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1993/11/23 City Council MinutesRohnert Park City Council Minutes November 23, 1993 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. Call to Order -Mayor Hollingsworth called the regular session to order at approximately 6:18 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters and personnel matters. He said no action was taken and there was nothing to report at this time. Roll Call Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, and Director of Public Works /City Engineer Brust. Approval Councilmember Spiro requested that on page 10, in the second to of last paragraph, second to last sentence, that a period be placed Minutes after the words "ABAG requirements" and the rest of the sentence be deleted. Councilwoman Gallagher, noting the statement on page 10, last paragraph, stated that she was not aware that there was General Plan Council Committee. stating the she was not aware of such a committee. Councilman Eck explained that this committee, listed as the Open Space /Sphere of Influence Committee, is comprised of himself and Mayor Hollingsworth. Councilwoman Gallagher expressed her interest in being assigned to the Committee when the Council Committee Assignments are considered in January. This committee should be added to the committees list. She felt there should be a distinction between the open space" and General Plan committees. Councilmember Spiro referred to page 11, item #3 regarding the need for a cemetery in Rohnert Park. She suggested this matter be brought before the Open Space District. Councilman Eck stated that he would discuss the idea at an Open Space District meeting. Councilwoman Gallagher referenced the appearance by Debbie Stack mentioned on page 7 and the remark about a Council policy relative to staff meetings and that there is no such written policy, according to Councilwoman Gallagher. Upon motion of Councilmember Spiro, seconded by Councilman Reilly, the minutes of November 9, 1993 were unanimously approved as corrected. 1 Rohnert Park City Council Minutes November 23, 1993 Approval Councilmember Spiro asked City Attorney Flitner if she should of abstain because she had a payment on the bills. City Bills Attorney Flitner replied in the affirmative. Councilwoman Gallagher questioned a $9,500 bill from Rohnert Park Towing. City Manager Netter explained that this item was the purchase of a used van. Councilwoman Gallagher referred to bills from nine different veterinarians, and item #04264, Check No. 57810 for Hooked on Fishing International in the amount of $40.00. City Manager Netter stated he would obtain detailed information on these items. Upon motion of Councilman Reilly, seconded by Councilwoman Gallagher, the bills presented per the attached list in the amount of $2,263,155.08 were approved, with an abstention by Councilmember Spiro for the payment listed to her and an abstention by Councilwoman Gallagher for the payment made to the Sonoma County Wineries Association. Non - agendaed Mayor Hollingsworth asked if any Councilmember had any non - items agendaed items to add to the agenda. There was no response. Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The Public Brown Act), citizens wishing to make a comment may do so at this Appearances time. Under legislation of the Brown Act, in most cases, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of Council Chambers and persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. Ken Winett, 614 Lanyard Ct., addressed the Council on his concerns with some of the building construction in the "L" section. His home has a shakey foundation. He asked if other residents have complained about shaking floors and if anything can be done to resolve the situation. Mayor Hollingsworth suggested that Mr. Winett contact Director of Public Works /City Engineer Brust. Mr. Brust has been working with other home owners with similar problems. Linda DeBolt, 5701 Davis Circle, referred to the proposed Laguna Apartments project on the west side of US 101 and suggested that they be senior citizen, low income housing. She explained that she feels this is an ideal location for senior housing because of the good access to shopping. Ms. DeBolt had recently visited the Altamont Apartments senior complex and learned that it is filled to capacity and that there is a long waiting list. She added that there is a need for a bicycle path on the street behind the Price Club. Discussion followed during which Mayor Hollingsworth stated that Ms. DeBolt's ideas will be passed on to Codding Enterprises, the owners of the property proposed for the Laguna Apartments. 