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Planning Commission By-Laws adopted Aug 2016RESOLUTION NO. PC 2016 -47 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION REPEALING ITS CURRENT BYLAWS AND ADOPTING SUBSTANTIALLY THE SAME BYLAWS INCLUSIVE OF CERTAIN MINOR REVISIONS WHEREAS, the City's adopted Policy No. C003, Policies and Protocols for City Council Meetings (Council Meetings Policy), requires that all of the City's Boards and Commissions adhere to the same policies and protocols that guide the Council's meeting operations; WHEREAS, the Commission's 2005 Bylaws were comprehensively updated on August 6, 2015 per Planning Commission Resolution No. 2015 -22 to be consistent with the relevant Council Meetings Policy sections, along with other necessary and desired changes; WHEREAS, the Commission, Secretary and Assistant City Attorney identified minor clarifying revisions after a year of working with the comprehensively updated bylaws. NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby takes the following actions: Section 1. The Planning Commission has determined this action to be exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(5), which exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Section 2. The 2015 Bylaws are entirely repealed. Section 3. Updated 2016 Bylaws in Exhibit A to this Resolution are adopted. The above environmental determination and actions are supported by the minutes, maps, and exhibits, all of which are herein incorporated by reference. PASSED AND ADOPTED this 41h day of August, 2016 by the following vote, to wit: Meet Ranu, AICP Secretary 414W.Aink BYLAWS FOR THE PLANNING COMMISSION August 4, 2016 Resolution No. PC 2016 -47 SECTION 1: AUTHORITY. TITLE AND ORGANIZATI 1. The Encinitas Planning Commission is established in accordance with Section 2.34 of the Encinitas Municipal Code. These Bylaws are governed by Section 2.34 and Section 2.30 Boards, Commissions and Committees as well as City Council Policies. In the event of a conflict between these Bylaws and Encinitas Municipal Code or Council Policy, Encinitas Municipal Code and Council Policy, in that order, shall control. 2. The official title of this Commission shall be "Encinitas Planning Commission ". The terms "Planning Commission" and "Commission ", where used in these Bylaws, refer to and mean the Encinitas Planning Commission. 3. The powers and duties of the Encinitas Planning Commission are set forth in Section 2.34.040 of the Encinitas Municipal Code. 4. The Encinitas Planning Commission shall consist of five members each representing one of the City's five communities. Qualifications and appointment procedures are detailed in Sections 2.30 and 2.34 of the Encinitas Municipal Code. 5. A quorum of the Commission shall consist of a majority of the five members. 6. At the first regular meeting in August, or the next regular meeting afterward if no regular meeting is held the first meeting in August, the Commission will appoint from among its members a Chair and Vice - Chair. The terms of these appointments shall end at the conclusion for the first regular meeting in August of the following year. 7. In the absence of both the Chair and Vice -Chair at any meeting, the Commission shall appoint a Chair pro -tem to conduct that meeting. In the absence of the Chair and Vice - Chair, the Commission Secretary shall call the meeting to order and immediately call for a motion to select a Chair Pro Tem. 8. The Director of the Planning and Building Department shall determine who serves as the Secretary to the Commission. The Secretary may, in performance of his or her duties, appoint a Deputy Secretary to perform the secretarial function for the Commission in his /her absence. 1 9. The Assistant City Attorney (or designated representative) shall act as Parliamentarian for the Commission and may be called upon by the Chair to rule on motions or decisions made. SECTION 2: DUTIES OF MEMBERS 1. It shall be the duty of each member to: A) Attend all meetings of the Commission. B) Act upon any committee to which appointed and report and prepare finding with the assistance of the City staff as from time -to -time may be required by the Chair. C) Become properly informed concerning the General Plan, Specific Plans, Design Guidelines, the Zoning Code, these Bylaws, and all matters which come before the Planning Commission. D) Be discreet in the discussion of pending matters outside regular or special meetings of the Commission and make no prejudicial comment in advance of official action of the Commission. E) Refrain from suggesting or directing design changes or modifications during any communication with the applicant (or applicant representative) outside the context of a meeting of the Planning Commission. Planning Commissioners may not meet with an applicant, applicant representative or any other stakeholder, including but not limited to property owners, neighboring residents, neighboring businesses, etc. All ex parte communications must be disclosed at the beginning of the hearing. F) Meet with staff and other City representatives as necessary to become informed of the facts regarding the business on the Planning Commission agendas. All requests to meet with City staff must be made to the Secretary. Commissioners may contact project planners directly for items on the posted agenda, provided they also inform the Secretary. G) Commissioners shall notify the Secretary if they will be absent or late to a meeting as soon as practicable. H) A Commissioner shall not purport to represent the whole of the Commission unless authorized to do so by the Chair, or decision of the Commission. 