HomeMy WebLinkAboutReso 44-04 IKEA Project EIR RESOLUTION NO. 44 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CERTIFYING A SUPPLEMENTAL ~NVIRONI~NTAL IMPACT REPORT
AND ADOPTING MITIGATION FINDINGS, FINDINGS REGARDING ALTERNATIVES,
A STATEMENT OF OVERRIDING CONSIDERATIONS AND
A MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE IKEA PROJECT PA 02-034
WHEREAS, 1KEA Property, Inc. submitted applications for an IKEA store, a retail center and
related improvements on a 27.54-acre site north of 1-580, between Arnold Road and Hacienda Boulevard.
The project proposes an approximately 317,000 square foot 1KEA store on the westerly portion of the
site, and an approximately 137,000 square foot retail center on the easterly portion of the site. The
development includes applications to amend the General Plan and Eastern Dublin Specific Plan from
Campus Office to General Commercial; to rezone the site to PD-Planned Development and adopt related
Stage 1 and Stage 2 Development Plans; to approve a Site Development Review and Master Sign
Program for the IKEA store; to approve a vesting tentative parcel map; and to approve a development
agreement for the IKEA store. The applications are collectively known as the "Project"; and
WHEREAS, the Project site is relatively flat and is vacant except for minor utility structures; and
WHEREAS, the project site is in Eastern Dublin for which the City adopted the Eastern Dublin
General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future
development of the area. In connection with this approval, the City certified a program EIR pursuant to
CEQA Guidelines section 15168 (SCH: 91103064, Resolution 51-93, and Addendum dated August 22,
1994, hereafter "Eastern Dublin EIR" or "program EIR') that is available for review in the Planning
Department and is incorporated herein by reference. The program EIR was integral to the planning
process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and
areawide mitigation measures for developing Eastern Dublin; and
WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and
related mitigation measures, which the City adopted together with mitigation findings and a Mitigation
Monitoring Program (Resolution 53-93), which mitigation measures and monitoring program continue to
apply to development in Eastern Dublin including the IKEA Project; and
WHEREAS, the Eastern Dublin EIR also identified potentially significant environmental impacts
that could not be avoided by mitigation and for which the City adopted a Statement of Overriding
Considerations in compliance with CEQA. Pursuant to a recent court decision, the City Council must
weigh the unavoidable impacts disclosed in the Eastern Dublin EIR that are applicable to the IKEA
project against its benefits through a new Statement of Overriding Considerations; and
WHEREAS, the City prepared an Initial Study for the IKA Project consistent with CEQA
Guidelines sections 15162 and 15163 and determined that a supplement to the Eastern Dublin EIR was
required in order to analyze substantial changes in circumstances and new information that could result in
new or potentially more significant impacts than identified in the Eastern Dublin EIR; and
WHEREAS, a Notice of Preparation dated September 22, 2003 was circulated with the Initial
Study to public agencies and interested parties for consultation on the scope of the supplemental EIR; and
WHEREAS, based on the Initial Study and responses to the Notice of Preparation, the City
prepared a Draft Supplemental EIR dated November 2003 (SCH No. 2033092076) which reflected the
independent judgment of the City as to the potential environmental effects of the Project. The Draft
Supplemental EIR was circulated for the required 45 day public review period, from November 19, 2003
to January 2, 2004; and
WHEREAS, the Draft Supplemental EIR identified significant Supplemental Air Quality and
Traffic impacts, most of which can be substantially reduced through mitigation measures; therefore,
approval of the project must include mitigation findings as set forth in attached Exhibit.b; and
WHEREAS, some of the Supplemental impacts cannot be lessened to a level of less than
significant; therefore, approval of the project must include findings regarding aitematives as set forth in
attached ~xhibit B, and must include a Statement of Overriding Considerations as set forth in attached
Exhibit C; and
