spoke in support of Councilmember Gutierrez and urged the City Council to work together. 110. Dee Matreyek announced the first planning meeting for Rancho Cucamonga's Community Garden project. The meeting will be held tomorrow night at 7:00 p.m. in the west room at the Lions Center. She requested for the City Council's support of Item L23. ...«.. J. CONSENT CALENDAR-REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. J1. Approval of Minutes: May 20, 2009 (Regular Meeting) J2. Approval of Check Register dated May 13 through May 26, 2009, for the total amount of $39,711.03. - J3. Approval of a Resolution Changing the Time of Closed Session RESOLUTION NO. RA 09-010 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA DETERMINING THE DAYS, TIME AND PLACE OF REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY J4. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $452,450.00 to the apparent low bidder, Howard Ridley Company, Inc. (RA 09-008), and authorize the expenditure of a 10% contingency in the amount of $45,245.00 far the Civic Center Planter and Parking Structure Waterproofing, to be funded from Civic Center Reserve Funds, Acct. No. 2624801-5650/1705624-0 and appropriate $50,000.00 to Acct. No. 2624801-5650/1705624-0 from Civic Center Reserve Fund Balance. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 4 of 19 J5. Approval of a budget appropriation for the amount of $28,686,100 to be funded from Acct. No. 2620801-5620/0-1250 pursuant to a loan agreement between the Rancho Cucamonga Redevelopment Agency and Northtown Housing Development Corporation for the construction of San Sevaine Villas. -Removed from the Agenda. MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the remaining staff reports contained within the Consent Calendar. Motion carried 5-0. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: May 20, 2009 (Regular Meeting) K2. Approval of Check Register dated May 13 through May 26, 2009, for the total amount of $69,446.34. K3. Approval to adopt an annexation map showing Assessor Parcel Number 0229-041-10, (San Sevaine Villas), located on the southwest corner of Foothill Blvd., and Hickory Ave. (vacated), proposed to be annexed into CFD 85-1. RESOLUTION NO. FD 09-020. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 09-5) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K4. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 09-5 (APN: 0229-041-10, San Sevaine Villas), into Community Facilities District No. 85-1, specifying services provided, to set and specify the special taxes to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 09-021 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 09-5) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K5. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 09-3 (Norwalk Blvd. Baptist Church -APN 1100-051-03) Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 5 of 19 RESOLUTION NO. FD 09-022 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 09-3 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K6. Approval of a Resolution Changing the Time of Closed Session RESOLUTION NO. FD 09-023 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DETERMINING THE DAYS, TIME AND PLACE OF REGULAR MEETINGS OF THE BOARD OF DIRECTORS MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. •k*ts• L. CONSENT CALENDAR-CITY COUNCIL The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. Mayor Kurth removed Item L23 for discussion. Councilmember Gutierrez stated his abstention from voting on Item L15 and removed Item L24 for discussion. L1. Approval of Minutes: May 20, 2009 (Regular Meeting) L2. Approval of Check Register dated May 13 through May 26, 2009, and payroll ending May 26, 2009, for the total amount of $3,840,810.80. L3. Approval to award the purchase of one (1) lot of IBM computer server equipment with maintenance from IBM Corporation, utilizing Western States Contracting Alliance (WSCA) contract number A63311, in the total amount of $61,949, to be funded as follows: $42,663 from Acct. No. 1714001-5215 (Computer Equipment/Technical Replacement Fund- O&M/Computer Equipment); $4,959 from Acct. No. 1714001-5300 (Contract Services); and $14,327 from Acct. No. 1714001-5605 (Capital Outlay-Computer Equipment). L4. Approval of a Resolution approving submittal of the funding request to the Department of Conservation, Division of Recycling for Beverage Container Recycling and Litter Reduction Activities. RESOLUTION NO. 09-091 Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 6 of 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SUBMITTAL OF THE FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING FOR BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES L5. Approval of Resolutions to accept the preliminary Engineer's Reports and announcing the City Council's intention to collect annual assessments within Street Lighting Maintenance District Nos. 1, 2, 3, 4 5, 6, 7 and 8 for Fiscal Year 2009/10. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. RESOLUTION NO. 09-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2009/10 RESOLUTION NO. 09-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2009/10, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND ANNOUNCING A TIME AND PLACE FOR A PUBLIC HEARING L6. Approval of Resolutions to accept the Preliminary Engineer's Reports and announcing the City Council's intention to collect annual assessments within landscape Maintenance District Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 and 10 for Fiscal Year 2009/10. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. RESOLUTION NO. 09-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S REPORTS FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 36, 4, 5, 6, 7, 8, 9 AND 10 FOR FISCAL YEAR 2009/10 RESOLUTION NO. 09-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 38, 4, 5, 6, 7, 8, 9 AND 10 FOR FISCAL YEAR 2009/10, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND ANNOUNCING A TIME AND PLACE FOR A PUBLIC HEARING L7. Approval of Resolutions to accept the Preliminary Engineer's Reports and announcing the City Council's intention to collect annual assessments within Park and Recreation Improvement District No: PD-85 for Fiscal Year 2009/10. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 7 of 19 RESOLUTION NO. 09-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR .APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2009/10 RESOLUTION NO. 09-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR THE FISCAL YEAR 2009/10, PURSUANT TO THE LANDSCAPING AND LfGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THEREFO L8. Approval of PUBLIC CONVENIENCE OR NECESSITY DRC2009-00334 - 7-ELEVEN, INC: A request for a Public Convenience or Necessity determination for a Type 20 Off- Sale Beer and Wine License for a proposed market to be located in an existing commercial center at the northwest corner of Milliken Avenue and 4th Street in the Mixed Use Residential (MUR) District, Subarea 18, located at 9638 Milliken Avenue -APN: 0210-581-04. Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301. RESOLUTION NO. 09-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A PROPOSED MARKET TO BE LOCATED IN AN EXISTING COMMERCIAL CENTER AT THE NORTHWEST CORNER OF MILLIKEN AVENUE AND 4T" STREET IN THE MIXED USE RESIDENTIAL (MUR) DISTRICT, SUBAREA 18, LOCATED AT 9638 MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0210-581-04. L9. PUBLIC CONVENIENCE OR NECESSITY - DRC2009-00391 -Total Wine & More - A request for a Public Convenience or Necessity determination for a beer, wine and distilled spirits retailer which is seeking approval of both a Type 21 Off-Sale General and a Type 42 On-Sale Beer and Wine for Public Premises alcohol license for a site located within the Foothill Crossing commercial center on the east side of Day Creek Boulevard and south of Foothill Boulevard at 8201 Day Creek Boulevard in the Regionally Related Office/Commercial District (RRO/C) - APN:0229-021-78. Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301. RESOLUTION NO. 09-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A BEER, WINE AND DISTILLED SPIRITS RETAILER FOR THE ISSUANCE OF A TYPE 21 OFF-SALE GENERAL ABC LICENSE AND A TYPE 42 ON-SALE BEER AND WINE PUBLIC PREMISES ABC LICENSE FOR A SITE LOCATED WITHIN THE FOOTHILL CROSSING COMMERCIAL CENTER ON THE EAST SIDE OF DAY CREEK BOULEVARD AND SOUTH OF FOOTHILL BOULEVARD, LOCATED AT 8201 DAY CREEK BOULEVARD IN THE REGIONALLY RELATED OFFICE/COMMERCIAL DISTRICT (RRO/C) -APN: 0229-021-78 Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 8 of 19 L10. Approval of a recommendation from the Park and Recreation Commission to approve a light variance requested for the Minor, Major, Junior, and Senior Divisions All-Star Tournament hosted by District 71 Little League during June 27 through July 23, 2009, at Heritage and Red Hill Community Parks. L11. Approval of Improvement Agreement, Improvement Securing and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for DRC2007-00455, located on the east side of Woodruff Place between Highland Avenue and Cotton Cloud Drive, submitted by the Church of Jesus Christ of Latter-Day Saints. RESOLUTION NO. 09-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2007-00455 RESOLUTION NO. 09-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR DRC2007-00455 L12. Approval of Improvement Agreement, Improvement Securities and Monumentation cash deposit for Tract Map 16908, located on the north side of Arrow Route, west of Baker Avenue, submitted by Sycamore Urban Properties, LLC. RESOLUTION NO. 09-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 16908 L13. Approval of Development Impact Fee Deferral Agreement between the City of Rancho Cucamonga and Bella Victoria, LP (Developer/Owner) (CO 09-217) for the residential property described in Exhibit "A" of the agreement, generally located at the northwest corner of East Avenue and Miller Avenue and identified as Tract Map No. 17919 RESOLUTION NO. 09-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT L14. Approval to execute a 30-year Lease Agreement at the rate of $1.00/year with Cucamonga Valley Water District (CO 09-218) allowing for the installation and maintenance of their Central Collection Units at four City buildings in a cooperative effort to:facilitate their new "fixed network meter reading system" project. L15. Approval and execution of a Common Use Agreement between the San Bernardino County Flood Control District (CO 09-219) and the City of Rancho Cucamonga fora multi- use trail system along Day Creek Channel and Deer Creek Channel. (COUNCILMEMBER GUTIERREZ ABSTAINED) Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 9 of 19 L16. Approval to accept the bids received, award and authorize the execution of a contract effective July 1, 2009 through June 30, 2010 with Republic ITS, Inc. (CO 09-220) of Novato, California, for the "Citywide Traffic Signal Maintenance' to be funded-from Acct. No. 1176303-5300 (Measure "I)") and authorize the City Manager or his/her designee to adjust the spending limit of said