1) Commissioners should make every effort to meet with the Secretary or appropriate staff as designated by the Secretary the week of the meeting for at least 10 minutes via phone or a meeting to allow clarifying questions to be answered prior to the meeting. SECTION 3: RESPONSIBILITIES OF CHAIR 1. The Chair shall preside at and conduct all meetings of the Commission, administer all rules of the Commission, and rule upon motions, resolutions, or other business transacted by the Commission. The Vice -Chair shall, in the absence of the Chair, exercise all responsibilities of the Chair. The Chair may appoint such committees from among the members of the Commission as may be necessary to conduct the business and pursue the program and purposes of the Commission. 2. The Chair shall, when called upon, represent or appoint one of the members to represent the Commission before the City Council. Such representation shall reflect the view of the majority of the Commission on any particular matter upon which the Commission has acted. SECTION 4: DUTIES OF SECRETARY — OFFICIAL PAPERS PLANS AND CORRESPONDENCE 1. The Secretary is responsible for the preparation of the minutes of each meeting to report all actions and a brief account of the facts pertinent to the actions. Minutes shall be prepared as expeditiously as possible and copies thereof furnished to members of the Commission with distribution of agenda materials. Recorded tapes of meetings shall be retained by the Secretary in accordance with the record retention policy adopted by the City Council. 2. The Secretary shall have the authority to certify any action taken by the Commission as recorded in the minutes of the Commission or which is otherwise documented. Such certification shall constitute the official reporting by the Commission to fulfill all requirements of law excepting any law, rule, or request of the Commission that requires the signature of the Chair of the Commission. 3. The Secretary is authorized to draft or sign correspondence for the Commission and take all actions in an executive secretarial capacity for the Commission. The Chair may also prepare letters, memoranda and other correspondence at the direction of the Commission 4. The Secretary shall, make his or her best efforts, to provide to each member all supporting information, and minutes of the previous meeting, not less than six (6) calendar days prior to the day of the meeting. 3 5. The Secretary shall provide an orientation for new Commissioners as soon as possible following appointment by the City Council. 6. The Secretary will identify training and education opportunities for the Commission as may be accommodated by the adopted budget. SECTION 5: POLICIES AND PROTOCOLS FOR PLANNING COMMISSION MEETINGS 1. Placing Items on a Planning Commission Agenda To establish the procedures by which items are added to the Planning Commission agenda when requested by Planning Commissioners, staff, or the public. A. To Add Item during a Meeting to that Meeting's Agenda To add an item to a meeting in progress, the Brown Act requires 4/5 ths of the Planning Commission (or three if there are only three present) to find that the item came to the City's attention during the previous 72 hours and there is a need to take emergency action before the Planning Commission's next meeting. B. To Add an Item during a Meeting to a Future Agenda 1 The Chair gives an express, oral direction to the Secretary. If a Planning Commissioner disagrees with the Chair's direction to the Secretary, the Planning Commissioner can make a motion to vote on the addition. The vote is without the Planning Commission's discussion of the merits of the item or the basis of the request. 2. At the request of a Planning Commissioner, with the support of a second Planning Commissioner, an item will be placed on a future agenda. 3. Requests from members of the audience, after being authorized to speak, may be considered under the "Future Agenda Items Added by the Planning Commission" section of the agenda at the initiation of a Planning Commissioner with the support of a second Planning Commissioner. 4. The Chair may, with support of the majority of the Planning Commission, refer items to a Commission or Committee for further review. 4 C. Planning Commission Initiated Agenda Item 1. Planning Commissioners may add a Planning Commission Initiated Agenda Item to a Planning Commission Meeting agenda. 