2 Rohnert Park City Council Minutes November 23, 1993 Councilman Eck added that the Council is in the process of studying an EIR for this project. The proposal will go through the normal public input procedure. Ms. DeBolt's suggestion could be added as a mitigation measure. C O N S E N T C A L E N D A R Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Councilwoman Gallagher requested that Resolution No. 93 -143 be pulled from the consent calendar for discussion. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No. 93 -142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK COMMENDING ROBERT E. DENNETT AND NAMING HIM "HONORARY CITIZEN" AND "DIRECTOR OF PUBLIC SAFETY EMERITUS" OF THE CITY OF ROHNERT PARK No. 93 -144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REQUESTING ISTEA SECTION 8 FUNDS No. 93 -145 A RESOLUTION APPROVING AMENDMENTS IN THE PROTOTYPE MONEY PURCHASE PLAN AND AN AMENDED ADMINISTRATIVE SERVICES AGREEMENT WITH ICMA RETIREMENT CORPORATION - 401 (a) PLAN Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 9.46 OF No. 582 THE ROHNERT PARK MUNICIPAL CODE TO PROVIDE FOR THE RECOVERY OF EXPENSES INCURRED BY THE CITY OF ROHNERT PARK IN MAKING EMERGENCY RESPONSES AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTIONS 53150, ET SEQ Upon motion by Councilmember Spiro, seconded by Councilman Reilly, the Consent Calendar as outlined on the meeting's agenda, with the exception of Resolution No. 93 -143, was unanimously approved. Resolution APPROVING JOB DESCRIPTION AND SETTING A PAY RATE AND RANGE FOR No. 93 -143 ASSISTANT CITY MANAGER Councilwoman Gallagher stated that she is concerned with the timing of this promotion and pay increase considering present budget constraints. This particular pay raise is out of line. Giving this person the promotion and raise would not be looking out for the public's interests. Councilwoman Gallagher made a motion to not approve the resolution. The motion died for lack of a second. 3 Rohnert Park City Council Minutes November 23, 1993 Discussion foilowcd during which Councilman Eck advised that this particular individual has more than earned the promotion and pay increase and has devoted countless hours and energy to his present position, and that it is much deserved. Upon motion by Councilman Eck, seconded by Councilmember Spiro, Resolution No. 93 -143 was adopted, with Councilwoman Gallagher dissenting, saying that she does not feel the reasons for the promotion and pay raise justify an affirmative vote. Adrian Drive City Manager Netter informed the Council that although a public Underground hearing notice was published in the local newspaper for the proposed Adrian Drive Undergrounding project, the public hearing should be continued to the December 14, 1993 meeting. A public notice has been published to reflect same. Mayor Hollingsworth asked if anyone in the audience objected to the continued public hearing. No one responded. Upon motion of Councilmember Spiro, seconded by Councilman Eck, it was unanimously approved to continue the public hearing on the undergrounding of Adrian Drive to the Council's next regularly scheduled meeting of December 14, 1993. Prequalification of Bids for Landscaping Maintenance - City Manager Netter referred to his explanation of this item in the Council Meeting Memo dated November 17, 1993. He reviewed the bidding proposal specifications for landscape maintenance. Mr. Netter stated that a copy of the complete bid specifications package has been prepared by Director of Public Works /City Engineer Brust and has been provided to the Council. Discussion followed during which Councilmember Spiro queried about a provision that bidders employ an arborist. Bidders could contract for arborist services. Director of Public Works /City Engineer Brust advised that the bid package could be amended to provide for such a case. Resolution A RESOLUTION CALLING FOR PRE - QUALIFICATION OF CONTRACTORS FOLLOWED No. 93 -146 BY SEALED BIDS FOR MAINTENANCE OF LANDSCAPING IN THE CITY OF ROHNERT PARK Upon motion of Councilmember Spiro, seconded by Councilman Eck, reading of Resolution No. 93 -146 was waived and unanimously approved. Scheduled Public Appearance - Dennis Patterson, Environmental Advisory Commission, City of Cotati, made a presentation to the Council relative to waste matters, reduction of business waste, and the requirements of AB 939. He stated that they are contacting the smaller businesses in an effort to educate them on recycling. Mr. Patterson advised that n u Rohnert Park City Council Minutes November 23, 1993 the Environmental Advisory Commission of the City of Cotati is willing to give waste audits and is attempting to determine if the smaller businesses would consider utilizing the Commission's services. Some of the businesses they had contacted had no idea of what is available to them and the majority of them are willing to change their recycling procedures. Councilmember Spiro stated that she had requested Mr. Patterson's presentation because a lot of the small businesses do