WHEREAS, the City received five comment letters on the project during the public review period
and one letter after the public review period. The City prepared a Final Supplemental EIR dated January
2004 containing written responses to ali comments received during the public review period, and to the
comment letter received after the public review period, which responses provide the City's good faith,
reasoned analysis of the environmental issues raised by the comments; and
WHEREAS, the Planning Commission held a public hearing on the project on February 24, 2004
at which time they reviewed and considered the Draft and Final Supplemental EIRs, and ali reports,
recommendations and testimony before them. Following the public heating, the Planning Commission
recommended that the City Council certify the Supplemental EIR (Resolution 04-10, incorporated herein
by reference); and
WHEREAS, the City Council considered the Planning Commission minutes and
recommendation, a staff report, the Draft and Final Supplemental EIRs, and all written and oral testimony
at a duly noticed public hearing on March 16, 2004 at which time all in. rested parties had the opportunity
to be heard; and
WHEREAS, the Draft and Final Supplemental EIRs reflect the City's independent judgment and
analysis on the potential for environmental impacts and constitute the Supplemental Environmental
Impact Report for the IKEA Project; and
WHEREAS, the Draft and Final Supplemental EIRs are separately bound documents,
incorporated herein by reference, and are available for review in the City planning department, file PA 02-
034. The custodian of the documents and other materials which constitute the record of pro~.edings for
the IKEA project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin
CA 94568, Attn: Andy Byde; and
WHEREAS, a Mitigation and Monitoring Program, as required by CEQA, is contained in
attached Exh. ibit D.
NOW, THEREFORE, BE IT RESOLVED THAT the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED that the Dublin City Council certifies the following.
A. The Supplemental EIR for the IKEA project has been completed in compliance with CEQA, the
CEQA Guidelines and the City of Dublin Environmental Guidelines.
B. The Supplemental EIR for the IKEA project and the Eastern Dublin EIR were presented to and
reviewed by the City Council prior to taking action on the IKEA project.
C. The Supplemental EIR reflects the City's independent judgment and analysis as to the potential
environmental effects of the IKEA project.
BE IT FURTHER RESOLVED that the Dublin City Council adopts the mitigation findings set
forth in Exhibit A, the findings regarding alternatives set forth in Exhibit B, the Statement of Overriding
Considerations set forth in Exhibit C, and the Mitigation Monitoring and Reporting Program set forth in
Exhibit D, which Exhibits A, B, C and D are incorporated herein by reference
PASSED, APPROVED, AND ADOPTED this 16th day of March, 2004 by the following vote:
AYES: Councilmembers McCormick, Sbranti, Zika and Mayor Lockhart
NOES: Councilmember Oravetz
ABSENT: None
( yity Clelrk -
K2/G/3- 16-04/reso-IKEA-SEI~doc (Item 6.4)
EXHIBIT A to A TT ACHMENT 1
FINDINGS CONCERNING SIGNIFICANT IMPACTS AND MITIGATION MEASURES
5t.?"b
Pursuant to Public Resources Code section 21081 and CEQA Guidelines sections 15091 and 15163(e}, the City
Council hereby makes the following findings with respect to the potential for significant supplemental environmental
impacts from the IKEA project and means for mitigating those impacts. Many of the impacts and mitigation measures
in the following findings are summarized rather than set forth in full. The text of the Draft and Final Supplemental
EIRs (SEIRs) should be consulted for a complete description of the impacts and mitigations. Findings pursuant to
section 21081(c) relating to Project alternatives are made in Exhibit B.
Supplemental Impact AQ.1: Construction activities would have the potential to cause nuisance related to the
emission of dust and PM10.
SM-AQ-1. In addition to Mitigation Measure MM3.11/1.0 in the Eastern Dublin EIR, require construction contractors
to water or cover construction materials; to sweep daily all paved access roads, parking and staging areas; to install
sandbags or other erosion control measures. (DSEIR p. 32).
Findino. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially
lessen the significant supplemental effect identified in the SEIR.
