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2010 06 01 CCCALL TO ORDER Roll Call: Council Members ea# 4 4 adja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 TUESDAY, JUNE 1, 2010 SPECIAL MEETING — 1:00 P.M. Beginning Resolution No. 2010-038 Ordinance No. 481 Evans, Franklin, Henderson, Sniff, and Mayor Adolph PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS LA QUINTA LIBRARY AND MUSEUM QUARTERLY REPORT FOR JANUARY THROUGH MARCH 2O10. WRITTEN COMMUNICATIONS — NONE City Council Agenda 1 June 1, 2010 APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MAY 18, 2010. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 1, 2010. 2. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 3. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 33954, PHOENIX ROW III, LLC. 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR PARCEL MAP 33954, PHOENIX ROW III„ LLC. 5. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR DESIGN AND CONSTRUCTION OF THE MONROE STREET PAVEMENT REHABILITATION IMPROVEMENTS, APPROPRIATION OF FUNDING, APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND AUTHORIZATION TO ADVERTISE FOR BID THE MONROE STREET PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2009-21. 6. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO ADVERTISE FOR BID THE JEFFERSON STREET PARKWAY LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009-16B. 7. APPROVAL TO EXCUSE COMMISSIONER IMARIA PUENTE'S ABSENCE FROM THE JUNE 17, 2010, HISTORIC PRESERVATION COMMISSION MEETING. 8. APPROVAL OF REVISIONS TO JOB DESCRIPTIONS FOR ECONOMIC DEVELOPMENT PROJECT MANAGER AND MANAGEMENT ASSISTANT. 9. APPROVAL OF EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. 002 City Council Agenda 2 June 1, 2010 10. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION FOR FISCAL YEAR 2010- 2011. 11. APPROVAL OF REQUEST FOR PROPOSALS FOR THE DESIGN AND PAINTING OF SIGNAL BOXES AND ELECTRICAL SERVICE CABINETS AT VARIOUS NORTHERN CITY LOCATIONS. 12. APPROVAL OF A LEASE AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT FOR USE OF THE WELL SITE AT PIONEER PARK. 13. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID THE SPORTS COMPLEX REHABILITATION, PROJECT NO. 2007-19. 14. APPROVAL OF OVERNIGHT TRAVEL FOR ASSISTANT CITY MANAGER - DEVELOPMENT SERVICES TO ATTEND ARBITRATION HEARING IN SAN FRANCISCO, MAY 17-18, 2010. 15. APPROVAL OF APPROPRIATION OF FUNDING WITH PW CONSTRUCTION APPROVED ON MAY 4, 2010. 16. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE MEETING TO BE: HELD IN SACRAMENTO, CALIFORNIA, JUNE 17, 2010. 17. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES BOARD OF DIRECTORS MEETING TO BE HELD IN RIVERSIDE, CALIFORNIA, JULY 8-10, 2010. 18. AUTHORIZATION OF OVERNIGHT TRAVEL FOR FOUR MEMBERS OF THE CITY COUNCIL TO ATTEND THE 2010 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD IN SAN DIEGO, CALIFORNIA, SEPTEMBER 15-17, 2010. 1 003 City Council Agenda 3 June 1, 2010 BUSINESS SESSION CONSIDERATION OF AN EXTENSION OF THE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY FOR MANAGEMENT OF THE LIBRARY AND MUSEUM. A. MINUTE ORDER ACTION 2. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 2, SECTION 2.95.030 (MEMBERS) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO THE COMMUNITY SERVICES COMMISSION. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING. 3. CONSIDERATION OF APPOINTMENTS TO VARIOUS CITY BOARDS, COMMISSIONS, AND COMMITTEES. A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (EVANS) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 004 City Council Agenda 4 June 1, 2010 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT A. GENERAL PLAN MONTHLY UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL RECESS TO CLOSED SESSION THEN ADJOURN AND NOT RECONVENE AT 7:00 P.M. UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED 7:00 P.M. PUBLIC COMMENT PUBLIC HEARINGS - NONE City Council Agenda 5 •,,. f' O C. 5 June 1, 2010 CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. EVALUATION OF CITY ATTORNEY PERFORMANCE PURSUANT TO GOVERNMENT CODE SECTION 54957. ADJOURNMENT An adjourned meeting of the City Council will be held on June 3, 2010, commencing at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. The next regular meeting of the City Council will be held on June 15, 2010, with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, Lai Quinta, CA 92253. r 0r6 City Council Agenda 6 June 1, 2010 DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of June 1, 2010, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on May 28, 2010. DATED- May 28, 2010 VERONICA J. ONTECINO, City Clerk City of La Q nta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, eXhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 1, �D7 City Council Agenda 7 June 1, 2010 PRESENTATION: La Quinta Public Library Quarterly Report January 2010—March 2010 Circulation The La Quinta Public Library circulated 72,353 items in the Third Quarter of 2009- 2010. This is an increase of 16,145 items —or 2.2% over the same period of 2008-2009. The average hourly circulation is 114 items. Public Computer Usage During this quarter, 11,909 computer sessions were logged on the library's 28 public access computers. Public computers are used by all ages and provide an important connection for tourist and short-term visitors to keep in touch with work, family, or to checking travel arrangements. The library also provides free Wi-Fi access for residents and visitors with laptop computers. Donr Cnunt This quarter 90,431 people visited the library to check out materials, read newspapers and magazines, utilize the Internet service, attend programs, and purchase books from the Friends of the Library Book Store. This is a 44% increase over Third Quarter of 2008-2009. New Borrowers La Quinta Library registered 971 new borrowers during the third quarter. An additional 502 people came into the library to replace lost cards. Programming A Preschool Storytime for children 3'/z to 5 years old was held 13 Tuesday mornings during the quarter. A total of 715 children attended. A weekly On -the -Lap Storytime Program for parents with babies and toddlers was held prior to the Preschool Storytime. The 13 programs were attended by 617 participants. A Saturday morning program, Baby Play and Sign, is for babies and their parents with a focus on family communication and interaction using Baby Sign. Eleven programs were presented with 310 participants. An Evening with Friends is a monthly adult program sponsored by the Friends of the Library. One hundred seventy-two people attended the last three programs in the series. A special program was held in February to unveil new art panels in the Story Room. An audience of 183 people enjoyed refreshments and listened to music provide by students from two local elementary schools. VniuntPrrs During this quarter 47 volunteers donated 602 hours of time. Volunteers worked in the book store, shelved returned books in the library, helped with programs, and performed a myriad of other tasks. Friends of the Library The La Quinta Friends of the Library continue to offer support in all areas. In addition to hosting the Evening with Friends series of programs, the Friends purchased four cherry wood shelving units to hold CDs. Outreach to Students In addition to classes from public schools the library provided outreach to private and home school students. Bermuda Dunes Childcare Center and Christian School of the Desert brought classes to the library. The library also provided library tours to both students and parents from the Home School Network and the English as a Second Language adult classes from Gerald Ford Elementary School. Networking with other City Agencies The Library and Senior Center joint mystery book club began in September and continued through February. The library provides books and discussion topics while the Senior Center provides speakers to give background on the subjects. Plans are in progress for additional collaborations in the fall. The library also provides a monthly preschool story time at the museum. Ong Estimated La Quinta Library Expenditures July 1, 2009 - March 31, 20110 Lib rhY r r�ntract . t4Pet�di 0r�s LSSI Expenditure $ 127,019 $ 124,151 $ 105,482 $ 356,652 Library Materials $ 32,935 $ 11,797 $ 4,816 $ 49,548 Total Library Contract Expenditures $ 159,954 $ 135„948 $ 110,298 $ 406,200 my Exp r 1ar�� Personnel $ 48 $ 5 $ 985 $ 1,038 Insurance $ 3,420 $ 3„421 $ 3,421 $ 10,263 Miscellaneous Expenses $ 332 $ 185 $ 712 $ 1,229 Special Program Expenses $ 18,216 $ 21.500 $ 3,784 $ 24,499 Accounting Costs $ 405 $ 1 $ - $ 406 Travel and Conferences $ 67 $ $ 16 $ 83 Support Services $ 21,339 $ 54253 $ 32,324 $ 108,416 Total County, Expenditures $ 43,827 $ 60,865 $ 41,242 $ 145,934 TOTAL EXPENDITURES $ 203,781 IT 196„813 1 $ 151,539 $ 552,134 010 La Quinta Museum Quarterly Report January 2010—March 2010 Visitors The 2,657 people who visited the museum this quarter ranged from school -aged children to adults. This represents an increase of 73°ro over the previous quarter. Exhibits The exhibits on display this quarter included The Sweet Spot, Riding the Rails, Visions Past & Present of the Salton Sea, and Women in Flight. The La Quinta Museum collaborated with the La Quinta Historical Society and the La Quinta Arts Foundation to produce the Sweet Spot exhibit. The La Quinta Museum also worked closely with the Texas Women's University Library and the Bob Hope Classic, as well as private collectors, to produce these exhibits. Programming Preschool Story Time for children ages 3-5 was held the first Wednesday of February and March for a total of 2 sessions. One hundred -twelve children attended these programs. The story time programs were a collaboration between the La Quinta Museum and the La Quinta Library. The museum's other special events attracted a total of 641 visitors. Topics of these events included: The Sweet Spot opening reception, The First Tee, Visions Past & Present of the Salton Sea opening reception, La Quinta's Golf Legacy, Larry Bohannan Bob Hope Classic book signing, First Friday with the E&J Movement, Women in Flight opening reception, William Blake and the Geology of the Salton Sea, First Friday with the Ted Herman Orchestra, Gayle Brandeis book signing and Desert Wildflowers. The La Quinta Museum hosted two field trips from local elementary schools this quarter with a total of 53 children visiting the facility. OSHER classes resumed at the La Quinta Museum bringing 685 visitors to the museum. Volunteer Hours During this quarter five volunteers donated 82 hours of their time to the museum. Volunteers greeted visitors at the reception desk and helped set up for special events held at the museum. Gift Shop Total sales in the gift shop this quarter was $1,471.66. The La Quinta Museum saw an increase in sales of 53% over the previous quarter. The gift shop added new merchandise including plush animals, note cards, books, puzzles and more. Estimated La Quinta Museum Expenditures July 1, 2009 - March 31, 20110 Pray a mmL, HINE!timoms= Special Speaker 1,250 4,100 5,350 Printing 2,173 2,026 793 4,992 Total Museum Programming Cost 2,173 3,276 4,893 10,342 �!�(d'J�gtOsFi �fy�Y�+(:4;.�_. . 1 •. i��ui.-,. •�-1Y4 OF �Q;,�i�bill . Miscellaneous • •� TOTAL EXPENDITURES 37,255 35,!520 47,788 120,563 o..r 012 F u S CFhf OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 1, 2010 BUSINESS SESSION ITEM TITLE: Demand Register Dated June 1, 2010 CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated June 1, 2010 BACKGROUND: Prepaid Warrants: 87387 - 87416) 35,066.70 87417 - 87450} 110,420.57 Voids} (3,664.00) Wire Transfers} 169,994.15 P/R 36057 - 36067 222,244.50 P/R Tax Transfers} 63,648.98 Payable Warrants: 87451 - 87562) 994,714.27 $1,592,425.17 FISCAL IMPLICATIONS: Demand of Cash -City $1,342,708.88 Demand of Cash -RDA $249,716.29 Demand of Cash - HA $0.00 f� John M. Falconer, Finance Director 013 CITY OF LA QUINTA BANK TRANSACTIONS 5112/10 - 5/25/10 5114/10 WIRE TRANSFER - ICMA 5/14/10 WIRE TRANSFER - PERS 5/18110 WIRE TRANSFER - TASC 5/19/10 WIRE TRANSFER - LANDMARK $13,413.75 $23,626.47 $1,530.76 $131,423.17 TOTAL WIRE TRANSFER OUT $169,994.15 014 + P O O b b o ua w r ❑ o b b 0 0 r P 0 0 O 2r b m N N M b O ID r b W N K ' U F- � O P IZ P O N M fV O m O W > ❑❑ oz wr w 0 ao a w rz z w z z ,. z❑a o z .=w ❑ 1¢ z. o o .. n m mm 0 0 0 0 0 0 o m b b M I11 N m N b O 1 \ 00 IfIrN mm bMOPP UI 1p rn Qv o0 000 bb Obob �t �?btiNMNMNn u W U u U N r v v r N 0 b b r l r r b b b b 0 0 0 0 0 r r N P m P Q ZN r bb O1pb mm rMNNIp NN MM bb 00 000 NVOPn41bM a �Qp' �•+ MbP W MP 00 NN MM VmCJ 00 rP.1-+w .+ Nv r � F- LL I •+ .i ti ti N N Y'1 .r .a n �i N I E LL W Z � M O O O O O ti H ti 1[I O IN rl 00 M O O O If1 If1 U11f1 Ifl M M Ifl lfl O I r III . . . . . . . . . . mm P O.-r .aN b O b O mm M pIf m bbbbbbbb bl(1 K 1f1 �t �t �t vvvM W M 1f1 v�? v �?vv WwIf11f. 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G S Fy OF 1% AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 1, 2010 BUSINESS SESSION: ITEM TITLE: Approval of the Declaration of Surplus CONSENT CALENDAR: Property STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and authorize staff to place a legal notice in The Desert Sun. In the event no bids are received for an item, the surplus equipment will be placed with an educational organization or discarded by legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: ►ne m BACKGROUND AND OVERVIEW: The City has accumulated surplus, obsolete and non-functional property items over the last several years. The equipment has little or no market value. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Declaration of Surplus Property as outlined above; or 2. Do not approve the Declaration of Surplus Property; or 056 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: /Thomas P. Genovese, City Manager Attachment: 1. Declaration of Surplus Property •,e.. 057 2 ATTACHMENT 1 ft } O M N O) M N N l0 co n)naoao)nm nmao nm Y Y Y Y Y Y OOO >O> >O> >O> 00 0 N N N>> N N f� N> w> o > fq > c C 0 O m m m m m m V 0 � 0 0 (0 M U M O) LL (D Lo i0 On It O^ It O^ M O coO n O O Z ^ It (0 -t O N O O N_ N N l0 O N O N N N N O N a) N O J. w w w V w 000 l0 O) M N 00 LO .Q -t � � � d' l0 � 00 N O) LO 00 O O LO O) D) d' O) 00 0) M N O) O 0) U x W N N (h N N N N N M N O N 0 0000000000 n 0 (q (O � G = 0000000000 J co0 N D O O ~ U J F- w a d d a a O O O a>>>>>>>>> a o. o. o. o. o. a o. o. o. 'E., m m m v E E E E E E E E E E o o o c c c Wi0000UU0U00 O O O O 0 0 0 0 0 0 g g g d n`. a` G m m ' N N N N N N N N O O L L L L L L L L a` a` O D W..U(:ICnC7C7UUC7 N N 0UU 0 r, a 00 00 .1 00 00 00 00 't L L J J J O O n 0 N .- .- .- N 0 (D O �0LL LP) LPL s n. aaaaaaaNN �t �t a a rr »»»>»> » m i be m 3 m 3 m 3 m 3 m 3 m 3 m 3 m 3 m 3 m 3 m 3 ma) 3 d y y c m m m m m m m 0 0 0 m a) O m m o m m m m m m m m m m m m Q J J m 2 2 n. 058 3 ƒ — co 2 \ t \ k / \ \ \ \ £2« , . = oo \ \ \� \§ A & ( /R 00 ) /Lo Lo uj to k �f IL // �>o\\ /\/uu \0 & zM i3 2 e] 0 => co � 00 3(DCL $/\ f— Co d04 \ « r = LU J \\ // / 0LL 059 2 oF4Qumr�, COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Parcel Map No. 33954, Phoenix Row III, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 12, 2011 for Parcel Map No. 33954, Phoenix Row III, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33954 consists of three parcels located north of Calle Amigo and east of Avenida Bermudas (Attachment 1). On June 12, 2008, Phoenix Row III, LLC entered into an SIA for Parcel Map No. 33954. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to 061 changes in standards or conditions affecting or affected by the improvements. " On May 19, 2009, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to June 1:2, 2010. In a letter received by the City on May 11, 2010 (Attachment 2), the developer, Francis La Branche, Jr., requests a time extension to complete the on -site improvements due to adverse economic conditions. The developer anticipates commencing this project when the economic climate improves. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA to June 12, 2011. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to June 12, 2011 for Parcel Map No. 33954, Phoenix Row III, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to June 12, 2011 for Parcel Map No. 33954, Phoenix Row III, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, imothy . Jo s on, P.E. Public Works D ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 962 Attachments: 1. Vicinity Map 2. Letter from Francis La Branche, Jr. received on May 11, 2010 063 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 12, 2011 FOR PARCEL MAP NO. 33954, PHOENIX ROW III, LLC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 33954 on June 12, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 12, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to June 12, 2011 . Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June: 12, 2011. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. .. ^ 064 Resolution No. 2010- Parcel Map No. 33954, Adopted: June 1, 2010 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 151 day of June 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 PARCEL MAP NO. 3:3954 CALLE I TAMPICO w cn > o � AVENIDA LA FONDA w m Q m J Z U W Q CALLE HIDALGO CALLE BARCELOL�LjESITEcALLIAMIGAVENIDA SINALOA , AVENUE VICINITY MAP NOT TO SCALE ITEM TITLE: Adoption of a Resolution to Extend the Time for °4o Completion of the On -site Improvements for Parcel Map No. t1, 33954 APPLICANT: Mr. Francis La Branche, Jr, Phoenix Row III, LLC �...n 066 ATTACHMENT 2 25 Bay Street Northfield, NH 03276 April 27, 2010 RECEIVED Timothy Jonasson, P.E. Public Works Director, City Engineer MAY 1 1 2010 La Quinta CA 92247-1504 Development, ser km Dear Mr. Jonasson, The purpose of this letter is to request an extension of a subdivision improvement agreement for off -site and on -site improvements for parcel map 33954, due to adverse economic conditions. I anticipate commencing and completing this project when the economic climate improves in the future. Sincerely yours, y. Francis La Branche, Jr. Manager COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Parcel Map No. 33954, Phoenix Row III, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR:^ STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 12, 2011 for Parcel Map No. 33954, Phoenix Row III, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33954 consists of three parcels located north of Calle Amigo and east of Avenida Bermudas (Attachment 1). On June 12, 2008, Phoenix Row III, LLC entered into an SIA for Parcel Map No. 33954. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to �:�68 changes in standards or conditions affecting or affected by the improvements. " On May 19, 2009, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to June 12, 2010. In a letter received by the City on May 11, 2010 (Attachment 2), the developer, Francis La Branche, Jr., requests a time extension to complete the off -site improvements due to adverse economic conditions. The developer anticipates commencing this project when the economic climate improves. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA to June 12, 2011. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to June 12, 2011 for Parcel Map No. 33954, Phoenix Row III, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to June 12, 2011 for Parcel Map No. 33954, Phoenix Row III, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, T othy . J nas o P.E. Public Wor Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager ,,69 Attachments: 1. Vicinity Map 2. Letter from Francis La Branche, Jr. received on May 11, 2010 070 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 12, 2011 FOR PARCEL MAP NO. 33954, PHOENIX ROW III, LLC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 33954 on June 12, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 12, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to June 12, 2011. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 12, 2011. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 71 Resolution No. 2010- Parcel Map No. 33954, Adopted: June 1, 2010 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1" day of June 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California ,. '72 ATTACHMENT 1 PARCEL MAP NO. 33954 CALLE HIDALGO S AVENIDA SINALOA C CALLE I TAMPICO w U) 7 0 � AVENIDA LA FONDA w m --i�5`L AV -EN uJE NITY NOT TO SCALE ITEM TITLE: Adoption of a Resolution to Extend the Time for o Completion of the Off -site Improvements for Parcel Map No. 33954 APPLICANT: Mr. Francis La Branche, Jr, Phoenix Row III, LLC 1173 ATTACHMENT 2 Timothy Jonasson, P.E. Public Works Director, City Engineer La Quinta CA 92247-1504 Dear Mr. Jonasson, MAY I 1 2010 Development services 25 Bay Street Northfield, NH 03276 April 27, 2010 The purpose of this letter is to request an extension of a subdivision improvement agreement for off -site and on -site improvements for parcel map 33954, due to adverse economic conditions. I anticipate commencing and completing this project when the economic climate improves in the future. Sincerely yours, Francis La Branche, Jr. Manager 074 ce-41Y 4 94� QUM& COUNCIL/RDA MEETING DATE: .tune 1, 2010 ITEM TITLE: Approval of a Cooperative Agreement with the County of Riverside for the Design and Construction of the Monroe Street Pavement Rehabilitation Improvements; Appropriate Funding; Approval of the Plans, Specifications and Engineer's Estimate (PS&E) and Authorization to Advertise for Bid the Monroe Street Pavement Rehabilitation Improvements, Project No. 2009-21 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Cooperative Agreement, between the City of La Quinta and the County of Riverside, for the design and construction of -the Monroe Street Pavement Rehabilitation Improvements; appropriate funding from available pavement management program budget funds (Account No. 101-7003-431.34-04); approve the PS&E; and authorize staff to advertise for bid the Monroe Street Pavement Rehabilitation Improvements, Project Number 2009-21. FISCAL IMPLICATIONS: The project is a joint maintenance project, between the City of La Quinta and the County of Riverside. The project will rehabilitate the dilapidated pavement on Monroe Street, from Avenue 58 to approximately 1,330 linear feet south, and two smaller segments on the County side of the street between Avenue 56 and Avenue 58. The County of Riverside has agreed to fund 64.07% of the proposed improvements, in the amount of $163,206. The City of La Quinta will be responsible for the remaining 35.93% of the project costs in the amount of $91,525. Staff recommends the City cost share: be funded from the street maintenance funds available within the Public Works department Fiscal Year 2009/2010 approved budget for the City's pavement management program. The following is the project's proposed funding and funding sources: County of Riverside: $163,206 City of La Quinta General Fund $91,525 Total: $254,731 Based upon the Engineer's estimate of probable construction costs, in the amount $185,630, the following is the anticipated project budget: Construction: $185,630 Design: $18,563 Inspection/Testing/Survey: $18,099 Administration: $9,282 Contingency: $23,1 57 Total: $254,731 Adequate funding is available within the Public Works Department maintenance budget to support staff's recommendation. The Cooperative Agreement (Attachment 1), among i other things, designates the City of La Quinta as the "Lead Agency", and identifies each agency's funding contribution to the project. The project limits are jointly owned 35.93% by the City of La Quinta and 64.07% by the County of Riverside. Approval of the Cooperative Agreement will commit the City of La Quinta to contribute 35.93% (approximately $91,524) of the estimated project cost. The County of Riverside will contribute the remaining 64.07% of the estimated cost. The County of Riverside provided a written commitment to fund its share of the project costs, on March 1, 2010, in the amount not to exceed $200,000. The Cooperative Agreement has been scheduled for consideration by the Board of Supervisors on June 15, 2010. CHARTER CITY IMPLICATIONS: The project is partially funded by the County of Riverside. The project will be advertised with prevailing wage requirements. KGROUND AND OVERVIEW: The proposed improvements will temporarily rehabilitate the dilapidated pavement on Monroe Street for approximately 5-10 years until development on either side can install a more expensive permanent street section. The majority of the project is located on Monroe Street from Avenue 58 to approximately 1,330 linear feet south. The project also includes two smaller street segments on the County side of '76 Monroe Street between Avenue 56 and Avenue 58. A vicinity map is provided for the City Council's consideration as Attachment 2. City staff was first contacted by the County of Riverside in February 2010 regarding this project. At that time, County staff informed the City that the County had received several complaints regarding the condition of the roadway from La Quinta residents. During a subsequent meeting held on February 11, 2010, corrective measures were discussed, and County staff requested the City serve as the lead agency for the proposed improvements. Due to the nature and scope of the improvements, the PS&E for the project was prepared in-house. The PS&E is complete and available for review within the Public Works Department. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Cooperative Agreement, between the City of La Quinta and the County of Riverside, for the design and construction of the Monroe Street Pavement Rehabilitation Improvements; appropriate funding from available pavement management program budget funds (Account No. 101-7003- 431.34-04); approve the PS&E; and authorize staff to advertise for bid the Monroe Street Pavement Rehabilitation Improvements, Project Number 2009- 21: or 2. Do not approve a Cooperative Agreement, between the City of La Quinta and the County of Riverside, for the design and construction of the Monroe Street Pavement Rehabilitation Improvements; do not appropriate funding from available pavement management program budget funds (Account No. 101-7003-431.34-04); do not approve the PS&E; and do not authorize staff to advertise for bid the Monroe Street Pavement Rehabilitation Improvements, Project Number 2009-21; or 3. Provide staff with alternative direction. Respectfully submitted, Alzv, nn F� imothy R Jon s on, P.E. Public Wo ks D ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Cooperative Agreement 2. Vicinity Map 01$ ATTACHMENT 1 COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF MONROE STREET PAVEMENT REHABILIATION IMPROVEMENTS This Cooperative Agreement (hereinafter "Agreement") entered into this day of , 2010, is between the City of La Quinta, a municipal corporation and charter city ("LA QUINTA") and the County of Riverside, a political subdivision of the State of California ("COUNTY"). LA QUINTA and COUNTY are sometimes collectively referred to in this Agreement as "PARTIES" and individually as a "PARTY." RFCITALS WHEREAS, LA QUINTA and COUNTY desire to rehabilitate and repair the existing pavement at (i) the intersection of Monroe Street and Avenue 58, (ii) on Monroe Street between Avenue 58 and approximately 1,330 feet south of Avenue 58, and (iii) two additional segments on Monroe Street between Avenue 56 and Avenue 58 (referred to herein as the "PROJECT"); and WHEREAS, the PARTIES further desire to specify the terms and conditions under which the PROJECT is to be designed, constructed, and financed, as well as the obligations and responsibilities of the PARTIES; and WHEREAS, the PROJECT AREA is jointly owned by the PARTIES -- Thirty -Six percent (36%) by LA QUINTA and Sixty Four percent (64%) by COUNTY; and WHEREAS, LA QUINTA and COUNTY each intend to contribute an amount equal to their respective ownership interests toward the estimated cost to complete the PROJECT, as more fully set forth hereinafter. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES hereto agree as follows: Article I. INCORPORATION OF RECITALS. The foregoing Recitals are true and correct and are hereby incorporated herein by this reference as though set forth in full and are expressly made a part of this Agreement. Article Il. LA QUINTA'S OBLIGATIONS. La Quinta agrees to perform the following tasks: 2.1 To pay an amount equal to thirty six percent (36%) of the total PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as more particularly described on Exhibit "A," attached hereto and incorporated herein by this reference. 2.2 To prepare or cause to be prepared Plans, Specifications and Estimates (PS&E) for the PROJECT. PS&E shall be prepared in accordance with the Standard Plans and Specifications for Public Works Construction, the standards and practices of LA QUINTA, and all applicable laws and regulations. 2.3 To have final design documents and drawings for the PROJECT prepared by or under the direction of a Civil Engineer registered and licensed in the State of California, and to ensure that the specifications, each set of plans, and any reports shall bear the professional seal, certificate and signature of the engineer responsible for their preparation. 2.4 To apply for any necessary encroachment permits for work within the COUNTY street right-of-way, in accordance with COUNTY standard permit procedures; provided, however, that COUNTY agrees to cooperate in the issuance of any required permits necessary for the PROJECT as described in Section III below. 2.5 To advertise, award and administer a public works contract for the construction of the PROJECT improvements. 2.6 To retain or cause to be retained for audit by COUNTY or other governmental auditors for a period of not less than three (3) years from the date of final payment, all records and accounts relating to construction of the PROJECT. 2.7 Upon completion of the PROJECT, to furnish COUNTY a complete set of full-sized reproducible "Drawing of Record" plans and refund any unexpended funds belonging to COUNTY. 0$® Article IILCOUNTY OBLIGATIONS. County agrees to perform the following tasks: 3.1 To pay an amount equal to sixty four percent (64%) of the total PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as more particularly described on Exhibit "A." 3.2 To deposit with LA QUINTA within thirty (30) days of receipt of billing therefore the amount of $163,206.00 which figure represents COUNTY's estimated share of the total PROJECT cost, including preliminary engineering, construction, construction engineering and administration, as required to complete the PROJECT. If PROJECT costs exceed said estimate, COUNTY further agrees to deposit with LA QUINTA, within thirty (30) days of receipt of a demand therefore, such additional funds as necessary to satisfy COUNTY'S share of the total PROJECT costs; provided, that in no event shall COUNTY's obligation for all anticipated costs under this Agreement exceed 115% of COUNTY's estimated costs, as described in Exhibit 'A" unless COUNTY, in its sole discretion, authorizes in writing a greater amount. Notwithstanding the foregoing, nothing in this Agreement shall be construed to obligate LA QUINTA in any way to provide additional funds for the PROJECT in excess of LA QUINTA's 36-percent share of the total PROJECT costs. 3.3 To issue, free of charge, upon proper application by LA QUINTA or LA QUINTA's contractor, the necessary encroachment permits for required work within the COUNTY streets right-of-way. Article IV. MUTUAL OBLIGATIONS. THE PARTIES MUTUALLY AGREE AS FOLLOWS: 4.1 Estimated Project Costs. The total cost of PROJECT is estimated to be $254,730.77. 4.2. Authority to Award Project Bid. Upon opening bids for construction of the PROJECT, if bids exceed the estimated total cost by not more than fifteen percent (15%) of the PROJECT cost estimate as described in •Exhibit "A," LA QUINTA may award the contract in accordance with LA QUINTA's standard bidding procedures for public works projects. The Parties agree that LA QUINTA shall act as lead agency for the PROJECT and shall contract with the successful bidder for construction of the PROJECT. The contract obi to.. with the successful bidder shall incorporate LA QUINTA's standard contracting requirements and policies, including, but not limited, to requiring the successful bidder to: (i) indemnify both LA QUINTA and COUNTY; (ii) carry insurance acceptable to LA QUINTA's Risk Manager (which at a minimum shall include coverage for Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum, and Worker's Compensation Insurance in an amount required by law); and (iii) retain all books and records related to successful bidder's performance of the contract for a period of not less than three (3) years from the date of final payment. 4.3 County Approval Required. If, upon opening of bids, it is found that projected PROJECT costs exceed the construction cost estimate by more than fifteen percent (15%), COUNTY and L4 QUINTA shall endeavor to negotiate in good faith to agree upon an alternative course of action. If, after sixty (60) calendar days from the date of bid opening, the PARTIES are unable to agree upon an alternative course of action, this Agreement shall be deemed to be terminated by mutual consent and without further action, with each agency sharing incurred costs in accordance with the cost shares as set forth in Article II, Section (2.1), Article III, Section (3.1), and Article IV, Section (4.1). 4.4 Change Orders. Once a contract is awarded as provided in Section 4.2 of this Article, all contract change orders exceeding fifteen percent (15%) of the bid price for the relevant contract bid items shall be submitted by LA QUINTA to COUNTY for review and approval prior to authorization by LA QUINTA to construction contractor. All other change orders may be authorized by LA QUINTA without further action by COUNTY. 4.5 Party Representatives. During construction of the PROJECT, LA QUINTA shall furnish a representative to perform the function of Resident Engineer and COUNTY, shall also furnish a representative ("County Representative") which will have decision making authority on items affecting the County's portion of the project. County Representative shall inform the Resident Engineer (LA QUINTA's representative), of such decisions which will be transmitted to the Contractor by the Resident Engineer. On any decision affecting the overall project, however, if the County's representative and the Resident Engineer cannot agree the City Engineer will render a decision which shall be considered final. 4.6 Ownership. Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed will be jointly shared in the same ratio set forth above, with thirty six percent (36%) owned by LA QUINTA and sixty four percent (64%) owned by COUNTY. Thereafter, each PARTY shall be responsible for maintaining the portion of the PROJECT within their respective jurisdiction. Neither LA QUINTA nor COUNTY shall be responsible for maintaining any portion of the improvements that lie in the other Party's jursidiction. 4.7 Mutual Indemnity. (a) Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement unless such damage or liability is the result of COUNTY's misconduct or negligence. It is further agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement except to the extent that such injury results from COUNTY's own misconduct or negligence. (b) Neither LA QUINTA nor any other officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or !in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement, unless such damage or liability is the result of LA QUINTA'S misconduct or negligence. It is further agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.98) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement, except to the extent that such injury results from LA QUINTA's own misconduct or negligence. e V.GENERAL PROVISIONS. 5.1 Notices. Any notice, approval, or other communication required or permitted to be sent pursuant to this Agreement shall be in writing and shall be sent by regular first class mail, addressed as set forth below or to such other address as a PARTY may specify from tirne to time in accordance with 083 this Section. Said notices shall be effective three (3) mail delivery days after deposit in a United States Postal Service office: or mailbox, postage prepaid. Notices shall be addressed as follows: To COUNTY. Riverside County Transportation Department Attention: Juan C. Perez 4080 Lemon Street, 8" Floor Riverside, California 92501 Facsimile: (951) 955-3198 To CITY. City of La Quinta Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 Facsimile: (760) 777-7155 5.2 Integration; Modification. This Agreement and all other agreements, exhibits, and schedules referred to herein constitutes the final, complete, and entire understanding between the PARTIES with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements of any kind or nature relating to the same. Neither PARTY has been induced to enter into this Agreement by, nor is either PARTY relying on, any representation or warranty outside those expressly presented herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on either PARTY hereto 5.3 Precedence. In the event of any inconsistency or conflict between a provision of this Agreement and a provision of any exhibit, schedule, or other writing incorporated herein by reference, the provisions of this Agreement shall prevail. 5.4 Waiver. Any waiver by either PARTY of a breach of any one or more terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of either PARTY to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof, or stopping said PARTY from enforcing the term(s) in question. 5.5 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provisions 084 shall be severed from the Agreement and the remaining provisions shall continue in full force without being impaired or invalidated in any way. 5.6 No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement or otherwise affect the legal liability of the PARTIES hereto by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law. 5.7 Counterparts. This Agreement may be signed in counterparts, each of which shall, once all PARTIES have executed the Agreement, constitute an original and which collectively shall constitute one instrument. (The remainder of this page is intentionally left blank) p85 IN WITNESS WHEREOF, the PARTIES have caused their duly authorized representatives to execute this Agreement. COUNTY OF RIVERSIDE County of Riverside Dated: By: Marion Ashley, Board of Supervisors ATTEST: Kecia Harper -Them Clerk of the Board BE Deputy APPROVED AS TO FORM: Pamela J. Walls County Counsel as Deputy County Counsel CITY OF LA QUINTA City of La Quinta Tom Genovese, City Manager P.O. Box 1504 La Quinta, CA 92247-1504 78-495 Calle Tampico La Quinta, CA 92253 Dated: Don Adolph, Mayor ATTEST: By: Veronica Montecino, CMC, City Clerk APPROVED AS TO FORM: am 10. Katherine Jenson City Attorney 086 ATTACHMENT 2 NORTHBOUND — LANE ONLY A CITY OF LA QUINTA NORTHBOUND LANE ONLY NORTHBOUND LANE — COLD PLANE GRIND 0.17'— & OVERLAY 0.17' AC THROUGH INTERSECTION NOT TO SCALE CITY OF LA QUINTA 12't AVENUE 56 YEA 0 COUNTY 12't 11 Ln M AVENUE 58 COUNTY 2't H 0 M M O\��P Q OF AVENUE 60 NAI MONROE STREET PAVEMENT REHABILITATION Consulting AVENUE 60 TO AVENUE 56 �_955 M.1i a q., EXHIBIT "A" Uhk, "'. s22a+ DATE: SCALE: DESIGN: SHEET: E2fi0� l2l %99 MARCH 2O10 N.T.S WS 1 OF 2 180 323-5344 (lax) • COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Approval of the Plans, Specifications and Engineer's Estimate of Probable Construction Costs and Authorization to Advertise for Bid, the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B for bid. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources for both Capital Improvement Project (CIP) No. 2009-16A and CIP No. 2009-166: DIF Transportation Funds RDA Project Area Number 2 Funds $113,916 $ 2,161, 048 Total Funding Available: $2,274,964 The following is the project's remaining funding and funding sources after the completion of CIP No. 2009-16A (see Background and Overview) and as of May 19, 2010: RDA Project Area Number 2 Funds $1,782,908 Total Funding Available for CIP No. $1,782,908 2009-16B: „.' 088 The following is the project budget for Phase II Project (CIP) No166: Design: $25,100 Inspection/Testing/Survey: $61,088 Construction: $626,541 Contingency: $1,070,179 Total: $1,782,908 As shown above, adequate funding is available for CIP No. 2009-1613, Jefferson Street Parkway Landscape Improvements. CHARTER CITY IMPLICATIONS: The project is funded with Redevelopment Agency (RDA) Project Area 2 funding. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The Phase I project, CIP No. 2009-16A, Jefferson Street Wall and Sidewalk Improvements, included the installation of a meandering sidewalk, perimeter walls and/or fencing, and precise grading. Phase I was accepted by City Council on March 16, 2010. This acceptance allows Phase II, CIP No. 2009-166, Jefferson Street Parkway Landscape Improvements, to begin. The proposed improvements include the installation of parkway landscape, and irrigation, perimeter walls and/or fencing and precise grading within the east and west parkways on Jefferson Street between Westward Ho Drive and Vista Grande. A driveway, fencing, and additional planting will be provided on the east side of Jefferson Street just north of the bridge facilitating CVWD access to the Whitewater Channel east of the bridge. Landscaping will also be added on the south side of the bridge adjacent to the roadway to soften the appearance of the paved lot at the northeast corner of Vista Grande and Jefferson Street. On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 CIP and making certain findings pursuant to Health and Safety Code Section 33445(a). The Jefferson Street Parkway Landscape Improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. On July 7, 2009 the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering service to prepare the PS&E for 089 the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B, and appointed a consultant selection committee. The PS&E for the Project No. 2009-16B improvements are approximately 95% complete at this time. The 95% PS&E is available for review at the City's Public Works Department. Staff requests the City Council approve the PS&E at this time and authorize staff to advertise the project for construction upon completion of the final PS&E. Contingent upon City Council authorization to advertise the project for bid on June 1, 2010, the following is the anticipated project schedule: City Council Approves PS&E Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction (45 work days) Project Closeout FINDINGS AND ALTERNATIVES: June 1, 2010 June 2, 2010 till June 30, 2010 July 20, 2010 July 20, 2010 till August 10, 2010 August 10, 2010 till October 12, 2010 October 19, 2010 The alternatives available to the City Council include: 1. Approve the PS&E, and authorize staff to advertise the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B for bid; or 2. Do not approve the PS&E, and do not authorize staff to advertise the Jefferson Street Parkway Landscape Improvements, Project Number 2009- 16E for bid; or 3. Provide staff with alternative direction. Respectfully submitted, m iothy Jo oa son, P.E. Public Works ' ector/City Engineer ...r 090 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 091 A 10 AY 'hayq �e AVENUE42 N Z % f~A O C� 2 � 4 FRED WARIN K z w a w MILES AVE. G Q � a WESTWARD NO DR. ALM CIRCLE DR. tlt SITENDE 111 LOCATION: SEC. 20 T5S, RTE CITY OF LA QUINTA VICINITY MAP N.T.S. TTACHMENT 1 092 T-df 4 4 a" COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Approval to Excuse Commissioner Maria Puente's Absence from the June 17, 2010, Historic Preservation Commission Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from Commissioner Maria Puente to be excused from attending the June 17, 2010, Historic Preservation Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all Commissions and, in response, Historic Preservation Commission Commissioner Puente has requested of the City Council to be excused from the June 17, 2010, Historic Preservation Commission meeting. The request is being made prior to the meeting, as noted in Attachment 1. Commissioner Puente has asked to be excused from the June 17, 2010, meeting only, since the Commission traditionally goes dark during the month of July. However, 093 should circumstances change, and the July meeting be held, an additional request will be submitted for the July meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request from Commissioner Maria Puente to be excused from attending the June 17, 2010, Historic Preservation Commission meeting; or 2. Deny Commissioner Puente's request; or 3. Provide staff with alternative direction. Respectfully submitted, Planning Director Approved for submission by: -k Thomas P. Genovese, City Manager Attachment: 1. Request from Commissioner Puente 094 ATTACHMENT 1 May 17, 2010 Maria L. Puente 78-620 Forbes Circle La Quinta, CA. 92253 (760) 345-4411 mlpuentegaol.com Mayor of City of La Quinta La Quinta City Hall 78-495 Calle Tampico La Quinta, CA. 92253 Dear Honorable Mayor and Council Members: MAY 17 2010 CITY OF LA OUINTA The purpose of this letter is to formally request to be excused from the upcoming La Quinta Historical Preservation Commission monthly meeting, to be held on Thursday, June 17, 2010. I will be out of the country from June 12 to August 18. I will be present, however, for the meeting on August 20, 2010. I appreciate your consideration in this matter. Maria L. Puente, Commissioner La Quinta Historic Preservation Commission 9 5 `:: (F*tv, of lwQww&rw COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Approval of Revisions to Job Descriptions for Economic Development Project Manager and Management Assistant RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _p CONSENT CALENDAR: O STUDY SESSION: PUBLIC HEARING: Approve the revisions to the job descriptions for the Economic Development Project Manager and Management Assistant. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 1•LT:LaI BACKGROUND AND OVERVIEW: The purpose of these minor job classification adjustments is to improve efficiency of staff and to align the supervisory responsibilities to the Development Services work program. These changes will allow staff to work within a chain of responsibility that informally exists today due to assigned job duties. Supervisory responsibilities for the Management Assistant will be shifted from Assistant City Manager -Development Services to the Economic Development Project Manager. No pay increase is associated with these job description adjustments. Redlined versions of both job descriptions are provided as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: so_ 096 Approve the revisions to the job descriptions for Economic Development Project Manager and Management Assistant; or 2. Do not approve the revisions to the job descriptions for Economic Development Project Manager and Management Assistant; or 3. Provide staff with alternative direction. Respectfully submitted, 4Eva GDouAssistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Redlined job descriptions for Economic Development Project Manager and Management Assistant Inb �) g'7 ATTACHMENT 1 THE CITY OF LA QUINTA ECONOMIC DEVELOPMENT PROJECT MANAGER GENERAL STATEMENT OF JOB Under limited supervision, performs a wide variety of responsible and complex administrative and analytical duties, including but not limited to, evaluation and analysis of economic development and redevelopment issues; preparation and presentation of staff reports and analysis; project development and support; provides information and assistance to the public regarding assigned programs and services; oversees and coordinates the execution of development projects from conception to completion, advises Council and/or Redevelopment Agency concerning project planning, development, scheduling, parcel and building design, implementation strategies, contract preparation and supervision, and -marketing activities, and —may supervise the functions and responsibilities of a Management Assistant in the Development Services division of the City Manager's Office. Performs related work as required. REPORTS TO: City Manager, Assistant City Manager or Department Director. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Participates in special projects including complex research of new programs and services, budget analysis and preparation, legislative and feasibility analyses; prepares and presents reports; Prepares comprehensive technical records and analytical reports pertaining to economic development, redevelopment, marketing, and other assigned areas; conducts research and comprehensive data collection efforts to support analysis; • Conducts preliminary negotiations and assists in final negotiations with owners and developers of properties scheduled for development; Performs administrative work in planning, analysis, and implementation of specific economic development projects; • Prepares and monitors economic development project schedules and budgets, and oversees and coordinates the implementation of the project through completion; • Assists in preparation of the City's Economic Development Plan; prepares marketing and promotional materials in support of City's economic development efforts; assists in negotiating economic development agreements; ;, g 4o., . - J City of La Quinta: Economic Development Project Manager • Prepares project, pro forma or issues analysis utilizing analytical, quantitative and intuitive skills; • Collects, compiles, and analyzes complex information from various sources related to assigned programs; prepares reports which present and interpret data, and identifies alternatives; ensures compliance with local, State and Federal regulations; assists in review of new state and federal legislation; makes and justifies recommendations; • Coordinates and collaborates with departments, divisions and outside agencies; • Serves as liaison between project team, city departments, outside public agencies, Chamber of Commerce, and the community to promote and facilitate. planning and execution of development projects; provides information and serves as a resource; Serves on a variety of committees as assigned; prepares and presents staff reports to the Council and other Boards and Commissions; • Prepares and coordinates the preparation and/or review of written materials on projects including, but not limited to, development agreements, leases, maps, progress reports, and agenda items; • Directs, reviews, and evaluates work of third -party contractors, including, but not limited to, design firms, marketing firms, landscape designers, architects, and economic development analysts; • May represent and/or assist the Assistant City Manager — Development Services in presentations before the City Council, Boards, Commissions, and the public; • May represent the Assistant City Manager — Development Services in negotiating and conferring with consultants and/or with person(s) involved in contract execution; • May coordinate economic development activity relative to marketing programs, public information, economic data compilation and evaluation, and establishment of programs to meet City objectives and policies; • Assists with coordination of management of affordable housing program; • May perform supervisory duties for Management Assistant position including assigning reviewing and planning work and writing performance evaluations; Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE A Bachelors degree with major course work in public administration, business administration or a closely related field and three years experience in various areas of general government administration, management, economic development, or marketing. Required Licenses and Certification Requires a valid Class C California Drivers License. 099 City of La Quinta: Economic Development Project Manager KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: • principles and practices of public administration, including goal setting, program and budget development and implementation; • methods of research, program analysis, and report preparation; • principles and procedures of financial and statistical record keeping and reporting; • modern office procedures, methods and computer equipment; • principles of marketing and promotions; • basic economic development practices and policies; • negotiating skills and practices; • Human Resources/risk management practices and procedures; • customer service principals and practices; • pertinent Federal, State and local laws, codes and regulations. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, personal computer, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including word processing; • Ability to exert negligible physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Supervisorial Responsibilities: • Ability to assign, review, plan and coordinate the. work of other employees; ® Ability to provide instruction and guidance to staff; and promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals. Mathematical Ability: • Ability to add, subtract, multiply and divide; • Ability to compute and use fractions and decimals. 100 City of La Quinta: Economic Development Project Manager Judgment and Situational Reasoning Ability: • Ability to apply principles of synthesis functions in assisting in the development of long and short range plans; • Ability to use independent judgment under public scrutiny or on short notice such as when making public presentations or responding to media or public inquiries; • Ability to apply principles of influence systems such as supervising; • Ability to use independent judgment in fairly non -routine situations, such as recognizing scope of authority and maintaining confidentiality, when necessary; • Ability to use independent judgment under pressure during negotiations. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including City and department rules, laws and policies, messages, reports, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including dictionary, computer software manuals and phone directory; • Ability to communicate effectively, both in writing and orally; • Ability to maintain effective working relationships with officials, coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work independently; • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. 2010 iu4-20MIune Ww " 101 THE CITY OF LA QUINTA MANAGEMENT ASSISTANT GENERAL STATEMENT OF JOB Under direction, performs a variety of administrative functions, assisting management with project specific duties as assigned; may work closely with outside agencies and/or groups. REPORTS TO: Assistant City Manager, or his/her designee. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties maybe required and assigned. • Assists in the development of short and long range plans; gathers, interprets and prepares data for studies, reports and recommendations; coordinates activities with other departments and outside agencies as needed; • May investigate and follow-up on citizen requests for service, complaints and requests for information; • Prepares special studies, reports and correspondence; • Performs complex general administrative duties such as special projects, financial analysis, surveys, and data collection/compilation using spreadsheets and database software, etc.; • Assists management with preparation and review of budget -related documents; • May meet with community businesses and leaders and other outside agencies and groups on behalf of management; • May review Council staff reports and presentations to ensure compliance with procedure, process and format; • May create, edit, or review City website pages to ensure consistency and adherence to posting policies and preferred format; • May assist in grant preparation, including investigation of grant sources, and monitoring of expenditures for the purpose of using the funds in programs consistent with City policies; • May monitor select departmental expenditures and process invoices for same ensuring appropriate record -keeping and reporting tasks are maintained; • May assist with various Redevelopment Agency and/or Housing Authority projects as assigned; • Performs various related essential duties as required. ._ 102 City of La Quinta - Management Assistant MINIMUM TRAINING AND EXPERIENCE A Bachelors degree with major course work in public administration, business administration or a closely related field; one year experience in a general administrative position; municipal experience required; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: • basic methods of financial and statistical record -keeping; • basic administrative principles; • methods of research, program analysis, and report preparation; • modern office procedures, methods and computer equipment; • pertinent Federal, State and local laws, codes and regulations. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, personal computer, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including word processing; • Ability to exert negligible physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide; • Ability to compute and use fractions and decimals. Judgment and Situational Reasoning Ability: • Ability to apply common sense understanding to perform semi - repetitive tasks such as word processing; • Ability to apply principles of synthesis functions in assisting in the development of long and short range plans; • Ability to use independent judgment in fairly routine situations. 103 City of La Quinta - Management Assistant Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including City and department rules, laws and policies, messages, reports, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; Ability to comprehend a variety of reference books and manuals including dictionary, computer software manuals and phone directory; • Ability to communicate and maintain effective working relationships with officials, coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. .Dune 2010F41brAtary 2M 104 `�� w y 4 ZfAo Qu&r6j OF COUNCIURDA MEETING DATE: June 1, 2010 AGENDA CATEGORY: ITEM TITLE: Approval of Employment Agreement BUSINESS SESSION: between the City of La Quinta and the City Manager CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Employment Agreement ("Agreement") between the City of La Quinta and the City Manager. FISCAL IMPLICATIONS: Adequate funds have been budgeted in Account No. 101-1002-413.10-01, City Manager's Office -Salaries, Permanent Full -Time, for Fiscal Year 2009/2010. The City Council has elected to remove the voluntary 5% reduction in pay beginning July 1, 2010. Removal of this voluntary reduction will place the City Manager's salary at $240,000 for the period of July 1, 2010 through June 30, 2011 . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Pursuant to the Agreement between the City and Thomas P. Genovese, City Manager, dated May 19, 2009, the City Council may increase the salary and/or benefits of the City Manager based on an annual evaluation. The only substantive change proposed in this year's contract is a reinstatement of the annual salary to $240,000, effective July 1, 2010 through June 30, 2011. The Agreement between the City and Thomas P. Genovese, City Manager, is provided as Attachment 1. 105 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Employment Agreement between the City of La Quinta and the City Manager; or 2. Do not approve the Employment Agreement between the City of La Quinta and the City Manager; or 3. Provide staff with alternative direction. Respectfully submitted, C2-49e'o-L4 M. Katherine Jenson, City Attorney Approved for submission by: r;)�� ZZ-1) Thomas P. Genovese, City Manager Attachment: 1. Employment Agreement 2 106 r_1W T@MhL*M EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into this 1" day of June, 2010, by and between the City of La Quinta, a public body (the "City" or "Employer"), and Thomas P. Genovese, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to continue the services of said Employee as the City Manager as provided by the La Quinta Municipal Code; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires to continue employment as City Manager of said City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. A. Employer hereby agrees to employ Employee as City Manager of said City to perform the functions and duties specified in the La Quinta Municipal Code and as provided by state and federal law and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. B. Employee, with prior written approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, speaking and writing, provided they do not interfere with Employee's normal duties and are done only during vacation or other non -working time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activity create a conflict of interest with the duties of the City Manager and the interests of the City. Section 2. Term. A. The term of this Agreement shall continue in full force and effect for an indefinite term until terminated as herein provided. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council acting for the City to terminate the services of Employee I07 at any time, with or without cause, subject only to the provisions set forth in Section 4, paragraphs A, B and C of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, Paragraph D, of this Agreement. Section 3. Suspension. Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. Section 4. Termination and Severance Pa A. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to six months salary; provided, however, that in the event Employee is terminated for willful misconduct as defined in Section 2.08.160 of the Municipal Code, then, in that event, Employer shall have no obligation to pay the severance sum designated in this paragraph. B. Employer and Employee agree that if Employee is convicted, including a plea of no contest, of any: (1) felony criminal charges; (2) misdemeanor criminal charges related to the use of alcohol or controlled substances; or (3) misdemeanor criminal charges involving a crime of moral turpitude, any of which arise on or after the effective date of this Agreement, that conviction shall automatically constitute Willful Misconduct under Section 2.08.160 of the City's Municipal Code without further findings of fact. Furthermore, Employee knowingly and willingly waives any right to a hearing as set forth in Sections 2.08.100 through 2.08.150 of the Municipal Code, and agrees that Employer may terminate his employment immediately and without paying the severance set forth in Section 4.A. above based on the conviction. C. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a formal suggestion by the City Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision in paragraph A above. 108 D. In the event Employee voluntarily resigns his position with Employer before expiration of the above -referenced term of his employment, then Employee shall give Employer sixty (60) days notice in advance, unless the parties otherwise agree. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of six (6) successive weeks beyond any accrued leave to which Employee is entitled, Employer shall have the option to terminate this Agreement. Termination pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4 above. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules. Section 6. Salary. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $240,000, effective July 1, 2010, payable in equal installments at the same time as other employees of the Employer are paid. Employer agrees to review said base salary and/or other benefits of Employee at the time of an annual evaluation which shall be initiated no later than the end of May. Employer may recommend adjustments to salary and/or other benefits during the time period that the annual review is performed. Section 7. Hours of Work. It is recognized that Employee must devote time outside the normal office hours to business of the Employer. Administrative leave shall be as provided in the City Personnel Rules. Section 8. Transportation Allowance. City shall provide a $550.00/month transportation allowance as well as gasoline reimbursement pursuant to the City approved policy. Employee shall not be provided a City vehicle. Section 9. Vacation and Sick Leave. Employee shall accrue, and have credited to his personal account, vacation and sick leave as provided for the City Manager pursuant to the Personnel Rules, with the exception of vacation accruals, which shall be the maximum accumulation amount established as of July 1, 1995. Any vacation accrual over the maximum accumulation amount established as of July 1, 1995 is subject to Section 14.15.4(A) in the City's Personnel Rules regarding mandatory buy-back. An additional 10 days of vacation shall be added to the vacation specified in the Personnel Rules. Section 10. Other Benefits. Employee shall be provided with the same health, dental, vision, life insurance, and retirement benefits and any future cost of living increases that occur after July 1, 2010, as other general employees of the City. Employee may receive an annual physical examination at City expense. Section 11. Other Terms and Conditions of Employment. A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section 12. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA P. O. Box 1504 La Quinta, CA 92247 EMPLOYEE: Thomas P. Genovese P. O. Box 381 La Quinta, CA 92247 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. ',e.. 110 Section 13. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing July 1, 2010. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYER: CITY OF LA QUINTA In DON ADOLPH Mayor of the City of La Quinta ATTEST: VERONICA J. MONTECINO, CIVIC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California I_gM111090*9 am Thomas P. Genovese City Manager •Po_ . 112 / T cF`y OF COUNCIL/RDA MEETING DATE: June 1, 2010 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Approving a CONSENT CALENDAR: ,Q Memorandum of Understanding Between the City of La Quinta and the La Quinta City Employees' Association STUDY SESSION: for Fiscal Year 2010-201 1 PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Year 2010-2011. FISCAL IMPLICATIONS: Negotiated benefits include: City and Association agree to a zero percent (0%) cost -of -living adjustment for the term of this agreement. Re -open negotiations on insurance coverage in September 2010. Continue Flexible Spending Account in which the City has paid the initial $350 set-up fee and will pay the $15 per new employee enrollment fee. Employees would pay the $4.00 per month fee as payroll deduction, or $5.60 per month if they choose the optional debit card for reimbursement. Continue the Educational Incentive Program for Fiscal Year 2010-201 1, granting participant reimbursement of up to 6% of the total annual budgeted amount each fiscal year. 113 Amend Section 14.15.4 — Vacation Buy -Back, as outlined in the MOU, permitting buy-back after 40 hours of vacation, deleting reference to "consisting of five consecutive work days, and excluding holidays." Amend Section 14.20.4 — Sick Leave Pay Back, as outlined in the MOU, permitting a maximum accrual of 480 hours, and making pay back optional between 240 and 480 hours. Require retiring employees to complete the "Unused Sick Leave Election Form" prior to receipt of final paycheck, choosing one of three options for treatment of their unused accrued sick leave, as outlined in the MOU. Continue computer loan purchase program for Fiscal Year 2010-2011. Loans made through this program will be a maximum of two years in duration and will be reimbursed through payroll deductions with 5% interest. This is a loan program and does not require an appropriation. Continue the Alternate Work Week Schedule for Fiscal Year 2010-201 1. Change the Personnel Policies as outlined in Exhibit A to the Resolution. Continue to waive the annual membership fee for all City employees to the City's Fitness Center at the President Gerald R. Ford Boys & Girls Club. This MOU shall take effect on July 1, 2010. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City and the Association, in a series of meetings beginning March 25, 2010, met and conferred in good faith pursuant to the Meyers-Milias-Brown Act on matters relating to employment conditions and employer/employee relations including wages, hours, and other terms of employment. The attached Memorandum of Understanding (Exhibit "A" of the Resolution) is the result of these meetings and discussions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Year 2010-201 1; or 2. Do not adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Year 2010-201 1; or 3. Provide staff with alternative direction. Respectfully submitted, /// a&-- - Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager 115 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION (LQCEA) COMMENCING ON JULY 1, 2010, AND TERMINATING JUNE 30, 2011 WHEREAS, the City of La Quinta, hereinafter referred to as "City" and the La Quinta City Employees' Association, the recognized organization representing its members, hereinafter referred to as "Association," have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code 3500, as amended; and WHEREAS, the City and the Association have negotiated a Memorandum of Understanding for the period commencing on July 1, 2010, and terminating June 30, 201 1; and WHEREAS, the Association ratified the Memorandum of Understanding on May 19, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby ratify and approve, ratify and authorize implementation of each economic and non -economic benefit and right set forth in the Memorandum of Understanding between the City and the Association, attached and incorporated herein as Exhibit "A" and said to the extent the City may legally do so in accordance with the time constraints of said Memorandum of Understanding. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1" day of June, 2010, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: •.. 116 Resolution No. 2010- Adoption of 2010-11 LQCEA MOU Adopted: June 1, 2010 Page 2 of 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California EXHIBIT A MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into by and between the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association")• WHEREAS, the City and the Association have met and conferred in good faith with respect to the wages, hours, and terms and conditions of employment of City employees and all other subjects within the scope of bargaining under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and have reached an agreement that they wish to set forth in writing in the form of this MOU; NOW, THEREFORE, the City and the Association agree as follows: SECTION 1: TERM. This MOU shall take effect on July 1, 2010, and shall remain in effect through and including June 30, 2011. SECTION 2: SALARY The Schedule of Salary Ranges (Schedule), which is attached hereto as Exhibit 1 and by this reference made a part hereof, shall remain in effect during the term (July 1, 2010 through June 30, 201 1) of this MOU. Exhibit 1 reflects a zero percent (0%) COLA over the schedule in effect on June 30, 2010. .I.- " 118 2010-11 MOU - Final June 2010 SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE. A. Fiscal Year 2010-11. The parties agree to reopen negotiations in September 2010 in order to meet and confer on the amounts paid by the City and employees for insurance coverage for the next calendar year. The process to be utilized for determining increases in coverage is set forth in the Health Benefits Reopener Process Methodology (Health Benefits Methodology), which is attached hereto as Exhibit 2 and by this reference made a part hereof. B. Contributions. The employee contribution for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. The benefits, terms and conditions of coverage shall be governed by the formal plan documents. C. Flexible Spending Plan. The City has implemented a Flexible Spending Plan through Total Administrative Services Corporation (TASC) for interested employees. The City has paid the initial one-time enrollment fee of $350.00 and will pay the $15.00 per employee enrollment fee for new employees who elect to join, and those employees who participate will pay the monthly administration fee and optional medical reimbursement debit card fee through payroll deduction. 119 2010-11 MOU - Final June 2010 SECTION 4: EDUCATIONAL INCENTIVE PROGRAM. All employees are eligible for tuition reimbursement pursuant to Section 15.25 of the City's Personnel Policies. The total of such reimbursement for all employees shall not exceed $17,250 during the term of this MOU at a maximum of $1,035 per employee. SECTION 5: MANAGEMENT RIGHTS. Except as limited by the terms of this MOU, the City retains sole and exclusive right to manage its operations and direct its work force using any or all of the powers and authority previously exercised or possessed by the City or traditionally reserved to management, including but not limited to the right to determine its organization and the kinds and levels of services to be provided; to direct the work of its employees; to assign work from one classification of employees to another, including work currently performed by employees in the classifications covered by this MOU; to establish work standards and levels of required performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of those required by this MOU; to select, modify, alter, abandon, or modernize methods of conducting its operations; to build, move, modify, close, or modernize facilities, machinery, processes, and equipment; to establish budgetary procedures and allocations; to determine methods of raising revenues; to sublet and subcontract work except work currently performed by City employees; to take all necessary action in the event of an emergency; to establish and amend rules of conduct and to impose discipline and discharge; to establish 2010-11 MOU— Final June 2010 — and amend rules for safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to determine job content and to create, combine or modify job classifications and rates or classes of pay; and to exercise all other customary powers and authority of management, regardless of whether the City has exercised such power previously. Nothing in this provision shall be construed to restrict grievances concerning any part of this MOU. In the I event of an emergency, the City may amend, modify or rescind any provision of the MOU. Such amendment, modification or rescission shall remain in force only for the period of the emergency. The City shall have the sole and complete discretion to declare that an emergency exists for the purposes of this Section. SECTION 6: NON-DISCRIMINATION. All personnel decisions and actions, including but not limited to appointments, promotions, demotions, transfers, layoffs, and discharges, shall be made without regard to race, color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability, medical condition, sexual orientation, or any other unlawful consideration. Further, the City shall not discriminate against any employee based upon his/her activity on behalf of his/her membership in any employee association or group. SECTION 7: HOURS. Employee hours of work shall be as stated in the City's Personnel Policies unless superseded as provided in Section 13 herein. 2010-11 M0U - Final June 2010 SECTION 8: HOLIDAYS. Holidays shall be recognized as provided in the City's Personnel Policy unless superseded as provided herein. SECTION 9: VACATION. 9.1 Accrual. Vacation accrual shall be as provided in the City's Personnel Policies unless superseded as provided herein. 9.2 Buy-back. Section 14.15.4 of the City's Personnel Policies shall be amended as follows: 14.15.4 Vacation Buy -Back: A. Mandatory Buy -Back Vacation hours may be accumulated and carried over to succeeding calendar years up to a maximum accrual of 320 hours. Accrued vacation hours which exceed 320 hours as of the last pay period of November of each year shall be paid at the employee's regular rate of pay as time worked and shall be issued as a separate check in December. B. Optional In addition to the above, employees with a minimum of 80 hours of accrued vacation time as of the last pay period in November in any calendar year, may receive pay at the employee's regular rate of pay, for a portion or the entire amount over 80 hours, provided that the employee has taken at least 40 hours of vacation in the prior year between December 1 and November 30. Any employee desiring to exercise this option must make a written request to the Finance Director no later than November 15 in the calendar year for which vacation buy back is sought. The buy-back pay will be issued as a separate check in December. C. Regular Part -Time Employees Regular Part -Time employees with a minimum of 60 hours of accrued vacation time as of the last pay period in November in any calendar year, may receive pay at the employee's regular rate of pay, for a 122 2010-11 MOU — Final June 2010 portion or the entire amount over 60 hours, provided that the employee has taken at least 30 hours of vacation time in the prior year between December 1 and November 30. Regular, part-time employees wishing to exercise this option must make a written request to the Finance Director no later than November 15 in the calendar year for which vacation buy-back is sought. The buy-back pay will be issued as a separate check in December. SECTION 10: SICK LEAVE. 10.1 Accrual. Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded as provided herein. 10.2 Buy-back. Section 14.20.4 of the City's Personnel Policies shall be amended as follows: 14.20.4 Sick Leave Pay Back: A. City agrees to provide Sick Leave pay back upon employee's termination, as follows: 2 through 4 years service 25% 5 through 9 years service 50% 10 years service and up 75% B. A maximum Sick Leave accrual of four hundred eighty (480) hours shall be established. If the maximum accrual of Sick Leave has been reached as of November 30 in any calendar year, employee shall be reimbursed for the number of Sick Leave hours accrued and unused above the maximum, according to the formula used for Sick Leave pay back upon employee termination, as above. Employees have the option to be reimbursed for accrued and unused sick leave above 240 hours up to 480 hours once every year. The sick leave pay back will be issued as a separate check in December. 10.3 Part-time accrual and buy-back. Section 14.20.8 of the City's Personnel Policies shall be amended as follows: -23 2010-11 MOU — Final June 2010 14.20.8 Regular Part -Time Employees who work at least thirty (30) hours per week shall accrue paid sick leave, pro -rated calculated by the number of hours worked as a percentage of a forty (40) hour workweek. Employees in this category may accrue up to three hundred sixty (360) hours of sick leave. Sick leave pay back shall be calculated pursuant to Section 14.20.4. SECTION 11: CalPERS RETIREMENT Government Code Section 20965 and the City's contract for retirement benefits with CalPERS permits conversion of unused sick leave to service credit, pursuant to certain restrictions. Upon retirement, employees are required to complete the "Unused Sick Leave Election Form" (Exhibit 3) prior to receiving their final paycheck. Upon retirement, employees will have the option of selecting one of the following: (1) receiving payout for the full amount of unused sick leave (pursuant to the payout schedule contained in Personnel Policy Section 14.20.4, as amended by this MOU); (2) receiving payout for a set amount of unused sick leave, and requesting conversion to service credit of the remainder; or (3) converting the entire amount of unused sick leave to service credit, waiving their right to a payout for unused sick leave. SECTION 12: COMPUTER PURCHASE PROGRAM. The City agrees to continue the Computer Purchase Program (Program) as set forth in the previous MOU, and to fund the Program in the amount of $17,500 for the term of this MOU at a maximum of $1,750 per employee. Any employee who has participated in the Program and has paid his/her loan in full may 124 2010-11 MOU— Final June 2010 participate again if there is money available after those employees who have not previously participated have been funded. SECTION 13: ALTERNATE WORK WEEK SCHEDULE. The City and Association agree to continue the Alternate Work Week Schedule ("AWWS") as set forth in the previous MOU, utilizing a 9/80 schedule, whereby employees may elect to participate in the AWWS by working eight 9-hour days and one 8-hour day, with every other Friday off. The AWWS will continue for the term of this MOU, or until cancelled by Management, whichever occurs sooner. SECTION 14: PERSONNEL POLICY ADDITIONS AND AMENDMENTS. The City and Association have agreed to modify City Personnel Policies where appropriate to clarify the intent of those policies affected by implementation of the AWWS, as provided in Section 13 herein. SECTION 15: EMPLOYEE MEMBERSHIP AT CITY FITNESS CENTER. The City and Association agree to continue to waive the membership fee for all City employees to the City's Fitness Center at the President Gerald R. Ford Boys & Girls Club. City employees may obtain a City -issued identification card for access to the City's Fitness Center during regular hours of public operation. SECTION 16: SOLE AND ENTIRE AGREEMENT. It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary and/or personnel rules and regulations, 2010-11 MOU —Final June 2010 125 administrative codes, provisions of the City (other than the Municipal Code), whether oral or written, expressed or implied, between the parties, and shall govern the entire relationship and be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law. The Association and the City agree that all personnel rules not specifically included herein shall be incorporated herein by this reference. The City reserves the right to add to, modify or delete from its Personnel Rules, subject to its obligations under the Meyers-Milias-Brown Act. SECTION 17. WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT. During the term of this MOU, the Association agrees that it will not seek to negotiate or bargain with respect to wages, hours and terms and conditions of employment, whether or not covered by this MOU or in the negotiations preceding execution of this MOU, except as required by specific provisions of this MOU. Despite the terms of this waiver, the parties may, by mutual agreement, agree in writing to meet and confer concerning any matter during the term of this MOU. This MOU is hereby executed by the parties hereto as set forth below. DATED: CITY OF LA QUINTA 2010 By: Don Adolph, Mayor 126 2010-11 MOU - Final June 2010 LA QUINTA CITY EMPLOYEES' ASSOCIATION DATED: , 2010 BY: m 127 2010-11 MOU - Pinal Jnne 2010 CITY OF LA QUINTA SCHEDULE OF SALARY RANGES FY 10/11 MONTHLY BASE STEP STEP STEP STEP STEP RANGE A B C D E 30 2,454.52 2,577.25 2,706.11 2,841.41 2,983.48 31 2,515.88 2,641.68 2,773.76 2,912.45 3,058.07 32 2,577.25 2,706.11 2,841.41 2,983.48 3,132.66 33 2,641.68 2,773.76 2,912.45 3,058.07 3,210.98 34 2,706.11 2,841.41 2,983.48 3,132.66 3,289.29 35 2,773.76 2,912.45 3,058.07 3,210.98 3,371.52 36 2,841.41 2,983.48 3,132.66 3,289.29 3,453.76 37 2,912.45 3,058.07 3,210.98 3,371.52 3,540.10 38 2,983.48 3,132.66 3,289.29 3,453.76 3,626.44 39 3,058.07 3,210.98 3,371.52 3,540.10 3,717.11 40 3,132.66 3,289.29 3,453.76 .3,626.44 3,807.77 41 3,210.98 3,371.52 3,540.10 3,717.11 3,902.96 42 3,289.29 3,453.76 3,626.44 3,807.77 3,998.15 43 3,371.52 3.540.10 3,717.11 3,902.96 4,098.11 44 3,453.76 3,626.44 3,807.77 3,998.15 4,198.06 45 3,540.10 3,717.11 3,902.96 4,098.11 4,303.01 46 3,626.44 3,807.77 3,998.15 4,198.06 4,407.97 47 3.717.11 3,902.96 4,098.11 4,303.01 4,518.16 48 3,807.77 3,998.15 4,198.06 4,407.97 4,628.36 49 3,902.96 4,098.11 4,303.01 4.518.16 4,744.07 50 3,998.15 4,198.06 4,407.97 4,628.36 4,859.78 51 4,098.11 4,303.01 4,518.16 4,744.07 4,981.28 52 4,198.06 4,407.97 4,628.36 4,859.78 5,102.77 53 4,303.01 4,518.16 4,744.07 4,981.28 5,230.34 54 4,407.97 4,628.36 4,859.78 5,102.77 5.357.91 55 4,518.16 4,744.07 4,981.28 5,230.34 5,491.86 56 4,628.36 4,859.78 5,102.77 5,357.91 5,625.80 57 4,744.07 4,981.28 5,230.34 5,491.86 5,766.45 58 4,859.78 5,102,77 5,357.91 5,625..0 5,907.10 59 4,981.28 5,230.34 5,491.86 5,766.451 6,054.77 60 5,102.77 5,357.91 5,625.80 5,907.101 6,202.45 EXHIBIT 1 128 CITY OF LA QUINTA SCHEDULE OF SALARY RANGES FY 10/11 MONTHLY BASE STEP STEP STEP STEP STEP RANGE A B C D E 61 5,230.34 5,491.86 5,766.45 6,054.77 6,357.51 62 5,357.91 5,625.80 5,907.10 6,202.45 6,512.57 63 5,491.86 5,766.45 6,054.77 6,357.51 6,675.39 64 5,625.80 5,907.10 6,202.45 6,512.57 6,838.20 65 5,766.45 6,054.77 6,357.51 6,675.39 7,009.16 66 5,907.10 6,202.45 6,512.57 6,838.20 7,180.11 67 6,054.77 6,357.51 6,675.39 7,009.16 7,359.61 68 6,202.45 6,512.57 6,838.20 7,180.11 7,539.12 69 6,357.51 6,675.39 7,009.16 7,359.61 7,727.59 70 6,512.57 6,838.20 7,180.11 7,539.12 7,916.07 71 6,675.39 7,009.16 7,359.61 7,727.59 8,113.97 72 6,838.20 7,180.11 7,539.12 7,916.07 8,311.88 73 7,009.16 7,359.61 7,727.59 8,113.97 8,519.67 74 7,180.11 7,539.12 7,916.07 8,311.88 8,727.47 75 7,359.61 7,727.59 8,113.97 8,519.67 8,945.66 76 7,539.12 7,916.07 8,311.88 8,727.47 9,163.84 77 7,727.59 8,113.97 8,519.67 8,945.66 9,392.94 78 7,916.07 8,311.88 8,727.47 9.163.84 9,622.04 79 8,113.97 8,519.67 8,945.66 9,392.94 9,862.59 80 8,311.88 8,727.47 9,163.84 9.622.04 10,103.14 81 8,519.67 8,945.66 9,392.94 9,862.59 10,355.72 82 8,727.47 9,163.84 9,622.04 10,103.14 10,608.29 83 8,945.66 9,392.94 9,862.59 10,355.72 10,873.50 84 9,163.84 9,622.04 10,103.14 10,608.29 11,138.71 85 9,392.94 9,862.59 10,355.72 10,873.50 11,417.18 86 9,622.04 10,103.14 10,608.29 11,138.71 11,695.64 87 9,862.59 10, 355.72 10,873.50 11,417.18 11,988.04 88 10,103.14 10,608.29 11,138.71 11,695.64 12,280.43 89 10, 355.72 10,873.50 11,417.18 11, 988.04 12, 587.44 90 10,608.29 11,138.71 11,695.64 12,280.43 12,894.45 91 10,873.50 11,417.18 11, 988.04 12,587.44 13,216.81 92 11,138.71 11,695.64 12,280.43 12,894.45 13, 539.17 93 11,417.18 11, 988.04 12, 587.44 13,216.81 13, 877.65 94 11,695.64 12, 280.43 12, 894.45 13, 539.17 14,216.13 95 11:988.04 12, 587.44 13, 216.81 13, 877.65 14, 571.53 129 EXHIBIT 2 Health Benefits Reopener Methodology 1. When calculating the "average" increase in total monthly costs, all health plans available to City employees at the time of the reopener shall be included, regardless of whether any City employees participate in such plans at the time of the reopener (since there is the potential for an employee to choose any of the plans during open enrollment, so all should be included). 2. Add together all increases and subtract all decreases and divide by the total number of health plans available to City employees at the time of the reopener to obtain an overall average percentage increase or decrease. Multiply the overall average percentage increase or decrease by the existing monthly cap to obtain the recommended increase or decrease to the monthly cap. 4. Recommendation is subject to Council approval. 130 oWLa�4 c o EXHIBIT 3 21 TA� Sep T.�.».....� Q Q QOWSW ' O.F T1' UNUSED SICK LEAVE ELECTION FORM Government Code Section 20965 and the City's contract for retirement benefits with CalPERS provides that unused accumulated sick leave at time of retirement may be converted to additional service credit at the rate of 0.004 year of service credit for each day of unused sick leave (i.e., 250 days of sick leave equals one additional year of service credit). You will be required to have your available unused sick leave time certified by the City, should you elect to convert it to service credit upon retirement. I am requesting disposal of my unused sick leave as set forth below: Name of Employee: Retirement date: Last day of physical presence at City Hall: (Choose only one option below) Please pay me for all unused sick leave hours as of the retirement date indicated above. Please pay me for hours of unused sick leave, and certify the remainder for conversion to service credit. Please certify all of my unused sick leave hours for conversion to service cred it. **************************************************************************************************** Employee Signature Received By: Y:TORMS AND LETTERS\Forms-028-Unused Sick Leave Election Form Date Date ....J 131 T4ht 4XwQ�rw COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Approval of a Request for Proposals for the Design and Painting of Signal Boxes and Electrical Service Cabinets at Various Northern City Locations RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) (Attachment 1) to design and paint signal boxes and electrical service cabinets at four locations in the northern part of the City. FISCAL IMPLICATIONS: None at this time. It is anticipated that the art work for four locations will cost approximately $6,000. If this project is approved by City Council, the Art in Public Places Program Account No. 271-0000.451.74-80 has available funding for this project in the Fiscal Year 2010-201 1 Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 9, 2009, the Community Services Commission approved a recommendation for a Request for Proposals (RFP) to be sent out for the design and painting of signal boxes at various locations throughout the Village. The signal box mural project was completed by Julie Kirk this Spring. Commissioner Darroch had suggested that once the pilot program was completed consideration should be given to adding designs to signal boxes in the northern area of the City. On May 10, 2010, the Community Services Commission approved a recommendation to distribute an RFP to design and paint four signal boxes and electrical service cabinets in the northern part of the City. 132 The suggested locations include: • Westward Ho Drive and Adams Street • Westward Ho Drive and Dune Palms Road • Fred Waring Drive and Palm Royale Drive • Miles Street and Seeley Drive A suggestion was made to include design input from La Quinta High School for the artwork on the Adams Street and Westward Ho Drive location and the Dune Palms Road and Westward Ho Drive locations. Contingent upon the City Council's authorization to distribute the RFP, the following represents how the project is expected to proceed: Proposal Due Date June 30, 2010 Community Services Commission Review of Proposals July 12, 2010 Recommendations to the City Council August 3, 2010 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1. Authorize staff to distribute a Request for Proposals to design and paint signal boxes and electrical service cabinets at four locations in the northern part of the City; or 2. Do not authorize staff to distribute a Request for Proposals to design and paint signal boxes and electrical service cabinets at four locations in the northern part of the City; or 3. Provide staff with alternative direction. Respectful) submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposals 133 ATTACHMENT CITY OF LA QUINTA REQUEST FOR PROPOSALS FOR THE DESIGN AND PAINTING OF SIGNAL BOXES AT VARIOUS LOCATIONS IN THE CITY The City of La Quinta is requesting proposals from qualified individuals to provide originally designed murals to be designed and painted on signal boxes and electrical service cabinets at various locations in the City. This proposal will include design, painting, sealing, and all materials. PROPMAI , Applicants are encouraged to keep their proposals brief and relevant to the specific services required. The City has set aside a budget not to exceed $6,000 for the entire project, "turnkey," including, but not limited to: Design, plan, estimate, professional services, permits, approvals, any and all meetings, of original signal box murals that fit with the location. For this proposal, the Artwork is defined as follows: "Originally designed murals" means art that has been designed by an individual that is recognized as an Artist. The artwork must be able to withstand the natural elements with little maintenance, and in scale to the structures on which they are placed. Themes can relate to the individual location of each signal box as well as history, culture, sports, and flora and fauna of the area. Obtain design ideas from the La Quinta High School Art Department for the signal locations at Adams Street and Westward Ho Drive and Dune Palms Road and Westward Ho Drive. Other creative themes are also encouraged. The two signal boxes located at Adams Street and Westward Ho Drive and Dunes Palms Road and Westward Ho Drive are to be designed by soliciting input and involvement from the La Quinta High School Art Department. The artwork includes, but is not limited to: design and development of original artwork on each signal box and electrical service cabinet at the following locations: • Westward Ho Drive and Adams Street • Westward Ho Drive and Dune Palms Road • Fred Waring Drive and Palm Royale • Miles Avenue and Seeley Drive Ten copies of the proposal shall be submitted and should include the project approach, project schedule, development team (including all artists involved), and a listing of similar projects with references that are relevant to this type of work. In a separate sealed envelope, applicants must submit a cost breakdown for each location of the proposed work. SELECTION PROCESS: The Community Services Commission will rank the proposals based upon the artist's experience, approach to the project, project schedule, qualifications, written proposal, and verbal presentation to the Community Services Commission. It is anticipated that interviews will be conducted on July 12, 2010 at 5:30 p.m. Upon Community Services Commission review, a recommendation will be forwarded for City Council consideration at the August 3, 2010 City Council meeting. The successful artist will be expected to enter into an Art Purchase Agreement. •• 134 ANTICIPATED PROJECT TIMELINE: Request for Proposal Due Date June 30, 2010 Community Services Commission Review July 12, 2010 City Council Consideration August 3, 2010 CITY RIGHTS AND OPTIONS: This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of services of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to the request, to negotiate with any qualified source, or to cancel in whole or in part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective Artists may be required to submit revisions to their statements. All artists submitting proposals should note that any contract pursuant to this solicitation is dependent upon the recommendation of City staff and the approval of City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw the Request for Proposals at any time and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right that specific personnel with specific expertise be added to the team if the City determines that the specific expertise is lacking in the project team. The City of La Quinta reserves the right to abandon the RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to the Artist for any costs or damages arising out of its response to the RFP. The request to receive proposals will close at 5 p.m. on Wednesday, June 30, 2010. The proposal packages are to be delivered to: City of La Quinta Community Services Department P.O. Box 1 504 78-495 Calle Tampico La Quinta, California 92247-1504 Proposals will be addressed to the attention of Edie Hylton, Community Services Director. Please call (760) 777-7032 for more information. 