2. Planning Commission Initiated Items are prepared by the requesting Commissioner and require no staff time. 3. Planning Commission Initiated Items must be submitted to the Planning Commission Clerk no later than noon the Wednesday prior to the next Planning Commission meeting and are not reviewed by the Secretary prior to submission to the Planning Commission Clerk. D. Process for Developing Agendas 1. The Secretary is authorized to place items on agendas that are generated by City administrative requirements, laws, or City ordinances. E. List of Pending Agenda Items 1. The Secretary will maintain a list of pending agenda items that have been requested and agreed to, but have not yet been scheduled. 2. The list will be included as an attachment to the Planning Commission agenda with the Secretary's best estimate of when the item is likely to come before the Planning Commission. F. Removing or Continuing Items on the A. eq nda 1. An item shall be pulled from the agenda under "Changes to the Agenda" if a technical flaw, including but not limited to a flawed public notice, is identified. 2. A duly noticed item may be continued to a date certain or uncertain, if additional time is requested to address issues raised by staff or the applicant. An applicant may also request a continuance to a date certain if only three Commissioners are present for the hearing. This shall occur under "Changes to the Agenda" when the need for a continuance is known at or before the beginning of the meeting. 5 SECTION 6: PLANNING COMMISSION MEETING PROCEDURES It is the intent of the Planning Commission that rules be established for the management of Planning Commission meetings to ensure compliance with relevant laws and to conduct the public's business in an open, transparent, and efficient manner. The Planning Commission strives to ensure that business requiring Planning Commission deliberation and action is given priority in the planning and conduct of Planning Commission meetings, and that the public has the opportunity to make comments and provide input on any item of interest. A. Plannina Commissioners' Rules of Procedure 1. Procedural Rules: All meetings of the Planning Commission shall be conducted in an orderly manner designed to expedite the business of the Planning Commission. Robert's Rules of Order will be used as a guide to resolve questions of parliamentary procedures. The Assistant City Attorney shall serve as the Parliamentarian. 2. Consent Calendar: Those matters which are considered routine by the Secretary may be initially placed on the consent calendar. Before adopting the consent calendar, the Chair will ask members of the public if they wish to move an item from the consent calendar to the regular agenda. The Chair will then ask members of the Planning Commission whether anyone wishes to add an agenda item to the consent calendar or to move a matter from the consent calendar to the regular agenda. The Commission will then proceed with consideration of the remaining Consent Calendar. The consent calendar will be enacted upon with one motion. There will be no separate discussion of these matters. Items pulled from the consent calendar will be considered immediately following adoption of the remaining consent calendar, and staff reports will only be given if requested by the person who pulled the item. 3. Action of Planning Commission: The Planning Commission shall act by motion, motion to adopt resolution or motion, or may give direction to staff by consensus (minute order). Three votes are required for a motion to be approved. 4. Rules of Debate: Debate upon all matters pending before the Planning Commission shall be under the direct supervision of the Chair and conducted in such a manner as to expedite the business of the Planning Commission, subject to the procedural rules of the Planning Commission and Robert's Rules of Order. 0 5. Electronic Devices: The use of electronic devices for communication by the Planning Commissioners at the dais during Planning Commission meetings is prohibited (e.g., mobile phones, smart phones, tablets for e- mailing, text messaging, etc.) The limitation shall not apply to receipt of electronic communications in the event of an urgent family or personal matter. If, in the opinion of the Chair, a Commissioner's use of an electronic device is disruptive to the Planning Commission deliberations or disrespectful to the public, the Chair may request that the Commissioner cease his or her use of such device. Commissioners may use a tablet or laptop computer at the dais to view the electronic /digital agenda packet for that meeting and any official, public document posted or linked on the Planning and Building Department Internet site. 6. Remarks by Planning Commissioners: Every Planning Commissioner desiring to speak shall so indicate using the "request to speak" button on the display screen or otherwise address the Chair. Upon recognition by the Chair, the Planning Commissioner shall confine remarks to the item under consideration, avoiding remarks regarding the personalities involved and avoiding indecorous language. A Commissioner, once recognized, shall not be interrupted when speaking unless it is to call him /her to order. If a Planning Commissioner while speaking is called to order, the Planning Commissioner shall cease speaking until the question of order is determined. 