contract on an as needed basis in accordance with the approved Public Works Services Department Signal Maintenance Budget Line Item 5300, and authorization to renew said contract upon mutual consent for additional one (1) year periods. L17. Approval to accept bids received and award and authorize the execution of the contract in the amount of $199,936.90 to the apparent low bidder, Silvia Construction, Inc. (CO 09- 221), and authorize the expenditure of a 10% contingency in the amount of $19,993.69 for the Banyan Street Pavement Rehabilitation from-Beryl Street to Archibald Avenue, to be funded from Prop. 1B Funds, Acct. No. 1194303-5650/1679194-0. L18. Approval of an addendum to Reimbursement Agreement (SRA-55) for reconstruction of pavement and overlay reconstruction of median left turn lanes and traffic signal related improvements with development of Parcel Map 17818, submitted by Footchester Partners I, LLC, to be funded from Transportation Acct. No. 1124303-5650/1026124-0. RESOLUTION NO. 09-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ADDENDUM TO REIMBURSEMENT AGREEMENT (SRA-55) FOR RECONSTRUCTION OF PAVEMENT AND OVERLAY RECONSTRUCTION OF MEDIAN LEFT TURN LANES AND TRAFFIC SIGNAL RELATED IMPROVEMENTS L19. Approval to release Faithful Performance Bond No. 6369997, retained in lieu of a Maintenance Guarantee Bond, in the amount of $4,647,187.00 for Upper Cucamonga Storm Drain Widening Improvements, Phases I and II Project, Contract No. 07-006. L20. Approval to release the Maintenance Guarantee Bond in the amount of $38,235.77 for the Fiscal Year 2007/2008 Local Street Rehabilitation Slurry Seal Project, Contract No. 07- 177. L21. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16311, located on 6'" Street, Golden Oak Road and Hellman Avenue, submitted by Crestwood Corporation RESOLUTION NO. 09-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16311 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L22. Approval of a Resolution Changing the Time of Closed Session. RESOLUTION NO. 09-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE DAYS, TIME AND PLACE OF REGULAR MEETINGS OF THE CITY COUNCIL Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 10 of 19 L23. Approval of Support for the Restorative Justice Center and the Cucamonga .Valley Viticulture Conservancy's efforts to create a Community Garden in the City of Rancho Cucamonga. (REMOVED FOR DISCUSSION) L24. Approval of a resolution and a Program Supplement No. F58 to Administering Agency-State Agreement for State Funded Projects No. 002295 between the State of California and the City of Rancho Cucamonga for the replacement of traffic signal controllers and cabinets at 20 locations on Foothill Boulevard. (REMOVED FOR DISCUSSION) RESOLUTION NO. 09-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A . PROGRAM SUPPLEMENT NO. F58 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE. FUNDED PROJECTS NO. 00229S BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF RANCHO CUCAMONGA MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the remainder of the staff reports contained within the Consent Calendar. Motion carried 5-0. L23. Approval of Support for the Restorative Justice Center and the Cucamonga Valley Viticulture Conservancy's efforts to create a Community Garden ih the City-of Rancho Cucamonga. (REMOVED FOR DISCUSSION) Mayor Kurth indicated that he had a conflict of interest with Item L23 and indicated that he would abstain from voting on this matter. MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendation in the staff report. Motion carried 4-1 with Mayor Kurth abstaining. L24. Approval of a resolution and a Program Supplement No. F58 to Administering Agency-State Agreement for State Funded Projects No. 00229S between the State of California and the City of Rancho Cucamonga for the replacement of traffic signal controllers and cabinets at 20 locations on Foothill Boulevard. (REMOVED FOR DISCUSSION) RESOLUTION NO. 09-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PROGRAM SUPPLEMENT NO. F58 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00229S~ BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF RANCHO CUCAMONGA In response to Councilmember Gutierrez, Mark Steuer Director of Engineering Services/City Engineer confirmed that approval of this matter would improve the flow of traffc in that area. MOTION: Moved by Gutierrez, seconded by Michael, to approve the staff recommendation in the staff report. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 11 of 19 M. ADVERTISED PUBLIC HEARINGGS FIRE PROTECTION DISTRICT ~` The following items have been advertised andlor posted as public hearings as required by law. Items M1 & M2 were continued from the May 20, 2009 Regular Meeting. M1. CONSIDERATION OF FIRST READING OF AN ORDINANCE CONTINUING THE ANNUAL SPECIAL TAX RATES FOR FISCAL YEAR 2009/10 IN MELLO ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1. ORDINANCE NO. FD 48 (first reading) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 M2. CONSIDERATION OF A RESOLUTION CONTINUING THE ANNUAL SPECIAL TAX RATE TO BE LEVIED IN MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2009/10 RESOLUTION NO. FD-019 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2009/10 Jack Lam, City Manager/Secretary, presented the staff reports on M1 and M2. In response to Councilmember Gutierrez, the City Manager confirmed that no tax increase was proposed in either one of these districts. President Kurth opened the public hearings. Jerie Lee expressed a concern with weeds growing in one of the Landscape Maintenance Districts on Day Street. It was noted that these topics related to fire protection services. President Kurth closed the public hearings. MOTION: Moved by Michael, seconded by Williams, to waive full reading of Ordinance No. FD 48 and set second reading for June 17, 2009. Motion carried 5-0. MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. FD-019 establishing the annual special tax for the Fiscal Year 2009/10. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 12 of 19 N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT SUBSTANTIAL AMENDMENT AND FUNDING ALLOCATION TO THE 2008-2009 ANNUAL ACTION PLAN - DRC 2008-00217R -CITY OF RANCHO CUCAMONGA - A review of the federally required substantial amendment to the currently approved Annual Action Plan, which includes the selection of CDBG-R projects, based on a new grant allocation of $275,195 funded through the American Recovery and Reinvestment Act of 2009. Tom Grahn, Associate Planner, presented the staff report In response to Councilmember Williams, Tom Grahn confirmed that all of the money would be spent. Mayor Kurth opened the public hearing. Ed Hills inquired on the specific improvements to be made to the intersection. In response, Mr. Grahn indicated that these improvements would be made to Calle Vejac from Hellman Avenue to Avenida Leon and on Avenida Leon from Arrow Route to 150 feet north of Calle Vejar. The existing pavement would be removed and replaced and streetlights, curbs, gutters, sidewalks, etc., would be installed. Mayor Kurth closed the public hearing. Mayor Pro Tem Michael noted that new streetlights would be installed. Councilmember Williams concurred with the need, noting that these improvements would help revitalize the area. Lastly, Mayor Pro Tem Michael indicated that this project is shovel ready. MOTION: Moved by Michael, seconded by Gutierrez, to approve the Community Block Grant substantial amendment and funding allocations. Motion carried 5-0. N2. CONSIDERATION OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDING ALLOCATION FOR FISCAL YEAR 2009-2010 - DRC2009-00386 - CITY OF RANCHO CUCAMONGA - A review of the federally required Energy Efficiency and Conservation Strategy, which includes the selection of EECBG projects, based on a new grant allocation of $1,597,700 funded through the American Recovery and Reinvestment Act of 2009. Tom Grahn, Associate Planner, presented the staff report. In response to Councilmember Gutierrez, Mr. Grahn addressed the placement of solar panels on street lamps. These funds could be used to fund construction but not the placement of the panels. Mr. Grahn noted that projects were identified and prioritized and stated that a recommendation was made on the best use of these funds. John Gillison, Deputy City Manager/Administrative Services, stated that this project has been identified and indicated that staff is looking at a pilot project with separate funding. Also, it was noted that an additional competitive process will be held for which projects like this could be eligible. Mayor Kurth opened the public hearing Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 13 of 19 Ed Hills cautioned the City Council and staff about spending these funds wisely. He expressed a concern with the national debt and requested that anytime economic stimulus funds are spent on a project that this use be clearly listed on the agenda. Ed Dietl requested additional information on the Home Improvement Program Energy Efficiency Revolving Loan. In response, Mr. Grahn addressed the program. In response to Councilmember Williams, Mr. Grahn stated that the loan would be paid back when the property is sold. Currently, there is about atwo-year waiting list for the Home Improvement Program. The funding would be available on a first-come, first serve basis. Ed Dietl indicated that he was interested in adding solar panels to his roof. It was noted that this type of project would qualify for the program. AI Florez eipressed a concern with the majority of the funding being spent on the Civic Center. He noted that the City Council was provided with all of the background information while the public did not have access to the staff reports. In response to Mr. Florez, Assistant City Clerk/Records Manager Debra McKay noted that agendas are posted outside the City Council Chambers and placed on the City's Internet site on Thursdays. The Monday before the City Council meeting, the complete agenda packet including staff reports are placed on the Internet and are available at the public counter. There is a complete agenda packet available for the public's review during the City Council meeting. In response to Councilmember Williams, Mrs. McKay confirmed that there is a complete agenda packet at the Biane library. She indicated that packets would be provided at the senior center as well. Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Gutierrez, to approve the Energy Efficiency and Conservation Block Grant funding allocation for Fiscal Year 2009-2010. Motion carried 5-0. O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 01. REQUEST TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2009-00414 -CITY OF RANCHO CUCAMONGA: A request to amend the text for Development Code Sections -17.02 (Administration), 17.08 (Residential Districts), 17.10 (Commercial/Office Districts), 17.12 (Parking Regulations), and 17.30 (Industrial Districts) to add a definition and standards for Community Gardens. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061(b)(3). Adam Collier, Planning Technician, gave the staff report In response to Mayor Pro Tem Michael, it was noted that this report is requesting authorization to proceed. The matter would' be considered by the Planning Commission who would make a recommendation to the City Council. Mayor Pro Tem Michael cautioned that General Fund money would not be used to maintain the gardens. Councilmember Gutierrez concurred. In response to Councilmember Gutierrez, Mr. Collier stated that it was possible to expand the community garden along the Edison easement. MOTION: Moved by Williams, seconded by Michael, to approve the request to initiate Development Code Amendment DRC2009-00414. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 14 of 19 02. REPORT ON $35.000.00 OF STATE SEIZED ASSETS APPROVED BY THE SAN BERNARDINO COUNTY GOVERNING ASSET SEIZURE BOARD TO SUPPORT AND FUND PROJECT C.A.N.I.N.E. (CAMPUS AWARENESS. NARCOTIC INTERVENTION, NARCOTIC EDUCATION), UTILIZING CANINES FOR NARCOTIC DETECTION SERVICES AND EDUCATIONAL PROGRAMS: FUNDS APPROPRIATED FROM STATE ASSET SEIZURE FUND 196 AND AWARDED TO THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT. Chief Joe Cusimano presented the staff report City Attorney James Markman stated that he had advised Councilmember Gutierrez to abstain from voting on Item 02 not because there was a conflict of interest but to avoid the appearance of impropriety. In response to Mayor Kurth, Chief Cusimano indicted that this program would be implemented at the High Schools. In response to Councilmember Williams, Chief Cusimano stated that the School District would contract for these services. The City is funding this project, using the State Asset Seizure Fund. He indicated that the Police Department would be tracking the results of this program and indicated that there would be an educational component to this program as well. Councilmember Williams requested that a report be brought back to the City Council with more information once the program has been developed. In response to Mayor Pro Tem Michael, Chief Cusimano confirmed the flexibility to use this program in the middle schools if needed. In response to Councilmember Williams, he indicated that the company is bonded and offers this program in hundreds of other schools. He recognized that the program has worked in other areas and stressed the need for education as well. In response to Councilmember Spagnolo, Chief Cusimano stated that advance warning would not be given but was confident that all of the students would know about it once the dog showed up. Mayor Kurth inquired about the need for probable cause. As the Police Department would not be providing the service, Chief Cusimano commented that the Schcol District has the authority to bring the dogs on the campus. The Police Department will respond when called by the School District if a violation is found. MOTION: Moved by Michael, seconded by Williams, to approve the use of $35,000 State seized assets to support and fund Project C.A.N.I.N.E. Motion carried 4-1, with Councilmember Gutierrez abstaining. 03. APPROVAL TO MAINTAIN LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 fDRAINAGE AND LAW ENFORCEMENT) WITH NO INCREASE TO THE CURRENT RATE. (03 - 0-17 were discussed together) RESOLUTION NO. 09-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) 04. APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASINI WITH NO INCREASE TO THE CURRENT RATE (O-3 - 0-17 were discussed together) Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 15 of 19 RESOLUTION NO. 09-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2008-2009 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS 05. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITH NO INCREASE TO THE CURRENT RATE (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) 06. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITH NO INCREASE TO THE CURRENT RATE. (O- 3 - 0-17 were discussed together) RESOLUTION NO. 09-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 07. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) WITH NO INCREASE TO THE CURRENT RATE. (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) 08. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) OPERATION AND MAINTENANCE OF PARKS AND PARKWAYS WITH NO INCREASE TO THE CURRENT RATE. (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "B" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2009-2010 TO FINANCE THE OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 16 of 19 09. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMITI WITH NO INCREASE TO THE CURRENT RATE. (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2009-2010 010. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NOS. 1 & 2, SERIES 2001-A) WITH NO INCREASE TO THE CURRENT RATE. (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2009-2010 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A 011. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 3. ZONE 7, SERIES 2001-B) WITH NO INCREASE TO THE CURRENT RATE. (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2009-2010 (IMPROVEMENT AREA NO. 3, ZONE 7), SERIES 2001-B 012. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 1. ZONES 1, 2 & 3. SERIES 2003-A) WITH NO INCREASE TO THE CURRENT RATE. (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2009-2010 (IMPROVEMENT AREA NO. 1, ZONES 1, 2 & 3), SERIES 2003-A 013. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2. ZONES 1. & 2, SERIES 2003-B) WITH NO INCREASE TO THE CURRENT RATE. (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2009-2010 (IMPROVEMENT AREA NO. 2, ZONES 1, & 2), SERIES 2003-6 Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 17 of 19 014. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) WITH NO INCREASE TO THE CURRENT RATE. (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. .2004-01 (RANCHO ETIWANDA ESTATES) FOR FISCAL YEAR 2009-2010 015. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVEL WITH NO INCREASE TO THE CURRENT RATE. (03 - 0-17 were discussed together) RESOLUTION NO. 09-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) 016. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) WITH NO INCREASE TO THE CURRENT RATE. (O-3 - 0-17 were discussed together) RESOLUTION NO. 09-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) FOR FISCAL YEAR 2009-2010 017. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENTS DISTRICTS Jack Lam, City Manager, indicated that Items O-3 through 0-17 would be discussed at this time. He presented the staff report and asked the Assistant City Clerk/Records Manager to read each of the titles and the Resolution numbers. In response to Jeri Lee, Mr. Lam noted that all of the Districts have been absorbing increased operating costs over the years. Staff has been modifying the appropriate level of service to manage each District according to the available fund balance. As the revenue is becoming insufficient to maintain an appropriate level of service, Mr. Lam indicated that Proposition 218 mail ballot elections will need to be held for some of the Districts to determine the appropriate level of service. This will be happening within the next sixty days. RESOLUTION NO. 09-122 Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 18 of 19 In response to Mayor Pro Tem Michael, Mr. Lam stated that the General Fund does not pay for these costs. Each District was established independently and all have absorbed operating fund increases. MOTION: Moved by Michael, seconded by Williams, to adopt Resolution Nos. 09-108 through 09- 122. Motion carried 5-0. P. COUNCIL BUSINESS I~ The following items have been requested by the City Council for discussion P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo appreciated the past events sponsored by the Police Department. Councilmember Gutierrez thanked the people who supported him and his family and thanked God for his influence in his life. Mayor Pro Tem Michael commended the Police Department on the very successful Ron Ives Bike Rodeo. Also, he noted that there was a successful Rotary Track Meet last weekend at Chaffey College and thanked Councilmember Williams for her work at the event. Councilmember Williams spoke about the Rotary Track Meet, indicating that 528 children were in attendance. She noted the loss of Sam Maloof and suggested that the meeting be adjourned in his memory. Mayor Kurth thanked everyone who helped at the Bike Rodeo and the Track Meet. He noted that tonight's meeting would be adjourned in Mr. Maloof's memory. P2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Spagnolo noted that he had attended the Save Our City event today with Mayor Pro Tem Michael. Mayor Pro Tem Michael spoke about the State budget crisis and the City's financial hardship if the State seized revenue from the City. He urged everyone to speak with the Governor and the legislature and convey the impact this action would have on the City of Rancho Cucamonga. Councilmember Williams read information from the Senator Dutton Report Alert: A Reality Check Needed for UC Regents. She noted that further information can be found at www. restorecal iforn ia.com. .,.... Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. ..,... Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 19 of 19 R. ADJOURNMENT Mayor Kurth adjourned the meeting at 9:28 p.m, to June 4, 2009 at 5:00 p.m. for a budget meeting in the Tri-Communities Room. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: June 4, 2009 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES ' REDEVELOPMENT AGENCY MINUTES FIRE PROTECTION DISTRICT MINUTES SPECIAL MEETING A. -CALL TO ORDER A special meeting of the Rancho Cucamonga City Council, Redevelopment Agency and Fire Protection District was held on Thursday, June 4, 2009, in the Tri-Communities Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. MayorlChairman/President Donald J. Kurth called the meeting to order at 5:08 p.m. Present were Councilmembers/Agencymembers/Boardmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Mayor Pro Tem/Vice Chairman/Vice President L. Dennis Michael and Mayor/Chairman/President Donald J. Kurth. Also present were: Jack Lam, City Manager/Executive Director; Pamela Easter, Assistant City Manager; Linda D. Daniels, Redevelopment Director; John Gillison, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; James Troyer, Planning Director; Mark Steuer, Director Engineering Services/City Engineer; Kevin McArdle, Community Services Director; Trang Huynh, Building and Safety Official; Robert Karatsu, Library Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Joe Pulcinella, Animal Services Director; Jim Frost, City Treasurer and Debra L. McKay, Assistant City Clerk/Records Manager. B. PUBLIC COMMUNICATIONS No communication was made from the public. C. ITEMS FOR DISCUSSION C1. DISCUSSION AND CONSIDERATION OF PROPOSED BUDGETS FOR FISCAL YEAR 2009/10 A staff report was presented by Jack Lam, Executive Director In response to Mayor Kurth, the use of reserves was discussed. It was expected that approximately $1.3 million in reserves would be needed for