135 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of 2010, by and among THE CITY OF LA QUINTA, a California municipal corporation ("City"), and ("Artist"). RECITALS A. The stated goal of the Cultural Resources Element of the general plan is to provide enrichment of the community by adequate cultural and recreational facilities and activities. To implement this goal, the general plan further states that the cultural resources of a city encompass those facilities and programs which refresh, enhance or recreate people's bodies and spirits. Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The art in public places program is intended to achieve this purpose by providing visual art throughout the city. B. The City Council has previously determined that visually pleasing and high quality public art enhance the public safety and welfare of La Quinta residents and visitors. For the benefit of its citizens and visitors, the City Council is commissioning the creation and installation of certain artwork (the "Artwork") by the Artist to be located at the following locations (the "Site Locations"): • Westward Ho Drive and Adams Street • Westward Ho Drive and Dune Palms Road • Fred Waring Drive and Palm Royale • Miles Avenue and Seeley Drive NOW, THEREFORE, in consideration of the performance by the parties of the mutual promises, covenants, and conditions contained hereinafter, the parties hereto agree as follows: ARTICLE I. SCOPE OF SERVICES AND PAYMENT 1.1 Scope of Design and Fabrication Services. Subject to the terms and conditions set forth in this Agreement, Artist shall (i) prepare, or cause to be prepared, conceptual design plans for the Artwork, including setting forth details and samples of the materials to be used and composition of the proposed Artwork; (ii) based on the conceptual design plans approved by City, develop working drawings which shall be incorporated into the Schedule of Performance attached hereto as Exhibit A; and (iii) fabricate and install the Artwork as more particularly described in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. Artist shall perform his/her obligations in strict conformance with the terms and conditions set forth in this Agreement and shall take all other actions necessary and incidental to the performance of said obligations. 1.2 Periodic Review. City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit regular progress narratives, including photographs, to City as required by the Schedule of Performance set forth in Exhibit B. The narratives shall clearly state the percentage of the Artwork completed to date and provide an estimated completion date. 1.3 Materials and Labor. Artist shall furnish all tools, equipment, apparatus, labor, services, 13 6 materials, and transportation necessary to perform the Design and Fabrication Services more fully described in Exhibit A and to install the Artwork, together with any appurtenances thereto, in a good and workmanlike manner in the Site Location(s) as more fully described in said Exhibit A or reasonably inferable therein. If Artist fails to furnish the labor, materials, equipment, and or services necessary to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to City for all losses or damages that City may suffer as a result of such failure, including any additional costs incurred by City in obtaining such material or labor from other sources. 1.4 Change Orders. Artist shall strictly adhere to the Scope of Design Build Services set forth in Exhibit A, unless a change there from is authorized in writing by City. Artist shall present any and all significant changes to the Artwork not permitted by or in substantial conformity with the approved working drawings and the Scope of Design Build Services set forth in Exhibit A to City in writing in advance for its review and approval. If City grants such approval, the terms of said change shall be memorialized in a written change order signed by both parties hereto prior to commencement of said revised work. For the purposes of this section, a "significant change" is any change in the scope, design, color, size, material, texture, or site location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services set forth in Exhibit A. 1.5 Working Environment. Artist shall, at all times, maintain a safe work area and provide safe access to both the Artwork and the sites wherein the Artwork is located prior to installation at the Site Location for inspection of the Artwork by City and its representatives. 1.6 Testing and Inspections. Where specifications require the Artwork to be specially tested or approved, Artist shall not perform such testing, or cause such testing to be performed, until (1) Artist has first provided timely notice to City that the Artwork is ready for inspection and/or testing, and (2) City has inspected and approved of the Artwork or consented to said testing in writing. Artist shall, at its sole cost and expense, perform all work required to comply with scheduled inspections and testing, and any requests for corrections City or other inspection authorities make as a result of such inspections or testing. 1.7 Post -Creation Obligations. a. Upon completion of the Artwork, and at all times during creation and installation of the Artwork, the Artist shall comply with all applicable statutes, ordinances, and regulations of any governmental agency having jurisdiction over Artist or the Artwork. b. Artist shall ensure that the Artwork is installed in a safe manner, and is designed to withstand the forces of nature it is expected to be exposed to during its lifetime, including, but not limited to, wind, rain, sun, and earthquake, as reasonable for artwork of a similar nature. 1.8 Post -Installation Obligations. a. Artist shall be available at such reasonable time or times as may be agreed between City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. 137 b. City shall have the right to arrange for publicity for the completed Artwork by local media and publications and as otherwise as may be determined by City, in its sole and absolute discretion, following installation. C. Upon installation of the Artwork, Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork. 1.9 Final Acceptance. Artist shall advise City in writing when Artist believes that installation of the Artwork at the Site Location is complete. Following receipt of such notice, City shall promptly cause the installed Artwork to be inspected. Within five (5) working days following completion of such inspection(s), City shall either (i) provide Artist with reasonably specific written objections, and a list of necessary corrections to the installed Artwork that Artist must complete, or (ii) notify Artist of its acceptance of the Artwork by issuing a Notice of Completion in the form attached hereto as Exhibit D. Said Notice of Completion shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. 1.10 Risk of Loss. Artist shall bear the risk of loss or damage to the Artwork during fabrication and installation until City issues the Notice of Completion indicating its acceptance of the Artwork as provided in Section 1.9. Upon Artist's receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by City. Prior to City's issuance of the Notice of Completion, Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until final acceptance by City. 1 .1 1 Compensation to Artist: City agrees to pay Artist for the Artwork the compensation set forth in Exhibit C. The total compensation to be paid to Artist shall not exceed $ ( Dollars). The parties agree that said compensation represents full payment to Artist for the design, fabrication and installation of the Artwork, including compensation for all professional services and reimbursement for expenses, and City shall have no additional financial obligations under this Agreement. ARTICLE 11. TIME OF PERFORMANCE 2.1 Time. Artist shall perform his/her obligations under this Agreement in a punctual and diligent manner and in accordance with the Schedule of Performance attached hereto as Exhibit B. In the event Artist fails to perform fully any and all of its obligations under this Agreement, then City may, at its option, after first giving twenty-four (24) hours written notice to Artist, provide any such labor and materials as may be necessary for the completion of the Artwork. In such event, City may deduct the cost of said labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by City is completely finished. Upon completion of the work, if the unpaid balance of the amount to be paid to Artist under this Agreement exceeds the expenses incurred by City in securing labor and materials from other sources and/or in finishing Artist's work, such excess shall be paid to Artist. Conversely, if the expenses incurred by City as described above exceed the unpaid balance due to Artist, then Artist shall promptly pay to City the amount by which such expenses exceed the remaining unpaid balance. The expenses incurred by City, as herein provided, shall be chargeable to and paid by Artist. 138 ARTICLE III. WARRANTIES 3.1 Title. Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist and Artist is the creator and owner of the Artwork design; (b) that the Artwork is unique and original and does not infringe upon any copyright; (c) that the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; (d) that to the best of his/her knowledge the Artwork is not presently subject to claims of ownership, lien or encumbrance or to common law or statutory copyright claims of any other person, institution, or domestic or foreign government; and (e) that the Artwork is free and clear of any and all encumbrances and/or monetary liens. Artist covenants to defend, indemnify and hold City, and City's elected and appointed officials, officers, employees, servants, attorneys, volunteers, and agents harmless from any loss, claim or liability in any way related to a claim that that the Artwork violates federal, state or local laws, or any contractual provisions, relating to copyrights, trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. Artist shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices or processes used on or incorporated in the Artwork produced under this Agreement. In case such materials, equipment, devices or processes are held to constitute an infringement and their use is enjoined, Artist shall, at his/her expense, either (a) secure for City the right to continue exhibiting the Artwork by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Artwork so that it becomes non -infringing. The covenant and warranties set forth in this Section 3.1 shall survive the termination of this Agreement. 3.2 Quality and Condition. Artist represents and warrants, except as otherwise disclosed to City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by Artist to City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after acceptance of the Artwork as evidenced by a Notice of Completion issued in accordance with Section 1 .9, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from the acceptance of the Artwork. City shall give notice to Artist of any observed and claimed breach with reasonable promptness. Artist shall, at the request of City, and at no cost to City, cure reasonably and promptly the breach of any such warranty which is curable by Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. LOCATION AND DISPLAY OF ARTWORK 4.1 Location/Display. Notwithstanding any other provision of this Agreement, Artist hereby acknowledges and agrees that City shall have sole and absolute discretion on the determination of the location and placement of the Artwork. Artist further acknowledges and agrees that City may determine to relocate the Artwork or remove and dispose of the Artwork in its sole and absolute discretion. In the event City elects to remove and dispose of the Artwork, City shall, subject to the provisions of Section 8.4 of this Agreement, notify Artist at least 30-days in advance of the proposed removal and provide Artist an opportunity, at his/her sole costs, to take possession of and remove the Artwork from the Site. 139 ARTICLE V. PARTY REPRESENTATIVES 5.1 City Representative. For the purposes of this Agreement, City's representative shall be the Director of Community Services, or such other person as the Director designates in writing (hereinafter the "City Representative"). It shall be Artist's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and obligations more particularly described in Exhibit A, and Artist shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Artist Representative. For the purposes of this Agreement, [insert name of Artist]("Artist") is the sole principal and representative of Artist authorized to act in his/her behalf with respect to the services specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of Artist were a substantial inducement for City to enter into this Agreement. Therefore, Artist shall be responsible during the term of this Agreement for performing or directing all activities of Artist and devoting sufficient time to personally perform or supervise, as appropriate, the services hereunder. Artist may not assign all or any of his/her obligations under this Agreement without the prior written approval of City. ARTICLE VI. OWNERSHIP OF ARTWORK; REPRODUCTION RIGHTS 6.1 Ownership of Artwork. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall pass to and vest in City upon (i) the commencement of the installation process or (ii) Termination of the Agreement as provided in Article X hereinafter. 6.2 Title to Intellectual Property. Upon issuance of the Notice of Completion, title to all copyright and other intellectual property rights in the Artwork shall also pass to and vest in City. City shall have all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the Artwork, including ownership and possession. Artist shall retain no rights in the Artwork and shall have no rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq. In view of the intention that the Artwork shall be unique, Artist shall not make any duplicates or reproductions of the final artwork, nor shall Artist grant permission to others to do so. The parties recognize that City alone may grant such approval. City and its assigns may make reproductions of the Artwork for commercial purposes, including but not limited to reproductions used in posters, advertising, brochures, media publicity, and catalogues, provided that these rights are exercised in a tasteful and professional manner. All proceeds from such reproductions shall belong to the City. All reproductions of the Artwork by City shall include a credit to Artist and identify the location of the Artwork. ARTICLE VII. ADDITIONAL ARTIST OBLIGATIONS 7.1 Artist's Address. Artist shall notify City of any change in address. City shall take reasonable effort(s) to locate Artist when matters arise relating to the Artist's rights under this Agreement. 7.2 Surviving Covenants. The covenants and obligations set forth in this Article VIII shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VIII. 7.3 Independent Contractor. Artist is, and shall at all times remain as to City, a wholly independent contractor. Artist shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Artist or any of Artist's employees (if any), except as set forth in this Agreement. Artist shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Artist agrees to pay all required taxes on amounts paid to Artist under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Artist shall fully comply with the workers' compensation law regarding Artist and its employees (if any). Artist further agrees to indemnify and hold City harmless from any failure of Artist to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Artist under this Agreement any amount due to City from Artist as a result of Artist's failure to promptly pay to City any reimbursement or indemnification arising under this Section 7.3. ARTICLE VIII. ARTIST'S RIGHTS 8.1 Identification. The City shall, at its expense, prepare and install at the Site Location, a plaque identifying Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair for as long as the Artwork is displayed. 8.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. Until such time as City determines it no longer wishes to display the Artwork, the City shall maintain the Artwork. 8.3 Repairs and Restoration. a. City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. At City's option, Artist, during Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that City and Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon Artist's fee for such services. City shall have no obligation to utilize the services of Artist in this respect if it chooses to have the repairs and restoration done by other professionals. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 8.4 Maintenance, Alteration and Removal of the Artwork. a. City shall maintain Artwork in a manner that City determines appropriate in its sole discretion. All decisions regarding alterations to, or relocation or removal of, the Artwork are within the sole and absolute discretion of the City. b. If any alteration is made to the Artwork without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In 141 connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the federal Visual Artists Rights Act (17 U.S.C. § § 106A and 1 13(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and the rights and protection afforded Artist thereunder. Artist, on behalf of him/herself and on behalf of his/her successors, heirs, and assigns, hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against City, and its elected and appointed officials, officers and employees arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature, or any other type of moral right protecting the integrity of works of art to the fullest extent permitted by law. Without limiting the generality of the foregoing, Artist expressly waives any rights under the federal Visual Artists Rights Act (17 U.S.C. § § 106A and 1 13(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws relating to the location, placement, or removal and disposal of the Artwork. C. The parties acknowledge and agree that because the Artwork is being installed [describe conditions, for example: "on an interior wall of a building owned by the City" or "in a manner that precludes its remove it without damage"], it will not be possible to preserve the Artwork if the City determines that it no longer wishes to have the Artwork on display at that Site Location. By way of example, the parties recognize that is would not be feasible or practical to relocate the Artwork after it is installed. For this reason, the parties agree that City shall have the right at any time and for any reason, to remove, destroy, or otherwise dispose of the Artwork, and Artist shall have no right to notice of such actions. City shall have no obligation to preserve the Artwork if it determines it no longer wishes to display the Artwork. In addition, should City transfer property containing the Site Location to a third party, all obligations of City under this Agreement shall terminate. 8.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. ARTICLE IX. ASSIGNMENT OR TRANSFER 9.1 Artist shall not assign or transfer any interest in this Agreement without the prior written consent of City. If the assignment is approved the parties shall enter an assignment and assumption agreement. Any attempt by Artist to assign, transfer, or subcontract any rights, duties, or obligations arising hereunder without city's prior written consent shall be null, void and of no effect. ARTICLE X. TERMINATION 10.1 City may, at its option, by written notice to Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination." Upon Termination, except as provided in this Article X, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been 142 completed, shall be transferred to and shall belong to City. In the event of a Discretionary Termination, and upon Artist's written request, City shall remove Artist's name from the Artwork. ARTICLE XI. INSURANCE AND INDEMNIFICATION. 11.1 Insurance. Prior to commencing any work under this Agreement, and throughout the duration of the term of this Agreement, Artist shall procure and maintain, at its sole cost, and submit concurrently with its execution of this Agreement, insurance as described herein. All insurance coverage required by this Agreement shall be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating level of A- or better, Class VI or better, unless otherwise approved by City's Risk Manager in writing. 11.1.1. Minimum Coverage. Insurance shall include the following (or broader) coverage: a. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 or its equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. 11.1.2. Required Endorsements. Liability insurance policies required to be provided by Artist hereunder shall contain or be endorsed to contain the following provisions: a. City, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the Work or related to the Contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. b. General liability insurance shall apply to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to City's vicarious liability. C. Liability coverage shall be primary and non-contributing with any insurance maintained by City. d. Each policy required hereunder, and the associated evidence of coverage (including employer's liability policies), shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days' prior written notice has been given to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. e. No liability insurance coverage provided to comply with this Agreement shall prohibit Artist, or Artist's employees, or agents, from waiving the right of recovery prior to a loss. Artist waives its right of recovery against City. 1 1 .1 .3. Verification of Coverage. Artist shall deposit with City within fifteen (1 5) days of Notice to Proceed of the Contract certificates of insurance evidencing the coverage required hereunder and all required endorsements. 143 11.1.4. No Waiver or Obligation. There shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Artist hereunder. Any failure, actual or alleged, on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City. City has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Artist or City will withhold amounts sufficient to pay premium from Artist payments. 11.1.5. Prompt Notice. Artist agrees to provide immediate notice to City of any claim or loss against Artist arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 11.1.6. Subcontractors. Artist shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor approved by City. All coverages for subcontractors, if any, shall be subject to all of the requirements stated herein unless otherwise approved in advance in writing by City's Risk Manager. 11.2 Indemnification. 11.2.1. Indemnification. To the fullest extent permitted by law, Artist shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all liability, claims, suits, actions arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney fees incurred by City, court costs, interest, defense costs including fees of expert Artists or expert witnesses incurred in connection therewith and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of or arising out of or in any way attributable, in whole or in part, to Artist's performance of this Agreement. All obligations under this provision are to be paid by Artist as City incurs them. 11.2.2Exception to Artist's Obligation to Indemnify. Without affecting the rights of City under any provision of this Agreement or this section, Artist shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or by the findings of a court of competent jurisdiction. This exception will apply only in instances where City is shown to have been solely at fault and not in instances where Artist is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Artist will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of City. 1 1 .2.3 Artist Acknowledgment. Artist acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Q 4 11.2.41ndemnity Provisions for Subcontractors. Artist agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier Artist or any other person or entity involved by, for, with or on behalf of Artist in the performance of this Agreement. In the event Artist fails to obtain such indemnity obligations from others as required here, Artist agrees to be fully responsible according to the terms of this section. 1 1 .2.5 No Waiver; Survival. Failure of City to monitor compliance with the requirements of this Section 11.2 imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. Artist's obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Artist and shall survive the termination of this Agreement or this section. 11.3 Remedies. In addition to any other remedies City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Artist to stop work under this Agreement and/or withhold any payment(s) which become due to Artist hereunder until Artist demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Artist's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's or its subcontractors' performance of work under this Agreement. ARTICLE XII. GENERAL PROVISIONS 12.1 Notices. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given (a) upon the delivery or receipt thereof, as the case may be, if delivered personally or recognized overnight courier service; or (b) on the third business day following deposit in the United States mail, sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: CITY: ARTIST: City of La Quinta Attn: Community Services Director P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 12.2 Nondiscrimination. In the performance of the services under this Agreement, neither Artist nor City shall discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. In 145 addition, Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. 12.3 Entire Agreement. This Agreement, and all exhibits attached hereto and incorporated herein by specific reference, embodies the entire integrated agreement and understanding between the parties hereto. There are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. 12.4 Modification. This Agreement and each of the terms embodied herein may be amended, altered, changed, or modified only by a written instrument signed by each party hereto and approved by appropriate action of City. 12.5 Waiver. No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 12.6 Governing Law; Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in the Indio Branch municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 12.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. 12.8 Severance. If a court of competent jurisdiction determines that any provision(s) of this Agreement is invalid, void, or illegal, such provision(s) shall be severed from the Agreement and shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 12.9 Substitution. Whenever in the specifications of materials or process the Scope of Services indicates or specifies materials or processes by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL," and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. Artist shall not offer any substitute material or process if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by City. 12.10 Effective Date. Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by City. 146 12.11 Force Maleure. In addition to specific provisions of Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by Developer, City and Artist. [THIS SPACE INTENTIONALLY LEFT BLANK — SIGNATURES BEGIN ON NEXT PAGE] i47 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California Municipal Corporation ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ARTIST - By: THOMAS P. GENOVESE, City Manager Title: State License N 148 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK a. Artist shall furnish all labor, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. b. Artist is responsible for submitting all required documents relating to the Artwork design so that all required approvals may be obtained in a timely manner. C. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the Artist shall not be charged to the City unless the City has agreed to such charge in writing. d. Artist shall complete the design in sufficient scale and detail as required by the City for approval. e. Artist's design shall be subject to approval by the City. f. Artist is not authorized to utilize the Site Location to display artworks (other than the Artwork which is the subject of this Agreement), and is not authorized to conduct any sales activities at the Site Location. g. Should the City wish to make posters or prints of the Artwork, Artist shall cooperate with the City's efforts, and shall execute any necessary consent forms, waivers, or other required documentation. The City owns all rights with regarding to the Artwork, including the right of reproduction in the form of photographs, prints and posters, and has the right to sell these items. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: a. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this Agreement. b. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. C. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. Artist shall keep his work area in a neat and orderly manner, consistent with the operation of the Site Location, which will be open to the public during the installation. The Artist shall be responsible for all necessary signage or barricades to protect the 149 Artwork during the installation. d. Artist shall provide for all unloading and bracing for the Artwork, and shall ensure that the area in which he is working is maintained in a safe and orderly manner. III. SPECIFIC ITEMS OF INCLUSION 150 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: 151 EXHIBIT C SCHEDULE OF COMPENSATION SCHEDULE OF PAYMENT TO ARTIST BY CITY: City shall pay Artist a deposit in the amount of: City shall pay Artist after completion: Total Not to Exceed: 152 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: WHEREAS, by that certain Art Purchase Agreement dated , 2009 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation ("City") contracted with ("Artist') to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, City has executed this certificate this day of 2009. CITY OF LA QUINTA, a California Municipal Corporation am LU 153 Twyl 4 4 Qu&Z COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Approval of a Lease Agreement with Coachella Valley Water District for Use.of the Well Site at Pioneer Park RECOMMENDATIO AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Lease Agreement (Attachment 1) with Coachella Valley Water District (CVWD) for use of the well site at Pioneer Park, subject to any minor revisions approved by the City Attorney and City Manager, and authorize the City Manager to execute the Agreement. FISCAL IMPLICATIONS: Funding is being proposed in the Fiscal Year 2010-201 1 Parks Budget for the $4,000 annual lease payment in Account No. 101-3005-451.32-60. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 5, 2008, a letter was submitted to the City Council requesting additional dog parks in the City. The City currently has two dog parks; one located at Fritz Burns Park and one at Pioneer Park. City Council directed staff to research the potential for additional and expanded dog parks in the City. Staff prepared several alternatives for the Community Services Commission to consider that addressed the pros and cons of several sites including development costs and ongoing maintenance. Costs include fencing, irrigated turf, shade structures with benches, bollards with low-level lighting, drinking fountains for people and dogs, dog bag dispensers, trash cans, and signage. On January 12, 2009, the Community Services Commission reviewed staff's recommendations and listened to public comment regarding dog parks within the City. The Commission approved the recommendation of adding a dog park at the Seasons Retention Basin and expanding the Pioneer Park dog park into the well site located directly east of the dog park. 154 On February 17, 2009, City Council gave approval to design the development of a dog park at Seasons Retention Basin and the expansion of the dog park at Pioneer Park as Capital Improvement Projects for Fiscal Year 2009-2010. Staff proceeded with design and cost estimates and conducted the necessary CEQA review and documentation processes. The request for approval of the plans, specifications, and engineering will be presented to City Council as soon as the plans are finalized. The expansion of the Pioneer Dog Park is planned for the CVWD well site. CVWD has provided a 5 year (renewable) lease agreement that allows the use of the property under the condition that CVWD holds the right to develop the well site at any time. It further states that the City will lose the value of the improvements it puts in and bears the expense of removing the improvements upon 90 days notice. The Lease Agreement with CVWD will need to be approved for the Pioneer Dog Park expansion project to continue. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Lease Agreement with Coachella Valley Water District for use of the well site at Pioneer Park, subject to any minor revisions approved by the City Attorney and City Manager, and authorize the City Manager to execute the Agreement; or 2. Do not approve a Lease Agreement with Coachella Valley Water District for use of the well site at Pioneer; or 3. Provide staff with alternative direction. Respectfully submitted, V Z146 Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Lease Agreement 155 ATTACHMENT LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement") is made this day of 2010 ("Effective Date") for identification purposes only, by and between COACHELLA VALLEY WATER DISTRICT, a public agency ("CVWD") and the CITY OF LA QUINTA, a municipal corporation ("Lessee"). RFCITAI S- A. CVWD owns certain real property located in Riverside County, California, and described and/or depicted on Exhibit "A" attached hereto and by this reference incorporated herein ("Premises"). B. Lessee desires to obtain a limited non-exclusive right to use the Premises from CVWD and CVWD is willing to grant a limited non-exclusive right to Lessee to use the Premises upon the terms and conditions set forth herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: ARTICLE I TERM 1.01 Term. This Agreement shall commence on the Effective Date ("Commencement Date") and end at midnight five (5) years after the Commencement Date ("Expiration Date"), unless sooner terminated as provided in this Agreement. 1.02 Option to Renew. (a) Lessee is hereby granted and shall have, if not at the time in default under this Agreement, an option to renew this Agreement for one (1) additional five (5) year period after the Expiration Date ("Extension Period"). The extension shall be on the same terms, covenants and conditions contained herein, except for the amount which is set forth in subsection (c) below. (b) The option must be exercised by Lessee delivering written notice to CVWD as provided in Section 8.01, at least three (3) months, but not more than six (6) months prior to the Expiration Date. (c) The parties agree that the payment of consideration during the Extension Period shall be the greater of the following: (i) the amount provided in Section 2.01(a) for the last year of the initial term of the Agreement; or (ii) the amount set forth below. Not later than two (2) months prior to the Expiration Date, the parties shall attempt to arrive at a mutually agreeable annual payment for the use of the Premises during the Extension Period. If Lessee and CVWD cannot determine an agreeable annual rate for the Premises at least two (2) months prior to the Expiration Date, CVWD shall appoint an appraiser, at Lessee's sole cost and expense, to determine the fair market rate to be paid as payment pursuant to Section 2.01(a) for the Extension Period; provided that Lessee shall deposit the estimated cost for the appraiser prior to the appointment thereof. The appraiser's determination of the fair market amount shall be binding and final on the parties hereto, except to the extent that the amount provided in Section 2.01(a) for the last year of the initial term of the Agreement is greater than the appraiser's determination, in which case Lessee shall pay the amount set forth in Section 1.02(c)(i). Notwithstanding the foregoing, Lessee may withdraw the exercise of the option prior to the Expiration Date. 1.03 Termination of Agreement. This Agreement may be terminated without further liability on ninety (90) days prior written notice by either party to the other. ARTICLE II PAYMENTS; TAXES; UTILITIES 2.01 Annual Payment. (a) Lessee shall pay to CVWD an annual payment of Four Thousand and No/100 Dollars ($4,000.00). The payment of the first year's rent shall be payable on the execution of this Agreement by Lessee. Rent thereafter, shall be paid in advance, annually, beginning one (1) year after the Commencement Date. (b) The annual payment shall be increased on the second (2nd) anniversary of the Commencement Date of this Agreement and on each successive year anniversary thereafter, by an amount equal to four percent (4%) over the annual payment in effect immediately preceding the increase. In the event Lessee exercises its option pursuant to Section 1.02, the annual payment shall be adjusted on the second (2nd) anniversary of the Extension Period and on each successive year anniversary thereafter by an amount equal to four percent (4%) over the annual payment in effect immediately preceding the increase. 2.02 Late Payment. If the payment is not paid within thirty (30) days from due date, Lessee shall pay to CVWD an additional five percent (5%) for each payment due as an administrative processing charge. The parties agree that this late charge represents a fair and reasonable estimate of the administrative costs that CVWD will incur by reason of late payment by Lessee. Acceptance of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount or prevent CVWD from exercising any of the other rights and remedies available to CVWD. Payments not paid when due shall bear simple interest from the date due, at the rate of ten percent (10%) per annum, provided such amount shall not exceed the maximum rate allowed under California law. 2.03 Taxes. The parties hereby agree that Lessee shall pay all property taxes, assessments or other charges of every description levied on or assessed against the Premises, improvements located on the Premises by Lessee, personal property located on or in the Premises by Lessee, the leasehold estate, or any subleasehold estate, to the full extent of the installments falling due during the term; although neither CVWD nor Lessee believe that any taxes should be due since both are public agencies. All tax payments shall be made directly to the charging authority by Lessee before delinquency and before any fine, interest, or penalty shall become due or be imposed by operation of law for their nonpayment. If, however, the law expressly permits the payment of all or any of the above taxes in installments (whether or not interest accrues on the unpaid balance), Lessee may -2- 15 7 utilize the permitted installment method, but shall pay each installment with any interest before delinquency. ARTICLE III USE 3.01 Purposes. Lessee, its Residents (as defined herein) and invitees shall have the right to use the Premises during the term of the Agreement as a canine park and for no other purpose, without the express written consent of CVWD. The use of the Premises by Lessee, its Residents and Users shall be during normal park operations hours per the La Quinta Municipal Code 11.44.060, as it may be amended from time to time. Lessee hereby agrees that all persons who enter the Premises pursuant to this Agreement shall do so at their own risk, and shall at all times comply with any and all instructions and directions of CVWD or reasonable rules and regulations promulgated by CVWD. The term "Residents" shall mean any person residing within the City of La Quinta. The term "Users" shall mean any person who is using the premises. 3.02 Permits/Compliance with Regulations. Lessee shall, at its own cost and expense, apply for and obtain all necessary consents, approvals, zoning changes or variances, permits, authority, licenses, or entitlements, if any, from all appropriate governmental authorities to use the Premises for the purposes necessary to implement Section 3.01. Lessee shall comply with and conform to all laws and all requirements and orders of any municipal, state, or federal board or authority, present and future, in any way relating to the use of the Premises by Lessee throughout the entire term of this Agreement, including, without limitation, leash laws and control of domestic canines and the creation of canine parks. 3.03 Reservation by CVWD. Lessee acknowledges and understands that CVWD is a public agency with a mandate to serve its constituency and its public function. CVWD would not have entered into this Agreement without Lessee's understanding and agreement that during the term of this Agreement, CVWD reserves the right to continue the use of the Premises in such manner as shall be determined by CVWD in its sole and absolute discretion. In addition to the foregoing, Lessee expressly acknowledges, understands and agrees that CVWD may construct facilities or improvements or place any personal property on the Premises that CVWD considers necessary, in its sole and absolute discretion. Lessee further acknowledges that the rights retained by CVWD may have an adverse impact on the use of the Premises by Lessee, its Residents and invitees and Lessee recognizes the paramount right of CVWD with respect to the Premises. Notwithstanding the adverse impact, Lessee waives any claim or defense it may have against CVWD and any right or offset against or deductions from annual payments pursuant to Section 2.01, or any other sum payable under this Agreement based upon interruption of or interference with the use of the Premises by Lessee, its Residents and invitees caused by CVWD's exercising its rights pursuant to this subsection 3.03. Further, no exercise by CVWD of any rights herein reserved shall entitle Lessee to any compensation by CVWD or reduction of annual payments pursuant to Section 2.01, or compensation paid by Lessee to CVWD for any inconvenience or for a loss of space due to the addition of CVWD's facilities to or use of the Premises. Lessee hereby agrees that the use of the Premises by Lessee, its -3- 11 158 Residents and invitees is subordinate and secondary to CVWD's use of the Premises. Lessee's, or its employees', agents' Residents' and invitees' use of the Premises shall not interfere (which determination shall be in CVWD's sole discretion) in any way with CVWD's operations. In the event use of the Premises by Lessee, its Residents and invitees interferes with CVWD's operations, Lessee shall immediately cease or cause its Residents and invitees to cease using the Premises upon receiving written notification to do so, and shall commence use of the Premises again only when said interference has been eliminated. 3.04 Building Restrictions. (a) Subject to the provisions of this subsection, Lessee shall have the right to construct walkways, shade structures, irrigation systems and to install trees and turf on the Premises. Prior to the construction or installation of the foregoing, Lessee shall submit to CVWD plans and specifications for such construction and installation ("Plans") for approval, which approval may be withheld in CVWD's reasonable discretion. In the event CVWD disapproves the Plans, Lessee shall cause the Plans to be modified in accordance with the reasons given for disapproval and shall resubmit the Plans to CVWD for approval or disapproval. The foregoing procedure shall be continued until the Plans have been approved by CVWD. The construction and installation shall be in strict compliance with the approved Plans. Except for the improvements referred to herein, no other improvements shall be located on the Premises without the prior written consent of CVWD, which consent may be withheld in CVWD's sole and absolute discretion. In the event CVWD needs to use the Premises or upon the termination or expiration of this Agreement, Lessee shall remove the improvements located on the Premises by Lessee, at Lessee's sole cost and expense. (b) In the event CVWD consents to the construction of an improvement on the Premises, Lessee shall pay or cause to be paid, the total cost and expense of all works of improvement, as that phrase is defined in the Mechanic's Lien law in effect at the time the works of improvement begin. Lessee shall not suffer or permit to be enforced against the Premises, or any part of it, any mechanic's, materialmen's, contractor's, or subcontractor's lien arising from any work or improvement, however it may arise. 3.05 Condition of Premises. The use of the Premises shall be granted to Lessee "as is" and with all faults. Lessee hereby covenants and agrees: (1) there are no representations or warranties of any kind whatsoever, expressed or implied, made by CVWD, except as set forth in this Agreement, including, without limitation, the land, land use controls, building restrictions, the purposes for which the Premises are suited, access to public roads or the availability of requisite governmental permits and/or approval; (2) Lessee is entering into the Agreement relying entirely on its own investigations of the Premises; and (3) Lessee further acknowledges that at the beginning of the term of this Agreement, it shall be aware of all regulations, other governmental requirements, site and physical conditions, and other matters affecting the use and condition of the Premises, and Lessee agrees to accept the use of the Premises in the condition that it is in at the start of the Agreement. CVWD makes no covenants or warranties respecting the condition of the soil or subsoil or any condition of the Premises. Upon the execution of this Agreement by CVWD the Premises shall conclusively be deemed to be fit and proper for the purposes for which the same is hereby let. CVWD shall have no duty to inspect the Premises and shall have no duty to warn any person of any latent or patent defect, condition or risk that -4- 1. 