HomeMy WebLinkAbout09/22/04 CC MINUTES
391
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
SEPTEMBER 22, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent:
2. WORKSHOP
a. Preview of New Graffiti Webpage.
Presentation and handouts provided by Assistant City
Manager Christensen, who also introduced webmaster Willy
Sawyer.
Councilmember Maggard requested the site address for the
graffitI webpage be emalied to Councllmembers.
3. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Janis Varner,
Link to Life, proclaiming October, 2004, "Paint the Town
Pink" Month.
Ms. Varner made comments and presented wrillen material
to Council.
4. PUBLIC STATEMENTS
a. Carolyn Wade-Southard, Unit Supervisor for the Kern County
HELP+ Program segment of the Homeless Collaborative,
spoke regarding the program; thanked City employees
involved in the recent effort and submilled a log of events.
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Bakersfield, California September 22, 2004 - Page 2
4.
PUBLIC STATEMENTS continued
ACTION TAKEN
b. Terry Maxwell spoke regarding sign Ordinance violations and
provided written material.
Councilmember Couch requested staff respond to Mr. Maxwell.
c. Pamela Prewett spoke regarding safety issues on Hwy. 178.
Councllmember Maggard requested staff contact Ms. Prewett to
ascertain specifically her areas of concern and provide
information regarding projected safety/traffic improvements on
Hwy. 178.
d. Arthur Unger spoke requesting item 5.w. be removed from the
agenda.
e. Robert Kunde, Kern County Farm Bureau spoke in support of
the staff recommendation regarding item 5.w.
5. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 8, 2004 Council
Meeting.
Payments:
b. Approval of department payments from August 27, 2004 to
September 9, 2004 in the amount of $16,480,271.21
(including $368,534.20 in Senior Citizen Refuse Refunds) and
self insurance payments from August 27,2004 to September
9,2004 in the amount of $145,140.46.
Ordinances:
c. First Reading of Ordinances amending Chapters 5.14,5.50 FR
and 5.56 of the Bakersfield Municipal Code relating to
cabarets, taxicabs and transient outdoor businesses.
d. Adoption of Ordinance adopting the Negative Declaration and ORD 4207
amending Title 17 of the Municipal Code and Zoning Map
Nos. 101-36 and 122-01 to change the zoning from R-1 (One
Family Dwelling) to C-O (Professional and Administrative
Office) on 19.24 acres and R-3 (Limited Multiple-Family
Dwelling) to C-O (Professional and Administrative Office) on
20.57 acres, located on the north side of Stockdale Highway
between Allen Road and Jewetta Avenue. (ZC 04-0431)
5.
Bakersfield, California September 22, 2004 - Page 3
CONSENT CALENDAR continued
e.
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
103-13 from an R-2 (Limited Multiple Family Dwelling) zone
to an R-1 (One Family Dwelling) zone on 8.96 acres,
generally located on the south side of Paladino Drive,
between Fairfax Road and Morning Drive. (Engineer: Porter-
Robertson Engineering; Subdivider: Rio Bravo Land
Company) (ZC 04-0650)
f.
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
102-06 from a DE (Drilling Island) zone to an E (Estate) zone
on 2.5 acres, generally located north of Snow Road, east of
the Friant-Kern Canal, generally west of Calloway Drive
(Engineer: SmithTech U.S.A.; Applicant: Michael Etcheverry).
(ZC 04-0710)
g.
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
123-20 from an A-20A (Agriculture-20 acre minimum) zone to
an R-1 (One Family Dwelling) zone on 40.46 acres,located at
the northeast corner of Old River Road and Harris Road
(Engineer: SmithTech U.S.A., Inc.; Subdivider: Lennar
Bakersfield). (ZC 04-0324)
h.
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map
102-15 from C-2 (Regional Commercial) to M-1 (Light
Manufacturing) on 13.18 acres located along the north side of
Hageman Road between Landco Drive and Knudsen Drive.
(ZC 02-0410)
i.