not know what is available to them. Discussion ensued, during which Mayor Hollingsworth suggested that Councilmember Spiro meet with Mr. Patterson to work out some suggestions for the smaller businesses that could be coordinated with the Empire Waste Management program. Council concurred. Comprehensive Annual Financial Report - City Manager Netter stated that the Council had been provided with copies of the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 1993 prepared by the external auditing firm of Deloitte & Touche. He introduced Mr. Mike Trott, Deloitte & Touche, who further reviewed the report. Mr. Trott noted that his firm has no concerns with the City's financial reporting and there are no irregularities in the accounting procedures of the City. He stated that Rohnert Park is a very clean operation in comparison to some other governments Deloitte & Touche have worked with. Councilman Eck queried about the indebtedness between the City and the Community Development Agency and the appropriateness of such transactions. Mr. Trott explained that the City is complying with statutory guidelines. Upon motion of Councilmember Spiro, seconded by Councilman Reilly, and unanimously approved, the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 1993 prepared by external auditors Deloitte & Touche was formally accepted. Patty Coe - Resignation from Mobile Home Parks Rent Appeals Board. City Manager referred to the letter of resignation received from Patty Coe explaining that she relocated out of town and, hence, was unable to finish her term on the Mobile Home Parks Rent Appeals Board. Discussion followed. Mayor Hollingsworth stated that an announcement to fill this position will be publicized and that an appropriate letter of appreciation will be sent to Patty Coe over his signature. Commission /Board /Committee appointments - City Manager Netter referred to a memorandum dated November 17, 1993 listing the various vacancies that will occur on December 31, 1993. Discussion followed during which the Council agreed that appointments would be made at the December 14, 1993 meeting. 6i Rohnert Park City Council Minutes November 23, 1993 City Council Commission /Committee liaison assignments - City Manager Netter advised that a copy of the current listing of assignments was provided to the Council so they can start to consider any changes or modifications they may want to make in January when the annual assignments are set. Councilwoman Gallagher requested to be placed on the General Plan Council Committee and the Free Friday Nights Committee. It was the consensus of the Council that assignments will not be made until January. Mayor Hollingsworth reminded the Council that final liaison assignments will be determined by the new Mayor. Councilman Reilly expressed a concern that with the Brown Act constraints and complications, perhaps having standing committees would not be as productive as desired and may slow things down if the typical 72 hour posted notices are required before any meetings can be held. Councilwoman Gallagher asked how many Council persons can attend such standing committee meetings. Mayor Hollingsworth requested City Attorney Flitner to prepare a legal opinion on this matter. Automatic Library Doors - City Manager Netter referred to a letter dated November 17, 1993 from Rohnert Park Library Branch Manager Donald Gass regarding the need for installation of automatic doors. Referring to his Council Meeting Memo dated November 17, 1993, City Manager Netter explained that the existing doors are quite heavy and it is difficult for handicapped or frail persons to enter the library. Mr. Netter noted that library representatives had suggested a fundraiser to collect the approximately $6,000 to $8,000 needed for the doors. He recommends the use of City funds for this relatively minor undertaking. In the future, a fundraising campaign may be launched for a new library facility. Discussion followed. Upon motion by Councilman Reilly, seconded by Councilmember Spiro, $6,000 to $8,000 in City funds were approved for allocation to the Rohnert Park branch of the Sonoma County Library to be used for the installation of automatic doors. These funds would be appropriated from Capital Outlay Funds and not General Funds. State of California Superior Court Judge Arnold D. Rosenfield request for countywide day of non - violence - City Manager Netter referred to a letter received from Judge Rosenfield requesting the City's support of a countywide day of non - violence. Discussion ensued wherein the Council expressed enthusiasm and support for Judge Rosenfield's suggested activities to implement this effort. Upon motion of Councilmember Spiro, seconded by Councilwoman Gallagher, support of Judge Rosenfield's countywide day of non- violence was unanimously approved and staff was directed