159, may exist in or around the Premises or that might be incurred in the exercise of the rights granted herein. In no way limiting the generality of the foregoing, Lessee waives any claim or action against CVWD in respect of the condition of the Premises, including any defects or adverse conditions not discovered or otherwise known by Lessee as of the date hereof. ARTICLE IV MAINTENANCE; REPAIRS; ALTERATIONS; RECONSTRUCTION 4.01 Maintenance of Premises. Lessee shall, at Lessee's sole cost and expense, keep the Premises, including any improvements or personal property located on the Premises in accordance with Section 3.04 and the interior landscaping in good order, repair and condition at all times and in accordance with the requirements of CVWD, as established from time to time, during the term of this Agreement. Lessee shall, at Lessee's sole cost and expense, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken improvements and landscaping located or to be located on the Premises. Lessee's maintenance obligation shall include the disposal of animal waste from the Premises on a daily basis. Lessee shall be responsible for any damage done to the Premises during the term of this Agreement by Lessee and its Representatives (as defined below) or its or their property or animals. Lessee and its Representatives shall clean and retrieve all waste produced by the canines. Throughout the term, Lessee shall, at Lessee's sole cost and expense, clean the Premises of waste and other material caused by the use of the Premises by Lessee and its Representatives. CVWD shall not be required to furnish any services or facilities or clean the Premises of waste and other material caused by the use of the Premises by Lessee and its Representatives. CVWD's election to perform any obligation of Lessee under this provision on Lessee's failure or refusal to do so shall not constitute a waiver of any right or remedy for Lessee's default, and Lessee shall promptly reimburse, defend, and indemnify CVWD against all liability, loss, cost and expense arising from it. ARTICLE V ASSIGNMENT AND SUBLETTING 5.01 Assignment. (a) Lessee shall have no right to assign, sublet, encumber or otherwise transfer this Agreement, either voluntarily or by operation of law, in whole or in part, nor to otherwise permit use of the Premises by any party other than Lessee, its Residents and invitees of all or any part of the Premises without the prior written consent of CVWD in each instance, which consent may be withheld in CVWD's sole and absolute discretion. (b) In the event CVWD shall consent, each transfer shall be evidenced by a written instrument in a form satisfactory to CVWD, executed by Lessee and the transferee, under which the transferee shall agree in writing for the 5- i60 benefit of CVWD to assume, to perform and to abide by all of the terms, covenants and conditions of this Agreement to be done, kept and performed by Lessee, including the payment of all amounts due or to become due under this Agreement directly to CVWD and the obligation to use the Premises only for the purpose specified herein. IIOWI11401r4ld 6.01 Insurance. Lessee shall carry and maintain, at Lessee's sole cost and expense, at all times during the term of this Agreement, not less than the following coverage and limits of insurance which shall be maintained with insurers and under forms of policies satisfactory to CVWD: (a) Worker's Compensation and Employer's Liability: (i) State Worker's Compensation - coverage as required by law; (i i) Employer's Liability with limits of at least $1,000,000 per occurrence. (b) Automobile Liability for Bodily Injury and Property Damage: $1,000,000 per person, $1,000,000 per occurrence. (c) Commercial General Liability for Bodily Injury and Property Damage: $1,000,000 per person, $1,000,000 per occurrence. The insurance required pursuant to subsections (b) and (c) shall include owned, nonowned and hired automobile (vehicle) liability, personal injury, blanket contractual, broad form property damage and products/completed operations liability coverage. These policies may contain an aggregate limit not less than the occurrence limit. The required limits may be satisfied by a combination of a primary policy and an excess or umbrella policy. 6.02 Additional Requirements. (a) All insurance required pursuant to the express provisions of this Agreement shall: (i) Provide that coverage shall not be revised, cancelled or reduced until at least thirty (30) days' written notice of such revision, cancellation or reduction shall have been given to CVWD. (ii) Be issued by insurance companies which are qualified to do business in the State of California and which have a current A.M. Best rating of A - IV or better. (iii) Be reasonably satisfactory to CVWD in all other reasonable respects. (b) The policies required pursuant to this Agreement or a certificate of the policies, together with evidence of payment of premiums, shall be provided to CVWD prior to the commencement of any term of this Agreement. (c) The comprehensive general liability and automobile liability insurance to be maintained by Lessee pursuant to this section above shall: (i) Name CVWD and its employees, directors, officers and agents as an additional insureds; (ii) Apply severally to Lessee and CVWD with the provision that any other insurance carried by CVWD shall be noncontributory; (iii) Cover Lessee and CVWD as insureds in the same manner as if separate policies had been issued to each of them. (iv) Contain no provisions affecting the rights which either of them would have as claimants if not so named as insureds. (v) Be primary insurance with any other valid and collectible insurance available to the aforesaid additional insureds constituting excess insurance. (d) Lessee shall procure an appropriate clause in, or an endorsement on, each insurance policy required hereunder, pursuant to which the insurance companies waive all right of recovery by way of subrogation in connection with any damage covered by any policy or consent to a waiver of right of recovery against CVWD, and Lessee does hereby agree that it shall not make any claim against or seek to recover from CVWD any loss or damage to Lessee's property or the property of others, resulting from fire or any of the risks insured against under any policy required by this Agreement. (a) The insurance listed in this Article VI shall be subject to adjustment on the Extension Period. If, in the sole judgment of CVWD's Risk Manager, the amount of insurance coverage pursuant to Section 6.01 is not adequate, CVWD shall provide Lessee with written notice of the amount of insurance coverage, that CVWD deems adequate within sixty (60) days after receipt thereof, the insurance coverage shall be adjusted accordingly by Lessee Insurance Company until further revised in accordance with this paragraph. Lessee shall provide CVWD with the amended policy or a certificate of policy within ninety (90) days after receipt of the written notice. 6.03 Failure to Procure. If Lessee fails or refuses to procure or to maintain the insurance as required by this Agreement or fails or refuses to furnish CVWD with required proof that the insurance has been procured and is in force and paid for, CVWD shall have the right, at CVWD's election and upon twenty (20) days prior written notice to Lessee, to procure and maintain such insurance. The premiums paid by CVWD shall be treated as added consideration due from Lessee to CVWD with interest at the rate of ten percent (10%) (but in no event shall interest be charged in excess of the maximum rate permitted by California law), to be paid on the first day of the month following the date on which the premiums were paid. CVWD shall give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the date of the notice. 6.04 Indemnity. Lessee shall indemnify and hold harmless CVWD and its directors, officers, agents, employees, representatives, consultants and their respective successors and assigns (collectively, "CVWD Indemnitees") from and against any and all claims, proceedings, actions, causes of action, orders, liabilities, -7- 162 costs (including attorneys' fees and court costs) or damages of whatever kind or nature (collectively, "Claims"), including, without limitation, Claims arising from or in connection with or under: (a) this Agreement; (b) the use or misuse of the Premises by Lessee or its Representatives; (c) any activity, work or thing done, permitted or suffered in and about the Premises or elsewhere by Lessee or its Representatives; (d) any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Agreement; (e) performance of any work on the Premises by the Lessee or its Representatives; (f) any death, bodily injury, property or economic damage, accident or casualty on the Premises caused by the Lessee or its Representatives or its or their property or animals; (g) any violation or alleged violation by Lessee or its Representatives of any law or regulation now or hereafter enacted, and (h) any enforcement of CVWD of any provisions of this Agreement; provided, however, the foregoing indemnity shall not apply if any such claim is ultimately established by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the CVWD Indemnitees, or any of them. Except as set forth in the immediately preceding sentence, Lessee, as a material part of the consideration of this Agreement, waives all claims or demands against CVWD and the other CVWD Indemnitees for any such claims. Lessee, upon notice from CVWD, shall defend the same at Lessee's expense by counsel satisfactory to CVWD. The term "Representatives" shall mean employees, Residents, invitees, representatives, agents, contractors or subcontractors, or any other persons directly or indirectly employed by anyone of the foregoing or Lessee or under the control of Lessee or any one of the foregoing or for whose acts any of the foregoing may be liable. ARTICLE VII DEFAULT AND REMEDIES 7.01 Default. Lessee shall be deemed to be in default under the terms of this Agreement as follows: (a) If Lessee shall fail to pay any installment of consideration payable pursuant to Section 2.01 or other sum within fifteen (15) days of the due date; or (b) If Lessee shall fail to promptly perform or observe any covenant, condition or agreement to be performed by Lessee under this Agreement within thirty (30) days after written notice from CVWD. (c) If Lessee shall abandon the Premises and such vacation or abandonment shall continue for thirty (30) days after written notice. 7.02 Remedies. In the event of a default by Lessee, CVWD, without further notice to Lessee, shall have any remedy provided by law or equity. ARTICLE VIII GENERAL PROVISIONS 8.01. Notices. Any communication, notice or demand of any kind whatsoever which any party may be required or may desire to give to or serve upon the other shall be in writing and delivered by personal service (including express or courier service), by electronic communication, whether by telex, telegram or telecopying (if confirmed in writing sent by registered or certified mail, postage WN 163 prepaid, return receipt requested), or by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: LESSEE: City of La Quinta Attention: City Manager 78-495 Calle Tampico La Quinta, CA 92253 Telecopier: (760) 777-7101 CVWD: Coachella Valley Water District 85-995 Avenue 52 P. O. Box 1058 Coachella California 92236 General Manager -Chief Engineer Telecopier: (760) 398-3711 Any party may change its address for notice by written notice given to the other in the manner provided in this Section. Any such communication, notice or demand shall be deemed to have been duly given or served on the date personally served, if by personal service, one (1) day after the date of confirmed dispatch, if by electronic communication, or three (3) days after being placed in the U.S. mail, if mailed. 8.02 Entire Agreement. It is agreed and understood that this Agreement contains all agreements, promises and understandings between CVWD and Lessee, and no verbal or oral agreements, promises or understandings shall or will be binding upon either CVWD or Lessee, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties hereto. 8.03 Successors. Subject to the provisions of this Agreement on assignment and subletting, each and all of the covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns, and personal representatives of the respective parties. 8.04 Attorneys' Fees. In the event that either party becomes involved in litigation arising out of this Agreement or the performance thereof, the Court in such litigation, or in the separate suit, shall award attorneys' fees and costs to the justly entitled party. 8.05 Severability. Should any part, clause, provision, or condition of this Agreement be held void, invalid, or inoperative, such invalidity shall not affect any other provision hereof, which shall be effective as though such invalid provisions had not been made. 8.06 Further Assurances. Either party, at any time upon reasonable request of the other, will at requesting party's cost and expense, execute, acknowledge and deliver all such additional documents and instruments and all such further assurances, and will do or cause to be done all further acts and things, in each case, as may be proper or reasonably necessary to carry out the purposes hereof. 8.07 Governing Law. This Agreement and performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of California. -9- 16 4 IN WITNESS WHEREOF, the parties have hereunto set their hands on the date first above written. CVWD: COACHELLA VALLEY WATER DISTRICT, a public agency 0 Its: LESSEE: CITY OF LA QUINTA, a California Municipal Corporation m Its: ATTFST- VERONICA MONTECIN MC City Clerk, City of La Quinta APPROVED AS TO FORM: M. KATHERINE JENSON City Attorney, City of La Quinta 165 -10- EXHIBIT "A" TO II:FdFY>1_Tci i:1A�kyiIAkgI DESCRIPTION OF PREMISES 166 ceitvl 4 4P Qumrcv COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Approval of Plans, Specifications and Engineer's Estimate and Authorization to Advertise for Bid the Sports Complex Rehabilitation, Project No. 2007-19 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Plans, Specifications and Engineer's Estimate (PS&E) and authorize staff to advertise for bid the Sports Complex Rehabilitation, Project No. 2007-19. FISCAL IMPLICATIONS: The Fiscal Year 2007-2008 Carryover Capital Improvement Program (CIP) Budget (Account No. 401-1771-551.00) includes funding for the construction of the Sports Complex Rehabilitation. The project breakdown was as follows: Technical Services & Design $117,368 Construction $367,666 Contingency $108,020 Administration $25,457 TOTAL $618,51 1 The updated Engineer's Estimate for construction prepared by David Evans and Associates is $735,924 and all other line items will remain the same making the total project cost $$986,769. The cost estimate for the Sports Complex renovation increased from the original budget due to needs that were determined from the Community Works Needs Analysis. This increase in the scope of work includes a prefabricated restroom, more shade structures, and seating. Additionally, there was an increase due to costs that would have been shared between the City and Desert Sands Unified School District (DSUSD) such as mobilization, demolition, grading, and infrastructure. Based on the new construction estimate, a shortfall in the amount of $368,258 exists between the approved funding for construction and the Engineers Estimate for construction. Considering the short fall is based on the Engineer's Estimate and not actual contract bids, staff is not recommending an appropriation at this time. The Quimby Fund has available reserves to fund this future appropriation. Once bids have i67 been opened, staff will bring back a request for an appropriation from the Quimby Fund based on the bid results. CHARTER CITY IMPLICATIONS: The Sports Complex Rehabilitation Project Account No. 401-1771-551.00 has funding from both Quimby Funds and Redevelopment Agency Project Area No. 1 Funds. Therefore, this will be a prevailing wage project. BACKGROUND AND OVERVIEW: The La Quinta Sports Complex was built in 1988 and is owned by DSUSD. This facility is currently being maintained by the City per the November 3, 1987 Joint -Use Lease, the August 7, 1990 Agreement, and the November 1, 1994 Amendment to the Maintenance Agreement between the City and DSUSD. The Sports Complex has very heavy use with 1,500 youth playing baseball and softball each year. This location is also used for youth football in the fall. On February 6, 2007, the City Council approved a Professional Services Agreement (PSA) for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan, Project No. 2006-17, with Community Works Design Group. On May 1, 2007, the City Council adopted Resolution No. 2007-042 approving the Fiscal Year 2007-2008 through 201 1-2012 CIP and Making Certain Findings Pursuant to Health and Safety Code Section 33445(a). The Agency made similar findings and approved the use of Agency funds for this project on May 1, 2007. The La Quinta Sports Complex Rehabilitation was included within the adopted CIP. Community Works Design Group conducted several stakeholder meetings with the sports associations, DSUSD, and City staff to identify needs for the facility. A site inventory was conducted and a sports field assessment on the turf conditions was provided by PRZ Sports Turf Consulting. Based on their findings, Community Works developed a Preliminary Master Plan for the entire project with the costs being shared between the City and DSUSD. In the spring of 2009, DSUSD decided to delay their portion of the renovations for the La Quinta Sports Complex. Staff was told this decision was due to DSUSD's financial concerns regarding their Measure K funding. Since DSUSD decided not to participate in the Sports Complex renovations at this time, staff and Community Works Design Group updated the Master Plan to only include La Quinta's portion of the project also referred to as the "Core Area." On October 6, 2009, City Council approved a PSA with David Evans and Associates, Inc. in an amount not to exceed $90,242 for the PS&E for the La Quinta Sports Complex Rehabilitation, Project No. 2007-19. The PS&E was based on the findings of the Sports Complex Needs Analysis and Master Plan for the "Core Area' that was conducted by Community Works Design Group. 168 This project was initiated due to the need to improve facility conditions including several safety issues and to support the increased volume of players and spectators. Since a new sports complex will not be developed in the near future, the existing facilities need renovation to make them function more effectively for the users. Staff is requesting the approval of the PS&E and authorization for staff to advertise for bid the Sports Complex Rehabilitation, Project No. 2007-19. Once bids have been opened, staff will bring back a request for an appropriation from the Quimby Fund based on the bid results. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve the Plans, Specifications and Engineer's Estimate and authorize staff to advertise for bid the Sports Complex Rehabilitation, Project No. 2007-19;or 2. Do not approve the Plans, Specifications and Engineer's Estimate and authorize staff to advertise for bid the Sports Complex Rehabilitation, Project No. 2007- 19; or 3. Provide staff with alternative direction. Respectf ly submitted, Edie Hylton Community Services Director Approved for submission by; Thomas P. Genovese, City Manager 169 COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Approval of Overnight Travel for Assistant City Manager — Development Services to Arbitration Hearing in San Francisco on May 17 and 18, 2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approval of Overnight Travel for Assistant City Manager — Development Services to San Francisco on May 17 and 18, 2010 for Economic Development Activities. FISCAL IMPLICATIONS: The Fiscal Year 2010-2011 Budget has allocated funds for travel, training and meetings for staff. Costs associated with attending the Chrysler/Dodge arbitration to be funded from account number 101-1003-413.51-01 — Travel, Training & Meetings. Attendance at this arbitration was $846.00 based upon the following costs: Lodging/Parking/Tax $ 373 Airfare $ 340 Meals $ 97 Taxi/Shuttle/Parking $ 36 Total $ 846 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Assistant City Manager — Development Services testified at the arbitration between Chrysler Corporation and Dodge City. The testimony was in support of Dodge City against Chrysler's decision to revoke the Chrysler Dodge dealership in La Quinta. 170 Pursuant to the City's Travel Policy, out-of-state travel, round trips over 300 miles, or trips involving overnight stay must normally be approved by the City Council in advance. However, Section 3 of the Policy states that: "If time does not permit City Council approval, the City Manager may authorize the travel request. The City Manager is then required to notify the City Council of the authorized travel and the circumstances which prevented City Council review/approval." Notice of the needed testimony of the Assistant City Manager — Development Services was not given with sufficient time to seek approval from City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the overnight travel for Assistant City Manager — Development Services to San Francisco on May 17 and 18, 2010 for Economic Development Activities; or 2. Do not approve the overnight travel for Assistant City Manager — Development Services to San Francisco on May 17 and 18, 2010 for Economic Development Activities; or 3. Provide staff with alternative direction. Respectfully submitted, 5L � Douglas R. ans Assistant City Manager — Development Services Approved for submission by: l Thomas P. Genovese, City Manager III COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Approval of Appropriation of Funding with PW Construction Approved on May 4, 2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an appropriation in the amount of $125,000 which the City Council approved on May 4, 2010, with PW Construction, Inc. relating to the construction of the La Quinta Museum and the La Quinta Library parking area. FISCAL IMPLICATIONS: The settlement payment covered by this report would be paid from the Library Fund Reserves (Act. No. 102-000-290.00). Sufficient funding is available in that account to cover the requested appropriation. BACKGROUND AND OVERVIEW: At the May 4, 2010 City Council meeting, the City Council approved a settlement with PW Construction and authorized the City Manager to execute the settlement agreement. PW Construction served as the construction manager for the construction of the La Quinta Museum as well as the construction of the parking area for the Library. A dispute arose between PW Construction and the City relating to delays in the project, and PW Construction sued the City. The parties reached a settlement. The portion of the settlement that is funded with this appropriation relating to PW Construction's claim for additional compensation relating to the La Quinta Museum and the parking area next to the La Quinta Library. 172 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve an appropriation in the amount of $125,000 which the City Council approved on May 4, 2010, with PW Construction, Inc. relating to the construction of the La Quinta Museum and the La Quinta Library parking area. 2. Do not approve the requested appropriation and funding in an alternative manner. 3. Provide the staff with alternative direction. Respectfully submitted, Q zi— M. Katherine Jenson City Attorney Approved for submission by: G Thomas P. Genovese, City Manager 173 F cF"f or COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Authorization of Overnight Travel for One Member of the City Council to Attend the League of California Cities Revenue and Taxation Committee Meeting to be Held June 17, 2010 in Sacramento, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -& STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for one member of the City Council to attend the League of California Cities Revenue and Taxation Committee meeting to be held June 17, 2010 in Sacramento, California. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Travel (parking, flight & ground transportation) $ 325 Hotel (one night) $ 130 Meals $ 75 TOTAL $ 530 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities Policy Committees meets four times each year. Council Member Henderson sits on the Revenue and Taxation Policy Committee. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve authorization of overnight travel for one member of the City Council to attend the League of California Cities Revenue and Taxation Committee Meeting to be held June 17, 2010 in Sacramento, California; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. League of California Cities Revenue and Taxation Policy Committee June 17, 2010 meeting announcement '��•• r 1 j J ATTACHMENT 1 1400 K SY ET S.kcR zN , CA 95814 rH:(916) 658-8200 me (916) 658-8240 April 28, 2010 TO: Members of League Policy Committees l� O EAGUE CALIFORNIA CITIES \C1MW CMMORG FROM: Linda Welch Diamond, League Staff ••(916) 658-8224, E-mail: Idiamond@cacities.org RE: Next Policy Committee Meetings DATE: Thursday, June 17, or Friday, June 18, 2010 - TIME: 10:00 a.m. — 3:00 p.m. PLACE: Sacramento Convention Center, 1400 J Street, Sacramento, CA 95814 OR *League Office, 1400 K Street, 3rd Floor,,6acramento, CA 94814 (EQ & ER) Attached are the meeting highlights from the April policy committee meetings that were held in Ontario. Listed below are the dates for our next policy committee meetings. Specific agendas and meeting materials will be mailed to each committee member approximately one week prior to the meeting. Thursday, June 17, 2010. Friday, June 18, 2010 Administrative Services Community Services *Environmental Quality (EQ) *Employee Relations (ER) tera' &tTx n Housing, Community & Economic Dev. Transp., Communication & Public Works . Public Safety Please complete and return the attached attendance form or send an E-mail as indicated. Registration 1s NOT required for this meeting; however, your response will help us determine an accurate meal count. TRANSPORTATION, PARKING and DRIVING DIRECTIONS are provided on the back of this letter. 1. OVERNIGHT ACCOMODATIONS: The League has reserved a block of rooms at the Hyatt Regency Hotel; 1209 L Street, Sacramento — (800) 233-1234, (916) 443-1234. Ask for the League of California Cities' discounted rate ($114+ tax & fees). The deadline for obtaining.this rate is June 4, or until sold out. 176 y OFT COUNCIL/RDA MEETING DATE: June 1, 2010 ITEM TITLE: Authorization of Overnight Travel for One Member of the City Council to Attend the National League of Cities Board of Directors Meeting to be Held July 8-10, 2010 in Riverside, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �y CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for one member of the City Council to attend the National League of Cities (NLC) Board of Directors Meeting to be held July 8-10, 2010 in Riverside, California FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Travel $ 80 Hotel (2 nights) $ 300 TOTAL $ 380 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The National League of Cities Board of Directors meets four times during the year and their Summer Board meeting is scheduled for July 8-10, 2010 in Riverside, California. Council Member Henderson is a member of the National League of Cities Board. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization of overnight travel for one member of the City Council to attend the National League of Cities Board of Directors' Meeting being held July 8-10, 2010 in Riverside, California; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, LIUU.A-h f M Wanda P. Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: National League of Cities Summer Board of Directors Meeting Confirmation Form 2 p.. 178 ATTACHMENT National league of Clfles SUMMER BOARD OF DIRECTORS MEETING July 8-10, 2010 The Mission Inn & Spa 3649 Mission Inn Avenue Riverside, California 92501 www.missioninn.com Phone: (951) 784-0300 • Fax: (951) 683-1342 Meeting Confirmation Form Please return the completed form to NLC by Friday, May 21. I will attend the July Board meeting in Riverside. I will not be able to attend the meeting. NAME/TITLE [Please print] I£ you plan to attend the meeting, please complete the remainder of this form. FAMILY/GUEST TRAVELING WITH YOU If any — please provide the name(s) so that we can prepare a complete list of guests. I (WE) PLAN TO ARRIVE IN RIVERSIDE ON: Please indicate date and approximate time of arrival so that we can plan the various social events. I (WE) PLAN TO DEPART RIVERSIDE ON: Please indicate date and approximate time of departure so that we can plan the various social events. We hope you will be able to stay for the Saturday closing group luncheon and afternoon/evening events -- as described in the preliminary Schedule of Events. (Continued) 179 SPECIAL ACCOMMODATIONS: Please let us know if you and/or your guest require any special accommodations during the meeting/social events. Board Action Steps: • Please fax or e-mail the completed Meeting Confirmation Form to the attention of Joyce Carter at NLC on or before May 21 (fax number. 202-626- 3143 or e-mail. carter@n1c.org); and; • Make your hotel reservation: The hotel (a National Historic Landmark) spans an entire city block in the historic heart of Riverside, and each room is architecturally unique in both construction and design. We invite you to check the inn's website for more information about this historic venue at www.missioninn.com o TELEPHONE: Make your hotel room reservation by contacting the Room Reservations Department at the Mission Inn using the toll -free telephone number (800) 843-7755 or 1-951-784-0300 extension 850. Please be sure to identify yourself as part of the group listed under "National League of Cities 2010 Board of Directors Meeting." The group is most easily identified by the block code CITIE070710 — with the first two in red as the letter "I" and the last one in red as the number "1. " o ONLINE: Visit the inn's website at www.missioninn.com. Make your room reservation online by selecting "code type" under the `group code" option and entering the code -- CITIE070710 -- as noted above. To guarantee your room reservation, you will need to provide the Reservation Agent with your credit card information. We ask that you make your hotel reservations on or before Friday. May 21- - as we will need to release all unreserved rooms in the NLC hotel block shortly thereafter. • Arrange for your complimentary Mission Inn airport ground transportation — if you are flying in/out of the Ontario California Airport. o The Mission Inn provides complimentary airport shuttle service to and from the Ontario California International Airport (airport code: ONT). This is the closest airport to Riverside. To arrange for the hotel airport shuttle, contact the Mission Inn's bell desk at (951) 784-0300 ext. 5036. You will need to provide your flight information at the time you book your airport shuttle. Advance shuttle reservations (24 hours prior to arrival/departure) are required. (Continued) 180 Keep in Mind: • You will be responsible for your travel, hotel, and incidentals related to your trip to the Summer Board meeting. ➢ HOTEL: The negotiated hotel room rate for this meeting is $119, plus applicable occupancy taxes far single/double occupancy. ➢ GROUP MEALS: Meals during the meeting and group social events will be provided. ➢ AIRPORT OPTIONS: The closest airport to the Mission Inn in Riverside is the Ontario California International Airport (airport code ONT). As indicated on the previous page, the Mission Inn provides complimentary shuttle service to and from this airport only. Travel time from the Ontario airport to the hotel is approximately a 20-25 minutes. Other airports in the area include: Los Angeles (LAX), Orange County (SNA-John Wayne); Long Beach (LGB), Burbank (BUR -Bob Hope), or Palm Springs (PSP). Fee -for -service shuttle options are available from these airports to the Mission Inn. Check the Internet for more information about various ground transportation options. NOTE: Please be sure to factor in sufficient travel time to and from the other airports, including time for freeway traffic congestion. Please fax this form to Joyce Carter at NLC at (202) 626-3143, or e-mail it back to carter*nlc. org — by Friday, May 21. Thanks! •P . T44f °F 4QUMr4 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 1, 2010 BUSINESS SESSION: ITEM TITLE: Authorization of Overnight Travel for Four Members of the City Council to Attend the 2010 League CONSENT CALENDAR: 19 of California Cities Annual Conference to be Held STUDY SESSION: September 15-17, 2010, in San Diego, California PUBLIC HEARING: RECOMMENDATION: Approve authorization for overnight travel for four members of the City Council to attend the 2010 League of California Cities Annual Conference to be held September 15-17, 2010 in San Diego, California. FISCAL IMPLICATIONS: Funds for this conference attendance will be included in the Fiscal Year 2010-201 1 Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01). Expenditures for this conference are estimated as follows: Registration Travel Lodging (3 nights) Meals (3 days x $75) Total CHARTER CITY IMPLICATIONS: None. $ 475 $ 130 $ 825 $ 225 $1,655 TOTAL (for four) $6,620 BACKGROUND AND OVERVIEW: The League of California Cities will be holding their annual conference, entitled "Rebuilding California" September 15-17, 2010 at the San Diego Convention Center in San Diego, California. The conference will feature a variety of sessions and discussion forums on topics such as economic development, environmental quality, finance and governance. Mayor Adolph, Mayor Pro Tem Franklin, Council Member Henderson and Council Member Evans have expressed an interest in attending this conference. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization of overnight travel for four members of the City Council to attend the 2010 League of California Cities Annual Conference to be held September 15-17, 2010 in San Diego, California; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, 07A Wanda P. Wise -Latta, Executive Assistant Approved for submission by: rhom.as P. GenL,7 ovese, City Manager Attachment: 1 . Announcement — League of California Cities 2010 Annual Conference 183 It is a privilege to serve you as President of the League of California Cities at a time when we as city officials are working harder than ever to provide vital services for our residents while having to make tough decisions. We all serve our cities because we believe in our communities and want to contribute. Our great state; is at ascrossroads and we must all be part of "'13ebuil6ng California: from the ground up." To rebuild California and make it strong we need the right tools. The 2010 Annual Conference & Expo is an opportunity to gain those valuable tools. This training is an investment in yourself, your city and ultimately your state. You will hear from the top experts in the field, gain invaluable insights, collaborate with colleagues from across California and return home with resources to strengthen your city and rebuild this state. We can't rebuild California without your contribution. Robin Lowe, President Council Member, Hemet WdPcew, Lea w o� I'm honored to welcome the League of California Cities Annual Conference to sunny San Diego this fall. As the nation's eighth -largest city, San Diego boasts a vibrant economy and an easygoing lifestyle, making it the perfect place to conduct business and relax during your stay. Our downtown has undergone a remarkable resurgence in the last decade, adding a world - class urban entertainment district to our many attractions. Your attendees will find many of Southern California's finest restaurants, as well as renowned beaches, arts and culture, our world-famous zoo and other amenities nearby. I look forward to sharing our corner of the state with, you, and I encourage you to extend your stay beyond the conference to enjoy all our city has to offer. On behalf of all San Diegans, I hope you enjoy your stay in America's Finest City. Warm regards, Mayor Jerry Sanders TENTATIVE SCHEDULE OF EVENTS a,S of APnG 2010 (subject to change) WEDNESDAY SEETEMBER 15 9:00 a.m. — 6:00 p.m..................Registration Open at Convention Center 9:00 — 10:30 a.m..................Thursday policy committees (adjacent hotel) 11:00 — 12:30 p.m..................Friday policy committees (adjacent hotel ) 12:30 — 1:30 p.m..................First Time Attendee Orientation 2:00 — 3:30 p.m..................Concurrent Sessions 4:00 — 6:00 p.m..................Opening General Session — Annual Report and Keynote Address Evening networking .................CitiPAC and League Partner Events THURSDAY SERTCMRFR 16 7:30 a.m. — 4:00 p.m..................Registration Open at Convention Center 8:00 — 9:30 a.m..................Concurrent Sessions 9:45 — 10:45 a.m..................General Session — Keynote Address 11:00 a.m. — 5:00 p.m..................Expo Open 11:15 a.m. — 12:45 p.m.................Institute for Local Government Luncheon Symposium (additional fee) 11:45 a.m. — 1:00 p.m..................Lunch on Expo Floor 1:15 — 2:45 p.m..................Department Meetings (conference registration required) 3:15 — 4:45 p.m..................Concurrent Sessions 4:00 — 5:30 p.m..................General Resolutions Committee 5:00 — 6:30 p.m..................HOST CITY RECEPTION at Sails Pavilion and Terrace (Do not schedule any competing events at this time) 6:30 — 11:30 p.m..................Caucus Networking Receptions ERJDAY SEPTEMBER 17 7:30 a.m. — 10:00 a.m..................Registration Open 7:30 — 8:45 a.m..................Regional Networking Breakfasts (Contact your Regional Rep — additional fee may apply) 8:15 — 9:30 a.m..................Board of Directors and Partners Meeting & Recognition Breakfast 9:30 — 11:00 a.m..................Board of Directors Meeting 9:00 — 10:30 a.m..................Concurrent Sessions 10:15 a.m. — 1 AS p.m..................Expo Open 11:00 a.m. — 12:15 p.m.................Concurrent Sessions 12:15 — 1:30 p.m..................Expo Lunch -around 1:30 — 2:45 p.m..................Concurrent Sessions 3:00 — 5:00 p.m..................Closing General Session ■ Keynote Address, Installation of New Board and Officers ■ Concluding Annual Business Meeting — General Assembly (voting delegates required to register and stay until conclusion) 186 HOW TO PARTICIPATE IN THE LEAGUE'S ANNUAL CONFERENCE RESOLUTIONS PROCESS Policy development is a key part of the League's legislative effectiveness. The League's Annual Conference Resolutions process is one way that city officials can directly participate in the development of League policy. The 2010 Annual Conference Resolution Calendar of Events identifies the key points in the process. Submission of Resolutions Any elected or appointed city official, individual city, division, department, policy committee, or the board of directors may submit a resolution for consideration at the conference. Resolutions must be submitted to the League's Sacramento office no later than 60 days prior to the opening of the conference. Resolutions should focus on direct municipal issues of statewide importance. Consideration of Resolutions The League President refers the resolutions to the League policy committees for review and recommendation at the Conference. Resolutions are next considered by the General Resolutions Committee (GRC), which consists of representatives from each division, department, policy committee and individuals appointed by the League President. Resolutions that are approved by the GRC, and resolutions that are approved by the policy committees, but not approved by the GRC, are next considered by General Assembly. Resolutions approved by the General Assembly become League policy. Other action on resolutions can be: refer back to a policy committee, amend, disapprove, or no action. Late -Breaking Issues Resolutions to address late -breaking issues may be introduced by petition at the Annual Conference. To qualify, a petitioned resolution must be signed by 10 percent of the voting delegates and submitted at least 24 hours before the beginning of the Concluding General Assembly (Deadline: 3:00 p.m., Thursday, September 16). All qualified petitioned resolutions are forwarded to the General Assembly for consideration, regardless of the action recommended by the GRC. The petition resolution process should be reserved for truly late -breaking issues. If the parliamentarian finds that a petitioned resolution is identical or substantially similar in substance to a resolution already under consideration, the General Resolutions Committee may disqualify it. City of Claremont — Historic Train Depot and Bikestation 2010 RESOLUTIONS CALENDAR AND DEADLINES BEFORE THE CONFERENCE Friday, July 2 — Deadline for submitting appointments to the General Resolutions Committee. Friday, July 16, 5:00 p.m. — Deadline for submitting resolutions to the League office; for submittals by regular mail; or Saturday, July 17, midnight, for submittals by e-mail or fax. EARLY AUGUST Resolutions distributed to city officials and posted on the League website. AT THE CONFERENCE Wednesday, September 15 9:00 - 10:30 a.m. (generally Thursday committees), 11:00 a.m. - 12:30 p.m. (generally Friday committees) Policy committees meet to review resolutions and make recommendations to the General Resolutions Committee on resolutions assigned to each committee. Thursday, September 16, 3:00 p.m. Deadline to submit signatures to qualify a petitioned resolution. Thursday, September 16, 4:00 p.m. General Resolutions Committee meets to consider and make recommendations on resolutions. Friday, September 17, 3:00 p.m. Consideration of resolutions by cities in the General Assembly at the Annual Business Meeting. (Voting Delegates must be registered at conference and must stay until conclusion of voting. They may register for Friday only.) w., 187 GOd'L Ea?,Ge .SfBy im" Here is just a sample of the exceptional training programming. Sessions below are in alphabetical order. For dates, times and speaker information, watch for updates online at wwwxacities.ora/ac. Program subject to change. Cities Surviving the Economic Upheaval and Preparing for Future Catastrophes How have some cities avoided the disruptions of the current financial crisis? Implement policies, practices and disciplines to avoid sliding from crisis to crisis. Hear how cities get into untenable financial situations and what happens when they do. Gain a positive perspective from cities that continue to thrive, have managed to address the current crisis, and are preparing to avoid the next one. City Impact — Homelessness, Mental Health, Prisons It seems we have yet to hit bottom with the worst economic impact on many sensitive populations in our communities. Is your city ready to manage and assist those who need services? How will you work beside county and public safety to maintain your community? City Attorneys Each September, legal updates are offered in four areas: Labor and Employment Law, General Municipal Law, Land Use and CEQA Litigation, and Municipal Tort and Civil Rights Litigation. Additional programming will be detailed following the Spring Conference. MCLE credits will be available. FJ Comparing Health Plan Costs and Designs Among California's Government Employers Local public employers frequently question how their employee health care plans compare to others. How do your benefit designs, employee contributions, and employer costs compare to other cities, both in California and around the country? Comparisons to other California governments, such as counties and the State, are also helpful in designing and managing a city's health benefits. @ Getting to No, Showing the Know Many cities are seeking reductions to labor contracts and other employee concessions. Hear our distinguished panel as they provide practical, essential advice on how to respond when all the union says is "no", what options are available to cities, and how we can share the "know' with our own employees beyond the bargaining table. Labor Relations: Maintaining Relationships With Shrinking Revenues Reveal the facets of labor relations that focus on maintaining positive relationships with your employee associations while revenues are shrinking. View perspectives including legal knowledge and practical experience from the field in an open discussion. City of Santa Chrita's Cross Valley Connector Make Your City Famous With a Seven -Step Marketing Program Learn a proven program to attract new businesses and retain existing ones. Discover tools to implement immediately. Learn why the process of branding your city will determine which businesses get the message. How does a city's future plans speed up a marketing program? Why are your logo and slogans not bringing in new business? Create websites that have the power to get your message out, including new social media outlets to build business. New Electric Transmission Lines — the Local Government Perspective Creating a new, green energy infrastructure will require building more and larger electric transmission lines throughout the state. Many of these lines will be in the backyards of local communities, but preemption limits the ability of local governments to control these projects. Discuss the impetus for green energy development and evaluate the regulatory programs that apply. Identify avenues for local agency participation. November Ballot A new governor may not be the only important decision facing voters this fall. How will local taxpayer efforts fare to keep vital city funding and services? Learn the latest and how you will play an important role in rebuilding California. Employee Relations Q Fire Chiefs 9i Legal 188 CON f&r&K,f2 .fESfiaPtS� COiLiL� CMG! R U Sure My Employer Can Fire Me for Tweeting? The explosive growth of social networking sites create new challenges for public employers and employees. Unflattering posts may result in business losses or bad publicity for employers and unemployment for employees. Employers using these sites to research applicants or evaluate employees potentially face lawsuits ranging from discrimination to violation of First and Fourth Amendment rights. Discuss current legal issues; analyze risks and benefits of using social media as a tool for employment decisions; and, develop guidelines to minimize litigation risks. M Plug -In Electric Vehicles are Coming — Is Your City Ready? Electric vehicles are expected to hit California roads in 2011. Residential and public infrastructure to charge these vehicles must be established. Local governments can support electrification by streamlining the permitting and inspection processes for residential charging facilities to facilitate customer acceptance of the vehicles. Learn about the policy drivers influencing the resurgence of electric vehicles and the challenges and solutions that may impact its successful market launch. Assess funding opportunities for this infrastructure. Public Pensions 3600 Get the latest from the Governor's Office, the labor industry, and those on the front lines. Hear multiple perspectives on this timely and often controversial topic. Gain detailed knowledge for informed conversations. 