Adoption of Ordinance adopting the Negative Declaration and
amending Tille 17 of the Municipal Code and Zoning Map No.
123-34 from A (Agriculture) to R-1 (One Family Dwelling) on
77 acres, located along the south side of McCutchen Road,
generally located between Ashe Road and Stine Road.
J.
Adoption of Ordinance adopting the Negative Declaration,
upholding the Planning Commission decision and amending
Title 17 ofthe Municipal Code and Zoning Map No. 101-14to
change the zoning from A (Agricultural) to R-1 (One Family
Dwelling) on 56.48 acres, located south of Reina Road and
west of Allen Road. (ZC 04-0441)
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ACTION TAKEN
ORD 4208
ORD 4209
ORD 4210
ORD 4211
ORD 4212
ORD 4213
394
5.
Bakersfield, California September 22, 2004 - Page 4
CONSENT CALENDAR continued
Resolutions:
k.
Resolution of Intention No. 1347 adding territory, Area 4-31
(Hwy 58, Quantico NE), to the Consolidated Maintenance
District, preliminarily adopting, confirming and approving
Public Works Director's Report.
I.
Resolution adding territory, Area 1-50 (Jewetta, Reina SW) to
the Consolidated Maintenance District and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
m.
Amendment No. 11 to Resolution No. 44-93 setting salaries
and related benefits for the Temporary Unit.
n. Drive Approach/Sidewalk Construction at 1128 Eureka Street:
1.
Resolution authorizing the Public Works Director to
construct a drive approach and sidewalks at 1128
Eureka Street, confirming assessments and
authorizing the collection of assessments by the Kern
County Tax Collector.
2.
Agreement with Maethan Johnson, property owner, to
pay the drive approach and sidewalk construction
costs in installments and notice of special assessment
lien.
Agreements:
o.
Final Map and Improvement Agreements with Hampton
Place, LP for Tract 6033 located south of Palm Avenue and
east of Jenkins Road.
p.
Agreement with the Bakersfield Senior Citizen Center for
$50,000.00 of FY 2004-05 Community Development Block
Grant (CDBG funds) for operational expenses at the 530 4'h
Street Center.
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ACTION TAKEN
ROl1347
RES 261-04
RES 44-93(11)
RES 262-04
AGR 04-270
AGR 04-271
AGR 04-272
REMOVED FOR
SEPARATE
CONSIDERA TION
5.
Bakersfield, California September 22, 2004 - Page 5
CONSENT CALENDAR continued
q. Condition of approval for Parcel Map 11010 located on
Knudsen Drive:
1.
Annexation Agreement with Tom and Lisa Carosella
and Gene D. Borel and Jerry L. Borel to annex
property into the City and to purchase Knudsen Drive
right of way.
2. Appropriate $264,148.00 Transportation Development
Fund balance to the Capital Improvement Budget for
property acquisition.
r. Park at Granite Pointe Parkway and Ledgeview Lane:
1.
Agreement with Granite Pointe LLC for $18,850.00 for
acquisition of park land.
2.
Agreement with Granite Pointe, LLC for $286,326.00
for the development of park.
3. Appropriate $305,176.00 Park Improvement Fund
Balance.
s.
Transportation Impact Fee Agreement with Mountain View
Bravo, LLC.
t.
Cooperative Agreement with Golden Empire Transit District
for the implementation of a citywide Transit Signal Priority
(TSP) system to improve bus service and reliability for the
public.
u. Construction of Water Recharge Basins adjacent to the
Westside Parkway:
1.
Agreement with Castle and Cooke California, Inc.
($444,500.00) to construct water recharge basins and
associated water conveyance system.
2. Appropriate $450,000.00 Transportation Development
Fund Balance to the Capital Improvement Program.
395
ACTION TAKEN
AGR 04-274
DEED 6144
AGR 04-275
DEED 6145
AGR 04-276
REMOVED FOR
SEPARA TE
CONSIDERA TION
REMOVED FOR
SEPARA TE
CONSIDERA nON
AGR 04-279
396 "
5.