to communicate with the appropriate parties within the county to M Rohnert Park City Council Minutes November 23, 1993 initiate this endeavor. Mobile Home Parks Rent Appeals Board Subcommittee report on mobile home parks survey /data sheet - Rent Appeals Board Chairman Richard Brody explained that the subcommittee had met with Sonoma State University Professor Stephen Lewis to discuss preparation of a survey /data sheet for distribution to the City's mobile home parks regarding the effects of Ordinance No. 494. Mr. Brody stated that an understanding of the types of questions and services to be utilized needs to be reached as well as the agreement on the costs of the project. Chairman Brody requested direction from the Council as to what would be expected or accomplished by such a survey /data gathering effort. Councilman Eck stated that the County has an ordinance worth looking at. He expressed concern as to whether Ordinance No. 494 really protects the residents. The data gathered from the survey might bring to light the effects of Ordinance No. 494 versus suggested changes and /or amendments. Further discussion followed during which the Council directed that the proposed survey /data be refined and agendized for the December 14, 1993 meeting for further consideration. Graffiti problems in the community - City Manager Netter informed the Council of the rash of graffiti incidents throughout the city recently and the necessity to add to park partrols. He stated that extra patrols have been necessary on Friday nights. These problems have been discussed with Department of Public Safety staff and Public Works staff in an effort to come up with some sort of solution. Some suggested options include ads in the newspaper listing a number to call if someone witnesses such acts and a graffiti wall. Mr. Netter advised that a graffiti wall may encourage gangs to use it as a "war zone." Meetings are being held with gang members to obtain their thoughts and suggestions. He said he would keep the Council apprised of progress on this matter. Councilman Eck suggested that plants be placed in the open spaces on the walls being painted so as to leave no room for graffiti. City Manager Netter advised that Kitty Collins had suggested erecting a graffiti wall on Southwest Blvd. He also stated that he is working with the new Public Safety Director to come up with possible solutions. Bicycle Advisory Committee letters - City Manager Netter referred to letters received from the Bicycle Advisory Committee dated October 5, 1993 and November 8, 1993 requesting (1) Council's support of designating Rohnert Park as a "Bicycle Advocacy City;" (2) a letter be sent to the State recommending that the Bicycle Helmet Law be expanded to include adults; and (3) the Council's reaffirmed commitment that all bicyclists conform to the Vehicle Rohnert Park City Council Minutes November 23, 1993 Code and that this commitment should be stressed in all educational, public safety, and law enforcement programs. Upon motion from Councilmember Spiro, seconded by Councilman Reilly, and unanimously approved, all (3) requests from the Bicycle Advisory Committee were approved. Councilman Eck said that another meeting had been held with Johnny King relative to the berm on Southwest Boulevard and that they are trying to work out a solution. Bicycle Advisory Committee Chairman Jake Mackenzie was recognized and informed the Council that he had met with Johnny King one school morning and observed the students. He said he hoped the Committee will be ready to make a recommendation to the Council soon regarding the berm on Southwest Blvd. Mr. Mackenzie also added that he would like to thank Director of Public Works /City Engineer Brust for his time and efforts in working with the Bicycle Advisory Committee. Councilmember Spiro added her concerns with adults who are setting bad examples of bicycle safety for the youths of our community. Mayor Holllingsworth suggested that the Department of Public Safety cite adults for going through stop signs on their bikes. Councilmember Spiro also suggested licensing of bicycles. City Manager Netter advised that other cities have attempted this approach but, after time, have eventually discontinued the program because of administrative costs. Communications - Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City Manager's report: Mobile Home (1) Update on Mobile Home Park Purchase Program - City Manager Parks Netter informed that he has had discussions with Joel Heath, and Purchase that Mr. Heath sent a confidential letter to the City. Mr. Program Netter has requested the City Attorney to prepare a response. The City Manager referred to the possible purchase of Rancho Feliz and advised that the price is too high right now. He stated that he is anxious to get the numbers on Valley Village Mobile