0 Remodeling Your Team in Economic Turmoil The economic tsunami has created major chaos within the required rightsizing, downsizing, and furloughs affecting every city. Where does responsibility drive the necessary changes in government, elected or management, when all sides have vested interests in maintaining the status quo? Take advantage of current downsizing to recapture excitement for public service and live within our means. Remodel your team by considering outsourcing, deletion of support, volunteerism, and remaking a new innovation in your teams. Ig Fort Bragg — Downtown Streetscape Project Renovate Your City by Rebuilding Projects from Within Public facilities are aging and the choice is clear: replace or renovate. Many think that in lieu of seismic retrofits, asbestos removal, etc. it's cheaper to tear down and start fresh. Learn the key factors "pushing back" on this argument and explore three case studies where dollar savings have quickly added up. These renovations offer clear-cut strategies on how to revitalize older buildings the same way new construction can —without exhausting energy or resources. Modernizations are often the most sustainable and economical remedy. Receive an easy checklist that guides your city to duplicate these results without brand new infrastructure. Riding the Green Wave: Engaging Your Community in Sustainability Planning In a typical municipality, 95% of greenhouse gases and other sustainability impacts are generated by residents and businesses. Build support in the community and mobilize the private sector to progress. Gain specific examples from local government and regional planning agencies that have initiated community programs. Organize community support for significant changes while controlling costs and saving money. Sparking Economic Vitality — a Complete Streets Approach to Public Space Development Share approaches to economic revitalization and how to incorporate complete streets, public space development. Gain in-depth implementation strategies. Hear real reports on challenges and successes, including the enhancement of social, economic and ecological function through the use of complete streets principles. Stormwater, Stormwater Everywhere, Nor Any Money to Fund A twist on "The Rime of the Ancient Mariner" attempts to characterize a conundrum faced by municipalities. Cities face ever- increasing requirements to initiate, manage, and fund efforts to improve the quality of stormwater that flows off their communities into local waters. Review challenges and potential solutions to addressing the burgeoning costs of complying with: state -issued NPDES stormwater discharge permits, achieving total maximum daily loads (TMDLs) for an increasing number of water pollutants, meeting discharge standards, and implementing low -impact development (LID). Strategies for Sustainable Food Systems Issues such as climate change, food safety, hunger, obesity, and pollution can be addressed through food system strategies, including increasing local food production and distribution, creating access to healthy food retail and farmers markets, and promoting closed -loop resource recovery systems. Explore planning tools that can support a more equitable food system. Hear about traditional and not -so - traditional ways to reduce GHG emissions, conserve natural resources, support local/regional economies, improve public health and build stronger communities through food. con/ " . eT Lf,E smioniS GOf4.6� Yuba City - Downtown Plumas Street Shopping District Sustainability Strategies that Save phoney and Reduce Greenhouse Gas Emissions Cities are embracing strategies that use energy and water more efficiently, save money, create vibrant and healthy neighborhoods, make their communities more bicycle- and pedestrian- friendly, and reduce greenhouse gas emissions. Find out what other communities are doing to promote sustainability and share your city's stories. Learn how your city can be recognized for leading by example. Taking Governance of Your City to the Next Level City Councils and City Managers can use the principles of policy governance to dramatically improve mutual accountability and organizational effectiveness. Discover why good city governance is often difficult due to unclear expectations and conflicts in roles. Learn how to develop and use written policies to establish: organizational goals; City Manager performance and executive limitations; City Council responsibilities and expectations; and, adapt and apply the governance policies for your own city. �e -,f l The Dog Whisperer: Mastering Leadership Planned with the Latino Caucus — Get up -close ' and personal with nationally recognized dog expert, the Dog Whisperer. He will share his thoughts on mastering leadership by understanding how to take charge and become a pack leader. Top Ten Things You Should Know About City Finances What do the tribulations of the California State Budget mean to cities? What are the latest legislation and court decisions affecting city finances? What's on the horizon? Learn the latest in hot city finance issues and the essentials you need to know to manage your city budget. Get answers to your most perplexing questions from top financial and legal experts. Web 2.0: Online Tools for Community Building The increasing popularity of new online social networking technologies presents new civic engagement opportunities for local government agencies, but also new challenges. Discover new online tools, social media sites and podcasts. Enhance communication among residents and local officials while building stronger communities. Examine limitations and legal issues to avoid problems. What Can Your City Say and Do, Post -Vargas v. Salinas? In 2009, the California Supreme Court issued its decision in Vargas v City of Salinas regarding the permissibility of ballot measure communications. What can your city do when informing the public about city or ballot measure facts? Understand why the Supreme Court concluded the activities conducted by the city were proper. What's Happening with Redevelopment Redevelopment is one of local government's most powerful tools. Review the past year and how it relates to the continuing economic uncertainty and a state budget deficit. How will the upcoming November ballot and relevant current legislation impact local government and redevelopment? Discuss coalition building and why it is crucial to the future of redevelopment. Working Effectively with Local Clergy and Congregations Clergy and congregations are often untapped resources. They can help local officials provide important information to residents, promote broader public engagement, support public safety, and other city programs. Congregations typically reflect the diversity of a community. Monitor productive partnership examples and receive practical guidance on creating working relationships. Planned with the Institute for Local Government. City of Novato -- Renovated City Hall 190 Lea n, Network Caucus Networking Groups The League is committed to promoting involvement for all, to reflect the diversity of California's cities. In addition, having groups within the League whose purpose is to conned city officials sharing similar characteristics with one another promotes the League's mission of facilitating the sharing of information and ideas among city officials and promoting responsive city government. The League has recognized the following diversity groups: African -American Caucus, Asian -Pacific Islander Caucus, the Gay, Lesbian, Bisexual & Transgender Local Officials Caucus, and Latino Caucus. Be sure to sign up to join one or more of the League's Caucuses. Each will host a networking event at the Annual Conference and are open to all attendees. Municipal Departments Functioning as professional societies, departments have been an integral and important part of the League, serving as a catalyst for educational and networking within specific fields. They play an essential role in forming League policy, assisting with conference program development and are represented on the Board of Directors. Department Business Meetings will be held Thursday, September 16. Be sure to bring representatives from your city to attend the conference and their respective department events. City Attorney Department Legal Track F7 The City Attorney's Department program will include presentations on various current and recurring legal issues that impact cities. The League is a State Bar of California MCLE approved provider. Detailed information on the hours of credit will be in the final program. City attorney papers are available on an advance -order basis for $55.00 for a printed copy or $25.00 for an electronic version on a flash drive. The estimated MCLE credits are 7 hours. Fire Chiefs Department Track In place of a December 2010 conference, the Fire Chiefs will offer a track of programming and networking opportunities in San Diego. Look for sessions with their icon. Employee Relations/ Personnel Track 0 In place of a Spring 2010 conference, the Employee Relations Institute will offer a group of quality sessions and Department Business Meeting. Look for their building block icon. Regional Divisions Regional Divisions function as the League's grassroots advocacy teams. They are a great way for city officials to get involved in activities that support the quality of life in their community. They provide the Board of Directors with necessary input and counsel from a diverse range of perspectives among a membership dispersed throughout the state. Divisions are staffed by League regional representatives and help division officers develop informational programs and organize grassroots activities to support League legislative or policy goals. Most divisions will host networking breakfasts on Friday, September 17. Contact your regional representative for more information and prices. GENERAL INFORMATION Brown Act and League Conferences The Brown Act permits the attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that addresses issues of general interest to the public or to public agencies of the type represented by the legislative body. However, a majority of the members cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the local agency's subject matter jurisdiction. CitiPAC — 511 Annual Leadership Gala Casino Night In conjunction with the hospitality reception hosted by Willdan, CitiPAC will present its Leadership Gala Casino Night. Join the League Board of Directors for this exciting evening of entertainment. First -Timers Activities Special arrangements to welcome first-time attendees include an orientation briefing on Wednesday, September 15, at. 12:30 p.m. Be sure to check the First -Time Attendee box during the online registration. Helen Putnam Award for Excellence This program, supported by the League Partners, recognizes outstanding cities that deliver the highest quality and level of service in the most effective manner possible. Visit the special displays by cities that won the 2010 prestigious awards program and learn what your city can adapt from their success. Host City Reception The City of San Diego welcomes the delegates of the League of California Cities Annual Conference at the Sails Pavilion and Terrace on Thursday, September 16 from 5:00 - 6:30 p.m. Institute for Local Government 9 Local officials and their communities are confronting an information revolution in the way news and information is created, shared and received. The ILG's 61h Annual Luncheon Symposium will be held on September 16 and will feature Professor Peter M. Shane presenting Informing Democracy: Local Leadership and the Changing Information Needs of Communities. Professor Shane served recently as executive director to the Knight Commission on the Information Needs of Communities in a Democracy and was the lead drafter of its report, Informing Communities: Sustaining Democracy in the Digital Age. He teaches law at Ohio State University's Moritz College of Law. Advanced reservations are $45.00 each. Space is limited and tickets are available through the advanced registration process. Please visit www.ca-ilg.org to learn more about the nonprofit research affiliate of the League and the California State Association of Counties. Mayors and Council Members Academy QO Mayors and Council Members Academy is a training certificate program and consists of specific educational programs and community activities that enhance knowledge and skills needed to be more effective in office. The levels of the Academy are Leadership, Advanced Leadership, and Leadership in Action. You may participate in all three levels at the same time and it functions on the honor system. Student Program College students studying local government and who are not city employees may apply to volunteer at the conference to receive a reduced ($100) or no cost registration, if their primary academic advisor makes such a request, in writing, to the League of California Cities Annual Conference Registration. Limited volunteer opportunities are available. The 2010 Annual Conference will not offer a high school youth program. New — Social Media Local Are you ready to participate online? Do you or does your city have a social media presence and active conversation? Join us in this hands-on, no stupid questions, action area to develop your page or enhance your identity and online community building. Follow the League Annual Conference & Expo, speakers and events on Facebook and on Twitter at hashtag - #cacitiesannual facebouk • I 'EX r On Exhibitors as of April 9, 2010 Note: Those in bold are featured League Partners 3QC, Inc. Acuity Brands Lighting AECOM Ameron Pole Products Asphalt Zipper, Inc. Assn of California Water Agencies AT&T Avery Associates Best Best & Krieger LLP Big League Dreams Sports Parks Bingham McCutchen LLP Blackboard Connect Blais and Associates, Inc. Bob Murray & Associates BonTerra Consulting Boyles & Associates Bureau Veritas Burke, Williams & Sorensen, LLP Burrtec Waste Industries, Inc. Buxton C.W. Driver CA Assn of Code Enforcement Officers CA Building Officials CA Communities/U.S. Communities CA Dept of General ServicesfCAL- Card CA Dept Housing & Community Development CA Department of Insurance CA Housing Finance Agency CA Joint Powers Insurance Authority CA Prison Industry Authority CA Product Stewardship Council CA Rural Water Association CalPERS Carl Warren & Company Carollo Engineers - EMS Cascade Engineering Center for Homeland Defense and Security CH2M HILL Charles Abbott Associates, Inc. Chevron Energy Solutions Civica Software Civil Justice Association of California CleanStreet Comcate, Inc. Crown Disposal Co Inc. CRW Systems, Inc CSAC Excess Insurance Authority CSG Consultants, Inc. Danco Communities Dapeer, Rosenblit & Litvak, LLP Dave Bang Associates, Inc. David Taussig & Associates, Inc. De La Rosa & Co. Dudek eCivis Edge Development, Inc. Emergency Communications, Inc. CodeRED Fedarra, Inc. Field Paoli Architects Fortel Traffic, Inc. Full Spectrum Solutions Goodman Ball Inc. GovDeals, Inc. GovDelivery Graphic Solutions Grasshopper Company Griffin Structures, Inc. Harris & Associates HdL Companies Hersey Meters HF&H Consultants, LLC Honeywell, Inc. HydroPoint Data Systems ING International City/County Mgmt Assn Itron, Inc. Jones & Mayer JT2 Integrated Resources Kaiser Permanente Keenan & Associates Kimley-Horn and Associates, Inc. Lake Traffic Solutions Lamb Energy Laserfiche Leotek Electronics USA Corp. Library Systems & Services Liebert Cassidy Whitmore Lillestrand and Associates LPA, Inc. LSA Associates, Inc. Material and Contract Services/MACS Matrix Consulting Group MAXIMUS VICE Corporation Meyers Nave MGT of America MIG, Inc. Milestone Products Multistack Munil-ink, League of CA Cities MuniServices, LLC Natgun Corporation NBS Networkfleet, Inc. Nikkei America — Green Innovation Connect Omni -Means, Ltd. PACE --A LEAGUE PARTNER ` League Partner Speaker Theater This expo floor session area highlights successful examples of public/private partnerships. Learn about case studies of innovative projects and programs that have worked in California cities. Hear from elected officials, city staff and industry experts that have found creative solutions to some of the challenging problems that cities face. Paragon Partners Ltd, PARS PBS&1 PERC Water Corporation Pestmaster Services, Inc. Petrochem Manufacturing, Inc. Philips Healthcare Piper Jaffrey & Co. PlantCMUEADS Public Financial Management, Inc. Q-STAR Technology Quad Knopf Qualtrics Labs, Inc. Questys Solutions Radarsign, LLC Ralph Andersen and Associates RBF Consulting RecologyTM RedFlex Traffic Systems Republic ITS Ridgeline Technology Riva Modeling Systems RUM Design Group, Inc. RKA Consulting Group Rosenow Spevacek Group Inc. Schaefer Systems International, Inc. SCS Engineers SDG&E/Southern California Gas Siemens Sierra Display, Inc. Silvercrest / Western Homes SmartCover by Hadronex Solid Terrain Modeling, Inc. Southern CA Assn of Governments Southern CA Concrete Producers Southern California Edison SouthWest Water Company Sportsplex USA Sternberg Lighting Stone & Youngberg LLC SyTech Solutions T-Mobile USA TNT Fireworks Toterinc. Traffic Logix Traffic Safety Corp. TRAMUTOLA Transtech Twenty First Century Communications United Water Services, Inc. University of La Verne USA North Vanir Construction Management, Inc VenueTechManagement Group, Inc. Veolia Water North America West Coast Arborists, Inc. Willdan Winzler & Kelly WLC Architects, Inc. 2010 GRAND PRIZE GIVEAWAY offered by Lake Tra* .r Jrs One lucky California city will be the Grand Prize Winner of a ConcourseTM Reboundable Object Marker! Watch for details! Must be present to win. Approximate retail value: $2,000, This promotion is not intended to be an endorsement of anyproduct or service. _7_, •1. ' 19' n gt�trdimt: The value of your registration includes: • Electronic or web access to all program materials • Admission to all conference program sessions and the Expo • One continental breakfast • Two full lunches with the Exhibitors in the Expo hall • The San Diego Host City and multiple League Caucus receptions OPTION ONE (credit card) — Register online for immediate access to conference confirmation and a link to online Headquarter Hotel reservations! If paying by credit card, please register online at www.cacities.org/ac. OPTION TWO (check) — Full payment must accompany the registration form. Please obtain and print the check registration form at wwwcacities.org/ac. Registrations will not be processed until payment in full is received. Fax registrations will not be accepted. Please make checks payable to the League of California Cities. The League is unable to accept purchase orders. After Tuesday, August 25, you may only register onsite. s Full Conference NEW! — Early Bird Discount before June 30 City Officials and City Staff ..................... $475 City Officials and City Staff ....................... $500 Public Officials ................................ $550 Partners/Exhibitors/Others ........................ $650 Note: Conference registration is required to attend the Annual Conference business meeting and/or to be a Voting Delegate. ■ One -Day Only Registration (Select Wednesday, Thursday or Friday) City Officials and City Staff ....................... $250 Public Officials ................................ $300 Partners/Exhibitors/Others ........................ $350 Refund Policy Advance registrants unable to attend this meeting will receive a refund of the registration fee, less a $75 processing charge, only by submitting a written request to the League of California Cities, Conference Registration Office, 1400 K Street, Sacramento, CA 95814, fax (916) 658-8240, or email klofte®cacities.org. Requests for refunds must be received by 5:00 pm on Tuesday, August 31. Absolutely, no refunds will be provided if requested or received after this date. San Diego Convention Center ■ Optional Registration Add-ons (non-refundable) Caucus Memberships ......... $50 - $100/year per Caucus ILG Luncheon ................... .... .... .... ...$45 Spouse or Guest...............................$100 City Attorney papers (print) ........................ $55 City Attorney papers (electronic) .................... $25 City Attorney papers (pdf).........................Free *The cost of the attorney papers is Rot included in the registration amount. Spouse/Guest Registration The spouse/guest registration fee is restricted to persons who are not city or public officials, are not related to any Partner or Exhibiting company, and would have no professional reason to attend the conference. The fee includes admission to the expo, meals and receptions. Conference session seats are reserved for full conference registrants. There is no refund for the cancellation of a spouse/guest registration. Onsite Badge Pick Up You must pick up an official 2010 Annual Conference badge at the registration desk in the San Diego Convention Center. Registration will be open: Wednesday, September 15...... 9:00 a.m. — 6:00 p.m. Thursday, September 16........ 7:30 a.m. —4:00 p.m. Friday, September 17 ..........7:30 a.m. — Noon. If you have questions, please contact the League Conference Registration Office at (916) 658-8291. For special needs or assistance onsite, please call 00 our Conference Registrar at (916) 658-8291 before September 10. 193 win The League of California Cities has contracted reduced room rates at two properties for registered attendees at the 2010 Annual Conference & Expo. Please be sure to use the properties listed below to stay within the League's housing room block, while space is still available. Phone reservations will not be available for League conference hotels. The discounted hotel reservation and rate deadline is Thursday, August 26 or until sold out. STEP ONE: Register for the 2010 Annual Conference All attendees must register for the conference first, directly with the League of California Cities, online at www.cacities.oralac or send check payment by mail. STEP TWO: Secure your Headquarters Hotel OPTION A — The online conference registration link will take you directly to online Housing Reservations for each Headquarter Hotel currently available on your selected dates. For immediate hotel reservations and confirmation, please book your required rooming needs online after registering. (NOTE: Please process your request promptly or the screen will be timed out.) OPTION B — After your registration for the conference is received and processed by mail, you will be sent a registration confirmation with an online link URL for hotel reservations and/or a housing request form. If you select to mail the housing form with deposit hotel payment to the League of California Cities, it will take a minimum of three business days after receipt to have it forwarded and processed by the Headquarter Hotel. STEP THREE: Hotel Changes or Hotel Cancellations Hotel reservatfon changes, date modifications, early check-outs, or cancellations must be done through each hotel, prior to Tuesday, August 31. After this date, you will incur a financial penalty and minimum one-night room charge or attrition fees, if applicable. CAUTION! Please do not make a hotel reservation unless you are sure it is needed. Your city or company will be financially responsible for all cancellation/attrition fees. If you are making hotel reservations for others, please confirm with each individual, in advance, that they actually need hotel accommodations and intend to use them on the dates you are reserving. HEADQUARTER HOTELS Q San Diego Marriott Hotel and Marina 333 West Harbor Drive — $219* ® Hilton San Diego Bayfront 1 Park Boulevard — $219* (*plus occupancy tax 10.5%, Tourism assessment 2016, and Fee $0.23) E: JULJ L_]LJLJLJ E: JLJ cs ❑ HORTON�❑❑ Es ❑❑ m ^\! a cs ❑❑ PLAZA ❑❑❑❑ as ❑❑ ❑❑❑� U E ❑ MA ET REE VILLAGE `� ❑❑❑❑❑❑ sr ❑❑ `\ ❑ ❑ ❑ ❑ PARK SAN DIEGO BAY ❑❑ Tihf 4rw4 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 1, 2010 CONSENT CALENDAR: ITEM TITLE: Consideration of an Extension of the Memorandum of Understanding with the County of STUDY SESSION: Riverside Economic Development Agency for PUBLIC BEARING: _ Management of the Library and Museum RECOMMENDATION: Approve a five-year extension to the Memorandum of Understanding (MOU) with the County of Riverside Economic Development Agency (EDA) for management of the Library and Museum subject to any minor revisions approved by the City Attorney and City Manager, and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: None. Funding for the referenced services is contained within the City's annual budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In October 2004, the City Council approved an MOU with the County of Riverside to manage the La Quinta Library. The County of Riverside EDA contracts the management of numerous libraries throughout the County with Library Systems and Services Inc. (LSSI). The current agreement is in effect through June 30, 2010 with a five-year option which could be exercised if both parties agree to exercise the option. On October 10, 2008, an interim agreement with the County of Riverside for the management of the La Quinta Museum was initiated for a four month pilot period. On February 17, 2009, the City Council approved an MOU for the operation of the Museum effective through June 30, 2010. On December 15, 2009 the City Council provided direction to staff to negotiate an extension of the existing agreement with Riverside County and incorporate the museum management agreement into the library agreement. 195 The MOU with the County will provide for library management services within the City. In addition, the extended agreement will provide for the transfer of the following to the City Library fund: 1. One hundred percent (100%) of the balance of library revenues from City or City Redevelopment Agency sources, including redevelopment pass -through agreements; 2. Library portion of the property tax and the Library property tax increment; and 3. The state portion of the state funded Public Library Foundation funds. The amounts remaining in the Library fund are eligible for use toward the Museum operation and maintenance pursuant to this agreement with the County. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a five-year extension to the Memorandum of Understanding with the County of Riverside EDA for Library and Museum management subject to any minor revisions approved by the City Attorney and City Manager, and authorize the City Manager to execute the agreement; or 2. Do not approve a five-year extension to the Memorandum of Understanding with the County of Riverside EDA for Library and Museum management; or 3. Provide staff with alternative direction. Respectfully submitted, V4Z4__1U6 Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Memorandum of Understanding with the County of Riverside Economic Development Agency :t 9 6 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING TERMS AND CONDITIONS TO PROVIDE MANAGEMENT OF THE LA QUINTA BRANCH LIBRARY AND THE LA QUINTA MUSEUM This Memorandum of Understanding ("MOU") is made and entered into as of 2010 ("Agreement Date') by and between the City of La Quinta ("City') and the County of Riverside Economic Development Agency ("EDA"). WHEREAS, EDA has offered to enhance existing library services as an alternative to the City exercising its right to withdraw from the County Library System, which EDA manages through contract services with Library Systems and Services, Inc. (LSSI); and WHEREAS, the City and EDA desire to enhance the delivery of library and museum services within the City, and have reached an agreement that they wish to set forth in writing in the form of this MOU. The City and EDA therefore agree as follows: SECTION 1: TERM This MOU shall take effect on July 1, 2010 and shall remain in effect through and including June 30, 2015. The City or EDA may request an extension of this MOU with modified terms. If either the City or EDA desires to extend the term of this MOU on modified terms, the City and EDA shall negotiate in good faith to extend this MOU. Unless otherwise agreed to by the City and EDA, any extension to this MOU would use the then existing service levels, building size, etc. as the floor of acceptable standards for the future library and museum service. The City fully reserves its rights to withdraw from the County Library System and/or management contract of the museum pursuant to existing laws and regulations, effective with the expiration of this MOU or subsequent extensions. 197 SECTION 2: HOURS OF OPERATION — LA QUINTA BRANCH LIBRARY During the term of this MOU, the La Quinta Branch Library, located at 78-275 Calle Tampico, shall be open: a minimum of 7 days per week including 4 evenings and Sunday; and be open a minimum of 52 hours per week. 2.1 HOURS OF OPERATION — LA QUINTA MUSEUM Using contract staff provided by LSSI, the EDA will provide 40 hours per week of management services to the "City" for the purpose of operating the La Quinta Museum. SECTION 3: LIBRARY COLLECTION EDA agrees to spend a minimum of $5,000 for collection materials during each year of this MOU. The library annual expenditures for collection materials shall be increased as necessary to be consistent with other large branches, and the collection shall be increased in size and scope to make it consistent with other large branches. The City shall have the opportunity to participate in acquisition determinations and to approve the level of funding for the acquisitions. Collection materials purchased for the La Quinta Branch Library shall be the property of the City and be housed at the La Quinta Branch Library. Such collection materials shall not be permanently transferred or moved from the La Quinta Library without the expressed written consent of the City. SECTION 4: LIBRARY FUNDING AND SERVICE EDA will work cooperatively with the City to identiFy funding/grant opportunities for various programs and services connected with the library facility. EDA will spend on library services within the City (including lease payments for the La Quinta Branch Library facility and all other facility expenses), or transfer to the City Library fund, one hundred percent (100%) of library revenues from City or City Redevelopment Agency sources, including but not limited to revenues from redevelopment pass -through agreements, the library portion of the property tax and the library property tax increment, and the City portion of State -funded Public Library Foundation funds. The library revenues from City or City Redevelopment Agency sources, including but not limited to, revenues from redevelopment pass -through agreements, the library portion of the property tax and the library property tax increment, and the City portion of State -funded Public Library Foundation funds shall be referred to hereinafter as the "La Quinta Revenues." An example of funding source and formula for La Quinta Revenues is attached and incorporated herein as Exhibit A. The guaranteed percentage per fiscal year will be as follows: Fiscal Year 2010/2011 Fiscal Year 201 1 /2012 Fiscal Year 2012/2013 Fiscal Year 2013/2014 Fiscal Year 2014/2015 100% of La Quinta Revenues 100% of La Quinta Revenues 100% of La Quinta Revenues 100% of La Quinta Revenues 100% of La Quinta Revenues EDA shall have a minimum of one MILS Librarian serving full-time at the La Quinta Branch Library. In addition to general expenses/operational costs, EDA and City will agree annually upon an amount that will be allocated from La Quinta Revenues to purchase collection materials. EDA will continue to allocate the library expenses which are shared by all library locations in the same manner as it has during the last MOU. EDA has indicated a total cost for operating the library for Fiscal Year 2009/2010 of $900,382 (operational costs). EDA and City will work together on appropriate: A) staffing levels, B) hours of operation, and C) levels of service; all commensurate with the needs of the 20,000 square -foot library. Final determination on A, B, and C shall be at the sole discretion of the City based upon input of EDA. Once all City library expenses are paid/deducted, one hundred percent (100%) of the remaining balance of the La Quinta Revenues will be transferred to the City Library i99 Fund. EDA will present revenues and expenses to the City for review prior to transferring funds to the City Library Fund. The first transfer to the City Library Fund will be made by February 15 of each fiscal year. A second transfer will be made by June 30. A final reconciliation and payment shall be completed by February 1 of the subsequent fiscal year to allow for any year-end fiscal closing procedures of EDA related to the prior fiscal year. Late payments by EDA will result in the City charging EDP, interest, at the City pooled rate during the time of delinquency, based on the amount of the payment and the number of days the payment is late. Once deposited, the funds in the City Library Fund shall be the sole property, and shall be under the exclusive control of the City. The City shall have the right, at its sole discretion, to withdraw and use the moneys in the City Library Fund on any and all library -related expenditures including, but not limited to: (1) reimbursement for any City -paid cost and expense for the La Quinta Branch Library, including but not limited to perimeter landscape installation, maintenance or replacement; lighting, custodial services, utilities, maintenance, replacement, and repair expenses relating to the La Quinta Branch Library, including replacement funds; (2) artwork or other enhancement expenditure in or around the La Quinta Branch Library; (3) repayment of all debt incurred by the City in connection with the construction or renovation repayment of the La Quinta Branch Library or La Quinta Museum; (4) a monthly land lease payment to the City as compensation for the use of the land upon which the La Quinta Branch Library is constructed and operated in the amount of $132,000 per year, as adjusted by a CPI adjustment on each July Vt following the Agreement Date; and (5) any and all other library -related expenses as deemed appropriate by the City. Within 30 days following each deposit EDA makes into the City Library Fund, the City will provide EDA with a report outlining the then existing balance in the City Library Fund and the expenditures made since EDA's last deposit. As used herein, the term "CPI adjustment" shall mean the increase, if any, in the Consumer 200 Price Index for Urban Wage Earners and Clerical Workers, Los Angeles -Riverside -Orange County average, All Items, 1982-84 = 100, published by the United States Department of Labor, Bureau of Labor Statistics (the "CPI"), by comparing (a) the CPI existing on the first day of that month that is closest to and precedes the July 1 adjustment date for which the Department of Labor has published the CPI, with (ii) the existing on the first day of that same month of the previous year. No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the term of this MOU, a comparable index shall be selected by the parties. In the event that State library revenues decrease significantly, the City reserves the right to revisit and/or renegotiate this MOU upon the request of EDA, at the sole discretion of the City. SECTION 5: MUSEUM SCOPE OF WORK 5.1 Using contract staff provided by LSSI, the EDA will provide 40 hours per week of management services to the "City" for the purpose of operating the La Quinta Museum. The Museum Manager shall have a BS in Museum Management or closely related field (History, Humanities) and will be an individual with expertise in the following areas: a) Local history b) Cultural programming c) Facilities management d) Personnel management e) Budgeting f) Community Relations g) Outreach and volunteers coordination h) Customer Services .. 201 i) Working with numerous outside organizations 5.2 During the period of management the Museum Manager will perform the following tasks: a) Onsite management of the daily operations of the Museum 40 hours per week b) Hire and manage the Museum staff c) Direct special projects, including the installation of special exhibits d) Stewardship of the assets of the Museum and museum collections e) Represent the Museum to the public, press, local government, local history groups, and other organizations and individuals f) Manage the work of museum volunteers g) Publicize and promote museum activities, programs and exhibits h) Advise the City on matters pertaining to the operation of the Museum i) Other tasks associated with the operation of the Museum as required by the City 5.3 The Museum Manager provided by LSSI shall report to the City's Director of Community Services. The Museum Manager shall meet and coordinate with the Director of Community Services on an as needed basis. While the day-to- day operations of the Museum shall be carried out by the Museum Manager, the overall management of the Museum shall be under the direction of the Director of Community Services. SECTION 6: MUSEUM EXPENSES 6.1 The parties acknowledge and agree that monies from the City Library Fund established pursuant to this Memorandum of Understanding ("MOU") by and between the City and the County will be used for all Museum operating expenses, including the payment of the fee outlined in Section 7, below. 6.2 The museum Manager will work with the Community Services Director to prepare an annual operating budget and maintain expenses within the budget. 6.3 Any sales from the museum store and admissions will be deposited into the City's Museum revenue accounts and will be the sole property of the City. All expenses for inventory of the store will be included within the approved operating budget. All pricing for museum store items will be approved by the Director of Community Services. SECTION 7: MUSEUM FEE SCHEDULE The total cost of management of the Museum will be approximately $175,000 annually. This amount will be billed to the City by the EDA for the period of service under this proposal. This cost assumes all staff and expenses for the museum operation. The City will be responsible for landscape maintenance, custodial services, replacement or maintenance of lighting, utilities, and repair or replacement relating to the museum. SECTION 8: REPORTS/MEETINGS EDA shall provide City staff quarterly reports appropriate for City Council review. The reports shall be comprehensive and include a status on important library and museum matters such as MOU payment schedule, all related expenditures, collections, programs, 2�3 service levels, and other matters of interest. Quarterly reports shall be due on or about the following dates: September 15, December 15, March 15, and June 15 of each fiscal year of this MOU. In addition, the County Librarian or his/her designee shall attend quarterly meetings at a mutually agreed upon time with City Hall to review submitted reports before City staff forwards such reports to City Council. SECTION 9: CITY LIBRARY COMMITTEE In order to enhance City input on library matters, the City may create a City Library Committee ("Committee"). The purpose of the Committee shall be to review library operations and make recommendations on library operations including, but not limited to, collection purchases, equipment purchases, hours of operation, and other library matters deemed appropriate for review by the Committee. The meeting locations and times shall be set by the Committee and agreed to by all parties. EDA and City will consider input from this Committee to determine appropriate levels of library service. SECTION 10: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM; STATUS OF LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC. 10.1 All items purchased with La Quinta Revenues shall be the sole property of the City of La Quinta. In addition, if the City decides at a future date to withdraw from the County Library System, the City shall be granted the ownership of the then existing collection, equipment, furniture, or furnishings or for any collection materials, equipment, furniture or furnishing purchased prior to or during the term of this MOU for use at the La Quinta Branch Library. In negotiations, City and EDA have agreed that in recognition of the City of La Quinta's contributions to the County Library System, over the past years, City will be given full credit for the value of the library collection and equipment and will be granted ownership of the then existing collection and equipment without additional payment. 10.2 To ensure seamless access to the City's library collection by Riverside County Library System patrons, if the City withdraws from the County Library System at the expiration of this MOU, the City will strongly consider options to link its automated collection management system with County's either (i) by contracting with EDA for operation of the City's system, or (ii) by the City paying all costs to establish a fully interactive link between the City's automated system and EDA's; and 10.3 If the City withdraws from the County Library System at the expiration of this MOU, the City would endeavor to become a member of the Inland Library System preserving its citizens' access to holdings in other public libraries in the Inland area (and vice versa). SECTION 11: DEFAULT OF COUNTY. 11.1 EDA's failure to comply with the provisions of this Agreement shall constitute a default. In the event that EDA is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating EDA for any work performed after the date of default and can terminate this Agreement immediately by written notice to EDA. If such failure by EDA to make progress in the performance of work hereunder arises out of causes beyond EDA's control, and without fault or negligence of EDA, it shall not be considered a default. 11.2 If the City Manager or his delegate determines that EDA is in default in the performance of any of the terms or conditions of this Agreement, it shall serve EDA with written notice of the default. EDA shall have (10) business days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that EDA fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. SECTION 12: INDEMNIFICATION AND HOLD HARMLESS. 12.1 Indemnification by City. City shall indemnify and hold County of Riverside, EDA, LSSI, their officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, it officers, agents, employees, volunteers subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement, and City shall defend at its expense, including attorney fees, County of Riverside, EDA, LSSI, their officers, agents, and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 12.2 Indemnification by County of Riverside, EDA. County of Riverside, EDA shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County of Riverside, EDA, LSSI, their officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement, and EDA shall defend at its expense, including attorney fees, City, its officers, agents, employees 206 and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. SECTION 13: INSURANCE. Both EDA and City maintain programs of self-insurance. In the event either party shall cease such program, then that party shall be required to procure insurance which would be typical for its obligations under this MOU. SECTION 14: NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of La Quinta Mailing Address: P.O. Box 1504 La Quinta, California 92247-1504 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Services Director To County: County of Riverside 3403 10" Street, Suite 500 Riverside, California 92501 Attn: Cultural Services Manager 201 SECTION 15: COMPLETE AGREEMENT Notwithstanding the foregoing, it is intended that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the La Quinta City Council and the County Board of Supervisors. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. The MOU is hereby executed and/or ratified by and between the following authorized representatives of the City and County. 208 IN WITNESS WHEREOF, County and City have executed this MOU on the date(s) written below: Date: By: Thomas P. Genovese, City Manager City of La Quinta ATTEST: Veronica J. Montecino, CIVIC City Clerk APPROVED AS TO FORM By: M. Katherine Jenson, City Attorney LIBRARY SYSTEMS AND SERVICES, LLC By: Mark Smith, Library Administrator Date: in Marion Ashley, Chairman Riverside County Board of Supervisors ATTEST: By: Clerk of the Board APPROVED AS TO FORM AND CONTENT: By: County Counsel 209 EXHIBIT A Example of Funding Source and Formula City of La Quinta Library Revenues Fiscal Year 2009-2010 Property Tax Estimated Tax Estimated Tax after ERAF shift to State $ 735,297.75 $ 387,112.52 Redevelopment Project 1 Pass through Project 2 Pass through $ 1,312,603.35 $ 719,837.69 State Public Library Foundation Funds $ #,###### per capita x Population (43,778) Total Library Revenue Formula: $ 387,112.52 $ 1,312,603.35 $ 719,837.69 Total Library Revenue x 100% = Amount to be spent within La Quinta on City Library Services or Deposited in City Library Fund 210 T4bt 4 Zry Quift& COUNCIL/RDA MEETING DATE: June 1, 2010 AGENDA CATEGORY: BUSINESS SESSION: C� CONSENT CALENDAR: ITEM TITLE: Consideration of an Ordinance Amending Title 2, Chapter 2.95, Section 2.95.030 STUDY SESSION: (Members) of the La Quinta Municipal Code PUBLIC HEARING: Relative to the Community Services Commission RECOMMENDATION: Motion to take up Ordinance No. by title and number only and waive further reading; and Motion to introduce Ordinance No. , on first reading amending Title 2, Chapter 2.95, Section 2.95.030 (Members) of the La Quinta Municipal Code relative to the number of commissioners on the Community Services Commission. FISCAL IMPLICATIONS: The out of pocket savings to the City from having from reducing the size of the Commission by two commissioners is approximately $1,800 per year. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 3, 2007, the City Council approved an Ordinance increasing the size of the Community Services Commission ("Commission") from five members to seven members. Several members of the Commission have indicated that the Commission is very active in obtaining resident feedback, attending and making suggestions to staff regarding programs, facilities and events and providing recommendations to City Council on a variety of relevant topics. However, those members believe that the increase in the size of the Commission has not made significant improvements to the recommendations or function of the Commission. On May 10, 2010, the Commission voted to make a recommendation to the City Council for a reduction in the number of Commission members from seven to five. The Commission currently has one vacancy and three members whose terms are set to expire on June 30, 2010. As of the May 21, 2010 application deadline, two of the three Commissioners whose terms were to expire did not reapply. On May 18, 2010, the City Council directed City staff to prepare an ordinance that would reduce the size of the Commission to five members. Pursuant to that request, the ordinance submitted herewith would reduce the size of the Commission to five members. DINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to take up Ordinance No. , by title and number only and waive further reading; and motion to introduce Ordinance No. , on first reading amending Title 2, Chapter 2.95, Section 2.95.030 (Members) of the La Quinta Municipal Code relative to the number of commissioners on the Community Services Commission; or 2. Do not introduce Ordinance amending the La Quinta Municipal Code; or 3. Provide staff with alternative direction. Res aubmitted, "&�9 — Edie Hylton Community Services Director Approved for submission by: I -AL Thomas P. Genovese, City Manager Attachment: 1. Redline/Strikeout copy of Chapter 2.95, Section 2.95.030 of the La Quinta Municipal Code 212 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.95, SECTION 2.95.030 (MEMBERS) OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION WHEREAS, the City wishes to amend the La Quinta Municipal Code to reduce the number of commissioners on the Community Services Commission to five. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. That Chapter 2.95, Community Services Commission, Section 2.95.030 of the La Quinta Municipal Code is hereby amended to read as follows: 2.95.030 Members — Appointments — Terms. A. The Commission shall consist of five members appointed by the City Council. Parties interested in serving on this Commission shall exhibit expertise, experience, or knowledge, or similar assets that may be useful in serving on this Commission. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. r 213 Ordinance No. Community Services Commission - Members Adopted: June 1, 2010 Page 2 PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 1" day of June, 2010, by the following vote: AYES: Council Members NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California ',,.. 214 Ordinance No. Community Services Commission - Members Adopted: June 1, 2010 Page 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-115. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California 215 ATTACHMENT 1 REDLINE COPY OF CHAPTER 2.95, SECTION 2.95.030 OF THE LA QUINTA MUNICIPAL CODE 2.95.30 Members -Appointments -Terms. A. The commission shall consist of seven f members appointed by the City Council. Parties interested in serving on this commission shall exhibit expertise, experience, or knowledge, or similar assets that may be useful in serving on this commission. 