Bakersfield, California September 22, 2004 - Page 6
CONSENT CALENDAR continued
v.
Agreement with SBC to provide Wi-Fi wireless internet service
to Centennial Garden and Convention Center.
Agreement with Nossaman, Guthner, Knox & Elliott, LLP to
provide legal services in the matter of the Buena Vista Lake
Shrew, Proposed Critical Habitat Designation, in an amount
not to exceed $60,000.00.
w.
X. 2005 Health Care Contracts:
1.
Amendment No. 12 to Agreement No. 93-267 with
Blue Cross of California for Indemnity Health and
Dental Services.
2.
Amendment No. 11 to Agreement No. 93-266 with
Blue Cross/California Care Health Plans for Medical
Services.
3.
Amendment NO.8 to Agreement No. 96-148 with Blue
Cross of California for the Medicare Risk plan Senior
Secure.
4.
Amendment No. 7 to Agreement No. 97-230 with
Kaiser Permanente Health Plans for Medical Services.
5.
Amendment NO.7 to Agreement No. 97-321 with
Kaiser Permanente Health Plans for Medical Services
for retirees_
6.
Amendment No. 13 to Agreement No. 91-280 with
Dedicated Dental Systems, Inc. for pre-paid Dental
Services.
7.
Amendment No. 12 to Agreement No. 92-278 with
Medical Eye Services and Security Life Insurance
Company for Vision Services.
8.
Amendment No. 4 to Agreement No. 00-262 with
Pacific Union Dental for pre-paid Dental Services.
9.
Amendment No. 4 to Agreement 00-263 with
PacificCare Behavioral Health of California for
Managed Mental Health Care.
10.
Amendment No. 5 to Agreement 96-220 with
PacifiCare Behavioral Health of California for
Employee Assistance Services.
ACTION TAKEN
AGR 04-280
REMOVED FOR
SEPARA TE
CONSIDERA TION
AGR 93-267(12)
AGR 93-266(11)
AGR 96-148(8)
AGR 97-230(7)
AGR 97-321(7)
AGR 91-280(13)
AGR 92-278(12)
AGR 00-262(4)
AGR 00-263(4)
AGR 96-220(5)
Bakersfield, California September 22, 2004 - Page 7
CONSENT CALENDAR continued
5.
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aa.
bb.
cc.
Amendment NO.6 to Agreement No. 98-222 with HTE, Inc.
($151,77.36) for service support of licensed software.
Amendment NO.2 to Agreement No. 02-255 with Niemeyer &
Associates to extend term and increase compensation by
$16,000.00 (for a total contract amount of $89,400.00) for
AMTRAK track inspection services.
Amendment NO.1 to Agreement No. 98-51 with Kem Charter
Service to add six tie-down spaces to the premises leased at
the Bakersfield Municipal Airport, increase the total lease
amount by $120.00 per month and amend insurance
requirements.
Amendment No. 3 to Agreement No. 02-258 with Granite
Construction Co. (no increase in compensation) extending the
annual contract for street materials time period for three (3)
weeks.
Amendment No. 1 to Agreement No. 04-023 with
Marderosian, Runyon, Cercone, Lehman & Armo (increase
compensation by $25,000.00, to contract not to exceed
$175,000.00) to provide additional legal services.
dd. Rescind Agreement No. 03-370 with George Sturges, Jr. for
lease of the "Shade Hangar" located at the Bakersfield
Municipal Airport.
Bids:
397
ACTION TAKEN
AGR 98-222(6)
AGR 02-255(2)
AGR 98-51(1)
AGR 02-258(3)
AGR 04-023(1)
ee. Accept bid to award annual contract to Safeway Sign AGR 04-282
Company, not to exceed the budgeted amount of $55,000.00,
for traffic signs.
City Clerk McCarthy announced correspondence was
received from Mary J. Griffin, Kern Audubon Society, in
opposition to item S.W.