Fiscal Year 2008/09. For Fiscal Year 2009/10, the budget proposes the use of $900,000 in reserves; however, the actual number may be less than that due to the volunteer retirement incentive program and a pending decision by County employees to defer raises. Mr. Lam noted the possible seizure of City revenue by the State of California. If this occurs, he indicated that the budget would need to be revisited. In response to Councilmember Williams, Mr. Lam stated that the membership fees to LAFCO and SANBAG were included in the Non-Departmental Overhead section of the budget. John Gillison, Deputy City Manager/Administrative Services indicated that actual numbers are used if they are available; otherwise, the dues amount is projected. Special City Council/Redevelopment Agency/Fire Protection District Meeting June 4, 2009 Page 2 of 3 In response to Mayor Pro Tem Michael, the City Manager confirmed that all travel and meeting budgets have been significantly reduced, including the City Council's travel and meeting budget. Discussion was held regarding Proposition 1A and the State seizure of City revenues. Mr. Lam stated that the next year is projected to be the worst year for the economy. In response to Mayor Pro Tem Michael, Mr. Lam affirmed that quarterly updates would be given to the City Council. Discussion was held regarding the judicious use of reserves during these unsettled economic times. In response to Councilmember Gutierrez, Mr. Lam noted the need to operate in the black when at all possible. He believed that the City Council is using the reserves wisely. In response to Councilmember Gutierrez, Mr. Lam indicated that PERS pays the retirement cost for former employees. The City's obligations are shown in the Personnel Overhead section as "normal cost". In conclusion, Mr. Lam stated that the budgets will be considered for adoption at a later date and welcomed any questions between now and the budget hearing. Mayor Kurth appreciated all of the measures which had been taken to balance the budget and thanked everyone for their support during this process. C2. APPROVAL OF CORRECTIONS TO AMENDED FISCAL YEAR 2008/09 APPROPRIATIONS A staff report was presented by Tamara Layne, Finance Director. MOTION: Moved by Williams, seconded by Michael to approve the corrections to the Fiscal Year 2008/09 appropriations. Motion carried unanimously. C3. DISCUSSION OF PROPOSED REVISION OF FIRE PROTECTION DISTRICT INSPECTION AND PERMIT FEES A staff report was presented by Peter Bryan, Fire Chief. At the conclusion of the report, Mr. Bryan indicated that a public hearing has been scheduled for June 15, 2009 to consider the fees outlined in the report. In response to Mayor Kurth, Mr. Bryan noted that these fees were not compared with surrounding cities. The fees listed reflect the actual cost to do the work. In response to Councilmember Gutierrez, Mr. Bryan provided defnitions for the different shop sizes, based on the number of machines in the shop. It was noted that there are approximately 60 types of high risk businesses in the City. Mr. Bryan stated that the Department has been providing full risk assessments for about 1 Y: years. In response to Mayor Kurth, Mr. Bryan stated that there were 124 fee line items, 54 fees have been reduced, no fees have been increased and several new sub-categories have been added. Chief Bryan indicated to Mayor Pro Tem Michael that churches would need a permit but that there would be no fee for this service. In resporse to Mayor Kurth, Mr. Bryan stated that the proposed fee reductions would not impact the level of service provided. It was noted that a cost of living increase (CPI increase) was not proposed in the Resolution, as this artificial increase in the fees might not reflect the actual cost to provide the service. John Gillison, Deputy City Manager/Administrative Services indicated the need to review the fees every 2-3 years to ensure that they are accurate. In response to Councilmember Spagnolo, Mr. Bryan addressed the Department's use of shift personnel in the past to do some inspections. The City Manager noted that the Department fell way behind in inspections. Currently, all high risk businesses are being inspected and have been inspected during the last 1 '/: years. Special City Council/Redevelopment Agency/Fire Protection District Meeting June 4, 2009 Page 3 of 3 In response to Councilmember Gutierrez, Mr. Bryan stated that inspections are currently being done by non- safety technical personnel. He expected that approximately $400,000 would be generated from this program. Councilmember Gutierrez indicated the importance of businesses being safe. However, he was concerned with how these fees would impact businesses already dealing with the current economic crisis. Discussion was held. Councilmember Williams noted the need to ensure safety in the City's public buildings. Mayor Pro Tem Michael noted that one of the actions would ensure the Fire Chiefs ability to lower fees and hoped that at same point, the entire list would come back so that the City Council could make the adjustment(s). E. ADJOURNMENT ~ The meeting adjourned at 6:07 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: .uin! 1 r~ 20q~ ~'' CITY OF RANCHO CUCAMONGA -• rj ENG!NE'°,n!v C!<<!cir~p! •:.L~~`-' I ri'-'/z'-CJ I -~ (`~~ _'/,ice: ~' ~,(.!J ~ .~L'f~(.fL~J J1~~1-f~'yl~ ~-1/,{`,u+ ~/ ~L9Y~J 7i7 ~' ~~~ ~~~~~ ~ ~ ~jJ ~ / ~.6"~i.~ , /'mod 2J ' ~' rl~/~;9 L9/1'~/j'`,C'Ci1 f~'~1~ r ~~i~c,~~~F ~C~,(J ~p~~~~~G~./ ~/~J ~~~/~ l ~~ ~-r~~e~ ..~ ~/,.~-~~~ rte' ,., ~/ ~7.