216 Twft 4 4v Qatq& COUNCILIRDA MEETING DATE: June 01, 2010 ITEM TITLE: Consideration of Appointments to Various City Boards, Commissions, and Committees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: y� CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of: 1) One appointee to a two-year term on the Architecture and Landscape Review Committee; 2) Two appointees to two-year terms on the Community Services Commission; 3) Two appointees lone non-professional, one professional) to three-year terms on the Historic Preservation Commission; 4) Five appointees, three non -tenants to one-year terms; one tenant, and one tenant age 62+, to two-year terms on the Housing Commission; 4) Up to four appointees to three-year terms on the Investment Advisory Board, and provide direction for any remaining vacancies; and 5) Three appointees to two-year terms on the Planning Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Clerk Department published a notice in The Desert Sun on April 7, April 25, and May 5, 2010, and in the April and May 2010 issues of the La Quinta Gem, notifying the public of the expiring terms for City Boards, Commissions and Committees. All members of Boards, Commissions and Committees whose terms are 217 expiring this year were invited to reapply, and the deadline for receiving applications was May 21, 2010, at 5:00 p.m. The following Boards, Commissions and Committees will have vacancies as of June 30, 2010: 1 . Architecture and Landscape Review Committee — one (1) vacancy. The terms held by Commissioners Jason Arnold and David Thorns are not scheduled to expire until June 30, 2011. The term currently held by Commissioner Ray Rooker expires June 30, 2010. Mr. Rooker has submitted an application for reappointment, and additional applications have been received from Kevin McCune and Robert Robinson. (Attachment 1) 2. Community Services Commission — two (2) vacancies. The terms held by Commissioners Michelle Lawrence, Robert Leidner and Andrea Spirtos are not scheduled to expire until June 30, 2011. There is a current vacancy for a term expiring June 30, 2011, and the terms currently held by Commissioners Joan Biegel, Rosemarie Darroch, and Kathleen Fitzpatrick expire June 30, 2010. Commissioner Fitzpatrick has submitted an application for reappointment, and additional applications have been received from Sharrell Blakeley, Heather Engel, Gerald London, and Philip Werber. (Attachment 2) 3. Historic Preservation Commission -two (2) vacancies (one professional and one non-professional position). The terms held by Commissioners Maria Puente (professional), Archie Sharp (non-professional), and Allan Wilbur (professional) are not scheduled to expire until June 30, 2011. The terms currently held by Commissioners Peggy Redmon (non-professional) and Robert Wright (professional) expire June 30, 2010. Commissioners Redmon and Wright have submitted applications for reappointment, and additional applications have been received from Laurie Muhlhauser and John Puff. (Attachment 3) 4. Housing Commission — five (5) vacancies The Housing Commission was established by Ordinance No. 473 on October 24, 2009. The initial appointments shall consist of five (5) members — three (3) non -tenants with one-year terms, one (1) tenant with a two-year term, and one (1) tenant age 62+ with a two-year term. All subsequent appointments will be for two-year terms. Applications have been received for the non -tenant and tenant positions (see list below). Staff has confirmed the City does not have any tenants over 62 years of age in the first transfer of properties to the Housing Authority; therefore there are no qualified age 62+ applicants available for consideration. The City 218 Council may appoint two (2) tenant members with two-year terms until such time tenants age 62+ are available. (Attachment 4) Non -Tenant Joan Bittle Dennis Byerly Carole Breithaupt Corry Hunter John Jamison Teresa La Rocca Sue Marie Leidner Gerald London Sean Swinford Kay Wolff Tenant Pam Dorsey Esperanza Polanco 5. Investment Advisory Board — four (4) vacancies with three-year terms. The term held by Commissioner Rassi is not scheduled to expire until June 30, 2011. There is a current vacancy with a term expiring June 30, 2012, and the terms currently held by Commissioners David Alan Park, Donald Moulin, and Theodore Ross expire June 30, 2010. Commissioner Park has submitted an application for reappointment, and an additional application has been received from Andrea Spirtos. The required financial background information was not available for staff to verify on Mrs. Spirtos' application. (Attachment 5) 6. Planning Commission — three (3) vacancies. The terms for Commissioners Quill and Wilkinson are not scheduled to expire until .June 30, 2011. The terms for Commissioners Edward Alderson, Katie Barrows and Mark Weber expire June 30, 2010. Commissioners Alderson, Barrows and Weber have submitted applications for reappointment, and additional applications have been received from Frank Blum, Chris Hermann, John Klimkiewicz, Kay Ladner, and Andrea Spirtos. (Attachment 6). FINDINGS AND ALTERNA' The alternatives available to the City Council include: 1. Approve the selection of one appointee to a two-year term on the Architecture and Landscape Review Committee; two appointees to two-year terms on the Community Services Commission; two appointees (one non-professional, one professional) to three-year terms on the Historic Preservation Commission; five appointees, three non -tenants to one-year terms; one tenant, and one tenant age 62 +, to two-year terms on the Housing Commission; up to four appointees .• 219 to three-year terms on the Investment Advisory Board , and provide direction for any remaining vacancies; and three appointees to two-year terms on the Planning Commission; or 2. Do not approve the selection of one appointee to a two-year term on the Architecture and Landscape Review Committee; two appointees to two-year terms on the Community Services Commission; two appointees lone non- professional, one professional) to three-year terms on the Historic Preservation Commission; five appointees, three non -tenants to one-year terms; one tenant, and one tenant age 62 +, to two-year terms on the Housing Commission; up to four appointees to three-year terms on the Investment Advisory Board, or provide direction for any remaining vacancies; and three appointees to two-year terms on the Planning Commission; or 3. Provide staff with alternative direction. Ily submitted, ,CMC City Cler Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Attachments 1 - Architecture & Landscape Review Committee Applications 2. Attachments 2 - Community Services Commission Applications 3. Attachments 3 — Historic Preservation Commission Applications 4. Attachments 4 — Housing Commission Applications 5. Attachments 5 — Investment Advisory Board 6. Attachments 6 — Planning Commission Applications 220 ATTACHMENT 1 Date: 5/11 /2010 RECEIVED 2010 MY 12 R°1 R 07 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTS �Tr of La OFFICE ARCHITECTURAL AND LANDSCAPING RE I �LERK'S OFFICE COMMITTEE NAME: Kevin McCune HOME ADDRESS: 49-490 Rancho Las Mariposas, La Quinta, Ca. (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME)760-771-5645 BUSINESS:760-777-7505 EMAIL: kmccune@dc.rr.com FAX: 760-777-9510 BUSINESS ADDRESS:49-950 Jefferson St. Suite 130, PMB 336, Indio, Ca 92201 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: President, Earthtones Landscape Co. Inc. LENGTH OF RESIDENCE IN LA QUINTA: 10 Years, 47 in the Valley HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? NO, 5/13/2010 ? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I have lived in the Palm Desert, La Quinta Area for 47 Years, All of my Education as been in the DSUSD school District, Except for my senior year I graduated from San Luis Obispo High school. Junior College Education from COD, Cuesta College, Saddleback. No Degree. I have worked on the developments at Mornigside Country Club, The Springs Club, The Lakes CC, Palm Valley CC, Rancho La Quinta, The Reserve, The Vintage Club, I have a very good relationship with the Landscape Architects of the Valley. I arr very familiar in reading and assessing landscape and architecture plans. I have a great knowledge of desert plant material. I am very familiar with what does and does not work in this valley. I have an strong irrigation background, in both a design and build sense. I worked for High Tech Irrigation for 6 Years in Sales and golf development. I am very good at isolating problems at a very early stage of development. My Family purchased the old property on the corner of Jefferson and Ave 50 in 1972. This house was built in 1927, the same time the La Quinta Hotel was built. we completely brought it back to its original condition. Even though this ranch is in Indio, I always considered it to be La Quinta. 221 APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural My understanding is the committee is there largely to create a point of view and expertise to the planning department. I spoke to Bill Bobbitt and he gave me some insight on how the process works. My understanding is that it mostly applies to Commercial and Public projects What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? have seen some great development in the city and some that I am not proud of. I think we need to look after the future evelopment so it may have a consistent rhythm or theme. Not to say it needs to be identical throughout, but it needs to ave a flow throughout the entire city. I think this has been the direction by Staff and the Committees in the past. What specific attitudes, skills and/or expertise do you think you have which would enhance the work OT the La uujnta Arcnitectural & Lanascamna Kevlew uommiueeY I have a great understanding and open mind on what Architects and Planners are trying to achieve. I think with this ;ommittees input and knowledge it can only be an asset not only to staff, but also to developers and builders who find an est in doing business in La Quinta. k You for Your consideration i McCune PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 222 Robert Michael Robinson, AICP 61304 Topaz Drive La Quinta CA 92253 Home: (760) 393-8682 Cell: (760) 777-3231 rmr.la74@vahoo.com ti c� o o 0 r o �, MM -n C7 May 17, 2010 rn co M U3 o < o c 3 m Honorable Don Adolph, Mayor n ~ City of La Quinta M M PO Box 1504 La Quinta CA 92253 RE: ARCHITECTURAL AND LANDSCAPE REVIEW COMMITTEE APPLICATION Honorable Mayor Adolph: I am pleased to submit my attached application for the current opening on the City of La Quinta Architectural and Landscape Review Committee. As noted in my application and attached resume, I over 34 years of local government planning and urban design experience. Although I am a relatively new resident, I am eager and committed to serve the City Council, Planning Commission, and the entire La Quinta community to ensure that new developments meet and maintain the high design quality of the City's existing development pattern. I look forward to participating in the interviews for this important committee. Should any of your staff have questions about the attached material or my qualifications and interest in the ALRC, please feel free to have them contact me at their earliest convenience. Sincerely, Rr1CHAE`L5RCB1�NS0N,'Al`CP Attachments: ALRC Application Resume' 223 My 17, 2010 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: R. Michael Robinson, AICP HOME ADDRESS: 61304 Topaz Drive (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) (760) 393-8682 BUSINESS: (760) 777-3231 EMAIL: rmr.lg74@yahoo.com FAX: NA BUSINESS ADDRESS: 61304 Topaz Drive IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU RMR Consulting Services - Consultant LENGTH OF RESIDENCE IN LA QUINTA: 3 1/2 years (since December 2006) HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? Yes Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I have over 34 years of local government planning and urban design experience with the City of Costa Mesa. During my tenure with Costa Mesa, I prepared the Comprehensive Urban Design Plan for the Downtown Redevelopment Project Area, the Fairview Road Landscape and Improvement Concept Plan, and the Theater Arts District Design Plan. When I retired in September I held the position of Assistant Development Services Director which included repsonsibilites to serve as the Zoning Administrator (ZA) and Planning Commission Secretary. As the ZA, I was responsible for the review and approval of Minor Design Review applications for new residential developments and additions to and remodels of existing single-family homes. I have a BS degree in Urban and Regional Planning from Cal Poly, Pomona, and an MPA from Cal State Long Beach. At Cal Poly, all urban planning, architecture and landscape architecture students wee required to take two years of core environmental design Gasses before specializing in their chosen major/profession. This educational approach stressed the need for interdisciplinary cooperation between the various design professions and also provided me with a base education in the theories and practices of architecture and landscape architecture. I was also very fortunate to take a Gass on the history of modem architecture taught by Richard Neutra when he was a visiting professor and guest lecturer at Cal Poly just prior to his death in 1970. 224 APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural La Quinta Architectural and Landscape Review Committee was established by the City Council in 1998 to review iitectural design features and landscape plans for development projects and to make recommendations to and advise Planning Commission regarding these features and plans. The Committee consists of three members and meets What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee ano ao you nave any suggestions to aaaress tnose issues or key issue is the need for continued and diligent implementation of the City's water -conserving policies and standards. has been made even more critical in light of recent legislation, plans, and court cases affecting water supply and ations from both the Bay Delta and Colorado River. As a member of the ALRC, I would encourage on -going work and eration with the CVWD to ensure that La Quinta is doing the all that it can to reduce water demand for landscaping )ses and to also maintaining the quality and variety of the City's landscaped environment. ALRC must also be diligent in maintaining high architectural standards that complement existing developments and are that new projects are assets to the community, especially in these difficult economic times. What specific attitudes, skills and/or expertise do you think you have which would enhance the work UT ere La Uumta rvcnitectural dx Lanascaolna Kevlew commlttee"r noted earlier, I will bring over 34 years of local government planning and urban design experience to La Quints. I am ler to serve my new home town and to become involved in the City's design review process. I will bring a positive can -do Jude that is flexible enough to accept new design concepts and philosophies without compromising existing design idards or the integrity of the design review process. While serving as the Secretary to the Costa Mesa Planning emission, I have learned to work well in an open and public decision -making arena and to work toward consensus -built PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Submit Application 225 Robert Michael Robinson, AICP 61304 Topaz Drive La Quinta CA 92253 Home: (760) 393-8682 Cell: (760) 777-3231 rm r.la74Ccava hoo.com Education BS — Urban & Regional Planning — Cal Poly, Pomona (1973) MPA — Cal State Long Beach (1979) Employment • Consultant — RMR Consulting Services (2008 to Present): Land use planning and entitlement consultant to private development industry clients and local governments. • Assistant Development Services Director — City of Costa Mesa (2004 — 2007): Division Manager of Planning Division, Zoning Administrator, and Planning Commission Secretary • Planning & Redevelopment Manager — City of Costa Mesa (1999 — 2004): Division Manager of Advance Planning Section and administrative functions of Redevelopment Agency. • Principal Planner— City of Costa Mesa (1987—1999): Division Manager of Advance Planning Section. • Senior Planner— City of Costa Mesa (1981-1987): Supervisor of Advance Planning Section (1984 —1987) and Current Planning Section (1981-1984). • Associate Planner — City of Costa Mesa (1975—1981): Advanced professional -level staff position within Advance Planning Section. • Assistant Planner — City of Costa Mesa (1973—1975): Entry-level staff position within Advance Planning Section. Memberships • American Planning Association • American Institute of Certified Planners • Trilogy La Quinta Facilities Committee • Frank Lloyd Wright Preservation Trust (Prairie Society) • Mono Lake Committee 2 6 RECEIVED 2010 MY 13 AM 3 51 Dater 7 11 IL) CITY OF LA QLIINTA TY OF LA QUINTA CITY CLI N TO SERVE ON LA QUINTA ARCHITECTURAL'AND LANDSCAPING REVIEW COMMITTEE NAME: 1F Q-Y t�N' 00 K& 1:i HOMEADDRESS: L J6SZ KNt GAO '5 kk" 1ff1j!AMC156Z0t (0 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME)(760) 5 614 - 6 7J19 BUSINESS: S C, vote EMAIL: VY'001«rC CtC,, Y", Co ""I FAX: (7o0)771- `T `{-76 BUSINESS ADDRESS: S C. IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU Sl_LF L=a1l'LO`iv lQ2c�1tZL=C, r LENGTH OF RESIDENCE IN LA QUINTA: Lf i- ��ZS HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? BLS Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. S i✓1 E Ct,keL.O ��'b h CtAt7L G j tA Et :M0;,e(i Eht_Kr' 227 APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural L' U LzF-c-U I N(C-tA L lz What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee ano uo you nave any suggestions io aaaress rnose issues or probems t What specific attitudes, skills and/or expertise do you think you have which would enhance the work vi uie La lluulld rucnuecrurai a uanascaama Kewew uommmeee PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Submit Application 228 ATTACHMENT RECEIVED 2010 MY 12 I'M 9 57 CITY OF LA QUINTA CITY CLERK'S OFFICE CITY OF LA QUINTA APPLICATION TO SERVE Date: May 12, 2010 ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: Sharrell Blakeley HOME ADDRESS: 49-505 Marne Court La Quinta CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME)760-972-4441 BUSINESS:951-733-2890 EMAIL:sblakeleyl@aol.com FAX: BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HO LENGTH OF RESIDENCE IN LA QUINTA: October, 2009 - 8 months HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I graduated from the University of Michigan, Ann Arbor with a Bachelor's Degree and a Master's Degree in Social Work. I recently retired as Associate Warden, California Department of Corrections and Rehabilitation, in the Department's Headquarters in Sacramento, where I managed statewide services and programs for female offenders and their children. I was responsible for community programs housing women and their children, while the women completed substance abuse programs. This was my second retirement. I had previously retired as Director of Child Protective Services for the County of Riverside from 2000-2008. My prior work experience includes provision of direct social work services, and management responsibility as chief of statewide child abuse prevention, foster care and adoptions under 4 Governors. All of my job duties required oversight of policy development, budgets, regulations, legislative testimony, program and staff development, communications, community and public relations. I have developed and implemented Master Plans and Strategic Plans, proposed and implemented programs, and collaborated with diverse community groups to hold large 'recognition' events for foster youth graduations, grand openings of programs, and employee ceremonies. I developed and monitored contracts with numerous community service providers and evaluated contract outcomes. I have extensive program knowledge related to community services, social programs, public hearings, public speaking, and compliance reviews. I have served as a Board member of local, state and national non -pros 229 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community The Commission's purpose is to develop and implement planned recreation and community services in La Quinta; serve as an advisory body to the City Council and identify community needs for recreation and social services. Members are responsible for analyzing program effectiveness, recommending solutions to concerns and issues, maintaining oversight of the Master Plan and the annual staff Work Plan and respond to any assignments/requests from City Council members. Members are also responsible for attending related community events and conducting public hearings as appropriate, review parks maintenance standards and quality, and promote collaboration and cooperation among the public safety agencies and the residents of La Quinta. Duties also include evaluating and making recommendations for change, when necessary and always fostering respect and integrity among racial, religious, cultural and nationality groups. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? irly, a major concern is the current economic climate and its drastic effects on all cities and counties in California. This Set crisis makes it all the more critical for the Commission to balance needs among the subsidy and purchase of public the maintenance of parks and recreational sites; the granting of funds to valuable and viable community service iders, and the hosting of community events. The staff annual Work Plan, reviewed and approved by the Commission City Council is an excellent outline of priorities and should be available to all residents. vvnat specltic attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? I am a Senior citizen with extensive experience and expertise in community programs and services. I fully understand the opportunities and challenges faced by all government agencies. I understand the need for transparency, clarity, equity and flexibility in dealing with residents and their concerns about programs for them and their children. I have often been acknowledged for my interpersonal skills, ability to resolve issues and build consensus among diverse groups of people and I am an articulate communicator with the public. I have extensive experience with contracts, hosting of public events, serving as liaison to the community and serving on civic boards. My years of executive management in public child welfare and the state prison system have taught me to be a responsible steward in the provision of quality programs that are accountable and responsive to those receiving the services, as well as those of us who pay for them. I believe that I would be an asset to the Community Services Commission. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Submit Application 230 RECEIVED 2010MY11 AID1054 CITY OF LA QUINTA CITY OF LA QUINTA CITY CLERK'S OFFICFAPPLICATION TO SERVE Date: May 10, 2010 ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: Heather Engel HOME ADDRESS: 52350 Avenida Velasco (Must be a La Quints resident and eligible to vote in the City.) TELEPHONE: (HOME). (760) 777-7618 BUSINESS: (760) 398-2651 EMAIL: hlboling@hotmail.com FAX; BUSINESS ADDRESS: 85995 Avenue 52, Coachella IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Director of Communication & Legislation for Coachella Valley Water District LENGTH OF RESIDENCE IN LA QUINTA: Six years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. uary 2004 to present, I have worked at the Coachella Valley Water District. Currently, I'm Director of munication & Legislation and oversee the district's public education and outreach efforts, including ;letters, press releases, speaking engagements, tours, school presentations and the website. serve on the Association of California Water Agencies' Communications Committee and Southern :alifornia Water Committee's Standing Committee on Education. December 1999 to February 2004, 1 was an assignmenttcity editor for The Desert Sun newspaper. I graduated from Humboldt State University, Arcata CA, in 1994 with a Bachelor's Degree in Journalism. I frequently take advantage of the city's hiking trails, use the parks and dog parks and have participated in various recreation programs. My husband and I are both frequent attendees of city and chamber events, including the recent Community Picnic and Birthday Party and Taste of La Quinta. involvement includes being a volunteer poll worker for Riverside County Registrar of Voters since 231 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community a visitor to three Commission meetings — once as an invited speaker and twice as an interested resident — I have a s ierstanding of the Commission's functions, regulations and procedures. I understand the Commission was created to vide advice to the City Council on issues related to community services and recreation. Soliciting input from a diverse up of residents, whether in the form of a commission or another venue, is vital to a city's success. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? Community Services Commission is faced with advising the City Council in ways to accommodate a growing elation's recreational and service needs in the face of tough economic times. Residents expect the city to provide a iin level of service, but it will need to balanced with fiscal responsibility. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? ig a La Quinta resident who loves her city is the most important characteristic that would help guide me, if appointed to Community Services Commission. As a user of the city's hiking trails, parks, dog parks and recreation programs, I have -hand experience that would be used in analyzing existing programs and making suggestions for improvement. )ugh my work at CVWD, I am knowledgeable about water conservation issues and desert -friendly landscaping, which city has been promoting for the past few years. My knowledge is these areas, including the city -sponsored conservation trams, could also help enhance the work of the Commission. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Sub 161Appiication 232 RECEIVED Date: 14 May 2010 2010 MY 14 PM 4 15 CITXf)FFLA 9MR+TA. APF41II ,QTIPftT(P PgIWE ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: Kathleen E. Fitzpatrick HOME ADDRESS: 81-824 Contento Street. La Quints, California 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME).760.393.2919 BUSINESS: EMAIL: carmelabungalow@gmail.com FAX. 760.393.2919 BUSINESS ADDRESS: Retired IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: 4 years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes, all since July 2008 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Attached 233 KATHLEEN FITZPATRICK EDUCATION Bachelor of Landscape Architecture Project Management Program Commission Training PROFESSIONAL EXPERIENCE LIC Berkeley 1971 LIC Irvine 1998-2000 California Association of Commissioners & Board Members - November 2009 City of Los Angeles 1972 - 2005 Department of Recreation and Parks 1978 -2005 • Superintendent of Planning and Development - Responsible for oversight of the Department's Capital Improvements Program • Project Manager 11 - Responsible for Design and Construction of $25 million/ Year Capital Improvements Program funded by various Propositions and Bonds. • Project Manager - Responsible for community input, design and construction of major capital improvement projects and development of various Master Plans for facilities within the park system Bureau of Engineering 1972 —1978 • Landscape Architectural Assistant — Responsible for assisting in the design or various street improvement projects OBJECTIVE To continue to serve as a member of the City of La Quinta Community Services Commission May 14, 2010 234 Page 2 Biographical sketch including education, work experience, civic involvement and other background. In 2005 1 retired from the Department of Recreation and Parks as the Superintendent of the Planning and Development Division. Over my 33+ years with the City my career encompassed increasing levels of responsibility for the design and construction of major capital improvement projects culminating in oversight for the Department's entire capital program. While the five (5) year Capital Improvements Plan exceeded $200 million, annual capital program expenditures customarily exceeded $25 million per year. As many as 60 projects each year would be in development, providing improvements to thousands of acres of public park land, several public golf courses, public swimming pools, the Griffith Observatory, the Los Angeles Zoo, numerous museums, historic buildings and parks, recreation buildings and related child care and senior centers. Facilitation of community meetings, as an integral part of the design process, allowed me to develop consensus building skills as well as learning the importance of implementing projects that reflect current user needs while providing program flexibility in response to changing demographics. Currently I enjoy serving on the Commission, and on the Board of the La Quinta Historical Society. Describe your knowledge of the functions, regulation, and procedures for the La Quinta Community Services Commission. Having served on the Commission since 2008 1 have had the pleasure of actively participating in all meetings, committing to the obligations and activities of the Community Services Commission/Department. I would like to continue to contribute to the City and the Department by responding to La Quinta's need for fiscally responsible design, operation, and maintenance of facilities that are intended to provide optimal recreation experiences for our community. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? La Quinta has beautiful parks and open space. However, as the City continues to expand to "build -out', people friendly open space must continue to be a primary consideration. Participation in the General Plan update process, as both a private citizen and as part of the Community Services Commission Yearly Work Plan, is a personal goal. La Quinta has an opportunity to continue to be forward thinking in its inclusion of planned open space as part of the development of the Highway 111 corridor in the General Plan Update which is underway at this time. Among other challenges the Commission faces is community involvement in the fact finding/decision making process. The current commissioners are actively encouraging the community to participate, not only in the programs the Department provides, but in the commission meetings as well. Commissioners 235 Page 3 participate in as many events as possible, routinely engaging community members, and encouraging participation at our meetings. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? My particular skill set, developed over years of working with diverse communities within the City of Los Angeles has provided me with a perspective as to what comprises relevant community services in appropriately designed facilities. Design which allows for the maximum program flexibility by responding to changing user needs, will provide for fiscally responsible recreation and open space options for our City. Forward thinking in continuing to move toward water conservation on our facilities will set an example to the public in conserving natural resources. My personal belief is that we are setting a good example through the proper use and maintenance of native plant material as we continue to upgrade our existing facilities. I would like to help continue to promote these principals. Working with the La Quinta Historical Society has helped me make a meaningful connection between the evolution of historic La Quinta and planning for the future of this great City. Kathleen E. Fitzpatrick May 14, 2010 ��- 236 RECEIVED RECEIVED Date: R201DERNIEP1 PM 4 27 2010 APR 21 QIT CELA QUINTA 'R 2IT1t�(fbF`iG2�t11NTA CITY OFAPOPILICATION TO SERVE CITY CLERK'S OFFICE CITY Ct Eg 6bgg���� ON Y NTA OF LA QUINTA LA QUINTA WUhf'TY SERVICES COMMISSION CLERK'S OFFICE NAME: lJl /Gf/ GoIVDo/v HOME ADDRESS: (Must be a La Quinta reside�nf and el, TELEPHONE: (HOME)(9/4-�3/-04S/ BUSIN EMAIL: BUSINESS ADDRESS: "827 e4S T/Gel-e7 1 K, H Qv/NT%, 61A 9 2,253 g0ple to vote in the City.) IF EMPLOYED, LIST YOUR EMPLOYER AND POSVION(S) YOU HOLD: (////</N - t3i (/A/6`, ccl ES /At �OlJi1fTY o� 01V,9A/GE 74- 472`' CoMM / TT � LENGTH OF RESIDENCE IN LA QUINTA: MON7 y-5 7- HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? 465qD /UI�NUTES `/Q/�51VD o.- C6'01 l-5:s10A16 iQ 5hyEZ->ON 6vFOS1-4z Biographical sketch, including education, work experience, civic involvementand othe ack- ground. Please be sure to include experiences relevant to duties of the position you seek/L%e-5ET//l/G n.. 237 Resume Gerald London 9482 Asbury Circle & Westminster, Ca 92683 (714)531-0687 g—london@yahoo.com 79827 Castille Drive La Quinta, Ca 92253 Goal: To be of service to the City of La Quints Public Service — 13 Yrs. Orange County Regional Recreational Trails Advisory Committee Orange County Airport Arts Commission - Chairman Westminster Cultural Arts Commission — Chairman Westminster Traffic Commission — Chairman Westminster Community Advisory Group- Vice Chair. Westminster Historical Society & TBE Board Defense Engineering — 35 Yrs. Consultant Engineer on Star Wars "SDP'— Rockwell "MX" Intercontinental Ballistic Missile — Northrop Early Warning System — Brunswick Defense Engineering Designer — Hughes Aircraft Culver City Military Communications Satellite "HS350-F6" & "AHH-64" Apache Advance Attack Helicopter, Trident Submarine, Boeing 747 Aircraft Also Designed Mickey Mouse Telephone — Bell Western Elect. Education: City College of New York Christopher Columbus H.S. Personal: Married 43 Yrs. 3 Adult Children & 9 Grandkids Hobbies — Photography, Art, Going to Theatre, Outdoor Activities & Traveling 0 1.3� RECEIVED 2010 APR 26 PPl 1 59 CITY OF LdW TF LA QUINTA CITY CLE ff"ON TO SERVE Date: April22, 2010 ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: Philip Werber HOME ADDRESS: 54330 Avenida Martinez, La Quinta, CA 92253 (Must be a La Quinta resident to vote in the TELEPHONE: (HOME).760-399-9634 BUSINESS:310-880-3970 EMAIL: pwerber@gmail.com FAX: BUSINESS ADDRESS: 50855 Washington St. La Quinta, CA 92253 (mailing) IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: CEO, The Werber Group, LLC LENGTH OF RESIDENCE IN LA QUINTA: 5 years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? not yet Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Werber is a recognized innovator and leader in the training, marketing and communications industry. ently, he served as Vice President of General Physics, a global leader in corporate training, and as eral Manager of Sandy Corporation's west coast automotive training, communications and consulting pion. For more than 25 years, Phil has been designing and overseeing large-scale, ground -breaking itives that launch new products, new brands, and bring new technologies to improve how audiences i and perform. In the past, Phil has been part of Maritz Learning's elite Performance Consultant group sing on sales, service, brand, and customer satisfaction programs for Infiniti, Honda, Nissan, Ritz eton, Agilent Technologies and other Fortune 500 companies. He designed the extremely successful ch of the Lexus brand of automobiles in China. Phil spent several years at Jack Morton Worldwide ,t Coast Director, for the Learning & Digital Media Group. He has worked extensively with leading maceutical and biotech groups. Phil is recognized by the International Society of Performance ovement as a Certified Performance Technologist —the most prestigious recognition for instructional gn—for his work in continuous improvement, kaizen, and performance improvement. He has published nsively on how people learn, act, and react, in both everyday society and in cyberspace. His community environmental work includes films on sustainable development for World Wildlife Fund where he :led the world looking at how communities can impact their environment and what we can do about it. �3 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Community Services Commission, frankly, seems to recommend on issues ranging from the quite mundane to the truly iificant. Based upon my readings of published prior meeting notes, some of what the commission recommends on or lyzes is ordinary procedural to the important, such as "consideration of inclusion of the 8.99 acre parcel" adjacent to the Fred Wolff Bear Creek Nature Preserve. It is on these kinds of issues that the Commission can influence the direction of city over the long-term and in significant ways. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? a general citizen of La Quinta, I can appreciate the Commission's very good work as it relates to Parks, Arts Festivals i the city's position in the valley. I think that the problems facing the Commission are those facing all local governments i agencies;how to do with less, and what to do given that there is less to do it with. I think that the Commission needs to e a hard look at where to recommend the spending or taxpayers' dollars. I also think that there has been almost too ch development and encroachment on local parks such as Fritz Burns park and the Civic Center, with unnecessary jects that take away from the green space that characterizes La Quinta. I also believe that not enough is being done to nmunicate the Commisssion's goals, actions and direction to citizens.i What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? ✓ background in marketing, education, and corporate training (as well as high-level management) gives me the ganizational and managerial skills needed to successfully strategically analyze and plan for the future. It is what I get paid do. My unique expertise in today's communications technology, which includes all kinds of social media and mobile ,plications (iPhone Apps, etc) gives me the background to help the Commission get the word out --in other words, help it mmunicate better with the community at large. Our people need to know what is going on, why, and how we are helping fine the future. Now, the Commission is kind of a "sleepy" unknown and its work is not appreciated or particularly dorsed by residents. My understanding of global environmental issues will help impact the Commission's analytic PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Submit Application L40 ATTACHMENT Date: May 14, 2010 RECEIVED CITY OF LA QUINTRV/AypI� nqy 18 PIS 1 93 APPLICATION TO SE ON CITY OF LA QUINTA LA QUINTA HISTORIC PRESERVATION Xi0WAW WOE NAME: Laurie K. Muhlhauser HOME ADDRESS: 44396 W Sundown Crest Drive La Quinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME), Cell: 650-291-1389 BUSINESS:. EMAIL: Iaurie900@yahoo.com FAX: BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HO LENGTH OF RESIDENCE IN LA QUINTA: 2 years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? May mtg cancelled Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. educational Degree is in Communication with a Masters Degree in Non-profit Management. have been a resident of La Quinta for 2 years and a resident of the Coachella Valley for 3 years. worked in fund raising at College of the Desert for 2 years. experience for this position: I am currently working with Jennie Kelly, Director of the Salton Sea Historical Museum, to help set up the w museum, its collections and data administration in the preservation of the Salton Sea area and its history. For 5 years, I was on staff at the Hoover Institution Archives at Stanford University. I assisted the director d curators in their daily efforts to identify, collect and preserve historical collections from all over the world. I was a docent and education specialist at the Denver Museum of Natural History for 2 years. My area of ecial training was with the Aztec culture and historic exhibition. '141 APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta have downloaded and read the minutes of the Historic Preservation Commission for the past year. As a result, I feel iirly versed in the projects the Commission is currently addressing. What specific issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? I think the preservation of the Cove district, the La Quinta resort and notable historic homes and adobes would be top shelf items. The challenge with these endeavors is to identify what should be preserved and not compromise the integrity or historical value of these structures and areas. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? addition to the historic and preservation experiences that I outlined above, I have many years of experience in fund sing (and some grant -writing) which may be a valuable asset in assisting the Commission's function. first -ever visit to the Coachella Valley (ten years ago) was a wonderful stay at the La Quinta resort. I was enamored i the area and would be pleased to be considered to serve the City of La Quinta in this most important role as an ve member of the Historic Preservation Commission. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Submit Application 242 �IO/1- Pfo��ia� Date: RECEIVED 2010 APR 21 0-00AA QUINTA CITY 0It4PPygAjION TO SERVE CITY CLERK'S OFFICEON LA QUINTA HISTORIC PRESERVATION COMMISSION NAME: HOME ADDRESS: ��d 3 ©U-tV-"nCLLL t,) Oo D L-A GPI_ vCT 4� (2 { 0(22T3 (Must be a La Quinta resident and eligible to vote in the City.) c_ � -tip TELEPHONE: (HOME) % b O , "]) 1- 1 � (a k— BwcSWIESS .7 O `` l 3- ' EMAIL: J c NL i) S le 4� o o 4-. Ca o,, FAX: "7 (s'3 - i1 1- 19 61— BUSINESS ADDRESS: t'\m w IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: ( t C3 q HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? 4-1 -e 5 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. wI-Vti A L4•3 q 9 n V4-<� (� titi-tea ms a � etk �\ ' e r i S K.� ' u rime- F= i 9-vL� w�a�G 50Vz b-_ �W�_ vwuv" -' 0-Ip. — at,&U C9 w v hnnay. "�A n- 3 0 0-�4 Qep-L_ b- C; ►3� 1 r= I rz n IN 4A f�ii —YJj Vw� `. TC-' Vic t h� '—f 1� ' K1tiVt 'Ltt cnM1 4t t T p�- -cod F c�, r v✓\ i �r�� r`� a o 40,-4 d !L �. M �TC-�'d✓1S '� ^a'� ��' C�.J�' O F-C- wov­r% 0 � r� rne� —rye 243 NARRATIVE RESUME' OF `tj3 U JOHN LEWIS PUFF RECEIVED n 2�gk o Wh Ig 1154 John Lewis Puff was born in Dallas, Texas, grew up ian graduated from Paschal high School. He attended the UrtV egs#y etTA l 14A for one year and then entered the U.S. Army fora three y"f Qe01RO; VORF6C E he attained the rank of Specialist 5 and earned the EIB, attained by less than 10% of those who seek to earn the designation. John returned to Texas and enrolled at Texas Christian University to continue his studies, but was sidetracked by a trip to the alter to marry his high school sweetheart. He went to work for Acme Brick Company as a sales representative and remained with them for eight years at which time he opened Puff Insurance Agency, a multi -line agency representing The Travelers Insurance Company. While inactive, he still maintains his contract with The Travelers, as a courtesy to his many valued clients. John also formed Puff & Associates, a full service real estae firm in 1968, which he sold in 1982. He also sold his insurance agency to a National company the same year. During these years, John also completed two years of college, majoring in Business Law. John was asked to join First American Title Company as Vice Pres. Marketing/Public Relations, where he remained for three years until he was asked to be a candidate for the Texas State Legislature, giving John one of his few defeats. He then became the Development Manager for for multi- million dollarMaster-planned development in West Fort Worth. He then retired to Aspen, Colorado in July 1990.Obtaining his Colorado real estate broker's license, John stayed active in real estate in Aspen, until he came to play golf in La Quinta, CA. He and Dorothy sold their home in Aspen and moved to the desert in 1994, electing to make their new home at PGA West Resort. He became a broker in 1995 and worked out of his home until January 2004, when he joined the Becker & Becker firm. While having interviewed with many firs in the area, John elected to go with Becker & Becker because they most represented the type of fir he operated in Fort Worth, Texas. Business Achievments: GRI - 1973 President GFWA REALTORS - 1977 CRS-1978 Director TAR-1977-1982 Certified Instuctor of Real Estate by TAR-1981 244 Business Achievments: (con't) Life Member Award RPAC TREPAC Trustee -1977 -1982 Chairman TAR Education Committee - two years Served on all major local Board Committees Civic/Charitable: Past Director of Fort Worth Kidney Foundation Board Member of Casa Mariana Member Tarrant County Historical Survey Committee '�', �A e- -r-s John L. PAW 55-300,Tanglewood nta, CA 92253 (760) 413-5486 - cell (760) 771-1965 - home qp6Q' 245 :F TARRANT COUNTY FORT WORTH, TEXAS 76102 R. T. "DICK" ANDERSEN COUNTY COMMISSIONER PRECINCT NO.1 January 27, 1977 ilr. John L. Puff 4240 1westmont Court Fort hJorth, TX 76109 Dear John: This is to thank you for the fine contribution that you made as a member of the Tarrant County Historical Survey Committee. I really appreciate your willingness to have given your time and talents to the citizens of Tarrant County in this manner. If I can ever be of any assistance, please do not hesitate to call on me. Sincerely, R. T. "Dick" Andersen County Commissioner Precinct No. 1 RTA:mk 246 /Von - pra(U6&D bot j RECEIVED 2010 M9Y 21 AM 10 92 Date: 5/21 /2010 CITY OF LA QUI FT4ITY OF LA QUINTA CITY CLERK'S OFAA LICATION TO SERVE ON LA QUINTA HISTORIC PRESERVATION COMMISSION NAME: Peggy Annette Redmon HOME ADDRESS: 77619 Calle Ensenada, La Quinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 7602628840 BUSINESS:.7602628840 EMAIL: peggylaw@dc.rr.com FAX: 7607711446 BUSINESS ADDRESS: same as above IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Self Employed/Attorney LENGTH OF RESIDENCE IN LA QUINTA: Since 6/1999 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes. Current Member Biographical sketch, including education, work experience, civic involvement and other back - around. Please be sure to include experiences relevant to duties of the position you seek. Please see attached. In addition, as a member of the Commission over the past three years, I have actively worked on the historic context statement, the historic homes tour/self guided driving tour, and various development activities brought before the Commission for review. 1 have attended the yearly conferences, and have attended historic preservation events outside of those conferences in other cities, as well as tours of the historic sites through out our City, so as to familiarize myself with them for input during our discussions and actions. I have attended the A81234 Ethics Training to assure compliance with its requirements and restrictions. I have attended many City functions directly related to the interworkings of the Commission and other departments or organizations, such as the Museum. I have poured over and become familiar with the Historic Records Survey, and the buildings and areas involved in that Survey. I believe that these activities as a Commissioner, as well as my other functions outside of the Commission, as noted on the attached, assist in my ability to be an active and vital member of the Commission. 