Motion by Vice-Mayor Couch to approve Consent Calendar items APPROVED
5.8. through 5.ee., with removal of Items 5.p., 5.5., 5.t., 5.w. and
5.ee. for separate consideration.
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Bakersfield, Califomia September 22, 2004 - Page 8
CONSENT CALENDAR continued
ACTION TAKEN
5.
*,..'"
p.
Agreement with the Bakersfield Senior Citizen Center for AGR 04-273
$50,000.00 of FY 2004-05 Community Development Block
Grant (CDBG funds) for operational expenses at the 530 4th
Street Center.
Motion by Councflmember Carson to approve the Agreement.
APPROVED
s. Transportation Impact Fee Agreement with Mountain View AGR 04-277
Bravo, LLC.
Motion by Councflmember Maggard to approve the Agreement. APPROVED
t.
Cooperative Agreement with Golden Empire Transit District
for the implementation of a citywide Transit Signal Priority
(TSP) system to improve bus service and reliability for the
public.
AGR 04·278
APPROVED
Motion by Vice-Mayor Couch to approve the Agreement.
w. Agreement with Nossaman, Guthner, Knox & Elliott, LLP to AGR 04-281
provide legal services in the matter of the Buena Vista Lake
Shrew, Proposed Critical Habitat Designation, in an amount
not to exceed $60,000.00.
APPROVED
Motion by Councilmember Hanson to approve the Agreement.
City Clerk McCarthy announced Consent Calendar item 5.ee
and Consent Calendar Hearings will be heard at the 7:00
portion of the meeting.
7. CLOSED SESSION
a. Closed Session pursuant to Government Code Section
54957.6; Conference with Labor Negotiator.
b. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Govemment Code
Section 54956.9; City of Bakersfield v City of Shatter.
Motion by Vice-Mayor Couch to adjourn to Closed Session at
6:12 p.m.
APPROVED
Motion by VIce-Mayor Couch to adjourn from Closed Session at
7:00 p.m.
APPROVED
Bakersfield, California September 22, 2004 - Page 9
RECONVENED MEETING - 7:00 p.m.
8. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent:
9. INVOCATION by Pastor David Schooler, The Neighborhood Church
10. PLEDGE OF ALLEGIANCE by Taylor Graham, 6"' Grade Student at
Haven Drive Middle School.
Mayor Hall announced item 13.a. has been withdrawn and will
not be heard by the City Council.
Mayor Hall recognized the Ridgeview High School government
in attendance at the meeting.
11. CLOSED SESSION ACTION
a.
Closed Session pursuant to Government Code Section
54957.6; Conference with Labor Negotiator.
b.
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v City of Shatter.
5. CONSENT CALENDAR continued
Item 5.ee. continued
ee. Accept bid to award annual contract to Safeway Sign
Company. not to exceed the budgeted amount of $55.000.00,
for traffic signs.
Motion by Councllmember Maggard to accept the bid and award
the contract.
12. PUBLIC STATEMENTS
a. Art Carlock spoke regarding the Hwy. 99 Car Show, and on
behalf of show organizers, donated at $300 check to the
Movies in the Park Program.
399·
ACTION TAKEN
HAT
HAT
APPROVED
400 ì
6.
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Bakersfield, California September 22,2004 - Page 10
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider expenditures of Local Law
Enforcement Grants:
1 . Bureau of Justice Assistance (BJA) Local Law
Enforcement Block Grant (L.L.E.B.G.) Funds in the
amount of $62,912.00.
a. Appropriate $62,912.00 Federal Grant and
$6,990.00 Asset Forfeiture monies to the
General Fund Police Department Operating
Budget.
2. Supplemental Law Enforcement Services Funding
(S.L.E.S.F.) in the amount of $410,673.00 (per
Government Code 30061).
a. Appropriate $335,673.00 State Grant to the
Police Department Operating and Capitol
Budgets; transfer and appropriate
$130,000.00 to the Equipment Management
Fund Operating Budget.
b. General Plan Amendment No. 04-0909 Circulation Element
Amendment; The City of Bakersfield Public Works
Department has requested a General Plan Amendment to
delete Rider Street as an arterial between Johnson Road and
Stockdale Highway and adopt a specific plan line for access
ramps for the West Beltway and Westside Parkway
Interchange.