Rationale for Findino. The additional construction controls will ensure that dust and silt are prevented from blowing or
running offsite.
Supplemental Impacts AQ-2, AQ.3; Project Emission increase thatwouidexceed the BAAQMD significance
thresholds for ozone precursors on project and cumulative levels:,
SM-AQ-2. In addition to Mitigation Measure MM 3.11/5.0-11.0 in the Eastern Dublin EIR, require a Transportation
Demand Management program with specified measures to provide transit and other facilities for alternatives to
automobile use. (DSEIR p. 32).
Findino. Changes or alterations have been required in, or incorporated into the Project. However, even with these
changes, the impact will not be avoided or substantially lessened. Therefore, a Statement of Overriding
Considerations must be adopted upon approval of the Project.
Rationale for Findino. The Eastern Dublin mitigations and the supplemental mitigation will reduce the emissions
generated by the project, but not by the 30% necessary to be below BAAQMD thresholds.
Supplemental Impact TRA.2: Cumulative impacts at study area intersections.
SM-TRA-2. Developer shall pay its proportionate share of installing a southbound-to-westbound right-turn lane at the
Dublin Boulevard/Arnold Road intersection. (DSEIR p. 66).
Findinq. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially
lessen the significant effect identified in the EIR.
Rationale for Findino. The added right turn lane will provide additional capacity for area traffic; a fair share payment
of fees reflects the project's contribution to the need for the additional capacity. .
Supplemental Impact TRA.3: Cumulative increase of Project related traffic on adjacent freeways.
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Mitiqation. No feasible supplemental mitigation measures are identified in the DSEIR. (DSEIR p. 67).
Findino. The identified impact will not be avoided or substantially lessened. Therefore, a Statement of Overriding
Considerations must be adopted upon approval of the Project.
Rationale for Findino. Mitigation measures for roadway and freeway improvements were adopted with the Eastern
Dublin EIR. The IKEA project is required to implement all applicable mitigations from the prior approvals, including
fair share payments for cumulative impacts and regional freeway improvements as further described in the DSEIR.
No supplemental measures are available to further reduce these cumulative impacts, therefore the supplemental
impact remains significant and unavoidable.
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EXHIBIT B TO ATTACHMENT 1
FINDINGS REGARDING ALTERNATIVES
The Eastern Dublin EIR identified four alternatives: No Project, Reduced Planning Area, Reduced Land Use
Intensities and No Development. The City Council found the No Project, Reduced Land Use Intensities and No
Development alternatives infeasible and then approved a modification of the Reduced Planning Area alternative. The
Supplemental EIR identified two new alternatives, the Reduced Intensity and the Mixed Use Development
Alternatives. The Supplemental EIR also updated the analysis of the No Project and No Development alternatives
that were in the Eastern Dublin EIR. These findings are for the Reduced Intensity and Mixed. Use Development
Alternatives and the No Project and No Development alternatives as revised by the Supplemental EIR. A complete
discussion of these alternatives is set forth in Section 5.0 of the Draft Supplemental EIR.
The City Council hereby concludes that the Supplemental EIR sets forth a reasonable range of altematives to the
IKEA project so as to foster informed public participation and informed decision making. The City Council finds that
the alternatives identified and described in the Supplemental EIR were considered and further finds them to be
infeasible for the specific economic, social,' or other considerations set forth below pursuant to CEQA section
21081 (c).
NO PROJECT ALTERNATIVE. DSEIR Section 5.3, pp. 84-85.
Findina: Infeasible. This alternative assumes the IKEA projectwould notbe built on the site; instead, any future
development would be pursuant to the existing Campus Office land use designations. Under this alternative,
development of the Project site would be similar in terms of land uses and densities, but with office development
instead of retail. As described in the DSEIR, this alternative would not avoid the Project's unavoidable air quality or
traffic impacts. Furthermore, this alternative is not feasible because there is a current market supply of office space
that Tar exceeds market demand Tor office space, and will continue to doso Tor well into the foreseeable future. It is
not anticipated that office development would be viable for this site for ten years or more. The Property owners within
major business parks such as Hacienda Business Park are actively converting office space uses to non-office uses
because of the lack of demand for office space.