247 APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Please see the above. As a member of the Commission for the past three years, and as the Chairperson for the last year, I have become very familiar with the actual functions of the Commission. Through the attendance at the A81234 Ethics Training, I have become familiar with those requirements, and so am able to be aware of those issues, particularly when attending conferences or other events with other Commissioners. Through these 3 years, I have become much more conversant in the role of the Commission in preserving and protecting the history of La Quinta and the buildings and other historic landmarks therein, and in the ability of the Commission to be involved in bringing that rich history and those wonderful buildings to the attention of "the world" through our website, attendance at NHP conferences, and (soon) our walking/driving brochures and signage. What specific issues or problems face the La Quinta Historic Preservation commission anu do you have any suggestions to address those issues or problems? I remain committed to maintaining the dark sky policy while aware of those who wish to eliminate it - a policy that brings many people to LQ, and thus provides an opportunity for us to show them our unique community, through our buildings and our amenities. As discussed with the Council during our joint meeting on October 27, 2009 we need to work further on pursuing funding sources for our historic preservation projects, including finalization of CLG grant applications, exploring the potential of preparing a Mills Act Ordinance for consideration by the Council for establishing incentives for a private property owner to register his property as a historic resource and thus maintain the historic properties and thwart the "tear it down" mentality. As also discussed at that meeting, we need to obtain funding and support to explore the possibility of submitting a Multiple -Property Application for state registration of many of our community's historic adobe structures. I believe issues may develop regarding signage. And am hopeful of continued support for our conferences! What specific attitudes, skills and/or expertise do you think you have wnlcn wouic ennar uv the work of the La Quinta Historic Preservation Commission? Enthusiasm, perseverance and flexibility are my main attributes and they are vitally needed in this position. It is very important as well to be able to meet and talk to other people about our goals and our community - again a trait that I feel 1 have and exercise regularly. I am a promoter -- and I promote and encourage others to promote - the uniqueness of our City and the importance of its historic amenities. I am aware of the current economic situation, and am grateful to the Council for its ongoing financial support of the Commission and its providing Commission members the opportunities to attend NHP events - and I believe that is alco an attribute to my being on the Commission - NO WHINING is my motto. PI PACZP RFTI IRN THIS APPI ICA CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO. LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Submit Application M Date: �7 — CITY OF LAQUINTA RECEIVED/ APPLICATION TO SERV97 W 19 Pn lLill ON LA QUINTA HISTORIC PRESERVATIOf I, 'L IYS d ICC NAME: IqAe-61110 .) HOMEADDRESS: 77-6/9 Co//e- La- Qu,',,fa TELEPHONE: (HOME) 760 Z&Z—geYO BUSINESS: .SL} /&e F EMAIL: _4ec74G. alri^. CoM FAX: *%&,9 77/-- /y1/(o BUSINESS ADDRESS 77-6/9 FhSe�,a55-41 6,a Qv`, {R IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD A#vrneq LENGTH OF RESIDENCE IN LA QUINTA:Pe?�S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? �J S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant tto� duties of the position you seek. J j� — ryes f Ps'n S'ri'<7-E Un i ✓Zr5%ry s¢cJ.r �{ fed � tJ /t✓c — jq � `j Ccrrnn,an I- Ca'oH S Ca% I r-k-l/e fo17 I' Af /J C'i'e 4H.rQi Gz ,'>lriI'At' � Are- s,'J'lu-ee� �ro�7<i'h„"sf- ilaa cdw AU ,- CC C/v b lksf Ae- C4a�' COrnM nr As.S0Cr'aS I s-6-JJ./e GV or"ah Curreb'�- Aerccbei UESer� Pj�r YtSSOc�a�ron' CRC/Ci/Ctiap�er4 'c..u�tW'n,'<t Ci�sOc%a�ibrn e� (/JMmun.P�iii4�s Qt- `fly eru/Jc o �i (Ayi 7brnid. 249 APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preservation Commission. llti V9 /.2re5ErUer Cy- 4f-0fe �al � S f>r l�i�+ev(y�c ins `c ��n.tzv-iCS citi eve�'r2 , �� iivc leM 9` UnalZrt Fti arse., %o cS2.� S�a ids 1 re<on h-aC-4Q,\ r S4r-114ow 01- %s{ark!L Sd&-S L Au., -- What specific issues or problems face the La Quinta Historic Preservation Commission and do you. have any suggestions to address those issues or problems? /0 Ke eAe� Afar_ /G /� E Igo 4 `ram — / O Zm %royL � L 4 9-- p&- b%Ac Z2- i What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? 60M /`.DYet %�,.r ✓' ? �% - OM � rn i `S %i � k2 S 7'7� �p 2ia.- Lam' I - ��-d- .c orK%i`ce /H 1/ pp � uoTor LJ nn'kn r�r '�1.e� Sr'F'�-- PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 250 P6fe66iW4z1 RECEIVED 2010 MY 21 Aft Q 33 Date: 1j — 1-1- 1 D CITY OF�y� �WILA QUINTA CITY CJ61k1kXfI1& TO SERVE ON - LA QUINTA HISTORIC PRESERVATION COMMISSION NAME: S _ WOI'M-5- HOME ADDRESS: (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) `7(�Or . 100 . `bjZEAISINESS:,:7_1o0 -t1?.) It. Alb BUSINESS ADDRESS: �0 R? I`t"Sr LA Q0)AJM CA n(2247 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: I I ufa:04-cD HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? yF5 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Marv� PA -I J D (Lt� 1 L)PP4 i- c_44- �QIIrr4',o sa ) 60ANW Ie:p 4 jjJOt,u U�I�k1 GP pn�r- e razi YYL �h'1� OAJ -P� I tJ 251 APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta )4A),C- 50A'J000 ®n% ` Cf%//11Y11 J'�13ni !&/Ncc " l C104 i What specific issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? 1010 1�77 2011 . tl�Dra� . What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? ,A-YNJO c-I V gym° CW - PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Submit Application 25 ATTACHMENT 4 Date: r_A�4 24 b RECEIVED CITY OF LA QUINTA APPLICATION TO SERVE 2010 MY 21 Pal 2 10 ON THE LA QUINTA HOUSING COMMISSION CITY OF LA QUINTA CITY CLE 'S OFFICE`,/ NAME: l`C HOME ADDRESS: (Must be be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME)710- 77Ie P16 BUSINESS: EMAIL:_ JO /�Nl �f2u� S �.)tt Ni�.Lyf/EAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD 10 LENGTH OF RESIDENCE IN LA QUINTA:�seuJ Which position are you applying for: Non -tenant Tenant Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 253 APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing l! 1 What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico P. O. Box 1504, La Quinta, CA. 92247 Thank you for your willingness to service your local government. 254 Date: April CITY OF LA QUINTA a APPLICATION TO SERVE ON THE LA QUINTA HOUSING COMMISSION r M NAME: Carole F. Breithaupt o C: M m n o HOME ADDRESS: 53-480 Avenida Rubio, La Quinta, 92253 n (Must be a La Quints resident and eligible to vote in the c*.) o fv TELEPHONE: (HOME). (760) 799-3677 BUSINESS:,`- ---- EMAIL:. caroleb5@aol.com FAX: BUSINESS ADDRESS ------- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: Eleven years Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Graduate of Wilson High School, Long Beach, California. Attended classes related to Real Estate at various Jr. and City Colleges including Long Beach City College. Attained sought after designations including GRI, CRS, SRES, and recipient of California Association of Realtors coveted "Honorary Member for Life". Completed Adult education classes in Indio, California (University of San Diego) obtaining a Business teaching credential in 2008, Jr. College level. American Airline stewardess as well as Seaboard -Western stewardess (MATS) during Korean War. Real state Broker and Salesman for 47 years in California and Washington State. Owned JTM Brokerage, ic., in both Long Beach and Rancho Mirage for almost 25 years. Retired in November, 2009. Past officer of Long Beach Women's Council Chamber of Commerce, Board of Directors of the Long each Board of Realtors, President of Women's Club of the Desert, a member of numerous committees nd associations over the years. A member of Hope Luthern Church in Palm Desert for over 20 years. am a divorced mother of three children and eight grandchildren. I have traveled extensively both s a member of FIABCI, the international Real Estate Association and as a private citizen in both rope and Asia. I have been in 49 of the 50 states (Alaska excluded). recently completed a book, "Legacy of a North Dakota Pioneer" .....147 years in time - 6 generations... is the history of my Scots grandfather, his letters and observations of the first 50 years as a North iakota pioneer (1887) and a small bio on each of his succeeding ancestors for a total count of 60. My ras his only child. APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing have no first-hand, hands-on knowledge what is expected of me. I know housing, the market trends, nd availability especially in the Cove area. What specific issues or problems face the La Quinta Housing Commission and do you have any to aaaress rnose issues of would expect the Commission, only established in 2009, must have specific problems to address icluding handling the numerous foreclosures, upkeep of existing housing, additional low-income (no icome) housing.... What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? My 47 years as a Realtor, business owner for 25 years, my compassion as a mature Senior Citizen. PLEASE RETURN THIS APPLICATION TO: I Submit Application CITY CLERK DEPARTMENT 78-495 Calle Tampico P. O. Box 1504, La Quinta, CA. 92247 Thank y� your willingness to service our local government. i 22 YI�y� ell- 256 Date: 2 May 2010 CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA HOUSING COMMISSION NAME: Dennis G. Byerly HOME ADDRESS: 47120 Via Lorca RECEIVED 2010 MY 4 Pn 1 21 CITY OF LA QUINTA CITY CLERK'S OFFICE (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 760-250-1988 BUSINESS: 760-777-1009 EMAIL:dennis.byerly@inonarchgrp.com FAX: BUSINESS ADDRESS Andalusia IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Property Manager at Andalusia LENGTH OF RESIDENCE IN LA QUINTA: 1 year Which position are you applying for: F-1 Non -tenant Tenant Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I retired from the Army in 1990 as a state department courier. Since retiring I have at worked at various security companies through the position of Regional Vice President. As a key staff member my duties included several controller positions managing budgets in excess of $78 million. 2 Years ago, I starting working in property management and currently work as the manager at Andalusia at Coral Mountain. I have a BS in Management, AA in Administration, have been Board Certified in Security Management. Additional, I have the following certifications. Certified Community Association Manager (CCAM) Certified Protection Professional (ASIS) Member Commercial Real Estate Council (ASIS) ro... 257 APPLICATION, HOUSING COMMISSION PAGE Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. I have reviewed the information available on the internet. What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? Growth demands adequate planning for various levels of housing to support that growth. Developing guidelines now will avoid long term cost. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? I am a facilitator and team builder by nature and would hope those skills would assist in attaining success. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico P. O. Box 1504, La Quinta, CA. 92247 Thank you for your willingness to service your local government. 258 RECEIVED 2010 APR 26 FM 2 5S CITY OF LA QFFICE CIT14A Krk unter CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA HOUSING COMMISSION Date: 26Apr2010 HOME ADDRESS: 51865 Avenida Velasco (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 760 250 1011 BUSINESS:7607705432 EMAIL: corryhunter@verizon.net FAX. 760 770 5448 BUSINESS ADDRESS 73 900 Dinah Shore Dr Ste 209 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Tax Associate LENGTH OF RESIDENCE IN LA QUINTA: 4 yrs Which position are you applying for: I / I Non -tenant =Tenant =Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I am a recent USC grad and Treasurer of La Quinta Rotary looking to get more involved in the community. After leaving the Army at 23 1 was the first in my family to graduate college where I received a bachelors of science degree in accounting. I am much younger then most active members of society and I believe this gives me a unique prospective of the problems faced by people trying to find an affordable place to live in a safe neighborhood, as I had to do when I moved here. A large group effected by this problem are young people who are possibly starting out a family, a category many of my close friends and family members fall into. 1 am currently employed in a local tax preparation office in Palm Desert that deals with small business owners on a daily basis, so I get a good feel of how the economy is effecting people currently. I worked my way through COD and USC so I know how hard it is to get ahead for these people and how crucial it is to find affordable housing. 259 APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. The housing commission is mandated by the state to ensure each city is providing adequate affordable housing. The board reviews statistics and problems and gives advice to the planning commission as how to best plan to provide solutions to current and future concerns. I believe the recommendation is presented in the form of a formal report composed by members of the commission to the planning commission for review. What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? There is never enough affordable housing for everyone and it is hard to get people informed about how to obtain better accommodations. When I was at USC it took me three years to find a good place because I had just moved to LA. After renting a room in a bad area I moved to an apartment that was to far from school until I was able to find a room to rent a block from campus. I found that I was most comfortable in a house converted to a dorm like setting. I had my own room and shared a bathroom with one other person and the house shared a common living room and kitchen. We all paid rent to the owner Mike who ran several properties like this. We had adequate parking and a maid came in once per month to clean the common areas. I think a quick and intelligent way to get affordable housing to the masses is to provide small business loans for people to run similar set ups. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? I am an accountant which means my background gives me an advanced view on what economic impact a decision may have on each side of the issue both for the city and those applying for the service. I understand that if we offer housing at 50 dollars less per month we will get 500 more applicants. As a younger person I know that if we offer dorm style rooms for college age students in the cove, we will not have that much interest as it is far from campus and where young people work. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico Submit AppiiCBtion P. O. Box 1504, La Quinta, CA. 92247 Thank you for your willingness to service your local government. 260 Date: April 21, 2010 RECEIVED 2010 APR 28 AM 11 44 CITY OF LA QUINTA CITY CLERK'S OFFICE NAME: John C Jamison CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA HOUSING COMMISSION HOME ADDRESS: 52221 Avenida Villa (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) (760) 777-0788 BUSINESS:.(951) 453-5020 EMAIL:jjamisonl983@msn.com FAX: BUSINESS ADDRESS 41-945 Boardwalk, Suite T Palm Desert, CA 92211 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, Allied Barton Security Services/ Field Manager LENGTH OF RESIDENCE IN LA QUINTA: Less than one year Which position are you applying for: FI Non -tenant Tenant =Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 1989-2009 United States Navy - Non- Commissioned Officer. Recent Positions Held - Assistant Safety Officer. Responsible for all staff training on current safety issues. Training per OSHA and NAVOSH guidelines. Records and mishap form distribution and maintenance. Personnel safety equipment(PPE) testing, fitting and training. Bachelor Housing Manager - Responsible for the daily operations of 12 buildings, including all maintenance, security, inventory, budget and upkeep. Over 2400 residents. Managed a staff of 38 personnel. Assistant Training Officer/Supply Officer - Responsible for the general and specific military training for all active duty and reserve battalions. Over 5,000 personnel. Managed the order, receipt and stowage of gear and equipment. Aided in the management of an over 4 million dollar inventory. Civic Involvement - Habitat for Humanity. Sailors for Schools program. Special Olympics(Riverside) Adopt a Highway. ,...' 261 APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. Little knowledge of the commission, but a fast learner. What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? As a new resident, I have no suggestions at the moment. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? As a new resident with a background in housing upkeep and development, although military, I feel I would be able to bring a fresh perspective on issues, and functions of the commission. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico Submit Application P. O. Box 1504, La Quinta, CA. 92247 Thank you for your willingness to service your local government. 26? Date: April 22,2010 CITY OF LA QUINTA APPLICATION TO SERVE ON THE o LA QUINTA HOUSING COMMISSION NAME: Teresa L. La Rocca rn o -, rn m HOME ADDRESS: 76-675 Morning Star Court, La Quinta, Calif. 92253 0 3 m (Must be a La Quinta resident and eligible to vote in the Cityg z TELEPHONE: (HOME)_760-345-1607 BUSINESS:_ M n N EMAIL: tlaroccal23@msn.com FAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: 6 years Which position are you applying for: RI/ Non -tenant Tenant Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I have lived in the Coachella Valley for approximately 31 years, having retired from city government six years ago. I have extensive governmental experience having worked for the cities of Riverside, Palm Springs and Palm Desert. I retired as the Director of Housing from the City of Palm Desert in July of 2004. In that capacity I established the Redevelopment Agency's housing authority and was its staff liaison. I was charged with the creation of the city's numerous housing programs and the successful restructure and sale of Desert Rose. My annual housing budget at time of retirement was approximately 10 million dollars per year. I was charged with creating programs to meet the city's RHNA numbers and worked closely with the state on compliance. My entire governmental career has been with Redevelopment. The majority of that time in housing, community work and some commercial development. I am a past board member of the Palm Desert YMCA, Habitat for Humanity and have worked closely with Shelter from the Storm. I have been recognized by numerous local civic organizations for my work in the area of housing. The City of Palm Desert dedicated "La Rocca Villas," a newly constructed senior citizen housing complex in 2007 in my honor. Needless to say, I was very honored by the Council's action and proud to be associated with this project. Creating and making affordable housing available to those less fortunate has always been a passion of mine, and I have been blessed with the opportunity to make the impossible, possible for many families. 263 APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. La Quinta, like all cities in California, is required to produce affordable housing as a result of receiving redevelopment funds. A percentage of which is dedicated toward the creation of affordable housing. Production of that housing can be accomplished in numerous ways, including but not limited to new construction, and acquisition/rehabilitation of single or multi -family housing. The state establishes income targets for participating families: very low, low and moderate being the primary target group. A Housing Commission is typically established as an advisory body to the Housing Authority in order to provide input and make recommendations on all affordable housing matters within the City. What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? I believe that the most challenging issue for most cities within the valley is the lack of available affordable buildable land required to meet the suggested state RHNA production quotas. As a result, cities have to become creative in developing programs that will both compliment the city makeup and meet the needs of lower income households. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? My entire career has been in city government, specifically in the area of redevelopment and housing. I bring hands-on experience having taken the City of Palm Desert Housing Program to one of the most successful in the County. I helped create over 800 units of affordable housing during my tenure with Palm Desert. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico Submit Application 1 P. O. Box 1504, La Quinta, CA, 92247 Thank you for your willingness to service your local government. 264 Date: May 21, 2010 CITY OF LA QUINTA RECEIVED APPLICATION TO SERVE ON THE 2010 MY 21 Pal 1 34 LA QUINTA HOUSING COMMISSION CITY OF LA QUINTA CITY CLERK'S OFFICE NAME: Sue Marie Leidner HOME ADDRESS: 56-498 Palms Drive, La Quinta, California 922.53 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME)_760564.4427 _ BUSINF_SS:760,989.8120 EMAIL: Sue@SueMarieLeidner.cwm FAX; 760.989,8120 BUSINESS ADDRESS 564198 Palms Drive, La Quints, California 92253 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD. NIA. I am a self-employed REALTOR with an affiliation to HK Lane Real Estate in Old Town La Quints. LENGTH OF RESIDENCE IN LA QUINTA: ,January 2004 to present. Which position are you applying for. __ Nor tenant Tenant Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. My education consists of several State licenses; i.e., Certified Shorthand Reporter & REALTOR. I have several hundred college units in procuring these licenses & from my early college days, but no specific college degree. I chose instead to be a stay-at-home mother in those early days, something which I have never regretted & something which my husband & I could afford to do back then. I realize that those days are few & far between in present times. 1 am currently a self-employed REALTOR with an affiliation to HK Lane Real Estate in Old Town La Quinta; I have been licensed since 2002. Before that, I was a court reporter for 25 years with court experience In death penalty criminal trials & juvenile court. Later I reported medical malpractice depositions. My experience in the legal arena has been an education in itself. My civic involvement includes having taught ESL Gasses at my church in Pasadena; helping victims of domestic abuse file restraining orders against their perpetrators & helping with finding them solutions to their housing dilemma & volunteering at animal rescue facilities. Perhaps the most relevant circumstance to the position for which I am applying is the fact that I found myself, decades ago, needing to avail myself of low-income housing. It was a time that lives with me still & I was thankful for the opportunity which presented itself so that my family could have a roof over our heads when we needed it I completely understand the mind sets of those families who have experienced the loss of a job or something which has forced them to need the availability of low-income housing. Fortunately, with the help of the Federal Housing Authority (where I lived then) my family & I were able to pay the minimum amount of rent, thereby allowing us to procure jobs and/or go back to school so that we could save for "The American Dream" -- buying our first home. With the economy the way it is now. I think most families have given up hope of ever buying a home. However, with the opportunity of low-income housing provided by the La Quinta Housing Commission, they can be provided with a low-cost & safe environment for themselves & their families. Wolff Waters & Vista Dunes are stellar examples of a forward thinking city. 265 APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. Since this is a new Commission, I only understand what I have read with respect to the functions, regulations & procedures of the La Quinta Housing Commission; i,e., Ordinance No. 474 & 2.06,020, its general rules regarding appointments, terms & vacancies. If appointed, I will abide by its rules, serve with Integrity & consistently provide intelligent input, along with a common sense approach & a "team -player" philosophy. What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? Since the La Quints Housing Commission will be a new commission, the Commission itself has no existing issues or problems. However, with that said, I can certainly surmise that the issue and/or problems would be the same as with any other housing commission in the state or country. In this trying economy there has to be a balance between the limitation of funds available to cities & counties through the state and/or federal government & the needs of families whose housing options have been compromised either through the loss of a home, the loss of a job, unexpected medical expenses and/or a host of conditions which require their reliance on low-income housing. The City of La Quinta has done an outstanding job with the two low-income housing communities it has built along with the help of the County of Riverside, several lenders & of course the Coachella Valley Housing Coalition. In fact, Vista Dunes, which opened two years ago was, I believe, the first LEER -Certified community in the country. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? first of all, I am a person who believes in the rights & privileges provided by this great country & state to its citizens. We are indeed a blessed society. However. I realize that, for myriad reasons, some people are less fortunate than others. I understand & am able to work through the issues faced by this segment of our society. I believe that most everybody wants the same things: Good family/faith relationships, healthy bodies, good food & a roof over their heads. I am a team player & believe that my diplomacy & listening skills are superb. For my whole life I have tried to look at every side of every issue that faced me and/or others. I have empathy for those who have been less fortunate, as I was in the early years of my adult fife. By having lived in a "housing project' myself & having been a landlord myself for 16 years, I believe I have the skill sets to not only put myself in the position of those who need low-income housing but at the same time still being able to see the issue from the position of the landlord; i,e., the City of La Quinta. I look forward to being able to apply my life skills & abilities to this very important new commission. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico Submit Applicafiion P. O. Box 1504, La Quinta, CA. 92247 Thank you for your willingness to service your local government. �. 266 Date: —/0 CITY OF LA QUINTA APPLICATION TO SERVE co w ON THE o � a- LA QUINTA HOUSING COMMISSION Ln z ,_ p = o NAIVE ?Z ,�V Z D G orV�01V %9' 8Z7 egST/GC uJ 9 ez '47sBll,Py c11.1e, L,9 QU�iVT.4 C'A 92QS� HOMAD13i2E�S: i E (�l ;t be a La Quinta esident and eli " /e to vote in the City.) TELEPH09: (HONct)(14/)� -�3i/- e9Z 8 7 BUSINESS: EMAIL: Q (O✓IJOvl (o �IaVI00.0-o M FAX:_ BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD CIOI//VTY O/" 01QFJNG(5, 7;?WlG_5- G�O/L1/L!/TT�E LENGTH OF RESIDENCE IN LA QUINTA: S /1110N7?41s Which position are you applying for: Non -tenant __Tenant Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. �Od�iQ) 267 APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. APE!//EW kiPECOrN/e6N oN /� 7TE�PS f �.P7A/N/N�' T"o T/Vf- f10(/S/iVG �7UTiyo�/7Y �'oNG�.PN/NG What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? CONsi/GTiiVG� /�1>t�/s/�//G' E/�U`/NEC-Jib ec TO AIVAI, YZE /TS PVR/�oscs� PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico P. O. Box 1504, La Quinta, CA. 92247 Thank you for your willingness to service your local government. 1. 268 Resume Gerald London 9482 Asbury Circle & Westminster, Ca 92683 (714)531-0687 gjondon@yahoo.com 79827 Castille Drive La Quinta, Ca 92253 Goal: To be of service to the City of La Quinta Public Service —13 Yrs. Orange County Regional Recreational Trails Advisory Committee Orange County Airport Arts Commission - Chairman Westminster Cultural Arts Commission — Chairman Westminster Traffic Commission — Chairman Westminster Community Advisory Group- Vice Chair. Westminster Historical Society & TBE Board Defense Engineering — 35 Yrs. Consultant Engineer on Star Wars "SDP'— Rockwell "Mr Intercontinental Ballistic Missile — Northrop Early Warning System — Brunswick Defense Engineering Designer — Hughes Aircraft Culver City Military Communications Satellite "HS350-F6" & "AHH-64" Apache Advance Attack Helicopter, Trident Submarine, Boeing 747 Aircraft Also Designed Mickey Mouse Telephone — Bell Western Elect. Education: City College of New York Christopher Columbus H.S. Personal: Married 43 Yrs. 3 Adult Children & 9 Grandkids Hobbies — Photography, Art, Going to Theatre, Outdoor Activities & Traveling i 269 Date: May 15, 2010 CITY OF LA QUINTA RECEIVED APPLICATION TO SERVE ON THE 2010 MRY 18 PM 1 43 LA QUINTA HOUSING COMMISMI F LA QUINTA CITY CLERK'S OFFICE NAME: Sean M. Swinford HOME ADDRESS: 44645 Verbena Dr., La Quinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) (734) 755-3296 BUSINESS: (760) 779-1790 EMAIL: sswinford@jagibbs.com FAQ(; (760) 779-1780 BUSINESS ADDRESS 74900 Highway 111, Suite 222, Indian Wells, CA 92210 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Joseph A. Gibbs & Associates; Attorney LENGTH OF RESIDENCE IN LA QUINTA�5 years Which position are you applying for: I' I Non -tenant —E[Tenant =Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I have lived in La Quinta for just over five years, initially sharing in the rental of a home, and currently as a homeowner in the Cactus Flower subdivision near La Quinta High School. I grew up in central Ohio, and received a B.A. in Criminology from the Ohio State University. After working in the insurance industry and as a security officer at nuclear power plant for a few years, I attended the University of Toledo College of Law and received my J.D. I am currently employed by Joseph A. Gibbs & Associates, where I practice law in the areas of business, commercial, real estate, and general civil litigation. My professional profile may be viewed at www.jagibbs.com. I previously worked at a different firm in Palm Springs, primarily doing insurance defense litigation. My prior civic involvement is minimal, but I plan to live in La Quinta for a long time and would like to begin getting involved and giving something to the community. APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. The Housing Commission is a newly -established body consisting of five members. The Housing Commission's primary functions are to review and make recommendations on all matters that come before the Housing Authority prior to Housing Authority action, except emergency matters and matters which the Housing Commission, by resolution, excludes from Housing Commission review. Although not affirmatively informed on the issue, I assume that the procedures governing the Housing Commission will be akin to those of other La Quinta Commissions. 1 have previously attended several Planning Commission meetings. What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? Given that the Housing Commission is a newly -established body, the specific problems and issues that require its attention are likely to take shape during the first few months of operation. However, given the nature of the current economic climate, it may be anticipated that the Housing Authority will be charged with helping to make difficult financial decisions in the foreseeable future. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? I believe that being an attorney causes me to have a logical approach to problem -solving, as well as a questioning attitude when confronted with information that is presented as fact. I also realize that decisions are rarely made in a vacuum, and that it is often necessary to consider the emotional aspects of a particular situation to achieve the most just result. On a personal level, I have lived in many different types of housing in different places, running the gamut from single family homes to low-income multi -unit dwellings. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico I Submit Application P. O. Box 1504, La Quinta, CA. 92247-- Thank you for your willingness to service your local government. 271 Date: April 29, 2010 CITY OF LA QUINTA APPLICATION TO SERVE RECEIVED ON THE t(� WR 30 Pal 12 01 LA QUINTA HOUSING COMMM-31b NAME: Kay Wolff (Marion Kay Wolff) CITY OF LA QUINTA CITY CLERK'S OFFICE HOME ADDRESS: 77-227 Calle Ensenada (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME).760-564-4070 BUSINESS:. EMAIL: kaywolff@msn.com FAX: 760-564-5156 BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Retired LENGTH OF RESIDENCE IN LA QUINTA: Thirty years Which position are you applying for: 171 Non -tenant —E[Tenant =Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I have a B.S,Masters Degree (school administration), and a California lifetime teaching certificate. I worked in education most of my life and have been involved in La Quinta city affairs and volunteerism for thirty years. I have served on a few commissions (Art in Public Places, Human Services, Community Services and am currently a member of the Building Appeals Board. I've been a bureaucrat most of my life and been responsible for oversight of state and federal educational programs. I have worked during the initiation of new organizations (Arts Foundation, Art in Public Places, reorganization of commissions, etc.). I have worked with parent advisory groups at the school, district and county education levels. I am bilingual (English -Spanish) and have worked for years with low income students and families. I am committed to continuing La Quinta's excellent reputation as a diversity -friendly community, where workers can live close to their work, and participate in and enjoy the benefits of this great city. 272 APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. I believe that this commission serve as a link between the community/residents/tenants of the city -owned or operated housing. We will serve at the pleasure of the Council and our activities will be closely monitored by council members, especially at first. We will depend on the expertise of staff members who best know the requirements of the commission. While there will probably be some instances when commissioners would have some authority, any appeals by tenants or residents would go straight to Council. Specific functions, regulations and procedures are yet to be determined in drafts by the new commissioners and eventual approval by Council. See below. What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? Being a new commission, I expect that the first order of business will be to familiarize members with the state/county regulations governing this commission. Reviewing the regs and procedures of other similar size and/or Coachella Valley commissions (if they already exist) would save time in the framing of our own policies. Setting up objective criteria and fair processes for review of applicants or appeals would be important. Meeting with or interviewing staff or commissioners from other cities might be useful. CVAG or California Association of Cities probably has helpful literature and/or training programs. Maintaining full occupancy of city -owned properties will be important, therefore this commission should not stand in the way of progress, but to facilitate smooth -running properties and fairness to tenants. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? I have lived here a long time and believe I have a sense of the chain of command (staff - commissions - council). I understand that a certain autonomy will be granted by Council and there will be specific and crucial duties of staff. I sympathize with the plight of low-income families but know there are limits to what's possible. I know bureaucracies in general and procedures that must regulate programs. Reading, writing and implementing government regulations was my profession. My bilingual abilities might be helpful. I'm old and patient, but know that programs must move along with deliberate speed to keep the paperwork and the projects current and responsive to the community and tenants and applicants. I live in La Quinta year round, and am available for lots of work. I'm motivated concerning the Housing Authority and the opportunities it offers to working families. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico Subnnitll:J pOjication P. O. Box 1504, La Quinta, CA. 92247 Thank you for your willingness to service your local government. 273 �i1GvYl. Date: CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA HOUSING COMMISSION l7k _ TARl RECEIVED 2010MY21 PM12`I1 CITY OF LA QUINTA CITY CLERK'S OFFICE HOME ADDRESS: 5 4'� a S 6 •'sue a %)ral4 /' of L' , 4 c-` " %22"; 3 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) !j��+/ - a �1,� BUSINESS: EMAIL: nj A —A C I'L-7c, . c, -^ FACE:_ __RUSINESS-ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: AQpjex 4' Which position are you applying for: Non -tenant _Tenant Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. CJG)O'J c 4x m.�. Cell H d a cjv, A C rie ,mod C 274 APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. C,� G-u Qoa-y .4 x Y-1a� What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? Ile- ryA ; ic./a ae et4/0.,e �� LJ�4P. �1MP. io/ Tvoti� 4?c��ce h,� .(.�/%T rPC- What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? C q fy-,uf PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico P. O. Box 1504, La Quinta, CA. 92247 Thank you for your willingness to service your local government. 275 T- Date: S ` M_ ,U CITY OF LA QUINTA RECEIVE#.PPLICATION TO SERVE 2010 �iRY 1 ON THE �A�UWA HOUSING COMMISSION CITY OF LA QUINTA NAME: F �I�iICcT C>�C�C HOME ADDRESS:55541 A)L YIjJ MarfiClP7 W 11 i i'1 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 7(00) 510q— CA 169 BUSINESSJ(00) qj Z- 00(o(_ BUSINESS ADDRESS 555LI I %�cV�I�a �" �Qr�l �(�Z Uck QUA nia q IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD -TO �Cr (lC (i S / % _ . \ _ _ ., _ _ r\ LENGTH OF RESIDENCE IN LA QUINTA: �J Y r5 YYr as, Which position are you applying for: Non -tenant ✓ Tenant Tenant age 62 + Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 1 176 APPLICATION, HOUSING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing Commission. What specific issues or problems face the La Quinta Housing Commission and do you have any suggestions to address those issues or problems? �__�• �� " •1]Ura_ �► 11 r • E i1 • What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Housing Commission? IF PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 Calle Tampico P. O. Box 1504, La Quinta, CA. 92247 Thank you for your willingness to service your local government. � ATTACHMENTS Date:, RECEIVED CITY OF LA QUINTA 2010 MY 21 An 11 *PLICATION TO SERVE CITY OF LA QUINTA ON THE CITY C,LL ACQIOI ITA INVESTMENT ADVISORY BOARD ►_►�g01 HOME ADDRESS: ` 7// Z4� wolv,5 y/ce, (Must be 6 La Quinta resident and eligible to vote in the City.) /_- TELEPHONE: (HOME) Z-//- - I JA-2& =nnu- NEFAX:-iD--7%-7r�/�� BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU LENGTH OF RESIDENCE IN LA QUINTA: �� HAVE YOU EVER ATTENDE//D�� A MEETING OF THIS BOARD? �% Biographical sketch, including educatiorlc experience, civic inv'olverdent grid other back- ground. Please be sure to include experiences relevant to duties of the position you seek. wras APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Adviso Board. , ) - ---?_„ !I. _�.,z\ What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? n What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? PLEASE RETURN THIS APPLICA t1UN I U: CITY CLERK DEPARTMENT 78495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Office Use Only. Background of Date: May 18, 2010 RECEIVED 2010 MRY 18 Ply 3 54 CITY OF LA QUINTA CITY OF LA QUINTA APPLICATION TO SERVE CITY CLEPK'S ON THE LA 6610A INVESTMENT ADVISORY BOARD NAME: Andrea C. Spirtos HOME ADDRESS: 53-415 Avenida Obregon, La Quinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) (760) 564-2100 BUSINESS: (760) 341-9200 EMAIL:acspirtos@dc.rr.com FAX: (760) 564-2100 BUSINESS ADDRESS: 74-333 Highway 111, Suite 105, Palm Desert, CA 92260 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Law Offices of B. Palmer Riedel, Inc./Paralegal LENGTH OF RESIDENCE IN LA QUINTA: 17 years HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD?.Yes Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. see attached resume and cover letter. 280 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment with any Board or Commission, the primary function of the Investment Advisory Board (IAB) is one of advisory to uncil, Specifically the IAB reviews annually the city's investment policy and recommends changes; reviews the treasury ort and notes compliance with prudent investment policy ascertaining the adequate of cash for investments; receives t considers reports provided by the city treasurer; meets with the independent auditor after completion of the annual lit of the city's financial statements and receives and considers the auditor's comments regarding auditing procedures, :rnal controls and findings; and serves as a resource for the city treasurer on matters such as proposed investment, imal controls, use of change of financial institutions, brokers and dealers. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any to aaaress nose Issues or promems r is the investment policy of the City of La Quinta to deposit and invest public funds in a manner that provides for the safety the principal; liquidity to meet all of the City's obligations and requirements that may be reasonably anticipated; and a >k-based market of return in which the return on investment is less important than the safety and liquidity objectives. The ity's policy is a shining example of the tenants of the Uniform Prudent Investor Act. Few, if any city in the Coachella Valley as faired as well in these economic times. The challenge is to maintain that policy even through wide sweeping demands i our resources imposed by the State of California. It is the unreasonable demand that presents the problem. In addition e growth of the City requires investment in infrastructure and services which must be met to maintain the quality of life we residents of La Quinta enjoy. Constant vigilance, a cognition of current trends in the marketplace and global economies id continued adherence to sound economic practices is absolutely required to face these issues. What specific attitudes, skills and/or expertise do you think you have which would enhance the worK or the La Quinta Investment Advisory Board? I have an inquisitive mind and believe that since my educational background is not strictly as a CPA or MBA that I might be able to offer a fresh set of eyes. My work with both the Internal Revenue Service and the PBGS while serving as Vice President of Compensation Strategies provided me the opportunity to determine the precise language required in drafting enabling legislation while keenly being aware of economic ramifications. My position as President of Comprehensive Office Systems Technologies (C.O.S.T.) proved to be an invaluable experience and training in stock options and derivatives. As a Cultural Arts and Community Services Commissioner, I have gained a tremendous appreciation for the staff at the City of La Quinta and have proven my commitment to the City and ability to work with commissions and boards. PLEASE RETURN THIS APPLICATION TO: f) CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA Submit Application P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Office Use Only: Background A—wDRE.A c SPIRTO.S 53-415 Avenida Obregon La Quinta, CA 92253-3438 Telephone and Facsimile: (760) 564-2100 Email: acspirtosn—de.rr.com May 18, 2010 Dear Honorable Mayor and esteemed City Council I present my application and resume to you for your consideration of appointment to the Investment Advisory Board (IAB) for the City of La Quinta. It is my ardent hope that as you review these materials you consider that although not every resident has a background in economics or has been trained as a CPA or an MBA that they nevertheless are certainly affected by the decisions of the IAB. Just as you as Council members must be able to understand the financial position of the City, so do I have that desire to better understand it. Highlighting a portion of my resume may be of assistance to you. For many years I served on advisory councils during the height of the arbitrage days and was privileged to be one of the prosecutors during the Lincoln Savings and Loan debacles. To so serve, I necessarily had to be become conversant in the terminology and gain an understanding of the savings and loan industry. My contribution to the process was to keenly articulate logic flaws. I have an inquisitive mind. As President of C.O.S.T., I negotiated with IBM on the purchase of my company that had as customers the State of Alaska, Bechtel Corporation, Arm and Hammer Company, Occidental Petroleum and the University of California, Los Angeles. This was a crash course in stock acquisition and stock options. In my position as Vice President of Compensation Strategies, I worked with actuaries in drafting legislation required to enact the 1986 Tax Reform Act while at the same time developing a retirement plan for the Island of Palau which had become an independent nation. I have attended several meetings of the IAB and have read and reviewed the Investment Policy both for FY 2009-10 as well as the draft for FY 2010-11. While an appointment to the IAB may be a bit of a stretch for me, it is one in which I feel I could contribute to the City and would certain welcome the opportunity. Thank you for your consideration. Most sincerely, i�2��OG.C"LZI� Andrea (Audi) Spirtos 1 282 ANDREA C. SPIRTOS 53-415 Avenida Obregon La Quinta, CA 92253-3438 Telephone and Facsimile: (760) 564-2100 Email: acspirtos(a7dc.rr.com EMPLOYMENT: Legal Paralegal/Legal Secretary B. Palmer Riedel, Inc. 2009 - present Richard H. Hart, PC 2008 - 2009 Legal Secretary Anderholt & Turner LLP 2006-2008 Walter Clark Legal Group 2006 Litigation Paralegal Best Best & Krieger, LLP 2004-2006 Law Clerk William S. Bonnheim, PLC 2004 Martin C. Brhel, Jr., APLC 2002-2004 Office Manager/Legal Assistant Law Office of Nicholas G. Spirtos 1982-2002 Nonnrofit/Educafion Transcriber/Researcher National Academy of Sciences 2008 - present Development Director Junipero Serra High School 1987-1988 Co -Founder — 501 (c)(3) Pacific MS Research Foundation 1982-1997 Director of Youth Services American Heart Association 1980-1982 Director United Way 1979-1980 Donor Services Shelter Services Youth Consultant American Red Cross 1977-1979 Developed YDAT Guidance Counselor UCLA 1974-1977 Developed VITA Counselor/Teacher Kennedy High School 1973-1974 Business Account Representative Metropolitan Life 1996-1997 Vice President Compensation Strategies 1988 President C.O.S.T. 1982 Other Care Giver State of California 2000-2002 Developer Point Mugu Naval Base 1988 VOLUNTEER: La Quinta Museum 2009 — present Indian Wells Chamber of Commerce 2009 - present v... 283 EDUCATION: Ed.D, abd Pepperdine University 1993 Institutional Management/Department of Education and Psychology Loyola Law School 1979-1983 MA University of Iowa 1974 Guidance Counseling BA University of Dubuque 1973 Psychology Education PUBLICATIONS: "Charity Check," weekly column in "The Desert Sun," a Gannet Publication 1997 "Cutting Edge Technologies in Community Colleges," monograph, CACJ 1988 "International Platform Association Poetry Anthology" 1992 - 1995 "Not In My Wildest Dreams" 1994 CREDENTIALS AND LICENSES: California Life/Health Insurance License 1996 California Pupil Personnel Services California Rape Crises Counselor 1995 California Teaching, grades 9 through 14 Lifetime Teaching, Illinois, Iowa, Wisconsin, grades 9 through 14 Notary, California 1995-present PROFESSIONAL ORGANIZATIONS: Gettysburg Foundation, Founding Member International Platform Association 1990-present; Governor 1994-2002 La Quinta Community Services Commissioner 2006 — present Chair 2009 — present La Quinta Cultural Arts Commissioner 2003-2005 La Quinta Historical Society, Board Member 2009 National League of American Pen Women 1996-2004 Natural Preservation Committee 1996 — present Smithsonian, Contributing Member 1998 — present Presidents Reagan and Bush Education Council -2- �.. - 284 RECEIVED 2010 FIRY 7 PM 9 22 CITY OF LA QUINTA APPLICATIO14 TO SERVE ON THE ATTACHMENT 6 LA QUINTA PLANNING COMMISSION CITYIW-ff:t 08dt -Byd Alderson CITY CLERK'S OFF ccEE 110MEADDRaSS: 81920 Golden Star Way. LaOuinta (lifust be a Le Quints resident and eligible to vote in the Cit}r.) TELEPHONE:(HOME) 760-564-6252 BUSINESS: 760-861-9541 EMAIL: BetNEd@A0L.00M FAK: N/A BUSINESS ADDRESS N/A IF EMPLOYED, LIST YOUR EMPLOYER AND POSITIONS) YOU HOLD RPt. i rPri LENGTH OF RESIDENCE IN LA QUINTA: 10 Years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Y E S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Grades 1-12 Oranoe Countv/ 4 Years r.n_n. Palm nPSPrt Construction Mngr/Developer - Retired Current Board Member Coachella Valley Rescue Mission Past President. Board of Directors. Foundation for the Retarded Past HOA Board Member President, Point Happy FstatPs Past Member HOA Board. Palm Royale Country Club I have found that being familiar with plans. designs and code requirements are strong working tools in performing my current duties on the commission. APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, ,arid. procedures of the La Quinta Planning Commission. in my ten years on the commission I have had the priviledge of having to deal with numerous functions which require being familiar with regulation and procedures unique to the City of La Quinta: What specific. issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? Lack of development and economics have slowed our city development drastically. We should (as a city) continue to be proactive in our development and new construction efforts. Putting our workforce back to_work should be of utmost importance. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? d on my record here. I want to be part of the resurgence when our city starts moving forward again. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-4S5 CALLE TAh/PICO, LA QUINTA i,n"a 1, k- P. O. BOX 1504, LA QUINT& CA. P2247 THAIVIt YOU FOR YOUR V✓ILLIAIGIVESS TO SERVE YOUR LOCAL GOVERIV10Elff ,,. 286 Date: May 20, 2010 n3 0 C';` o CITY OF LA QUINTA { APPLICATION TO SERVE rri o ON THE x D LA QUINTA PLANNING COMMISSION Cn p 3 -Tn Z N — � NAME: Katie Barrows m v �ca. HOME ADDRESS: 53298 Avenida Montezuma, La Quinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME). (760) 564-2413 BUSINESS: (760) 217-0121 cell EMAIL: kate.cnb@ve6zon.net FAX: (760) 340-5949 (work) BUSINESS ADDRESS 73710 Fred Waring Drive, Suite 200 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Coachella Valley Association of Governments (CVAG) - Director of Environmental Resources LENGTH OF RESIDENCE IN LA QUINTA: 24 years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? yes Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. moved to La Quinta in 1986 and have owned a home in the Cove since then. I have a strong commitment to a Quinta. I attended U.C. Davis (B.S., Wildlife Biology) and did graduate work at Humboldt State University 3iology). My career has been in the environment and conservation Feld. I have a working knowledge of lanning concepts, CEQA, and federal/state/local regulations related to planning. I work in local government o am very familiar with the regional planning issues in the Coachella Valley. I have a particular interest in ails, open space, and environmental issues related to our community. I have been actively involved in trails Tanning with various local trails groups for many years. Over the past several years, i have worked closely Pith city staff on trails issues. I am a member of the Stewards of the Fred Wolff Bear Creek Nature Preserve nd continue to work with the city on this wonderful community open space. I also have an extensive ackground in resource conservation related to recycling of solid waste, water conservation and energy am active with the Friends of the Desert Mountains, Desert Horticultural Society and the Cove Neighborl ,ssociation. I was previously on the La Quinta Planning Commission from 1991 to 1996, serving as chair om 1992 to 1994. 1 was appointed to the Planning Commission in 2006 and have been a member since ien; I currently serve as Vice -chair. rn c-) rn rn 0 1'.. L 4 1 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning I as currently a member so am very familiar with the policies and procedures of the La Quinta Planning Commission. The Planning Commission is responsible for ensuring that proposed projects are consistent with the La Quinta General Plan, zoning code and other city ordinances and regulations. The Planning Commission receives input from the Architecture and Landscaping Review Committee. The Commission serves as a recommending body to the City Council. The Planning Commission provides input on whether projects meet community standards. The Commission participates in the General Plan update and updates of planning -related codes and ordinances. The Commission meets twice a month and occasionally holds joint meetings with the City Council. What specific issues or problems face the La Quinta Planning Commission and do you have any to aaaress tnose Issues or am very interested in participating in the update of the La Quinta General Plan. In particular I want to work with the city to ntegrate opportunities for smart growth, walkable communities and environmental sustainability into the General Plan. As ar as specific issues or challenges, I think we need to plan and grow carefully so we can reduce traffic impacts, maintain )ur air quality and the high quality of life in La Quinta. We need to look at opportunities for mixed use development and :ncouraging walking/bicycling. The city has a good network of sidewalks and bikeways but this can be improved. In areas cuch as the downtown, higher density development can be successfully implemented; we should explore other areas where igher density could work. The growth of the City into areas such as Vista Santa Rosa presents a challenge in balancing he rural character of these areas with inevitable demand for growth. What specific attitudes, skills and/or expertise do you think you have which woula ennance the work or the La Quinta Planning commission? I am a good listener. I am a team player and work to build consensus on issues that come before the Planning Commission. I love La Quinta and want to contribute to my community. I have a strong planning background with specific expertise in environmental issues including water efficient landscaping, water conservation, energy efficient design, and principles of sustainable development. I believe strongly in making sure that residents and project applicants are comfortable in expressing their views before the Planning Commission. I want to see our City continue to develop as a community with a small town atmosphere, lots of open space, strong and sustainable development, and forward looking planning. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Submit �pplicatron; KATIE BARROWS RECEIVED 2010 MnY 21 AM Q 09 CITY OF LA QUINTA CITY CLERK'S OFFICE May 21, 20'10 Members of the City Council City of La Quinta 78-496 Calle Tampico La Quinta, CA 92253 RE: Planning Commission application Honorable Mayor and Members of the City Council: Enclosed please find my application to serve on the La Quinta Planning Commission. I have been a resident of La Quinta since 1986. I have appreciated the opportunity to serve on the Planning Commission since I was appointed in March of 2006. 1 would like to continue to serve on the Planning Commission and appreciate your consideration of my application. I look forward with enthusiasm to the opportunity to work with city staff, the City Council., other members of the Planning Commission, residents, members of the business community and others to ensure we maintain the character and quality of life in La Quinta. I would like to participate in the upcoming General Plan update and think I have knowledge and expertise to contribute to this process. I believe La Quinta can grow in a way that is economically sustainable, honors our past and is forward looking in terms of quality of life concerns. I look forward to the opportunity to be interviewed for this position. Thank you for your consideration. Sincerely, nn�/ Katie Barrows 53298 AVENIDA MONTEZUMA • LA QUINTA, CALIFORNIA • 92253-3404 PHONE: 760 564-2413 • EMAIL: KATE.CNB@VERIZON.NET 289 Date: May 3,2010 CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA PLANNING COMMISSION � a NAME: Frank P. Blum o -` mT rn HOME ADDRESS: 47840 Via Livorno, LaQuinta, CA 92253 n rn (Must be a La Quinta resident and eligible to vote in the Ghy,� m TELEPHONE: (HOME) 760-564-2410 BUSINESS: 760-701-9146 N EMAIL: fblum(d)dc.rr.com FAX: 760-564-4559 rn BUSINESS ADDRESS: 78000 Fred Waring, Palm Desert, Suite 200, CA 92211 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD. Senior Vice President, Coldwell Banker Commercial, Lyle & Associates LENGTH OF RESIDENCE IN LA QUINTA: Six Years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes, on numerous occasions _ Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Please see attached Resume «.... :90 FRANK P. BLUM 47840 Via Livorno La Quinta, CA 92253 760-701-9146 EDUCATION: Bachelor of Arts Degree in Economics, California State University, Long Beach Frank Blum has twenty-five years experience in banking, equity and debt financing, land acquisition, entitlement, construction, marketing, project management; development of multi family, commercial, single- family housing and real estate sales & acquisition. Skilled in conducting feasibility studies, cost break down analysis, ROI, and budget analysis. Experienced in property acquisition, land acquisition and entitlement, including presentations before planning commissions and city councils for entitlements. EMPLOYMENT: June 2004 Present COLDWELL BANKER. Relocated to the Coachella Valley and joined Coldwell Banker Commercial. Represent buyers and sellers, landlords & tenants for commercial property, apartments, raw land and subdivisions in development, sales and leasing. 2002 to 2004 REXFORD CAPITAL/George Smith Partners. Broker private and institutional equity to builders & developers in Southern California. Focus was to builders that build between 25 and 500 homes, Condominiums or Town homes per year. 2001 to 2002 GRANITE INVESTMENT GROUP. Director Capital Formation. Responsible for underwriting projects and raising equity and mezzanine financing for this $700,000,000 apartment house owner, including the financial modeling. The company acquires and repositions 100 to 500 unit multifamily apartment buildings in the western states. The emphasis was to establish relationships with Wall Street and Pension Fund equity sources. 1998 to 2001 WASHINGTON MUTUAL BANK. Manager Inland Empire construction lending division. Responsible for opening and developing the Riverside county region (including the Coachella Valley) to medium and large privately owned builders and developers. Duties included origination; underwriting and loan management. Reporting included monthly and quarterly status, financial stability and completition probability. Conducted and supervised the valuation, due diligence, financial modeling, and capital structure analysis. Project financing included land acquisition, development and construction. This division had the responsibility of developing $150,000,000 annually. 1972 to 1999 B.E. DEVELOPMENT/ REXFORD CAPITAL. Owner. Developer. Responsible for development of multi -family, high end single-family detached housing, and commercial projects. Financial responsibilities included raising equity capital from high net worth individuals. The duties included land acquisition, entitlement, financing, bidding and managing all phases of the project from acquisition through construction and sale, including presentations before planning commissions and city councils for approvals. Projects include acquisition, renovation, financing and sale of multi-ftnnily units, a commercial strip center in Long Beach, a PUD in the city of Orange and the construction and sale of waterfront homes in the Naples area of Long Beach and Huntington Harbor, Huntington Beach (price range $800,000 to $3,000,000). BUSINESS AND CIVIC ACTIVITIES IID Board member Energy Consumer Advisory Commission. (ECAC) LaQuinta Rotary, President'09-'10, Treasurer '06/ '07, Secretary'07/'08. LaQuinta Chamber of Commerce member Board of Directors Board of Directors, Boys Scouts of America, Long Beach Past -President Bixby Hills Community Association. Past -President, Presidents Associates, CSULB. Past -President, CSULB Athletic Foundation. Past -Vice President Long Beach Rotary. Board of Directors Long Beach Community Hospital Board of Directors, Membership Chairman, Long Beach Grand Prix. Board of Directors, Long Beach City College Foundation, Chairman ,Audit Committee. Member, International Council of Shopping Centers. Past Member, Building Industry Association, National & Southern California. Past Member, Mortgage Bankers Association. DEVELOPMENT PROJECTS Long Beach, Belmont Heights. Acquired strip center in this beach community. Rehabbed the building and parking lot. Re -leased to new tenants that upgraded the interior spaces. Re -leased for long term, triple net terms at 300% increase in income The Mariposa, a 99 Unit nine story apartment building, in the Ambassador Hotel area of the mid Wilshire district of Los Angeles. Completely rehabbed this class "A" building and arranged capital structures. The building consisted of singles, one and two bedroom apartments. The Gramercy, a 66 unit six story class "A" apartment building in the Hancock park section of the Mid Wilshire district of Los Angeles. Rehabbed and re rented the building with fire doors and retrofitted with sprinklers to comply with Los Angeles fire code. The Rossmore, a 43 unit five story class "A" apartment building in the Hancock park section of the mid Wilshire district. Financed, rehabbed and re rented this classic building. Orange Park Acres subdivision. Acquired and entitled this five -acre Planned Unit Development (PUD) for a gated four estate home development. Long Beach Peninsula. 5511 Seaside walk. Acquired, demolished, rebuilt and sold this 3300 sq.ft. beach front luxury home Long Beach Peninsula. 5701 Bayshore walk. Acquired, rehabbed and sold this bay front home Long Beach Peninsula. 5600 Seaside walk. Acquired and remarketed this ocean front lot Long Beach Peninsula. 6701 Bayshore walk. Acquired this double lot. Split lots and sold to custom owner builders. Huntington Harbor. Venture Dr., Trinidad Island. Acquired lot and remarketed to buyer to build his custom home. DRE License # 0114490 APPLICATION, PLANNING COMMISSION PAGE 2 E-Mail: fblum @dc.rr.com Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. It is the responsibility of the Planning Commission to implement the policies of the city as established by the City Council and the Planning Commission as stated in sections 2.29.010, 0209 030 and 040; review all information from staff and applicants; attend scheduled monthly and additional meeting as required; apply common sense in decision making; and consider the impact of those decisions on neighboring projects, traffic, schools, parks, etc. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? The city has experienced a period of exceptional growth and development. In order to insure the growth results in continuing desirability to new residents, a sound, well - developed plan needs to be followed. This should be combined with an open-minded attitude to flexibility and change. As the city grows, attention must be paid to infrastructure, traffic flow, commercial and residential development, schools, public parks, and facilities for all age groups. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? With 35 years in building, development, banking and exposure to community master planning. I bring a broad background of experience to the Commission. I have made a number of presentations before planning commissions and city councils which enables me to understand the application process from both sides of the podium. I have served on numerous boards of directors and committees where I have demonstrated good interpersonal skills in interacting with fellow committee members, staff, and the public. 293 Date: May 20, 2010 CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA PLANNING COMMISSION NAME: Chris Hermann r— � r o rn -n HOME ADDRESS: 48280 Stillwater Drive, La Quinta, CA 92253 r (Must be a La Quinta resident and eligible to vote in the City. o c TELEPHONE: (HOME) 760-777-9130 BUSINESS: 760-777-913T � O D EMAIL: chrishermann@dc.rr.com FAX:760-777-9132 rn 0 0 710 ry rn O n rn -a < m 0 W O M BUSINESS ADDRESS Physical: same as above Mailing: 78365 Hwy 111, PMB 332, La Quinta 92253 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Hermann Design Group, Inc. dba Hermann & Associates LENGTH OF RESIDENCE IN LA QUINTA: 3.5 Years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. have spent the majority of my thirty year career in the real estate industry after earning a Bachelor of cience degree in landscape architecture with a minor in real estate from The Pennsylvania State University. ever the last decade, my primary focus has been providing title and real estate information services to evelopers, builders, lenders and attorneys. best experience I have gained that is relevant to the Planning Commission position has been as a real !e developer for my own businesses. I am president of Hermann Design Group, Inc. (dba Hermann & )ciates), a landscape architecture and planning firm located in La Quinta and Riverside, California. I ntlV formed Aunt Effie's Gardens - Palm Springs' newest retail garden center - and serve as CEO of this :ommunity Service 995 — 2001 YMCA - Board Member 1987 — 1994 Moreno Valley Architectural Review Committee — 2009 Southwest Community Church -Property Development Committee present Fellowship of Christian Athletes - Chairman of Advisory Board at., 294 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Although 1 have attended a limited amount of planning commission meetings in La Quinta, I have presented projects on behalf of my clients in many cities throughout Southern California including Palm Desert, Cathedral City, and Palm Springs. I am familiar with the City of La Quinta procedures, and what I don't know, I will take the time to learn. I have presented several projects to the Architectural Review Committee including Old Town, Centrepointe-Homewood Suites, and several other private residential projects. Additionally, I presented to the Planning Commission a solution to help reduce run-off of sorinklers in turf areas adjacent to streets. _J J-. k­_ nnv What specific issues or problems race me La Uuuud ridmm,y vvnunaow, u„� v� ouuy:J ..,..., ,., ... .___-- __ I le have to be prepared for the repositioning of failed real estate projects that were built under a completely different :onomic environment. Partially developed projects, land uses that can't get financing and the need to improve the proce: ' gaining approval are all issues that need to be faced. At this time the biggest concern that the Planning Commission is waling with is the new General Plan and listening to the community input for what the citizens want. I am familiar with the �cently adopted Park and Recreation master plan. I believe that focus groups within the community can help direct the iture growth of the City. s new investors begin the processing of these projects we will need to be responsive and work closely with the staff to elp serve our community. What specific attitudes, skills and/or expertise do you think you nave wmcn wuuw cI11idi IUV lIIG VVWI 11 WI the La Quinta manning Vommission r ty style of management is participatory and team based. You will find me to be a reasonable, level-headed and balanced idividual who will listen to all sides of an issue in order to weigh the most appropriate solution. have led the Architectural Review Committee in Moreno Valley and served on their economic development committee. he natural progression for me to serve in the community is to become a Planning Commissioner. I would like to bring a ew set of eyes and experiences across a broad spectrum of real -world experience to help improve our Gem of the Desert. PLEASE RETURN THIS APPLICATION I O: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Date: :J M ( U�U CITY OF LA QUINTA R E C E I fffLICATION TO SERVE ON THE '1010 M9 dWWA BANNING COMMISSION NAME- J 0 dVQ C NTA 4 I e- ("i ( L' Zi HOME ADDRESS: Ip' o CX ��Y GAT ��A) l G14 pad 7 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 9�5-1 005 - 3 % O y BUSINESS: 9 521 NF BUSINESS ADDRESS W` IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD SELr- � £ D R :E . 0d1 Dl<'E/z/(1!74A LENGTH OF RESIDENCE IN LA QUINTA: 1 o A L t 9! S 1445 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? / f S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I have a BA degree in Political Science and have taken many other vaned college courses over the years including urban planning and economic development courses. I have always been self-employed, owning my own businesses or working as an independent contractor. My work experience varies from being an Arabic linguist and intelligence analyst with the National Security Agency, saloon owner in Tucson, AZ, owner of the Monogram Center in Palm Desert, marketing companies and commercial real estate and business broker. My civic involvement includes member of the La Quinta Task Force for Incorporation, member and chair of the La Quinta Planning Commission, Founding Chairman of the Board of the La Quinta Arts Foundation & Festival, President of the La Quints Chamber of Commerce, member of the City of Sedona Arts and Cultural Commission, Chair of the City of Banning Economic Development Committee, etc. (Please see enclosed resume'.) I believe my experience with these organizations and my business and real estate background are very relevant to serving on the La Quinta planning Commission. we RESUME' JOHN EDMUND KLIMKIEWICZ PO Box 264, La Quinta, CA 92247 951 805-3204 fax 877 579-5546 johnklim@earthlink.net BIRTHPLACE New York City, New York EDUCATION Graduate, St Mary's HS, South Amboy, NJ: College Prep Graduate, St. Francis College, Loretto, PA: BA, Political Science; Member, Delta Sigma Phi National Social Fraternity Graduate, Defense Language Institute, Arlington, VA: Saudi Arabic Courses completed, National Cryptologic School, Ft. Meade, MD: Radio Traffic Analysis, Advanced Arabic Grammar Courses completed, Commercial -Investment Real Estate Institute: Cl 100, 101, 102, 103, 104, 105, CCIM Program Courses completed, College of the Desert, Palm Desert, CA: Introduction to Professional Baking, Food and Beverage Control and Management, Food and Beverage Procurement and Cost Control Courses completed, University of California, Riverside, CA: Real Estate Development, RE Property Management, Urban Planning Studies Courses completed, CABB 101, IBBA 101, 130, 210 MILITARY SERVICE Honorable Discharge, 1972. Army Security Agency. Rank: SP 5 MOS: Arabic Linguist, Top Secret Crypto Clearance WORK EXPERIENCE Arabic linguist and intelligence analyst, National Security Agency, Ft. Meade, MD 1971-1972 Owner/Proprietor, East Inn Tavern, Tucson, AZ 1973-1976 Owner/General Manager, Monogram Center, Palm Desert/Indio, CA 1977-1993 Broker Associate, Century 21 Indio Realty, 1987-1989 Owner/Broker, WestLand Real Estate, Indio, CA 1990-1993 Partner/CFO/Training Director, DBL, Inc., San Dimas, CA 1993-1994 OwnerBroker, The EDMUND Co., Arizona/Califomia 1994-1997 Independent Health Insurance Specialist, Mutual of Omaha 1995-1997 Independent Representative, Concept Benefits 1997-1999 Associate Broker, VR Business Brokers, Los Altos, CA 1999-2000 Independent Representative, The PEO Broker Corporation, 2000-2002 Senior Sales Manager/Trainer, The PEO Broker Corporation, 2001-2002 Sales Manager, American Marketing Group, Mira Loma, CA 2002-2003 Owner/Broker, The EDMUND Co. - business broker & consultant and commercial investment real estate, Banning/La Quinta, CA 2004- PROFESSIONAL ASSOCL4TIONS Member, National Association of Realtors Member, California Association of Business Brokers Member, International Business Brokers Association Gold Card Exchangor, National Council of Exchangors COMMUNITYSER VICE Life Member, Optimist International President, Palm Desert Optimist Club 1979 & 1981 Lt. Governor, Zone 7, Pacific Southwest District, Optimist International 1982 Member, Task Force for Incorporation, La Quinta, CA 1981-1982 President, Chamber of Commerce, La Quinta, CA 1982-1983 Founding Chairman of the Board, La Quinta Arts Foundation 1982-1983 Member, Planning Commission, La Quinta, CA 1982-1985 Chairman, Planning Commission, La Quinta, CA 1983-1984 Coach, American Youth Soccer Organization, LQ, CA 1982-1988 District Commissioner, AYSO, LQ, CA 1987-1988 Instructor, 8th Grade CCD, St. Francis Catholic Church, LQ, CA 1989-1991 Member, Economic Development Committee, Indio Chamber of Commerce 1989-1991 Member, Arts and Cultural Commission, Sedona, AZ 1995-1997 Member, Arts and Culture Cluster for Economic Development, Focused Future Program, Sedona, AZ 1995-1997 Member, Public Art Committee, Fountain Hills, AZ 2002 Co-chair, Chamber of Commerce Mural Council, Banning, CA 2004-2008 Member, Art in Public Places Ad Hoc Committee, Banning, CA 2005 Member, Downtown Revitalization Committee, Banning, CA 2006-2007 Board Member, Banning Cultural Alliance, Banning, CA 2007- 2008 Chairman, City of Banning Economic Development Committee, 2007-2008 PERSONAL Family: wife Trish, former nurse, holistic health practitioner, food critic; son John, wind power technician, music critic; daughter Katharine, corporate tax accountant & CPA, future international business tycoon Hobbies and interests: cactus gardening, cooking, reading, travel, community service PERSONAL REFERENCES Bob and Ann Botts 5410 Pinehurst Dr., Banning, CA 92220 951 845-2228 Barbara Hanna 4678 Hoffer St., Banning CA 92220 951 922-0856 John and Rosemary Jameson 78660 Carnes Circle, La Quinta, CA 92253 760 360-7673 L 98 Date: 4/30/2010 CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA PLANNING COMMISSION M p rn T NAME: Kay Ladner rn HOME ADDRESS: 54035 Avenida Martinez c' (Must be a La Quinta resident and eligible to vote in the C1.0 TELEPHONE: (HOME) 760 771-0564 - --A BUSINESS:760 342-42N ):' EMAIL: kbladner@aol.com FAX:760 342-4216 BUSINESS ADDRESS 80-501 Avenue 48 - Indio, CA IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, General Manager - Motorcoach Country Club LENGTH OF RESIDENCE IN LA QUINTA: 28 years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? yes Biographical sketch, including education, work experience, civic involvement and other back- ,..,, inn aiancA ho Qi ira to inch,de exneriences relevant to duties of the position you seek. n the past I have served the City of La Quinta as an appointed member of the Community Services commission and two terms on the Planning Commission. I was also an elected La Quinta representative to :he Coachella Valley Recreation and Park District (for 3 terms). those of you who don't know me, I have been involved in real estate development since I was very young, rying in to a family of developers, one of the largest in the State in the 1970's. I represented developers in estate transactions and the city entitlement process. In 1991 1 assisted one of our desert communities the developer transition of their community association, and found a new career path. Since then I have on community / club management. My life has been full of travel and relocation over the past five years, working with developers in setting up their community associations and assisting through the developer transition period. have finally come back home to stay and hope to devote more time to my City. I thoroughly enjoyed my ervice on the Planning Commission in the past and feel that I have garnered even more experience to be a reductive member of the Commission again. that you share in my enthusiasm of being of service in this 299 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. Having served on the Commission for two full terms I have a clear understanding of the process and procedures. What specific issues or problems race the La uumia r-wimuly t+viiuivaawi, ....+:,..,.. +.. -,.J.i roro fF.neo ices iec nr nrnhlPms7 feel that with the development "lull" it gives us time to take a deep breath and review our Plan and how we approach our levelopers and development in general. What specific attitudes, skills and/or expertise do you think you nave wmcn woula el ll ldi ll:e A +L... .. n, drain Dl,nninn rnmmiceinni ..... �... -_ . ._.- - - am a positive person who wants to know all sides of an issue. I am fair in my thoughts and actions, making choices that iopefully are a "win- win" for everyone involved. I served on the commission in the early 90's and again in the early 2000's, believe that my experience in a slow growth period and a high growth time gives me an edge to understanding our needs, tevelopment challenges, and the overall General Plan for our community. have a clear understanding of the development process and it's challenges where it relates to the City, the public and the PS: I have had the opportunity to relocate to some wonderful places in the past couple of years, but there's just no place like home (La Quinta)I Thank you for serving us so well. PLEASE RETURN THIS APPLICAI IUN I v: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. 0. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Sitbmit�A `��I�ca ian� fr. ,o.. Date: May 10, 2010 RECEIVED CITY OF LA QUINTA APPLICATION TO SERVE 2010 FIR 12 Pn 3 52 ON THE LA QUINTA PLANNING COMMISSION CITY OF LA. QUINTA CITY CLERK'S OFFICE NAME: Andrea C. Spirtos HOME ADDRESS: 53-415 Avenida Obregon, La Quinta, CA 9225:3 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) (760) 564-2100 BUSINESS: (760) 341-9200 EMAIL: acspirtos@dc.rr.com FAX: (760) 564-2100 BUSINESS ADDRESS 74-333 Highway 111, Suite 105, Palm Desert, CA 92260 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Law Offices of B. Palmer Riedel, Inc../ Paralegal; Various Entities/ Researcher & Transcriber LENGTH OF RESIDENCE IN LA QUINTA: 17 years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes, monthly Biographical sketch, including education, work experience, civic involvement and other back - around. Please be sure to include experiences relevant to duties of the position you seek. Please See Attached Letter and Resume 00.. 301 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning general purpose of the five -member Planning Commission is to serve at the will of and as an advisory body to City ncil relating to the development and maintenance of the City's General Plan, new development applications, and the 0n, review and development of specific plans. The Planning Commission reviews recommendations from the Historic ;ervation Commission and the Architectural & Landscape Review Committee. As a charter city, the adopted Municipal a governs the Planning Commission. However, unlike other commissions and committees, the Planning Commission is dated by Congress pursuant to Government Code Sections 65100, at seq., of the California Planning and Zoning Law. What specific issues or problems face the La Uuinta rlanning commission anu uu yuu llavu ally to address those issues or The City of La Quints has been a forerunner in its commitment to being good stewards of its finite natural resources. Partnerships with other agencies such as CVWD, IID, and the Gas Company and the design winning LEED Vista Dune Courtyard Homes demonstrates this core value. However, we cannot rest on past laurels and accolades. The entire valley is faced with a burgeoning population which requires housing, services and modifications to the infrastructure. Water will be a key issue in the not so distant future and as we begin to receive the results of the new census we may well become aware of issues not yet conceived by the City. At the same time we must also appreciate and not 1 squander the natural beauty of the city. While the current Commission has done a fantastic job, sometimes a fresh set of eyes can bring a new dimension to the forefront. The choices we make today will have an impact for generations to come. What specific attitudes, skills and/or expertise do you think you have which would ennance the worK of LIIC La WUIIILa r1a11111111, vvll uluJJlv11: have been privileged to serve City Council as both a Cultural Arts and Community Services Commissioner for the past even years and as such have gained invaluable experience working on a commission and with the staff of the City of La I have attended Planning Commission meetings and for those meetings I was unable to attend, I have downloaded, read and studied the minutes. I am familiar with the General Plan, the City of La Quinta's Zoning Code, the Governor's Office of Planning and Research announcements and events, and have studied the rules and regulations mandated by CEQA, NEPA, the Cal/EPA, the Water Resources Control Board (SWRCB), the Clean Water Act (CWA) as well as the Americans with Disabilities Act (ADA), AB375 and AB32. With a background in art and having once been a caregiver for a wheelchair bound husband, I believe I would bring to the table a critical eye for the aesthetically pleasing plan that is also compliant with the ADA while protecting our resources. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Submit Application 302 A-'hMREA C. SPIRTOS 53-415 Avenida Obregon La Quinta, CA 92253-3438 Telephone and Facsimile: (760) 564-2100 Email: acspirtos@dc.rr.com May 11, 2010 Dear Honorable Mayor and esteemed City Council: It has been my great honor and certainly a key source of enjoyment for me to serve the city and Council through my service on both the Cultural Arts and Community Services Commissions for the past seven years. However, there comes a time when it may be in the City's best interest to make a few changes to the commissions. Through my application to the Planning Commission I am proposing just such a change. As you consider my application and resume there are a couple of things to which I draw your attention. First, I was married for twenty-seven years to a beloved husband who was disabled. During that time, I learned to become aware of accessibility issues. One of the reasons we chose La Quinta as our home was because its buildings and services were considerably more accessible than those in many cities. I found the willingness of staff at the City of La Quinta to be extraordinarily helpful and encouraging when I was building my home to accommodate my husband's very special needs. Many years ago, I was privileged to work with the United States Navy on a project at Point Mugu and was successful in my bid for an RFP on a special housing project specifically for commissioned officers. The development, which was basically eight units surrounding green space, allowed for varying family sizes including single and multiple story units. One of the challenges was convincing the Navy of the importance to the family unit of a green area with shops in close proximity to housing and although exempt from many of the mandates of CEQA and Cal/EPA the plans I submitted were fully compliant. I was also privileged to work on the Malibu High School project, from land acquisition, to design, to construction. Prior to the project, students were forced to travel by car or bus down Pacific Coast Highway, Highway 1, to Santa Monica, a distance of twenty miles or more which was a real challenge during fire or flood season. In my employment at Best, Best and Krieger, I served as the paralegal in the Litigation Department, Municipal Law, reading and drafting abatement and nuisance pleadings. This experience gave me a unique opportunity to work with Planning and Code Enforcement staff at the cities of Palm Desert, Indian Wells, and on occasion, Indio. I n. 303 Recently I have been afforded the opportunity to research issues surrounding the California Water Resources Control Board (SWRCB) and the Clean Water Act (CWA). Issues surrounding water promise to be a major concern for this valley, the state and the nation. Finally, it is through my interest in art that I appreciate the city for its natural beauty. I am concerned that we not squander such an asset and that plans submitted by developers and architects incorporate that unique asset of the City of La Quinta. Thank you for your consideration. Most sincerely, Andrea (Audi) Spirtos 2 M. 304 ANDREA C. SPIRTOS 53-415 Avenida Obregon La Quinta, CA 92253-3438 Telephone and Facsimile: (760) 564-2100 Email: acspirtosRii do rr com EMPLOYMENT: Legal Paralegal/Legal Secretary B. Palmer Riedel, Inc. 2009 - present Richard H. Hart, PC 2008 - 2009 Legal Secretary Anderholt & Turner LLP 2006-2008 Walter Clark Legal Group 2006 Litigation Paralegal Best Best & Krieger, LLP 2004-2006 Law Clerk William S. Bonnheim, PLC 2004 Martin C. Brhel, Jr., APLC 2002-2004 Office Manager/Legal Assistant Law Office of Nicholas G. Spirtos 1982-2002 Nonarorit/Education Transcriber/Researcher National Academy of Sciences 2008 - present Development Director Junipero Serra High School 1987-1988 Co -Founder — 501(c)(3) Pacific MS Research Foundation 1982-1997 Director of Youth Services American Heart Association 1980-1982 Director United Way 1979-1980 Donor Services Shelter Services Youth Consultant American Red Cross 1977-1979 Developed YDAT Guidance Counselor UCLA 1974-1977 Developed VITA Counselor/Teacher Kennedy High School 1973-1974 Business Account Representative Metropolitan Life 1996-1997 Vice President Compensation Strategies 1988 President C.O.S.T. 1982 Other Care Giver State of California 2000-2002 Developer Point Mugu Naval Base 1988 VOLUNTEER: La Quinta Museum 2009 — present Indian Wells Chamber of Commerce 2009 - present 305 EDUCATION: Ed.D, abd MA m Pepperdine University 1993 Institutional Management/Department of Education and Psychology Loyola Law School University of Iowa Guidance Counseling University of Dubuque Psychology Education PUBLICATIONS: "Charity Check," weekly column in "The Desert Sun," a Gannet Publication "Cutting Edge Technologies in Community Colleges," monograph, CACJ "International Platform Association Poetry Anthology" "Not In My Wildest Dreams" CREDENTIALS AND LICENSES: California Life/Health Insurance License California Pupil Personnel Services California Rape Crises Counselor California Teaching, grades 9 through 14 Lifetime Teaching, Illinois, Iowa, Wisconsin, grades 9 through 14 Notary, California PROFESSIONAL ORGANIZATIONS: Gettysburg Foundation, Founding Member International Platform Association Governor La Quinta Community Services Commissioner Chair La Quinta Cultural Arts Commissioner La Quinta Historical Society, Board Member National League of American Pen Women Natural Preservation Committee Smithsonian, Contributing Member Presidents Reagan and Bush Education Council -2- 1979-1983 1974 1973 1997 1988 1992 - 1995 1994 1995 1995-present 1990-present; 1994-2002 2006 — present 2009 — present 2003-2005 2009 1996-2004 1996 — present 1998 — present 306 RECEIVED CITY OF LA QUINTA APPLICATION TO SERVE ON THE Dat4$NaM.# l0 Pn 1 36 CITY OF LA QUINTA CITY CLERK'S OFFICE LA QUINTA PLANNING COMMISSION NAME: Mark Weber HOME ADDRESS: 78-795 Wakefield Circle, La Quinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME).760-200-1098 BUSINESS: 760-610-3271 EMAIL: markdweber@live.com FAX: BUSINESS ADDRESS 81-600 Avenue 58, La Quinta, CA 92253 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Imperial Irrigation District, Business Analyst LENGTH OF RESIDENCE IN LA QUINTA: 6 years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. BA UCLA; MBA Winthrop University. Attended several League of California Cities Planning Seminars and UCLA Extension Planning courses. Work experience at TRW Space & Defense, Hughes Aircraft, Raytheon, City of Orangeburg- DPU and IID. Involved member of the City of La Quinta and the Coachella Valley Community for the past 6 years. 13 yrs experience in Economic, Community Development and Customer Service with two Public Utilities. Interface well with all levels of the community; State/Local/City Officials and staff, developers and citizens. Prior elected, appointed and volunteer positions in various City and County governments. Active in various community based groups, civic organizations, committees and Chambers of Commerce. Attend numerous City Council and Planning Commission Meetings. Currently serving on the City of La Quints Planning Commission. Prior service on the City of La Quinta Community Services Commission, two years as Chairperson. Experience as a Project Manager and in reading Engineering Drawings, reviewing plans and projects. Direct experience in Energy Efficiency and Conservation;member of US Green Builders Committee. Leadership experience on CVEP, CVAG and CVEZA committees within the Coachella Valley. 307 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Planning Commission functions in an advisory capacity to the City Council and within the Planning and Zoning Laws of State of California and the City's Zoning Ordinance. They are responsible for developing and maintaining the City's feral Plan, advising City Council regarding new development, design review and development of specific plans. liamentary procedure and Robert's Rules of Order apply. What specific issues or problems face the La uuinta manning Gommisslon artu uu you uava any to aooress tnose Issues or wth, while slowed in pace during this economic downturn, continues to be the main focus of the Planning Commission. nmercial development in the Old Town/Cove areas, Hwy 111 and planning in the southleastern portion of the City's SO[ remain major activities. Silverock and the La Quinta Resort will be big issues in coming years. The update to the feral Plan is a large effort underway. Addressing traffic, density, affordable housing, maintaining views and lifestyle, rgy conservation beyond Title 24, green space, trails and open space, parks, water conserving development will define City for the future. What specific attitudes, skills and/or expertise do you think you have which would enhance the worK of thin I a Oninta Planning Commission? bring a well rounded background of community involvement with the specific planning and development experiences eeded in our growing community. My prior experiences in local city and county elected, appointed and volunteer opacities has provided me with a set of skills to work effectively with the general public, City Council, staff and the ly energy, enthusiasm, positive attitude and commitment to the community are evident by my past efforts and actions 4thin the City of La Quinta and the Coachella Valley. hope City Council allows me the opportunity to continue to serve Council and the citizens of the City of La Quinta as a fanning Commissioner. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 308 � T 4 c, w OFT MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk DATE: June 1, 2010 SUBJECT: City Boards, Committee and Commission Appointments The City Clerk Department has received notification from the following applicants stating they are unable to attend the interviews scheduled for June 1, 2010, at 1:00 p.m.: Corry Hunter — Housing Commission applicant Chris Hermann — Planning Commission applicant Also, Mr. Frank Blum has withdrawn his application for the Planning Commission. Thank you. 309 Department Report: `- A / T ti F OF79 TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: June 1, 2010 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the May 18, 2010 City Council meeting: 1. Deborah McGarrey, 79-335 Camino de Oro, Public Affairs Manager for Southern California Gas Company, explained the procedure of monitoring natural gas when an earthquake occurs; and explicitly stated natural gas should not be turned off unless there is a safety issue. Ms. McGarrey spoke in response to Council Member Henderson's request to address earthquake safety as a result of hearing her presentation at the CVAG Public Safety Committee meeting. 310 Department Report: tio—A a, ok ��o •;�i�/ Q�/ �W CE` r OF'rtT<''�� TO: The Honorable Mayor and Members of the City Council The Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Directo I/ DATE: May 25, 2010 SUBJECT: Department Report Regarding - General Plan Monthly Update for June, 2010 La Quinta's public outreach efforts for the 2035 General Plan update continued in May with special stakeholder meetings focusing on business and property owners in the Village and Highway 111. The Village Stakeholder meeting was held on May 12, at 2:30 p.m. at the La Quinta Museum with 15 people attending. During the workshop, staff gave a brief presentation and overview of the Village area which was followed by a moderated discussion. There were a number of suggestions and observations made by those in attendance that will assist staff in crafting land use and development policies for the 2035 General Plan update. Two additional milestone events will take place in late May. Staff will be hosting a Highway 111 property owner's stakeholder's meeting during the afternoon of May 26 in the Session Room at City Hall. The format will be similar to the Village workshop, including a brief presentation followed by a moderated discussion of Highway 111 observations and suggestions. Also on the evening of May 26, staff will be addressing the Vista Santa Rosa Community Council regarding the 2035 General Plan update. Due to the timing of this report, an update regarding these meetings will be presented to the Council next month. The 2035 General Plan update webpage was also unveiled earlier this month. The webpage www.LQ2035.org was designed to keep La Quinta residents active and informed about the General Plan update process. The webpage includes an overview of the update process, frequently asked questions, news about upcoming events and opportunities to comment and participate. There are also links to 311 general plan related documents and staff reports, and summaries of past meetings and workshops. Staff has also begun reviewing and editing the draft elements of the General Plan. Early draft versions of Land Use, Sustainability, Economic Development, Emergency Services, Energy and Mineral Resources, and Utilities are among those currently being worked on. 7 to, 312