ACTION TAKEN
1. Resolution approving the Negative Declaration and RES 263-04
adopting the General Plan Amendment deleting Rider
Street between Johnson Road and Stockdale
Highway and adopting a specific plan line for access
ramps for the West Beltway and West Parkway
Interchange.
c.
Public Hearing to consider Resolution ordering the vacation
of the south 126 feet of the 30 foot wide alley between Oak
Street and Olive Street extending from Palm Street to
Dracena Street.
d.
Public Hearing to consider Resolution ordering the vacation
of Pacheco Road between Buena Vista Road and Old River
Road.
RES 264·04
RES 265-04
401
Bakersfield, California September 22, 2004 - Page 11
6.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
e. Public Hearing to consider project for the final closure of the
Bakersfield City Sanitary Landfill located north of Panorama
Drive, south of Alfred Harrell Highway, west of Fairfax Road
and east of Wenatchee Avenue/County Road 219.
1. Resolution adopting the Mitigated Negative RES 266-04
Declaration and approving the final closure of the
Bakersfield City Sanitary Landfill.
Hearings opened at 7:19 p.m.
Gilbert Gia spoke in opposition to item 6.e.
James Varner, on behalf of Beverly Monji, spoke regarding
item 6.c.
Hearings closed at 7:20 p.m.
Motion by Vice-Mayor Couch to adopt Consent Calendar Hearing
items 6.a. through 6.e.
APPROVED
13. HEARINGS
a. Public Hearing to consider appeal by Terry Ralston, WITHDRAWN
representing Brian and Carrie Riel, of the Board of Zoning
Adjustment's approval of a CUP (File No. 04-0706) to allow
the construction of two drive-thru restaurants (3049 and 810
sq. ft.) within an existing shopping center in a C-1
(Neighborhood Commercial) zone district at 9640 and 9650
Hageman Road.
City Clerk McCarthy announced item 13.a. has been
withdrawn by the appellants, Brian and Carrie Riel.
b. Public hearing to consider Resolution revising the Countywide RES 267-04
Siting Element of the Kern County and Incorporated Cities
Integrated Waste Management Plan.
Hearing opened at 7:22 p.m.
Nancy Ewert, Technical Resources Manager for Kern County
Waste Management, spoke in favor of the staff
recommendation.
Hearing closed at 7:24 p.m.
Motion by Councilmember Couch to adopt the Resolution.
APPROVED
.4·0,2
14.
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Bakersfield, Califomia September 22,2004 - Page 12
DEFERRED BUSINESS
a. Resolution upholding the decision of the Planning
Commission, denying the appeal, adopting the Negative
Declaration and approving Vesting Tentative Tract Map 6318
generally located south of Chase Avenue and east of Kern
Canyon Road (State Route 184). (Appellant: Sierra
Club/Engineer: Cornerstone Engineering/Subdivider: Arnold
& Vicki Young)
Development Services Director Hardisty made staff
comments.
Mayor Hall directed the matter be continued to the next
Council meeting October 6.
15. COUNCIL AND MAYOR STATEMENTS
Councilmember Sullivan made comments regarding the Constitution
Day Bells Across America celebration September 17, 2004.
Councilmember Sullivan made comments regarding attendance at
the Bakersfield Symphony Orchestra's Concert for America on
September 11, 2004.
Councllmember Sullivan requested staff repair a pothole on the
west side Planz west of Howard's Market, at Planz and Wible.
Councllmember Sullivan requested staff explore growing shrubs
in front of the block walls In the Stonecreek area to discourage
graffiti; additionally Investigate sealing block walls as they are
built to allow for easier removal of graffiti.