NO DEVELOPMENT ALTERNATIVE. DSEIR Section 5.4, pp. 85-86.
Findlnq: Infeasible. This alternative assumes no development of the Project site; the site would remain vacant. All
of the Project's significant unavoidable impacts would be avoided; however, this alternative would not meet the
Project objectives of providing a retail destination on a site accessible by local and regional roadways and by transit
facilities. This alternative also does not meet the City's objectives as reflected in its long-range planning for the East
Dublin area generally and this site in particular. The General Plan and Eastern Dublin Specific Plan have
systematically planned for development of this site at urban intensities. In addition, the No Development Alternative
fails to provide needed employment opportunities and retail shopping opportunities as set forth in the General Plan
Eastern Dublin Specific Plan. .
REDUCED INTENSITY ALTERNATIVE. DSEIR Section5.5, pp. 86-87.
Findinq: Infeasible. This alternative reduces the commercial floor area ratio (FAR) to 0.25, near the minimum of the
intensity range for the General Commercial land use designations. This alternative would be approximately one-third
less square-footage than the Project, but would occupy the same area and the same development footprint as the
Project. Project and cumulative ozone precursor emissions for this alternative would likely be below BAAQMD
thresholds. TheProject's significant unavoidable freeway impacts would be reduced but not avoided with this
1
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alternative. This alternative will not provide the same job opportunities or create the same revenue for the City as the
Project. It also would not provide the potential development density consistent with the nearby transit oriented
development. In addition, development at the reduced intensity would fail to provide the range of restaurant and
retail opportunities that would be complementary to the nearby Hacienda Crossings development. Accordingly, this
alternative fails to satisfy the Project's objectives, including but not limited to developing a destination retail
experience that complements the nearby Hacienda Crossings retail center and other retailers in the area.
MIXED USE DEVELOPMENT ALTERNATIVE. DSEIR Section 5.4[sic], pp. 87-88.
Findinq: Infeasible. This altemative analyzes a mixed-use development project that would include high-density
apartment units, approximately 600,000 of office uses, and approximately 21,000 square feet of commercial uses.
Project and cumulative ozone precursor emissions would likely be below BAAQMD thresholds for this alternative.
The Project's significant unavoidable freeway impacts would be reduced but not avoided with this alternative. The
residential component of this alternative could result in noise and other impacts and is not consistent with the non-
residential uses planned for the site in the General Plan and Eastern Dublin Specific Plan. The residential and office
uses also do not further the Projeces objectives, including, but notiimited to developing a destination retail
experience that complements the nearby Hacienda Crossings retail center and other retailers in the area and adding
to the range of retail and restaurant opportunities in the City.
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EXHIBIT C TO ATTACHMENT 1
STATEMENT OF OVERRIDING CONSIDERATIONS
1. General. Pursuant toCEQA Guidelines section 15093, the City Council of the City of Dublin adopted a Statement
of Overriding Considerations for those impacts identified in the Eastern Dublin EIR as significant and unavoidable.
(Resolution 53-93, May 10,1993.) The City Council carefully considered each impact in its decision to approve
urbanization of Eastern Dublin through approval of the Eastern Dublin General Plan Amendment and Specific Plan
project. The City Council is currently considering the IKEA project north of Hwy. 1-580, west of Hacienda Crossings.
The project proposes to change the land use designations from Campus Office to General Commercial, to develop
an IKEA store on the westerly portion of the site, and to provide for future development of "lifestyle" retail center on
the easterly portion of the site. The City prepared a Supplemental EIR for the IKEA project which identified
supplemental impacts that could be mitigated to less than significant. The Supplemental EIR also identified
supplemental Air Quality and Traffic impacts that could not be mitigated to less than significant.