Home Park. City Mgr. (2) City Manager Netter advised that he would be out of town on a Vacation vacation from November 25 through December 3rd. M Rohnert Park City Council Minutes November 23, 1993 Swearing in (3) City Manager Netter informed the Council that the date listed of Public on the agenda for the swearing in ceremony of the new Director of Safety Public Safety is not a good date. He suggested either December Director 13, 14, or 15 as viable alternatives. Holiday (4) The City Manager enlightened the Council on several road Lights blocks that have been encountered by the Chamber of Commerce in attempting to plan a Holiday Village at the Community Center due to electrical and other problems. He offered the suggestion that if the Holiday Village plan does not work out that maybe the Chamber should pursue the traditional tree lighting ceremony on the Rohnert Park Expressway. Holiday (5) City Manager Netter advised that the Department of Public Patrol Safety has been requested to exercise some leniency over the Program holidays as has been done in prior years in the City's Holiday Patrol Program. Laguna Treatment Plant - Director of Public Works /City Engineer Brust was recognized and asked if the Councilmembers would be interested in a tour of the Laguna de Santa Rosa treatment plant. The Councilmmebers indicated that they would like to tour the facility and December 3rd or December 10th were suggested as possible dates. City Attorney's report - The City Attorney had nothing to report at this time. Matters from /for Council: Holiday (1) Councilmember Spiro suggested that in the future the Ribbons community might place a ribbon around the Public Safety Building on for the holidays. She has suggested to Chamber of Commerce Buildings representatives the placement of holiday bows on stores. The City might consider the purchase of a large artificial tree. This should be considered now for next year. Councilwoman (2) City Manager Netter referred to the listed items in Gallagher's Councilwoman Gallagher's request (a copy of which is attached to list of the original set of these minutes) and noted that he needed requests Council's direction in complying with some of the requests. Some of the items would take a lot of staff time, in excess of several hours. The City does not have the resources to comply with all the requests in a timely manner. He has responded to some of the requests. Crane Melon City Manager Netter referred to item #1 on the list regarding Festival Councilwoman Gallagher's request for a financial audit of the Audits Crane Melon Festivals. A letter will be written to comply with this item. Councilmember Spiro queried if the City is going to start asking all non - profit agencies for profit and loss statements from now on. D Rohnert Park City Council Minutes November 23, 1993 Business Councilwoman Gallagher responded that as for item #2, the Business Licenses License Department should provide all the business licenses from the year 1990 to present and that she has been informed that Department charges $75 for the printout. City Manager Netter explained that this report is quite extensive. It was suggested that if Councilwoman Gallagher desires this report that she can go to the Business License Department and review the listing there, but to call beforehand to give them notice. Agenda Mayor Hollingsworth advised that as for the item #3 regarding any Items items that may have been dropped off agendas, Councilwoman Gallagher is welcome to research her past agendas to obtain that information on her own. Volunteer City Manager Netter referred to item #4 on the volunteer center Center and advised that he is meeting with the seniors and will be reporting back to the full Council. Mayor Hollingsworth stated that the other requests listed in Councilwoman Gallagher's letter will be taken under advisement. Miscellaneous items: Low Emission (1) Councilmember Spiro queried about a letter from the Public Vehicles Utilities Commission regarding low emission vehicles. The City Manager replied that the City has one propane vehicle. New Garbage (2) Councilmember Spiro informed the Council that she received Provisions several calls from residents regarding the new garbage provisions. City Manager Netter advised that recycling information will be attached to the new cans. There is a hotline number. there will be a hotline number for them to call to express their concerns, to answer questions, and to change can size. Assistant to the City Manager Carl Leivo further explained the new provisions for the garbage service. He stated that he is working on a refined composting voucher program that will be brought back to the City Council. Closed (3) Councilwoman Gallagher alleged that a discussion was held in Session closed session before the last Council meeting at which the Discussion Council attempted to take care of public business in a private session. The discussion concerned the City Manager's decision to dismiss her from a meeting he had held with staff and citizens to discuss a gymnastics program. The City Manager requested the Council for policy direction in handling this type of situation. She has checked with several sources and has determined that this matter should have been brought up in the public session. She does not want this type of incident to happen again. 