Councilmember Sullivan made comments regarding the recent sniper
shootin9s at Taco Bell on Min9 Avenue.
Councllmember Sullivan requested a meeting with Chief Rector
to discuss possible deterrents, Ie. extra patrol, cameras, to solve
the speeding/drag racing problems on Mfng Avenue.
Councilmember Carson thanked the United Way and participating
corporations, particularly the Bakersfield Califomian, for the Day of
Caring of September 11, 2004.
Councilmember Carson reminded Council of the Joint Meeting with
the Kern County Board of Supervisors, September 27,2004.
Councllmember Maggard requested Public Works Rojas meet
with him regarding street lights.
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ACTION TAKEN
Bakersfield, California September 22,2004 - Page 13
15. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Maggard requested staff contact him regarding
containment of Valley Fever spores.
Councilmember Maggard thanked Mayor Hall for attending the
funeral of Deputy Sheriff Daniel Archuleta.
Councilmember Maggard requested staff investigate the
possibility of utilizing Inmate crews to clean up trash along road
sides.
Councllmember Benham thanked Streets Supervisor Luis
Peralez for prompt response to potholes and street Issues in
Ward 2; additionally staff to follow up regarding a curb cut for a
handicapped citizen in the Sunset-Oleander area.
Councilmember Benham requested staff address the issue of
motorized vehicles utilizing the Bike Path.
Councllmember Hanson requested staff look Into providing a
higher quality work in Maintenance Districts.
Councilmember Hanson requested staff Investigate standing
water and be proactive in the prevention of the spread of West
Nile Virus.
Councilmember Hanson requested Development Services
Director Hardisty provide information regarding a trailer park on
the Kern River.
Councllmember Salvaggio requested staff contact a citizen
regarding her yard being flooded and provided contact
information.
Councllmember Salvaggio requested staff provide a time-line for
the road widening project at Hosking and Wible.
Councilmember Salvaggio requested staff prepare a list of on-
going projects and upcoming CIP projects in Ward 7 to provide
to the person taking his place as the Ward 7 Councllmember In
December.
Councllmember Salvaggio requested staff investigate issuance
of traffic tickets to vehicles parked on Motor Center Drive at the
Auto Mall.
4·0 i$
ACTION TAKEN
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15.
Bakersfield, California September 22,2004 - Page 14
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Salvaggio requested staff abate graffiti on
masonry wall in the vacant lot at the NE corner of Akers and
Panama; additionally on the north side of Panama Lane to the
east of Akers at the same intersection.
Councilmember Salvaggio requested Streets repair potholes
near the gutter on the east side of Hughes Lane, across from
Wa/-Mart near the Police Satellite Station.
Council member Salvaggio provided an update on the League of
California Cities Annual Conference.
Councilmember Salvaggio acknowledged Alan Tandy's twelve years
of service to the City.
Vice-Mayor Couch requested staff consider changes needed for
Landscape Maintenance Districts in order to improve
maintenance quality.
Vice-Mayor Couch requested staff extend the investigation of
motorized vehicles on the blkepath all the way to Enos Lane.
Vice-Mayor Couch requested staff repair a pothole on New Stine
at the corner of Surrey Lane.
Vice-Mayor Couch requested staff consider and advise him
regarding approaching County and City of Shafter staff with a
proposal soliciting support for making 7'h Standard Road an
expressway.
Vice-Mayor Couch requested a meeting with Public Works
DwecrorR~asÆgardmgùafflconBrimha"behveenCo"eeand
Calloway.
Mayor Hall announced the Annual Mayor's Litter Clean-up of Hwy. 99
on and off-ramps will begin November 6th and encouraged parties
interested in volunteering to call the Mayor's office.
Mayor Hall made comments regarding signal priority improvements.
-
ACTION TAKEN
Bakersfield, California September 22,2004 - Page 15
14.
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:01 p.m.
ATTEST:
CITY CLERK and Ex Officio Clerk
City of Bakersfield, California
ACTION TAKEN
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