7. Abstention Votes: Unless a member of the Planning Commission audibly votes in the negative, silence shall be recorded as an affirmative vote. An abstention shall be recorded as a vote with the majority. The Commissioner abstaining may state a short sentence explaining the reason for abstaining and this sentence shall be included in the minutes. (This assumes that the abstentions are not due to a conflict of interest. In a conflict of interest, the conflicted Commissioner leaves the room and is considered absent for purposes of both a quorum and a vote.) 8. Recusal: Any Commissioner who has, or believes they have the appearance of, a conflict of interest on any item shall state at the beginning of the hearing that they are recusing themselves for that item, briefly explain the reason for the recusal, and shall leave the Council Chambers immediately and shall not be included in the vote tally. Identifying a potential issue in the interest of transparency but for which the Commissioner states will not affect their impartiality and does not conflict with the Brown Act, Encinitas 7 Municipal Code or Council Policy may make a disclosure and affirmative statement of impartiality rather than recuse. If an objection to that Commissioner's continuing participation in the item is raised by another Commissioner or, during the public hearing, a member of the public, the Chair shall refer the concern to counsel for advice on how to proceed. If the matter involves the Chair, then the Vice Chair shall refer the concern to counsel. 8. Teleconferencing: Teleconferencing may be allowed at the discretion of the Chair and shall comply with associated Government Code regulations. 9. Tie votes: A motion fails on a tie vote. Identical or similar motions that result in repeated tie votes should be avoided so that the Commission can come to a decision. The Commission may continue an item once if it remains deadlocked, provided it articulates potential solutions or needs for more information such that further consideration of the project may occur at the subsequent continued public hearing. If the deadlock remains, the Secretary will propose a motion to the Chair to introduce to facilitate the Commission reaching a decision. 10. Continuances. The Commission may continue an item for any reason, provided the Commission states the reasoning for the continuance, which must include an explanation for why the continuance would potentially enable the Commission to obtain the additional information or project revisions they may need to reach a decision at the subsequent continued hearing date. Examples include but are not limited to a lack of remaining meeting time, request for more information and request for an applicant to make revisions to the project resulting from the public hearing. It is the Chair's discretion whether to ask the applicant for a voluntary continuance. The Chair will consult with the Secretary about whether to continue to a date certain or uncertain. B. Citizen Participation in Planning Commission Meetings — Oral Communications 1. At each regular Planning Commission meeting up to 30 minutes shall be reserved for Oral Communications subject to Planning Commission approval to allow for additional time, which may be placed at end of agenda. 2. The purpose of oral communications is to bring to the attention of the Planning Commission a matter or matters which do not appear on the agenda. Remarks shall be addressed to the Planning M Commission as a body and not to any member of the Planning Commission, staff or the public. State law prohibits Planning Commission action on non - agenda items because the public would be unaware prior to the meeting of any potential action. If needed, Oral Communication items will be referred to the Secretary either for resolution by administrative action or placement on a future agenda by the Chair or at the request of at least two Planning Commissioners. 3. Oral Communication speaker's slips will be available at the back of the Council Chambers to be filled out indicating a person's wish to address the Planning Commission under the agenda title "Oral Communications" and the subject on which the person wishes to speak. The slips will be accepted by the Planning Commission Clerk in the Council Chambers no earlier than 30 minutes before the start of the meeting. All oral communications speaker slips must be received by the Planning Commission Clerk by the start of oral communications. 4. The Planning Commission Clerk will review the slips. The Planning Commission Clerk will inform the Chair of the number of slips. If the number of speakers, at three minutes each, exceeds the 30 minute allotted time for Oral Communications, the Chair, in consultation with the Planning Commission, will determine the time allotted per speaker, extension of Oral Communications time, or continuation of remaining speakers to the end of the meeting. 5. Donations of time from one speaker to another speaker will not be permitted in Oral Communications. 