The City Council adopted a Statement of Overriding Considerations with the original land use approvals for
urbanization of Eastern Dublin. Pursuant to a recent court decision, the City Council must adopt new overriding
.considerations for the previously identified unavoidable impacts that apply to the IKEA project. 1 The City Council
must also adopt overriding considerations for the supplemental impacts identified in the Supplemental EIR as
significant and unavoidable. The City Council believes that many of the unavoidable environmental effects identified
in the Eastern Dublin EIR and the Supplemental EIR will be substantially lessened by mitigation measures adopted
with the original Eastern Dublin approvals and by the environmental protection measures adopted through the IKEA
approvals, and the related Conditions of Approval, to be implemented with the development of the project. Even with
mitigation, the City Council recognizes that the implementation of the project carries with it unavoidable adverse
environmental effects as identified in the Eastern Dubiin EIR and the IKEA SuppiementalEIR The City Council
specifically finds that to the extent that the identified adverse or Dotentiallyadverse impacts for the IKE.t\proiect have
not been mitigated to acceptable levels, there are specific economic, social, enVIronmental, land use, and other
considerations that support approval of the project.
2. Unavoidable Sianificant Adverse Impacts from the Eastern Dublin EIR. The following unavoidable significant
environmental impacts identified in the Eastern Dublin EIR for future development of Eastern Dublin apply to the
IKEA project.
Land Use Impact 3.1/F. Cumulative Loss of Agricultural and Open Space Lands; Visual Impacts 3.8/8; and,
Alteration of Rural/Open Space Character. Although considerable development has occurred throughout the project
area, the site is presently undeveloped land, and has some minimal open space character. Future development of
the IKEA site will contribute to the cumulative loss of open space land.
Traffic and Circulation Impacts 3.3/8, 3.3/E. 1-580 Freeway, Cumulative Freeway Impacts: The Traffic Study
prepared for the IKEA project and the Dublin Transit Center EIR update cumulative, impacts to the 1-580 and 1..680
freeways from development in Eastern Dublin. While city street and interchange impacts can be mitigated through
planned improvements, transportation demand management, the 1-580 Smart Corridor program and other similar
measures, mainline freeway impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin
EIR. Future development on the IKEA site will incrementally contribute to the unavoidable freeway impacts.
Traffic and Circulation Impacts 3.3/1, 3.3/M. Santa Rita Road/l-580 Ramps, Cumulative Dublin Boulevard Impacts:
The IKEA project will be required to implement all applicable adopted traffic mitigation measures, including
1 "... public officials must still go on the record and explain specifically why they are approving the later project
despite its significant unavoidable impacts." (emphasis original.) Communities for a Better Environment v. California
Resources Aaencv 103 Cal.App. 4th 98, _ (2002).
1
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contributions to the City's TIF program; however even with mitigation these impacts continue to be identified as
unavoidable, as anticipated in the Eastern Dublin EIR.
Community Services and Facilities Impact 3.4/S. Consumption of Non-Renewable Natural Resources andSewer,
Water; and Storm Drainage Impact 3.5/F, H, U. Increases in Energy Usage Through Increased Water Treatment,
Disposal and Operation of Water Distribution System: Future development of the IKEA project will contribute to
increased energy consumption.
Soils, Geology, and Seismicity Impact 3.618. Earthquake Ground Shaking, Primary Effects: Even with seismic
design, future development of the IKEA project could be subject to damage from large earthquakes, much like the
rest of the Eastern Dublin planning area.
Air Quality Impacts 3.11/A, B, C, and E. Future development of the IKEA project will contribute to cumulative dust
deposition, construction equipment emissions, mobile and stationary source emissions.
3. Unavoidable Sianificant Adverse Impacts from the.IKEA Supplemental EIR. The following unavoidable
significant supplemental environmental impacts were identified in the Supplemental EIR for the IKEA project.