10 Rohnert Park City Council Minutes November 23, 1993 Discussion followed wherein Mayor Hollingsworth commented that the matter was brought up in private session because it was considered a personnel matter. The Council had directed the City Manager to work out the matter with staff and the citizens. Councilwoman Gallagher was not invited to attend the meeting. It was not a Councilmember's place to attend a staff level meeting, It is staff's job to run the City's business without being interfered with by the City Council. He stated further that it had previously been agreed by the Council that the meeting was a staff function and not a Council function. Councilwoman Gallagher reiterated that the matter should have been on the agenda as a public matter. It was not a personnel related item but a policy- setting item. She does not want to attend all staff meetings and that she was, in fact, invited to attend the gymnastics meeting. Discussion followed during which Councilman Reilly stated that Councilwoman Gallagher was directed not to attend the meeting. He stated that she is using the Council for her own personal advancement and is constantly running to the newspapers. He is tired of being abused by and lied to by Councilwoman Gallagher. At this point, Councilman Reilly excused himself and left the Council Chambers, the time being approximately 8:14 p.m. Councilman Eck stated that he feels Councilwoman Gallagher's goal is to embarrass the City and that she seems to operate on uproar. Agendas (4) Councilwoman Gallagher suggested that the Council agendas be published in the local newspaper. Wineries (5) Councilwoman Gallagher referred to a Wineries Association Association letter regarding use of library funds for a computer system. Expressway (6) Councilwoman Gallagher stated that she has spoken to Overpass Senator Milton Mark's staff, who assured her they will try to speed up work on the Expressway overpass. At this point in the meeting, the time being approximately 8:18 p.m., Councilman Reilly returned to the Council Chambers. Founders (7) Councilman Eck advised that he has spoken to representatives Days of the Founders Days Committee, who informed him that they are Fireworks lacking funds for fireworks. Mayor Hollingsworth suggested the Committee contact the Lake Tahoe Fire Department to inquire how they collect moneys to put on their displays each year. Councilman Eck suggested that perhaps fireworks booth owners could charge a surcharge to supplement the expense. 11 Rohnert Park City Council Minutes Novembcr 23, 1993 Stray (8) Councilman Eck noted that the shopping carts in the creeks are Shopping getting out of hand and that he feels the volunteer program is not Carts working out. City Manager Netter stated that this program will be due for a review in January. Holiday (9) Mayor Hollingsworth said he would like to take this Wishes opportunity to wish everyone a Happy Thanksgiving and Happy Holidays to all Rohnert Park residents and their families. Unscheduled Mayor Hollingsworth asked if anyone in the audience wished to make an appearance at this time. Golf Courses Mr. Sam Maddy requested that the Council set up a golf course committee to take a look at the shabby condition of the golf course at present. He said that in the spring and summer the course is in fairly good condition but that it is let go in the winter months. He stated that the poor condition of the courses makes the high rates questionable. Mayor Hollingsworth explained that he and Councilwoman Spiro constitute the Golf Course Committee and that they wil be meeting soon to review several concerns about the golf course. D.A.R.E. City Manager Netter said he wants to bring to the Council's Program attention a memorandum received from the new Director of Public Safety, Patrick Rooney, regarding the Drug Abuse Resistance Education (D.A.R.E.) program. He is putting a complete package together on this issue and will report on the proposed program at a future Council meeting; possibly the first meeting in January 1994. Adjournment There being no further items to discuss and no one else wishing to speak, Mayor Hollingsworth adjourned the meeting at approximately 8:25 p.m. Deputy City Clerk I 12 d.. Mayor L a'Aw copy to ea. Councilman Copy to COPY to n(V Y�V f r. G� is �t u� i,,,�vr -r. I ie Vi a r' AAA) fkr r r i el C