6. Only the Chair shall respond to a speaker during Oral Communications. Discussion is not allowed under law. If a Planning Commissioner has a valid question to clarify the issue, the question will be directed through the Chair. C. Public Comment on Agenda Items 1. The public is allowed to comment on items which appear on the agenda. 2. Speaker slips will be available in the Council Chambers to be submitted by persons wishing to speak on an agenda item. The normal time allowed for a person to speak will be three minutes. Donation of time from one person to the person speaking on the item will be permitted with up to two time donations for a maximum of 9 minutes. The donor(s) must be present. The Chair 9 shall have the authority, with Commission consensus, to reduce equally each speaker's time to accommodate a larger number of speakers, or to limit the total speakers' time on an agenda item. 3. Speaker slips for agenda items will be accepted by the Planning Commission Clerk in the Council Chambers no earlier than one -half hour before the meeting and up until the public testimony on the item is finished. Included on the speaker slip shall be the option for an individual to register support or opposition but do not wish to speak (individual must be present). 4. Remarks shall be addressed to the Planning Commission as a body and not to any member of the Commission, staff or the public. No person shall enter into a discussion without the permission of the Chair. No questions shall be asked of a Planning Commissioner or staff member except through the Chair. The Chair may limit interaction between Planning Commissioners and public speakers to questions of clarification. 5. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of this nature, which is commonly 10 minutes. 6. Outside presentations shall be limited to 10 minutes maximum unless additional time has been requested through the Chair. D. Public Hearings 1. Public Hearings are occasions specifically for the purpose of obtaining public input. 2. Speaker slips will be available in the back of the Council Chambers to be submitted by persons wishing to speak at a public hearing. 3. Speaker slips will be accepted by the Planning Commission Clerk in the Council Chambers no earlier than one -half hour before the meeting and up until the public testimony on the item is finished. 4. The normal time allowed for a person to speak in a public hearing will be three minutes. The Chair shall have the authority, with Planning Commission consensus, to reduce equally each speaker's time to accommodate a larger number of speakers, or to limit the total speakers' time in a public hearing. 10 5. Donation of time from one person to another will be permitted with up to two time donations for a maximum of 9 minutes, when speaking in a public hearing. The donor(s) must be present. 6. If there is a group representing a common position, designation of a spokesperson is encouraged. The Chair may allot a fixed amount of time for presentations of this nature, which is commonly 10 minutes. 7. Applicant presentations may be a maximum of 10 minutes. The Chair may allow additional time for complex projects. If offered at the discretion of the Chair, closing statements may be a maximum of 3 minutes, unless the Chair grants additional time. 8. Applicant and speaker responses to Commissioner questions may only take the amount of time the Chair deems necessary to answer the question. F. Written Communications 1. Per Government Code Section 54957.5, any agenda related writings received by a majority of the Planning Commission within 72 hours before a regular meeting, must be distributed to all the Commissioners and a copy placed in the designated binder in the Planning and Building lobby. However, it is the City's practice to distribute all written correspondence received by any one Commissioner to all Planning Commissioners and correspondence pertaining to an agenda item, is also placed in a binder in the lobby. 2. Written communications may also be presented to the Planning Commission Clerk at Planning Commission meetings, as part of the record of the meeting and for distribution to the Commission. 3. Written communications submitted after the agenda packet is posted, but before the meeting begins, will be provided to the Commission at the beginning of the meeting. 4. Written correspondence directed to the Commission that is received prior to an agenda packet being posted shall be held by the Secretary and included for Planning Commission review as part of the agenda packet. 11 G. Minutes 1. The Planning Commission Clerk is instructed to prepare action minutes for each Planning Commission meeting. The Planning Commission Clerk shall add a brief description /topic for oral communication speakers, add any staff direction to the minutes that was a result of oral communication requests, add a one sentence statement as to why an item was removed from the Consent Calendar, and note whether the speaker was speaking in favor or opposition to agendized items. H. General Meeting Rules The Planning Commission is pleased to have people attend Commission meetings to participate in their local government. The following rules are established in order to insure an orderly meeting where all can exercise their rights of free speech: 1. No smoking, including electronic vapor inhalation devices. 