-ri- ~~~ f PI~~ D,~I ~n -o ~ ~~~~ ~_ ~ --------------------------------------- -A1fN3A'd+f ------- I `~' °~ O Q co ----~---~-3~F13-}N;dcr-- i I o w z 4 z M O ~ • ~ ~-- --....- i~l3V~b?1NVS - ----- - - - I I I I ~ I ~---~iVFl2J'dWiJV~r r--- ANABEL ATHERLEY 6030 San Rafael Ct Alta Loma, CA 91737 June 17. 2009 City Council Members City of Rancho Cucamonga Rancho Cucamonga, CA 91737 Re: Parking Permits Dear Sir/Madam: This is a letter whereby I formally inform you that 1 have changed my mind and I am in favor of the parking permits in our neighborhood. I have been informed about how the permits can be acquired ahead of time and purchased in multiples. This cancels any inconveniences 1 had anticipated this matter would have caused when I had family and guests visiting. Asa parent of young children, safety in our neighborhood is my.priority and my parental responsibility. Thank you for your time and effort put in the above-mentioned matter. Sincerely yours, -- - - -- I'~~ y~ ., z 4 O t0 I - '- - - - ~ 3d ll3-} NyS - - t3 Nl12i'dW fd1/S _- - - - u~ Dear City Council, My name is Michael LaTurner and I live at 6069 San Felipe Ct. I was unable to make the meeting tonight because I am a cardiac nurse at San Antonio Hospital and I work nights. I am writing this letter because I would also like the opportunity to express my opinion in this matter regarding the parking permits. My wife and three children recently moved into our house on May 1St, 2009. Since our move in I have had to pick up trash on my lawn, I have had my drive way blocked, and just last week I had to make a police report on two college students who decided to park in front of my driveway then make obscene gestures at my 6 year old son and 9 year old daughter. As I approached them and requested they move their car from my drive way they told me to go and "F" myself and sped off. As I said earlier...) work nights and do not need kids like this wandering my neighborhood when I am not there. Also, this is our first purchase of a home and I do not want it tainted by continual altercations with disrespectful college students. When I first moved in I was approached about the plan to request permit parking in the neighborhood and I honestly did not have an opinion either way. But in the last two months and several issues later I see that it is in the best interest of our community to enforce the permit parking, not only for the safety of our community and homes but for the safety of our children. I bought this house so that my children could play in the back and front yards and not have these disrespectful students bother them. Please allow our communities request to enforce the permiYparking so that my community, my home, and my children will be safer. If you have any questions regarding this issue or need verification of this letter please feel free to call me at 1-909- 767-2248. Thank you for your time on this matter. Sincerely, Michael LaTumer .;,.. 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'7~Y u i AI~I 1, IS ~ Y ~ I l ~~ ~i~ N ~ \ ` I O 'Q/~lY '„ X33i1~ AYQ II !; it-'~ ~( ~' I I~~, I' ~1 ~ I ~ ~I~I ~ ~ I~ O ^ i I Ii ~ I ~~ ~a i ~ Y ~ ~ ~~ ~ ~ i i' I \ I `~L---,''' ~' I s' ~ ~ M ~Y ~ - -- r-r ~~~ ~, 1~_ I _.____-__-_J1, L__ ~ ~ Y 0 '. ~, ~i 13nv a~sow ;, - ~` = ~ ~ 3nY L-nvm~iv. ~ ~ ~nY ~ _ e,Y~naw i, s ,~ ~I I ~ ~ _ ---- ~ ,~~ , ~ ~ __: ~ it ,-~ _ . I - -_ -- -_- --- r---- -----~, ~r 'LAY IMIl1)i _, I Ir~~i r- ~. ~n r ~ ~i~ffi1 ~, ~ ~i ~I j jl r • ~~, I Inv u~o[ 'l' ~ ~ II ~ ~ ~ ~ i p ' ~ ~~ ®! « 11~X QMM13an , =~i i - - ~N ~; I~ I' ' __ .~ I. _ ~~gj{' ~ 11 _ -- . -- _- A / ~i-- - ~ --- -. -L e U P178 BID S'iJMMARY FOR BID OPENING MAY 19, 2009 APPARENTLOWBIDDER 2 C5 ~de Blid a Deck Maintenance En ineer's Estimate Peterson-Chase General En ineerin Construction Inc Abbott Contractin 1 uxir atD uN[T uNrr stn NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT ~ COST AMOUNT 1 I LS 4th Street na CC $ 56 261.00 S se,zel.oo $ 37 514.50 S 37s14so S - 2 1 LS 8th Streef a CC $ 58 952.00 S 5s,95z.oa $ 43 593.25 S 43,59325 S - 3 1 LS Base line Road CC $ 119 629.00 S v9,629.00 $ 44 895.45 S 44,895.45 S 4 1 LS Hellman Avenue CC $ 123 983.00 S 123,9st.oo $ 78 783.45 S ., 76,783.45 S - 5 1 LS Vine azd Avenue CC $ 125 837.00 S 1z5,637.00 $ 69 731.30 S 69,7310 S - 6 1 LS 6th Street C $ 9 870.00 S 9,s7o.oo $ 9 959.60 S 9,959.60 S - 7 1 LS 8th Street $ 24 215.00 S z4,zls.oo $ 22 126.25 S z2,lze.z5 S - 8 1 LS Allow Route (rr) C $ 27 270.00 S z7,z7o.oo $ 26 548.10 S z6s46.1o S - 9 1 LS Base line Road $ 13 567.00 S 13,s67.oo $ 10 039.40 S 10,039.40 S - 10 1 LS Chlrch Street $ 45 705.00 S 45,7os.oo $ 36 781.30 S 36,7s13o S s TOTAL S 605,289.00 $ 379,972.60 S 533,654.50 BID SUMMARY FOR BID OPENING MAY 19, 2009 } 4 Cti wide Brid a Deck Maintenance R..1. Bullard Construction Inc. Irxrr uN[r uxir NO QTY UNIT DESCRIPTION COST AMOUNT COSr AMOUNT COST AMOUNT 1 1 LS 4th Street CC $ 65 811.00 S 65,811.00 S - S - 2 1 LS 8th Street CC $ 70 142.00 S 7o,14z.oo S - S - 3 1 LS Base Line Road CC $ 70 285.00 S 7o,zes.oo S - S - 4 I LS Hellman Avenue CC $ 11I 065.00 S u1,o65.0o S S 5 1 LS Vine azd Avenue CC $ .100 798.00 S l00,796.0o S - S 6 1 LS 6th Street C $ 24 726.00 S 24,7ze.oo S S - 7 1 LS 8th Street C $ 45 438.00 S 45,436.00 s - S - 8 1 LS Atrow Route pC $ 50 026.00 s 50,026.00 S - S - 9 1 I,S Base line Road (a~ $ 29 754.00 S z9,754.0o S - S 10 1 LS Church Street $ G4 148.00 S e4,14s.oo S - S - S TOTAL S 632,19J.00 S - S - Notes: 1. Bidder number two,.Abbott Contracting, non responsive due to incomplete proposal. 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