Supplementa/lmpacts AQ-2, AQ-3. Project emission increase that would exceed the BAAQMD significance
thresholds for ozone precursors on project and cumulative levels. Even with implementation of the previously
adopted mitigation measures and the additional mitigation measures in the Supplemental ErR, project and cumulative
precursor emissions will exceed BAAQMD thresholds.
Supplementa/lmpact TRA-3. Cumulative increase of Project related traffic on adjacent freeways. Even with
implementation of the previously adopted mitigation measures, including fair share contribution to regional traffic
improvements, the project will contribute to significant and unavoidable cumulative freeway impacts.
4. Overridino Considerations. The City Council previously balanced the benefits of the Eastern Dublin project
approvals against the significant and potentially significant adverse impacts identified in the Eastern Dublin EIR. The
City Council now balances those unavoidable impacts that apply to future development on the IKEA site as well as
the supplemental unavoidable impacts identified in the Supplemental EIR, against its benefits, and hereby
determines that such unavoidable impacts are outweighed by the benefits of the IKEA project as further set forth
below.
The project will further the urbanization of Eastern Dublin as planned through the comprehensive framework
established in the original Eastern Dublin approvals. The development of an IKEA store and "lifestyle" retail center
will complement the existing range of retail opportunities in Eastern Dublin. These uses will provide a source of
attractive, well priced home furnishings, pedestrian-oriented retail center, and restaurant opportunities that will help
establish Dublin as a centerfor destination shopping. The Project will provide new shopping and restaurant
opportunities not yet available in this part of Dublin, within a short distance of existing retail opportunities, thus
leading to an increase of shoppers for all businesses in the area. Additionally, the Project will be within walking
distance of transit facilities and the higher density residential development. existing and planned nearby.
The Project will further the General Plan objective of providing a broad range of non-residential uses, including retail
commercial, in Eastern Dublin. The project is consistent with Guiding Policy 2.2.4, which encourages "development
of a full range of commercial and employment-generating uses in the Eastern Extended Planning Area that will meet
the needs of the City and the surrounding Tri-Valley area." This Project provides a much needed retail center
convenient to existing and planned future residential uses.
The project furthers the East Dublin Specific Plan goal to provide for a balanced mixed use community by
establishing "an attractive and vital community that provides a balanced and fully integrated range of residential,
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commercial, employment, recreational, and social opportunities." (Section 4.3.2, p. 32). The project also furthers the
Specific Plan goal for commercial land use, to serve "the shopping, entertainment and service needs of Dublin and
the surrounding area." (Section 4.5, p. 36). The IKEAproJect helps the City achieve these goals by providing a
variety of commercial, employment and social opportunities in a retail setting. The project also meets Policy 4-12 to
"concentrate regionally oriented commercial uses south of Dublin Boulevard and near freeway interchanges where
convenient vehicular access will limit traffic impacts on the rest of eastern Dublin."
The proximity of the Project site to the Highway 1-580 and Hacienda Drive interchange is consistent with the General
Plan and Eastern Dublin Specific Plan goals and policies and facilitates efficient transportation. The Project will
provide a "destination retail" experience on a visually prominent site accessible from major regional transit and traffic
corridors. The site will be developed in a landscaped and "pedestrian-friendly" fashion, with restaurants and related
leisure services to' heighten the shopping experience. The combination of the IKEA store with the "lifestyle" retail
center will offer a shopping experience complementary to the nearby Hacienda Crossings retail center and add to the
range of retail and restaurant opportunities available to the shopper in Dublin.
The Project will provide significant fiscal contributions to the City. There will be a strong property tax income stream
from the high value developments on the IKEA and retail center sites. Both retail operations will generate substantial
sales tax revenue to the City that would not occur with office uses.
G:\PA#\2002ID2-034 IKEAICity Council\ikea.cc.soc.03D404.doc
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