2. No alcohol. 3. Signs limited to 8 -1/2" X 11" or smaller flexible paper without rigid support (due to safety concerns). 4. To assure that every speaker is listened to in a respectful manner, cheering, shouting or disruptive behavior shall not be tolerated. The Chair may direct appropriate remedial action if necessary. 5. In the interests of saving time, the Commission requests that the audience refrain from clapping for speakers. 6. No pets are allowed in Council Chambers. Service animals are permitted. 7. Disruptive or unruly attendees may be removed from the Council Chambers to the extent consistent with the Brown Act and applicable law or case law. Public Communication Guidelines 1. Welcome to our Planning Commission meeting. When addressing the Commission, please: • Address the Commission as a body, not individuals 12 • Clarify your goal /purpose at the outset • Respect the three - minute time limit -stop at the buzzer • The Commission may ask questions for clarification • No dialogue with Commissioners during oral communications • Be courteous, professional and respectful SECTION 7: REGULAR MEETING SCHEDULE AND TIME LIMITS 1. The Commission's regular meetings are scheduled for every first and third Thursday, beginning at 6 p.m. in the Encinitas Council Chamber. Special meetings may be called as needed, pursuant to the Government Code and Brown Act. 2. The Commission must move to extend the meeting beyond 10 p.m. At midnight, the meeting will be adjourned to the next meeting; no Planning Commission meeting may extend past midnight. 3. A public hearing may not begin after 10 p.m. if in the estimation of the Chair, or by vote of the Commission, it is unlikely to finish before midnight and would likely be continued due to a lack of time. The agenda order may be changed to allow subsequent items to be heard, if the Chair estimates that those items could be finished in time. An item that is continued due to a lack of time will be continued to a date certain. SECTION 8: ACTIONS OF THE PLANNING COMMISSION 1. Findings, supported by evidence, must be made for Planning Commission actions on quasi - judicial and legislative matters. Conditions and mitigation measures may be imposed to bring a project into full compliance with requirements or lessen potential impacts. 2. For actions involving a resolution, the Commission's action on that item is not official until memorialized by resolution. SECTION 9: ORDER OF BUSINESS FOR REGULAR MEETING 1. The following is the standard order of the agenda. The Chair may alter the agenda order. • Call to Order • Roll Call • Pledge of Allegiance • Oral Communications • Changes to the Agenda • Consent Calendar • Approval of Minutes 13 • Items Removed from the Consent Calendar • Regular Agenda (may include action, information and study session items) • Future Agenda Items Added by Planning Commissioners • Planning Commission and Deputy Director Reports • Adjournment 2. The following is the standard order of a public hearing item. The Chair may alter the order of testimony and Planning Commission discussion. • Chair introduces item • Summary presentation provided by staff • Questions of clarity asked of staff by Commissioners; no deliberation may occur • Applicant presentation • Questions of clarity asked of the applicant by Commissioners; no deliberation may occur • Public testimony received; Commissioners may request of the Chair to ask questions of clarity of the speaker; no deliberation may occur • Applicant closing statement, if offered by the Chair; no questions may be asked • Planning Commission deliberation; recall of applicant for questions is at the discretion of the Chair • Motion • Discussion on the motion; no recall of the applicant for questions may occur when a motion is on the floor 3. For an item docketed from the outset to be continued or removed from the agenda, no public testimony will be taken on that item. SECTION 10: CONDUCT OF COMMISSIONERS 1. The following guidelines apply to the conduct of Planning Commission members: • Articulate own perspective with respect • Focus on making "informed decisions" • Stay on topic- current agenda item • Ask questions for clarification - clarify the facts • Acknowledge legitimate disagreement • Respect the majority opinion • Be courteous, professional and respectful • Engage in respectful civil discourse and recognize that a difference of opinion and disagreement about conclusions reached is normal and acceptable ECTION 11: GENERAL FRAMEWORK OF ANNUAL REPORT AND WORK PLAN General Annual Report Format and Work Plan 1. Summary a. Overview and highlights 2. Introduction and Background a. Purpose of the Annual Report and Work Plan b. Acknowledgement of finite resources and establishing priorities c. About the Planning Commission 3. Prior Year Report on Accomplishments and Activities a. Implementation report on prior year Work Plan b. Docket statistics 4. Forward-looking Work Plan a. 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